(a)
Where
a person proposes to convert an existing mobilehome park to another
use or to close a mobilehome park or to cease using land as a mobilehome
park or to file a subdivision map application connected with a conversion
of use for a mobilehome park, current provisions of state law, as
set forth in Government Code Sections 65863.7 and 66427.4 and Civil
Code Section 798.56, authorize the city to require the person proposing
the change of use to file and distribute a report on the impact of
such change and further authorize the city to require measures to
be undertaken to mitigate the adverse effects of the change of use
upon the tenants of the mobilehome park who would be displaced by
such change.
(b)
The
city council finds and determines that unless mitigation measures
are undertaken, the conversion, closure or cessation of use of mobilehome
parks would have a substantial adverse effect upon park residents
in terms of cost of relocation, scarcity of similar comparable housing
within a reasonable proximity to the city, and the significantly higher
costs of other types of housing in the immediate area if park residents
cannot relocate to other mobilehome parks. Resident owned mobilehomes
often cannot be easily relocated due to numerous factors, including
the age of the units, the cost of moving and relocation and the scarcity
of vacant spaces in the immediate vicinity. When a mobilehome in an
existing park is sold, it is generally sold in place; it is not often
moved from its location once it has been placed in a park. Mobilehome
owners have often invested substantial sums in the acquisition, installation
and maintenance of their mobilehomes. For most residents, these units
represent the owner's sole or principal financial asset. One direct
result of a change of use of a mobilehome park, unless mitigated,
can be the destruction of the value of the mobilehome and a difficulty
of the mobilehome owner to find adequate replacement housing. Relocating
park residents to an area in excess of twenty miles from their existing
home often creates special hardships, particularly for elderly residents,
who need to be in proximity to their family, caregivers, medical care
providers and social service support networks. A move in excess of
twenty miles would seriously disrupt these support resources, would
jeopardize the jobs of those residents currently employed and would
not constitute adequate replacement housing for such residents.
(c)
It
is the intent and purpose of the city council in adopting this chapter
to establish reasonable rules and regulations in accordance with the
authority granted by state law to mitigate the adverse effects of
relocation upon mobilehome park residents who are confronted with
a proposed change of use for their mobilehome park or portions of
the park.
(d)
It
is the intent and purpose of the city council in adopting this chapter
to provide for uniform procedures and standards for reasonable relocation
benefits and assistance in the case of a conversion, closure or cessation
of use of a mobilehome park so as to implement state law and so that
the owners and occupants of mobilehomes and the owners of mobilehome
parks understand their rights and responsibilities in such situations.
(Ord. 1211 § 1, 1991)
(a)
Any
person who files an application with the city for a general plan amendment
or for a rezoning of land use type or density, or for approval of
a tentative map, conditional use permit or any other application for
the purpose of converting a mobilehome park to a condominium, stock
cooperative, or any other form of ownership wherein mobilehome spaces
within the park are to be sold for residential use, or to change to
another use, close a mobilehome park or cease to use land as a mobilehome
park, shall concurrently file with the city a mobilehome relocation
impact report that complies with this section. No such applications
shall be considered or deemed complete or processed for consideration
or approved unless and until such relocation impact report is filed
and approved in accordance with this chapter.
