This chapter may be referred to as the "Mobilehome Conversion Ordinance" of the City of Union City.
(Ord. 344-90 § 2, 1990)
As used in this chapter, the following words and phrases shall have the following meanings:
means a fact-gathering proceeding conducted by a Hearing Officer (a licensed attorney appointed by the City Manager) as follows:
Thirty calendar days written notice shall be given of all proceedings to the park owners and the residents thereof by first class mail; such notice shall also be posted in a public area within the mobilehome park;
The hearing shall be open to the public;
Oral and documentary evidence shall be received by the Hearing Officer from park owners and residents thereof;
The parties shall be permitted to examine and cross-examine witnesses as determined by the Hearing Officer;
The formal rules of evidence shall not apply, but all findings shall be on competent evidence;
The Hearing Officer shall have wide discretion to determine the order of proof and the presentation of evidence;
The proponent of an application, report or statement as provided in this chapter shall have the burden of producing substantial evidence in support thereof;
All proceedings shall be taped or stenographically recorded and the entire record shall be preserved for one year following final action on any application or request under this chapter;
All documents offered shall be preserved with the record whether or not the document was admitted to the record;
All findings shall be based on substantial evidence in the record;
All findings shall include a statement of the supporting evidence;
Written findings shah be prepared and signed by the Hearing Officer within fifteen calendar days after close of the hearing;
Review of the Hearing Officer's findings shall be sought as provided in Code of Civil Procedure 1094.5 and 1094.6 within ninety days after final action by the City except when the Hearing Officer's findings and decision are final as provided in this chapter;
The ninety day period of limitations provided in Code of Civil Procedure 1094.6 is hereby adopted for this chapter.
means a use of a mobilehome park for a purpose other than the rental, or holding out for rent of one or more mobilehome spaces to accommodate mobilehomes for human habitation. "Change of use" includes, but is not limited to, a change of a mobilehome park or any portion thereof to a condominium, stock cooperative, or any form of ownership wherein mobilehome spaces within the park are to be sold for residential use; or change to another residential use or to a commercial or industrial use; or the cessation of use of all or a portion of the mobilehome park, whether immediately or on a gradual basis; or the closure of the mobilehome park. The term "conversion" is synonymous with "change of use." However, the "change of use" or "conversion" of a rental mobilehome park to resident ownership or other form of ownership requiring the filing of a subdivision map shall be governed not only by this chapter and the other relevant provisions by Title 16, but also by the relevant provisions of Title 17 including specifically Chapter 17.85.
means homing which is comparable in floor area and number of bedrooms to the mobilehome to which comparison is being made, which homing meets the minimum standards of the Uniform Housing Code.
means any other mobilehome park substantially equal in terms of park amenities and rent.
means the date of one of the following actions authorizing a change of me, whichever first occurs: filing of an application for a General Plan amendment, rezoning, tentative map or conditional use permit.
means a mobilehome owner whose mobilehome was located in a mobilehome park on the earlier of the following: (i) the date of application for a change of use; (ii) the date of filing of a notice of determination that the park is undergoing a change of use, if such notice was filed.
means a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35970 of the Vehicle Code. Mobilehome includes manufactured home, as defined in Section 18007 of the Health and Safety Code, and a mobilehome, as defined in the Health and Safety Code but does not include a recreational vehicle, as defined in Section 799.24 of the Civil Code, or a commercial coach, as defined in Section 18001.8 of the Health and Safety Code, or factory-built housing, as defined in Section 19971 of the Health and Safety Code.
means a person who has a tenancy in a mobilehome park under a rental agreement, having the right to the use of a mobilehome space on which to locate, maintain and occupy a mobilehome, site improvements and accessory structures for human habitation, including the use of the services and facilities of the mobilehome park. Mobilehome owner does not include a person who is a resident in a mobilehome but who does not have a tenancy.
means any area or tract of land within the City of Union City where one or more mobilehome lots are rented or leased or held out for rent or lease to accommodate mobilehomes used for human habitation, but does not include any temporary trailer park or recreational trailer park, as defined in Chapter 16.08 of the Union City Municipal Code. The rental paid for any such mobilehome shall be deemed to include rental for the lot it occupies.
