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HomeMy WebLinkAbout1691 - ORDINANCES - 6/21/2006 ORDINANCE NO. 1691 ' AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, PROHIBITING MOBILE HOME PARK CONVERSIONS WITHIN THE CITY OF PALM SPRINGS FOR A PERIOD OF 45 DAYS PENDING THE COMPLETION OF A STUDY OF THE EFFECTS OF THE CONVERSION OF MOBILE HOME PARKS WITHIN THE CITY OF PALM SPRINGS AND THE ADOPTION OF ANY AND ALL AMENDMENTS TO THE CITY'S MOBILE HOME CONVERSION REGULATIONS AND RELATED LAND USE REGULATIONS. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. This interim urgency ordinance is adopted pursuant to Section 65858 of the California Government Code and pursuant to the City's authority over matters of local concern as a charter city. SECTION 2. The City of Palm Springs shall not issue or approve any general plan amendment, specific plan, zone change, building permit, conditional use permit, variance, precise plan of design, or other land use entitlement for the conversion of any mobile home park to any other use nor shall the City of Palm Springs approve any tentative, preliminary, or final subdivision or parcel map subdividing any mobile home park on any property within the City of Palm Springs during the time that this interim ordinance is in effect. SECTION 3. The City Council hereby finds, determines, and declares that this interim urgency ordinance adopted pursuant to California Government Code Section 65858 Is necessary because: A. The conversion of mobile home parks to other uses or the subdivision of mobile home parks and the concomitant change of a "for rent or lease" space to a "for sale" lot within the City presents an immediate threat to the public health, safety, and welfare in that the City currently has limited supply of mobile home units, which are one of the most affordable forms of housing in the City. Converting this type of housing to alternate uses or to subdivided "for sale" lots will eliminate a significant source of affordable housing in the City and may result in the creation of lots that will be sold to seasonal residents rather than full time residents who are employed year round in the community and would eliminate a form of housing for which there is a high demand by City households earning lower incomes. The City has recently received inquiries as well as an application regarding the conversion of a mobile home park to a subdivided park where the current spaces would be marked "for sale" and, with the current housing market in the Coachella Valley, the City ' anticipates that it will receive more inquiries and application submittals in the near future. The City intends to study the economic and market impacts of converting mobile home parks to other uses and the subdivision of existing mobile home parks, converting individual spaces into individual lots of record for sale and to propose Ordinance No. 1691 Page 2 amendments to the City's municipal code to address these impacts. The City must prohibit the conversion of its scarce supply of mobile home parks to other uses or ' subdivision lots while staff completes its land use studies and its economic analysis on the impacts of such conversions. B. The issuance or approval of any general plan amendment, specific plan, zone change, building permit, conditional use permit, variance, precise plan of design, subdivision map, or parcel map, or other land use entitlement for the conversion of a mobile home park would result in a threat to public health, safety and welfare in that there are insufficient standards or regulations in the City's municipal code that are unique to the City and comprehensively address mobile home park conversions. The City does not currently have a mechanism to ensure that the conversion of mobile home parks complies with all federal, state, and local laws or with the goals and policies of the City's General Plan, especially the goals and policies pertaining to the provision of affordable housing. Additionally, to allow the approval of land use entitlements for the conversion of mobile home parks in the City at this time while the City's municipal code may be amended and while City staff is conducting economic and land use studies concerning the conversion of mobile home parks in the City of Palm Springs could result in inconsistent land uses and policies which would be harmful to the public welfare. SECTION 4. Ten days prior to the expiration of this interim urgency ordinance, or an extension thereof, the City Council shall issue a written report describing the measures which the City has taken to address the conditions which led to the adoption of this ordinance. SECTION 5. This interim urgency ordinance shall take effect immediately upon its adoption by a four-fifths (4/5) vote of the City Council. This interim urgency ordinance shall continue in effect for forty-five (45) days from the date of its adoption and shall thereafter be of no further force and effect unless, after notice pursuant to California Government Code Section 65090 and a public hearing, the City Council extends this interim urgency ordinance for an additional period of time pursuant to California Government Code Section 65858. SECTION 6. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this Ordinance or any part thereof is for any reason, held to be unconstitutional or invalid, or ineffective by any court of competent jurisdiction such decision shall not affect the validity of effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, subdivision, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses or phrases be declared unconstitutional. ADOPTED this 21st day of June, 2006. MAYOR Ordinance No. 1691 Page 3 ATTEST: CytSj�tlerk /� CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF PALM SPRINGS ) I, James Thompson, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 1691 is a full, true, and correct copy, and was adopted at a regular meeting of the City Council of the City of Palm Springs on June 21, 2006, by the following vote: AYES: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, and Mayor Pro Tern Foat NOES: None ABSENT: Mayor Oden ABSTAIN: None ' /,, es Thompson, City Clerk / City of Palm Springs, California