HomeMy WebLinkAbout2018-11-27 - ORDINANCES - AMENDING SECTIONS OF CHAPTER 6.04 OF TITLE SIX OF (2)ORDINANCE NO. 18-09
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA,
CALIFORNIA, AMENDING SECTIONS OF CHAPTER 6.04 OF TITLE SIX
OF THE SANTA CLARITA MUNICIPAL CODE CONCERNING
MANUFACTURED HOME PARKS -CHANGE IN USE REVIEW PROCEDURES
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. In order to make Chapter 6.04 consistent with prior amendments to Chapter
6.02, amendments are needed to replace the Manufactured Home Rent Adjustment Panel with
the Planning Commission to review and approve Change of Use applications.
SECTION 2. That Sections 020, 050, 060, 070, 080, 090, 100, 110, and 120 to Chapter
6.04 are amended to read as follows:
116.04.020 Definitions.
For purposes of this chapter only, the following definitions shall apply unless based on the
context, another definition is clearly intended:
"Applicant" means the park owner or his or her designee of an existing manufactured home park
that applies under this chapter for a change in use of such park.
"Change in use" means the use of a park for a purpose other than rental or the holding out for
rental of two (2) or more manufactured home sites to accommodate manufactured homes for
human habitation. A change of use may affect the entire park or any portion thereof. A change of
use includes, but is not limited to, a change of the park or any portion thereof to a condominium,
stock cooperative, planned unit development, or any form of ownership wherein spaces within
the park are to be sold. A "change in use" shall not include a decision by a mobilehome park
owner not to rent or lease a vacant space or a space occupied by a vacant mobilehome owned by
the park.
"Final permit" means the permit granted pursuant to Section 6.04.110 once a park owner has
substantially complied with all conditions of a tentative permit.
"Illegal addition" is an addition to a manufactured home for which all required building permits
were not obtained and which does not currently comply with the Santa Clarita Municipal Code.
"Illegal structure" is a structure which did not comply with applicable building and/or design
regulations and laws at the time which it was built.
"Manufactured home" is synonymous with the term "mobilehome."
"Manufactured home owner" is a person who has a tenancy in a manufactured home park under
a rental agreement with the park and has an ownership interest in the manufactured home.
"Manufactured home park" or "park" means an area of land where two (2) or more manufactured
home spaces are rented or leased out for manufactured homes used as residences. The term
"manufactured home park" does not include developments which sell lots for manufactured
homes or which provide condominium ownership of such lots, even if one or more manufactured
homes in the development are rented or leased out.
"Manufactured home park owner" or "park owner" means the owner, lessor, operator, manager,
or designated agent thereof, of a park located in the City of Santa Clarita.
"Manufactured home resident" or "resident" is a manufactured home owner or other person who
lawfully occupies a manufactured home in a park.
"Mobilehome" means that definition used in Civil Code Section 798.3, and includes a structure
designed for human habitation and for being moved on a street or highway under permit. The
term "mobilehome" includes a manufactured home, as defined in Health and Safety Code
Section 18007.
"Mobilehome owner" is synonymous with the term "manufactured home owner."
"Mobilehome park" is synonymous with the term "manufactured home park."
"Mobilehome resident" is synonymous with the term "manufactured home resident."
"Nonresident owner" is a person who owns a manufactured home located within a park but does
not reside there. A "nonresident owner" shall not include the park owner or applicant in
circumstances where the park owner or applicant owns one or more manufactured homes in the
park.
"Planning Commission" is the Planning Commission as established pursuant to Chapter 2.26 of
the Santa Clarita Municipal Code.
"Report" means the relocation impact report required by Section 6.04.030.
"Tenancy" is the right of a manufactured home owner to use a site within a park on which to
locate and maintain a manufactured home, site improvements, and the necessary accessory
structures for human habitation.
"Tentative permit" means the permit granted pursuant to Section 6.04.090.
