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HomeMy WebLinkAbout1994-05-10 - AGENDA REPORTS - MH PARK CLOSURE CONVERSION ORDAGENDA REPORT UNFINISHED BUSINESS DATE: May 10, 1994 City Manager Item to be presente `by: 4* Rich enderson SUBJECT: MANUFACTURED HOME PARK CLOSURE/CONVERSION ORDINANCE DEPARTMENT: Community Development BACKGROUND On April 19,,1994, this item was continued because the Council meeting was running towards midnight, and staff was instructed to include the Golden State Mobllehome Owners League, Model Park Conversion ordinance in the packet for this meeting. On April 27, 1993, the City Council directed the City Attorney to prepare a draft ordinance (attached) to regulate the closure and conversion of manufactured home parks. This direction was in response to the recommendation by the Manufactured Home Park Closure/Conversion Ordinance Committee (staff report and findings attached), that a local ordinance would bring together the various California state statutes governing park closures. This report summarizes the proposed ordinance and identifies the responsibilities of owners of manufactured home parks to home owners in the relocation process. The Manufactured Home Park Closure/Conversion Ordinance was reviewed several times by the Committee, and has received the support of the committee. Briefly, It reiterates all the state requirements, including: That prior to the change in use of a manufactured home park, the park owner must file a Relocation Impact Report and Relocation Permit application with the Department of Community Development (specific items to be included in the report are detailed in the Ordinance); and That the Planning Commission would conduct a public hearing on any proposed change In use of a manufactured home park, and that the Commission shall require that the park owner pay for reasonable costs of relocation to displaced residents and nonresident owners. The ordinance stipulates the allowable relocation costs and conditions on changes in park use, the manner in which the park owner may pay benefits to manufactured home owners, responsibilities of the manufactured home owner, and the relocation destination range for which benefits are payable. Section 6.04.080 of the Ordinance does not grant relocation benefits to residents of manufactured Continued To: Ag w item;_ homes who rent homes rather than own them. The Committee discussed whether or not to require manufactured home park owners to provide relocation benefits to renters, and decided that the degree of burden on someone who would not be required to move a manufactured home was not great when compared to the burden on someone who was. It was considered by the Committee that a renter would experience only the short-term inconvenience of moving to another rental unit, but would not have the longer -term responsibility, inconvenience and expense of moving a manufactured home or displacement to a temporary residence, and thus no relocation benefits were warranted. The City Attorney has discussed this aspect of the ordinance with Staff, and has provided separate comments in a confidential letter to the City Council. The ordinance enables the Planning Commission to require the manufactured home park owner to pay the following relocation costs to owners of relocated manufactured homes: • The full cost of moving and relocating the manufactured home to a legal location within a 200-mile radius, including Incidental costs of preparation and "take -down" of the home, moving, towing, mileage and Insurance charges. (If the owner of the home desires a new location beyond a 200-mile radius, then the owner pays the difference. If the home is destroyed or severely damaged during moving, the park owner is required to either replace the home or to offer the cash value of the home to the owner.) • Reasonable moving expenses for packing and moving the residents' personal items, including full value replacement insurance on the goods being moved, and mileage reimbursement, at the prevailing IRS rate for business travel, for each vehicle owned by the resident. • One month's storage expense while the manufactured home is being set up in a new park. • $1,000.00 for lodging, meals and incidental expenses for the residents of each manufactured home, for a period of 21 days during the moving and set-up of the home In the new location. If the relocation takes longer than 21 days, then residents shall be entitled to $50.00 a day until relocation is completed, up to a maximum of 20 additional days. (The $1,000.00 was considered by the Committee to be a reasonable amount for a prudent person's expenses for a short period of time.) The ordinance does not require park owners to repair or to otherwise rehabilitate manufactured homes that are illegal structures, contain illegal additions, or do not meet requirements of the new park or new jurisdiction. Additionally, if a comparable relocation is unavailable within the 200-mile radius, the park owner is not required to pay benefits over and above those explained above. The model park conversion ordinance which was developed by GSMOL is attached. This ordinance differs in two major respects from the City's draft ordinance. It requires that a suitable location be found within a twenty (20) mile radius. It then requires that any increase in rent be reimbursed for the first twelve (12) months'tenancy in the new