HomeMy WebLinkAboutZoning Text Amendment 01-03 - Mobile Home Park Conversion - December 1, 2002
Honorable Mayor and Members of the City Council
2000 Main Street I.M DEC -2 l.1
Huntington Beach
CA 92648
Ref: G-1 d.
Council Agenda
December 2, 2002
Honorable Mayor and Members of the City Council:
In reference to updating Ordinance No. 3595 of Chapter 234 of the Huntington Beach Zoning
and Subdivision Ordinance Regarding Mobilehome Park Conversions, most of the previous
discussions centered around fair market value. While the park owners focused only on a so-
called Kelly Blue Book value as a stand along unit, with no amenities whatsoever taken into
consideration, the mobile home owners naturally expect that a true market value would reflect
our location, amenities, as well as all the attachments to the home and land itself.
What follows should further attest to taking all surrounding amenities into consideration when
assessing a true market value. For apparently, the park owners do actually agree with us by
their very own assessment, as evidence by one of the Management Company Websites for
park owners.
www.newportpacific.com > Links > Modular Lifestyles > Homes 4 Sale
"Pacific MHP - Huntington Beach, California. If you ever wanted a bungalow by the ocean,
here is the chance. This park is located just off the Pacific Coast Highway and next to the
world-famous Huntington Beach State Park! Enjoy relaxing walks on the beach and
outstanding sunsets. We are placing new 1 bedroom and 1 bedroom/loft park models on the
few remaining lots and are taking reservations. This opportunity won't last long. Introductory
prices from the low 40's and may change without notice. You deserve this chance to live in one
of the best locations in the world."
Therefore, why would the park owners now be trying to restrict our true market value, which
includes all related amenities, when they are actually taking these same guidelines for
themselves?
I am not aware of any final decisions of the Mobile Home Advisory Board, yet because of the
importance of this subject at hand, it is important for me to state the following once again. An
amendment should to be included in this ordinance, that should the residents actually receive
such a fair market value at time of park closure, that rents are not simply increased by the park
owner as a way to offset their costs a few years before a closure notice is given.
As I suggested in my last public correspondence, requiring park owners to include those
residents who were either displaced or have moved out of the park 18 months to two years
earlier, the same as current residents. This would help prevent the inevitable rent gouging by
some park owners prior to this notice. Simply record keeping should find the whereabouts of
these people.
Please refer to my last correspondence for more details.
Thank you for your time and consideration.
Sincerely,
JhnSisker
80 Huntington St., #266
Huntington Beach
CA92648
(714) 536-3850
Founding Director of the Manufactured Home (Owners) Network
www.mfghomeowners.net
isisker sprynet.com
NGTICE OfID-1.13LIC HF1kRING
BEFORE THE CITY COUNvri OF THE
CITY OF HUNTINGTON BEACH
NOTICE IS HEREBY GIVEN that on Monday November 18, 2002, 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
PROOF OF PUBLICATION planning and zoning item:
APPEAL OF THE PLANNING COMMISSION'S DECISION TO TABLE
FOR SIXTY-DAYS ZONING TEXT AMENDMENT NO. 01-03
STATE OF CALIFORNIA) . (MOBILEHOME PARK CONVERSIONS):
Applicant: City of Huntington Beach. Appellant: Council member Ralph
SS. Bauer. Request: ZTA: To amend Chapter 234 Mobilehome Park
County of Orange Conversions of the Huntington Beach Zoning and Subdivision Ordinance
g to bring the ordinance into compliance with State law and add fair
market value language for mobilehome purchases. Location: Citywide.
1 am a Citizen of the United States and; Project Planner:Rosemary Medel
resident of the County aforesaid; I d NOTICE IS HEREBY GIVEN that Zoning Text Amendment No. 01-03
is categorically exempt from the provisions of the California
over the age of eighteen years, and no! Environmental Quality Act.
party to or interested in the bel ON FILE: A copy of the proposed request is on file in the City Clerk's
entitled matter. I am a principal clerk Office, 2000 Main Street, Huntington Beach, California 92648, for
the HUNTINGTON BEACH INDEPENDENT inspection by the public. A copy of the staff report will be available
to interested parties at the City Clerk's Office on Friday, November
newspaper of general circulation, print 15, 2002.
and published in the City of Huntingt ALL INTERESTED PERSONS are invited to attend,.said hearing and
Beach, County of Orange State express opinions or submit evidence for or against the application as
California, and that attached Orange,
iE 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
true and complete copy as was print,, at the public hearing described in this notice, or in written
and published in the Huntington Beal correspondence delivered to the City at, or prior to, the public hearing.
and Fountain Valley issues Of sil If there are any further questions please call the Planning Department
news a er to wit the issue(s) of: at (714) 536-5271 and refer to the above items. Direct your written
p p communications to the City Clerk.
Connie Brockway,City Clerk
City of Huntington Beach,2000 Main Street,2nd Floor,Huntington
November 7 , 2002 Beach,California 92648(714)536-5227
Published Huntington Beach Independent November 7, 2002 111-309
I declare, under penalty of perjury, that
the foregoing is true and correct.
Executed on November 7 , 2002
at Costa Mesa, California.
A,el
kz., :'
Signature
Council/Agency Meeting Held: -GZ
Deferred/Continued to: ..a
Approved ❑ Conditionally Approved ❑ Denied City Clerk's Sign re
Council Meeting Date: November 18, 2002 Department ID Number: PL02-45
17 _o CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: RAY SILVER, City Administrator'
PREPARED BY: HOWARD ZELEFSKY, Director of PI nningvv-
_ v
SUBJECT: APPROVE ZONING TEXT AMENDMENT NO. 01-03 (CHAPTER 234
MOBILEHOME PARK CONVERSIONS ORDINANCE) rl®, 351a'
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue:
Transmitted for your consideration is an appeal by Council Member Ralph Bauer of the
Planning Commission's decision to table Zoning Text Amendment No. 01-03 for sixty days.
This application is an amendment by the City of Huntington Beach to revise two sections of
Chapter 234, Mobilehome Park Conversions, of the Huntington Beach Zoning and
Subdivision Ordinance (ZSO) in order to bring the code in compliance with State law
(Attachment No. 1). Also attached is an alternative ordinance including the same changes
plus a revision to the definition of fair market value for a mobilehome unit (Attachment No.
2).
The Planning Commission tabled the project for sixty days to allow the Mobile Home
Advisory Board time to form a subcommittee and review the alternative ordinance, which
revises the definition for fair market value. Staff recommended approval of the project to the
Planning Commission and is recommending that the City Council approve either ordinance
because both bring the ZSO current with State law.
Funding Source: Not applicable.
REQUEST FOR ACTION
MEETING DATE: November 18, 2002 DEPARTMENT ID NUMBER: PL02-45
Recommended Action:
A. PLANNING COMMISSION RECOMMENDATION:
Motio to:
"Table Zo ing Text Amendment No. 01-03 allowing for a sixty day continuance for review of
the Alterna ' e Ordinance by the Mobile Home Advisory Board."
Plannin Com sion Action on October 22 2002:
THE MOTION MA E BY PORTER, SECONDED BY KOKAL, TO TABLE ZONING TEXT
AMENDMENT NO. 1-03 FOR SIXTY DAYS FOR FURTHER STUDY AND ANALYSIS
(ATTACHMENT NO. 1 CARRIED BY THE FOLLOWING VOTE:
AYES: KERINS, H DY, KOKAL, PORTER
NOES: STANTON, S OMAKER, LIVENGOOD
ABSENT: NONE
ABSTAIN: NONE
MOTION PASSED
B. STAFF RECOMMENDATION:
Motion to:
"Approve Zoning Text Amendment No. 01-03 with findings for approval (ATTACHMENT NO.
4) and adopt Ordinance No. c957- , an ordinance amending Chapter 234 Mobilehome
Park Conversions (ATTACHMENT NO. 1) that brings the ordinance into conformance with
S t le ate"
Alternative Action(s):
The City C ncil may make the following alternative motion(s):
1. "Approve oning Text Amendment No. 01-03 with findings of approval 64
(ATTACHM T NO. 5) and approve Ordinance No. _ , an ordinance
amending Cha ter 234 Mobilehome Park Conversions (ATTACHMENT NO. 2) that
includes revision o fair market value for a mobilehome unit." (Appellant's Request)
2. "Continue Zoning Text mendment No. 01-03 and direct staff accordingly."
%..aLc iaw.
mended to add; Direct City Attorney to provide legal analysis of
Mobilehome Fair Market Value and return to Mobile Home Advisory c:19 PM
Board to take to Planning Commission at a later date.
Approved and Adopted B— Staff Recommendation as amended -7 -� J
REQUEST FOR ACTION
MEETING DATE: November 18, 2002 DEPARTMENT ID NUMBER: PL02-45
Analysis:
A. PROJECT PROPOSAL:
Applicant: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648
Location: Citywide
Zoning Text Amendment No. 01-03 represents a request to amend Chapter 234 Mobilehome
Park Conversions Ordinance of the Huntington Beach Zoning and Subdivision Ordinance
(ZSO) as follows: 1) Amend Section 234.04 I., which cites section 798.56 (f)(2) of the
California Civil Code. The State legislature amended certain sections of State law requiring
the renumbering of the referenced section. These amendments require that (f) of 798.56 be
amended to read (g); and (2) Amend Section 234.06.A., which incorporates required State
law procedures addressing the conversion of a mobilehome park, closure of a park, or
cessation of the use as a mobilehome park by reference to the California Government Code.
The city's ordinance, while current with State law, needs to reference an additional
Government code section.
The alternative ordinance provides an amendment to Section 234.04 E. to add a definition of
fair market value, and Section 234.08 B. would be amended to address the appraisal method
for the purchase of a mobilehome unit.
B. PLANNING .COMMISSION MEETING AND RECOMMENDATION:
The Planning Commission held a public hearing on Zoning Text Amendment No. 01-03 on
October 22, 2002. The Planning Commission heard testimony from two speakers. The
speakers raised concerns about fair market value and the method of appraising a
mobilehome unit. The Planning Commission tabled the item for sixty days and directed staff
to review Section 234.08. B and C and meet with the Mobile Home Advisory Board to discuss
the alternative ordinance.
C. APPEAL PURSUANT TO SECTION 248.22:
On October 28, 2002, Council Member Ralph Bauer appealed the Planning Commission's
decision to table Zoning Text Amendment No. 01-03 for a sixty day period. The appeal letter
cites that this is an important ordinance that needs immediate action and the Planning
Commission's delay is unreasonable.
