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HomeMy WebLinkAbout1996-11-12 - AGENDA REPORTS - MH RELOCATION IMPACT ORD (2)AGENDA REPORT City Manager Approval Item to be presented by: Rich Henderson NEW BUSINESS DATE: November 12, 1996 SUBJECT: MOBILEHOME RELOCATION IMPACT ORDINANCE ORDINANCE 96-31 DEPARTMENT: Community Development BACKGROUND A committee has been meeting to implement the direction given by the City Council on September 3, 1996, to develop an ordinance for Council consideration. The draft ordinance contains provisions which set forth the procedures which must be followed by a mobilehome park owner who seeks a permit to close a mobilehome park.' As proposed, the park owner must give 30 days notice to all residents and nonresident owners, of the time, place, and nature of a hearing to be held by the Manufactured Home Rent Stabilization Panel. The notice must include a Relocation Impact Report which describes a plan to address the impacts of relocation. All costs must be borne by the park owner. The panel will hold a hearing or hearings to determine the fairness of the plan. The draft ordinance spells out the minimum provisions in any plan to be considered, including relocation to a comparable site within the City, and payment of all reasonable expenses of moving, packing, storage, and lodging. The park owner must retain insurance and relocate the mobilehomes, including meeting all requirements in the new park. If the panel determines the plan is fair, then a tentative permit shall be granted. No disturbance may be caused to the area or facilities that are the subject of the application in anticipation of closure of the park until the relocation and other benefits have been completed.. Following a tentative permit approval, a six-month notice may be given of intention to close the park. After the six-month period has run, relocation may begin. A final permit may be applied for after the park owner has met all the requirements of the tentative permit, including relocation of the mobilehomes. A 30 -day notice would be sent prior to the hearing on the final permit. Only when the panel approves a final permit may any construction begin for the new use on the property. nfin- TO: m�A.b16 5�eJl,-cd Agenda Itemi—q Both the tentative and final permits allow a 15 -day appeal period to the City Council following any panel decision. Although the committee reached a consensus that the draft ordinance should be presented to the Council in its present form, one of the mobilehome owners on the committee has stated that he will raise several issues which he would like to see included in the ordinance. He has also submitted an alternate ordinance which staff has reviewed. There are three issues differentiating his submittal from the committee's ordinance. The first issue concerns provision of earthquake bracing at the park owner's expense regardless of whether the mobilehome had such bracing prior to being relocated. Staff has learned that state law requires a "tie -down" system, as of September 20, 1995, for any newly placed or relocated mobilehome. This will be at the expense of the park owner. Tie -downs afford vertical uplift protection and some lateral protection. Earthquake bracing affords lateral protection. Since the state has entered this field and is requiring the tie -downs, staff feels the additional cost to provide earthquake bracing would not be a reasonable cost associated with relocation impacts. Such a requirement may be suitable to be placed in the Mobilehome Park Standards section of the City code. There is some feeling at the state level that requiring both systems would be redundant. The second issue is the mobilehome owner's ability to choose between being relocated or being bought out. The committee's draft ordinance was written with the idea of eliminating the nedd to determine the value of each mobilehome and all the attendant disputes as to value or method of appraisal. Instead, relocation to a comparable park within the City limits was added in order to. eliminate the arduous appraisal and appeal process. In addition, requirements which are too severe as determined by the courts, can be deemed to be a regulatory "taking", requiring just compensation. The third issue concerns the definition of a change in use, to possibly include the renting of mobilehomes and the keeping of vacant spaces. We have followed the language used by the State Civil Code, Section 798.10 in the draft definition. To do otherwise would entail auditing the parks to determine whether non -owners were residing in mobilehomes, and also counting the vacant spaces. Previous attempts to audit the number of vacant spaces after the earthquake proved to be cumbersome, since the definition of vacancy came under scrutiny and dispute. The above issues are not fully. discussed here. Only an overview and the reason why they are not presently a part of the draft ordinance is presented. Jim Robinson will present the minority view on these issues at the Council Meeting. The ordinance includes a "sunset" clause, which will cause the ordinance to expire in one year unless reenacted. This will permit the City to review the availability of spaces for relocating mobile homes. RECOMMENDATION Accept public testimony, introduce Ordinance 96-31 for first reading, waive further reading and pass to second reading. ATTACHMENT Ordinance 96-31 Council\srmobile.rh ORDINANCE NO. 96-31 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 1. 