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HomeMy WebLinkAbout15 - Marina Park Mobilehome ParkCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 15 May 10, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: AD HOC MARINAPARK ADVISORY COMMITTEE Robin L. Clauson, 644- 3131, rclauson @city.newport- beach.ca.us SUBJECT: MARINAPARK MOBILEHOME PARK -CHANGE OF USE ISSUES ISSUE: Should the City Council direct staff to begin all legally required steps to change the use of Marinapark Mobilehome Park ( "Marinapark "), or should the City wait until a new use of the property is approved? RECOMMENDATION: Direct staff to begin legally required steps to change the use of the property to an interim open space condition, including the preparation and submittal of a relocation report to the Marinapark residents and the City Council for consideration at a public hearing. (Council Subcommittee Recommendation) DISCUSSION: The Ad Hoc Marinapark Advisory Committee (Committee) met on April 13, 2005 to discuss the legal requirements to close the mobilehome park. The Committee discussed legal and practical issues regarding whether the City should begin the legally required steps to close Marinapark now even though the City Council /Citizens Ad Hoc Committee for Marina Park Planning ('Planning Committee ") has not yet completed its study of alternative uses for the property. In the alternative, the Committee discussed allowing the mobilehomes to remain until a new use of the property was identified. If the Council decides to begin the process now, staff estimates it will take a minimum of 18 months to complete. The steps required for changing the use of a mobilehome park are provided for by State law known as the Mobilehome Residency Law ( "MRL "). Under the provisions of the MRL, the City will be required to prepare a report on the impact the closure of the park will have upon the residents. In determining the impact of the closure, the report is required to address the availability of adequate replacement Marinapark Mobilehome Park — Change of Use Issues May 10, 2005 Page 2 housing in mobilehome parks and relocation costs. The report must be provided to the tenants 15 days prior to a public hearing held by the Council on the content of the report and recommended relocation costs. The tenants are also entitled to twelve (12) months prior written notice of intent to change the use of the park. At the end of the twelve (12) months the tenants will be entitled to a sixty (60) day notice to vacate. BACKGROUND: At the last meeting of the Planning Committee, Mayor Bromberg provided the Committee members and staff with copies of prior studies for alternate uses of the Marinapark property. It may be helpful for the City Council and the public in analyzing the decision of whether to begin the closure process now to understand the chronology of the mobilehome leases and studies for alternate uses of property in the past. To that end, I have attached a simple chronology which may provide helpful information. Environmental Review: Staff will review for appropriate compliance before notice required by the MRL is given. Public Notice: No notice required, however, the City Attorney notified the Tenant's legal counsel by telephone on April 28, 2005 Funding Availability: n/a Suitte by: bm Robin L. Clauson, City Attorney Attachment: Chronology List Marinapark Mobilehome Park — Change of Use Issues May 10, 2005 Page 3 MARINAPARK PLANNING STUDY • 1971/72 Marinapark Planning Study • 1973 Lease- 4 year term thru 1977 • 1976 Lease- 9 year, 8 month term thru September 1985 with option to extend 5 years • 1983 Marinapark Planning Study • 1985 Lease - 15 year term thru 2000 • 2000 extension of 1985 Lease thru 2002 • 2003 Rental Agreement -12 months or month to month option. F: users /cat/cp /shared /CCStaffReports /ADHOC Update.doc