D. STAFF ANALYSIS AND RECOMMENDATION:
Zoning Text Amendment No. 01-03 brings Chapter 234 of the ZSO current with State law.
The amendment proposes two revisions to the Ordinance needed for technical and legal
accuracy. The alternative ordinance introduces the concept of fair market value for
applications requiring relocation assistance.
PL02-45 -3- 11/8/2002 11:25 AM
REQUEST FOR ACTION
MEETING DATE: November 18, 2002 DEPARTMENT ID NUMBER: PL02-45
The Planning Commission staff report from October 22, 2002 (ATTACHMENT NO. 6)
provides a detail of the history and suggested considerations for amending Section 234.08.
There were two issues raised through the Planning Commission public hearing process: fair
market value of a unit and the method of appraisal. The following analysis focuses on these
two issues.
State law
Section 65863.7, which is one of the mandated State procedures included in this zoning text
amendment, requires that prior to the conversion of a mobilehome park to another use or
prior to closure of a mobilehome park or cessation of use of the land as a mobilehome park,
the person or entity proposing the change in use shall file a report on the impact of the
conversion, closure, or cessation of use upon the displaced residents of the mobilehome
park. The report shall address the availability of adequate replacement housing in
mobilehome parks and relocation costs.
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 the right to, a hearing before the
legislative body on the sufficiency of the report.
The legislative body, or its delegated advisory agency, shall review 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 the 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.
Current City Ordinance
The City's present code states that when a mobilehome cannot be relocated to another
mobilehome park, the applicant is required to purchase the mobilehome unit and any optional
equipment and/or tag-a-longs and expando rooms from the mobilehome owner at an amount
to be determined after reestablishing the mobilehome owner's original purchase price, and
the date of original purchase. Once the original sales price is ascertained, the amount of
compensation to be paid by an applicant to a mobilehome owner is determined at a
depreciated rate of 4.7 percent per year, beginning with the date the mobilehome owner
originally purchased the mobilehome and/or optional equipment and continuing until the date
of issuance by the applicant of the notice of intent to change use.
The ZSO is consistent with industry practice for establishing the cost of a mobilehome
through the National Automobile Dealers Association, which is similar to the Kelly Blue book.
Determining the cost of a unit under this method does not take into account location or
amenities of a park as a feature for determining value. The mobilehome unit is considered a
depreciating asset just as if it were an automobile.
PL02-45 -4- 11/8/2002 11:25 AM
REQUEST FOR ACTION
MEETING DATE: November 18, 2002 DEPARTMENT ID NUMBER: PL02-45
Other City Ordinances
Staff reviewed existing mobilehome ordinances from six cities throughout California. Most
cities refer to State law Section 65863.7 for the processing of mobilehome conversions,
closures and cessations and are silent on how relocated mobilehomes are valued. However,
the City of Monrovia uses depreciation value similar to the City of Huntington Beach;
whereas, the City of San Juan Capistrano has incorporated fair market value language in its
relocation impact report requirements as follows:
(L) An estimate of the fair market value of each mobilehome and all associated fixed
property that cannot be relocated to a comparable mobilehome park. In determining
fair market value, the consultant shall consider the mobilehomes in their current
locations assuming the continuation shall consider the mobilehome park in a safe,
sanitary, and well-maintained condition with competitive lease rates. The consultant
shall specify the basis for a conclusion that any mobilehome cannot be relocated to a
mobilehome park and the basis for determining the value of the mobilehome.
Proposed Alternative Ordinance
The alternative ordinance (ATTACHMENT NO. 2) incorporates the concept of fair market
value when it pertains to the purchase of a mobilehome that will not be relocated to another
park and deletes the depreciation method. The amendment to Section 234.08 will allow up
to a maximum of three appraisals to ultimately determine the fair market value of a
mobilehome unit for purchase by an applicant.
In incorporating the fair market value concept and associated appraisal method, staff
recommends the City rely on the State Department of Transportation (CALTRANS)
definition. Chapter 7.12 Mobile Homes, CALTRANS, is the only State code that
differentiates mobilehomes for the purpose of appraisal. CALTRANS states that appraisals
of mobilehome units are treated differently because of their unique nature. Under their code
the first determination to be made is whether it is realty or personal property. Section
7.12.02.00 and 7.12.03.00 define the tests that should be considered in the determination of
either category. Section 7.12.04.00 Mobile Homes-Special Procedures states mobile homes
shall be appraised in the same manner as other property (i.e., fair market value in place)
when applicable (ATTACHMENT NO. 8).
The appraisal will be part of the information included in the impact report to City Council for
consideration. A mobilehome unit owner would have an opportunity to challenge the
sufficiency of the report during the public hearing process of the adoption of the relocation
impact report. Staff believes that the inclusion of the fair market value concept could benefit
both parties by first using the site appraisal method to determine value as defined in the
criteria of Chapter 7.12 Mobile Homes, CALTRANS. Secondly, the required impact report
will demonstrate that the mobilehome owner will receive reasonable compensation
(ATTACHMENT NO. 9).
PL02-45 -5- 11/15/2002 8:48 AM
REQUEST FOR ACTION
MEETING DATE: November 18, 2002 DEPARTMENT ID NUMBER: PL02-45
Mobilehome park owners have argued that because mobilehome units are on leased land or
rented spaces, mobilehomes or modular units do not enjoy the same appreciation as site-
built real estate. However, when a unit is sold on the open market without constraints
imposed on the sales price, the location and the amenities of the park are both major factors
in the sale of the unit. Section 7.12.04.00 Mobile Homes, CALTRANS, cites .that a
mobilehome should receive a fair market value appraisal under certain criteria.
Staff believes that the appraisal language of Chapter 7.12 Mobile Homes, CALTRANS
provides the most equitable method of determining fair market value. Incorporating the
language of Chapter 7.12 in the alternative ordinance as well as compliance with State law
mandates would ensure that mobilehome unit owners would sustain minimal or no adverse
impact resulting from the conversion, closure or cessation of a mobilehome park.
Mobile Home Advisory Board
On November 4, 2002, the Mobile Home Advisory Board held a special meeting to discuss
both ordinances. They have made a recommendation to City Council to adopt Zoning Text
Amendment No. 01-03 with changes required to comply with State law only (ATTACHMENT
NO. 1) and to allow for further review of the alternative ordinance. The recommendation
further states that the Board will submit their comments and suggestions regarding the
alternative ordinance to the City Attorney's office in March 2003 for review (ATTACHMENT
NO. 11).
E. SUMMARY
Two ordinances are provided for City Council to consider for adoption. The adoption of the
first ordinance (ATTACHMENT NO. 1) will bring the City's code current with State law. The
changes are minor and provide legal accuracy.
The alternative ordinance (ATTACHMENT NO. 2) incorporates the required updates but
includes fair market value through the establishment of appraisal criteria. By incorporating
the language of Chapter 7.12 Mobile Homes, CALTRANS, reasonable and equitable
appraisal methods of determining unit value are achieved.
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.
PL02-45 -6- 11/8/2002 11:25 AM
REQUEST FOR ACTION
MEETING DATE: November 18, 2002 DEPARTMENT ID NUMBER: PL02-45
Attachment(s):
City Clerk's
Page NumberNo. Description
1 Ordinance No.35q3�' including legislative draft (Required changes only)
4—o �Pi r u M &,reo .
2. Ordinance No. ,— including legist'ative draft (Fair market value concept)
3. Appeal Letter from Council Member Ralph Bauer
4. Findings of Approval
5. Findings of Approval (Appeal-Fair Market Value)
6. Planning Commission Staff Report dated October 22, 2002
7. Planning Commission Minutes dated October 22, 2002
8. Chapter 7.12 Mobile Homes, CALTRANS
9. California Government Code 65863.7
10. California Government Code 798.56
11. Mobile Home Advisory Board Recommendation
RCA Author: RM/MBB
PL02-45 -7- 11/8/2002 11:25 AM
ORDINANCE NO. 3595
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 234 OF THE HUNTINGTON BEACH ZONING AND
SUBDIVISION ORDINANCE REGARDING MOBILEHOME PARK CONVERSIONS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 234.04 of the Huntington Beach Zoning and Subdivision
Ordinance 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. 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 mobile home 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/02zoning/chap234/10/9/02 I
OM, . 3SgS
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).
J. Original purchase price. The price which the mobilehome owner, occupying the
mobilehome space, originally paid for the mobilehome and any attached optional
equipment and/or tag-a-longs and expando rooms. In determining the price, the
regulations for establishing the cost basis, as found in the United States Code Title 26,
Internal Revenue Code, shall be used. Such purchase price shall be verified by the
mobilehome owner through existence of sales receipts indicating date of purchase,
monetary amount of purchase, identification or model numbers of all items purchased
and the party from whom the items were purchased. "Original purchase price" shall not
include cost of financing.
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 234.06 of the Huntington Beach Zoning and Subdivision is hereby
amended to read as follows:
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.
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.
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.
ord/02zoninJchap234 10/9/02 2
k • d. ")Io. .3595
SECTION 3 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 2nd day of December , 2002.
Mayor
ATTEST:
APPROVED AS TO FOIZIM:
City Clerk
,bty Attorney
REVIEWED AND APPROVED:
-a (b�lt�o2
INITIATED AND APPROVED:
City Ad inistrator
Director of Planning
ord/02zoning/chap234/10/9/02 3
Ord. No. 3595
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY,the duly elected, 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 181h day of November, 2002, and was again read
to said City Council at an regular meeting thereof held on the 2nd day of December,
2002, and was passed and adopted by the affirmative vote of at least a majority of all the
members of said City Council.
AYES: Sullivan, Coerper, Green, Broadman, Cook, Houchen, Hardy
NOES: None
ABSENT: None
ABSTAIN: None
I,Connie Brockway,CITY CLERK of the City of
Huntington Beach and ex-ofTicio 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
,2002.
In accordance with the City Charter of said City
Connie Brockway, City Clerk City Clerk and ex-officio elerk
Deputy Citv Clerk of the City Council of the City
of Huntington Beach, California
ORDINANCE NO.
LEGISLATIVE DRAFT
Chapter 234 Mobilehome Park Conversions
Sections:
234.02 Applicability
234.04 Definitions
234.06 Removal of MHP Overlay or RMP Zone or Change of Use
234.08 Relocation Assistance Plan
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 any
portion thereof to a condominium, stock cooperative, planned unit development,
commercial use, industrial use, or vacant land.
legisdrft/zoning code/234LD/10/9/02 1
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 mobile home 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
sSection 798.56(4)(g)(2).
