Lancaster Municipal Code Ch. 11.12 Mobilehome Park Conversion

Mobile Home owners make considerable investments in purchasing, maintaining, and improving their mobile homes, but must rent a space for the home in a mobile home park and cannot easily move the mobile home due to the high cost and risk of damage involved in moving a mobile home. 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 mobile home owners created by these facts, the State Mobile Home Residency Law, Civil Code Section 798, et seq. and Government Code Sections 65863.7 and 66427.4, limit the grounds on which mobile home owners may be evicted from a mobile home park, protect their right to sell their mobile homes in place in a mobile home park and authorizes local jurisdictions to impose reasonable measures to mitigate the adverse impacts on displaced mobile home owners when a mobile home 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 mobile home parks, determining reasonable mitigation measures and protecting residents from tactics such as intimidation, designed to pressure mobile home owners to relocate without receiving assistance pursuant to this chapter. Without such assistance mobile home 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. 879 § 1 (part), 2007)

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

"Applicant" means a person or entity who has filed an application for change of use of a mobile home park.

"Change of use" means and includes all activities specified in Section 798.10 of the California Civil Code and 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 mobile home park or part thereof. "Change of use" 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 facts to the mobile home to which comparison is being made.

"Comparable mobile home park" means a mobile home 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 planning of the city.

"Eligible mobile home resident" or "eligible resident" means a mobile home resident whose mobile home was located in a mobile home 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 mobile home on the date of the application.

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

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

"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 Los Angeles Standard Metropolitan Statistical Area ("SMSA") as adjusted for household size.

"Mobile Home" has the same meaning set forth in Section 798.3 of the California Civil Code.

"Mobile Home owner" means the registered owner or registered owners of a mobile home, regardless of the number if such owners or the form of such ownership.

"Mobile Home park" or "park" has the same meaning set forth in Section 11.08.020 of this code.

"Mobile Home park owner" or "park owner" means the person, persons or entity that owns a mobile home park and includes any person authorized by the park owner to seek approval of an application for change of use or respond to a rent review petition filed pursuant to this chapter.

"Mobile Home resident" or "resident" means a mobile home owner who resides in the mobile home he or she owns. Resident includes the mobile home owner's spouse, parents, children and grandchildren who reside in the mobile home.

"Mobile Home tenant" or "tenant" means a person who occupies a mobile home within a mobile home park pursuant to a bona fide lease or rental agreement and who, during his or her tenancy, was not the owner of that mobile home.

(Ord. 879 § 1 (part), 2007)

A. Prior to a change of use of a mobile home 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. No oral or written announcement or notice that a mobile home park is closing or changing the use of a mobile home park, or will be applying to do so, may be made by any mobile home park owner, or any person or entity acting on behalf of a mobile home park or mobile home park owner, before an application for change of use has been filed pursuant to this chapter. 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 new use;

2. A timetable for conversion of the park;

3. A legal description of the park;

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

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

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

7. The total number of mobile home residents, broken down space by space to identify owner or renter occupancy, principal or second home occupancy, residents under sixteen (16) years of age, residents sixty (60) years of age or over, residents who are handicapped, any remaining mortgage and its terms, the purchase date and price paid by the mobile home owner, the cost incurred by the mobile home 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 by the director 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, mobile home tenant, mobile home resident, resident mobile home owner and legal owner of a mobile home in the park;

9. The purchase price of condominiums similar in size to the mobile homes within a reasonable distance, and the rental rates and moving costs involved in moving to an apartment or other rental unit within a reasonable distance, 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 mobile home parks within a fifty (50) mile radius of the applicant's mobile home park. For each comparable park, the list shall state the criteria of that park for accepting relocated mobile homes, rental rates and the name, address and telephone number of the park representative having authority to accept relocated homes, including any written commitments from mobile home park owners willing to accept displaced mobile homes;

11. Estimates from two moving companies as to the minimum and per mile cost of moving each mobile home, including tear-down and setup of mobile homes and moving improvements such as porches, carports, patios, and other movable 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 conversion upon the mobile home 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. 879 § 1 (part), 2007)

When an application for change of use of a mobile home park has been filed with the director, the applicant shall give notice to all existing tenants of the subject park, and all prospective mobile home purchasers and prospective mobile home tenants 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 chapter. The park owner shall obtain a signed acknowledgment of receipt of such notice from each tenant and prospective purchaser or tenant and file it with the director. Provided all requirements of Section 798.80 of the California Civil Code or successor statute have been complied with, tenants of the mobile home park shall have the right of first refusal to purchase the mobile home park prior to its sale to some other individual or entity.

(Ord. 879 § 1 (part), 2007)

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 thirty (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 11.12.030(B)(6) of this chapter, but the application shall not be deemed complete until that information has been supplied by the applicant. If the applicant fails to provide the information required by Section 11.12.030(B)(6) of this chapter within one hundred twenty (120) days of filing the application, the application shall be deemed withdrawn.

B. An application for exemption from the requirements of Section 65863.7 of the California Government Code shall specify whether it is for a partial or complete exemption and shall provide documentary evidence of the qualification for any exemption allowed by Section 65863.7 of the California Government Code. The application shall contain the information required in Section 11.12.030(B) of this chapter except that it need not provide the information required by Sections 11.12.030(B)(6), 11.12.030(B)(9), and/or 11.12.030(B)(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.

C. Not less than thirty (30) days prior to the scheduled public hearing before the planning commission, the park owner shall, by certified mail or personal delivery, transmit to the registered land legal owner of each mobile home occupying a site within a mobile home 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.

D. Not less than fifteen (15) 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 California Government Code Section 65863.7, et seq. The form and manner of such verification shall be subject to approval by the city attorney.

