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HomeMy WebLinkAbout2006-23 - Marina Park Mobile Home ParkRESOLUTION NO. 2006 -23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING THE MITIGATED NEGATIVE DECLARATION; THE SUFFICIENCY OF THE RELOCATION IMPACT REPORT; THE MITIGATION MEASURES PROPOSED IN THE RELOCATION IMPACT REPORT; THE CONVERSION OF DWELLING UNITS OCCUPIED BY PERSONS AND FAMILIES OF LOW AND MODERATE INCOME TO A NON - RESIDENTIAL USE WITHOUT REQUIRING THOSE DWELLING UNITS BE REPLACED; AND THE CHANGE OF USE OF MARINA PARK FROM A RENTAL USE TO AN INTERIM OPEN SPACE CONDITION WHEREAS, the City of Newport Beach ( "City ") is the owner of the Marina Park Mobile Home Park located on a 4.34 acre site located at 1770 West Balboa Boulevard on the Balboa Peninsula between 15th and 18th Streets ( "Park" or "Marina Park "); and WHEREAS, in a series of leases dating back to 1973, the City has consistently informed the homeowners at Marina Park that the Park would be closed and put to another use; and WHEREAS, on June 14, 2005, the City Council directed City staff to begin legally required steps to change the use of the Marina Park property from a rental use to an interim open space condition, including the preparation and submittal of the legally required report and submittal of the report to the Marina Park residents and the City Council for consideration at a public hearing; and WHEREAS, in accordance with the California Environmental Quality Act ( "CEQA ") requirements, an Initial Study was prepared and a Notice of Intent to Adopt a Mitigated Negative Declaration was posted at the County Clerk Recorder's office on February 10, 2006, distributed to all responsible and trustee agencies and other interested parties for a 21 -day public review period commencing on February 10, 2006 and ending on March 3, 2006; and WHEREAS, a Notice of Intent to Adopt a Mitigated Negative Declaration was also mailed to property owners and residents within three hundred (300) feet of the subject property excluding adjacent public rights of way and Newport Harbor; and WHEREAS, the Initial Study identifies three (3) issue areas, which are Biological Resources, Geology and Soils, and Hydrology and Water Quality, and two (2) mitigation measures which are incorporated as conditions of approval and are prerequisite to the issuance of any ministerial permits to relocate or demolish any of the existing mobile homes; and WHEREAS, with the implementation of the mitigation measures, the project's potential environmental impacts will be reduced to less than significant levels; and WHEREAS, the City Council has reviewed the Initial Study and Mitigated Negative Declaration prepared by Vista Community Planners for the proposed change of use; and WHEREAS, California law requires the City to file a report on the impact of the conversion, closure, or cessation of use upon the displaced residents of the mobile home park to be converted or closed; and WHEREAS, in determining the impact of the change of use on displaced mobile home park residents, the report must address the availability of adequate replacement housing in mobile home parks and relocation costs; and WHEREAS, the City retained Overland Pacific and Cutler ( "Overland ") to prepare the legally required report; and WHEREAS, Overland has prepared the legally required report ( "Relocation Impact Report") in conformance with California law; and WHEREAS, the a copy of the Relocation Impact Report has been filed with the City; and WHEREAS, after filing of the Relocation Impact Report, the Planning Department provided the City with notice in accordance with Government Code Section 65863.8; and WHEREAS, the City has scheduled a hearing before the City Council on the Relocation Impact Report and a copy of the Relocation Impact Report has been served on the residents of each mobile home in Marina Park in accordance with California law and proofs of service are on file with the City; and WHEREAS, prior to changing the use of Marina Park from a mobile home park to an interim open space condition, the City Council is required to review the Relocation Impact Report at a public hearing and determine whether the Relocation Impact Report is sufficient; and WHEREAS, at the election of the City Council, the City Council may require, as a condition of the change of use, that the City take steps to mitigate any adverse impact of the cessation of use on the ability of displaced mobile home park residents to find adequate housing in a mobile home park, provided that the mitigation measures imposed do not exceed the reasonable cost of relocation; and WHEREAS, the City Council has reviewed the leases from 1973 to the present which contain provisions providing for the waiver of relocation benefits and /or the payment of below market rents; and 2 WHEREAS, the City Council has reviewed the report prepared by Keyser Marston Associates, Inc. ( "KMA "), which provides that the benefit Lessees have received from paying below market rents from 1985 to the present well exceeds any potential relocation benefit; and WHEREAS, the Mello Act (Government Code Section 65590) provides that the conversion or demolition of existing residential dwelling units in the Coastal