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5.16.210 Mobilehome park relocation impact reports.

        A.    Statement of Purpose. The purpose of this section is to implement the provisions of state law addressing the adverse impacts on the residents and homeowners in a park which is converted, closed or where the park’s use is changed or ceased.

        B.     Definitions. For purposes of this section, the following definitions shall apply in addition to those listed in Section 5.16.020.

        1.     “Advisory agency” means the planning department, commission, or hearing officer as designated by the city council.

        2.     “Change of use” means a use of a mobilehome park for a purpose other than the rental, or the holding out for rent, of two or more mobilehome sites to accommodate mobilehomes for human habitation. “Change of use” includes, but is not limited to, a change of the park or any portion thereof to a condominium, stock cooperative, or any form of ownership wherein spaces within the park are to be sold, and the cessation of use of all or a portion of the park, whether immediately or on a gradual basis, or the closure of the park. “Change of use” shall not include mere purchase of the park by its existing homeowners.

        3.     “Comparable housing” means housing which is comparable in floor space area, deck and lot size, and number of bedrooms and other relevant factors to the mobilehome to which comparison is being made, which housing meets the minimum standards of the State Uniform Housing Code.

        4.     “Comparable mobilehome park” means any other mobilehome park substantially equivalent in terms of park condition, amenities, ocean views and beach access and other relevant factors.

        5.     “Date of application for change of use” means the date of filing of an application for rezoning, general plan amendment, use permit, site development permit or other discretionary development approval under this code, which application seeks approval of a change of use of a mobilehome park or the date of the closure or cessation of use.

        6.     “Eligible homeowner” means a homeowner whose mobilehome or manufactured home was located in a mobilehome park on the date of the application for a change of use.

        C.     General Requirements.

        1.     Any person who files an application for a rezoning, general plan amendment, subdivision map, use permit, site development permit or for any other discretionary development approval, for the purpose of a change of use of a mobilehome park or closure, shall file with the advisory agency a report on the impact of the conversion, closure, or cessation of use (hereinafter “closure”) upon the residents of the mobilehome park who will be displaced, no later than the filing of the first such application necessary to authorize such closure.

        2.     No 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.

        3.     Use of a property as mobilehome park shall not be terminated for the purpose of conversion to another land use or cessation of use until approval by the advisory agency and the city council, or appeal, has been received.

        4.     No building permit shall be issued on property occupied by a mobilehome park at the effective date of this chapter or hereinafter for uses other than those associated with the mobile home park use and allowed under the special use permit, until approval under this section has been received.

        D.    Conversion Impact Report.

        1.     The conversion impact report shall address the availability of adequate replacement housing in mobilehome parks and the cost of relocating displaced residents.

        2.     In order to evaluate adequately and address those issues, the conversion impact report shall contain the following information:

        a.     The names, addresses and mobilehome site identification numbers of all persons owning mobilehomes within the mobilehome park and of all mobilehome residents on the date of application for change of use;

        b.     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 site being occupied;

        c.     A list of vacant mobilehome sites in comparable mobilehome parks within a fifty (50) mile radius of the park which is the subject of the application or request;

        d.     The list shall contain a schedule of site rental rates for each park listed and the criteria of the management of each park for acceptance of new homeowners and used mobilehomes;

        e.     The names, addresses and telephone numbers of one or more housing specialists from the list compiled by the advisory agency, and the names, addresses and telephone numbers and fee schedules of persons qualified as mobilehome movers and of persons who are qualified appraisers of mobilehomes and an explanation of the services the housing specialists will provide;

        f.      The applicant may designate other housing specialists, and mobilehome movers and appraisers; provided, that use of any such persons pursuant to this chapter shall be subject to approval by the advisory agency;

        g.     A relocation plan which will include:

        i.      Timetable for implementing the physical relocation of mobilehomes,

        ii.     Implementation of relocation assistance,

        iii.    Payment of relocation costs, and

        iv.    Conversion of the park to one or more other uses.

