Milpitas Municipal Code Ch. 20 Conversion of Mobile Home Parks to Other Uses

The City Council hereby does find and declare that the following conditions and circumstances exist within the City of Milpitas and that they make necessary the regulations contained in this Chapter.

1.01-1 Available space in mobile home parks in Milpitas and in Santa Clara County is in very short supply.

1.01-2 Mobile home owners cannot move without great expense and the possible risk of damage to their home.

1.01-3 The majority of mobile home park residents are of low and very low income.

1.01-4 Due to the stated circumstances, spaces in mobile home parks in the City represent an important component of the housing stock, especially for senior citizens and persons of low and very low income.

1.01-5 Government Code Sections 65863.7 and 66427.4 require that, prior to a mobile home park conversion to other uses, or prior to closure of such park or cessation of use of the land as a mobile home park, or at the filing of a subdivision map for a subdivision to be created from any such conversion, the proponent of change of use must file a report on the impact of such change with the public agency having jurisdiction over the mobile home park and that such agency has the power to require measures to be undertaken to mitigate the adverse effect of the change upon the residents of such park who would be displaced by such change.

1.01-6 The City Council's purpose in enacting the ordinance codified in this Chapter is to provide uniform procedures and standards for relocation benefits so that park owners and coach owners understand their rights and responsibilities and there is a minimum of disruption to all the parties concerned.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

As used in this Chapter, the following words and phrases shall have the meanings set out in this Section.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

"Applicant" shall mean any person, firm, entity, or corporation applying for a Mobile Home Park Conversion Permit or the owner of a mobile home park whose mobile home park has been determined to be undergoing a change of use pursuant to Section 6 of this Chapter. If the owner of the controlling interest in a mobile home park is not the applicant, then the applicant must provide evidence of the controlling owner's consent to the filing of the application.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

"Change of use" shall mean a use of a mobile home park for a purpose other than the rental, or the holding out for rent, of two or more mobile home sites to accommodate mobile homes for human habitation. "Change of use" includes, but is not limited to, a change of the park or any portion thereof to a condominium, stock cooperative, or any form of ownership wherein spaces within the park are to be sold, and the cessation of use of all or a portion of the park, whether immediately or on a gradual basis, or the closure of the park.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

"City Manger's Designee" shall mean the City Manager or his or her designated representative.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

"Commercial coach" shall mean a structure transportable in one or more sections, designed and equipped for human occupancy for industrial, professional or commercial uses, which is required to be moved under permit, and shall include a trailer coach as defined in Section 635 of the Vehicle Code.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

"Comparable housing" shall mean housing which is comparable in floor area and number of bedrooms to the mobile home to which comparison is being made, which housing meets the minimum standards of the Uniform Housing Code.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

"Comparable mobile home park" shall mean any other mobile home park substantially equal in terms of park amenities, rent, and other relevant factors, such as proximity to public transportation and shopping, the job market where a displaced resident is gainfully employed, and proximity to schools if the resident has school-age children.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

"Eligible mobile home owner" shall mean a mobile home owner whose mobile home was located in a mobile home park or trailer park on the earlier of the following:

2.08-1 The date of application for a change of use;

2.08-2 The date of filing of a notice of determination that the park is undergoing a change of use pursuant to Section XI-20-6, if such notice was filed.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

"In place value" shall mean the market rate monetary value of the mobile home in its current location at the time an applicant files an application for rezoning of land use type or density, or for approval of a tentative map, or for a special development permit, or for a use permit for the purpose of a change of use of mobile home park or trailer park or any part thereof, or any change in the park's status to a vacant use as determined pursuant to this Chapter.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

2.09-1 "Mobile home" shall mean:

(a) A structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35970 of the Vehicle Code;

(b) A mobile home, as defined in the Mobile Home Residency Law, Civil Code Section 798 et seq., as now in effect or subsequently amended; or

(c) A manufactured home, as defined in Section 18007 of the Health and Safety Code.