park. The other difference In the model ordinance Is that if a particular mobilehome cannot be relocated to a comparable mobilehome park within twenty (20) miles, or if it is not possible for the homeowner to relocate at that distance because of special circumstances, or if the homeowner has elected to sell his or her mobilehome rather than relocate it, then the reasonable costs of relocation shall include the costs of purchasing the mobilehome at its "in place market value," or the full value as set up in a park not facing closure. The committee discussed both of these issues and reached a consensus that a park owner should not be required to purchase mobilehomes or to pay future rent. RECOMMENDATION City Council introduce, waive further reading, and pass to 2nd reading Ordinance No. 94-1 amending Santa Clarita Municipal Code at Title 6. RH:CMK:twb caunciNnW10ag,cmk ORDINANCE NO. 94-1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING THE MUNICIPAL CODE AT TITLE 6 TO ADD CHAPTER 6.04 AND AMENDING SECTION 16.25.040 AND 16.25.110 REGARDING THE CHANGE IN USE OF MANUFACTURED HOME PARKS THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION L. Santa Clarita Municipal Code is hereby amended at Title 6 to add Chapter 6.04 to read as follows: "6.04 MANUFACTURED HOME PARKS - CHANGE IN USE 6.04.010 Purpose. The unrestricted change in use of manufactured home parks to other uses diminishes the manufactured home stock and spaces that are available within the City and surrounding areas. The protection of residents and potential purchasers of manufactured homes warrants the implementation of regulatory safeguards. The City recognizes that the private sector does not always exercise its responsibility to provide varied housing choices and opportunities and that City participation in this process Is needed. The regulatory safeguards also protect manufactured park owners by providing an orderly process for changes in the use of manufactured home parks and by limiting the amount of relocation costs which the park owner can be required to pay. Nothing in this chapter shall be deemed to authorize the termination of any tenancy within an existing park except as otherwise authorized by law. 6.04.020 Definitions. For purposes of this chapter only, the following definitions shall apply unless based on the context, another definition is clearly Intended: (Cm cod. § 79&10) A. "Change in use" means use of a park for a purpose other than rental or the holding out for rental of two 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. B. "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. C. "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. D. "'Manufactured home" is synonymous with the term "mobilehome". E. "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. F. "Manufactured home park" or "park" means an area of land where two 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. G. "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. H. "Manufactured home resident" or "resident" is a manufactured home owner or other person who lawfully occupies a manufactured home In a park. 1. "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 the Health and Safety Code section 18007. J. "Mobilehome owner" Is synonymous with the term" manufactured home owner K. "Mobilehome park" is synonymous with the term "manufactured home park". L. "Mobilehome resident" Is synonymous with the term "manufactured home resident". M. "Nonresident owner" is a person who owns a manufactured home located within a park but does not reside there. N. "Report" means the Relocation Impact Report required by Section 6.04.030. O. "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. 6.04.030 Relocation Impact Report. A. Prior to the change In use of a park, the park owner shall file with the City's Department of Community Development a Relocation Impact Report which -2- outlines the Impact of the change in use on displaced residents. The Report shall include, but not be limited to, the following Issues: 1. The number of spaces within the existing park. 2. A list of names and addresses of all residents within the park. 3. A list of names and addresses of all nonresident owners within the park. 4. The date of manufacture and size of each manufactured home and the current replacement value of each manufactured home affected by the relocation. 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. 5. Any manufactured homes which the park owner contends are illegal structures or to which illegal additions have been made. 6. The length of tenancy by each resident and nonresident owner. 7. The current rent charged for each space in the mobilehome park and the number of residents occupying each manufactured home affected by the proposed change in use. 8. The number of alternative sites available to residents and nonresident owners within a 200-mile radius, including written commitments from the owners of those parks to accept relocated manufactured homes and residents. 9. A proposed time schedule for residents and nonresident owners to vacate the existing park. 10. Information supporting an estimated dollar figure for each relocation cost which may be Imposed by the Planning Commission pursuant to Section 6.04.070 A. 6.04.040 Permit: Application And Fee. Submission of the Relocation Impact Report to the City's Department of Community Development shall constitute an application for a permit requesting a change of use pursuant to Civil Code section 798.56(g). The application shall be accompanied by a fee in an amount set by resolution of the City Council pursuant to Government Code section 66016. 