E. 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 planning commission shall render its findings and recommendation to the city council by resolution within ninety-five (95) days of the date the application and RIR were accepted as complete. In rendering its advisory decision, the planning commission shall 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 mobile home to a new site, including tear-down and setup of mobile homes, including, but not limited to, movable improvements such as patios, carports and porches;

2. Payment of a lump sum based on consideration of the fair market value of any permanent improvement, fixture or any other improvement that is not capable of being moved to a new site;

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

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

5. For residents whose mobile home cannot be relocated to a comparable park within a fifty (50) mile radius of the closing mobile home park, payment of a lump sum based upon consideration of the value of the mobile home, including resident improvements (i.e., landscaping, porches, carports, etc.), any mortgage obligations of the resident on the mobile home, and the costs of purchasing a mobile home on-site in a comparable park or acquiring other comparable replacement housing;

6. Provision of a replacement space within a reasonable distance of the closing mobile home park;

7. Provision, at no cost to each eligible resident, of a reasonably complete and current list of vacant and available mobile home park spaces or mobile homes, as the case may be, within a thirty (30) mile radius of the park;

8. A reasonable and good faith effort to assure that qualified residents without cars are driven, at no cost to the qualified resident, and residents with cars are assisted, in order to inspect replacement spaces or homes, as the case may be;

9. Provision of an ambulance or similar vehicle, at no cost to the qualified resident, to assists any disabled or handicapped mobile home resident with relocation-related activity;

10. Any other payment, provision or measure that the planning commission finds will mitigate the adverse impacts on eligible residents displaced by the change of use;

11. Notwithstanding any other provision in this chapter, the total of the mitigation measures required shall be subject to and shall not exceed the limitation in Section 65863.7 of the California Government Code, which provides: "the steps taken to mitigate shall not exceed the reasonable costs of relocation";

12. Notwithstanding any other provision of this section, if the mobile home 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 California Government Code Section 65863.7(f)).

F. 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 within forty-five (45) 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 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 (80) days of the date of the planning commission resolution.

3. The city council shall impose reasonable measures not exceeding the reasonable costs of relocation to mitigate the adverse impacts of the change in use on eligible mobile home residents pursuant to subsection E of this section. The decision of the city council shall be final. Pursuant to Section 1094.6 of the California Code of Civil Procedure, the statute of limitations for bringing a judicial challenge to any decision concerning a change of use of a mobile home park shall be ninety (90) days and notice of the city's decision to the applicant, park owner, and affected residents shall include notice that the ninety (90) day statute of limitations in Section 1094.6 is applicable.

(Ord. 879 § 1 (part), 2007)

A. No notice or other announcement that a park is closing, or converting to another use, or may close or convert to another use, may be made before the park owner has filed an application for change of use with the city. No signs may be posted on or adjacent to the park property indicating that the park is closed or converted to another use until the application and RIR has been approved and the park owner has executed and filed with the director a written acceptance of the mitigation requirements imposed on the change in use pursuant to this chapter.

B. Any eligible resident who relocates 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.

C. Each park owner shall send a copy of this chapter to each existing and new resident of the park by certified mail or personal delivery. Each park owner shall maintain records and/or evidence demonstrating compliance with this subsection and shall surrender such records and/or evidence to the city of Lancaster upon written request.

D. No prospective mobile home resident who enters escrow to purchase a mobile home in a park prior to the date an application for change of use is filed and no existing mobile home resident may be required to sign a waiver, or a lease or rental agreement which includes a waiver, of their rights in this chapter. Any waiver of rights under this chapter by such a mobile home 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. 879 § 1 (part), 2007)

A. The applicant shall execute and record a certificate, and file proof thereof with the director, accepting the mitigation measures imposed on the approval of a change of use within ninety (90) 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 California Civil Code within one hundred twenty (120) 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 (90) 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 one hundred twenty (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 mobile home park, unless otherwise provided in the mitigation measure. No eligible resident shall be required to vacate a mobile home 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 Mobile Home Residency Law relating to "Termination of Tenancy."

B. No building permit shall be issued for the development of any real property which has been, or is being, converted from a mobile home park pursuant to this chapter unless and until the city has adopted a resolution approving the change of use and the park owner has fully complied with the reasonable mitigation measures required by that resolution.

(Ord. 879 § 1 (part), 2007)

A. Modification.

1. After a change of use has been approved and after the applicant has executed and recorded 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 upon the filing of a written application by the applicant. 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 11.12.050 and 11.12.060. 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 chapter 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 by the park and shall set a hearing before the city council to consider the revocation not sooner than forty-five (45) and not later than sixty (60) 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 must be filed at least twenty (20) 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 (90) days after the initiating revocation proceedings.

(Ord. 879 § 1 (part), 2007)

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 11.12.070 and relocation pursuant to the conditions of approval has not occurred within twelve (12) 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 city 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 11.12.080(B).

(Ord. 879 § 1 (part), 2007)

A. The city council may bring a civil action to enforce the terms of this chapter 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 ($1,000.00). 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. 879 § 1 (part), 2007)

In the event the provisions of this chapter conflict with any code, ordinance or regulation of the city, the provisions of this chapter shall govern. In the event any provisions of this chapter conflict with a provision of state law, this chapter shall be interpreted and applied in conformity with state law.

(Ord. 879 § 1 (part), 2007)

If any part of this chapter is held invalid, or the application of such to any person or circumstance is held invalid, the remainder of the chapter, including the application of such part or provision to other persons or circumstanced, shall not be effected and shall continue in full force and effect. To this end, the provisions of this chapter are severable.

(Ord. 879 § 1 (part), 2007)