J. Original purchase price. The price which the mobilehome owner, occupying the
mobilehome space, originally paid for the mobilehome and any attached optional
equipment and/or tag-a-longs and expando rooms. In determining the price,the
regulations for establishing the cost basis, as found in the United States Code Title 26,
Internal Revenue Code, shall be used. Such purchase price shall be verified by the
mobilehome owner through existence of sales receipts indicating date of purchase,
monetary amount of purchase, identification or model numbers of all items purchased
and the party from whom the items were purchased. "Original purchase price" shall not
include cost of financing.
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.
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 sSection 66427.4., or 65863.7, whichever is applicable, have been
completed.
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)
IegisdrRizoning code/234LD/10/9/02 2
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.
E. 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.
F. 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.
G. The zone change shall not become effective unless a Local Coastal Program amendment is
effectively certified by the Coastal Commission. (3334)
234.08 Relocation Assistance Plan
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 breakdown 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 fifty(50) miles of the city. If the
mobilehome owner desires relocation beyond 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.
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 amount to be determined after reestablishing the mobilehome
owner's original purchase price, and the date of original purchase.
Where proof of purchase is not available or verifiable, and the manufacturer's original
list price cannot be ascertained, the value of the mobilehome shall be determined by
averaging the sales price of the three (3) most comparable units of similar age, size, and
quality found in the applicant's mobilehome park at the time the mobilehome owner
purchased the site.
When the original price is ascertained, the amount of compensation to be paid by an
applicant to a mobilehome owner shall be determined by using the following method:
Mobilehomes shall be depreciated at a rate of 4.7 percent per year, beginning with the
date the mobilehome owner originally purchased the mobilehome and/or optional
equipment and continuing until the date of issuance by the applicant of the notice of
intent to change use.
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.
legisdrWzoning code/234LD/10/9/02 3
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. Compensation. The mobilehome owner's compensation for any mobilehome that
cannot be relocated to any other park shall be no less than four thousand five hundred
dollars ($4,500)plus moving expenses up to five hundred dollars ($500), an aggregate
not to exceed five thousand dollars ($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. Alternative Housins?. 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.
E. Modification of Relocation Plan. Any applicant and mobilehome owner may mutually
agree to modify the standards and methods contained in this section, and in no case
shall an applicant be required to relocate or purchase a mobilehome prior to the date of
the notice of intent to change use.
F. 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.
To determine whether compensation accurately reflects the original cost of the
mobilehome, the applicant and/or professional arbitrator shall rely on records furnished
by the mobilehome owner,or if such records are not available,the mobilehome shall be
subjected to the comparison test set out elsewhere in this section. All optional
equipment and appurtenances shall be valued in the same manner.
G. 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.
H. 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/zoning code/234LD/10/9/02 4
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.
234.10 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/zoning code/234LD/10/9/02 5
ATTACHMENT 2
ORDINANCE NO. To & Nq m,&are,;(
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 234 OF THE HUNTINGTON BEACH ZONING AND
ORDINANCE CODE RELATING TO MOBILEHOME PARK CONVERSIONS
The City Council of the City of Huntington Beach does hereby ordain as follow
�J
SECTION 1. Section 234.04 of the Huntington Beach Zoning and Ordin ee Code is
hereby amended to read as follows:
234.04 Definitions
Words and phrases whenever used in this chapter shall be construe as defined herein unless
from the context a different meaning is intended and more partic , irly directed to the use of such
words and phrases. r'
er;
A. Affordable unit. A unit that is sold to and occ ied by a low or moderate income
household. Affordable unit shall also mean ental unit for which the monthly
payment does not exceed 25 percent of the ousehold's gross income for low
income households or 30 percent of the ho sehold's gross income for moderate
income households.
B. Applicant. The person, firm, corpora n,partnership, or other entity having
leasehold interest or fee ownership i` the operation of a mobilehome park.
C. Change of use. Use of the park r a purpose other than the rental or the holding
out for rent of two or more mot Iehome sites to accommodate mobilehomes used
for human habitation, and sh ' not mean the adoption, amendment, or repeal of a
park rule or regulation. "Ch `ge of use" may affect an entire park or any portion
thereof, and such "change use" shall include,but is not limited to, a change of a
park or any portion thereo to a condominium, stock cooperative, planned unit
development, commerci use, industrial use, or vacant land.
D. Eligible owner. Any obilehome owner owning a mobilehome in a park at the
time of issuance of notice of intent to change use, but shall not include any
mobilehome owne ho is renting his unit to another party at such time.
E. Fair Market V e. The dollar determination for a comparable mobilehome unit as
defined in C pter 7.12 Mobile Homes from the California Department of
Transport n (CALTRANS).
F. Mark ate unit. A residential unit that is sold on the open market without
con aints imposed on the sales price, rental rate, or buyer qualifications.
G. obilehome. 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.
02ord/02zoning/chap 234/11/13/02 1
H. Mobilehome Park. An area of land where two or more mobile home 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 C' ' Code
Section 798.56(g)(2).
K. Original purchase price. The price which the mobilehome o er, occupying the
mobilehome space, originally paid for the mobilehome an - y attached optional
equipment and/or tag-a-longs and expando rooms. In d 'rmining the price,the
regulations for establishing the cost basis, as found i e United States Code Title
26, Internal Revenue Code, shall be used. Such p 'hase price shall be verified by
the mobilehome owner through existence of sal receipts indicating date of
purchase, monetary amount of purchase, ide ication or model numbers of all
items purchased and the party from who -e items were purchased. "Original
purchase price" shall not include cost o iriancing.
L. Senior citizen unit. A residential un' which meets the standards for an affordable
unit which is situated in a project t t is designed to accommodate senior citizens
through special financing progr and/or modified development standards.
SECTION 2. Section 234.06 of the H ngton Beach Zoning and Ordinance Code is
hereby amended to read as follows:
234.06 Removal of MHP 4J erlay or RMP Zone or Change of Use
The City Council shall not approve a one change for any parcel when such change would have
the effect of removing the MHP or; P designation from that property, or approve a change of
use unless the following findings ve been made:
A. That all applicable require nts as set forth in California Government Code section 66427.4,
or 65863.7, whichever is plicable, have been completed.
B. That the proposed zoni is consistent with the General Plan of the City of Huntington Beach
and all elements there ; and for projects located within the coastal zone that the proposed
zoning is consistent th the Land Use Plan portion of the Local Coastal Program.
C. That the proposed ange of land use will not have an adverse effect upon the goals and
policies for provi on of adequate housing for all economic segments of the community,as
set forth in the using Element of the Huntington Beach General Plan.
D. That the prope y which is the subject of the zone change would be more appropriately
developed in ccordance with uses permitted by the underlying zoning, or proposed zoning.
E. That a notic of intent to change the use of a mobilehome park and relocate mobilehome
owners wa 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.
02ord/02zoning/chap 234/11/13/02 2
F. For projects located within the coastal zone that the zone change shall not become effective
unless a Local Coastal Program amendment is effectively certified by the Coastal
Commission.
SECTION 3. Section 234.08 of the Huntington Beach Zoning and Ordinance Code is
hereby amended to read as follows:
234.08 Relocation Assistance Plan
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 breakdown of
the mobilehome, transportation of the mobilehome, all readily movable
appurtenances and contents to another mobilehome park and the cost of all h ps
at the new site. All such expenses shall be identified and paid by the appWant at
the time of the move. The park to which the unit is relocated shall b thin fifty
(50)miles of the city. If the mobilehome owner desires relocatio eyond fifty
(50)miles, the mobilehome owner shall be responsible for th dditional costs
associated with relocation beyond the fifty(50) mile limi tablished by this
chapter.
B. Mobilehome Purchase. If the mobilehome owner of be relocated to another
park in accordance with the procedures herein e applicant shall purchase the
mobilehome and any optional equipment or tag-a-longs and expando rooms
from the mobilehome owner at fair mark value. The initial fair market value shall
be determined by a licensed appraiser red by the park owner. Should the resident
disagree with the fair market value en,the resident may hire a second licensed
appraiser. If both parties disagre n the results of both appraisals, a third appraiser
may be hired by both the park er and the resident. The determined fair market
value of the third appraisal s be the final appraisal. The method of appraisal
shall comply with the prov' ons set under Fair Market Value definition.
F
The applicant may gr 'one (1) six-month extension to the length of time given to
the mobilehome own s in the notice of intent to change use by notifying the
mobilehome owner f such extension at least four(4) months prior to the date
specified in such n ice. The extension shall be granted for no more and no less
than six (6)mont s.
An applicant y, with the consent of the mobilehome owner, transfer a
mobilehome it to another space in the park. Such transfer shall not constitute
permanent r ocation, and the cost of all such moves shall be borne by the
applicant.
C. Compensation. The mobilehome owner's compensation for any mobilehome that
cannot be relocated to any other park shall be no less than four thousand five
hundred dollars ($4,500)plus moving expenses up to five hundred dollars ($500),
an aggregate not to exceed five thousand dollars ($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.
02ord/02zoning/chap 234/11/13/02 3
D. 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.
E. Modification of Relocation Plan. Any applicant and mobi ome owner may
mutually agree to modify the standards and methods co ined in this section, and
in no case shall an applicant be required to relocate o urchase a mobilehome prior
to the date of the notice of intent to change use.
F. Compensation Appeals. Appeals from the a t of compensation to be given a
mobilehome owner shall be filed with the licant within thirty(30) days after the
mobilehome owner has notice of the am t he/she is to receive.
The applicant shall acknowledge (appeal within thirty (30) days, and if an
agreement cannot be reached, the atter shall be referred to a professional
arbitrator.
To determine whether com "sation accurately reflects the original cost of the
mobilehome, the applica and/or professional arbitrator shall rely on records
furnished by the mobile me owner, or if such records are not available,the
mobilehome shall be s ,jected to the comparison test set out elsewhere in this
section. All optional quipment and appurtenances shall be valued in the same
manner.
G. Purchase Rights. he mobilehome owners shall receive written guarantee of first-
right-of-refusal o purchase units if the development which replaces the
mobilehome k is to be residential in whole or in part.
H. Miscellane s. That the applicant has complied with all applicable city ordinances
and state gulations in effect at the time the relocation assistance plan was
approve . That the applicant has complied with the conditions of approval,
includi g the following items:
1. obilehome 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.
02ord/02zoning/chap 234/11/13/02 4
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 52002.
