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HomeMy WebLinkAboutPublic Hearing to Consider Approval of Zoning Text Amendment MC -Council/Agency-Meeting Held: — L Deferre ontinued o Approve Conditionally Approved ❑ Denied c ity ClerA Signature Council Meeting Date: 11/1/04 Department ID Number: CA 04-23 CITY OF HUNTINGTON BEACH C REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR CITY COUNCILMEMBERS ' SUBMITTED BY: JENNIFER McGRATAy Attorney ,, PREPARED BY: JENNIFER McGRAT Ity Attorney�� SUBJECT: Modification of Mobilehome Park Conversion Ordinance (Huntington Beach Zoning & Subdivision Ordinance Code Chapter 234). Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: On September 6, 2004, October 4, 2004, and October 18, 2004, the City Council directed the preparation of an ordinance modifying the relocation benefits received by a mobilehome park tenant upon the application for a change in use of a mobilehome park. Funding Source: Not applicable. 1 �-,.,.> Recommended Actions: None. . Alternative Action(s): Do not adopt Ordinance No. 36f% . Analysis: This ordinance has been prepared as directed by City Council. Environmental Status: The proposed project is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act because it represents a minor text change to the ZSO. Attachment(s): City Clerk's Page Number N Description . No. 9 "An Ordinance of the City of Huntington Beach Amending Chapter 234 of the Huntington Beach Zoning and Subdivision Ordinance Pertaining to Mobilehome Park Conversions 2. Legislative Draft of Chapter 234 3. Findings of Approval ATTACHMENT NO . 1 ORDINANCE NO. 3 689 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 234 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE PERTAINING TO MOBILEHOME PARK CONVERSIONS. The City Council of the City of Huntington Beach hereby ordains follows: SECTION 1. Section 234.04 of the Huntington Beach Subdivision and Ordinance Code is hereby amended to read as follows: 234.04 Definitions Words and phrases whenever used in this chapter shall be construed as defined herein unless from the context a different meaning is intended and more particularly directed to the use of such words and phrases. A. Affordable unit. A unit that is sold to and occupied by a low or moderate income household. Affordable unit shall also mean a rental unit for which the monthly payment does not exceed 25 percent of the household's gross income for low income households or 30 percent of the household's gross income for moderate income households. B. Applicant. The person, firm, corporation,partnership, or other entity having leasehold interest or fee ownership in the operation of a mobilehome park. C. Change of use. Use of the park for a purpose other than the rental or the holding out for rent of two or more mobilehome sites to accommodate mobilehomes used for human habitation, and shall not mean the adoption, amendment, or repeal of a park rule or regulation. "Change of use" may affect an entire park or any portion thereof, and such "change of use" shall include, but is not limited to, a change of a park or any portion thereof to a condominium, stock cooperative, planned unit development,commercial use, industrial use, or vacant land. D. Eligible owner. Any mobilehome owner owning a mobilehome in a park at the time of issuance of the notice of intent to change use, but shall not include any mobilehome owner who is renting his unit to another party at such time. E. Manufactured home. Shall mean the same as Mobilehome as used in this Chapter. F. Market rate unit. A residential unit that is sold on the open market without constraints imposed on the sales price,rental rate,or buyer qualifications. G. Mobilehome. A structure designed for human habitation and for being moved on a street or highway under permit pursuant to the California Vehicle Code Section 35790. Mobilehome does not include a recreational vehicle, as defined in the California Civil Code Section 799.24, or a commercial coach, as defined in Health and Safety Code Section 18218. ord/04zoning/chap 234 ord/10/20/04 I k Ordinance No. 3689 H. Mobilehome Park. An area of land where two or more mobilehome sites are rented, or held out for rent,to accommodate mobilehomes used for human habitation. Mobilehome park shall not include a mobilehome subdivision of stock cooperative. I. Mobilehome space. Any area,tract of land, site, lot, pad or portion of a mobilehome park designated or used for the occupancy of one mobilehome. J. Notice of intent to change use: Notification as required by California Civil Code Section 798.56(g)(2). (3595—1/03) : K. Senior citizen unit. A residential unit which meets the standards for an affordable unit which is situated in a project that is designed to accommodate senior citizens through special financing programs and/or modified development standards. SECTION 2. Section 234.08 of the Huntington Beach Subdivision and Ordinance Code is hereby amended to read as follows: 234.08 Mitigation of Adverse Impacts and Reasonable Costs of Relocation-Relocation Assistance Plan: A. Consistent with California Government Code Section 65863.7(e), the applicant shall take steps to mitigate the adverse impact of the conversion, closure or cessation of use on the ability of displaced mobilehome park residents to find adequate housing in a mobilehome park. These required steps shall not exceed the reasonable cost of relocation as detailed in (1) below. 1. Relocation Costs. All eligible mobilehome owners shall be entitled to.receive the cost of relocation. As used in this section,the reasonable costs of relocation shall include the cost of relocating displaced homeowners' mobile/manufactured home, accessories and possessions to comparable mobile/manufactured home park within twenty(20) miles of its existing location, including costs of disassembly, removal, transportation, and reinstallation of the mobile/manufactured home and accessories at the new site, and replacement or reconstruction of blocks, skirting, siding, porches, decks, awnings or earthquake bracing if necessitated by the relocation; reasonable living expenses of displaced park residents from the date of actual displacement until the date of occupancy at the new site; payment of any security deposit required at the new site; and the difference between the rent paid in the existing park and any higher rent at the new site for the first twelve (12)months of the relocated tenancy. 2. Mobilehome Purchase. If the mobilehome cannot be relocated to a comparable mobile/manufactured home park within twenty(20) miles of its existing location, and the homeowner has elected to sell his or her mobile/manufactured home, the reasonable costs of relocation shall include the cost of purchasing the mobile/manufactured home of a displaced homeowner, including any optional equipment and/or tag-a-longs and expando rooms at its in-place value. Such value shall be determined after consideration of relevant factors, including the value of the mobile/manufactured home in its current location, assuming the continuation of the mobile/manufactured home park in a safe, sanitary and well maintained condition and not considering the effect of the change of use on the value of the mobile/manufactured home, but at no time shall the value of the mobile/manufactured home be less than the replacement cost of a new home of similar size and square footage. ord/04zoning/chap 234 ord/10/20;04 2 ordinance No. 3689 B. Extensions of time; In-park relocation 1. The applicant may grant one (1) six-month extension to the length of time given to the mobilehome owners in the notice of intent to change use by notifying the mobilehome owners of such extension at least four(4)months prior to the date specified in such notice. The extension shall be granted for no more and no less than six (6) months: 2. An applicant may, with the consent of the mobilehome owner, transfer a mobilehome unit to another space in the park. Such transfer shall not constitute permanent relocation, and the cost of all such moves shall be borne by the applicant. Including reasonable living expenses of the residents from the date of actual displacement until the date of occupancy at the new site. All damages to the home incurred during the relocation shall be immediately repaired or replaced by the applicant. C. In order to facilitate the intentions of the mobilehome owners 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 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. 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. \o 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 or she has read and understands his or her rights pursuant to this chapter and knowingly agrees to waive them. E. No waiver by an eligible mobilehome owner of any of his/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 subsection C of this section. F. Alternative Housing. If the mobilehome owner cannot be relocated in accordance with the procedures contained herein,the applicant has the option of making available suitable, and acceptable, alternative housing, together with compensation,to such mobilehome owner. Where alternative housing is proposed, it shall be available in the following categories: ord/04zoning/chap 234 ord/10/20/04 3 Ordinance No. 3689 1. Senior citizen housing; 2. Affordable housing; and 3. Market rate housing. G. Compensation Appeals. Appeals from the amount of compensation to be given a mobilehome owner shall be filed with the applicant within thirty(30) days after the mobilehome owner has notice of the amount he/she.is to receive. The applicant shall acknowledge'any appeal within thirty(30) days, and if an agreement cannot be reached,the matter shall be referred to a professional arbitrator. H. Purchase Rights. The mobilehome owners shall receive written guarantee of first-right- of-refusal to purchase units if the development which replaces the mobilehome park is to be residential in whole or in part. I. Miscellaneous. That the applicant has complied with all applicable city ordinances and state regulations in effect at the time the relocation assistance plan was approved. That the applicant has complied with the conditions of approval, including the following items: 1. Mobilehome owners will not be forced to relocate prior to the end of their leases. 2. Mobilehome owners have been given the right to terminate their leases upon approval of the relocation assistance plan. 3. Demolition or construction will not occur until the relocation assistance plan is approved and the eighteen(18)month notification period has expired. SECTION 3. Section 234.09 is hereby added to Chapter 234 of the Huntington Beach Subdivision and Ordinance Code, said section to read as follows: 234.09 Application for Exemption from Relocation Assistance Obligations. 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. B. If such application is filed, notice of such application, with the information contained therein, and distribution thereof to the owners and residents of the mobilehome park shall be provided with the application for change of use. C. Any such application shall state that it is made on either or both of the following bases: 1. That provision for 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 ord/04zoningfchap 234 ord/10/20104 4 ordinance No. 3689 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 subsection (c)(1) shall contain, at a minimum.the following information: 1. Statements of profit and loss from the operations of the mobilehome for the most recent five-year period of 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, that are not the result of the park owner or applicant's negligent failure to properly maintain said property,and that the costs 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 the park to maintain the parkin a decent, safe and sanitary condition, and that those certain repairs are not the result of the park owner or applicant's negligent failure to properly maintain said property; 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 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 rates of mobilehome spaces within the park within the next five years necessary to pay for such repairs or improvements that are not the result of the park owner or applicant's negligent failure to properly maintain said property. If the director requires an analysis of the information submitted by the general contractor, the director may procure services of another such licensed general contractor to provide suchwritten analysis, and the cost thereof shall be billed to and payment therefor shall be required from the applicant. 3. The estimated total cost of relocation assistance which would otherwise be required to the provided pursuant to this chapter, which shall be based upon documented surveys, included with the application, of the available mobilehome spaces within twenty miles of the mobilehome park, residents of the park who are willing to relocate and those who would elect to sell their mobilehomes, 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 ord/04zoning/chap 234 ord/10/20/04 5 Ordinance No. 3689 application for redevelopment of the park, 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 director. E. Any such application filed pursuant to subsection(c)(2) shall be accompanied by adequate documentation as to the title, case number,and court in which the bankruptcy proceeding was held, and copies of all pertinent judgments, orders, and decrees of such court. SECTION 4. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the g..t-day of November 2004. lf4ayoN--'# PREPARED BY: ATTEST: Cit Attorney City Clerk REVI WED AN P ED: City Administrator (,r ord/04zoning/chap 234 ord/1020/04 6 Ord. No. 3689 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH. I, JOAN L. FLYNN, the duly appointed, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 18th day of October, 2004, and was again read to said City Council at a adjourned meeting thereof held on the 8th day of November, 2004, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Sullivan, Hardy, Boardman, Cook, Winchell NOES: Coerper,Green ABSENT: None ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on November 18,2004. In accordance with the City Charter of said City Joan L.Fl)gm,City Clerk Clerk and ex-officio Jerk Deputy City Clerk of the City Council of the City of Huntington Beach, California ATTACHMENT NO . 2 ORDINANCE NO. ��k9 LEGISLATIVE DRAFT ir . f„ ,. r a, r,+ya'a< i;' - �e - Ch pter AEI©b e% r e- �� C r velrs ©ns . (3334-6/97,3595-1/03) Sections: 234.02 Applicability 234.04 Definitions 234.06 Removal of MHP Overlay or RMP Zone or Change of Use 234.08 Mitigation of Adverse Impacts and Reasonable Costs of Relocation - Relocation Assistance Plan 234.09 Application for Exemption from Relocation Assistance Obligations 234.10 Acceptance of Reports 234.12 Action by Planning Commission 234.14 Fees Required 234.02 Applicability All findings required for removal of the MHP overlay zone shall also be applied to requests for rezoning existing RMP districts to different zoning districts, and for any change of use as hereinafter defined. All findings required for removal of the MHP overlay, rezoning from RMP or change in use shall be required for all property upon which a mobilehome park then exists, or upon which a mobilehome park existed at any time within the preceding five (5) years. 234.04 Definitions Words and phrases whenever used in this chapter shall be construed as defined herein unless from the context a different meaning is intended and more particularly directed to the use of such words and phrases. A. Affordable unit. A unit that is sold to and occupied by a low or moderate income household. Affordable unit shall also mean a rental unit for which the monthly payment does not exceed 25 percent of the household's gross income for low income households or 30 percent of the household's gross income for moderate income households. B. Applicant. The person, firm, corporation,partnership, or other entity having leasehold interest or fee ownership in the operation of a mobilehome park. C. Change of use. Use of the park for a purpose other than the rental or the holding out for rent of two or more mobilehome sites to accommodate mobilehomes used for human habitation, and shall not mean the adoption, amendment, or repeal of a park rule or regulation. "Change of use" may affect an entire park or any portion thereof, and such "change of use" shall include, but is not limited to, a change of a park or legisdrft/04zoning/chap 234-LD gullasge ver/10/20/04 1 any portion thereof to a condominium, stock cooperative, planned unit development, commercial use, industrial use, or vacant land. D. Eligible owner. Any mobilehome owner owning a mobilehome in a park at the time of issuance of the notice of intent to change use, but shall not include any mobilehome owner who is renting his unit to another party at such time. E. Manufactured home. Shall mean the same as Mobilehome as used in this Chapter. 1E.F. Market rate unit. A residential unit that is sold on the open market without constraints imposed on the sales price, rental rate, or buyer qualifications. E.G. Mobilehome. A structure designed for human habitation and for being moved on a street or highway under permit pursuant to the California Vehicle Code Section 35790. Mobilehome does not include a recreational vehicle, as defined in the California Civil Code Section 799.24, or a commercial coach, as defined in Health and Safety Code Section 18218. G.H. Mobilehome Park. An area of land where two or more mobilehome sites are rented, or held out for rent, to accommodate mobilehomes used for human habitation. Mobilehome park shall not include a mobilehome subdivision of stock cooperative. 14.I. Mobilehome space. Any area, tract of land, site, lot, pad or portion of a mobilehome park designated or used for the occupancy of one mobilehome. I.J.Notice of intent to change use. Notification as required by California Civil Code Section 798.56(g)(2). (ssss-1/03) rir^vbileheme s. equipmefAiad/e tag a longs and expande Teems. in deteffflining pfiee,the fegulatiens for-establishing the eest basis, Ets fi3tffid in the United States Gede Tifle > intefnal Revenue Cedg, shall be used. Sueh ptifehase pfiee shall be vefified by the „ eb.;lol,eme owner- o istenee of sales, eipts:,�,1:,..,fing date ,.f tl,,.,.,, v� ptffehase, fn nxetar-y affivttat of jri'a'rrC-hase, ide t;fieat e e model tit ffibe. f all items cc Original ptifehase pry " shall not-inel c e Best of finanEi—b. K., Senior citizen unit. A residential unit which meets the standards for an affordable unit which is situated in a project that is designed to accommodate senior citizens through special financing programs and/or modified development standards. legisdrft/04zoning/chap 234-LD gullasge ver/10/20/04 2 234.06 Removal of MHP Overlay or RMP Zone or Change of Use The City Council shall not approve a zone change for any parcel when such change would have the effect of removing the MHP or RMP designation from that property, or approve a change of use unless the following findings have been made: A. That all applicable requirements as set forth in California Government Code Section 66427.4, or 65863.7, whichever is applicable, have been completed. (3695-1/03) B. That the proposed zoning is consistent with the General Plan of the City of Huntington Beach and all elements thereof, and for projects located within the coastal zone that the proposed zoning is consistent with the Land Use Plan portion of the Local Coastal Program. (3334-6/97) C. That the proposed change of land use will not have an adverse effect upon the goals and policies for provision of adequate housing for all economic segments of the community, as set forth in the Housing Element of the Huntington Beach General Plan. D. That the property which is the subject of the zone change would be more appropriately developed in accordance with uses permitted by the underlying zoning, or proposed zoning. E. That a notice of intent to change the use of a mobilehome park and relocate mobilehome owners was delivered to such owners and to the Department of Community Development at least eighteen(18) months prior to the date the mobilehome owner is required to vacate the premises. F. The zone change shall not become effective unless a Local Coastal Program amendment is effectively certified by the Coastal Commission. (3334-6/97) 234.08 Mitigation of Adverse Impacts and Reasonable Costs of Relocation- Relocation Assistance Plan: A. Consistent with California Government Code Section 65863.7(e), the applicant shall take steps to mitigate the adverse impact of the conversion, closure or cessation of use on the ability of displaced mobilehome park residents to find adequate housing in a mobilehome park. These required steps shall not exceed the reasonable cost of relocation as detailed in (1) below. The fellowing shall eensfittAe fninimum standards for-an aeeeptable felaeation assistanee plan: Al. Relocation Costs. All eligible mobilehome owners shall be entitled to receive the cost of relocation. neasse Eests-firm--ve-limited rcvzcracormcccrvn—iind--vr crx� As used in this section, the reasonable costs of relocation shall include the cost of relocating displaced homeowners'-,mobile/manufactured home, accessories and possessions to comparable mobile/manufactured home park within twenty (20) miles of its existing location, including costs of disassembly, removal, transportation, and reinstallation of the mobile/manufactured home and accessories at the new site, and replacement or reconstruction of blocks, skirting, siding, porches, decks, awnings,or earthquake bracing if necessitated by the revocation; reasonable living expenses. of displaced park residents from the date of actual displacement until ' the date of occupancy at the new site; legisdrft/04zoning/chap 234-LD gullasge ver/10/20/04 3 payment of any security deposit required at the new site; and the difference between the rent paid in the existing park and any higher rent at the new site for the first twelve (12) months of the relocated tenancy. All stieh expenses shall be identified end ;a by the pfi 4 at the +;m e the move. pafk to whiEh the unit is relee-ated shall be wAin fift., (cm ,,..;les the mobilehome-ev ier- shall le the additional eests asseeiatec'l wit ieloe-atien beyend the fiftyL(cm mile limit established by this-ehapter. B2. Mobilehome Purchase. If the mobilehome ewer cannot be relocated to .+Mo«park; aeeefdanee with the p v.aufes Moro;,, ., the applieafil shall expande rooms f;- m +Mom ,M;IoM ,mo evffief at an affieufA+, Mo dote..mime ,f+o. reestablishing the mebneheme evme�s efiginal pt>ehase pr-iee and the date f efiginal . a comparable mobile/manufactured home park within twenty (20) miles of its existing location, and the homeowner has elected to sell his or her mobile/manufactured home, the reasonable costs of relocation shall include the cost of purchasing the mobile/manufactured home of a displaced homeowner, including any optional equipment and/or tag-a- longs and expando rooms at its in-place value. Such value shall be determined after consideration of relevant factors, including the value of the mobile/manufactured home in its current location, assuming the continuation of the mobile/manufactured home park in a safe, sanitary and well maintained condition and not considering the effect of the change of use on the value of the mobile/manufactured home, but at no time shall the value of the mobile/manufactured home be less than the replacement cost of a new home of similar size and square footage. Where of of ptffehase is net available ef verifiable, and the manufaetufefls- --nal " eathqet be , the value of the ffiebileheme shall n be and quality fetind in the appfieapA's mebileheffie park at the fifne > size, When the efiginal pr-iee is , the afnetti4 ef eompensa4ien w be Yuiu by- an ,.1: „t to a ffiebileheme 0 shag Fl Mo ote e M. "g 11 . �the v fell method.: per-eeftt " year-, begififling with nefiee of intent to B. Extensions of time; In-park relocation 1. The applicant may grant one (1) six-month extension to the length of time given to the mobilehome owners in the notice of intent to change use by notifying the mobilehome owners of such extension at least four(4) months prior to the date legisdrft/04zoning/chap 234-LD gullasge ver/10/20/04 4 specified in such notice. The extension shall be granted for no more and no less than six (6) months. 2. An applicant may, with the consent of the mobilehome owner, transfer a mobilehome unit to another space in the park. Such transfer shall not constitute permanent relocation, and the cost of all such moves shall be borne by the applicant. Including reasonable living expenses of the residents from the date of actual displacement until the date of occupancy at the new site. All damages to the home incurred during the relocation shall be immediately repaired or replaced by the applicant. C. Compensation. The .. eb.;lol,..me e o«'s , v s tie f f my ob lol,eme that eafinet be r-eleea4ed te aft),ether-park shall be no less than feur-thettsend five hundred dellafs ($4,500) plus ffieving expeiises up te five hundr-ed dollars ($500), an aggfegate not to e�ieeed five i ,-der-te ed e the impaet of r-eleeation to a to atiye he g f;,Ahe the p .mot shall Y,�.iiV LL�./1./11VL111L J11LL11 st f heiising d ffe nfi l of 50 ,mot of the the st of he using fer the pay a o v o v v L Vl 11V lAJlll�, 1V1 fi fst: oaf, n o t t e seven hundfed fifty doll., ($750) fer- n1, ebil 0 0 C. In order to facilitate the intentions of the mobilehome owners 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 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. 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 legisdrft/04zoning/chap 234-LD gullasge ver/10/20/04 5 acknowledgment that he or she has read and understands his or her rights pursuant to this chapter and knowingly agrees to waive them. E. No waiver by an eligible mobilehome owner of any of his/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 subsection C of this section. DF.Alternative Housing. If the mobilehome owner cannot be relocated in accordance with the procedures contained herein, the applicant has the option of making available suitable, and acceptable, alternative housing,together with compensation,to such mobilehome owner. Where alternative housing is proposed, it shall be available in the following categories: 1. Senior citizen housing; 2. Affordable housing; and 3. Market rate housing. E. M edifieatien-o€Relegation Pim. Any., ,.t:,a ftt.,,,a ffiabile,,,me o the date of the nefiee of ifAent te ehange use. €G. Compensation Appeals. Appeals from the amount of compensation to be given a mobilehome owner shall be filed with the applicant within thirty(30) days after the mobilehome owner has notice of the amount he/she is to receive. The applicant shall acknowledge any appeal within thirty(30) days, and if an agreement cannot be reached, the matter shall be referred to a professional arbitrator. T dete whether-eeffipensfffien meurately efleets theer-iginal est e f the the ffiebileheme > > the ffiebileheffle shall be and apptfl4enanees shall be valtied in the same manner. GH. Purchase Rights. The mobilehome owners shall receive written guarantee of first-right-of- refusal to purchase units if the development which replaces the mobilehome park is to be residential in whole or in part. I4.I. Miscellaneous. That the applicant has complied with all applicable city ordinances and state regulations in effect at the time the relocation assistance plan was approved. That the applicant has complied with the conditions of approval, including the following items: 1. Mobilehome owners will not be forced to relocate prior to the end of their leases. legisdrft/04zoning/chap 234-LD gullasge ver/10/20/04 6 2. Mobilehome owners have been given the right to terminate their leases upon approval of the relocation assistance plan. 3. Demolition or construction will not occur until the relocation assistance plan is approved and the eighteen (18)month notification period has expired. 234.09 Application for Exemption from Relocation Assistance Obligations. 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. B. If such application is filed, notice of such application, with the information contained therein, and distribution thereof to the owners and residents of the mobilehome park shall be provided with the application for change of use. C. Any such application shall state that it is made on either or both of the following bases: 1. That provision for 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. legisdrft/04zoning/chap 234-LD gullasge ver/10/20/04 7 D. Any such application made pursuant to subsection (c)(1) shall contain, at a minimum, the following information: 1. Statements of profit and loss from the operations of the mobilehome for the most recent five-year period of 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, that are not the result of the park owner or applicant's negligent failure to properly maintain said property, and that the costs 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 the park to maintain the park in a decent, safe and sanitary condition, and that those certain repairs are not the result of the park owner or applicant's negligent failure to properly maintain said property; 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 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 rates of mobilehome spaces within the park within the next five years necessary to pay for such repairs or improvements that are not the result of the park owner or applicant's negligent failure to properly maintain said property. If the director requires an analysis of the information submitted by the general contractor, the director may procure services of another such licensed general contractor to provide such written analysis, and the cost thereof shall be billed to and payment therefor shall be required from the applicant. legisdrfi/04zoning/chap 234-LD gullasge ver/10/20/04 8 3. The estimated total cost of relocation assistance which would otherwise be required to the provided pursuant to this chapter, which shall be based upon documented surveys, included with-the application, of the available mobilehome spaces within twenty miles of the mobilehome park, residents of the park who are willing to relocate and those who would elect to sell their mobilehomes, 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 for redevelopment of the park, 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 director. E. Any such application filed pursuant to subsection (c)(2) shall be accompanied by adequate documentation as to the title, case number, and court in which the bankruptcy proceeding was held, and copies of all pertinent judgments, orders, and decrees of such court. 234.10 Acceptance of Reports The final form of the impact of conversion report and relocation assistance plan will be as approved by the Planning Commission. The reports, if acceptable, shall remain on file with the Director for review by any interested persons. Each of the mobilehome owners shall be given written notification within ten (10) days of approval of the relocation assistance plan. 234.12 Actions of Planning Commission At the conclusion of its hearing, noticed as provided in this code, the Planning Commission shall approve, conditionally approve, or deny said impact of conversion report and relocation assistance plan pursuant to the provisions of this article, and such decision shall be supported by a resolution of the Planning Commission, setting forth its findings. 234.14 Fees Required Each impact report and relocation assistance plan submitted shall be accompanied by a fee established by resolution of the City Council. legisdrft/04zoning/chap 234-LD gullasge ver/10/20/04 9 ATTACHMENT NO . 3 y SUGGESTED FINDINGS OF APPROVAL SUGGESTED FINDINGS OF APPROVAL FOR ZONING TEXT AMENDMENT NO. 01-03: 1. Zoning Text Amendment No. 01-03 to amend Chapter 234, Section 234.08 and add Section 234.09 of the Zoning and Subdivision Ordinance is consistent with the objectives, policies,general land uses and programs specified in the General Plan and any applicable specific plan as it incorporates the most current State changes to the code. 2. In the case of a general land use provision, the zoning text amendment is compatible with the uses authorized in, and the standards prescribed for, the zoning district for which it is proposed. The amendment represents two minor changes that do not affect the overall intent of the ZSO with respect to Chapter 234. 3. A community need is demonstrated for the ordinance as it establishes a method of providing relocation assistance consistent with California Government Code Sections 65863.7.' 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice because the amendment brings the code in compliance with the California Government Code. J mp/o4misc/findings/10/15/2004 1 DECLARATION OF JOAN FLYNN 2 I, Joan Flynn, declare as follows: 3 1. I am the elected City Clerk of the City of Huntington Beach. I was first appointed 4 the position of City Clerk on June 1, 2004, in order to fill the remaining term of the previous City 5 Clerk. I was elected to the office of City Clerk on November 2, 2004, and continue to hold my 6 position through my four-year term, which expires on December 1, 2008. I make this declaration 7 based upon personal knowledge, and if called as a witness, I could and would testify to the same. 8 2. Pursuant to Section 310 of the Charter of the City of Huntington Beach, my 9 responsibilities as City Clerk include administering oaths of office to all the officers, including the 10 City Council, and administering all City elections. 11 3. As of November 1, 2004,the City Council of the City of Huntington Beach 12 consisted of the following Councilmembers: Dave Sullivan, Jill Hardy, Connie Boardman, 13 Debbie Cook, Grace Winchell, Gil Coerper and Cathy Green. Councilmember Winchell took 14 office at the meeting of November 1, 2004 to fill the unexpired term of Councilmember Houchen. 15 4. The terms of Connie Boardman and Grace Winchell expired as of December 6, 16 2004, and they no longer serve on the Huntington Beach City Council. 17 5. As of October 19, 2006,the City Council of the City of Huntington Beach consists 18 of the following Councilmembers: Dave Sullivan, Jill Hardy, Keith Bohr, Don Hansen, Debbie 19 Cook, Gil Coerper and Cathy Green. 20 6. The term of Dave Sullivan expires on December 4, 2006. Councilmember Sullivan 21 is not running for re-election at the November 7, 2006 general election, and consequently, his term 22 of office will expire on December 4, 2006. In addition,the terms of Council Members Cathy 23 Green, Jill Hardy and Gil Coerper also expire on December 4, 2006, but they are running for re- 24 election. 25 I declare under penalty of perjury that the foregoing is true and correct. Executed this 19th 26 day of October, 2006 in Huntington Beach, California. 27 28 JOA FLYNN 1 DECLARATION OF JOAN FLYNN Joan Flynn Ded RCA ROUTING SHEET INITIATING DEPARTMENT: City Attorney . SUBJECT: Mobilehome Park Conversion Ordinance COUNCIL MEETING DATE: 11/1/04 RCA ATTAC H:M E NTS, STATUS f .� ,.. Ordinance (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not A plicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement w/exhibits if applicable) Attached ❑ ( pP ) Not Applicable (Signed in full by the City Attorney) Attached ❑ Subleases, Third Party Agreements, etc. Not Applicable (Approved as to form by City Attorney) Certificates of Insurance (Approved b the City Attorne Attached ❑ ( pp Y Y Y) Not Applicable Attached ❑ Fiscal Impact Statement (Unbudget, over $5,000) Not Applicable Attached ❑ Bonds (If applicable) Not Applicable Attached ❑ Staff Report (If applicable) Not Applicable Commission, Board or Committee Report If applicable) Attached ❑ p ( pp ) Not Applicable ❑ s/Conditions for Approval and/or Denial Attached ❑ Findin 9 pp Not Applicable EXP.LANATIONFORMISSING ATTACHMENTS 'R!" REVIEWED RETURNED FORWARDED Administrative Staff ) Assistant City Administrator (Initial) City Administrator (Initial) ( ) ) City Clerk EXPLANATION FO;R RETURN�OF ITEM. 'V ,.:; Only)(Below Space For City Clerk's Use RCA Author: imp H. B. INDEPENDENT PUBLISH DATE: 11/18/04 CITY OF HUNTINGTON BEACH LEGAL NOTICE ORDINANCE NO. 3689 Adopted by the City Council on NOVEMBER 8, 2004 "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 234 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE PERTAINING TO MOBLEHOME PARK CONVERSIONS." SYNOPSIS: ON SEPTEMBER 6, 2004&OCTOBER 4,2004,THE CITY COUNCIL DIRECTED-THE PREPARATION OF AN ORDINANCE MODIFYING THE RELOCATION BENEFITS RECEIVED BY A MOBILEHOME PARK TENANT UPON THE APPLICATION FOR A CHANGE IN USE OF A MOBILEHOME PARK. THE HARD COSTS OF RELOCATION ATTRIBUTABLE TO DISASSEMBLY AND REASSEMBLY OF A MOBILEHOME COACH CAN BE FAIRLY ESTIMATED. HOWEVER,THE SPECIFIC COSTS RELATED TO THE AVAILABILITY OF SPACES TO RELOCATE TO,TRANSPORTATION, MOVING EXPENSES, RENTAL SUBSIDIES, REASONABLE LIVING EXPENSES,AND THE AMENITIES OF THE COACH ARE NOT READILY ASCERTAINABLE PRIOR TO THE FILING OF AN APPLICATION FOR CONVERSION. IN CONTRAST, FAIR MARKET VALUE IS DEPENDENT, IN PART, ON THE SPACE RENT,THE LOCATION AND CONDITION OF THE PARK, AND THE CONDITION AND AMENITIES OF THE COACH ITSELF. THE CITY.COUNCIL REVIEWED,THE ORDINANCES OF 7 CITIES TO.DETERMINE WHAT FORMULA SHOULD BE ADOPTED. 1T IS IMPORTANT TO NOTE THAT 5 OF THE 7 CITIES ALSO HAVE RENT STABILIZATION ORDINANCES,WHICH DIRECTLY IMPACT THE FAIR MARKET VALUE OF THE COACHES AT THE TIME OF CONVERSION. NOTABLY,THE CITY OF HUNTINGTON BEACH IS SPECIFICALLY PROHIBITED FROM ADOPTING A RENT STABILIZATION ORDINANCE PURSUANT TO CITY CHARTER SECTION 803. THE ORDINANCE IS PREPARED TO REQUIRE `RELOCATION WITHIN A REASONABLE DISTANCE NOT TO EXCEED 50 MILES WHICH WILL PERMIT CONSIDERATION OF THE ISSUE ON A CASE-BY-CASE BASIS. COPIES OF THIS ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held November 8, 2004 by the following roll call vote: AYES: Sullivan, Hardy, Boardman, Cook, Winchell NOES: Coerper, Green ABSENT: None This ordinance is effective 30 days after adoption. CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 714-536-5227 JOAN L. FLYNN, CITY CLERK (9) October 18, 2004 -Council/Agency Agenda - Page 9 Revised Page - Added Recommended Action CD-2: (City Council) Public Hearing Opened and Continued Open from 1014104 to Consider Approval of Zoning Text Amendment(ZTA) No-0143 (Mobile Home__Park Conversions) Amending Chapter 234 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) Relating to Relocation Benefits-Approve for Introduction Ordinance 3689- Direct Planning Staff to Conduct Research of Further Modifications to Chapter 234 (450.20) Applicant: City of Huntington Beach Request: ZTA: To amend Chapter 234 Mobilehome Park Conversions of the Huntington Beach Zoning and Subdivision Ordinance related to relocation benefits for mobilehome owners when a mobilehome park is converted. Location: Citywide. Environmental Status: Notice is hereby given that this agenda item, Zoning Text Amendment No. 01-03 is categorically exempt from the provisions of the California Environmental Quality Act. ON FILE: A copy of the proposed request is on file in the City Clerk's Office,2000 Main Street, Huntington Beach,California 92648,for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office on Friday, October 1,2004. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court,you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice,or in written correspondence delivered to the City at,or prior to,the public hearing. If there are any further questions please call the Planning Department at(714)536-5271 and refer to the above items. Direct your written communications to the City Clerk. 