Zone occupied by persons and families of low or moderate income, shall not be authorized unless provision has been made for the replacement of those dwelling units with units for persons and families of low or moderate income; and WHEREAS, to determine whether mobile homes at the Park are occupied by persons and families of low or moderate income, the City retained Overland to conduct a survey of the Park residents; and WHEREAS, based on Overland's survey of the Park residents, Overland determined that thirteen (13) of the Park's residents qualify as persons or families of low or moderate income; and WHEREAS, the Mello Act specifically provides that the City is not obligated to provide replacement dwelling units, unless the City Council determines that replacement of all or any portion of the converted or demolished dwelling units is feasible, if the conversion or demolition of a residential structure is (1) for the purpose of nonresidential use which is either coastal dependent and /or coastal related (provided that the coastal - dependent and /or coastal - related use is consistent with the provisions of the land use plan portion of the local government's local coastal program), and /or (2) located within the jurisdiction of a local government which has within the area encompassing the Coastal Zone, and three (3) miles inland therefrom, less than fifty (50) acres, in aggregate, of land which is vacant, privately owned and available for residential use; and WHEREAS, the Mello Act provides that the conversion or demolition of any residential structure for purposes of a nonresidential use which is not coastal dependent shall not be authorized unless the local government has first determined that a residential use is no longer feasible in that location; and WHEREAS, the word "feasible," as used in the Mello Act, means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technical factors; and WHEREAS, the following documents, without limitation, are deemed incorporated into the Administrative Record relating hereto: (1) Relocation Impact Report prepared by Overland; (2) Appraisal of Marina Park prepared by John P. Neet, MAI, dated November 9, 2003; 3 (3) Benefit Analysis Report prepared by KMA dated July 29, 2005; (4) Marina Park Income Report prepared by Overland; (5) Initial Study and Mitigated Negative Declaration and Initial Study prepared by Vista Community Planners dated February 2006; (6) Correspondence of Dave Kiff to Marina Park residents dated February 10, 2006; (7) Notice of Hearing on Intended Change of Use of Marina Park and Relocation Impact Report dated February 10, 2006 and accompanying proofs of service; (8) Notice of Intent to adopt a Mitigated Negative Declaration prepared by James Campbell dated February 10, 2006 and proof of filing; (9) Notice of Hearing on Mitigated Negative Declaration prepared by James Campbell dated February 10, 2006 and accompanying proofs of service; (10) All leases between the City and Lessees from 1973 to the present; (11) Notice of public hearing, Marina Park Mobile Home Park; and WHEREAS, all of the information provided to the City and retained in the files of the City and /or its consultants, is hereby incorporated by reference into the Administrative Record and is available upon request; and WHEREAS, notice of time, place and purpose of the public hearing was given in accordance with California law and testimony was presented to and considered by the City Council at the hearing. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: SECTION 1: The City Council has considered the Initial Study and Mitigated Negative Declaration and any public comments received. Based upon the Initial Study and the public comments received, there is not substantial evidence that the Project will have a significant effect on the environment. The Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council. The City Council therefore approves and adopts the Mitigated Negative Declaration. The Custodian of the documents and other materials that form the records of proceedings is the City Planning Department, and those documents and materials that for the record of proceedings are located at the City Planning Department. SECTION 2: Notice of this hearing and a copy of the Relocation Impact Report were served in conformance with California law. 51 SECTION 3: The City Council has reviewed the Relocation Impact Report prepared by Overland and filed with the City, and finds that it is sufficient and complies with all legal requirements, and approves the same. SECTION 4: The City Council finds that the relocation benefits described in the Relocation Impact Report mitigate the adverse impact of the conversion, closure, or cessation of use on the ability of displaced mobile home park residents to find adequate housing in a mobile home park and do not exceed the reasonable costs of relocation, which means the physical and related costs to move the mobile home. SECTION 5: The City shall provide the relocation benefit options to homeowners, as set forth in the Relocation Impact Report and this section, as a condition of changing the use from a mobile home park to an interim open space condition. In addition to the three relocation assistance options set