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: A. "Applicant" means the park owner of an existing manufactured home park that applies under this Chapter 6.04 for a change in use of such park. B. "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. C. "Final Permit" means the permit granted pursuant to Section 6.04.120 once a park owner has substantially complied with all conditions of a Tentative Permit. D. "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. E. "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. F. "Manufactured home" is synonymous with the term "mobilehome". G. "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. H. "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. I. "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. J. "Manufactured home resident" or "resident" is a manufactured home owner or other person who lawfully occupies a manufactured home in a park. K. "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. L. "Mobilehome owner" is synonymous with the term manufactured home owner". M. "Mobilehome park" is synonymous with the term "manufactured home park". N. "Mobilehome resident" is synonymous with the term "manufactured home resident". O. "Nonresident owner" is a person who owns a manufactured home located within a park but does not reside there. P. "Panel" is the Manufactured Home Rent Adjustment Panel as established by Chapter 6.02 of Title 6 of the Santa Clarita Municipal Code. Q. "Report" means the Relocation Impact Report required by Section 6.04.030. R. "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. S. "Tentative Permit" means the permit granted pursuant to Section 6.04.090. 6.04.030 Relocation Imnact Report. A. Prior to the change in use of a park, the Applicant shall file with the City's Department of Community Development a Relocation Impact Report which outlines the impact of the change in use on displaced residents. The Report shall include, but not be limited to, the following information: 1. The number of spaces within the existing park. 2. A list of names and addresses of all manufactured home residents within the park. 3. A list of names and addresses of all nonresident owners within the park. 4. Any manufactured homes which the park owner contends are illegal structures or to which illegal additions have been made. 5. 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. 6. Written commitments from the, owners of parks with alternative sites within the City of Santa Clarita accepting all the manufactured homes to be relocated, and acknowledging: (1) the type of such homes to be -relocated therein, (2) the condition of such homes, (3) the rent applied, (4) the individual residents, and (5) the space to which each manufactured home is to be relocated. 7. A proposed time schedule for residents and nonresident owners to vacate the existing park. 6.04.040 Application And Fee. Submission of the Relocation Impact Report and a proposed Tentative Permit to the City's Department of Community Development shall constitute an application for a Tentative Permit for 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 Reeardine Proposed Chanee In Use. At least 30 days prior to the hearing before the Panel on the change in use, the Applicant shall provide notice to all.residents and nonresident owners affected by the change in use. Such notice shall state the time,.date, place and nature of the hearing, shall include a copy of the Relocation Impact Report and a proposed Tentative Permit and shall inform each resident that he or she has a right to appear to object to the failure to meet the requirements of this Chapter with respect to his or her home's relocation. Such notice shall also state whether the Applicant contends that resident's manufactured home is illegal or legal and, if illegal, informs the manufactured home owner that he or she has 60 days to bring the manufactured home into compliance with applicable laws, as determined by the State of California, or lose the rights of a manufactured home owner under this Chapter. The hearing shall not be held until the Applicant has satisfactorily verified to the City that all persons have received proper notification. 6.04.060 Hearine On The Chanee In Use. A hearing shall be held before the Panel on any proposed change in use. At this hearing, the Panel shall review the Relocation Impact Report. 6.04.070 Allowable Relocation Costs And Conditions on Park Chanee In Use. A. The Panel may impose payment for the relocation costs outlined in this section on the Applicant as conditions of the Tentative Permit, subject to the provisions of Section 6.04.080.- The Applicant is to -pay for the following relocation costs for each manufactured home in the park if such costs are imposed by the Panel. 1. Reasonable moving expenses charged by a professional mover for packing and moving the resident's personal items within the city limits of the City of Santa Clarita, including full value replacement insurance on the goods being moved. 