1. Staff report 2. City Council discussion 3. Open public hearing 4. Following public input,close public hearing ** Copy of Public Hearing Opened and Continued Open from October 4, 2004 Council Meeting is included in the agenda packet. Recommended Action: Motion to: 1. After City Clerk reads by title, approve for introduction by roll call vote, Ordinance No. 3689- 'An Ordinance of the City of Huntington Beach Amending Chapter 234 of the Huntington Beach Zoning and Subdivision Ordinance Pertaining to Mobilehome Park Conversions,"and Zoning Text Amendment No. 01-03 with Findings for Approval; and 2. Direct Planning staff to conduct additional research of further modifications to Chapter 234. (10) October 18, 2004 -Council/Agency Agenda - Page 10 City Attorney Jennifer McGrath orally reported. Councilmember Boardman reported on the history of the ordinance, which was the subject of her 917104 Council memo. City Clerk Flynn restated Late Communications for the record. City Attorney McGrath spoke regarding the defensibility of the proposed ordinance prepared by her office. Councilmember Boardman pointed out changes proposed by the Golden State' Mobilehome-Owners--League (GSMOL) of 10115/04 are in.keeping with amendments she is making to the.ordinance. Amended motion that appeals go to an arbitrator rather than the City^ Administrator--removing-item-G-on page D=2.8. Appraved for introduction as amended. 5- 1 (Green No) AJ2�AQ00_1) ,S 2 ,D (2.77QA) Council/Agency Meeting Held: a O Deferred/Continued to: ❑Approved ❑ Conditionally Approved ❑ Denied Ci C erk' Signa re Council Meeting Date: October 18, 2004 Departme t I,/Number: CA 04-23 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR CITY COUNCILMEMBERS <' - SUBMITTED BY: JENNIFER McGRATFi' City Attorney PREPARED BY: JENNIFER McGRATity Attorney SUBJECT: Modification of Mobilehome Park Conversion Ordinance (Huntingon Beach Zoning & Subdivision Ordinance Code Chapter 234)., Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) 6 Statement of Issue: On September 6, 2004, and October 4, 2004, the City Council directed the preparation of an ordinance modifying the relocation benefits received by a mobilehome park tenant upon the application for a change in use of a mobilehome park. Funding Source: Not applicable. Recommended Actions: 1. Approve for introduction Ordinance Nov40I "An Ordinance of the City of Huntington Beach Amending Chapter 234 of the Huntington Beach Zoning and Subdivision Ordinance Pertaining to Mobilehome Park Conversions" and Zoning Text Amendment No. 01-03 with findings for approval. 2. Direct Planning staff to conduct additional research of further modifications to Chapter 234. Alternative Action(s): Do not adopt Ordinance No.3 . Analysis: On September 6, 2004, the City Council directed the preparation of an ordinance modifying Huntington Beach Zoning and Subdivision Ordinance Code Chapter 234. Specifically, City Council directed the following: 1) Modify the purchase price of a mobilehome to in-place fair market value; 2) Reduce the acceptable relocation radius to 20 miles; and 3) Require the mobilehome park owner to provide relocation benefits to all residents who vacated the park due to abandonment or foreclosure resulting from an elevation in space rent in the three years prior to the owner's intent to close the park, or to deposit the equivalent monies to be used for affordable housing. REQUEST FOR ACTION MEETING DATE: October 18, 2004 DEPARTMENT ID NUMBER:CA 04-23 As discussed at the meeting of October 4, 2004, state law limits the regulatory authority of the City through California Government Code 65863.7. The City Council "may require, as a condition of the change, the person or entity to take steps to mitigate any adverse impact of the conversion, closure, or cessation of use on the ability of displaced mobilehome park residents to find adequate housing in a mobilehome park. The steps required to be taken to mitigate shall not exceed the reasonable costs of relocation." Unlike other areas of zoning regulation wherein the City Council is permitted to balance the equities between the parties and/or the require mitigation, the State has specifically limited the City's ability to regulate relocation benefits. The hard costs of relocation attributable to disassembly and reassembly of the mobilehome coach can be fairly estimated. However, the specific costs related to the availability of spaces to relocate to, transportation, moving expenses, rental subsidies, reasonable living expenses, and the amenities of the coach are not readily ascertainable prior to the filing of an application for conversion. In contrast, fair market value is dependent, in part, on the space rent, the location and condition of the park, and the condition and amenities of the coach itself. Additional Research Based on City Council's direction of October 4, 2004, the City Attorney performed additional research, regarding the constitutionality of the ordinance and its defensibility in the event of litigation, which included consultation with outside counsel. The City Council reviewed the ordinances of seven cities to determine what formula should be adopted. It is important to note that five of the seven cities also have rent stabilization ordinances, which directly impact the fair market value of the coaches at the time of conversion. Notably, the City of Huntington Beach is specifically prohibited from adopting a rent stabilization ordinance pursuant to City Charter Section 803. At this time, the City Attorney has had inadequate time to research the impact of the rent stabilization protection on the determination of reasonable costs of relocation. In addition, each of the ordinances considered also permit the applicant to request an exemption from the provision of relocation benefits as described in Section 234.09. The twenty-mile radius for relocation has a significant impact on the analysis of the reasonable costs of relocation. A smaller relocation radius will trigger additional mobilehome purchases as discussed in the correspondence presented by Vickie Talley, Executive Director of MHET. Absent studies to support the reasonableness of the twenty- mile radius, it is likely such a small radius for this particular coastal community will be overly restrictive and unconstitutional. The ordinance has been prepared to require "relocation within a reasonable distance not to exceed fifty miles" which will permit consideration of the issue on a case-by-case basis. G:\RCA\2004\04-23 chapter 234 conversion Il.doc -2- 10/14/2004 4:57 PM REQUEST FOR ACTION MEETING DATE: October 18, 2004 DEPARTMENT ID NUMBER:CA 04-23 As this area of regulation is heavily regulated and litigated, it is recommended that City Council direct Planning staff to conduct additional research of this ordinance if it is adopted. Environmental Status: The proposed project is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act because it represents a minor text change to the ZSO. Attachment(s): NumberCity Clerk's Page 1. No. -3t,o" "An Ordinance of the City of Huntington Beach Amending Chapter 234 of the Huntington Beach Zoning and Subdivision Ordinance Pertaining to Mobilehome Park Conversions 2. Legislative Draft of Chapter 234 3. Findings of Approval GARCA\2004\04-23 chapter 234 conversion IWoc -3- 10/14/2004 4:57 PM ATTACHMENT NO . 1 ORDINANCE NO. � AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING ' CHAPTER 234 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE PERTAINING TO MOBILEHOME PARK CONVERSIONS. The City Council of the City of Huntington Beach hereby ordains follows:/ SECTION 1. Section 234.04 of the Huntington Beach Subdivision and Ordinance Code is hereby amended to read as follows: 234.04 Definitions Words and phrases whenever used in this chapter shall be construed s defined herein unless from the context a different meaning is intended and more particularly •irected to the use of such words and phrases. A. Affordable unit. A unit that is sold to and occupied 'y a low or moderate income household. Affordable unit shall also mean a rental unit forw h ch the monthly payment does not exceed 25 percent of the household's gross income for ow income households or 30 percent of the household's gross income for moderate income households. B. Applicant. The person, firm, corporation,partnership, or other entity having leasehold interest or fee ownership in the operation of a mobilehome park. C. Change of use. Use of the park fogy purpose other than the rental or the holding out for rent of two or more mobilehome site to accommodate mobilehomes used for human habitation, and shall not mean the adopt , amendment, or repeal of a park rule or regulation. "Change of use" may affect an entire ark or any portion thereof, and such "change of use" shall include, but is not limitedito, a change of a park or any portion thereof to a condominium, stock cooperativ7iceof d unit development, commercial use, industrial use, or vacant land. D. Eligible owner. bilehome owner owning a mobilehome in a park at the time of issuance of thenntent to change use, but shall not include any mobilehome owner who is renting s unit to another party at such time. E. Market rat nit. A residential unit that is sold on the open market without constraints imposed n the sales price, rental rate, or buyer qualifications. F. Mob' ehome. A structure designed for human habitation and for being moved on a street or hiPway under permit pursuant to the California Vehicle Code Section 35790. Mobilehome es not include a recreational vehicle, as defined in the California Civil Code Section 99.24, or a commercial coach, as defined in Health and Safety Code Section 18218. G. Mobilehome Park. An area of land where two or more mobilehome sites are rented, or held out for rent, to accommodate mobilehomes used for human habitation. Mobilehome park shall not include a mobilehome subdivision of.stock cooperative. ord/04zoning/chap 234 ord/10/15/04 I H. Mobilehome space. Any area, tract of land, site, lot, pad or portion of a mobilehome park designated or used for the occupancy of one mobilehome. ° I. Notice of intent to chan e use. Notification as required by California Civil Code Section 798.56(g)(2). (3595—1/03) / X J. Senior citizen unit. A residential unit which meets the standards fo-r'an affordable unit which is situated in a project that is designed to accommodate senior citizens through special financing programs and/or modified development standards' e SECTION 2. Section 234.08 of the Huntington Beacubdivision and Ordinance Code is hereby amended to read as follows: , f 234.08 Mitigation of Adverse Impacts and Reasonable Costs of Relocation- Relocation Assistance Plan: F ,r A. Consistent with California Government Code Section 65863.7(e), the applicant shall take steps to mitigate the adverse impact of the conversion, closure or cessation of use on the ability of displaced mobilehome park'residents to find adequate housing in a mobilehome park. These required steps shall not exceed the reasonable cost of relocation as detailed in (1) below. ,f l. Relocation Costs. AlYeligible mobilehome owners shall be entitled to receive the cost of relocation. /The reasonable costs of relocation shall include the cost of relocating d=ceptable d homeowners' mobilehome, accessories and possessions to comparable mobilehome park within a reasonable distance not to exceed fifty (56)miles of its existing location, including costs of disassembly, removal, trsportation, and reinstallation of the mobilehome and accessories at the new site, ad replacement or reconstruction of blocks, skirting, siding, porches, decks, awnings or earthquake bracing if necessitated by the relocation; indemffification for any damage to personal property of the resident caused by the relocation; reasonable living expenses of displaced park residents from the date of actual displacement until the date of occupancy at the new site; payment of any ecurity deposit required at the new site; and the difference between the rent paid in the existing park and any higher rent at the new site for the first twelve (12) months of the relocated tenancy. All such expenses shall be identified and paid by the applicant at the time of the move. The park to which the unit is relocated shall be within a reasonable distance not to exceed fifty(50) miles, the mobilehome owner f` shall be responsible for the additional costs associated with relocation beyond the s fifty(50)mile limit established by this chapter. 2. Mobilehome Purchase. If the mobilehome owner cannot be relocated to another park pursuant to paragraph 1, the applicant shall purchase the mobilehome and any optional equipment and/or tag-a-longs and expando rooms from the mobilehome owner for the in-place fair market value of the coach as if the park was remaining ✓F open for a purchase price which shall not exceed the reasonable costs of relocation consistent with California Government Code Section 65863.7(e). ord/04zoning/chap 234 ord/10/15/04 2 / J B. Extensions of time; In-park relocation ,'fv r' J 1. The applicant may grant one (1) six-month extension to the length of time givento the mobilehome owners in the notice of intent to change use by notifying the / mobilehome owners of such extension at least four(4) months prior to the date specified in such notice. The extension shall be granted for no more an ,, o less than six (6)months. 2. An applicant may, with the consent of the mobilehome owner, transfer a mobilehome unit to another space in the park. Such transfer shall not constitute permanent relocation, and the cost of all such moves shall be borne by the applicant. C. In order to facilitate the intentions of the mobilehome owners:aiid an applicant for a change of use with regard to 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, shale clude 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 repoq 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. f D. 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, unl ss it contains the text of this section, and unless such tenant shall have executed a written/acknowledgment that he or she has read and understands his or her rights pursuant to this/c/hapter and knowingly agrees to waive them. E. No waive/rovided ble mobilehome owner of any of his/her rights pursuant to this section shall be vtive for any purpose except with regard to a relocation assistance agreemen in subsection C of this section. F. AlternativIf the mobilehome owner cannot be relocated in accordance with the i s contained herein, the applicant has the option of making available suitable e housing, together with compensation, to such mobilehome owner. Wh housing is proposed, it shall be available in the following categories: citizen housing; able housing; and . aret rate housing. ord/04zoning/chap 234 ord/10/15/04 3 G. Compensation Appeals. Appeals from the amount of compensation to be given a mobilehome owner shall be filed with the applicant within thirty(30) days after the mobilehome owner has notice of the amount he/she is to receive. `} The applicant shall acknowledge any appeal within thirty(30) days, and if an agreement cannot be reached,the matter shall be referred to a professional arbitrator. H. Purchase Rights. The mobilehome owners shall receive written guarantee of first-right-of- refusal to purchase units if the development which replaces the mobilehome park is to be residential in whole or in part. I. Miscellaneous. That the applicant has complied with all applicable city ordinances and state regulations in effect at the time the relocation assistance plaii was approved. That the applicant has complied with the conditions of Yapproval, including the following items: 1. Mobilehome owners will not be forcedito relocate prior to the end of their leases. F 2. Mobilehome owners have been given the right to terminate their leases upon approval of the relocation assistance plan. 3. Demolition or construction will not occur until the relocation assistance plan is approved and the eighteen'(18) month notification period has expired. SECTION 3. Section 234.09'is hereby added to Chapter 234 of the Huntington Beach Subdivision and Ordinance Code,,said section to read as follows: 234.09 Application for Exemption from Relocation Assistance Obligations. t 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. B. If such application is filed, notice of such application, with the information contained therein, and distribution thereof to the owners and residents of the mobilehome park shall be provided with the application for change of use. C. Any'such application shall state that it is made on either or both of the following bases: ,If r That provision for relocation assistance would eliminate substantially all reasonable ff. 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. ord/04zoning/chap 234 ord/10/15/04 4 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 subsection (c)(1) shall contain, at a minimum, the following information: ' l. Statements of profit and loss from the operations of the mobilehome for the most recent five-year period of 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. '? f,. 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 rhas thoroughly inspected the entire mobilehome park; that such contractorlias determined that certain repairs and improvements must be made to the park 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 costs thereof with the costs of repairs and improvements; if any, due to`aeferred maintenance separately identified. The applicant shall also submitta statement verified by a certified public accountant as to the necessary increase iwrental rates of mobilehome spaces within the park within the next five years necessary to pay for such repairs or improvements. If the director requires an analysis:df the information submitted by the general contractor, the director may procure services of another such licensed general contractor to provide such written analysis, and the cost thereof shall be billed to and payment therefor shall be required from the applicant. r� 3. The estimated total cost of relocation assistance which would otherwise be required to the provided pursuant to this chapter, which shall be based upon documented surveys,;included with the application, of the available mobilehome spaces within We*miles of the mobilehome park, residents of the park who are willing to relocate and those who would elect to sell their mobilehomes, and the value of the in ilehomes in the park. 4. An estimate of the value of the mobilehome park by a qualified real estate appraiser I f the park were permitted to be developed for the change of use proposed in the application for redevelopment of the park, 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 director. ord/04zoning/chap 234 ord/10/15/04 5 E. Any such application filed pursuant to subsection(c)(2) shall be accompanied by adequate documentation as to the title, case number, and court in which the bankruptcy proceeding af' r was held, and copies of all pertinent judgments, orders, and decrees of such court. SECTION 4. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 2004. ,, Mayor= APPROVED..AS TO FORM: ATTEST: CityAttorney In�JSIU� City Clerk REVIEWED AND PPRO ED: City Administrator { fi. a, `re ord/04zoning/chap 234 ord/10/15/04 6 ATTACHMENT NO . 2 ORDINANCE NO. LEGISLATIVE DRAFT Ic hate2R4VIobieh me Parke >ive signs �y - ,.. (3334-6/97,3595-1/03) Sections: 234.02 Applicability 234.04 Definitions 234.06 Removal of MHP Overlay or RMP Zone or Change of Use 234.08 Mitigation of Adverse Impacts and Reasonable Costs of Relocation - Relocation Assistance/Plan 234.09 Application for Exemption from Relocation Assistance Obligations 234.10 Acceptance of Reports 234.12 Action by Planning Commiss'on 234.14 Fees Required 234.02 Applicability All findings required for removal of the MHP/ verlay zone shall also be applied to requests for rezoning existing RMP districts to different zoning districts, and for any change of use as hereinafter defined. All findings required for removal of the HP overlay, rezoning from RMP or change in use shall be required for all property upo / hich a mobilehome park then exists, or upon which a mobilehome park existed at any tim within the preceding five (5)years. 234.04 Definitions Words and phrases whenever sed in this chapter shall be construed as defined herein unless from the context a different eaning is intended and more particularly directed to the use of such words and phrases. A. Affordable unit. A it that is sold to and occupied by a low or moderate income household. Afford le unit shall also mean a rental unit for which the monthly payment does not xceed 25 percent of the household's gross income for low income households or 3 percent of the household's gross income for moderate income households. B. Applicant. he person, firm, corporation, partnership, or other entity having leasehold terest or fee ownership in the operation of a mobilehome park. C. Chan2 of use. Use of the park for a purpose other than the rental or the holding out for r t of two or more mobilehome sites to accommodate mobilehomes used for hu an habitation, and shall not mean the adoption, amendment, or repeal of a park or regulation. "Change of use" may affect an entire park or any portion thereof, and such "change of use" shall include, but is not limited to, a change of a park or Iegisdrf/04zoning/chap 234-LD/10/14/04 1 any portion thereof to a condominium, stock cooperative,planned unit development, commercial use, industrial use, or vacant land. D. Eligible owner. Any mobilehome owner owning a mobilehome in a park at the time of issuance of the notice of intent to change use, but shall not include any mobilehome owner who is renting his unit to another party at such time. E. Market rate unit. A residential unit that is sold on the open market without constraints imposed on the sales price, rental rate, or buyer qualifications. F. Mobilehome. A structure designed for human habitation and for being/moved on a street or highway under permit pursuant to the California Vehiclkode Section 35790. Mobilehome does not include a recreational vehicle, as defined in the California Civil Code Section 799.24, or a commercial coal, as defined in Health and Safety Code Section 18218. G. Mobilehome Park. An area of land where two or/orebilehome sites are rented, or held out for rent, to accommodate mobilehomes used for human habitation. Mobilehome park shall not include a mobileh e subdivision of stock cooperative. H. Mobilehome space. Any area, tract of la , site, lot,pad or portion of a mobilehome park designated or used for the occupancy of one mobilehome. I. Notice of intent to change use. Not'ffiction as required b California Civil Code - g q Y Section 798.56(g)(2). (3595—1/03) mebileheme and any attaehed optional FegWations fee.-­­­ 5 —e eest4 as fetifid in the United States Code Title 26, inlefaal Re--p-q- --I- shall be used. Sueh ptffehase pr-iee shall be vefified by pfiee" shall K J. Se yoritizen unit. A residential unit which meets the standards for an affordable u 't which is situated in a project that is designed to accommodate senior citizens thr ugh special financing programs and/or modified development standards. 234.06 Removal of MHP Overlay or RMP Zone or Change of Use The City Council shall not approve a zone change for any parcel when such change would have the/effect of removing the MHP or RMP designation from that property, or approve a change of use unless the following findings have been made: G legisdrft/04zoning/chap 234-LD/10/14/04 2 A. That all applicable requirements as set forth in California Government Code Section 66427.4, or 65863.7, whichever is applicable, have been completed. (3595-1/03) B. That the proposed zoning is consistent with the General Plan of the City of ntington Beach and all elements thereof; and for projects located within the coastal one that the proposed zoning is consistent with the Land Use Plan portion of the Loc Coastal Program. (3334-6/97) C. That the proposed change of land use will not have an adverse effe t upon the goals and policies for provision of adequate housing for all economic segments of the community, as set forth in the Housing Element of the Huntington Beach Genial Plan. D. That the property which is the subject of the zone change ould be more appropriately developed in accordance with uses permitted by the und, lying zoning, or proposed zoning. E. That a notice of intent to change the use of a mobilehome park and relocate mobilehome owners was delivered to such owners and to th/Dartment of Community Development at least eighteen(18)months prior to the date theehome owner is required to vacate the premises. F. The zone change shall not become effective nless a Local Coastal Program amendment is effectively certified by the Coastal Commission. (3334-6/97) 234.08 Mitigation of Adverse I pacts and Reasonable Costs of Relocation- Relocation Assistance Plaw A. Consistent with California/Government Code Section 65863.7(e), the applicant shall take steps/to mitigate the adverse impact of the conversion, closure or cessation of u e on the ability of displaced mobilehome park residents to find adequate housing in a mobilehome park. These required ste s shall not exceed he reasonable cost of relocation as detailed in (1) below. Al. Relocation Co ts. All eligible mobilehome owners shall be entitled to receive the cost of relocation. There s-shall be limitedt diseenneetien and �...eakdow mobileho -� 4--spy-oAcIllien of the mobilehome, all readily movable app.11i4enanees eant nts to 41.eheme Pfflr-k and the eest of all hookups at the new site. The reasona a costs of relocation shall include the cost of relocating displac d homeowners' mobilehome, accessories and possessions to compa able and acceptable mobilehome park within a reasonable dista ce not to exceed -fifty (50) miles of its existing location, including cost of disassembly, removal, transportation, and reinstallation of the mo ilehome and accessories at the new site, and replacement or re onstruction of blocks, skirting, siding, porches, decks, awnings or e rthquake bracing if necessitated by the relocation; indemnification r any damage to personal property of the resident caused by the relocation; reasonable living expenses of displaced park residents from the date of actual displacement until the date of occupancy at the new site; payment of any security deposit required at the new site; and the difference between the rent paid in the existing park and any higher rent at the new site for the first twelve (12) months of the relocated tenancy. All such expenses shall be identified and paid by the applicant at the time of the move. The park to which the unit is relocated shall be within a reasonable legisdrft/04zoning/chap 234-LD/10/14/04 3 _ distance not to exceed fifty (50) miles, the mobilehome owner shall be responsible for the additional costs associated with relocation beyond the fifty (50) mile limit established by this chapter. B2. Mobilehome Purchase. If the mobilehome owner cannot be relocated to/ another park pursuant to paragraph 1 •erdanee t the pf lflies herein, the applicant shall purchase the mobilehome and any optional egxiipment �a�ndL/or tag-a-longs and expando rooms from the mobilehome owner /. e detefmined aftef feestablishing the mobilehome owner's pl=iee, and the date of ofrginal pufehase. for the in-place fa market value of the coach as if the park was remaining open for a purchase price which shall not exceed the reasonable costs of relocation consistent with California Government Code Section 65863.7(e) .rherapfoof of ptife not bl-e 8-_ r�€rahl by avef aging the sa three (3) most eempafable units of- a! list pfiee eafinot be v-alue off-the mobilehame shall be and the manttfaettffef's � similaf age, size, a-ad quality folind i 'Ok., A A bilehome park at the time- the mobilehome o i, site ied-i Mobilehomes s I be --,,.-e---ed at a fate of 4.7 per-eei4 per-yeaf, beginning with the d&te the Mob-ileb.o.m.d o 11y ptifehased the mobilehome and/of to H B. Extensions of tim , In-park relocation 1. The applican ay grant one (1) six-month extension to the length of time given to the mobileh me owners in the notice of intent to change use by notifying the mobileho e owners of such extension at least four(4) months prior to the date specified n such notice. The extension shall be granted for no more and no less than six (6) months. 2. An a plicant may, with the consent of the mobilehome owner, transfer a mo lehome unit to another space in the park. Such transfer shall not constitute pe anent relocation, and the cost of all such moves shall be borne by the plicant. be o less than fia�ur th i,l five hundfed doll., ($4 cnm 0�} fifst yeaf, net to exeeed seven hundfed fifty dollars ($750) f6f eaeh mobilehome eW7Ref-. legisdrft/04zoning/chap 234-LD/10/15/04 4 C. In order to facilitate the intentions of the mobilehome owners and an applicant for a change of use with regard to a change of use, the/ parties may agree to mutually satisfactory relocation assistance. o 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-POIV type which clearly states the right to seek and the importance of btaining an attorney's advice prior to signing the agreement, and shall be drafted in form and content otherwise required Ny/applicable state law. No mobilehome owner signing a relocation assistance agreement provided for in this subsection mayl/contest the adequacy of the conversion impact report at the heari�g on such report. Any mobilehome owner signing such an agreement may rescind it in writing within ten days of signing it. Afiy such agreement which is procured by fraud, misrepresentation, coercion or duress, of any kind, shall be void and unenforcea, e. D. No benefits shall be provided t d�ny person who is renting a mobilehome from the park owner (who owns the mobilehome) where such tenant shall hake 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 tena t shall have executed a written acknowledgment t at he or she has read and understands his or her rights pursuant to/this chapter and knowingly agrees to waive them. E. No waiver by an eligible mobilehome owner of any of his/her rights pursuant to his section shall be valid or effective for any purpose except witli regard to a relocation assistance agreement as provided in subsee/tion C of this section. DF.AlterrSative Housiniz. If the mobilehome owner cannot be relocated in accordance witdthe procedures contained herein, the applicant has the option of making aAa lable suitable alternative housing,together with compensation, to such mobilehome owner. Where alternative housing is proposed, it shall be available in the following categories: 1. Senior citizen housing; 2. Affordable housing; and legisdrft/04zoning/chap 234-LD/10/14/04 5 3. Market rate housing. E. N46dific-a ien of Releeatien Plan. Any appheant and fnebileheme eyvn +,, »y agree to the.a; ,+ o standafds and o+>,, as ~+ o l +t,'s-seeie�-a~-- the uulV of the fiefiee of intefA to ehange use. FG. Compensation Appeals. Appeals from the amount of compensation to be given a mobilehome owner shall be filed with the applicant within thirty(30) clays after-the mobilehome owner has notice of the amount he/she is to receive. The applicant shall acknowledge any appeal within thirty(30)"cjays, and if an agreement cannot be reached, the matter shall be referred to a whether professio 1 arbitrator. 1 V UVLlil111111\: v 7 and apptH4ena-nees shall be valtied in the same m—afl-fief. FAH. Purchase Rights. The mobilehome owners shall receive written guarantee of first-right-of- refusal to purchase units if the development4which replaces the mobilehome park is to be residential in whole or in part. H.I. Miscellaneous. That the applicant has complied with all applicable city ordinances and state regulations in effect at the ti ee the relocation assistance plan was approved. That the applicant has complied with the conditions of approval, including the following items: 1. Mobilehome owners will not be forced to relocate prior to the end of their leases. 2. Mobilehome o ers have been given the right to terminate their leases upon approval of th relocation assistance plan. 3. Demolitio or construction will not occur until the relocation assistance plan is approved d the eighteen (18) month notification period has expired. 234.09 A li ation for Exemption from Relocation Assistance Obli ations /Anyon who files an application for change of use of a ome park may, simultaneous with such application, file an on for total or partial exemption from the obligation to relocation assistance. pplication is filed, notice of such application, with the ion contained therein, and distribution thereof to the legisdrft/04zoning/chap 234-LD/10/14/04 6 owners and residents of the mobilehome park shall be provided with the application for change of use. C. Any such application shall state that it is made on either or both of the following bases: 1. That provision for relocation assistance would elimin e substantially all reasonable use or economic value the property. Such basis may only be established if' is demonstrated that the imposition of such obli tions would eliminate the reasonable use or economic va a of the property for alternate uses, and that cont' ued use of the property as a mobilehome park would iminate substantially all reasonable use or economic value f the property for reasons not caused or contributed the park owner or applicant. 2. That a court of competent j isdiction has determined in connection with a proceed' g in bankruptcy that the closure or cessation of use of sai property as a mobilehome park is necessary, and that su court has taken further action which would prohibit or pr clude payment of relocation assistance benefits, in whole in part. D. Any such application in de pursuant to subsection (c)(1) shall contain, at a minimum, the fol wing information: 1. Statemen of profit and loss from the operations of the mobile me for the most recent five-year period of the date of the a lication or request, certified by a certified public acc ntant. All such statements shall be maintained in co fidence 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 Iegisdrft/04zoning/chap 234-LD/10/14/04 7 park; that such contractor has determined that certain repairs and improvements must be made to the park 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 there with the costs thereof with the costs of repairs and improvements; if any, due to deferred maintenan separately identified. The applicant shall also submit a st ement verified by a certified public accountant as to necessary increase in rental rates of mobilehome sees within the park within the next five years necessary to,��pay for such repairs or improvements. If the director requ 7'es an analysis of the information submitted by the general contractor, the director may procure services of another uch licensed general contractor to provide such written analysis, and the cost thereof shall be billed to and payment therefor shall be required from the applicant. 3. The estimated total,zst of relocation assistance which would otherwise be required to the provided pursuant to this chapter, which shall be based upon documented surveys, included withAhe application, of the available mobilehome spaces within twenty miles of the mobilehome park, residents of the park who are willing to relocate and those who would elect to sell their mobilehomes, 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 for redevelopment of the park, and an estimate of the value of such park by such appraiser if use of the property as a such park is continued. 5. Such other information which the applicant believes to be pertinent, or which may be required by the director. E. Any such application filed pursuant to subsection (c)(2) shall be accompanied by adequate documentation as to the title, case legisdr8/04zoning/chap 234-LD/10/14/04 8 number, and court in which the bankruptcy proceeding was held, and copies of all pertinent judgments, orders, and decrees of such court. 234.10 Acceptance of Reports The final form of the impact of conversion report and relocation assistance an will be as approved by the Planning Commission. The reports, if acceptable, shall main on file with the Director for review by any interested persons. Each of the mobileho owners shall be given written notification within ten(10) days of approval of the relocati assistance plan. 234.12 Actions of Planning Commission At the conclusion of its hearing, noticed as provided ' this code, the Planning Commission shall approve, conditionally approve, or deny said ' pact of conversion report and relocation assistance plan pursuant to the provisions of this icle, and such decision shall be supported by a resolution of the Planning Commission, sett' g forth its findings. 234.14 Fees Required Each impact report and relocation sistance plan submitted shall be accompanied by a fee established by resolution of the i y Council. legisdrft/04zoning/chap 234-LD/10/14/04 9 ATTACHMENT NO . 3 SUGGESTED FINDINGS OF APPROVAL SUGGESTED FINDINGS OF APPROVAL FOR ZONING TEXT AMENDMENT NO. 01-03: 1. Zoning Text Amendment No. 01-03 to amend Chapter 234, Section 234.08 and add Section 234.09 of the Zoning and Subdivision Ordinance is consistent with the objectives, policies, general land uses and programs specified in the General Plan and any applicable specific plan as it incorporates the most current State changes to the code. 2. In the case of a general land use provision, the zoning text amendment is compatible with the uses authorized in, and the standards prescribed for, the zoning district for which it is proposed. The amendment represents two minor changes that do not affect the overall intent of the ZSO with respect to Chapter 234. 3. A community need is demonstrated for the ordinance as it establishes a method of providing relocation assistance consistent with California Government Code Sections 65863.7. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice because the amendment brings the code in compliance with the California Government Code. Jmp/o4misc/findings/10/15/2004 RCA ROUTING SHEET INITIATING DEPARTMENT: City Attorney SUBJECT: Mobilehome Park Conversion Ordinance COUNCIL MEETING DATE: October 18, 2004 RCA ATTACiH=MENTS STATUS ;y.r .z Ordinance (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Attached ElContract/Agreement (w/exhibits if applicable) Not Applicable (Signed in full by the City Attorney) Subleases, Third Party Agreements, etc. Attached ElNot Applicable (Approved as to form by City Attorne ) Certificates of Insurance (Approved b the City Attorne Attached ❑ ( PP Y Y Y) Not Applicable Attached ❑ Fiscal Impact Statement (Unbudget, over $5,000) Not Applicable Attached ❑ Bonds (If applicable) Not Applicable Attached ❑ Staff Report (If applicable) Not Applicable Commission, Board or Committee Report If applicable) Attached ❑ p ( pp ) Not Applicable ❑ Attached ❑ Findings/Conditions for Approval and/or Denial Not Applicable EXPL`ANAT;IQWF-OR MISSING.ATTAC'H. 8 TS REVIEWED : rRETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator (Initial) ( ) City Clerk ) .EXPL"ANA3TION,FOR RETURN OF ITEM: Only)(Below Space For City Clerk's Use RCA Author: imp COVER PAGE REQUEST FOR LATE SUBMITTAL (To accompany RCA) Department: City Attorney Subject- Mobile Home Park Conversion Ordinance Council Meeting Date: Date of This Request: 10/15/04 10/18/04 REASON (Why is this RCA being submitted late?): City Council directed its return on 10/4/04 to the 10/18/04 meeting, which was inadequate time to prepare by the agenda deadline of 10/04/04. EXPLANATION (Why is this RCA necessary to this agenda?): City Council directed it to be placed on 10/18/04 agenda. CONSEQUENCES How shall delay of this RCA adversely impact the City?): Delayed consideration of Council-directed modification to ordinance. r s. r t4 A 4 d Signature: Appr ved ,:© nied Jen fifer McGr Penel pe Culbreth-Graft Department Head C' Administrator 04-23 Mobile Home Pk Conversn LateForm 11 07/14/94 (9) October 4, 2004 - Council/Agency Agenda - Page 9 (?tO fV D-2. ,,/(City Council) Public Hearing to Consider Approvalof Zoning Text Amendment ZTA No. 01-03 (Mobile Home Park Conversions) Amending Chapter 234 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) Relating to Relocation Benefits—Approve Introduction of Ordinance No. 3684— Direct Planning Staff to Conduct Research of Further Modifications to Chapter 234 (450.20) Applicant: City of Huntington Beach Re uest: ZTA: To amend Chapter 234 Mobilehome Park Conversions of the Huntington Beach Zoning and Subdivision Ordinance related to relocation benefits for mobilehome owners when a mobilehome park is converted. Location: Citywide. Environmental Status: Notice is hereby given that this agenda item, Zoning Text Amendment No. 01-03 is categorically exempt from the provisions of the California Environmental Quality Act. ON FILE: A copy of the proposed request is on file in the City Clerk's Office, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office on Friday, October 1, 2004. