Lomita Municipal Code Ch. 9 Mobilehome Park Conversions

This chapter is deemed necessary to implement the goals and policies of the housing element of the City of Lomita General Plan and is necessary to protect the existing housing stock and to protect the public health, safety and welfare.

(Ord. No. 394, § 1, 1-6-86)

Whenever any of the following terms are used in this chapter, each such term shall be deemed and construed to have the meaning ascribed to it as follows:

(a) Mobilehome: A structure transportable in one (1) or more sections, designed and equipped to contain not more than one (1) dwelling unit to be used with or without a foundation system. "Mobilehome" does not include a recreational vehicle, commercial coach, or factory-built housing as defined in California Health and Safety Code section 19971, but shall include a structure as above described which is less than three hundred twenty (320) square feet or eight (8) feet by forty (40) feet if such structure has been occupied as a primary residence for at least thirty-six (36) months prior to the closure of a mobilehome park.

(b) Mobilehome owner: The registered owner or registered owners of a mobilehome, regardless of the number of such owners and regardless of the form of such ownership.

(c) Mobilehome park: Any area or tract of land where two (2) or more mobilehome lots are rented or leased or held out for rent or lease, to accommodate mobilehomes used for human habitation.

(d) Park owner: The owner of a mobilehome park.

(Ord. No. 394, § 1, 1-6-86; Ord. No. 409, § 1, 11-17-86)

(a) For the purpose of this chapter, any closure of a mobilehome park or any part thereof or any change of the park's status to a vacant use or any cessation of use shall be deemed to be a conversion of the park.

(b) Prior to the conversion of a mobilehome park or any part thereof to any other use or to a vacant use, the park owner shall file and obtain approval or conditional approval of a relocation impact report (RIR) in accordance with the provisions of this chapter.

(Ord. No. 394, § 1, 1-6-86)

(a) An RIR shall be filed by the park owner and approved by the council prior to the giving of the written notice of change in use of a mobilehome park or any portion thereof as required by section 798.56(f) of the California Civil Code.

(b) If the park owner files a tentative tract or parcel map for a subdivision to be created upon the conversion of a mobilehome park or trailer park to another use prior to giving the written notice under section 798.56(f) of the California Civil Code, then the RIR shall be filed concurrently with the filing of the map.

(c) If the written notice of change in use required by section 798.56(f) has been given to a mobilehome owner prior to the adoption of this chapter, the RIR shall be submitted within thirty (30) days of the effective date of this chapter, and an additional notice pursuant to section 798.56(f) shall be given to each homeowner at the time of submission of the RIR.

(Ord. No. 394, § 1, 1-6-86)

(a) [Required:] The park owner shall submit the RIR in accordance with the procedures set forth herein. Failure to follow these procedures may result in the city's disapproval of the RIR.

(b) Filing: The park owner shall file three (3) copies of the reports with the city.

(c) Fee: At the time of submitting the RIR, the park owner shall pay a nonrefundable fee of five hundred dollars ($500.00) to defray the city's expenses in reviewing the RIR.

(d) Hearing and notice: Upon filing of an RIR, the city manager shall examine the same and advise the owner within fifteen (15) days after receipt thereof whether it is complete. When a complete RIR has been filed, it shall be accepted by the city manager; and the city manager shall set a time, date and place for a hearing by the council, not later than thirty (30) days after the date of acceptance. The city manager shall, on behalf of the park owner, mail a copy of the RIR to all mobilehome owners and shall give notice by first class mail or personal delivery to the park owner and the mobilehome owners of the date, time and place of the hearing at least fifteen (15) days prior to the hearing. The notice shall also contain a general explanation of the matters to be considered by the council. The city manager may give such additional notice as the council deems necessary or desirable.

(e) Findings and decision: Upon review of the RIR and consideration of the written and oral evidence received at the hearing, the city council shall, by resolution, render its decision. The city council shall approve the RIR if it is able to make an affirmative finding that the RIR contains the information required by this chapter and that reasonable steps, as defined herein, have been or will be taken to mitigate any adverse impact of the conversion, closure or cessation of use on mobilehome park residents. The steps required to be taken shall not exceed the reasonable costs of relocation. No permit or approval shall be granted in furtherance of the proposed conversion and no change of use, cessation of use or conversion shall occur until and unless an RIR has been approved and any mitigation measures imposed by the city council have been complied with by the park owner or any successor in interest to the park owner. If the closure or cessation of use of a mobilehome park results from an adjudication of bankruptcy, the provisions of this section shall not be applicable.

(f) Effective date: The decision of the city council shall be final and effective upon the adoption of the resolution. Notice of the decision shall be mailed by first class mail to the mobilehome owners and the park owner.

(g) Expiration and extension of RIR:

(1) An RIR shall become automatically null and void if the conversion of the mobilehome park has not occurred within eighteen (18) months of the effective date of the RIR, unless extended as provided in paragraph (2) of this subsection or unless otherwise provided in the RIR or the resolution of approval of the RIR.

(2) Upon application of the owner filed with the city manager on or before the date of expiration, the RIR may be extended by the city council. An application for an extension shall be subject to the notice and hearing procedures set forth in subsections (d) and (e) of this section.

(h) Revocation and amendment:

(1) Proceedings for the revocation or amendment of an RIR may be initiated by the council, the park owner or a mobilehome owner. Upon initiation, the council shall conduct a hearing with notice given in the same manner as set forth in subsections (d) and (e), except that notice to mobilehome owners or the park owner shall be by certified mail or personal service.

(2) After the hearing, upon good cause shown, the city council may, by resolution, revoke or amend the RIR.

(3) A revocation or amendment shall be effective immediately. Notice of the revocation or amendment shall be mailed by certified mail to the mobilehome owners and the park owner.

(4) 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 approved by the council.

(Ord. No. 394, § 1, 1-6-86; Ord. No. 699, § 1, 4-2-07)

(a) Every RIR shall contain the following information. This information may be utilized where applicable, in determining reasonably mitigation measures. The information shall also be utilized by the city council in formulating policy with respect to mobilehome parks, park owners and residents:

(1) The name, address and telephone number of the park's legal owner;

(2) The legal description of the park;

(3) The projected timetable of park conversion;

(4) An explanation of the new use proposed for the park;

(5) The name, address and telephone number of each mobilehome owner and each resident of a mobilehome;

(6) The number of spaces in the park, the current rental rate for each space and the number of mobilehomes in the park;

(7) The age and size of each mobilehome in the park;

(8) The number of residents per space;

(9) The number of residents who are disabled and a description of the disability of such residents;

(10) Two (2) estimates from moving companies of the cost of relocating mobilehomes of similar sizes and ages as those located in the park to other parks within a fifty-mile radius of the park;

(11) A list and description of known, available replacement space within a fifty-mile radius of the park;

(12) The name, address and telephone number of the park owner's counsel;

(13) The name, address and telephone number of any party owning an option to buy or develop the property;

(14) Proposed measures to mitigate any adverse impact of the conversion on the ability of displaced mobilehome park residents to find adequate housing in a mobilehome park.

(b) In approving an RIR, the council may impose reasonable conditions requiring the park owner to take steps to mitigate any adverse impacts created by the conversion on the ability of the displaced mobilehome park residents to find adequate housing in a mobilehome park. The steps required to mitigate shall not exceed the reasonable costs of relocation.

(Ord. No. 394, § 1, 1-6-86)

The park owner shall maintain the park property and the services provided to mobilehome owners in substantially the same manner as the same were provided prior to the submission of an RIR.

(Ord. No. 394, § 1, 1-6-86)