A. 
A manufactured home park resident's (park resident) tenancy in a manufactured home park is substantively different than traditional apartment tenancy in that the park resident owns their manufactured home, while still being subject to space rents. To move a manufactured home is costly and difficult, and there may not be available spaces in other nearby manufactured home parks in which to relocate, resulting in the park resident having fewer options to move out of the park to find lower rents.
B. 
Manufactured home park owners (park owner), having made a business investment in the manufactured home park, have the right to receive a fair return on their property. Nonetheless, as a result of the unique tenancy circumstances of park residents, park owners should be subject to reasonable procedures in the imposition of space rents.
C. 
For these reasons, among others, the City Council finds and declares it necessary to provide a process whereby park residents are not subject to excessive rent increases, while at the same time recognizing the rights of park owners to receive a fair return and rental income sufficient to cover reasonable increases in the cost of repairs, maintenance, insurance, employee services, additional amenities, and other costs of operation.
D. 
Further, the intent of this chapter and its continued implementation is to:
1. 
Prevent excessive and unreasonable manufactured home park space rent increases;
2. 
Rectify the disparity of bargaining power that exists between owners of manufactured homes and owners of manufactured home parks;
3. 
Provide park owners with an annual "by-right" standard space rent increase; and
4. 
Provide a process for ensuring park owners a fair rate of return where the annual standard space rent increase does not provide a fair return.
(Ord. 90-38, 11/27/1990; Ord. 06-1 § 1, 2/28/2006; Ord. 15-6 § 1, 7/14/2015; Ord. 17-9 § 1, 7/11/2017)
"Appeal process summary"
means a document approved by the Community Development Director (Director) providing park owners and park residents with a summary of requirements related to the contents of a rent adjustment notice, and the right of the park resident to request a hearing before a hearing officer, pursuant to Section 6.02.120.
"Capital improvements"
means those new improvements which directly and primarily benefit and serve the existing residents by materially adding to the value of the park, with a life expectancy of three (3) years or more. Capital improvements must be completely new improvements, not a replacement of existing or previously existing improvements. Expansions of existing capital improvements may be eligible under this definition only if they are wholly new. Capital improvements that are required as a result of improperly deferred maintenance are not eligible capital improvements. The capital improvement must be permanently fixed in place or relatively immobile. New furniture, computer equipment, and televisions, or movable music systems are not capital improvements. Examples of capital improvements are:
1. 
Brand new buildings.
2. 
Physical expansions of existing buildings (additional square footage).
3. 
Brand new parking areas, sidewalks, or roads in addition to those previously available to residents.
4. 
Brand new trees or landscaping in addition to those previously available to residents.
5. 
New play areas, pools, laundry rooms, common areas, and bathrooms in addition to those previously available to residents.
Capital improvement costs eligible to be passed through to park residents may only be those which are directly attributable to the capital improvement itself and not those ancillary costs which do not on their own meet the definition of capital improvement. Work completed by an employee or long-term independent contractor of the park as part of their usual duties is not a permissible capital improvement.
Park owners must notify park residents and the Director of Community Development in writing of planned capital improvement work at least thirty (30) calendar days prior to the project being undertaken. This notification must contain the following information:
1.
A general description of the project to be undertaken; and
2.
The estimated start date; and
3.
The estimated cost of the project; and
4.
A statement that the park owner considers the project to meet the definition of capital improvement at this section.
The notification to the park residents may be mailed to each park resident or affixed to the main entry door of each park resident's manufactured home. This notification is for informational purposes only, and the park owner is not required to obtain approval from the park residents prior to the start of the capital improvement project. Failure to meet this requirement for notification will result in the park owner being prohibited from including the costs of the project in a future space rent increase based on Section 6.02.090(D)(1).
"Capital replacement"
means the substitution, replacement, or complete reconstruction of a piece of existing equipment, machinery, streets, sidewalks, utility lines, landscaping, structures, or recreational amenities or similar items within the manufactured home park which materially benefits and adds value to the park, with a life expectancy of three (3) years or more. Capital replacements must include the substitution or replacement of an entire portion of the existing equipment, machinery, streets, sidewalks, utility lines, landscaping, structures, or recreational amenities. Capital replacements that are required as a result of improperly deferred maintenance are not eligible capital replacements. Capital replacement items must be permanently fixed in place or relatively immobile. Furniture, computer equipment, televisions, or movable music systems are not capital replacements. Normal routine maintenance and repair is not capital replacement. Work completed by an employee of the park as part of their usual duties is not a permissible capital replacement cost.
Capital replacements generally occur as a planned activity, with a defined time period for completion of the project, and are completed by a long-term independent contractor. Examples of what constitutes a capital replacement, what is a repair, and what is routine maintenance are listed below.
CAPITAL REPLACEMENT
REPAIR
Replacement of an entire HVAC unit with a new unit
Replacing parts of an HVAC unit
Replacing the entire roof on a whole building
Repairing a portion of the roof
Replacing the entire pump system for a pool
Replacing parts in a pool pump
Planned replacement of an entire section of permanent landscaping with all new plants
Replacement of a few plants to address disease or damage
Replacing the entire plumbing system in a building
Repair of plumbing leaks
Replacement of existing streets
Slurry seal of streets
Replacement of a park monument sign with a completely new sign
Replacement of some portions of an existing monument sign
Replacement of windows on an entire building to increase security and energy efficiency
Replacement of a broken window
Replacement of an entire section of wall or fence
Repair of fallen brick, stones, or wood
Replacement of street signs, parking signs, or hazard signs
ROUTINE MAINTENANCE
Interior or exterior painting
Replacement of light bulbs
Landscape services, street sweeping, pool cleaning, janitorial services
The cost of a capital replacement for which a park owner is covered under insurance is not eligible as a capital replacement.
Park owners must notify park residents and the Director of Community Development in writing of planned capital replacement work at least thirty (30) calendar days prior to the project being undertaken. This notification must contain the following information:
1.
A general description of the project to be undertaken; and
2.
The estimated start date; and
3.
The estimated cost of the project; and
4.
A statement that the park owner considers the project to meet the definition of capital replacement in this section.
The notification may be mailed to the park resident or affixed to the main entry door of each park resident's manufactured home. This notification is for informational purposes only and the park owner is not required to obtain approval from the park residents prior to the start of the capital replacement project. Failure to meet this requirement for notification will result in the park owner being prohibited from including the costs of the project in a future space rent increase based on Section 6.02.090(D)(1).
"Chapter"
means all sections of this chapter.
"CPI"
means the Consumer Price Index (all items) prepared by the Bureau of Labor Statistics for the Los Angeles-Riverside-Orange County area relating to all urban consumers, published each year in July for the preceding twelve (12) months. If the method of calculating the CPI is substantially revised after the adoption of the ordinance codified in this chapter, the method in effect upon adoption of such ordinance shall continue to be used, or the revised CPI shall be adjusted by the Finance Director of the City to correspond to such method.
"Government-required services"
means services required by governmental agencies which are new or which are in addition to those services legally required to be provided by the park owner or the park resident of the park on August 1, 1990. Such services include fees, bonds, assessments, and charges legally levied by an agency of the federal, state, or local government upon the park owner. Examples of allowable costs include, but are not limited to, property taxes, City or county fire district fees, City or county vector control fees, or City or county park district fees. Such services do not include predictable expenses for operation of the park, such as common area utilities, expenses, or expenses which maintain the safe and healthful use of the park facilities.
