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Home My WebLink About2006-06-21 STAFF REPORTS 3A p ALM S H � 2 4 N c k �K•OgAi EO e'V cA`'�°"`'�P CITY COUNCIL STAFF REPORT DATE: June 21, 2006 LEGISLATIVE ITEM 3.A SUBJECT: AN INTERIM URGENCY ORDINANCE 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 WITH 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. FROM: David H. Ready, City Manager BY: Douglas Holland, City Attorney RECOMMENDATION: 1. Waive reading of the Ordinance text and adopt by title only. 2. Adopt Ordinance No. , "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." (4/5"s VOTE OF THE CITY COUNCIL REQUIRED) STAFF ANALYSIS: City staff has received complaints and correspondence regarding a proposed mobile home park conversion from a space rental park to space owned park. Meetings have been held between the owners of the park and the residents. Notwithstanding the various meetings, staff has been advised that a large majority of the residents are opposed to the conversion. Although state law has imposed various requirements on owners converting their properties, there is a concern that these protections may not be :477',EA4 3.a9 City Council Staff Report June 21, 2006 -- Page 2 Ordinance Mobile Home Park Conversions adequate for a variety of reasons. Staff understands that the affected park is a "seniors" park and the residents may be adversely affected by the conversion. In addition, the City's Municipal Code does not specifically address mobile home park conversions (except with certain limited rent control provisions) and additional protections or assurances may be appropriate. Staff recognizes that the State has adopted several comprehensive statutes and regulations regarding mobile home park conversions, especially in the area of notice and provision of opportunities to purchase. To a large extent, these statutes and regulations have pre-empted local control of these matters. Notwithstanding the existence of the state laws, the entire field has not been pre-empted and the City may have some flexibility in addressing these issues. Staff also recognizes that the City's current code may not adequately address such conversions and believes that a review of the City's options, after reducing the apparent immediacy of any impending conversion, would be desirable for a clear identification of potential issues and approaches to addressing options which may be available to the City and to ensure that if changes are warranted, these changes could be applied to all pending or threatened conversions. The proposed interim urgency ordinance would be in effect for an initial period of 45 days. A report will be submitted to the Council before the expiration of the interim ordinance and the Council can consider whether the interim ordinance should be extended. FISCAL UPACT: There should be no fiscal impact on the City except to the extent the review of the City's code and preparation of an adequate report for Council consideration will affect current staff workloads. /A Douglas Holland, City Attorney .�,.--<'�-�j.':!'/ram,�•.,r//,. David H. Ready, City Milan Attachment: Proposed Ordinance ORDINANCE NO. 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 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 1 512N72 1 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 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. 2 512832 1 PASSED, APPROVED, AND ADOPTED this day of 2006. RON ODON, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF PALM SPRINGS ) 1, James Thompson, City Clerk of the City of Palm Springs, California, DO HEREBY CERTIFY that the foregoing Ordinance No. was duly introduced, adopted, and passed as an urgency ordinance at a Regular Meeting of the City Council held on the day of 2006, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: (SEAL) JAMES THOMPSON, CITY CLERK 3 513RJ^_1 MATERIAL TO BE PROVIDED Item 3 • A • t-_ No. 2139 ------ - - -- Iv Ir•n r,ay Y�i ORDINANCE NO. 1691 7,1T;r (-)I- AN INTERIM URGENCY ORDINANCE OF THE PROOF OF PUBLICATION CITY OF PALM MOBILE HOME CALIFORNIA.ARKC PRO- �} r q SI NSW MOBILE COME PARK C SPRINGS 2J V�I(- _c h•Irl I Li TIP SIGNS PERIOITHIND THE CITY OF PALM SPRINGS �z015.s.C.C.P� COMPLETION A PERIOD A T DAYS PENDING THE 1. 4 OF THE rION OF A STUDY OF THE EFFECTS OF THE CONVERSION OF MOBILE ALMS HOME PARa ii i AND HE HINAD THE CITY OF PALM SPRINGS AND THE ADOPTION IT AM AND ALL vI it C IrZ j'i� CONVERSION E THE CONSY'S MOBILE HOME CONVERSION REGULATIONS AND RELATED LAND USE gEGULATIONS. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, 00E5 ORDAIN AS FOL- LOWS: SECTION 1. This Interim urgency ordinance is STATE OF CALIFORNIA adopted pursuant to Section 65858 of the Califor- nia Government Code and pursuant to the City s authority over matters of local concern as a char- ter city. SECTION 2. The ray of Palm Springs Shall not Issue or approve any general plan amendment, specific plan, zone change, buiding permit, con^ dilionil use permit, variance, precise plan of de- sign,or other land use entitlagc nt for the toner- sion of any mobile home park to any other use nor shall the City of Palm Splln�,s approve any I am a citizen ofthe United States and a resident of tentatlw%preliminary,or final sub di vsion or parcel mop subdividing any mobile home park on any the County aforesaid;I am over the age of eighteen praperty withln the City of Palm Springs during g Pne time that thu Interim ordinance w In effect. SECTION 3.The City Council hereby Tlnds,dolor• years,and not a party to or interested in tIle mines and declaro:. that this interim urgency or- above-entitled mattes dinance adopted pursuant to California Govern- ment Code Section 65658 in necessary bocaWA: printer of the,DESERT SUN PUBLISHING COMPANY a newspaper Of general circulation, A.The