The stated purpose and intent of this chapter is to ensure that
any proposed change of use of an existing mobile home park or a portion
thereof to any other use is preceded by adequate notice, that the
social and fiscal impacts of the proposed change of use are adequately
defined prior to consideration of a proposed change of use, and that
relocation and other assistance is provided to identified park residents,
consistent with the provisions of the ordinance codified in this chapter
and California Government Code Sections 65863.7 and 66427.4, and relevant
portions of the California Civil Code.
(Ord. 08-19 § 3)
means any person, firm, corporation, partnership, or other
entity owning or representing a mobile home park who applies to change
the use of that mobile home park or a portion thereof.
means using an existing mobile home park or a portion thereof
for a purpose other than the rental or the holding out for rent of
two or more mobile home sites to accommodate mobile homes used for
human habitation, and shall not mean the adoption, amendment, or repeal
of a park rule or regulation.
means any other mobile home park substantially similar in
terms of park conditions, amenities, and other relevant factors.
means the required report on the impact of the change of
use upon the displaced residents pursuant to California Government
Code Section 65863.7(a), which the applicant shall file as part of
the change of use permit application.
means a structure as defined in California Civil Code Section
798.3.
means a person who owns or has an ownership interest in a
mobile home within a mobile home park.
means an area of land where two or more mobile home sites
are rented, or held out for rent, to accommodate mobile homes used
for human habitation. Mobile home park shall not include a mobile
home subdivision of stock cooperative. A mobile home park is not a
recreational vehicle park as defined in California Health and Safety
Code Section 18862.39.
means an area within a mobile home park being occupied by
or designated for occupancy by an individual mobile home.
means a person who occupies a mobile home within a mobile
home park pursuant to a bona fide lease or rental agreement with the
mobile home owner and who, during his or her tenancy, was not the
owner or member of the immediate household of the mobile home owner.
means a person lawfully residing in a mobile home park, including
mobile home owners, mobile home tenants or members of the immediate
household of the mobile home owners or mobile home tenants.
(Ord. 08-19 § 3)
The following shall apply when any mobile home park in the city
has either twenty vacant mobile home sites or a vacancy rate of twenty-five
percent or greater of the total number of mobile home sites in existence
in the mobile home park, whichever occurs first, and such was not
caused by physical disaster, including, but not limited to, fire,
flood, storm, earthquake, landslide, or by another natural condition
beyond the control of the owner or operator of the mobile home park:
A.
The
owner or operator of the mobile home park shall file with the city
manager a written notice informing the city of the current vacancy
rate and the number of vacant mobile home sites. For purposes of this
chapter, a mobile home site is "vacant" when it is either:
B.
The
written notice to the city manager from the owner or operator of the
mobile home park shall clearly state any known reason why there are
twenty vacant mobile homes within the mobile home park or why the
vacancy rate is in excess of twenty-five percent, and whether or not
the property owner intends to convert the mobile home park or a portion
thereof to another use.
C.
If
it is determined that the owner or operator of the mobile home park
intends to apply for a change of use permit, the city manager or his
or her designee shall immediately inform the property owner or operator
of the requirements of this chapter.
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The city shall monitor vacancies within the city's mobile home parks to ensure compliance with the vacancy notice requirement. Should the city choose to send a written inquiry regarding vacancy to a park owner or operator, the park owner or operator shall file with the city manager a written notice per subsection A no later than one month following the written inquiry from the city.
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(Ord. 08-19 § 3)
Any applicant desiring to convert a mobile home park or a portion
thereof to any other use, to close a mobile home park or a portion
thereof, or to cease to use all or any portion of the land as a mobile
home park shall apply for a change of use permit, in addition to any
necessary discretionary land use permit application, such as a tentative
or parcel subdivision map or a conditional use permit. The city manager
or designee shall review the change of use permit application, and
shall make a final determination regarding the change of use permit
or shall forward a recommendation on the change of use permit to the
city council for final action. The consideration of a change of use
permit shall require a noticed public hearing in the manner set forth
in California Government Code Section 65905. At a minimum, each application
for a change of use permit shall include the following and any additional
information as may be required by this chapter or the city manager
or designee:
A.
A detailed
narrative description of the proposed use to which the mobile home
park or a portion thereof is to be converted or the reason for the
closure or cessation of use of the mobile home park or a portion thereof.
B.
The
proposed timetable for the change of use and development, closure
or cessation of use of the site.
C.
A statement
from the applicant that the rent at the mobile home park shall not
be increased, unless as provided in a valid lease entered into prior
to filing an application for a change of use, for two years from the
date of the filing of the change of use application or until change
of use of the mobile home park, whichever is earlier.
D.
A report on the impact of the change of use of the mobile home park or a portion thereof on the residents of the mobile home park pursuant to Section 15.06.050, and a relocation plan addressing the availability of replacement housing for existing residents of the mobile home park pursuant to Section 15.06.060.
E.
The
application for a change of use permit shall include evidence of compliance
with the requirements of California Civil Code Section 798.56 and
California Government Code Section 65863.8 regarding notification
of the mobile home park residents and mobile home owners concerning
the proposed change of use.
