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HomeMy WebLinkAboutPlanning Commission Minutes 2007/08/08 MINUTES OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA Council Chambers 276 Fourth Avenue Chula Vista, California 6:00 p.m. August 8, 2007 CALL TO ORDER: 6: 15:34 PM Introductory Remarks ROLL CALL / MOTIONS TO EXCUSE: Members Present: Tripp, Felber, Moctezuma, Bensoussan, Clayton, Spethman Member Absent: Vinson 6:17:43 PM INTRODUCTORY REMARKS: Read into the record by Chair Tripp APPROVAL OF MINUTES: July 25, 2007 MSC (Felber I Bensoussan) (5-0-1-1) that the Planning Commission approve minutes of July 25, 2007, reflecting Cmr. Bensoussan's clarification on Mr. Molski's inquiry pertaining to the KOA park site as it relates to the mobilehome park use. Motion carried with Cmr. Spethman abstaining due to his absence on 7/25/07. 2. Public Hearing: PCM 05-13; Request to amend the Freeway Commercial Sectional Planning Area (SPA) Plan to increase the allowable square footage of the Otay Ranch Town Center by 93,000 sf from 867,000 sf to 960,000 sf. I n order to expedite the discussion of item #1., "Mobilehome Closure Ordinance", Chairman Tripp took items #2 and #3 out of sequence. Chair Tripp took the following actions pertaining to Public Hearing PCM 05-13: . Dispensed with staff's presentation . Opened Public Hearing . There being no public input, closed Public Hearing . Asked for Commission comments, and . Called for the Question MSC (Spethman / Felber) (6-0-1-0) that the Planning Commission adopt Resolution PCM 05-13 recommending the City Council approve the amendment to the Freeway Commercial SPA Plan. Motion carried. Planning Commission Minutes - 2 - August 8, 2007 3. Public Hearing: PCA 08-01; Zoning Ordinance Amendment proposal to amend the Chula Vista Municipal Code to add definitions and informational language to Sections 19.60-060 and 19.60-600 of the Sign Ordinance. Cmr. Clayton recused herself from the dais. Chair Tripp took the following actions pertaining to Public Hearing PCA 08-01 : . Dispensed with staffs presentation . Public Hearing Opened: - Richard D'Ascoli, representing the Pacific Southwest Association of Realtors stated that this ordinance does some housekeeping to set-up another ordinance that will allow on a strict timeline a limited number of signs in the Public Right Of Way. . Public Hearing Closed . Asked for Commission comments, and . Called for the Question MSC (Felber / Moctezuma) (5-0-1-1) that the Planning Commission recommend to the City Council adoption of the amendments to Sections 19.60.060 and 19.60.600 of the Chula Vista Municipal Code. 1. Information Item: Information presentation on the update of Mobilehome Closure Ordinance (CVMC 9.40 & 9.60). Background: Mandy Mills reported that in October 2006 the City Council approved the establishment of a Mobilehome Overlay District in the General Plan. This action resulted from concerns that proposed rezoning of mobilehome and trailer parks to conform to the recently updated General Plan could increase changes in land use and increase the number of park closures and displaced residents. Ms. Mills further stated that State law governs mobilehome regulations and protects landowner rights to either sell or change the use of their property. The State also gives authority to the City to monitor relocation impacts should the landowners chose to sell or change the use of their property, and also determine compensation for displaced park residents. The ordinance update is intended to ensure that when a change of use is contemplated for an existing park that the relocation impacts on residents is properly addressed. The existing ordinance is outdated and market conditions don't reflect current market costs. Ms. Mills outlined five major topic areas; they are: . The right of first refusal . The notification timeframes . Tennant relocation for renters . Mobilehome relocation assistance should a mobilehome be able to be relocated . Mobilehome value in the instance where a mobilehome cannot be relocated Planning Commission Minutes -3- August 8, 2007 Commission Comments: Cmr. Speth man asked how many outreach programs were conducted in the mobilehome/trailer park community. Ms. Mills responded that a total of 12 meetings were held over the course of 6 months, which included Spanish translation. The City also mailed thousands of postcards to every mobilehome resident informing them about the process. Public Testimony: 7:41 :44 PM Teresa Acero, President of Southwest Civic Association support the mobilehome park residents and believe that what staff is proposing is not adequate for the residents. She encouraged the Commission to consider passing along their recommendation to City Council opposing staff's proposal. There are many residents who are elderly, handicapped, or of extremely low income who are vulnerable and at risk of becoming homeless should their parks close. The SWCA request that the following changes be made to the draft ordinance: . Renters of low or extremely low income need the same rental assistance as mobilehome owners . The value of the mobilehomes must be determined based on the fair "on-site" market value . When determining the rental assistance, the actual net income of each resident should be used to calculate eligibility and amount of assistance . 25% to 30% of the actual net income of each resident should be considered the affordable rent for that specific resident. . The number of rental bedrooms should equal or exceed the number of bedrooms that the mobilehome has. Patricia Lopez stated that these residents choose to live in a mobilehome not only because they enjoy the lifestyle and their community, but because it is the only thing they can afford. As previously stated, a lot of these individuals are senior citizens on a fixed income, disabled individuals, or an extremely low income family. Park closures would be devastating to many of these residents and would cause a whole segment of our community to become homeless. Yolanda Cordero, stated she concurs previous statement that these residents live in mobilehomes because this is the only thing they can afford. It's unfortunate that these residents have to live with instability, not knowing if any day they'll be told to move their home or be forced to give away their home in exchange for a menial pay-off. Diana Lynn stated that no one in her park is wanting to move; there's a lot of confusion and sadness in her neighbors because of they fear that if they attend the public meetings, somehow the park owner will hold it against them. She urged the City to be compassionate in their dealings with these residents because this is