2. Payment for any necessary storage expense while the manufactured home is being set up in a new park. 3. Payment of $75 per day for the residents of each manufactured home to cover lodging, meals, and incidental expenses from the time when a resident of the existing park is required to move out of his or her manufactured home to relocate until the time when the manufactured home is set up in the new park and ready for habitation. B. The Panel shall impose as conditions to the Tentative Permit, the following mitigation measures: 1. The Applicant shall move and relocate all manufactured homes to a legal location within the city limits of the City of Santa Clarita comparable to the prior location in terms of amenities, rent, location and space size, including professional moving, preparation and take-down services incidental to preparation of the manufactured home for moving. "Comparable rent" as used herein shall mean rent not more than one percent (1%) higher than the previous rent unless a higher rent is justified by an increased space size or other compensating factors and the manufactured home owner consents to such an increase. 2. The Applicant shall obtain and retain insurance for moving the manufactured home for the full replacement value of the manufactured homes for the entire time of the move including take-down and reinstallation. The replacement value shall be determined in the same manner as used by insurance companies authorized to do business in the State of California in determining the replacement value of the mobilehome.if it had been destroyed while situated in the mobilehome park. Insurance shall be with a company authorized to do business in the State of California. 3. The Applicant shall install the manufactured homes in comparable parks within the City limits of the City of Santa Clarita, including rebuilding existing legal structures and additions to the manufactured home. 4. The Applicant shall replace the manufactured home with a comparable manufactured home if the manufactured home is destroyed or severely damaged in .transit to the new park. The manufactured home owner may elect, at his or her sole option, to receive the cash value of the manufactured home destroyed or severely damaged in transit. If a manufactured home owner receives compensation pursuant to this subsection, he or she shall not be entitled to receive any insurance payment. 5. The Applicant shall ensure that the manufactured homes meet the requirements of the new park(s) in which they are relocated. The Applicant shall rehabilitate manufactured homes to enable them to be accepted into a new park within the City of Santa Clarita. C. Notwithstanding the above, if a manufactured home is illegal, as determined by the State of California, the Applicant will only be responsible for moving the manufactured home to a legal location for storage and the Applicant will not be responsible for the costs and mitigation measures in A.2, and A.3 and B of this section, even if the same are imposed as conditions by the Panel. The Applicant shall not be responsible for paying any storage costs for the illegal manufactured home. Notwithstanding the above, a manufactured home owner shall have 60 days notice pursuant to Section 6.04.050 to bring his or her manufactured home into compliance with applicable law. If the manufactured home comes into compliance with the applicable laws of the State of California, within the 60 -day period, then the home shall be considered legal for all purposes of this Chapter and shall be entitled to all rights accorded by this Chapter except, that when the Tentative Permit is granted, the owner shall not be accorded the.rights of a legal owner at that time. However, at the time of granting of this Final Permit, the Applicant must provide all of the relocation benefits set forth in Section 6.04.070 with respect to such manufactured homes. D. Notwithstanding the above, if a manufactured home includes illegal additions or structures, the Applicant shall not be responsible for the costs associated with tearing down, moving, or setting up the same at a new location. E. If a manufactured home owner locates his or her manufactured home in a park after notice has been given of a change in use which would affect the portion of the park in which the manufactured home would be located, the manufactured home owner shall not be entitled to any of the relocation benefits provided by this Chapter. If the proposed change of use does not take place or does not affect the manufactured home owner, then the manufactured home owner shall be eligible for all applicable relocation benefits for any subsequent change of use which affects that manufactured home owner. The manufactured home owner shall sign a written statement acknowledging that said owner is aware that a change of use has been proposed for the park. 6.04.080 Eligibility of Nonresident Owners for Relocation Mitigation Measures. If the manufactured home owner is a nonresident owner, then the manufactured home owner shall only be entitled to the relocation mitigation measures specified in Section 6.04.070, subsection B. as determined by the Panel as a condition to the Tentative Permit and not the relocation costs set forth in Section 6.04.070, subsection A. 6.04.090 Tentative Permit Following the hearing on the change of use, the Panel shall grant a Tentative Permit if it determines that all of the requirements of Sections 6.04.030, 6.04.040, 6.04.050 have been satisfied. 