2.09-2 "Mobile home" does not include:

(a) A recreational vehicle, as defined in Section 799.24 of the Civil Code and Section 18010 of the Health and Safety Code;

(b) A commercial coach; or

(c) Factory-built housing, as defined in Section 19971 of the Health and Safety Code.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

"Mobile home owner" shall mean the registered owner or registered owners of a mobile home, regardless of the number of such owners or the form of such ownership. Any relocation assistance payable to an owner of a mobile home shall be deemed paid to all owners of that mobile home when paid to any one of them.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

"Mobile home park" shall mean any area or tract of land where mobile home lots are rented or leased to accommodate mobile homes used for human habitation.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

"Mobile home site" shall mean an area within a mobile home park shown as being occupied by or designated for occupancy by an individual mobile home.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

"Mobile home tenant" shall mean 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 or member of the immediate household of the mobile home.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

Prior to conversion of a mobile home park, the applicant shall file a preapplication request to provide an opportunity for the applicant to understand the requirements, procedures and steps that must be taken before a Mobile Home Park Conversion Permit may be approved. City staff shall conduct a preapplication work session with the applicant to discuss the City's requirements and the project's ultimate impact on the residential housing stock of the City prior to the preparation of plans and/or tentative tract maps in order to avoid the possible expenditure of substantial energy and expense in a manner not consistent with the guidelines for such projects, and also to allow the applicant to make changes, at an early stage, prior to the preparation and filing of entitlement applications.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

3.02-1 Any applicant desiring to convert a mobile home park to another use, close a mobile home park, or cease to use land as a mobile home park shall apply for a conversion permit by submitting a completed application to the City. The application shall be accompanied by the following:

(a) An application fee in the amount specified by resolution of the City Council;

(b) A list of the names and addresses of all owners, and mobile home tenants within the park as of the day of submitting the application;

(c) The proposed timetable for conversion, closure, or cessation of use of the land as a mobile home park and obtaining other discretionary approvals;

(d) A list of the other discretionary approvals required for the change of use, including but not limited to a General Plan Amendment, rezoning, or tentative or parcel map;

(e) A conversion impact study report prepared in accordance with Section XI-20-5; and

(f) Any other information which may be required by the City to ensure compliance with City policies and procedure, this division, the provisions of this Code, and requirements of state law.

3.02-2 Within thirty (30) days after receipt of an application for a conversion permit, the City shall determine if the application is complete. If the application is not complete, the City Manager's Designee shall notify the applicant, in writing, of the deficiency or deficiencies. The applicant shall correct any deficiencies within sixty (60) days of mailing of the notice, unless extended by agreement; otherwise the application shall be deemed to have been abandoned.

3.02-3 Within ten (10) days after the City has deemed an application to be complete, the applicant shall notify the mobile home owners and tenants of the subject park of the application filed with the City and what the applicant is requesting.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

An applicant shall be entirely financially responsible for including, but not limited to, the housing specialists and the conversion impact report. Such financial responsibility shall not include the cost of an appraisal by the mobile home owner of their individual mobile home.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

No application for a Mobile Home Park Conversion Permit shall be approved unless and until the City Council shall have determined that the conversion impact report complies with the requirements of this Chapter. The approval of an exemption from relocation assistance obligations shall have the effect of elimination of the requirement of such portion of the conversion impact report. If such conversion impact report is determined not to comply with the requirements of this Chapter, the aforementioned permit shall not be considered further unless and until the report is revised, a public hearing upon appropriate notice is conducted thereon, and the report is determined to be in compliance with the requirements of this Chapter.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

The City Manager's Designee shall compile and maintain a list of persons, firms and organizations with proven expertise in the fields of housing and relocation of persons displaced from housing. Those listed shall be qualified in assisting residents in locating replacement housing, rendering financial advice on qualifying for various housing types, explanation of the range of housing alternatives available, the ability to gather and present to persons needing housing relocation assistance, adequate information as to available housing, and the ability to transport persons unable to drive to housing alternatives.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

The City shall select a consultant to prepare a conversion impact study and the conversion impact report within thirty (30) days of the receipt of a written request from the applicant following the pre-application meeting between the applicant and the City.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