6.04.050 Notice Regarding Proposed Change in Use.
At least thirty (30) days prior to the hearing before the Planning Commission on the change in
use, the applicant shall provide notice in both English and Spanish to all residents and
manufactured home owners affected by the change in use. Such notice shall state the time, date,
place, and nature of the hearing, shall include a copy of the relocation impact report and a
proposed tentative permit, and shall inform each manufactured home owner that he or she has a
right to appear to object to the failure to meet the requirements of this chapter with respect to his
or her home's relocation if they have not been met. Such notice shall also state whether the
applicant contends that a manufactured home owner's manufactured home is illegal or legal and,
if illegal, informs the manufactured home owner that he or she has sixty (60) days to bring the
manufactured home into compliance with applicable laws, as determined by the State of
California, or lose the rights of a manufactured home owner under this chapter. The hearing shall
not be held until the applicant has satisfactorily verified to the City that all persons have received
proper notification.
6.04.060 Hearing on the Change in Use.
A hearing shall be held before the Planning Commission on any proposed change in use. At this
hearing, the Planning Commission shall review the relocation impact report.
6.04.070 Allowable Relocation Costs and Conditions on Park Change in Use.
A. The Planning Commission may impose payment for the relocation costs outlined in this
section on the applicant as conditions of the tentative permit, subject to the provisions of Section
6.04.080. The Planning Commission shall not require any applicant to pay any relocation costs
for the relocation of residents who rent their manufactured home from another. The applicant is
to pay for the following relocation costs for each manufactured home owner's manufactured
home in the park if such costs are imposed by the Planning Commission.
1. Reasonable moving expenses charged by a professional mover for packing and moving
the manufactured home owner's personal items within the City limits of the City of Santa
Clarita, including full -value replacement insurance on the goods being moved.
2. Payment for any necessary storage expense while the manufactured home is being set
up in a new park.
3. Payment of an amount set by the City Council by resolution to cover lodging, meals,
and incidental expenses from the time when a manufactured home owner in an existing park
is required to move out of his or her manufactured home to relocate until the time when the
manufactured home is set up in the new park and ready for habitation. This provision shall
be inapplicable in the event that the mobilehome cannot be relocated within the City of Santa
Clarita and the manufactured home owner is compensated pursuant to subsection (13)(5) of
this section.
B. The Planning Commission shall impose as conditions to the tentative permit, the following
mitigation measures:
1. The applicant shall move and relocate all manufactured home owners' manufactured
homes to a legal location within the City limits of the City of Santa Clarita comparable to the
prior location in terms of amenities, rent, location and space size, including professional
moving, preparation and take-down services incidental to preparation of the manufactured
home for moving to the extent a site is available. A site is not deemed available unless a
mobilehome park in the City is willing to accept the specific mobilehome and its
manufactured home owner. "Comparable rent" as used herein shall mean rent not more than
one percent higher than the previous rent unless a higher rent is justified by an increased
space size or other compensating factors and the manufactured home owner consents to such
an increase.
2. The applicant shall obtain and retain insurance for moving the manufactured home
owner's manufactured home for the full replacement value of the manufactured homes for
the entire time of the move including take-down and reinstallation. The replacement value
shall be determined in the same manner as used by insurance companies authorized to do
business in the State of California in determining the replacement value of the mobilehome if
it had been destroyed while situated in the mobilehome park. Insurance shall be with a
company authorized to do business in the State of California.
3. The applicant shall install the manufactured home owner's manufactured home in a
comparable park within the City limits of the City of Santa Clarita, including rebuilding
existing legal structures and additions to the manufactured home.
4. The applicant shall replace the manufactured home with a comparable manufactured
home if the manufactured home is destroyed or severely damaged in transit to the new park.
The manufactured home owner may elect, at his or her sole option, to receive the cash value
of the manufactured home destroyed or severely damaged in transit. If a manufactured home
owner receives compensation pursuant to this subsection, he or she shall not be entitled to
receive any insurance payment.