6.04.050 Notice To Residents Regarding Proposed Change In Use. At least 30 days prior to the hearing before the Planning Commission on the change in use, the park owner shall provide notice to all residents and nonresident owners affected by the change in use. Such notice shall state the time, date, place •3- and nature of the hearing and shall include a copy of the Relocation Impact Report. The hearing shall not be held until the park owner has satisfactorily verified to the City that all persons have received proper notification. (G�. cd. — §waw) 6.04.060 Hearing On The Change In Use. A hearing shall be held on any proposed change in use before the Planning Commission. At this hearing, the Planning Commission shall review the Relocation Impact Report. The Planning Commission shall require, as a condition of the change in use, that the park owner mitigate any adverse impacts of the change in use on displaced residents and nonresident owners. Such mitigation measures shall not exceed the reasonable relocation costs outlined in Section 6.04.070. This hearing may be combined with any other public hearing relating to the proposed change in use. 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 park owner as a condition for the proposed change in use, subject to the provisions of Section 6.04.080. The park owner is to pay for the following relocation costs for each manufactured home in the park if such costs are imposed by the Planning Commission. 1. The full cost of moving and relocating the manufactured home to a legal location within a 200-mile radius, including professional moving preparation and take -down charges incidental to preparation of the manufactured home for moving and the towing, mileage and insurance charges for moving the manufactured home within a 200-mile radius. Insurance shall be with a company authorized to do business in the State of California. The park owner shall obtain three bids to determine the maximum allowable costs. For moves greater than 200 miles, the park owner shall be responsible for only those costs associated with a 200-mile move. 2. Setup charges necessary to Install the manufactured home in a comparable park within a 200-mile radius, including rebuilding existing legal structures and additions to the manufactured home. 3. Replacement of 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, s/he shall not be entitled to receive any insurance payment. 4. Reasonable moving expenses charged by a professional mover for packing and moving the resident's personal items, including full value replacement insurance on the goods being moved. 5. Payment for one month's storage expense while the manufactured home is being set up in a new park. -4- 6. Payment of $1,00o for the residents of each manufactured home to cover lodging, meals, and incidental expenses when residents of the park are being moved to a new location and while the manufactured home is being set up in the new park. If the relocation takes longer than 21 days, then residents shall be entitled to $50 a day until relocation is completed, up to a maximum of 20 additional days. 7. Payment for mileage at the legal rate set by the Internal Revenue Service as a deduction for business mileage for driving each vehicle which each resident of the park owns to the new location of the manufactured home or other new residence, up to a limit of 200 miles one way. B. If a manufactured home is illegal, as determined by the State of California, the park owner will only be responsible for moving the manufactured home to a legal location for storage and the park owner will not be responsible for the costs In A.1, A.2, A.5 and A.6 of this section, even if the same are Imposed as conditions by the Planning Commission. The park owner shall not be responsible for paying any storage costs for the manufactured home. C. If a manufactured home includes illegal additions or structures, the park owner shall not be responsible for the costs associated with tearing down, moving, or setting up the same at a new location. D. 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 has been proposed for the park. 6.04.080 Direct Payments By Park Owners. At each manufactured home owner's sole option, the manufactured home owner may enter into a written agreement with the park owner for direct payment of some or all of the relocation costs which the Planning Commission may Impose on the park owner pursuant to Section 6.04.070 A.1-7. If the manufactured home owner is a nonresident owner, then the manufactured home owner shall only be entitled to the relocation costs specified in Section 6.04.070, subsection A.1, 2 and 3. A resident who is not a mobilehome home owner shall not be entitled to any of the relocation benefits outlined in Section 6.04.070. Specific relocation costs are payable by the park owner only to the extent that which the Planning Commission may Impose such relocation costs on the park owner pursuant to Section 6.04.070. -5- 6.04.090 Responsibilities Of Manufactured Home Owner. The following expenses associated with relocation of the manufactured homes are the responsibility of the manufactured home owner and may not be Imposed on the park owner: A. Relocating illegal additions or structures attached to, connected with, or a part of manufactured homes and any illegal additions to structures attached to or associated with manufactured homes. B. Ensuring that a manufactured home meets the requirements of a new park and the jurisdiction in which the new park is located. Park owners are not responsible for rehabilitating manufactured homes to enable them to be accepted into a new park or a new jurisdiction. C. Paying for the costs of any upgrades on rebuilding the manufactured home at a new location. D. Rebuilding the manufactured home, if the manufactured home cannot be moved because it is an illegal structure. 