conversion of mobllc Home parks to Oared uses or the Want cleion of mobile home parka and the onto a 'for chin t w a "for rent or ,ease' printed and published in the city of I'ahn Springs, space to a 'for sale" �ot withln the sty prrsenta 3n Immediate threat to the public health, safety County of Riverside,and which newspaper has been and welfare In that the City currerriy has Ilmlter) adjudged a newspaper of general circulation b the supply of mobile home units, which are one of y chi most affordable forms of housin. m the Clty Superior Court of the County of Riverside,State of convcrang tnls type el he�sm to a�tornatc saes or to aubdrvldetl "for sale" IOt: will eliminate a California under the date of March 24,1988.Case suln0icant source of 4ffordeble housing in the City and may result In the crouton of lots that will be Number 191236;that the notice,of which the sold to sssson•d residents nthyr than full time annexed is a printed copy(set in type not smaller residents who are employed year round In the community and would eliminate a farm of housing than non pariel,has been published in each regular for which there Is.a high dcm•md by City hou.:o- holds earning lower Incomes. The City has re- And entire issue of said newspaper and not in any cogri received Inquiries�s well as an application regarding the conversion of a mobile home park supplement thereof on the following dates,to wit: to 9 subdivided perk where the current spaces would be marked "fors ale and, with the current June 30°i,2006 housing market In the Coachella Valley the City anteipates that d will receive more inquiries and application submittals in lh� Heal future The City mtPnds to study the economic and m market i - pacts of converting mobile home park. I,c other uses and the subdivision of twisting mobile home ...................................................- perks, converting individual spacf„ Into Individual ••`•`-`--- Iota of record for site and to propose amend- All In (Ile year 2006 mants tv the Clty s municipal code to address nne Impacts.Thy City must prohiblt the convey Sion of ds scarce supply of mobile homy parks to other uses or subdivision lots while staff cam- certify(or declare)under penalty of perjury that the pieces Its land use studies and its economic anal. foregoing is true and correct. ysls on the Impacts of such conversion^. N.The entSIssuance or approval zone any general plan amendment sppecific plan zone change, building Dated at Palm Springs,California this--30'I',--daypermit, candltl onal use pyrmlt,variance, pn:cise plan of design subdivision map, or parcel map or other land use Onlltlemem for the conversion of or a mobile home ppark would result in a threat to —,2001i public health, safety and welfare in that there arc insufficient standard) or regulations in me City's municipal code that ary unique to the City and coin rehcnsiveiy address mobile home park Con- versPons. The City does not Currently have a mechanism to ensure that the ernrvpr-ion of mo- ----•-•-•----- bile home parks cogplics with all federal, stale. ^—•••`----^ --- -- -- •---^-----•-- antl local laws or with the goals antl policies of i na a the City a General PHm, especially the goals and policiea pertaining to the provision of afe'dabie housing. Addihonally, to allow the approval Of land use antltlements for the conversion of mobile home parks in the City at tills time while the oily" municipal code may be amended and while City staff Is conducting economic and land use `V studios oncernlnqq the conversion of mobile �XI home parics in the Clty of Palm Springs could re- suit In inconsistent land uses and policies which would be h'rrmful tv the public welfare. SECTION a. Ten drys prior to the explranon of this mt,-n urgency ordinance, ar an extenslon thereof the rig Council shall Issue a written re- porl describing the measures which the City has taken to ]ddress the conditions which Icd to the ..option of this ordinance. SECTION 5.This Interim urgency ordinance shall take effect immediately upon ir; adoptlon by a Tour-fifths (4/5) vote of tho City Council. This In- terim urgency ordinance shall canlmue In effect for forty-five lag) day- from the date of it^sdop- tion and shall thcrc5y clap be of no further force and effect unless, after notice pursuant to California Government-Code-Section-G5090-and-a pubs Government the City Council extend;: tn�s intenm ur- gencyordinance for on addltlonal period of time nt to California Government Code Suction SECTION 6. If .ny s,Coon, subsectlon, -ubdlvl- j elon, paragraph sentence clause or phrase In lhi. any pare thereol Is for any rea- son,held to be unconstitutional or invalid or mid- fecave by any court of competeni Jurladlction such docr Ion sh:dl net uffPci the validity of ellee- tiveness of the remaining portions of this Ordr nince,or sny psrt thereof."I he Olt Council here- by declare.:that it would have p.,Rced this, Ordi- nance and each section, subsection subdivision, sentence, clause and phrase thered,Irrespective of line fact that any one or more secrlons, sub- sections Subdivislonu, Scnlcnccs. clau%r,% or phrases be declared unconstitutional. PASSED APPROVED, AND ADOPTED this 21S1 day of June, 2006. HUFIFODION MAYOR ATTEST: JAMES THOMPSON, CITY CLERK CERTIFICATION STATE OF CALIFORNIA) COUNTY OF RNEFlSIDE ss CITY OF PALM SPRING ) I James Thompson City Clerk of the Citryy of Palm Springs, California, DO HCREBY CFRiIFY that the foregolnq Ordinance No. 1691 was duly Introduced, ado led and passed as an uTency ordinance al a Roguldr McUing of the City oun- cil held on the 21st day of June,2006 by the fol- lowing vote,to wio AYES:Councllmembers McCulloch, Mills Poug- net, and Mayor Pro Tem post '_NOES: None ABSENT: None A65TAIN. Mayor Coen L(SEAL) �Fn�"s fTCr�.PSZSNZ9'T�CLERR Pu6liahod:0/30/2006