(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)
"Applicant"
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.
"Approving body"
means the planning commission's decision is advisory to the city council whose decision shall be final.
"Cessation of use of land as a mobilehome park"
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.
"Closure of a mobilehome park"
means one of the following:
(1) 
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).
(2) 
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.
"Comparable housing"
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.
"Comparable mobilehome park"
means any other coastal mobilehome park within a 20 mile radius, substantially equal in terms of park amenities, rent and proximity to services.
"Conversion of a mobilehome park."
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:
(1) 
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).
(2) 
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.
"Impact report"
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).
"Homeowner"
means the owner(s) of a mobilehome.
"Long term lot"
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.
"Mobilehome"
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.
"Mobilehome lot"
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.
"Mobilehome park"
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.
"Resident"
means a homeowner or tenant.
"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;
(f) 
Determination of reasonable costs of relocation based on Section 1.11.045;
(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)