HomeMy WebLinkAbout1994-05-10 - AGENDA REPORTS - MFG HOME PARK CLOSUREAGENDA REPORT
CONSENT CALENDAR
City Manager Approval
Item to be presented
Lynn M. Harris k, Lx yZ� 4C
DATE: April27, 1993
SUBJECT: Committee Findings: Manufactured Home Park Closure/Conversion Ordinance
DEPARTMENT: Community Development
BACKGROUND
The City Council directed the City Manager to appoint a committee of manufactured home park
owners and residents to study the Issue of the closure and conversion of existing parks to other
uses. The primary purpose of the committee was to make a recommendation to advise the Council
whether or not a local ordinance would be beneficial to regulate this activity. The primary purpose
of a closurelconverslon ordinance would be to define the proper relocation assistance and other
potential benefits that park owners would be obligated to provide to residents who would be
displaced by a park closure. A local ordinance would bring togetler the various state statutes
governing park closures, which limit mitigation to relocation costa. The committee unanimously
recommends that a local ordinance Is necessary, and that the City Council should appoint a
committee to prepare a draft ordinance for the Council's consideration. The complete findings of
the committee, also adopted unanimously, are attached.
The City Manager appointed a balanced committee of park owners, home owners, and an
Independent mediator. The committee was composed of the following members:
Park ResidentalHome Owners: Jim Robinson and Jay Paul
Park Owners: Tom Clark and Bill Read
Independent Mediator: Mary Spring, voluntary Mediation Services
The committee met four times, and the meetings were facilitated by City staff. This was a
committee of lay people, knowledgeable of the Issues, yet not experts of trained In the law. The
Introductory paragraph of the committee findings states that these are "...common sense
conclusions... and should be reviewed by an attorney prior to Implementation " The committee
requested that their findings be transmitted to the Council as drafted, and they are attached for your
review and commertt.
For your Information, staff has prepared a chart estimating average reloeatlon costs, which Is
attached. Costs avenge between $3,4W and $11,000, depending on the type of manufactured home.
The State Planning and Zoning Law states,'The stops to be taken to mltlgate shall not exceed the
reasonable costs of relocation." The Subdivision Map Act, which would apply to park conversions
proposing to subdMde land Into multiple parcels, states that, " This section establishes a minimum
standard for local regulation of conversions of mobilehome parks Into other uses and shall not
APPREED Agenda Item: f- _.
Prwar>t a local 89encY from enacting more stringarn measures." A local ordinance would have to
conform to -the mandatory requirements of the state, and could exceed state requirements where
discretion Is allowed A City ordinance for Closures would clarify the requirements for both park
owners and residents. The ordinance would not create an additional set of obligations, but rather,
take Into account all of the state regulations and our local needs, and state In one place all of the
requirements for a closure.
RECOMMENDATION
t. Direct the City Attorney and staff to review and comment on the Committees findings.
2. Dlrsot the City Attorney to prepare a draft ordinance for City Council review and direction.
LMH.,KJM
a.,vrMrb_e .uy.
FINDINGS OF THE
MANUFACTURED HOME PARK CLOSUREICONVERSION COMMITTEE
April 1993
The Committee of manufactured home owners, manufactured home park owners, and a mediator
knowledgeable of tenant landlord Issues have reached consensus on Issues regarding a local
manufactured home park closureiconversion ordinance. These are common sense conclusions of
lay people and should be reviewed by an attorney prior to their Inclusion In any future ordinance.
None of these findings should be considered as binding on any future committee appointed to
develop an ordinance; rather, they should be considered a starting point for any future committee.
1. The Committee recommends that the City adopt a local ordinance to govem the closure and
conversion of manufactured home parks to other uses. By providing a set of rules, the
ordinance will benefit both the park owners and manufactured home owners. A committee
should be appointed, composed of manufactured home owners, park owners, and a neutral
mediator If possible, to draft a fair and equitable ordinance. Any member of this committee
Is eligible to serve on the proposed committee to prepare the ordinance, If one is appointed
by the City Council.
2. The Comm Mae reviewed the existing sections of the Civil Code, the Subdivision Map Act, and
the California Zoning and Planning Law. The relevant sections of these laws will provide an
adequate basis for a local ordinance, with modifications to fit our community. An ordinance
will bring the variety of stela requirements Into a unified local code.
3. Except If a longer period Is specified In state law, any ratification requirements shall be at
least 30 days prior to any public hearing. Copies of reports and notices shall be furnished to
manufactured home owners at least 30 days prior to any public hearing.
4. An ordinance should address the relocation costs manufactured home owners will face. In
determining relocation costs, the cost of moving and relocating manufactured homes shall be
considered a reasonable cost to be paid by the park owner. The park owners shall be
responsible for the relocation costs within a 200 mile radlus. For moves greater than 200
miles, the park owner will be responsible for only those costs typically associated with a 200
mile move.
5. The park owner Ia not responsible for paying the costs of rsbcating Illegal stntcturas and/or
Illegal additions to stnrcWtoo.
6. it Is the marwtaeturad home owrot-s responsibility to ensure that a home meets the
raqulrementts of a new park and/or local Jurisdiction. Park owners are not responsible to
rehabilitate manufactured homes to enable them to be accepted Into a new park and/or local
JurlsdiotlorL
7. If a mamlhetured horn* cannot be moved because It Is an Illegal structure, it Is the
responsibility of the home owner, not the park owner. The park owner will be responsible to
move the manufactured hone to a legal location for storage, but Is not required to rebuild the
home.