all they can afford to live in and they are also concerned about their pets. Planning Commission Minutes -4- August 8, 2007 Parks Pemberton offered the following two recommendations: 1) that the City open up a market in Eastern Chula Vista where investors are allowed to purchase large pieces of property to develop into nice mobilehome parks, and 2) that the City underground the utilities and allow mobile homes to be parked in the easements where these power line use to be, which span and traverse the City from Southwestern College to Palomar. Ciro Reyes stated that he lives in a mobilehome park now because of his current financial situation, but is optimistic that this is just in the interim time until he is able to obtain a higher wage job. Most of the people in mobilehome parks are not as fortunate to have that option, and if you take away their homes in order for the land to be developed, you'll be creating a class of homeless people. Sean Ortega stated he's lived in a mobilehome park most of his life and there's a lot to be said about the advantages of living in a park and the sense of community that comes with it. Mr. Ortega does not oppose development, but urges the decision-makers to carefully think through their compensation proposals to the residents who will be displaced and face losing their homes; that it be fair and equitable using realistic financial figures based on today's cost of living. Goldie Sheldon stated if you sell one of these homes on-site, they're worth $40,000 to $150,000. The thought that at most a homeowner could get up to $11,000 for their home is outrageous and not fair; there needs to be a way to recover equitable costs for their life investment. Barbara Nunneic restated the need to ensure that residents that are displaced don't fall through the cracks and are allowed to become homeless people. She recommends that the compensation packet include deposit and first month rent once the resident has found a new place to live. Steve Molski stated that he's spoken with former Mayor Padilla recommending that the KOA park property would be an ideal location to place some of these displaced mobilehomes; you've got the infrastructure with running water, sewer, and electricity. Additionally, he stated that you should be able to get what the retail on-site value of that mobilehome is. Emilia Perez stated that the timing of when the notices were mailed and when the meetings were held was not sufficient time to get the word out to encourage as many residents to come out to the meeting. The compensation plan is inadequate; all they are asking for is that they be compensated the true on-site market value of their home. Dolores Dempsey stated how can you remove us from our homes like a used truck. Many residents have spent thousands of dollars on improvements to their home. Many people are paying mortgages on their home and they must get fair market value. The owner of the park has property rights and can do with his property what he wants, however, they also should have a moral obligation to ensure that the residents of his park, who have been paying on his investment, should equally be compensated by the park owner at the time that he decides to sell his land. End of public comments. Planning Commission Minutes - 5 - August 8, 2007 Cmr. Bensoussan asked what happens in a similar scenario if a park is going to go into bankruptcy or Chapter 11 like Jade Bay, will this ordinance have teeth in it that will be respected by the Bankruptcy Court. Mandy Mills responded that this ordinance in terms of bankruptcy would not have any say or any standing at the court level. The overlay district was put I place in order to have the landowner or developer, whomever is wanting to change the land use, they would have to prove that they satisfy the obligations of our ordinance. Cmr. Bensoussan stated that as an appraiser of personal and real property, she is concerned with the valuation terminology used throughout the report. It would be undesirable to see an ordinance that uses antiquated terms because of potential law suit if the terms are not accurate and reflecting those of the current edition of the Uniform Standards of Professional Appraisal Practice. Cmr. Bensoussan also stated she was confused why staff would be recommending that only the cost approach be used in an appraisal. There are three approaches to value; fair market value entails an analysis of comparable sales. When you appraise personal property, as these homes are, you have an opportunity to look at different approaches to value and decide which is the most appropriate. Comparable sales is an extremely important approach to value personal property. Personal property appraiser aren't so quick to use Marshal Swift data and are discouraged from using price guides like Kelley Blue Book. The ordinance needs to be more scientific and reality based in terms of the valuation procedure. Cmr. Tripp stated that he understands how serious of an affordable housing issue this is for our community. The essence of the issue is that there are better economic uses of land other than as a mobilehome park; its disheartening for the mobilehome owner to hear that, but it a true statement. Cmr. Tripp encourages the residents to attend the Housing Advisory Committee meetings because they serve in an advisory role to the City Council, and the City Council has the decision-making role of approving whatever ordinance comes before them. Cmr. Felber stated that an idea that comes to mind is having some kind of a disclosure statement informing potential buyers or those moving into mobilehome parks of what it means to be renting a piece of land on property owned by someone else who ultimately has property rights and can decide to sell his land. Cmr. Clayton stated that disclosure is already standard practice with her clients, however, the down side is that very few mobilehomes are sold by realtors; they are mostly sold by the mobilehome park or by the individual owners, therefore, there is no control over what they disclose. Cmr. Felber stated that perhaps this is something that could be considered to be written into the ordinance. Mandy Mills stated that this is already something that staff is looking into. Similarly, when lease renewals come up, this would be an opportunity to provide this disclosure information to the tenants, however, in a lot of instances, the homes are sold privately without the park owner knowing that the property has changed ownership. Conclusion of update on Mobilehome Closure Ordinance. Planning Commission Minutes - 6 - August 8,2007 Adjournment: To a regular meeting of the Planning Commission on August 22, 2007.