HomeMy Public PortalAbout07-1385UINTERIM URGENCY ORDINANCE NO. 07-1385U
AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARSON, CALIFORNIA, EXTENDING ORDINANCE NO. 07-1373U CONCERNING
MOBILEHOME PARK CONVERSIONS FOR AN ADDITIONAL TEN MONTHS AND
FIFTEEN DAYS TO COMPLETE STUDIES AND PREPARE COMPREHENSIVE
ALTERNATIVES TO AUGMENT THE CITY'S AFFORDABLE HOUSING SUPPLY
WHEREAS, by a unanimous vote the City Council of the City of Carson ( "City
Council ") adopted Ordinance No. 07 -1373U on March 21, 2007; and
WHEREAS, Interim Urgency Ordinance No. 07 -1373U imposes a moratorium on all
mobile home park conversions in Carson and directs staff and the office of the City Attorney to
include an analysis of all the issues related to the "survey of support" and pending state
legislation during the moratorium and to further study proposed changes to City of Carson's
planning and zoning regulations and general plan consistency issues; and
WHEREAS, Interim Urgency Ordinance No. 07 -1373U is a temporary ordinance which
will expire on May 5, 2007, 45 days after its adoption; and
WHEREAS, the California Government Code expressly authorizes the City Council to
adopt and extend an urgency ordinance and provides that
"Cal. Gov. Code § 65858(a). Without following the procedures otherwise
required prior to the adoption of a zoning ordinance, the legislative body of a
county, city, including a charter city, or city and county, to protect the public
safety, health, and welfare, may adopt as an urgency measure an interim
ordinance prohibiting any uses that may be in conflict with a contemplated
general plan, specific plan, or zoning proposal that the legislative body, planning
commission or the planning department is considering or studying or intends to
study within a reasonable time. That urgency measure shall require a four -fifths
vote of the legislative body for adoption. The interim ordinance shall be of no
further force and effect 45 days from its date of adoption. After notice pursuant to
Section 65090 and public hearing, the legislative body may extend the interim
ordinance for 10 months and 15 days and subsequently extend the interim
ordinance for one year. Any extension shall also require a four -fifths vote for
adoption. Not more than two extensions may be adopted;" and
WHEREAS, the City staff have undertaken the Council directed studies and analysis
regarding planning and zoning issues and "survey of support" form, content and required result,
collected ordinances that have been adopted or proposed from other jurisdictions, conducted
extensive legal research, followed and studied in full the pending state legislation and have even
attended committee meetings on same in Sacramento to better analyze the legislative intent
behind the "survey of support" issue, drafted and created a form for "survey of support" which
was approved for public circulation and comment by the City Council on April 17, 2007 and is
currently being circulated to various mobilehome park homeowners' association in the City for
comments, and conducted a full study of all the mobilehome parks within the City; and
Interim Urgency Ordinance No. 07 -1385 U
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WHEREAS, the City staff have worked diligently to create a comprehensive and all -
encompassing report on this matter but further factual information, studies and other important
research is necessary in order to present the most feasible and intelligent course of action to be
considered by the Council; and
WHEREAS, assessment of other mobilehome parks located in critical areas still need to
be undertaken which would enable the City Council to get a broader understanding of the
Affordable Housing requirements of the City and the overall safety of residents in these parks
but will not complete its work before the interim ordinance expires on May 5, 2007; and
WHEREAS, the City staff is hereby directed to begin a comprehensive and unified study
of the land use and zoning of mobilehome parks to address this specific issue in addition to
conducting further studies in connection with the pending state legislation and the "survey of
support" issue. The staff are further directed to solicit comments from mobilehome park
associations on the proposed "survey of support" form and present their findings of such studies
to City Council for final approval but will not complete its work before the interim ordinance
expires on May 5, 2007; and
WHEREAS, the City Council determines that this ordinance is necessary as an urgency
ordinance to address current and immediate threats to the public health, safety, and welfare. The
City Council determines that the conversion of mobilehome parks to resident ownership without
further study would result in further threats to the public health, safety, and welfare.
WHEREAS, after notice and a public hearing, Government Code §§ 65858, 36934 and
36937 permit the City Council to extend Interim Ordinance No. 937 -04 for an additional ten
months and fifteen days to allow the Planning Commission additional time to complete its
analysis and recommendations; and
WHEREAS, at its public meeting of May 5, 2007, evidence was heard and presented
from all persons interested in affecting said proposal, from all persons protesting the same and
from members of the City staff, and the City Council has reviewed, analyzed and studied said
proposal.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of Carson finds that the above recitals are
true and correct and incorporated herein by this reference.
SECTION 2. Interim Urgency Ordinance No. 07 -1373U establishing a Moratorium on
all Mobile Home Park Conversions is hereby extended to ten months and fifteen days beyond its
original expiration date, such that Interim Ordinance No. 07 -1373U will now expire twelve
months following its March 21, 2007 adoption date.
SECTION 3. A copy of this Ordinance is to be posted in all mobile -home parks and
circulated to all stakeholders, residents, owners and homeowners associations, California State
Legislators and the Governor of the State of California.
01007/0013/49041.08
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Interim Urgency Ordinance No. 07 -1385 U
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SECTION 4. In light of the City of Carson's adoption of a proforma Survey Of Support
form for all proposals for Mobile Home Park conversions, the City Staff is directed to conduct
this Survey on all Mobile Home Parks/Residents located in the City to get an advance pulse and
feel of the current predicament and position of mobile home park residents in the City.
SECTION 5. Urgency Interim Ordinance No. 07 -1373U is hereby extended pursuant to
the authority conferred upon the City Council of the City of Carson by Government Code §§
65858, 36934 and 36937, and shall remain in full force and effect immediately upon adoption of
this extension by a four - fifths (4/5) vote of the City Council as if and to the same extent that such
ordinance had been adopted pursuant to each of the individual sections set forth hereinabove.
SECTION 6. That, pursuant to Government Code § 65858(d), ten days prior to
consideration of this ordinance, the City issued a written report describing the measures taken to
alleviate the condition which led to the adoption of Interim Ordinance No. 07 -1373U and this
extension thereof.
SECTION 7. If any section, subsection, sentence, clause, or phrase of this ordinance is
for any reason held to be invalid or unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
ordinance. The City Council hereby declares that it would have passed this ordinance, and each
and every section, subsection, sentence, clause and phrase thereof not declared invalid or
unconstitutional without regard to whether any portion of the ordinance would be subsequently
declared invalid or unconstitutional.
PASSED, APPROVED, AND ADOPTED as an URGENCY ORDINANCE this 5th day
of May, 2007.
ATTEST:
City Clerk Helen S. a agoe
APPROVED AS TO FORM:
William W. der, City Attorney
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01007/0013/49041.08 3
Jim Dear, Mayor
Interim Urgency Ordinance No. 07 -1385 U
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON
I, Helen S. Kawagoe, City Clerk of the City of Carson, California, do hereby certify that the whole number
of members of the City Council of said City is five; that the foregoing ordinance, being Ordinance No. 07-
1385U) was duly and regularly adopted by the City Council of said City on an urgency basis at an special
joint meeting of said Council, duly and regularly held on the 5th day of May, 2007, and that the same was
passed and adopted by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
01007/0013/49041.08
Mayor Dear, Williams, Gipson, and Davis - Holmes
None
None
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