HomeMy WebLinkAboutPresented by Councilmember Connie Boardman Re: Mobile Home P O
CITY OF HUNTINGTON BEACH
City Council Interoffice Communication
T
To: Honorable Mayor and City Council Members o
C
From: Connie Boardman, City Council Member
Date: July 12, 2004
Subject: STUDY SESSION ON JULY 19, 2004 — MOBILE HOME PARK
CONVERSION ORDINANCE Z -
c
At the May 17, 2004, City Council Meeting, I brought forward an H-Item regarding the
City's Mobile Home Park Conversion Ordinance (see Attachment 1). Certain proposed
changes to this ordinance have been discussed by the City Council and studied by the
Mobile Home Advisory Board (MHAB) since November 2002, when then Council
Member Bauer.recommended an update to the ordinance. Specifically, Council
Member Bauer suggested that the methodology used to value mobile homes be revised
to reflect local market conditions. As I discussed in my memo, dated May 6, 2004,
because in almost two years the MHAB has been unable to reach a consensus on its
recommendations, I thought it was time to bring the issue directly to the City Council.
Because of the complexity of the issues involved, the matter has been scheduled for the
July 19, 2004, Study Session, at which time I hope that the City Council Members can
discuss what, if any, changes should be made to update the conversion ordinance. To
facilitate the discussion, the following table contrasts the key provisions of our ordinance
with those from seven other California cities (Attachment 2 provides the conversion
ordinances for Fremont, Los Gatos, Mountain View, San Jose, San Juan Capistrano,
Sunnyvale, and Windsor). The two major issues of disagreement among MHAB
members are (a) whether the City's current method of valuing mobile homes using a
depreciating asset formula should be changed to a method valuing homes using a fair
market value appraisal, and (b) if homes and residents can be relocated, how far away
from Huntington Beach is reasonable, considering possible displacement of low-income
and elderly residents from support networks, schools, jobs, families, and doctors.
These seven ordinances are provided to demonstrate how our City provides
significantly less protection to residents who may be displaced.
_ �3i3.�ti..,r,�TsS`
Cha; ter}�3 `V. i ehome . ark erslton
(3334-6/97,3595-1/03)
.Sections:
234.02 Applicability
234.04 Definitions
234.06 Removal of MHP Overlay or RMP Zone or Change of Use
234.08 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 ag 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.
Huntington Beach Zoning and Subdivision Ordinance
Chapter 234 234-1 1103
C. That the proposed change of land use will not have an adverse effect upon the goals and policies
for provision of adequate housing for all economic segments of the community,as set forth in
the Housing Element of the Huntington Beach General Plan.
D. That the property which is the subject of the zone change would be more appropriately
developed in accordance with uses permitted by the underlying zoning,or proposed zoning.
E. That a notice of intent to change the use of a mobilehome park and relocate mobilehome owners
was delivered to such owners and to the Department of Community Development at least
eighteen (18)months prior to the date the mobilehome owner is required to vacate the premises.
F. The zone change shall not become effective unless a Local Coastal Program amendment is
effectively certified by the Coastal Commission. (3334-6/97)
234.08 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.
e 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.
Huntington Beach toning and Subdivision Ordinance
Chapter 234 .234-3 6197
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.
Huntington Beach Zoning and Subdivision Ordinance
Chapter 234 234-5 6/97
i •
AMENDED CHAPTER 234 MOBILE/MANUFACTURED HOME
PARK CONVERSION
Prepared and presented by Steve Gullage, member of the
Huntington Beach Mobile Home Advisory Board
s -
CHAPTER 234 Mobile/Manufactured Home park Conversions
,Sections: -
234.02 Findings
234.03 Applicability
234.04 Definitions
234.06 Removal of NIHP Overlay of 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 Findings
.The City Council hereby does find and determine that the following local conditions and
circumstances exist within the City of Huntington Beach and that they make necessary
and appropriate the regulations contained within this ordinance:
a) . Statistically,the mobile/manufactured home park vacancy rate averages under
1%,with a shortage of parks, and no new ones being built. The cost of relocating
a mobile/manufactured home today is exorbitant and usually exceeds$15,000.
The majority of the residents are over 65, on low or fixed income. .Social Security
is their primary source of income, and many residents are single or widowed.
This is affordable housing,provided by the homeowner and needs to be.
preserved.
b): Closure of such a park would have a substantial adverse economic effect on these
residents. When a mobile/manufactured home in an existing park is sold it is
generally sold in place. A mobile/manufactured home in an existing park is not
often moved from its location once it has been placed in the park. There are few
vacant spaces in the parks within the immediate vicinity of the City,and the
number of vacant spaces in Orange County is small. Relocating homeowners in
an area in excess of thirty miles from their existing home creates a special
hardship, particularly for elderly residents, who need to be in social service
support networks. A move in excess of thirty(30)miles would seriously disrupt
these support resources, would jeopardize the jobs.of those residents currently
employed, and would not constitute adequate replacement housing for such
residents.
c) Due to the above circumstances, spaces in the existing parks in the City represent
an important component of the housing stock of the City especially for senior
citizens and persons of low/moderate incomes.
d) Unless mitigation measures are undertaken, the conversion of
mobile/manufactured home parks to other uses would have a substantial adverse
economic effect upon the homeowners and residents in terms of cost of
relocation, including the significantly higher cost of other types of housing in the
immediate area if such homeowners cannot relocate to other mobile/manufactured
home parks. Mobile/manufactured homeowners often have invested substantial
sums in the acquisition,installation and maintenance of thew
mobile/manufactured home. For most homeowners,these units represent their
sole or principle financial asset. One result of conversion,unless mitigated;can
be the destruction of the value of the mobile/manufactured home. This .
destruction of value could be a direct cost of relocation and would adversely
affect the homeowner's ability to find adequate replacement housing,so that it is .
important to provide reasonable relocation assistance to avoid'such an adverse
effect
e) It is the policy of state law, as enunciated in Government Code Sections 65863:7
and 66427.4,that prior to the conversion of a mobile/manufactured home park to
other uses,or prior to the closure of a park or the cessation of use of the land as a
mobile/manufactured home park, or at the time of filing of a subdivision map for
a subdivision resulting from any such conversion, the proponent of the proposed
change of use must file a report on the impact of such change with the public
agency having jurisdiction over the mobile/manufactured homeppark, and the
agency shall have the power to require measures to be undertaken to mitigate the
adverse impacts of such conversion upon the ability of displaced homeowners to
find adequate replacement housing.
234.03 Applicability
All findings required for removal of the NMI?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 MBP overlay, rezoning from RMP or
change in use shall be required for all property upon which a mobile/manufactured home
park then exists, or upon which a mobile/manufactured home 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) "Change of Use"means a use of a mobile manufactured home park for a purpose
other than the rental, or the holding out for rent,of two or more
mobile/manufactured home sites to accommodate mobile/manufactured homes for
human habitation. "Change of Use" includes,but is not limited to,a change of the
park or any portion thereof to a condominium, stock cooperative,planned unit
development,commercial use, industrial use, or vacant land. "Change of use".
shall not include mere purchase of the park by its existing homeowners.
b) "Comparable Replacement Housing" shall mean housing which is comparable in
floor area and number of bedrooms to the mobile/manufactured home to-which
2
appraiser such appraiser shall be selected by the Presiding Judge of the Superior Court of the County of
Santa Clara. If a third appraiser is selected by the parties, their appraisers, or the court, the value of the
mobile home shall be established at the amount stated in one of the two initial appraisals which is closest
to the amount stated in the third appraisal.The costs and expense of the third appraiser shall be borne
equally by the parties. Nothing herein shall preclude the parties from entering into a good faith agreement
as to the value of the mobile home at any time.
(3) Services of housing experts. All eligible mobile homeowners, except for those not occupying
mobile homes within the mobile home park, and all mobile home tenants of eligible mobile home owners
shall be provided with the services of one or more housing experts to assist them in relocating to
available and appropriate housing upon their request. Any such experts shall be familiar with the housing
market, individual needs for housing types, and income and loan requirements of various types of
housing. Such assistance shall include financial advice, the explanation of the various housing
alternatives available, and transportation of residents who are unable to operate motor vehicles to the
various housing alternatives. Any housing experts selected by the applicant shall be subject to the
approval of the director of community development.
(4) Right of first refusal; below market rate housing on site. All eligible mobile home owners and all
mobile home tenants of eligible mobile home owners shall be provided with a right of first refusal to
purchase housing to be constructed for sale on the site of the mobile home park, or to lease or rent rental
housing to be constructed for lease or rental on such site. Such persons shall also be entitled to first
priority as to purchase or rental of below market rate units which may be constructed on the site of the
mobile home park pursuant to Chapter 19.66 if such persons are otherwise qualified for such housing.
(c) No benefits shall be provided to any person who is renting a mobile home from the owner of the
mobile home park where such tenant shall have executed a written agreement with such mobile home
park owner waiving his or her rights to any such benefits. No such waiver shall be valid unless it contains
the text of this section, and unless such tenant shall have executed a written acknowledgement that he or
she has read and understands his or her rights pursuant to this chapter and knowingly agrees to waive
them.
(d) No waiver by an eligible mobile home owner of any of his or her rights pursuant to this section
shall be valid or effective for any purpose. (Ord. 2623-99§ 1 (part): prior zoning code§ 19.98.070).
Section 19.72.070 Application for exemption from relocation assistance obligations.
(a) Any person who files an application for change of use of a mobile home park may, simultaneous
with such application, file an application for total or partial exemption from the obligation to provide
relocation assistance. The owner of a mobile home park as to whom the director of community
8
development has made a determination pursuant to Section 19.72.030 (b) may also file such an
application for exemption not later than thirty days from the date of transmittal of the notice of
determination by the director of community development.
(b) If such application is filed, notice of such application, with the information contained therein, and
distribution thereof to the owners and occupants of the mobile home park shall be accomplished pursuant
to subsections (a)and (b)of Section 19.72.040.
(c) Any such application shall state that it is made on either or both of the following bases:
(1) That imposition of the full relocation obligations would eliminate substantially all reasonable use
or economic value of the property. Such basis may only be established if it is demonstrated that the
imposition of such obligations would eliminate the reasonable use or economic value of the property for
alternate uses, and that continued use of the property as a mobile home park would eliminate
substantially all reasonable use or economic value of the property.
(2) That a court of competent jurisdiction has determined in connection with a proceeding in
bankruptcy that the closure or cessation of use of the property as a mobile home park is necessary, and
that such court has taken further action which would prohibit or preclude payment of relocation assistance
benefits, in whole or in part.
(d) Any such application made pursuant to subsection (c)(1) shall contain, at a minimum, the
following information:
(1) Statements of profit and loss from the operations of the mobile home park for the most recent
five year period of the date of the application or request, certified by a certified public accountant.
(2) If the applicant contends that continued use of the property as a mobile home park
necessitates repairs or improvements or both, and that the cost thereof makes continuation of the park
economically infeasible, a statement made under penalty of perjury by a general contractor licensed as
such pursuant to the laws of the state of California certifying that such contractor has thoroughly
inspected the entire mobile home park; that such contractor has determined that certain repairs and
improvements must be made to the park to maintain the park in a decent, safe and sanitary condition; the
minimum period of time in which such improvements or repairs must be made; an itemized statement of
such improvements and repairs; and the estimated cost thereof. The applicant shall also submit a
statement verified by a certified public accountant as to the necessary increase in rental rates of mobile
home sites within the park within the next five years necessary to pay for such repairs or improvements. If
the director of community development requires an analysis of the information submitted by the general
contractor, the director may procure the services of another such licensed general contractor to provide
9
such written analysis, and the cost thereof shall be billed to and payment therefor shall be required from
the applicant.
(3) The estimated total cost of relocation assistance which would otherwise be required to be
provided pursuant to this chapter, which shall be based upon documented surveys included with the
application of the available mobile home sites within twenty miles of the mobile home park, residents of
the park who would elect to relocate and those who would elect to sell their mobile homes, and the value
of the mobile homes in the park based upon recent sales of representative mobile homes in the park.
(4) An estimate of the value of the mobile home park by a qualified real estate appraiser if the park
were permitted to be developed for the use proposed in the application for redevelopment of the park,
and an estimate of the value of such park by such appraiser if use of the property as a mobile home park
is continued.
(5) Such other information which the applicant believes to be pertinent, or which may be required
by the director of community development.
(e) Any such application filed pursuant to subsection (c)(2)shall be accompanied by adequate
documentation as to the title, case number and court in which the bankruptcy proceeding was held, and
copies of all pertinent judgments, orders and decrees of such court. (Ord. 2623-99§ 1 (part): prior zoning
code § 19.98.080).
Section 19.72.080 Application for conversion; public hearings;findings.
(a) When a request or application has been made or filed for a general plan amendment, rezoning,
tentative map, special development permit, or use permit for the proposed change of use of a mobile
home park, a public hearing shall be held on the conversion impact report and on any application for
exemption from relocation assistance obligations in conjunction with the public hearings held by the
planning commission and city council on the amendment, rezoning, map or permit.
(b) Every such application shall be considered on appeal by the city council without further action by
the city council.
(c) The planning commission shall recommend that the city council make findings asset forth in this
section on the conversion impact report and on any application for exemption from relocation assistance
obligations.
(d) The city council shall make one of the following findings on the conversion impact report:
10
s • .
(1) That the conversion impact report complies with the requirements of this chapter.
(2) That the conversion impact report does not comply with one or more requirements of this
chapter. In such instance, the city council shall indicate in which respects the report does not comply with
any such requirement. If the project is approved, the city council may condition such approval upon
amendments to the relocation plan.
(e) Where an exemption from relocation assistance has been applied for based upon the impact of
such assistance upon the reasonable use of the property pursuant to Section 19.72.070 (c)(1)the city
council shall make one of the following findings:
(1) That the applicant shall not be exempt from relocation assistance obligations because sufficient .
evidence has not been shown that both of the following are true: that the continued use of the property as
a mobile home park would eliminate substantially all reasonable use of such property, and that the cost of
relocation assistance benefits which would otherwise be required by this chapter for alternative uses
would eliminate substantially all reasonable use or economic value of the property for such uses.
(2) That the applicant or owner shall be exempt from relocation assistance obligations, in whole or
in part, because he or she has shown sufficient evidence that continued use of the property as a mobile
home park would eliminate substantially all reasonable use or economic value of such property, and that
imposition of such obligations, in whole or in part, would eliminate substantially all reasonable alternate
use or economic value of the property. In making such determination the city council may take into
account the financial history of the mobile home park, its condition and the condition of amenities and
improvements thereon, the cost of any necessary repairs, improvements or rehabilitation of such park,
the estimated cost of relocation assistance benefits, the fair market value of the property for the proposed
alternative use, the fair market value of the property for continued use as a mobile home park, and other
pertinent evidence presented. In rendering its decision, the city council shall have the power to eliminate
or waive all or portions of any type of benefit which would otherwise be applicable and shall expressly
indicate in its decision any such waiver or elimination and the degree thereof.
(f) Where an exemption from relocation assistance has been applied for based upon bankruptcy
proceedings pursuant to Section 19.72.070(c)(2)the city council shall make one of the following findings:
(1) That the application or project shall be exempt from relocation assistance obligations, in whole
or in part, because a court of competent jurisdiction has determined in connection with a proceeding in
bankruptcy that the closure or cessation of use of the property as a mobile home park is necessary, and
because such court has taken further action which would prohibit or preclude payment of such benefits,
whether in whole or in part. In rendering its decision, the city council shall have the power to eliminate or
11
waive all or portions of any type of benefit to the extent necessary to comply with the judgment, order or
decree of the court.
(2) That the applicant shall not be exempt from any relocation assistance obligations based upon
any actions of a court of bankruptcy, because sufficient evidence has not been shown that any such court
has ordered the closure or cessation of use of the property as a mobile home park, or that such court has
prohibited or precluded the payment of any such benefits or both.
(g) No request or application for an amendment to the general plan or zoning ordinance, or approval
of a tentative map, special development or use permit for change of use of a mobile home park shall be
approved unless and until the city council shall have determined that the conversion impact report
complies with the requirements of this chapter.The approval of an exemption from relocation assistance
obligations shall have the effect of elimination of the requirement of such portion of the conversion impact
report. If such conversion impact report is determined not to comply with the requirements of this chapter,
the aforementioned request or amendment shall not be considered further unless and until the report is
revised, a public hearing upon appropriate notice is conducted thereon, and the report is determined to be
in compliance with the requirements of this chapter. (Ord. 2623-99 § 1 (part): prior zoning code §
19.98.090).
Section 19.72.090 Obligations of applicant or mobile home park owner after approval of conversion
impact report.
After the date of determination that the conversion impact report complies with the requirements of this
chapter, the applicant shall undertake or be responsible for performance of the following obligations,
except to the extent that the city council may have exempted the application therefrom.
(a) Not later than thirty days from the date of such determination, the housing specialist or specialists
shall make personal contact with each resident of the mobile home park and commence consultations to
determine the proper relocation assistance to be provided. The housing specialist or specialists shall give
each resident and former resident eligible to receive relocation assistance written notice of his or her
relocation assistance and benefit options, the time limits within which he or she must select the desired
option, one or more copies of a standard form to be used for the resident to make his or her selection,
and a designation of the person and place to whom and to which completed forms must be submitted.
(b) Not later than four months from the date of such determination residents who are entitled to make
elections between alternate benefits shall make such selection in writing. Such selection shall be
submitted to the park owner or applicant, as the case may be, on a form provided by the housing
specialist.
12
' i r
(c) Not less than thirty-five days prior to the date any resident is required to vacate the mobile home
park, any cash or monetary relocation assist shall be paid to such resident, to any former resident eligible
for such assistance, or to any person, firm or corporation performing relocation related services for the
resident, as the resident may direct. If the applicant elects to take title to a mobile home pursuant to
Section 19.72.060 (b)(2)(ii), the owner of the mobile home shall be required to submit to the applicant all
documents necessary to transfer complete title and ownership of such mobile home to the applicant, free
and clear of all security interests, liens, or other encumbrances.
(d) Not more than six months from the date of such determination, any required appraisals of mobile
homes shall be completed. If any such appraisal is incomplete due to any act or omission of the mobile
home park owner or applicant the otherwise required time for vacation of the mobile home park by the
residents affected by such delay shall be extended by ninety days. If any such appraisal is incomplete
due to any act or omission of a mobile home owner, the owner of the mobile home park or the applicant,
as the case may be, shall give the owner of the mobile home a written notice of such deficiency, which
shall state that if the appraisal is not completed within thirty.days of.the notice, the appraisal of the mobile
home park owner or applicant, as the case may be, shall govern. If the owner of such mobile home does
not complete such appraisal within such period, the required valuation of the mobile home shall be based
upon the appraisal of the mobile home park owner or applicant, as the case may be. In addition, not more
than six months from the date of such determination, the applicant or owner of the mobile home park, as
the case may be, shall enter into contracts with moving contractors necessary for the relocation of mobile
homes or personal property, or both.
(e) The date upon which any resident of the mobile home park is required to vacate such park, or
upon which the owner of any mobile home is required to be removed from the mobile home park shall be
not less than six months from the date of notice of termination of tenancy and not less than thirty-five
days from the date of payment of any required relocation benefits.
(f) If the owner of the mobile home park or the applicant, on such application, specifically requests
that any of the time limitations required by this section be modified, the city council shall consider any
such modification and evidence relating to the need therefor at the public hearing on the conversion
impact report. The city council shall have the power to make modifications in such time limits, both in
response to a request and on its own motion; in conjunction with any approval of a conversion impact
report, as the city council may deem just and reasonable. (Ord. 2623-99§ 1.(part): prior zoning code §
19.98.100).
Section 19.72.100 Payment of relocation assistance benefits--Prerequisite to issuance of building permit
to redevelop park.
13
No building permit shall be issued for the development of any real property which has been or is being
converted from a mobile home park pursuant to this chapter unless and until the applicant or the owner of
the property, as the case may be, who is responsible for payment of any required monetary relocation
assistance, shall have filed with the director of community development a verified statement made under
penalty of perjury that relocation assistance payments required pursuant to this chapter have been paid.
Such statement shall specify in itemized form each payee, the amount paid, the date of payment, and the
type of relocation or other assistance for which each such payment was made. (Ord. 2623-99§ 1 (part):
prior zoning code § 19.98.110).
14
Town of Windsor, California
TITLE VIII MOBILE HOME REGULATIONS
CHAPTER 2. CONVERSION OF MOBILE PARKS TO OTHER USES 8-2-100 Findings.
The Town Council hereby does find and determine that the following local conditions and circumstances
exist within the Town of Windsor and that they make necessary and appropriate the regulations contained
within this ordinance:
a. Statistically, the mobile home park vacancy rate averages under one(1%) percent, with a shortage of
parks, and no new ones being built.The cost of moving a mobile home today is exorbitant and averages
over six thousand ($6,000.00)dollars. Over fifty(50%) percent of the residents are over sixty-five(65)--
social security is the primary source of income for over seventy(70%) percent and many residents are
either single or widowed. This is affordable housing and needs to be preserved.There is a great need to
prevent excessive space rent increases which could result in threats to health and safety and possible
economic eviction.
b. Closure of such a park would have a substantial adverse economic effect on these residents.When a
mobile home in an existing park is sold it is generally sold in place; a mobile home in an existing park is
not often moved from its location once it has been placed in a park.There are a few vacant spaces in the
mobile home parks within the immediate vicinity of the Town, and the number of vacant spaces in
Sonoma County is small. Relocating homeowners in an area in excess of thirty(30) miles from their
existing home creates a special hardship, particularly for elderly residents, who need to be in social
service support networks. A move in excess of thirty(30) miles would seriously disrupt these support
resources, would jeopardize the jobs of those residents currently employed, and would not constitute
adequate replacement housing for such residents.
c. Due to the above circumstances, spaces in the existing mobile home park in the Town represent an
important component of the housing stock of the Town especially for senior citizens and persons of
low/moderate incomes.
d. Unless mitigation measures are undertaken, the conversion of mobile home parks to other uses would
have a substantial adverse economic effect upon the homeowners and residents in terms of cost of
relocation, including the significantly higher cost of other types of housing in the immediate area if such
homeowners cannot relocate to other mobile home parks. Mobile home owners often have invested
substantial sums in the acquisition, installation and maintenance of their mobile homes. For most
residents, these units represent their sole or principal financial asset. One result of conversion, unless
mitigated, can be the destruction of the value of the mobile home. This destruction of value would be a
1
i •
direct cost of relocation and would adversely affect the homeowners'ability to find adequate replacement
housing, so that it is important to provide reasonable relocation assistance to avoid such an adverse
effect.
e. It is the policy of State law, as enunciated in Government Code Sections 65863.7 and 66427.4, that
prior to the conversion of a mobile home park to other uses, or prior to the closure of a park or the
cessation of use of the land as a mobile home park, or at
the time of filing of a subdivision map for a subdivision resulting from any such conversion, the proponent
of the proposed change of use must file a
report on the impact of such change with the public agency having jurisdiction over the mobile home park,
and the agency shall have the power to require measures to be undertaken to mitigate the adverse
impacts of such conversion upon the ability of displaced residents to find adequate replacement housing.
(Ord. No. 95-58§ 1)
8-2-105 Purpose.
It is the purpose of this chapter to provide for procedures and standards for the conversion, closure, or
cessation of use of a mobile home park so as to implement State law, to mitigate the adverse impacts of
park closure on the displaced residents' ability to find adequate replacement housing, taking into account
the particular local conditions existing within the Town of Windsor, while providing economically viable
and reasonable use of the mobile home park land to park owners. This chapter will serve to inform park
owners and homeowners of their respective rights and obligations, including specific identification of the
reasonable costs of relocation so as to promote certainty between the parties and to achieve the
purposes of this chapter. It is important to adopt these standards both for existing and future parks, so
that both existing and future park owners and homeowners are apprised of their obligations and rights.
(Ord. No. 95-58 § 2)
8-2-110 Definitions.
As used in this chapter, the following words and phrases shall have the following meanings:
a. Change of use shall mean a use of a mobile home park for a purpose other than the rental, or the
holding out for rent, of two(2)or more mobile home sites to accommodate mobile homes for human
habitation. Change of use includes, but is not limited to, a change of the park or any portion thereof to a
condominium, stock cooperative, or any form of,ownership wherein spaces within the park are to be sold,
2
and the cessation of use of all or a portion of the park, whether immediately or on a gradual basis, or the
closure of the park. Change of use shall not include mere purchase of the park by its existing residents.
b. Commercial coach shall mean a structure transportable in one(1)or more sections, designed and
equipped for human occupancy for industrial, professional or commercial uses and shall include a trailer
coach as defined in Section 635 of the Vehicle Code.
c. Comparable housing shall mean housing which is comparable in floor area and number of bedrooms to
the mobile home to which comparison is being made, which housing meets the minimum standards of the
State Uniform Housing Code.
d. Comparable mobile home park shall mean any other mobile home park substantially equivalent in
terms of park condition amenities and other relevant factors.
e. Date of application for change of use shall mean the date of filing of an application for rezoning,
General Plan amendment, use permit, site development permit or other discretionary development
approval under the Town Code, which application seeks approval of a change of use of a mobile home
park.
f. Eligible mobile home owner shall mean a mobile home owner whose mobile home was located in a
mobile home park on the earlier of the following:
1.The date of application for a change of use;
2.The date of filing of a notice of determination that the park is undergoing a change of use pursuant to
Section 8-2-125 if such notice was filed.
g. Homeowner shall mean the registered owner or owners of a mobile home, who has a tenancy in a
mobile home park under a rental agreement.
h. Mobile home shall mean:
1. A structure designed for human habitation and for being moved on a street or highway under permit
pursuant to Section 35790 of the Vehicle Code;
2. A mobile home, as defined in Section 18008 of the Health &Safety Code; or,
I
3. A manufactured home, as defined in Section 18007 of the Health & Safety Code.
i. Mobile home does not include:
3
• •
1.A recreational vehicle;as defined in Section 799.29 of the Civil Code and Section 18010 of the Health
&Safety Code, except when such a vehicle has continuously remained within a mobile home park for a
period in excess of nine (9) months;
2.A commercial coach, as defined in Section 18001.8 of the Health and Safety Code; or
3. Factory-built housing, as defined in Section 19971 of the Health & Safety Code.
j. Mobile home park shall mean an area of land where two(2)or more mobile home sites are rented, or
held out for rent, to accommodate mobile homes used for human habitation, including areas of land
zoned or otherwise approved for use as a mobile home park pursuant to the Town Code.
k. Mobile home site shall mean an area within a mobile home park shown as being occupied by or
designated for occupancy by an individual mobile home.
I. Mobile home tenant shall mean a person who occupies a mobile home within a mobile home park
pursuant to a bona fide lease or rental agreement with the mobile home owner and who, during his or her
tenancy, was not the owner or member of the immediate household of the mobile home owner.
m. Resident shall mean a person lawfully residing in a mobile home park, and includes a mobile home
owner, mobile home tenant or member of the immediate household of the mobile home owner or mobile
home tenant.
(Ord. No. 95-58§ 4)
8-2-115 Duty of Town Manager to Maintain List of Housing Specialists.
The Town Manager shall compile and maintain a list of persons,firms and organizations with proven
expertise in the fields of housing and relocation of persons displaced from housing.Those listed shall be
familiar with the region's housing market and qualified to assist residents in locating replacement housing,
to render financial advice on qualifying for various housing types, to explain the range of housing
alternatives available, to gather and present to persons needing housing relocation assistance adequate
information as to available housing, and shall be able to transport persons unable to drive to housing
alternatives. (Ord. No. 95-58§4)
8-2-120 Mobile Home Park Conversion Impact Report; Data on Homeowners and Mobile Home Tenants--
Duty to File.
4
a. Any person who files an application for a rezoning, General Plan amendment, subdivision map, use
permit, site development permit or for any other discretionary development approval under the Town
Code for the purpose of a change of use of a mobile home park shall file a report on the impact of the
change of use upon the residents of the mobile home park in compliance with the requirements of this
section not later than the date of filing of the first such application necessary to authorize such change of
use. No such application shall be considered or deemed completed or processed for consideration and
approval unless and until such conversion impact report shall have been filed as required by this section.
Copies of the report shall be made available upon demand at the on-site office in the proposed project,
during regular business hours, to mobile home owners and mobile tenants.
.b.The report shall address the availability of adequate replacement housing in mobile home parks and
the costs of relocating displaced residents. In order to adequately evaluate and address those issues, the
report shall contain the following information:
1. A legal description of the park.
2. The number of mobile home spaces in the park, length of residency for each resident of each space,
and current rental amount for each space.
3. The names, mailing addresses, and mobile home site identification numbers of all persons owning
mobile homes within the mobile home park and of all mobile home tenants within a period commencing
on the earlier of the following dates:
(a)The date of application for change of use;
(b)The date of filing of a notice of determination that the park is undergoing a change of use pursuant to
Section 8-2-125 if such notice was filed prior to the application.
4. The number of residents in each space, their age, and the number of residents who are handicapped
or have minor children.
5. Information on whether residents have been offered the opportunity to buy the park.
6. Notification by converter to residents at least ninety(90)days in advance of filing the report.
7.The age of each mobile home within such park, including the type of mobile home,width
characteristics, size, and number identifying the mobile home site being occupied.
5
8. A property report describing the condition and estimating the remaining useful life of each of the
following elements of each applicable structure and system situated within the project proposed for
conversion, excluding mobile homes: roofs,foundations, exterior paint, paved surfaces, mechanical
systems, electrical systems, plumbing systems, sewage systems, swimming pools, sprinkler systems for
landscaping, utility delivery systems, central or community heating and air conditioning systems, fire
protection systems including any automatic sprinkler systems, alarm systems or standpipe systems, and
structural elements. For an element whose useful life is less than five (5)years, a replacement cost
estimate shall be provided. Such report shall be prepared by an appropriately licensed contractor or
registered civil or structural engineer.
9. A boundary map showing the location of all existing easements, structures, mature and/or scenic trees,
and other improvements upon the property.
10. A list of vacant mobile home sites in comparable mobile home parks within the Town of Windsor. The
list shall contain a schedule of site rental rates for each park listed and the criteria of the management of
each park for acceptance of new tenants and used mobile homes.
11. List of known available alternative housing in Sonoma County and rents.
12. A designation of the names, addresses and telephone numbers of one (1)or more housing specialists
from the list compiled by the Town Manager pursuant to Section 8-2-120, and the names, addresses and
telephone numbers and fee schedules of persons qualified as mobile home movers and of persons who
are qualified appraisers of mobile homes. There shall be included an explanation of the services which
the housing specialists will provide. The applicant may designate other housing specialists, mobile home
movers, and appraisers; provided, however, that use of any such persons pursuant to this chapter shall
be subject to approval by the Town Manager_
13. A relocation plan, which will include a timetable for implementing the physical relocation of mobile
homes and the implementation of relocation assistance.
14. The proposed organizational documents and true copies of any and all documents submitted to the
California Department of Real Estate for the proposed conversion project if applicable.
15. Description of proposed new use of mobile home park.
16. Such other documents or information as the Town Manager may reasonably require to further the
purposes of this chapter.
