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Home My WebLink About1993-04-27 - AGENDA REPORTS - CONVERSION ORD (2)AGENDA REPORT City Manager Item to be pn Lynn M. Harriss CONSENT CALENDAR DATE: April 27, 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 closurelconversion 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 together the various state statutes governing park closures, which limit mitigation to relocation costs. 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 Residents/Home Owners: Jim Robinson and Jay Paul Park Owners: Tom Clark and Bill Reed 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 or 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 comment. For your Information, staff has prepared a chart estimating average relocation costs, which Is attached. Costs average between $3,450 and $6,000, depending on the type of manufactured home. The State Planning and Zoning Law states, 'The steps to be taken to mitigate shall not exceed the reasonable costs of relocation:' The Subdivision Map Act, which would apply to park conversions proposing to subdivide land into multiple parcels, states that, "This section establishes a minimum standard for local regulation of conversions of mobliehome parks Into other uses and shall not APPROWED Agenda Item: prevent a local agency from enacting more stringent 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 1. Direct the City Attorney and staff to review and comment on the Committee's findings., 2. Direct the City Attorney to prepare a draft ordinance for City Council review and direction. LMH:KJM eurtennmhp c_o7.kpn FINDINGS OF THE MANUFACTURED HOME PARK CLOSURE/CONVERSION 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 closure/conversion 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 govern 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 homeowners. 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 Committee 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 state requirements into a unified local code. 3. Except if a longer period Is specified In state law, any notification 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 radius. 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 Is not responsible for paying the costs of relocating illegal structures and/or Illegal additions to structures. 6. It is the manufactured home owner's responsibility to ensure that a home meets the requirements 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 jurisdiction. 7. If a manufactured home 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 home to a legal location for storage, but Isnot required to rebuild the home. 8. The Issue of park bankruptcies needs to be addressed in drafting the new ordinance. 9. The City should receive a fee for processing park closures and conversions. There should be abase fee for any closure equal to the costs of filing a tentative tract map, including the Findings of the Manufacture Home Park Closure/Converslon 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 Relocation 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 relocate 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 rent 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 space isnot 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 relocation. The ordinance should address what value a manufactured home owner should receive if a legal. home cannot be relocated. 13. When a manufactured home owner locates his/her own space for relocation within a 200 mile radius, the park owner shall compensate the home owner's actual costs with a dollar amount comparable to that which would be paid by a park owner for a manufactured home relocation up to a distance of 200 miles. 14. If there are no vacant spaces available within the City's 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 scale to compensate the home owner for the Increased Inconvenience. 15. The City should consider Including certain manufactured home parks in future redevelopment areas, directing CDBG_funds Into manufactured home parks, including the manufactured home Findings of the Manufacture Home Park Closure/Conversion Committee April 1993 Page 3 parks In the City'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. cw9n(unhp cfOx.lgm RELOCATION COSTS: MANUFACTURED HOMES ESTIMATE Prepared by Community Development, City of Santa Glarita, 4/15/93 ----------------------------------------------------------------------- --------------- --------------- Sin le Double Wide Wide Cost Item Home Home ----------------------------------------------------------------------- --------------- --------------- ake Down: Porch, Awnings, Skirting, Air Cooler 800 800 Tires & 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, providedifor study purposes. r ws.x ®®® Voluntary Mediation Services �<i(OP NSP'u'''; Robert G. Medina Director April 16, 1993 Kevin Michel, City of Santa 23920 Valencia Santa Clarita, Dear Kevin: Senior Planner Clarita Blvd., Suite 300 CA 91355 RECEIVED [APR 19 1993 COMMUNITY DEVELOPMENT CITY OR W"r CI.ARITA Due to vacation plans, I will not be able to attend the Santa Clarita,.City Council meeting on Tuesday, April twenty-third, where the recommendation of the Manufactured Home Park Closure/ Conversion Committee will be presented. Please relay to the Council that I found the people on the task group acted most professionally in addressing some very sensitive issues, and in reaching agreement on the items recommended to the Council. I endorse the recommendation without reservation. I commend you, Kevin, for your leadership. You enquired if I would be willing to serve on the committee that will address the content of the ordinance, and I respond that I would look forward to the opportunity. I will be .gone from April 22 until May 3, but if I can be of any assistance before or after that time, please do not hesitate to call me. Good luck with your presentation to the Council. Yours truly, Mary 1% Spring Santa Clarita Valley Service Center . 24271 San Fernando Road . Newhall, California 91321 . (605) 254-0070 James H Robinson 28504 Sand Canyon Rd. #129 Santa Clarita, Ca. 91351 Home Phone (805) 251-3751 Work Phone (818) 597-5347 To: Kevin Michel, Senior Planner From: James H. Robinson, Mobilehome-owner representative. Subject: Revised Draft: Committee Findings Date April 1, 1993 April 19, 1993 As you know, Mr. Jay Paul, the other mobilehome-owner representative on the Manufactured Home Park Closure/Conversion committee, has since retired and moved away from Santa Clarita. He will not be available for the City Council Meeting April 27, 1993. I also will not be able to attend because I will be in South Carolina attending a United States Marine Corps meeting in conjunction with my job. I have read the subject revised draft, per your April 1 1993 letter, and.l. concur that these are the findings of the committee. I also agree that the $3,500.00 to $7,000.00 figures for moving a mobilehome, as we discussed by phone on Friday April 16,1993 is in line with other estimates I have heard. Please pass along to the Mayor and Council my regrets that I can not attend the meeting on the 27th. If you will, also pass along my personal wish that the council please appoint a committee to develop a Manufactured Home Park Closure/Conversion ordinance. I gladly hereby volunteer to be a member of such a committee. Sincerely i James H. Robinson