        3.     The application shall include within the conversion impact report the steps proposed to mitigate any adverse impact on the ability of displaced homeowners to find adequate housing in a mobilehome park, including the reasonable costs of relocation.

        a.     All eligible homeowners and all mobilehome tenants of eligible homeowners shall be provided with the services of one or more housing experts to assist them in relocating to available and adequate housing upon their request. Any such experts shall be those approved pursuant to this section.

        i.      A factor to be considered is that the conversion will not result in the displacement of low-income individuals or households who cannot afford rents charged in other parks.

        ii.     A factor to be considered is it the conversion is to another residential use, the homeowners have first opportunity to occupy and the construction schedule will not result in long-term displacement.

        b.     No benefits shall be provided to any person who is renting a mobilehome from the owner of the mobilehome park where such person shall have executed a written agreement with such mobilehome park owner waiving his or her rights to any such benefits. No such waiver shall he valid unless it contains the text of this section, and unless such person shall have executed a written acknowledgment that he or she has read and understands his or her rights pursuant to this chapter and knowingly agrees to waive them.

        c.     In order to facilitate the intentions of the homeowners or tenants and an applicant for a change of use with regard to a change of use, the parties may agree to mutually satisfactory relocation assistance. To he valid such an agreement shall be in writing, shall include a provision stating that the homeowner 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 (10) 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. Any person signing such an agreement may rescind it in writing within ten (10) business days of final approval of change of use. Any such agreement which is procured by fraud, misrepresentation, coercion or duress of any kind shall be void and unenforceable.

        E.     Hearing and Notice.

        1.     Upon the receipt of an impact report, within thirty (30) days the advisory agency shall examine the same and advise the applicant whether it is complete. When a complete impact report has been filed and accepted by the advisory agency, within thirty (30) days the advisory agency shall set a time, place and date for a hearing.

        2.     At least thirty (30) days prior to the hearing, the advisory agency shall mail notice to the applicant and the homeowners of the date, time and place of the meeting.

        3.     At least fifteen (15) days prior to the scheduled public hearing before the advisory agency on the conversion impact report, the applicant shall provide the homeowner and all other persons described with a copy of this chapter, a copy of the conversion impact report, and date and time for an informational meeting pursuant to subsection (E)(4) of this section.

        4.     Not less than ten (10) days prior to the date of the scheduled public hearing before the advisory agency, the applicant shall conduct an informational meeting for the residents of the mobilehome park regarding the status of the application, the timing of proposed relocation of residents, proposed relocation costs and assistance, and the contents of the conversion impact report. The meeting shall be conducted on the premises of the mobilehome park. The housing specialist(s) designated in the impact report shall be present at such meeting.

        5.     Within five (5) days prior to the public hearing, the applicant shall file with the advisory agency a statement made under penalty of perjury that all requirements pursuant to subsections (E)(3) and (4) of this section have been complied with and include date, time, and place where such meeting as required by subsection (E)(4) of this section occurred.

        F.     Findings and Decision. At the conclusion of the hearing, the advisory agency shall render its decision. The advisory agency shall approve, conditionally approve or disapprove the relocation impact report. The advisory agency shall approve the relocation impact report if it finds that the relocation impact report contains the information required pursuant to this section. In approving the relocation impact report, the advisory agency may impose such conditions as it finds necessary to mitigate the adverse impacts on the residents; however, any steps required to be taken by the park owner pursuant to this section shall not exceed the reasonable costs of relocation. Notice of the advisory agency action shall be mailed to the park owner, to all homeowners and to all persons who have filed written request therefor.

        G.    Request for Appeal. The park owner or any homeowner may appeal the advisory agency’s decision to the city council. The appeal shall be filed with the city on a form provided for that purpose within ten (10) days after the action of the advisory agency. When an appeal is filed, it shall be accompanied by a fee in an amount determined according to Section 5.16.070. The city shall, within forty-five (45) days, set a time and date for a hearing, and shall mail written notice of such hearing to the park owner, all homeowners, the person requesting the hearing, the advisory agency and all persons who have filed written request therefor, at least fifteen (15) days prior to the hearing.

        For all requests for hearing, the city council may sustain, modify, reject or overrule any recommendations or rulings of the advisory agency and may make such findings as are not inconsistent with the provisions of this section.

        H.    Extensions. Any of the time limits specified in this section may be extended by mutual consent of park owner and the advisory agency, or the city council, on appeal, with notice to affected homeowners, except where prohibited by state law.

        I.      Expiration and Extension of Relocation Impact Report. The approval of a relocation impact report shall become null and void after thirty-six (36) months from the date of the mailing of the final approval of the relocation impact report. Thereafter, the park owner shall not convert, close or cease the use of the park until such time as a new relocation impact report is approved. However, upon application of the park owner, filed with the advisory agency on or before the date of expiration, the relocation impact report may be extended by the advisory agency up to an additional thirty-six (36) months. An application for an extension shall be subject to the notice and hearing procedures of this section.