(Ord. No. 95-58§ 5)
6
8-2-125 Occupancy of Park Below Twenty(20%) Percent--Filing of Notice.
a.Whenever twenty(20%) percent or more of the total number of mobile home sites of a mobile home
park are uninhabited and such situation was not caused by physical disaster, including but not limited to,
fire, flood, storm, earthquake, landslide, or by another condition beyond the control of the owner of the
mobile home park, the owner of such park shall file with the Town Manager a written notice to such effect.
For purposes of this chapter, a mobile home site is"uninhabited"when it is either(1)unoccupied by a
mobile home, or(2)occupied by a mobile home in which no persons reside. The existence of the
condition described in this section, when determined by the procedures of this section, shall be deemed a
"change of use"for purposes of this chapter.
b.Whenever a resident of a mobile home park or other interested person has reason to believe that such
park is uninhabited and that such situation was not caused by physical disaster, including but not limited
to fire, flood, storm, earthquake, landslide, or by another condition beyond the control of the owner of the
mobile home park, such resident may file a written statement to that effect with the Town Manager. Such
statement shall indicate the particular sites which the resident or other interested person believes to be
uninhabited. Upon receipt of such statement, the Town Manager shall cause an investigation and
inspection to be conducted as to the correctness of such statement. Upon completion of the investigation
and inspection, he or she shall conduct a public hearing as to the correctness of the statement. At the
hearing the owner of the mobile home park and any interested person thereof may present evidence as to
the correctness of the statement. At the conclusion of the hearing, the Town Manager shall make a
determination as to whether the statement is or is not correct and whether the mobile home park is
undergoing a change of use.
c. Upon the filing of a notice pursuant to paragraph a. or the making of the determinations pursuant to
paragraph b., the Town Manager shall transmit to the owner of the mobile home park a written notice by
certified mail, return receipt requested, or by personal service, which notice shall state, if a notice was
filed pursuant to paragraph a., that the mobile home park is determined to be undergoing a change of
use, or, if the determination was made pursuant to paragraph b., or, if the determination was made
pursuant to paragraph b., that such park is determined to be undergoing or not to be undergoing a
change of use, as the case may be. If the determination was made pursuant to paragraph b., written
notice thereof shall be given to the owner or the mobile home park, the person who filed the statement
and the mobile home park residents. A notice of determination of change of use shall also direct the
owner to prepare a report pursuant to Section 8-2-120 and the Town Manager shall establish a
reasonable period of time for the preparation of such-report. Upon the filing of a completed report, a
hearing date before the Planning Commission will be set by the Council.
7
d. The determination of the Town Manager pursuant to paragraph b. may be appealed by the person who
filed the statement, by the owner of the mobile home park, or by any other interested person by filing a
written notice of appeal with the Town Clerk not more than fifteen (15)calendar days after the date of the
notice of determination. The Town Council shall conduct a hearing on the appeal. At the conclusion
thereof the Town Council shall render a decision on the correctness of the statement and determination.
e.The provisions of this section shall not be applicable if an application for conversion of a mobile home
park has been filed pursuant to this chapter prior to the filing of a notice pursuant to paragraph a., or of a
written statement pursuant to paragraph b., where such application is pending.
f. For purposes of the ensuing sections of this chapter, the owner of a mobile home park whose mobile
home park shall have been determined by the Town Manager to be undergoing a change of use shall be
deemed to be an"applicant'.
(Ord. No. 95-58§ 6)
8-2-130 Conversion Impact Report; Information Meeting(s); Notice and Distribution to Homeowners and
Tenants. .
a. Not less than fifteen (15) days prior to the scheduled public hearing before the Planning Commission
on the report, the applicant shall transmit to the homeowner and to any tenant of each mobile.home
occupying a mobile home site within the park and to all other persons described in Section 8-2-120b. a
copy of the report, a copy of this chapter, and notices of the dates, times and places of the public hearing
on the report and the informational meeting required to be held pursuant to paragraph c.
b. Not less than ten (10)days prior to the date of the public hearing, the applicant shall cause to be filed
with the Town Manager a statement under penalty of perjury that he or she has complied with the
requirements of this section pertaining to transmittal of copies of the report and copies of this chapter, and
to the notices of the public hearing on the report and on the informational meeting or meetings.
c. Not less than ten (10)days prior to the scheduled public hearing before the Planning Commission on
the report, the applicant shall conduct an informational meeting for the residents of the mobile home park
regarding the status.of the application for conversion or the impending change of use, the timing of
proposed relocation of residents, proposed relocation costs and assistance, and the contents of the
report. The meeting shall be conducted on the premises of the mobile home park. The housing specialist
or specialists designated in the report shall be present at such meeting.
8
d. Not less than five (5)days prior to the public hearing on the report, the applicant shall file with the Town
Manager a statement made under penalty of perjury that he or she has complied with the requirements of
paragraph c. Such statement shall state the date, time, and place where such meeting was conducted.
(Ord. No. 95-58§ 7)
8-2-135 Mitigation of Adverse Impacts and Reasonable Costs of Relocation.
a. The applicant shall include within the report the steps the owner proposes to mitigate any adverse \
impact on the ability of displaced park residents to find adequate housing in a mobile home park,
including the reasonable costs of relocation. The Town Council, upon reviewing the report and
recommendation of the Planning Commission, shall require the applicant to take steps to mitigate such
adverse impact which shall not exceed the reasonable costs of relocation, except where and to the extent
that any such applicant shall have been exempted from any such requirement pursuant to Section 8-2-
140.
1. As used in this section, the reasonable costs of relocation shall include: the cost of relocating a
displaced homeowners' mobile home, accessories and possessions to a comparable mobile home park
within thirty(30) miles of its existing location, including costs of disassembly, removal, transportation, and
reinstallation of the mobile home and accessories at the new site, and replacement or reconstruction of
blocks, skirting, siding, porches, decks, awnings or earthquake bracing if necessitated by the relocation;
indemnification for any damage to personal property of the resident caused by the relocation; reasonable
living expenses of displaced park residents from the date of actual displacement until the date of
occupancy at the new site; payment of any security deposit required at the new site; and the difference
between the rent paid in the existing park and any higher rent at the new site for the first twelve (12)
months of the relocated tenancy.
2. If the Town Council determines that a particular mobile home cannot be relocated to a comparable
mobile home park within thirty(30) miles of its existing location, and the homeowner has elected to sell
his or her mobile home, the reasonable costs of relocation shall include the cost of purchasing the mobile
home of a displaced home owner at its in-place market value. Such value shall be determined after
consideration of relevant factors, including the value of the mobile home in its current location, assuming
the continuation of the mobile home park in a safe, sanitary and well-maintained condition, and not
i
considering the effect of the change of use on the value of the mobile home. Any interested person may
present evidence on any relevant factors in determining in-place value.The appraisal is to be made no
more than sixty(60)days prior to its submittal.
3. All eligible homeowners and all mobile home tenants of eligible homeowners shall be provided with the
services of one(1)or more housing experts to assist them in relocating to available and adequate
9
housing-upon their request. Any such experts shall be those approved pursuant to Section 8-2-120b., 12.
herein.
4. For those who move to a multiple or two (2)-family dwelling, provision of a rent subsidy for up to
twenty-four(24) months. Rent shall not exceed the fair market rent for new construction and substantial
rehabilitation for the Sonoma County area as established by the U.S. Department of Housing and Urban
Development. "Rent subsidy' is the difference between the rent of the multiple or two (2)-family dwelling
and the rent of the mobile home space or mobile home on the date of the notice of intention to convert.
b. No benefits shall be provided to any person who is renting a mobile home.from the owner of the mobile
home park where such person shall have executed a written agreement with such mobile home park
owner waiving his or her rights to any such benefits. No such waiver shall be valid unless it contains the
text of this section, and unless such person shall have executed a written acknowledgment that he or she
has read and understands his or her rights pursuant to this chapter and knowingly agrees to waive them.
c. In order to facilitate the intentions of the homeowners or tenants and an applicant for a change of use
with regard to a change of use, the parties may agree to other mutually satisfactory relocation assistance.
To be valid such an agreement shall be in writing, shall include a provision stating that the homeowner or
tenant is aware of the provisions of this ordinance, shall include a copy of this ordinance as an
attachment, shall include a provision in at least ten (10) point type which clearly states the right to seek
and the importance of obtaining an attorney's advice prior to signing the agreement, and shall be drafted
in form and content otherwise required by applicable State law. No person signing a relocation assistance
agreement provided for in this section may contest the adequacy of the report at the hearing on such
report.
d. No waiver by an eligible mobile home owner or mobile home tenant of any of his or her rights pursuant
to this section shall be valid or effective for any purpose except with regard to a relocation assistance
agreement as provided in paragraph c. herein.
(Ord. No. 95-58§ 8)
8-2-140 Application for Exemption from Relocation Obligations.
a. Any person who files an application for change of use of a mobile home park may, simultaneously with
such application, file an application for total or partial exemption from the obligation to provide relocation
costs and assistance pursuant to Section 8-2-135. The owner of a mobile home park as to whom the
Town Manager has made a determination of change of use pursuant to Section 8-2-125 may also file
such an application for exemption not later than thirty(30)days from the transmittal of the notice of
determination by the Town Manager pursuant to Section 8-2-125.
10
b. If such application is filed, notice of such application, with the information contained therein, distribution
thereof to the residents of the mobile home park, and discussion of the application at the informational
meeting shall be accomplished pursuant to Section 8-2-130.
c. Any such application shall state that it is made on either or both of the following bases:
1.That imposition of the full relocation obligations would eliminate substantially all reasonable use or
economic value of the current use or of alternative use of the property.
2.That a court of competent jurisdiction has determined in connection with a proceeding in bankruptcy
that the closure or cessation of use of the property as a mobile home park is necessary, and that such
court has taken further action which would prohibit or preclude payment of relocation assistance benefits,
in whole or in part.
d. Any such application made pursuant to paragraph c., 1. shall contain adequate documentation that the
conditions set forth in paragraph c. exist.The Town Manager may request such additional documentation,
reports and information as he or she deems necessary to evaluate the application. Such information may
include:
1. Statements of profit and loss from the operations of the mobile home park for the most recent five(5)
year period of the date of the application or request, certified by a certified public accountant.
2.The estimated total of relocation costs which would otherwise be required to be provided pursuant to
this chapter, which shall be based upon documented surveys of available mobile home sites within
Sonoma County, residents of the park who would elect to relocate and.those who would elect to sell their
mobile homes, and the value of the mobile homes in the park based upon recent sales of representative
mobile homes in the park.
3. An estimate of the value of the mobile home park by a qualified real estate appraiser if the park were
permitted to be developed for the use proposed in the application for change of use of the park, and an
estimate of the value of such park by such appraiser if use of the property as a mobile home park is
continued.
4. Such other information which the applicant believes to be pertinent or which may be required by the
Town Manager.
e. Any such application filed pursuant to paragraph c., 2. shall be accompanied by adequate
documentation as to the title, case number, and court in which the bankruptcy proceeding was held, and
copies of all pertinent judgments, orders, and decrees of such court.
11
(Ord. No. 95-58§ 9)
8-2-145 Application for Conversion; Public Hearings; Findings.
a.When a request or application has been made or filed under a General Plan amendment, rezoning,
tentative map, use permit, site development permit or other discretionary development permit for the
proposed change of use of a mobile home park, a public hearing shall be held on the report and on any
application for exemption from relocation assistance obligations either in conjunction with or prior to the
public hearings held by the Planning Commission and Town Council on the amendment, rezoning, map,
or permits sought.
b.The Planning Commission shall make a recommendation to the Town Council on the adequacy of the
report, or on any application for exemption from relocation obligations.
c. Upon receipt of the Planning Commission' s recommendations, the Town Council shall hold a public
hearing and shall make one (1)of the following determinations:
1.That the report does or does not comply with the requirements of the Town Code. If the Town Council
determines that the conversion impact report does not comply with one (1)or more requirements of the.
Town Code, the Town Council shall indicate in which respects the report does not comply with any such
requirement. If land use permits for the change of use are approved, the Town Council may condition
such approvals upon specified amendments to the report.
2. That specified conditions shall be imposed upon the change of use to mitigate adverse impacts upon
the ability of displaced homeowners and tenants to find adequate replacement housing in a mobile home
park and to require that reasonable costs of relocation be paid as set forth in the Town Code.
3. Where an application for an exemption from relocation assistance has been made the Town Council
shall make one (1)of the following findings:
(a)That the applicant shall not be exempt from relocation assistance obligations because sufficient
evidence has not been shown that the cost of relocation which would otherwise be required by this
chapter would eliminate substantially all reasonable use or economic value of the property for alternative
uses.
(b)That the applicant or owner shall be exempt from relocation assistance obligations, in whole or in part,
because he or she has shown sufficient evidence that imposition of such obligations, in whole or in part,
would eliminate substantially all reasonable alternate use or economic value of the property. In making
such determination, the Town Council may take into account the financial history of the mobile home
12
i
park, its condition and the condition of amenities and improvements thereon, the cost of any necessary
repairs, improvements or rehabilitation of such park, the estimated costs of relocation, the fair market
value of the property for the proposed alternative use, the fair market value of the property for continued
use as a mobile home park, and any other pertinent evidence requested or presented. In rendering its
decision, the Town Council shall have the power to eliminate or waive all or portions of any type of benefit
which would otherwise be applicable and shall expressly indicate in its decision any such waiver or
elimination and the extent thereof.
d.Where an application for exemption from relocation assistance has been made based upon bankruptcy
proceedings pursuant to Section 8-2-140c., 2. the Town Council may make the following findings: "That
the application or project shall be exempt from relocation assistance obligations, in whole or in part,
because a court of competent jurisdiction has determined in connection with a proceeding in bankruptcy
that the closure or cessation of use of the property as a mobile home park is necessary, and because
such court has taken further action which would prohibit or preclude payment of such benefits, whether in
whole or in part."
e. No request or application for an amendment to the General Plan or zoning ordinance, approval of a
tentative map, use permit, site development permit or other discretionary development permit for change
of use of a mobile home park shall be approved unless and until the Town Council shall have first
determined that the report complies with the requirements of this chapter. The approval of a total
exemption from relocation assistance obligations shall have the effect of elimination of the requirement of
such portion of the report. If such report is determined not to comply with the requirements of this chapter,
the aforementioned requests or amendments shall not be considered further unless and until the report is
revised, a public hearing upon appropriate notice is conducted thereon, and the report is determined to be
in compliance with the requirements of the Town Code.
(Ord. No. 95-58§ 10)
8-2-150 Obligations of Applicant or Mobile Home Park Owner After Approval of Report.
After the date of determination that the report complies with the requirements of this chapter, the
applicant shall undertake or be responsible for performance of the following obligations, except to the
extent that the Town Council may have exempted the application therefrom pursuant to Section 8-2-145.
a. Not later than thirty(30)days from the date of such determination, the housing specialist or specialists
shall make personal contact with each resident of the mobile home park and commence consultations to
determine the applicable relocation costs and assistance to be provided.The housing specialist or
specialists shall give each resident and former resident eligible to receive relocation assistance written
13
notice of his or her rights to relocation assistance as determined by the Town Council under the Town
Code.
b. Not less than one hundred twenty(120)days prior to the date any resident is required to vacate the
mobile home park, any cash or monetary relocation costs required by this chapter shall be paid to such
resident, to any former resident eligible for such costs, or to any person, firm or corporation performing
relocation related services for the resident, as the resident may direct. If the applicant purchases the
mobile home pursuant to Section 8-2-135, the owner of the mobile home shall be required to promptly
submit to the applicant all documents necessary to transfer complete title and ownership of such mobile
home to the applicant,free and clear of all security interests, liens, or other encumbrances.
c. The date upon which any resident of the mobile home park is required to vacate such park, or upon
which any mobile home is required to be removed from the mobile home park, shall be not less than six
(6) months from the date of notice of termination of tenancy pursuant to Civil Code Section 798.56(f).
d. If the owner of the mobile home park, the applicant, homeowner or tenant specifically requests that any
of the time limitations required by this section be modified, the Town Council shall consider any.such
modification and evidence relating to the need therefore at the public hearing on the report. The Town
Council shall have the power to make modifications in such time limits, both in response to a request and
on its own motion in conjunction with any approval of the report, as the Town Council may deem just and
reasonable:
e. All mitigation measures imposed in the approval of the report shall be fully performed as to each
resident prior to or concurrently with that resident's required vacation of the mobile home park, unless
otherwise provided in the mitigation measure. No resident shall be required to vacate a space unless the
owner is in full compliance with all mitigation measures imposed pertaining to such resident, and has
otherwise fulfilled the notification requirements above.
(Ord. No. 95-58 § 11)
8-2-155 Payment of Relocation Assistance Benefits--Prerequisite to Issuance of Building Permit to
Redevelop Park.
No building permit shall be issued for the development of any real property which has been or is being
converted from a mobile home park to another use pursuant to the Town Code unless and until the
applicant or the owner of the property, as the case may be, who is responsible for payment of any
required monetary relocation assistance, shall have filed with the Town Manager a verified statement
made under penalty of perjury that relocation assistance payments required pursuant to this chapter have
been paid. Such statement shall specify in itemized form each payee, the amount paid, the date of .
14
payment, and the type of relocation or other assistance for which each such payment was made. (Ord.
No. 95-58§ 12)
8-2-160 Code Compliance.
The proposed conversion to another use shall comply with all applicable Town, County, and State codes
and regulations regarding health and safety. If the project does not comply with the codes and regulations
at the time of approval of a Conditional Use Permit or Planned Development Permit for the project, a code
compliance bond shall be submitted as required in Section 8-2-165. (Ord. No. 95-58§ 13)
8-2-165 Code Compliance Bond.
If a proposed mobile home conversion to another use does not comply with provisions of Section 8-2-160
and/or the Building Official identifies items to be corrected pursuant to that section, any Conditional Use
Permit or Planned Development Permit issued pursuant to the Town Code shall require the developer to
furnish a bond in an amount equal to the reasonable estimated cost of code compliance. The bond shall
run in favor of individual purchasers.The bond shall provide for reasonable attorney's fees in the event of
default by the principal. (Ord. No. 95-58§ 14)
8-2-170 Effectiveness of Permit
A Conditional Use Permit or Planned Development Permit issued under the Town Code for a mobile
home conversion to another use may be issued prior to the time compliance has been made with the
codes and regulations as hereinabove provided in Section 8-2-160, but such permit shall not become
effective unless and until compliance has been made as provided in each permit. (Ord. No. 95-58§ 15)
8-2-175 Recreational Open Space.
Without limiting the generality of the provisions relating to conditions which may be imposed upon a
development permit issued under the Town Code, the Planning Director, Planning Commission or Town
Council may make any Conditional Use Permit or Planned Development Permit for conversion to a mobile
home conversion to another use subject to a condition requiring recreational open space in a manner and
to the extent it deems reasonably necessary to achieve the purposes of this chapter. (Ord. No. 95-58§
16)
8-2-180 Documents Furnished to Prospective Purchasers.
The developer shall furnish each prospective purchaser of an interest in a condominium mobile home
park or community mobile home park pursuant to a conversion to another use a true copy of the
15
Conditional Use Permit or Planned Development Permit issued under the Town Code and of each
document required, by State law and the regulations of the California Department of Real Estate, to be
provided to such prospective purchaser. (Ord. No. 95-58 § 17)
8-2-185 Capital Contributions and Warranties.
Without limiting the generality of the provisions relating to conditions which may be imposed upon a
Conditional Use Permit or Planned Development Permit under the Town Code, the Planning Director,
Planning Commission or Town Council may make any Conditional Use Permit or Planned Development
Permit which may be granted under this part subject to conditions requiring the following:
a. A capital contribution provided by the developer for the deferred maintenance of the common area, and
the deferred maintenance or replacement of any of the elements described in the property report which
are owned or maintained by any homeowner's association. Information available regarding the estimated
replacement cost of those elements whose useful life is less than five (5)years may be used in
determining the amount of such contribution.
b. A one (1)-year warranty provided free of charge by the developer for those systems described in the
property report, as hereinabove specified, which are owned or maintained by the association. Such
warranty need not cover those systems which may be covered by a substantial capital contribution by the
developer for deferred maintenance.
(Ord. No. 95-58§ 18)
8-2-190 Expiration and Extension of Report.
Because of changing conditions over time, the conversion impact report will become automatically null
and void if the conversion has not occurred within eighteen (18) months of its effective date unless prior
to the date of expiration it is extended by the Planning Commission or Town Council, on appeal, based on
the findings that the continuation of it would not be detrimental or have a further adverse impact on the
residents of the park. (Ord. No. 95-58 § 19)
8-2-195 Planning Fees.
Filing fees may be set by resolution of the Town Council and shall be paid by the person or entity
proposing the conversion_ (Ord. No. 95-58 § 20)
8-2-200 Violations.
16
In addition to any remedies or penalties for noncompliance with this chapter, as provided elsewhere in the
Town Code, any park owner or applicant who violates any rights of any home owner or mobile home
tenant established under this chapter-shall be liable to that person for actual damages caused by such
violation, plus costs and reasonable attorney's fees. In addition, no park owner shall take any willful action
to threaten, retaliate against or harass any park resident with the intent to prevent such resident from
exercising his or her rights under this chapter. (Ord. No. 95-58§ 21)
8-2-205 Severability.
In the event any section or portion of this ordinance adopted hereby shall be determined invalid, such
section or portion shall be deemed severable and all other sections or portions hereof shall remain in full
force and effect. (Ord. No. 95-58§ 22)
8-2-210 Effective Date.
This chapter shall become effective thirty(30)days from and after the date of its adoption by the Town
Council.-(Ord. No. 95-58§ 23)
17
ALP http://www.amlegal.com/nxt/ ateway.dll/Califomia/Anaheim/tide00238.htm/chapter00290.htm?f=...
f Search' _ _ _ Anaheim Municipal Code
Title 18 ZONING'9 ?' y-
Chapter
18 18.92 fv1U81LEHOME PARK OVERLAY(MHP)ZONE
Search
Choose search form J Chapter 18.92
MOBILEHOME PARK OVERLAY (MHP) ZONE
Links:
Go to ... —3 Sections:
18.92.010 Description and purpose. RECEIVED FROM
pjBW ETWU
18.92.020 Definitions. AS OF /REa R ME
9/
18.92.030 Permitted uses and structures. CITY CLERK OFFICE
- - JOAN L FLYNN,CITY CLERK
i�
18.92.040 Permitted accessory uses and structures.
spy
18.92.050 Site development standards.
18.92.060 Conversion of existing mobilehome parks and reclassification from the(MHP)Zone.
18.92,070 Findings of fact required for reclassification.
18.92.010 DESCRIPTION AND PURPOSE.
�!`��� .010 The Mobilehome Park Overlay(MHP) Zone is intended to provide for and promote the orderly growth
and development of sites for mobilehome parks consistent with the City's goal of accommodating alternative housing
types and to balance the interests of mobilehome park owners and mobilehome owners. It is also intended to mitigate
the herein identified relocation problems and adverse effects of displacement upon the displaced mobilehome owners
when a park is converted to another land use. This chapter and the requirements contained herein are not intended to
apply to a recreational vehicle or recreational vehicle park. If a mobilehome park contains recreational vehicles,then
this chapter and the requirements contained herein shall apply only to mobilehomes located within such mobilehome
park.
.020 The Mobilehome Park Overlay(MHP) Zone may be combined with any zone("underlying zone")in
which residential uses are permitted or within which mobilehome parks are located.The regulations contained in this
chapter shall apply in addition to,and where inconsistent therewith shall supersede, any regulations of such zone with
which the(MHP)Zone is combined. When the(MHP)Zone is applied to a parcel with an existing mobilehome park
which was established pursuant to a conditional use permit,variance or other discretionary zoning approval or permit,
any conditions or regulations applied therein shall remain in full force and effect except as to matters specified in this
chapter.(Ord.4364§ 1 (part);September 21, 1982.)
18.92.020. DEFINITIONS.
For purposes of this chapter,the following words,terms and phrases shall have the meanings ascribed herein:
.010 "Average comparable mobilehome park"shall mean the mean average of all other mobilehome parks within
a 125 mile radius of the mobilehome park being converted which are reasonably similar to the mobilehome park being
converted. Such determination of similarity-shall be based upon the condition,quality, amenities and other relevant
factors of the mobilehome parks being compared. Such determination shall not,however,be based upon the age or
location of the mobilehome parks being compared.
.020 "City hearing body"shall mean the Planning Commission of the City of Anaheim.The decision of the
Planning Commission shall be subject to appeal to or review by the City Council within the time and manner
otherwise set forth in Chapter 18.03 of this Code.Upon any such appeal or review,the City Council shall thereafter
be deemed the city hearing body for purposes of this chapter. The decision of the City Council shall be final and
conclusive.
.030 "Mobilehome owner"shall mean a collective unit composed of the registered owner or registered owners
of an individual mobilehome regardless of the number of such owners or the form of such ownership. Any notice to
mobilehome owners or residents required hereunder need not be given to more than one such owner or resident of
each mobilehome. Any relocation benefits payable to a mobilehome owner hereunder shall be deemed payable jointly
and collectively to the owners on a per mobilehome basis regardless of the number of owners of each mobilehome.
(Ord.4364§ 1 (part);September 21,1982.)
1 of 4 7/9/04 10:37 AM
ALP • http://www.amlegal.conVnxt/gateway.dll/Califomia/Anaheim/title00238.htm/chaptet00290.htm?f=...
18.92.030 PERMITTED USES AND STRUCTURES.
Subject to the provisions of this zone, only the following primary uses and structures, either singly or in
combination,shall be permitted in this zone:
.010 Mobilehome parks.
.020 Mobilehome park subdivisions.(Ord.4364§1(part);September 21,1982.)
18.92.040 PERMITTED ACCESSORY USES AND STRUCTURES.
The following uses and structures are permitted only when they are integrated with and clearly incidental to a
primary use and when the sole purpose is to provide convenience to residents of the development and their guests
rather than to the general public:
.010 Recreation buildings,game courts,swimming pools and other similar facilities.
.020 Recreational vehicle parks constituting an incidental section,area or number of units within a mobilehome
park.
.030 Parking structures,including garages and carports.
.040 Storage sheds or fully enclosed outdoor storage areas.
.050 Customary home occupations in compliance with the provisions of Section 18.02.052.040 of the Anaheim
Municipal Code.
.060 Signs,as permitted by the provisions of the underlying zone and in compliance with Chapter 18.05 of the
Anaheim Municipal Code.(Ord.4364§ 1(part);September 21,1982.)
18.92.050 SITE DEVELOPMENT STANDARDS.
Except as otherwise specifically provided in this chapter, development of any property within this zone shall
comply with the site development standards of the underlying zone in which the property is located. The density of
any development,including any new mobilehome park development,shall not exceed the maximum density otherwise
permitted by the underlying zone.(Ord.4364§1(part);September 21, 1982.)
18.92.060 CONVERSION OF EXISTING MOBILEHOME PARKS AND RECLASSIFICATION FROM
THE(MHP)ZONE.
.010 Reclassification.Prior to conversion of any property upon which a mobilehome park then exists,or upon
which a mobilehome park existed at any time within the preceding two years, to another land use not otherwise
permitted in this zone, the (MHP) Zone shall be required to be removed from the property by reclassification in
accordance with the procedures and conditions set forth in Chapter 18.03 of this Code. Nothing contained in this
chapter shall be deemed to authorize the termination of any tenancy within all existing mobilehome park except as
otherwise authorized by state law.Any application for a reclassification pursuant to the provisions of this chapter shall
be deemed an application for a"change of use"for purposes of Section 798.56(I)of the Civil Code of the State of
California or any successor provision thereto.
.020 Conversion Impact Report.Prior to approval of a reclassification from the(MHP)Zone for any property
upon which a mobilehome park then exists, or upon which a mobilehome park existed at any time within the
preceding two years, the person or entity proposing such reclassification shall file fifteen (15) copies of a
comprehensive conversion impact report with the City on the impact of the proposed change of use upon the
mobilehome owners within said mobilehome park which report shall contain,but need not be limited to,the following
information: The age of the mobilehome park; the number of mobilehomes existing in the park; the age of the
mobilehomes existing in the park;a detailed description of the park as to landscaping and individual site development;
the length of time that each resident has lived in the park;an analysis of the availability of adequate replacement space
in comparable mobilehome parks within a 125 mile radius of the mobilehome park to be converted; an estimate as to
the costs to relocate each mobilehome to an average comparable mobilehome park(cost to relocate means disassembly
and reassembly of the mobilehome including installation of awnings, skirtings,porches,and other amenities required
by an average comparable park to which the mobilehome could be relocated, and transportation costs as herein
provided);the owner's proposal as to relocation benefits;and a general statement as to the condition of the existing
2 of 4 7/9/04 10:37 AM
ALP • http://www.amlegal.com/nxt/ ateway.dll/Califomia/Anaheim/title00238.htm/chapter00290.htm?f=...
park.
.030 Availability of Conversion Impact Report.The person or entity proposing such reclassification shall make
available a copy of the conversion impact report to owners of all mobilehomes within the mobilehome park at least
fifteen (15) days prior to the hearing on the report by the city hearing body. Such mobilehome owners shall be
notified as to the availability of said report for examination by the person or entity proposing the reclassification and
also as to the place and time of the hearing.The person or entity proposing such change may charge such persons a
reasonable duplication fee for copies of the report.
.040 Relocation Benefits.Prior to approval of any reclassification for property upon which a mobilehome park
then exists, or upon which a mobilehome park existed at any time within the preceding two years,the city hearing
body shall conduct a duly noticed public hearing in accordance with the procedures set forth in Chapter 18.03 of this
Code at which public hearing the city hearing body shall review such conversion impact report and hear testimony and
evidence relating thereto.The city hearing body shall require as a condition of approval of any such reclassification
that the person or entity proposing said reclassification take reasonable measures to mitigate any identifiable adverse
impacts of the change of use on the ability of displaced mobilehome owners to find adequate replacement space in
another mobilehome park. Said mitigation measures shall be limited to the payment of relocation benefits to the
displaced mobilehome owner by the person or entity proposing such reclassification consisting of the following
amounts:
.0401 The estimated cost of disassembly and reassembly of the displaced mobilehome including existing
awnings,skirtings,porches and storage structures.
.0402 The estimated cost of transportation of the displaced mobilehome to an average comparable mobilehome
park.
.0403 The estimated additional cost the displaced mobilehome owner will be required to spend to meet an
average comparable mobilehome park's lawful requirements for improvements to the mobilehome space and the
mobilehome which is being relocated(collectively referred to herein as "improvement costs").The person or entity
proposing the change of use shall establish the improvement costs of an average comparable mobilehome park by
surveying a representative number of comparable mobilehome parks where available replacement spaces can be
identified within a 125 mile radius from the mobilehome park to be converted. These improvement costs shall be
categorized as to their type, including requirements for skirting,awnings,landscaping and other applicable categories.
The estimated additional cost for each displaced mobilehome owner to conform to each of these categories shall also
be established. These costs will be established on the basis that the work is to be done by a professional contractor
hired by the mobilehome owner, rather than the mobilehome owner performing the work himself The information
specified in this subsection shall be included in the conversion impact report and shall be subject to review and
approval by the city hearing body.