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. If there are any further questions please call the Planning Department at(714) 536- 5271 and refer to the above items. Direct your written communications to the City Clerk. 1. Staff report 2. City Council discussion 3. Open public hearing 4. Following public input,close public hearing Recommended Action: Motion to: 1. AfteF Gity G!eFk reads by title, approve f9F iRtreduGtien by F911 Gall Yete, 0Fdina No. 3684 �An Qr4naRGe of the City of Huntington BeaGh Amending Chapter 234 h4obi;eheme P-aFk oenver-si n ,„(nTTnCHn ENT NO. 1) and-Z-e;iRg�Te�t .A.MeR`mMeRt-No. 01_03 with Findings feFAppFeval (ATTACHMENT N0 `)-, r-r-r�v and 2. rliron4 Planning staff tG nr)nrli Gt additional reseaFGh Of 4n City Attorney Jennifer McGrath presented oral report. Council voiced concerns regarding fair market value, 20 mile radius, additional compensation, difficulty in moving mobile homes, pro rated provision, property tax and defensibility of ordinance. (10) October 4, 2004 -Council/Agency Agenda - Page 10 Speakers spoke in opposition to the recommended action stating that attornies on behalf of the mobile home owners should have an opportunity to review the proposed ordinance. Speakers spoke on record in strong opposition to proposed ordinance, citing state laws and requirements. Speak spoke in opposition to proposed ordinance stating his opinion that this would put an undue burden on the mobile home property owners and violate their property rights. Speaker presented a recommendation regarding reasonable costs of relocation for proposed Ordinance Section 234.08A. Speaker spoke regarding the need to update the current code. Motion as amended to direct City Attorney to add to ordinance the Windsor conversion relocation costlanguage. ,\.Approved 5- 1 (Green-No) Motion as amended to delete language 234.08 section C-additional_ compensation. Approved 6- 0 Motion as amended to reopen closed Public Hearing and continue open to October 18, 200.4. Approved 6- 0 Council/Agency Meeting Held: Deferred/Continue to: /0/Zjr-0 ❑ Approved ❑ Conditionally Approved ❑ Denied Ize�Ojy C y C rk's 8igna6rh Council Meeting Date: 10/4/2004 Department Number: CA 04-23 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR CITY COUNCILMEMBERS a SUBMITTED BY: JENNIFER McGRAity Attorney PREPARED BY: JENNIFER McGRAT ityAttorney SUBJECT: Modification of Mobilehome Park Conversion Ordinance (Hunting ion Beach Zoning & Subdivision Ordinance Code Chapter 234). -> Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,AttachmentS) i Statement of Issue: On September 6, 2004, the City Council directed the preparation of an ordinance modifying the relocation benefits received by a mobilehome park tenant upon the application for a change in use of a mobilehome park. Funding Source: Not applicable. Recommended Actions: 1. Approve for introduction Ordinance No.3�,�`/"An Ordinance of the City of Huntington Beach Amending Chapter 234 of the Huntington Beach Zoning and Subdivision Ordinance Pertaining to Mobilehome Park Conversions" and Zoning Text Amendment No. 01-03 with findings for approval. 2. Direct Planning staff to conduct additional research of further modifications to Chapter 234. Alternative Action(s): Do not adopt Ordinance No.3� . Analysis: On September 6, 2004, the City Council directed the preparation of an ordinance modifying Huntington Beach Zoning and Subdivision Ordinance Code Chapter 234. Specifically, City Council directed the following: 1) Modify the purchase price of a mobilehome to in-place fair market value; 2) Reduce the acceptable relocation radius to 20 miles; and 3) Require the mobilehome park owner to provide relocation benefits to all residents who vacated the park due to abandonment or foreclosure resulting from an elevation in space rent in the three years prior to the owner's intent to close the park, or to deposit the equivalent monies to be used for affordable housing. ' G:\RCA\2004\04-23 Mobilehome Park.dot -1- 9/28/2004 8:36 AM REQUEST FOR ACTION MEETING DATE: 10/4/2004 DEPARTMENT ID NUMBER:CA 04-23 In reviewing similar ordinances from other jurisdictions, the attached ordinance has been drafted to meet the direction of the City Council to the extent possible and address state law restrictions on the City's ability to regulate in this area of law. I am recommending additional staff review of the ordinance if adopted, as there are a number of issues which are not yet addressed. 1. Fair Market Value Purchase Price: The majority of the jurisdictions which incorporate fair market value for the purchase price of the mobilehome, also include other language to comport with state law and avoid economic waste of the property. I have incorporated some, but not all, of these provisions into the ordinance as presented to improve the defensibility of the ordinance. Specifically, the ordinance utilizes fair market value as one of the components for consideration of the appropriate relocation benefits but does not permit an individual to receive benefits which exceed "reasonable relocation costs" as mandated by California Government Code Section 65863.7(e). In addition, the ordinance provides for a mechanism for the applicant to request an exemption from the payment of relocation benefits in the event of bankruptcy or elimination of economic value as part of the public hearing. 2. Twenty Mile Radius of Relocation This modification was incorporated as specified by City Council with no additional modifications to the section. Please note that there are different alternatives amongst the other jurisdictions regarding what is included or excluded for relocations costs. 3. Additional Compensation Based on Previous Three Years Mobile Home Residency Law ("MRL") currently protects a tenant from the expiration and non-renewal of their lease by the park owner. The MRL outlines the exclusive list of reasons tenancy can be terminated. California Civil Code § 798.56. In addition, state law restricts mitigation measures to the reasonable relocation costs. It is likely that the use of unclaimed funds to provide affordable housing and/or the payment of relocation benefits to the former resident's heirs would exceed reasonable relocation costs. If so, the section would be preempted and unenforceable. Based on concerns regarding the constitutionality of this section, the following paragraph has not been included in the ordinance. H. Conditional Compensation. Mobilehome park owners applying to the City for a conversion of use must submit satisfactory documentation evidencing the following for each month for the period three years prior to the owner's initial announcement of his or her intent to close the park through the date of application to the City: each resident within the park, identifying all residents with children, disabled residents, and senior residents; the square footage of each mobilehome lot; the monthly rental rate for each mobilehome lot; and the monthly G:\RCA\2004\04-23 Mobilehome Park.dot -2- 9/28/2004 8:36 AM. REQUEST FOR ACTION MEETING DATE: 10/4/2004 DEPARTMENT ID NUMBER:CA 04-23 space vacancies. For any resident during this period that the City determines lost their mobilehome due to abandonment or foreclosure resulting from an elevation in space rent, the park owner shall be obligated to pay all compensation that would have otherwise been due under this ordinance. The park owner shall locate any such former residents and provide current contact information to the City. If any such former residents cannot be located, the City shall hold their compensation in trust for three (3) years. At the end of this time, if the former resident (or the resident's heirs, if the resident is deceased) has not been located, the funds will be used to provide affordable housing in the City. 4. Additional Issues: There are a number of additional issues that have not been addressed by the proposed ordinance. For example, the proposed ordinance does not address how the fair market value of a mobilehome will be determined. Some jurisdictions require appraisals, while others use comparable sales in the park itself. Other jurisdictions outline the factors to be considered in the appraisal, such as the condition of the coach and the location of the park itself. Additional issues include the appropriateness of rental assistance if the individual receives fair market value for their mobilehome and the provision of assistance to relocatees through housing experts. As this area of regulation is heavily litigated, it is recommended that City Council direct Planning staff to conduct additional research of this ordinance if it is adopted. Lastly, please note that the City of Huntington Beach is the park owner at Ocean View Estates; however, the mobilehome use is temporary pursuant to the Conditional Use Permit. Therefore, upon its reversion back to park use, there will be no requirement to file a Conditional Use Permit for conversion and therefore no relocation obligations will be .triggered. Environmental Status: The proposed project is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act because it represents a minor text change to the ZSO. Attachment(s): City Clerk's . - Number No. Description "An Ordinance of the City of Huntington Beach ry t x S3 Amending Chapter 234 of the Huntington Beach Zoning and Subdivision Ordinance Pertaining to Mobilehome Park ` Conversions 2. Legislative Draft of Chapter 234 3. Findings of Approval G:\RCA\2004\04-23 Mobilehome Park.dot -3- 9/28/2004 8:36 AM ATTACHMENT , # 1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMEND G CHAPTER 234 OF THE HUNTINGTON BEACH ZONING AND SUBDJXIISION ORDINANCE PERTAINING TO MOBILEHOME PARK CONVER IONS. The City Council of the City of Huntington Beach hereby ordains foll s: SECTION 1. Section 234.04 of the Huntington Beach Subdivisio and Ordinance Code is hereby amended to read as follows: 234.04 Definitions Words and phrases whenever used in this chapter shall be co strued as defined herein unless from the context a different meaning is intended and more particular directed to the use of such words and phrases. A. Affordable unit. A unit that is sold to and occupie, by a low or moderate income household. Affordable unit shall also mean a rental unit for hich the monthly payment does not exceed 25 percent of the household's gross income for ow income households or 30 percent of the household's gross income for moderate income households. B. Applicant. The person, firm, corporation, artnership, or other entity having leasehold interest or fee ownership in the operatio/�of a mobilehome park. l C. Change of use. Use of the park for a purpose other than the rental or the holding out for rent of two or more mobilehome sites to ccommodate mobilehomes used for human habitation, and shall not mean the adoption, amendment, or repeal of a park rule or regulation. "Change of use" may affect an entire park r any portion thereof, and such "change of use" shall include, but is not limited to, a/Zaange of a park or any portion thereof to a condominium, stock cooperative, planned un development, commercial use, industrial use, or vacant land. D. Eligible owner. Any mobil home owner owning a mobilehome in a park at the time of issuance of the notice of i tent to change use, but shall not include any mobilehome owner who is renting his unit to another party at such time. E. Market rate unit. A r idential unit that is sold on the open market without constraints imposed on the sale price,rental rate, or buyer qualifications. F. Mobilehome. A ructure designed for human habitation and for being moved on a street or highway under rmit pursuant to the California Vehicle Code Section 35790. Mobilehome does not inclu a recreational vehicle, as defined in the California Civil Code Section 799.24, or a c mmercial coach, as defined in Health and Safety Code Section 18218. G. Mobileho e Park. An area of land where two or more mobilehome sites are rented, or held out for rent--, to accommodate mobilehomes used for human habitation. Mobilehome park shall not include a mobilehome subdivision of stock cooperative. ord/04zoning/chap 234 ord/9/27/04 I H. Mobilehome space. Any area,tract of land, site, lot, pad or portion of a mobilehome park designated or used for the occupancy of one mobilehome. I. Notice of intent to change use. Notification as required by Californi : ivil Code Section 798.56(g)(2). (3595-1/03) J. Senior citizen unit. A residential unit which meets the standard for an affordable unit which is situated in a project that is designed to accommodate senior citizens through special financing programs and/or modified development standards. SECTION 2. Section 234.08 of the Huntington Beach Subdivision and Ordinance Code is hereby amended to read as follows: 234.08 Mitigation of Adverse Impacts and Reasonable Costs of Relocation-Relocation Assistance Plan: Pursuant to California Government Code Section 65'863.7(e), the applicant shall include within the report the steps the owner proposes to mitigateany adverse impact on the ability of displaced park residents to find adequate housrn in a mobilehome park, including the reasonable costs of relocation. The applicant equired to take steps to mitigate such adverse impact which shall not exceed the reasonablexosts of relocation, except where and to the extent that any such applicant shall have been exempted from any such requirement pursuant to Section 234.09. f The following shall constitute minimurryfstandards for an acceptable relocation assistance plan: A. Relocation Costs. All eligible mobilehome owners shall be entitled to receive the cost of relocation. Those costs shall be imited to disconnection and disassembly of the mobilehome,transportation ode mobilehome, all readily movable appurtenances and contents to another mobilehome park and the cost of all hookups at the new site. All such expenses shall be identified an d paid by the applicant at the time of the move. The park to which the unit is relocated hall be within twenty(20)miles of the city. If the mobilehome owner desires relocation�eyond twenty(20)miles,the mobilehome owner shall be responsible for the additional costs associated with relocation beyond the twenty (20)mile limit established by the chapter. B. Mobilehome Purchase. If the mobilehome owner cannot be relocated to another park in accordance with th procedures herein, the applicant shall purchase the mobilehome and any optional equipmet and/or tag-a-longs and expando rooms from the mobilehome owner which shall not e ceed the reasonable relocation costs giving consideration to each of the following facto s: l. The ' -place fair market value of each mobilehome, in an amount not less than the rep cement cost of a coach of similar size and square footage and up to one hundred p cent 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. ord/04zoning/chap 234 ord/9/27/04 2 2. The age,type, style, size and amenities of each mobilehome. , The applicant may grant one (1) six-month extension to the len°gth of time given to the mobilehome owners in the notice of intent to change use/by notifying the mobilehome owners of such extension at least four(4) months prior to the date specified in such notice. The extension shall be granted fo no more and no less than six (6) months. f An applicant may, with the consent of the mobilehome owner,transfer a mobilehome unit to another space in the park. Such transfer shall not constitute permanent relocation, and the cost of all such moves shall be borne by the applicant. 5 C. Additional Compensation. In order to reduce the impact of relocation to alternative housing further, the applicant shall pay a cost of housing differential of 50 percenof the increase in the cost of housing for the first year, not to exceed seven hundred fifty dollars ($750) for each mobilehome owner. D. In order to facilitate the intentions of the mobilehome owners 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 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 arkattachment, 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 ifti 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. E. No benefits shall b(emobilehome) ided to any person who is renting a mobilehome from the park owner(who owns � where such tenant shall have executed a written agreement with stck owner waiving his or her rights to any such benefits. No such waiver shall be,j�'alid, unless it contains the text of this section, and unless such tenant shall have executed written acknowledgment that he or she has read and understands his or her rights pursuant to this chapter and knowingly agrees to waive them. F. No waive by an eligible mobilehome owner of any of his/her rights pursuant to this section shall be alid or effective for any purpose except with regard to a relocation assistance agree nt as provided in subsection C of this section. G. Alte ative Housin . If the mobilehome owner cannot be relocated in accordance with the pr edures contained herein, the applicant has the option of making available suitable alt rnative housing,together with compensation,to such mobilehome owner. ord/04zoning/chap 234 ord/9/28/04 3 Where alternative housing is proposed, it shall be available in the following categories: 1. Senior citizen housing; 2. Affordable housing; and 3. Market rate housing. H. Compensation Appeals. Appeals from the amount of compensation to be given a mobilehome owner shall be filed with the applicant withiriAirty(30) days after the mobilehome owner has notice of the amount he/she yirty receive. The applicant shall acknowledge any appeal within (30) days, and if an agreement cannot be reached, the matter shall be referred to a 'rofessional arbitrator. I. Purchase Rights. The mobilehome owners sh receive written guarantee of first-right- of-refusal to purchase units if the developme t which replaces the mobilehome park is to be residential in whole or in part. J. Miscellaneous. That the applicant has c mplied with all applicable city ordinances and state regulations in effect at the time t relocation assistance plan was approved. That the applicant has complied wit, the conditions of approval, including the following items: 1. Mobilehome owners will of be forced to relocate prior to the end of their leases. 2. Mobilehome owners h e been given the right to terminate their leases upon approval of the reloca on assistance plan. 3. Demolition or cons ction will not occur until the relocation assistance plan is approved and the ighteen (18) month notification period has expired. SECTION 3. Section 234.09 is hereby added to Chapter 234 of the Huntington Beach Subdivision and Ordinance Code, said section to read as follows: 234.09 Application fo exem tion from relocation assistance obligations. A. Any person who files an application for change of use of a mobilehome park may, simultaneous 'th such application, file an application for total or partial exemption from the obligatio to provide relocation assistance. B. If such app ication is filed, notice of such application, with the information contained therein, d to thereof to the owners and residents of the mobilehome park shall be provide with the application for change of use. C. Any s ch application shall state that it is made on either or both of the following bases: 1. That provision for relocation assistance would eliminate substantially all reasonable use or economic value of the property. Such basis may only be established if it is ord/04zoning/chap 234 ord/9/27/04 4 demonstrated that the imposition of such obligations would eliminate t e 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 co, ection with a proceeding in bankruptcy that the closure or cessation ofd se 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 ass' tance benefits, in whole or in part. D. Any such application made pursuant to subsecti n(c)(1) shall contain, at a minimum, the following information: 1. Statements of profit and loss from operations of the mobilehome for the most recent five-year period of th- 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 th t 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 the park to maintain the park in a decent, safe and sanitary condition; the minimum period of time is which such improvements or repairs must be made; an itemized statement of such improvements and repairs; and the estimated cost thereof with the costs thereof with the costs 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 rates of mobilehome spaces within the park withinthe next five years necessary to pay for such repairs or improvements. If the/director requires an analysis of the information submitted by the general contractor, the director may procure services of another such licensed general contractor to provide such written analysis, and the cost thereof shall be billed to and payment therefor shall be required from the applicant. 3. /The estimated total cost of relocation assistance which would otherwise be required to the provided pursuant to this chapter, which shall be based upon documented surveys, included with the application, of the available mobilehome spaces within twenty miles of the mobilehome park, residents of the park who are willing to relocate and those who would elect to sell their mobilehomes, and the value of the mobilehomes in the park. ord/04zoning/chap 234 ord/9/27/04 5 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 for redevelopment of the park,and an estimate of the value of such park by such appraiser if use of the pr perty as a mobilehome park is continued. 5. Such other information which the applices to be pertinent, or which may be required by the director. E. Any such application filed pursuant to subseZ�Zer,!alndscourt ionhall be accompanied by adequate documentation as to the title, case in which the bankruptcy proceeding was held, and copies all pertinent judgments, orders, and decrees of such court. SECTION 4. This ordinance shall become eff ctive 30 days after its adoption: PASSED AND ADOPTED by the City Co cil of the City of Huntington Beach at a regular meeting thereof held on the day of 92004. f Mayor APPROVED AS TO FORM: ATTEST: / s` r City Attorney City Clerk ' r REVIEWED AND PR V a City Administrator..j P. 7 i 5 ord/04zoning/chap 234 ord/9/27/04 6 ATTACHMENT #2 ORDINANCE NO. LEGISLATIVE DRAFT , /r Ma yy% Captelr ,. , eb�om w, nerr '' u (3334-6/97,3595-1/03) Sections: 234.02 Applicability 234.04 Definitions 234.06 Removal of MHP Overlay or RMP Zone or Change of Use 234.08 Mitigation of Adverse Impacts and Reasonable Costs of Relocation - Relocation Assistance Plan 234.09 Application for Exemption from Relocation Assistance Obligations 234.10 Acceptance of Reports 234.12 Action by Planning Commission 234.14 Fees Required 234.02 Applicability All findings required for removal of the MHP overlay zone shall also be applied to requests for rezoning existing RMP districts to different zoning districts, and for any change of use as hereinafter defined. All findings required for removal of the MHP overlay, rezoning from RMP or change in use shall be required for all property upon which a mobilehome park then exists, or upon which a mobilehome park existed at any time within the preceding five (5) years. 234.04 Definitions Words and phrases whenever used in this chapter shall be construed as defined herein unless from the context a different meaning is intended and more particularly directed to the use of such words and phrases. A. Affordable unit. A unit that is sold to and occupied by a low or moderate income household. Affordable unit shall also mean a rental unit for which the monthly payment does not exceed 25 percent of the household's gross income for low income households or 30 percent of the household's gross income for moderate income households. B. Applicant. The person, firm, corporation,partnership, or other entity having leasehold interest or fee ownership in the operation of a mobilehome park. C. Change of use. Use of the park for a purpose other than the rental or the holding out for rent of two or more mobilehome sites to accommodate mobilehomes used for human habitation, and shall not mean the adoption, amendment, or repeal of a park rule or regulation. "Change of use" may affect an entire park or any portion thereof, and such "change of use" shall include, but is not limited to, a change of a park or legisdrft/04zoning/chap 234-LD/9/27/04 1 any portion thereof to a condominium, stock cooperative,planned unit development, commercial use, industrial use, or vacant land. D. Eligible owner. Any mobilehome owner owning a mobilehome in a park at the time of issuance of the notice of intent to change use, but shall not include any mobilehome owner who is renting his unit to another party at such time. E. Market rate unit. A residential unit that is sold on the open market without constraints imposed on the sales price, rental rate, or buyer qualifications. F. Mobilehome. A structure designed for human habitation and for being moved on a street or highway under permit pursuant to the California Vehicle Code Section 35790. Mobilehome does not include a recreational vehicle, as defined in the California Civil Code Section 799.24, or a commercial coach, as defined in Health and Safety Code Section 18218. G. Mobilehome Park. An area of land where two or more mobilehome sites are rented, or held out for rent, to accommodate mobilehomes used for human habitation. Mobilehome park shall not include a mobilehome subdivision of stock cooperative. H. Mobilehome space. Any area,tract of land, site, lot,pad or portion of a mobilehome park designated or used for the occupancy of one mobilehome. I. Notice of intent to change use. Notification as required by California Civil Code Section 798.56(g)(2). (3595-1/03) regulations Ter establishing the eest basis, as figund in the States Cede Title - 26 internal Revenue r�snall be used. iieh- ehasepfiee sl3a4l be vefi€red by Lll\.•mobileheme o 0 0 eL cc pr-iE " shall net include eest vi fkianCi - K—. I Senior citizen unit. A residential unit which meets the standards for an affordable unit which is situated in a project that is designed to accommodate senior citizens through special financing programs and/or modified development standards. 234.06 Removal of MHP Overlay or RMP Zone or Change of Use The City Council shall not approve a zone change for any parcel when such change would have the effect of removing the MHP or RMP designation from that property, or approve a change of use unless the following findings have been made: legisdrft/04zoning/chap 234-LD/9/27/04 2 A. That all applicable requirements as set forth in California Government Code Section 66427.4, or 65863.7, whichever is applicable, have been completed. (3595-1/03) B. That the proposed zoning is consistent with the General Plan of the City of Huntington Beach and all elements thereof; and for projects located within the coastal zone that the proposed zoning is consistent with the Land Use Plan portion of the Local Coastal Program. (3334-6/97) C. That the proposed change of land use will not have an adverse effect upon the goals and policies for provision of adequate housing for all economic segments of the community, as set forth in the Housing Element of the Huntington Beach General Plan. D. That the property which is the subject of the zone change would be more appropriately developed in accordance with uses permitted by the underlying zoning, or proposed zoning. E. That a notice of intent to change the use of a mobilehome park and relocate mobilehome owners was delivered to such owners and to the Department of Community Development at least eighteen (18) months prior to the date the mobilehome owner is required to vacate the premises. F. The zone change shall not become effective unless a Local Coastal Program amendment is effectively certified by the Coastal Commission. (3334-6/97) 234.08 Mitigation of Adverse Impacts and Reasonable Costs of Relocation- Relocation Assistance Plan: Pursuant to California Government Code Section 65863.7(e), the applicant shall include within the report the steps the owner proposes to mitigate any adverse impact on the ability of displaced park residents to find adequate housing in a mobilehome park, including the reasonable costs of relocation. The applicant is required to take steps to mitigate such adverse impact which shall not exceed the reasonable costs of relocation, except where and to the extent that any such applicant shall have been exempted from any such requirement pursuant to Section 234.09. The following shall constitute minimum standards for an acceptable relocation assistance plan: A. Relocation Costs. All eligible mobilehome owners shall be entitled to receive the cost of relocation. Those costs shall be limited to disconnection and br-eakdo disassembly of the mobilehome, transportation of the mobilehome, all readily movable appurtenances and contents to another mobilehome park and the cost of all hookups at the new site. All such expenses shall be identified and paid by the applicant at the time of the move. The park to which the unit is relocated shall be within f0) twenty (20) miles of the city. If the mobilehome owner desires relocation beyond fik (50) twenty (20) miles, the mobilehome owner shall be responsible for the additional costs associated with relocation beyond the fik(50)twenty (20) mile limit established by this chapter. B. Mobilehome Purchase. If the mobilehome owner cannot be relocated to another park in accordance with the procedures herein, the applicant shall purchase the mobilehome and any optional equipment and/or tag-a-longs and expando rooms from the mobilehome owner at an ameui4 to be dete mined after reestablishing ing the ' t,, �a the date t f h 0 0 0r � a 0 0� � e a e o legisdrft/04zoning/chap 234-LD/9/27/04 3 which shall not exceed the reasonable relocation costs giving consideration to each of the following factors: 1. The in-place fair market value of each mobilehome, in an amount not less than the replacement cost of a coach of similar size and square footage and 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. Where pr-eef of pur-ehase is fiet a-vailable er-2verifiablo, and the manufaetuferls- ial i;st r o eafhqet be eeftainea the . a4ue of the ffiebile ,eme shall be Aq-ten the original o methe� Meb;lob,.„ es shall by deer-oeia4e t a rate f 4.7 p nt p begip",ing it 0 0 0 The applicant may grant one (1) six-month extension to the length of time given to the mobilehome owners in the notice of intent to change use by notifying the mobilehome owners of such extension at least four(4) months prior to the date specified in such notice. The extension shall be granted for no more and no less than six (6)months. An applicant may, with the consent of the mobilehome owner, transfer a mobilehome unit to another space in the park. Such transfer shall not constitute permanent relocation, and the cost of all such moves shall be borne by the applicant. C. Additional Compensation. ' that eannet be r-eleeated to any ether-park shall be ne less than fe�theusand five hundred exeeed five thetisand ,l llars ($5 000 In order to reduce the impact of relocation to alternative housing further, the applicant shall pay a cost of housing differential of 50 percent of the increase in the cost of housing for the first year, not to exceed seven hundred fifty dollars ($750) for each mobilehome owner. D. In order to facilitate the intentions of the mobilehome owners and an applicant for a change of use with regard to a change of use, the legisdrft/04zoning/chap 234-LD/9/27/04 4 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. E. 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 or she has read and understands his,or her rights pursuant to this chapter and knowingly agrees to waive them. F. No waiver by an eligible mobilehome owner of any of his/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 subsection C of this section. D-G.Alternative Housing. If the mobilehome owner cannot be relocated in accordance with the procedures contained herein,the applicant has the option of making available suitable alternative housing,together with compensation, to such mobilehome owner. Where alternative housing is proposed, it shall be available in the following categories: 1. Senior citizen housing; 2. Affordable housing; and 3. Market rate housing. legisdrft/04zoning/ehap 234-LD/9/28/04 5 H.Medifigatien of elpeatie„ Plan Any., ,..1;...,.,t and„web lehome.,,,aer-m shallEffi p ,..t be tom, l., .,th b lh o t 0 a e oer- e o e ee iv Yrivi to FH. Compensation Appeals. Appeals from the amount of compensation to be given a mobilehome owner shall be filed with the applicant within thirty(30) days after the mobilehome owner has notice of the amount he/she is to receive. The applicant shall acknowledge any appeal within thirty(30) days, and if an agreement cannot be reached, the matter shall be referred to a professional arbitrator. eempeasafienaeeur-ately he oc vi the the mebileheme the mobileheffle shall be > > stA�eeted-to the eemparisen test set etA else ere-in this secfie . and apptft4enanees shall be vpAtted in the same ffiannen GI. Purchase Rights. The mobilehome owners shall receive written guarantee of first-right-of- refusal to purchase units if the development which replaces the mobilehome park is to be residential in whole or in part. 14J. Miscellaneous. That the applicant has complied with all applicable city ordinances and state regulations in effect at the time the relocation assistance plan was approved. That the applicant has complied with the conditions of approval, including the following items: 1. Mobilehome owners will not be forced to relocate prior to the end of their leases. 2. Mobilehome owners have been given the right to terminate their leases upon approval of the relocation assistance plan. 3. Demolition or construction will not occur until the relocation assistance plan is approved and the eighteen(18)month notification period has expired. 234.09 Application for exemption from relocation assistance obligations. 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. B. If such application is filed, notice of such application, with the information contained therein, and distribution thereof to the owners and residents of the mobilehome park shall be provided with the application for change of use. legisdrft/04zoning/chap 234-LD/9/27/04 6 C. Any such application shall state that it is made on either or both of the following bases: 1. That provision for 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 subsection (c)(1) shall contain, at a minimum, the following information: 1. Statements of profit and loss from the operations of the mobilehome for the most recent five-year period of 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 the park to legisdrft/04zoning/chap 234-LD/9/27/04 7 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 costs thereof with the costs 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 rates of mobilehome spaces within the park within the next five years necessary to pay for such repairs or improvements. If the director requires an analysis of the information submitted by the general contractor, the director may procure services of another such licensed general contractor to provide such written analysis, and the cost thereof shall be billed to and payment therefor shall be required from the applicant. 3. The estimated total cost of relocation assistance which would otherwise be required to the provided pursuant to this chapter, which shall be based upon documented surveys, included with the application, of the available mobilehome spaces within twenty miles of the mobilehome park, residents of the park who are willing to relocate and those who would elect to sell their mobilehomes, 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 for redevelopment of the park, 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 director. E. Any such application filed pursuant to subsection (c)(2) shall be accompanied by adequate documentation as to the title, case number, and court in which the bankruptcy proceeding was held, legisdrft/04zoning/chap 234-LD/9/27/04 8 and copies of all pertinent judgments, orders, and decrees of such court. 234.10 Acceptance of Reports The final form of the impact of conversion report and relocation assistance plan will be as approved by the Planning Commission. The reports, if acceptable, shall remain on file with the Director for review by any interested persons. Each of the mobilehome owners shall be given- written notification within ten(10) days of approval of the relocation assistance plan. 234.12 Actions of Planning Commission l At the conclusion of its hearing, noticed as provided in this code, the Planning Co mission shall approve, conditionally approve, or deny said impact of conversion report and relocation assistance plan pursuant to the provisions of this article, and such decision shall be supported by a resolution of the Planning Commission, setting forth its findings. 234.14 Fees Required Each impact report and relocation assistance plan submitted shall be accompanied by a fee established by resolution of the City Council. legisdrft/04zoning/chap 234-LD/9/27/04 9 ATTACHMENT NO . 3 SUGGESTED FINDINGS OF APPROVAL SUGGESTED FINDINGS OF APPROVAL FOR ZONING TEXT AMENDMENT NO. 01-03: 1. Zoning Text Amendment No. 01-03 to amend.Chapter 234, Section 234.08 and add S �ction 234.09 of the Zoning and Subdivision Ordinance is consistent with the objectives,policies, gene al land uses and programs specified in the General Plan and any applicable specific plan as it incorporates the most current State changes to the code. 2. In the case of a general land use provision, the zoning text amendment is compatible th the uses authorized in, and the standards prescribed for, the zoning district for which it is propo I ed. The amendment represents two minor changes that do not affect the overall intent of the ZS with respect to Chapter 234. 3. A community need is demonstrated for the ordinance as it establishes an equitable and reasonable method of determining fair-market value and relocation assistance pursuant to California Government Code Sections 65863.7. 4. Its adoption will be in conformity with public convenience, general welfare and good z ning practice because the amendment brings the code in compliance with the California Government ode. Jmp/o4misc/findings/9/24/2004 RCA ROUTING SHEET INITIATING DEPARTMENT: City Attorney SUBJECT: Mobilehome Park Conversion Ordinance COUNCIL MEETING DATE: October 4, 2004 RC&ATTACH'M' NTS.%" TATUS Ordinance (w/exhibits & legislative draft if applicable) Attache Not Appi cable ❑ Resolution (w/exhibits & legislative draft if applicable) Attached lII ❑ Not Appl,cable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Appl cable Attached ❑ Contract/Agreement (w/exhibits if applicable) Not Appli able (Signed in full by the City Attorney) ❑ Subleases, Third Party Agreements, etc. Not Attached Appli able (Approved as to form b CityAttorne Certificates of Insurance (Approved b the City Attorne Attached ❑ ( PP Y Y Y) Not Appll able Attached ❑ Fiscal Impact Statement (Unbudget, over $5,000) Not Appli able Attached ❑ Bonds (If applicable) Not Applicable ❑ Staff Report (If applicable) Attached Not Applicable Commission, Board or Committee Report If applicable) Attached ❑ p ( pp ) Not Applicable ❑ s/Conditions for Approval and/or Denial Attached Find ings/Cond ❑ g pp Not A lic ble XpLA[ XT N FCDR t :5#[ACC ATTA£ �. ,. REVIE ED , RETURNEDFO : WARDED. c Al Administrative Staff Assistant City Administrator Initial City Administrator (Initial) ) ) City Clerk EXPLANATIjj FOR'RETUWOF.ITEM r^ . : '. . ,... . . .. ..'