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HomeMy WebLinkAboutAGENDA REPORT 1987 1007 CC REG ITEM 09CCLINT HARPER, Ph.D. Mayor ELOISE BROWN Mayor Pro Tem THOMAS C. FERGUSON Councilmember JOHN GALLOWAY Councilmember JOHN PATRICK LANE Councilmember MAUREEN W. WALL City Clerk MOORPARK MEMORANDUM ITEM ?, d, STEVEN KUENY City Manager CHERYLSKANE City Attorney PATRICK RICHARDS, A.I.C.P, Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police THOMAS R GENOVESE City Treasurer TO: The Honorable City Council FROM: Patrick J. Richards, Director of Community Development DATE: October 1, 1987 (CC meeting of 10/7/87) SUBJECT: IMPACT REPORT - ANGELES TRAILER PARK Background On July 15, 1987 the City Council was approached by Topa Management, the developer for the conversion of a trailer park to a commercial shopping center, with a request to have the Planning Commission reviews design issues only. The Council agreed with the request and also identified their desire to have a review of the impact report (relocation) prior to any consideration of the proposed project. On August 17, 1987 the proposed commercial project appeared before the Planning Commission for consideration of a request to change the zone from TPD (Trailer Park Development) to C-2 (General Commercial). The Planning Commission, after hearing the matter, recommended a change of zone classification to CPD (Commercial Planned Development) and to restrict the uses to commercial office nature with retail only supporting office uses. Also, the Commission is recommending denial of the requested Planned Development. State Law Government Code Section 65863.7 "Conversion" of Mobile Home Park to other uses; state that when the impact report is filed prior to the closure of use, the person or entity filing the report or park resident may request, and shall have a right to, a public hearing before the City Council. Also, the City Council shall review the impact report, prior to any change of use, and may require, as a condition of the change, the developer to take steps to mitigate any adverse impact of the conversion on the ability of displaced park residents to find adequate housing in a mobile home park. 799 Moorpark Avenue Moorpark, Califomia 93021 (805) 529-6864 PD1064/E/PCAGENDA I The Honorable City Council October 1, 1987 Page 2 The State law does state that the steps required by the City to mitigate shall not exceed the "reasonable" costs of relocation. State law requires the impact report be given to the park residents at least 15 days prior to any hearing. Discussion At the Council's meeting of October 7, 1987 Topa Management will provide an updated status report on their latest efforts to find suitable relocation arrangements. Attached to the memorandum is the proposed Conversion Impact Report which was provided to each of the existing space tenants within the park. A listing of the tenants is also provided. A notice of the October 7, 1987 meeting was mailed by this office to each tenant. To date only one letter (see attached) has been received. No phone calls were logged from the tenants with questions. Recommendation 1. Review the proposed Conversion Impact Report and receive testimony regarding the adequacy of the impact report. 2. Determine the adequacy of the impact report and either allow the applicant to proceed with entitlement request or require revisions to the impact report. Attachment: 1. Angeles Trailer Lodge Conversion Impact Report 2. Barbara Robinson letter dated 9/23/87 3. Area Housing Authority of the County of Venturaletter dated 8/21/87 4. State Department of Housing and Community Development document pertaining to "Ordinances and Laws Regulating Change of Use of Mobile Home Parks dated May 1987 PD1064/E/PCAGENDA 70PO ANGELES TRAILOR LODGE CONVERSION IMPACT REPORT Plans to convert the Angeles Trailor Lodge to a commercial shopping center are currently under review by the City of M000rpark. The impact of this conversion will be the displacement of twenty-six families. The purpose of this report is to outline the impact of the proposed change of use upon the mobilehome owners within the mobilehome park. Information regarding the park, the mobilehome owners and the mobilehomes was obtained from several sources including mail surveys, telelphone conversations with the residents, and title searches. Outlined below are the results of our study and Topa's plan for assistance to the mobilehome park residents. Demographics The Angeles Trailor Lodge was built approximately thirty years ago at a time when the surrounding area was primarily rural with minimal commercial development. The park has provisions for thirty-one single loaded coaches. No amenities to the park are provided as typical with more modern parks found statewide. There are no recreational facilities and minimal landscaping exists. The park is surrounded by a chain link fence. Its northern and eastern boundries are Spring Road and Los Andes Ave. It is bounded on the south by a construction office and storage facility, and on the east by an undeveloped parcel containing a single family house and commercial business. The condition of the park can be descibed as poor. There are a total of twenty-nine cc -aches in the park, three of which are currently vacant. The family composition of the occupied coaches are as follows: