43.40.

PROCEDURES FOR CONVERSION, CLOSURE OR CESSATION OF USE OF MOBILE HOME PARKS (Ord. No. 2836, 09/20/2007)

• 43.41 Purpose: The purpose of the Mobile Home Park Conversion procedure is to ensure that any conversion of these parks to other uses is preceded by adequate notice, that the social and fiscal impacts of the proposed conversion are adequately defined prior to consideration of a proposed conversion, and that relocation and other assistance is

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provided to park residents when warranted, consistent with the provisions of this ordinance and the California Government Code, Section 65863.7 and 66427.4.

• 43.42 Applicability: The regulations of this Article shall apply to conversion, closure or cessation of use of all mobile home parks permitted by this Chapter.

• 43.43 Vacancy Rate in Excess of 20% - Notice Required . The following shall apply when any mobile home park in the County has a vacancy rate of 20% or greater of the total number of spaces in existence in the mobile home park.

  • a) Whenever twenty (20%) percent or more of the total number of mobile home sites or mobile homes at a mobile home park are vacant or otherwise uninhabited and such situation was not caused by physical disaster, including but not limited to fire, flood, storm, earthquake, landslide, or by another natural condition beyond the control of the owner or operator of the mobile home park, the owner or operator of the park shall file with the Community Development Director a written notice informing the County of the current vacancy rate at the park. For purposes of this Chapter, a mobile home site is "uninhabited" or "vacant" when it is either:

    1. Unoccupied by a mobile home, or

    2. Occupied by a mobile home in which no persons reside.

  3. A mobile home shall not be considered vacant for purposes of this Chapter if rent is being paid pursuant to a bona fide rental or lease agreement and the mobile home is merely unoccupied.

  • b) The written notice to the Community Development Director from the owner or operator of the mobile home park shall clearly state any known reasons for the vacancy rate to be in excess of 20% and whether or not the property owner intends in the immediate future to convert the mobile home park to another use.

  • c) If it is determined that the owner of the mobile home park intends to apply for a conversion of the mobile home park to another use, the Community Development Director shall immediately inform the property owner of the requirements of this Chapter.

• 43.44 Application requirements: The conversion of an existing mobile home park to another use shall require a use permit to be reviewed and approved by the Planning Commission pursuant to Article 51 of this Chapter. An application for such permit shall include the following and such other information as may be required by the Community Development Department:

  • a) A general description of the proposed use to which the mobile home park is to be converted, including a narrative and site plan.

  • b) The proposed timetable for implementation of the conversion and development of the site.

• c) A report on the impact of the conversion of the mobile home park on its residents and a disposition/relocation plan addressing the availability of replacement housing for existing residents of the mobile home park consistent with Section 65863.7 of the California Government Code. The conversion impact report shall include the following information:

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1. Detailed description of the mobile home spaces within the mobile home park, including but not limited to:

   • i. The total number of mobile home spaces in the park and the number of spaces occupied;

   • ii. The length of time each space has been occupied by the present resident(s) thereof;

   • iii. The age, size, and type of mobile home occupying each space;

   • iv. The monthly rent currently charged for each space, including any utilities or other costs paid by the present resident(s) thereof to the park owner;

   • v. Name and mailing address of the primary resident(s) of each mobile home within the mobile home park in a paper or electronic format acceptable to the Community Development Department

2. A list of all comparable mobile home parks within the County of Lake. This list shall include the number of spaces and vacancies, a schedule of rents, and the criteria for acceptance of new tenants and mobile homes.

3. An analysis of the economic impact of the relocation on each resident including the estimated costs of moving a mobile home and personal property to a comparable mobile home park.

4. A relocation plan for which the applicant agrees to pay all reasonable moving expenses to a comparable mobile home park within Lake County to any mobile home resident who relocates from the park after County approval of the Use Permit authorizing conversion of the park. The reasonable cost of relocation and moving expenses shall include the cost of relocating a displaced homeowner’s mobile home, accessories, and possessions, including the costs for disassembly, removal, transportation, and reinstallation of the mobile home and accessories at the new site, and replacement or reconstruction of the blocks, skirting, siding, porches, decks, awnings, storage sheds, cabanas, or earthquake bracing if necessitated by the relocation; indemnification for any damage to personal property of the resident caused by the relocation, reasonable living expenses of displaced park residents from the date of actual displacement to the date of occupancy at the new site; payment of any security deposit required at the new site; and the reasonable difference (up to 25%) between the rent paid in the existing park and any higher rent at the new site for the first twelve (12) months of the relocated tenancy. Relocation assistance shall not exceed the in-place value of a unit. When any resident has given notice of his intent to move prior to County approval of the Use Permit, eligibility to receive moving expenses shall be forfeited.