.._ .. Only)(Below Space For City Clerk's Use RCA Author: JMP N COVER PAGE REQUEST FOR LATE SUBMITTAL (To accompany RCA) z- Department: City Attorney Subject - Mobile Home Park Conversion Ordinance Council Meeting Date: Date of This Request: 9/24/04 10/4/04 `y REASON (Why is this RCA being submitted late? r City Council directed its return on 9/6/04 to the 10/4/04 meeting, which was ,? inadequate time to prepare by the agenda deadline of 9/20/04. s ii x- EXPLANATION (Why is this RCA necessary to this agenda?): City Council directed it to be placed on 10/4/04 agenda. z } CONSEQUENCES How shall delay of this RCA adversely impact the City?): Delayed consideration of Council-directed modification to ordinance. r} �_ A Signature: Approve O Denied \i Jennifer McGr h Penelope ulbreth-Graft Department Head Cit ministrator 04-23 Mobile Home Pk Conversn LateForm 07/14/94 F NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday October 4, 2004, at 7:00 p.m. in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following planning and zoning item: ❑ 1. ZONING TEXT AMENDMENT NO. 01-03 (MOBILEHOME PARK CONVERSIONS): Applicant: City of Huntington Beach. Request: ZTA: To amend Chapter 234 Mobilehome Park Conversions of the Huntington Beach Zoning and Subdivision Ordinance related to relocation benefits for mobilehome owners when a mobilehome park is converted. Location: Citywide. NOTICE IS HEREBY GIVEN that Item No. 1, Zoning Text Amendment No. 01-03 is categorically exempt from the provisions of the California Environmental Quality Act. ON FILE: A copy of the proposed request is on file in the City Clerk's Office, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office on Friday, October 1, 2004. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. If there are any further questions please call the Planning Department at (714) 536-5271 and refer to the above items. Direct your written communications to the City Clerk. Joan L.Flynn, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 (g\1ega1s\CCLGFRM2\02cc 1118) Jam Free Printing rUDLit-nr UNUINy %-LM% P-LL01 u i�n►iviv cy ®TEMPLATE 5960.1- MAILINGS— y AVERY® 5960TM -Use Ave rY G:t,aberss al=1s\ublic jdjWG0-AVERY President 1 Hun tin n Har POA 10 Sue johns 16 H.B. Chamber of Commerce P.O.Box 19671 Quiet e 19891 Beach Blvd.,Ste.140 Sunset B 90742 Huntingto each, 92648 Huntington Beach,CA 92648 Betty Jo Woollet[ 2 William D.Holman 11 Edna Littlebury . 17 Orange County Assoc.of Realtors PLC Gldn St.Mob.Hat.Owners Leag. 25552 La Paz Road 19 Corporate Plaza Drive 11021 Magnolia Blvd Laguna Hills,CA 92653 Newport Beach CA 92660-7912 Garden Grove,CA 92642 Pr ent 3 Tom Zam 12 Pa ' X aeological 18 Amigos o ca New est Socie 16531 Bo c�Street,Suite 312 520 100 P.O. H on Bea .92649 Monica,CA Ol Costa627 Attn: Sunset Beach Communi ssoc. 4 Pres.,I- t S ety 13 Director 19 Pat Thies, dea C/O New lan a Museum O.G�'+ ing.& ev.Services Dept PO Box 215 19820 Bea hrd P.O.Bo 8 Sunset B , �90742- 15 Huntington Beach,CA 92648 Santa a, 2702-4048 President ' 5 Corn" orn 'ty S •ces Dept. 14 V Wilsog� 19 Huntington Beach Tomorrow Chairperson 0. 1� Fac�ities&Res.Dept. PO Box 865 Historical urces P.0. 4048 Huntington Beach,CA 92648 Santa a, 92702-4848 Julie os 6 Council on Aging 15 P D' ctor 20 BIA-OC 1706 Orange Ave. City o to Mesa 17744 Sky Circle, 70 Huntington Beach,CA 92648 P. O. x 0 Irvine CA 92614-4441 Cost Iesa, 92628-1200 Richard Spicer 7 Jeff Me 16 P Du or 21 SCAG Seacliff H City o o ain Valley 818 West 7th,12th Floor 19391 Shady cle 10200 Ave. Los Angeles,CA 90017 Huntington Beach,CA 92648 Fountain V CA 92708 E.T.L:Co 100. 8 John Roe 16 PIaaing Dir for 22 Mary Bell Seacliff HOA City o� e)oort Beach 20292 Eastwo C 19382 S e Lan P.O.Bol Huntington Beach,CA 92646 Huntingt Beach,CA 92648 Newpo Bea ,CA 92663-8915 Al Hen ' er 9 Lou ICI one 16 P Dire r 23 Environmen ' and Chairman Seacliff H City of a ster 84�2 Grace c 19821 Oce Circle 8200 �' ter vd. Huntington each, 92646 Huntin Beach 92648 Wes683 w10965 @AU3AV a A)DAV-09-008-6 n10965 31V1dW31&4jaAv ash wo:)-Ajane MMA& 6ui;uiJd 89JA wer Z� }- O/ -d3 Plv/� Mark Porter Pauline Robison Thomas K. Sobek MHAB Member MHAB Member MHAB Member 18312 Parkview Lane, #202 16222 Monterey Lane, #107 7652 Garfield, Sp. #1 Huntington Beach, CA 92648 Huntington Beach, CA 92649 Huntington Beach, CA 92648 Barbara Boskovich Steve Gullage Daniel Kittredge MHAB Member MHAB Member MHAB Member 1.8341 Springtime Lane 18601 Newland #100 5332 Glenstone Drive Huntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach, CA 92649 Beachview Mobile Home Park Rancho del Rey Mobile Home Park Los Amigos Mobile Home Park Tower Management Co. Attn: Craig Houser Attn: Steven Kato Attn: Jonathan Boggs 16222 Monterey Lane 18601 Newland Street 80 South Lake Ave., Ste. 719 Huntington Beach, CA 92649 Huntington Beach, CA 92646 Pasadena, CA 91107 Brookfield Manor Mobile Homes Rancho Mobile Mobile Home Park Mariners Pointe Mobile Home Park Attn: Greg Hexburg Attn: Gay Smith Attn: William and Joanna Bruce 9850 Garfield Avenue 19361 Brookhurst Street 19350 Ward Street Huntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach, CA 92646 Cabrillo Mobile Home Park Sea Aira Mobile Home Park Pacific Mobile Home Park Mills Land and Water Co. Arc Investments Attn: Mark Hodgson Attn: Marta Webb Attn: Chuck Welby 80 Huntington Street 661 Brea Canyon Rd., Ste. #7 9597.Central Avenue Huntington Beach, CA 92648 Walnut, CA 91789 Montclair, CA 91763 Villa Huntington Mobile Castles Sea Breeze Mobile Estates Skandia Mobile Home Park Attn: Randy Macleod Attn: Leland Jay Hubbell Family, LLC 7850 Slater Avenue, Ste. 126 5200 Heil Avenue 16444 Bolsa Chica Street Huntington Beach, CA 92647 Huntington Beach, CA 92649 Huntington Beach, CA 92649 Huntington Mobile Estates Huntington by the Sea Mobile Home Pk Huntington Shorefliffs Mobile Home Attn: Don Castleman Mills Land and Water Co. Park Bandetti Management Corp. 2029 Century Park East, 17th Floor Attn: Marta Webb Attn: Bill Mecham Los Angeles, CA 90067 661 Brea Canyon Rd., Ste. #7 20701 Beach Blvd. Walnut, CA 91789 Huntington Beach, CA 92648 Huntington Harbor Mobile Home Park Del Mar Estates Mobile Home Park Ocean View Estates Mobile Home Pk HHME Homeowners'Assn. Attn: Greg Hexburg City of Huntington Beach Board of Directors 9850 Garfield Avenue 2000 Main St. 16400 Saybrook Lane Huntington Beach, CA 92646 Attn: Mike Heineke Huntington Beach, CA 92649 Huntington Beach, CA 92648 NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday October 4, 2004, at 7:00 p.m. in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following planning and zoning item: ❑ 1. ZONING TEXT AMENDMENT NO. 01-03 (MOBILEHOME PARK CONVERSIONS): Applicant: City of Huntington Beach. Request: ZTA: To amend Chapter 234 Mobilehome Park Conversions of the Huntington Beach Zoning and Subdivision Ordinance related to relocation benefits for mobilehome owners when a mobilehome park is converted. Location: Citywide. NOTICE IS HEREBY GIVEN that Item No. 1, Zoning Text Amendment No. 01-03 is categorically exempt from the provisions of the California Environmental Quality Act. ON FILE: A copy of the proposed request is on file in the City Clerk's Office, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office on Friday, October 1, 2004. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. If there are any further questions please call the Planning Department at (714) 536-5271 and refer to the above items. Direct your written communications to the City Clerk. Joan L.Flynn, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 (g\1ega1s\CCLGFRM2\02cc 1118) NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday October 4, 2004, at 7:00 p.m. in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following planning and zoning item: ❑ 1. ZONING TEXT AMENDMENT NO. 01-03 (MOBILEHOME PARK CONVERSIONS): Applicant: City of Huntington Beach. Request: ZTA: To amend Chapter 234 Mobilehome Park Conversions of the Huntington Beach Zoning and Subdivision Ordinance related to relocation benefits for mobilehome owners when a mobilehome park is converted. Location: Citywide. NOTICE IS HEREBY GIVEN that Item No. 1, Zoning Text Amendment No. 01-03 is categorically exempt from the provisions of the California Environmental Quality Act. ON FILE:. A copy of the proposed request is on file in the City Clerk's Office, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office on Friday, October 1, 2004. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. If there are any further questions please call the Planning Department at (714) 536-5271 and refer to the above items. Direct your written cornmunications to the City Clerk. Joan Flynn, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 (g\1ega1s\CCLGFRM2\02cc 1118) OCT 01 '04 11 27Af ARC INVESTMENTS P.2r2 �� ®n�estmentsr�o� ® ®"%W A Division of RAC Investments,Inc. AW AW 0597 Central Avenue•Montclair,CA 91763•(909)6244278•FAX(909)621-2667 October 1, 2004 Huntington Beach City Clerk 2000 Main Street Huntington Beach, CA 92648 Honorable Mayor Green and Members of the Council, I am a principal of a mobile home park in Huntington Heath and have been watching with interest the council's discussion of modification of the city's existing mobile home park conversion ordinance. While we do not plan to change the use of our park, I realize that circumstances could change in the future that might possibly warrant the consideration of changing the use of the 25 acres of land that the park sits on. As a property owner and business owner in the city, we are happy to be able to provide a quality environment for the mobile home owners in our community. Should the day ever come when a change of use for the property might be necessary, we will be prepared to treat our community residents fairly. However, in reviewing the proposed ordinance that you will be considering Monday. October 4, 2004, it seems anything but fair The requirement to pay "in-place" value gives the mobile home owners the expectation that they will be paid the highest price that any coach has sold for in the park. Today, homes are selling in our park for as much as $200,000, The adoption of this ordinance would require me to pay the tenants renting land in the park more than the land is worth! That flies in the face of fairness and reasonableness. I urge you to not adopt the proposed ordinance. Sincerely, Q1i` 1 UAW Keith R. Cunning cc: Vicki Talley, Executive Director of MHET /0Ax-/ate3) OCT-01-2004 11:24 909 621 2667 97% P.02 OCT 01 '04 11:26AM ARC INVESTMENTS P.1/2 "p,%ifivestmentscom A Division of RAC Investments Inc. r 9597 Central Avenue • Montclair, CA 91763 (909) 624 4278 • FAX (909) 621.2667 FAX TRANSMITTAL COVER SHEET TO:e &1knKh' a FAX NO: q14- 5�i -V{/ 3 3 _ FRIOMa b1l. r DATE: MESSAGE: pjea(k �jnjs� � HOD" 16 �►� �. ���e� � �g 4-D C end 4hL � , � -� I ( i K.e. ►m � a+nl on v�.I rc d . 'yncc. fr n � bi.4 ivu4(d 3 I P -+ &Iil1 (I Y1Ctr�t� U p �ri�I ►��� Jere_ i i THIS MESSAGI:IS INTENDED ONLY FOR THE USE TO THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY # PAGES CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. COVER + IF THE READER,OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT,YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS COMMUNICATION 1S STRICTLY PROHIBITED, IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY AT(909)624-4278 AND RETURN THE I FACSIMILE MESSAGE TO US VIA THE U.S.POSTAL SERVICE. THANK YOU, OCT-01-2004 11:24 909 621 2667 97> P.01 IMPORTANT DISTRIBUTION TO CITY COUNCIL, CITY ADMINISTRATOR AND CITY ATTORNDY TO: Huntington Beach City Clerk's Office FROM: Vickie Talley (949) 380-3300 RE: October 4, 2004 City Council Agenda Item D-2 Mobile Home Park Conversion Please distribute the attached letter and back up materials to: Mayor Green and Members of the City Council City Administrator Penny Culbreth-Graft — o/Wo�4 f9 City Attorney Jennifer McGrath �- Thank you! s' , Y 4/4wG � J CD w r t Manufactured Housing Educational 1 I j ` �„ ;0 iit 1 October 1, 2004 BOARD OF DIRECTORS Executive Board rg Houser t Craig Ho Mayor Cathy Green C Vice President Members of the City Council Arno Chauvel City of Huntington Beach Vice President Bob Olander 11 secretal, RE: Mobile Home Park Conversion Ordinance Modification Betty Miller Treasu-et. October 4,2004 Agenda Item D-22 Eileen Grillo Keith c Honorable Mayor Green and Members of the Council: Stan Magill,Jr.J Larz McAdoo Gary Raft Huntington Beach mobile home community owners and the members of the Boarnd Members Bob Bendetti Manufactured Housing Educational Trust are opposed to the proposed etti Stephen Esshnger amendments to the city's Mobile Home Park Conversion Ordinance Chapter 234. Ed Evans Clarke Eairbrother Jay Greening Richard A.Hall Huntington Beach mobile home park owners and MHET have gone on record Jerry Jacobson Bill Hanankkssagreeing that amendments are needed to make the existing city ordinance fair and Boyce Jones to bring it into compliance with state law. We have also consistently gone on Jeffrey A.Kaplan Stoe Kato record stating that the proposed amendments violate state laws governing mobile Fayette K t ,Lee M.Karrt home park closures the city charter and the United States constitution. Clint Lau Jim Martin w.Lee Miller Over the course of the past several months, we have provided the Council and Deann Panchen Chelo Travieso staff with information on city ordinances that are drafted to comply with state law, Past Presidents including the City of Anaheim's ordinance, However, at no time during the Ed Evans council's discussions of this topic has the information we submitted been J.R.Phillips W Lee Miller considered or included as part of the informational materials. It has been Robert Olander Sr. Gerry Dougher summarily ignored in favor of several conversion ordinances that were cherry Panl Bostwick Janet Gilbert picked by mobile home park tenants who want the city to pass a law that will Clarke Fahbrother prevent parks from closing or to guarantee them a tremendous wind fall profit if a Boyce Jones Chelu Travieso park does manage to close. This has been a blatantly biased and rushed approach Larz McAdoo James Jones to a very serious issue to both park residents and the owners of the land. Keith Casenhiser Lifetime I am again submitting for our consideration a chart comparing two Orange Achieveu�ent g g y p g g Award Recipient County city conversion ordinances, the state law and Huntington Beach's current John Crean ordinance along with another copy of the City of Anaheim's ordinance in hopes R.J.Brander Robert N.West that you will realize that this rush to adopt an ordinance flies in the face of Ed Evans existing laws, property rights and common sense. Anaheim has successfully Logan Boggs Above and Beyond closed several mobile home parks, in compliance with state law. There is a fair A ward Recipients and reasonable way to approach the issue of park closures, but the proposal before Stan Miner you is not fair and it will not withstand legal challenge. We agree with the City Stan Magill Y g g g Y Dan Jacobs Attorney's opinion that more research and study needs to be done. No parks are Paul Bostwick C.Brent Swanson considering closing. There is time to do the homework that is required to draft an Boyce D.Jones)im Martin ordinance that is fair and reasonable and will withstand a legal challenge. JtamesJones Executive Director Vickie Talley 25241 Paseo de,Alicia,Suite 120 •Laguna Hills, California 92653 ^ Phone. 949.380.3303 •Fax 949.380.3310 Established 1982 Serving Grange, Riverside and San Bernardino Counties Page Two At this point, in support of doing adequate research before adopting an ordinance, it seems appropriate to point out that before anyone moves into a mobile home park they are provided a copy of the state law that outlines the reasons that their tenancy may be terminated. The California Mobilehome Residency law, Section 798.56 is very clear and specific - tenancy may be terminated when a park closes or changes use. I've provided you with a highlighted copy of this law, which is required by state law to be given to every mobile home park resident by February each year. It is the opinion of our legal counsel that cities are preempted from adopting any law governing mobile home park closures. This opinion has been previously provided to you under separate cover along with a second concurring legal opinion. Huntington Beach City Attorney Jennifer McGrath has agreed in part with our legal counsel in that she has advised that any ordinance that is adopted cannot conflict with state law. In other words, it cannot require mitigation measures that exceed what state law requires. State law mandates that mitigation measures may not exceed the reasonable cost of relocation. The city attorney has cautiously included this language in the proposed ordinance and reports that case law has not established or defined the "reasonable costs of relocation". However, the conditions included in the balance of the ordinance are anything but "reasonable" and exceed any common sense approach to the "reasonable cost of relocation" and are in direct conflict with the very specific guidelines outlined by the state. Arguably, the cost of relocating a mobile home and the family living in the mobile home is rather straightforward and simple. The costs to relocate (move) a three bedroom, two bath double wide mobile home and the family living in the home, are noted below and, in today's market, add up to around $15,000, regardless of the age or condition of the home. The moving costs may, in. many cases, exceed the value of the home, depending on the age of the home. Mobile homes are personal property that depreciates, as provided for in the city's existing conversion ordinance. Typical mobile home and family relocation costs include: •taking the home apart • hooking it up to a truck • hauling it to another location • setting it up on the site with all of the accessory structures that existed on the site it was moved form (sheds, carports, awnings, skirting, etc) • lodging and food for the family while the home is being moved. • miscellaneous utility hook up costs • landscaping costs at new site The proposed draft ordinance is written to prevent a park from closing. The requirement that mobile homes must be relocated within a 20 mile radius is designed to set up a situation whereby a mobile home cannot be relocated because there may not be available spaces, thus kicking in the requirement that the land owner has to pay the tenant the "in-place value"or, at Page Three the very least, "replacement value"for the home. It is important to note that this requirement is in direct conflict with the section of the ordinance that states that the "mitigation measures may not exceed the reasonable cost of relocation". In today's market conditions, the in-place or replacement value far exceeds the "reasonable costs of relocation". Let's look at a possible park closure example. A 200 space, 40-year-old mobile home park is closing. The homes in the park were built in 1964. They are all doublewides. Within 20 miles there are 10 available spaces in existing mobile home parks that will take the homes. Which of the 200 families get to move to those 10 spaces? Is it decided by a lottery? Probably not, because no one will want to move their home when they know that they will get a brand new home to replace their 40 year old mobile home if they aren't relocated to one of the ten spaces! Every one of the 200 mobile home owners in that park will want a new home rather than move to another location -- even it is within 20 miles. And, what will that cost? Is the minimum payment to the tenant of the closing park the "cost of a new home the same size as their old home" calculated on the sticker price of the doublewide from the factory, or does the price include commissions, moving, set up, landscaping, and location in another park? A new doublewide, three bedroom, two bath home right off of the assembly line might sell to a dealer for $65,000, add his commission, moving and set-up costs and location costs and the total could be well over $80,000 - over five times the "reasonable cost of relocation"! That is in direct conflict with state law. But, wait. Will the displaced mobile home owner be satisfied with this amount? Probably not. Why? Because the ordinance also provides that if the home cannot be relocated, the owner of the land the mobile home is sitting on will have to pay the owner of this 40-year-old mobile home the "in-place" value. In today's market, 40 year old mobile homes are selling for up to $200,000 in Huntington Beach mobile home parks. Is that the value of the home? No. A 1964 mobile home is completely depreciated and has literally no value outside of a park. The reason the 1964 home sells "in place"for$200,000 is because the buyer is paying for the location where the home sits! Paying artificially inflated "in-place" values to owners of mobile homes results in the unconstitutional taking of the value of the land and giving it to the tenant! Furthermore, it is in direct conflict with state law because, in this example, it is 13 times greater than the estimated reasonable costs of relocation as mandated by state law. Perhaps this is a good time to address Councilwoman Boardman's frequently repeated public comment that she knows that old mobile homes have value because she is aware of a mobile homeowner who sold her fire damaged coach to a dealer for$25,000 or$35,000. She goes on to say that the dealer moved the old fire damaged home from the site and replaced it with a new manufactured home. Think about this for a moment. The mobile home was damaged by fire and purchased by a mobile home dealer and moved off of the lot so a new manufactured home could be moved on to the lot and sold "in place" on the lot and sold at a profit by the dealer. The burned out mobile home had no value. It was probably scrapped. The buyer of the burned out mobile home, in this case a dealer, was buying the right to have a mobile home on the lot -- the ability to use the land. Page Four The proposed ordinance is a constitutional taking of property. Back to our example. Under the proposed ordinance, the owner of the land who wants to go out of business or use his land for something else will have to pay 200 mobile home owners $200,000 each, or $40 million dollars! How could any reasonable person think that is fair and reasonable? The ordinance takes the value of the land and gives it to the tenant who has rented space on which to park his mobile home. This is blatantly unconstitutional and puts the city's taxpayers at risk of being sued. The proposed ordinance is not fair, reasonable or responsible. The Huntington Beach City Charter prohibits the adoption of any regulation that regulates the price for which property in the city may be sold, leased, rented or exchanged. The ordinance modifications proposed are designed to prevent the closure of a park by causing the property owner to pay such prohibitive costs so as to reduce(or regulate) the value of the land so that it cannot be sold or redeveloped for a use other than mobile home park. Requiring the owner of the land to pay the "in-place" value for a trailer or mobile home that, in many cases, has little or no value results in a regulation that regulates the price for which a property may be sold. This is an intentional violation of the will of the citizens of Huntington Beach who overwhelmingly passed the property rights charter amendment to prevent such regulations in March of 2002. Finally, the Suggested Findings of Apparoval for Zoning Text Amendment No. 01-03 are inaccurate and misleading and cannot be legally made as written. Please consider the following: Finding #1 states that "the amendment is consistent with the objectives, policies and general land uses...in the General plan...." This is not an accurate statement because the mobile home parks have an overlay MHP zone that will not be able to be removed if this ordinance is adopted and, therefore the underlying zoning that is consistent with the general plan will not be able to be utilized to its potential. Finding#2 states that "...the amendments represent two minor changes that do not affect the overall intent of the ZSO with respect to Chapter 234 ". Nothing could be further from the truth. The proposed changes are substantial and result in the potential of preventing land within the city from ever being used for the highest and best use by the removal of the MHP overlay zone. Finding #3 states that the "ordinance establishes an equitable and reasonable method of determining fair-market value and relocation assistance puirsuant to California Government Code Section 65863.7" Again, this simply is not true. This ordinance goes far beyond the boundaries set by Section 65863.7, as outlined in this letter. Finding #4 states that "the adoption will be in conformity with pubic convenience, general welfare and good zoning practice because the amendment brings the code in compliance with the California Government Code." Again, this is a false and misleading statement. The proposed amendments, as previously discussed, do not remotely conform to the governing state laws and statutes. Page Five In closing, there is a fair and reasonable approach to dealing with potential mobile home park closures. However, the proposed ordinance is not fair or reasonable. It flaunts the laws of the city, state and the constitution of the United States and by doing so it unnecessarily puts the taxpayers of Huntington Beach at risk of paying litigation costs simply because an ordinance was hastily drafted to appease a small special interest group and a outgoing member of the city council. We urge you to defer any decision on amendments to the mobile home park conversion ordinance because: •there has not been a thorough study of the issue •the Suggested Findings of Approval are inaccurate and misleading and cannot be made Sincerely, Vickie M. Talley, Executive Director cc: City Administrator Penny Culbreth-Graft City Attorney Jennifer McGrath Huntington Beach Mobile Home Park Owners Attachment: Mobile Home Park Conversion Chart City of Anaheim MHP Conversion Ordinance Mobile Home Residency Law - Annual notice to tenants that tenancy can be terminated when a park changes use. City of Anaheim Mobilehome Park Overlay (MHP) Zone (Mobile Home Park Closure Ordinance) Untitled 10/1/04 5:51 Ph Anaheim Municipal Code Title 18 ZONING* MHP Chapter 18.92 MOBILEHOME PARK OVERLAY (MHP) ZONE Sections: 1.8.92.010 Description and purpose. 18.92.020 Definitions. 18.92.030 Permitted uses and structures. 18.92.040 Permitted accessory uses and structures. 18.92.050 Site development standards. 18.92.060 Conversion of existing mobilehome parks and reclassification from the(MHP)Zone. 18.92.070 Findings of fact required for reclassification. 18.92.010 DESCRIPTION AND PURPOSE. .010 The Mobilehome Park Overlay(MHP)Zone is intended to provide for and promote the orderly growth and development of sites for mobilehome parks consistent with the City's goal of accommodating alternative housing types and to balance the interests of mobilehome park owners and mobilehome owners.It is also intended to mitigate the herein identified relocation problems and adverse effects of displacement upon the displaced mobilehome owners when a park is converted to another land use.This chapter and the requirements contained herein are not intended to apply to a recreational vehicle or recreational vehicle park. If a mobilehome park contains recreational vehicles,then this chapter and the requirements contained herein shall apply only to mobilehomes located within such mobilehome park. .020 The Mobilehome Park Overlay(MHP)Zone may be combined with any zone("underlying zone")in which residential uses are permitted or within which mobilehome parks are located.The regulations contained in this chapter shall apply in addition to,and where inconsistent therewith shall supersede, any regulations of such zone with which the(MHP)Zone is combined.When the(MHP)Zone is applied to a parcel with an existing mobilehome park which was established pursuant to a conditional use permit,variance or other discretionary zoning approval or permit, any conditions or regulations applied therein shall remain in full force and effect except as to matters specified in this chapter.(Ord.4364§ 1(part); September21, 1982.) 18.92.020 DEFINITIONS. For purposes of this chapter,the following words,terms and phrases shall have the meanings ascribed herein: .010 "Average comparable mobilehome park"shall mean the mean average of all other mobilehome parks within a 125 mile radius of the mobilehome park being converted which are reasonably similar to the mobilehome park being converted.Such determination of similarity shall be based upon the condition,quality,amenities and other relevant factors of the mobilehome parks being compared. Such determination shall not, however,be based upon the age or location of the mobilehome parks being compared. .020 "City hearing body"shall mean the Planning Commission of the City of Anaheim.The decision of the Planning Commission shall be subject to appeal to or review by the City Council within the time and manner otherwise set forth in Chapter 18.03 of this Code.Upon any such appeal or review,the City Council shall thereafter be deemed the city hearing body for purposes of this chapter.The decision of the City Council shall be final and conclusive. .030 "Mobilehome owner"shall mean a collective unit composed of the registered owner or registered owners of an individual mobilehome regardless of the number of such owners or the form of such ownership.Any notice to mobilehome owners or residents required hereunder need not be given to more than one such owner or resident of each mobilehome.Any relocation benefits payable to a mobilehome owner hereunder shall http://www.amlegal.com/nxt/gateway.dlI/California/Anaheim/title00238.htm/chapter00290.htm?f=templates$fn=document-frame.htm$3.0$q=MHP$x=Ad ... Page 1 of4 Untitled 10/1/04 5:51 Ph be deemed payable jointly and collectively to the owners on a per mobilehome basis regardless of the number of owners of each mobilehome. (Ord. 4364§ 1 (part);September 21, 1982.) 18.92.030 PERMITTED USES AND STRUCTURES. Subject to the provisions of this zone,only the following primary uses and structures,either singly or in combination,shall be permitted in this zone: .010 Mobilehome parks. .020 Mobilehome park subdivisions.(Ord.4364§ 1 (part);September 21, 1982.) 18.92.040 PERMITTED ACCESSORY USES AND STRUCTURES. The following uses and structures are permitted only when they are integrated with and clearly incidental to a primary use and when the sole purpose is to provide convenience to residents of the development and their guests rather than to the general public: .010 Recreation buildings,game courts,swimming pools and other similar facilities. .020 Recreational vehicle parks constituting an incidental section,area or number of units within a mobilehome park. .030 Parking structures,including garages and carports. .040 Storage sheds or fully enclosed outdoor storage areas. .050 Customary home occupations in compliance with the provisions of Section 18.02.052.040 of the Anaheim Municipal Code. .060 Signs,as permitted by the provisions of the underlying zone and in compliance with Chapter 18.05 of the Anaheim Municipal Code. (Ord.4364§ 1(part);September 21, 1982.) 18.92.050 SITE DEVELOPMENT STANDARDS. Except as otherwise specifically provided in this chapter,development of any property within this zone shall comply with the site development standards of the underlying zone in which the property is located. The density of any development, including any new mobilehome park development,shall not exceed the maximum density otherwise permitted by the underlying zone.(Ord.4364§ I(part);September 21,1982.) 18.92.060 CONVERSION OF EXISTING MOBILEHOME PARKS AND RECLASSIFICATION FROM THE(MHP)ZONE. .010 Reclassification.Prior to conversion of any property upon which a mobilehome park then exists,or upon which a mobilehome park existed at any time within the preceding two years,to another land use not otherwise permitted in this zone,the(MHP)Zone shall be required to be removed from the property by reclassification in accordance with the procedures and conditions set forth in Chapter 18.03 of this Code.Nothing contained in this chapter shall be deemed to authorize the termination of any tenancy within all existing mobilehome park except as otherwise authorized by state law.Any application for a reclassification pursuant to the provisions of this chapter shall be deemed an application for a"change of use"for purposes of Section 798.56(f)of the Civil Code of the State of California or any successor provision thereto. .020 Conversion Impact Report.Prior to approval of a reclassification from the(MHP)Zone for any property upon which a mobilehome park then exists, or upon which a mobilehome park existed at any time within the preceding two years, the person or entity proposing such reclassification shall file fifteen(15)copies of a comprehensive conversion impact report with the City on the impact of the proposed change of use upon the mobilehome owners within said mobilehome park which report shall contain,but need not be limited to,the following information:The age of the mobilehome park;the number of mobilehomes existing in the park;the age of the mobilehomes existing in the park;a detailed description of the park as to landscaping and individual site development; the length of time that each resident has lived in the park; an analysis of the availability of adequate replacement space in comparable mobilehome parks within a 125 mile radius of the mobilehome park to be converted; an estimate as to the costs to relocate each mobilehome to an average comparable mobilehome park(cost to relocate means disassembly and reassembly of the mobilehome including installation of awnings,skirtings,porches,and other amenities required by an average comparable park to which the mobilehome could be relocated,and transportation costs as herein provided);the owner's proposal as to relocation benefits;and a general statement as to the condition of the existing park. ttp://www.amlegal.com/nxt/gateway.dil/California/Anaheim/title00238.htm/chapter00290.htm?f=templates$fn=document-frame.htm$3.0$q=MHP$x=Ad ... Page 2 of 4 Untitled 10/1/04 5:51 Ph .030 Availability of Conversion Impact Report. The person or entity proposing such reclassification shall make available a copy of the conversion impact report to owners of all mobilehomes within the mobilehome park at least fifteen(15)days prior to the hearing on the report by the city hearing body. Such mobilehome owners shall be notified as to the availability of said report for examination by the person or entity proposing the reclassification and also as to the place and time of the hearing.The person or entity proposing such change may charge such persons a reasonable duplication fee for copies of the report. .040 Relocation Benefits.Prior to approval of any reclassification for property upon which a mobilehome park then exists,or upon which a mobilehome park existed at any time within the preceding two years,the city hearing body shall conduct a duly noticed public hearing in accordance with the procedures set forth in Chapter 18.03 of this Code at which public hearing the city hearing body shall review such conversion impact report and hear testimony and evidence relating thereto.The city hearing body shall require as a condition of approval of any such reclassification that the person or entity proposing said reclassification take reasonable measures to mitigate any identifiable adverse impacts of the change of use on the ability of displaced mobilehome owners to find adequate replacement space in another mobilehome park.Said mitigation measures shall be limited to the payment of relocation benefits to the displaced mobilehome owner by the person or entity proposing such reclassification consisting of the following amounts: .0401 The estimated cost of disassembly and reassembly of the displaced mobilehome including existing awnings,skirtings,porches and storage structures. .0402 The estimated cost of transportation of the displaced mobilehome to an average comparable mobilehome park. .0403 The estimated additional cost the displaced mobilehome owner will be required to spend to meet an average comparable mobilehome park's lawful requirements for improvements to the mobilehome space and the mobilehome which is being relocated(collectively referred to herein as"improvement costs"). The person or entity proposing the change of use shall establish the improvement costs of an average comparable mobilehome park by surveying a representative number of comparable mobilehome parks where available replacement spaces can be identified within a 125 mile radius from the mobilehome park to be converted. These improvement costs shall be categorized as to their type, including requirements for skirting,awnings,landscaping and other applicable categories.The estimated additional cost for each displaced mobilehome owner to conform to each of these categories shall also be established. These costs will be established on the basis that the work is to be done by a professional contractor hired by the mobilehome owner,rather than the mobilehome owner performing the work himself.The information specified. in this subsection shall be included in the conversion impact report and shall be subject to review and approval by the city hearing body. .0404 Nothing contained herein shall be deemed to preclude any mobilehome owner and mobilehome park owner from mutually agreeing upon different benefits in lieu of the benefits otherwise required to be paid to each mobilehome owner by this section. .050 Comparable Relocation Unavailable.In the event the city hearing body at its sole discretion finds,based upon the conversion impact report and information presented at the public hearing,that there are no reasonably comparable mobilehome parks within a radius of 125 miles from the mobilehome park to be converted to which a displaced mobilehome could be relocated due to the age,size or condition of the displaced mobilehome or for other reasons,the displaced mobilehome owner shall be entitled to relocation benefits equal to those payable herein to owners of mobilehomes capable of such relocation. .060 Relocation to a Specific Park Not Required.In no instance shall any mobilehome owner be required to relocate to a specific park or location as a condition of payment of said relocation benefits;provided,however,that the benefits payable to any mobilehome owner shall be those specified herein regardless of the location or park to which the mobilehome is actually removed or the availability of any such relocation space. .070 Notice of Effect of this Chapter.All mobilehome park owners in the City of Anaheim shall notify in writing all existing and future mobilehome owners and park residents if different from such mobilehome owners(hereinafter referred to collectively as"households")of the mobilehome park's rights and obligations under this chapter.Delivery of a copy of this chapter shall be deemed sufficient notification in lieu of any other notice required pursuant hereto. Said notice may include, at the mobilehome park owner's option,additional information relating to the procedures and effects of a change of use. Existing households shall be notified within 90 days of the effective date of this chapter.New households shall be notified on or before the date of commencement of occupancy.If the new household commences occupancy without first notifying the mobilehome park owner and without signing the mobilehome park's rental documents, then notice may be given to such household within 90 days of the date of execution and delivery to the mobilehome park of such rental documents. Notice may be given by first class mail or in the manner prescribed by Code of Civil Procedure Section 1162 or any other lawful means reasonably designed to insure that the household has received such notice.(Ord.4364§ 1 (part);September 21, 1982.) 18.92.070 FINDINGS OF FACT REQUIRED FOR RECLASSIFICATION. http://www.amlegal.com/nxt/gateway.dII/California/Anaheim/tit1e00238.htm/chapter00290.htm?f=templates$fn=document•frame.htm$3.O$q=MHP$x=Ad ... Page 3 of Untitled 10/1/04 5:51 M be deemed payable jointly and collectively to the owners on a per mobilehome basis regardless of the number of owners of each mobilehome. (Ord. 4364§ 1 (part);September 21, 1982.) 18.92.030 PERMITTED USES AND STRUCTURES. Subject to the provisions of this zone,only the following primary uses and structures,either singly or in combination,shall be permitted in this zone: .010 Mobilehome parks. .020 Mobilehome park subdivisions.(Ord.4364§ 1 (part);September 21, 1982.) 