"Lease"
means an agreement between the park owner and the park resident establishing terms and conditions of a tenancy which includes a predetermined fixed space rent increase applied for a predetermined length of time longer than one (1) month.
"Manufactured home"
shall be synonymous with the term "mobilehome," and means a structure designated or designed for human habitation, transported over the highways to a permanent occupancy site, and installed on the site either with or without a permanent foundation. The term "manufactured home" does not include either a recreational vehicle or a commercial coach, as such terms are defined in the Health and Safety Code.
"Manufactured home park" and "park"
shall be synonymous with the term "mobilehome park," and mean an area of land where two (2) or more manufactured home spaces are rented or leased out for owner-occupied manufactured homes used as residences. The term "manufactured home park" does not include developments which sell lots for manufactured homes or which provide condominium ownership of such lots, even if one (1) or more homes in the development are rented or leased out.
"Manufactured home park owner" or "park owner"
mean the owner, lessor, operator, manager, or designated agent thereof of a manufactured home park in the City of Santa Clarita.
"Rental agreement"
means an agreement between the park owner and a park resident establishing the terms and conditions of a month-to-month tenancy.
"Space rent"
means the consideration, including any bonus, benefits, or gratuities, demanded or received for or in connection with the use or occupancy of a manufactured home within a manufactured home park. The use and occupancy of a rental unit shall include the exercise of all rights and privileges and use of all facilities, services, and amenities accruing to the park residents thereof for which a separate fee authorized by the Mobilehome Residency Law (California Civil Code Section 798, et seq.) is not charged. Nothing herein shall be construed to prevent a park owner from establishing such fees as may be authorized by the Mobilehome Residency Law. Space rent shall not include utility charges for utility services, including gas, electricity, and/or sewer service provided to an individual manufactured home residence (as opposed to the park in general) where such charges are billed to such a resident separately from the space rent, and such charges are limited to the actual value of the utility service provided in the individual residence.
(Ord. 90-38, 11/27/1990; Ord. 06-1 § 1, 2/28/2006; Ord. 15-6 § 1, 7/14/2015; Ord. 17-9 § 1, 7/11/2017)
A. 
General. The provisions of this chapter shall apply to all manufactured home park sites.
B. 
Leases. The provisions of this chapter shall not apply to tenancies covered by a lease agreement in existence at the time this chapter becomes effective. This exemption shall apply only for the duration of the lease. Upon the expiration or termination of such lease, this chapter shall automatically become applicable to the tenancy. Spaces not covered by such a lease and not exempt from this chapter by state law (inclusive of Civil Code Section 798.17) shall be deemed to be spaces regulated by this chapter. Residents who enter into a lease meeting the terms of Civil Code Section 798.17, which includes leases in excess of twelve (12) months, either when moving into the park or as a current tenant, shall be subject to the terms of their lease and not the terms of this chapter as required by state law.
(Ord. 90-38, 11/27/1990; Ord. 91-24, 6/11/1991; Ord. 96-8, 1/23/1996; Ord. 06-1 § 1, 2/28/2006; Ord. 15-6 § 1, 7/14/2015; Ord. 17-9 § 1, 7/11/2017)
A. 
Appeals shall be heard by an impartial Hearing Officer. A Hearing Officer selected by the City Council, consistent with the City's request for qualifications process undertaken by City staff, shall consider and decide appeals for rental increases. The Hearing Officer shall be assigned to hear the appeal by the Director within a reasonable period of time after the Director has accepted an appeal petition as complete. The Hearing Officer shall have knowledge of and experience with generally accepted accounting principles, and meet one (1) of the following criteria:
1. 
Completion of a Juris Doctor or equivalent degree from a school of law, and experience in arbitration, mediation, or conflict resolution which provides that person with the knowledge and skills to conduct a manufactured home space rent hearing in a professional and successful manner; or
2. 
Possession of the knowledge and skills to conduct a rent increase hearing, and completion of at least three (3) rent increase appeal proceedings that involved issues similar to those raised in space rent appeals.
B. 
Guidelines, Rules, and Regulations. The City Council may from time to time adopt by resolution such guidelines as it deems necessary to assist and direct the Hearing Officer in the accomplishment of his or her duties.
C. 
Staff. The City Manager shall provide all administrative staff necessary to serve in the conduct of appeal hearings. Staff from the Department of Community Development shall be responsible for the maintenance of all records related to appeal hearings. A record of all hearings shall be kept and shall be open for inspection by any member of the public. The City Attorney or the designee of the City Attorney shall act as legal counsel for the City in all appeal hearings.
(Ord. 90-38, 11/27/1990; Ord. 06-1 § 1, 2/28/2006; Ord. 15-6 § 1, 7/14/2015; Ord. 16-3 § 1, 2/23/2016; Ord. 17-9 § 1, 7/11/2017)
A. 
Registration. Park owners must register all manufactured home parks and manufactured home rental spaces within such parks with the Department of Community Development. The registration shall include all of the following:
1. 
All information requested on forms sent by the City to the park owner for the purpose of registration; and
2. 
A rent roll for the month immediately preceding the registration, reflecting the space number, resident name, space rents, and a listing of all other charges paid by the park resident, including:
a. 
Utilities not included in space rent;
b. 
Any amortized capital improvement or capital replacement charges; and
c. 
Any other monthly fees as may be required of the park resident.
B. 
Re-registration. The Department of Community Development is hereby empowered to require such re-registration as it deems necessary.
C. 
Applicability. The registration requirements provided for in this section, or which may be established by the Department of Community Development, shall apply to all manufactured home parks, including those exempt from the space rent ceiling limitations and procedures in the chapter by reason of the existence of a valid space rent agreement.
(Ord. 90-38, 11/27/1990; Ord. 06-1 § 1, 2/28/2006; Ord. 15-6 § 1, 7/14/2015; Ord. 17-9 § 1, 7/11/2017)
A. 
Establishment of Fee. Park owners shall pay to the City of Santa Clarita a registration fee for each manufactured home rental space regulated by this chapter within the park as may be established by resolution of the City Council. Half of the fee paid for each space may be charged to the park resident occupying that space by a separately specified one (1) time charge on a space rent bill within sixty (60) calendar days after the fees have been paid to the City. The registration fee shall not apply to parks and spaces exempt from the payment of fees by state law (inclusive of Civil Code Section 798.17).
B. 
Penalty. If a park owner does not pay the fee provided for in subsection (A) of this section within the time period established therein, a late charge shall be assessed in an amount as established by resolution of the City Council.
C. 
Unpaid Fees. No appeal hearing shall be scheduled or take place regarding a park until that park's registration fees (including any penalties) are current. Failure to pay a City registration fee is not grounds for a space rent adjustment appeal.
D. 
Purpose of Fee. The registration fee provided for by this section is intended to defray any reasonable and necessary costs associated with the administration of the regulations contained in this chapter.
E. 
Accounting of Funds. The Director of Community Development is directed to maintain an accurate accounting of all direct and indirect costs of administering the regulations contained in this chapter. The Director shall submit to the City Manager a report of such costs at least annually.