Mayor
ATTEST:
APPROVED AS TO FO
City Clerk
'01city Attorney p
REVIEWED AND APPROVED: t �.` �J 1 14�oti
INITIA D 'APPROVED:
City Ad istrator
Dir for of Planning
02ord/02zoning/chap 234/11/13/02 5
LEGISLATIVE DRAFT
FChapter 234 1VMobilehome Park Conversions
Sections:
234.02 Applicability
234.04 Definitions
234.06 Removal of MHP Overlay or RMP Zone or Change of Use
234.08 Relocation Assistance Plan
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 any portion
thereof to a condominium, stock cooperative, planned unit development, commercial
use, industrial use, or vacant land.
leg isd rfUzon i ng/2341d-3d/11/13/02 1
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. Fair Market Value. The dollar determination for a comparable
mobilehome unit as defined in Chapter 7.12 Mobile Homes from the
California Department of Transportation (CALTRANS).
E—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.
Ii 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.
&H Mobilehome Park. An area of land where two or more mobile home 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. 1 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.
h J Notice of intent to change use. Notification as required by California Civil Code s
Section 798.56(4)(g)(2).
J.K Original purchase price. The price which the mobilehome owner, occupying the
mobilehome space, originally paid for the mobilehome and any attached optional
equipment and/or tag-a-longs and expando rooms. In determining the price, the
regulations for establishing the cost basis, as found in the United States Code Title 26,
Internal Revenue Code, shall be used. Such purchase price shall be verified by the
mobilehome owner through existence of sales receipts indicating date of purchase,
monetary amount of purchase,identification or model numbers of all items purchased
and the party from whom the items were purchased. "Original purchase price" shall not
include cost of financing.
I�L 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:
A. That all applicable requirements as set forth in These findifigs �y California
Government Code section 66427.4, or 65863.7, whichever is app k b e, have been
completed.
Iegisdr t/zoning/2341d-3d/11/13/02 2
4W i
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)
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. For projects located within the coastal zone that Tthe zone change shall not become
effective unless a Local Coastal Program amendment is effectively certified by the Coastal
Commission. (3334)
234.08 Relocation Assistance Plan
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 breakdown 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 fifty (50) miles of the city. If the
mobilehome owner desires relocation beyond 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.
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 amount to be determined after- s r-eesstapb :vsqlhiirR .the obi hone_
fair market
value. The initial fair market value shall be etermined by a licensed
appraiser hired by the park owner. Should the resident disagree with
the fair market value given, the resident may hire a second licensed
appraiser. If both parties disagree on the results of both appraisals, a
third appraiser may be hired by both the park owner and the resident.
The determined fair market value of the third appraisal shall be the
final appraisal. The method of appraisal shall comply with the
provisions set under Fair Market Value definition.
Wher-e proof of pufohase is not available or-verifiable, and the manufaetur-er-'s original
list p o eannot be ., ee ftaine,7 the value . f the „,eb lob.eme shall be ,7eto..,,-ine b-
a r-iee of e thf most te tinits of similar-age, size,and
pufehased the site.
leg isd rIVzoning/234ld-3d/1 1/13102 3
When the er-iginal pr-iee is aseeftained,the amettn4 of eempensation to be paid by aft
applieafit to a mobilehome eymer- shall be detefmined by using the following ffieth
Mebilehemes shall be depr-eeiated at a fate of 4.7 pefeent per-yeaf, begiffflifig with the
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. Compensation. The mobilehome owner's compensation for any mobilehome that
cannot be relocated to any other park shall be no less than four thousand five hundred
dollars ($4,500) plus moving expenses up to five hundred dollars ($500), an aggregate
not to exceed five thousand dollars ($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. Alternative Housin;?. 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.
E. Modification of Relocation Plan. Any applicant and mobilehome owner may mutually
agree to modify the standards and methods contained in this section, and in no case
shall an applicant be required to relocate or purchase a mobilehome prior to the date of
the notice of intent to change use.
F. 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.
Iegisdrf/zoning/2341d-3d/11/13/02 4
To determine whether compensation accurately reflects the original cost of the
mobilehome, the applicant and/or professional arbitrator shall rely on records furnished
by the mobilehome owner, or if such records are not available, the mobilehome shall be
subjected to the comparison test set out elsewhere in this section. All optional
equipment and appurtenances shall be valued in the same manner.
G. 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.
H. 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.
234.10 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.
Iegisdrft/zon ing/2341d-3d/11/13/02 5
ATTACHMENT 3
CITY OF HUNTINGTON BEACH
CITY COUNCIL COMMUNICATION
TO: Connie Brockway, City Clerk ,,11//��
FROM: Ralph Bauer, City Council MemberL0/
SUBJECT: APPEAL OF ZONING TEXT AMENDMENT NO. 01-03 (MOBILE HOME
PARK CONVERSIONS)
DATE: October 25, 2002
STATEMENT OF ISSUE:
I hereby request an appeal of the subject entitlement that was tabled for sixty (60) days by the
Planning Commission on October 22, 2002. This is an important ordinance that needs
immediate action and the Planning Commission's delay is unreasonable.
The current wording in the subject issue requires that if a mobile home park is closed for
purposes of an alternative use, the individual mobile home owner shall be paid the depreciated
value of their coach
RECOMMENDED ACTION:
I move that the wording in the subject issue be changed to reflect a reimbursement to the
mobile home owner of fair market value. Fair market value to be determined by appropriate use
of qualified appraisers representing the coach owner on one hand and the park owner on the
other. Resolution of differences to be settled by a disinterested third party agreed to by the
mobile home owner and the mobile park owner.
RHB:cf
xc: Mayor and City Council
Ray Silver, City Administrator
Howard Zelefsky, Director of Planning
Scott Hess, Planning Manager
Mary Beth Broeren, Principal Planner
ATTACHMENT 4
SUGGESTED FINDINGS OF APPROVAL
SUGGESTED FINDINGS OF APPROVAL FOR ZONING TEXT AMENDMENT NO. 01-03:
1. Zoning Text Amendment No. 01-03 to amend two sections of Chapter 234 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 change proposed to ensure that proposed conversions are
consistent with State law.
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.
ATTACHMENT 5
SUGGESTED FINDINGS OF APPROVAL
SUGGESTED FINDINGS OF APPROVAL FOR ZONING TEXT AMENDMENT NO. 01-03:
1. Zoning Text Amendment No. 01-03 to amend two sections of Chapter 234 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 change proposed to ensure that proposed conversions are
consistent with State law. In addition, the method of determining the value of a mobilehome unit
under the appraisal criteria of the language of Chapter 7, CALTRANS will ensure that an equitable
and reasonable appraisal is conducted on a mobilehome unit for purchase by an applicant.
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.
ATTACHMENT 6
Li'mo City of Huntington Beach PIanning Department
STAFF REPORT
HUNTINGTON BEACH
TO: Planning Commission
FROM: Howard Zelefsky, Director of Planning
BY: Rosemary Medel, Associate Planner
DATE: October 22, 2002
SUBJECT: ZONING TEXT AMENDMENT NO. 01-03 (MOBILEHOME PARK
CONVERSIONS)
APPLICANT: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648
LOCATION: Citywide
STATEMENT OF ISSUE:
• Zoning Text Amendment No. 01-03 request:
- Amend Section 234.04, I., which cites California Civil Code Section 798.56 (f)(2), to read section
798.56(g)(2).
- Amend Section 234.06 A. to reference the required State law procedures addressing the
conversion, closure or cessation of a mobilehome park.
• Staff s Recommendation: Approve Zoning Text Amendment No. 01-03 based upon the following:
- This is a minor amendment, which updates Chapter 234 Mobilehome Park Conversions Ordinance
to be current with State law.
- This action is consistent with the Land Use Element of the General Plan. It furthers the goals,
objectives and policies of the General Plan.
RECOMMENDATION:
Motion to:
"Approve Zoning Text Amendment No. 01-03 with findings for approval (Attachment No. 1) and forward
the Draft Ordinance(Attachment No. 2) to the City Council for adoption."
ALTERNATIVE ACTION(S):
The Planning Commission may take alternative actions such as:
A. "Continue Zoning Text Amendment No. 01-03 and direct staff accordingly."
B "Deny Zoning Text Amendment No. 01-03 with the findings for denial."
PROJECT PROPOSAL:
Zoning Text Amendment No. 01-03 represents a request to amend Chapter 234 Mobilehome Park
Conversions Ordinance of the Huntington Beach Zoning and Subdivision Ordinance (ZSO) as follows: 1)
Amend Section 234.04 I., which cites section 798.56 (f)(2) of the California Civil Code. The State
legislature amended certain sections of State law requiring the renumbering of the referenced section.
These amendments require that(f) of 798.56 be amended to read(g). 2) Amend Section 234.06.A., which
incorporates required State law procedures addressing the conversion of a mobilehome park, closure of a
park, or cessation of the use as a mobilehome park by reference to the California Government Code. The
city's ordinance, while current with State law, needs to reference an additional Government code section.
See Attachment No. 3.2 for the two proposed amendments.
Background:
The City Attorney's Office initiated this amendment to incorporate State law changes into Chapter 234.
An inquiry from the Mobile Home Advisory Board generated the review of the existing ordinance. The
Board requested a legal opinion on whether the City's Mobilehome Park Conversions Ordinance is in
compliance with State law. Upon review, the attorney's office determined that the ordinance is not in
compliance with State law with respect to the subject sections.
On August 26, 2002, the Mobilehome Advisory Board received a copy of a legislative draft reflecting the
amendments. To date no written or oral comments have been received.
ISSUES:
General Plan Conformance:
A. Land Use Element
Goal LU 7: Achieve a diversity of land uses that sustain the City's economic viability,while
maintaining the City's environmental resources and scale and character.
The amendment ensures that all applicable State requirements regulating mobilehomes are reviewed
prior to the conversion, closure or cessation of a mobilehome park.
B. Housing Element
Policy HE 4.1.3: Review all regulations, ordinances, departmental processing procedures, and
residential fees related to rehabilitation and/or construction to assess their impact on housing costs, and
revise as appropriate.
The proposed amendment brings the city's Mobilehome Ordinance into compliance with State law.
PC Staff Report— 10/22/02 -2- (02SR44b)
Zoning Compliance:
The zoning text amendment makes this chapter of the Huntington Beach Zoning and Subdivision
Ordinance current with State law.
Urban Design Guidelines Conformance: Not Applicable
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.
Coastal Status:
This project would be considered a minor amendment to the City's Local Coastal Program and will be
forwarded to the California Coastal Commission with other minor amendments.
Redevelopment Status: Not applicable.
Design Review Board: Not applicable.
Subdivision Committee: Not applicable.
Other Departments Concerns and Requirements: No concerns have been received from other
departments.