Elderly (single/couple over 62): 6 2359 # Singles ( single under 62) : 6 23% Families (single/couple w/ children) 14 54% TOTALS: 26 100 % The length of time each resident has lived in the park is as follows: 0 - 5 years: 12 46% 5 -10 years: 7 27 % 10 + years: 7 TOTALS: 26 100 % Twenty-four of the mobile homes are owner occupied, two are rented. The rented coaches are owned by Mr. Nicola, the previous owner of the park. Most of the residents surveyed qualify as low income for their family size. Thirteen of the coaches have existing liens on them. CITY Cr Mv RP l� The age of the coaches range from 1956 to 1983 with a breakdown as f 0 1950-1960: 5 17% 0 1960-1970: 16 55% 0 1970-1980: 7 24% n 1980+: 1 4% TOTALS: 29 100% Replacement Housing in Mobilehome Parks Topa has investigated the availability of adequate replacement housing in mobilehome parks within Ventura County. No available space was bated. Addtitional contributing factors to the difficulty in locating space are that most parks want only newer cocahes and will not accept coaches that are older than the late 1970's, and some parks will not accept families with children. Relocation Costs Per state law requirements, Topa has investigated the cost of relocation of the coaches to another park. The cost of disassembly and reassembly of the coaches as well as the transportation costs to move the coaches to another location for a typical coach in the park would be $1000. Relocation Compensation Topa will provide the following services and compensation to the mobilehome parks residents. We believe that that this proposal far exceeds all obligations of state law. Relocation of Existing Coaches Topa will pay for the cost of relocation of a coach to any mobilehome park within a 100 mile radius of Moorpark. Topa will provide to interested residents a list of all existing mobile home parks in Ventura County and will assist in the location of available space in parks outside of Ventura County should a resident express an interest to move elsewhere. If park space can not be located Topa will purchase the existing coaches. The purchase price of coaches will vary. The following factors will be taken into consideration in determining the purchase price: 1. Age of coach 2. Manufacturer and model of coach 3. Condition of coach 4. Existing liens 5. Owner's cash equity in coach Of the twenty-six residents in the park, thirteen currently have liens on them. Topa has made settlements with the lenders on ten of these loans. Topa already made settlements with sixteen coach owners. We are currently in escrow with nine of these owners, and anticipate opening several others shortly. We are projecting eight move -outs by the end of September. Alternate Housin Topa has been and will continue to provide assistance to residents in locating relocation housing. This assistance has varied depending on the individual needs of each family. Topa will assist in the location of conventional and subsidized rental housing within Moorpark and the surrounding areas. Topa has obtained from the Ventura Housing Authority priority status on the waiting list for qualified seniors to be placed in Tayofa Terrace in Moorpark. in addition priority status was granted by the Housing Authority for qualified seniors to receive Section 8 certificates and vouchers. Certificates and vouchers are issued by the Housing Authority and provide federal subsidy to assist in rental payments in conventional housing. Topa has idenified rental housing develoments with affordable units in the Moorpark and Simi Valley areas and will assist in locating housing for eligible displaced families. in cases where families need rental deposits to hold apartments prior to the close of escrow on their coach, Topa has advanced the funds. Topa will assist in placing qualified persons or families in Section 8 low income housing developments owned and/or managed by Topa. Persons living in these projects pay rent equivalent to'30% of their adjusted income, and the federal government pays the balance of the rent. One Topa senior building is located in Thousand Oaks. Topa will pay families relocation expenses not to exceed $1000 per family. MOORPARK CLINT HARPER, Ph.D. Mayor ELOISE BROWN Mayor Pro Tern THOMAS C. FERGUSON Councilmember JOHN GALLOWAY Councilmember JOHN PATRICK LANE Councilmember MAUREEN W. WALL City Clerk SUBJECT STEVEN KUENY City Manager CHERYL J. KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police THOMAS P.GENOVESE City Treasurer IMPACT REPORT - PROPOSED CLOSURE OF ANGELES TRAILER PARK Dear Resident/Mobilehome Owner: Please be advised that Topa Management Partnership will appear before the Moorpark City Council on October 7, 1987 at 7:00_p.m. in the Council Chambers of the Moorpark City Hall, 799 Moorpark Avenue to discuss the proposed Impact Report. The Impact Report is to describe the impact of the proposed conversion upon the residents of the park, available replacement housing and relocation costs. All residents are to receive a copy of the Impact Report from Topa Management Partnership at least fifteen (15) days prior to October 7, 1987. You are encouraged to attend and be heard regarding this matter. Should you have any questions please feel free to call the Community Development Department at (805) 529-6864 Thank you, Patrick J. Richards Director