HomeMy WebLinkAbout13-01 - Closure Impact Report for Anchor Trailer Port/Mobilehome ParkCITY COUNCIL RESOLUTION NO. 13-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA
REQUIRING THE PROPOSED OWNER TO IMPLEMENT THE CLOSURE IMPACT
REPORT (CIR) (DATED DECEMBER 19, 2012) FOR THE ANCHOR TRAILER
PORT/MOBILEBHOME PARK LOCATED AT 1527 NEWPORT BOULEVARD,
COSTA MESA PREPARED BY INTRACORP SOCAL-1 LLC AND ATTACHED
HERETO; DETERMINING THE CIR IS SUFFICIENT FOR THE CLOSURE OF THE
PARK PURSUANT TO THE PARK LAWS, INCLUDING GOVERNMENT CODE
SECTION 66427.4 AND CIVIL CODE SECTIONS 798.56 (g) and (h) OF THE
MOBILEHOME RESIDENCY LAW; AND, MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH
WHEREAS, the City of Costa Mesa ("City") is a California municipal corporation
and the Costa Mesa City Council ("City Council") is its governing and legislative body;
and
WHEREAS, the Anchor Trailer Park ('Park") is located at 1527 Newport
Boulevard, Costa Mesa, California ('Park Site") and is currently owned and operated by
V2V Properties -Anchor CM, LLC ("Current Owner"); and
WHEREAS, based on information provided by the Current Owner and Intracorp
Socal-1, LLC ('Proposed Owner"), the City is informed that the Current Owner is selling
the Park to the Proposed Owner; and
WHEREAS, California Government Code Sections 66427.4, 65863.8, the
Mobilehome Residency Law, Civil Code Section 798, et seq. ("MRL"), and the
Recreational Vehicle Park Occupancy Law, Civil Code Section 799.20, et seq. ("RVL")
(all together, the "Park Laws") govern the closure of mobilehome parks and combination
mobilehome/recreational vehicle parks (together "Mobilehome Parks"), the termination
of tenancies in connection with the closure of such parks, and generally the operation of
and tenancies in Mobilehome Parks, and impose various duties on the owners of
Mobilehome Parks and on the agents and representatives authorized to act on behalf of
the owners; and
WHEREAS, under the Park Laws the Proposed Owner has notified the City and
the residents that it intends to close the Park and not operate this type of business on
the Site after its acquisition of the Park, and intends change the use and convert the
Park to another use, to wit, the Proposed Owner has made separate application to the
City for a land use entitlement to develop on the Site a live/work residential/business
project; and
WHEREAS, the Proposed Owner is processing the closure of the Park with the
consent and authorization of the Current Owner; and
WHEREAS, the Proposed Owner has filed an application under the Subdivision
Map Act, Government Code Section 66410, et seq., for a tentative map and/or parcel
map to subdivide the Site in connection with its application to convert the Park to
another use; and
RESOLUTION NO. 13-01 PAGE 1 OF 7
WHEREAS, pursuant to Section 66427.4 of the Park Laws, the Proposed Owner
has submitted to the City a Closure Impact Report ("CIR") dated December 19, 2012
prepared by its counsel, The Loftin Firm, which described the impact of the conversion
upon the displaced residents of the Park; and
WHEREAS, in determining the impact of the conversion on displaced
mobilehome park residents, Section 66427.4 requires that the CIR address the
availability of adequate replacement space in mobilehome parks; and
WHEREAS, pursuant to the Park Laws, the Proposed Owner has requested that
the City review and take action on the CIR and determine the sufficiency of the CIR
thereunder; and
WHEREAS, the Park consists of a total of 43 spaces, with 20 spaces designated
for the placement of mobilehomes and 23 spaces designated for the placement of travel
trailers or recreational vehicles ("RV), and of the 43 spaces: (a) one space is
designated for the on-site manager who owns their mobilehome; (b) 20 spaces are
occupied by homeowners who have a tenancy with the Current Owner and own their
mobilehomes (under MRL) or RVs owners with tenancy of nine or more months (under
RVQ (together, "Resident Owned Homes" for "Eligible Residents"), and; (c) nine spaces
are occupied by residents who do not have a tenancy under the MRL or the RVL
because they do not own the mobilehome or RV they occupy in the Park but instead
rent from the Current Owner as a regular tenant under landlord/tenant laws of the Civil
Code ("Park Owned Homes" for "Non -Eligible Residents"), (d) four vacant spaces with
vacant Park -owned RVs on the spaces but with no renters/occupants; and (e)
nine spaces are vacant with no mobilehome or RV and no tenant; and
WHEREAS, the CIR (i) explains the impact on the Park residents created by the
closure of the Park to both the residents within the Park and to the City of Costa Mesa,
(ii) explains to the residents the relocation mitigation measures ("Relocation Options")
available to Eligible Residents, (iii) identifies alternative sites to which Eligible Residents
might relocate their Resident Owned Homes should they choose to do so, (iv) details
the three Relocation Options of relocation benefits for the Eligible Residents, -and
(v) describes the stipend offered to Non -Eligible Residents, all in connection with
residents' move from the Park; and
WHEREAS, on November 2, 2012 and December 5, 2012, the City provided
written notice to the Current Owner and the Proposed Owner informing such owners at
least 30 days prior to the December 4, 2012 meeting and hearing and the January 8,
2012 meeting and continued hearing, respectively, on the CIR of (i) the provisions of the