8. The Issue of park bankruptcies treads to be addressed In drafting the now ordinance.
9. The City should receive a fee for processing park closures and conversions. Thera should be
a base fee for any closure equal to the costs of filing a tentative tract map, Including the
Findings of the Manufacture Home Park Closure/COnversion Committee
April 1993 -
Page 2
provision for additional fees based on the number of units Involved. Large parks would pay
a larger fee. The preparation of Required Rlocatlon Impact Studies shall be the responsibility
of the park owner. Any costs are the responsibility of the park owner.
10. In paying moving costs, the park owner will pay all the reasonable costs of the following Items:
a. Moving preparation and 'take down" charges Incidental to preparation of the
manufactured home for moving.
b. Towing, mileage and Insurance charges for movement of the manufactured home to within
a 200 mile radius. The park owner shall obtain three bids to determine the maximum
allowable costs.
C. Setup charges as necessary to Install the manufactured home In the new location within
a 200 mile radius. The park owner Is responsible to prepare the home to be moved, to
reloats it, and to rebuild it the way it was prior to shipping. The park owner Is not
responsible to provide any upgrades.
d. And other Issues to be defined In drafting the ordinance.
11. In cases where manufactured homes can be relocated successfully:
a. The ordinance may wish to address the Issue of rent stabilization In the new park, as the
new park may not be governed by a rem control ordinance or may have substantially
higher rents.
b. The Issue of the change In the quality of the environment, such as the level of amenities,
may be addressed In the ordinance.
12. If it Is not possible to relocate an otherwise legal manufactured home, because a sgace Is not
available or the home does not meet the requirements of a new park, the manufactured home
owner shall receive a dollar amount similar to that which would be accrued in a successful
relx:atlon. The ordinance should address what value a manufactured hone owner should
receive 11 a legal home cannot be relocated.
13. When a manufactured hams owner locates Mather own space for relocation within a 200 mile
radius, the park owner attall compensate the home owner's actual costs with a dollar amount
comparable to that which would be paid by a park owner her a manufactured home relocation
up to a distance of 200 milea.
14. If then are no vacant spaces available within the City$ Planning Area as defined on the
General Plan Map, the ordinance may want to consider the Internal Revenue Service (IRS)
guidelines to assist In determining the Impact of the relocation on the manufactured home
owner. Distances beyond the City's Planning Area, up to a distance of 200 miles, shall be
compensated on a sliding sale to compensate the hone owner for the Increased
Inconvenience.
13. The City should consider Including certain manufactured home parks In future redevelopment
areas, directing CDBG funds Into manufactured home parks, Including the manufactured home
Ftrtdtrtge Of the Aftnutaoture Hon* Park ClosurWComrersion Committee
April 1993.
Pape 3
parks In the Clty's affordable housing program, encouraging the development of new
manufactured home parks, and offering other affordable housing strategies to displaced park
residents.
16. The ordinance should address the proper compensation, if any, that should be provided to
home owners who are unable to relocate to a new park because of credit problems, criminal
convictions, and other related Issues.
--------------------------------------------------------------- ----------
---------------
---------------
RELOCATION COSTS: MANUFACTURED HOMES
ESTIMATE
Prepared
by Community Development,
City of Santa
larita, 4/15/
3
------------------- -----------------------------------------------------
---------------
--------------
Sin le
Double
Wide
Wide
Cost Item
Home
Home
---------------------- ------------------- ---------------------- -------------------
------
---------------
ake Down: Porch, Awnings, Skirting, Air Cooler
800
800
Tres & Axles
if needed
350
700
Remove Piers & Pads
200
200
First 50 Miles
250
500
Additional 150 Miles
350
700
Pilot Car
if needed
100
100
Reinstall Coach at New Site
600
1600
Reinstall: Porch, Awnings,
Skirting, Air Cooler
800
800
Dry Wall Closure
0
400
Roll Back Carpet
0
200
Total Estimated Costs
3450
6000
hese are estimated dealer wholesale costs, provided
for study pqrposes.
APPENDIX A
MODEL
ORDINANCE OF THE CITY OF
REGULATING THE CONVERSION OF MOBILEHOME PARKS TO OTHER USES
The City Council off. --the City of _
follows:
SECTION I. Amendment to Municipal Code
The Municipal Code of-. the City of
hereby amended as follows:
does hereby ordain as
Section is
SECTION II. Findin¢s
and Policy
The City
Council of
the Gity of
hereby finds and
determines that the
following
local condil0ft, and circumstances
exist within the
City of
which make
necessa an appropriate the
regulations contained
in this Ordinance.
s
t
a. Mobilehome parks
comprise an important element
of the City's housing
stock for low- and
moderate-
income persons, part cularly for
senior citizens who
live on fixed incomes. There are currently within the- City a total of
mobilehome parks containing _ spaces. The median age of the City's mobilehome
owners is well above the median age of the City's residents as a whole, while their
median income is below the median income of the City as a whole. No less than _
per cent of the spaces are owner occupied.
GSMOL CONVERSION ORDINANCE MANUAL Pace A-1
b. Mobilehomes represent a significant percentage of the City's
affordable housing, and are consistent with the balanced housing element required in
the General Plan.
C. Mobilehome owners have a significant investment in their homes.
Often, the mobilehome represents their sole or principle asset.
d.