(Ord. 90-38, 11/27/1990; Ord. 96-8, 1/23/1996; Ord. 06-1 § 1, 2/28/2006; Ord. 15-6 § 1, 7/14/2015; Ord. 17-9 § 1, 7/11/2017)
A. 
Effective Date. No park owner shall charge space rent for any manufactured home space in an amount greater than the space rent in effect on August 1, 1990, except as permitted pursuant to the provision of this chapter.
B. 
Exemption. If a park space is exempt from the application of the space rent limitation or registration fee portion of this chapter by reason of the existence of a space rent agreement and this agreement expires, the space rent limit for that space shall be the space rent in effect on the date immediately preceding the date on which the agreement expires.
(Ord. 90-38, 11/27/1990; Ord. 06-1 § 1, 2/28/2006; Ord. 15-6 § 1, 7/14/2015; Ord. 17-9 § 1, 7/11/2017; Formerly 6.02.080)
A. 
Notice. Prior to the annual space rent adjustment, the park owner shall provide the City and each park resident with a notice of proposed rent adjustment. The notice shall be provided to each park resident no later than October 1st, to be effective either on January 1st of the following year or on the resident's anniversary date following January 1st.
B. 
The annual space rent adjustment notice (notice) and the documents in support of any increase, as specified in subsection (F) of this section, shall be provided to the City, as set forth in subsection (I) of this section, for a preliminary review no later than September 1st for any increase proposed to be effective January 1st of the following year or on the resident's anniversary date following January 1st.
C. 
Contents of Notice. All space rent adjustment notices shall contain all of the following information:
1. 
A listing of all affected spaces including space number and name only. The amount of the space rent shall not be included in the listing. Affected spaces include all those spaces being notified of a proposed space rent adjustment; and
2. 
A copy of the current summary of this chapter. The summary will be provided annually to the park owner by the City for inclusion in the notice.
D. 
Standard Space Rent Adjustments. For a space rent adjustment which is based on Section 6.02.090(C)—Standard Space Rent Adjustments:
1. 
A statement that the park owner considers that portion of the space rent adjustment to be consistent with the limitations set forth in Section 6.02.090(C);
2. 
The amount of that park resident's space rent adjustment both in dollars and as a percentage of existing rent;
3. 
The amount of the park resident's space rent adjustment attributable to an increase in government-required services in dollars. Documentation for that increase must be provided to the park residents and City, consistent with subsection (F) of this section; and
4. 
The amount of the park resident's space rent adjustment attributable to an increase in utility costs in dollars. Documentation for that increase must be provided to the park residents and City, consistent with subsection (F) of this section.
E. 
Nonstandard Space Rent Adjustments. For a space rent adjustment which is based on Section 6.02.090(D)—Nonstandard Space Rent Adjustments:
1. 
A statement that the park owner considers that portion of the space rent adjustment to be consistent with the limitations set forth in Section 6.02.090(D);
2. 
The amount of that park resident's space rent adjustment both in dollars and as a percentage of existing rent; and
3. 
Information supporting the level of nonstandard space rent adjustment proposed. Such information must include the following:
a. 
Increases based on Section 6.02.090(D)(1): Specific reference to the amortization time period assigned to each capital improvement or capital replacement as provided for in Section 6.02.110(A) and any interest costs being included;
b. 
Increases based on Section 6.02.090(D)(2): The mathematical calculations or summary of the analysis relied upon by the park owner to determine a fair rate of return and the amount of the proposed nonstandard space rent adjustment to yield that fair rate of return, as provided for in Section 6.02.090(D)(2); and
c. 
A statement informing the park resident that the supporting documentation for the nonstandard space rent adjustment will be available to park residents at the park management office during all normally observed office hours beginning the same day the notice is provided.
F. 
Supporting Documentation. The supporting documentation for a nonstandard space rent adjustment shall be kept in the park management office for at least forty-five (45) days, beginning on the date of the notice of the proposed rent increase, and will be available for review by affected park residents during all normally observed office hours. In cases where a space rent appeal petition has been submitted which meets the criteria set forth at Section 6.02.120, the supporting documentation shall remain available until a final determination is made on the appeal. The park owner shall provide a copy of the supporting documentation to the City Clerk's office when it is first made available in the park management office so that affected park residents may also review the documentation at City Hall.
G. 
During the periods described above, copies of all supporting documents will be provided to affected park residents upon request. A park resident may request the documentation in one (1) or both of the following formats:
1. 
Physical copies shall be provided at a fee set by the park owner, not to exceed twenty-five cents ($0.25) per page; and
2. 
Electronic copies shall be provided free of charge, in a PDF or similar format, as an email attachment sent to the requesting park resident's email address.
H. 
The notice will contain a space for the park resident to sign, attesting that they have received the notice. The original of the signed document, acknowledging receipt of the notice required by this section, shall be retained by the park owner and a copy thereof provided to the park resident. In the event a park resident fails or refuses to sign the notice as required herein within ten (10) days after the park owner's request that the tenant do so, the park owner shall prepare a declaration, under penalty of perjury, stating that the notice required by this section has been delivered to the park resident, the date the park owner requested the park resident to sign the joint document acknowledging receipt, and the date the declaration was executed.
I. 
Submission of Annual Space Rent Adjustment Notices to Community Development Department.
1. 
If a park owner intends to notice a rent adjustment at its park for the upcoming year, the notice and all supportive documents for the increase required in subsection (F) of this section must first be provided to the Community Development Department on or before September 1st, for a preliminary review for consistency with the requirements of this chapter. Staff will have until September 15th, or the Monday following that date, to notify a park owner of any notice deficiencies that should be corrected.
2. 
If a park owner wants to appeal the City's determination regarding deficiencies in the notice, the park owner may appeal to the Hearing Officer by not correcting the notice, but including in the notice sent to the park residents a statement as to which portions of the notice the City considers deficient and why the park owner disagrees with the City's determination. If such an appeal is made, the notice must still be delivered to the park residents by the deadline set forth in subsection (A) of this section. The City's determination with respect to the preliminary review of the notice does not preclude any challenge or appeal of any portion of the notice or proposed rent adjustment by the park residents. The Hearing Officer will resolve any appeals by park residents, as well as any disputed matters between the City and the park owner at the same hearing.
(Ord. 90-38, 11/27/1990; Ord. 91-24, 6/11/1991; Ord. 96-8, 1/23/1996; Ord. 97-8, 5/13/1997; Ord. 06-1 § 1, 2/28/2006; Ord. 15-6 § 1, 7/14/2015; Ord. 17-9 § 1, 7/11/2017; Formerly 6.02.090)
A. 
Frequency. The annual space rent adjustment may occur only once every calendar year.
B. 
Annual Space Rent Adjustment Methods. Any annual space rent adjustment shall utilize the following methods: (1) an annual space rent adjustment based on subsection (C) of this section, Standard Space Rent Adjustments; and/or (2) an annual space rent adjustment based on subsection (D) of this section, Nonstandard Space Rent Adjustments.
C. 
Standard Space Rent Adjustments. The following adjustments in rent shall be permitted by right and may not be appealed except in the situations specified in Section 6.02.120(C). This adjustment shall be calculated using the Consumer Price Index (CPI) reported each July for the previous twelve (12) month period of July 1st through June 30th reported by the Bureau of Labor Statistics for the Los Angeles-Riverside-Orange County area.