Park Laws, (ii) that there is no City ordinance governing the closure of Mobilehome
Parks, (iii) that the Park Laws apply to the subject closure, (iv) that the owners have a
legal duty to notify the residents of the Park of the proposed change in use, and (v) that
the applicant shall verify to the City that the residents of the Park have been notified of
the proposed change in use pursuant to the Park Laws; and
WHEREAS, on November 6, 2012 the Proposed Owner provided to staff a proof
of service, signed by a representative of The Loftin Firm and dated October 31, 2012,
declaring under penalty of perjury that the notice was sent by certified mail USPS on
October 31, 2012 to the residents at the Park, (i) informing them of the Proposed
RESOLUTION NO. 13-01 PAGE 2 OF 7
Owner's appearance before the City Council regarding the CIR for the December 4,
2012 hearing, and (ii) enclosing a copy of the CIR (dated October 30, 2012), which
notice was provided within the statutory period of at least 15 days prior to this
City Council hearing; and
WHEREAS, on December 13, 2012 the Proposed Owner provided to staff proofs
of service, signed by a representative of The Loftin Firm and dated December 6 and
December 7, 2012, declaring under penalty of perjury that the notice was sent by mail
USPS on December 5 and December 6, 2012 to the residents at the Park, (i) informing
them of the Proposed Owner's appearance before the City Council regardin20g the CIR
for the continued January 8, 2012 hearing;
WHEREAS, on December 21, 2012 the Proposed Owner provided to staff a
proof of service, signed by a representative of The Loftin Firm and dated December 20,
2012, declaring under penalty of perjury that the updated CIR (December 19, 2012) was
sent by mail USPS on December 20, 2012 to the residents at the Park enclosing a copy
of the CIR (dated December 19, 2012), which updated CIR was provided within the
statutory period of at least 15 days prior to the continued hearing of the City Council;
and
WHEREAS, the City also issued a notice of hearing on the CIR (October 30,
2012) transmitted by mail USPS to the residents of the Park (and staff sent the notice
electronically by email to those residents for which staff has email addresses) about the
hearing on December 4, 2012, which notice was sent at least 30 days prior to such
hearing; and
WHEREAS, the City provided another notice of hearing on the updated CIR
(December 19, 2012) and continued hearing date of January 8, 2013 by mail USPS to
the residents of the Park about the continued hearing on the CIR; and
WHEREAS, the City Council opened the hearing on the CIR on December 4,
2012 and continue the hearing to January 8, 2013, and on January 8, 2013 the hearing
was completed on the CIR (December 19, 2012) both the initial hearing and continued
hearing having been duly noticed open, public meetings held on December 4, 2012 and
January 8, 2012, respectively, at or prior to which testimony and evidence, both written
and oral, in favor, neutral, and/or opposed, was received and/or presented by residents
and other interested persons about the CIR (the October 30, 2012 version at the
December 4 meeting and hearing and the December 19, 2012 updated version at the
January 8, 2013 continued hearing) and the closure of the Park pursuant to the Park
Laws, and the City Council has reviewed and considered such testimony that was timely
submitted prior to the close of such continued hearing; and
WHEREAS, the City Council's review and determination of the adequacy of the
Proposed Owner's CIR (December 19, 2012) is not a land use decision about the Site,
but an action that involves "little or no personal judgment by the public official[s] as to
the wisdom or manner of carrying out the project" (Mountain Lion Foundation v. Fish &
Game Com. (1997) 16 CalAth 105, 117.) and thereby is ministerial in nature; and
RESOLUTION NO. 13-01 PAGE 3 OF 7
WHEREAS, the Ellis Act (Government Code Section 7060, et seq.) permits an
owner/landlord that operates a mobilehome park to go out of business (Keh v. Walters
(1997) 55 Cal.AppAth 1522, 1533.); and
WHEREAS, as recited above, before the Current Owner, or the Proposed
Owner, of the Park ceases using the Site as a Mobilehome Park, it must comply with
the Park Laws referenced above; and
WHEREAS, as recited above, the City Council has not enacted a local ordinance
applicable to the closure of Mobilehome Parks and Civil Code Section 798.56,
subdivisions (g) and (h), permit a Mobilehome Park owner/landlord to terminate the
residents' tenancies so long as it gives them written notice and provides each one with a
copy of the CIR as required by Section 66427.4; and
WHEREAS, the Park Laws and legal precedent related thereto provide that the
steps required to be taken to mitigate the impact of the closure of a Mobilehome Park
shall not exceed the reasonable costs of relocation (Keh v. Walters, supra,
55 Cal.App.4th at p. 1534.); and
WHEREAS, the Proposed Owner has caused to be prepared and updated the
CIR and the City's action at the December 4, 2012 meeting and hearing and at the
January 8, 2014 meeting and continued hearing therefor has been limited to reviewing
the CIR (October 30, 2012 version at December 4 hearing and meeting and December
19, 2012 version at the January 8, 2013 continued hearing and meeting) and, and
before and by requiring implementation of the CIR (December 19, 2012), the City is
requiring the Proposed Owner to mitigate the adverse impacts on the Eligible Residents