.0404 Nothing contained herein shall be deemed to preclude any mobilehome owner and mobilehome park
owner from mutually agreeing upon different benefits in lieu of the benefits otherwise required to be paid to each
mobilehome owner by this section.
.050 Comparable Relocation Unavailable.In the event the city hearing body at its sole discretion fmds,based
upon the conversion impact report and information presented at the public hearing, that there are no reasonably
comparable mobilehome parks within a radius of 125 miles from the mobilehome park to be converted to which a
displaced mobilehome could be relocated due to the age,size or condition of the displaced mobilehome or for other
reasons, the displaced mobilehome owner shall be entitled to relocation benefits equal to those payable herein to
owners of mobilehomes capable of such relocation.
.060 Relocation to a Specific Park Not Required.In no instance shall any mobilehome owner be required to
relocate to a specific park or location as a condition of payment of said relocation benefits;provided,however,that the
benefits payable to any mobilehome owner shall be those specified herein regardless of the location or park to which
the mobilehome is actually removed or the availability of any such relocation space.
.070 Notice of Effect of this Chapter. All mobilehome park owners in the City of Anaheim shall notify in
writing all existing and future mobilehome owners and park residents if different from such mobilehome owners
(hereinafter referred to collectively as "households") of the mobilehome park's rights and obligations under this
chapter.Delivery of a copy of this chapter shall be deemed sufficient notification in lieu of any other notice required
pursuant hereto.Said notice may include,at the mobilehome park owner's option,additional information relating to the
procedures and effects of a change of use.
Existing households shall be notified within 90 days of the effective date of this chapter.New households shall be
notified on or before the date of commencement of occupancy. If the new household commences occupancy without
first notifying the mobilehome park owner and without signing the mobilehome park's rental documents,
3 of et 7/9/04 10:37 AM
ALP • http://www.amlegal.com/nxt/�way.dll/California/Anaheim/title00238.htm/chapter00290.htm?f=...
M
1 then notice may be given to such household within 90 days of the date of execution and delivery to the mobilehome
park of such rental documents.
Notice may be given by first class mail or in the manner prescribed by Code of Civil Procedure Section 1162 or
any other lawful means reasonably designed to insure that the household has received such notice.(Ord. 4364 § 1
(part);September 21,1982.)
18.92.070 FINDINGS OF FACT REQUIRED FOR RECLASSIFICATION.
Before the city hearing body may grant any reclassification from the Mobilehome Park Overlay(MHP)Zone for
property upon which a mobilehome park then exists or upon which a mobilehome park existed at any time within the
preceding two years,it must make a fording of fact that the evidence presented at the public hearing establishes the
existence of one or more of the following facts:
.010 That the proposed change of land use will not have an adverse effect upon the goals and policies for
preservation of housing within the City of Anaheim as set forth in the Housing Element of the Anaheim General Plan;
or
.020 That the proposed change of use is necessitated by the underlying site conditions which pose a threat to the
life,health,safety or general welfare of the mobilehome park residents;or
.030 That the proposed change of use is necessitated by circumstances beyond the reasonable control of the
owner of the property;or
.040 That denial of said reclassification would deprive the owner of all reasonable or economically viable use of
the property;or
.050 That said reclassification is required by public necessity and convenience and the general welfare.
Notwithstanding the requirements of this section,the approval or denial of any reclassification pursuant to this
chapter shall be deemed a legislative act reviewable exclusively pursuant to Section 1085 of the Code of Civil
Procedure.(Ord.4364§ 1(part);September 21, 1982.)
Disclaimer:
This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by
the Municipality.American Legal Publishing Corporation provides these documents for informational purposes only.These documents
should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted
documents varies from the formatting and pagination of the official copy.The official printed copy of a Code of Ordinances should be
consulted prior to any action being taken.
For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please
contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.
®2003 American Legal Publishing Corporation
tech su ppor[Aamlegal.com
1.800.445.5588.
4 of 4 7/9/04 10:37 AM
CITY OF
MHeT HUC-T INGTON BEACH, CA
Manufactured Housing Educational
1004 JUL 13 P 2: 3 1
. T
25241 Paseo de Alicia, Suite 120 *Laguna Hills, California
92653
Phone: (949)380-3303 Fax: (949)380-3310
Joan Flynn, City Clerk
Enclosed please find information to be distributed to Mayor Green, City Councilmembers,
City Manager Culbreth-Graft, City Attorney Grath and a copy for your records. I respectfully
request that this information be provided with the council agendas for Monday, July 19,
2004.
Thank you in advance for your assistance,
Shelly Amendola
Executive Assistant to Vic 'e Talley
���9 0 /
MHeT
Manufactured Housing Educational
T�
BOARD OF DIRECTORS
Executive Board July 14,2004 Personal Delivery to
President City Clerk,Joan Flynn -
Craig Houser
Mayor Cathy Green
1.7ce President
Arno Chauvel Mayor Pro Tem Jill Hardy
Boblander11 Council Member Connie Boardman
ob Olander II
Council Member Gil Coerper o
Secretary .0
Bette nliiler Council Member Debbie Cook
Treasurer Council Member Pam Julien Houchen
Eileen Cirillo
Council Member Dave Sullivan
Keith Casenhiser _
Stan Magill,Jr.
City of Huntington Beach ,;,
r—`
Larz McAdoo � -`R - -. .
Gary Ralf 2000 Main Street J
Board Afembers Huntington Beach,CA 92648 co
Bob Bendetti '
li J C
Stephen Esslinger RE: Mobile Home Park Conversion Ordinance Review 21>
Ed Evans
Clarke Fairbrother
Jay Greening Honorable Mayor Green and Members of the Council:
Richard A.Hall
Jerry Jacobson The owners of Huntington Beach mobile home parks oppose any modification to the
Bill Hanks
Boyce Jones city's existing mobile home park conversion ordinance and respectfully request that the
Jeffrey A-Kaplan council not move forward with discussions to make changes to Chapter 234 of the city's
Steve Kato
Fayette Keulen municipal code regarding mobile home park conversions unless the action is to repeal the
Lee M.Kort
Clint Lau existing ordinance. Our request is based on the following:
Jim Martin
11.Lee miller • . State law regulates mobile home park closures and preempting the need for
Deann Pancheri
CheluTravieso cities to adopt additional regulations. The law requires the owner of a mobile
Past presidents home park that is closing to pay the reasonable cost of.relocation for the
Fd Fvans displaced tenants of the park. (Attached: State Laws Regulating Mobile Home
J.W R.Phillips
6f.Lee Miller Park Closures.)
Robert Olander Sr.
Gerry Dougher The Huntington Beach City Charter prohibits the adoption of any
Pan' Gilbert regulation that regulates the price for which property in the city may be
Janet Gilbert
Clarke Fairbrother sold, leased, rented or exchanged. The ordinance modifications proposed by
Boyce Jones
Chelu Travieso the tenants of the mobile home parks are designed to prevent the closure of a
Larz McAdoo park by causing the property owner to pay such prohibitive costs so as.to reduce
James Jones
Keith Casenhiser (or regulate) the value of the land so that it cannot be sold or redeveloped for a
Litedute use other than mobile home park. Requiring the owner of the land to pay the "in-
Achievement Award Recipient P Y lace" value for a trailer or mobile home that, in man cases, has little or no
Norm McAdoo value does this.
John Crean
R.J.Brandes As an example, in Huntington .Beach parks old mobile homes are selling for
Robert N.West
Ed Evans $45,000 and more only to be pulled off the lot as scrap to be replaced with a new
Logan Boggs manufactured home costing $75,000 and selling for over $200,000! The prices
Above and Beyond Award Recipients the old and new homes are selling for has nothing to do with the "value" of the
Willis Miller trailer or mobile home. It has to do with the "in-place" value -- in other words,
Stan Magill the leasehold right to have the home in a park in Huntington Beach.
Dan Jacobs
Paul Bostwick
C.Brent Swanson
Boyce D.Jones
Jint\lartin
James Jones /+7/I f/O
Executive Director
Vickie Talley
25241 Paseo de Alicia.Suire 120 •Laguna Hills, California 92653 • Phone:949.380.3303 •Fax:949.380.3310
Established 1982
Serving Orange. Riverside and San Bernardino Counties
Page 2 • •
Mobile home owners, in an effort to prevent parks from closing, want the owner
of the land to pay them the "in-place" value of the home, which, in many cases
could be more than the value of the land!. Not only is this an unconstitutional
taking of property, but it also flies in the face of the City's Charter that clearly
states that the city shall not regulate the price of any property in the City.
We respectfully request that the City's existing mobile home park conversion ordinance
be repealed and that the City comply with State law regarding the regulation the closure
of mobile home parks.
Sincerely,
Vickie M.Talley,-Executive Director
cc: City Manager.Dr. Penelope Culberth-Graft
City Attorney Jennifer McGrath
Huntington Beach Mobile Home Park Owners
Attachment: State Laws Regulating Mobile Home Park Closures
Comparison of Mobile Home Park Conversion Regulations
Closure State of California City of Huntington leach ,- City of Anaheim City of Westminster
Requirements
Yes Yes Yes Yes
0 .0
•V?(D
o .cna
;,.o E
IXU � lx
[
No limit 50.IhAes.. 125.miles 100 mile radius
' .
•May not exceed the Relocation costs limited to -Estimated cost of disassembly and -Payment of relocation compensation •
reasonable cost of disconnection and breakdown of the . .reassembly of the displaced mobile dissembly and reassembly of the home,
Y relocation. •', home,transportation,move home.including existing awnings,`. awnings,skirting,porches,storage structures,
' appurtenances and contents,cost of skirting,porches and storage etc.
y •Identification of new hookups at new site structure -Transportation
housing in mobile home' •Estimafeti cost of transportation of;--. .•Move-in improvements at the relocation park.
a
e parks. the mobile home to an average -Move personal belongings
a�
(x comparable mobile home,park •Daily living allowance
'Estimated additional cost the :'•Rent differential for low-income seniors '
`.displaced mobile home owner will be
04 required to spend to meet the average
comparable mobile home parks
"improvement/move-in costs'.
No.,Provides If not relocatable,mobile Home No Provides'compen Yes.Only if home unrelocatable and based
compensation equal to "'- purchased liasedondepreciatron of '�� ,the cost of relocation sah appratsalof•mobile home and accessory, "
�. Ca
.E the cost of relocation. original price of 4.7%.per year and on equ to' structures n
o '. not less than$4,500 plus moving
ex ens p not to exceed
0
ex enses of u' to$500
L—_ _0 —
O i2 month or 6 months 18 months 12 months 30 days prior to filing conversion report,plus
U to- depending on reuse of the
a 0 state law of 12 months after approval
o p.
• > property.
z p
a Pay 50%of differential of housing"
cost increases up to$750 foFeach
mo
bile h
-Displaced residents get first,right of
refusal to purchase residential if built
"
on site; .
Shared Folder.Citics/Counties:Otange County:HUNr.BEACH:Park Closure Ordinanre:oc matrix copy.doc
(19) • May 17, 2004 - Coue/Agency Agenda - Page 19
H-2a. Submitted By Councilmember Connie Boardman
(City Council) Direct the City Attorney as to Changes, if any, the Council Wishes to
Make to the Mobile Home fParkl Conversion Ordinance— Direct the City Attorney to
Return with an Amended Ordinance to Council for Approval (640.10)
Communication from Councilmember Connie Boardman transmitting the following
Statement of Issue: At the November 18, 2002, Council Meeting, then Council Member
Bauer brought to the Council the Mobile Home Conversion Ordinance with a
recommended change in how the residents were to be compensated for their homes. At
the meeting, the Chair of the Mobile Home Advisory Board (MHAB) spoke and asked the
Council to refer the issue to the advisory board since there were other issues in the
ordinance that the members of the board wanted to review. The Council was assured
this would take just a few months. The Council then voted to send the ordinance to the
MHAB for review.
In February of this year, a resident contacted me inquiring about the status of the ordinance.
A subcommittee of the MHAB has been meeting to make recommended changes to the
ordinance. As the Council liaison to the MHAB, I attended the March 2004 meeting and
inquired about the progress the subcommittee was making. At the March meeting, it was
decided that the subcommittee would report back to the MHAB at its April meeting with
recommendations for changes to the ordinance so the entire MHAB could vote on which
changes to recommend to the Council.
At the April meeting, the subcommittee members had different recommendations. Mr. Steve
Kato, a park owner representative on the subcommittee, recommended no changes to the
ordinance, while Mr. Steve Gullage, the resident member of the subcommittee,
recommended several changes. At the meeting, the board voted 3-3 with one abstention on
/ the motion to recommend to the Council the changes Mr. Gullage suggested. Since the
\ .O MHAB is divided on this issue and the board has had well over a year to discuss this, I
\` thought it was time to bring the issue back to the Council.
�N I have attached the current ordinance as well as an amended ordinance submitted by Mr.
Steve Gullage, a resident member of the subcommittee. The changes Mr. Gullage
recommends, and three board members support, mainly concern three issues:
1. The payment made by park owners to the residents for their coaches when a park is
converted. Mr. Gullage recommends in place full market value be paid to the resident,
while the park owner representative recommended no change from the current minimum
$ 5,000 payment. There was discussion at the March meeting of payment to residents
equal to that of a new coach, but that was not voted on by the committee, and the park
owner representative who at first recommended it, now does not.
2. The distance away from Huntington Beach where residents could be located. The
current ordinance allows for a distance of within 50 miles of the city, and the proposal
from Mr. Gullage is a 30-mile limit.
(Continued on the Next Page)
1)2 C 7�-
(20) • May 17, 2004 - Cou I/Agency Agenda - Page 20
3. Depreciation of homes. The current ordinance calls for a depreciation of units of 4.7%
per year beginning with the date the mobile home owner originally purchased the home
and ending with the date the homeowner receives notice of intent to change use of the
park. Mr. Gullage recommends this be removed since the homes are actually
appreciating in value. _
I have also encouraged both the resident members of the MHAB and the park owner
representatives of the MHAB to contact the Council Members to discuss any changes they
would like to see to the ordinance.
Recommended Action:
That the Council give direction to the City Attorney as to what changes, if any, the Council
wishes to make to the Mobile Home Conversion Ordinance, and that the City Attorney return
the amended ordinance to the Council for approval.
Attachments are included in the agenda packet.
Councilmember Boardman pulled from agenda for further study at the July 19,
2004 meeting.
Council Comments - (Not Agendized)
Councilmember Coerper expressed his enjoyment at Mr. Ray Silver's retirement as City
Administrator. Mr. Coerper spoke regarding the Police Officers Memorial Association and
spoke in gratitude to Police Chief Small for sending his officers to the event.
At this time Councilmembers may report on items not specifically described on the agenda
which are of interest to the community. No action or discussion may be taken except to provide
staff direction to report back or to place the item on a future agenda.
Council/Agency Adjournment to Monday May 24, 2004, at 3:00 p.m., in Room B-8, Civic
Center, 2000 Main Street, Huntington Beach, California.
Council/Agency Agendas and Minutes are Available at No Charge to the Public at the
City Clerk's Office, on the City's Website, Via Email, and Through Paid Subscription.
Complete Agenda Packets are Available at the Central Library and Library Branches on
Friday Prior to Meetings. Videotapes of Council Meetings are Available for Checkout at
the Central Library at No Charge.
LIZ EHRING
ASSISTANT CITY CLERK
City of Huntington Beach
2000 Main Street - Second Floor
Huntington Beach, California 92648
Internet: http://www.surfcity-hb.org
BEACH
CITY OF HUNTINGTON BE C
City Council Interoffice Communication
_T
v r'
b
-L
To: Honorable Mayor and City Council Members -
From: Connie Boardman, City Council Member o � -
Date: May 6, 2004C
Subject: H-ITEM FOR MAY 17, 2004, CITY COUNCIL MEETING—
MOBILE HOME PARK CONVERSION ORDINANCE `-'
� a
STATEMENT OF ISSUE:
At the November 18, 2002, Council Meeting, then Council Member Bauer brought to the
Council the Mobile Home Conversion Ordinance with a recommended change in how
the residents were to be compensated for their homes. At the meeting, the Chair of the
Mobile Home Advisory Board (MHAB) spoke and asked the Council to refer the issue to
the advisory board since there were other issues in the ordinance that the members of
the board wanted to review. The Council was assured this would take just a few
months. The Council then voted to send the ordinance to the MHAB for review.
In February of this year, a resident contacted me inquiring about the status of the
ordinance. A subcommittee of the MHAB has been meeting to make recommended
changes to the ordinance. As the Council liaison to the MHAB, I attended the March
2004 meeting and inquired about the progress the subcommittee was making. At.the
March meeting, it was decided that the subcommittee would report back to the MHAB at
its April meeting with recommendations for changes to the ordinance so the entire
MHAB could vote on which changes to recommend to the Council.
At the April meeting, the subcommittee members had different recommendations. Mr.
Steve Kato, a park owner representative on the subcommittee, recommended no
changes to the ordinance, while Mr. Steve Gullage; the resident member of the
subcommittee, recommended several changes. At the meeting, the board voted 3-3
with one abstention on the motion to recommend to the Council the changes Mr.
Gullage suggested. Since the MHAB is divided on this issue and the board has had
well over a year to discuss this, I thought it was time to bring the issue back to the
Council.
I have attached the current ordinance as well as an amended ordinance submitted by
Mr. Steve Gullage, a resident member of the subcommittee. The changes Mr. Gullage
recommends, and three board members support, mainly concern three issues:
1. The payment made by park owners to the residents for their coaches when a park is
converted. Mr. Gullage recommends in place full market value be paid to the
resident, while the park owner representative recommended no change from the
current minimum $ 5,000 payment. There was discussion at the March meeting of
Mobile Home Park Conversion0dinance May 6,2004 Page 2
payment to residents equal to that of a new coach, but that was not voted on by the
committee, and the park owner representative who at first recommended it, now
does not.
2. The distance away from Huntington Beach where residents could be located. The
current ordinance allows for a distance of within 50 miles of the city, and the
proposal from Mr. Gullage is a 30-mile limit.
3. Depreciation of homes. The current ordinance calls for a depreciation of units of
4.7% per year beginning with the date the mobile home owner originally purchased
the home and ending with the date the homeowner receives notice of intent to
change use of the park. Mr. Gullage recommends this be removed since the homes
are actually appreciating in value.
I have also encouraged both the resident members of the MHAB and the park owner
representatives of the MHAB to contact the Council Members to discuss any changes
they would like to see to the ordinance.
RECOMMENDED ACTION:
That the Council give direction to the City Attorney as to what changes, if any, the
Council wishes to make to the Mobile Home Conversion Ordinance, and that the City
Attorney return the amended ordinance to the Council for approval.
CB:cf
xc: Bill Workman, Acting City Administrator
Liz Ehring, Assistant City Clerk
David Biggs, Director of Economic Development
Cha ter 234 Mobileh'ome Park Conversions
al
(3334-6/97,3595-1/03)
Sections:
234.02 Applicability
234.04 Definitions
234.06 Removal of MHP Overlay or RMP Zone or Change of Use
234.08 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 a5 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 mobilehoie park.
C. Chanize 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.
Huntington Beach Zoning and Subdivision Ordinance
Chapter 234 234-1 1/03
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
Section 798.56(g)(2). (3595—1/03)
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 Section 66427.4, or
65863.7, whichever is applicable, have been completed. (3595-1/03)
B. That the proposed zoning is consistent with the General Plan of the City of Huntington Beach
and all elements thereof, and for projects located within the coastal zone that the proposed
zoning is consistent with the Land Use Plan portion of the Local Coastal Program. (3334-6/97)
Huntington Beach Zoning and Subdivision Ordinance
Chapter 234 234-2 1/03
C. That the proposed change of land use will not have an adverse effect upon the goals and policies
for provision of adequate housing for all economic segments of the community, as set forth in
the Housing Element of the Huntington Beach General Plan.
D. That the property which is the subject of the zone change would be more appropriately
developed in accordance with uses permitted by the underlying zoning, or proposed zoning.
E. That a notice of intent to change the use of a mobilehome park and relocate mobilehome owners
was delivered to such owners and to the Department of Community Development at least
eighteen (18) months prior to the date the mobilehome owner is required to vacate the premises.
F. The zone change shall not become effective unless a Local Coastal Program amendment is
effectively certified by the Coastal Commission. (3334-6/97)
234.08 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.
he 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.
Huntington Beach Zoning and Subdivision Ordinance
Chapter 234 234-3 6/97
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 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 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.
Huntington Beach Zoning and Subdivision Ordinance
Chapter 234 234-4 6/97
r L .. M � • •
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.
Huntington Beach Zoning and Subdivision Ordinance
Chapter 234 234-5 6/97
AMENDED CHAPTER 234 MOBILE/MANUFACTURED HOME
PARK CONVERSION
Prepared and presented by Steve Gullage,member of the
Huntington Beach Mobile Home Advisory Board
CHAPTER 234 Mobile/Manufactured Home park Conversions
,Sections: -
234.02 Findings
234.03 Applicability
234.04 Definitions
234.06 Removal of N4HP Overlay of RNIP 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 Findings
The City Council hereby does find and determine that the following local conditions and
circumstances exist within the City of Huntington Beach and that they make necessary
and appropriate the regulations contained within this ordinance:
a) Statistically,the mobile/manufactured home park vacancy rate averages under
1%,with a shortage of parks, and no new ones being built. The cost of relocating
a mobile/manufactured home today is exorbitant and usually exceeds$15,000.
The majority of the residents are over 65, on low or fixed income. Social Security
is their primary source of income, and many residents are single or widowed.
This is affordable housing,provided by the homeowner and needs to be,
preserved.
b). Closure of such a park would have a substantial adverse economic effect on these
residents. When a mobile/manufactured home in an existing park is sold it is
generally sold in place. A mobile/manufactured home in an existing park is not
often moved from its location once it has been placed in the park. There are few
vacant spaces in the parks within the 'immediate vicinity of the City, and the
number of vacant spaces in Orange County is small. Relocating homeowners in
an area in excess of thirty miles from their existing home creates a special
hardship, particularly for elderly residents, who need to be in social service
support networks. A move in excess of thirty(30)miles would seriously disrupt
these support resources, would jeopardize the jobs of those residents currently
employed,and would not constitute adequate replacement housing for such
residents.
c) Due to the above circumstances, spaces in the existing parks in the City represent
an important component of the housing stock of the City especially for senior
citizens and persons of low/moderate incomes.
d) Unless mitigation measures are undertaken, the conversion of
mobile/manufactured home parks to other uses would have a substantial adverse
economic effect upon the homeowners and residents in terms of cost of
relocation, including the significantly higher cost of other types of housing in the
immediate area if such homeowners cannot relocate to other mobile/manufactured
home parks. Mobile/manufactured homeowners often have invested substantial
sums in the acquisition, installation and maintenance of their
mobile/manufactured home. For most homeowners,these units represent their
sole or principle financial asset. One result of conversion,unless mitigated, can
be the destruction of the value of the mobile/manufactured home. This
destruction of value could be a direct cost of relocation and would adversely
affect the homeowner's ability to find adequate replacement housing, so that it is
important to provide reasonable relocation assistance to avoid-such an adverse
effect.
e) It is the policy of state law, as enunciated in Government Code Sections 65863.7
and 66427.4,that prior to the conversion of a mobile/manufactured home park to
other uses,or prior to the closure of a park or the cessation of use of the land as a
mobile/manufactured home park, or at the time of filing of a subdivision map for
a subdivision resulting from any such conversion, the proponent of the proposed
change of use must file a report on the impact of such change with the public
agency having jurisdiction over the mobile/manufactured home park,and the
agency shall have the power to require measures to be undertaken to mitigate the
adverse impacts of such conversion upon the ability of displaced homeowners to
find adequate replacement housing.
234.03 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 mobile/manufactured home
park then exists, or upon which a mobile/manufactured home 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) "Change of Use"means a use of a mobile!manufactured home park for a purpose
other than the rental,or the holding out for rent, of two or more
mobile/manufactured home sites to accommodate mobile/manufactured homes for
human habitation. "Change of Use" includes,but is not limited to,a change of the
park or any portion thereof to a condominium, stock cooperative,planned unit
development,commercial use, industrial use, or vacant land "Change of use"
shall not include mere purchase of the park by its existing homeowners.
.b) "Comparable Replacement Housing" shall mean housing which is comparable in
floor area and number of bedrooms to the mobile/manufactured home towhich
. 2
comparison is being made, which housing meets the minimum standards of the
State Uniform Housing Code.
c) "Comparable Mobile/Manufactured home park'means any other
mobile/manufactured home park substantially equivalent in terms of park
condition amenities and within acceptable, reasonable commuting distance to
current place of employment, schooling, social service support networks for the
elderly, or infirm, and other relevant factors.
d) "Fair Market Value,On Site"means the determination of the value of the
mobile/manufactured home in its current location, assuming the continuation of
the mobile/manufactured home park in a safe, sanitary and well maintained
condition, and not considering the effect of the change of use on the value of the
mobile/manufactured home. Resident improvements(i.e., landscaping,porches,
carports, etc.), any mortgage obligations of the homeowner on the
mobile/manufactured home, and the costs of purchasing a mobile/manufactured
home on-site in a comparable park or acquiring other comparable, and acceptable
replacement housing shall also be included in determining the on-site value of the
mobile/manufactured home.
e) "Mobile/manufactured homeowner" means the registered owner or owners of a
mobile/manufactured home, who has a tenancy in a mobile/manufactured home
park under a rental agreement.
f) "Mobile/manufactured home"means:
1) a structure designed for human habitation and for being moved on a street
or highway under permit pursuant to Section 35790 of the Vehicle Code;
2) a mobile/manufactured home, as defined in Section 18008 of the Health&
Safety Code or,
3) a manufactured home, as defined in Section 18007 of the Health& Safety
Code.
i) "Mobile/manufactured home" does not include:
1) a recreational vehicle, as defined in Section 799.29 of the Civil Code and
Section 18010 of the Health& Safety Code, except when such a vehicle
has continuously remained within a mobile/manufactured home park for a
period in excess of nine(9) months:
2) a commercial coach as defined in Section 18001.8 of the Health& Safety
Code or
3) factory-built housing as defined in Section 19971 of the Health& Safety
Code.
j) "Mobile/manufactured home Park"means an area of land where two or more
mobile/manufactured home sites are rented or held out for rent to accom-
modate mobile/manufactured homes used for human habitation, including
areas of land zoned or otherwise approved.for use as a mobile/manufactured
home park pursuant to the Municipal Code.
k) 'Mobile/manufactured home site" is an area within a mobile/manufactured
home park shown as being occupied by or designated for occupancy by an
individual mobile/manufactured home.
1) "Applicant''means the person, firm, corporation, partnership or other entity
3
having leasehoj4 interest or fee ownership in the operation of a mobile/manufactured
h(Vne park. -
234.06 Removal of Overlay or RMP Zone or Change of Use
The City Council shall not approve a zone change for any parcel when such a change
would have the effect of removing the NIHP or RMP designation from that property, or
approve a change of use unless the following findings have been made:
A. Those findings required by California Government Code Section 66427.4.
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 mobile/manufactured home park and
relocate/compensate mobile/manufactured dome owners was delivered to all such
owners and to the Department of Community Development at least eighteen (18)
months prior to the requested date for vacating the premises.
F. The zone change shall become effective unless a Local Coastal Program
amendment is certified by the Coastal Commission
234.08 Relocation Assistance Plan
The following shall constitute minimum standards for an acceptable relocation assistance
plan, with all consideration being given to the age, health, physical and mental well-being
of the person or persons being displaced, and any adverse effects such a displacement
may have on the person or persons being displaced.
A. Relocation Costs. The reasonable costs of relocation shall include the cost of
relocating a displaced homeowner's mobile/manufactured home,accessories and
possessions to a comparable, and acceptable, mobile/manufactured home park
within thirty(30)miles of its existing location, including costs of disassembly,
removal,transportation and reinstallation of the mobile/manufactured home and
accessories at the new site, and replacement or reconstruction of blocks, skirting,
siding,porches, decks,awnings and earthquake bracing if necessitated by the
relocation; reasonable living expenses of displaced park residents from the date
of actual displacement until the date of occupancy at the new site; payment of any
security deposit required at the new site; and the difference between the rent paid
4
in the existing park and any higher rent at the new site for the first twelve(12)
monthsgf the relocated tenancy.
B. If the City Council determines that a.particular home cannot be relocated to a
comparable, and acceptable,mobile/manufactured home park within thirty(30)
miles of its existing location, and the homeowner has elected to sell his or her
mobile/manufactured home,compensation shall be paid to the homeowner in a
lump sum payment based upon consideration of the fair market value of the
mobilehome on-site. Such value shall be determined after consideration of
relevant factors, including the value of the mobile/manufactured home in its
current location, (assuming the continuation of the mobiWmanufactured home
park in a safe, sanitary and well maintained condition, and not considering the
effect of the change of use on the value of the mobile/manufactured home), as
well as resident improvements(i.e., landscaping; porches,carports, etc.), any
mortgage obligations of the homeowner on the mobile/manufactured home, and
the costs of purchasing a mobile/manufactured home on-site in a comparable park
or acquiring other comparable replacement housing.
C. Comparable Replacement Housing
If the mobile/manufactured homeowner cannot be relocated to another acceptable
mobile/manufactured home park and wishes to accept other suitable and available
Comparable Replacement Housing within the thirty(30)mile limit,together with
compensation,the Applicant has the option of making such Comparable
Replacement Housing available for acceptance.
Where Comparable Replacement Housing is proposed, it shall be available in the
following categories:
1. Senior Citizen housing
2. Affordable housing: and
3. Market Rate housing.
D. Modification of Relocation Ordinance
Any mobile/manufactured homeowner may waive the ordinance thirty(30)mile
limit if an acceptable relocation site has been made available to which the
mobile/manufactured homeowner's home can be relocated, or on which a
comparable mobile/manufactured home can be placed,and by mutual agreement
with the Applicant.
E. Purchase Rights
That the mobile/manufactured homeowners shall receive written guarantee of first
right of refusal to purchase units if the development which replaces the
mobile/manufactured home park is to be residential in whole or part.
F. Miscellaneous
That the Applicant has complied with all applicable city ordinances and state
regulations in effect prior to any approval of the relocation assistance.plan.
6
That thg applicant has complied with the conditions of approval, including the
following items:
1.. Mobile/manufactured homeowners will not be forced to relocate or vacate
prior to the end of their leases or the eighteen(18)month requirement to
vacate the premises, whichever is longer,unless mutually agreed upon with
Applicant.
2. Mobile/manufactured homeowners may have the right to terminate their
leases upon approval of the relocation assistance plan.
3. No demolition or construction will occur until the relocation plan has been
approved and the eighteen 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 mobile/manufactured homeowners 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, 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.
234.13 Fees Required
Each impact report and relocation assistance plan submitted shall be accompanied
by a fee established by resolution of the City Council.