means the site within a mobilehome park intended, designed or used for the location or accommodation of a mobilehome and any accessory structures or appurtenances attached thereto or used in conjunction therewith; provided, however, that the term mobilehome space shall also include the term mobilehome in those cases, and in only those cases, in which an individual rents or leases both a mobilehome site and the mobilehome located on that site from the park owner.
means any owner, lessor or sub-lessor of a mobilehome park in the City who receives or is entitled to receive space rent under a rental agreement for the use or occupancy of any mobilehome space thereof, and the representative, agent, or successor of such owner, lessor or sublessor, and who is required to report to the Internal Revenue Service any income received or loss of income resulting from such ownership or claims any expenses, credits or deduction became of such ownership. Park owner does not include a mobilehome owner who rents out or subleases the mobilehome owned by such mobilehome owner.
is a person who occupies a mobilehome within a mobilehome park pursuant to a bona fide lease or rental agreement with the mobilehome owner, and who, during his or her tenancy, was not a member of the immediate household of the mobilehome owner.
means any person lawfully occupying a mobilehome, including a mobilehome owner, mobilehome tenant or member of the immediate household of the mobilehome owner or mobilehome tenant.
(Ord. 344-90 § 2, 1990; Ord. 550-99 § 1, 2000)
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 (including a tentative parcel map), or other application for the purpose of a change of use of a mobilehome park shall simultaneously file a conversion impact report with the Community Development Director, complying with the requirements of this section. No such application shall be considered or deemed completed or processed for consideration and approval unless and until such conversion impact report shall have been filed as required by this subsection.
B.
The conversion impact report shall contain the following information:
1.
The names and addresses of all mobilehome owners within the mobilehome park (including absentee mobilehome owners), as shown on the rental agreement applicable thereto, and the names and addresses of all mobilehome tenants as of the earlier of the following dates: (i) the date of application for change of use; (ii) the date of filing of a notice of determination that the mobilehome park is undergoing a change of use, if such a notice was filed prior to the application;
2.
The age, including date of manufacture, of each mobilehome within such park, including the type of mobilehome, width characteristics, size and number identifying the mobilehome space being occupied;
3.
A list of vacant mobilehome spaces in comparable mobilehome parks within a fifty mile radius of such park. The list shall contain a schedule of site rental rates for each mobilehome park listed, and criteria of the management of each mobilehome park for acceptance of mobilehome owners as new tenants and mobilehome tenants;
4.
A relocation plan, which will include a timetable for implementing the physical relocation of mobilehomes, implementation of relocation assistance, and date that conversion of the park to one or more uses will begin;
C.
A list of the names, addresses and mobilehome space identification numbers of all persons whose names are required pursuant to subdivision 1 of subsection B of this section shall be filed separate and apart from the conversion impact report. The application shall file such list with the Community Development Director not later than the date of application for change of use.
(Ord. 344-90 § 2, 1990)
A.
Not less than thirty days prior to the administrative hearing on the conversion impact report scheduled pursuant to Section 16.09.080(A), the applicant shall transmit to the mobilehome owner and the mobilehome tenant of each mobilehome occupying a mobilehome space within the park, a copy of this chapter and notices of the date, time and place of the administrative hearing on the conversion impact report and the information meetings or meetings required to be held pursuant to subsection D of this section.
B.
The copies of the conversion impact report, and notices of the administrative hearing and the informational meetings shall be transmitted by first class mail and shall be posted in a public area within the mobilehome park. Where more than one person occupies a mobilehome, notice need only be sent to the person or persons whose name or names appear on the rental agreement pertaining to that mobilehome space.
C.
Not less than fifteen days prior to the date of the administrative hearing, the applicant shall cause to be filed with the Community Development Director a verification that the applicant has complied with the requirements of this section pertaining to transmittal of copies of the conversion impact report and of the notices of the administrative heating on the conversion impact report and on the informational meeting or meetings.
D.
