La Verne Municipal Code Ch. 9.18 Mobile Home Park Relocation Impact Reports

For the purposes of this chapter, any closure of a mobile home park or trailer park or any part thereof or any change of the park's status to a vacant use, including the reduction in occupancy of such park by twenty-five percent or more, shall be deemed to be a conversion of the park.

Prior to the conversion of a mobile home park or trailer park or any part thereof to any other use or to a vacant use, the person or entity proposing such conversion (referred to in this chapter as "owner") shall file and obtain the approval of a relocation impact report (referred to in this chapter as "RIR") in accordance with the provisions contained in this chapter. This chapter shall apply to a mobile home park owner, operator, or master tenant with like effect, and the owner shall comply with the terms hereof, without regard to the nature of the tenancy.

Unless an RIR has been approved by the city and a certificate of acceptance has been recorded, no mobile home park owner shall do any of the following:

A. Perform a mobile home park conversion.

B. Display a sign announcing that the mobile home park is closing, may be closing or has been closed, unless the sign discloses that city approval is required and has not been secured.

C. Display a sign announcing a new use for the mobile home park property.

(Ord. 1083 § 1, 2018; Ord. 1084 § 1, 2018)

A. Prior to filing an RIR for city approval, an owner shall distribute a pre-conversion questionnaire to affected mobile home owners and residents. The owner shall afford affected mobile home owners and residents no less than thirty days to complete the pre-conversion questionnaire.

B. The rent arbitration administrator (as defined in Chapter 9.16 of this code, and abbreviated as "RAA") shall promulgate a pre-conversion questionnaire for use by owners. At a minimum, the pre-conversion questionnaire shall include provisions for declaration of the following:

1. The purchase date and purchase price of the mobile home.

2. The amount and terms of any outstanding mortgage obligation for the mobile home.

3. Any mobile home improvements that have been paid for by the respondent and the costs of such improvements.

4. Any circumstances, including, but not limited to, job location, that restrict potential relocation areas.

(Ord. 1083 § 1, 2018)

An RIR shall be filed by the owner and be approved by the city council ("council") prior to the giving of the written notice of change in use of a mobile home park or trailer park or any portion thereof required by subsection (g) of Section 798.56 of the Civil Code of the state. The RIR shall constitute an application for a permit requesting a change of use within the meaning of subsection (2) of subsection (g) of said Section 798.56.

If an owner files a tentative tract or parcel map for a subdivision to be created upon the conversion of a mobile home park or trailer park to another use prior to giving the written notice under subsection (g) of said Section 798.56, then the RIR shall be filed concurrently with the filing of the map. If the written notice of change in use has been given to the tenants prior to adoption of the ordinance codified in this section, the RIR shall be submitted not later than ninety days after the effective date hereof.

(Ord. 1083 § 1, 2018)

The RIR shall contain the following:

A. A description of the proposed new use;

B. A timetable for the conversion of the park;

C. A legal description of the park;

D. The purchase price paid by the owner to acquire the park;

E. The current sale value of the park property as a mobile home park and as all other uses permitted by the zoning designation of the property;

F. Any offers to sell or purchase the park;

G. The number of spaces in the park, the length of occupancy by the current occupant of each space, and the current rental rate for each space;

H. The manufacture date, size, length of occupancy and the appraised on-site fair market value of each mobile home in the mobile home park. "Fair market value" shall be determined assuming the continuation of the park in a safe, sanitary and well-maintained condition. The appraisal shall be performed by an appraiser selected by the RAA and the cost shall be borne by the applicant. The owner shall pay all costs and expenses associated with the appraisal, including any appraisal fees;

I. The number of residents per space in the park, the number under sixteen years of age, the number sixty years of age or over, the number who are disabled, and whether the mobile home constitutes such person's primary place of residence;

J. Name and mailing address of each absentee owner having a mobile home in the mobile home park;

K. Name and mailing address of each lender having an interest in a mobile home in the park;

L. The name and mailing address of each tenant;

M. A list of known available spaces within fifty miles of the mobile home park, including any written commitments from mobile home park owners or other property owners willing to accept displaced tenants;

N. Estimates from two moving companies, chosen by the owner with the RAA's approval, as to the per mile cost of moving coaches of various sizes, including the tear-down and set-up of coaches;

O. Estimates from two temporary lodging facilities, chosen by the owner with the RAA's approval, as to the cost of providing temporary lodging for resident owners and resident tenants who are unable to complete relocation within one day;

