Big Bear Lake Municipal Code Ch. 15.72 Changes of Use of Mobilehome Parks

Mobilehome owners make considerable investments in purchasing, maintaining, and improving their mobilehomes, but must rent a space for the home in a mobilehome park and cannot easily move the mobilehome due to the high cost and risk of damage involved in moving a mobilehome. Further, park owners prefer to rent any vacant spaces to new homes and frequently refuse to rent a space to a homeowner wishing to relocate a home that is not new. In recognition of the unique situation and vulnerability of mobilehome owners created by these facts, the State Mobilehome Residency Law, Civil Code Section 798, et seq. and Government Code Sections 65863.7 and 66427.4, limit the grounds on which mobilehome owners may be evicted from a mobilehome park, protect their right to sell their mobilehomes in place in a mobilehome park and authorize local jurisdictions to impose reasonable measures to mitigate the adverse impacts on displaced mobilehome owners when a mobilehome park closes or converts to another use. Pursuant to these state laws, this chapter provides a procedure and standards for reviewing applications for change of use and closure of mobilehome parks, determining reasonable mitigation measures and protecting residents from tactics such as intimidation, designed to pressure mobilehome owners to relocate without receiving assistance pursuant to this chapter. Without such assistance mobilehome owners may lose the investment in their homes, which may be their only asset, and may not be able to relocate to decent, affordable housing.

(Ord. 2001-312 § 1 (part), 2001)

As used in this chapter, the following words and phrases shall have the following meanings:

"Applicant" means a person or entity that has filed an application for change of use of a mobilehome park.

"Change of use" includes all activities specified in Section 798.10 of the California Civil Code as such Code may now or hereafter exist, as well as amendments to the general plan or any applicable specific plan, rezoning of property, land use permits, such as a conditional use permit or a variance, tentative parcel or tentative tract maps, and building permits when they involve changing the use of or closing a mobilehome park or a part thereof. "Change of use" also includes closure of a park when no new use is planned.

"Comparable housing" means housing which is comparable in floor area, number of bedrooms, and amenities, proximity to public transportation, shopping, schools, employment opportunities and medical services and other relevant factors to the mobilehome to which comparison is being made.

"Comparable mobilehome park" means a mobilehome park substantially equal in terms of park condition, amenities, and other relevant factors, including, but not limited to, proximity to public transportation, shopping, medical services, employment opportunities and schools.

"Director" means the director of community development.

"Eligible mobilehome resident" or "eligible resident" means a homeowner or other person who lawfully occupies a mobilehome, as defined in Section 798.11 of the Civil Code and whose mobilehome was located in a mobilehome park on the date of an application for change of use. Eligible resident includes the spouse, parents, children and grandchildren of the eligible resident when those persons resided in the mobilehome on the date of the application.

"Homeowner" means a person who has a tenancy in a mobilehome park under a rental agreement as defined in Section 798.9 of the Civil Code.

"Legal owner" means any person or entity having an ownership interest in a mobilehome other than the registered owner, such as a lender or mortgagor.

"Management" means the owner of a mobilehome park or an agent or representative authorized to act on his behalf in connection with matters relating to the tenancy of the park as defined in Section 798.2 of the Civil Code.

"Mobilehome" has the meaning set forth in Section 798.3 of the California Civil Code.

"Mobilehome owner" means the registered owner or registered owners of a mobilehome, regardless of the number of such owners or the form of such ownership.

"Mobilehome park" or "park" has the meaning set forth in Section 798.6 of the Civil Code, as such code may now or hereafter exist.

"Mobilehome park owner" or "park owner" means the person, persons or entity that owns a mobilehome park and includes any person authorized by the park owner to seek approval of an application for change of use, pursuant to this chapter.

"Mobilehome tenant" or "tenant" is a person who occupies a mobilehome within a mobilehome park pursuant to a bona fide lease or rental agreement and who, during his or her tenancy, was not the owner of that mobilehome.

"Handicapped mobilehome resident" means a mobilehome resident with any medically determinable physical or mental impairment as demonstrated by a finding of a state or federal agency or a medical certificate, or who requires special care facilities in the mobilehome or special care equipment, such as, but not limited to, a wheelchair.

"Low income" means an income of eighty percent or less of current median income as established annually by the United States Department of Housing and Urban Development ("HUD") for the San Bernardino Standard Metropolitan Statistical Area (SMSA) as adjusted for household size, or equivalent.

(Ord. 2001-312 § 1 (part), 2001)

A. Prior to a change of use of a mobilehome park, an application therefore and a relocation impact report (RIR) complying with the requirements of this chapter must be filed with the director. No application shall be deemed complete or processed for consideration and approval until an application and RIR meeting all the requirements of this Chapter have been filed. The city council, by resolution, may impose a fee for review of the application and RIR.