Public Notification:
Legal notice was published in the Huntington Beach/Fountain Valley Independent on October 10, 2002,
and notices were mailed out to individuals/organizations requesting notification (Planning Department's
Notification Matrix) and interested parties, including members of the Mobilehome Advisory Board. As of
October 15,2001, no communication supporting or opposing the request has been received in response to
the hearing notice.
ANALYSIS:
The proposed amendments are considered minor changes to the ZSO but are needed for technical and
legal accuracy. The changes require that different sections of the California Government Code be
referenced to reflect current State law. The first change results from the State code being renumbered, as
stated in the project proposal section of the report. Section 234.04 I. will now reference State law
798.56(g)(2). The second change is under Section 234.06 to reference an additional section of the
California Government Code. While the City's ordinance is current with State law within this section of
PC Staff Report—10/22/02 -3- (02SR44b)
the ZSO, the code currently only references conversions that would occur pursuant to the filing of a parcel
map for a subdivision. The amendment adds by reference California Civil Code Section 65863.7, which
mandates specific procedures when a property is being considered for conversion, closure or cessation of a
mobilehome park. If a project is considered for approval under this section of the ZSO, findings must be
made that all applicable requirements have been completed.
In addition to the two proposed amendments, staff had also considered a change to include a definition of
fair market value and incorporate this concept into the ordinance as it pertains to relocation assistance for
mobilehome purchases. This change was originally suggested in 1994 by the City's consultant for the
comprehensive zoning code rewrite. As part of the rewrite, Chapter 234 was amended with changes to the
headings of certain sections and minor modifications to the following sections: Original Purchase Price,
Relocations Costs, Mobilehome Purchase and Compensation. The fair market value proposal was
considered at that time but ultimately not included in the amendment.
In preparing documentation for the subject zoning text amendment, staff prepared a legislative draft which
included the fair market value concept as well as a minor clean up item related to projects within the
coastal zone, in addition to the two changes required by State law. In August of this year, the Mobilehome
Advisory Board reviewed that legislative draft. At the meeting the Board did not come to a consensus
regarding the language, and to date, staff has not received written or oral comments from the Advisory
Board. Therefore, staff did not include this language in the final draft ordinance. Staff is including the
alternative legislative draft for the Planning Commission's information so that the Planning Commission is
aware of what was presented to the Advisory Board and in the event that the Planning Commission would
like to make a recommendation to the City Council in this regard.
Staff recommends that the Planning Commission approve Zoning Text Amendment No. 01-03 for the
following reasons:
• This is a minor amendment, which updates Chapter 234 Mobilehome Park Conversion Ordinance
to be current with State law.
• This action is consistent with the Land Use Element of the General Plan. It furthers the goals,
objectives and policies of the General Plan.
ATTACHMENTS:
1. Suggested Findings of Approval for ZTA No. 01-03
2. Draft Ordinance
3. Legislative Draft
4. Alternative Legislative Draft
5. City Attorney's Memo Dated February 14, 2001
SH:MBB:RM:rl
PC Staff Report—10/22/02 -4- (02SR44b)
CITY OF HUNTINGTON BEACH
Inter-Department Communication
TO: DAVID BIGGS, Director of Economic Development
FROM: GAIL HUTTON, City Attorney
DATE: February 14, 2001
SUBJECT: RLS#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 with
state law.
ISSUE: Is the current Mobilehome Park Conversions Ordinance in compliance with state law?
ANSWER: No, the current ordinance should be revised 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
798.56(f)(2); however, the State legislature amended State law thereby renumbering the referenced section.
Therefore, Section 234.04 (I) 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 City'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.
GAIL HUTTON
City Attorney
/s
c: Howard Zelefsky, Planning Director
Attachments Proposed Revisions to Huntington Beach Mobilehome Park Conversions Ordinance
California Government Code § 65863.7
California Government Code § 66427.4 _
jmp/memos/00-944-Mobilehome Park lta.
�
ATTACHMENT 7
DRAFT
o MINUTES
1[� HUNTINGTON BEACH PLANNING COMMISSION
• TUESDAY, OCTOBER 22, 2002
[Q°X) HUNTINGTON BEACH CIVIC CENTER
2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648
REGULAR MEETING
City Council Chambers
7:00 p.m.
PLEDGE OF ALLEGIANCE - Led by Commissioner Porter
P P P P P P P
ROLL CALL: Stanton, Kerins, Hardy, Shomaker, Livengood, Kokal, Porter
AGENDA APPROVAL
A. ORAL COMMUNICATIONS— None.
B. PUBLIC HEARING ITEMS - PROCEDURE: Commission Disclosure Statement(s), Staff
Report Presentation, Commission Questions, Public Hearing, Discussion/Action.
B-1. ZONING TEXT AMENDMENT NO. 01-03 (MOBILEHOME PARK
CONVERSIONS): Applicant: City of Huntington Beach Request: To amend
sections 234.04 1 and 234.06 A of Chapter 234 Mobilehome Park Conversions of
the Huntington Beach Zoning and Subdivision Ordinance to bring the ordinance
into compliance with State law. Location: Citywide. Project Planner: Rosemary
Medel
Zoning Text Amendment No. 01-03 request:
- Amend Section 234.04, 1., which cites California Civil Code Section
798.56 (f)(2), to read section 798.56(g)(2).
- Amend Section 234.06 A. to reference the required State law procedures
addressing the conversion, closure or cessation of a mobile home park.
Staff Recommendation: Approve Zoning Text Amendment No. 01-03 based
upon the following:
This is a minor amendment, which updates Chapter 234 Mobile Home
Park Conversions Ordinance to be current with State law.
- This action is consistent with the Land Use Element of the General Plan.
It furthers the goals, objectives and policies of the General Plan.
Staff made a presentation to the Commission.
Minutes October
DRAFT
October 22,2002
Page 2
Questions/comments included:
■ Lack of input from the Huntington Beach Mobile Home Advisory Board
(vote failure for subcommittee establishment/recommendation)
■ Fair market value for mobile homes
■ Suggested revisions to language in the legislative draft for Chapter 234 of
the Huntington Beach Zoning and Subdivision Ordinance
THE PUBLIC HEARING WAS OPENED:
Steve Gullage, Newland Avenue, Huntington Beach, spoke in opposition to the
item, stating that mobile home park conversions are the equivalent of a park
owner's version of eminent domain. He suggested that mobile home owners
should be entitled to the full market value of their structure. He discussed
comparative market value and voiced concerns about compensation for
relocation, including structural damages that result from such.
Vickie Talley, Manufactured Housing Education Trust, spoke to the Commission
about the suggested language modifications being technical in nature, and that
the ordinance should not be taken lightly. She suggested that the fair market
value figures need further study, explaining that the figures apply to structures
only and do not include the land they rest on. She pointed out that buyers buy for
location, and that mobile home owners are not guaranteed land rights.
WITH NO ONE ELSE PRESENT TO SPEAK, THE PUBLIC HEARING WAS
CLOSED.
Discussion ensued regarding compensation for relocation.
The Commission inquired about the legal consequences behind continuing the
item without action. Staff explained that the current ordinance is not in
compliance with state law.
A MOTION WAS MADE BY LIVENGOOD, SECONDED BY HARDY, TO
APPROVE ZONING TEXT AMENDMENT NO. 01-03 WITH FINDINGS FOR
APPROVAL AND FORWARD THE DRAFT ORDINANCE TO THE CITY
COUNCIL FOR ADOPTION.
Discussion ensued regarding postponing action on the item to allow further time
for study, and input from the Huntington Beach Mobile Home Advisory Board.
A MOTION WAS MADE BY PORTER, SECONDED BY KOKAL, TO TABLE
ZONING TEXT AMENDMENT NO. 01-03 FOR SIXTY(60) DAYS FOR
FURTHER STUDY AND ANALYSIS BY THE FOLLOWING VOTE:
AYES: Kerins, Hardy, Kokal, Porter
NOES: Stanton, Shomaker, Livengood
ABSENT: None
ABSTAIN: None
MOTION APPROVED
(02p=1022)
ATTACHMENT 8
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 11456(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. value 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. 1/98)
The industry "blue book" may yield useful e.g.,2.44 in x 12.04 in.
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 in 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. 1/98)
ATTACHMENT 9
65863.5. Whenever the z 'ng covering a property is changed from one zone to another or a
zoning variance or.condition use permit is granted with respect to any property, the governing
body of the city or county shal, ithin 30 days, notify the county assessor of such action.
Notwithstanding Section 65803, this ction shall apply to charter cities.
(Amended by Stats. 1980, Ch. 411.Effectiv my 11, 1980.)
65863.6.In carrying out the provisions of this cha er, each county and city shall consider the
effect of ordinances adopted pursuant to this chapter the housing needs of the region in which
the local jurisdiction is situated and balance these needs ainst the public service needs of its
residents and available fiscal and environmental resources. y ordinance adopted pursuant to
this chapter which, by its terms, limits the number of housing its which may be constructed on
an annual basis shall contain findings as to the public health, safe and welfare of the city or
county to be promoted by the adoption of the ordinance which just reducing the housing
opportunities of the region.
(Amended by Stats 1981, Ch. 714.)
--� 65863.7. (a)Prior to the conversion of a mobilehome park to another use, except pursuant to the
Subdivision Map Act (Division 2 (commencing with Section 66410) of Title 7), or prior to
closure of a mobilehome park or cessation of use of the land as a mobilehome park,the person or
entity proposing the change in use shall file a report on the impact of the conversion, closure, or
cessation of use upon the displaced residents of the tobilehome park to be converted or closed.
In determining the impact of the conversion, closure, or cessation of use on displaced
mobilehome park residents,the report shall address the availability of adequate replacement
housing in mobilehome parks and relocation costs.
(b) The person proposing the change in use shall provide a copy of the report to a resident of
each mobilehome in the mobilehome park at least 15 days prior to the hearing, if any, on the
impact report by the advisory agency, or if there is no advisory agency,by the legislative body.
(c)When the impact report is filed prior to the closure or cessation of use, the person or entity
proposing the change shall provide a copy of the report to a resident of each mobilehome in the
mobilehome park at the same time as the notice of the change is provided to the residents
pursuant to paragraph (2) of subdivision W- of Section 798.56 of the Civil Code.
O
(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 on the sufficiency of the report.
(e) The legislative body, or its delegated advisory agency, shall review 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.
l
(f) If the closure or cessation of use of a mobilehome park results from an adjudication of
bankruptcy, the provisions of this section shall not be applicable.
(g)The legislative body may establish reasonable fees pursuant to Section 66016 to cover any
costs incurred by the local agency in implementing this section and Section 65863.8. Those fees
shall be paid by the person or entity proposing the change in use.
(h) This section is applicable to charter cities.