(b)
The
city shall select a consultant to perform the relocation impact report
within ninety days of a written request from the applicant. The applicant
shall be noticed in writing of the estimated cost of the relocation
impact report and shall deposit that sum with the department of community
development prior to commencement of any work on the relocation impact
report. The city will then contract with a consultant for the preparation
of the relocation impact report. Once an application is filed, the
residents of the mobilehome park shall be notified by the city that
an application has been filed and preparation of the relocation impact
report will begin. The relocation impact report shall contain, but
need not be limited to, the following information:
(1)
A legal description of the property;
(2)
A map and a detailed description of the condition of the mobilehome
park, including the nature and location of structures, landscaping,
easements, utilities and other on-site features and amenities;
(3)
The names and addresses of all mobilehome owners within the park
(including absentee mobilehome owners), as shown on the rental agreement
for the mobilehome park spaces, and the names and addresses of all
mobilehome tenants within the park as of the date of the application;
(4)
The age, including date of manufacture, of each mobilehome within
the park, including the type of mobilehome, width, size, and number
identifying the mobilehome space being occupied;
(5)
The number of spaces within the park, length of occupancy by the
current occupant of each space and the current lease rate for each
space;
(6)
The total number of mobilehome residents, broken down space by space
identifying owner or renter occupancy, principal or second home occupancy,
residents under sixteen years of age, residents sixty years of age
and over, and the number of residents who are physically disabled,
including the chronically ill;
(7)
A description of the proposed new use and all discretionary approvals
necessary therefor, if any;
(8)
The proposed timetable for conversion, closure or cessation of use
of the land as a mobilehome park and for obtaining other discretionary
approvals for the proposed use, if any;
(9)
The location of all comparable mobilehome parks within a twenty mile
radius from the city limits of the city of Laguna Beach, including
the park name, number of lots, number of vacancies, lease rates and
terms, policies, and restrictions on the type of mobilehomes and residents
accepted, amenities offered and proximity to services (bus stops,
grocery stores, hospitals, etc.);
(10)
A determination based on the information provided in subdivisions
(4), (5) and (9) of this subsection of the total number of mobilehome
units that are eligible to be relocated to a comparable mobilehome
park;
(11)
The estimated cost of relocating the mobilehomes identified in subdivision
(10) of this subsection to available lots in mobilehome parks within
the study area. The cost of relocating shall include the costs of
dismantling, packing, moving, reassembling, rebuilding and unpacking,
as necessary, the mobilehome, all personal property, skirting, tie
downs and all other associated structures and property;
(12)
An estimate of the fair market value of each mobilehome and all associated
fixed property that cannot be relocated to a comparable mobilehome
park. In determining fair market value, the consultant shall consider
the mobilehomes in their current locations assuming the continuation
of the mobilehome park in a safe, sanitary and well maintained condition
with competitive lease rates. The consultant shall specify the basis
for a conclusion that any mobilehome cannot be relocated to a mobile-home
park and the basis for determining the value of the mobilehome;
(13)
The availability and cost of rental housing of comparable size and
quality in the city of Laguna Beach for each mobilehome park tenant;
(14)
A relocation plan which will include a timetable for physically relocating
the mobilehomes, or payment of relocation assistance;
(15)
Proposed measures to mitigate the adverse impacts of the conversion upon each park resident based on Section 1.11.045;
(16)
A list of persons, firms and organizations with proven expertise
in the fields of housing and relocation of persons displaced from
housing. This list shall include the names, addresses, telephone numbers,
and fee schedules of persons who are qualified as mobilehome movers
and appraisers of mobilehomes. The information shall include an explanation
of the services which the housing specialists can provide;
(17)
Any information which the department of community development determines
is necessary to address the specific issues raised by the application
or the impact study and any information that may be necessary to implement
provisions of this chapter.
(c)
Upon
the filing of an application for a closure, conversion or cessation
of use of a mobilehome park, or upon a determination by the city council
that a closure, conversion or cessation of use has commenced, the
city council may establish such measures permitted by law as may be
deemed appropriate or reasonably necessary to minimize and mitigate
hardships and uncertainties for the owner and residents of the mobilehome
park until the approval and implementation of a relocation impact
report, including, but not limited to, regulations relating to space
rents and evictions.
(Ord. 1211 § 1, 1991; Ord. 1231 § 1, 1992)
means the person(s), firm(s), entity(ies) or corporation(s)
applying for any application for the purpose of converting, changing
to another use, closing, or ceasing to use land as a mobilehome park.
If the owner of the controlling interest in a mobilehome park is not
the applicant, then the applicant must provide evidence of the controlling
owner's consent to the filing of the application.
means the planning commission's decision is advisory to the
city council whose decision shall be final.
means a decision by the owner(s) of a mobilehome park to
discontinue the use of property as a mobilehome park which is not
an adjudication of bankruptcy.
means one of the following:
A closure of a mobilehome park occurs when less than seventy-five percent of the occupiable spaces are leased by qualified homeowners as defined in the Mobile-home Residency Law (Civil Code Section 798 et seq.). However, upon application of a mobilehome park owner, the city council may, in its absolute discretion and upon a finding of good cause, determine that a closure of a mobilehome park is not occurring, notwithstanding that less than seventy-five percent of the occupiable spaces are leased. Any such application by the mobilehome park owner shall be accompanied by an estimate of a qualified appraiser as to the fair market value of the mobilehome(s) and all associated fixed property for which the foregoing exemption is requested. The appraiser's estimate shall conform to the requirements of Section 1.11.010(b)(12).