by such owner agreeing to pay the Eligible Residents' reasonable costs of relocation
pursuant to the Park Laws, in particular, Section 66427.4, as detailed in the Relocation
Options and overall in the CIR (December 19, 2012); and
WHEREAS, the CIR (December 19, 2012) satisfies this state law requirement, by
offering the Eligible Residents three Relocation Options based on estimates of the
average expenses involved in moving the Resident Owned Homes of Eligible Residents
and providing other and additional compensation and assistance as set forth in the CIR
(December 19, 2012); and
WHEREAS, the City's action on the CIR (December 19, 2012) being ministerial
(not discretionary) such action is not a "project" under the California Environmental
Quality Act ("CEQA"), Public Resources Code, Section 21065(c); and
WHEREAS, while the closure of the Park itself will not cause either a direct
physical change or a reasonably foreseeable indirect physical change in the
environment or involve "the issuance to a person of a lease, permit, license, certificate,
or other entitlement for use by one or more public agencies" as set forth in CEQA
Section 21065(c), the City's subsequent review, consideration, and action or actions to
approve, or disapprove, the Proposed Owner's application under the Subdivision Map
Act and for a land use entitlement for the ultimate reuse and development of the Site is
and will remain subject to CEQA and must be consistent with the City's General Plan,
and such future review and action or actions by the City will be discretionary land use
decision(s); and
RESOLUTION NO. 13-01 PAGE 4 OF 7
WHEREAS, in summary therefor, the City Council's review of the CIR
(December 19, 2012) is not, and does not constitute a land use decision of the City, and
in such regard no finding or findings relating to the City's General Plan, the Housing
Element of the General Plan, and no CEQA determinations are required by law in
connection with the City Council's action on the CIR hereunder; and
WHEREAS, based on the foregoing recitals the City Council desires by this
Resolution to require the Proposed Owner to implement the CIR (December 19, 2012)
in all respects in the form submitted herewith as Exhibit A and as provided therein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COSTA MESA:
1. The foregoing Recitals are incorporated into this Resolution by this reference and
constitute a material part of and are findings under this Resolution.
2. Based on the aforementioned Recitals, the Closure Impact Report (December
19, 2012), the whole of the administrative record, and the evidence and testimony
received during the December 4, 2012 meeting and hearing and the January 8, 2013
meeting and continued hearing, the City Council finds that the Proposed Owner, as
applicant, (a) has met all the procedural requirements pursuant to the Park Laws, in
particular Section 66427.4, (b) the CIR (December 19, 2012) adequately identifies
alternative sites to which Eligible Residents might relocate their mobilehomes and/or
RVs, should they choose to do so, and (c) other alternative housing options available to
the Eligible Residents and the relocation assistance and benefits, i.e., the Relocation
Options, that the Proposed Owner is offering to mitigate the impact of the Park's closure
upon the Eligible Residents are consistent with the Park Laws. Further, the stipend
being made available to Non -Eligible Residents by the Proposed Owner as set forth in
the CIR (December 19, 2012) lessens the effect of the closure of the Park on their
landlord/tenant relationship, the prospective terminations of their tenancies, and their
move from the Park.
3. Closure of the Park will create an adverse impact to Eligible Residents, and
therefore, the City requires that the Proposed Owner implement all of the measures
contained within the Closure Impact Report (December 19, 2012), attached hereto as
Exhibit A and fully incorporated by this reference, to mitigate the impact of the closure of
the Park upon the Eligible Residents. Further, while not mandated by the Park Laws,
the Proposed Owner has agreed to, and thus the Proposed Owner shall, implement the
measures contained within the CIR (December 19, 2012) to pay the Non -Eligible
Residents the stipend as described in the. CIR (December 19, 2012) to lessen the effect
of the closure of the Park on such Non -Eligible Residents.
4. This Resolution shall take effect immediately upon its adoption by the City
Council, and the City Clerk shall certify the vote adopting the resolution.
RESOLUTION NO. 13-01 PAGE 5 OF 7
PASSED AND ADOPTED this 8'h day of January, 2013.
i�
Brenda Green, Int rim City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF COSTA MESA )
ss
PPROVED AS TO FORM:
P
fThomat/Du4de, City Attorney
I, BRENDA GREEN, Interim City Clerk of the City of Costa Mesa, DO HEREBY
CERTIFY that the above and foregoing is the original of Resolution No. 13-02 and was duly
passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held
on the 8th day of January, 2013, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: Genis, Leece, Mensinger, Monahan, Righeimer
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City
of Costa Mesa this 9`h day of January, 2013.
BRENDA GREEI'll, INTERIM CITY CLERK
RESOLUTION NO. 13-01 PAGE 6 OF 7
EXHIBIT A
to City Council Resolution
Closure Impact Report (December 19, 2012)
(attached)
RESOLUTION NO. 13-01 PAGE 7 OF 7