B. The RIR shall contain the following information:

1. A description of any proposed change of use;

2. A timetable for the change of use of the park;

3. A legal description of the park;

4. The number of spaces in the park, length of occupancy by the current resident and mobilehome owner of each space, and current rental rate for each space;

5. The date of manufacture and size of each mobilehome by space;

6. Appraisals of the on-site value, depreciated replacement value and removal value of the mobilehome of each eligible resident in the park. A qualified appraiser shall be selected by the city and the cost of the appraisals shall be borne by the applicant. The appraisals shall identify those mobilehomes which cannot be moved due to type, age or other considerations;

7. The total number of mobilehome residents, broken down space by space to identify owner or renter occupancy, principal or second home occupancy, residents under sixteen years of age, residents sixty years of age or over, residents who are handicapped, any remaining mortgage and its terms, the purchase date and price paid by the mobilehome owner, the cost incurred by the mobilehome owner in improving the home and the amount and terms of any remaining mortgage. This information shall be provided on a questionnaire developed by the director and sent to the residents and mobilehome owners by the director, within sixty days of the filing of an application pursuant to subsection A of this section who shall use the information in evaluating the application and any appropriate relocation assistance, provided, however, that the questionnaires shall remain confidential and that, to the extent possible, the Director shall maintain the confidentiality of the personal financial information contained in the questionnaire.

8. The name and mailing address of each eligible resident, mobilehome tenant, mobilehome resident, resident mobilehome owner and legal owner of a mobilehome in the park.

9. The purchase price of condominiums similar in size to the mobilehomes within a fifty-mile radius of the applicant's mobilehome park, and the rental rates and moving costs involved in moving to an apartment or other rental unit within a fifty-mile radius of the applicant's mobilehome park, including but not limited to, fees charged by moving companies and any requirement for payment of the first and last month's rent and security deposits.

10. A list of comparable mobilehome parks within a fifty-mile radius of the applicant's mobilehome park. For each comparable park, the list shall state the criteria of that park for accepting relocated mobilehomes, rental rates and the name, address and telephone number of the park representative having authority to accept relocated homes, including any written commitments from mobilehome park owners willing to accept displaced mobilehomes.

11. Estimates from two moving companies as to the minimum and per mile cost of moving each mobilehome, including tear-down and setup of mobilehomes and moving of improvements such as porches, carports, patios, and other moveable amenities installed by the residents. Said moving companies shall be approved by the director prior to inclusion in the final RIR.

12. Proposed measures to mitigate the adverse impacts of the change of use upon the mobilehome park residents.

13. Identification of a relocation specialist to assist residents in finding relocation spaces and alternate housing. The specialist shall be selected by the applicant, subject to the city's approval, and shall be paid for by the applicant.

(Ord. 2001-312 § 1 (part), 2001)

When an application for change of use of a mobilehome park has been filed with the director, the applicant shall give notice to all existing residents of the subject park, and all prospective mobilehome purchasers and prospective mobilehome residents within the park, prior to commencement of escrow to purchase the home and execution of any rental agreement, that the application for change of use has been filed and that they may not be entitled to relocation assistance pursuant to this Section. The park owner shall obtain a signed acknowledgment of receipt of such notice from each resident and prospective purchaser or resident and file it with the director.

(Ord. 2001-312 § 1 (part), 2001)

A. Upon the filing of an application for change of use and RIR, or for exemption from the requirements of Government Code Section 65863.7, the Director shall examine the same and advise the applicant in writing within 30 days after receipt thereof whether it is complete. The application for a change of use and RIR shall be accepted for filing without the appraisals and confidential tenant information required by Section 15.72.030 (B)(6) and (7) of this chapter, but the application shall not be deemed complete until that information required by Section 15.72.030 (B)(6) and (7) has been supplied by the applicant. If the applicant fails to provide the information required by 15.72.030 (B)(6) within one hundred twenty days of filing the application, the application shall be deemed withdrawn. The director shall be responsible for obtaining the information in 15.72.030 (B)(7) as specified in this subsection.

Upon a determination by the director that an application is complete, the director shall forward the application to the planning commission which shall thereafter schedule a public hearing thereon, to be held no later than forty-five days following the date on which the application and RIR was accepted as complete.

An application for exemption from the requirements of Government Code Section 65863.7 shall specify whether it is for a partial or complete exemption and shall provide documentary evidence of the qualification for any exemption allowed by Government Code Section 65863.7. The application shall contain the information required in Section 15.72.030 (B) except that it need not provide the information required by Section 15.72.030 (B)(6), (9) and (12). Further, while the applicant must identify a qualified relocation specialist, the requirement that the services of the specialist be paid for by the applicant may be waived, by the city council upon granting of any exemption request.