of Community Development CITY OF MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864 PD1064/A/PCAGENDA 384 E. Los Angeles Avenue ANGELES TRAILOR LODGE TENANT LISTING Space 1: Savatore Adragna Space 24: Randy Browne Space IA: James Young ( renter) Space 25: Mr. & Mrs Harry Compton Space 2: Terry McConaghy Space 26: Mr. & Mrs. John Paredes Space 3: Louise Windle Space 27: Barbara Robinson Space 4: Vacant Space 4A: Lois Wigley Space 5: Mr. & Mrs. Henry Horton Space 6: Renter Space 7: Georgia Moss Space 8: Sylvia Jacoby Space 9: Pauline McCoy Space 10: Judy Fink Space 10A: May Kline Space 1 1: Mr. & Mrs. Frank Ramirez Space 12: Mr. & Mrs. John Salinas Space 13: Mr. & Mrs. Ernest Davidson Space 14: Vacant Space 15: Mr. & Mrs. William Schaaff Space 16: Felix Uribe Perez Space 17: Mr. & Mrs. Michael Woodworth Space 18: Moody Knotts Space 19: James Lecka Space 20: Mr. & Mrs. Everett Trindell Space 21: Eileen Hatcher ( renter) Space 22: Jeff Michaels Space 23: Rita McDonald BARBARA ROBINSON, #27 446 E. LOS ANGELES AVE. MOORPARK, CA 93021 y RECEIVED sEP 2 8 1987 i ---- - - - - - - _ - - CITY-OF_-MOORPARK PD` Zbf ,)A� deom� o�k� ol Me ol Q C-illo F dlmort Abw par t 99 Glenn Drive` Camarillo, California 93010 Tfo—d: at. and 1M U..�n por Glad A­ (805) 482-2791 (805) 529-2126 (805) 644-8459 of Van,,,ra C.,.n,Y August 21, 1987 Susan Weintraub Development Manager Topa Management Co. Suite 1400 1800 Avenue of the Stars Los Angeles, CA 90067-4216 r,_,- kA The Area Housing Authority of the County of Ventura have been following your efforts with the=:Angeles Trailer Lodge as they are published in The Moorpark News and the News Chronicie (Thousand Oaks). I have also spoken with Pat Richards, Director of Community Development on the process at the city level of implementing the change of site use from Trailer Planned Development (TPD) to Commercial Planned Development (CPD). In my. fett.er to you dated August 3, 1987 1 stated .the Area Housing Authority will give priority to qualified applicants as "displaced by public action." That remains unchanged. However, I am writing to clarify that giving such priority becomes effective upon approval by the City of Moorpark of Topa Management Company's entitlement request. This clarification is necessary to recognize the timing of events in the process of implementing the change of site use. I apologize for not including the effective date for the giving of priority in my first letter and I do apologize for any misunderstandings or inconvenience this omission may have caused. If you have any questions, please don't hesitate to call me at one of the letterhead telephone numbers. Sincerely, 00A,b�p,) A - & Carolyn G. Briggs Executive Director CGB/is cc: Lisa A. Baker, Housing Assistance Supervisor Rochelle S. Stephens, AHA Housing Services Supervisor Patrick Richards, Director of Community Development, City of MoorparkL--' AUG �. i) ! :8/ CITY Of IMOORPA K George Deukmejian, Governor John Geoghegan, Secretary of Business, Transportation, and Housing state Deparlment of Housing W and ommunity Dev .lopment Division of Housing y Policy Development Technical Assistance Program 921 10th Street Sacramento, CA 95814 (916) 445-4728 May 1987 ORDINANCES AND LAWS REGULATING CHANGE OF USE OF M0QILEHQME PARKS This paper is about the conversion or chanoe of use (the terms are synonymous as used here) of rental mobilehome parks to various forms of separate ownership of individual park spaces (subdivision, condominium, cooperative, planned unit development, etc.), or to another land use entirely, such as conventional housing, commercial, or industrial use. Mobilehome parks offer affordable ownership housing to over half a million Californians. More than half the residents of California's parks are over age 62, and many of them are on fixed, limited incomes. Mobilehome parks are a relatively low - intensity land use, and in growing urban areas older parks come under economic pressure to redevelop to more profitable uses. In these same urban areas, vacant park spaces are usually rare. Park residents evicted because of change of use of the park too often cannot find spaces in other parks to move their homes to, or cannot afford the move if a space is available. This paper summarizes State and local government laws and ordinances to mitigate the impact of park conversion on residents. Emphasis is on the features of representative local ordinances. A special case of conversion is the purchase of a park by its residents, and subsequent conversion of the park to a subdivision, condominium, or cooperative park. This type of conversion is generally covered by the State laws discussed here. Of the local ordinances mentioned in this paper, those of Orange, San Diego, Santa Barbara and Santa Cruz counties also cover conversion to resident ownership. This is one of many issue papers available from HCD's Technical Assistance Program. The Program also offers census, demographic, and other data; sample ordinances; and a variety of other services. For further information on the Program, call (916) 445- I l► I_ 91987 ORDINANCES REGULATING CHANGE OF USE OF MOBILEHOME PARKS Introduction The ordinances summarized below were obtained from a 1985 survey of local government mobilehome and mobilehome park policies. While this list is not exhaustive, it does indicate the