Available
comparable
sites for
relocation
of mobilehomes
within a
twenty (20)
mile radius
of the City
of
are
very limited, and
the cost
of mobilehome relocation is substantial.
e. Adequate compar#11ea housing for displaced mobilehome residents at
comparable cost is not rea ily available within the community or the County.
a,
`eft
Relocating homeowners in an area in excess of twenty (20) miles creates special
hardships, particularly for the ri> residents, who need to be within a reasonable
distance from their family, car&, ers, medical care providers, and social/support
networks. n
f. California Government tldo Section 65863.E requires that prior to a
conversion to another use, or prior to a fete park closure or at the time a
subdivision map resulting from the conve ion filed, the park, owner must first
file an impact report addressing the impact of such change with the public agency
having jurisdiction over the mobilehome park, and he agency shall have the power to
require measures to be undertaken to mitigate the rse impacts of such conversion
upon the ability of displaced residents to find adequatereplacementhousing.
g: Unless mitigation measures are provided by local government, the
conversion of mobilehome parks would cause severe financial and emotional damage to
the City's mobilehome residents, oftentimes completely destroying any value which
their mobilehomes possess.
It is the purpose of this ordinance to provide for uniform procedures
and standards for the conversion, closure, or cessation of use of a mobilehome park
GSMOL CONVERSION ORDINANCE MANUAL Page A-2
in order to implement and comply with the State statutes, and to mitigate the adverse
impact of a park closure on the displaced residents' ability to find adequate,
comparable, replacement housing, while at the same time providing park owners with
the reasonable and viable use,. of their land. It is important to adopt these
standards for both existing and future parks so that park owners and mobilehome
owners will be aware of their obligations and rights, and so that the same can be
clarified so as to promote certainly and minimize disruption.
SECTION III. Definitions
a. "Change of use" means use of a mobilehome park land for a purpose
other than the rental of two CrmAe mobilehome sites to accommodate mobilehomes for
west
human habitation. "Change of'`--"` includes, but is not limited to, a change of the
park or any portion thereof to rV"Sondominium, stock co-operative, or any form of
y4
ownership wherein spaces within the vark are to be sold, the cessation of use of all
or a portion of the park, immediatgly or; on a gradual basis, or the closure of the
ik � a
park.. "Change of use" shall not inc0- 1a+ mere purchase of the park by the existing
� �y 3
residents. �1
b. "Comparable housing" shall LeanIousing which is comparable in floor
area and number of bedrooms to the mobileo which the comparison is being made,
and which meets the minimum standards of the State Uniform Housing Code.
C. "Comparable mobilehome . park" • ans any other mobilehome park
substantially equal in terms of park amenities, rent, and other relevant factors,
such as proximity to public transportation and shopping, the job market where a
displaced resident is gainfully employed, (and proximity to schools if the park under
consideration is a family park.)
d. ".Date of Application for change of use" means the date of filing of an
application for re -zoning, General Plan amendment, use permit, site development
permit or other development approval of a change of use of a mobilehome park.
GSMOL CONVERSION ORDINANCE MANUAL Pap A-3
e. "Eligible mobilehome owner" means a mobilehome owner whose mobilehome
was located in a mobilehome park on the earlier of the following:
(1) the date of application for change of use
(2) the date of filing of a notice of a determination that the park
is under going a change of use if such notice was filed.
f. "Homeowner" means the registered owner or owners of a mobilehome, who
has a tenancy in a mobilehome park under a rental agreement.
g. 'Mobilehome" means:
(1) 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:,-
(2) a mobilehome] ai'1 defined in Section 18008 of the Health and
Safety Code.
(3) a manufactured home, ,as defined in Section 18007 of the Health
and Safety Code.
h. 'Mobilehome" does not include:
(1) a recreational vehicle, fist debned in Section 799.29 of the Civil
Code and Section 18010 of ealth and Safety Code.
(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
and Safety Code.
i. "Mobilehome park" means an area of land where two or more mobilehome
sites are rented, or held out for rent, to accommodate mobilehomes used for human
habitation, including areas of land zoned for use as a mobilehome park.
j. "Mobilehome site" is an area within a mobilehome park shown as being
occupied by or designated for occupancy by an individual mobilehome.
GSMOL CONVERSION ORDINANCE MANUAL Page A-4
k. "Mobilehome tenant" is a person who occupies a mobilehome within a
mobilehome park pursuant to a bona fide lease or rental agreement with the mobilehome
owner, and who during his tenancy, was not the owner or member of the immediate
household of the mobilehome owner.
I. "Resident" means a person lawfully residing in a mobilehome park and
includes a mobilehome owner, mobilehome 'tenant or member of the immediate household
of the mobilehome owner or mobilehome tenant.
SECTION IV Duty of Director of Community Dev to went and Services to maintain a
list of Housing Specialists. .-
i
The Director of 1�omirittttity Development and Services shall prepare and
maintain a list of persons and entities with proven expertise in the fields of
x.1
housing and relocation of persons-, displaced from housing, and shall be familiar with
the region's housing market. Anyone on such list shall be qualified to assist
residents in locating replacement h&sing-, to render financial advice in connection
with qualifying for various types ol Oiusing, to give an explanation of the range of
housing alternatives available to persons ng housing relocation assistance, and
to arrange transportation for residents Unabl to drive to see possible housing
alternatives.
r
SECTION V. Conversion Impact Report
a. Any person who files an applicatiAm"r re -zoning of land use type or
density, General Plan amendment, subdivision map;- use- permit, site development permit
or any other request for development approval for the purpose of a change of use of a
mobilehome park, shall file a report on the impact of the change of use upon the
residents of the mobilehome park in compliance with the requirements of this section
not later than the filing of the first such application necessary to ,authorize such
change of use. No application shall be considered completed for consideration and
approval unless and until such impact report shall have been filed as required by
GSMOL CONVERSION ORDINANCE MANUAL Para A-5
this subsection. This impact report shall be prepared by a consultant, but paid for
by the applicant.
b. The conversion impact report shall address the availability of
adequate, comparable replacement housing in mobilehome parks and the costs of
relocating displaced persons, and shall contain the following information:
(1) The names, addresses, and mobilehome site identification numbers
of all persons owning mobilehomes within the mobilehome park to
be converted and of all mobilehome 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.