5. If the Planning Commission determines that a particular mobile home cannot be relocated to a comparable mobile home park within the County of Lake, and the mobile home owner has elected to sell his or her mobile home, the relocation plan shall identify those mobile homes, the reasons why the mobile homes cannot be relocated as provided for in Section 43.44 (c)4, then the Planning Commission shall, as a part of the reasonable cost of relocation as provided for in Government Code Section 65863.7(e) require the applicant to provide for purchasing the mobile home of a displaced home owner at its in-place market value. Such value shall be

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determined after consideration of relevant factors, including the value of the mobile home in its current location including the blocks and any skirting, siding, porches, decks, storage sheds, cabanas, and awnings, and assuming the continuation of the mobile home park in a safe, sanitary, and well maintained condition, and not considering the affect of the change of use on the value of the mobile home. If a dispute arises as to the in-place value of a mobile home, the applicant and the homeowner shall have appraisals prepared by separate, or mutually agreed upon, qualified MAI appraisers with experience in establishing the value of mobile homes. The Planning Commission shall determine the in-place value based upon the average of the appraisals submitted by the applicant and mobile home owner.

• d) Upon filing an application for a Use Permit for conversion, the Community Development Director shall inform the applicant of the requirements of Civil Code Section 798.56 and Government Code 65863.8 regarding notification of the mobile home park residents concerning the proposed conversion. The Community Development Director shall specify in writing to the applicant the information that must be submitted in order to adequately notify all existing residents as required by the California Government Code, the California Civil Code, and this Chapter.

• e) No Increase in Rent. A resident's rent shall not be increased within two (2) months prior to filing an application for conversion of a mobile home park, nor shall the rent be increased an amount greater than the Consumer Price Index for one (1) year from the date of filing of the conversion application or until relocation takes place, whichever is later.

• 43.45 Required Findings: The Planning Commission may approve a permit for a mobile home park conversion if it finds that the proposed conversion meets the following requirements, in addition to the requirements of Section 21-51.

  • a) That the proposed use of the property is consistent with the General Plan or any community plan, and all applicable provisions of this ordinance are met;

• b) That the residents of the mobile home park have been adequately notified of the proposed conversion, including information pertaining to the anticipated timing of the proposed conversion.

  • c) That there exists land zoned for new or replacement comparable mobile home parks or adequate space is available in other comparable mobile home parks within the County of Lake for the residents who will be displaced.

  • d) That the conversion will not result in the displacement of any residents without other acceptable options to mitigate loss of housing.

  • e) That the age, type, size, and style of mobile homes to be displaced as a result of the conversion will be able to be relocated into other comparable mobile home parks within the County of Lake or that the applicant has agreed to purchase any mobile home that cannot be relocated at its in-place value as provided for in this Chapter.

  • f) That if the mobile home park is to be converted to another residential use, the mobile home residents to be displaced shall be provided the right of first refusal to purchase, lease, rent, or otherwise obtain residency in the replacement dwelling units, and the

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construction schedule for such replacement dwelling units shall not result in a displacement of unreasonable length for those mobile home residents electing to relocate in these replacement units;

• g) That any mobile home residents displaced as a result of the conversion shall be compensated by the applicant for all reasonable costs incurred as a result of their relocation; and

• h) That the relocation plan mitigates the impacts of the displacement of individuals or households for a reasonable transition period and mitigates the impacts of any longterm displacement.

• 43.46 Conditions of Approval: Consistent with Section 21-51, the Planning Commission shall impose the following conditions of approval for a use permit for a mobile home park conversion, in addition to any other conditions:

  • a) The applicant shall implement a relocation plan that shall make adequate provisions for the relocation of all mobile homes and mobile home residents to be displaced as a result of the conversion. Such plan shall include provisions to relocate such mobile homes and mobile home residents in comparable mobile home parks within the County of Lake. A replacement mobile home park shall be deemed comparable if it provides substantially equivalent park facilities and amenities, space rental and fees, and location, i.e., proximity to public transportation, medical and dental centers, shopping facilities, recreation facilities, religious and social facilities, etc.

  • b) The applicant shall bear all reasonable costs of relocating mobile homes and mobile home residents displaced by the conversion. Such costs shall include, but not be limited to: the cost of moving the mobile home to its new location; the cost of necessary permits, installations, landscaping, site preparation at the mobile home's new location; the cost of moving personal property; and the cost of temporary housing, if any. Such costs may also include the cost of in place value of mobile homes which can not be relocated, pursuant to section 43.44(c)(5) or establishing a new mobile home park for the relocation of displaced mobile homes.

  • c) The Planning Commission shall establish the date on which the permit for conversion will become effective. Such date shall not be less than one year from approval of the use permit, provided that conversion at an earlier date may be approved if the Commission receives a written petition requesting an earlier date signed by a majority of those persons residing in the subject mobile home park at the time of the public hearing to consider the conversion application. The effective date of the approval in such a case shall be the date set forth in the petition. Conversion at the earlier date may be approved only if the applicant has complied with all the provisions of an approved relocation plan and submitted evidence of such compliance to the Community Development Director.