18.92.040 PERMITTED ACCESSORY USES AND STRUCTURES. The following uses and structures are permitted only when they are integrated with and clearly incidental to a primary use and when the sole purpose is to provide convenience to residents of the development and their guests rather than to the general public: .010 Recreation buildings,game courts,swimming pools and other similar facilities. .020 Recreational vehicle parks constituting an incidental section,area or number of units within a mobilehome park. .030 Parking structures,including garages and carports. .040 Storage sheds or fully enclosed outdoor storage areas. .050 Customary home occupations in compliance with the provisions of Section 18.02.052.040 of the Anaheim Municipal Code. .060 Signs,as permitted by the provisions of the underlying zone and in compliance with Chapter 18.05 of the Anaheim Municipal Code. (Ord.4364§ 1 (part);September 21, 1982.) 18.92.050 SITE DEVELOPMENT STANDARDS. Except as otherwise specifically provided in this chapter,development of any property within this zone shall comply with the site development standards of the underlying zone in which the property is located. The density of any development, including any new mobilehome park development,shall not exceed the maximum density otherwise permitted by the underlying zone.(Ord.4364§ 1 (part);September 21, 1982.) 18.92.060 CONVERSION OF EXISTING MOBILEHOME PARKS AND RECLASSIFICATION FROM THE(MHP)ZONE. .010 Reclassification.Prior to conversion of any property upon which a mobilehome park then exists,or upon which a mobilehome park existed at any time within the preceding two years,to another land use not otherwise permitted in this zone,the(MHP)Zone shall be required to be removed from the property by reclassification in accordance with the procedures and conditions set forth in Chapter 18.03 of this Code.Nothing contained in this chapter shall be deemed to authorize the termination of any tenancy within all existing mobilehome park except as otherwise authorized by state law.Any application for a reclassification pursuant to the provisions of this chapter shall be deemed an application for a"change of use"for purposes of Section 798.56(f)of the Civil Code of the State of California or any successor provision thereto. .020 Conversion Impact Report.Prior to approval of a reclassification from the(MHP)Zone for any property upon which a mobilehome park then exists, or upon which a mobilehome park existed at any time within the preceding two years, the person or entity proposing such reclassification shall file fifteen(15)copies of a comprehensive conversion impact report with the City on the impact of the proposed change of use upon the mobilehome owners within said mobilehome park which report shall contain,but need not be limited to,the following information:The age of the mobilehome park;the number of mobilehomes existing in the park;the age of the mobilehomes existing in the park;a detailed description of the park as to landscaping and individual site development; the length of time that each resident has lived in the park; an analysis of the availability of adequate replacement space in comparable mobilehome parks within a 125 mile radius of the mobilehome park to be converted; an estimate as to the costs to relocate each mobilehome to an average comparable mobilehome park(cost to relocate means disassembly and reassembly of the mobilehome including installation of awnings,skirtings,porches,and other amenities required by an average comparable park to which the mobilehome could be relocated,and transportation costs as herein provided);the owner's proposal as to relocation benefits;and a general statement as to the condition of the existing park. http://www.amIega1.com/nxt/gateway.dlI/California/Anaheim/titie0023S.htm/chapter00290.htm?f=templates$fn=document-frame.htm$3.0$q=MHP$x=Ad ... Page 2 of Untitled 10/1104 5:51 Ply Before the city hearing body may grant any reclassification from the Mobilehome Park Overlay(MHP)Zone for property upon which a mobilehome park then exists or upon which a mobilehome park existed at any time within the preceding two years,it must make a finding of fact that the evidence presented at the public hearing establishes the existence of one or more of the following facts: .010 That the proposed change of land use will not have an adverse effect upon the goals and policies for preservation of housing within the City of Anaheim as set forth in the Housing Element of the Anaheim General Plan;or .020 That the proposed change of use is necessitated by the underlying site conditions which pose a threat to the life,health,safety or general welfare of the mobilehome park residents;or .030 That the proposed change of use is necessitated by circumstances beyond the reasonable control of the owner of the property;or .040 That denial of said reclassification would deprive the owner of all reasonable or economically viable use of the property;or .050 That said reclassification is required by public necessity and convenience and the general welfare. Notwithstanding the requirements of this section, the approval or denial of any reclassification pursuant to this chapter shall be deemed a legislative act reviewable exclusively pursuant to Section 1085 of the Code of Civil Procedure.(Ord.4364§ 1(part);September 21, 1982.) Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing Corporation provides these documents for informational purposes only.These documents should not be relied upon as the definitive authority for local legislation.Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy.The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588. ©2003 American Legal Publishing Corporation techsuaport(cDamlegal.com 1.800.445.5588. http://www.amlegal.com/nxt/gateway.dii/California/Anaheim/titie00238.htm/chapter00290.htm?f=templates$fn=document-frame.htm$3.0$q=MHP$x=Ad ... Page 4of4 California Civil Code Provisions Mobilehome Residency Law (Effective January 1,2004) O 2003-Western Manufactured Housing Communities Association CONTENTS Article 1. General 798.49 Pass-Through of Government Fees 798 Citation and Application of Chapter Article 5. Homeowner Communications and Meetings 798.1 Application of Definitions 798.50 Statement of Legislative Intent 798.2 Management 798.51 Rental Agreements/Rules; Prohibitions; Meetings; 798.3 Mobilehome Public Officials;Canvass and Petitions 798.4 Mobilehome Park 798.52 Homeowner/Residents; Actions 79&6 Park Article 5.5 Homeowners Meetings with Management 798.7 New Construction 798.53 Management; Meetings with Homeowners; 798.8 Rental Agreement Requests;Matters for Discussion;Notice 798.9 Homeowner Article 6. Termination of Tenancv 798.10 Change of Use 798.55 Protection from Actual or Constructive Eviction; 798.11 Resident Termination or Refusal to Renew; Reasons; 798.12 Tenancy Notice; Time 798.13 Tenancy; state employee housing 798.56 Authorized Reasons for Termination, Copies to 798.14 Notices; Delivery Legal Owners Article 2. Rental Agreement 798.56a Rights & Responsibilities of Legal Owners 798.15 Required Contents; Writing; Copies of MRL to 798.57 Statement of Reasons in Notice Homeowners 798.58 Making Site Available for Purchaser of Mobilehome 798.16 Inclusion of Other Provisions 798.59 Notice by Homeowner; Time 798.17 Long-Term Agreement; Exemption from 798.60 Application of Other Laws Rent Regulation 798.61 Abandoned Mobilehomes; Disposition 798.18 Period of Written Agreement; Comparable Article 7. Transfer of Mobilehome or Mobilehome Park Monthly Charges for One Year as for 798.70 Advertising . Month-to-Month Tenancy 798.71 Listing or Showing Mobilehome by Park Owner 798.19 Waiver of Rights; Public Policy or Manager; Written Authorization; Prohibitions 798.20 Discrimination 798.72 Transfer or Selling Fee; Request for Service; 798.21 Non-Principal Residence; Exemption from Rent Prohibitions Regulations 798.73 Removal Upon Sale to Third Party; Conditions 798.22 Recreational Vehicles; Designated Areas 798.73.5 Sale or Transfer of Mobilehome to Remain in Park; 798.23 Application of Rules to Park Owners Repairs or Improvements 798,23.5 Subletting 798.74 Prior Approval of Purchaser; Grounds for With- Article 3. Rules and Regulations holding; Informing Homeowner; Financial 798.24 Common Area Facilities; Hours of Operation Report/Refund Time-Frame for Approval 798.25 Amendments; Notification to Homeowners 798.74.4 Sale or Transfer of Mobilehome; Required Documents; 798.25.5 Arbitration Manufactured Home and Mobilehome Transfer Disclo- 798.26 Right of Entry by Management sure Statement 798.27 Zoning or Use Permits; Leases; Notification to 798.74.5 information for prospective tenants Homeowners 798.75 Sale or Transfer of Mobilehome to Remain in 798.28 Name, Business Address& Phone of Park; Required Documents; Unlawful Mobilehome Park Owner; Disclosure Occupants 798.28.5 Vehicle Removal 798.75.5 Mobilehome Park Rental Agreement Disclosure Form 798.29 Mobilehome Ombudsman;Name, Address & 798.76 Purchaser; Compliance with Adults Only Rule Phone; Posting of Sign 798.77 Waiver of Rights; Public Policy 798.29.5 Utility Interruptions 798.78 Rights/Responsibilities of Heir or Joint Tenant of Article 4. Fees and Charges Owner 798.30 Notice of Rent Increase 798.79 Foreclosure of Mobilehome; Sale to Third Party 798.31 Authorized Fees 798.80 Sale of Park; Listing;Notice to Residents 798.32 Charges for Unlisted Services; Notice 798.81 Sale or Listing of Used Mobilehome; Prohibited 798.33 Pets Acts of Management 798.34 Guests; Senior Caregivers 798.82 School Facilities Fee 798.35 Immediate Family 798.83 Repairs to Space Upon Transfer or Sale 798.36 Rule Enforcement; Maintenance of Premises Article 8. Actions, Proceedings, and Penalties 798.37 Entry, Installation or Hookup Fees; Landscaping 798.84 Notice of Impending Action by Homeowners to and Maintenance Charges Park Management 798.37.5 Tree, Driveway Maintenance Responsibility 798.85 Attorney's Fees and Costs 798.38 Utility Meter Service; Billing; Rate Schedule 798.86 Willful Violation by Park Owner; 798.39 Security Deposits Additional Penalty 798.40 Security Liens;Mutual Agreement;Separate 798.87 Public Nuisance Statements 798.88 Rule Violations; Injunction 798.41 Separately Stated Utility Services; Exemption Article 9. Subdivisions,Cooperatives, and Condominiums from Rent Control; Reduction in Rent 799 Definitions 798.42 Violations of MRL; Fines; Penalties; Prohibitions 799.1 Application of Article from Passing Through 799A.5 Advertising 798.43 Master-metered Utilities; Use of Homeowner's 799.2 Listing or Showing Mobilehome by Ownership or Meter for Common Area Management; Written Authorization 798.43.1 Master-metered Utilities; CARE program 799.3 Sale to Third Party; Prohibition Against notification Required Removal 798.44 Sale of Liquefied Petroleum Gas (Propane) 799.4 Prior Approval of Purchaser; Grounds for Withholding Article 4.5 Rent Control 799.5 Purchaser;Compliance with Adults Only Rule 798.45 Exemption; New Construction 799.6 Waiver of Rights; Public Policy i California Civil Code Provisions Mobilehome Residency Law (Effective January 1,2004) 2003-Western Manufactured Housing Communities Association CONTENTS Article 1. General 798.49 Pass-Through of Government Fees 798 Citation and Application of Chapter Article 5. Homeowner Communications and Meetings 798.1 Application of Definitions 798.50 Statement of Legislative Intent 798.2 Management 798.51 Rental Agreements/Rules; Prohibitions; Meetings; 798.3 Mobilehome Public Officials; Canvass and Petitions 798.4 Mobilehome Park 798.52 Homeowner/Residents; Actions 798.6 Park Article 5.5 Homeowners Meetings with Management 798.7 New Construction 798.53 Management; Meetings with Homeowners; 798.8 Rental Agreement Requests;Matters for Discussion; Notice 798.9 Homeowner Article 6. Termination of Tenanck 798.10 Change of Use 798.55 Protection from Actual or Constructive Eviction; 798.11 Resident Termination or Refusal to Renew; Reasons; 798.12 Tenancy Notice; Time 798.13 Tenancy; state employee housing 798.56 Authorized Reasons for Termination; Copies to 798.14 Notices; Delivery Legal Owners Article 2. Rental Agreement 798.56a Rights & Responsibilities of Legal Owners 798.15 Required Contents;Writing; Copies of MRL to 798.57 Statement of Reasons in Notice Homeowners 798.58 Making Site Available for Purchaser of Mobilehome 798.16 Inclusion of Other Provisions 798.59 Notice by Homeowner; Time 798.17 Long-Term Agreement; Exemption from 798.60 Application of Other Laws Rent Regulation 798.61 Abandoned Mobilehomes; Disposition 798.18 Period of Written Agreement; Comparable Article 7. Transfer of Mobilehome or Mobilehome Park Monthly Charges for One Year as for 798.70 Advertising . Month-to-Month Tenancy 798.71 Listing or Showing Mobilehome by Park Owner 798.19 Waiver of Rights; Public Policy or Manager; Written Authorization; Prohibitions 798.20, Discrimination 798.72 Transfer or Selling Fee; Request for Service; 798.21 Non-Principal Residence; Exemption from Rent Prohibitions Regulations 798.73 Removal Upon Sale to Third Party; Conditions 798.22 Recreational Vehicles; Designated Areas 798.73.5 Sale or Transfer of Mobilehome to Remain in Park; 798.23 Application of Rules to Park Owners Repairs or Improvements 798.23.5 Subletting 798.74 Prior Approval of Purchaser; Grounds for With- Article 3. Rules and Regulations holding; Informing Homeowner; Financial 798.24 Common Area Facilities; Hours of Operation Report/Refund Time-Frame for Approval 798.25 Amendments; Notification to Homeowners 798.74.4 Sale or Transfer of Mobilehome; Required Documents: 798.25.5 Arbitration Manufactured Home and Mobilehome Transfer Disclo- 798.26 Right of Entry by Management sure Statement 798.27 Zoning or Use Permits; Leases; Notification to 798.74.5 Information for prospective tenants Homeowners 798.75 Sale or Transfer of Mobilehome to Remain in 798,28 Name, Business Address & Phone of Park; Required Documents; Unlawful Mobilehome Park Owner; Disclosure Occupants 798.28.5 Vehicle Removal 798.75.5 Mobilehome Park Rental Agreement Disclosure Form 798.29 Mobilehome Ombudsman; Name, Address & 798.76 Purchaser; Compliance with Adults Only Rule Phone; Posting of Sign 798.77 Waiver of Rights; Public Policy 798.29.5 Utility Interruptions 798.78 Rights/Responsibilities of Heir or Joint Tenant of Article 4. Fees and Charged Owner 798.30 Notice of Rent Increase 798.79 Foreclosure of Mobilehome; Sale to Third Party 798.31 Authorized Fees 798.80 Sale of Park: Listing; Notice to Residents 798.32 Charges for Unlisted Services; Notice 798.81 Sale or Listing of Used Mobilehome; Prohibited 798.33 Pets Acts of Management 798.34 Guests; Senior Caregivers 798.82 School Facilities Fee 798.35 Immediate Family 798.83 Repairs to Space Upon Transfer or Sale 798.36 Rule Enforcement; Maintenance of Premises Article 8. Actions.Proceedings, and Penalties 798.37 Entry, Installation or Hookup Fees; Landscaping 798.84 Notice of Impending Action by Homeowners to and Maintenance Charges Park Management 798.37.5 Tree, Driveway Maintenance Responsibility 798.85 Attorney's Fees and Costs 798.38 Utility Meter Service; Billing; Rate Schedule 798.86 Willful Violation by Park Owner; 798.39 Security Deposits Additional Penalty 798.40 Security Liens; Mutual Agreement; Separate 798.87 Public Nuisance Statements 798.88 Rule Violations; Injunction 798.41 Separately Stated Utility Services; Exemption Article 9. Subdivisions. Cooperatives. and Condominiums from Rent Control; Reduction in Rent 799 Definitions 798.42 Violations of MRL; Fines; Penalties; Prohibitions 799.1 Application of Article from Passing Through 799.1.5 Advertising 798.43 Master-metered Utilities; Use of Homeowner's 799.2 Listing or Showing Mobilehome by Ownership or Meter for Common Area Management; Written Authorization 798.43.1 Master-metered Utilities; CARE program 799.3 Sale to Third Party; Prohibition Against notification Required Removal 798.44 Sale of Liquefied Petroleum Gas (Propane) 799.4 Prior Approval of Purchaser; Grounds for Withholding Article 4.5 Rent Control 799.5 Purchaser;Compliance with Adults Only Rule 798.45 Exemption; New Construction 799.6 Waiver of Rights; Public Policy 1 i may prohibit the consumption of alcoholic beverages in the park (2)The homeowner shall pay past due rent and utilities upon common area facilities if the terms of the rental agreement or the rules the sale of a mobilehome pursuant to paragraph(1). and regulations of the park prohibit it. (c) If the homeowner has not paid the rent due within three (d)A homeowner,organization,or group of homeowners using days after notice to the homeowner,and if the first notice was not a recreation hall or clubhouse pursuant to this section shall be re- sent by certified or registered mail with return receipt requested,a v quired to adhere to any limitations or restrictions regarding vehicle copy of the notice shall again be sent to the legal owner,each junior ✓ parking or maximum occupancy for the clubhouse or recreation hall. lienholder,and the registered owner,if other than the homeowner,by (e)A homeowner or resident may not be prohibited from dis- certified or registered mail with return receipt requested within 10 playing a political campaign sign relating to a candidate for election days after notice to the homeowner. Copies of the notice shall be to public office or to the initiative,referendum,or recall process in addressed to the legal owner,each junior lienholder,and the regis- the window or on the side of a manufactured home or mobilehome,or tered owner at their addresses, as set forth in the registration card within the site on which the home is located or installed.The size of specified in Section 18091.5 of the Health and Safety Code. the face of a political sign may not exceed six square feet,and the (d) The resident of a mobilehome that remains in the sign may not be displayed in excess of a period of time from 90 days mobilehome park after service of the notice to sell or remove the prior to an election to 15 days following the election,unless a local mobilehome shall continue to be subject to this chapter and the rules ordinance within the jurisdiction where the mobilehome park is lo- and regulations of the park,including rules regarding maintenance cated imposes a more restrictive period of time for the display of of the space. such a sign. (e) No lawful act by the management to enforce this chapter or 798.52.Any homeowner or resident who is prevented by man- the rules and regulations of the park may be deemed or construed to agement from exercising the rights provided for in Section 798.51 waive or otherwise affect the notice to remove the mobilehome. may bring an action in a court of law to enjoin enforcement of any 798.56. A tenancy shall be terminated by the management rule,regulation,or other policy which unreasonably deprives a ho- only for one or more of the following reasons: 4 meowner or resident of those rights. (a)Failure of the homeowner or resident to comply with a local with M ordinance or state law or regulation relating to mobilehomes within Article 5.5. Homeowners Meeting s Management a reasonable time after the homeowner receives a notice of noncom- 798.53. The management shall meet and consult with the pliance from the appropriate governmental agency. `j homeowners, upon written request, within 30 days of the request, (b) Conduct by the homeowner or resident, upon the park either individually,collectively,or with representatives of a group of premises, that constitutes a substantial annoyance to other homeowners who have signed a request to be so represented on the homeowners or residents. following matters: (c)(1)Conviction of the homeowner or resident for prostitu- (a)Resident concerns regarding existing park rules that are not tion,for a violation of subdivision(d)of Section 243,paragraph(2)of subject to Section 798.25. subdivision(a), or subdivision(b),of Section 245,Section 288, or (b) Standards for maintenance of physical improvements in Section 451, of the Penal Code, or a felony controlled substance the park. offense, if the act resulting in the conviction was committed any- (c)Addition, alteration,or deletion of service,equipment,or where on the premises of the mobilehome park, including, but not physical improvements. limited to,within the homeowner's mobilehome. (d)Rental agreements offered pursuant to Section 798.17. (2)However the tenancy may not be terminated for the reason Any collective meeting shall he conducted only after notice specified in this subdivision if the person convicted of the offense thereof has been given to all the requesting homeowners 10 days or has permanently vacated,and does not subsequently reoccupy,the more before the meeting. mobilehome. Article 6. Termination of Tenancy (d) Failure of the homeowner or resident to comply with a reasonable rule or regulation of the park that is part of the rental 798.55.(a)The Legislature finds and declares that,because of agreement or any amendment thereto. the high cost of moving mobilehomes,the potential for damage re- No act or omission of the homeowner or resident shall consti- sulting therefrom, the requirements relating to the installation of tute a failure to comply with a reasonable rule or regulation unless mobilehomes, and the cost of landscaping or lot preparation, it is and until the management has given the homeowner written notice necessary that the owners of mobilehomes occupied within of the alleged rule or regulation violation and the homeowner or mobilehome parks be provided with the unique protection from ac- resident has failed to adhere to the rule or regulation within seven tual or constructive eviction afforded by the provisions of this chap- days. However,if a homeowner has been given a written notice of an ter. alleged violation of the same rule or regulation on three or more (b)(1)The management may not terminate or refuse to renew a occasions within a 12-month period after the homeowner or resident tenancy, except for a reason specified in this article and upon the has violated that rule or regulation, no written notice shall be re- giving of written notice to the homeowner,in the manner prescribed quired for a subsequent violation of the same rule or regulation. by Section 1162 of the Code of Civil Procedure,to sell or remove,at Nothing in this subdivision shall relieve the management from the homeowner's election,the mobilehome from the park within a its obligation to demonstrate that a rule or regulation has in fact been period of not less than 60 days,which period shall be specified in the violated. notice. A copy of this notice shall be sent to the legal owner, as (e)(1)Nonpayment of rent,utility charges,or reasonable inci- 'defined in Section 18005.8 of the Health and Safety Code,each junior dental service charges; provided that the amount due has been un- lienholder, as defined in Section 18005.3 of the Health and Safety paid for a period of at Ieast five days from its due date,and provided Code,and the registered owner of the mobilehome,if other than the that the homeowner shall be given a three-day written notice subse- homeowner,by United States mail within 10 days after notice to the quent to that five-day period to pay the amount due or to vacate the homeowner.The copy may be sent by regular mail or by certified or tenancy. For purposes of this subdivision,the five-day period does registered mail with return receipt requested, at the option of the not include the date the payment is due.The three-day written notice management. 9 shall be given to the homeowner in the manner prescribed by Section mobilehome,if other than the homeowner,during the preceding 12- 1162 of the Code of Civil Procedure.A copy of this notice shall be month period. sent to the persons or entities specified in subdivision(b)of Section (B) The legal owner,junior lienholder,or registered owner of 798.55 within 10 days after notice is delivered to the homeowner.If the mobilehome, if other than the homeowner, has not previously the homeowner cures the default,the notice need not be sent. The cured a default of the homeowner during the preceding 12-month notice may be given at the same time as the 60 days' notice required period. for termination of the tenancy.A three-day notice given pursuant to (C) The legal owner,junior lienholder or registered owner,if this subdivision shall contain the following provisions printed in at other than the homeowner,is not a financial institution or mobilehome least 12-point boldface type at the top of the notice,with the appro- dealer. priate number written in the blank: If the default is cured by the legal owner,junior lienholder,or "Warning:This notice is the(insert number)three-day notice registered owner within the 30-day period,the notice to remove the for nonpayment of rent,utility charges,or other reasonable inciden- mobilehome from the park described in paragraph(5) shall be re- tal services that has been served upon you in the last 12 months. scinded. Pursuant to Civil Code Section 798.56(e)(5),if you have been given a (f) Condemnation of the park. three-day notice to either pay rent, utility charges,or other reason- (g)Change of use of the park or any portion thereof,provided: able incidental services or to vacate your tenancy on three or more (1)The management gives the homeowners at least 15 days' occasions within a 12-month period,management is not required to written notice that the management will be appearing before a local give you a further three-day period to pay rent or vacate the tenancy governmental board,commission, or body to request permits for a before your tenancy can be terminated." change of use of the mobilehome park. (2)Payment by the homeowner prior to the expiration of the (2)After all required permits requesting a change of use have three-day notice period shall cure a default under this subdivision.If been approved by the local governmental board, commission, or the homeowner does not pay prior to the expiration of the three-day body, the management shall give the homeowners six months' or notice period,the homeowner shall remain liable for all payments due more written notice of termination of tenancy. up until the time the tenancy is vacated. If the change of use requires no local governmental permits, (3)Payment by the legal owner,as defined in Section 18005.8 then notice shall be given 12 months ormore prior to the management's of the Health and Safety Code,any junior lienholder,as defined in determination that a change of use will occur. The management in Section 18005.3 of the Health and Safety Code, or the registered the notice shall disclose and describe in detail the nature of the owner,as defined in Section 18009.5 of the Health and Safety Code, change of use. if other than the homeowner,on behalf of the homeowner prior to the (3)The management gives each proposed homeowner written expiration of 30 calendar days following the mailing of the notice to notice thereof prior to the inception of his or her tenancy that the the legal owner, each junior lienholder, and the registered owner management is requesting a change of use before local governmen- provided in subdivision(b)of Section 798.55, shall cure a default tal bodies or that a change of use request has been granted. under this subdivision with respect to that payment. (4)The notice requirements for termination of tenancy set forth (4)Cure of a default of rent,utility charges,or reasonable inci- in Sections 798.56 and 798.57 shall be followed if the proposed change dental service charges by the legal owner,any junior lienholder,or actually occurs. the registered owner, if other than the homeowner, as provided by (5)A notice of a proposed change of use given prior to January this subdivision,may not be exercised more than twice during a 12- 1, 1980,that conforms to the requirements in effect at that time shall month period. be valid.The requirements for a notice of a proposed change of use (5)If a homeowner has been given a three-day notice to pay imposed by this subdivision shall be governed by the law in effect at the amount due or to vacate the tenancy on three or more occasions the time the notice was given. within the preceding 12-month period and each notice includes the (h)The report required pursuant to subdivisions(b)and(i)of provisions specified in paragraph( 1), no written three-day notice Section 65863.7 of the Government Code shall be given to the shall be required in the case of a subsequent nonpayment of rent, homeowners or residents at the same time that notice is required utility charges,or reasonable incidental service charges. pursuant to subdivision(g) of this section. In that event,the management shall give written notice to the (i) For purposes of this section,"financial institution"means homeowner in the manner prescribed by Section 1162 of the Code of a state or national bank,state or federal savings and loan association Civil Procedure to remove the mobilehome from the park within a or credit union,or similar organization,and mobilehome dealer as period of not less than 60 days,which period shall be specified in the defined in Section 18002.6 of the Health and Safety Code or any notice.A copy of this notice shall be sent to the legal owner, each other organization that,as part of its usual course of business,origi- junior lienholder, and the registered owner of the mobilehome, if nates, owns, or provides loan servicing for loans secured by a other than the homeowner,as specified in paragraph(b))f Section mobilehome. 798.55,by certified or registered mail, return receipt requested,within 798.56a.(a)Within 60 days after receipt of,or no later than 65 10 days after notice is sent to the homeowner. days after the mailing of,the notice of termination of tenancy pursu- (6) When a copy of the 60 days'notice described in paragraph ant to any reason provided in Section 798.56,the legal owner,if any, (5)is sent to the legal owner,each junior lienholder,and the regis- and each junior lienholder, if any, shall notify the management in tered owner of the mobilehome, if other than the homeowner, the writing of at least one of the following: default may be cured by any of them on behalf of the homeowner (1)Its offer to sell the obligation secured by the mobilehome to prior to the expiration of 30 calendar days following the mailing of the the management for the amount specified in its written offer.In that notice,if all of the following conditions exist: event,the management shall have 15.days following receipt of the (A) A copy of a three-day notice sent pursuant to subdivision offer to accept or reject the offer in writing.If the offer is rejected,the (b)of Section 798.55 to a homeowner for the nonpayment of rent, person or entity that made the offer shall have 10 days in which to utility charges, or reasonable incidental service charges was not exercise one of the other options contained in this section and shall sent to the legal owner,junior lienholder,or registered owner,of the notify management in writing of its choice. (2) Its intention to foreclose on its security interest in the 10 Comparison of Mobile Home Park Conversion Regulations x.k.. .�` 5:,:.xre :.e.x,,t �,?`:�',ik3�Ar4�d��st�,3.k.,r,h\...-y�t��.�„an� sa+�.o+s, 3<.. ,�.3�F,^iw_:..,,;c,.3R��,�., �,�� ,,,,��� .�:,.,.,��;+.,,,�.z'ti;. ."�., ..A„ Fa.a da?�x,..s:�. ,'. �#Ft_' .nB:�_.:,. .«;.,..a.,.#Y;B�A`�,wS>Ss„.,xa. .:,.`�,.,�Fs �s.,�Tzc Relocation/ Yes Yes Yes Yes Conversion Impact Report awmm TU,Z_pp M ffi., RI Mitigation Relocation costs limited to and •SPayment of relocatio'n compensation- U, ffi�nts, relocation �moving,the disconnection and,breakdown of the reassembly of.the displaced mobile disassembly andrreassembl y. .of the home; Req I ire-. : I - , , , ,y existing awnings, ' t hoine,t6ianother mobile home,transportation,move home exi awnings,skirtin structures;. p g,porches,storage home-park. appurtenances and contents,cost of skirtirigiporches an6si6rage etc. Identi available new hookups at new site structure, *Transportation fy - -Move-in improvements at the relocation park housingin other mobile :eEstimated cost of transportation of home"parks. thd,,mobilelhome to awaverage -Move personal belongings comparable-mobile'home park -Daily living allowance Estimated additional cost the -Rent differential low-income seniors : displaced mobilelorneowner will be requiredJospend-to nteet the average 'comparable mobile home parks "improvement/move4n costs" • 1,24ionths, •30 days prior to7filing conversibrixe plus. NotjCe'to Yt&"12 months,ifpar ': :18 months poM sing with no reusew, state law of 12 months afterapproval of,closure Mobile Home clO Owners: 6 month notice after,All of the park. approvals for new use. NOR' NS� Prepared by the Manufactured Housing Educational Trust•(949)380-3303 Revised May 2004 PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) --E-- - - --- - TH CITY-COUNCIL am a Citizen of the United States and a CR9OF REVIEWED THE ORDI- HUNTINGTONDEACH NANCES OF 7 CITIES TO DETERMINE WHAT FOR- resident of the County aforesaid; I am LEGAL NOTICE MULA. SHOULD BE _ ORDINANCE NO. ADOPTED. IT IS IMPOR- over the age of eighteen years, and not a 'TANT TO NOTE THAT 5 AdgWbyibe City(oi d OF THE 7 CITIES ALSO party to or interested in the below entitled onNOVEMBER8,2004 HAVE RENT $TABILIZA- "AN ORDINANCE OF THE'TION ORDINANCES, matter. I am a principal clerk of the -CITY OF HUNTINGTON'WHICH DIRECTLY IM' BEACH AMENDING PACT THE FAIR MARKET HUNTINGTON BEACH INDEPENDENT CHAPTER 234 OF THE VALUE OF THE COACHES 1HUNTINGTON BEACH.,AT THE TIME OF CON-� ZONING AND SUBDIVI- VERSION.NOTABLY,THE( a newspaper of general circulation CITY OF HUNTINGTON1 � SION ORDINANCE, PER- TAINING TO -MOB L E BEACH IS SPECIFICALLY, printed and published in the City of H 0 M E A R K!�PROHIBITED. FROM CONVERSIONS." rADOPTING A RENT( Huntington Beach County of Orange SYNOPSIS: IJSTABILIZATION ORDI- NANCEState of California, and that attached 04 SEPTEMBER 4'118O PURSUANT TO j 2004 & OCTOBER 4,((CITY CHARTER SECTION 2004,THE CITY COUNCIL l THE ORDINANCE IS Notice is a true and complete copy as DIRECTED THE PREPA- 'PREPARED TO REQUIRE RATION_ OF AN ORDI-�' I 'RELOCATION WITHIN A was printed and published in the NANCE MODIFYING THE TREASONABLE DISTANCE RELOCATION BENEFITS [NOT .TO EXCEED, 50 Huntington Beach issue of said RECEIVED BY A MO- MILES WHICH WILL BILEHOME PARK TEN- PERMIT CONSIDERATION newspaper to wit the Issue(s) of: ANT UPON THE APPLI- IOF THE ISSUE ON A i CATION FOR ACHANGE- CASE-BY-CASE BASIS: IN USE OF A MOBILE- COPIES OF THIS OR HOME PARK. DINANCE ARE AVAIL- THE HARD COSTS OF ABLE IN THE; CITY RELOCATION ATTRIBUT- CLERK'S OFFICE. (ABLE TO DISASSEMBLY PASSED AND ADOPTED AND REASSEMBLY OF A I,by.the City Council of MOBILEHOME COACH the City of Huntington CAN BE FAIRLY ESTI- ;Beach at a regular NOVEMBER 18, 2004 MATED. HOWEVER, THE !!meeting held November (SPECIFIC COSTS RE- 18,2004 by the following LATED TO THE AVAIL- ''roll call vote: ABILITY OF SPACES TO 1 AYES: Sullivan, Hardy, RELOCATE TO, TRANS- Boardman', Cook, PORTATION, MOVING I;Wyinchell EXPENSES, RENTAL HOES.Coerper,Green SUBSIDIES, REASON- IIABSENT:None. ABLE.LIVING EXPENSES, i "This ordinance is AND THE AMENITIES OF ,effective 30 days after I declare, under penalty of perjury, that THE COACH ARE NOT 'adoption. READILY ASCERTAIN- CITY OF the foregoing is true and correct. ABLE PRIOR TO THE HUNTINGTON BEACHFILING FILING OF AN APPLI- f 2000 MAIN STREET CATION FOR CONVER- HUNTINGTON BEACH, SION. IN CONTRAST, CA 92648 FAIR MARKET VALUE IS 714-536-5227 Executed on NOVEMBER 18r 2004 1DEPENDENT, IN PART, JOANL.FLYNN, ON THE SPACE RENT, CITY CLERK THE at Costa Mesa California. I COND TIIONLOCATiON AND OF THE 'Published Huntington t Beach Independent No- PARK, AND THE CONDI- vember 18,2004 113-218 ^ IITION AND AMENITIES OF --' l_THE COACH ITSELF.: Signature F MAURICE A. PRIEST -0 N B EA Culri, CA Attorney at Law 980 Ninth Street, 16th Floor 2004 oi-T -L-1 P 2: 3 Sacramento, California 9581.4 (91.6)446-0000 Fax- (91.6) 424-2205 NIM.1RIrr A.PRIEST' E-mail:2ttorneyaeceis@attnct 'ALSO AINM".n N HAWATI October 4, 2004 Jennifer McGrath,City Attorney Honorable Mayor&Councilmcmbers City of Huntington Beach 2000 Main Street Huntington Beach,CA 92648 Re: Proposed.Modifications to Mobilehome Park Conversion.0rdinance Chapter 234; Comments on Proposed Wording of Proposed Changes No.3684 Dear Mayor, CouncilmembeTS&City Attorney McGrath: .As Corporate Counsel of Golden State Manufacturcd-Nome Owners League.. Inc. (GSM OL). I am requesting that you consider the comments of this letter with respect to the current proposed changes number 3684.to Ordinance Chapter 234. On behalf of GSMOL, and the mobilehome ' owncr.q residing in rental mobilehome parks in the City of Huntington Beach. I would respectfully request that you not approve the proposed wording changes in the particular sections of the ordinance which are noted below, but that you approve the wording as recommended by Steve Gullage and the mobilehome owners who have been working with the City for meaningful changes to the Mobilehome Park Conversion Ordinance,which changes are both needed by mobilehome owners and which are consistent with State law. It is our position that the previously stated changes to the Huntington Beach Zoning and Subdivision Ordinance Code Chapter 234 which the City considered on September 6,2004, provide more meaningful protections to homeowners who would be forced out of their homes and forced to relocate by the closure or conversion of a park to another use. Since September 6'h.. the further changes and modifications which appear in proposed change number 3684, substantially reduce the protections afforded.to displaced homeowners,and these changes appear to be based, at least in part.upon a misunderstanding and misinterpretation of existing state law, and the authority which the City of Huntington Beach has under current law,to adopt a Mobilehome Conversion Ordinance which adequately protects and provides reasonable compensation to homeowners displaced from their homes due to the closure and conversion ortheir rental park to another use by the park owner- Az 'r Page 2 Mayor&Couneilmembers October 4. 2004 THE CITY HAS'BROAD AUTHORITY TO ADOPT THY,SEPTEMBER 6 2004 PROPOSAL,PURSUANT TO GOVERNMENT CODE SECTI-ON 65863.7 Government Code Section 65863.7 states that: " (a) Prior 'Co the conversion of a mobilehome park to ano;.h.er use, except pursuant to the Subdivision Map Act (Division 2 (commencing with Section 66410) of Title 7) , or prier to closure of a mobilehome par.l< or cessation of use of the land as a mobilehome park, the person or entity proposing the ch..argia in use shall fi is a report cn the impact of the conversion, closure_, or cessation of use upon the displaced residents of the mobilehome park to be converted or closed. T,n dater-mining the impact of th.e conversion, closure, or cessation of use on displaced mobilehome park residents, the report shall address the avai':.a.bi_.ity of adequate replacement housing in mobilehome parks and relocation costs. (b) The .person proposing the change in use shall provide a cony of the report to a resident of each mobilehome J_n the mobilehome pare at least 15 days prior to the hearing, it any, on the impact report by the advisory agency, or if -there is no advisory agency, by l.eg+.s.latiS�e body. (c) When the impact report is filed prior to the clasu.re or . cessation of use, the person or entity proposing the change shall prCvide, 3 copy of the report to a resident of each mobilehome '- .he mobil--home park at the same time as the notice of the change is provided to the residents pursuant 'to paragraph (2) of subdivis .on ( F) of Section 798 . 