6
STUDY SESSION ON JUA 2004-MOBILE HOME PARK CONVEFON ORDINANCE
Page 2
July 12, 2004
Coach Valuation Relocation Minimum Compensation from
Method Radius Park Owner to Residents
Huntington Original purchase 50 miles a. Cost of physically.moving
Beach price discounted mobile home within. relocation
4.7% per year radius.
b. If resident wishes to relocate
mobile home beyond relocation
radius, additional cost of.
relocation beyond 50 miles will
be paid by homeowner.
c. If coach cannot be relocated,
residents will be compensated
according to the following
formula: The original purchase
price of each unit will be
ascertained and discounted at
a rate of 4.7% per year. This
amount may not be less than
$4,500 plus moving expenses
up to $500, an aggregate not to
exceed $5,000.
c. For residents not relocated,
rent differential of 50% of the
increase in the cost of housing
for first year, not to exceed
$750.
Fremont In Place Value Reasonable a. General relocation assistance.
Distance b.'Relocation of mobile homes
that can be moved within a
reasonable distance
considering each resident's job,
medical facilities, and other
important facilities.
c. Reasonable cost housing, if
available, in the new
development project.
d. For residents unable to
relocate their coach or move
into new development project,
the in place value of their
STUDY SESSION ON JUA, 2004—MOBILE HOME PARK CONVE&N ORDINANCE
Page 3
July 12, 2004
Coach Valuation Relocation Minimum Compensation from
Method Radius Park Owner to Residents
coach.
Los Gatos Fair Market Value Within Town a. If resident relocates coach to
of Los another park in Los Gatos, cost
Gatos of physically moving mobile
(residents home.
may choose b. If resident relocates coach to
to relocate another park outside of Los
elsewhere) Gatos, the estimated cost of
moving to the closest park that
would accept the coach.
c. For residents unable to
relocate their coach, the fair
market value of their coach.
Mountain View Fair Market Value None To be determined by City Council
at time of application by park
owner. At a minimum, if
suitable relocation is not
available, each resident must
be compensated the in place
fair market value of their coach.
San Jose In Place Value Santa Clara, a. Costs of moving furniture and
Alameda, personal belongings to new
Santa Cruz, residence.
or San b. Cost of physically moving
Mateo mobile home.
County
c. For residents who move into
multifamily housing, any rent
differential for first two years of
tenancy.
d. For residents who relocate to
another mobile home park, any
rent differential for first two
years of tenancy.
e. For residents unable to
STUDY SESSION ON JUA, 2004-MOBILE HOME PARK CONVE&N ORDINANCE
Page 4
July 12, 2004
Coach Valuation Relocation Minimum Compensation from
Method Radius Park Owner to Residents
relocate their coach, the in
place value of their coach.
f..For disabled, elderly, low
income, or families with
children, the City may require
extended leases beyond the
park closure date.
g. For disabled, elderly, low
income, or families with
children, the City may require
setting aside rental spaces for
continued tenant occupancy.
San Juan Fair Market Value 50 miles a. Costs of relocation.
Capistrano
'b. Costs of physically moving
mobile home.
c. First and last month's rent and
any security deposit at new
mobile home park.
d. Any rent differential at new
mobile home park for first year
of tenancy.
e. For residents unable to
relocate their coach, the fair
market value of their coach.
Sunnyvale In Place Value 20 miles a. For residents who elect to
relocate:
1. A housing allowance of
$1,300 adjusted for inflation
(1980) for first month's rent,
security deposit, and
temporary lodging.
2. An additional allowance will
be provided of$3,200 for a
single-wide and $12,650 for
a multisection mobile home,
adjusted for inflation.
3. Costs of physically moving
mobile home.
STUDY SESSION ON JUA, 2004—MOBILE HOME PARK CONVE&N ORDINANCE
Page 5
July 12, 2004
Coach Valuation Relocation Minimum Compensation from
Method Radius Park Owner to Residents
b. For residents who elect to sell
their mobile homes, 85% of (1)
in place value or(2) cost of
local relocation.
Windsor Fair Market Value 30 miles a. General relocation assistance.
b. Costs of physically moving
mobile home.
c. First and last month's rent and
any security deposit at new
mobile home park.
d. Any rent differential at new
mobile home park for first year
of tenancy.
e. For residents unable to
relocate their coach, the fair
market value of their coach.
f. For residents who move into
multifamily housing, any rent
differential for first two years of
tenancy.
In addition to these important issues, I recommend that the City Council add a provision
to the ordinance that would eliminate the potential for mobile home park owners to
circumvent the intent of the ordinance. Currently, by raising rents, park owners could
force lower income mobile home residents out of their homes, thus vacating spaces
prior to any notice by the owner of the park's closure. This scenario is possible,
particularly because of the charter amendment preventing the Council from ever
enacting any kind of rent control. As an illustration, right now in one park that residents
believe may possibly be closed in the near future, residents who currently hold 5-year
leases are being converted to one-year leases, and their rents are being increased
10%.
I propose that the Council add language to our conversion ordinance, such as the
following, which would prevent park owners from intentionally driving out residents prior
to announcing their intent to close a park, thereby avoiding the relocation or
compensation previsions of the City's ordinance.
STUDY SESSION ON JULI''r9, 2004-MOBILE HOME PARK CONVEIAN ORDINANCE
Page 6
July 12, 2004
Mobile home park owners applying to the City for a conversion of use must
submit satisfactory documentation evidencing the following for each month for
the period three years prior to the owner's initial announcement of his or her
intent to close the park through the date of application to the City. each resident
within the park, identifying all residents with children, disabled residents, and
elderly residents; the square footage of each mobile home lot; the monthly rental
rate for each mobile home lot; and the monthly space vacancies. For any
resident during this period that the City determines lost their mobile home due to
abandonment or foreclosure, the park owner shall be obligated to pay all
compensation that would have otherwise been due under this ordinance. The
park owner shall locate'any such former residents and provide current contact
information to the City. If any such former residents cannot be located, the City
shall hold their compensation in trust for three years. At the end of this time, if
the former resident (or the resident's heirs, if the resident is deceased) has not
been located, the funds will be used to provide affordable housing in the City.
After this Study Session, and after hearing the opinions of the City Council Members on
the above issues, I intend to resubmit recommendations to update the Conversion
Ordinance at a future City Council meeting.
xc: Penny CuIbreth-Graft, City Administrator
Bill Workman, Assistant City Administrator
Joan Flynn, City Clerk
David Biggs, Director of Economic Development
Mobile Home Park Conversion Ordinance H-Item Memo Dated
May 6, 2004 for the May 1.7, 2004 City. Council Meeting
CITY OF HUNTINGTON BEACH
City Council Interoffice Communication
To: Honorable Mayor and City Council Members
From: Connie Boardman, City Council Member
Date: May 6, 2004
Subject: H-ITEM FOR MAY 17, 2004, CITY COUNCIL MEETING—
MOBILE HOME PARK CONVERSION ORDINANCE
STATEMENT OF ISSUE:
At the November 18, 2002, Council Meeting, then Council Member Bauer brought to the
Council the Mobile Home Conversion Ordinance with a recommended change in how
the residents were to be compensated for their homes. At the meeting, the Chair of the
Mobile Home Advisory Board (MHAB) spoke and asked the Council to refer the issue to
the advisory board since there were other issues in the ordinance that the members of
the board wanted to review. The Council was assured this would take just a few
months. The Council then voted to send the ordinance to the MHAB for review.
In February of this year, a resident contacted me inquiring about the status of the
ordinance. A subcommittee of the MHAB has been meeting to make recommended
changes.to the ordinance. As the Council liaison to the MHAB, I attended the March
2004 meeting and inquired about the progress the subcommittee was making. At.the
March meeting, it was decided that the subcommittee would report back to the MHAB at
its April meeting with recommendations for changes to the ordinance so the entire
MHAB could vote on which changes to recommend to the Council.
At the April meeting, the subcommittee members had different recommendations. Mr.
Steve Kato, a park owner representative on the subcommittee, recommended no
changes to the ordinance, while Mr. Steve Gullage; the resident member of the
subcommittee, recommended several changes. At the meeting, the board voted 3-3
with one abstention on the motion to recommend to the Council the changes Mr.
Gullage suggested. Since the MHAB is divided on this issue and the board has had
well over a year to discuss this, I thought it was time to bring the issue back to the
Council.
have attached the current ordinance as well as an amended ordinance submitted by
Mr. Steve Gullage, a resident member of the subcommittee. The changes Mr. Gullage
recommends, and three board members support, mainly concern three issues:
1. The payment made by park owners to the residents for their coaches when a park is
converted. Mr. Gullage recommends in place full market value be paid to the
resident, while the park owner representative recommended no change from the.
current minimum $ 5,000 payment. There was discussion at the March meeting of
Mobile Home Park Conversion lWance May 6,2004 • Page 2
payment to residents equal to that of.a new coach, but that was not voted on.by the
committee, and the.park owner representative who at first recommended it, now
does not.
. 2. The distance away from Huntington Beach where residents could be located. The
current ordinance allows for a distance of within 50 miles of the city,and the
proposal from Mr. Gullage is a 30-mile limit.
3. Depreciation of homes. The current ordinance calls for a depreciation of units of
4.7% per year beginning with the date the mobile home owner originally purchased
the home and ending with the date the homeowner receives notice of intent to
change use of the park. Mr. Gullage recommends this be removed since the homes
are actually appreciating in value.
I have also encouraged both the resident members of the MHAB and the park owner
representatives of the MHAB to contact the Council Members to discuss any changes
they would like to see to the ordinance.
RECOMMENDED ACTION:
That the Council give direction to the City Attorney as to what changes, if any, the
Council wishes to make to the Mobile Home Conversion Ordinance, and that the City
Attorney return the amended ordinance to the Council for approval.
CB:cf
xc: Bill Workman, Acting City Administrator
Liz Ehring, Assistant City Clerk
David Biggs, Director of Economic Development
comparison is being made,which housing meets the minimum standards of the
State Uniform Housing Code.
c) "Comparable Mobile/Manufactured home park"means any other
mobile/manufactured home park substantially equivalent in terms of park
condition amenities and within acceptable,reasonable commuting distance to
current place of employment, schooling, social service support networks for the
elderly, or infirm, and other relevant factors.
d) "Fair Market Value,On Site"means the determination of the value of the
mobile/manufactured home in its current location, assuming the'continuation of
the mobile/manufactured home park in a safe, sanitary and well maintained
condition, and not considering the effect of the change of use on the value of the
mobile/manufactured home..Resident improvements(i.e.,landscaping,porches,
carports, etc.),any mortgage obligations of the homeowner on the
mobile/manufactured home;and the costs of purchasing a mobile/manufactured
home on-site in a comparable park or acquiring other comparable, and acceptable
replacement housing shall also be included in determining the on-site value of the
mobile/manufactured home.
e) "Mobile/manufactured homeowner"means the registered owner or owners of a
mobile/manufactured home,who has a tenancy in a mobile/manufactured home
park under a rental agreement.
f) "Mobile/manufactured home" means:
1) a structure designed for human habitation and for being moved on a street
or highway under permit pursuant to Section 35790 of the Vehicle Code;
2) a mobile/manufactured home, as defined in Section 18008 of the Health&
Safety Code or,
3) a manufactured home, as defined in Section 18007 of the Health& Safety
Code.
i) "Mobile/manufactured home" does not include:
1) a recreational vehicle, as defined in Section 799.29 of the Civil Code and
Section 18010 of the Health& Safety Code, except when such a vehicle
has continuously remained within a mobile/manufactured home park for a
period in excess of nine(9) months:
2) a commercial coach as defined in Section 18001.8 of the Health& Safety
Code or
3) factory-built housing as defined in Section 19971 of the Health& Safety
Code.
j) "Mobile/manufactured home Park" means an area of land where two or more
mobile/manufactured home sites are rented or held out for rent to accom-
modate mobile/manufactured homes used for human habitation, including
areas of land zoned or otherwise approved.for use as a mobile/manufactured
home park pursuant to the Municipal Code.
k) "Mobilelmanufactured home site" is an area within a mobile/manufactured
home park shown as being occupied by or designated for occupancy by an
individual mobile/manufactured home.
1) "Applicant"means the person, firm, corporation, partnership or other entity
3
having leaseholA interest or fee ownership in the operation of a moliile/manufactured
hgtne park. -
. 234.06 Removal of Overlay or RMP Zone or Change of Use
The City Council shall not approve a zone change for.any parcel when such a change
would have the effect of removing the NIHP or RMP designation from that property,'or
approve a change of use unless the following findings have been made:
A. Those findings required by California Government Code_Section 66427.4.
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 mobile/manufactured home park and
relocate/compensate mobile/manufactured ;come owners was delivered to all such
owners and to the Department of Community Development at least eighteen(18)
months prior to the requested date for vacating the premises.
F. The zone change shall become effective unless a Local Coastal Program
amendment is certified by the Coastal Commission
234.08 Relocation Assistance Plan
The following shall constitute minimum standards for an acceptable relocation assistance
plan,with all consideration being given to the age, health, physical and mental well-being
of the person or persons being displaced,and any adverse effects such a displacement
may have on the person or persons being displaced.
A. Relocation Costs. The reasonable costs of relocation shall include the cost of
relocating a displaced homeowner's mobile/manufactured home,accessories and
possessions to a comparable, and acceptable, mobile/manufactured home park
within thirty(30)miles of its existing location, including costs of disassembly,
removal,transportation and reinstallation of the mobile/manufactured home and
accessories at the new site,and replacement or reconstruction of blocks,skirting,
siding,porches, decks,awnings and earthquake bracing if necessitated by the
relocation; reasonable living expenses of displaced park residents from the date
of actual displacement until the date of occupancy at the new site; payment of any
security deposit required at the new site; and the difference,between the rent paid
4
in the existing park and any higher rent at the new site for the first twelve(12)
monthsaf the relocated tenancy.
* B. If the City Council detennines that a.particular home cannot be relocated to a
comparable, and acceptable,mobile/manufactured home park within thirty(30)
miles of its existing location, and the homeowner.has elected to sell his or her
mobile/manufactured home,compensation shall be paid to the homeowner in a
lump sum payment based upon consideration of the fair market value of the
mobilehome on-site. Such value shall be determined after consideration of
relevant factors, including the value of the mobile/manufactured home in its
current location,(assuming the continuation of the mobile/manufactured home
park in a safe, sanitary and well-maintained condition, and not considering the
effect of the change of use on the value of the mobile/manufactured home), as
well as resident improvements (i.e., landscaping, porches,carports,etc.), any
mortgage obligations of the homeowner on the mobile/manufactured home,and
the costs of purchasing a mobile/manufactured home on-site in a comparable park
or acquiring other comparable replacement housing.
C. Comparable Replacement Housing
If the mobile/manufactured homeowner cannot be relocated to another acceptable
mobile/manufactured home park and wishes to accept other suitable and available
Comparable Replacement Housing within the thirty(30)mile limit,together with
compensation, the.Applicant has the option of making such Comparable
Replacement Housing available for acceptance.
Where Comparable Replacement Housing is proposed,it shall be available in the
following categories:
1. Senior Citizen housing.
2. Affordable housing: and
3. Market Rate housing.
D. Modification of Relocation Ordinance
Any mobile/manufactured homeowner may waive the ordinance thirty(30)mile
limit if an acceptable relocation site has been made available to which the
mobile/manufactured homeowner's home can be relocated,or on which a
.comparable mobile/manufactured home can be placed,and by mutual agreement
with the Applicant.
E. Purchase Rights
That the mobile/manufactured homeowners shall receive written guarantee of first
right of refusal to purchase units if the development which replaces the
mobile/manufactured home park is to.be residential in whole or part.
F. Miscellaneous
That the Applicant has complied with all applicable city ordinances and state
regulations in effect prior to any approval of the relocation assistance.plan.
5
That the applicant has complied with the conditions of approval, including the
following items:
1.. Mobile/manufactured homeowners will not be forced to relocate or vacate
prior to the end of their leases or the eighteen(18)month requirement to
vacate the premises, whichever is longer,unless mutually agreed upon with
Applicant
2. Mobile/manufactured homeowners may have the right to terminate their
leases upon approval of the relocation assistance plan.
3. No demolition or construction will occur until the relocation plan has.been
approved and the eighteen 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 mobile/manufactured homeowners 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,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.
234.13 Fees Required
Each impact report and relocation assistance plan submitted shall be accompanied
by a fee established by resolution of the City Council.
6
Illustrative Mobile Home Park Conversion Ordinances
cxl
IN
IN
Chapter 234 Mobilehotiij r Conversions
_.� g. ._�
(3334-6/97,3595-1/03)
Sections:
234.02 Applicability
234.04 Definitions
234.06 Removal of MHP Overlay or RMP Zone or Change of Use
234.08 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.
Huntington Beach Zoning and Subdivision Ordinance
Chapter 234 234-1 1/03
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
Section 798.56(g)(2). (3595—1/03)
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 Section 66427.4, or
65863.7, whichever is applicable, have been completed. (3595—1/03)
B. That the proposed zoning is consistent with the General Plan of the City of Huntington Beach
and all elements thereof, and for projects located within the coastal zone that the proposed
zoning is consistent with the Land Use Plan portion of the Local Coastal Program. (3334-6/97)
Huntington Beach Zoning and Subdivision Ordinance
Chapter 234 234-2 1/03
C. That the proposed change of land use will not have an adverse effect upon the goals and policies
for provision of adequate housing for all economic segments of the community, as set forth in
the Housing Element of the Huntington Beach General Plan.
D. That the property which is the subject of the zone change would be more appropriately
developed in accordance with uses permitted by the underlying zoning, or proposed zoning.
E. That a notice of intent to change the use of a mobilehome park and relocate mobilehome owners
was delivered to such owners and to the Department of Community Development at least
eighteen (18)months prior to the date the mobilehome owner is required to vacate the premises.
F. The zone change shall not become effective unless a Local Coastal Program amendment is
effectively certified by the Coastal Commission. (3334-6/97)
234.08 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.
Huntington Beach Zoning and Subdivision Ordinance
Chapter 234 234-3 6/97
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 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 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
mobilebome 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.
Huntington Beach Zoning and Subdivision Ordinance
Chapter 234 234-4 6/97
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.
Huntington Beach Zoning and Subdivision Ordinance
Chapter 234 234-5 6/97
City of Fremont, California
CHAPTER 10. CONVERSIONS OF MOBILE HOME PARKS TO OTHER USES
See. 8-10100. Citation.
This chapter may be referred to as the"Mobile Home Conversion Ordinance"of the City of Fremont. (Ord.
No. 1842, § 2, 10-11-88)
Sec. 8-10101. Definitions.
As used in this chapter, the following words and phrases shall have the following meanings:
(a) Administrative hearing shall mean a fact-gathering proceeding conducted by a hearing officer(a
licensed attorney appointed by the city manager)as follows:
(1) Thirty calendar days'written notice shall be given of all proceedings to the park owners and the
residents thereof by first class mail;
(2) The hearing shall be open to the public;
(3) Oral and documentary evidence shall be received by the hearing officer from park owners and
residents thereof;
(4) The parties shall be permitted to examine and cross-examine witnesses as determined by the
hearing officer;
(5) The formal rules of evidence shall not apply, but all findings shall be on competent evidence;
(6) The hearing officer shall have wide discretion to determine the order of proof and the presentation
of evidence;
(7) The proponent of an application, report or statement as provided in this chapter shall have the
burden of producing substantial evidence in support thereof;
(8) All proceedings shall be taped or stenographically recorded, and the entire record shall be
preserved for one year following final action on any application or request under this chapter;
(9) All documents offered shall be preserved with the record whether or not the document was admitted
to the record;
1
(10) All findings shall be based on substantial evidence in the record;
(11) All findings shall include a statement of the supporting evidence;
(12) Written findings shall be prepared and signed by the hearing officer within fifteen calendar days
after close of the hearing;
(13) Review of the hearing officer's findings shall be sought as provided in Code of Civil Procedure
sections 1094.5 and 1094.6 within ninety days after final action by the city except when the hearing
officer's findings and decision is final as provided in this chapter;
(14) The ninety-day period of limitations provided in Code of Civil Procedure section 1094.6 is hereby
adopted for this chapter.
(b) Change of use means a use of a mobile home park for a purpose other than the rental, or the
holding out for rent, of two or more mobile home spaces to accommodate mobile homes for human
habitation. "Change of use" includes, but is not limited to, a change of the mobile home park or any
portion thereof to a condominium, stock cooperative, or any form of ownership wherein mobile home
spaces within the park are to be sold for residential use; or change to another residential use or to a
commercial or industrial use; or the cessation of use of all or a portion of the mobile home park, whether
immediately or on a gradual basis; or the closure of the mobile home park.The term "conversion" is
synonymous with "change of use."
(c) Comparable housing shall mean housing which is comparable in floor area and number of
bedrooms to the mobile home to which comparison is being made, which housing meets the minimum
standards of the Uniform Housing Code.
(d) Comparable mobile home park means any other mobile home park substantially equal in terms of
park amenities, rent,.and other relevant factors, such as proximity to public transportation, medical
facilities and shopping, the job market where a displaced resident is gainfully employed, and proximity to
schools if the resident has school-age children.
(e) Date of application for change of use means the date of one of the following actions authorizing a
change of use, whichever first occurs:filing of an application for a general plan amendment, rezoning,
tentative map, or conditional use permit.
(f) Eligible mobile home owner means a mobile home owner whose mobile home was located in a
mobile home park on the earlier of the following: (i)the date of application for a change of use; (ii)the
2
date of filing of a notice of determination that the park is undergoing a change of use pursuant to section
8-10104, if such notice was filed.
(g) Mobile home means a structure designed for human habitation and for being moved on a street or
highway under permit pursuant to section 35970 of the Vehicle Code. "Mobile home" includes
manufactured home, as defined in section 18007 of the Health and Safety Code, and a mobile home, as
defined in the Health and Safety Code, but does not include a recreational vehicle, as defined in section
799.24 of the Civil Code, or a commercial coach, as defined in section 18001.8 of the Health and Safety
Code, or factory-built housing, as defined in section 19971 of the Health and Safety Code.
(h) Mobile home owner means a person who has a tenancy in a mobile home park under a rental
agreement, having the right to the use of a mobile home space on which to locate, maintain, and occupy
a mobile home, site improvements, and accessory structures for human habitation, including the use of
the services and facilities of the mobile home park. "Mobile home owner"does not include a person who
is a resident in a mobile home but who does not have a tenancy.
(i) Mobile home park means any area or tract of land within the City of Fremont where two or more
mobile home spaces are rented, or held out for rent, to accommodate mobile homes.
(j) Mobile home space means the site within a mobile home park intended, designed, or used for the
location or accommodation of a mobile home and any accessory structures or appurtenances attached
thereto or used in conjunction therewith; provided, however, that the term "mobile home space"shall also
include the term "mobile home" in those cases and in only those cases in which an individual rents or
leases both a mobile home site and the mobile home located on that site from the park owner.
(k) Park owner means any owner, lessor, or sublessor of a mobile home park in the city who receives
or is entitled to receive space rent under a rental agreement for the use or occupancy of any mobile home
space thereof, and the representative, agent, or successor of such owner, lessor, or sublessor, and is
required to report to the Internal Revenue Service any income received or loss of income resulting from
such ownership or claims any expenses, credits, or deduction because of such ownership. "Park owner"
does not include a mobile homeowner who rents out or subleases the mobile home owned by such
mobile home owner.
(1) Mobile home tenant is a person who occupies a mobile home within a mobile home park pursuant
to a bona fide lease or rental agreement with the mobile home owner, and who, during his or her tenancy,
was not a member of the immediate household of the mobile home owner.
3
(m) Resident means any person lawfully occupying a mobile home, including a mobile home owner,
mobile home tenant, or member of the immediate household of the mobile home owner or mobile home
tenant. (Ord. No. 1842, § 2, 10-11-88)
Sec. 8-10102. Duty of director of community development to maintain list of housing specialists.
The director of community development shall compile and maintain a list of persons, firms and
organizations with proven expertise in the fields of housing and relocation of persons displaced from
housing.Those listed shall be qualified in assisting residents in locating replacement housing, rendering
financial advice on qualifying for various housing types, explanation of the range of housing alternatives
available, the ability to gather and present to persons needing housing relocation assistance and
adequate information as to available housing, and the ability to transport persons unable to drive to
housing alternatives. (Ord. No. 1842, § 2, 10-11-88)
Sec. 8-10103. Conversion impact report; data on mobile home owners and tenants; duty to file.
(a) Any person who files an application with the city for a general plan amendment or for a rezoning of
land use type or density, or for approval of a tentative map (including a tentative parcel map), or other
application for the purpose of a change of use of a mobile home park shall simultaneously file a
conversion impact report with the director of community development, complying with the requirements of
this section. No such application shall be considered or deemed completed or processed for
consideration and approval unless and until such conversion impact report shall have been filed as
required by this subsection.
(b) The conversion impact report shall contain the following information:
(1) The names and addresses of all mobile home owners within the mobile home park(including
absentee mobile home owners), as shown on the rental agreement applicable thereto,and the names
and addresses of all mobile home tenants within a period commencing on the earlier of the following
dates: (i)the date of application for change of use; (ii)the date of filing of a notice of determination that
the mobile home park is undergoing a change of use pursuant to section 8-10104, if such a notice was
filed prior to the application.
(2) The age, including date of manufacture, of each mobile home within such park, including the type of
mobile home, width characteristics, size, and number identifying the mobile home space being occupied.
(3) A list of vacant mobile home spaces in comparable mobile home parks within a twenty-mile radius
of the park which is the subject of the application or request, and in mobile home parks within a two
hundred-mile radius of such park.The list shall contain a schedule of site rental rates for each mobile
4
home park listed, and criteria of the management of each mobile home park for acceptance of mobile
home owners as new tenants and mobile home tenants.
(4) A designation of the names, addresses and telephone numbers of one or more housing specialists
from the list compiled by the director of community development pursuant to section 8-10102, and the
names, addresses and telephone numbers and fee schedules of persons qualified as mobile home
movers and of persons who are qualified appraisers of mobile homes.There shall be included an
explanation of the services which the housing specialists will provide. The applicant may designate other
housing specialists, mobile home movers, and appraisers; provided, however, that use of any such
persons pursuant to this chapter shall be subject to approval by the director of community development
after an investigation into the qualifications of any such persons.
(5) A relocation plan, which will include a timetable for implementing the physical relocation of mobile
homes, implementation of relocation assistance, and conversion of the park to one or more other uses.
(6) A specification of relocation assistance, which shall comply with the requirements of section 8-
10107.
(c) A list of the names, addresses and mobile home space identification numbers of all persons whose
names are required pursuant to subsection (b)(1)shall be filed separate and apart from the conversion
impact report. The applicant shall file such list with the director of community development not later than
the date of application for change of use.Where the obligation to file a conversion impact report arises
from the filing of a notice of determination that the park is undergoing a change, pursuant to section 8-
10104, the owner shall file such list not later than thirty day after the date of filing of such notice of
determination. If such names include mobile home owners and mobile home tenants who owned or
occupied mobile homes within the park within the required period but had subsequently relocated, the list
shall include, where such information is available to the applicant, the addresses or locations to which any
such persons relocated during such period. The list shall indicate whether each person included is a
mobile home owner or is a mobile home tenant, and shall clearly indicate the persons who are not
residing in the park. Because the use of such a list has a significant effect on the privacy of the persons
who may be identified therein, the director of community development shall maintain each such list as a
confidential public record which shall not be disclosed to the public except as required by the California
Public Records Act, section 6250 et seq. of the Government Code. (Ord. No. 1842, § 2, 10-11-88)
Sec. 8-10104. Occupancy of park below twenty-five percent; determination of change of use.
(a) Whenever twenty-five percent or more of the total number of mobile home spaces of a mobile home
park are uninhabited and such situation was not caused by physical disaster, including, but not limited to,
fire, flood, storm, earthquake, landslide, or by any other condition beyond the control of the park owner,
5
the park owner shall file with the director of community development a written notice to such effect. For
purposes of this chapter, a mobile home space is "uninhabited"when it is either(1) unoccupied by a
mobile home, or(2)occupied by a mobile home in which no persons reside, or(3) occupied by a mobile
home owned by the park owner and the mobile home is occupied by a mobile home tenant,provided that,
in regard to this number(3) provision, a majority of the mobile home owners (other than the park owner
and other than mobile home tenants of mobile homes owned by the park owner) may enter into an
agreement with the park owner exempting the park owner for a period not to exceed five years, from the
requirement to file a written notice pursuant to this subsection (a). The existence of such a condition as
described in this subsection shall be deemed a "change of use"for purposes of this chapter.
(b) Whenever a mobile home owner or mobile home tenant has reason to believe that the mobile home
park is uninhabited as described in subsection (a), such mobile home owner or mobile home tenant may
file a written statement to that effect with the director of community development. Such statement shall
indicate the particular mobile home spaces which the mobile home owner or mobile home tenant believes
to be uninhabited. Upon receipt of such statement the director of community development shall cause an
investigation and inspection to be conducted as to the correctness of such statement. Upon completion of
the investigation and inspection the director shall conduct a public hearing as to the correctness of the
statement upon not less than thirty days'written notice to the park owner, to the person who filed such
statement, and to all mobile home owners and mobile home tenants of the mobile home park; the park
owner shall promptly provide the director with the names of all mobile home owners and mobile home
tenants. At the hearing the park owner, and any resident thereof may present evidence as to the
correctness of the statement.At the conclusion of the hearing the director of community development
shall make a determination as to whether the statement is or is not correct.
(c) Upon the filing of a notice pursuant to subsection (a)or the making of a determination that the
statement is correct or incorrect pursuant to subsection (b), the director of community development shall
transmit to the park owner a written notice by certified mail, return receipt requested, or by personal
service, which notice shall state, if a notice was filed pursuant to subsection (a), that the mobile home
park is determined to be undergoing a change of use, or, if the determination was made pursuant to
subsection (b), that such park is determined to be undergoing or not to be undergoing a change of use,
as the case may be. If the determination was made pursuant to subsection (b), written notice thereof shall
be given to the park owner and the mobile home owner or mobile home tenant who filed the statement.
The director of community development shall file a copy of such notice with the planning commission. The
notice of determination of change of use shall also direct the park owner to prepare a conversion impact
report pursuant to section 8-10103, and the director of community development shall establish a
reasonable period of time for the preparation of such report pursuant to the requirements of section 8-
10103.
6
(d) After receiving the conversion impact report, the director of community development shall proceed
as provided in section 8-10109.
(e) The determination of the director of community development pursuant to subsection (b) may be
appealed by the mobile home owner or mobile home tenant who filed the statement, or by the park
owner, by filing a written notice of appeal with the secretary of the planning commission not more than
fifteen calendar days after the date of the notice of determination. The planning commission shall conduct
a public hearing on the appeal, and not less than thirty days-notice thereof shall be given by the secretary
to the park owner and the mobile home owners and mobile home tenants thereof.At the public hearing
the planning commission shall consider the investigation and inspection report of the director of
community development, the evidence presented by the park owner and any mobile home owner or
mobile home tenant thereof as to the correctness of the statement, and at the conclusion thereof the
planning commission shall render written findings and a decision on the correctness of the statement.The
findings and decision of the planning commission may be appealed to the city council pursuant to chapter
5(commencing at section 1-5100), title I of this Code.