variety of ordinances regulating the conversion of mobilehome parks to other uses. Ordinances that essentially repeat State law have not been included. This report only summarizes major provisions. For exact provisions of an ordinance the jurisdiction should be contacted. State Law State law (Government Code Sections 65863.7 and 66427.4, attached) regulates conversions of mobilehome parks to other uses. In general, the law requires that the person or entity proposing the change in use of a mobilehome park file a report on the impact of the proposed change. This report must address the availability of adequate replacement housing in mobiiehome parks and the costs involved in relocating mobilehomes to another park. A copy of the report must be provided to the resident of each mobilehome in the park 15 days prior to a hearing, it any, on the impact report by the advisory agency, or if there is no advisory agency, by the legislative body. The advisory agency or legislative body may require, as a condition of the change, that the person or entity take steps to mitigate any adverse impact of the conversion, closure, or cessation of use on the ability of displaced mobilehome park residents to find adequate housing in another mobilehome park. State law also covers the special case of resident -initiated purchases of rental parks and subsequent conversion from rental to another use. Conversion to a conventional subdivision, a condominium, or a planned development is a subdivision as regulated by Government Code Section 66427.4. Conversion to a limited -equity cooperative normally does not involve subdivision, but is a form of resident ownership, and therefore is "another use" as covered by Section 65863.7. Some localities have invoked these laws to protect park residents who choose not to participate in a park purchase by a resident group. A few local ordinances prohibit displacement of park residents as a result of a resident -initiated conversion. One type of resident -initiated conversion that is P_4.t covered by these laws is park ownership by a resident -controlled nonprofit corporation. Such a corporation rents park spaces back to residents, and therefore remains a rental park subject to the Mobilehome Residency Law, which also regulates displacement and eviction of residents. Some cases of de facto displacement of non -participating residents through large rent increases have been reported, however, and localities may choose to address this circumstance in their ordinances. The following example ordinances specify mitigation measures required in cases of park conversion, and have been adopted by localities pursuant to the discretionary authority granted by the Government Code. Anaheim The City of Anaheim ordinance regulating change of use of mobilehome parks specifies that relocation benefits include cost of disassembly of mobilehomes, transportation of mobilehomes, and cost of any improvements required to meet an average comparable mobilehome park's requirements for admission. Huntington Beach In the City of Huntington Beach, all eligible mobilehome owners are entitled to receive the cost of relocation. These costs are limited to disconnection and breakdown of the mobilehome; transportation of the mobilehome, all readily movable appurtenances, and contents to another mobilehome park; and the cost of all hookups at the new site. If the mobilehome owner cannot be relocated to another park, the applicant must purchase the mobilehome and any optional equipment. The applicant must pay a cost of housing differential of 50 percent of the increase in the cost of housing for the first year, not to exceed $750 for each mobilehome owner. In addition, mobilehome owners will not be forced to relocate prior to the end of their leases. Los Angeles City The Los Angeles City Mobilehome Park conversion ordinance requires that management of the park being converted provide the following relocation assistance: the • A reasonably complete and current list of vacant and avaiiable mobiiehome park spaces within a 20-mile radius. • Transportation assistance in locating replacement spaces or homes. • A relocation iee ($1,000 to $2,500) to assist the recipient in meeting costs of relocation, higher rents for replacement mobilehome park spaces, or the added cost of a replacement mobilehome. Orange County In Orange County, the property owner must provide residents with a preemptive right to purchase a unit or a right of exclusive occupancy upon more favorable terms and conditions than those on which such unit or share will initially be offered to the general public. This right will be irrevocable for a period of 90 days after the commencement of sales. Pismo Beach In cases or subdivision in Pismo Beach, residents of the mobilehome park will be given the right of first refusal to purchase the lot upon which their mobilehome is situated. If a tenant decides to move, the owner must pay a minimum Jump sum payment of $1,000, plus the actual cost of relocating the tenant's mobilehome and appurtenant structures. San Diego County San Diego County requires the owner of a mobilehome park proposed for subdivision to furnish evidence to the Planning Director that mutually acceptable agreements regarding vacating the park have been reached on the part of the park owner and all tenants. Such