5. The applicant shall ensure that the manufactured homes meet the requirements of the
new park(s) in which they are relocated. The applicant shall rehabilitate manufactured homes
to enable them to be accepted into a new park within the City of Santa Clarita. In the event
that a manufactured home owner's manufactured home cannot be relocated to another park
within the City of Santa Clarita either due to its age, condition or lack of any available
relocation sites for the specific manufactured home, the applicant shall pay to the
manufactured home owner the appropriate amount as determined by an appraiser (paid for
by the park owner) for the value of the manufactured home. The appraisal shall value the
manufactured home as if located in a comparable manufactured home park and will be based
on a real estate valuation method and not the blue book value. If the home owner does not
agree with the resulting appraisal, the home owner may pay for his or her own appraisal. The
home owner and park owner will then negotiate using both of the appraisals. If an agreement
cannot be reached, the City will provide an impartial mediator. The City will endeavor to
select a mediator that has a background in analyzing appraisals. The cost of the mediator will
be equally shared by the park owner and the home owner. Payment for the mediator will be
made in advance to the City by the parties. If one party fails to make the required payment,
the value of the relocation shall be determined to be the amount of the other party's
appraisal. If the parties still cannot agree, the impartial mediator shall determine the amount
to be paid, which amount shall be no greater than the higher of the two (2) appraisals.
C. Notwithstanding the above, if a manufactured home is illegal, as determined by the State
of California, the applicant will only be responsible for moving the manufactured home to a legal
location for storage and the applicant will not be responsible for the costs and mitigation
measures in subsections (A)(2) and (3) and B of this section, even if the same are imposed as
conditions by the Planning Commission. The applicant shall not be responsible for paying any
storage costs for the illegal manufactured home. Notwithstanding the above, a manufactured
home owner shall have sixty (60) days' notice pursuant to Section 6.04.050 to bring his or her
manufactured home into compliance with applicable law. If the manufactured home comes into
compliance with the applicable laws of the State of California within the sixty (60) day period, as
evidenced by the manufactured home owner having provided to the applicant proof from the
State of California that the home complies with California law, then the home shall be
considered legal for all purposes of this chapter and the manufactured home owner shall be
entitled to all rights accorded by this chapter, except that when the tentative permit is granted, the
owner shall not be accorded the rights of a legal owner at that time. However, at the time of
granting of this final permit, the applicant must provide all of the relocation benefits set forth in
this section with respect to such manufactured homes.
D. Notwithstanding the above, if a manufactured home includes illegal additions or
structures, the applicant shall not be responsible for the costs associated with tearing down,
moving, or setting up the same at a new location.
E. If a manufactured home owner locates his or her manufactured home in a park after notice
has been given of a change in use which would affect the portion of the park in which the
manufactured home would be located, the manufactured home owner shall not be entitled to any
of the relocation benefits provided by this chapter. If the proposed change of use does not take
place or does not affect the manufactured home owner, then the manufactured home owner shall
be eligible for all applicable relocation benefits for any subsequent change of use which affects
that manufactured home owner. The manufactured home owner shall sign a written statement
acknowledging that said owner is aware that a change of use is contemplated for the park.
6.04.080 Eligibility of Nonresident Owners for Relocation Mitigation Measures.
If the manufactured home owner is a nonresident owner, then the manufactured home owner
shall only be entitled to the relocation mitigation measures specified in Section 6.04.070(B) as
determined by the Planning Commission as a condition to the tentative permit and not the
relocation costs set forth in Section 6.04.070(A).
6.04.090 Tentative Permit.
Following the hearing on the change of use, the Planning Commission shall grant a tentative
permit if it determines that all of the requirements of Sections 6.04.030, 6.04.040 and 6.04.050
have been satisfied.