(i) This section is applicable when the closure, cessation, or change of use is the result of a
decision by a local governmental entity or planning agency not to renew a conditional use permit
or zoning variance under which the mobilehome park has operated, or as a result of any other
zoning or planning decision, action, or inaction. In this case, the local governmental agency is
the person proposing the change in use for the purposes of preparing the impact report required
by this section and is required to take steps to mitigate the adverse impact of the change as may
be required in subdivision(e).
(Added by Stats. 1980, Ch. 879;Amended by Stats 1985, Ch. 1260;Amended by Stats. 1986, Ch.
190. Effective June 24, 1986;Amended by Stats. 1988, Ch. 910;Amended by Stats. 1990, Ch.
65863.8. A 1 cal agency to which application has been made for the conversion of a mobilehome
park to anothe use shall, at least 30 days prior to a hearing or any other action on the
application, info the applicant in writing of the provisions of Section 798.56 of the Civil Code
and all applicable to at requirements which impose upon the applicant a duty to notify residents
and mobilehome own s of the mobilehome park of the proposed change in use, and shall
specify therein the mane in which the applicant shall verify that residents and mobilehome
owners of the mobilehome ark have been notified-of the proposed change in use. Neither a
hearing on the application, n any other action thereon, shall be taken by the local agency before
the applicant has satisfactorily ' ed that the residents and mobilehome owners have been so
notified, in the manner prescribed law or local regulation.
(Added by Stats 1982, Ch. 1397, Ame ed by Stats. 1988, Ch. 910;Amended by Stats 1993, Ch.
265.)
65863.9.Unless an earlier expiration appears . n the face of the permit, any permit which is
issued by a local agency in conjunction with a t tative subdivision map for a planned unit
development shall expire no sooner than the appr ed tentative map, or any extension thereof,
whichever occurs later.
Local coastal development permits issued by a local age cy in conjunction with a tentative
subdivision map for a planned unit development shall exp no sooner than the approved
tentative map, and any extension of the map shall be in acco dance with the applicable local
coastal program, if any,which is in effect.
(Added by Stats. 1984, Ch. 990.)
ATTACHMENT 10
WAIS Document Retrieval Page 1 of 4
798.56. A tenancy shall be tern._.iated by the management only foi
one or more of the following reasons:
(a) Failure of the homeowner or resident to comply with a local
ordinance or state law or regulation relating to mobilehomes within a
reasonable time after the homeowner receives a notice of
noncompliance from the appropriate governmental agency.
(b) Conduct by the homeowner or resident, upon the park premises,
that constitutes a substantial annoyance to other homeowners or
residents.
(c) Conviction of the homeowner or resident for prostitution or a
felony controlled substance offense if the act resulting in the
conviction was committed anywhere on the premises of the mobilehome
park, including, but not limited to, within the homeowner's
mobilehome.
However the tenancy may not be terminated for the reason specified
in this subdivision if the person convicted of the offense has
permanently vacated, and does not subsequently reoccupy, the
mobilehome.
(d) Failure of the homeowner or resident to comply with a
reasonable rule or regulation of the park that is part of the rental
agreement or any amendment thereto.
No act or omission of the homeowner or resident shall constitute a
failure to comply with a reasonable rule or regulation unless and
until the management has given the homeowner written notice of the
alleged rule or regulation violation and the homeowner or resident
has failed to adhere to the rule or regulation within seven days.
However, if a homeowner has been given a written notice of an alleged
violation of the same rule or regulation on three or more occasions
within a 12-month period after the homeowner or resident has violated
that rule or regulation, no written notice shall be required for a
subsequent violation of the same rule or regulation.
Nothing in this subdivision shall relieve the management from its
obligation to demonstrate that a rule or regulation has in fact been
violated.
(e) (1) Nonpayment of rent, utility charges, or reasonable
incidental service charges; provided that the amount due has been
unpaid for a period of at least five days from its due date, and
provided that the homeowner shall be given a three-day written notice
subsequent to that five-day period to pay the amount due or to
vacate the tenancy. For purposes of this subdivision, the five-day
period does not include the date the payment is due. The three-day
written notice shall be given to the homeowner in the manner
prescribed by Section 1162 of the Code of Civil Procedure. A copy of
this notice shall be sent to the persons or entities specified in
subdivision (b) of Section 798.55 within 10 days after notice is
delivered to the homeowner. If the homeowner cures the default, the
notice need not be sent. The notice may be given at the same time as
the 60 days ' notice required for termination of the tenancy.
(2) Payment by the homeowner prior to the expiration of the
three-day notice period shall cure a default under this subdivision.
If the homeowner does not pay prior to the expiration of the
three-day notice period, the homeowner shall remain liable for all
payments due up until the time the tenancy is vacated.
(3) Payment by the legal owner, as defined in Section 18005.8 of
the Health and Safety Code, any junior lienholder, as defined in
Section 18005.3 of the Health and Safety Code, or the registered
owner, as defined in Section 18009.5 of the Health and Safety Code,
if other than the homeowner, on behalf of the homeowner prior to the
expiration of 30 calendar days following the mailing of the notice to
the legal owner, each junior lienholder, and the registered owner
provided in subdivision (b) of Section 798.55, shall cure a default
under this subdivision with respect to that payment.
(4) Cure of a default of rent, utility charges, or reasonable
http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=9979128443+5+0+0&WAISaction=retrieve 10/30/2002
WAIS Document Retrieval Page 2 of 4
incidental service charges by ti.- legal owner, any junior lienho,-er,
or the registered owner, if other than the homeowner, as provided by
this subdivision, may not be exercised more than twice during a
12-month period.
(5) If a homeowner has been given a three-day notice to pay the
amount due or to vacate the tenancy on three or more occasions within
the preceding 12-month period, no written three-day notice shall be
required in the case of a subsequent nonpayment of rent, utility
charges, or reasonable incidental service charges.
In that event, the management shall give written notice to the
homeowner in the manner prescribed by Section 1162 of the Code of
Civil Procedure to remove the mobilehome from the park within a
period of not less than 60 days, which period shall be specified in
the notice. A copy of this notice shall be sent to the legal owner,
each junior lienholder, and the registered owner of the mobilehome,
if other than the homeowner, as specified in paragraph (b) of Section
798.55, by certified or registered mail return receipt requested
within 10 days after notice is sent to the homeowner.
(6) When a copy of the 60 days' notice described in paragraph (5)
is sent to the legal owner, each junior lienholder, and the
registered owner of the mobilehome, if other than the homeowner, the
default may be cured by any of them on behalf of the homeowner prior
to the expiration of 30 calendar days following the mailing of the
notice, if all of the following conditions exist:
(A) A copy of a three-day notice sent pursuant to subdivision (b)
of Section 798.55 to a homeowner for the nonpayment of rent, utility
charges, or reasonable incidental service charges was not sent to the
legal owner, junior lienholder, or registered owner, of the
mobilehome, if other than the homeowner, during the preceding
12-month period.
(B) The legal owner, junior lienholder, or registered owner of the
mobilehome, if other than the homeowner, has not previously cured a
default of the homeowner during the preceding 12-month period.
(C) The legal owner, junior lienholder or registered owner, if
other than the homeowner, is not a financial institution or
mobilehome dealer.
If the default is cured by the legal owner, junior lienholder, or
registered owner within the 30-day period, the notice to remove the
mobilehome from the park described in paragraph (5) shall be
rescinded.
(f) Condemnation of the park.
(g) Change of use of the park or any portion thereof, provided:
(1) The management gives the homeowners at least 15 days ' written
notice that the management will be appearing before a local
governmental board, commission, or body to request permits for a
change of use of the mobilehome park.
(2) After all required permits requesting a change of use have
been approved by the local governmental board, commission, or body,
the management shall give the homeowners six months ' or more written
notice of termination of tenancy.
If the change of use requires no local governmental permits, then
notice shall be given 12 months or more prior to the management's
determination that a change of use will occur. The management in the
notice shall disclose and describe in detail the nature of the
change of use.
(3) The management gives each proposed homeowner written notice
thereof prior to the inception of his or her tenancy that the
management is requesting a change of use before local governmental
bodies or that a change of use request has been granted.
(4) The notice requirements for termination of tenancy set forth
in Sections 798.56 and 798.57 shall be followed if the proposed
change actually occurs.
(5) A notice of a proposed change of use given prior to January 1,
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WAIS Document Retrieval Page 3 of 4
1980, that conforms to the requirements in effect at that time shall
be valid. The requirements for a notice of a proposed change of use
imposed by this subdivision shall be governed by the law in effect
at the time the notice was given.
(h) The report required pursuant to subdivisions (b) and (i) of
Section 65863.7 of the Government Code shall be given to the
homeowners or residents at the same time that notice is required
pursuant to subdivision (g) of this section.
(i) For purposes of this section, "financial institution" means a
state or national bank, state or federal savings and loan association
or credit union, or similar organization, and mobilehome dealer as
defined in Section 18002.6 of the Health and Safety Code or any other
organization that, as part of its usual course of business,
originates, owns, or provides loan servicing for loans secured by a
mobilehome.
798.56a. (a) Within 60 days after receipt of, or no later than 65
days after the mailing of, the notice of termination of tenancy
pursuant to any reason provided in Section 798.56, the legal owner,
if any, and each junior lienholder, if any, shall notify the
management in writing of at least one of the following:
(1) Its offer to sell the obligation secured by the mobilehome to
the management for the amount specified in its written offer. In
that event, the management shall have 15 days following receipt of
the offer to accept or reject the offer in writing. If the offer is
rejected, the person or entity that made the offer shall have 10 days
in which to exercise one of the other options contained in this
section and shall notify management in writing of its choice.
(2) Its intention to foreclose on its security interest in the
mobilehome.
(3) Its request that the management pursue the termination of
tenancy against the homeowner and its offer to reimburse management
for the reasonable attorney's fees and court costs incurred by the
management in that action. If this request and offer are made, the
legal owner, if any, or junior lienholder, if any, shall reimburse
the management the amount of reasonable attorney' s fees and court
costs, as agreed upon by the management and the legal owner or junior
lienholder, incurred by the management in an action to terminate the
homeowner's tenancy, on or before the earlier of (A) the 60th
calendar day following receipt of written notice from the management
of the aggregate amount of those reasonable attorney's fees and costs
or (B) the date the mobilehome is resold.