56 of the Civil Code. (d) When the impact report is filed prior to the closure or cessation of use, the person or entity filing the .report or park resident may request, and shall have a right, to, a hearing before the _Legislative body or, the su.f,.ficiency of the report. (e) The legislative body, or its delegated advisory agency, shall revievr the report, prior to any change of use, and may require, as a condition of the change, the person or entity to take steps to mitigate any adverse impact of the conversion, closure, or cessation of use on the ability of displaced mobilehome park residents to find adequate housing in a mobilehome park. The steps required to be taken to mitigate shall not exceed the reasonable costs of relocation. (f) if the closure or cessation of use of a mobilehome park results From an adjudi.cation of bankruptcy, the provisions of this section shall not be applicable. (o) The legislative body may establish reasonable fees pnrsuart to Section 66C16 to cover any cos-,s incurred by the .local. agency in i.mp1emcnting (:his section and Section 65863.8. Those fees shalt be paid by the parson or entity proposing the change in. use. (h) This is applicable to charter cities. (i) Th.". s section i.s applicable when. the closure, czs saticn, or :;hinge of use is the -result of a decision by a local governmental, entity or planning agency not to renew a conditional use permit or Zon.i.ng variance? Under ;.1hic:h �th,.� mobilehome park has op- rated, or as a Page 3 'Mayor& Councilmcmbers October 4. 2004 result of: anv other zoning or p=ar:n i_rig decision, action, or Lr.-actJ.0.1. in thj.a ^asc, ;he lezral. ccv=rnme?ntal agency is .he person propozinc the change �n use for the purposes of prepar:i.nq the impact report required by phis section and is required to take steps to mitigate tic adverse impact of the charge as may be required i.r, subdivisior (e) ." In adopting a Mobilehome Park Conversion Ordinance, subsection (e)quoted above states what the City Council may require as a condition of the conversion. Please note that the statute does not state that required mitigation shall not exceed the reasonable costs of relocating the mobilehome,but states that"mitigation shall not exceed the reasonable costs of relocation." Obviously, the state law gives local government a broader legal right to determine and require what the reasonable costs of relocation will. be in a particular situation, and such.local government imposed mitigation is not limited to the more restrictive costs of simply relocating the mobilehome that is displaced. Parr owners and their organizations,frequently try to persuade local government that all a park owner needs to do is to offer to pay the transportation costs of the displaced mobilehome from the park to another location. That is not what the state law provides. Tear down of an existing horne,transportation to the new site,and re-assembly of the home and accessory structures, may take as long as one month or more. Displaced homeowners are entitled to compensation.for their temporary housing and meals. and other expenses reasonably related to their displacement. And of course,this method of compensation assumes that another vacancy has-been found,to.which the mobilehome can be moved. If the age of the home is such that another park will not accept it,then alternative forms of compensation should be considered. One alternative included in the September 6 h language.'was a buy-out of the home at the in-place fair market value. The costs of appraisals are not required, because from multiple listing service and other readily available sources,it can be determined what comparable mobilehomes have sold for, in-place, in comparable parks not under threat of closure. MOBILEHOME OWNERS STRONGLY OBJECT TO PROPOSED SECTION 234.09 WHICH WOULD EXEMPT PARK OWNERS FROM COMPLYING WITH TIDE CONVERSION ORDINANCE Since September 6,2004,it appears that more time has been spent crafting an exemption to the conversion ordinance to benefit park owners,than has been.spent in clarifying and bolstering the methods of compensation that the City will require a park owner to pay to homeowners displaced by the conversion. As an attorney with.expertise in mobilehome law. I believe that by including such exemption provisions, the City is moving in a direction which is outside of the state statute, and which may expose the City to liability which it seeks to avoid. Government Code Section 6586-3 .7 states that local government may require certain.mitigation as a condition of permitting a park owner to close his park "A Page 4 Mayor& Councilmembcrs October 4, 2004 and convert to another use. That is clearly the purpose of the statute. The state legislature did not state that it is concerned about how a park owner can avoid such mitigation, and that City's should include exemption provisions in their park conversion. ordinances. Most park owners, certainly those who own parks in Huntington Beach, are only considering a park closure and conversion,because they have determined what they believe will be a new., and more profitable,use of the property. It therefore begs the question, if a park owner is going to reap large profits by gaining local permit approval from the City of. Huntington Beach, to convert his rental mobilehom.e park to another use, then why shouldn't the City adopt a clear and unambiguous conversion ordinance which advises park owners of what they will be required to pay to displaced homeowners? The inclusion of exemption language only sends the wrong signal to park owners seeking to maximize profits at the expense of displaced seniors. I would therefore urge you to reject the proposed changes found in number 3684, and instead adopt and affirm..the changes to Ordinance Chapter 234 as.of September 6. 2004. Thank you for your consideration. S cerely Maurice A.*D ;-,.r Corporate Counsel & Legislative Advocate GSMOL October 18,2004 Honorable Mayor Pro-Tem Jill Hardy and Members of the City Council 0 rr` 2000 Main Street,Huntington Beach, CA 92648 '�''�i"'�'�°�b ` ��a, i GA Re: Agenda Item: D-2 1004 OCT �G Mobile Home Park Relocation Ordinance-Update Dear Ms. Hardy and City Council Members: This is intended to express and reemphasize my continued support for the need to update this ordinance on behalf of us mobile home owners living within a mobile home park in Huntington Beach. Likewise, it is to help clarify a few matters that are either being totally ignored or there is a general misconception on how relocation actually works. As a park resident in this city for 46-years,the Founding Director of the Manufactured Home Owners Network, in addition to a Sales Consultant for a local manufactured home dealer,my qualifications may help shed additional light on this very subject. Please feel free to contact me at any time should you have additional questions. • Three factors are involved in purchasing a new manufactured home: • The Market Price of the new home—including setup and delivery. • The Outside Package(must include park requirements for awnings, carport, skirting, cement driveway, front brickwork, landscaping,etc.) • The Lot(Space)Acquisition Fee—what it takes to buy out an old mobile home(for sale by owner) just for access to a space. This cost must be included in the final financing package. (There are no free spaces anymore in Southern California. Spaces are at a premium,for no new parks have been built in this area for 20 to 25 years) • Other cost factors: Rents for a new buyer in the park will always be higher than the previous resident on the same space. • In addition, I can show you the comps—the current and going market rates in each and every park in Huntington.Beach within the last 2-years. • You are most welcome to visit me at my Display Center in Stanton to see what today's manufactured home actually looks like. In addition,I can then go over all the exact requirements necessary to put any manufactured home in any park, so you will have a much better understanding. • Meantime,just go to www.ourfamilyalbums.net>Manufactured Homes /Manufactured housing Specialist for on-line pictures. • Vickie Talley stated that all mobile homes come and go on wheels. This is a half-truth. New manufactured homes must be built to HUD(federal)standards on a steel frame and indeed are delivered to the park site on wheels. However,the wheels, axles and hitch are then removed. 95%of old mobile homes to be removed from the park will either be scrapped or hauled off to Mexico. This is because... • No park in California will accept them. • HUD(for health& safety inspection)will not approve them. • No banks will loan on a mobile homes older than 1976. • Gill even stated all mobile homes could easily be moved. This is not true. Even the term "mobile home"changed to manufactured housing in 1980, and for good reason—they are not "mobile". This statement is based on a misinformation or lack of knowledge on current codes and requirements. These are not your grandfathers mobile homes or trailers Gill. • It was said that the state would compensate between$7,000 to $8,000 for relocation costs. Yet, it wasn't pointed out that this is entirely discretionary. In reality,this seldom happens. • So-called economic eviction is not an allowable practice by park owners(raising the rents to purposely force people out). Yet, there is no statewide rent control protection. Therefore, rents(in addition to all allowable pass-throughs)can be legally raise to any amount,and every 90-days if so desired. Likewise, there is no tie-in to the CPI or any other justification,as long as it is labeled"rent". Therefore,the number one pioblem in California's mobile home parks is rent gouging. • True Market Value?As an example, Gill questioned how a 40-year old mobile home could be valued at$200,000. In reality, it is not and that price(based on my comps)is indeed greatly exaggerated—even for Huntington Beach. Yet, it is Huntington Beach that is the most desirable location for new home buyers - manufactured or conventional. In reality, a 40-year old mobile home would be considered junk,with practically no value per se. The value is actually in the space or location that this home sits on, and as an example;in Huntington Harbor Mobile Homes Estates, is demanding over$100,000 just for access to that space. Whether a new manufactured home owner, or someone trying to relocate an older home(even if allowed),the Space Acquisition Fee remains the same,as would the Outside Package. • Do park owner reap these benefits? Of course they do. Even though all costs are the total responsibility of the new buyer, it is the park owner who benefits when others upgrading the space and park for him. He hasn't paid one penny,yet his property value has just increased and yet he will still increases the rent for the new buyer. • Another misconception being circulated is how the actual property value increases in reference to the overall park value. Current thinking tends to believe it is the same as any real property and is based on the current market values. This is not true in a mobile home park, for in spite of what park owner's claim is the current market value,the actual value of a mobile home park is based on the income it produces. In other words, the higher the rents,the greater the overall value of the park. Sincerely, hn Sisker 80 Huntington St., #266 Huntington Beach CA 92649 (714)536-3850 jsiskerkWrynet.com Mesa Manufactured Homes 12080 Beach Blvd. Stanton, CA 90680 (714) 899-0588 • Founding Director: Manufactured Home Owners Network • Sales Consultant:Mesa Mobile/Manufactured Homes • Co-Founder: Pacific City Action Coalition • Pacific Mobile Home Park Resident—46-Years CITY OF HUNTINGTON BEACH ® Interoffice Communication ' 1 Economic Development Department TO: Honorable Mayor and City Council Members VIA: Penelope Culbreth-Graft, City Administrator FROM: David C. Biggs, Director of Economic Development FW DATE: October 18, 2004 SUBJECT: Late Communication for Agenda Item D-2 Council Member Dave Sullivan suggested that it might be helpful to provide Council with the attached memorandum and maps related to the Mobile Home Park Conversion Ordinance. These items were first provided to the Council at its meeting of September 7. DCB:ls Attachments N C co o -a- Q Ca, - / e W N C7 — , iIDA CITY OF HUNTINGTON BEACH InterOffice Communication Economic Development Department TO: Honorable Mayor and City Council Members FROM: Penelope Culbreth-Graft, City Administrator PREPARED BY: David C. Biggs,Director of Economic Development DATE: September 7, 2004 SUBJECT: Late Communication for Agenda Item H-1a Please accept the following two maps as late communication for Agenda Item H-la regarding the Mobile Home Park Conversion Ordinance. These maps showing 20, 30, 50, and 100-mile radiuses from Huntington Beach were requested by Mayor Green to facilitate a discussion of the relocation radius in the conversion ordinance. The current conversion ordinance has a boundary of 50-miles within which displaced residents can be moved. Item H-1 a recommends narrowing the relocation radius to 20-miles. ti =� a c vJ w V7 n r Huntington Beach Radius Map 20 & 30 Miles SA < a 21 - � Op c�rlla q erly` v #c ry emu I Ills, tc Art Gat e •!• R :a- Y4 P? u 4 3 x Z 3 i Huntington Beach Radius Map 50 & 100Miles �� �pnden Batty E 4 a Ka13a 4)1aT�Ttsa • �fr�8ltaJl9,t�r' 4&- zxpyd'" � � �y��q C � ."`. i �' w ti ,A a � �� !� as �� "�► a�i�`` s � �:�-�'' � �s� �; �a RECEIVED FROM ING AS PUBLIC RECORD PR COOU IL MEET _­.,�,,__11.-,�,,-"i_-::,,,,----__1-.M 1�_.=-�-,,--.4'2�"_,�2,�-�,_o,�_,­�,.,,�I_,,i,-,1-1 lt/�_,�-'_-_1,-.,,---,'-,f,�1­,,,:,'1i_'-1,;x­,!�"�`;1o3�;;t�!h,v,�:,",,,ti­i-2',.,,�,_,,�_,'_,-�:,�",�-',,�-,1_,_;!._,I�*�,':"�,V1,-:,-�"-,-.!�;:,-�;���i",-2,!,,,.z',,'I:!i�'-_-'�-,,:,_-�-k.I�,1::!:,-7�Ht"l f_I_/I..1,­_1,!'--�,--,�_­-,z---4�,-I-,,�_,_­ CITY CL RK FFICE TALLEY ASSOCIATES, i;�"_-.,,_I�I."­-1",1 i;.,�,�r"�`:�,,I_-,,,��;'�l-I"­­,��;-�"D�'-1��l�f,"�i,,,-;�;,,,:,,,�l:f;1,.,if--�_�,.�,,,�­1 I,4���,i,,,�1Ii'I-f",,1Il�I'f';,,..,I­--k�;,�--j;I,,-,�­-._��­,,1,�z__­'�:-,,",-,�;,_I--;1',,-__----,-:__--�­�_.-_-,.�"__1,_-__,-,'_�-�'_-��z­�,�''_-,--I�i,�,—f"_--,-.:��----I-e 4� JOAN L FLYNN.CITY CLERK INC. _ " '' f s, Public/�ffaics Governmentai Relations Management Service - o' d.. - 'li _ M tic ; y . " 3. - e. .- -. . - - - October 18;2004 ' , s - _ a :. S t Mayor Cathy.Green t, Members of:th�Counc�l = 76 of Huntington-'Beach '� 2000 Main Street- _ - "' k Jai Huntiiigtori Beach,.CA 92648 _ � a - _ RE: Proposed Mobile Home''ParkAConversion Ordinance Modification . _ _ . Honorable MayorGreen and Members of therCouncil _ - , .__ - - Talley_and Associates,vInc, liar provided+ consulting;services to property. owners; including the,owners `of mobile home parks for the.'•;past Ftweiity two,years. Asa I F r'`' principal of the company I have served.as the primary consultant, as the Executive - 4 ; Director, to, the Manufactured Housing Educational Trust ((HET) for `over twenty years: In"this capacity;`I have testified before the Huntington Beach City�Councii on numerous occasions, providing extensive written clocumen ation of:the;positions_of the owners of Huntington Beach,mo� e home.parks who ar`e represented l y MHET - _ T - Talle -and Associates, Inc has extensive experience eonisulhng with the owners of Y Xf " mobile Home parks, cities that haveawned,and closed mobile'=home parksf and "resident owners,of,-mobile home parks. ;Because of the:company's extensive experience with mobile,home park closures; T have been.;designated ;as an:expert witness oii' park closures by the courts. Ai Our'firm is currently working with„the owners and residents of the Dana'Foint,Manna } Estates•mob le home park to:.facilitate.the.ctosure:of-th ,'pa- by June 2005_ Talley and Associates;,Inc prepared the Closure'Impact Report.(GIR) for the;`park, as. requi'redr by _ state law,:which outlines mitigation measures to be offered_to the displaced mobile home owners In'the course of preparing.the CIR it was necessary to identify the costs - of relocahorikand-available housing in mobile_horne_parks !O The.CIR, which the Dana.Point_City Council ruled to be'adequate ont September 8, 200- a outlined in:de-tad the average;costs associated withi mgyipg_,Tsingle.wide=and_double= s wide`homes and a€amily of four as:;' - _ F • Siri-ewide Family of.Four = $10;080 _" 3T = Doublewide F.axiuly ofFour $1b,07b The movingrcosts'rioted above included the following 1. Tear down home, porches, skirting awnings and accessory structures Transport mobile home and accessory stiLlCtUYeS to a new,location%within_125 miles 11 2.-; Set up mobile home and accessory structure on space ui mobile'home:"_park I f W� �i ,, } 4 _ t ,rk t! Y `� l K i [ i, d ", P , l�°��t•�949.3&0.3300 ' ' �` 949.3$0.3310 fe����L524d Pasco de'.Al��ia.^Suite 120 j ( Laguna Hills,California 92653 t, h Page Two 3. Allowance for miscellaneous improvements at new site, which could include landscaping,utility hookups and other similar items. 4. Allowance for moving furniture and personal belongings that are not able to remain in the home while it is being moved. 5. New shed allowance. 6. Per Diem allowance per person for lodging and food during move (5 days for singlewide and 8 days for doublewide) In addition to identifying the moving costs, the CIR included a survey of available spaces in mobile home parks that would be available to the owners of mobile homes in the park. Between April 19 and May 14, 2004, 1,190 mobile home parks located in five southern California counties (Orange, San Diego, and Los Angeles. Riverside and San Bernardino) were surveyed identifying 857 empty spaces and 94 proposed new spaces to be built within 2004. On September 8, 2004, just three months after the 12 month notice of park closure was given to the residents of the Dana Point Marina, nearly half of the residents had either already moved, or made arrangements for their move. Provide a wide range of relocation opportunities is important. It is our experience that it is a distinct benefit to the displaced mobile home owner to be compensated for a move as far away as possible to give them as many relocation options as possible. Limiting the radius in which a mobile home can be moved limits the relocation options available to the mobile home owners. We have had similar experiences in closing other parks and urge the City Council to not move hastily to adopt an ordinance that does not comply with the word and spirit of the laws of the state, which have proven to work in a fair and reasonable manner to protect both the displaced residents of the mobile home park and the owner of the land who has decided to no longer use his/her land as a mobile home park. Sincerely, 4z&�4� lC' Vickie Talley Principal cc: MHET Board of Directors Huntington Beach Mobile Home Park Owners eL� o-' RECEIVED FROMI AS PUBLIC RECORD FO CO� Cil MEETMIG�o D Manufactured Housing Educational October 18, 2004 CITY CLERK FFICE -rx,0 JOAN L.FLYNN,CITY CLERK BOARD OF DIRECTORS Executive Board President Mayor Cathy Green Craig Houser Members of the Council vice President City of Huntington Beach Arno Chauvel Vice President 2000 Main Street Bob Olander 11 Huntington Beach,CA 92648 Secretary Betty Miller RE: Proposed Mobile Home Park Conversion Ordinance Modification Treasurer Eileen Cirillo Keith Casenhise,. Honorable Mayor Green and Members of the Council: Stan Magill,Jr. Lary McAdoo Gary Raff On behalf of the members of the Manufactured HousingEducational Trust Board Members WHET) and the owners of Huntington Beach mobile home parks, I want to Bob Bendetti again urge you to not adopt toe proposed modifications to Ordinance code Stephen Esslinger Chapter 234 for the following reasons: Ed Evans Clarke Fairbrother Jay Greening • The proposed ordinance was not available until late Friday, October Richard A. 15, 2004. This limited time did not provide us the opportunity to JerryJacobsun son Bill Hanks adequately review the significant changes to the ordinance. Boyce Jones Jeffrey A.Kaplan Proceeding with the adoption of this ordinance would circumvent the Steve Kato required due process that should reasonably be offered to those Fayette Keulen Lee.M.Koi property owners who are impacted by the law. Clint Lau Jim Martin W.Lee MillerFrom the initial review of the new draft ordinance it has been Deann Pancheri MHET's position that the proposals included in this and previous Chelu Travieso drafts exceed the limits of reasonable relocation costs as required by Past presidents the state and therefore render the proposed ordinance unlawful, as Ed Evans J R.Phillips preempted by state law. W.Lee Miller Robert Olander Sr. Gerry Dougher • The effect of this and previous ordinances is a direct violation of the Paul Bostwick city's charter,as discussed in previous communications. Janet Gilbert Clarke Fairbrother Boyce Jones We respectfully request the council to repeal Ordinance Code Chapter 234 as Chelu Travieso Larz McAdoo unlawful. James Jones Keith Casenhiser Sincerely, Lifetime Achievement Award Recipient Norm McAdoo John Crean , R.J.Brandes Robert West Vickie Talley Ed Evanss T Logan Boggs Executive Director Above and Beyond Award Recipients Willis Miller Stan Magill cc: MHET Board of Directors Dan Jacobs Huntington Beach Mobile Home Park Owners Paul Bostwick C.Brent Swanson Boyce D.Jones Jim Martin James Jones Executive Director Vickie Talley 25241 Paseo de Alicia,Suite 120 •Laguna Hills. California 92653 •Phone:949.380.3303 •Fax.949.380.3310 Established 1982 Serving Orange, Riverside and San Bernardino Counties GOLDEN STATE MOBILHOME OWNERS LEAGUE, INC . G 11021 MAGNOLIA BOULEVARD,GARDEN GROVE,CALIFORNIA S P.O.BOX 876,GARDEN GROVE,CALIFORNIA 92842 M (714)826-4071 1 (800)888-1727 flfl L OCT 1 5 "OFFICE OF THE PRESIDENT" Cit o AttornegtoOff a h Mayor Green City Attorney Jcnnifcr McGrath Members of the Council My thanks and congratulations to all of you for the action you have taken to provide the mobilehome community with a sorely needed updated conversion ordinance. As you all know, the intent of our request was to provide an ordinance that would allow a reasonable change of use for the park owner without adding financial disaster to the trauma the homeowner will be experiencing because of a forced displacement and relocation. Fair and adequate compensation to the homeowner for relocation of his home to an acceptable other location, or for his/her personal relocation to another home in an acceptable other location, is an absolute must. Not one mobilehome owner should be financially devastated by a park change of use. i he original revision submitted by our City Attorney was well thought out, but needed additional protection for the homeowner. The Corporate Attorney for GSMOL, Maurice Priest, reviewed the revised copy submitted by City Attorney McGrath, and discussed with me any additions or changes which we felt would provide the maximum protection to the homeowner and still allow a fair conversion. We have pasted our suggestions in the copy submitted by City Attorney McGrath and ask that you review them and incorporate them into the proposed revision. Once again, thank you all for your consideration on behalf of those of us in the mobilehome communities of l luntington Beach. Sincerely, teve Gullage RECEIVED FROM o W �1��2 MEETING CITY CLERK OFFICE JOAN L.FLYNN,CITY CLERK - a � ATTACHMENT # 1 ORDINANCE NO. %34 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 234 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE PERTAINING TO MOBILEHOME PARK CONVERSIONS. The City Council of the City of Huntington Beach hereby ordains follows: SECTION 1. Section 234.04 of the Huntington Beach Subdivision and Ordinance Code is hereby amended to read as follows: 234.04 Definitions Words and phrases whenever used in this chapter shall be construed as defined herein unless from the context a different meaning is intended and more particularly directed to the use of such words and phrases. A. Affordable unit. A unit that is sold to and occupied by a low or moderate income household. Affordable unit shall also mean a rental unit for which the monthly payment does not exceed 25 percent of the household's gross income for low income households or 30 percent of the household's gross income for moderate income households. B. Applicant. The person, firm, corporation,partnership,or other entity having,leasehold interest or fee ownership in the operation of a mobilehome park. C. Change of use. Use of the park for a purpose other than the rental or the holding out for rent of two br more mobilehome sites to accommodate mobilehomes used for human habitation, and shall not mean the adoption,-amendment, or repeal of a park rule or regulation.- "Change of use" may affect an entire park or any portic.::thereof, and such "change of use" shall include, but is not limited to, a change of a park or any portion thereof to a condominium, stock cooperative, planned unit development, commercial use, industrial use, or vacant land. D. Eli,zible owner. Any mobilehome owner owning a mobilehome in a park at the time of issuance of the notice of intent to change use, but shall not include any mobilehome owner who is renting his unit to another party at such time. E. Market rate unit. A residential unit that is sold on the open market without constraints imposed on the sales price,rental rate, or buyer qualifications. F. Mobilehome. A structure designed for human habitation and for being moved on a street or highway under permit pursuant to the California Vehicle Code Section 35790. Mobilehome does not include a recreational vehicle, as defined in the California Civil Code Section 799.24, or a commercial coach, as defined in Health and Safety Code Section 18218. G. Mobilehome Park. An area of land where two or more mobilehome sites are rented, or held out for rent, to accommodate mobilehomes used for human habitation. Mobilehome park shall not include a mobilehome subdivision of stock cooperative. ord/04zoninJchap 234 ord/9a7/04 1 A. Relocation Costs. All eligible mobilehome owners shall be entitled to receive the cost of relocation. As used in this section,the reasonable costs of relocation shall include the cost of relocating a displaced homeowner's mobile/manufactured home,accessories and-possessions to a comparable mobile/manufactured home park within tw �(20) Iles of its existing location, including costs of disassembly,removal,trans nd reinstallation of the mobile/manufactured home and accessories at the new site, and replacement or reconstruction of blocks, skirting, siding,porches,decks,awnings or earthquake bracing if necessitated by the relocation; reasonable living expenses of displaced park residents from the date of actual displacement until the date of occupancy at the new site; payment of any security deposit required at the new site; and the difference between the rent paid in the existing park and any higher rent at the new site for the first twelve(12)months of the relocated tenancy. B. Mobilehome purchase. If the mobilehome cannot be relocated to a comparable mobile/manufactured home park within twenty(20)miles of its existing location, and the homeowner has elected to sell his or her mobile/manufactured home,the reasonable costs of relocation shall include the cost of purchasing the mobile- manufactured home of a displaced homeowner, including any optional equipment and/or tag-a-longs and expando rooms at its in-place value. Such value shall be determined after consideration of relevant factors, including the value of the mobile/manufactured home in its current location,assuming the continuation of the mobile/manufactured home park in a safe, sanitary and well maintained } condition and not considering the effect of the change of use on the value of the mobile/manufactured home,but at no time shall the value of the mobile/manufactured home be less than the replacement cost of a new home of similar size and square footage. H. Mobilehome space. Any area, tract of 14nd, site, lot, pad or portion of a mobilehome park designated or used for the occupancy of one mobilehome. I. Notice of intent to change use. Notification as required by California Civil Code Section 798.56(g)(2). (3595—vo3) J. Senior citizen unit. A residential unit which meets the standards for an affordable unit which is situated in a project that is designed to accommodate senior citizens through special financing programs and/or modified development standards. SECTION 2. Section 234.08 of the Huntington Beach Subdivision and Ordinance Code is hereby amended to read as follows: 234.08 Mitigation of Adverse Impacts and Reasonable Costs of Relocation- Relocation Assistance Plan: Pursuant to California Government Code Section 65863.7(e), the applicant shall include within the report the steps the owner proposes to mitigate any adverse impact on the ability of displaced park residents to find adequate housing in a mobilehome park, including the reasonable costs of relocation. The applicant is required to take steps to mitigate such adverse impact which shall not exceed the reasonable costs of relocation, except where and to the extent that any such applicant shall have been exempted from any such requirement pursuant to Section 234.09. The following shall constitute minimum standards for an acceptable relocation assistance plan: A. Relocation Costs. All eligible mobilehome owners shall be entitled to receive the cost of relocation. Those costs shall be limited to disconnection and disassembly of the mobilehome, transportation of the mobilehome, all readily movable appurtenances-and contents to another mobilehome.park and the cost of all hookups at the new site. All such expenses shall be identified and paid by the applicant at the time of the move. The park to which the unit is relocated shall be within twenty(20)miles of the city. If the mobilehome owner desires relocation beyond twenty(20)miles,the mobilehome owner shall be responsible for the additional costs associated with relocation beyond the twenty (2'0) mile limit established by this chapter. B. Mobilehome Purchase. If the mobilehome owner cannot be relocated to another park in accordance with the procedures herein,the applicant shall purchase the mobilehome and any optional equipment and/or tag-a-longs and expando rooms from the mobilehome owner which shall not exceed the reasonable relocation costs giving consideration to each of the following factors: 1. The in-place fair market value of each mobilehome, in an amount not less than the replacement cost of a coach of similar size and square footage and 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. ord104zoninJchap 234 ordj9f27,'04 2 The age, type, style, size and amenities of each mobilehome. The applicant may grant one (1) six-month extension to the length of time given to the mobilehome owners in the notice of intent to change use by notifying the mobilehome owners of such extension at least four(4)months prior to the date specified in such notice. The extension shall be granted for no more and no less than six (6) months. An applicant may, with the consent of the mobilehome owner, transfer a mobilehome unit to another space in the park. Such transfer shall not constitute permanent relocation, and the cost of all such moves shall be borne by the applicant. Including reasonable living expenses of the residents from the date of actual displacement until the date of occupancy at the new site. All damages to the home incurred during the relocation shall be immediately repaired,or replaced, by the applicant. G Jd: In order to facilitate the intentions of the mobilehome owners 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 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. �. 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 or she has read and understands his or her rights pursuant to this chapter and knowingly agrees to waive them. ' No waiver by an eligible mobilehome owner of any of his/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 subsection C of this section. F. Alternate Housing. If the mobilehome owner cannot be relocated in accordance with the procedures contained herein, the applicant has the option of making available suitable,and acceptable, alternative housing,together with compensation,to such mobilehome owner. ord.04zonin8;chap 234 ord/9/28/04 ` 3 Where alternative housing is proposed, it shall be available in the follow-incr categories: 1. Senior citizen housing-, 2. Affordable housing; and 3. Market rate housing. G. Compensation Appeals. Appeals from the amount of compensation to be given a mobilehome owner shall be filed with the City Administrator within thirty(30) days, after the mobilehome owner has notice of the amount he/she is to receive. The City Administrator shall acknowledge any appeal within thirty(30) days, and if an agreement cannot be reached, the matter shall be taken to a court of competent,jurisdiction. I. Purchase Rights. The mobilehome owners shall receive written guarantee of first-right- of-refusal to purchase units if the development which replaces the mobilehome park is to be residential in whole or in part. J. Miscellaneous. That the applicant has complied with all applicable city ordinances and state regulations in effect at the time the relocation assistance plan was approved. That the applicant has complied with the conditions of approval,including.the following items: 1: Mobilehome owners will not be forced to relocate prior to the end of their leases. 2. Mobilehome owners have been given the right to terminate their leases upon approval of the relocation assistance.plan. 3. Demolition or construction will not occur until the relocation assistance plan is approved and the eighteen(18) month notification period has expired. SECTION 3. Section 234.09 is hereby added to Chapter 234 of the Huntington Beach Subdivision and Ordinance Code, said section to read as follows: 234.09 Application for exemption from relocation assistance obligations. 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. B. If such application is filed, notice of such application, with the information contained therein, and distribution thereof to the owners and residents of the mobilehome park shall be provided with the application for change of use. C. Any such application shall state that it is made on either or both of the following bases: l. That provision for relocation assistance would eliminate substantially all reasonable use or economic value of the property. Such basis may onl be established if it is ord/04zoning/chap 234 ord/9R7/04 4 �� t, 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 subsection,(c)(1) shall contain, at a minimum, the following information: 1. Statements of profit and loss from the operations of the mobilehome for the most recent five-year period of 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,that are not the result of the park owner or applicant's negligent failure to properly maintain said property, and that the costs 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 the park to maintain the park in a decent, safe and sanitary condition,and that those certain repairs are not the result of the park owner or applicant's negligent failure to properly maintain said property; 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 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 rates of mobilehome spaces within the park within the next five years necessary to pay for such repairs or improvements that are not the result of the park owner or applicant's negligent failure to properly maintain said property If the director requires an analysis of the information submitted by the general contractor, the director may procure services of another licensed general contractor to provide such written analysis, and the cost thereof shall be billed to and payment therefore shall be required from the applicant. 3. The estimated total cost of relocation assistance which would otherwise be required to the provided pursuant to this chapter, which shall be based upon documented surveys, included with the application, of the available mobilehome spaces within twenty miles of the mobilehome park, residents of • the park who are willing to relocate and those who would elect to sell their mobilehomes, and the value of the mobilehornes 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 for redevelopment of the park, 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 director. E. Any such application filed pursuant to subsection(c)(2) shall be accompanied by adequate documentation as to the title, case number, and court in which the bankruptcy proceeding was held, and copies of all pertinent judgments, orders, and decrees of such court. SECTION 4. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 2004. Mayor APPROVED AS TO FORM: ATTEST: City Attorney City Clerk 4�REVIEWED AND &q3PRqV r � City Administrator ord/04zoningchap 234 ord/9/27/04 • t2 CITY OF HUNTINGTON BEACH ® InterOffice Communication Economic Development Department TO: Honorable Mayor and City Council Members FROM: Penelope Culbreth-Graft, City Administrator PREPARED BY: David C. Biggs,Director of Economic Development DATE: November 8, 2004 SUBJECT: Late Communication for Agenda Item G-lb Please accept the following Mobile Home Advisory Board meeting notes as late communication for Agenda Item G-lb regarding the Mobile Home Park Conversion Ordinance. These meeting notes, which summarize the MHAB's discussions concerning amending the ordinance, were requested by several Council Members for this evening's City Council Meeting. ca - r - f Meeting Notes for the Meeting of the Mobile Home Advisory Board [MHAB] Mobile Home Park Conversion Ordinance Subcommittee AUGUST 6, 2003, 6:30 PM 1. Call to Order Mark Porter called the meeting to order at 6:30 PM. 2. Roll Call Steve Gullage — present Steven Kato — present Mark Porter (chair) — present Steve Holtz— City Staff 3. Public Comments None 4. Staff Report None 5. Old Business None 6. New Business a. Discussion of Mobile Home Park Conversion Ordinance Issues — per the City Council's request that the MHAB analyze mobile home fair market value, this subcommittee was created to develop language for a new conversion ordinance that the full MHAB will forward to the Planning Commission for approval. Subcommittee members discussed their opinions about the City's current ordinance and various proposals to change the ordinance. Steve Kato stated that he believed it would be unfair to make park owners pay mobile home owners more than the value of their coach solely because of their location. Steve Gullage stated that residents participate in growing the value of mobile home park land by investing in their homes and helping maintain their neighborhoods; the value of these homes should not be written down like cars simply because they're treated as personal property. Mark Porter suggested that the subcommittee members read the various conversion ordinances distributed in July and come to the next meeting prepared to discuss the City's ordinance in detail. b. Discussion of Establishing Subcommittee Meeting Schedule—the subcommittee will meet on Wednesdays to be determined by member availability. 7. Member Comments None 8. Next Agenda Continue discussion of conversion ordinance 9. Adiournment Mark Porter adjourned the meeting at 8:30 Meeting Notes for the Meeting of the Mobile Home Advisory Board [MHAB] Mobile Home Park Conversion Ordinance Subcommittee DECEMBER 3, 2003, 6:30 PM 1. Call to Order Barbara Boskovich called the meeting to order at 6:30 PM. 2. Roll Call Steve Gullage — present Steven Kato — present Mark Porter (chair)— absent (MHAB Chair Barbara Boskovich attended the meeting for Mark Porter) Gus Duran — City Staff 3. Public Comments None 4. Staff Report None 5. Old Business Discussion of Mobile Home Park Conversion Ordinance Issues —the major issue that the subcommittee has to discuss is the method to determine the value of a mobile home (e.g. should the value consider the location of the home). Steve Kato gave his opinion that park owners should not be forced to pay mobile home owners more than the value of the coach; park owners should not have to pay homeowners a premium because their coaches are located near the beach. Steve Gullage gave his opinion that park residents have contributed to the increase in Huntington Beach mobile home park land value and that their investment should be protected; in the event that residents are required to move, they should be compensated enough to be able to relocate to another home. Gus Duran offered to distribute a copy of the Cal Trans definition for appraisals and the qualifications of appraisers and suggested that this would provide an acceptable compromise between the two opinions. Mr. Duran further suggested that the subcommittee consider developing a formula to split home location value between park owners and mobile home owners. The subcommittee looked at the current conversion ordinance and made the following observations: (1) in Section 234.08(a), the relocation distance should be increased from 50 to 100 miles, (2) in Sections 234.08(b and c), the subcommittee should look into using the Cal Trans definition of value, (3) in Section 234.08(f), appeals should have the right to go to court, (4) in Section 234.08(h), City Attorney review should be required, and (5) in Section 234.10, state notification requirements should be followed. 