evidence must include the following: • Written agreements to relocate mobilehomes. Assistance for low and moderate income tenants in the form of payment by the • park owner of 80%, up to a maximum of $2,000, of the cost of relocating the mobilehome to another mobilehome park within 100 miles. San Marcos In the approval of a mobilehome park conversion, the City of San Marcos may attach conditions on the person or entity proposing the conversion to mitigate the impacts associated with the conversion. Such conditions may include: State Law Regarding Conversion of Mobilehome Parks To Other Uses Proposed mobilehome 65863.7 (a) Prior to the conversion of a mobilehome park conversions park to another use, except pursuant to the Subdivision Map Act (Division 2 (commencing with Section 66410) of Title 7), or prior to closure of a mobilehome park or cessation of use of the land as a mobilehome park, the person or entity proposing the change in use shall file a report on the impact of the conversion, closure, or cessation of use upon the displaced residents of the mobilehome park to be converted or closed_ In determining the impact of the conversion, closure, or cessastion of use on displaced mobilehome park residents, the report shall address the availability of adequate replacement housing in mobilehome parks and relocation costs. (b) The person proposing the change in use shall provide a copy of the report to a resident of each mobilehome in the mobilehome park at least 15 days prior to the hearing, if any, on the impact report by the advisory agency, or if there is no advisory agency, by the legislative body. (c) When the impact report is filed prior to the closure or cessation of use, the person or entity proposing the Change shall provide a copy of the report to a resident of each mobilehome in the mobilehome park at the same time as the notice of the change is provided to the residents pursuant to paragraph (2) of subdivision (f) of Section 798.56 of the Civil Code. (d) When the impact report is filed prior to the closure or cessation of use, the person or entity filing the report or park resident may request, and shall have a right to, a hearing before the legislative body on the sufficiency of the report (e) The legislative body, or its delegated advisory agency, shall review the report, prior to any change of use, and may require, as a condition of the change, the person or entity to take steps to mitigate any adverse impact of the conversion, closure, or cessation of use on the ability of displaced mobilehome park residents to find adequate housing in a mobilehome park. The steps required to be taken to mitigate shall not exceed the reasonable costs of relocation. (f) If the closure or cessation of use of a mobilehome park results from an adjudication of bankruptcy, the provisions of this section shall not be applicable. (g) The legislative body may. establish reasonable fees pursuant to Chapter 13 (commencing with Section 54990) of Part 1 of Division 2 of Title 5 to cover any costs incurred by the local agency . implementing this section. Those fees shall be paid by the person or entity proposing the change in use. (h) This section is applicable to charter cities. (Added by Stats. 1980, Ch. 879; Amended by Stats. 1985, Ch. 1260; Amended by Stats. 1986, Ch. 190. Urgency; effective June 24, 1986.) This section establishes a minimum standard for local regulation of conversions of mobilehome parks into other uses and shall not prevent a local agency from enacting more Repealer stringent measures. This section shall remain in effect only until January 1, 1989, and as of such date is repealed, unless a later enacted statute, which is chaptered before January 1, 1989, deletes or extends such date. Amended by Stats. 1982, Ch. 983.) Note: Stats. 1982, Ch. 983 also reads: Report: SEC 2. 66427.4. [Text of section operative January 1, Impact of mobilehome park conversion 1989.] At the time of filing a tentative or parcel map for a (operative 1/1/89) subdivision to be created from the conversion of a mobilehome park to another use, the subdivider shall also file a report on the impact of the conversion upon the displaced residents of the mobilehome park to be converted. In determining the impact of the conversion on displaced mobilehome park residents, the report shall address the availability of adequate replacement space in mobilehome parks - The subdivider shall make a copy of ther report available to each resident of the mobilehome park at least 15 days prior to the hearing on the map by the advisory agency or, if there is no advisory agency, by the legislative body. The legislative body, or an advisory agency which is authorized by local ordinance to approve, conditionally approve, or disapprove the map, may require the subdivider to take steps to mitigate any adverse impact of the conversion on the ability of displacaed mobilehome park residents to find adequate space in a mobilehome park - This section establishes a minimum standard for local regulation of conversions of mobilehome parks into other uses and shall not prevent a local agency from enacting more stringent measures. 'Ms section shall become operative January 1, 1989. (Added by Stats. 1982, Ch. 983. Operative January 1, 1989.) t JCr c- / j,jw, CITY OF MOORPARK 0--Ply /0 '--krm-o Q"f rts�k- J !1