P. Completed pre-conversion questionnaires;

Q. Information as to whether tenants have been offered the option of a long-term lease of the land and purchase of the improvements if the park is to be sold;

R. An owner shall afford affected mobile home owners and residents a right of first refusal to purchase, lease or rent housing that is constructed for sale, lease or rental on the site of the mobile home park proposed to be converted; and

S. Proposed measures to mitigate the adverse impacts of the conversion upon the park residents.

(Ord. 1083 § 1, 2018; Ord. 1084 § 1, 2018)

The RIR shall be accompanied by a fee sufficient to cover the cost of mailing notice to all persons entitled to notice hereunder, as determined by the RAA. Upon the filing of an RIR, the RAA shall examine the RIR and advise the owner within thirty days after the receipt thereof whether it is complete. When a complete RIR has been filed, it shall be accepted by the RAA and the RAA shall set a time, date and place for the review of the RIR by the council not later than thirty days after the date of acceptance. The RAA shall mail a copy of the RIR to all tenants of the mobile home park or trailer park and shall give notice by first-class mail or personal delivery to the owner and the tenants of the date, time and place of the hearing at least fifteen days prior thereto. The notice shall also contain a general explanation of the matters to be considered by the council. The RAA may give such additional notice as the council deems necessary or desirable.

(Ord. 1083 § 1, 2018)

A. Upon the review of the RIR and consideration of the written and oral evidence received at the hearing, the city council, by resolution, shall render its decision. The council shall approve the RIR if the council is able to make an affirmative finding that adequate measures have been provided in an effort to mitigate the financial and other adverse impacts of the conversion on the ability of the park residents to be displaced to find alternative housing, and that the conversion or closure of all or part of the mobile home park will not result in a significant decrease in the affordable housing stock in the community where the conversion or closure is proposed be taken. If the council does not make such findings and is unable to impose reasonable measures to mitigate the adverse impact, the council may disapprove the RIR. No other permit or approval shall be granted in furtherance of the proposed conversion, and no change of use shall occur until and unless an RIR has been approved.

B. In approving an RIR, the council may impose reasonable measures to mitigate the adverse impacts created by the conversion, which may include, but not be limited to, any of the following:

1. Provision for the payment of the cost or partial cost of physically moving the coach to a new site. The amount of such payment shall be based upon consideration of moving, tear-down and set-up costs. "Moving costs" include the cost of moving the mobile home and the cost of moving associated relocatable mobile home improvements. "Set-up costs" include the cost of connecting utilities at the replacement mobile home park and the cost of any upgrades required to comply with applicable laws;

2. For those tenants who move to apartments, provision of the first and last month's rent, plus the security deposit, not to exceed the fair market rents for new construction and substantial rehabilitation for the Los Angeles area as established by the United States Department of Housing and Urban Development together with moving costs. Mobile home households of one or two persons may be compensated based on a one bedroom apartment; households of three or more mobile home tenants may be compensated based on a two bedroom rental;

3. Provision of a replacement space within a fifty-mile radius of the mobile home park or trailer park, the owner to pay the difference in rent between the new and old space for a specified period of time;

4. For those tenants purchasing comparable housing, the amount of such payment shall be based upon consideration of: moving costs; down payment for the replacement housing; and differential between the rental rate at the mobile home park being converted and the mortgage payment for the replacement housing during the first year of relocation;

5. Postponement of the conversion for a reasonable period of time;

6. A requirement to purchase the coaches at fair market values, determined by an independent appraiser based on either the value of the coach sold in place, including improvements, yards and the like, or the market value, in either case, adjusting to remove any diminution in value as a consequence of existing rent controls;

7. A provision for setting aside a certain number of units if the park is to be converted to another residential use;

8. As deemed appropriate for preservation of the public health, safety and welfare, the RAA may require an owner to hire a relocation specialist to find alternate housing for affected mobile home owners and residents. The owner shall choose the relocation specialist with the RAA's approval. The owner shall pay all costs and expenses incurred by the relocation specialist;

9. A longer notification period allowing the owner to pay a smaller portion of the relocation costs, the amount of financial relocation to be determined by the amount of prior notification given;

10. Requirement of adequate measures to address the financial and other adverse impacts to the residents and/or owners of the displaced mobile homes have been taken; and

11. The conversion or closure of all or part of the mobile home park will not result in a significant decrease in the affordable housing stock in the community where the conversion or closure is proposed, and adequate mitigation measures will be taken by the park owner for all displaced residents.