(f) The failure of the park owner to prepare a conversion impact report within the time required by the
director of community development pursuant to subsection (c) is hereby determined to have a severely
adverse economic effect upon mobile home tenants and eligible mobile home owners due to the delay in
providing necessary relocation assistance which would result from such failure. Such failure is hereby
determined to be a public nuisance. If the park owner fails to prepare or cause to be prepared a
conversion impact report within such required time, the director of community development shall cause
such report to be prepared. Upon completion of such report the director of community development shall
cause a statement of the cost of preparation of such report to be sent to the park owner. If the park owner
fails to reimburse the city for such cost within thirty calendar days after presentation of such statement,
the director of community development shall prepare a report on such expense and file it with the city
clerk.The city clerk shall thereupon submit written notice to the mobile home park owner of the time and
place when the city council shall receive and consider such report and give the park owner not less than
thirty days written notice thereof by certified mail. At the time and place fixed for receiving and considering
such report, the city council, shall hear the same together with any objections which may be raised by the
park owner liable to be assessed for the cost of the report. The director of community development shall
attend such meeting with his record thereof, and upon such hearing, the city council shall make such
modifications in the proposed assessment thereof as it may deem necessary, after which such report and
assessment shall be confirmed by resolution. The amount of the cost of preparation of such report shall
constitute a special assessment against the mobile home park and after thus made and confirmed shall
constitute a lien on such property for the amount of said assessment until paid.The director of finance
shall cause the amount of the assessment to be entered on the city assessment roll opposite the
description of the particular property, and the amount shall be collected with all other taxes thereon upon
7
the property.Thereafter such amounts shall be collected at the same time, and in the same manner, as
general city taxes are collected and shall be subject to the same penalties and interest, and the same
procedure and sale in case of delinquency as provided for city taxes. All laws and ordinances applicable
to the levy, collection and enforcement of city taxes are hereby made applicable to such special
assessment.
(g) The provisions of this section shall not be applicable if an application for conversion of a mobile
home park shall have been filed pursuant to this chapter prior to the filing of a notice pursuant to
subsection (a), or of a written statement pursuant to subsection (b), where such application is pending.
(h) For purposes of the following sections of this chapter, the park owner whose mobile home park
shall have been determined by the director of community development to be undergoing a change of use
shall be deemed to be an "applicant."(Ord. No. 1842, § 2, 10-11-88)
Sec. 8-10105. Conversion impact report; informational meeting(s); notice and distribution to mobile home
owners and residents.
(a) Not less than thirty days prior to the administrative hearing on the conversion impact report
scheduled pursuant to section 8-10109(a), the applicant shall transmit to the mobile home owner and
mobile home tenant of each mobile home occupying a mobile home space within the park a copy of the
conversion impact report, a copy of this chapter, and notices of the date, time and place of the
administrative hearing on the conversion impact report and the informational meeting or meetings
required to be held pursuant to subsection (d).
(b) The copies of the conversion impact report and this chapter, and notices of the administrative
hearing and the informational meetings shall be transmitted either by certified mail, return receipt
requested, or by personal service.When personal service is made, a written certificate of proof of service
shall be filed with the director of community development.Where more than one person occupies a
mobile home, notice need only be sent to the person or persons whose name or names appears on the
rental agreement pertaining to that mobile home space.
(c) Not less than fifteen days prior to the date of the administrative hearing, the applicant shall cause
to be filed with the director of community development a verification that the applicant has complied with
the requirements of this section pertaining to transmittal of copies of the conversion impact report and of
this chapter and of the notices of the administrative hearing on the conversion impact report and on the
informational meeting or meetings.Where such transmittal has been by certified mail, copies of return
receipts shall be filed.When such transmittal has been by personal service, a list shall be filed with the
name of each person served and the date of service.
8
(d) Not later than fourteen days prior to the scheduled administrative hearing on the conversion impact
report, the applicant shall conduct not less than one informational meeting for the residents of the mobile
home park regarding the status of the application for conversion or the impending change of use, the
timing of proposed relocation of residents, relocation benefits available, and the contents of the
conversion impact report. The meeting shall be conducted on the premises of the mobile home park. The
applicant may conduct a series of meetings of groups of residents if a sufficient number are scheduled to
accommodate all of the residents. The housing specialist or specialists designated in the conversion
impact report shall be present at such meeting or meetings.
(e) Not less than five days prior to the administrative hearing on the conversion impact report, the
applicant shall file with the director of community development a statement made under penalty of perjury
that the applicant has complied with the requirements of subsection (d). Such statement shall state the
date, time, and place where such meeting or meetings was or were conducted. (Ord. No. 1842, § 2, 10-
11-88)
Sec. 8-10106. Notice to new residents regarding pending change in status of park; relocation assistance.
When an application for a change of use of a mobile home park has been filed with the director of
community development, or when the director of community development has transmitted a notice
pursuant to section 8-10104(c)that a mobile home park is undergoing a change of use, the park owner
shall advise each new resident who commences occupancy of a mobile home within such park after the
filing of such application or transmittal of such notice in writing, prior to commencement of such
occupancy, that such application has been filed, or that such determination has been made, and that the
resident may not be entitled to any relocation assistance pursuant to section 8-10107. The park owner
shall obtain a signed acknowledgement of each such resident indicating receipt of such information. (Ord.
No. 1842, § 2, 10-11-88)
Sec. 8-10107. Relocation assistance.
(a) The applicant shall include within the conversion impact report a statement of the relocation
assistance which complies with the requirements of this section and that the applicant shall be
responsible for providing such relocation assistance when the planning commission shall have
determined that the conversion impact report complies with the requirements of this chapter except where
and to the extent that any such applicant shall have been exempted from any such requirement pursuant
to section 8-10109.
(b) Relocation assistance shall consist of the reasonable costs of relocating each eligible mobile home
owner giving consideration to each of the following factors:
9
(1) The in-place value of each mobile home, up to one hundred percent where necessary to mitigate
hardship of the mobile home owner, with the in-place value determined without consideration of the effect
the change of use may have on the value of the mobile home.
(2) The age, type, style, size and amenities of each mobile home.
(3) The likelihood that each mobile home will be accepted at another mobile home park within a
reasonable distance and consideration of the mobile home owner's job location, medical facilities and
other important facilities.
(4) The availability of housing for the mobile home owner at a reasonable cost in new housing to be
created on the conversion site and the displacement cost for the construction period, including housing
and living expenses.
(5) All four of the above factors are to be utilized together with the object of mitigating the hardship on
the mobile home owner and avoiding economic waste for the mobile home park owner.
(c) In order to facilitate the intentions of the mobile home owners and an applicant for a change of use
with regard to a change of use, the parties may agree to mutually satisfactory relocation assistance. To
be valid, such an agreement shall be in writing, shall include a provision stating that the mobile home
owner is aware of the provisions of this chapter, shall include a copy of this chapter as an attachment,
shall include a provision in at least ten-point type which clearly states the right to seek and the importance
of obtaining an attorney's advice prior to signing the agreement, and shall be drafted in form and content
otherwise required by applicable state law. No mobile home owner signing a relocation assistance
agreement provided for in this subsection may contest the adequacy of the conversion impact report at
the hearing on such report. Any mobile home owner signing such an agreement may rescind it in writing
within ten days of signing it. Any such agreement which is procured by fraud, misrepresentation, coercion
or duress, of any kind, shall be void and unenforceable.
(d) Services of housing experts.All eligible mobile home owners, except for those not occupying
mobile homes within the mobile home park, and all mobile home tenants of eligible mobile home owners
shall be provided with the services of one or more housing experts to assist them in relocating to
available and appropriate housing upon their request. Any such experts shall be familiar with the housing
market, individual needs for housing types, and income and loan requirements of various types of
housing. Such assistance shall include financial advice, the explanation of the various housing
alternatives available, and transportation of residents who are unable to operate motor vehicles to the
various housing alternatives. Language translators shall be made available when necessary. Any housing
experts or language translators selected by the applicant shall be subject to the approval of the director of
community development.
10
• •
(e) Right of first refusal; below market rate housing on site.All eligible mobile home owners and all
mobile home tenants of eligible mobile_home owners shall be provided with a right of first refusal to
purchase housing to be constructed for sale on the site of the mobile home park, or to lease or rent rental
housing to be constructed for lease or rental on such site. Such persons shall also be entitled to first
priority as to purchase or rental of below market rate units which may be constructed on the site of the
mobile home park pursuant to the applicable program of the city if such persons are otherwise qualified
for such housing.
(f) No benefits shall be provided to any person who is renting a mobile home from the park owner(who
owns the mobile home)where such tenant shall have executed a written agreement with such park owner
waiving his or her rights to any such benefits. No such waiver shall be valid unless it contains the text of
this section, and unless such tenant shall have executed a written acknowledgment that he or she has
read and understands his or her rights pursuant to this chapter and knowingly agrees to waive them.
(g) No waiver by an eligible mobile home owner of any of his or her rights pursuant to this section shall
be valid or effective for any purpose except with regard to a relocation assistance agreement as provided
in section 8-10107(c). (Ord. No. 1842, § 2, 10-11-88)
Sec. 8-10108. Application for exemption from relocation assistance obligations.
(a) Any person who files an application for change of use of a mobile.home park may, simultaneous
with such application, file an application for total or partial exemption from the obligation to provide
relocation assistance pursuant to section 8-10107. The park owner as to whom the director of community
development has made a determination pursuant to section 8-10104(b) may also file such an application
for exemption not later than thirty days from the date of transmittal of the notice of determination by the
director of community development pursuant to section 8-10104(c).
(b) If such application is filed, notice of such application, with the information contained therein, and
distribution thereof to the owners and residents of the mobile home park shall be accomplished pursuant
to subsections (a)and (b)of section 8-10105.
(c) Any such application shall state that it is made on either or both of the following bases:
(1) That provision of relocation assistance would eliminate substantially all reasonable use or
economic value of the property. Such basis may only be established if it is demonstrated that the
imposition of such obligations would eliminate the reasonable use or economic value of the property for
alternate uses, and that continued use of the property as a mobile home park would eliminate
substantially all reasonable use or economic value of the property for reasons not caused or contributed
by the park owner or applicant.
11
(2) That a court of competent jurisdiction has determined in connection with a proceeding in bankruptcy
that the closure or cessation of use of said property as a mobile home park is necessary, and that such.
court has taken further action which would prohibit or preclude payment of relocation assistance benefits,
in whole or in part.
(d) Any such application made pursuant to subsection (c)(1)shall contain, at a minimum, the following
information:
(1) Statements of profit and loss from the operations of the mobile home park for the most recent five-
year period of the date of the application or request, certified by a certified public accountant. All such
statements shall be maintained in confidence as permitted by the California Public Records Act.
(2) If the applicant contends that continued use of the property as a mobile home park necessitates
repairs or improvements or both, and that the cost thereof makes continuation of the park economically
infeasible, a statement made under penalty of perjury by a general contractor licensed as such pursuant
to the laws of the State of California certifying that such contractor has thoroughly inspected the entire
mobile home park; that such contractor has determined that certain repairs and improvements must be
made to the park to maintain the park in a decent, safe, and sanitary condition; the minimum period of
time in which such improvements or repairs must be made; an itemized statement of such improvements
and repairs; and the estimated cost thereof with the costs of repairs and improvements, if any, due to
deferred maintenance separately identified. The applicant shall also submit a statement verified by a
certified public accountant as to the necessary increase in rental rates of mobile home spaces within the
park within the next five years necessary to pay for such repairs or improvements. If the director of
community development requires an analysis of the information submitted by the general contractor, the
director may procure the services of another such licensed general contractor to provide such written
analysis, and the cost thereof shall be billed to and payment therefor shall be required from the applicant.
(3) The estimated total cost of relocation assistance which would otherwise be required to be provided
pursuant to this chapter, which shall be based upon documented surveys, included with the application, of
the available mobile home spaces within twenty miles of the mobile home park, and the value of the
mobile homes in the park.
(4) An estimate of the value of the mobile home park by a qualified real estate appraiser if the park
were permitted to be developed for the change of use proposed in the application for redevelopment of
the park, and an estimate of the value of such park by such appraiser if use of the property as a mobile
home park is continued.
(5) Such other information which the applicant believes to be pertinent, or which may be required by
the director of community development.
12
(e) Any such application filed pursuant to subsection (c)(2)shall be accompanied by adequate
documentation as to the title, case number, and court in which the bankruptcy proceeding was held, and
copies of all pertinent judgments, orders, and decrees of such court. (Ord. No. 1842, § 2, 10-11-88)
Sec. 8-10109. Change of use determination, application for conversion; hearings; findings.
(a) When a change of use determination has been made as provided in section 8-10104 or when
application has been filed for a general plan amendment, rezoning, tentative map, or other application for
the proposed change of use of a mobile home park, the director of community development shall
r
schedule an administrative hearing to be held on the conversion impact report, and on any application for
exemption from relocation assistance obligations, in the manner provided in section 8-10101(a). Findings
made by the hearing officer shall be delivered to the planning commission.The hearing officer shall make
specific findings on the factors listed in section 8-10107(b).
(b) Based on the findings of the hearing officer, the planning commission shall make findings and a
decision on the adequacy of the conversion impact report and any exemption application in conjunction
with a public hearing on any general plan amendment, rezoning, tentative map, or other application for a
change of use.
(c) The planning commission shall make one of the following findings on the conversion impact report
based on the findings of the hearing officer:
(1) That the conversion impact report complies with the requirements of this chapter.
(2) That the conversion impact report does not comply with one or more requirements of this chapter.
In such instance, the planning commission shall indicate in which respects the report does not comply
with any such requirement. If the project is approved, the planning commission may condition such
approval upon amendments to the relocation assistance plan.
(d) Where an exemption from relocation assistance has been applied for based upon the impact of
such assistance upon the reasonable use of the property pursuant to section 8-10108(c)(1), the planning
commission shall make one of the following findings based on the findings of the hearing officer:
(1) That the applicant shall not be exempt from relocation assistance obligations because substantial
evidence has not been shown that both of the following are true: that the continued use of the property as
a mobile home park would eliminate substantially all reasonable use of such property, and that the cost of
relocation assistance benefits which would otherwise be required by this chapter for alternative uses
would eliminate substantially all reasonable use or economic value of the property for such uses.
13
(2) That the applicant or owner shall be exempt from relocation assistance obligations, in whole or in
part, because he or she has shown substantial evidence that continued use of the property as a mobile
home park would eliminate substantially all reasonable use or economic value of such property; that
imposition of such obligations, in whole or in part, would eliminate substantially all reasonable alternative
use or economic value of the property; and that relocation assistance is not feasible because such
assistance is not capable of being accomplished in a successful manner within a reasonable period
taking into account economic, environmental, social and technological factors. In making findings on an
exemption application, the hearing officer and the planning commission may take into account the
financial history of the mobile home park, its condition and the condition of amenities and improvements
thereon, the cost of any necessary repairs, improvements or rehabilitation of such park, the estimated
cost of relocation assistance benefits, the fair market value of the property for the proposed alternative
use, the fair market value of the property for continued use as a mobile home park, and other pertinent
evidence presented. In rendering its decision, the planning commission shall have the power to eliminate
or waive all or portions of any type of benefit which would otherwise be applicable, if required by this'
section.The commission shall expressly indicate in its decision any such waiver or elimination and the
degree thereof, and a detailed explanation of the reasons therefor.
(e) Where an exemption from relocation assistance has been applied for based upon bankruptcy
proceedings pursuant to section 8-10108(c)(2), the planning commission shall make one of the following
findings based on the findings of the hearing officer.
(1) That the application or project shall be exempt from relocation assistance obligations, in whole or in
part, because a court of competent jurisdiction has determined in connection with a proceeding in
bankruptcy that the closure or cessation of use of said property as a mobile home park is necessary, and
because such court has taken further action which would prohibit or preclude payment of such benefits,
whether in whole or in part. In rendering its decision, the planning commission shall have the power to
eliminate or waive all or portions of any type of benefit to the extent necessary to comply with the
judgment, order, or decree of the court.
(2) That the applicant shall not be exempt from any relocation assistance obligations based upon any
actions of a court of bankruptcy, because substantial evidence has not been shown that any such court
has ordered the closure or cessation of use of said property as a mobile home park, or that such court
has prohibited or precluded the payment of any such benefits, or both.
(f) No application for an amendment to the general plan or zoning ordinance, or approval of a tentative
map or conditional use permit for change of use of a mobile home park shall be approved unless and until
the planning commission shall have determined that the conversion impact report complies with the
requirements of this chapter. The approval of an exemption from relocation assistance obligations shall
14
have the effect of elimination of the requirement of such portion of the conversion impact report. If such
conversion impact report is determined not to comply with the requirements of this chapter, the
aforementioned application shall not be considered further unless and until the report is revised, an
administrative hearing upon appropriate notice is conducted thereon, and the report is determined to be in
compliance with the requirements of this chapter. (Ord. No..1842, § 2, 10-11-88)
Sec. 8-10110. Appeal to city council.
(a) All decisions of the planning commission pursuant to this chapter are final and binding unless
appealed to the city council pursuant to chapter 5 (commencing at section 1-5100)of title I of this Code.
(b) In conducting the hearing on any such appeal, the city council shall be subject to all the provisions
of this chapter on the same basis as the planning commission. Unless council rules expressly otherwise,
the hearing shall be de novo.
Any such appeal shall be heard in conjunction with any public hearing on any application for a general
plan amendment, rezoning, tentative map, or other application for a change of use. Notwithstanding any
other provision of this Code to the contrary, any tentative map or other application for a change of use
shall be subject to review by the city council, in the event an appeal is filed pursuant to this section.
(c) If no appeal is filed pursuant to this section, the decision and findings of the planning commission
shall be final and binding notwithstanding the fact the city council is reviewing the general plan
amendment, rezoning, tentative map, or other application for a change in use. (Ord. No. 1842, § 2, 10-11-
88)
Sec. 8-10111. Obligations of applicant or mobile home park owner after approval of conversion impact
report.
After the date of determination that the conversion impact report complies with the requirements of this
chapter, the applicant shall undertake or be responsible for performance of the following obligations,
except to the extent that the planning commission may have exempted the application therefrom pursuant
to section 8-10109:
(a) Not later than thirty days from the date of such determination, the housing specialist or specialists
shall make personal contact with each resident of the mobile home park and commence consultations to
determine the proper relocation assistance to be provided. The housing specialist or specialists shall give
each resident and former resident eligible to receive relocation assistance written notice of his or her
relocation assistance.
15
(b) Not less than thirty-five days prior to the date any eligible mobile home owner is required to vacate
the mobile home park, any cash or monetary relocation assistance due by agreement or by plan shall be
paid to such eligible mobile home owner, or to any person,firm or corporation performing relocation
related services for the resident, as the resident may direct. If the applicant elects to take title to a mobile
home pursuant to agreement or by plan, the mobile home owner shall be required to submit to the
applicant all documents necessary to transfer complete title and ownership of such mobile home to the
applicant, free and clear of all security interests, liens, or other encumbrances.
(c) Not more than six months from the date of such determination, any required appraisals of mobile
homes shall be completed. If any such appraisal is incomplete due to any act or omission of the park.
owner or applicant, the otherwise required time for vacation of the mobile home park by the residents
affected by such delay shall be extended by ninety days. If any such appraisal is incomplete due to any
act or omission of a mobile home owner, the park owner or the applicant, as the case may be, shall give
the owner of the mobile home a written notice of such deficiency, which shall state that if the appraisal is
not completed within thirty days of the notice, the appraisal of the park owner or applicant, as the case
may be, shall govern. If the mobile home owner does not complete such appraisal within such period, the
required valuation of the mobile home shall be based upon the appraisal of the park owner or applicant,
as the case may be. In addition, not more than six months from the date of such determination, the .
applicant or park owner, as the case may be, shall enter into contracts with moving contractors necessary
for the relocation of mobile homes or personal property, or both.
(d) The date upon which any resident of the mobile home park is required to vacate such park, or upon
which any mobile home owner is required to be removed from the mobile home park shall be not less
than six months from the date of notice of termination of tenancy and not less than thirty-five days from
the date of payment of any required relocation benefits.
(e) If the park owner or the applicant, on such application, specifically requests that any of the time
limitations required by this section be modified, the hearing officer shall consider any such modification
and evidence relating to the need therefor at the hearing on the conversion impact report. The hearing
officer shall have the power to make modifications in such time limits, both in response to a request and
on the hearing officer's own motion, in conjunction with any approval of a conversion impact report, as the
hearing officer may deem just and reasonable. (Ord. No. 1842, § 2, 10-11-88)
Sec. 8-10112. Payment of relocation assistance benefits prerequisite to issuance of building permit to
redevelop park.
No building permit shall be issued for the development of any real property which has been or is being
converted from a mobile home park pursuant to this chapter unless and until the applicant or the owner of
16
the property, as the case may be, who is responsible for payment of any required monetary relocation
assistance, shall have filed with the director of community development a verified statement made under
penalty of perjury that relocation assistance payments required pursuant to this chapter have been paid.
Such statement shall specify in itemized form each payee, the amount paid, the date of payment, the type
of relocation or other assistance for which each such payment was made. (Ord. No. 1842, §2, 10-11-88)
Sec. 8-10113. Eminent domain.
In the event there is an exercise of eminent domain by the city which has the effect of a change of use on
one or more mobile home sites, relocation assistance benefits shall be provided by the city to mobile
home owners pursuant to the provisions of this chapter or the law of eminent domain, whichever provides
the maximum benefit. (Ord. No. 1842, § 2, 10-11-88)
Sec. 8-10114. Administration fee.
The city council may by resolution establish reasonable fees to cover any costs incurred by the city in
implementing this chapter, to be paid by the park owner or applicant subject to the provisions of this
chapter, in accordance with the limitations of section 65863.7(g)of the Government Code. (Ord. No.
1842, § 2, 10-11-88)
Sec. 8-10115. Remedies for noncompliance.
Any park owner or applicant who violates any rights of any mobile home owner established under this
chapter shall be liable to the mobile home owner for the actual damages caused by such violation, plus
costs and reasonable attorney's fees.The city may bring an action to enforce this section on behalf of any
mobile home owner. (Ord. No. 1842, § 2, 10-11-88)
I
17
Town of Los Gatos, California
Chapter 29, Division 8. Conversions of Mobile Home Parks to Other Uses
Sec. 29.20.805. Definitions.
As used in this division, the following words and phrases shall have the following meanings:
Applicant. The person, firm, entity, or corporation applying for a mobile home park conversion permit. If
the owner of the controlling interest in a mobile home park is not the applicant, then the applicant must
provide evidence of the controlling owner's consent to the filing of the application.
Cessation of use of land as a mobile home park. A decision by the owner of a mobile home park to
discontinue the use of the property as a mobile home park which was not the result of an adjudication of
bankruptcy.
Change of use. The change of the use of a mobile home park for a purpose other than the rental, or the
offering for rent, of two(2)or more mobile home sites to accommodate mobile homes for human
habitation. "Change of use" includes, but is not limited to, a change of the park or any portion thereof to a
condominium, stock cooperative, or any form of ownership wherein spaces within the park are to be sold,
and the cessation of all or a portion of the park, whether immediately or on a gradual basis, or the closure
of the park.
Closure of a mobile home park. To stop or cease providing spaces for lease at a mobile home park either
by voluntary acquisition of existing mobile homes in the park by the owner(s)of the mobile home park or
the removal of existing mobile homes by the mobile home owner and failure to lease more than seventy-
five(75) percent of the vacant spaces to otherwise qualified mobile home owners.
Comparable housing. Housing which is comparable in floor area and number of bedrooms to the mobile
home to which comparison is being made, which housing meets the minimum standards of the Uniform
Housing Code.
Comparable mobile home park. Any other mobile home park substantially equal in terms of park
amenities, rent, proximity to public transportation, shopping, doctors, hospitals and churches, the job
market in which a displaced mobile home owner is gainfully employed, proximity to schools if the mobile
home owner has school age children, and other relevant factors.
Conversion impact report. A report required by Government Code sections 65863.7 and 66427.4 (as they
may be amended) and containing the information set forth in section 29.20.835 of this division.
Conversion of a mobile home park. Any change which results in the elimination of any mobile home lot,
including the conversion of any long-term lots to short-term lots.A long-term lot is converted to a short-
term lot if, subsequent to August 1, 1988, any habitable structure not meeting the definition of a "mobile
home" is moved onto the lot. However, the following shall not constitute a conversion of a mobile home
park:
(1) During any three-year period subsequent to August 1, 1988, no more than one(1) lot may be
converted to other uses, provided all necessary governmental approvals, including amendment to any
conditional use permit, is obtained from the Town.
(2) The voluntary sale of existing mobile homes in a park to the park owner and the subsequent rental
of the mobile home by the park owner.
(3) A change in ownership to a limited equity cooperative, provided all mobile home owners residing in
the mobile home park are offered lifetime leases pursuant to Health and Safety Code section 33007.5.
Eligible mobile home owner. A mobile home owner whose mobile home was located in a mobile home
park on the earlier of the following:
(1) The date of submittal of a development application form for a mobile home conversion permit;
(2) The date of filing of a notice of a change of use that the park is undergoing a change of use
pursuant to section 29.20.845 if such notice was filed.
Mobile home owner. The registered owner of a mobile home, regardless of the number of such owners or
the form of such ownership. Any location assistance payable to an owner of a mobile home shall be
deemed paid to all owners of that mobile home when paid to any one(1)of them.
Mobile home park owner. That person or persons or corporation with the controlling or proprietary interest
in the mobile home park.
Mobile home site. An area within a mobile home park shown as being occupied by or designated for
occupancy by an individual mobile home in the most recent aerial photographs of the Town or portions
thereof within the records of the Community Services Program Manager.
Mobile home site, uninhabited. A mobile home site that is either unoccupied by a mobile home, or
occupied by a mobile home in which no person resides.
2
Mobile home tenant. A person who occupies a mobile home within a mobile home park and is not the
owner of the mobile home.
Unit affordabil.ity levels. The affordability of mobile home units at time of mobile home park closure as
related to the State index for very low, low, moderate and above moderate income households. (Very low
is 0--50% of the Santa Clara County median income, low is 51--80% of the median income, moderate is
81--120% of the median income, above moderate is 120%+ of the median income.)
(Ord. No. 1316, §4.38.010, 6-7-76; Ord. No. 1758, § IV, 8-1-88; Ord. No. 2055, § I, 1-4-99)
Sec. 29.20.807. Interpretation of division.
In the interpretation and application of this division, all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the Town; and
(3) Deemed neither to limit nor repeal any other powers granted under state statutes.
(Ord. No. 2055, § II, 1-4-99)
Sec. 29.20.810. Permit--Required; application procedures.
(a) Any applicant desiring to convert a mobile home park to another use, close a mobile home park, or
to cease to use land as a mobile home park shall apply for a mobile home park conversion permit by
submitting a completed application to the Planning Department. The completed application shall include
the following:
(1) A completed development application form and fee in the amount specified by resolution.
(2) A list of the names and addresses of all mobile home owners occupying a mobile home space
within the park as of the date of submitting the development application form.
(3) Applications and fees for any other discretionary permits that will be required, including, but not
limited to, zone change, conditional use permit and tentative or parcel map.
(4) The proposed timetable for conversion of the park.
(5) A conversion impact report prepared in accordance with section 29.20.835.
3
(6) Any other information which may be required by the Town to ensure compliance with this chapter
and requirements of State law.
(b) Within ten (10)days after receipt of a development application form, the mobile home owners of the
affected mobile home park shall be notified by the Planning Department of the receipt of the development
application, what the applicant is requesting, and a proposed time schedule for consideration of the
application.
(c) Within thirty(30)days after receipt of all materials required pursuant to subsections (a)(1)--(5)of
this section, the Planning Department shall determine if the application is complete. If the application is
not complete, the Planning Director shall notify the applicant in writing of the deficiency or deficiencies.
The applicant shall correct any deficiencies within sixty(60)days of mailing of the notice by the Planning
Director, unless extended by agreement, otherwise the application shall be deemed t o have been
abandoned.
(Ord. No. 1316, §4.38.020, 6-7-76; Ord. No. 1758, § IV, 8-1-88)
Sec. 29.20.815. Same--Hearing on application.
(a) Within thirty(30)days following the receipt of a completed application for a mobile home park
conversion permit, the application shall be set for public hearing before the Planning Commission.The
public hearirig shall be opened, conducted, and closed within that thirty-day period. However, an
extension or extensions cumulatively totaling no more than sixty(60)additional days may be granted if
mutually agreed to by the Planning Commission and the applicant.
(b) At the public hearing, or any continuation of it, all interested parties will be allowed to present
evidence to the Planning Commission on any aspect of the application. The evidence shall include, but
not be limited to,justification for the payment of relocation costs, including the fair market value of any
mobile home, evidence why a mobile home cannot be relocated to a comparable park, and similar
information.
(c) In addition to the information/testimony received at the public hearing, the Planning Commission
shall consider the information set forth in the application.
(d) The Planning Commission shall, within thirty(30)days after the close of the public hearing,forward
a recommendation to the Town Council. The Planning Commission's recommendation shall be forwarded
to the Town Council for consideration. The Town Council may approve, conditionally approve, or deny a
mobile home park conversion permit involving a proposed change of use(other than simple closure of the
park or cessation of the use of the land as a mobile home park) pursuant to its inherent, implied and expr
4
• •
ess local land use authority under both State and local law. The Town Council shall not deny, but may
approve or conditionally approve a mobile home park conversion application involving the simple closure
of the park, or cessation of the use of the land as a mobile home park, with no intended new use other
than the closure or cessation, provided the applicant has properly complied with the requirements of this
chapter and there is no evidence that the applicant or owner(s) have attempted to evict or otherw ise
cause the removal of mobile home owners for the purpose of avoiding or reducing payment of relocation
assistance.
(Ord. No. 1316, §4.38.060, 6-7-76; Ord. No. 1758, § IV, 8-1-88)
Sec. 29.20.820. Same--Findings upon consideration of application.
The Town Council, in considering an application for a mobile home park conversion permit, shall accept
and hear evidence, shall consider such evidence, and shall make written findings based on such
evidence regarding each of the following:
(1) Whether the information submitted with the application indicates that the proposed conversion,
closure, or cessation of use will have an adverse impact upon the mobile.home owners of the mobile
home park.
(2) Whether there will exist at the time of the conversion, closure, or cessation of use, sufficient mobile
home space availability within the Town and/or within the area surveyed in the impact study to
accommodate the mobile homes to be displaced.
(3) Whether the age, type, condition, and style of mobile homes within the park are such that the
mobile homes are able to be moved and accepted into other parks within the area surveyed in the impact
study.
(4) Whether the mobile home owner cannot relocate to a comparable mobile home park within the
impact study area and justification for that conclusion.
(5) What constitutes reasonable costs of relocation.
(6) If the proposed conversion is to another residential use, whether the mobile home owners will have
first opportunity to purchase, if for sale, or occupy the new.units, and whether the construction schedule
will result in unreasonably long-term displacements.
(7) Whether the proposed conversion is consistent with the Town's general plan, any applicable
specific plan and/or zoning ordinances.