1. 
An adjustment of space rent not to exceed the lesser of the annual adjustment in the CPI reported each July for the previous twelve (12) month period of July 1st through June 30th reported by the Bureau of Labor Statistics for the Los Angeles-Riverside-Orange County areas or five percent (5%). In such cases where the CPI is at or below zero percent (0%), a reduction in space rent is not required;
2. 
An adjustment based on the actual increase in the cost of government-required services; and
3. 
An adjustment based on the actual increase in utility costs where such utilities are included in the space rent.
The Director of Community Development or designee, annually, will receive the CPI updated result and cause notice of such to be mailed to each park owner and park resident in the City. Such standard space rent adjustments will be calculated on the space rent only, and will not be calculated on monthly costs related to amortized capital improvements or capital replacements, utilities, or other costs not part of the space rent.
D. 
Nonstandard Space Rent Adjustments. A nonstandard space rent adjustment may be based on any of the following:
1. 
An adjustment, prorated equally among all the spaces in the park, to pay for the actual costs of capital improvement or capital replacement, as defined in the definitions section of this chapter, which were incurred within the twenty-four (24) months prior to the date of the notice, and are not otherwise disallowed by state law. Costs must be amortized as permitted in Section 6.02.110. The interest costs incurred to finance the capital improvement or capital replacement may be included in the total amount amortized. If such interest costs are included, they may not exceed those amounts which are based on commercially available rates for financing obtained from outside sources or the Wall Street Journal prime rate for funds borrowed internally; and/or
2. 
An adjustment, prorated equally among all the spaces in the park, designed to provide the park owner with a fair and reasonable rate of return on investment. This adjustment must be supported by:
a. 
An explanation of how the park owner has determined what it considers to be a fair rate of return. This explanation could include, but is not limited to, documents supporting the prevailing standards for a rate of return on investments in manufactured home parks, or other similar investments; and
b. 
A financial analysis of the proposed rent increase showing information that demonstrates that the proposed increase is necessary to receive a fair rate of return.
c. 
In reviewing a fair rate of return increase, the Hearing Officer shall determine what is fair and reasonable under the circumstances, taking into account all relevant factors, which may include the following nonexclusive list of factors:
i. 
Debt Service Costs. Where such costs are limited to increases in interest payments from those interest payments made during the base year which result from one (1) of the following situations, or the equivalent thereof:
(A) 
Refinancing of the outstanding principal owed for the acquisition of a park where such refinancing is mandated by the terms of a financing transaction made on commercially available terms, e.g., termination of a loan with a balloon payment; or increased interest costs incurred as a result of a variable interest rate loan used to finance the acquisition of the park on commercially available terms; or
(B) 
Increases in rental payments made on leases of land, and under such circumstances, the park owner may include as expenses an amount not to exceed the increase in such land lease rental payments occurring since the previous rental adjustment for the park where such increase in land lease rental payments is the result of inflation or the decrease in space rental income, or based on other terms documented in writing. Such increased land lease rental obligations shall be permitted only where the park owner can show that the terms of the lease are reasonable and consistent with prudent business practices under the circumstances. In refinancing, increased interest shall be permitted to be considered as an operating expense only where the park owner can show that the terms of the refinancing were reasonable and consistent with prudent business practices under the circumstances.
ii. 
The rental history of the manufactured home park, including:
(A) 
The presence or absence of past increases;
(B) 
The frequency of past rent increases and the amounts;
(C) 
The park owner's response to any cost reduction measure; and
(D) 
The occupancy rate of the manufactured home park in comparison to comparable units in the same general area.
iii. 
The physical condition of the manufactured space or the park of which it is a part, including the quantity and quality of maintenance and repairs performed during the last twelve (12) months.
iv. 
Any increases or reduction in services during the twelve (12) months prior to the effective date of the proposed rent increase.
v. 
Existing space rents for comparable spaces in comparable parks, with consideration given to the comparable quality of the park amenities and services.
vi. 
A fair return on investment prorated among the spaces of the park.
vii. 
Other financial information in support of the increase.
viii. 
The cost of capital replacement(s) or capital improvement(s) as defined in subsection (D)(1) of this section.
E. 
Duplication of Costs. An amortized capital improvement or capital replacement cost imposed as part of a nonstandard space rent increase permitted in subsection (D)(1) of this section may not be used in the calculation of a subsequent annual increase to recover a fair and reasonable return on the property as permitted in subsection (D)(2) of this section. Conversely, a cost used in the calculation of an increase imposed as part of a nonstandard increase permitted in subsection (D)(2) of this section may not be used in a subsequent annual increase as an amortized cost provided for in subsection (D)(1) of this section. Furthermore, costs that are not permitted to be passed on to the park residents under state law shall not be permitted in any rent increase.
(Ord. 15-6 § 1, 7/14/2015; Ord. 17-9 § 1, 7/11/2017)
A. 
Standard Space Rent Adjustments. In the case of a standard space rent adjustment, an appeal may only be brought in the situations outlined in Section 6.02.120(C). In making a determination, the Hearing Officer may consider all relevant information and may request any such information or documentation as deemed necessary, including but not limited to:
1. 
Verbal testimony;
2. 
Copies of bills, invoices, or statements;
3. 
Copies of receipts or checks;
4. 
Other documents supporting the level of increase proposed.
B. 
Nonstandard Space Rent Adjustments. In making a determination on the appeal of a nonstandard space rent adjustment, the Hearing Officer may consider all relevant information, including but not limited to:
1. 
Verbal testimony;
2. 
Copies of documents made available to the park residents as part of the noticing requirement, outlined in Section 6.02.080(F);
3. 
Other documents supporting the level of increase proposed.
C. 
Burden of Proof. The burden is on the park owner to provide sufficient information and documentation to support the level of increase proposed in a nonstandard increase. The Hearing Officer will have the authority to determine the sufficiency of the information and documentation provided, and to request, as deemed necessary, additional documentation to assist in making a determination.
(Ord. 15-6 § 1, 7/14/2015; Ord. 17-9 § 1, 7/11/2017)
A. 
For the purpose of determining any rent adjustment permitted under the provisions of this chapter, the cost of capital improvements or capital replacements shall be amortized, according to the following schedule, for those items listed. For items meeting the definition of capital improvement or capital replacement herein, but not listed on the amortization schedule, the amortization period shall be consistent with that prescribed by federal law for depreciation.
Type of Improvement or Replacement
Amortization Period
Backflow device
10 years
Carpeting
5 years
Copier
6 years
Copper pipes
10 years
Drapes
5 years
Gas barbecue
3 years
Gas line
15 years
Gas valve and fire hydrant
10 years
Heater motor
5 years
Houses
30 years
Light fixtures
5 years
Linoleum floor
5 years
Oven
6 years
Patio furniture
5 years
Pool heater
5 years
Pump
5 years
Refrigerator
6 years
Roofing
18 years
Security fence
5 years
Sewer line construction
15 years
Solar system
10 years
Telephone system
6 years
Water heater
10 years
Water softener
5 years
B. 
Space Rent Invoice Documentation. Any amortized capital improvement or capital replacement cost imposed as part of a nonstandard space rent adjustment must be clearly marked on the space rent invoice, or on another document included with the space rent invoice, with the name of the capital improvement or capital replacement, the monthly amount, and the date the cost will expire.