6. New Business None 7. Member Comments None 8. Next Agenda Continue discussion of conversion ordinance 9. Adjournment Barbara Boskovich adjourned the meeting at 7:30 The next MHAB subcommittee meeting will be held on Monday, January 7, 2004, at 6:30 PM at the Huntington Beach Civic Center, Meeting Room B7. Meeting Notes for the Meeting of the Mobile Home Advisory Board [MHAB] Mobile Home Park.Conversion Ordinance Subcommittee JANUARY 21, 2004, 6:30 PM 1. Call to Order Mark Porter called the meeting to order at 6:33 PM. 2. Roll Call Steve Gullage — present Steven Kato — present Mark Porter (chair)— present Steve Holtz— City Staff 3. Approval of August 6, 2003 and December 3, 2003 Subcommittee Meeting Notes Steve Kato motioned and Steve Gullage seconded approval of the Meeting Notes for the Meeting of August 6, 2003. The motion passed (3 ayes, 0 opposed). Steve Gullage motioned and Steve Kato seconded approval of the Meeting Notes for the Meeting of December 3, 2003. The motion passed (2 ayes, 0 opposed, 1 abstention). 4. Public Comments None 5. Staff Report None 6. Old Business Discussion of Mobile Home Park Conversion Ordinance Issues —The subcommittee discussed the method for valuing mobile homes provided in the Cal Trans Right of Way Manual. Steve Gullage indicated that the City's ordinance should allow mobile homes to be appraised for their value in place. Steve Kato responded that increases in home values have been achieved by home sellers and not by park owners. Because park owners only collect rent, and because they do not share in increasing home prices in their parks, it would be unfair to require park owners to pay in place appraised value. The subcommittee discussed how mobile home park values are determined, specifically whether home prices are factored into park valuation. Steve Kato indicated that a park's cash flow, which includes space rents, is primarily used to determine park value, not the current prices of homes within the park. The subcommittee discussed taking a different approach than providing a method in the City's ordinance for valuing homes. Instead, the ordinance could require park owners to relocate residents to another park within a set distance (for example, within a 100 mile radius)from the affected park. The park owner could either buy each family a home at the new park or relocate the residents' existing homes to the new park. The subcommittee also discussed whether the ordinance should give an option for residents to negotiate a buyout if they don't want to move to the new park selected by the park owner. Steve Gullage and Steve Kato agreed that the approach should be brought before the full board to see if there would be broad support. 7. New Business. None Mobile Home Park Conversion Ordinance Subcommittee Meeting Notes January 21, 2004 Page 2 8. Member Comments None 9. Next Agenda Continue discussion of conversion ordinance issues, including discussion of home values, comparable size of replacement homes, and relocation radius issues 10. Adjournment Mark Porter adjourned the meeting at 8:00 The next MHAB subcommittee meeting will be held on Monday, February 18, 2004, at 6:30 PM at the Huntington Beach Civic Center, Meeting Room B7. Meeting Notes for the Meeting of the Mobile Home Advisory Board [MHAB] Mobile Home Park Conversion Ordinance Subcommittee FEBRUARY 18, 20a4, 6:30 PM 1. Call to Order Mark Porter called the meeting to order at 6:35 PM. 2. Roll Call Steve Gullage — present Steven Kato — present Mark Porter (chair) — present Steve Holtz— City Staff 3. Approval of January 21, 2004 Subcommittee Meeting Notes Steve Gullage motioned and Steve Kato seconded approval of the Meeting Notes for the Meeting of January 21, 2004. The motion passed (3 ayes, 0 opposed). 4. Public Comments None 5. Staff Report None 6. Old Business Discussion of Mobile Home Park Conversion Ordinance Issues — Steve Gullage indicated that he discussed the subcommittee's new approach raised at the January meeting with park residents and found widespread support for the concept. [From the January subcommittee meeting notes: The subcommittee discussed taking a different approach than providing a method in the City's ordinance for valuing homes. Instead, the ordinance could require park owners to relocate residents to another park within a set distance (for example, within a 100 mile radius) from the affected park. The park owner could either buy each family a home at the new park or relocate the residents' existing homes to the new park. The subcommittee also discussed whether the ordinance should give an option for residents to negotiate a buyout if they don't want to move to the new park selected by the park owner. Mr. Gullage further said that the residents he spoke with expressed a strong interest in the proposed buyout option so they could stay in the area. The subcommittee discussed the various methods for calculating a resident buyout. Steve Gullage stated that because of the area's high cost of housing, residents must be compensated "in place value," otherwise they will not be able to find replacement housing. Steve Kato responded that residents should be fairly compensated, but that it would be unfair to make park owners pay in place value. Mr. Kato suggested that a resident could be offered replacement housing at another location, and if the resident chooses a buyout in lieu of relocation, the buyout amount could be the value of the replacement housing. The subcommittee agreed that buyout value is a significant issue and that the matter should be brought before the full board for discussion. Perhaps the full board can consider the two points of view and help work out a compromise. 7. New Business None Mobile Home Park Conversion Ordinance Subcommittee Meeting Notes February 18, 2004 Page 2 8. Member Comments None 9. Next Agenda Continue discussion of conversion ordinance issues, develop summary of proposed changes to forward to the City Attorney. 10. Adjournment Mark Porter adjourned the meeting at 7:35 The next MHAB subcommittee meeting will be held on Wednesday, April 21, 2004, at 6:30 PM at the Huntington Beach Civic Center, Meeting Room B7. Mobile Home Advisory Board [MHAB] Meeting Notes April 26, 2004 CITY OF HHNiIN6THN BEACH 1. Call to Order Chair Barbara Boskovich called the meeting to order at 6:33 PM. 2. Roll Call In Attendance: °.Members Absent:' Council liaisons City Staff: Barbara Boskovich Dan Kittredge Connie Boardman Steve Holtz Steve Gullage Craig Houser Steve Kato Mark Porter Pauline Robison Tom Sobek 3. Approval of the Meeting Notes for the Regular Meeting of March 22, 2004. Pauline Robison motioned and Steve Gullage seconded approval of the Meeting Notes for the Regular Meeting of March 22, 2004. The motion passed (5 ayes, 0 opposed, 2 abstentions, 1 not present). 4. Public Comments One speaker suggested that the City's Mobilehome Park Conversion Ordinance incorporate the Cal Trans Right of Way Manual method for valuing mobile homes. 5. Staff Report— none 6. Old Business a. Mobilehome Park Conversion Ordinance Subcommittee Update — Steve Kato informed the board that park owners have decided not to support changing the City's ordinance. Mr. Kato indicated that because the ordinance meets the State's minimum park conversion requirements, the changes discussed by the subcommittee are unnecessary. Steve Gullage distributed a summary of the park residents' proposed changes to the City's ordinance, which discussed in place valuation and relocation radius. Mr. Gullage also distributed a rewritten ordinance for the board's consideration. Board members discussed both the park owners' and park residents' positions on the conversion ordinance. City Council Liaison Connie Boardman reminded the board that if the members were unable at this meeting to make a recommendation to the Council on the conversion ordinance, as she had requested, that she would forward the matter to directly the Council. The Council would be informed that the MHAB was unable to make a recommendation and the Council members would be asked to consider the alternatives. Mobile Home Advisory Board Meeting Notes April 26, 2004 Page 2 Pauline Robison motioned and Tom Sobek seconded the motion for the board to support the park residents' suggested rewritten ordinance. The motion failed (3 ayes, 3 opposed, 1 abstention, 1 not present). Mark Porter discussed issues relating to relocation radius, compensation, and housing differential. Barbara Boskovich expressed disappointment that the subcommittee now appears to have not made progress towards developing a compromise for the ordinance. b. Update on Huntington Mobile Estates Issues —Connie Boardman indicated that she requested a meeting with Don Castleman, the owner of Huntington Mobile Estates, and Barbara Boskovich, the MHAB Chair. Barbara will call Don Castleman to see if she can coordinate this meeting. Tom Sobek expressed concern about people having problems selling their homes in the park because of interference from management. C. Communications to the Residents —Tom Sobek told the board that he investigated the possibility of having the board's meeting notices displayed on the cable television scroll. d. Park Owner Representation on the MHAB — Steve Holtz informed the board that he spoke with Don Castleman regarding his interest in applying for the board. An application was mailed to Mr. Castleman, but he has not yet applied. Barbara said that when she calls Mr. Castleman's about scheduling a meeting, she will ask about his plans regarding applying for the board. 7. New Business Approval of MHAB 2003 Annual Summary Report to the City Council. Steve Kato motioned and Mark Porter seconded approval of the MHAB 2003 Annual Summary Report to the City Council. The motion passed (7 ayes, 0 opposed, 1 not present). 8. Member Comments Mark Porter discussed the California Mobilehome Residency Law and concerns about Huntington Mobile Estates discussed at the prior board meeting. At that meeting, Mr. Porter talked about sections of the law that address specific complaints raised by residents. Mr. Porter indicated that he was curious whether this information was useful to those residents. 9. Next Agenda a. Update on Huntington Mobile Estates Issues b. Park Owner Representation on the MHAB 10. Adjournment Mark Porter motioned and Steve Gullage seconded adjournment of the meeting to the Mary 24, 2004 meeting date. The motion passed (7 ayes, 0 opposed, 1 absent). The meeting was adjourned at 7:37 PM. The next MHAB meeting will be held on Monday, May 24, 2004, at 6:30 PM at the Huntington Beach Civic Center, Meeting Room B7. November 8, 2004 From: HUNIFI G I C d BEACH, CA John Sisker, Founding Director- Manufactured Home Owners Network Z904 NOV -P, P 12_ 42 80 Huntington Street, Number 266 Huntington Beach, California 92648-5343 www.mfghomeowners.net To: Honorable Mayor Pro-Tern Jill Hardy and Members of the City Council 2000 Main Street Huntington Beach, CA 92648 Re: Late Communication Mobile Home Park Relocation Ordinance (Update) No. 3689 Item: G-1 b Retaliation issues related to Mobile Home Relocation Ordinance Dear Ms. Hardy and City Council Members: What follows in my personal opinion, but is also brought about from experience and my connections to the Mobile Home Owners Network - the premier on-line informational forum for the mobile/manufactured homeowner. At the last Council Hearing in this regard, the park owner of Pacific Mobile Home Park spoke before this Council, trying to justify the recent notice of a $100 rent increase per month. The park owner publicly stated that the increase was necessary because they have to upgrade both the sewer and electric within the park, at an estimated cost of $1,000,000. In addition, he said a previous co-owner of the park had died, thus the property was re-assessed at twice the previous property taxes. As to the $100 rent increase to upgrade the sewer and electric, the Mobilehome Residency Law does not regulate rent increases, other than to require a 90-day written notice. If we had rent control, the City could regulate the increase and require that it be amortized over a period of time until paid off, rather than made a permanent increase. Yet, as we know, Huntington Beach does not have rent control, and without rent control it is obvious the City cannot do much of anything in this regard. Yet, in reference to electric rates, the PUC code provides that a master meter provider of electric and gas utilities (most parks) cannot charge any more for that utility service than a regulated utility- like Edison. The park receives a discount on the bulk gas or electric from the utility, as approved by the PUC, but can charge residents at the same rate Edison would charge us individually. The difference is supposed to recognize the park owner's costs of operating and maintaining that system within the park - although the PUC code does not require it or require an accounting. With regard to the electric, it is possible that we are being charged twice for the same thing, although parks, including WMA, have argued for years that the discount allowed by the PUC on their bulk gas and electric cost is not enough to pay for operation and maintenance. It appears that the City might be able to make a case that the park cannot raise rents to pay for electric upgrades because that is supposed to be accounted for in the discount. However, the PUC code provisions do not apply to sewer, as that is not a PUC regulated activity. Likewise, while the property taxes may have indeed doubled, as the park owner claimed, it was not involuntary as he implied to the City Council. While true, one of the original co-owners did die, that was in 2001, with her interests simply going to her heirs - basically her niece. In later years, it was then decided by the present owners (the 3 brothers who likewise also inhered their share of the park when their mother died) to buy the niece out. Apparently, upon this buy out, only then was the property re-assessed. The point is, this buy out was entirely voluntary on the present owners' part, and not because of the death of the original co-owners as portrayed to the City Council. However, this also sounds like the park needed some tax advice. In my opinion, it must have been a partnership, instead of a corporation, or it was mishandled and should have been set up as a trust. If they had organized as a corporation, unless 50% plus 1 of the shares the corporation were resold at any one time, the transfer of ownership provisions triggering a property tax reassessment would not have occurred. If they had set it up as a trust, the property tax assessment would have remained the same if one of the partners died - because there would have been no transfer of ownership as the trust would technically continue to own the property, not the partners. In any case, there are ways to avoid triggering a property tax reassessment or at least postponing it with some tax and estate planning... but apparently they did not know that or did not want to do it for some reason. Of course, if they bought out the other 50% of the park from the niece - even as a corporation - they would trigger the reassessment- and apparently did so voluntarily. Yet, from my understanding, the ownership they seemingly bought out was the 49% ownership, for they originally held.51% ownership, thus this property tax reassessment should not have occurred. Unless, of course, there is much more to this that is being revealed for some reason, with possibly the Property Management Company (Newport Pacific Capital) obtaining half ownership of the park. Yet if so, this has not reveled to the residents. Therefore, unless a detailed accounting is demanded by the City, in all likelihood, this rent increase is nothing more than a retaliation for the recently passed update to the Mobile Home Relocation Ordinance, requiring current market value. In addition, this was also a threat circulated by the park owners political groups, if this ordinance was indeed passed. In and around the same time this ordinance was actually being reviewed, the three main parks that are initially affected, all imposed dramatic rent increases and/or questionable leases upon their residents. Therefore, in my personal opinion, this appears to be nothing more than a retaliation. I had previously warned the Council to be aware of such tactic by the park owners. Furthermore, and please note, the so-called problems only recently surfaced in the parks that are most likely affected by this ordinance, for all the other parks within the City have not jumped on this bandwagon - yet. In reference to Pacific Mobile Home Park, the rents have indeed increased, but the overall maintenance of the park has not. It appears this is purposely kept at bear-bones for a reason. And that reason may very well be the fact that this park is located right across the street from the Pacific City project and is indeed intended for conversion. However, the park is still allowing the buying and selling of homes, in fact, quite a few brand new manufactured homes have recently been put in, thus possibly making a case for a Failure to Disclose issue and well as a Failure to Maintain issue. Sincerely, John Sisker. Resident: Pacific Mobile Home Park Huntington Beach (City Council) Adopt Ordinance No. 3689 c' ate , ,, •,� 1. 1 will support the ordinance, if we could make the following changes. I also have some concerns about formula for the in place fair market value. a I Have Some Questions for City Y Attorne. Jennifer McGrath _ - A By adopting the presence ordinance, are we violating the federal, state or civil laws?C0 B In reference to the November 1 letter (long version) from David Gondek of Lewis, Bris'boi w -0' represents the Manufactured Housing Educational Trust who threatens litigation agarnst-the City and Councilmember's In the event this ordinance passes. What cost do you anticipate t& taxpayers to pay for the City to defend itself against the lawsuit? C. On subsection D on pages 8 and 9 of the draft ordinance the section describes the information a mobile park owner must provide to get an exemption from relocation assistance obligations. Subsection D (2) requires a park owner to show that it is economically infeasible to make repairs or improvements to keep the park in good condition. It seems to me that the only way repairs or improvements can be so expensive is if there is catastrophic damage from a disaster like a fire, flood, or earthquake. Absent such a disaster, it would be difficult to show that maintenance or improvements are so expensive that it isn't worth keeping the park open in your opinion is that correct?. I suggest the following changes to the ordinance:!, 1 Changing the relocation radius form 20 miles to 30 miles, which will give the mobile owners more area to choose from. Pages -3- and-4- 16.13 and 16.14; Recommended Action-'-- 2 Changing the words of the last line in subsection 2 on page 4 to read with mobile/manufactured home is less than the replacement cost of a home of similar size, age, and square footage. (Strike the word "new'j. Pages-4- 16.14 Recommended Action--- 3 Eliminating the word "negligent failure" that appears throughout subsection D (2) on page 8 who can explain why the words are in this text? (Strike the word "ne_gli_gent failure") Pages G-16.18 Recommended Action-- 4 Can the City Attorney now accept these changes in these ordinances? We need to do as much as possible to help the mobile home owners, as well as the park owners. Recommended Action:" a. I recommend that we have further study of these Ordinance as presented after the changes if any and then have the (Planning Commission) review, our concerns of the new ordinance, to determine whether it can survive the likely litigation. Recommended Action OR b. Adopt city ordinance 3669 with the above listed modifications, to comply with the federal and state laws. Recommended Action Nov-08-04 04:36pm From-LEWIS BRISBOIS BISGARD & SMITH LLP 9098853187 T-408 P-01/06 F-472 F LEWIS Bpusf3QIS BISGAARD & SMITfi I.I.P r. ATTORNEYS AT LAW 650 1wA5T HOSYITAI.ITY LANE, SUITE 600, SAN BERNARDINO, CA 9�408 PHONE: 909-387.1130 1 FAX: 909,387 1138 1 W�BSITF; www.lbbslaw.co4t r Anvtp F.GONDEX November 8, 2004 ,i r No. DIRECT,DIAL.:909.3 81,7173 4 14u-002 E-MAIL.:gondek@lbbslaw.com f t Phone Number I Numb To: Honorable Mayor and Members of the (714) 536-533 City Council City Clerk (714) 374J 57 City Attorney (714) 374-190 Vickie Talley (949) 380-3 10 From: David F. Gondek (909) 381-7173 Pages: 6 File No.: 27140-002 Re: Consideration of Ordinance No. 3689 by the City Council Amending Chaff r 234 of the Huntington Beach Municipal Cade(Mobilehome Park Conversions).. _ Message: Please see the attached letter. P • r j C 7 PLEASE CALL(909)387-1i3o IMMEDIATELY IF THERE F,RF ANY PROBLITMS WITH Tmj$TRANSMISSu V The information containel in mis facsimile message is intended only for the personal and configential use of the designate rec,p{ents named above This message may oe an attorney-client communication,and as such,is privileged and confidential. ne reader of this message is not the intenual recipient or an agent responsible for delivering a to Tne intengad recipient,you are tie t y notified that you nave receivel mis Qocument in error,aril that any review,l•sseminaAon,Qistneution,or copying of This mess" is strictly prohiaRed. If you nave receivel this communication in error, please notify us Immediately oy Telephone and return a anginal message to us by mail. Thank you f e LasA:4QR.Fs SANfkANCSCo SAN110 o DO NGEQXNTk 1N"SDFM r S-CR-1Wt'D NFWY= LASVL.Aa Yt,a� IIAZIUN 21325019M 415.362,3$W 019233.I006 71454592W 9W 397 1130 5116.564,5400 212?3213U0 702.SJ33j83 pp23& OaU 5202U22�G5 Nov-08-04 04:36pm From-LEWIS BRISBOIS BISGARD & SMITH LLP 9098853187 T-408 P.02/06 F-472 z LF,WIS BRISBOIS BISGAARD & SMITH LLP ATTORN12YS AT LAW E. 650 EAST MOSPITAI.I'CY 1..ANF, SUITE 600, SAN BERNARUINO, CA 9 408 PhoNe. 909.387 1130 1 FAX: 909.387 1138 J WEBSITF: www.1bb514W.c DAVIU 1F.CONDIEL, November 8, 2004 �F1tE No. 1)tFtcrDIAL' 909.381,7173 3�7140.002 F-MAIL. gondek@]bbslaw com Honorable Mayor and Members of the City Council a. City of Huntington Beach y 2000 Main Street Hunnngtoa Beach, California 92648-2702 r� Re: Consideration of Ordinance No. 3689 by the City Council Amending Chapt 234 of the Huntington Beach Municipal Code (Mobilebome Park Conversions) NOTICE OF INTENTION OF M..NUFACTURED HOUSING EDUCATION TRUST TO INITIATE LEGAL PROCEEDINGS TO INVALIDATE ORDINANCE NO. 3689 AND SEEK DAMAGES FOR ti UNLAWFUL ACTIONS ASSOCIATED WITH ADOPTION OF k ORDINANCE NO. 3689 Honorable Mayor and Members of the City Council,- This law firm serves as special legal counsel to the Manufactured Housing Edational 'gust ("MHET"). MHET is a non-profit corporation which provides infortnati ial and educational services for its members. Some of the members of MHET own rnobilehorno' arks in the City of Huntington Beach(the"City"). i On behalf of MHET we have reviewed the provisions of proposed City OrdinIce No. 3689, which amends various provisions of Chapter 234 of the Huntington Beach Munict al Code pertaining to the conversion of mobilehome park lends to other land uses. It is our undo 'tanding that the City Council is currently scheduled to either re-open its public hearing on Ordiil nce No. 3689 at the adjourned regular meeting of the Cvy Council scheduled for November , 2004, and/or that the City Council will be requested to re-introduce, for a first reading, Ordirt ce No. 3689. MHET hereby gives notice to the City Council, and each member thereof, that 4dinance No. 3689, in the form made available to MHFT,. is invalid and violates various prow Sions of Federal law, State law, the City Charter and the Huntington Beach Municipal Code. he City Planning Commission has not considered the provisions of Ordinance No_ 3689 a[ . public 484�•12ab-7200 1 LDSA..(� SANFmNMM S.NDldjG ORANGEC UrM NLMwOFAIPa SAMAMe'40 Nl wYORK GSVF as Yfu' TLMN 21325u hull} .515.3612$80 619-233IL& 714.i;592UU 9(1)3871134 916SD4.54W 212732.13OU 7W.2935383 6023�,JIW 5202022505 f 5� Nov-08-04 04:37pm From-LEWIS BRISBOIS BISGARD a SMITH LLP 9098853187 T-408 P.03/06 F-472 Honorable Mayor and Members of the City Council November 8, 2004 ' Page 2 hearing called for such purposes, and as a consequence Ordinance No. 3689 is void lfdcr the Huntington Beach Municipal Code as a usurpation by the City Council of the power arf duties of the City Planning Commission with respect to the consideration of zoning ordinanc of the City. a Not only are certain provisions of Ordinance No. 3689 and Chapter 234 in con Iditioa, t with. current State law, other provisions of Ordinance No 3689 and Chapter 234 are not enceable under City Charter Section 803 (the "Property Rights Protection Measure"). In Ordinance No. 3689 violates the substantive due process rights of members of MHET who own mobilehome parks in the City. Ordinance No- 3689 will,if adopted by the City Council, esult in a taking of property without compensation in violation of the Property Rights P�itection Measure and the Fifth and Fourteenth Amendments of the Umted States Constitution. MHET has previously delivered certain correspondence to the City relating to thi, matter, including correspondence from the undersigned, dated August 16, 2004 and November; , 2004. Such correspondence addresses various legal deficiencies which were then observe# in the proposed form of Ordinance No. 3689, which was then being urged upon the City C incil by one or more of its members, ostensibly as part of a comprehensive amendmert x of the mobilehome park relocation assistance program of the City. Such previous corresp ndence submitted by MHET is hereby incorporated into this letter, dated November 8, 2004'',by this reference, r r Ordinance No. 3689 Violates Various Provisions of the City Charter s A review of all the Planning Commission agendas and action minutes since September 9, 2003, which are available for inspecTion by the public "on line"reveals there was no pre ntation or discussion of a proposed amendment to the Huntington .Beach Zoning and Sul ivision Ordinance, Chapter 234 by the Planning Commission. It appears that a proposa ' for an amendment to Chapter 234 was initially presented to the City Council by one of its me hers on or about August 16, 2004, and thereafter, a draft Text of an amendment to Chapter 34 was presented to the City Council, as Ordinance 3689, on or about October 4, 2004. r MHET contends that since the City Council has failed in its consideration of O dinance No. 3689,to follow the requirements of its own City Charter, it's own Municipal Code, , d State law, the City Council is now proposing to act beyond the power conferred.upon The City ouncil. Therefore, if the City Council proceeds to adopt Ordinance 3689 in defiance of the City charter, the Municipal Code and State law without first seeking input from. the City ;Manning Commission, the adoption of Ordinance No. 3689 will be ulrru vices. ri The Huntington Beach City Charter states that the power of the City Council is ibaeci to the, ..restrictions and limitations...provided in this Charter or in the Constitution of e State of California." (City Charter, Section 103.) The City Council cannot act in exce of the authority granted to it. (City Charter, Section 301.) Finally, the City Council is coaslained in the enactment of certain planning and zoning regulations which impose exactions or dicaTions 4946.1246-72OU t k r Nov-08-04 04:37pm From-LEWIS BRISBOIS BISGARD & SMITH LLP 9098853187 T-408 P.04/06 F-472. Y Honorable Mayor and Members of the City Council November 8, 2004 Page 3 m without reference to any constitutionally required "nexus" by City Charter Section 8: The City Charter Section 803 provides in relevant part: "The City shall not enact or enf, ce any measure which mandates the price or other consideration payable to the owner in co ection with the sale, lease, rent, exchange or other transfer by the owner of real property." 5 If adopted Ordinance No. 3689 will impose such a prohibited mandate on the oPers of mobilehome park land. Violations of the H4ntuigion.Beach NI uicipal Code h e The Municipal Cade directs the City Council to implement the policies of The C'lifornia Government Code Section 65000 et seq., and the California Constitution, Chapter 11, Sictlion 7. (Municipal Code Section 201.06 ) In the case of The adoption by the City Council of(*Iaanee No. 3689, the City Council essentially proposes to violate Government Code Section 4�103 by usurping the function of the Planning Commission. While the Municipal Code permits the City Council to initiate an amendment to the zoning provisions (Municipal Code Section 24 i32), the first public hearing on an amendment to a zoning ordinance must be held by the Manning Commission. (Municipal Code Section 247.10) The Planning Commission is required make specified determinations regarding a particular planning and zoning ordinance prior to rr}Wng its recommendation to the City Council_ Absent the existence of facts requiring an .urgency ordinance, the City Council acts only after it has received the recommendation from the lanninp Commission. The City Council has final authority for the approval of zoning text ameiments. (Municipal Code Section 201.10). However, the words of the Municipal Code relating o "final authority" cannot be mistaken with '-sole authority." The enactment of a zoning amendm ent is a collaborative process involving the community,the Planning Commission and the City urtcil. The City Council has failed to follow the provisions of its own Municipal Code ecause. Ordinance No. 3689 has never been brought before the planning Commission as provid by the Municipal Code Sections identified above. The Council clearly has the right to initiate an amendment to the Zoning Code. 1 wever, it also has the duty and the responsibility to act in accordance with its own Charter,�ts own Municipal Code and State Law. It would be arbitrary and capricious for this City Coui it to do otherwise. Violations of the California Environmental Quality Act: Ordjnagge No. 3689 IJ Not a Categorically Exempt Project_Under CFO A I The California Environmental Quality Act ("CEQA") provides that public prof to have the same level of review as private projects. The fact that the amendment was initialt by the City Council does not mean it receives a lesser level of review under applicable envir." mental laws. CEQA says that a project is, "an activity directly undertaken by a public agency (Public Resources Code Section 21065(a)) It applies to the amendment of zoning ordinancesi (Public r $840-124b-7200.l is Nov-08-04 04:37pm From-LEWIS BRISBOIS BISGARD & SMITH LLP 9098853187 T-408 P.05/00 F-472 Honorable Mayor and Members of the City Council November 8, 2004 Page 4 Resources Code Section 21080(a)) While CEQA does provide for "categorical exempti s," the proposed ordinance does not fit any of them. n The proposed ordinance is not categorically exempt pursuant to Huntingta. Beach Resolution No. 4501. The staff report for October 18, 2004 baldly states that the oposed project is categorically exempt from CFQA "because it represents a minor text char - to the ZSO." The MHET respectfully submits that The amendment proposed in Ordinance Nvsrt3689 is not a minor text change. Changes in an ordinance making its grammar gender neutral right be considered a minor text change, changes in the text of an ordinance to confon To a recodification of State or municipal laws may be a minor text change. But in the�case of Ordinance No. 3689 the imposition of a new benefit to mobilehome owners is contempl ed, and this new benefit is not found in either the existing provisions of Chapter 234 nor is such ' benefit sanctioned by State law. State law provides for the payment of not more than the reason- le cost of relocation in the event that a mobilehome park may cease business operation. Unlike Ordinance No. 3689, neither the existing provisions of Chapter 234 or State law m ate the payment of the purchase price of a"comparably sized replacement dwelling" situated wi zin a 20 mile radius of the mobilehome park, as the measure of "reasonable costs of relocat'l n". In addition, the proposed ordinance significantly increases relocation costs fluid the a unt of compensation for the purchase of particular mobilehomes payable by park owners to res ents by changing the radius for the determination of relocation and replacement housing costs rom 50 miles to 20 miles. That thirty mile difference represents a significant substantive ehan " and in no way can be characterized as a "minor change in text." In point of fact the text of lqldlinance No. 3689 largely rewrites the City's mobilehome park closure and relocation program. minor text change embraces a few changed or new words —not the dozens upon dozens of al words and concepts set forth in Ordinance No. 3689 h u At the minimum, an Initial Study is required to consider the poiential effec. on the environmental associated with the proposed Ordinance No. 3689, and even that has of been done. Preemption Under State Law and Regulatory Takit The Golden State Manufactured Home Owners League C'GSMOV) has subm Ted two items of correspondence to the City regarding proposed Ordinance No. 3689. Those tems of correspondence are dated October 4, 2004, and October 29, 2004. In its corresp ride-ace, GSMOL asserts that Ordinance No. 3689 merely provides for "reasonable costs of ra&cation" and That the City Council has wide discretion under State law to determine what the -roosoriable costs of relocation" may be in a particular siniatiori. (See GSMOL corresponden e dated October 4, 2004, at page 3)_ 2 First of all it perhaps bears repeating that. Ordinance No. 3689 does not pure to set "relocation costs in a particular situation." Ordinance No. 3689 is proposed to hav general affect_ Secondly, Ordinance No. 3689 shifts the: focus of the analysis, if a mobileh e park ceases to do business, from "reasonable relocation costs" (as generally permitted uri'.er State F 4 4840•124o-7200 i ;i� Nov-08-04 04:38pm From-LEWIS BRISBOIS BISGARD & SMITH LLP 9098853187 T-408 P-06/06 F-472 Honorable Mayor and Members of the City Council 9• November 8, 2004 Page S law) to a transformation of reasonable relocation costs to now "include the cost of pu�hasing the mobilehome/manufactured home of the displaced homeowner. . .at its in place value... .but at no time shall the value of the mobilehome/manufactured home be less than the rep cement cost of a new home of similar Size and square footage." (Chapter 234.08.A.2: Ordin ce No. 3689_ November 1, 2004 version). The excerpt set forth in the preceding sentence is not a formula for the payment of relocation assistance. The standard for determining the amount payable is the value aj cost of replacement housing. This purchase price "cost" bears no relation to "relocation costs' It is a formula for the payment of just compensation. Not only does City Charter Section 803�..Prohibit the enactment of a zoning ordinance imposing such payment on a property owner, t uch an ordinance affects a regulatory taking of the interests of members of the MHl✓ in the mobilehome park property which each of them owns in the City of Huntington Beach. Conclusion MHET invites the City to engage in a genuine effort to address and correct ie legal invalidity inherent in Ordinance No. 3689 and Chapter 234. MHET is prepared work cooperatively with the City in such an effort. A motion of the City Council to suspend further consideration of Ordinance 3689 until the Planting Commission has submitted its recommendation and referral of this atter to The City Planning Commission for its recommendation, would provide MHET with ev ence of such interest of the City Council in working with MHET. a In the event that the City Council may nonetheless proceed to adopt Ordinance : o_ 3689 and certify the proposed CEQA categorical exemption for Ordinance No. 3689, 1 ase be informed that MHET is prepared to seek appropriate judicial relief, damages and recov y of its attorneys' fees, costs and expenses associated with the invalidation of Ordinance No. 3649. 5 In the event that you have any question regarding this matter, please do not h itate to contact the undersigned. Very truly yours, 's David F_ Gondek of LEWIS BRISBOIS BISGAARD & SMITH LLP 4' CC' City Clerk City Attorney Vickie Talley, Executive Director,MHET 42i46-i 24b-7?1H1.1 t RECEIVED FROM 1 AS PUBLIC RECORD FOR &I-JEEl" Example of Sales Prices of Mobile ' ERK OF` E Huntington Beach Mobile Home Parma''L FLYNN,CITY CLERK Of the city's privately owned 17 rental parks many were built during the 1960's or before. Following is a typical example of the sales prices of homes in the 1960's and 2004. An mobile home park conversion ordinance that would require the owners of the land to pay "in-place" value to the owners of mobile homes who are renting spaces in the park would result in an unconstitutional taking of property -taking the value of the real property and giving that value to the tenant/personal property mobile home owner. Mobile Home Park Space in a Mobile Home Park (LAND - APPRECIATING ASSET) A plot or real property (land) that is provided with the following infrastructure and amenities: Streets, Utilities;Lighting, Recreational Facilities (Clubhouse, pool, etc.), the maintenance and management of facilities and enforcement of community rules (quality of life) are provided to mobile home owners who rent a space or lot in the mobile home park. Mobile Home (PERSONAL PROPERTY - DEPRECIATING ASSET) 1964 Doublewide Original Purchase Price $30,000 on a space in a Huntington Beach mobile home park with amenities as noted above. 2004 Resales of 1960's Mobile Homes Land (Real Property) + 1964 Mobile Home (Personal Property)2004 Resale Price = $150,000 The 1964 mobile home is a depreciated asset with literally no value left after 30 years. However, within that same period of time, the land value has appreciated many times over. Because State law prohibits the owner of the land (mobile home park)from requiring that old mobile homes be removed from the park on resale, completely depreciated personal property is allowed to resell "in-place" giving the selling mobile home owner a windfall profit that is actually attributed to the value of the land. Completely depreciated homes with no value are selling for$150,00 and more because they are "selling"the leasehold right to remain on the lot in Huntington Beach! The value is not in the mobile home. It is in the land. Real Property + Personal Property = In-Place Sales Price Mobile Home Park Space 1964 Mobile Home Leasehold Right to Sell MH on Space Prepared and submitted to the City Council on November 8, 2004 by the Manufactured Housing Educational Trust, (949)380-3303. C iitCEIVED FRAM AS PUBLIC RECORD NCIL IJEETM CITY CL RK E JOIN L FLYNN,CITY CLERK 7.12.00.00-MOBILE HOMES 7.12.01.00 Mobile Homes-General B. There are not an adequate number of suitable replacement sites for the mobile Mobile home appraisals are treated somewhat homes being displaced;or differently than other types of appraisals only because of their unique nature. The first C. The mobile homes cannot be made determination to be made is whether it is realty or roadworthy and are thus incapable of being personalty. moved. 7.12.02.00 Mobile Homes-Realty These mobile homes will be appraised only after the District/Region's Relocation Assistance Branch has Mobile homes installed on the owner's land in determined that they qualify for purchase by the compliance with Health and Safety Code State. The Relocation Assistance Branch will Section 18551 may be shown on County Recorder's normally initiate the appraisal by memorandum records as subject to real property taxation. Mobile specifying the conditions requiring the appraisal. A homes so indexed should be considered real copy of this memorandum will be included in the property and be appraised as such. See Section Report. 