5
(8) Whether the proposed conversion will be detrimental to the public health, safety and general
welfare.
(9) Whether all reports and notices required by law have been properly prepared and properly served.
(10) Whether an applicant should be exempt from providing relocation assistance if an application for
exemption is submitted under section 29.20.850.
(11) Whether an equivalent number of units available to very low, low and moderate income
households, proportional to unit affordability levels at the time of mobile home park closure is proposed to
replace mobile home units existing at the time of the closure. Subject to conditions imposed by the Town,
the replacement units may be located on-site or off-site or any combination thereof but must be located
within the Town of Los Gatos.
(12) Whether each of the proposed replacement units will include similar amenities (e.g., number of
bedrooms and bathrooms)as each of the mobile home units existing at the time of the mobile home park
closure.
(Ord. No. 1316, §4.38.070, 6-7-76; Ord. No. 1758, § IV, 8-1-88; Ord. No. 2055, § III, 1-4-99)
Sec. 29.20.825. Same--Conditions for approval.
In approving a mobile home park conversion permit, the Town may attach reasonable conditions in order
to mitigate the impacts associated with the conversion, closure, or cessation of use, and the applicant
shall enter into an agreement with the Town to ensure those conditions are implemented. However, such
conditions shall not exceed the reasonable costs of relocation. Such conditions may include, without
limitation, the following:
(1) An effective date of termination of tenancy of not less than six(6) months from the date of the
approval of the mobile home park conversion permit(as required by Civil Code section 798.56(f)) (as it
may be amended)so as to provide sufficient time for the relocation of the mobile homes to other parks.
(2) Payment of the amount of relocation assistance to each eligible mobile home owner.
(3) Time for payment of relocation assistance.
(4) Full payment to each eligible mobile home owner the reasonable costs of relocation, which could
include:
6
a. For mobile home owners who are unable to relocate, a determination of a fair value of their mobile
homes based on information contained in the conversion impact report and received at the public hearing.
b. For mobile home owners who relocate within the study area, the actual costs of dismantling, moving,
reassembling and rebuilding, as necessary, the mobile home, skirting, tie-downs, and other foundation
and stabilizing materials, and all other associated structures and property; packing, moving and
unpacking all personal property; and in transit costs for meals, lodging and gas.
c. For mobile home owners who relocate their mobile home to a mobile home park outside of the study
area, or to a location other than a mobile home park, assistance may consist of the estimated cost they
would have incurred had they relocated to the closest mobile home park which would accept their mobile
home, as determined by the conversion impact report.
(5) In order to facilitate a proposed conversion, closure, or cessation of use of a mobile home park, the
mobile home owners and applicant(s) may agree to mutually satisfactory conditions. To be valid,
however, such an agreement shall be in writing, shall include a provision stating that the mobile home
owner is aware of the provisions of this division, shall include a copy of this division as an attachment,
shall include a provision in at least ten-point type which clearly informs the mobile home owner that th e
owner has the right to seek the advice of an attorney of the owner's choice prior to signing the agreement
with regard to the owner's rights under such agreement, and shall be drafted in the form and content
otherwise required by applicable State law.
(Ord. No. 1316, §4.38.080, 6-7-76; Ord. No. 1758, § IV, 8-1-88)
Sec. 29.20.830. Same--Term and extension.
The mobile home park conversion permit shall expire one (1) year from the date of its approval unless
twenty-five(25) percent or more of the mobile home owners receive relocation assistance in accordance
with this division, or the applicant requests an extension setting forth justification for not having proceeded
within the one-year period. No more than two (2)such extensions shall be granted by the Planning
Commission. An application must be filed with the Planning Department no less than sixty(60)day s prior
to the expiration of the mobile home park conversion permit or any extension, and the Town Council shall
hold a public hearing on the application. Upon completion of the public hearing the Town Council shall
approve, approve with conditions, or deny the application. If relocation assistance has not been provided
to all eligible mobile home owners in accordance with this division within three(3)years of the original
date of approval, a new study shall be done in accordance with this division. Each year on the
anniversary date of the approval of the original mobile home park conversion permit, the relocation
assistance provided for by the approving body shall be increased by an amount equivalent to the increase
7
in the cost-of-living index for the Oakland/San Francisco area published by the U.S. Department of Labor.
The index shall be for the quarterly period closest to the anniversary date of the permit.
(Ord. No. 1316, §4.38.090, 6-7-76; Ord. No. 1758, § IV, 8-1-88)
Sec. 29.20.835. Conversion impact report--Generally.
No application shall be deemed complete until a conversion impact report has been prepared as required
by this section. The conversion impact report shall be prepared in the following manner:
(1) The Planning Department shall select a consultant to perform a conversion impact report.The
applicant shall be notified in writing of the estimated cost of the report and shall deposit that sum with the
Planning Department prior to the commencement of any work on the report.The Town will then contract
with a consultant for the preparation of the conversion impact report. If at any time during the contract
period additional monies are needed to complete the impact report, the applicant will be advised in w
riting of the amount that is required. Before any additional work is performed on the report, the applicant
shall provide the additional sum to the Department. Any excess funds remaining upon completion of the
impact report shall be returned to the applicant.
(2) Each impact report shall be tailored to address the specific problems and needs of each application
and mobile home park. However, each report shall contain the following information:
a. A list of names, addresses and mobile home site identification numbers, length of residency in the
mobile home park of all persons owning mobile homes within the mobile home park and the names of all
mobile home tenants within a period commencing on the earlier of the following dates:
1. The date of development application form.
2. The date of filing of a notice of change of use that the park is undergoing a change of use pursuant
to section 29.20.845 if such a notice was filed prior to the application.
b. For each mobile home within such park: the age of the mobile home (including date of manufacture),
mobile home type, width characteristics, size, and the number identifying the mobile home site it
occupies.
c. A description of the mobile home park including amenities, the age of the mobile home park, the
number of mobile homes existing in the park, the number of mobile homes approved by the conditional
use permit, and a detailed description and plan of the park as to the landscaping and individual site
development.
8
d. A list of vacant mobile home sites in comparable mobile home parks within a twenty-mile radius of
the park that is the subject of the application. This information shall include amenities offered, rent and
terms, policies and restrictions on the type of mobile homes and residents accepted, proximity to public
transportation, shopping centers and schools and available job market. If the Town determines that the
twenty-mile study area does not identify a number of comparable parks with available spaces equal to or
greater than the mobile home park identified in the application, the study area shall be expanded until
such number of available lots in comparable mobile home parks are identified, but in no case shall the
study area extend beyond one hundred (100) miles of the Town.
e. A list of persons, firms and organizations with proven expertise in the fields of housing and relocation
of persons displaced from housing.Those listed shall be qualified in assisting mobile home owners in
locating replacement housing, rendering financial advice on qualifying for various type of housing,
explaining the range of housing alternatives available, gathering and presenting to persons needing
housing relocation assistance adequate information as to available housing, and/or being able to transpor
t persons unable to drive to housing alternatives. These lists shall include the names, addresses,
telephone numbers, and fee schedules of persons qualified as mobile home movers. The information
shall include an explanation of the services which the housing specialists can provide.
f. A relocation plan, which will include a timetable for implementing the physical relocation of mobile
homes, implementation of relocation assistance, and conversion of the park to one(1) or more other
uses.
g. The average vacancy rate, mobile home lot lease rates, and tenant rental rates in the affected
mobile home park for each of the three (3)years prior to the filing of the application.
h. The number of evictions and the reason(s)for the evictions, in the affected mobile home park during
the three (3)years prior to the filing of the application.
i. The estimated reasonable cost of relocating the mobile homes of mobile home owners to be
displaced to available lots within the impact study area which are as similar as possible to the currently
occupied mobile home lots. The cost of relocating shall include the costs of dismantling, packing, moving,
reassembling, rebuilding and unpacking, as necessary,the mobile home, all personal property, skirting,
tie-downs and other foundation and stabilizing materials, all other associated structures and property.
j. A determination of the number of mobile home owners of the affected park who are eligible to
relocate their mobile homes to a comparable mobile home park.
k. Determine a recommended fair value of each mobile home, and all associated fixed property which
cannot be relocated to a comparable mobile home park. In determining a recommended fair value, the
9
consultant shall consider the mobile homes in their current location, assuming the continuation of the
mobile home park in a safe, sanitary and well-maintained condition and competitive base rates. The
analysis shall include both the Blue Book Index price and the"in place"value of each mobile home in the
park. The consultant shall specify why the mobile home cannot be relocated to a comparable mobile
home park and the basis for determining the recommended value of the mobile home.
I. The availability and cost of alternate housing of comparable size and quality in the Town.
m. If the proposed change of use is for a residential development, a list of the units, if any, that will be
offered to a qualified mobile home owner at below market prices and what the terms of a purchase or
lease would include.
n. Any other information which the Town determines is needed to address the specific issues raised by
the application, the impact study and in order to implement this division.
(Ord. No. 1316, §4.38.030, 6-7-76; Ord. No. 1758, § IV, 8-1-88)
Sec. 29.20.840. Same--Information meeting(s); notice and distribution to home owners and residents.
(a) A copy of the conversion impact report and this division and notice of the dates, times and places of
the public hearings on the conversion impact report and the informational meetings required in subsection
(b)of this section shall be transmitted by the applicant to each mobile home owner not less than thirty
(30)days prior to the scheduled public hearings on the conversion impact report either by certified mail,
return receipt requested, or by personal service.
(b) Not later than fifteen (15)days prior to the scheduled public hearing before the Planning
Commission on the conversion impact report, the applicant shall conduct not less than one(1) but not
more than three(3) informational meetings for the mobile home owners of the mobile home park
regarding the status of the application for closure, conversion or the impending cessation of use, the
timing of proposed relocation of eligible mobile home owners, relocation benefits available, and the
contents of the conve rsion impact report. No less than three(3) meetings shall be conducted unless all of
the mobile home owners have been able to attend. The meeting(s)shall be conducted on the premises of
the mobile home park. A representative of the consulting firm that prepared the conversion impact report
shall be present at such meeting or meetings.
(c) Not less than ten (10)days prior to the date of the public hearing, the applicant shall cause to be
filed with the Planning Department the appropriate information to verify that the applicant has complied
with the requirements of subsections(a) and (b)of this section. Where such transmittal has been by
certified mail, copies of return receipts shall be filed.When such transmittal has been by personal service,
10
the name of each person served and the date of service, the name of the person serving the docu ments
and a written certificate of proof of service shall be filed with the Planning Department. In addition, a
statement shall be filed with the Planning Department, indicating the date, time, and place where the
informational meeting(s)was or were conducted.
(Ord. No. 1316, §4.38.050, 6-7-76; Ord. No. 1758, § IV, 8-1-88)
Sec. 29.20.845. Occupancy of park below seventy-five(75) percent;filing of notice.
(a) Whenever twenty-five (25) percent or more of the total number of mobile home sites of a mobile
home park are uninhabited for a period of ninety(90)days and such situation was not caused by physical
disaster, including, but not limited to, fire,flood, storm, earthquake, landslide, or by any other condition
beyond the control of the owner of the mobile home park, the owner of such park shall file with the
Community Services Program Manager a notice of change of use(hereinafter"notice")to such effect.Th
e notice shall be submitted within ten (10)days after the ninety-day period has lapsed. For purposes of
this division, a mobile home site is "uninhabited"when it is either unoccupied by a mobile home or
occupied by a mobile home in which no person resides. The existence of the condition described in this
subsection (a)shall be deemed a closure, conversion or cessation of use for purposes of this division.
(b) Whenever a mobile home owner of a mobile home park has reason to believe that such park is at
least twenty-five (25) percent uninhabited and that such situation was not caused by physical disaster,
including, but not limited-to, fire,flood, storm, earthquake, landslide, or by any other condition beyond the
control of the owner of the mobile home park, such mobile home owner may file a written statement to
that effect with the Community Services Program Manager. Such statement shall indicate the particular
sites that the mobile home owner believes to be uninhabited. Upon receipt of such statement, the
Community Services Program Manager shall cause an investigation and inspection to.be conducted as to
the correctness of such statement. Upon completion of the investigation and inspection, a public hearing
before the Town Council shall be conducted as to the correctness of the statement upon not less than
thirty(30) days'written notice to the owner of the mobile home park, to the person who filed such
statemen t, and to all mobile home owners of the mobile home park. At the hearing the owners of the
mobile home park and any mobile home owners thereof may present evidence as to the correctness of
the statement. At the conclusion of the hearing the Town Council shall make a determination as to
whether the statement is or is not correct.
(c) Upon the filing of a notice pursuant to subsection (a)of this section, or the making of a
determination that the statement is correct or incorrect pursuant to subsection(b)of this section, the
Community Services Program Manager shall transmit to the owner of the mobile home park a written
notice by certified mail, return receipt requested, or by personal service, which notice shall state, if a
11
notice was filed pursuant to subsection (a)of this section, that the mobile home park is determined to be
under going a closure, conversion or cessation of use, or, if the determination was made pursuant to
subsection (b)of this section, that such park is determined to be undergoing or not to be undergoing a
closure, conversion or cessation of use, as the case may be. If the determination was made pursuant to
subsection (b)of this section, written notice thereof shall be given to the owners of the mobile home park
and the mobile home owner who filed the statement. The Community Services Program Manager shall
file a copy of such notice. A notice of change of use shall initiate the preparation of a conversion impact
report pursuant to section 29.20.835.The Planning Director shall schedule public hearings before the
Planning Commission and Town Council regarding the adequacy of the conversion impact report if it is
required. Such hearings shall be scheduled so as to allow adequate time for notice and distribution of the
report to mobile home owners and the scheduling of informational meetings pursuant to section 29.20.
840.
(d) For purposes of the ensuing sections of this chapter, the owner of a mobile home park whose
mobile home park shall have been determined by the Town Council to be undergoing a closure,
conversion or cessation of use shall be deemed to be an "applicant"and shall file all required forms and
pay all required fees pursuant to section 29.20.810.
(Ord. No. 1316, §4.38.040, 6-7-76; Ord. No. 1758, § IV, 8-1-88)
Sec. 29.20.850. Application for exemption from relocation assistance obligations.
An applicant for a mobile home conversion permit may file simultaneously with that application an
application for total or partial exemption from the obligation to provide relocation assistance in accordance
with this division.The owner of a mobile home park may also file such an application for exemption not
later than thirty(30)days from the date of transmittal of the notice of change of use by the Community
Services Program Manager pursuant to section 29.20.845(c).
(1) If such application is filed, notice of such application shall be accomplished pursuant to section
29.20.840(a). Any such application shall state that it is made on either or both of the following bases:
a. That imposition of the full relocation obligations would eliminate substantially all reasonable use or
economic value of the property. Such basis may only be established if it is demonstrated that the
imposition of such obligations would eliminate the reasonable,use or economic.value of the property for
alternate uses, and that continued use of the property as a mobile home park would eliminate
substantially all reasonable use or economic value of the property.A statement of facts supporting the
applicant's claim shall be submitted at the time the application for exemption is submitted.
12
•
b. That a court of competent jurisdiction has determined in connection with a proceeding in bankruptcy
that the closure or cessation of use of the affected park as a mobile home park is necessary, and that
such court has taken further action which would prohibit or preclude payment of relocation assistance
benefits, in whole or part.
(2) Any such application made pursuant to subsection (1)(a)of this section shall contain, at a minimum,
the following information:
a. Statements of profit and loss from the operations of the mobile home park for the most recent five-
year period of the date of the application or request, certified by a certified public accountant.
b. If the applicant contends that continued use of the property as a mobile home park necessitates
repairs or improvements or both, and that the cost thereof makes continuation of the park economically
unfeasible, a statement made under penalty of perjury by a general contractor licensed as such pursuant
to the laws of the State, certifying that such contractor has thoroughly inspected the entire mobile home
park; that such contractor has determined that certain repairs and improvements must be made to the par
k to maintain the park in a decent, safe and sanitary condition; the minimum period of time in which such
improvements or repairs must be made; an itemized statement of such improvements and repairs; and
the estimated cost thereof. The applicant shall also submit a statement verified by a certified public
accountant as to the necessary increase in rental rates of mobile home sites within the park within the
next five (5)years necessary to pay for such repairs or improvements. If the Community Services Prog
ram Manager requires an analysis of the information submitted by the general contractor, the Manager
may procure the services of another such licensed general contractor to provide such written analysis,
and the cost thereof shall be borne by the applicant.
c. Such other information which the applicant believes to be pertinent or which may be required by the
Town.
(3) Any such application filed pursuant to subsection (1)(b)of this section shall be accompanied by
adequate documentation as to the title, case number, and court in which the bankruptcy proceeding was
held, and copies of all pertinent judgments, orders, and decrees of such court.
(Ord. No. 1316, §4.38.100, 6-7-76; Ord. No. 1758, § IV, 8-1-88)
Sec. 29.20.855. Payment of relocation assistance benefits prerequisite to issuance of building permit to
redevelop park.
No building permit shall be issued for the development of any real property that has been or is being
converted from a mobile home park pursuant to this division unless and until the applicant or the owner of
13
the property, as the case may be, who is responsible for payment of any required monetary relocation
assistance, shall have filed with the Community Services Program Manager a verified statement made
under penalty of perjury that relocation assistance payments required pursuant to this division have be en
paid. Such statement shall specify in itemized form each payee, the amount paid, the date of payment,
and the type of relocation or other assistance for which each such payment was made.
(Ord. No. 1316, §4.38.110, 6-7-76; Ord. No. 1758, § IV, 8-1-88)
Secs. 29.20.860--29.20.925. Reserved.
I
+I
14
City of Mountain View, California
ARTICLE X. MOBILE HOME PARK CONVERSION OR CESSATION OF USE.
SEC. 28.98. Repealed by Ord. No. 18.89, 10/10/89.
SEC. 28.100. Findings and policy.
a. The City Council of Mountain View hereby finds and determines that mobile home parks provide an
important independent living situation in Mountain View, particularly for senior citizens.
b. Mobile home parks are an essential component of ownership-housing stock in Mountain View, where
the cost of most housing exceeds the financial reach of low-and moderate-income persons.
c. Chapter 3(Policy F)of the General Plan calls for increasing the supply of housing for low-and
moderate-income families, seniors, and the disabled.
d.The City of Mountain View is committed to preserving and increasing the supply of housing for low-and
moderate-income citizens, especially families, senior citizens, and disabled persons, and that mobile
home parks constitute a valuable housing resource to meet this need.
e. Mountain View has a variety of mobile home parks with wide diversity in economic values of the land,
the mobile home units, the amenities, the zoning, the location, and the acreage and number of units,
among other factors, which warrant careful consideration and analysis of the distinct impact involved in
the possible conversion of the different parks and appropriate mitigation of those diverse impacts.
f.Available comparable relocation sites for mobile homes within a twenty(20) mile radius of the City of
Mountain View are very limited, and the cost of relocation of mobile home units is substantial in proportion
to the value of the individual unit itself.
g. Adequate replacement housing for displaced mobile home residents at a comparable cost is not readily
available within the community or the County. (Ord. No. 18.89, 10/10/89.)
SEC. 28.101. Conversion impact report; notice to residents; hearing; bankruptcy exception;fees.
a. Prior to the conversion of any mobile home park to another use, as shown on Map 1 on file in the
planning department, except pursuant to the Subdivision Map Act(Division 2, commencing with Section
66410 of Title 7 of the California Government Code)(see Section 28.103)or prior to closure of a mobile
home park or cessation of the use of the land as a mobile home park, a conversion impact report shall be
independently prepared by a consultant, pursuant to a contract with the City, but paid for by the applicant.
1
This conversion impact report shall analyze the impact of the conversion, closure, or cessation of use
upon the displaced persons of the mobile home park to be converted or closed. In determining impact of
the conversion, closure or cessation of use on displaced mobile home park residents, the report shall
address the availability of adequate replacement housing in mobile home parks and relocation costs.
b. The person proposing the change in use shall provide a copy of the conversion impact report and
written notification of the hearing date to the residents and to the registered owner of each mobile home
in the mobile home park at least thirty(30)days prior to the hearing on the conversion impact report by
the City Council, or its delegated advisory agency.
c.The person or entity filing the report, or park residents, may request, and shall have a right to, a
hearing before the City Council, or its delegated advisory agency, on the sufficiency of the report.
d. The City Council, or its delegated advisory agency, shall review the report prior to any change, and
shall 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 mobile home park
residents to find or afford adequate replacement housing. The City Council may consider in requiring
mitigation of adverse impacts of a mobile home park conversion, but shall not be limited thereto, such
steps as the reasonable costs of relocation or, if a suitable relocation site is not available, the purchase of
the mobile home at the in-space fair market value of the mobile home.
e.At the same time as the notice of the change is provided to the residents (six months prior to
termination of tenancy pursuant to Paragraph (2) of Subdivision (f) of Section 798.56 of the Civil Code),
the person or entity proposing the change shall ensure that a copy of the report has been provided to a
resident and to the registered owner of each mobile home in the mobile home park.
f. If the closure or cessation of use of a mobile home park results from the adjudication of bankruptcy, the
provisions of this Section shall not be applicable.
g. The City Council may establish reasonable fees by resolution pursuant to Chapter 13, commencing
with Section 54990 of Part I of Division 2 of Title 5 of the California Government Code to cover any costs
incurred by the City in implementing this Section.Those fees shall be paid by the person or entity
proposing the change in use. (Ord. No. 18.89, 10/10/89.)
SEC. 28.102. Notice to residents and owners of mobile homes.
Upon receipt of an application for the conversion of a mobile home park to another use, the City shall, at
least forty-five(45)days prior to a hearing or any other action on the application, inform the applicant in
writing of the provisions of Section 798.56 of the Civil Code and all applicable City requirements which
2
impose upon the applicant a duty to notify residents and mobile home owners of the mobile home park of
the proposed change in use, and shall specify therein the manner in which the applicant shall verify that
residents and mobile home owners of the mobile home park have been notified of the proposed change
in use. Neither a hearing on the application, nor any other action thereon, shall be taken by the City
Council before the applicant has satisfactorily verified that the residents and mobile home owners have
been so notified, in the manner prescribed by law or ordinance. (Ord. No. 18.89, 10/10/89.)
3
City of San Jose, California
Chapter 20.180 MOBILEHOME PARK CONVERSIONS TO RESIDENT OWNERSHIP OR TO ANY
OTHER USE
20.180.010 Purpose of chapter.
A. This chapter is enacted to establish requirements and procedures for the control and approval of the
conversion of mobilehome parks to community mobilehome park, mobilehome park condominium, and
non-mobilehome park uses. By their nature, mobilehome park conversion projects differ specifically from
other types of projects. The unique status of such projects tends to magnify the effects associated with
higher urban densities to the point where they may lead to conditions of mismanagement, neglect, and
blight that impact upon the public health, safety, welfare, and economic prosperity of the city of San Jose.
Such projects may conflict with the policies of the city of San Jose to provide a variety of individual
choices of tenure, type, price, and location of housing and to maintain the supply of mobilehome housing
for low and moderate income persons and families. To ensure that such problems are avoided in both
short-and long-term, it is the express intent of the council of the city of San Jose to treat mobilehome
park conversion projects differently from other projects, and to establish rules and standards regulating
such projects in the city of San Jose.
B. This chapter is enacted to ensure that approval of proposed conversions is consistent with policies
and objectives of the city of San Jose, particularly the following:
1. To make adequate provision for the housing needs of all economic segments of the community;
2. To facilitate resident ownership of mobilehome parks,while recognizing the need for maintaining
an adequate inventory of rental space within mobilehome parks;
3. To provide a reasonable balance between mobilehomes and other types of housing;
4. To inform prospective conversion purchasers regarding the physical conditions of the structures
and land offered for purchase;
5. To reduce and avoid the displacement of long-term residents, particularly senior citizens, the
handicapped, those who are of low income, and families with school-age children,who may be required
to move from the community due to a shortage of replacement mobilehome housing.
(Ord. 26248.)
1
20.180.020 Definitions.
For the purpose of this chapter, certain words and phrases are defined in this part and shall be
construed as herein set forth unless it shall be apparent from their context that a different meaning is
intended.
(Ord. 26248.)
20.180.030 Association.
"Association" means the organization of persons who own a condominium space or have right of
exclusive occupancy in a mobilehome park condominium or community mobilehome park.
(Ord. 26248.)
20.180.040 Common area.
"Common area" means the entire area within a condominium mobilehome park or community
mobilehome park, except the separate interests therein.
(Ord. 26248.)
20.180.050 Common interest development.
"Common interest development" means a real property development as defined in Civil Code Section
1351(c).
(Ord. 26248.)
20.180.060 Community mobilehome park.
"Community mobilehome park" means a common interest development in which an undivided interest
in the mobilehome park is coupled with the right of exclusive occupancy of any mobilehome lot located
therein.
(Ord. 26248.)
20.180.070 Condominium.
"Condominium" means an estate in real property as defined in Civil Code Section 1351(f).
2
(Ord. 26248.)
20.180.080 Condominium mobilehome park.
"Condominium mobilehome park" means a mobilehome park common interest development consisting
of condominiums.
(Ord. 26248.)
20.180.090 Conversion project.
"Conversion project" means the term used to include mobilehome park conversion to ownership and
mobilehome park conversion of use, as defined in this part.
(Ord. 26248.)
20.180.100 Developer.
"Developer" means the owner or subdivider with a controlling proprietary interest in the proposed
mobilehome park conversion project.
(Ord. 26248.)
20.180.110 Designated resident organization.
"Designated resident organization" means any association of mobilehome owners and/or mobilehome
tenants within a mobilehome park which has, not later than fifteen days after issuance of a notice of intent
to convert under Section 20.180.340, provided the owner or manager of the mobilehome park written
notice of the following:
1.The name and address of the organization.
2.The name and address of the representative of the organization to whom all notices under this chapter
shall be given.
3.A statement that the organization is interested in purchasing the mobilehome park.
(Ord. 26248.)
20.180.120 Handicapped mobilehome owner.
3
"Handicapped mobilehome owner" means a mobilehome owner who is the primary wage earner of a
household, or a single person, with any medically determinable physical or mental impairment limiting his
or her mobility, substantially affecting his or her ability to obtain employment, or requiring special care
facilities in the mobilehome. "Physical or mental impairment' is an impairment that results from
anatomical, physiological or psychological abnormalities which are demonstrable by medically acceptable
clinical or laboratory diagnostic techniques.
(Ord. 26248.)
20.180.130 Low income.
"Low income" means eighty per cent or less of the current median income as established annually by
the U.S. Department of Housing and Urban Development(HUD)for the San Jose Standard Metropolitan
Statistical Area (SMSA)as adjusted for household size.
(Ord. 26248.)
20.180.140 Mobilehome.
"Mobilehome" means a structure transportable in one or more sections, designed and equipped to
contain not more than one dwelling unit, to be used with or without a foundation system.
(Ord. 26248.)
20.180.150 Mobilehome lot.
"Mobilehome lot" means a portion of a mobilehome park designated or used for the occupancy of one
mobilehome.
(Ord. 26248.)
20.180.160 Mobilehome owner.
"Mobilehome owner"means a person who has the right to the use of a mobilehome lot within a
mobilehome park on which to locate, maintain, and occupy a mobilehome, lot improvements and
accessory structures for human habitation, including the use of the services and facilities of the park.
(Ord. 26248.)
20.180.170 Mobilehome park.
4
"Mobilehome park" means an area of land where two or more mobilehome lots are rented or leased, or
held out for rent or lease, to accommodate mobilehomes used for human habitation.
(Ord. 26248.)
20.180.180 Mobilehome park conversion to ownership.
"Mobilehome park conversion to ownership" means the conversion of an existing mobilehome park
containing four or more mobilehome lots to a condominium mobilehome park or to a community
mobilehome park.
(Ord. 26248.)
20.180.19.0 Mobilehome park conversion of use.
"Mobilehome park conversion of use" means the conversion of an existing mobilehome park
containing four or more mobilehome lots to any other use, excluding mobilehome park conversion to
ownership. The elimination of individual mobilehome leasehold or rental agreement interests in a
mobilehome park shall not constitute conversion.
(Ord. 26248.)
20.180.200 Mobilehome resident.
"Mobilehome resident" means a person, including a mobilehome owner or mobilehome tenant, who
occupies a mobilehome.
(Ord. 26248.)
20.180.210 Mobilehome tenant.
"Mobilehome tenant" means a person who rents or leases a mobilehome from a mobilehome owner.
(Ord. 26248.)
20.180.220 Organizational documents.
"Organizational documents" include the declaration of covenants, conditions and restrictions, articles
of incorporation, bylaws, and any contracts for the maintenance, management or operation of all or any
part of a mobilehome park conversion to ownership project.
5
(Ord. 26248.)
20.180.230 Recreational open space.
"Recreational open space" means open space(exclusive of the required front setback area)which
shall be used exclusively for leisure and.recreational purposes,for the use and enjoyment of occupants
(and their guests)within the condominium mobilehome park or community mobilehome park, and to
which such occupants (and their guests)shall have the right of use and enjoyment. Accessory structures
such as swimming pools, recreational building, and landscaped areas may be included as open space.
(Ord. 26248.)
20.180.240 Right of first refusal.
'Right of first refusal' means an irrevocable, nontransferable, and preemptive right to purchase an
interest in a common interest development at a price no greater then the price offered to the general
public for such interest.
(Ord. 26248.)
20.180.250 Unjust eviction.
"Unjust eviction" means the termination of tenancy by a mobilehome park landlord for reasons other
than those stated in California Civil Code Section 798.56, or its successor.
(Ord. 26248.)
Part 2
GENERAL REQUIREMENTS
Sections:
20.180.300 Applicability of chapter.
20.180.310 Permit required.
20.180.320 Special exemption for certain ownership conversions.
20.180.330 Special noticing and report requirements.
6
20.180.340 Notice of intention to convert.
20.180.350 Notice of public report.
20.180.360 Rights of mobilehome owners and tenants.
20.180.370 Rights of mobilehome residents.
20.180.380 Right of negotiated purchase.
20.180.390 Negotiation for purchase.
20.180.300 Applicability of chapter.
To achieve the purpose of this chapter, all conversion projects shall conform to the requirements of
this chapter and all other parts of this title applicable thereto provided that, if there is any conflict between
the provisions of this chapter and such other parts of this title, the provisions of this chapter shall control.
(Ord. 26248.)
20.180.310 Permit required.
Conversion projects shall not be permitted in any district under this title unless the use is permitted in
such district, and then only with a conditional use
permit or planned development permit pursuant to this title.
(Ord. 26248.)
20.180.320 Special exemption for certain ownership conversions.
Notwithstanding the provisions of Section 20.180.310,.no conditional use permit shall be required for a
conversion to ownership if an exemption from the permit requirement has been approved by the director
pursuant to the provisions of Sections 20.180.520 and 20.180.530.
(Ord. 26248.)
20.180.330 Special noticing and report requirements.
A. In addition to the requirements of Section 20.100.190, notice of time, place, and purpose of any
public hearing on an application for a conditional use permit or planned development permit for a
7
conversion project shall be given to each mobilehome owner and mobilehome tenant of the proposed
project hereinafter identified pursuant to the provisions of this part. In addition, a notice shall be posted at
all entrances of the proposed project. Each such notice shall be printed in English and Spanish.