C. 
Amortized Costs Not Removed. A request for a hearing based on an amortized cost not removed in a timely manner may be part of the appeal petition of an annual space rent adjustment, or as a separate item. If an appeal petition based on an amortized cost not removed in a timely manner is submitted outside the annual space rent adjustment appeal process, it must meet the requirements of Section 6.02.120(D) through (G). If the Hearing Officer determines that an amortized cost was not removed in a timely manner, resulting in overpayment by the park residents, the Hearing Officer may require the amortized cost to be removed, and may require the park owner to reimburse affected park residents the amount of overpayment, subject to any limitations imposed by law at the time of the Hearing Officer's decision.
(Ord. 90-38, 11/27/1990; Ord. 92-11, 9/8/1992; Ord. 06-1 § 1, 2/28/2006; Ord. 15-6 § 1, 7/14/2015; Ord. 17-9 § 1, 7/11/2017; Formerly 6.02.140)
A. 
Time Limits. A petition requesting an appeal hearing for an annual space rent adjustment as allowed for in this chapter must be filed with the Department of Community Development within forty-five (45) calendar days of service of the notice of proposed space rent adjustment, or forty-five (45) calendar days from the date of the space rent increase if no notice is received, whichever occurs earlier.
B. 
Insufficient Notice. Appeals may be filed for either standard or nonstandard space rent adjustments based on the claim that a notice is insufficient because it does not meet the requirements of Section 6.02.080. However, if no appeal petition meeting the requirements of this section is received, or if the appeal petition does not identify insufficiency of the notice as a cause for appeal, the notice will be considered valid and sufficient.
C. 
An appeal may not be filed and will not be heard for a standard space rent adjustment based on Section 6.02.090(C), except for one (1) or more of the following reasons:
1. 
The CPI percentage adjustment proposed in the notice is above the actual CPI percentage provided in the City's most recent notice to the park residents and park owners;
2. 
The increased costs of government-required services or utility costs in the proposed space rent adjustment are greater than the actual costs incurred by the park owner; and
3. 
A notice that is not substantially in conformance with the requirements of Section 6.02.080.
D. 
Appeal Request Form. Appeal petitions must be submitted on an appeal request form obtained from the Community Development Department. All pages of the form must be complete, and the petition signature page must contain signatures from residents of at least thirty-three percent (33%) of the spaces regulated by this chapter and affected by the proposed space rent adjustment. Individuals signing the space rent petition must be those listed on the park rent roll or named as the owner on the state registration of the manufactured home on that space. Signatures of individuals not meeting at least one (1) of those criteria will not be counted toward the thirty-three percent (33%) requirement.
E. 
Appeal Justifications. The appeal petition must contain all causes for appeal when it is submitted. Additional causes for appeal may not be added to the petition after the petition has been submitted.
F. 
Park Owner Notification. The City will provide a full copy of the request for appeal package to the park owners within ten (10) calendar days of submission of a complete appeal package to the Department of Community Development.
G. 
Determination by Director of Community Development. It shall be the sole discretion of the Director of Community Development to determine if the basis upon which the request for appeal is filed meets the criteria set forth in this section. No hearing will be scheduled unless such a determination is made. Only if the Director determines that the request for appeal meets the criteria of this chapter will a hearing be scheduled. However, the Director's determination that the request for appeal meets the criteria set forth in this chapter does not eliminate the park owner's right to challenge during an appeal hearing the validity of the petition or assertions made in the petition during the appeal process.
1. 
If the Director determines that a request for appeal does not meet the criteria set forth in this section, the Director shall cause the park owner or other person designated on the park's registration and the affected park residents to be notified. Such notice shall be mailed, first-class postage prepaid, within fifteen (15) calendar days of the submission of the appeal petition; and
2. 
If the Director determines that a request for appeal meets the criteria set forth in this section, he shall cause the park owner or other person designated on the park's registration and the affected park residents to be notified of the time, date, and place of the hearing. Such notice shall be mailed, first-class postage prepaid, at least fifteen (15) calendar days prior to the scheduled hearing date.
(Ord. 15-6 § 1, 7/14/2015; Ord. 17-9 § 1, 7/11/2017)
A. 
Manufactured Home Sale. Notwithstanding any other provision of this chapter, if a manufactured home is voluntarily vacated by all tenants as a result of a sale of the manufactured home to a new owner, and the manufactured home is not removed from the site, then the rent may be increased by an amount not to exceed ten percent (10%). The rent may only be increased pursuant to this section once in any twelve (12) consecutive-month period, regardless of additional changes in ownership. A change in ownership increase does not preclude an annual space rent adjustment in the same calendar year, so long as all noticing requirements as set forth in Section 6.02.080 are observed.
B. 
Notice to Prospective Manufactured Home Buyer. As required in California Civil Code Section 798.74.5, within two (2) business days of receiving a request from a prospective homeowner for an application for residency for a specific space within a manufactured home park, if the management has been advised that the manufactured home occupying that space is for sale, the management shall give the prospective homeowner a copy of the state-required document entitled "INFORMATION FOR PROSPECTIVE HOMEOWNERS," which will include the space rent for the prospective manufactured home buyer.
C. 
Notice to Manufactured Home Seller. The park owner will also provide a copy of "INFORMATION FOR PROSPECTIVE HOMEOWNERS" to the park resident selling their manufactured home. It shall be the responsibility of the current manufactured homeowner selling the manufactured home to verify that the proposed space rent for the prospective buyer of their manufactured home does not exceed the increase allowed in this section.
D. 
Remedy. If a park resident seller or prospective manufactured home park buyer believes that the park owner is exceeding the permitted ten percent (10%) increase on space rent for a change in ownership, the party may seek any judicial remedy provided by law to enforce this section.
(Ord. 15-6 § 1, 7/14/2015; Ord. 17-9 § 1, 7/11/2017)
No park owner shall reduce or eliminate any service to any rental space unless a proportionate share of the cost savings, due to such reduction or elimination, is simultaneously passed on to the park resident in the form of a decrease in existing rent or a decrease in the amount of a rent increase otherwise proposed and permitted by this chapter. In any case where the Hearing Officer determines that a reduction in services has effectively resulted in an increase of rent without notice thereof, the Hearing Officer may either order the park owner to fix, repair, or otherwise cure the reduction in services, or reduce the rent owed to the park owner in an amount that will compensate the park resident for such reduction in services.
(Ord. 17-9 § 1, 7/11/2017)
If a space becomes vacant by virtue of there being no manufactured home situated on the space, or the manufactured home on the space is owned by the park owner and the space has not been rented to a resident for at least thirty (30) calendar days, the space rent may be increased to a rate as determined by the park owner at the time the space is initially rented to a new manufactured home owner. Once the space is rented to a new manufactured home owner, all other controls in this chapter shall become effective.
(Ord. 15-6 § 1, 7/14/2015; Ord. 17-9 § 1, 7/11/2017)
A. 
Conduct of Hearing. The park owner and park residents may appear at the rent adjustment hearing and offer oral and documentary evidence. All parties to a rent adjustment hearing may have assistance in presenting evidence and testimony, and developing their position, from attorneys, experts, or such other persons as may be designated by said parties. The hearing may be continued for a reasonable period of time as determined by the Hearing Officer.