(b) A legal owner, if any, or junior lienholder, if any, may sell
the mobilehome within the park to a third party and keep the
mobilehome on the site within the mobilehome park until it is resold
only if all of the following requirements are met:
(1) The legal owner, if any, or junior lienholder, if any,
notifies management in writing of the intention to exercise either
option described in paragraph (2) or (3) of subdivision (a) within 60
days following receipt of, or no later than 65 days after the
mailing of, the notice of termination of tenancy and satisfies all of
the responsibilities and liabilities of the homeowner owing to the
management for the 90 days preceding the mailing of the notice of
termination of tenancy and then continues to satisfy these
responsibilities and liabilities as they accrue from the date of the
mailing of that notice until the date the mobilehome is resold.
(2) Within 60 days following receipt of, or no later than 65 days
after the mailing of, the notice of termination of tenancy, the legal
owner or junior lienholder commences all repairs and necessary
corrective actions so that the mobilehome complies with park rules
and regulations in existence at the time the notice of termination of
tenancy was given as well as the health and safety standards
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WAIS Document Retrieval Page 4 of 4
specified in Sections 18550, 18_JJ2, and 18605 of the Health and
Safety Code, and completes these repairs and corrective actions
within 90 calendar days of that notice, or before the date that the
mobilehome is sold, whichever is earlier.
(3) The legal owner, if any, or junior lienholder, if any,
complies with the requirements of Article 7 (commencing with Section
798.70) as it relates to the transfer of the mobilehome to a third
party.
(c) For purposes of subdivision (b) , the "homeowner's
responsibilities and liabilities" means all rents, utilities,
reasonable maintenance charges of the mobilehome and its premises,
and reasonable maintenance of the mobilehome and its premises
pursuant to existing park rules and regulations.
(d) If the homeowner files for bankruptcy, the periods set forth
in this section are tolled until the mobilehome is released from
bankruptcy.
(e) Notwithstanding any other provision of law, including, but not
limited to, Section 18099.5 of the Health and Safety Code, if
neither the legal owner nor a junior lienholder notifies the
management of its decision pursuant to subdivision (a) within the
period allowed, or performs as agreed within 30 days, or if a
registered owner of a mobilehome, that is not encumbered by a lien
held by a legal owner or a junior lienholder, fails to comply with a
notice of termination and is either legally evicted or vacates the
premises, the management may either remove the mobilehome from the
premises and place it in storage or store it on its site. In this
case, notwithstanding any other provision of law, the management
shall have a warehouseman's lien in accordance with Section 7209 of
the Commercial Code against the mobilehome for the costs of
dismantling and moving, if appropriate, as well as storage, that
shall be superior to all other liens, except the lien provided for in
Section 18116.1 of the Health and Safety Code, and may enforce the
lien pursuant to Section 7210 of the Commercial Code either after the
date of judgment in an unlawful detainer action or after the date
the mobilehome is physically vacated by the resident, whichever
occurs earlier. Upon completion of any sale to enforce the
warehouseman's lien in accordance with Section 7210 of the Commercial
Code, the management shall provide the purchaser at the sale with
evidence of the sale, as shall be specified by the Department of
Housing and Community Development, that shall, upon proper request by
the purchaser of the mobilehome, register title to the mobilehome to
this purchaser, whether or not there existed a legal owner or junior
lienholder on this title to the mobilehome.
(f) All written notices required by this section shall be sent to
the other party by certified or registered mail with return receipt
requested.
(g) Satisfaction, pursuant to this section, of the homeowner's
accrued or accruing responsibilities and liabilities shall not cure
the default of the homeowner.
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ATTACHMENT I I
H CITY OF HUNTINGTON BEACH
Communication
TO: Honorable Mayor and City Council Members
Planning Commission Members
FROM: Mobile Home Advisory Board Members
DATE: November 6,2002
SUBJECT: Appeal of Zoning Text Amendment No. 01-03 (Mobile Home
Park Conversions)
In response to the Planning Commission's October 22, 2002 action on Zoning Text
Amendment No. 01-03 (Mobile Home Park Conversions)and City Council Member
Ralph Bauer's October 25, 2002 memo regarding this action, the Mobile Home Advisory
Board (MHAB)held a special meeting on November 4,2002. At this meeting,the
MHAB took two votes that it respectfully wishes to communicate to both the City
Council and the Planning Commission.
The first MHAB vote(9 ayes, 0 noes) was to make a recommendation to the City Council
to adopt Zoning Text Amendment No. 01-03, as submitted to the Planning Commission
on October 22, 2002. This amendment will only bring the City's ordinance into
compliance with State law.
The second MHAB vote (5 ayes, 3 noes, 1 abstention)was to form a subcommittee to
study the Mobile Home Park Conversions Ordinance and to request that the City Council
delay adopting changes to the ordinance beyond Zoning Text Amendment No. 01-03
until the MHAB forwards its recommendations to the Council. The newly formed
MHAB subcommittee is expected to study similar ordinances from various Cities in
California. This subcommittee will draft a new ordinance that addresses the Planning
Commission's and Council Member Bauer's concerns regarding fair market value
language for mobile homes. In March 2003, any proposed draft ordinance will be
submitted to the MHAB; and upon approval by the full board, forwarded to the City
Attorney for legal review. As soon as possible thereafter, the MHAB's recommendations
will be submitted to Council.
By taking the above votes,the MHAB has attempted to be responsive to the Planning
Commission's request for recommendations with respect to the ordinance. The MHAB
additionally wishes to express to the City Council that making substantive changes to the
ordinance should be done only after thorough study.
cc: Ray Silver, City Administrator
David Biggs, Director of Economic Development
Howard Zelefsky,Director of Planning
Scott Hess, Planning Manager
RCA ROUTING SHEET
INITIATING DEPARTMENT: Planning
SUBJECT: ZONING TEXT AMENDMENT NO. 01-03
COUNCIL MEETING DATE: November 18, 2002
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attome Not Applicable
Subleases, Third Party Agreements, etc.
Approved as to form by City Attorney Not Applicable
Certificates of Insurance (Approved by the City Attome ) Not Applicable
Financial Impact Statement (Unbudget, over$5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Attached
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Attached
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FORWARDED
Administrative Staff
Assistant City Administrator Initial
City Administrator Initial 2
City Clerk
EXPLANATION FOR RETURN OF ITEM:
Only)(Below Space For City Clerk's Use
RCA Author: HZ: SH:RM:kj
NOTICE OF PUBLIC HEARING
BEFORE THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH
NOTICE IS HEREBY GIVEN that on Monday November 18, 2002, 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:
APPEAL OF THE PLANNING COMMISSION'S DECISION TO TABLE FOR
SIXTY-DAYS ZONING TEXT AMENDMENT NO. 01-03 (MOBILEHOME PARK
CONVERSIONS):
Applicant: City of Huntington Beach. Appellant: Council member Ralph Bauer. Request:
ZTA: To amend Chapter 234 Mobilehome Park Conversions of the Huntington Beach
Zoning and Subdivision Ordinance to bring the ordinance into compliance with State law
and add fair market value language for mobilehome purchases. Location: Citywide.
Project Planner: Rosemary Medel
NOTICE IS HEREBY GIVEN that 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, November 15, 2002.
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.
Connie Brockway, City Clerk
City of Huntington Beach
2000 Main Street, 2nd Floor
Huntington Beach, California 92648
(714) 536-5227
(g\1ega1s\CCLGFRM2\02cc 1118)
i
CITY COU NCI VREDEVELOPMENT AGENCY PUBLIC HEARING REQUEST
SUBTECT: 7�'
DEPp�TMEI�'T: /9�/Y /x� c MEETING DA ,
CO I ACT: PHONE:
N/A YES NO
Is the notice attached?
Do the Heading and Closing of Notice reflect City Council(and/or
Redevelopment Agency)hearing?
Are the date,,day and time of the public hearing correct?
If an appeal,is the appellant's name included in the notice?
i
( ( ) ( ) If Coastal Development Permit,does the notice include appeal language?
Is there an Environmental Status to be approved by Council?
j
( ) ( ) (,J--'Is a map attached for publication?
( ) ( ( ) Is a larger ad.required? Size jr
(✓� ( ) ( ) Is the verification statement attached indicating the source and accuracy of the
mailing list?
( ( ) ( ) Are the applicant's name and address part of the mailing labels?
Are the appecanes name and address part of the mailing labels?
If Coastal Development Permit,is the Coastal Commission part of the mailing
labels?
If Coastal Development Permit,are the resident labels attached?
Is the Report 33433 attached? (Economic Development Dept items only)
I
Pleas complete the following: _
1. Minimum days from publication to hearing date 142
2. Number of times to be published
r 3. Number of days between publications
21
Huntington Beach Mobile Home Parks List of Owners 10/30/02
Tower Management Co. State of California
Attention: Jonathan Boggs Eric Hexburg Dept of Transportation
80 South Lake Ave., Ste 719 9850 Garfield Avenue 3337 Michelson, Ste 380
Pasadena, CA 91107 Huntington Beach, CA 92646 Irvine, CA 92612
Huntington Mobile Estates Huntington Harbor Mobile Home Park Bandetti Management Corp.
1925 Century Park East, Ste 1260 Board of Directors Attention: Bill Mecham
Los Angeles, CA 90067 16400 Saybrook Lane 20701 Beach Boulevard
Huntington Beach, CA 92649 Huntington Beach, CA 92648
Joanna Bruce Mark Hodgson Craig Houser*
19350 Ward St. 80 Huntington Street 16222 Monterey Ln
Huntington Beach, CA 92646 Huntington Beach, CA 92648 Huntington Beach, CA 92649
Gay Smith Arch Investments Leland Jay
19361 Brookhurst St. Attention: Chuck Welby 5200 Heil Ave.
Huntington Beach, CA 92646 9597 Central Ave. Huntington Beach, CA 92649
Montclair, CA 91763
Hubbell Family LLC Herald & Gerry McCleod
16444 Bolsa Chica St. 7850 Slater Ave.
Huntington Beach, CA 92649 Huntington Beach, CA 92647
*Owner is member of Mobile Home Advisory Board
iA\LABELS\LABELS\Mobile Home Parks—103002.doe
Sandra Cole Pauline Robinson Thomas K. Sobek
21851 Newland Street, #206 16222 Monterey Lane, #107 7652 Garfield Avenue, #1
Huntington Beach, CA 92646 Huntington Beach, CA 92649 Huntington Beach CA 92648
Barbara Boskovich Daniel Kittridge Lydia Stein
18341 Springtime Lane 5332 Glenstone Drive 620 18th Street
Huntington Beach, CA 92646 Huntington Beach, CA 92649 Huntington Beach CA 92648
Craig Houser Steven Kato Steve Novarro
16222 Monterey Lane 10442 Sunday Drive 712 N. Garfield Avenue
Huntington Beach CA 92649 Huntington Beach CA 92646 Alhambra CA 91801
:\LABELS\LABELS\Mobile Home Advisory.doe
V C HEARING NOTIFICATION CHECKLIST'T
MAILING LABELS—September 18,2002
G:Labels\Labels\Public Hearing
President 1 Huntin n H or POA 10 Sue JXon
16
H.B.Chamber of Commerce P. O. Box 1967ay Lane
2100 Main Street,Suite 200 Sunset h, 90742 Hunach,CA 92648
Huntington Beach,CA 92648
Betty Jo Woollett 2 William D. Holman 11 Edna Littlebury 17
Orange County Assoc. of Realtors PLC Gldn St.Mob. Hm. 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
Presid 3 Mr.Tom Zanic 12 P cific Coas chaeological 18
Amigos hica New Urban West SoX-Jane
16531 Bol treet,Suite 312 520 Broadway Ste. 100 P. 6
Hun ' n Beach, 92649 Santa Monica,CA 90401 CA 92627
Athold
Suns each CoAoUty Assoc. 4 Pres., Society 13 To Ma ws 19
Pat Thie , nt C/O Ne House Museum O.C. &Lev. Services Dept.