B. Notwithstanding the provisions of Section 20.100.190, the director shall mail, with postage prepaid,
a copy of the staff report on an application for a conditional use permit or planned development permit for
a conversion project to each mobilehome owner and mobilehome tenant at least fifteen (15)days before
the date set for hearing thereon.
C. Notwithstanding the preceding provisions of this section, the failure of the director or city clerk to
mail any notice or report, or the failure of any resident to receive the same, shall not affect in any way
whatsoever the validity of any proceedings taken under this chapter, nor of any such proceedings, nor
prevent the director, planning commission or city council from proceeding with any hearing at the time
and place set therefor.
(Ord. 26248.)
20.180.340 Notice of intention to convert.
A. At least sixty(60)days prior to the date of filing an application for a conditional use permit or
planned development permit for a conversion project, the developer shall notify, in writing, each
mobilehome owner, mobilehome tenant and designated resident organization of the proposed project of
his intention to convert, and thereafter, the developer shall notify each person applying for rental of a
mobilehome lot in the proposed project, prior to payment of any rent or deposit, of his intention to convert.
B. Said notice of intention to convert shall contain a statement that the developer proposes a
conversion project, and for that purpose that(1)the developer shall file an application for a conditional
use permit or planned development permit with the city of San Jose, and, if applicable, that(2)the
developer shall file an application for a final public report with the California Department of Real Estate.
Said notice shall also contain a statement of the rights of mobilehome owners, mobilehome tenants and
residents set forth in Sections 20.180.370 and 20.180.380, and the rights of designated resident
organizations set forth in Section 20180.390.
Ord. 26248.
20.180.350 Notice of public report.
Within five (5)days of receipt of the final public report on the proposed project from the California
Department of Real Estate(hereinafter"final public report"), if applicable, the developer shall notify each
8
of the mobilehome owners and tenants in the proposed conversion project of the issuance of said report.
The notice shall indicate that copies of said report are available on request.
(Ord. 26248.)
20.180.360 Rights of mobilehome owners and tenants.
Each mobilehome owner and mobilehome tenant of a proposed conversion project shall have the
following rights from the date of issuance of a notice of intention to convert, pursuant to Section
20.180.340, until the date indicated, if applicable, with respect to his or her tenancy:
1.The right to terminate a lease or rental agreement, without penalty, upon sixty days notice to the
landlord.
2.Notwithstanding the provisions of Chapter 17.22 of Title 17 of this Code, no increase in rent until
termination of a lease or rental agreement pursuant to Subsection A of this section or until twelve months
after the date of issuance of the final public report, if applicable, or expiration of
the mobilehome owner's or mobilehome tenant's lease or rental agreement, whichever is longer.
3.No unjust eviction during tenancy.
4.No coercion or retaliatory action against any such mobilehome owner or mobilehome tenant, including
pressure to support, or refrain from opposing, a conversion project.
(Ord. 26248.)
20.180.370 Rights of mobilehome residents.
In the case of a mobilehome park conversion to ownership, a mobilehome resident shall have a right
of first refusal to purchase a condominium interest or an undivided interest in a community mobilehome
park, whichever is applicable.The purchase price shall be no greater than the price offered to the general
public for such interest.
(Ord. 26248.)
20.180.380 Right of negotiated purchase.
9
A designated resident organization shall have the right to negotiate for purchase of a mobilehome park
for which,a conversion project is proposed, if written notice of the exercise of this right is provided to the
developer within sixty days of the date of issuance of the notice of intention to convert.
(Ord. 26248.)
20.180.390 Negotiation for purchase.
If a written notice has been provided to the developer pursuant to Section 20.180.380 and within the
time limit specified therein, the following procedure shall be followed:
1.Action on any conditional use permit or planned development permit for the conversion project shall be
suspended for one hundred eighty days in order that good faith negotiations can be encouraged and such
steps may be taken as are reasonably likely to result in preservation of the mobilehome park and the
housing opportunities therein.
2.Within fifteen days of receipt of notice, the developer shall meet with each designated resident
organization which has provided such notice in order to explore the possibility of acquisition'of the park by
such organization.
3.Upon the request to the director by either the developer or the designated resident organization, a
mediation session shall be conducted by a mediator assigned by the city. The mediation shall be
conducted within fifteen days of such request.
(Ord. 26248.)
Part 3
MOBILEHOME PARK CONVERSIONS TO OWNERSHIP
Sections:
20.180.400 Supplemental applications.
20.180.410 Supplemental findings for conditional use permit.
20.180.420 Supplemental findings for planned development permit.
20.180.430 Relocation and purchase assistance.
10
20.180.440 Development standards.
20.180.450 Findings for noncompliance with development standards.-
20.180.460 Code compliance.
20.180.470 Code compliance bond.
20.180.480 Effectiveness of permit.
20.180.490 Recreational open space.
20.180.500 Documents furnished to prospective purchasers.
20.18.0.510 Capital contributions and warranties.
20.180.520 Exemption from permit requirement- Petition.
20.180.530 Exemption from permit requirement-.Approval.
20.180.400 Supplemental applications.
A. In addition to submittal requirements specified in this title for conditional use permit application and
planned development permit applications, a supplemental application must be submitted for every
mobilehome park conversion to ownership and shall include the following:
1. Satisfactory evidence that, at least sixty days prior to the date of filing such application, each of
the mobilehome owners and mobilehome tenants within the proposed project received, pursuant'to
Section 20.180.340 of this chapter, written notice of intention to convert; and that thereafter, each person
applying for rental of a mobilehome in the proposed project, prior to payment of any rent or deposit,
received notice of intention to convert. In addition, satisfactory evidence of the posting of said notice at all
entrances of the mobilehome park shall be submitted.
2. A declaration that, after the date of filing such application, each person applying for rental of a
mobilehome or mobilehome lot in the proposed project prior to payment of any rent or deposit, shall
receive, pursuant to Section 20.180.340 of this chapter, written notification of intention to convert.
3. A boundary map.showing the location of all existing easements, structures, mature and/or scenic
trees, and other improvements upon the property.
11
4. The proposed organizational documents and true copies of any and all documents submitted to
the California Department of Real Estate for the proposed conversion project.
5. The material indicated in Subsection 4 shall be submitted subject to the following provisions:
a. The developer shall file with the director a true copy of any amended, revised or additional
documents submitted to the department of real estate prior to the public hearing before the planning
commission or city council on a conditional use permit or planned development permit for a conversion
project.
b. The developer shall file with the city a true copy of the final public report within ten days of
issuance by the department of real estate.
6. A property report describing the condition and estimating the remaining useful life of each of the
following elements of each applicable structure and system situate within the project proposed for
conversion, excluding mobilehomes: roofs,foundations, exterior paint, paved surfaces, mechanical
systems, electrical systems, plumbing systems, sewage systems, swimming pools, sprinkler systems for
landscaping, utility delivery systems, central or community heating and air conditioning systems, fire
protection systems including any automatic sprinkler systems, alarm systems or standpipe systems, and
structural elements. For any element whose useful life is less than five years, a replacement cost
estimate shall be provided. Such report shall be prepared by an appropriately licensed contractor or
registered civil or structural engineer.
7. A statement detailing the current ownership of all improvements and underlying land; the name
and address of each present mobilehome park resident within the project and identification of all residents
under sixteen years, all residents sixty-two years and over, all residents with minor children, and all
handicapped residents; square footage of each mobilehome lot; the current or last rental rate for each
mobilehome lot or rented mobilehome and the monthly rental rate for the preceding two years; and the
monthly space vacancy over the preceding two years of each mobilehome lot proposed to be converted.
8. A timetable for conversion to a condominium mobilehome park or community mobilehome park.
9. Such other documents or information as the director may require to further the purposes of this
chapter.
10. A description of how the financial aspects of transfers of mobilehomes and mobilehome lots
have been handled for the preceding two years.
12
B. Copies of the supplemental application shall be made available upon demand at the on-site office in
the proposed project, during regular business hours, to mobilehome owners and mobilehome tenants.
(Ord. 26248.)
20.180.410 Supplemental findings for conditional use permit.
In addition to the findings required pursuant to Section 20.100.720, a conditional use permit may be
issued for a mobilehome park conversion to ownership only if the planning commission or city council
finds that the applicant has provided a program of relocation, rental assistance, purchase assistance or
other assistance pursuant to Section 20.180.430 of this chapter to mitigate the impact of the conversion
on displaced mobilehome owners and mobilehome tenants, and that mobilehome residents shall have the
right of first refusal specified in Section 20.180.370.
(Ord. 26248.)
20.180.420 Supplemental findings for planned development permit.
In addition to the findings required pursuant to Section 20.100.940, a planned development permit
may be issued for a mobilehome park conversion to ownership only if the director or planning commission
finds that the applicant has provided a program of relocation, rental assistance, purchase assistance or
other assistance pursuant to Section 20.180.430 of this chapter to mitigate the impact of the conversion
on displaced mobilehome owners and mobilehome tenants, and that mobilehome residents shall have the
right of first refusal specified in Section 20.180.370.
(Ord. 26248.)
20.180.430 Relocation and purchase assistance.
Without limiting the generality of the provisions relating to conditions which may be imposed upon a
development permit under Chapter 20.100 of this Title, the director, planning commission or city council
shall make any conditional use permit or planned development permit which may be granted under
Chapter 20.100 for a mobilehome park conversion to ownership subject to a condition requiring a plan of
relocation and purchase assistance for displaced mobilehome owners and mobilehome tenants within the
proposed project. Such a plan may include the following:
1.Information to be provided to each mobilehome owner within the proposed project:
13
a.A list of known available mobilehome lots in Santa Clara, Alameda, Santa Cruz and San Mateo
counties, including any written commitments from mobilehome park owners willing to accept displaced
mobilehome owners.
b.Estimates from two moving companies as to the per mile costs of moving mobilehomes of various
sizes including, but not limited to, tear down and set up of coaches.
2.Measures to mitigate the adverse impacts of conversion upon mobilehome owners and mobilehome
tenants. Such mitigation measures shall benefit mobilehome owners and mobilehome tenants of the
mobilehome park from the date the application for the conditional use permit or planned development
permit for the proposed conversion project is filed with the city, or from the date on which notices to
vacate are mailed to mobilehome owners and tenants, whichever is earlier. Mitigation measures may
include but are not limited to:
a.Moving expenses for furniture and personal belongings to a new residence in Santa Clara, Alameda,
Santa Cruz or San Mateo County.
b.Provision for payment of any or all portions of the cost of physically moving a mobilehome to a new
site in Santa Clara, Alameda, Santa Cruz or San Mateo county, including, but not limited to, tear down
and set up.
c.For those who move to a multiple or two-family dwelling, provision of a rent subsidy for up to twenty-
four months. Rent shall not exceed the fair market rent for new construction and substantial rehabilitation
for the Santa Clara County area as established by.the U. S. Department of Housing and Urban
Development. 'Rent subsidy" is the difference between the rent of the multiple or two-family dwelling and
the rent of the mobilehome space or mobilehome on the date of the notice of intention to convert.
d.Payment of the difference of rent between the old and new mobilehome park spaces for up to
twenty-four months.
e.Purchase of the mobilehome at its in-place value, as determined by a tested, certified, and
designated member of a nationally recognized appraisal association. "In-place value" includes the value
of any accessory structures whose installation has been approved by mobilehome park management,
such as a porch or a carport. The appraisal is to be made no more than sixty days prior to its submittal.
f.Extended leases and rental agreements (commencing at the conclusion of the right of continued
tenancy period under Section 20.180.360)for mobilehome owners and mobilehome tenants who are
handicapped, or aged sixty-two or over, and/or of low income, and/or for mobilehome owners and
mobilehome tenants with minor children. No mobilehome owner or mobilehome tenant covered by any
14
i s
such extended lease or rental agreement shall be unjustly evicted. "Extended lease or rental agreement"
is a lease or rental agreement whose expiration date is extended at least ninety days.
g.A provision for setting aside a certain number of rental spaces for mobilehome owners and
mobilehome tenants who are handicapped, and/or aged sixty-two or over, and/or low income, and/or for
mobilehome owners and mobilehome tenants with minor children.
(Ord. 26248.)
20.180.440 Development standards.
To achieve the purposes of this chapter, mobilehome park conversion to ownership projects shall
conform to the following development standards:
1.The off-street parking requirements shall be one and one-half parking spaces for each mobilehome lot.
One such space per mobilehome lot shall be assigned.
2.The consumption of gas and electricity within each mobilehome lot shall be separately metered so that
the owner can be billed separately for each utility. A water shut-off valve shall be provided for each
mobilehome lot or for each plumbing fixture.
3.Each mobilehome lot shall have its own panel board for all electrical circuits which serve the
mobilehome.
(Ord. 26248.)
20.180.450 Findings for noncompliance with development standards.
An application for a conditional use permit or planned development permit for a mobilehome
conversion project under this part which does not comply with all of the applicable development standards
stated in Section 20.180.440 may, but shall not under any circumstances be required to be approved, and
a conditional use permit may be issued therefor if the director, planning commission or city council finds
that:
1.Strict application of the development standards set forth in said Section 20.180.440 would create an
unreasonable economic hardship due to (but not limited to)the size, shape, location or surroundings of
the subject property or the buildings situated thereon, but expressly excluding consideration of personal
circumstances of the developer; and
15
2.A conditional use permit or planned development permit for the conversion project which is.not in
conformance with such development standards, subject to such permit conditions as may be imposed
thereon:
a.Will provide for substantial compliance with such development standards; and
b.Will incorporate mitigating features which tend to further the purposes of this chapter.
(Ord. 26248.)
20.180.460 Code compliance.
The proposed conversion project shall comply with all applicable city, county, and state codes and
regulations regarding health and safety. If said project does not comply with said codes and said
regulations at the time of approval of a conditional use permit or planned development permit for the
project, a code compliance bond shall be submitted as required in Section 20.180.470.
(Ord. 26248.)
20.180.470 Code compliance bond.
If a proposed mobilehome conversion project does not comply with provisions of Section 20.180.460
and/or the building official identifies items to be corrected pursuant to said section, any conditional use
permit or planned development permit issued pursuant to this chapter shall require the developer to
furnish a bond in an amount equal to the reasonable estimated cost of code compliance. Said bond shall
run in favor of individual purchasers and the association. Said bond shall provide for reasonable
attorney's fees in the event of default by the principal.
(Ord. 26248.)
20.180.480 Effectiveness of permit.
A conditional use permit or planned development permit issued under this chapter for a mobilehome
conversion project may be issued prior to the time compliance has been made with the said codes and
said regulations as hereinabove provided in Section 20.180.460, but such permit shall not become
effective unless and until compliance has been made as provided in each permit.
(Ord. 26248.)
20.180.490 Recreational open space.
16
Without limiting the generality of the provisions relating to conditions which may be imposed upon a
development permit issued under Chapter 20.100 of this title, the director, planning commission or city
council may make any conditional use permit or
planned development permit for conversion to a mobilehome conversion project subject to a condition
requiring recreational open space in a manner and to the extent it deems reasonably necessary to
achieve the purposes of this title.
(Ord. 26248.)
20.180.500 Documents furnished to prospective purchasers.
The developer shall furnish each prospective purchaser of an interest in a condominium mobilehome
park or community mobilehome park pursuant to a conversion project a true copy of the conditional use
permit or planned development permit issued under this chapter and of each document required, by state
law and the regulations of the California Department of Real Estate, to be provided to such prospective
purchaser.
(Ord. 26248.)
20.180.510 Capital contributions and warranties.
Without limiting the generality of the provisions relating to conditions which may be imposed upon a
conditional use permit or planned development permit under Chapter 20.100 of this title, the director,
planning commission or city council may make any conditional use permit or planned development permit
which may be granted under this part subject to conditions requiring the following:
1.A capital contribution provided by the developer to the association for the deferred maintenance of the
common area, and the deferred maintenance or replacement of any of the elements described in the
property report which are owned or maintained by the association, pursuant to Subsection A.6 of Section
20.180.400. Information available pursuant to Subsection A.6 of said section regarding the estimated
replacement cost of those elements whose useful life is less than five (5) years may be used in
determining the amount of such contribution.
2.A one-year warranty provided free of charge by the developer to the association for those systems
described in the property report, as hereinabove specified, which are owned or maintained by the
association. Such warranty need not cover those systems which may be covered by a substantial capital
contribution by the developer for deferred maintenance.
17
(Ord. 26248.)
20.180.520 Exemption from permit requirement- Petition.
A developer or designated resident organization may petition the director for exemption from the
requirement for a conditional use permit under Section 20.180.300 if a proposed mobilehome park
conversion to ownership would result in at least sixty-seven percent(67%)of the mobilehome lots being
acquired by residents of the park. Such a petition shall be filed on a form prescribed by the director, shall
be accompanied by the fee established by council resolution, and shall include the following:
1.Evidence satisfactory to the director that:
a.At least sixty(60)days prior to the date of filing such application, each of the mobilehome owners
and mobilehome tenants within the proposed project received, pursuant to Section 20.180.340 of this
chapter, written notice of intention to convert.
b3hereafter, each person applying for rental of a mobilehome lot or mobilehome in the proposed
project, prior to payment of any rent or deposit, received notice of intention to convert.
c.Said notice was posted at all entrances of the mobilehome park as required under this chapter.
2.A declaration that, after the date of filing such application, each person applying for rental of a
mobilehome or mobilehome lot in the proposed project, prior to payment of any rent or deposit, shall
receive, pursuant to Section 20.180.340 of this chapter, written notice of intention to convert.
3.A statement detailing the current ownership of all improvements and underlying land; the name and
address of each present mobilehome park resident of the project, and identification of all residents sixty-
two years and over, all residents with minor children, and all handicapped residents; square footage of
each mobilehome lot; the current or last rental rate for each mobilehome lot or rented mobilehome and
the monthly rental rate for the preceding two years; and the monthly space vacancy over the preceding
two years of each mobilehome lot proposed to be converted.
4.A timetable for conversion to a condominium mobilehome park or community mobilehome park.
5.Evidence satisfactory to the director that the residents of at least sixty-seven percent(67%)of the
mobilehome lots in the park intend to purchase an ownership interest in the mobilehome park and have
waived any rights to relocation assistance which would otherwise exist under this chapter.
18
6.A plan of relocation and purchase assistance for displaced mobilehome owners and mobilehome
tenants within the park excluding those who have waived their rights to assistance under Subsection 5 of
this section.
7.Such other documents or information as the director may require to further the purposes of this chapter.
(Ord. 26248.)
20.180.530 Exemption from permit requirement-Approval.
A petition for exemption from the requirement to obtain a conditional use permit for a conversion to
ownership shall be approved by the director if all of the information required under Section 20.180.520
has been submitted and the director makes all of the following findings:
1.At least sixty-seven percent(67%)of the present mobilehome park residents have filed written notice of
intent to purchase an ownership interest in the mobilehome park when it is converted to a common
interest development; and
2.Each resident intending to purchase an ownership interest in the mobilehome park has waived any
rights to relocation and purchase assistance under this chapter; and
3.A satisfactory plan of relocation and purchase assistance has been developed for all residents
otherwise entitled to assistance under this chapter. A plan is satisfactory if:
a.All residents have consented to the plan in writing, or
b.Any resident being involuntarily displaced by the conversion to ownership and who has not
consented to the plan, will be provided, at a minimum, with:
i. Moving expenses for furniture and personal belongings to a new residence in Santa Clara,
Alameda, Santa Cruz or San Mateo County; and
ii. For those who will move their mobilehome to another location:
1.Payment of the cost of physically moving the mobilehome to a new site in Santa Clara,
Alameda, Santa Cruz or San Mateo County, including but not limited to tear down and set up; and
2.Payment of the difference of rent between the old and new mobilehome park spaces for
twenty-four(24) months; and
19
iii. For those who move to a multiple or two-family dwelling, provision of a rent subsidy for up to
twenty-four(24) months. Rent shall not exceed the fair market rent for new construction and substantial
rehabilitation for the Santa Clara County area as established by the U.S. Department of Housing and
Urban Development. 'Rent subsidy" is the difference between the rent of the multiple or two-family
dwelling and the rent of the mobilehome space or mobilehome on the date of the notice of intention to
convert; and
iv. For mobilehome owners and mobilehome tenants who are handicapped, aged 62 or over, or
of low income, and for mobilehome owners and mobilehome tenants with minor children, an offer of a
lease or rental agreement for their current mobilehome lot. Such offer for lease or rental shall be for a
period of at least one (1)year.
(Ord. 26248.)
Part 4
MOBILEHOME PARK CONVERSIONS OF USE
Sections:
20.180.600 Supplemental application.
20.180.610 Supplemental findings for conditional use permits.
20.180.620 Supplemental findings for planned development permit.
20.180.630 Relocation and purchase assistance.
20.180.600 Supplemental application.
A. In addition.to submittal requirements specified in Chapter 20.100 of this title for conditional use
permit and planned development permit applications, a supplemental application must be submitted for a
mobilehome park conversion of use, and shall include the following:
1. Satisfactory evidence that, at least sixty days prior to the date of filing such application, each
mobilehome owner and mobilehome tenant within the proposed project received, pursuant to Section
20.180.340 of this chapter, written notice of intention to convert; and that thereafter, each person applying
for rental of a mobilehome or mobilehome lot in the proposed project, prior to payment of any rent or
deposit, received notice of intention to convert. In addition, satisfactory evidence of the posting of said
notice at all entrances to the mobilehome park shall be submitted.
20
2. A declaration that, after the date of filing such application, each person applying for rental of a
mobilehome or mobilehome lot in the proposed project prior to payment of any rent or deposit, shall
receive, pursuant to Section 20.180.340 of this chapter,written notification of intention to convert.
3. A statement detailing the current ownership of all improvements and underlying land; the name
and address of each present mobilehome park resident within the project and identification of all residents
under sixteen years, all residents sixty-two years and over, all residents with minor children; and all
handicapped,residents; square footage of each mobilehome lot; the current or last rental rate for each
mobilehome lot and rental rate for the preceding two years; and the monthly space vacancy over the
preceding two years of each mobilehome lot proposed to be converted.
4. A timetable for conversion of the mobilehome park use.
5. The appraised market value of each mobilehome lot and the in-place value of each mobilehome
in the park. The appraisal is to be made no more than ninety days prior to submittal of the supplemental
application. The appraiser shall be a tested, certified, and designated member of a nationally recognized
appraisal association; shall be selected by the developer and/or association; and shall be paid by the
developer and/or association to make the appraisal.
6. A description of how the financial aspects of transfers of mobilehomes and mobilehome lots have
been handled for the preceding two years.
B. Copies of the supplemental application shall be made available upon demand at the on-site office in
the proposed project, during regular business hours, to mobilehome owners and mobilehome tenants.
(Ord. 26248.)
20.180.610 Supplemental findings for conditional use permits.
In addition to the findings required pursuant to Section 20.100.720, a conditional use permit may be
issued for a mobilehome park conversion of use only if the planning commission or city council finds that
the applicant has provided a satisfactory program of relocation, rental assistance, purchase assistance or
other assistance pursuant to Section 20.180.630 of this chapter to mitigate the conversion on displaced
mobilehome owners and mobilehome tenants.
(Ord. 26248.)
20.180.620 Supplemental findings for planned development permit.
21
In addition to the findings required pursuant to Section 20.100.940, a planned development permit
may be issued for a mobilehome park conversion of use only if the director or planning commission finds
that the applicant has provided a satisfactory program of relocation, rental assistance, purchase
assistance or other assistance pursuant to Section 20.180.630 of this chapter to mitigate the conversion
on displaced mobilehome owners and mobilehome tenants.
(Ord. 26248.)
20.180.630 Relocation and purchase assistance.
Without limiting the generality of the provisions relating to conditions which may be imposed upon a
development permit under Chapter 20.100 of this title, the director, planning commission or the city
council shall make any conditional use permit or planned development permit which may be granted
under this chapter for mobilehome park conversion of use subject to a condition requiring a plan of
relocation and purchase assistance for mobilehome owners and
mobilehome tenants within the proposed project. Such a plan may include the following:
1. Information to be provided to each mobilehome owner within the proposed project:
a. A list of known available mobilehome lots in Santa Clara, Alameda, Santa Cruz and San Mateo
counties, including any written commitments from mobilehome park owners willing to accept displaced
mobilehome owners.
b. Estimates from two moving companies as to the per mile costs of moving mobilehomes of various
sizes including, but not limited to, tear down and set up of coaches.
2. Measures to mitigate the adverse impacts of conversion upon mobilehome owners and mobilehome
tenants. Such mitigation measures shall benefit mobilehome owners and mobilehome tenants of the
mobilehome park from the date the application for the conditional use permit or planned development
permit for the proposed conversion project is filed with the city, or from the date on which notices to
vacate are mailed to mobilehome owners and mobilehome tenants, whichever is earlier. Mitigation
measures may include but are not limited to:
a. Moving expenses for furniture and personal belongings to a new residence in Santa Clara,
Alameda, Santa Cruz or San Mateo County.
22
b. Provision for payment of any or all portions of the cost of physically moving a mobilehome to a
new site in Santa Clara, Alameda, Santa Cruz or San Mateo County, including, but not limited to, tear
down and set up.
c. For those who move to a multiple or a two-family dwelling, provision of a rent subsidy for up to
twenty-four months. Rent shall not exceed the fair market rent for new construction and substantial
rehabilitation for the Santa Clara County area as established by the U. S. Department of Housing and'
Urban Development. 'Rent subsidy" is the difference between the rent of the multiple or two-family
dwelling and the rent of the mobilehome space or mobilehome on the date of the notice to convert.
d. Payment of the difference of rent between the old and new mobilehome park spaces for up to
twenty-four months.
e. Purchase of the mobilehome at its in-place value, as determined by a tested, certified, and
designated member of a nationally recognized appraisal association. In-place value includes the value of
any accessory structures whose installation has been approved by mobilehome park management, such
as a porch or a carport. The appraisal is to be made no more than sixty days prior to its submittal.
f. Extended leases or rental agreements (commencing at the conclusion of the right of continued
tenancy period under subsection 3. of Section 20.180.360)for mobilehome owners and mobilehome
tenants who are handicapped, and/or aged sixty-two or over, and/or of low income, and/or for
mobilehome owners and mobilehome tenants with minor children. No mobilehome owner or mobilehome
tenant covered by any such extended lease or rental agreement shall be unjustly evicted. "Extended
lease or rental agreement" is a lease or rental agreement whose expiration date is extended at least
ninety days.
(Ord. 26248.)
23
• •
City of San Juan Capistrano
TITLE 9. LAND USE, CHAPTER 2 ADMINISTRATION
Sec. 9-2.331. Mobilehome park conversions, closures, and cessation of use.
(a) Purpose and intent. The purpose and intent of this section is to require the person proposing to
convert an existing mobilehome park to another use, to close a mobilehome park, to cease using land as
a mobilehome park, or to file a subdivision map application connected with a conversion of use for a
mobilehome park to file and distribute a report on the impact of such change and to require measures to
be undertaken to mitigate the adverse effects of the change of use upon the residents of the mobilehome
park who would be displaced by such change.
(b) Review process. The Planning Director shall prescribe the type and form of information required and
shall ensure that it is of sufficient detail to allow adequate analysis of each proposal. Applications for the
proposed change of use, and/or closure of a mobilehome park shall be processed in accordance to the
procedure depicted in Figure 2-14. If the application is found to be incomplete, the Department of
Planning Services will notify the applicant in writing within thirty(30)days what additional information is
required, and the application will not be processed until that information is received by the Department of
Planning Services.
(c) Relocation impact report required/purpose.
(1)Any person who files an application with the City for a General Plan amendment or for a rezoning of
land type or density, or for approval of a tentative tract map, conditional use permit, or any other
application for the purpose of converting a mobilehome park to a condominium, stock cooperative, or any
other form of ownership wherein mobilehome spaces within the park are to be sold for residential use, or
to change to another use, close a mobilehome park, or cease to use land as a mobilehome park, shall
concurrently file with the City a mobilehome relocation impact report that complies with this section. The
purpose of the report is to address the impact of the conversion, closure, or cessation of use upon
displaced residents of the mobilehome park. No such application shall be considered or approved unless
and until such relocation impact report is filed and approved in accordance with this section.
1
I.A is p V3red and temm ha%e
tip nelifted to Sedim 9-2.331(rj
cs�t+�n ntttal . ,
}tt iCtt tts n r tra#icy M-minvid for iaAueet wbailtW
retauaed for txnil ct by:llep�mnenf of
infi3rr�til� 1Ttnninln�Serviices r���trenteKus t ;:
"9i4Ti t�FYE711tiflt�:
pKl C#f UOtt#inat# fppfi*ibn da mrsinod
tab
rettntxlfiuriiiJdiltlCak►tan�ltteo:(l .iv �s'.. u
irtfom t a l on ftr'� and
kkwi6es Vtrl 30 4s� its recdpt ore
wnt W tmd Re n
1"i>F #fin#;tt�F'9unn#itg to
�ttxiuG�a pub]iG lte�it�;.
cstyand Applicant b6iq Fete Erniraue»zn#al ticiiuini#tutor(E4;
ncO,flctkm;ic#inftarin ioiial for rcjir zd4=mb st`.
n>e ii gnat} am pursuant:. :'e'Yi�9i tti ital l es (Yie pi?ttpc pd ptvji t i1t
+�SMu',,n 9-2 331(d) be c irwlaed hx up u)a45-& mi&v peril-'.
ptiiv+taclod ti ixhtr:
1 oivari od i s P1 ititn ,
:. ��atyCkimrrc�fi
•4xrrrtt�tal i#n��vtsj txher
tc+v if ri Cly C.cet*ri1.tin6t ... . ,
:Ekhec(3tv
t;�mmis§Eon�re4ies
;ttte P piq Plamiing Cbnun ss3on mi dm the
rrojtxi ic�t f g►um&-a � ,App nt
rci�t»�fiiufin�p�aa�utt '��(ottitcx�ticip_ .
to S�efion 4 2,33t(e)to OtyCa ciL,
fntl ihro.in o�na!