Not later than fourteen days prior to the scheduled administrative hearing on the conversion impact report, the applicant shall conduct not less than one informational meeting for the residents of the mobilehome park regarding the status of the application for conversion or the impending change of use, the timing of proposed relocation of residents, relocation benefits available, and the contents of the conversion impact report. The meeting shall be conducted on the premises of the mobilehome park. The applicant may conduct a series of meetings of groups of residents if a sufficient number are scheduled to accommodate all of the residents. The housing specialist or specialists designated in the conversion impact report shall be present at such meeting or meetings.
E.
Not less than five days prior to the administrative hearing on the conversion impact report, the applicant shall file with the Community Development Director a statement made under penalty of perjury that the applicant has complied with the requirements of subsection D of this section. Such statement shall state the date, time and place where such meeting or meetings was or were conducted.
(Ord. 344-90 § 2, 1990)
When an application for a change of use of a mobilehome park has been filed with the Community Development Director, the park owner shall advise each new resident who commences occupancy of a mobilehome within such park after the filing of such application, in writing, prior to commencement of such occupancy, that such application has been filed, and that the resident may not be entitled to any relocation assistance pursuant to Section 16.09.060. The park owner shall obtain a signed acknowledgement of each such resident indicating receipt of such information.
(Ord. 344-90 § 2, 1990)
A.
The applicant shall include within the conversion impact report a statement of relocation assistance which complies with the requirements of this section and that the applicant shall be responsible for providing such relocation assistance when the Planning Commission shall have determined that the conversion impact report complies with the requirements of this chapter except where and to the extent that such applicant shall have been exempted from any such requirement pursuant to Section 16.09.080.
B.
Relocation assistance shall consist of the reasonable costs of relocating each eligible mobilehome owner giving consideration to each of the following factors:
1.
The in-place value of each mobilehome, up to one hundred percent where necessary to mitigate hardship of the mobilehome owner, with the in-place value determined without consideration of the effect the change of use may have on the value of the mobilehome;
2.
The age, type, style, size and amenities of each mobilehome;
3.
The likelihood that each mobilehome will be accepted at another mobilehome park within a reasonable distance and consideration of the mobilehome owner's job location, medical facilities and other important facilities;
4.
The availability of housing for the mobilehome owner at a reasonable cost in new housing to be created on the conversion site and the displacement cost for the construction period, including housing and living expenses;
5.
All four of the above factors are to be utilized together with the object of mitigating the hardship on the mobilehome owner and avoiding economic waste for the mobilehome park owner.
C.
In order to facilitate the intentions of the mobilehome owners and an applicant for a change of use, the parties may agree to mutually satisfactory relocation assistance. To be valid, such an agreement shall be in writing, shall include a provision stating that the mobilehome owner 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 states the right to seek and the importance of obtaining an attorney's advice prior to signing the agreement, and shall be drafted in form and content otherwise required by applicable State law. No mobilehome owner signing a relocation assistance agreement provided for in this subsection may contest the adequacy of the conversion impact report at the hearing on such report. Any mobilehome owner signing such an agreement may rescind it in writing within ten days of signing it. Any such agreement which is procured by fraud, misrepresentation, coercion or duress, of any kind, shall be void and unenforceable.
D.
Services of Housing Experts. All eligible mobilehome owners, except for those not occupying mobilehomes within the mobilehome park, and all mobilehome tenants of eligible mobilehome owners shall be provided with the services of one or more housing experts to assist them in relocation to available and appropriate housing upon their request. Any such experts shall be familiar with the housing market, individual needs for housing types, and income and loan requirements of various types of housing. Such assistance shall include financial advice, the explanation of the various housing alternatives available, and transportation of residents who are unable to operate motor vehicles to the various housing alternatives. Language translators shall be made available when necessary. Any housing experts or language translators selected by the applicant shall be subject to the approval of the Community Development Director.
E.
Right of First Refusal–Below Market Rate Housing on Site. All eligible mobilehome owners and all mobilehome tenants of eligible mobilehome owners shall be provided with a right of first refusal to purchase housing to be constructed for sale on the site of the mobilehome park, or to lease or rent rental housing to be constructed for lease or rental on such site. Such persons shall also be entitled to first priority to purchase or rental of below market rate units which may be constructed on the site of the mobilehome park pursuant to the applicable program of the City if such persons are otherwise qualified for such housing.
F.