(2) The age, including the date of manufacture, of each mobilehome
within said park, _including the type of mobilehome, width, length
and the number identifying the site it occupies.
Y
(3) A description of the mobilehome park to be converted, including
amenities, the age of the pack, the number of homes which the
x
park can accommodate a the number of homes existing in the
park, and a description of the park's landscaping and site
development plan.
(4) A list of vacant mobilehome sites in comparable mobilehome parks
within a twenty (20) mile radius of the park which is the subject
of the application or request, including, for each park listed, a
schedule of site rental rates, the criteria of the management of
each park for the acceptance of new residents and used
mobilehomes, the amenities offered and the park's proximity to
jobs, shopping, public transportation and the like. If it is
GSMOL CONVERSION ORDINANCE MANUAL Page A-6
determined that the 20 mile radius does not include comparable
Parks in terms of size or amenities, the study area may be
expanded until a comparable park and a comparable number . of
available sites is reached, but in no case shall the study area
exceed 100 miles.
(5) A designation of names, addresses and telephone numbers of one or
more housing specialists from the list compiled by the Director
of Community Development and Services, and the names, addresses,
telephone mters and fee schedules of persons qualified as
mobilehome mo''Lers and appraisers, who have been screened. An
explanation Fof the services which the housing specialist will
provide shalV'.ai;o be given. The applicant may also designate
other housing``Sfecialists, mobilehome movers or appraisers which
shall be approve by 'jhe Director of Community Development and
Services followin a�investigatiop into their qualifications.
(6) A relocation plan, will include a timetable for
implementing the pUsica
relocation of mobilehomes, the
estimated reasonable cost relocation to available sites,
E
implementation of relocation assistance, payment of relocation
costs and the conversion of the pa tto one or more other uses.
(7) The availability and cost of alternate, —comparable housing.
SECTION VI Occupancy of a Park below seventy (75%) percent deemed Change of Use,
a. Whenever twenty-five (25%) percent or more of the total number of
mobilehome sites of a mobilehome park are uninhabited and such situation was not
caused by physical disaster, including but not limited to, fire, flood, storm,
earthquake, landslide, or any other condition beyond the control of the owner of the
mobilehome park, the owner of such park shall file with the Director of Community
GSMOL CONVERSION ORDINANCE MANUAL Pala A-7
Development and Services a written notice to such effect. For purposes of this
chapter, a mobilehome site is "uninhabited" when it is either (1) unoccupied by a
mobilehome, or (2) occupied by a mobilehome in which no person resides. The
existence of the condition described in this subsection VI, shall be determined a
"change of use" for purposes of this chapter.
b. Whenever a resident of a mobilehome 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 limitedto, fire, flood, storm,
earthquake, landslide, or any other condition beyond the control of the owner of the
mobilehome park, such resider IN file a written statement to that effect with the
Director of Community Development and Services. Such statement shall indicate the
particular sites which the res' eu or other interested person believes to be
uninhabited. Upon receipt of such st ement, the Director of Community Development
'. j
and Services shall cause an invest ittion la nd inspection to be conducted as to the
correctness of such statement. Upo 1completion of the investigation and inspection
there shall be a public, hearing on the correctness of the statement upon not less
CeowAiver
than thirty (30) days' written notice to t of the mobilehome park, to the
person who filed such statement, and to aldents of the, mobilehome park. At the
hearing the owner of the mobilehome park_ or any -other interested person may present
evidence as to the correctness of the statement. iut the conclusion of the hearing,
the Director of Community Development and Services shall make a determination as to
whether the statement is or is not correct and whether the mobilehome park is
undergoing a change of use.
C. Upon the filing of a notice pursuant to subsection (a) or the making
of the determination pursuant to subsection (b), the Director of Community
Development and Services shall transmit to the owner of the mobilehome park a written
notice by certified mail, return receipt required, or by personal service, which
GSMOL CONVERSION ORDINANCE MANUAL Page A -a
notice shall state that the mobilehome park is determined to be undergoing or not
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 owner of the
mobilehome park, the person who filed the statement and the mobilehome park
residents. A notice of determination of change of use shall also direct the owner
to prepare a conversion impact report pursuant to Section V, and the Director of
Community Development and Services shall establish a reasonable period of time for
the preparation of such report. The Director of Community Development and Services
shall also schedule a public Peariltg before the Planning Commission and the City
Council regarding the adequacy off` such conversion impact report pursuant to this
Chapter. Such hearing shall be scheduled to allow adequate time for notice and
�N>S 3a
t
distribution of the report to hoe feowners and mobilehome tenants and scheduling of
informational meetings pursuant to SECTION VII.
d. The determination ot. thp, Director of Community Development and
a , i
Services may be appealed by the pet'SozW who filed the statement, by the owner of the
mobilehome park, or by any other interest "Oerson by filing a written notice with
a
the City Clerk not more than fifteen (15)' alen ar days after the date of the notice
of determination.. The City Council shall conduct a� public hearing on the appeal, and
s
not less than thirty (30) days' notice shallbe given by the Director of Community
Development and Services to the owner of the mobilehome park, and all park residents.