        J.      Conditions. In the approval of a mobilehome park conversion, the city may attach conditions deemed reasonable in order to mitigate the impacts associated with the conversion. Such conditions shall not be limited to, but may include, the following:

        1.     If the land occupied by the park is to be sold, the homeowners shall be given the right of first negotiation (from the seller) and matching rights (right of last refusal) for the purchase of the park and all the improvements.

        2.     The homeowners be given the option of a long-term lease of the land and purchase of the improvements.

        3.     The city may attach an effective date upon their approval of the conversion. This date will provide sufficient time for the relocation of the mobilehome to other parks.

        K.    Revocation and Amendment. Any time prior to the closure of the mobilehome park, the advisory agency may, in its discretion, and upon good cause shown, initiate proceedings for the revocation or amendment of an impact report. Good cause may include, but is not limited to, change of circumstances which render the conditions or requirements of the relocation impact report no longer necessary or appropriate, negligent or fraudulent misrepresentation of fact relating to the relocation impact report, or noncompliance with the conditions of the impact report. Prior to revoking or amending a relocation impact report, the advisory agency shall conduct a hearing in accordance with the applicable procedures set forth in subsection E of this section. Upon revocation, the park owner shall not convert, close, cease or change the use of the park until such time as a new relocation impact report is approved. Such revocation or amendment is subject to the same request for hearing as is provided in subsection G of this section.

        L.     Evictions Pending Compliance with Relocation Impact Report. Termination of a tenancy of any resident pursuant to Civil Code Section 798.56 or any other provision of law shall not relieve the park owner of its obligation to comply with the conditions or requirements of the relocation impact report applicable to that resident. However, if the termination of tenancy is based on subdivisions (a), (b), (c), (d), (e) or (f) of Section 798.56 of the Civil Code, the advisory agency, upon request by the park owner, may grant to the park owner extensions of time within which to comply with the conditions of the relocation impact report.

        M.    Additional Authority of the Advisory Agency. If, notwithstanding the fact that the park owner has not served a six (6) months’ or twelve (12) months’ notice on the residents, the advisory agency finds that the park owner is attempting to close or convert a park, then the advisory agency shall require the filing of a relocation impact report.

        N.    Obligations of Applicant After Approval of Conversion Impact Report. 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:

        1.     Not later than thirty (30) days from the date of such determination, the housing specialist or specialists shall make personal contact with each homeowner of the mobilehome park and commence consultations to determine the applicable costs and assistance to be provided. The housing specialist or specialists shall give each homeowner and former resident eligible to receive relocation assistance written notice of his or her rights to relocation assistance as determined by the city under this chapter.

        2.     Not less than one-hundred twenty (120) days prior to the date any homeowner is required to vacate the mobilehome park, any cash or monetary relocation costs required by this chapter shall be paid to such homeowner, to any former resident eligible for such costs, or to any person, firm or corporation performing relocation related services for the homeowner, as the homeowner may direct. If the applicant purchases the mobilehome the homeowner shall be required to promptly 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 interest, liens, or other encumbrances.

        3.     The date upon which any resident of the mobilehome park is required to vacate such park, or upon which any mobilehome is required to be removed from the mobilehome park, shall be not less than six months from the date of notice of termination of tenancy pursuant to Civil Code Section 798.56(f)).

        4.     If the owner of the mobilehome park, the applicant homeowner or tenant specifically requests that any of the time limitations required by this section be modified, the city shall consider any such modification and evidence relating to the need therefor at the public hearing on the conversion impact report. The city shall have the power to make modification in such time limits, both in response to a request and on its own motion, in conjunction with any approval of a conversion impact report, as the city may deem just and reasonable.

        O.    Payment of Relocation Assistance Benefits—Prerequisite to Issuance of Building Permit to Redevelop Park. 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 advisory agency 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.

        P.     Violations. Violations of this section shall constitute a misdemeanor. In addition, any park owner or applicant who violates any rights of any homeowner or mobilehome tenant established under this chapter shall be liable to the person for actual damages caused by such violation, plus costs and reasonable attorneys’ fees. No park owner shall take any wilful action to threaten, retaliate against or harass any park resident with the intent to prevent such residents from exercising his or her rights under this chapter. (Ord. 74 §§ 4—9, 1992; Ord. 48U § 1, 1991; prior code § 6723)