No benefits shall be provided to any person who is renting a mobilehome from the park owner (who owns the mobilehome) where such tenant shall have executed a written agreement with such park owner waiving his or her rights to any such benefits. No such waiver shall be valid unless it contains the text of this section, and unless such tenant shall have executed a written acknowledgment that he/she has read and understands his or her rights pursuant to this chapter and knowingly agrees to waive them.
G.
No waiver by an eligible mobilehome owner of any of his or her rights pursuant to this section shall be valid or effective for any purpose except with regard to a relocation assistance agreement as provided in this section.
(Ord. 344-90 § 2, 1990)
A.
Any person who files an application for change of use of a mobilehome park may, simultaneous with such application, file an application for total or partial exemption from the obligation to provide relocation assistance pursuant to Section 16.09.060.
C.
Any such application shall state that it is made on either or both of the following bases:
1.
That provision of relocation assistance would eliminate substantially all reasonable use or economic value of the property. Such basis may only be established if it is demonstrated that the imposition of such obligations would eliminate the reasonable use or economic value of the property for alternate uses, and that continued use of the property as a mobilehome park would eliminate substantially all reasonable use or economic value of the property for reasons not caused or contributed by the park owner or applicant;
2.
That a court of competent jurisdiction has determined in connection with a proceeding in bankruptcy that the closure or cessation of use of said property as a mobilehome park is necessary, and that such court has taken further action which would prohibit or preclude payment of relocation assistance benefits, in whole or in part.
D.
Any such application made pursuant to subdivision 1 of subsection C of this section shall contain, at a minimum, the following information:
1.
Statements of profit and loss from the operations of the mobilehome park for the most recent five year period from the date of the application or request, certified by a certified public accountant. All such statements shall be maintained in confidence as permitted by the California Public Records Act;
2.
If the applicant contends that continued use of the property as a mobilehome park necessitates repairs or improvements or both, and that the cost thereof makes continuation of the park economically infeasible, a statement made under penalty of perjury by a general contractor licensed as such pursuant to the laws of the State of California certifying that such contractor has thoroughly inspected the entire mobilehome park; that such contractor has determined that certain repairs and improvements must be made to maintain the park in a decent, safe and sanitary condition; the minimum period of time in which such improvements or repairs must be made; an itemized statement of such improvements and repairs; and the estimated cost thereof with the cost of repairs and improvements, if any, due to deferred maintenance separately identified. The applicant shall also submit a statement verified by a certified public accountant as to the necessary increase in rental rate of mobilehome spaces within the park within the next five years necessary to pay for such repairs or improvements. If the Community Development Director requires an analysis of the information submitted by the general contractor, the Director may procure the services of another such licensed general contractor to provide such written analysis, and the cost thereof shall be billed to and payment thereof shall be required from the applicant;
3.
The estimated total cost of relocation assistance which would otherwise be required to be provided pursuant to this chapter, which shall be based upon documented surveys, included with the application, of the available mobilehome spaces within a fifty mile radius of the mobilehome park, and the value of the mobilehomes in the park;
4.
An estimate of the value of the mobilehome park by a qualified real estate appraiser if the park were permitted to be developed for the change of use proposed in the application, and an estimate of the value of such park by such appraiser if use of the property as a mobilehome park is continued;
5.
Such other information which the applicant believes to be pertinent, or which may be required by the Community Development Director.
(Ord. 344-90 § 2, 1990)
A.
When a change of use determination has been made, or when an application has been filed for a General Plan amendment, rezoning, tentative map, or other application for the proposed change of use of a mobilehome park, the Community Development Director shall schedule an administrative hearing to be held on the conversion impact report, and on any application for exemption from relocation assistance obligations, in the manner provided in Section 16.09.020(A). Findings made by the Hearing Officer shall be delivered to the Planning Commission. The Hearing Officer shall make specific findings on the factors listed in Section 16.09.060(B).
B.
Based on the findings of the Hearing Officer, the Planning Commission shall make findings and a decision on the adequacy of the conversion impact report and any exemption application in conjunction with a public hearing on any General Plan amendment, rezoning, tentative map or other application for a change of use.
C.
The Planning Commission shall make one of the following findings on the conversion impact report based on the findings of the Hearing Officer:
1.