At the public hearing the City Council shall— consider the investigation and
inspection report of the Director of Community Development and Services, the evidence
presented by the owner of the mobilehome park and any interested person 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 and determination.
e. The provision of this section shall not be applicable if an
application for conversion of a mobilehome park has been filed and is pending.
G SMOL CONVERSION ORDINANCE MANUAL Page A-9
f. For purposes of the ensuing sections of this chapter. the owner of a
mobilehome park whose mobilehome park shall have been determined by the Director of
Community Development and Services to be undergoing a change of use shall be deemed
to be an "applicant", and shall be required to file all required forms and pay all
required fees..
SECTION V1I. Notice to Residents and Homeowners reConversion Impact Report•
Information Meetings
Following receipt of an application for the conversion of a mobilehome park
to another use, and at least 3Ns prior to a hearing or any other action on the
application, the Planning Con},misgiMi shall inform the applicant in writing of the
provisions of Section 798.56 of the Civil Code and all , applicable City requirements
which impose upon the applicant tty to notify the residents and mobilehome owners
of the proposed change in use, ishall verify therein the manner in which the
applicant shall specify that the resi Ants . nd mobilehome owners have been notified
of the proposed change in use Nei ea hearing on the application, nor any other
action thereon, shall be taken before the odrNcant has satisfactorily verified that
the residents and mobilehome owners have Ueeno notified, in the manner prescribed
by law or local regulation. ---_ I
a. Not less than fifteen (15) days pri r to the scheduled public hearing
before the Planning Commission on the conversion impact report, the applicant shall
transmit to the homeowner and to any tenant of each'-mesbliehome occupying a mobilehome
site within the park, and to all other persons described in Section V, 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 and the informational meeting
required to be held pursuant to subsection (c) hereof.
b. The documentation and information described in subsection (a) above
shall be transmitted either by certified mail, return receipt requested or delivered
GSMOL CONVERSION ORDINANCE MANUAL Page A-10
by personal service. When personal service is made, a written certificate of proof
of service shall be filed with the Director of Community Development and Services.
C. Not less than ten (10) days prior to the date of the public hearing,
the applicant shall cause to be filed with the Director of Community Development and
Services a statement made under penalty of perjury confirming compliance with the
requirements of this section pertaining to transmittal of copies of the described
documents and information. Where such transmittal has been by certified mail, copies
of each return receipt 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
the service.
d. Not less than tea (10) days prior to the scheduled public hearing
before the Planning Commission pn the conversion impact report, the applicant shall
conduct not less than one informational meeting for the residents of the mobilehome
park regarding the status of the a,pplicttion for the conversion or the impending
3 S
change of use, the timing of pro�o3,ed irelocation of residents, proposed relocation
costs and assistance, and the conversion ,4Vpact report. The meeting shall be
conducted on the premises of the mobileho Uepa The applicant may conduct a series
of meetings of groups of residents if a sufficient number are scheduled to
a
accommodate all of the residents. The housing sgecialist(s) designated in the impact
report shall be present at the meeting(s).
e. Not less than five (5) days prior_ to the public hearing on the
conversion impact report, the applicant shall file with the Director of Community
Development and Services a statement made under penalty of perjury that he or she has
complied with the requirements of subsection (d). Such statement shall state the
date, time and place where the meeting was conducted.
CSMOL CONVERSION ORDINANCE MANUAL Pya A-11
SECTION VIIi. Notice to Prospective Buyers of Pending Change 9f Use and Relocation
Assistance
When an application for a change of use of a mobilehome park has been filed
with the Director of Community Development and Services, or when the Director has
transmitted a notice that a mobilehome park is undergoing a change of use, the owner
of such park shall advise each prospective buyer, prior to commencement of occupancy
that such application has been filed, or that such determination has been made, and
that the occupant may not be entitled to relocation assistance. The park owner shall
solicit and obtain from each such prospective buyer a written, signed acknowledgement
which verifies that the information was received.
SECTION IX. Mitigation of Adverse Impact - Relocation Assistance,
a. The applicant sham inelude within the conversion impact report the
steps which are proposed to mitigate any adverse impact on the ability of the
displaced park residents to find adequate Housing in a mobilehome park, including a
description of the proposed relocation ',assistance. The City Council, upon reviewing
the report and the recommendation of the Pj4nning Commission, shall require the
applicant to take steps to mitigate such agverse.impact which shall not exceed the
T
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 X.
I. As used in this section, relocation assistance shall consist of
the following benefits for the persons who are eligible for them:
the full cost of relocating a displaced homeowner's mobilehome,
accessories, and possessions to a comparable mobilehome park
within twenty (20) miles of its existing location, including
costs of disassembly, removal, transportation, and the
reinstallation and set up of the mobilehome and accessories at
the new site, including re -leveling and the replacement or
GSMOL CONVERSION ORDINANCE MANUAL Page A-12
reconstruction of piers, skirting, siding, porches, decks,
awning, carports 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 t the new site for the first twelve (12) months of
the relocated tenancy.