F.
Documentation
satisfactory to the city manager or designee, including receipts and
other financial documents, demonstrating that the applicant has the
financial means to mitigate the impact of the change of use as provided
in the relocation plan.
No change of use permit application shall be deemed complete
and processing for consideration will not commence until all of the
required component parts of the permit application provided above
have been reviewed and approved as to their completeness by the city
manager or designee.
(Ord. 08-19 § 3)
Any applicant filing an application for a change of use permit
to convert a mobile home park or a portion thereof to another use
shall file a report on the impact of the change of use upon the residents
of the mobile home park. At a minimum, the impact report shall include
the following, as well as any other information deemed necessary and
appropriate by the city manager or designee:
A.
Detailed
information on the mobile homes and mobile home sites within the mobile
home park including, but not limited to, the following:
1.
The
total number of mobile home sites in the park and the number of sites
occupied;
2.
The
length of time each site has been occupied by the present resident(s)
thereof;
3.
Whether
each site is occupied by a mobile home owner or mobile home tenant;
4.
The
age, size, and type of mobile home occupying each site;
5.
The
monthly rent currently charged for each site, including any utilities
or other costs paid by the present resident(s) thereof; and
6.
The
name and mailing address of each mobile home owner and mobile home
tenant on three sets of gummed labels for the mailing of notice for
public hearings.
B.
A detailed
analysis of the impact of the change in use upon the displaced residents
of the mobile home park, including the availability of adequate mobile
home sites in comparable mobile home parks in the city and the immediate
surrounding area, and the estimated costs of moving a mobile home
and on-site personal property, and any direct or indirect costs associated
with a relocation to another mobile home park.
C.
A list
of the names, addresses, and telephone numbers of one or more relocation
consultants, with an explanation of the services the consultant will
perform at the applicant's expense for the residents to be displaced.
These services shall include, but not be limited to, assistance in
locating a suitable replacement mobile home park, coordination of
moving the mobile home and personal property, and any other tasks
necessary to facilitate the relocation to another comparable mobile
home park.
(Ord. 08-19 § 3)
A relocation plan for residents, excluding mobile home tenants,
of the mobile home park shall be submitted for review and approval
as part of the application for a change of use permit. The relocation
plan shall provide, at a minimum, the following:
A.
For
those mobile homes that can be physically relocated, the relocation
consultant shall work with the households to locate mobile home sites
in comparable mobile home parks within thirty miles of the city. The
relocation plan shall provide for the applicant to pay all reasonable
moving expenses to a comparable mobile home park within thirty miles
of the city to any nontenant resident who relocates from the mobile
home park after city approval of the change of use permit. The reasonable
costs of relocation and moving expenses shall include the costs of
relocating a displaced homeowner's mobile home, accessories, and on-site
personal property, including the costs for disassembly, removal, transportation,
and reinstallation of the mobile home and accessories at the new site,
and replacement or reconstruction of the garage, blocks, skirting,
porches, decks, awnings, storage sheds, or earthquake bracing, if
necessitated by the relocation; indemnification for any damage to
personal property of the nontenant residents caused by the relocation,
reasonable living expenses of displaced nontenant park residents from
the date of actual displacement to the date of occupancy at the new
site; and payment of any security deposit required at the new site.
When any resident has given notice of his or her intent to move prior
to city approval of the change of use permit, eligibility to receive
moving expenses shall be forfeited.
B.
The
relocation plan shall also identify those mobile homes that cannot
be relocated due to their physical condition or due to a lack of available
sites at comparable mobile home parks. The applicant shall be required
to offer to purchase any mobile home that cannot be relocated in conformance
with this chapter and to provide the nontenant resident with the option
of a replacement housing payment. The nontenant resident shall elect
whether to sell his or her mobile home to the applicant or whether
to receive a replacement housing payment from the applicant. The nontenant
resident may make this election after the purchase price for his or
her mobile home has been determined.
1.
Any
offer to purchase a mobile home will be made at its in-place market
value. Such value shall be determined after consideration of relevant
factors, including the value of the mobile home in its current location,
as well as the blocks and any garage, skirting, porches, decks, awnings,
storage sheds, and earthquake bracing, and assuming the continuation
of the mobile home park in its current condition, and not considering
the effect of the change of use on the value of the mobile home. If
the parties cannot agree as to the in-place market value of a mobile
home, a state-certified appraiser with experience in establishing
the value of mobile homes shall be selected by the relocation consultant,
and paid for by the applicant, to determine the in-place market value.
Should the applicant or the mobile home owner disagree with the appraised
value, each disagreeing party may request at his or her expense an
appraisal from a different state-certified appraiser. The in-place
market value shall then be the average of all of the appraisals. If
the mobile home owner is a disagreeing party, the cost of his or her
appraisal shall be advanced by the applicant and deducted from the
mobile home owner's relocation compensation. A nontenant resident
may accept the applicant's offer to purchase his or her mobile home
at any point prior to closure of the mobile home park or a portion
thereof. Upon acceptance of the applicant's offer to purchase the
mobile home, the nontenant resident shall transfer title for the mobile
home to the applicant.