That the conversion impact report complies with the requirements of this chapter;
2.
That the conversion impact report does not comply with one or more requirements of this chapter. In such instance, the Planning Commission shall indicate in which respects the report does not comply with any such requirement. If the project is approved, the Planning Commission may condition such approval upon amendments to the Relocation Assistance Plan.
D.
Where an exemption from relocation assistance has been applied for based upon the impact of such assistance upon the reasonable use of the property pursuant to Section 16.09.070(C)(1), the Planning Commission shall make one of the following findings based on the findings of the Hearing Officer:
1.
That the applicant shall not be exempt from relocation assistance obligations because substantial evidence has not been shown that both of the following are true: that the continued use of the property as a mobilehome park would eliminate substantially all reasonable use of such property, and that the cost of relocation assistance benefits which would otherwise be required by this chapter for alternative uses would eliminate substantially all reasonable use or economic value of the property for such uses;
2.
That the applicant or owner shall be exempt from relocation assistance obligations, in whole or in part, because he/she has shown substantial evidence that continued use of the property as a mobilehome park would eliminate substantially all reasonable use or economic value of such property; that imposition of such obligations, in whole or in part, would eliminate substantially all reasonable alternative use or economic value of the property; and that relocation assistance is not feasible because such assistance is not capable of being accomplished in a successful manner within a reasonable period taking into account economic, environmental, social and technological factors. In making findings on an exemption application, the Hearing Officer and the Planning Commission may take into account the financial history of the mobilehome park, its condition and the condition of amenities and improvements thereon, the cost of any necessary repairs, improvements or rehabilitation of such park, the estimated cost of relocation assistance benefits, the fair market value of the property for the proposed alternative use, the fair market value of the property for continued use as a mobilehome park, and other pertinent evidence presented. In rendering its decision, the Planning Commission shall have the power to eliminate or waive all or portions of any type of benefit which would otherwise be applicable, if required by this section. The Commission shall expressly indicate in its decision any such waiver or elimination and the degree thereof, and a detailed explanation for the reasons therefor.
E.
Where an exemption from relocation assistance has been applied for based upon bankruptcy proceedings pursuant to Section 16.09.070(C)(2), the Planning Commission shall make one of the following findings based on the findings of the Hearing Officer:
1.
That the application or project shall be exempt from relocation assistance obligations, in whole or in part, because a court of competent jurisdiction has determined in connection with a proceeding in bankruptcy that the closure or cessation of use of said property as a mobilehome park is necessary, and because such court has taken further action which would prohibit or preclude payment of such benefits, whether in whole or in part. In rendering its decision, the Planning Commission shall have the power to eliminate or waive all or portions of any type of benefit to the extent necessary to comply with the judgment, order or decree of the court.
2.
That the applicant shall not be exempt from any relocation assistance obligations based upon any actions of a Court of Bankruptcy, because substantial evidence has not been shown that any such court has ordered the closure or cessation of use of said property as a mobilehome park, or that such court has prohibited or precluded the payment of any such benefits, or both.
F.
No application for an amendment to the General Plan or Zoning Ordinance, or approval of a tentative map, or conditional use permit for change of use of a mobilehome park shall be approved unless and until the Planning Commission shall have determined that the conversion impact report complies with the requirements of the chapter. The approval of an exemption from relocation assistance obligations shall have the effect of elimination of the requirement of such portion of the conversion impact report. If such conversion impact report is determined not to comply with the requirements of this chapter, the aforementioned application shall not be considered further unless and until the report is revised, an administrative hearing upon appropriate notice is conducted thereon, and the report is determined to be in compliance with the requirements of this chapter.
(Ord. 344-90 § 2, 1990)
A.
All decisions of the Planning Commission pursuant to this chapter are final and binding unless appealed to the City Council pursuant to provisions of the Union City Municipal Code.
B.
In conducting the hearing on any such appeal, the City Council shall be subject to all the provisions of this chapter on the same basis as the Planning Commission. Unless Council rules expressly otherwise, the hearing shall be de novo.