2. If the City Council determines that a particular mobilehome
cannot be relocated to a comparable mobilehome park within twenty
(20) miles, oc,.Ahat it is not possible for the homeowner to
relocate at that 0ista4ce because of special circumstances, or an
eligible homeow#eiWhgs elected in writing to sell his or her
mobilehome, rather thayFelocate it, the reasonable costs of
OF a
relocation shall include the ¢ost of purchasing the mobilehome of
a displaced homeowner at its "in -place market value". Such value
is defined as the value attributable to such mobilehome if it
a
were located in a comparal�*+mobilehome park and without
considering the effect of the change of, use on the value of the
mobilehome. In order to determine such value, the applicant and
the mobilehome owner may each select an appraiser from the list
prepared by the Director of Community Development and Services.
Each party shall bear the cost and expense of the appraiser he or
she selects. If the higher appraisal is less than 15% higher
than the lower appraisal, the value of the mobilehome shall be
GSMOL CONVERSION ORDINANCE MANUAL Pala A-13
established at the average of the two appraisals. If the higher
appraisal exceeds the lower appraisal by 15% or more, the parties
or their appraisers shall select a third appraiser upon whom they
can agree to make another appraisal of the mobilehome. The value
of the mobilehome shall then be established as the amount from
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 shall
preclude the parties from entering into a good faith agreement as
-I't�
to the value A the mobilehome at any time. The applicant shall
�.. .Y
be entitled``ttr dbtain full title to such mobilehome in the event
that this subse ion is implemented.
3.
All eligible 'khon owners and mobilehome tenants of eligible
mobilehomes shalh be irovided with the services of one or more
housing experts opt the list prepared by the Director of
,
Community Development and Services to assist them in relocating
to available and ade uate housing-; upon their request. Such
experts shall be those who approved pursuant to Section IV,
b. No
y person who is renting a
benefits shall be proyjded t1:wherc.
mobilehome from
the owner of the mobilehome such person shall have
executed a written
agreement with such mobilehome park owner waiving his/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 acknowledgement
that he/she has read and understands his/her rights pursuant to this chapter and
knowingly agrees to waive them, and that he/she is recommended to consult an attorney
in connection therewith.
OSMOL CONVERSION ORDINANCE MAMJAL Pate A-14
C. Notwithstanding any of the above, the parties may agree to a mutually
satisfactory
relocation
assistance plan
in writing.
The agreement shall
include a
copy of this
chapter
as an attachment,
together with
a statement that the
homeowner
is aware of his/her rights under this chapter, and that he/she is recommended to
consult an attorney. No person signing such an agreement may thereafter contest the
adequacy of the conversion impact report at the hearing on the report. Any person
signing such an agreement may rescind it in writing within ten (10) days of signing
it. Any such agreement which is procured by fraud or misrepresentation shall be null
and void.
N'
d. No waiver by an eligible mobilehome owner or mobilehome tenant of any
of his rights pursuant to this seetbpn shall be valid or effective except with regard
to a relocation assistance agreement as provided in subsection (c).
a. Any person who files y3g application for change of use of a mobilehome
park may simultaneously file an application for a total or partial exemption from the
obligation to provide relocation costs and ts"MS14.ncc described in SECTION IX. The
owner of a mobilehome park with respect to hi a determination of change of use has
been made pursuant to SECTION VI may also file sich an application for exemption not
later than thirty (30) days from the transmittal Lthe notice by the Director of
Community Development and Services described in SECTION VI.
b. If such application is filed, notice of such application, with the
information contained therein, distribution thereof to the residents of the
mobilehome park, and discussion of the application at the informational meetings
shall be accomplished pursuant to SECTION VII.
C. Any such application shall state that it is made on either or both of
the following bases:
GSMOL CONVERSION ORDINANCE MANUAL Page A-15
1. That imposition of the full relocation obligations would
eliminate substantially all reasonable use or economic value of
the current use or of the alternative use of the property. The
applicant shall bear the burden of demonstrating that the same is
true.
2. That a court of competent jurisdiction has determined in
connection with a proceeding in bankruptcy that the closure or
cessation of use of said property as a mobilehome park is
necessary, and that such court has taken further action which
would prohibit or preclude payment of relocation assistance
benefits, in whole or in part.
d. Any such application `make pursuant to (c)(1) shall contain adequate
documentation that the conditions set forth in subsection (c) exist. The Director of
Community Development and Services may request such additional documentation,
reports and information as is deegied' necessary to evaluate the application. The
application shall contain, at a minimum, the follokv'g information:
1. The financial history3 of the mobilehome park, including
statements of profit and loss from the operations of the
mobilehome park for the most Recent five year period prior to the
date of the application, cCt-tified by a certified public
accountant;
2. The condition of the mobilehome park, and its amenities and
improvements;
3. The cost of any necessary repairs, improvements or
rehabilitation, as verified by a licensed general contractor.
4. The estimated total of relocation assistance benefits, based on
documented surveys of available mobilehome sites within twenty
GSMOL CONVERSION ORDINANCE MANUAL Page A-16
(20) miles of the mobilehome park where the residents would elect
to relocate, and the estimated value of the mobilehomes located
in applicant's park and occupied by residents who elect to sell
their m obileho mes, based on recent sales of representative
mobilehomes in the park.
