Joint Special Council/BFPD
07/1/24 06:00 PM
Building
Christopher Heldreth
Resolution
Doc ID: 5700
COUNCIL AGENDA ITEM
AGENDA MATTER:
ADOPTION OF RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW RECEIVING PARK CLOSURE REPORT FOR THE MIDWAY MOBILE HOME PARK (24644 MAIN STREET), APPROVING PARK CLOSURE, AND FINDING CEQA EXEMPTION (CAL. CODE REGS. 15301, 15304, AND 15061(B)(3)).
EXECUTIVE SUMMARY:
Staff recommends the Barstow City Council adopt a Resolution of the City Council of the City of Barstow receiving the closure impact report for the Midway Mobilehome Park located at 24644 West Main Street, finding no material contribution of shortage of housing opportunities and approval of closure (Government Code Section 65863.7); and finding of exemption from California Environmental Quality Act pursuant to Cal Code Regulations 15301, 15304, and 15304, and 15061(B)(3). (Attachment 1) DISCUSSION:
On May 30, 2024, the City received an application from BNSF Railway Company (BNSF) to formally close and terminate the use of the Midway Mobilehome Park located at 24644 Main Street, Barstow (MHP or Property; aka 3727 W. Main). (Attachment 2, Letter from Timothy D. Cremin, Meyers Nave.) Upon receipt of the application by BNSF, the City was required to notify BNSF of the requirements under Civil Code section 798.56 to notify any residents or mobilehome owners of the proposed change of use. (Gov. Code sec. 65863.8(a).) The City was also required to advise BNSF of any local regulations regarding park closure. There are no local regulations under the Barstow Municipal Code addressing mobile home closure processes. Such notification by the City is required at least 30 days prior to any hearing or other action on the application. The City provided the required notification to BNSF on May 30, 2024. (Attachment 3.)
Under California law, prior to the conversion of a mobilehome park to another use, the party proposing the change must file a closure impact report to discuss the impact of the closure, conversion, or cessation of the use as a mobilehome park. (Gov. Code sec. 65863.7(a)(1).) Prior to the approval of the change of use, the legislative body of the city in which the park is located shall review the impact report, and shall make a finding as to whether the closure will materially contribute to a shortage of housing opportunities within the city. (Gov. Code sec. 65863.7(e)(1).)
On June 7, 2024, BNSF provided a park closure impact report. (Attachment 4.) As the site has continuously been vacant with no tenants, occupants or mobilehomes since prior to the time BNSF acquired the Property in November 2023, provisions under state law for notice, hearing, replacement, relocation, payment of fair-market value, appraisal, and delivery of the impact report to residents are not applicable. There are no specific noticing requirements under state law addressing the situation, as here, when there are no park residents or owners of mobilehomes within a park at time of application. The requirement for preparation of a closure impact report and accepting such report by council is independent of any residents within the park. Accordingly, as there are no tenants, residents or homeowners within the park, no noticing of this hearing was required. This hearing was posted on the City website and on Channel 6 on June 27, 2024.
Joint Special Council/BFPD
07/1/24 06:00 PM
Building
Christopher Heldreth
Resolution
Doc ID: 5700
COUNCIL AGENDA ITEM
Similarly, the replacement and relocation plan obligation under Government Code section 65863.7(a)(1) is only applicable if there are residents being displaced. As the site was vacant upon acquisition, its closure will not remove housing opportunities from the local housing supply as none exist on the property.
The maximum capacity of fifteen mobilehomes on the site is not a figure that would not result in or materially contribute to a shortage of housing opportunities or choices for low- and moderate-income households within the City given the overall quantity of housing units within the City, as shown in the Housing Element.
Staff is satisfied that under these circumstances BNSF has fulfilled its obligations to prepare the closure impact report and provide notice under the Government Code and Civil Code.
The report analyzes the impact of the change of use from a vacant mobilehome park into vacant land.
The park is not part of any other development project by BNSF as this time, and specifically will not be used for the Barstow International Gateway (BIG) project. BNSF states that as a railroad company, it does not own, operate or manage residential properties, and BNSF intends to keep the property vacant with no development proposals at this time. (Attachment 4, p. 3.) Because the park is vacant, taking into account both the impact report as a whole and the overall housing availability within the local jurisdiction, the change of use will not result in or materially contribute to a shortage of housing opportunities and choices for low- and moderate-income households within the City.
ENVIRONMENTAL REVIEW:
This item is exempt from further review under the California Environmental Quality Act (CEQA) pursuant to section 15301 “Existing Facilities” where no expansion of existing of former use is contemplated. (Cal.
Code Regs., tit. 14, sec. 15301.) The action is also exempt as a minor alteration to land by a private party. (Cal. Code Regs., tit. 14, sec. 15304.) The action will result in minor demolition of mobilehome base pads and accompanying grading. Finally, given that the park is closed and is vacant the “common sense” exemption that CEQA only applies to project with the potential for “causing a significant effect on the environment” is applicable as it can be seen with certainty that there will be no significant effect on the environment. (Cal. Code Regs., tit. 14, sec. 15061(b)(3).) FISCAL IMPACT:
None.
RECOMMENDED ACTION:
It is recommended by staff that the city council hold the public hearing on this matter, receive the closure impact report, and approve the attached Resolution _____ making the necessary findings.