Notwithstanding the provisions set forth above in subsection (1), a closure of a mobilehome park occurs when the city council, in its absolute discretion and upon a finding of good cause, determines that the mobilehome park owner has acted and/or has failed to act in a manner which would cause a reasonable person to conclude that the mobilehome park owner intends to eliminate or reduce mobilehome spaces available for rent to the general public. Such acts or omissions include, but are not limited to, the withholding of available mobilehome spaces under the control of the mobilehome park owner, and statements by authorized agents and representatives of the mobilehome park owner to prospective buyers of the mobilehome park that the mobilehome park is being closed by the mobilehome park owner.
means housing which is comparable in floor area and number
of bedrooms, bathrooms, and other rooms to the mobilehome to which
comparison is being made, which housing meets the minimum standards
of the Uniform Housing Code.
means any other coastal mobilehome park within a 20 mile
radius, substantially equal in terms of park amenities, rent and proximity
to services.
The term "change of use" is synonymous with "conversion"
and is defined as any change which results in elimination of any mobilehome
lot, including but not limited to the conversion of any long term
lots to short term lots or the removal of a lot for lease to a tenant.
A long term lot is converted to a short term lot if, subsequent to
the adoption of this section, any habitable structure not meeting
the definition of a "mobilehome" is moved onto the lot. Elimination
of a mobilehome lot shall occur when the mobilehome lot ceases being
rented, leased or otherwise occupied by an owner of a mobilehome (that
is not associated with the park owner). However, the following shall
not constitute a conversion of a mobilehome park:
During any one year period subsequent to the adoption of this chapter, no more than one vacant lot may be converted to other uses, provided all necessary governmental approvals, including an amendment to any use permit or zoning is obtained from the city; provided, however, that upon application of a mobilehome park owner, the city council may, in its absolute discretion and upon a finding of good cause, determine that a conversion of a mobilehome park is not occurring notwithstanding that more than one vacant lot is converted to other uses. Any such application by the mobilehome park owner shall be accompanied by an estimate of a qualified appraiser as to the fair market value of the mobilehome(s) and all associated fixed property for which the foregoing exemption is requested. The appraiser's estimate shall conform to the requirements of Section 1.11.010(b)(12).
A change in ownership to a limited equity cooperative, nonprofit
corporation or condominium, provided fifty one percent of the resident
occupants participated in the purchase of the mobilehome park and
all other homeowners residing in the mobilehome park are offered lifetime
leases.
means a report required by California Government Code Sections 65863.7 and 66427.4 and containing the information set forth in Section 1.11.010 (B).
means the owner(s) of a mobilehome.
means any mobilehome lot which has been occupied by the same
mobilehome for at least nine of the twelve months prior to the adoption
of this chapter.
means a vehicle designed or used for human habitation and
shall include camping trailers, motorhomes, slide in campers and trailers,
when used as the occupant's principal place of residence, and mobile-homes
as defined in Health & Safety Code Section 18211.
means any area or tract of land, or portion thereof, occupied
or held out for occupancy by one mobilehome that is not owned by the
park owner.
means any area or tract of land where two or more mobilehome
lots are rented or leased or held out for rent or lease to accommodate
mobile-homes used for human habitation.
means a homeowner or tenant.
means a person who occupies a mobilehome within a mobilehome
park pursuant to a bona fide lease or rental agreement and who, during
his or her tenancy, is not the owner or member of the immediate household
of the owner of the mobilehome.
(Ord. 1211 § 1, 1991; Ord. 1227 §§ 1, 2, 1992)
(a)
The
Department of Community Development shall at least thirty days prior
to a hearing by the planning commission on the application(s) pursuant
to Section 1.11.035(A), inform the applicant in writing of the provisions
of Section 798.56 of the Civil Code and all applicable local requirements
which impose upon the applicant a duty to notify residents and mobilehome
owners in the mobilehome park of the proposed change in use.
(b)
Not less than thirty days prior to a scheduled hearing before the planning commission, the park owner shall transmit to the owner or occupant of each mobile-home occupying a site within the mobilehome park and to all other persons described in Section 1.11.010(B)(2), a copy of the relocation impact report, a copy of this chapter, and notices of the dates, times and places of the public hearings and the informational meeting to be held pursuant to subsection (c) of this section. The copies provided shall be free of charge. Proof of service of distribution of the impact report to each resident must be filed by the applicant with the director of community development two days prior to the hearing and shall be signed under penalty of perjury.
(c)
Not
later than fourteen days prior to the scheduled public hearing before
the planning commission, the park owner shall conduct not less than
one informational meeting for the residents of the mobilehome park
regarding the status of the application for change of use and or closure,
the timing of the proposed relocation of residents, and the nature
of the relocation benefits the park owner proposes to make available.