5. An estimate of the value of the mobilehome park by a qualified
real estate appraiser if the property is permitted to be
developed for the use proposed in the application, and an
estimate of ,the value of the property for continued use as a
mobilehon-X park,
.d
6. Such other" 'information which the applicant believes to be
pertinent, or iyhich may be required by the Director of Community
Development ankScrvices.
e. Any application filch, pursuant to subsection (c)(2) above shall be
accompanied by adequate documentalorl ;'as to the title, case number, court in which
bankruptcy proceeding was held, and copies,,gf all pertinent judgments, orders, and
decrees of such court.
a. When a request or application has been made or filed for a General
Plan amendment, re -zoning, tentative map, use pertgit, site development permit or
other discretionary development permit for the proposed change of use of a mobilehome
park, a public hearing shall be held by the Planning Commission on the conversion
impact 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 City Council on the amendment, re -zoning, map, or permits
sought., All interested parties may present evidence on any aspect of the proposed
conversion or approvals sought.
OSMOL CONVERSION ORDINANCE MANUAL P&O A-17
b.
The Planning Commission's
decision on
such permits shall
be
appealable
to the City
Council pursuant to this
Code, except
those approvals
in
which the
Planning Commission acts only as a recommending body.
C. The Planning Commission shall make a written recommendation to the
City Council on the adequacy of the impact report, on any application for exemption
from relocation obligations and on the mitigation conditions and reasonable costs of
relocation which it recommends as conditions of the requested change of use.. Such
recommendation shall be transmitted to the City Council in the form of a resolution.
d. Upon receipt of Planning Commission's recommendations, the City
Council shall hold a public ea on these matters and shall make the following
determinations:
1, That the con' rsi n impact report does or does not comply with
the requireme f this chapter. If the City Council determines
that the impac r
ep does not comply with one or more
'l
requirements ofapter, ' the City Council shall indicate in
a
which respects the repo oes trot comply. If land use permits
for the change of u Uear approved., the City Council may
condition such'�_npprovals upon specified amendments to the
conversion impact report.?
2. That specified conditions shall tlposed' upon the change of use
to mitigate adverse impacts -upon-- the ability of displaced
homeowners to find adequate, comparable replacement housing in a
mobilehome park and to require that reasonable costs of
relocation be paid as described herein.
3. Where an exemption from relocation assistance has been applied
for based upon the impact of such assistance upon the reasonable
C3MOL CONVERSION ORDINANCE MANUAL Pap A-18
use of the property pursuant to SECTION X(c)(1), the City Council
shall make one 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 costs 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
assistanc(%, obligations, in whole or in part, because he or
she has -shown sufficient evidence that imposition of such
obligatiot s "e in whole or in part, would eliminate
substantially > all reasonable alternate use of the property.
In making such determination, the City Council may take into
account infor'aatibn received from the Planning Commission
�:
pursuant to SECT,I�O.�N X(c), (d) or (e). In rendering this
decision, the City Council shall have the power to eliminate
or waive all or pour Ps of any type of benefit which would
otherwise be applicable nd shall expressly indicate in its
decision any such waiver elimination and the extent
thereof.
4. Where an exemption from relocation assistance has been applied
for based upon bankruptcy proceeding pursuant to SECTION X(c)(2),
the City Council shall make one of the following findings:
a. 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
CSMOL CONVERSION ORDINANCE MANUAL Page A-19
connection with a proceeding in bankruptcy that the closure
or cessation of use of said property as a mobilehome 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 waive all
or portions of any type of benefit to the extent necessary
to comply with the judgment, order or decree of the court,
b. That applicant shall not be exempt from any relocation
assist nc bligations based upon any actions of a court of
bankruptcy, because sufficient evidence has not been shown
that anySproperlty
court has ordered the closure or cessation of
use of, as a mobilehome park, or that such
court has Mohibd or precluded the payments of any such
11
benefits, or
5. No request or applicationobft, an amendment to the General Plan or
zoning ordinance, apprUvalatent4tive map, use permit, site
development permit_ or other development�lpermit for change of use
of a mobilehome park —shall be approved ugiess and until the City
Council shall have first ~dtte d that the conversion impact
report complies with the �cgtr:rements) of this chapter. The
approval of a total exemption from relocation assistance
obligations shall have the effect of eliminating the requirement
of pre -approval of the conversion impact report. If such
conversion impact report is determined not to comply with the
requirements of the chapter, the aforementioned requests or
amendments shall not be considered further unless and until the
GSMOL CONVERSION ORDINANCE MANUAL Pap A-20
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,
SECTION XII. Obligations of Anolicant Following ADDroval of Cpnvcrsion Imnact
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 applicant therefrom pursuant to SECTION X.
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 mobilehome park and commence to determine the applicable relocation costs and
assistance to be provided. The hritising specialist or specialists shall give notice
of his/her relocation assistance to '•each'4 resident and former resident eligible to
receive relocation assistance as determirfecl4y the City Council under this Chapter.
b. Not less than one -hundred tdenty (120) days prior to the date any
8
resident is required to vacate the mobileh me 'ark, any monetary 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 peiforming relocation related services
i
for the resident, as the resident may direct. o'fff the applicant purchases the
mobilehome pursuant to SECTION IX, the owner of the mobilehome shall be required to
promptly submit to the applicant all documents necessary to transfer complete title
and ownership of such mobilehome to the applicant, free and clear of all security
interests, liens, or other encumbrances.