B. Not less than thirty days prior to the scheduled public hearing before the planning commission, the park owner shall, by certified mail or personal delivery, transmit to the legal owner of each mobilehome occupying a site within the mobilehome park and to each resident a copy of the RIR and notice of the date, time and place of the public hearing on the application.

C. Not less than fifteen days prior to the scheduled public hearing before the planning commission on the RIR, the park owner shall file with the director a verification that he has complied with the requirements of this section pertaining to notices and transmittal of copies of the RIR and with all notice requirements in Government Code Section 65863.7, et seq. The form and manner of such verification shall be subject to approval by the city attorney.

D. Planning Commission Hearing, Findings and Advisory Decision. Upon review of an application for change of use or exemption and the RIR and consideration of the written and oral evidence received at the hearing, the commission shall render its findings on the adequacy of the RIR and recommendation to the city council by resolution within ninety-five days of the date the application and RIR were accepted as complete. In rendering its advisory decision, the commission may recommend reasonable measures not exceeding the reasonable costs of relocation to mitigate the adverse impacts on eligible residents displaced by the change of use, which may include, but are not limited to, the following:

1. Payment of the cost of physically moving the mobilehome to a new site, including tear-down and setup of mobilehomes, including, but not limited to, movable improvements such as patios, carports and porches;

2. Payment of a lump sum based on consideration of the first and last month's rent and any security deposit at the new mobilehome park;

3. Payment of a lump sum based on consideration of any differential between rental rates at the closing mobilehome park and the new mobilehome park during the first year of the new tenancy;

4. For residents whose mobilehome cannot reasonably be relocated to a comparable park within a fifty-mile radius of the closing mobilehome park, payment of a lump sum based upon consideration of the value of the mobilehome, including resident improvements (i.e., landscaping, porches, carports, etc.), any mortgage obligations of the resident on the mobilehome, and the costs of purchasing a comparable mobilehome on-site in a comparable park or acquiring other comparable replacement housing;

5. Provision of a replacement space within a fifty-mile radius of the applicant's mobilehome park of the closing mobilehome park, for a period of not less than six months;

6. Notwithstanding any other provision in this chapter, the total of the mitigation measures required shall not exceed the reasonable costs of relocation;

7. Notwithstanding any other provision of this chapter, if the mobilehome park closure or cessation in use is the result of an adjudication of bankruptcy, the park owner shall not be required to pay relocation assistance. (See Government Code Section 65863.7(f));

8. With respect to the planning commission's review and recommendation of an exemption, the planning commission shall make a positive recommendation to the city council, provided that the planning commission finds that no relocation assistance is necessary.

E. City Council Hearing, Findings and Decision.

1. The application for change of use and any application for exemption shall be set for hearing before the city council to be held within forty-five days of the date of the planning commission resolution recommending the mitigation measures to be imposed on the change of use of a park or exemption, pursuant to Government Code Section 65863.7, from the provision of relocation assistance;

2. The city council, after review and consideration of the application, the RIR and the written and oral evidence received at the hearing, shall by resolution render its findings and decision within eighty days of the date of the planning commission resolution. With respect to the city council's review and consideration of an exemption, the city council may approve an exemption provided that the city council finds that no relocation assistance is necessary;

3. The city council may impose reasonable measures not exceeding the reasonable costs of relocation to mitigate the impacts of the change of use on eligible mobilehome residents pursuant to Section 15.72.050 (D).

4. The decision of the city council shall be final. Pursuant to Code of Civil Procedure Section 1094.6, the statute of limitations for bringing a judicial challenge to any decision concerning a change of use of a mobilehome park shall be ninety days and notice of the city's decision to the applicant, park owner, and affected residents shall include notice that the ninety day statute of limitations in Section 1094.6 is applicable.

(Ord. 2001-312 § 1 (part), 2001)

A. Any eligible resident who relocates because of a proposed change of use and after an application for a change of use is filed shall be entitled to the relocation assistance imposed as a condition of the change of use even if that resident relocates before the final decision of the city council determining the required relocation assistance pursuant to this chapter.

B. Each park owner shall send a copy of this chapter and Civil Code Section 798.56 to each existing and new resident of the park by certified mail. Signed acknowledgment of receipt of such copy by each existing resident shall be filed with the director within thirty days of the effective date of the ordinance codified in this chapter or, in the case of new residents, within thirty days after the entering into a lease agreement. A signed acknowledgement of receipt of such copy by each existing resident shall be filed with the director within fifteen days of the date the new resident enters a rental agreement with a park or lawfully occupies a mobilehome in the park.