Pubfic hmrpg is.rt�hd. !n zpf nactun rn tts
. .. ;purst>fmtao�riat�,:
f Sectt92331(d)
IF
Ciiy Ctiuncd t;�s ai�t: A�
Rt it fie ngrcxluin�d oauidt-iris U 'RONAL A}►ptie sta
` repraTaft yfsecom,
C,e,�odsiktrmtl�+tt{�irci+e 9-2e33i(gl'
Figure-2-14
Process for:AnDTOVa1 for:
Moblehom� Past Cbnversins
Closures,and Cessation off iii :
2
• •
(2)The City shall select a consultant to perform the relocation impact report within ninety(90)days of a
written request from the applicant.The applicant shall be noticed in writing of the estimated cost of the
relocation impact report and shall deposit that sum with the Planning Services Department prior to
commencement of any work on the relocation impact report.The City will then contract with a consultant
for the preparation of the relocation impact report. Once an application is filed, the residents of the
mobilehome park shall be notified by the City that an application has been filed and preparation of the
relocation impact report will begin. The relocation impact report shall contain, but need not be limited to,
the following information:
(A)A legal description of the property;
(B)A map and detailed description of the condition of the mobilehome park, including the nature and
location of structures, landscaping, easements, utilities and other onsite features and amenities;
(C)The names and addresses of all mobilehome owners within the park(including absentee mobilehome
owners), as shown on the rental agreement for the mobilehome park spaces, and the names and
addresses of all mobilehome tenants within the park as of the date of the application;
(D)The age, including date of manufacture, of each mobilehome within the park, including the type of
mobilehome, width, size, and number identifying the mobilehome space being occupied;
(E)The number of spaces within the park, length of occupancy by the current occupant of each space,
and the current lease rate for each space;
(F)The total number of mobilehome residents, broken down space by space, identifying owner or renter
occupancy, principal or second home occupancy, occupants under sixteen (16) years of age, occupants
sixty(60)years of age and over, and the number of residents who are physically disabled, including the
chronically ill;
(G)A description of the proposed new use and all discretionary approvals necessary therefore, if any;
(H)The proposed timetable for conversion, closure, or cessation of use of the land as a mobilehome park
and for obtaining other discretionary approvals for the proposed use, if any;
(1)The location of all comparable mobilehome parks within a fifty(50)mile radius from the city limits of the
City of San Juan Capistrano, including the park name, number of lots, number of vacancies, lease rates
and terms, policies, and restrictions on the type of mobilehomes and residents accepted, amenities
offered, and proximity to services (bus stops, grocery stores, hospitals, etc.);
3
(J)A determination based on the information provided in subsections (D), (E) and (1)above of the total
number of mobilehome units that are eligible to be relocated to a comparable mobilehome park;
(K)The estimated cost of relocating the mobilehomes identified in subsection (J) above to available lots in
mobilehome parks within the study area.The cost of relocating shall include the costs of physically
moving the mobilehome and movable improvements such as patios, carports and porches, to a new site
(i.e. dismantling, packing, moving, reassembling, rebuilding, including skirting and tie-downs, and
unpacking, as necessary; and packing, moving, and unpacking all personal property);
(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 of 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.
(M)The availability and cost of rental housing of comparable size and quality in the City of San Juan
Capistrano for each mobilehome park resident;
(N)A relocation plan which will include a timetable for physically relocating the mobilehomes, or payment
of relocation assistance
(0) Proposed measures to adequately mitigate the adverse impacts of the conversion upon each park
resident based on subsection (f)of this section;
(P)A list of persons, firms, and organizations with proven expertise in the fields of housing and relocation
of persons displaced from housing-This list shall include the names, addresses, telephone numbers, and
fee schedules of persons who are qualified as mobilehome movers and appraisers of mobilehomes.The
information shall include an explanation of the services which the housing specialists can provide; and
(Q)Any other information which the Planning Services Department determines is necessary to address
the specific issues raised by the application or the impact study and any other information that may be
necessary to implement provisions of this section.
(d) Notice, distribution, and informational meeting
(1)At least thirty(30)days prior to a hearing by the Planning Commission on the applications(s) pursuant
to subsection (b)of this section, the Planning Department shall inform the applicant in writing of the
4
provisions of Section 798.56 of the Civil Code and all applicable local requirements which impose upon
the applicant a duty to notify residents and mobilehome owners in the mobilehome park of the proposed
change in use.
(2) Not less than thirty(30) days prior to a scheduled hearing before the Planning Commission, the park
owner shall transmit to the owner or occupant of each mobilehome occupying a site within the
mobilehome park and to all of the persons described in subsection (c)(2)(C)of this section, a copy of the
relocation impact report, a copy of this Section, and notices of the dates, times, and places of the public
hearings and the informational meetings to be held pursuant to subsection (3) below.The copies provided
shall be free of charge. Proof of service by mail or personal service of distribution of the impact report to
each resident must be filed by the applicant with the Planning Director two (2)days prior to the hearing
and the proof of service shall be signed under penalty of perjury.
(3) Not later than fourteen (14)days prior to the scheduled public hearing before the Planning
Commission, the park owner shall conduct not less than one informational meeting for the residents of the
mobilehome park regarding the status of the application for change of use and/or closure, the timing of
the proposed relocation of residents, and the nature of the relocation benefits the park owner proposes to
make available to be considered by the Planning Commission and City Council as set forth in subsection
(f)of this section. The meeting shall be conducted on the premises.of the mobilehome park or other
suitable location as determined by the City. The housing specialist(s)designated in the relocation impact
report shall be present at such meeting. Not less than five (5)days prior to the scheduled public hearing
before the Planning Commission, the applicant shall file with the Planning Director a statement made
under penalty of perjury that the applicant has complied with the requirements of this subsection. Such
statement shall state the date, time, and place where such meeting or meetings were conducted.
(e) Findings.The Planning Commission and City Council, in considering whether to approve, conditionally
approve, or deny the application and report, shall adopt written findings as to whether the project
mitigation measures will adequately mitigate impacts on residents.The following factors shall be
considered in making the above-state findings:
(1)Whether there will exist, at the time of conversion, closure, or cessation of use, available mobilehome
lots within a fifty(50) mile radius from the City to accommodate the mobilehomes to be displaced;
(2)Whether the age, type, condition, and style of mobilehomes within the park proposed for conversion,
closure, or cessation of use are such that the mobilehomes are able to be moved and accepted into other
parks within a fifty(50) mile radius from the City;
(3)Whether.the resident cannot relocate to a comparable mobilehome park within a fifty(50) mile radius
from the City and justification for that conclusion;
5
(4)Whether there is evidence that the applicant or mobilehome park owner(s) have attempted to evict or
otherwise cause the removal of residents for the purpose of avoiding or reducing payment of relocation
assistance;
(5)Whether reports and notices required by law have been properly prepared and properly served;
(6) If the proposed conversion is to another residential use, whether the residents of the mobilehome park
will have an opportunity to purchase, if for sale, or rent the new units, and whether the construction
schedule will result in unreasonable long-term displacements;
(7)Whether the relocation assistance benefits to be provided adequately mitigate any adverse impacts to
the residents based on subsection (f)of this section;
(8) Based upon the mitigation measures imposed, if any, whether the proposed conversion is consistent
with the goals, policies, and objectives of the City's General Plan, any applicable Specific Plans, and/or
zoning ordinances; and
(9) Based upon the mitigation measures imposed, if any, whether the proposed conversion will be
detrimental to the public heath, safety, and general welfare.
(f) Relocation assistance. In approving a relocation impact report/application, the City may attach
reasonable conditions in order to adequately mitigate any adverse impacts associated with the
conversion, closure, or cessation of use. Conditions of approval may include, but are not limited to, the
following matters:
(1) Payment of relocation assistance to each resident who resided in the park at the time of, or
subsequent to, the filing of the relocation impact report and who was actually displaced as a result of an
approved relocation plan.
(2) Payment of the cost of relocating the mobile-homes identified in subsection (C)(2)(J)above to
available lots in mobilehome parks within the study area. The cost of relocating shall include the costs of
physically moving the mobilehome and movable improvements such as patios, carports, and porches, to
a new site(i.e. dismantling, packing, moving, reassembling, rebuilding, including skirting and tiedowns,
and unpacking, as necessary; and packing, moving, and unpacking all personal property).
(3) Payment of a lump sum to compensate for payment of the first and last month's rent and any security
deposit at the new mobilehome park.
6
(4) Payment of a lump sum to compensate for any differential between rental rates at the closing
mobilehome park and the new mobilehome park during the first year of the new tenancy.
(5) For residents, the costs may include all reasonable expenses incurred in moving to a new location of
their choice, up to a maximum distance of fifty(50) miles.
(6) For homeowners who are unable to reasonably relocate their mobilehome, payment of fair market
value for their mobilehome based on information contained in the approved relocation impact report.
(7) If the park is to be converted to another residential use, setting aside a certain number of affordable
units for the residents of the park, either on-site or off-site within the City limits, pursuant to the provisions
of Section 9-3.505 Affordable Housing Requirements; or providing payment of housing in-lieu fees
pursuant to the provisions of Section 9-5.103 Housing In-Lieu Fee.
(8) In order to facilitate a proposed conversion, closure, or cessation of use of a mobilehome park, the
residents and applicant may agree to mutually satisfactory conditions. Such an agreement shall be in
writing, shall include a provision stating that the resident is aware of the provisions of this section, shall
include a copy of this section as an attachment, shall include a provision in at least 12-point type which
clearly informs the resident of the right to seek advice of an attorney prior to signing the agreement with
regard to the resident's rights under such agreement, and shall be drafted in the form and content
otherwise required by applicable state law.
When processed in conjunction with a change of use, the applicant may be required to enter into an
agreement with the City to implement the terms of the approval of the closure plan.
(g)Obligation of applicant.
(1)After the date of approval of the relocation impact report, the applicant shall undertake, or be
responsible for performance, of the following obligations:
(A) Not later than thirty(30)days from such approval, the housing specialist(s)shall make personal
contact with each resident of the mobilehome park and commence consultations to determine the proper
relocation assistance to be provided.The housing specialist(s)shall give each resident eligible to receive
relocation assistance written notice of his or her relocation assistance.
(B) Not later than four(4) months from the date of such determination, residents who are entitled to make
selections between alternative benefits shall make such selection in writing. Such selection shall be
submitted to the applicant on a form provided by the housing specialist.
s
7
I
(C) Not less than thirty-five (35)days prior to the date any resident is required to vacate the mobilehome
park, any such cash or monetary relocation assistance shall be paid to such resident.
(D)The date upon which any resident of the mobilehome park is required to vacate such park, or upon
which the owner of any mobilehome is required to be removed from the mobilehome park shall be not
less than six (6) months from the date of notice of termination of tenancy and not less than thirty-five(35)
days from payment of any relocation benefits.
(E) If the applicant specifically requests that any of the time limitations required by this subsection be
modified, the City Council shall consider any such modification and evidence relating to the request at the
hearing on the relocation impact report. The City Council shall have the power to make such
modifications in such time limits.
(F)The relocation impact report shall expire one year from the date of its approval unless twenty-five(25)
percent or more of the homeowners or tenants receive relocation assistance in accordance with this
section, or the applicant requests an extension setting forth justification for not having proceeded within
the one-year period. No more than two(2)such extensions may be granted by the City Council. A request
for an extension must be filed no less than forty-five(45)days prior to the expiration of the relocation
impact report.A public hearing shall be held on request.
(2) If relocation assistance has not been provided to all eligible homeowners and tenants in accordance
with this section within three (3)years of the original date of approval, a new study shall be prepared in
accordance with this section.
(3) Each year on the anniversary date of the approval of the original relocation impact report, the
relocation provided for by the City Council shall be increased by an amount equivalent to the cost-of-living
index for the Los Angeles/Riverside/Orange County area published by the U.S. Department of Labor. The
increase shall be determined by taking the average CPI for the quarterly period closest to the anniversary
date of approval.
(4) No building permit shall be issued for development unless and until the applicant files a statement with
the Planning Director, made under the penalty of perjury, that relocation assistance payments pursuant to
this section have been paid.
(h) Notice to new residents.When an application for a change of use and/or closure of a mobilehome
park has been filed with the Planning Services Department, the park owner shall advise each prospective
new resident who proposes to occupy a mobilehome within such park after the filing of such application,
in writing, prior to the execution of a rental agreement or commencement of such occupancy, whichever
occurs first, that such application has been filed.
8
(i)Administration fee. The City Council may establish by resolution reasonable fees to cover any costs
incurred by the City in implementing this section. Such fees shall be paid by the park owner or applicant
subject to the provisions of this section, in accordance with the limitations of Section 65863.7(g)of the
Government Code.
Q) Bankruptcy exemption.The provisions of this section shall not apply if it is determined that the closure
of a mobilehome park or cessation of use of the land as a mobilehome park results from an adjudication
of bankruptcy. The applicant shall have the burden to produce substantial evidence that a court of
competent jurisdiction has determined in connection with a proceeding in bankruptcy that the closure or
cessation of use of the affected park as a mobilehome park is necessary.The documentation shall
include the title, case number, and court in which the bankruptcy proceedings were held, and certified
copies of all pertinent judgements, orders, and decrees of the court.
(k) Definitions. For the purpose of this section, unless otherwise apparent from the context, certain words
and phrases used in this section are defined as follows:
(1)Affordable unit.A"for sale" unit that is sold to and occupied by a low income household as determined
by HUD. Affordable unit shall also mean a rental unit for which the monthly payment does not exceed
thirty(30) percent of the household's gross income.
(2)Applicant. The person(s), firm(s), entity(ies), or corporation(s)applying for any application for the
purpose of converting, changing to another use, closing, or ceasing to use land as a mobilehome park. If
the owner of the controlling interest in a mobilehome park is not the applicant, then the applicant must
provide evidence of the controlling owner's consent to the filing of the application.
(3)Approving body.The Planning Commission's decision is advisory to the City Council whose decision
shall be final.
(4)Cessation of use of land as a mobilehome park. A decision by the owner(s)of a mobilehome park to
discontinue the use of property as a mobilehome park which is not an adjudication of bankruptcy.
(5)Closure of a mobilehome park.When less than seventy-five(75) percent of the total spaces in the
mobilehome park are leased by qualified homeowners (as defined in Civil Code Section 798 et seq.). In
the event that less than seventy-five(75) percent of the total spaces in the mobilehome park are leased
through no fault or action of the applicant and/or mobilehome park owner, at the request of the applicant
or mobilehome park owner and upon finding of good cause, the City Council may take a discretionary
action to determine that a park having less than seventy-five (75) percent of the total spaces leased does
not constitute a closure.
9
•
(6) Conversion of a mobilehome park. The term "change of use" is synonymous with "conversion"and is
defined as any change which results in elimination of any mobilehome lot, including, but not limited to, the
conversion of any long-term lots to short-term lots or the removal of a lot for lease to a resident. A long-
term lot is converted to a short-term lot if, subsequent to the adoption of this section, any habitable
structure not meeting the definition of a "mobilehome" is moved onto the lot. Elimination of a mobilehome
lot shall occur when the mobilehome lot ceases being rented, leased, or otherwise occupied by an owner
of a mobilehome(that is not associated with the park owner). However, the following shall not constitute a
conversion of a mobilehome park:
(A) During any one-year period subsequent to the adoption of this section, no more than one vacant lot
may be converted to other uses, provided all necessary governmental approvals, including an
amendment to any use permit or zoning is obtained.from the City. Upon application of a mobilehome park
owner, the City Council may, in its absolute discretion and upon finding of good cause, determine that a
conversion of a mobilehome park is not occurring notwithstanding that more than one vacant lot is
converted to other uses.
(B)A change in ownership to a limited equity cooperative, nonprofit corporation or condominium, provided
fifty-one (51) percent of the resident occupants participated in the purchase of the mobilehome park and
all other residents residing in the mobilehome park are offered lifetime leases.
(7) Fair market value. Fair market value shall be established through the use of an appraisal approach
wherein a number of relevant factors, including, but not limited to, the price of comparable mobilehomes
of similar size, proximity, and condition if sold on the open market without constraints imposed on the
sales price, rental rate, or buyer qualifications. Fair market value is further governed by subsection
(c)(2)(1)of this section.
(8) Impact report. A report required by California Government Code Sections 65863.7 and 66427.4 and
containing the information set forth in subsection (c)of this section.
(9) Homeowner.The owner(s)of the mobilehome.
(10) Long-term lot. Any mobilehome lot which has been occupied by the same mobilehome for at least
nine(9)of the twelve(12) months prior to the adoption of this section.
(11) Resident. A homeowner or tenant.
(12)Tenant. A person who occupies a mobilehome within a mobilehome park pursuant to a bona fide
lease or rental agreement and who, during his or her tenancy, is not the owner or member of the
immediate household of the owner of the mobilehome park. (§ 2, Ord. 869)
10
City of Sunnyvale, California
Chapter 19.72 CONVERSIONS OF MOBILE HOME PARKS TO OTHER USES
Section 19.72.010 Duty of director of community development to maintain list of housing specialists.
The director of community development shall compile and maintain a list of persons, firms and
organizations with proven expertise in the fields of housing and relocation of persons displaced from
housing.Those listed shall be qualified in assisting residents in locating replacement housing, rendering
financial advice on qualifying for various housing types, explanation of the range of housing alternatives
available, the ability to gather and present to persons needing housing relocation assistance adequate
information as to available housing, and the ability to transport persons unable to drive to housing
alternatives. (Ord. 2623-99 § 1 (part): prior zoning code§ 19.98.020).
Section 19.72.020 Conversion impact report; data on mobile home owners and tenants--Duty to file.
(a) Any person who files an application for a rezoning of land use type or density, or for approval of a
tentative map (including a tentative parcel map), or for a special development permit, or for a use permit
for the purpose of a change of use of a mobile home park shall file a conversion impact report complying
with the requirements of this section not later than the date of filing of the first such application necessary
to authorize such change of use; provided, however, that if prior to the approval of any such application it
is necessary to amend the general plan, the information required in subsection (b)(1)shall be filed not
later than thirty days prior to the initial public hearing on the amendment to the general plan. No such
application shall be considered or deemed completed or processed for consideration and approval unless
and until such conversion impact report shall.have been filed as required by this subsection.
(b) The conversion impact report shall contain the following information:
(1) The names of all persons owning mobile homes within the mobile home park, or renting mobile
home sites within such park, as shown on the rental agreement applicable thereto, and the names of all
mobile home tenants within a period commencing on the earlier of the following dates:
(i) The date of application for change of use;
(ii) The date of filing of a notice of determination that the park is undergoing a change of use
pursuant to Section 19.72.030, if such a notice was filed prior to the application.
1
(2) The age, including date of manufacture, of each mobile home within such park, including the
type of mobile home, width, characteristics, size and number identifying the mobile home site being
occupied.
(3) A list of vacant mobile home sites in comparable mobile home parks within a twenty mile radius
of the park which is the subject of the application or request, and in mobile home parks within a two
hundred mile radius of such park. The list shall contain a schedule of site rental rates for each park listed,
and criteria of the management of each park for acceptance of new tenants.
(4) A designation of the names, addresses and telephone numbers of one or more housing
specialists from the list compiled by the director of community development pursuant to Section
19.72.010, and the names, addresses and telephone numbers and fee schedules of persons qualified as
mobile home movers and of persons who are qualified appraisers of mobile homes. There shall be
included an explanation of the services which the housing specialists will provide. The applicant may
designate other housing specialists,.mobile home movers, and appraisers; provided, however, that use of
any such persons pursuant to this chapter shall be subject to approval by the director of community
development after an investigation into the qualifications of any such persons.
(5) A relocation plan, which will include a timetable for implementing the physical relocation of
mobile homes, implementation of relocation assistance, and conversion of the park to one or more other
uses.
(6) A specification of relocation assistance, which shall comply with the requirements of Section
19.72.060.
(c) A list of the names, addresses and mobile home site identification numbers of all persons whose
names are required pursuant to subsection (b)(1)shall be filed separate and apart from the conversion
impact report.When an amendment to the general plan has been requested for a change of use, or
where an application for a change of use has been filed, the applicant shall file such list with the director
of community development not later than the date of application for change of use, or not later than thirty
days after the city council has initiated any amendment to the general plan necessary for such change of
use, whichever first occurs.Where the obligation to file a conversion impact report arises from the filing of
a notice of determination that the park is undergoing a change, the owner shall file such list not later than
thirty days after the date of filing of such notice of determination. If such names include those of persons
who owned or occupied mobile homes within the park within such required period but had subsequently
relocated, the list shall include, where such information is available to the applicant, the addresses or
locations to which any such persons relocated during such period.The list shall indicate whether each
person included owns the mobile home or is a tenant, and shall clearly indicate the persons who are not
2
residing in the park. Because the use of such a list has a significant effect on the privacy of the persons
who may be identified therein, the director of community development shall maintain each such list as a
confidential public record which shall not be disclosed to the public except pursuant to the judgment,
order or decree of a court of competent jurisdiction issued pursuant to the California Public Records Act,
Sections 6250 et seq. of the California Government Code. (Ord. 2623-99§ 1 (part): prior zoning code§
19.98.030).
Section 19.72.030 Occupancy of park below twenty-five percent--Filing of notice.
(a) Whenever twenty-five percent or more of the total number of mobile home sites of a mobile home
park are uninhabited and such situation was not caused by physical disaster, including, but not limited to,
fire, flood, storm, earthquake, landslide or by any other condition beyond the control of the owner of the
mobile home park the owner of such park shall file with the director of community development a written
notice to such effect. For purposes of this chapter, a mobile home site is "uninhabited"when it is either(1)
unoccupied by a mobile home, or(2) occupied by a mobile home in which no persons reside. The
existence of the condition described in this subsection shall be deemed a "change of use"for purposes of
this chapter.
(b) Whenever a resident of a mobile home park has reason to believe that such park is uninhabited
and that such situation was not caused by physical disaster, including, but not limited to, fire, flood, storm,
earthquake, landslide or by any other condition beyond the control of the owner of the mobile home park
such resident may file a written statement to that effect with the director of community development. Such
statement shall indicate the particular sites which the resident believes to be uninhabited. Upon receipt of
such statement the director of community development shall cause an investigation and inspection to be
conducted as to the correctness of such statement. Upon completion of the investigation and inspection
the director shall conduct a public hearing as to the correctness of the statement upon not less than thirty
days written notice to the owner of the mobile home park, to the person who filed such statement, and to
all residents of the mobile home park. At the hearing the owner of the mobile home park and any resident
thereof may present evidence as to the correctness of the statement. At the conclusion of the hearing the
director of community development shall make a determination as to whether the statement is or is not
correct.
(c) Upon the filing of a notice pursuant to subsection (a)or the making of a determination that the
statement is correct or incorrect pursuant to subsection (b), the director of community development shall
transmit to the owner of the mobile home park a written notice by certified mail, return receipt requested,
or by personal service, which notice shall state, if a notice was filed pursuant to subsection (a), that the
mobile home park is determined to be undergoing a change of use, or, if the determination was made
pursuant to subsection (b), that such park is determined to be undergoing or not to be undergoing a
3
change of use, as the case may be. If the determination was made pursuant to subsection (b), written
notice thereof shall be given to the owner of the mobile home park and the resident who filed the
statement.The director of community development shall file a copy of such notice. A notice of
determination of change of use shall also direct the owner to prepare a conversion impact report, and the
director of community development shall establish a reasonable period of time for the preparation of such
report.The director of community development shall also schedule public hearings before the planning
commission and city council regarding the adequacy of the conversion impact report if it is required. Such
hearing shall be scheduled so as to allow adequate time for notice and distribution of the report to mobile
home owners and tenants and the scheduling of informational meetings pursuant to Section 19.72.040.
(d) The determination of the director of community development pursuant to subsection (b) may be
appealed by the resident who filed the statement, by the owner of the mobile home park, or by any other
resident thereof by filing a written notice of appeal with the city clerk not more than fifteen calendar days
after the date of the notice of determination. The city council shall conduct a public hearing on the appeal,
and not less than thirty days notice thereof shall be given by the director of community development to
the owner of the mobile home park and the residents thereof. At the public hearing the city council shall
consider the investigation and inspection report of the director of community development, the evidence
presented by the owner of the mobile home park and any resident thereof as to the correctness of the
statement, and at the conclusion thereof the city council shall render a decision on the correctness of the
statement.
(e) The failure of the owner of a mobile home park to prepare a conversion impact report within the
time required by the director of community development pursuant to subsection (c) is hereby determined
to have a severely adverse economic effect upon mobile home tenants and eligible mobile home owners
due to the delay in providing necessary relocation assistance which would result from such failure. Such
failure is hereby determined to be a public nuisance. If the owner of the mobile home park fails to prepare
or cause to be prepared a conversion impact report within such required time, the director of community
development shall cause such report to be prepared. Upon completion of such report the director of
community development shall cause a statement of the cost of preparation of such report to be sent to
the owner of the mobile home park. If the owner of the mobile home park fails to reimburse the city for
such cost within thirty calendar days after presentation of such statement, the director of community
development shall prepare a report on such expense and file it with the city clerk.The city clerk shall
thereupon submit written notice to the mobile home park owner of the time and place when the city
council shall receive and consider such report and give the mobile home park owner not less than thirty
days written notice thereof by certified mail. The procedure set forth in Chapter 8.20 of the Sunnyvale
Municipal Code shall be applicable.
4
• 0
(f) The provisions of this section shall not be applicable if an application for conversion of a mobile
home park shall have been filed pursuant to this chapter prior to the filing of a notice pursuant to
subsection (a), or of a written statement pursuant to subsection (b), where such application is pending.
(g) For purposes of the ensuing sections of this chapter, the owner of a mobile home park whose
mobile home park shall have been determined by the director of community development to be
undergoing a change of use shall be deemed to be an "applicant." (Ord. 2623-99§ 1 (part): prior zoning
code § 19.98.040).
Section 19.72.040 Conversion impact report; informational meeting(s); notice and distribution to mobile
home owners and residents.
(a) Not less than thirty days prior to the scheduled public hearing before the planning commission on
the conversion impact report, the applicant shall transmit to the'owner or the occupant of each mobile
home occupying a mobile home site within the park and to all other persons described in Section
19.72.020 (b)(1)a copy of the conversion impact report, a copy of this chapter, and notices of the dates,
times and places of the public hearing on the conversion impact report and the informational meeting(s)
required to be held pursuant to subsection (d).
(b) The copies of the conversion impact report and this chapter, and notices of the public hearing and
the informational meetings shall be transmitted either by certified mail, return receipt requested or
personal service. When personal service is made, a written certificate of proof of service shall be filed with
the director of community development.Where more than one person occupies a mobile home, notice
need only be sent to the person or persons whose name or names appears on the rental agreement
pertaining to that mobile home site.
(c) Not less than fifteen days prior to the date of the public hearing, the applicant shall cause to be
filed with the director of community development a verification that the applicant has complied with the
requirements of this section pertaining to transmittal of copies of the conversion impact report and of this
chapter and of the notices of the public hearing on the conversion impact report and on the informational
meeting or meetings.Where such transmittal has been by certified mail, copies of return receipts shall be
filed. When such transmittal has been by personal service, a list shall be filed with the name of each
person served and the date of service.
(d) Not later than fourteen days prior to the scheduled public hearing before the planning commission
on the conversion impact report, the applicant shall conduct not less than one informational meeting for
the residents of the mobile home park regarding the status of the application for conversion or the
impending change of use, the timing of proposed relocation of residents, relocation benefits available,
and the contents of the conversion impact report.The meeting shall be conducted on the premises of the
5
mobile home park. The applicant may conduct a series of meetings of groups of residents if a sufficient
number are scheduled to accommodate all of the residents.The housing specialist or specialists
designated in the conversion impact report shall be present at such meeting or meetings.
(e) Not less than five days prior to the public hearing on the conversion impact report, the applicant
shall file with the director of community development a statement made under penalty of perjury stating
compliance with the requirements of subsection (d). Such statement.shall state the date, time and place
where such meeting(s)was or were conducted. (Ord. 2623-99 § 1 (part):prior zoning code§ 19.98.050).
Section 19.72.050 Notice to new occupants regarding pending change in status of park; relocation
assistance.
When an application for a change of use of a mobile home park has been filed with the director of
community development, or when the director has transmitted a notice that a mobile home park is
undergoing a change of use, the owner of such park shall advise each person who commences
occupancy of a mobile home within such park after the filing of such application or transmittal of such
notice in writing, prior to commencement of such occupancy, that such application has been filed, or that
such determination has been made, and that the occupant may not be entitled to any relocation
assistance pursuant to Section 19.72.060. The owner of such park shall obtain a signed
acknowledgement of each such occupant indicating receipt of such information. (Ord. 2623-99 § 1 (part):
prior zoning code§ 19.98.060).
Section 19.72.060 Relocation assistance.
(a) The applicant shall include within the conversion impact report relocation assistance which
complies with the requirements of this section, and shall be responsible for providing such relocation
assistance when the city council shall have determined that the conversion impact report complies with
the requirements of this chapter, except where and to the extent that any such applicant shall have been
exempted from any such requirement.
(b) Relocation assistance shall consist of the following benefits for the persons designated to be
eligible for them:
(1) Mobile home owners who have relocated or have elected to relocate their mobile homes:
Relocation costs. An eligible mobile home owner who has relocated or elected in writing to relocate his or
her mobile home shall be entitled to the lesser of the following alternatives:
(A) A housing allowance of$1,300.00, adjusted for inflation. Such amount shall be in lieu of and
provided for the rent for a mobile home site for one month, required deposits, temporary lodging, and
6
moving of personal property. In addition, the sum of$3,200.00 for a single-wide mobile home, or the sum
of$12,650.00 for a multisection mobile home, adjusted for inflation (1980), shall be provided.
(B) Said housing allowance, plus the actual cost of relocation of the mobile home to another
mobile home park, including the cost of disassembly of the mobile home, its transportation to the new
site, its reinstallation at the new site, replacement or reconstruction of blocks, skirting, shiplap siding,
porches, decks and awnings.
(2) Mobile home owners who have not relocated their mobile homes and have elected to sell them:
Payment of eighty-five percent of"in-place"value or cost of local relocation.An eligible mobile home
owner who has not relocated his or her mobile home and has elected in writing to sell such mobile home
shall be entitled to the relocation benefit set forth in subsection (b), except as provided in subsection (a).
(A) The applicant shall have the right to limit his or her responsibility to the owner of the mobile
home to the cost of relocation to a vacant mobile home site in a comparable mobile home park not
greater than twenty miles from the mobile home park which is the subject of the proposed change of use,
which park will accept the mobile home to be relocated. If the applicant is able to secure such site, his or
her responsibility under this subsection (b)(ii)shall be limited to the maximum amounts required under
subsection (b)(i). No applicant shall exercise any rights pursuant to this subparagraph unless and until he
or she shall have filed with the director of community development a written declaration to such effect,
and until the director shall have conducted a random selection from among the names of all persons
otherwise entitled to receive a benefit under subsection(b)to determine a priority list as to mobile home
owners who may be subject to relocation of their mobile homes pursuant to this subparagraph. No mobile
home owner who has elected to sell his or her mobile home shall be subject to relocation of such mobile
home other than by reference to such priority list.
(B) If the applicant has not filed a declaration or is unable to procure such a site, as provided in
subsection (a), then the applicant shall be required to pay a relocation benefit in an amount equal to
eighty-five percent of the"in-place value" of the mobile home. "In-place value" is hereby defined as the
value of such mobile home if it were located in a comparable mobile home park.The applicant shall be
entitled to obtain title to such mobile home.The applicant and the mobile home owner shall each select
one appraiser who is qualified to appraise the value of mobile homes, who shall prepare and submit an
appraisal of the value of the mobile home. Each party shall bear the cost and expense of the appraiser he
or she selects.The parties shall exchange appraisals. If the higher appraisal is less than fifteen percent
higher than the lower appraisal, the value of the mobile home shall be established at the average of the
two appraisals. If the higher appraisal exceeds the lower appraisal by fifteen percent or more, the parties
or their appraisers shall select a third appraiser upon whom they shall mutually agree who shall make
another appraisal of the mobile home. If the parties or their appraisers are unable to agree upon a third
7