HomeMy WebLinkAbout23 - Marina Park Mobilehome Park - Change of Use IssuesE'id�o�lL1LAG,UJIDA
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• CITY 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
Submitte -by:
Robin L. Clauson, City Attorney
Attachment: Chronology List
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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: us ers/ca t1cp/sh a red/C C StaffRe ports/AD HOC Update.doc