The meeting shall be conducted on the premises of the mobilehome park
or other suitable location as determined by the city. The housing
specialist(s) designated in the relocation impact report shall be
present at such meeting. Not less than five days prior to the scheduled
public hearing before the planning commission, the applicant shall
file with the director of community development a statement made under
penalty of perjury that the applicant has complied with the requirements
of this subsection. Such statement shall state the date, time and
place where such meeting or meetings were conducted.
(Ord. 1211 § 1, 1991)
When an application for a change of use and/or closure of a
mobilehome park has been filed with the department of community development,
the park owner shall advise each prospective new resident who proposes
to occupy a mobilehome within such park after the filing of such application,
in writing, prior to the execution of a rental agreement or commencement
of such occupancy whichever occurs first, that such application has
been filed.
(Ord. 1211 § 1, 1991)
The provisions of this chapter shall not apply if it is determined
that the closure of a mobilehome park or cessation of use of the land
as a mobilehome park results from an adjudication of bankruptcy. The
applicant shall have the burden to produce substantial evidence that
a court of competent jurisdiction has determined in connection with
a proceeding in bankruptcy that the closure or cessation of use of
the affected park as a mobilehome park is necessary. The documentation
shall include the title, case number and court in which the bankruptcy
proceedings were held and certified copies of all pertinent judgments,
orders and decrees of the court.
(Ord. 1211 § 1, 1991)
(a)
When
an application has been filed for a general plan amendment, rezoning,
tentative map, conditional use permit for the proposed change of use
and/or closure of a mobilehome park, the director of community development
shall schedule a public hearing on the relocation impact report before
the planning commission within thirty days of receiving the relocation
impact report. The planning commission and the city council, in considering
the relocation impact report, shall make written findings based on
evidence regarding the factors outlined in Section 1.11.090.
(b)
At
the public hearings, all interested parties will be allowed to present
evidence to the planning commission and the city council on any aspect
of the application. The evidence may include, but is not limited to,
justification for the payment of relocation costs, including the fair
market value of any mobilehome, evidence why a mobilehome cannot be
relocated to a comparable mobile-home park, and similar information.
(c)
If the city council is unable to make findings consistent with Section 1.11.040 and is unable to impose reasonable measures as provided in Section 1.11.045 to mitigate the adverse impact(s) of relocation, the city council shall deny the application for the proposed conversion, closure or cessation of use. No other permit or approval shall be granted in furtherance of the proposed conversion, and no change of use, including cessation or closure, shall occur unless a relocation impact report has been approved.
(Ord. 1211 § 1, 1991)
The planning commission and city council, in considering the
relocation impact report, shall accept and hear evidence, shall consider
such evidence, and shall make written findings based on such evidence
regarding each of the following factors and any other factors as it
deems appropriate:
(a)
Whether
the information submitted with the application indicates that the
proposed conversion, closure or cessation of use will have an adverse
impact upon the residents of the mobilehome park;
(b)
Whether
there will exist, at the time of conversion, closure or cessation
of use available mobilehome lots within a twenty mile radius from
the city to accommodate the mobilehomes to be displaced;
(c)
Whether
the age, type, condition and style of mobilehomes within the park
proposed for conversion, closure or cessation of use are such that
the mobilehomes are able to be moved and accepted into other parks
within a twenty mile radius from the city;
(d)
Whether
the homeowner cannot relocate to a comparable mobilehome park within
a twenty mile radius from the city and justification for that conclusion;
(e)
Whether
there is evidence that the applicant or owner(s) have attempted to
evict or otherwise cause the removal of residents for the purpose
of avoiding or reducing payment of relocation assistance;
(g)
If
the proposed conversion is to another residential use, whether the
residents of the mobilehome park will have an opportunity to purchase,
if for sale, or rent the new units, and whether the construction schedule
will result in unreasonably long term displacements;
(h)
Whether
the proposed conversion is consistent with the city's general plan,
any applicable specific plan and/or zoning ordinances;
(i)
Whether
the proposed conversion will be detrimental to the public health,
safety and general welfare;
(j)
Whether
all reports and notices required by law have been properly prepared
and properly served.
(Ord. 1211 § 1, 1991)
In approving a relocation impact report the city may attach
reasonable conditions in order to mitigate the impacts associated
with the conversion, closure or cessation of use. The city council
shall require the applicant to enter into a written agreement with
the city to ensure compliance with and fulfillment of the conditions
of approval, which may include but are not limited to the following
matters. The specific conditions of approval of a particular application
shall be determined on an application-by-application basis with regard
to the acts and circumstances of the application.
(a)
Payment
of relocation assistance to each resident who resided in the mobilehome
park as of and after the date of the application is filed or the date
a closure, conversion or cessation of use is deemed by the city council
to have commenced.