Any such appeal shall be heard in conjunction with any public hearing on any application for a General Plan amendment, rezoning, tentative map, or other application for a change of use. Notwithstanding any other provision of this Code to the contrary, any tentative map, or other application for a change of use shall be subject to review by the City Council, in the event an appeal is filed pursuant to this section.
C.
If no appeal is filed pursuant to this section, the decision and findings of the Planning Commission shall be final and binding notwithstanding the fact the City Council is reviewing the General Plan amendment, rezoning, tentative map, or other application for a change in use.
(Ord. 344-90 § 2, 1990)
After the date of determination that the conversion impact report complies with the requirements of this chapter, the applicant shall undertake or be responsible for performance of the following obligations, except to the extent that the Planning Commission may have exempted the application therefrom pursuant to Section 16.09.080:
A.
Not later than thirty days from the date of such determination, the housing specialist or specialists 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 or specialists shall give each resident and former resident eligible to receive relocation assistance written notice of his or her relocation assistance.
B.
Not less than thirty-five days prior to the date any eligible mobilehome owner is required to vacate the mobilehome park, any cash or monetary relocation assistance due by agreement or by plan shall be paid to such eligible mobilehome owner, or to any person, firm or corporation performing relocation related services for the resident, as the resident may direct. If the applicant elects to take title to a mobilehome pursuant to agreement or by plan, the mobilehome owner shall be required to submit to the applicant all documents necessary to transfer complete title and ownership of such mobilehome to the applicant, free and clear of all security interests, liens, or other encumbrances.
C.
Not more than six months from the date of such determination, any required appraisals of mobilehomes shall be completed. If any such appraisal is incomplete due to any act or omission of the park owner or applicant the otherwise required time for vacation of the mobilehome park by the residents affected by such delay shall be extended by ninety days. If any such appraisal is incomplete due to any act or omission of a mobilehome owner, the park owner or the applicant, as the case may be, shall give the owner of the mobilehome a written notice of such deficiency, which shall state that if the appraisal is not completed within thirty days of the notice, the appraisal of the park owner or applicant, as the case may be, shall govern. If the mobilehome owner does not complete such appraisal within such period, the required valuation of the mobilehome shall be based upon the appraisal of the park owner or applicant, as the case may be. In addition, not more than six months from the date of such determination, the applicant or park owner, as the case may be, shall enter into contracts with moving contractors necessary for the relocation of mobilehomes or personal property, or both.
D.
The date upon which any resident of the mobilehome park is required to vacate such park, or upon which any mobilehome owner 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 required relocation benefits.
E.
If the park owner or applicant on such applications specifically requests that any of the time limitations required by this section be modified, the Hearing Officer shall consider any such modification and evidence relating to the need therefor at the hearing on the conversion impact report. The Hearing Officer shall have the power to make modifications in such time limits, both in response to a request and on the Hearing Officer's own motion, in conjunction with any approval of a conversion impact report, as the Hearing Officer may deem just and reasonable.
(Ord. 344-90 § 2, 1990)
No building permit shall be issued for the development of any real property which has been, or is being converted from a mobilehome park pursuant to this chapter unless and until the applicant or the owner of the property, as the case may be, who is responsible for payment of any required monetary relocation assistance, shall have filed with the Community Development Director a verified statement made under penalty of perjury that relocation assistance payments required pursuant to this chapter have been paid. Such statement shall specify in itemized form each payee, the amount paid, the date of payment, and the type of relocation or other assistance for which each such payment was made.
(Ord. 344-90 § 2, 1990)
In the event there is an exercise of eminent domain by the City which has the effect of a change of use on one or more mobilehome sites, relocation assistance benefits shall be provided by the City to mobilehome owners pursuant to the provisions of this chapter or the law of eminent domain, whichever provides the maximum benefit.
(Ord. 344-90 § 2, 1990)
The City Council may by resolution establish reasonable fees to cover any costs incurred by the City in implementing this chapter, to 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. 344-90 § 2, 1990)
Any park owner or applicant who violates any rights of any mobilehome park resident established under this chapter shall be liable to the mobilehome park resident for the actual damages caused by such violation, plus costs and reasonable attorney's fees. The City may bring an action to enforce this section on behalf of any mobilehome park resident.
(Ord. 344-90 § 2, 1990)