6.04.100 Relocation To A Specific Park Not Required. In no Instance shall relocation to a specific park or location be required for the receipt of relocation benefits allowable pursuant to Section 6.04.070. Applicable benefits are payable regardless of the actual location to which the manufactured home is removed. 6.04.110 Comparable Relocation Unavailable. In its consideration of the Relocation Impact Report, the Planning Commission is to determine if there are comparable parks within a radius of 200 miles from the affected park to which all of the manufactured homes could be relocated. If any manufactured home cannot be relocated due to lack of vacancies In other parks, the age, size or condition of the displaced manufactured home or for other reasons, the park owner shall be responsible for payment of relocation benefits equal to those payable if the manufactured home could be relocated to a park 200 miles from the park affected by the change of use. 6.04.120 Appeal From Imposition Of Conditions For Change of Use. The park owner, residents and nonresident owners affected by the proposed change in use have fifteen days to appeal the Planning Commission's decision. If no appeal is flied within fifteen days, the Planning Commission's decision shall be deemed final. If an appeal is filed, the City Council shall hear the appeal within 30 days. The City Council's decision shall be final as of the date It is rendered. IRE (Clv. Code 6.04.130 Notice After Public Hearing And City Approval. § 798.5619)) After all required permits requesting a change in use have been approved and are deemed final, the park owner shall give residents and nonresident owners at least six month's written notice of termination of tenancy. 6.04.140 Park Bankruptcy. The provisions of this Chapter are inapplicable if the change in use of a park is the direct result of a bankruptcy adjudication. 6.04.150 Approval Must Be Obtained Prior To Change In Use. No building permit shall be issued on property occupied by a park for uses other than those associated with the park use until approval for a change in use has been obtained pursuant to this Chapter. 6.04.160 Nonexclusive Remedy. This Chapter is not Intended to substitute for any legal or equitable remedy otherwise available under law and should be understood to provide remedies which are cumulative thereto and otherwise nonexclusive" SECTION 2. Santa Clarita Municipal Code Is hereby amended at Section 16.25.040 to read as follows: "16.25.040 Contents And Submittal Requirements. The subdivider shall provide the Information and documents required by City resolution as well as the following: A. Approximate location of all areas subject to flooding and the location and directions of flow of all watercourses. B. A soil or geologic report when required by the City Engineer. C. A Relocation Impact Report, which contains the information required pursuant to Government Code section 66427.4 and Municipal Code section 6.04.030, it the tentative map or parcel map Involves the subdivision of a manufactured home park or mobilehome park:" SECTION 3. Santa Clarita Municipal Code Is hereby amended at Section 16.25.110 to read as follows: "16.25.110. Authority Of The Planning Commission. The Planning Commission Is authorized to approve, conditionally approve or disapprove tentative maps and to exercise the responsibilities as specified by Sections 66473.5, 66474, 66474.1 and 66474.6 of the Subdivision Map Act. When the proposed tentative map or parcel map involves the -7- subdivision of a manufactured home park or mobilehome park, the Planning Commission is not authorized to approve any tentative maps until the subdivider has complied with the provisions of Municipal Code Chapter 6.047 SECTION 4. If any section, subsection, sentence, clause, phrase or portion Of this Chapter is for any reason held void, Invalid or unconstitutional by a court of competent jurisdiction, such invalidity shall not affect the other provisions of this Ordinance or clauses or applications thereof which can be implemented without the Invalid provisions or clause or application and to this end the provisions and clauses of this Ordinance are declared to be severable. SECTION 5. The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be published In the manner required by law. PASSED, APPROVED AND ADOPTED this day of 1994. Mayor ATTEST: City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) § CITY OF SANTA CLARITA ) I, Donna M. Grindey, City Clerk, DO HEREBY CERTIFY that the above and foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the day of , 1994, by the following vote of Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: eounci4ord$4-ta k City Clerk 10