forth in the section entitled Relocation Mitigation Measures of the Relocation Impact Report, the City shall also offer the following option: Additional Option: Sell the home to the City, receive free rent for six (6) months and move out at the end of the free rent period. Under this option, the City will agree to: (1) Purchase the mobile home from homeowner for seventy percent (70 %) of the amount set forth in section entitled Relocation Mitigation Measures, Option (b) (1), of the Relocation Impact Report (i.e. (i) $14,000 for a single wide mobile home; (ii) $15,050 for a double wide mobile home; and (iii) $16,100 for a triple wide mobile home, plus an additional benefit of not more than $700 for senior /disabled households as defined in the Relocation Impact Report), as well as any legally constructed additions and improvements, up to a maximum of $2,100. The homeowner would then be able to reside in the home rent -free for a period of six months after the purchase by the City. The former homeowner would enter into a rental agreement with the City for the rent -back of the home for the period of six months, and assume the role of a "Renter" in the Park. If the former homeowner, now a Renter, moves out of the home within the six -month period, the rent will be forgiven. Should the former homeowner not move out within the six month period, the accrued rent will be due and payable, and the former homeowner will owe rent for each month that they remain in possession after the expiration of the six months. (2) Payment of seventy percent (70 %) of the cost of new utility connections, when replacing the homeowner's current service 5 (excluding any possible utility deposits charged by the new providers or additional services). (3) Reimbursement of previously paid security deposit. (4) Payment of moving costs associated with moving all personal property, allowance of $1,500. (5) Provision of a relocation consultant's services. (6) This option will be made available to homeowners for a period of six months from the date of the closure notice of the Park. If this option is not selected within six months, it will no longer be available. SECTION 6: That the City Council finds and resolves that it would not have required as a condition of the change of use of Marina Park from a mobile home park to an interim open space condition any other mitigation measures other than those set forth in the Relocation Impact Report and herein. SECTION 7: That the lease provisions waiving relocation benefits and /or the payment of below market rents and the financial benefit resulting to the lessees from the long term provision of below market rents as discussed in the report prepared by KMA, are to be used to bar /offset any claims for relocation benefits in excess of those proposed in the Relocation Impact Report and herein. SECTION 8: A residential use of the property on which Marina Park is located is no longer feasible. SECTION 9: The conversion and /or demolition of residential structures occupied by persons or families of low or moderate income for the purpose of changing the use of the Marina Park property to an interim bay front open space use, is a nonresidential use that is coastal dependent and costal related and a use that is consistent with the City's Coastal Land Use Plan portion of its local coastal program and the Recreation and Environmental Open Space designation of the Land Use Element of the General Plan. SECTION 10: The City of Newport Beach has within the area encompassing the coastal zone, and three (3) miles inland therefrom, less than fifty (50) acres, in aggregate, of land which is vacant, privately owned and available for residential use. SECTION 11: The City Council finds that the replacement of all or any portion of the dwelling units occupied by low or moderate income persons or families which will be removed from Marina Park, is not feasible because the replacement of the dwelling units occupied by persons of low and /or moderate income cannot be accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technical factors including, but not limited to, land acquisition i costs in the area and the fact that the proposed use of the Marina Park property as an interim open space use will not generate any revenue or profit. SECTION 12: The City Council hereby approves the change of use of Marina Park from a mobile home park to an interim open space condition and the City Manager is directed to take action in accordance with California law to change the use of Marina Park consistent with this resolution. SECTION 13: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 14`h day of March 2006. ! / ATTEST: Cl Y CLERK 7 MAYOR STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, Leilani I. Brown, Deputy City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2006 -23 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 14�h day of March 2006, and that the same was so passed and adopted by the following vote, to wit: Ayes: Curry, Selich, Rosansky, Ridgeway, Daigle, Mayor Webb Noes: None Absent: None Abstain: Nichols IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 15 °h day of March 2006. o4 z..� ; fine oF�EW PoR Deputy City Clerk Newport Beach, California 3 (Seal)