B. 
Timeliness. During the course of an appeal hearing, the Hearing Officer may request information from the park owners or park residents. If such information is not provided in a timely manner, or such information is not sufficient for the Hearing Officer to make a determination, the Hearing Officer may disallow all or any portion of the proposed space rent adjustment. The Hearing Officer will have the authority to determine the timeliness and sufficiency of any information provided.
C. 
Appeal Justifications. Rent adjustment hearings for standard space rent increases may only be held for the causes specified in Section 6.02.120(B) and (C). Rent adjustment hearings for nonstandard increases may be held for causes specified in Section 6.02.120(B).
D. 
Rules of Evidence. The hearing need not be conducted according to the technical rules relating to evidence and witnesses, as applicable in courts of law. To be admissible, evidence shall be of the type on which responsible persons are accustomed to rely in the conduct of serious affairs. A full and fair hearing shall be accorded to the parties to the hearing.
E. 
Preserving the Record. The appeal hearing proceedings shall be recorded electronically. Any party who desires that the proceedings be recorded stenographically shall make arrangements with the Department of Community Development at least five (5) calendar days before the hearing. Any transcripts prepared by a reporter at the party's request shall be at his or her expense, and the original shall be filed with the Department of Community Development. If the party makes a request for a transcript of the electronic recording at the time of or after the hearing, he or she shall make arrangements to copy the official recording with the Department of Community Development. All expenses incurred for the transcript will be borne by the requesting party.
F. 
Subpoenas. The Hearing Officer may issue subpoenas requiring the attendance of witnesses and/or the production of books or other documents necessary for evidence of testimony in any action or proceedings before the Hearing Officer. Said subpoenas shall be signed by the Hearing Officer or his or her designated substitute and attested by staff assigned to the appeal hearing. Failure to comply with such subpoena shall result in contempt proceedings under Government Code Sections 37106 through 37109.
(Ord. 90-38, 11/27/1990; Ord. 06-1 § 1, 2/28/2006; Ord. 15-6 § 1, 7/14/2015; Ord. 17-9 § 1, 7/11/2017; Formerly 6.02.091)
A. 
Time for Decision. The Hearing Officer shall make a final decision within ninety (90) days of the assignment of the appeal hearing from the Director, and no later than twenty-one (21) days after the conclusion of the hearing on any petition. The time limits may be extended upon consent of the park owner.
B. 
Rent Increases. If the Hearing Officer's determination is that all or a portion of the proposed rent increase shall be granted under the circumstances, then the Hearing Officer shall grant all or such portion of the rent increase effective as of the time such increase would have been otherwise effective without the intervention of this chapter.
C. 
Notification of Determination. The City shall, within ten (10) days after such decision is rendered, send a copy of the findings and decision, by first class postage prepaid, to the park owner or other person designated on the park's registration and to the occupants of the affected spaces in the park for which the space rent adjustment appeal was brought.
D. 
Final Decision. Any decision of the Hearing Officer must be supported by a preponderance of the evidence. The allowance or disallowance of any rent adjustment or portion thereof may be reasonably conditioned in any manner necessary to carry out the purpose of this chapter. The decision of the Hearing Officer shall be final and binding on all parties, and shall not be subject to appeal or any additional reconsideration. A party not satisfied with a decision may seek any judicial remedy provided by law.
(Ord. 90-38, 11/27/1990; Ord. 92-11, 9/8/1992; Ord. 06-1 § 1, 2/28/2006; Ord. 15-6 § 1, 7/14/2015; Ord. 17-9 § 1, 7/11/2017; Formerly 6.02.110)
A. 
Waiver Ability. Rental agreements between a park owner and park resident which are exempted from local regulation by California Civil Code Section 798.17, or other state statutes, are permitted. The rental rates and other terms of such agreements shall prevail over regulations and decisions made pursuant to this chapter. For all such rental agreements which expire, the last monthly rental rate charged under the rental agreement shall be the space rent ceiling used to calculate the annual adjustment for the space. Any other provisions or agreement, whether oral or written, in or pertaining to a rental agreement whereby any provision of the ordinance or decision of the Hearing Officer for the benefit of a resident is waived, shall be deemed to be against public policy and shall be void.
B. 
Severability. If any provision or clause of this chapter, or the application thereof to any person or circumstance, is held to be unconstitutional or to be otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other chapter provisions or clauses or applications thereof which can be implemented without the invalid provision or clause or application, and to this end, the provision and clauses of this chapter are declared to be severable.
(Ord. 90-38, 11/27/1990; Ord. 94-9, 6/28/1994; Ord. 96-8, 1/23/1996; Ord. 06-1 § 1, 2/28/2006; Ord. 15-6 § 1, 7/14/2015; Ord. 17-9 § 1, 7/11/2017; Formerly 6.02.160)
The City Council finds and declares, that because of the high cost of moving mobilehomes, the potential for damage resulting therefrom, the requirements relating to the installation of mobilehomes, and the cost of landscaping or lot preparation, it is necessary that the owners of mobilehomes occupied within mobilehome parks be provided with the unique protection from actual or constructive eviction afforded by the provision of this chapter. It is not the intent of this chapter to prevent an owner of a mobilehome park from closing his or her mobilehome park, and the City acknowledges the right of a mobilehome park owner to close a mobilehome park or convert part into any legally permitted use (Civil Code Section 789.55).
(Ord. 97-6, 4/22/1997; Ord. 06-1 § 1, 2/28/2006)
For purposes of this chapter only, the following definitions shall apply unless, based on the context, another definition is clearly intended:
"Applicant"
means the park owner or his or her designee of an existing manufactured home park that applies under this chapter for a change in use of such park.
"Change in use"
means the use of a park for a purpose other than rental or the holding out for rental of two (2) or more manufactured home sites to accommodate manufactured homes for human habitation. A change of use may affect the entire park or any portion thereof. A change of use includes, but is not limited to, a change of the park or any portion thereof to a condominium, stock cooperative, planned unit development, or any form of ownership wherein spaces within the park are to be sold. A "change in use" shall not include a decision by a mobilehome park owner not to rent or lease a vacant space or a space occupied by a vacant mobilehome owned by the park.
"Final permit"
means the permit granted pursuant to Section 6.04.110 once a park owner has substantially complied with all conditions of a tentative permit.
"Illegal addition"
is an addition to a manufactured home for which all required building permits were not obtained and which does not currently comply with the Santa Clarita Municipal Code.
"Illegal structure"
is a structure which did not comply with applicable building and/or design regulations and laws at the time which it was built.
"Manufactured home"
is synonymous with the term "mobilehome."
"Manufactured home owner"
is a person who has a tenancy in a manufactured home park under a rental agreement with the park and has an ownership interest in the manufactured home.
"Manufactured home park" or "park"
means an area of land where two (2) or more manufactured home spaces are rented or leased out for manufactured homes used as residences. The term "manufactured home park" does not include developments which sell lots for manufactured homes or which provide condominium ownership of such lots, even if one (1) or more manufactured homes in the development are rented or leased out.
"Manufactured home park owner" or "park owner"
means the owner, lessor, operator, manager, or designated agent thereof, of a park located in the City of Santa Clarita.
