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RESOLUTION NO. ____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BARSTOW RECEIVING THE CLOSURE IMPACT REPORT FOR
THE MIDWAY MOBILEHOME PARK LOCATED AT 24644 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 15061(B)(3).
WHEREAS, on May 30, 2024, BNSF Railway Company (BNSF) formally filed an application close and terminate the use of the Midway Mobilehome Park located at 24644 Main Street, Barstow (MHP or Property);
WHEREAS, on May 30, 2024, the City of Barstow sent BNSF the information required pursuant to Government Code section 65863.8(a); WHEREAS, because no residents have lived in the MHP and no homeowners have existed within the MHP since at least November 2023, the statutory requirements under Government Code sections 65863.7 and 65863.8, and Civil Code 798.56 concerning notice to residents and homeowners are inapplicable; and
WHEREAS, because no residents have lived in the MHP and no homeowners have existed within the MHP since at least November 2023, the need to provide appraisals for displaced homeowners, compensation for displacement, and delivery of the closure impact report to residents and homeowner is not required; and
WHEREAS, pursuant to Government Code section 65863.7(e)(1), prior to approval of a change in use of a mobilehome park, the City Council is required to review the closure impact report and make a finding whether the park closure will result in or materially contribute to a shortage of housing opportunities and choices for low- and moderate income households within the city; and
WHEREAS, under the California Environmental Quality Act (CEQA), where no expansion of an existing of former use is contemplated, the project is exempt pursuant to section 15301 “Existing Facilities”. (Cal. Code Regs., tit. 14, sec. 15301.) No expansion of the MHP is proposed through this action. 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).); and
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WHEREAS, on June 7, 2024, BNSF submitted to the City of Barstow a closure impact report.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BARSTOW DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. RECITALS. The recitals set forth above are true and correct and incorporated herein by this reference.
Section 2. FINDING. The City Council has reviewed the closure impact report, all additional relevant documentation in the record as a whole, and the overall housing availability withing the jurisdiction. The City Council finds that approval of the MHP closure and termination 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, and approves of the closure and termination of use.
Section 3. CERTIFICATION. The City Clerk shall certify to the passage and adoption of this Resolution and shall give notice of it if and as required by law.
Section 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED by the City Council of the City of Barstow at a regular meeting of said Council held on July 1, 2024, by the following vote:
AYES:
NOES:
ABSENT:
_______________________________
Dr. Paul A. Courtney, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________ Andrea Flores, City Clerk Matthew T. Summers, City Attorney