C. The date upon which any resident of the mobilehome park is required to
be removed from the mobilehome park, shall not be less than six (6) months from the
date of notice of termination of tenancy required by Civil Code section 798.56(g)(2),
GSMOL CONVERSION ORDINANCE MANUAL Page A-21
or less than twelve (12) months from the date of notice required by Civil Code
section 798.56(g), depending upon which is applicable.
d. 1f the owner of the mobilehome park, the applicant, homeowner Or
tenant specifically requests that any of the time limitations required by this
section be modified, the City Council shall consider any such modification and
evidence relating to the need thereof 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 iust and
of Building, Permit to Redevelop Parl
No building permit sha be issued for the development of any real property
which has been, or is being cOnverteclsfrorriffia mobilehome park pursuant to this chapter
unless and until the applicant or o 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 Commu,nity Dev lopm t and' ;Services a verified statement
made under penalty of perjury that relocat assistance payments required pursuant
to this chapter have been paid. Such statement Le
specify in itemized form each
payee, the amount paid, the date of payment; to typd of relocation or other
assistance for which each such payment was made.
SECTION XIV_ Violations,
In addition to any remedies or penalties for noncompliance with the City
ordinance as provided elsewhere in this Code, any park owner or applicant who
violates any right of any homeowner or mobilehome tenant under this chapter shall be
liable to said 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
GSMOL CONVERSION ORDINANCE MANUAL Pap A-22
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. In the
event any
section or portion of this ordinance or
chapter
adopted hereby shall be
determined
invalid, such sections or portion shall be
deemed severable and all other
section or
portions hereof shall remain in full force and effect.
SECTION XV. Effective Date
This ordinance shall become effective thirty (30) days from and after the
date of its adoption.
SECTION XVI.
Exemption from PqA
The
City Councif finds,
pursuant to
Title 14
of the California
Administrative
Code Section 15061,'that
this ordinance
is exempt
from the California
Environmental
Act (CEQA) in thd; it" is
not a Project,
as provided
for under Title 14,
California Administrative
Code Section
15061(b)(1),
in that it
does not have a
potential for
resulting
in a physical ; change in the environment, directly or
ultimately, as
provided in Title 141 1alifornia Administrative
Code Section 15378(a),
and that it is
further exempt
under the definition of Project
in Section 15378(b), in
that it concerns general
policy and procedure making, and that the Council directs
that Notice of
Exemption
be filed with the County clerk and
with the Secretary of
Resources.
SECTION XVII.
Posting and
Publication
At least five (5) days prior to the adoption of the ordinance the City
Clerk shall cause a summary of this' ordinance to be published .in
a newspaper of general circulation in the City of and shall cause
a certified copy of the full text of this ordinance to be posted in the office of the
City Clerk. Within fifteen (15) days after the adoption of this ordinance, the City
Clerk shall cause a summary of this ordinance to be published in the
a newspaper of general circulation in the City of
GSMOL CONVERSION ORDINANCE MANUAL Page A-23
and shall post a certified copy of the full text of this ordinance in
the office of the City Clerk, together with the names of those who voted for or
against it.
convrord.mnl.
c
d
GSMOL CONVERSION ORDINANCE MANUAL Pye A-24
CANYON BREEZE VILLAGE
CANYON PALMS
CARAVILLA
CORDOVA ESTATES
GRANADA VILLA
GREENBRIER ESTATES
HACIENDA
MULBERRY
PARKLANE MOBILE
PARKLANE MOBILE
POLYNESIAN
ROYAL OAKS
SAND CANYON
SHADY MOBILE HOME
SIERRA PARK
SOLEDAD TRAILOR LODGE
1993 MOBILE HOME PARK SPACE RENT DATA
AVERAGE
TOTAL
AVERAGE
TOTAL
TOTAL
TOTAL
MONTHLY
MONTHLY
ANNUAL
ANNUAL
HOME
SPACES
RENT
RENT
RENT
RENT
VALUE
127
$341.38
$43,355.29
$4,096.56
$520,263.48
$6,350,000.00
45
$274.83
$12,367.24
$3,297.93
$148,406.88
$2,250,000.00
83
$367.51
$30,503.00
$4,410.07
$366,036.00
$4,150,000.00
313
$410.00
$128,329.80
$4,919.99
$1,539,957.60
$15,650,000.00
174
$482.57
$83,966.64
$5,790.80
$1,007,599.68
$8,700,000.00
314
$546.46
$171,589,05
$6,557.54
$2,059,068.55
$15,700,000.00
40
$280.90
$11,236.18
$3,370.85
$134,834..16
$2,000,000.00
105
$332.11
$34,871.43
$3,985,31
$418,457.16
$5,250,000.00
165
$421.79
$69,596.00
$5,061.53
$835,152.00
$8,250,000.00
237
$418.47
$99,177.00
$5,021.62
$1,190,124.00
$11,850,000.00
146
$333.47
$48,686.96
$4,001.67
$584,243.52
$7,300,000,00
87
$351.87
$30,612.56
$4,222.42
$367,350.72
$4,350,000,00
71
$231.50
$16,436.50
$2,778.00
$197,238.00
$3,550,000,00
56
$252.59
$14,145.00
$3,031.07
$169,740.00
$2,800,000.00
64
$290.70
$18,605.00
$3,488.44
$223,260.00
$3,200,000.00
26
$268.97
$6,993.32
$3,227.69
$83,919.84
$1,300,000.00
2053
$399.64
$820,470.97
$4,795.74
$9,845,651.59
$102,650,000.00
THE RENT DATA IN THIS CHART IS COMPILED FROM CITY RECORDS
The Average Home Value in this table is estimated by multiplying the GSMOL
stated average of $50,000.00 for the State for a double -wide and actually may be
higher due to the generally higher value of Mobile Homes in parks in Santa Clarita.
Some parks may have lower mobile home values due to the condition in the park.
aFql
rrl