"Manufactured home resident" or "resident"
is a manufactured home owner or other person who lawfully occupies a manufactured home in a park.
"Mobilehome"
means that definition used in Civil Code Section 798.3, and includes a structure designed for human habitation and for being moved on a street or highway under permit. The term "mobilehome" includes a manufactured home, as defined in Health and Safety Code Section 18007.
"Mobilehome owner"
is synonymous with the term "manufactured home owner."
"Mobilehome park"
is synonymous with the term "manufactured home park."
"Mobilehome resident"
is synonymous with the term "manufactured home resident."
"Nonresident owner"
is a person who owns a manufactured home located within a park but does not reside there. A "nonresident owner" shall not include the park owner or applicant in circumstances where the park owner or applicant owns one (1) or more manufactured homes in the park.
"Planning Commission"
is the Planning Commission as established pursuant to Chapter 2.26.
"Report"
means the relocation impact report required by Section 6.04.030.
"Tenancy"
is the right of a manufactured home owner to use a site within a park on which to locate and maintain a manufactured home, site improvements, and the necessary accessory structures for human habitation.
"Tentative permit"
means the permit granted pursuant to Section 6.04.090.
(Ord. 97-6, 4/22/1997; Ord. 06-1 § 1, 2/28/2006; Ord. 18-9 § 2, 11/27/2018)
A. 
Prior to the change in use of a park, the applicant shall file with the City's Department of Community Development a relocation impact report which outlines the impact of the change in use on displaced manufactured home owners. In determining the impact of the conversion, closure, or cessation of use, the report shall address the availability of adequate replacement housing in mobilehome parks and relocation costs. The report shall include, but not be limited to, the following information:
1. 
The number of spaces within the existing park.
2. 
A list of names and addresses of all manufactured home owners and residents within the park.
3. 
A list of names and addresses of all nonresident owners within the park.
4. 
The number and location of all park-owned manufactured homes in the park.
5. 
Any manufactured homes which the park owner contends are illegal structures or to which illegal additions have been made.
6. 
The current rent charged for each space in the mobilehome park and the number of residents occupying each manufactured home affected by the proposed change in use.
7. 
Written commitments from the owners of parks with alternative sites within the City of Santa Clarita accepting all the manufactured homes to be relocated, and acknowledging: (1) the type of such homes to be relocated therein, (2) the condition of such homes, (3) the rent applied, (4) the applicable manufactured home owner, residents, and (5) the space to which the manufactured home is to be relocated. The City shall use its good offices to assist the park owner and manufactured home owner to find spaces for relocation, to encourage the development of spaces for relocation and to expedite processing of land use entitlements for new mobilehome spaces.
8. 
A proposed time schedule for manufactured home owners and nonresident owners to vacate the existing park.
(Ord. 97-6, 4/22/1997; Ord. 06-1 § 1, 2/28/2006)
Submission of the relocation impact report and a proposed tentative permit to the City's Department of Community Development shall constitute an application for a tentative permit for a change of use pursuant to Civil Code Section 798.56(g). The application shall be accompanied by a fee in an amount set by resolution of the City Council pursuant to Government Code Section 66016.
(Ord. 97-6, 4/22/1997; Ord. 06-1 § 1, 2/28/2006)
At least thirty (30) days prior to the hearing before the Planning Commission on the change in use, the applicant shall provide notice in both English and Spanish to all residents and manufactured home owners affected by the change in use. Such notice shall state the time, date, place, and nature of the hearing, shall include a copy of the relocation impact report and a proposed tentative permit, and shall inform each manufactured home owner that he or she has a right to appear to object to the failure to meet the requirements of this chapter with respect to his or her home's relocation if they have not been met. Such notice shall also state whether the applicant contends that a manufactured home owner's manufactured home is illegal or legal and, if illegal, informs the manufactured home owner that he or she has sixty (60) days to bring the manufactured home into compliance with applicable laws, as determined by the State of California, or lose the rights of a manufactured home owner under this chapter. The hearing shall not be held until the applicant has satisfactorily verified to the City that all persons have received proper notification.
(Ord. 97-6, 4/22/1997; Ord. 06-1 § 1, 2/28/2006; Ord. 18-9 § 2, 11/27/2018)
A hearing shall be held before the Planning Commission on any proposed change in use. At this hearing, the Planning Commission shall review the relocation impact report.
(Ord. 97-6, 4/22/1997; Ord. 06-1 § 1, 2/28/2006; Ord. 18-9 § 2, 11/27/2018)
A. 
The Planning Commission may impose payment for the relocation costs outlined in this section on the applicant as conditions of the tentative permit, subject to the provisions of Section 6.04.080. The Planning Commission shall not require any applicant to pay any relocation costs for the relocation of residents who rent their manufactured home from another. The applicant is to pay for the following relocation costs for each manufactured home owner's manufactured home in the park if such costs are imposed by the Planning Commission.
1. 
Reasonable moving expenses charged by a professional mover for packing and moving the manufactured home owner's personal items within the City limits of the City of Santa Clarita, including full-value replacement insurance on the goods being moved.
2. 
Payment for any necessary storage expense while the manufactured home is being set up in a new park.
3. 
Payment of an amount set by the City Council by resolution to cover lodging, meals, and incidental expenses from the time when a manufactured home owner in an existing park is required to move out of his or her manufactured home to relocate until the time when the manufactured home is set up in the new park and ready for habitation. This provision shall be inapplicable in the event that the mobilehome cannot be relocated within the City of Santa Clarita and the manufactured home owner is compensated pursuant to subsection (B)(5) of this section.
B. 
The Planning Commission shall impose, as conditions to the tentative permit, the following mitigation measures:
1. 
The applicant shall move and relocate all manufactured home owners' manufactured homes to a legal location within the City limits of the City of Santa Clarita comparable to the prior location in terms of amenities, rent, location and space size, including professional moving, preparation and take-down services incidental to preparation of the manufactured home for moving to the extent a site is available. A site is not deemed available unless a mobilehome park in the City is willing to accept the specific mobilehome and its manufactured home owner. "Comparable rent" as used herein shall mean rent not more than one percent (1%) higher than the previous rent unless a higher rent is justified by an increased space size or other compensating factors and the manufactured home owner consents to such an increase.
2. 
The applicant shall obtain and retain insurance for moving the manufactured home owner's manufactured home for the full replacement value of the manufactured home for the entire time of the move including take-down and reinstallation. The replacement value shall be determined in the same manner as used by insurance companies authorized to do business in the State of California in determining the replacement value of the mobilehome if it had been destroyed while situated in the mobilehome park. Insurance shall be with a company authorized to do business in the State of California.
3. 
The applicant shall install the manufactured home owner's manufactured home in a comparable park within the City limits of the City of Santa Clarita, including rebuilding existing legal structures and additions to the manufactured home.
4. 
The applicant shall replace the manufactured home with a comparable manufactured home if the manufactured home is destroyed or severely damaged in transit to the new park. The manufactured home owner may elect, at his or her sole option, to receive the cash value of the manufactured home destroyed or severely damaged in transit. If a manufactured home owner receives compensation pursuant to this subsection, he or she shall not be entitled to receive any insurance payment.
5. 