PO Box 2 19820 Be vd. P.O. 048
Sunset ch,CA 90 2-0215 Huntin Beach,CA 92648 San Ana, A 92702-4048
President 5 Com i ervices Dept. 14 V' y Wil 19
Huntington Beach Tomorrow Chairpers O^Ana,
c Facilities&Res.Dept.
PO Box 865 Historic eso es Bd. P. 8
Huntington Beach,CA 92648 S92702-4848
JulieAS
st 6 Council on Aging 15 Pl 20
BIA- 1706 Orange Ave. City sta Mesa
1774Circle,#170 Huntington Beach,CA 92648 P. O 1200
Irvin4-4441 C Mes A 92628-1200
Richard Spicer 7 Jeff MXel 16 Pl ir. 21
SCAG Seaclif Ci ountain Valley818 West 7th, 12th Floor 19391 or Circle 1020 Ave.
Los Angeles,CA 90017 HuntinCA 92648 Fo am V31ley,CA 92708
E.T.I. rr 00 8 John oe 16 Pl g rector 22
Mary Be Seaclif City o stminster
20292 E Cir. 19382 S e Lane 8200 ster Blvd.
Huntin n Beach,CA 92646 Huntin n ch,CA 92648 Wes ste ,CA 92683
Al HeVfer 9 Lo ann e 16 Pl ng rector 23
Envirc tal Board Chairman Seacli A City o Beach
8452 G rcle 19821 e Bluff Circle 211 E' t.
Huntin n Beach,CA 92646 Hwi ' on B ch CA 92648 Seal ach, A 90740
Z06hI f
NOTICE OF APPEAL TO PLANNING COMMISSION ACTION
OF a�
Date of Planning Commission Action
TO: Planning Dept (2 copies) DATE:
City Attorney (1 copy)
FILED BY T, /'I do)
ep
RE ARDING:
ivgh K C' ' U'e�" vl�S
Tentative Date for Public Hearing: 12 e,te
Copy of Appeal Letter attached.
LEGAL NOTICE AND A.P.MAILING LIST MUST BE RECEIVED IN THE CITY CLERK'S
OFFICE 15 DAYS PRIOR TO THE PUBLIC HEARING DATE
Connie Brockway
City Clerk
x5227
°�� CITY OF HUNTINGTON BEACH
CITY COUNCIL COMMUNICATION
TO: Connie Brockway, City Clerk ����//��
FROM: Ralph Bauer, City Council Membery0o
SUBJECT: APPEAL OF ZONING TEXT AMENDMENT NO. 01-03 (MOBILE HOME
PARK CONVERSIONS)
DATE: October 25, 2002
STATEMENT OF ISSUE:
I hereby request an appeal of the subject entitlement that was tabled for sixty (60) days by the
Planning Commission on October 22, 2002. This is an important ordinance that needs
immediate action and the Planning Commission's delay is unreasonable.
The current wording in the subject issue requires that if a mobile home park is closed for
purposes of an alternative use, the individual mobile home owner shall be paid the depreciated
value of their coach
RECOMMENDED ACTION:
I move that the wording in the subject issue be changed to reflect a reimbursement to the
mobile home owner of fair market value. Fair market value to be determined by appropriate use
of qualified appraisers representing the coach owner on one hand and the park owner on the
other. Resolution of differences to be settled by a disinterested third party agreed to by the
mobile home owner and the mobile park owner.
RHB:cf
xc: Mayor and City Council
Ray Silver, City Administrator
Howard Zelefsky, Director of Planning
Scott Hess, Planning Manager
Mary Beth Broeren, Principal Planner
Appeal of
Zoning Text
Amendment No . 01 -03
( Mobilehome Park
Conversions)
REQUEST
•Amend the Mobilehome Park
Conversions Ordinance, Chapter
234 of the Zoning and
Subdivision Ordinance
•Alternative Ordinance to also
add provisions for fair market
value
BACKGROUND
■Mobile Home Advisory Board
requested review of ordinance
■Upon review, City Attorney's Office
initiated amendment to bring
Chapter 234 current with State law
Alternative Ordinance prepared
based on previous recommendations
OCTOBER 22, 2002
PLANNING COMMISSION
HEARING
-Two people spoke regarding the
request
■PC tabled the item for a 60 day
period for review of the fair
market value issue by the Mobile
Home Advisory Board
2
APPEAL
• Appealed by Council Member Ralph
Bauer
• Appeal letter cites that this is an
important ordinance that needs
immediate action and the Planning
Commission's delay is
unreasonable
ANALYSIS
• Original Ordinance: Brings City
into compliance with State Law.
• Alternative Ordinance:
❖ Alternative Ordinance incorporates
fair market value; Allows maximum
of three appraisals; Recommends City
rely on CALTRANS definition.
❖Current City Ordinance uses
depreciation method to determine
value consistent with industry
practice.
3
ANALYSIS
• Other City Ordinances: Six cities
reviewed. City of San Juan Capistrano
has incorporated fair market value
language in its relocation impact report
requirements.
• Mobile Home Advisory Board :
Special meeting on November 4, 2002,
recommend adoption of ZTA No. 01-03
table Alternative Ordinance until March
2003.
RECOMMENDATION
CITY COUNCIL APPROVE EITHER
ORDINANCE BECAUSE:
■Consistent with General Plan goals
and policies
■First ordinance brings the ZSO
current with State law
-Alternative ordinance brings ZSO
current with State law and includes
fair market value concept
■Incorporation of Cal Trans language
provides reasonable and equitable
appraisal methods to determine value
4
END
5
November 15, 2002
Honorable Mayor Debbie Cook & Members of the City Council ea,�,4 , 0,� e-r
Huntington Beach City Hall
2000 Main Street a
Huntington Beach -=
California 92648
a
Dear Mayor Cook & City Council: " C
It has come to my attention that the city is looking at updating the Mobile Home Relocation
Ordinance. In fact, such procedures have simply been given over to the Mobile Home Advisory
Board, who has appointed a new subcommittee to study the matter. 1 know the city has the
power to require an Environmental Impact Report (EIR) and also to require that the owner
closing or converting a park to another use to provide relocation assistance... see Government
Code Sec. 65863.7.
Since the city of Huntington Beach has a housing element as part of the General Plan, and
part of the housing element includes a provision for lower-income housing, hopefully the city
will be sensitive in maintaining at lease it's existing percentage of affordable housing.
Likewise, when such an ordinance exist to help protect the residents with any relocation
assistance, now days park owners notoriously raise the rents drastically a few year before
such a notice is officially given. Therefore, in essence, half the residents are forced out, while
the other half have simply paid for their own relocations costs. This way, the park owners have
once again skirted the issue, placing the burden and costs right back on the residents.
However, this relocation ordinance could easily be amended to take into account residents
who moved or where forced out 18 months to 2 years prior to closure. It could also require that
existing residents be relocated to similar housing within the community. If park owners were
required to treat all residents who moved out 18 months to 2 year prior to a closure notice the
same as existing residents, this would help put a stop to their practice of rent gouging to offset
their costs. All that would be required is to keep track of the whereabouts of those tenants who
moved out during this time period.
Since this city now has no possibility of rent control, not even for mobile home owners, and the
city has expressed no interest in subsidizing the rents of some of these low income folks, it is a
sure bet that major rent increases will be coming in all these parks very soon. While rent
control was at one time an issue, park owners held off so as not to give those wanting rent
control ammunition. However, now that it is a dead issues, because of the way it was
presented and handled, park owners no longer need to be concerned.
e
Sincerely,
John Sisker
Founding Director
Manufactured Home (Owners) Network
www.mfghomeowners.net
80 Huntington St., #266
Huntington Beach
CA92648
(714) 536-3850
cc: Planning Commission
City Administrator
Community Development
Mobile Home Advisory Board
Page 1 of 2
Ross, Rebecca
From: Ross, Rebecca
Sent: Saturday, November 16, 2002 8:45 AM
To: 'John Sisker'
Cc: Brockway, Connie; Ehring, Liz
Subject: RE: 11/18/02 City Council Meeting
Dear John,
Thank you for writing.
Sincerely, Rebecca
N_
C= :t.-
l
CJ4.-
-----Original Message-----
From: John Sisker [mailto:jsisker@sprynet.com]
Sent: Saturday, November 16, 2002 2:00 AM
To: rross@surfcity-hb.org c-
Subject: Re: 11/18/02 City Council Meeting "? ?1-
Rebecca,
Ref...
November 18, 2002 - City Council Agenda
D-4 (Mobilehome Park Conversion)
A communications note from me was included in this agenda, expressing concern in
regards to the city maintaining their existing percentage of affordable housing.
However, I should point out that I also expressed concerns that the city should require a
Environmental Impact Report, provide relocation assistance per Government Code Sec.
65863.7, the fact that park owners simply raise the rents before hand to offset their cost:
associated with park closures, and my proposal of requiring the park owners to treat all
residents who moved out 18 months to 2 year prior to a closure notice the same as exis-
residents. This would stop their practice of rent gouging to offset any of their costs
associated with a park closure.
Likewise, I also said that now that park owners know there is no hope for rent control in
Huntington Beach, rents will be going up. This is especially true since for years they hav
kept a low profile so as not to give fuel to those wanting rent control.
I just want to keep the record straight. Please see what you can do.
Thank you,
John Sisker
jsisker@sprynet.com
Att
11/16/2002
Page 2 of 2
www.mfghomeowners.net
(714) 536-3850
11/16/2002