2.
The
replacement housing payment shall be in the form of six months' free
site rent and utilities (assuming utilities are calculated separately
from rent) or their monetary equivalent or in any combination provided
the total value of the replacement housing payment equals six months'
free site rent and utilities. In calculating the six months' rent
amount, the applicant shall use the actual site rent in effect on
the date of the filing of the change of use application. In calculating
the six months' utilities amount, the applicant shall use the average
monthly amount of the utilities charged the nontenant resident for
the previous twelve months. Upon relocation of the nontenant resident,
title to the mobile home shall be transferred to the applicant. Agreement
to such transfer shall be a condition of receipt of the relocation
housing payment. Whether the nontenant resident opts to sell his or
her mobile home to the applicant or to accept the replacement housing
payment, the applicant shall be responsible for the reasonable costs
of the relocation of all of the nontenant resident's on-site personal
property.
C.
Notwithstanding subsections A and B of this section, and in order to facilitate a proposed change of use, a resident and applicant may agree to a mutually satisfactory relocation agreement. To be valid, however, such an agreement shall: (1) be in writing; (2) include a provision stating that the resident is aware of the provisions of this chapter; (3) include a copy of this chapter as an attachment; (4) include a provision in at least ten-point type which clearly informs the resident that it has the right to seek the advice of an attorney of its choice prior to signing the agreement with regard to its rights under such agreement; and (5) be drafted in the form and content otherwise required by applicable state law.
D.
The
relocation plan will also address how the applicant proposes to give
priority to those mobile home residents residing in the mobile home
park at the time the relocation plan is prepared in the leasing or
purchasing of housing at the former mobile home park site in the event
that the mobile home park or a portion thereof is converted to new
housing.
(Ord. 08-19 § 3)
In approving a change of use permit for a mobile home park or
a portion thereof, the city manager or designee or the city council
shall find that the application being reviewed meets the following
requirements in addition to the other requirements of this chapter:
A.
That
the residents of the mobile home park have been adequately notified
of the proposed change of use, including information pertaining to
the anticipated timing of the proposed change of use.
B.
That any nontenant residents displaced as a result of the change of use shall be compensated by the applicant for all adverse impacts created as a result of relocation in accordance with Section 15.06.060. The applicant must demonstrate the ability to satisfy this requirement as provided in Section 15.06.040(F).
(Ord. 08-19 § 3)
The city manager or designee or the city council shall impose
any necessary and appropriate conditions of approval to satisfy and
implement the intent, purpose, and content of this chapter. In addition,
any other necessary and appropriate conditions of approval to protect
the health, safety, and welfare of the residents of the city may be
imposed. In all cases, approval is conditioned on the applicant providing
all mobile home owners and residents within applicant's mobile home
park with at least six months' notice of intent to change the use
of the mobile home park or a portion thereof and relocate all mobile
homes after all city approvals.
(Ord. 08-19 § 3)
A.
Modification.
1.
After
a change of use permit has been approved and after the applicant has
executed a certificate of acceptance of the conditions of any approval,
the applicant may file a request for a modification of the conditions
imposed, including the additions or deletions of any condition. Modification
may be granted on the grounds that there has been a change in circumstances
or new information has come to light, which could not reasonably have
been known or considered at the time of the hearing(s) on the application.
No modification shall be granted unless it is consistent with the
requirements of this chapter.
2.
Any
application for modification shall be subject to the notice and hearing
procedures set forth in this chapter for a change of use permit. The
decision in connection with a modification request shall take place
in the same manner as the initial approval.
B.
Revocation.
1.
The
city manager or designee may initiate revocation proceedings on the
grounds that the mobile home park owner or applicant has violated
the provisions of this chapter or the terms of the approval of the
change of use. The city manager or designee shall specify in written
notice provided to the mobile home park owner the grounds asserted
for revocation of the approval of the change of use and shall set
a hearing before the city council to consider the revocation not sooner
than forty-five days and not later than sixty days after the written
notice is provided to the mobile home park owner.
2.
Notice
of a revocation proceeding shall be sent to the mobile home park owner
by certified mail, return receipt requested or personal delivery,
together with notice that any response by the mobile home park must
be filed at least twenty days prior to the date set for the revocation
hearing.
3.
The
city council shall render its findings and decision concerning revocation
within ninety days after initiating revocation proceedings.
(Ord. 08-19 § 3)
Appeal of any approval or disapproval made by the city manager
or designee under this chapter shall be to the city council. Any approval
or disapproval must be appealed by the applicant or any affected mobile
home park resident or mobile home owner within fifteen calendar days
of the date of the approval or disapproval. The city manager or designee
may refer an application directly to the city council.
(Ord. 08-19 § 3)
Noncompliance with the requirements of this chapter shall be considered a misdemeanor per Section 1.12.010 of this code.
(Ord. 08-19 § 3)