C. No prospective mobilehome resident who enters escrow to purchase a mobilehome in a park prior to the date an application for change of use is filed and no existing mobilehome resident may be required to sign a waiver, or a lease or rental agreement which includes a waiver, of their rights under this chapter. Any waiver of rights under this chapter by such a mobilehome resident shall be deemed invalid unless the resident or prospective resident and the park owner obtain the prior approval of the waiver from the director, who may grant such approval only upon a finding that the waiver is voluntary and was made after being fully informed of the terms of this chapter.

(Ord. 2001-312 § 1 (part), 2001)

A. The applicant shall execute a certificate, and file proof thereof with the director, accepting the mitigation measures imposed on the approval of a change of use within ninety days of the final resolution approving the change of use and shall give the six month notice of the "Termination of Tenancy" and closure of the park required by the Civil Code within one hundred twenty days of the adoption of that resolution. A resolution approving a change of use shall automatically become null and void if the certificate accepting the conditions is not filed and executed within ninety days of the date of the final resolution approving the change of use and the notice of "Termination of Tenancy" has not been given within 120 days of that resolution. All mitigation measures imposed on the approval of a change of use shall be fully performed as to each resident prior to that resident's required vacation of the mobilehome park, unless otherwise provided in the mitigation measure. No eligible resident shall be required to vacate a mobilehome space unless the applicant is in full compliance with all mitigation measures imposed pertaining to such resident, and has otherwise fulfilled the notice requirements of the California Mobilehome Residency Law relating to "Termination of Tenancy".

B. No building permit shall be issued for the development of any real property which has undergone or is undergoing a change of use pursuant to this chapter unless and until the city council has adopted a resolution approving the change of use and the park owner has fully complied with applicable laws including the relocation assistance required by that resolution. Ord. 2001-312 § 1 (part), 2001)

A. Modification.

1. After a change of use has been approved by Section 15.72.070 (B) and after the applicant has executed and filed a certificate of acceptance of the conditions of the resolution approving it, modification of the mitigation measures imposed, including additions and deletions, may be considered in the manner established in Section 15.72.050, upon the filing of a written application by the applicant with the director. Modification may be granted on the grounds that there has been a change in circumstances or new information, which could not reasonably have been known or considered at the time of the hearings on the application, has become available. Examples of such new information or changed circumstances include, but are not limited to, revised plans by the applicant and a change in the availability of relocation spaces. Modification shall not be granted when it would unreasonably prejudice the ability of the residents to relocate to comparable spaces or comparable alternate housing.

2. Any application for modification shall be subject to the notice and hearing procedures set forth in Sections 15.72.050 and 15.72.060. The decision in connection with a modification request shall take place as with the initial approval.

B. Revocation.

1. The city council may by resolution initiate revocation proceedings on the grounds that the park owner or applicant has violated the provisions of this section or the terms of the resolution approving the change of use. The resolution shall specify the grounds asserted for revocation of the approval of the change of use of the park and shall set a hearing before the city council to consider the revocation not sooner than forty-five and not later than sixty days after the date of the resolution.

2. A copy of the resolution shall be sent to the park owner by certified mail or personal delivery together with notice that any response by the park owner must be filed with the city clerk at least twenty days prior to the date set for the revocation hearing.

3. The city council shall render its findings and decision concerning revocation by resolution within ninety days after initiating revocation proceedings.

(Ord. 2001-312 § 1 (part), 2001)

A. Approval of a change of use shall become null and void if the notice of "Termination of Tenancy" has not been given within the time provided in Section 15.72.070 and relocation pursuant to the conditions of approval has not occurred within twelve months of the effective date of the resolution approving the change of use, unless otherwise extended as provided in subsection B of this section or unless otherwise provided in the resolution approving it.

B. Upon application by the park owner filed with the director on or before the time provided for giving the notice of termination or the expiration of the approval of the change of use, the date for giving notice and the approval may be extended by the city council upon a showing of good cause. The request may be denied if the council finds that the park owner has unreasonably delayed implementation of the mitigation measures or that further delay will result in prejudice or further adverse impacts upon eligible residents remaining in the park. Approval of an extension may be conditioned on reasonable measures designed to mitigate the adverse impacts resulting from the delay. The application for extension shall be subject to the notice and hearing procedures set forth in Section 15.72.080 (A).

(Ord. 2001-312 § 1 (part), 2001)

A. The City may bring a civil action to enforce the terms of this Section or the terms of a resolution approving a change of use.

B. A violation of this chapter or of the terms of a resolution approving a change of use shall be a misdemeanor punishable by a fine of one thousand dollars. Each violation of a section or subsection of this chapter shall be a separate violation, each violation of each term of such resolution as to a particular eligible resident shall be a separate violation and each continued day of violation after notice of violation has been given shall constitute a separate violation.

(Ord. 2001-312 § 1 (part), 2001)