Each conversion impact report shall be tailored to address the specific problems and needs for each application and mobile home park and shall contain the following information:

5.02-1 The number of residents in the mobile home park, including their names and addresses, length of occupancy, and current lease or rental rates and terms. Information on household income, ages and physical disabilities, if any, of the residents shall also be included whenever possible. The list shall indicate whether each person included owns the mobile home or is a tenant, and shall clearly indicate the persons who are not residing in the park. Because the use of such a list has a significant effect on the privacy of the persons who may be identified therein, the City Manager's Designee shall maintain each such list as a confidential public record which shall not be disclosed to the public except pursuant to the judgment, order or decree of a court of competent jurisdiction issued pursuant to the California Public Records Act, Sections 6250 et seq., of the Government Code.

5.02-2 The age, including date of manufacture, condition, and the size of each affected mobile home within such park, including the type of mobile home, width characteristics, size, and number identifying the mobile home site being occupied.

5.02-3 A list of all mobile home parks within a two hundred (200) mile radius of such park. The list shall identify if the parks are comparable mobile home parks, contain a schedule of site rental rates for each park, and list the criteria of the management of each park for acceptance of new tenants. The number of vacant spaces available in each park should be included, as well as the type of mobile home which can be accommodated (single or double wide).

5.02-4 The average vacancy rate, mobile home lot lease rates, tenant rental rates, number of evictions, and the reason(s) for each eviction in the subject mobile home park for each of the three (3) years prior to the filing of the application for a conversion permit.

5.02-5 A designation of the names, addresses and telephone numbers of one or more housing specialists from the list compiled by the City Manager's Designee pursuant to Section 4, and the names, addresses and telephone numbers and fee schedules of persons qualified as mobile home movers and of persons who are qualified appraisers of mobile homes. There shall be included an explanation of the services which the housing specialists will provide. The applicant may designate other housing specialists, mobile home movers, and appraisers; provided, however, that use of any such persons pursuant to this Chapter shall be subject to approval by the City Manager's Designee after an investigation into the qualifications of any such persons.

5.02-6 A relocation plan, which will include a timetable for implementation of the physical relocation of mobile homes, implementation of relocation assistance, and conversion of the park to one or more other uses. The plan shall also include the estimated reasonable cost of relocating the mobile homes identified as able to relocate to a comparable mobile home park within the study area. The costs of relocating shall include the costs of dismantling, packing, moving, reassembling, rebuilding, and unpacking, as necessary, the mobile home, all personal property, skirting, tiedowns, and other foundation and stabilizing materials, and all other associated structures and property. Provision shall be made for those mobile home owners who have a demonstrated urgent need to relocate prior to the date set forth in the impact report. Such provision shall be limited to payments of a reasonable approximation of the in-place value as determined by the Council.

5.02-7 A specification of relocation assistance, which shall comply with the requirements of Section 9.

5.02-8 A description of the proposed new use.

5.02-9 A legal description of the park.

5.02-10 Any other information which the City determines is needed to address the specific issues raised by the application, the conversion impact study, and in order to implement this Section.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

6.01-1 Whenever fifteen percent (15%) or more of the total number of mobile home sites of a mobile home park are uninhabited, the owner of such park shall file with the City Manager's Designee a written notice to such effect. For purposes of this Chapter, a mobile home site is "uninhabited" when it is either:

(a) Unoccupied by a mobile home, or

(b) Occupied by a mobile home in which no persons reside.

The existence of the condition described by this Subsection shall be deemed a "change of use" for purposes of this Chapter.

6.01-2 If a resident believes that less than eighty-five percent (85%) of the mobile homes are inhabited, the resident may file a written statement to that effect with the City Manager's Designee. Such statement shall indicate the particular sites which the resident believes to be uninhabited. Upon receipt of such statement the City Manager's Designee shall transmit to the owner of the mobile home park a written notice by certified mail, return receipt requested, or by personal service, which shall state that such statement has been filed and the City will conduct an investigation. The City Manager's Designee shall cause an investigation and inspection to be conducted as to the correctness of such statement.