The applicant shall ensure that the manufactured homes meet the requirements of the new park(s) in which they are relocated. The applicant shall rehabilitate manufactured homes to enable them to be accepted into a new park within the City of Santa Clarita. In the event that a manufactured home owner's manufactured home cannot be relocated to another park within the City of Santa Clarita either due to its age, condition or lack of any available relocation sites for the specific manufactured home, the applicant shall pay to the manufactured home owner the appropriate amount as determined by an appraiser (paid for by the park owner) for the value of the manufactured home. The appraisal shall value the manufactured home as if located in a comparable manufactured home park and will be based on a real estate valuation method and not the blue book value. If the home owner does not agree with the resulting appraisal, the home owner may pay for his or her own appraisal. The home owner and park owner will then negotiate using both of the appraisals. If an agreement cannot be reached, the City will provide an impartial mediator. The City will endeavor to select a mediator that has a background in analyzing appraisals. The cost of the mediator will be equally shared by the park owner and the home owner. Payment for the mediator will be made in advance to the City by the parties. If one (1) party fails to make the required payment, the value of the relocation shall be determined to be the amount of the other party's appraisal. If the parties still cannot agree, the impartial mediator shall determine the amount to be paid, which amount shall be no greater than the higher of the two (2) appraisals.
C. 
Notwithstanding the above, if a manufactured home is illegal, as determined by the State of California, the applicant will only be responsible for moving the manufactured home to a legal location for storage and the applicant will not be responsible for the costs and mitigation measures in subsections (A)(2) and (3) and (B) of this section, even if the same are imposed as conditions by the Planning Commission. The applicant shall not be responsible for paying any storage costs for the illegal manufactured home. Notwithstanding the above, a manufactured home owner shall have sixty (60) days' notice pursuant to Section 6.04.050 to bring his or her manufactured home into compliance with applicable law. If the manufactured home comes into compliance with the applicable laws of the State of California within the sixty (60) day period, as evidenced by the manufactured home owner having provided to the applicant proof from the State of California that the home complies with California law, then the home shall be considered legal for all purposes of this chapter and the manufactured home owner shall be entitled to all rights accorded by this chapter, except that when the tentative permit is granted, the owner shall not be accorded the rights of a legal owner at that time. However, at the time of granting of this final permit, the applicant must provide all of the relocation benefits set forth in this section with respect to such manufactured homes.
D. 
Notwithstanding the above, if a manufactured home includes illegal additions or structures, the applicant shall not be responsible for the costs associated with tearing down, moving, or setting up the same at a new location.
E. 
If a manufactured home owner locates his or her manufactured home in a park after notice has been given of a change in use which would affect the portion of the park in which the manufactured home would be located, the manufactured home owner shall not be entitled to any of the relocation benefits provided by this chapter. If the proposed change of use does not take place or does not affect the manufactured home owner, then the manufactured home owner shall be eligible for all applicable relocation benefits for any subsequent change of use which affects that manufactured home owner. The manufactured home owner shall sign a written statement acknowledging that said owner is aware that a change of use is contemplated for the park.
(Ord. 97-6, 4/22/1997; Ord. 06-1 § 1, 2/28/2006; Ord. 07-6 § 2, 9/11/2007; Ord. 18-9 § 2, 11/27/2018)
Following the hearing on the change of use, the Planning Commission shall grant a tentative permit if it determines that all of the requirements of Sections 6.04.030, 6.04.040 and 6.04.050 have been satisfied.
(Ord. 97-6, 4/22/1997; Ord. 06-1 § 1, 2/28/2006; Ord. 18-9 § 2, 11/27/2018)
At least thirty (30) days prior to the hearing before the Planning Commission on the final permit, the applicant shall provide notice in both English and Spanish to all residents and manufactured home owners affected by the change in use. Such notice shall state the time, date, place, and nature of the hearing, and shall inform each manufactured home owner that he or she has a right to appear to object to the failure to meet the requirements of this chapter or the tentative permit with respect to his or her home's relocation. The hearing shall not be held until the applicant has satisfactorily verified to the City that all persons have received proper notification.
(Ord. 97-6, 4/22/1997; Ord. 06-1 § 1, 2/28/2006; Ord. 18-9 § 2, 11/27/2018)
A. 
After notice is provided as required by Section 6.04.100 and a hearing held regarding compliance by the applicant with the tentative permit, the Planning Commission shall grant the applicant a final permit when he or she has both: (1) substantially complied with the conditions of the tentative permit, and (2) substantially complied with the requirements of Section 6.04.070 with respect to all manufactured homes which were illegal at the time that notice was provided pursuant to Section 6.04.050 but came into compliance with all laws within sixty (60) days of such notice.
B. 
The applicant and a manufactured home owner may agree to a resolution different than that approved in the tentative permit after the approval of the tentative permit, and compliance with said agreement by the applicant shall constitute "substantial compliance" under this section with respect to matters relating to such manufactured home owner's home set forth in the tentative permit. The agreement shall include a copy of this chapter as an attachment, together with a statement that the homeowner is aware of his or her rights under this chapter, and that he or she is recommended to consult with an attorney. Any such agreement which is procured by fraud or misrepresentation shall be null and void.
C. 
Notwithstanding the above, the final permit shall not be issued if the applicant has disturbed or caused to be disturbed the area and facilities of the park that are the subject of the application in anticipation of closure of the park to facilitate future development until the affected manufactured home owners receive fair and reasonable compensation for the inconvenience, resulting from such disturbance, as such compensation is determined by the Planning Commission. The Planning Commission shall make this determination at the hearing held pursuant to Section 6.04.120. For the purposes of this section, the removal of uninhabited manufactured homes from the park shall not be considered a disturbance under this chapter.
(Ord. 97-6, 4/22/1997; Ord. 06-1 § 1, 2/28/2006; Ord. 18-9 § 2, 11/27/2018)
The applicant, manufactured home owner, and nonresident owners affected by the proposed change in use have fifteen (15) days to appeal to the City Council either the Planning Commission's decision to grant a tentative permit or the Planning Commission's decision to grant a final permit. There shall be no fee for such appeal. If no appeal is filed within fifteen (15) days of either action, the Planning Commission's decision on either the tentative permit or final permit, as the case may be, shall be deemed final. If an appeal is filed on either action, the City Council shall hear the appeal within thirty (30) days. The City Council's decision shall be final as of the date it is rendered.
(Ord. 97-6, 4/22/1997; Ord. 06-1 § 1, 2/28/2006; Ord. 18-9 § 2, 11/27/2018)
After the tentative permit is deemed final, the applicant shall give manufactured home owners, nonresident owners, and residents written notice of termination of tenancy as required by State law in both English and Spanish.
(Ord. 97-6, 4/22/1997; Ord. 06-1 § 1, 2/28/2006; Ord. 18-9 § 2, 11/27/2018)
The provisions of this chapter are inapplicable if the change in use of a park is the direct result of a bankruptcy adjudication or the expiration of a land use permit needed to operate the park at its current location.
(Ord. 97-6, 4/22/1997; Ord. 06-1 § 1, 2/28/2006)
This chapter is not intended to substitute for any legal or equitable remedy otherwise available under law and should be understood to provide remedies which are cumulative thereto and otherwise nonexclusive.
(Ord. 97-6, 4/22/1997; Ord. 06-1 § 1, 2/28/2006)