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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 Page -2 -of4 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 2 Interim Urgency Ordinance No. 07 -1385 U Page - 3 - of 4 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 t72fett 01007/0013/49041.08 3 Jim Dear, Mayor Interim Urgency Ordinance No. 07 -1385 U Page - 4 - of 4 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 Santarina _4_ tIt) ! tom son, Ca Tornia