C. The conditions imposed in connection with approval of an RIR shall not exceed the reasonable costs of relocation. Conditions shall only be imposed in order to ensure that the owner adequately mitigates adverse impacts of the mobile home park conversion on affected mobile home owners and residents. In imposing conditions, the city shall interpret and apply this chapter in a manner consistent with applicable law.

D. Tenants eligible for relocation benefits as mandated in an RIR shall not unreasonably refuse to accept relocation sites or benefits, and shall cooperate with the owner in the RIR preparation and relocation processes.

(Ord. 1083 § 1, 2018; Ord. 1084 § 1, 2018)

The decision of the council shall become effective and final seven days after the date of its action, unless an appeal is filed in accordance with Chapter 18.108 of this code.

(Ord. 1083 § 1, 2018)

After an RIR has been approved, the modification of the mitigation measures imposed, including additions or deletions, may be considered upon the filing of a written application by the owner or his or her authorized representative. Any such application for modification shall be subject to the hearing and notice procedures set forth in Section 9.18.040. The decision and any appeal in connection with a modification request shall take place as with the initial approval. A modification of the RIR may be granted upon a finding that the approved RIR or a change of circumstances has created a substantial hardship for the owner and that any such modification will not unreasonably prejudice the interests of the tenants.

(Ord. 1083 § 1, 2018)

All mitigation measures imposed in the approval of an RIR shall be fully performed as to each resident prior to or concurrently with such resident's required vacation of the mobile home park or trailer park, unless otherwise provided in the mitigation measure. No resident shall be required to vacate a mobile home or trailer space unless the owner is in full compliance with all mitigation measures imposed pertaining to such resident and has otherwise fulfilled the notice requirements of the Civil Code of the state relating to "termination of tenancy."

(Ord. 1083 § 1, 2018)

A. A council-approved RIR shall become automatically null and void if the conversion of the mobile home park or trailer park has not occurred within eighteen months after the effective date of the RIR, unless extended as provided in subsection B of this section, or unless otherwise provided in the RIR or the resolution of approval of the RIR.

B. If the proposed closure of the park results from a change of use of the park requiring a discretionary local governmental permit or approval for which a hearing is required by law, including, but not limited to, a change of zone, conditional use, variance or coastal development permit, then the impact report shall not be filed until such discretionary approval has been obtained. The impact report shall be filed with the RAA and served on each resident of the mobile home park concurrently with service of the six months' notice described in Section 798.56 (f)(2) of the Civil Code.

C. If the change of use of the park does not require any of the discretionary approvals described in subsection B of this section, then the impact report shall be filed with the RAA and served on each resident of the mobile home park concurrently with service of the twelve months' notice described in Section 798.56 (f)(2) of the Civil Code.

EXCEPTION: If either the six months' notice or the twelve months' notice has been served on the residents of the mobile home park prior to the effective date of the ordinance codified in this section, then, with-in ninety days of said effective date, the impact report shall be served on all current residents and on all residents who have left the mobile home park since those notices were given, and filed with the RAA.

D. Proof of service of the impact report on the residents of the mobile home park must be provided to the RAA at the time of filing the impact report.

E. Upon an application by the owner filed with the RAA on or before the date of expiration of the RIR, an RIR may be extended by the city council if the council finds that the termination of the RIR would constitute an undue hardship to the owner and that the continuation of the RIR would not be detrimental or have any further adverse impact on the residents of the park. An application for an extension shall be subject to the hearing and notice procedures set forth in Section 9.18.040. In approving an extension, the council may subject the RIR to any additional mitigation measures deemed necessary to mitigate any adverse impacts resulting from the extension. Multiple extensions may be granted, but no one extension shall be issued for more than eighteen months.

(Ord. 1083 § 1, 2018)

A. Proceedings for the revocation of an RIR may be initiated by the city council or the RAA. Upon the initiation of a revocation, the council shall conduct a hearing with notice given in the same manner as set forth in Section 9.18.040, except that notice to the owner shall be by registered mail or summons. After the hearing, the council, by resolution, may revoke the RIR if any of the following findings is made:

1. Approval was obtained by fraud, deceit, or misrepresentation; or

2. The owner is not or has not been in compliance with the mitigation measures contained in the RIR or with the provisions of this chapter.

B. A revocation shall be effective fifteen days after the date of action by the council, unless an appeal is filed in accordance with Chapter 18.108.090 of this code.

C. Upon revocation, the owner shall not be entitled to convert or change the use of the park until such time as a new RIR is filed and accepted as complete by the RAA, a new written notice of change of use is given to park tenants, and a new RIR is approved by the council.

(Ord. 1083 § 1, 2018)