7,07.02.00. If the mobile home is not so indexed, the appraiser should consider the following tests to It is the responsibility of the appraiser to review all determine if the mobile home should be classified mobile homes when inspecting the parent property as real property: site. If it appears that any will not meet D. S. & S. standards,the Relocation Assistance Branch should A. Does the physical manner in which the be notified so that a definitive determination can be mobile home is affixed to land made. (particularly the nature of the foundation) indicate an apparent intention that the 7.12.04.00 Mobile Homes-Special home be permanently annexed to the Procedures realty? The parcel.number to be used for mobile homes on B. Would removal of the mobile home rented or leased space (such as in a mobile home completely or materially render other park) will be the parcel number of the property in significant real property improvements which the mobile home is located, with an "MH" associated with the use of the mobile home suffix added together with a unit number; e.g., (e.g., pads, utilities, etc.) to be unfit for I I456(MH-1). Mobile homes will be appraised in their intended use? Minor improvements the same manner as other property, (i.e., fair market should not be considered in this respect. valde in place)._Normally, there should be ample market data available. Comparison factors should be If the mobile home clearly fits either of these tests, based on industry standards. Although they should it should be considered real property and appraised not be included in the report, current Mobile Home accordingly. If there is doubt, a legal opinion Appraisal and Condition Report forms are often should be obtained. available through lenders and dealers and list many of the factors considered in mobile home valuations. 7.12.03.00 Mobile Homes-Personalty The Residential Building Check Sheet (Exhibit 7- EX-8) should be used in the appraisal. As an Mobile homes classified as personalty are eligible alternate, a modified URAR Form can be used. for purchase by the State only if they are Additional considerations involved in the appraisal determined to be owner-occupied and to fall within of mobile homes are the license or tax status of the one of the following categories: unit and possible penalties to the seller, differences between nominal and actual length of the unit, the A. The mobile homes do not meet "decent, quality, condition and desirability of the mobile safe,and sanitary"standards;or home park, and the impact of space rental rates on the subject and the comparables. 7.12- 1 (Rev. 1i98) The industry "blue book" may yield useful e.g.,2.44 m x 12.04 m. information for arriving at a Replacement Cost New for a comparable unit, but not include the total cost C. Vehicle serial number. of a new unit established on the site. D. Vehicle license plate number, State, and 7.12.05.00 Mobile Homes-Format expiration date. Instead of a license plate number, some mobile homes will Mobile home appraisals will conform to normal have a substitute State of California Title format except that the following additional Control Number("Q" series number)on information is required: the Ownership Certificate(if sold new in California after July 1, 1980, if sold A. Year built and manufacturer. more than 120 days after the expiration date of the license plates, and certain B. Nominal dimensions; e.g.,2.4 m x 12 m other circumstances). The number used and actual dimensions'(if different); should be the two letter-four digit license plate or control number indicated on the title to the current owner. 7.12-2(Rev. 1i98) J { ► CITE' OF HUNTINGTON BEACH Inter-Department Communication TO: DAVD BIGGS, Director of Economic Developmg6EIVED FROM IL PUBLIC RECORD MEETIV // fj FROM: GAL,HUTTON, City Attorney OF CITY CLERK JOAN L FLYNN,CITY CLERK DATE: February 14,2001 SUBJECT: RLS4 2000-944 (Mobile Home Park Conversions Ordinance) - BACKGROUND: The Mobile Home Advisory Board has requested a legal opinion on whether the City s Mobilehome Park Conversions Ordinance (Chapter 234, Sections 234.02 through 234.14) is in compliance withh state law. ISSUE: Is the current Mobilehome Park Conversions Ordinance in compliance with state law? ANSWER: No, the current ordinance should be rerzsed to comply with state law. RELEVANT LAW:There are two sections in the current ordinance that should be revised to bring the ordinance into compliance with current law. First, Section 234.04(I), defining "Notice of intent to change use," cites California Civil Code Section 7.98.56(f)(2); however, the State legislature amended State law thereby renumbering the referenced section. Therefore, Section 234.04(1) should be amended to cite to California Civil Code Section 798.56(g)(2). Second, Section 234.06 of the current ordinance requires that the City Council make specific findings prior to approving a zone change or change of use of a Mobilehome Park. However, this section refers only to California Government Code section 66427.4. While this law is current, it applies specifically to conversions that would occur pursuant to the filing of a parcel map for subdivision only. State law mandates a specific procedure be followed prior to conversion of a mobilehome park,closure of a park, or cessation of the use as a mobilehome park. California Government Code Section 65863.7 is attached for your review. CONCLUSION: Attached please find a legislative draft reflecting the appropriate revisions to the Ciry's Mobilehome Park Conversions Ordinance to comply with state law. Please note that state law establishes only the minimum standards.The City is free to adopt language that is more stringent than required by state law. GAL,h7i TON City Attorney MAURICE A. PRIEST Attorney at Law CA 980 Ninth Street, 16th Floor Sacramento,California 95814 otc,I' P 1: 0 (916)446-0000 Fax: (916)424-2205 MAURirr,A,PRMST' E-mail: attorneyaccess@att.net -A,1,50 AM]rto iN HAWArl October 29,2004 Jennifer McGrath, City Attorney Honorable Mayor&Councilmembers City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Re: Proposed Modifications to Mobilehome Park Conversion Ordinance Chapter 234 Are Constitutional; City Council Has Legal Right to Include"Tn-Place Fair Market Value of Home"Displaced by Park Conversion or Closure Dear Mayor, Councilmembers& City Attorney McGrath: As Corporate Counsel.of Golden State Manufactured-Home Owners League, Inc. (GSMOL),I commend you for supporting and adopting the modifications to the Mobilehome Park Co:nversion Ordinance.,as proposed by GSMOL,at your last City Council meeting, The modifications adopted by the Council included the right of mobilehome owners to recover the in-place fair market value of their respective homes, if there was no available space within the acceptable radius to which the homes could be relocated. Jt is now my understanding that park owner representatives are challenging that provision in the ordinance,and are claiming that the City Council does not have legal authority to include such a provision, and that it is unconstitutional. This argument by park owners and their representatives is without legal basis, and is a desperate attempt to deny a displaced homeowner fair compensation when forced to move due to a park owner's decision to close his park or convert the land to a different use. PURSUANT TO GOVERNMENT CODE SECTION 65863.7, STATE LAW GIVES THE CITY BROAD AUTHORITY TO DETERMINE THE"REASONABLE COSTS OF RELOCATION" As an attorney for 27 years who has specialized in mobilehome law and who has previously served as Chairman of the State Bar Committee on Mobilehome Law(a division of the Landlord- Tenant division of the Real Property Law Section), I am very familiar with the state law governing the closure and conversion of mobilehome parks. i Page 2 Mayor. &Council Members October 24,2004 Government Code Section 65863.7 (e), the state law directly on point, states that: "(e) The legislative body,or its delegated advisory agency,shall review the report, prior to any charge of use, and may require, as a condition of the change,the person or entity to take steps to mitigate any adverse impact of the conversion,closure, or cessation of use on the ability of displaced mobilehome park residents to find adequate housing in a mobilehome park. The steps required to be taken to mitigate shall not exceed the reasonable costs of relocation." This statute does not say compensation is limited to the costs of"relocating the mobilehome", but says "the reasonable costs of relocation". Nor did the Legislature include language that prevents the City Council from determining,in its reasonable discretion, what the"reasonable costs of relocation" should be in a given situation. It is inherently reasonable that the City include within its conversion ordinance, a provision that addresses what the reasonable costs of relocation will be if a particular home cannot be relocated to a new and different space within the allowable radius. The provisions of the ordinance do not state that every displaced homeowner shall receive the in-place fair market value of their home upon park closure or conversion. if the ordinance mandated this compensation to Ievery displaced homeowner, as the only measure for compensation, then the park owner's.claim of unconstitutionality might have . some basis. However,.as drafted,the ordinance provides that if a particular home cannot be relocated to a new space, payment of in-place fair market value by the park owner forcing the park closure may be required. This is an option which has a reasonable place . within the ordinance. If the State had intended to preempt the rights of local government concerning compensation to displaced homeowners, it would have stated so in the statute. Instead the Legislature adopted a broad reference to compensation,"the reasonable costs of relocation", and left it to the reasonable discretion of the City Council to determine the range and scope of compensation depending upon the circumstances of a particular park closure. Please do not be misled by park owners who fear they may have to make reasonable compensation to their displaced homeowners when they close their parks. 4Sincere] . aur.ce A. Priest Corporate Counsel & Legislative Advocate GSMOL Newport Pacifc Ca ital Com anp Company, Inc. October 28, 2004 -� I r / RECEIVED FROM ✓;Mp 40J-5oe7 AS PUBLIC RECOR��C�/ IL MEET The Petrocco Family OF 44 CLERK� =E And To All Persons in Possession JOAN L FLYW CITY CLERK 80 Huntington Street, Sp.#467 6 - /6 Huntington Beach, CA 92648 RE: YEARLY RENT INCREASE NOTIFICATION - PACIFIC MOBILE HOME PARK Dear Petrocco Family 90 DAY NOTICE OF CHANGE OF TERMS OF TENANCY PLEASE TAKE NOTICE that at the expiration of ninety (90) days after this Notice, your tenancy of the premises described above and occupied by you or others will be changed as follows: Effective February 1, 2005, your current base rent will increase by $100.00, from $535.00 to $635.00. Said premises are situated in the city of Huntington Beach, County of Orange, State of California, designated by the number and street as 80 Huntington Street, #467, Huntington Beach, California. We realize that this increase may create financial hardship for some residents. Please know that there are various programs in place to assist you. You may wish to speak with the resident manager regarding these programs. We thank you for your continued residency at Pacific Mobile Home Park. Sincerely, NEWPORT PACIFIC CAPITAL CO., INC. Managing Agent for Pacific Mobile Home Park Brigitte BeLow Regional Manager Cc: Resident file 17300 Red Hill Avenue, Suite 280,Irvine,California 92614 Telephone 949/852-5575 RECENED FF.--- .40& rA9 OFAS PUBLIC REC., -.ii( OFFICE JOAN L FLfNN,CITY CLERK For purposes of the Huntington Beach Conversion Ordinance which indicates a re-location distance of no more than a 20 mile radius from a converting park located in Huntington Beach, a study has indicated the following cities located within the limit of 20 miles that have mobilehome parks with 2 or more mobilehomes occupying spaces within the park. CITY PARKS HOMES CITY PARKS HOMES Anaheim 26 3586 Newport Beach 9 878 Bellflower 43 1477 Norwalk 6 441 Brea 5 926 Orange 11 1403 Carson 24 2388 Paramount 18 1429 Compton 15 1155 San Pedro 1 242 Costa Mesa 18 971 Santa Ana 30 3968 Cypress 2 357 Santa Fe Spr. 2 118 Downey 4 182 Seal Beach 1 125 Fountain Valley 2 374 South Gate 1 239 Fullerton 6 822 Stanton 8 1198 Garden Grove 12 1430 Tustin 7 734 Harbor City 7 886 Westminster 17 2883 Hawaiian Gardens 2 248 Whittier 9 583 Huntington Beach 17 2873 Wilmington 2 146 Irvine 2 893 Yorba Linda 2 290 La Habra 3 510 Los Alamitos 1 109 La Mirada 1 150 Lynwood 2 67 Lomita 15 525 Midway City 1 66 Long Beach 12 1994 Total--19 216 21747 18 128 14919 Gr.Tot.37 cities 344 parks 36,666 homes I Nov-01-04 04:57pm From-LEWIS BRISSOIS EISGARD & SMITH LLP 9098853187 T-330 P.01/09 F-307 f LEWIS BRISBOIS BISGAARD & SM1TH,­.-LLf' l1_YU i H 1j 1"H G 10 ti B E,,!,,q-1, CA ATTORNEYS AT LAW P �,N 650 EAST HOSPITALITY LANE, SUITE 600, SAN BERNARDINO, CA 94408 PHONF: 909-397.1130 1 FAX' 909.387.1138 1 WFBSITF: www_jbbS1;4w.cor4 DAviD F.GONDF-9 November 1,2004 ILr:No. VIRECT MAI.909,381,7173 21140-002 F-MAiL:gondek@lbbslaw corn Phone Number Fax Numbet To: City Clerk (714) 3 74-1*SVQ 7 City of Huntington Beach From: David F. Gondek (909) 381-7173 Pages: 9 File No.; 27140-002 Re; City Council Ordinance No. 3689 (Amendments to Mobilchome Park Can r Sian Program of Chapter 234 of the City of Huntington Beach Municipal Cade)f Message: Please see the attached. PLEASE CAL.1-(909)387-1130 iMMEEXATEI.-Y IF TtIERE ARE ANY PROBLEMS WITH THIS TRANSMISSION Tneiriformaton contained ininisfacsimi[e message is intended oNyforme personal and cGrifidental use of me oesignauJ recipients, nArneo aWve. Tnss message may ne an attorney-client communication,ana as such,is privileged and confidential 1,. ne reader of this message is not the intended recipient or an agent responsinie for delivering it to tne intenaea recipient,you are netynolified inat you nave received inis document in error,and that any review.oissemination,Olstrioution,or copying of mis messy . is strictly pronjoited. if you have received MiS communication in error, please notify us immediatelyi3y telephone ano return l le original message to Lis Dy mail Thank you I-M ANMLL, SANF&ViCISCO SAN DII;W OMNGRICOUNrY KVNDFMW SAMWfX10 NEWYOW LAS W-Lxs P Ian 213.25(118W 415 36'-)2580 619.233,1" 71+545.9200 9W.387.1130 916 sti+54w 712 2321300 7u2.893 3383 fA).38�{U40 520.20?2505 Nov-01-04 04:57pm From-LEWIS BRISBOIS BISGARD 4 SMITH LLP 9098853187 T-330 P.02/09 F-397 7 LEWIS SRISBOIS BISGAARD & SMITH LL.P ATTORNEYS AT LAW 650 FAST HOSeITALITY LANE, SUIIf 600, SAN BERNARP1No, CA 92�408 PHONE: 909 387.1130 1 FAX 909.387 1138 1 WEBSITE www. lbh� sw C0131 s P•aVfA F.CONVEK November 1, 2004 No DIRECT DIAL. 909.381.7173 2714u.002 F-MAIL gondek@lbbslaw.com a i 1 4. Honorable Mayor and Members of the City Council City of Huntington Beach s 2000 Main Street Huntington Beach, California 92648-2702 Re: Consideration of Second Reading of Ordinance No. 3689 by the City .,Council' Ameuding Chapter 234 of the Huatington Beach Municipal Code (Mobehome Park Conversions) i NOTICE Of INTENTION OF MANUFACTURED HOUSING EDUCATION TRUST TO INITIATE LEGAL PROCEEDINGS TO INVALIDATE ORDINANCE NO.36$9 AND SEER DAMAGES FOR z UNLAWFUL ACTIONS ASSOCIATED WITH ADOPTION OF T. ORDINANCE NO. 3689 Honorable Mayor and Members of the City Council, x This law firm serves as special legal counsel to the Manufactured .Housing Edtj.�atiorial Trust ("MHET"). MHET is a non-profu corporation which provides inforrn:iiiopal and educational services for its members. Some of the members of MHET own mobilehome arks u7. The City of Huntington Beach(the "City"). On behalf of MHET we have reviewed the provisions of proposed City Ordin ce No. 3689, which amends various provisions of Chapter 234 of the Huntington Beach Municipal Code pertaining to the conversion of mobilehome park lands to other land uses it is our uncle coding that the City Council is currently scheduled to consider the second reading of Ordinacr No. 3689 during the November 1, 2004, regular meeting of the City Council. y a c fi t r fo 4920.151 4-4192.1 L3S,1,N L-C; SA.NFmNc4sm slr Olwo OPANUxCOlNry LNANDI:n& t 1.1uxwV1tNr0 NkwYoRk i1sVlxkc. Ptwrav� 1Lcsan 213250,4SW 415,36a25$J 619233 itQ 714.5459200 9093 7113U 910564.5400 2i223213U0 702993.33S3 002.39vw 5'02u22565 f i Nov-01-04 04:58pm From-LEWIS BRISBOIS BISGARD & SMITH LLP 9098853187 T-330 P.03/09 F-397 s Honorable Mayor and f Members of the City Council November 1, 2004 s Page 2 . s MHFT hereby gives notice to the City Council, and each member thereof, that O dinance' No. 3689 is invalid and violates various provisions of Federal law, State law, the City charter and the Huntington Beach Municipal Code. The City Planning Commission has not considered the provisions of Ordinance No_ 3689 at a public: hearing called for such purposes, d as a consequence Ordinance No. 3689 is void under the Huntington Beach Municipal C+e as a usurpation by the City Council of the power and duties of the City Planning Commissn with respect to the consideration of zoning ordinances of the City. Not only are certain provisions of Ordinance No 3689 and Chapter 234 in cotll 'ct with current State law, other provisions of Ordinance No. 3689 and Chapter 234 are not imOrceable under City Charter Section 803 (the "Property Rights Protection Measure"), as these plvisions impose prohibited mandates on the owners of land used for mobilehome park purposes. In addition, Ordinance No. 3689 violates the substantive due process rights of members of MHFT who own mobilehome parks in the City_ Ordinance No. 3689 will, if given a second reOing by. the City Council, result in a taking of property without compensation in violation of the Property Rights Protection Measure and the Fifth and Fotu'teenth Amendments of the Unite4 States Constitution. r Ordinance No. 3689 Is Preempted by State Law MHFT has previously delivered certain con espondence, including; corresponden e from The undersigned, dated August 16, 2004, to the City which addresses various legal de .1iencies' which were then observed in a proposal of one or more members of the City Council t amend the mobilehome park relocation assistance prograr n of the City, Since the time of subm 6sion of 14 That correspondence by MHFT, the City has not engaged in a collaborative process wit11 MHET on any of the points which are now included in Ordinance No. 3689_ Instead, the City Council now appears to be engaged in a hasty agenda i� adopt' Ordinance No. 3689 without concern for the potential impacts of such a measure on the land use or housing elements of the City General Plan and without consaltation or guidance from he City Planning Commission. A number of valid objections are ignored and bold new ground seized by the City Council in transferring wealth and interests in real property from park o ners to mobilehome resident! No where is the hastiness of the City Council's agenda for ace Ilerating consideration of Ordinance No. 3689 more evident than the City Cotincil's assumpticil of the. role of the City Planning Commission in considering the effect of the measure on the City J The provisions of Government Code Section 65863.7 provide for the contently of the impact report which must be filed with the local aathority when an owner of a mobileh "i e park intends to change the use of the land on which the mobilehome park is situated and wlre, as a result, one or more mobilehome residents will be displaced. Goverrirriem Code"�Section 65863.7(a) requires the applicant who seeks to convert a mobilehome park land use tee another land use to include in the report the availability of adequate replacement mobilehome or manufactured housing in mobilehome parks and an estimate of the relocation costs 4sociated with such a conversion of land use. f Y' k 4�20-1 5 1 4-4 02.I ( t h Nov-01-04 04:58pm From-LEWIS BRISBOIS BISGARD SMITH LLP 9098858187 T-330 P.04/09 F-397 Honorable Mayor and Members of the City Council November 1, 2004 Page 3 This is old ground for the City. But apparently it bears repeating that GovernmIt Code Section 65863.7(e) states that in reviewing the impact report the local authority ". pLa4,Tegwre, as a condition of the change, the person or entity to take steps to mitigate any adverse iiipact of the conversion_ . _ on the ability of displaced mobilehome park resident to find adequateousing' in a mobilehome park. The steps required to be taken to mitigate shall not exceed the reonable costs of relocation." (emphasis added). t f The provisions of Ordinance No. 3689 which amend Chapter 234.08 far ex ` ed the standards for mitigation of adverse impacts on mobilehome residents which are set onh in Government Code Section 65863.7. Ordinance No. 3689 now mandates that the appliclAt must'' purchase mobilehomes which cannot be relocated on a basis different from the standard et forth in State relocation laws, including Title 25 California Code of Regulations Sections �92 and 6112. State law authorizes "reasonable costs of relocation", to be paid to mobilehoilte park residents who either move their coaches to other mobilehome parks or who are unable 'o move their coaches for a variety of reasons. But it must be emphasized that State law provid " for the payment of relocation benefits. State law does not mandate the purchase of arty mobilc ome or the payment of just compensation in the guise of `-reasonable costs of relocation ' This distinction between what state law authorises and what Ordinance No. 3689 calls t'% is the difference between a lawful land use regulation and an invalid cane_ To the extent 4hai the formula determining the purchase price payable by a mobilehome park owner to a mobilehome resident is cast in terms of payment of compensation rather than payment of relac; tion or mitigation benefits, Ordinance No. 3689 not only is preempted under state law, b4t it also violates the Property Rights Protection Measure. Ordinance No. 3689 (Chapter 234,0$(A)(2)) violates the Property Rights Protection Measure on two (2) separate grounds. (i) It co*els the owner of a mobilehome park to purchase one or more mobilehome coaches from the resdents of a mobilehome park and is not a valid plannirig and coning exaction under Govcrnm ' t CodE Section 65863.7, and (ii) the amount of the purchase price payable under Chapter 234,1 (A)(2) to the seller of a mobilehome coach is not a relocation payment, it is the shifting of Property ownership in a mobilehome coach from the mobilehome resident to the mobilehome pa fs owner as a condition of the conversion of mobilehome park land use. In the words of Chapter 234.08(A)(2), if the "homeowner has elected to sell his or her mobile/manufactured hon;( the mobilehome pork owner shall purchase it at a. sale price which is not "...less an the replacement cost of a new home of similar size and square footage." t A Ordinance No. 3689 Does Not Comply with CEQA In the correspondence dated August 16, 2004, which MMET previously submitlyd to the City, the following observation appears: F "The proposed Amendment to Chapter 234 is a "proaecC ur..der the �" Ilfol111a Environmental Quality Act ("C1;QA")_ In view of the tact that The provisions of Chapter t t� i 4 Nov-01-04 04:59pm From-LEWIS BRISBOIS BISGARD & SMITH LLP 0098853187 T-330 P.05/09 F-397 Honorable Mayor and Members of the City Council November 1, 2004 Page 4 f r 234 and the proposed Amendment have important implications for the City's Pusing element it is unlikely that an Initial Study can be prepared for the proposed Am*ldment. and reviewed by interested persons within the next thirty (30) days, It is also iniikely that the City can comply with the procedural requirements of CEQA within 41e next thirty (30) days under any circumstance. As part of the review indicated b CEQA MHET requests that specific attention be given by City staff to the potentially dverse; effects on the environment and on affordable housing production goals of i ie City associated with further restricting the change of land use of mobilehome park site for the production of affordable housing in the future. Naturally, the City Planning; Corinission must also consider these matters and so it would appear that the City and iterested stakeholders should have sufficient time to review and comment upon the text of any proposed Amendment before it is finally submitted to the City Council foci further consideration." The adoption of Ordinance No. 3689 violates the provisions of CEQA. The wnJ ien staff report and materials which accompany the consideration of Ordinance No. 3689, inc de the assertion that the adoption of Ordinance No. 3689 by the City Council is exempt from C QA on the grounds that Ordinance No. 3689 enjoys a "categorical exemption" from CEQA. T ,e basis for this assertion of categorical exemption status is purported to arise from Cityouncil Resolution No. 4501, dated August 1, 1977. i No provision of CEQA or the CEQA Guidelines describe a categorical exemtion as purportedly found in "Class XX" of City Council Resolution. No_ 4501. Furthermore neither CEQA or the current CfQA Guidelines delegate authority to the City to invent new ea gorieal exemptions which are not expressly identified at 14 CCR Section 15300 eT seq. In a y case, Ordinance No. 3689 is not a minor amendment to a zoning ordinance, as among othgr things Ordinance No. 3689 reduces the relocation radius for purposes of determining the ar aunt of relocation benefits which may be payable, from SO miles to 20 miles and mandat4, That a mobilehome park owner purchase mobilehome coaches at a price not less Yan the replacement cost of a new home of similar size and square footage." (Chapter 234.08(A f2)). In point of fact, the author of the staff report which asserts that Ordinance No- 3689 is ere pt from CEQA assumes that the relocation radius of the prior version of Chapter 234.OS(A)wou�.l not be reduced from 50 to 20 miles, as is the case in the filial form of Ordinance No. 3689, The City Council has simply failed to proceed in the manner required by lA r in its. c rndorsement of a categorical exemption under CEQA for Ordinance No. 3689. The adr ption of a zoning ordinance such as Ordinance No. 3689 is :not categorically exempt from CFQA,� k Ordinance No.3689 Is Invalid As the City Planning Commission Has NOT Recommended Its Approval to the City Council F i MHET is informed that the City Planning Commission has not conducted public hearing, as required by Municipal Code Section.247.06, to consider Ordinance No. 3689 a r.. 4820-1514-+192 1 n Nov-01-04 04:59pm From-LEWIS BRISBOIS BISGARD & SMITH LLP 9098853187 T-330 P.06/09 F-397 Honorable Mayor and Members of the City Council November 1, 2004 Page 5 'r. a No provision of the Kuntington Beach Municipal Code or the City Charter appears to authorize the City Council to essentially bypass or usurp the role of the City lanning Commission in adopting or amending a zoning ordinance of the City. However, this is gecisely what appears to have occurred in the case of Ordinance No. 3689. While the State Planing and Zoning Law contains limited authority for the City Council to adopt certain zoning ordin trees on a temporary or urgency basis without first consulting with the Planning Commisoni, no provision of Ordinance No. 3689 appears to support its introduction as an urgency or temporary zoning measure. Accordingly, Ordinance No. 3689 is invalid for the reason that the City Rlanning Commission has not been afforded an opportunity to review it and submit its recom.menation to the City Council as required by the City of Huntington Beach Municipal Code and alicable State law. Ordinance No. 3689 Violates Section 803 of the City Charter r The clear purpose of Ordinance No_ 3689 is to assure owners of mobilehome coA' es and manufactured homes that the mobilehome park owner must purchase their mobilehu1F it' the mobilehome cannot be relocated to "a comparable mobile/manufactured home park qthin 20 miles of its existing location...[and] at no time shall the value of the mobile/manufacturI`$ 'd home (payable by the park owner] be less than the replacement cost of a new home of similarize and square footage." (Chapter 234.OS(A)(2)) This language of Ordinance No. 3689 by terms mandates the specific terms of the purchase price for a transfer of real property. Acc4rdingly, Ordinance No. 3689 violates Section 803 of the City Charter. In addition, it should be rt$ted that the mandated purchase price bears no relationship to the value of the mobile/manufacturd home which the owner of a mobilehome park is compelled to purchase, but instead is based upon another standard entirely -- namely, the replacement cost of a new home of similar ize and square footage. This formula for determining the purchase price payable by the ownr of the mobilehome park for the purchase of a mobile/manufactured Home includes the lalue of conventionally constructed new homes within a 20 miles radius of the mobilehome par1,1 Such a standard is manifestly confiscatory under any standard of fairness, to say nothi* about applicable Federal Constitutional Law. nh I, Conclusion r 3 It is the hope of MHET that the City has a, genuine interest in working with MET and its mobilehome park owner members in addressing and correcting the legal invalidity in Brent in Ordinance No. 3689 and Chapter 234. e A motion of the City Council approving the suspension Of the second riding of Ordinance No. 3689 and to refer the matter to the City Planning Commission for its recommendation in accordance with the Huntington Beach Municipal Code woulc provide MKET with evidence of such interest of the City Council in working with MHET. i u n 4920-:514•4192 1 Nov-01-04 04:59pm From-LEWIS BRISBOIS BISGARD & SMITH LLP 9098853187 T-330 P.07/09 F-397 kionorable Mayor and Members of the City Council November 1, 2004 Page 6 ff In the event that the City Council may nonetheless proceed to give Ordinance No' 3689 a second reading, please be informed that M.HET is prepared to seek appropriate judici i relief, damages and recovery of its attorneys' fees, costs and expenses associated with the inv+idation of Ordinance No. 3689. In the event that you have any question regarding this matter, please do aoF hefitate to contact the undersigned_ z Very truly yours, r ,,1 x b� D David P. Gondek of s LEWIS BRISBOIS EISGAARD & SMITH LLP cc: Cny Clerk City Attorney Vickie Talley, Executive Director, MH&T i L 1' b l( D �tttt 1' F 1 "A 1 s 7 ;1 B ti a i t T sn l: E r th 4820-1314.4192 t k i Nov-01-04 05:00Pm From-LEWIS BRISBOIS BISGARD & SMITH LLP 9098853187 T-330 P.08/09 F-397 K LEWIS BRISBOiS BISGA.ARID & SMITii LLP s ATTORNEYS AT LAW 650 FAQ"1 HOSPITALIrY LANE , SU1rE 600, SAN BERNARDINO, CA 91408 PtiONv - 909.387 1130 1 FAX: 909 397.1138 1 WESSITE: www 1bb5Euw_GUT _ 4 1� L, DAVIA F.ConDEK November 1, 2004 �FII_E No DIRECT DIAL' 909 381.7173 27 140-002 F-MAIL: gUAdck©lbbslaw com Fy f Mayor and Members of the " City Council and City Clerk City of Huntington Beach { 2000 Main Street Huntington Beach, California 92648 A Re: City Council Ordinance No. 3689(, �rmendrnents to Mobilehorrie Park Co ersion Program of Chapter 234 of the City of Huntington Beach Municipal Code Notice of Demand for Preparation of Administrative Record Honorable Mayor, Members of the City Council and City Clerk: This Notice of Demand for Preparation of Administrative Record (the "No ice") i�s submitted to the City Council of the City of Huntington Beach (the "City") and the City lcrk of the City on behalf of the Manufactured Housing, Educational Trust, a non-profit coloration. This Notice shall apply and take effect in the event that the City Council may i 'iore the request of MHET, as set forth in its separate letter dated November 1, 2004, requestingJhe City Council to suspend the second reading of City Council Ordinance No. 3689 amending; Chapter. 234 of the Huntington Beach Municipal Code. MHET submits to the City Council that Ordinance No. 3689 is :legally flared in a number of ways. The City assess that the adoption of Ordinance No. 3689 has no s; niticant effect on the environment by virtue of its status as a categorically exempt project 4pdcr the California Environmental Quality Act ("CEQA"). MHET does not agrce with this assnion of the City as relates to CEQA and the adoption of Ordinance No. 3689_ o r 1 �81t,-4oF�-187x 1 s s t t Nov-01-04 05:OOpm From-LEWIS BRISBOIS SISGARD & SMITH LLP 9098853187 T-330 P.09/09 F-397 i Honorable Mayor and Members of the City Council November 1, 2004 Page 2 Pursuant to Public Resources Code Section 21167.6 and Code of Civil Procedurac'ection 1094.5, MHU hereby requests that an administrative record be prepared for the procee ings in which the City determined that the adoption of Ordinance No- 3689 is a categorically exempt project under CEQA_ Accordingly, such administrative record should include all items `utlined in Public Resources Section 21167.6(e) and Code of Civil Procedure Section 1094.5 as r lates to the adoption of Ordinance No. 3689 including without limitation the deliberationy'of the '`Department of Environmental Resources" and the deliberations of the "Environmental, eview Committee", as these terms are defined in City Council Resolution No. 4501. s MHET shall pay the reasonable cost of preparing such administrative recordj Please contact the undersigned to provide MHET with a preliminary estimate of the cost pa " ble by MHET for the City's preparation of such an administrative record before the asser,sly and preparation of such a document is undertaken. z. MHET reserves the right to request the City to provide other records relatini to the matters described in this Notice. r Very truly yours, e K David F. Gondek of }, LEWIS 13R.IS1301S BISGAARD & SMITH LL.P i �5 .1 T DFG:jmm s r. CC: Ms. Vickie Talley, Executive Director, MHET t R F R a E R s, f d �t r Y k +BIU•4da3-1873 l :s Albers, Patricia From: Dapkus, Pat Sent: Monday, November 01, 2004 4:10 PM To: Jones, Dale; Albers, Patricia Subject: FW: URGENT: Tonight's Mobile Home Park Ordinance 2nd Reading -----Original Message----- From: Jimmy Hodson [mailto:jimhodson@verizon.net] Sent: Monday, November 01, 2004 4 :05 PM To: city.council@surfcity-hb.org Cc: Pat Dapkus Subject: URGENT: Tonight's Mobile Home Park Ordinance 2nd Reading Dear Mayor & Council Members, As owners of Pacific Mobile Home Park, we want to implore you one last time before you meet in your closed-door session today to NOT adopt the second reading of the proposed mobile home park ordinance for the City of Huntington Beach. First of all, not only is it grossly unfair and just plain wrong, it is clearly unconstitutional, illegal, and in violation of the City Charter. Your own city attorney said it was unconstitutional and it would not hold up in court. Futhermore, the mobile home park owners and MHET were denied due process as we never were given the chance for open public review. This violation can leave council members open to personal accountability and litigation, not to mention the city. Current California State law provides sufficient protection for all mobile home residents. They are fairly compensated (and guaranteed 12 months' prior notification) for all reasonable moving expenses should a park have to close. Moving a double-wide trailer costs about $16,000 or so, a single wide less. This is fair and equitable and would cost us upwards of 3-4 million dollars should we ever need to sell our park. The mobile home park industry is already heavily regulated to protect usually low or moderate incomed residents. One more egregiously costly albatross around our necks would be disatrous and blow up in the faces of the residents and the city. The proposal of paying fair market value to trailer owners would be so outrageously high as to prevent every mobile home park in Huntington Beach from ever being sold or converted. At our park, we've kept our rents below average, therefore, even old, decrepit homes sell for top dollar as everyone wants to live at the beach for $700 a month. If our- rents were higher, the home prices would be much lower. Our fairness and low rents of the past would be negatively rewarded. Having to pay in-place value would cost us or a developer/buyer literally tens of millions of dollars, up to 40 or 50 million dollars! It's a deal breaker. It's communism. No one would pay double our triple price or more for a property. Therefore, the City is effectively abrogating our property rights. This kind of violation has been struck down in courts repeatedly and will be here as well at great cost and headache for all. By trying to railroad this illegal, automatically litigated ordinance through just before the election smacks of cheap vote-pandering. But surely, aren't there far more business and property owners who will vote than mobile home residents? This anti-business ordinance will also bite you back in other ways in addition to the costly litigation. By preventing the sale or conversion of all mobile home parks in the city, you are preventing any future development and increased tax revenues. Our park could generate much more revenue for the city if it were any other business or use. And it would double or triple the cost of closing the City-owned mobile home park or declaring eminent domain on any of the parks. As there are tens of millions of dollars at stake, the legal response to this ordinace will be swift and large. We have no plans to close or change our park, but we must retain the right and ability to do so should it ever become necessary. Please do the right thing. The residents are already protected, so please protect our property rights and the City's future by throwing out this unconstitutional ordinance. Thank you very much, Jim, Gary & Mark Hodgson Owners, Pacific Mobile Home Park. LLC Jimmy Hodson Sizable Productions, Inc. www.JimmyHodson.com 2 Page 1 of 2 Albers, Patricia From: Dapkus, Pat Sent: Monday, November 01, 2004 4:19 PM To: Ehring, Liz; Jones, Dale; Albers, Patricia Subject: FW: Mobile Home Relocation Ordinance -----Original Message----- From: John Sisker [mailto:jsisker@sprynet.com] Sent: Monday, November 01, 2004 3:47 PM To: City Council Cc: Pat Dapkus Subject: Mobile Home Relocation Ordinance November 1, 2004 Mayor Pro-Tem Jill Hardy & City Council Members 2000 Main Street Huntington Beach, CA 92648 Re: In support of updating the Mobile Home Relocation Ordinance to include current market value Dear Ms. Hardy, Mayor Pro-Tem, & Members of the City Council: November 1, 2004 Council Agenda - Late Communication This is in direct reference to the recent rent increase of$100 a month imposed on the residents of Pacific Mobile Home Park, directly across the street from the Pacific City development. With the GSMOL Chapter reinstated within this park, the ties should now be closer between the residents, for as evidenced last Friday, we may certainly need it. Naturally, I am referring to the $100 rent increase we just received notice of. Of course, we could all justify it by sweeping it under the rug, simply stating we were way under market value anyway. However, I'm not buying it - and I'm in the business, and I don't think many others will as well. I had previously been in communication with our City Council to watch out for this very thing, in reference to updating the City's Mobile Home Relocation Ordinance to �1,6 11/1/2004 t = Page 2 of 2 include "current market value." Likewise, I have also seen this type of thing throughout the entire nation. Rents go up, but park maintenance does not. Is our park going to actually improve, or simply maintain their status quo, yet with management pocketing all the profits? Or does this park expect us to pay for the needed upgrade in the electrical component of the infrastructure to bring it up to a 100 Amp park, thus and in reality having us all pay twice for the same thing? (see the Mobilehome Residency Law on this one) In any event, good luck in continuing where we left off. Likewise, it seems that the tides are actually shifting of late, thus possibly making any attempt to purchase the park more important than ever. If we don't, personally I don't think we are actually intended to co-exist with the Pacific City build out, and that is something I know about. Sincerely, John Sisker, Founding Director Manufactured Home Owners Network 80 Huntington Street Space 266 Huntington Beach CA 92648 (714) 536-3850 11/1/2004