6.04.100 Notice To Residents Regarding Hearing on Final Permit. At least 30 days prior to the hearing before the Panel on the Final Permit, the Applicant shall provide notice to all residents and nonresident owners affected by the change in use. Such notice shall state the time, date, place and nature of the hearing and shall inform each resident that he or she has a right to appear to object to the failure to meet the requirements of this Chapter or the Tentative Permit with respect to his or her home's relocation.. The hearing shall not be held until the Applicant has satisfactorily verified to the City that all persons have received proper notification. 6.04.110 Notice After Public Hearing And City Approval. After the Tentative Permit is deemed final, the Applicant shall give residents and nonresident homeowners at least six month's written notice of termination of tenancy. The notice required by this Section 6.04.110 is deemed to satisfy the requirements of Civil Code Section 798.56(g)(2). 6.04.120 Final Permit, A. After notice is provided as required by Section 6.04.100 and a hearing held regarding compliance by the Applicant with the Tentative Permit, the Panel shall grant the Applicant a Final Permit when he or she has both: (1) substantially complied with the conditions of the Tentative Permit and (2) substantially complied with the requirements of Section 6.04.070 with respect to all manufactured homes which were illegal at the time that notice was provided pursuant to Section 6.04:050 but came into compliance with all laws within 60 days of such notice. B. The Applicant and a manufactured home owner may agree to a resolution different than that approved in the Tentative .Permit after the approval of the Tentative Permit, and compliance with said agreement by the Applicant shall constitute "substantial compliance" under this section with respect to matters relating to such manufactured home owner's home set forth in the Tentative Permit. The agreement shall include a copy of this Chapter as an attachment, together with a Statement that the homeowner is aware of his or her rights under this Chapter, and that he or she is recommended to consult with an attorney. Any such agreement which is procured by fraud or misrepresentation shall be null and void. C. Notwithstanding the above, the Final Permit shall not be issued if the Applicant has disturbed or caused to be disturbed the area and facilities of the park that are the subject of the application in anticipation of closure of the park to facilitate future development until the affected manufactured home owners receive fair and reasonable compensation for the inconvenience, resulting from such disturbance, as such compensation is determined by the Panel. The Panel shall make this determination at the hearing held pursuant to this Section 6.04.120. 6.04.130 meal From Imposition Of Conditions For Change of Use. The Applicant, residents and nonresident owners affected by the proposed change in use have fifteen days to appeal to the City Council either the Panel's decision to grant a Tentative Permit or the Panel's decision to grant a Final Permit. If no appeal is filed within fifteen days of either action, the Panel's decision on either the Tentative Permit or Final Permit, as the case may be, shall be deemed final. If an appeal is filed on either action, the City Council shall hear the appeal within 30 days. The City Council's decision shall be final as of the date it is rendered. 6.04.140 Park Bankruntcv. 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 Chance 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 a Final Permit 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, if 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 Plannine 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 subdivision of a manufactured home park or mobilehome park, the Planning Commission is not authorized to approve any tentative maps until the subdivider has obtained a Tentative Permit pursuant to Municipal Code Chapter 6.04." Further, the Planning Commission shall condition its approval of such a tentative map or parcel map on the granting of a Final Permit being granted to the park owner pursuant to Section 6.04.100. SECTION 4. This Chapter 6.04 shall be repealed exactly one year from the date it becomes effective unless reenacted by the City Council. SECTION 5. 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 invalidityshallnot 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 6. 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 , 1996. Mayor ATTEST: City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) § CITY OF SANTA CLARITA ) I, George Caravalho, City Manager/City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. 96-31 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the _ day of , 1996. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the _ day of 1996 by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk Counci1\ord96.31.rh