(b)
Payment
of the cost of physically moving the mobilehome to a new site, including
tear down and setup of movable improvements such as patios, carports
and porches; packing, moving and unpacking all personal property;
and in-transit costs for meals, lodging and gas.
(c)
Payment
of a lump sum to compensate for payment of the first and last month
rent and any security deposit at the new mobilehome park.
(d)
Payment
of a lump sum to compensate for any differential between rental rates
at the closing mobile-home park and the new mobilehome park during
the first year of the new tenancy.
(e)
For
tenants the costs may include all reasonable expenses incurred in
moving to a new location, up to a maximum distance of fifty miles.
(f)
For
homeowners who are unable to reasonably relocate their mobilehome,
payment of fair market value for their mobilehome based on information
contained in the approved relocation impact report.
(g)
Setting
aside a certain number of affordable units for the residents of the
park, if the park is to be converted to another residential use; or
providing a certain number of affordable units on site or off site,
if the park is to be converted to a use other than residential.
(h)
In
order to facilitate a proposed conversion, closure, or cessation of
use of a mobilehome park the residents and applicant may agree to
mutually satisfactory conditions. To be valid, such an agreement shall
be in writing, shall include a provision stating that the resident
is aware of the provisions of this chapter, shall include a copy of
this chapter as an attachment, shall include a provision in at least
ten point type which clearly informs the resident of the right to
seek advice of an attorney prior to signing the agreement with regard
to the resident's rights under such agreement, and shall be drafted
in the form and content otherwise required by applicable state law.
(Ord. 1211 § 1, 1991; Ord. 1231 § 2, 1992)
(a)
After
the date of approval of the relocation impact report, the applicant
shall undertake or be responsible for performance of the following
obligations:
(1)
Not later than thirty days from such approval, the housing specialist(s)
shall make personal contact with each resident of the mobilehome park
and commence consultations to determine the proper relocation assistance
to be provided. The housing specialist shall give each resident eligible
to receive relocation assistance written notice of his or her relocation
assistance.
(2)
Not later than four months from the date of such determination, residents
who are entitled to make selections between alternate benefits shall
make such selection in writing. Such selection shall be submitted
to the applicant on a form provided by the housing specialist.
(3)
Not less than thirty five days prior to the date any resident is
required to vacate the mobilehome park, any such cash or monetary
relocation assistance shall be paid to such resident.
(4)
The date upon which any resident of the mobile-home park is required
to vacate such park, or upon which the owner of any mobilehome is
required to be removed from the mobilehome park shall be not less
than six months from the date of notice of termination of tenancy
and not less than thirty five days from the date of payment of any
relocation benefits.
(5)
If the applicant specifically requests that any of the time limitation
required by this subsection be modified, the city council shall consider
any such modification and evidence relating to the request at the
hearing on the relocation impact report. The city council shall have
the power to make such modifications in such time limits.
(6)
The relocation impact report shall expire one year from the date
of its approval unless twenty five percent or more of the homeowners
or tenants receive relocation assistance in accordance with this chapter,
or the applicant requests an extension setting forth justification
for not having proceeded within the one year period. No more than
two such extensions may be granted by the city council. A request
for an extension must be filed no less than forty five days prior
to the expiration of the relocation impact report. A public hearing
shall be held on the request.
(b)
If
relocation assistance has not been provided to all eligible homeowners
and tenants in accordance with this chapter within three years of
the original date of approval, a new study shall be prepared in accordance
with this chapter.
(c)
Each
year on the anniversary date of the approval of the original relocation
impact report, the relocation provided for by the city council shall
be increased by an amount equivalent to the cost of living index for
the Los Angeles/Riverside area published by the U.S. Department of
Labor. The index shall be for the quarterly period closest to the
anniversary date of the approval.
(d)
No
building permit shall be issued for development unless and until the
applicant files a statement with the director of community development
made under penalty of perjury, that relocation assistance payments
pursuant to this chapter have been paid.
(Ord. 1211 § 1, 1991)
The city council may establish by resolution reasonable fees
to cover any costs incurred by the city in implementing this chapter.
Such fees shall be paid by the park owner or applicant subject to
the provisions of this chapter, in accordance with the limitations
of Section 65863.7(g) of the Government Code.
(Ord. 1211 § 1, 1991)
Any park owner who violates any rights of any park resident
established under this chapter shall be liable to the resident for
the actual damages caused to the resident by said violation, plus
costs and reasonable attorney's fees, as may be awarded by a court
of competent jurisdiction.
(Ord. 1211 § 1, 1991)