6.04.100 Notice to Residents Regarding Hearing on Final Permit.
At least thirty (30) days prior to the hearing before the Planning Commission on the final permit,
the applicant shall provide notice in both English and Spanish to all residents and manufactured
home owners affected by the change in use. Such notice shall state the time, date, place, and
nature of the hearing, and shall inform each manufactured home owner that he or she has a right
to appear to object to the failure to meet the requirements of this chapter or the tentative permit
with respect to his or her home's relocation. The hearing shall not be held until the applicant has
satisfactorily verified to the City that all persons have received proper notification.
6.04.110 Final Permit.
A. After notice is provided as required by Section 6.04. 100 and a hearing held regarding
compliance by the applicant with the tentative permit, the Planning Commission shall grant the
applicant a final permit when he or she has both: (1) substantially complied with the conditions
of the tentative permit, and (2) substantially complied with the requirements of Section 6.04.070
with respect to all manufactured homes which were illegal at the time that notice was provided
pursuant to Section 6.04.050 but came into compliance with all laws within sixty (60) days of
such notice.
B. The applicant and a manufactured home owner may agree to a resolution different than
that approved in the tentative permit after the approval of the tentative permit, and compliance
with said agreement by the applicant shall constitute "substantial compliance" under this section
with respect to matters relating to such manufactured home owner's home set forth in the
tentative permit. The agreement shall include a copy of this chapter as an attachment, together
with a statement that the homeowner is aware of his or her rights under this chapter, and that he
or she is recommended to consult with an attorney. Any such agreement which is procured by
fraud or misrepresentation shall be null and void.
C. Notwithstanding the above, the final permit shall not be issued if the applicant has
disturbed or caused to be disturbed the area and facilities of the park that are the subject of the
application in anticipation of closure of the park to facilitate future development until the
affected manufactured home owners receive fair and reasonable compensation for the
inconvenience, resulting from such disturbance, as such compensation is determined by the
Planning Commission. The Planning Commission shall make this determination at the hearing
held pursuant to Section 6.04.120. For the purposes of this section, the removal of uninhabited
manufactured homes from the park shall not be considered a disturbance under this chapter.
6.04.120 Appeal from Imposition of Conditions for Change of Use.
The applicant, manufactured home owner, and nonresident owners affected by the proposed
change in use have fifteen (15) days to appeal to the City Council either the Planning
Commission's decision to grant a tentative permit or the Planning Commission's decision to
grant a final permit. There shall be no fee for such appeal. If no appeal is filed within fifteen (15)
days of either action, the Planning Commission's decision on either the tentative permit or final
permit, as the case may be, shall be deemed final. If an appeal is filed on either action, the City
Council shall hear the appeal within thirty (30) days. The City Council's decision shall be final
as of the date it is rendered.
6.04.130 Notice After Public Hearing and City Approval.
After the tentative permit is deemed final, the applicant shall give manufactured home. owners,
nonresident owners, and residents written notice of termination of tenancy as required by State
law in both English and Spanish.
SECTION 3. This ordinance shall be in full force and effect thirty (30) days from its
passage and adoption.
SECTION 4. The City Clerk shall certify to the passage of this ordinance and shall cause
the same to be published as required by law.
PASSED, APPROVED, AND ADOPTED this 27 h day of November 2018.
ATTEST:
CITY CLERK Q
DATE:
!►LIaW'LeiN
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Mary Cusick, City Clerk of the City of Santa Clarita, do hereby certify that the
foregoing Ordinance No. 18-09 was regularly introduced and placed upon its first reading at a
regular meeting of the City Council on the 13" day of November 2018. That thereafter, said
Ordinance was duly passed and adopted at a regular meeting of the City Council on the 27 h day
of November 2018, by the following vote, to wit:
AYES: COUNCILMEMBERS: Smyth, Miranda, Kellar, McLean, Weste
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
AND I FURTHER CERTIFY that the foregoing is the original of Ordinance No. 18-09
and was published in The Signal newspaper in accordance with State Law (G.C. 40806).
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CITY CLERK