6.01-3 Upon completion of the investigation and inspection, the Planning Commission shall conduct a public hearing as to the correctness of the statement upon not less than thirty (30) days written notice to the owner and the residents of the mobile home park, and any resident thereof may present evidence as to the correctness of the statement. At the conclusion of the hearing the Planning Commission shall make a determination as to whether the statement is or is not correct. Written notice of the Planning Commission's determination shall be given to the owner of the mobile home park and the resident who filed the statement. A copy of such notice shall be filed with the City Clerk.

6.01.4 If the Planning Commission determines that the mobile home park is undergoing a change of use, the notice of determination shall also direct the owner to apply for a Mobile Home Park Conversion Permit pursuant to this Chapter, and the City Manager's Designee shall establish a reasonable period of time for the preparation of the conversion impact report. The City Manager's Designee shall also schedule public hearings before the Planning Commission and City Council regarding granting the Mobile Home Conversion Permit if such permit is required. Such hearings shall be scheduled so as to allow adequate time for notice and distribution of the conversion impact report to mobile home owners and tenants and the scheduling of informational meetings pursuant to Section 7.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

The determination of the Planning Commission pursuant to Subsection 6.01-2 may be appealed by the resident who filed the statement, by the owner of the mobile home park, or by any other resident thereof by filing a written notice of appeal with the City Clerk not more than fifteen (15) calendar days after the date of the notice of determination. The City Council shall conduct a public hearing on the appeal, and not less than thirty (30) days notice thereof shall be given by the City Manager's Designee to the owner of the mobile home park and the residents thereof. At the public hearing the City Council shall consider the investigation and inspection report of the City Manager's Designee, the evidence presented by the owner of the mobile home park and any resident thereof as to the correctness of the statement, and at the conclusion thereof the City Council shall render a decision on the correctness of the statement.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

The failure of the owner of a mobile home park to prepare a conversion impact report within the time required by the City Manager's Designee pursuant to Subsection 6.01-3 is hereby determined to have a severely adverse economic effect upon mobile home tenants and eligible mobile home owners due to the delay in providing necessary relocation assistance which would result from such failure. Such failure is hereby determined to be a public nuisance. If the owner of the mobile home park fails to prepare or cause to be prepared a conversion impact report within such required time, the City Manager's Designee shall cause such report to be prepared. Upon completion of such report the City Manager's Designee shall cause a statement of the cost of preparation of such report to be sent to the owner of the mobile home park. If the owner of the mobile home park fails to reimburse the City for such cost within thirty (30) calendar days after presentation of such statement, the City Manager's Designee shall prepare an expense statement and file it with the City Clerk. The City Clerk shall thereupon submit written notice to the mobile home park owner of the time and place when the City Council shall receive and consider such expense statement and give the mobile home park owner not less than thirty (30) days written notice thereof by certified mail.

6.03-1 Abatement - Expense Statement - Hearing and Confirmation.

(a) At the time and place fixed for receiving and considering such expense statement, the City Council shall hear the same together with any objections which may be raised by any of the property owners liable to be assessed for the costs of preparing the same, and the City Manager's Designee shall attend such meeting with his report and expense statement; and upon such hearing, the Council may make such modifications in the proposed report and costs of preparing said report and assessment thereof as it may deem necessary, after which said report and statement shall be confirmed by resolution.

(b) The amount of the cost of preparing said report shall constitute special assessment(s) against the respective lot(s) or parcel(s) of land which are the subject of the report and, after thus made and confirmed, shall constitute a lien on such property for the amount of such assessment until paid.

6.03-2 Assessment - Collection. The Director of Finance shall cause the amount of the assessment to be entered on the City assessment roll opposite the description of the particular property, and the amount shall be collected together with all other taxes thereon upon the property. Thereafter, such amounts shall be collected at the same time and in the same manner as general City taxes are collected and shall be subjected to the same penalties and interest, and the same procedure and sale in case of delinquency as provided for City taxes. All laws and ordinances applicable to the levy, collection and enforcement of City taxes are hereby made applicable to such special assessment.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

The provisions of this Section shall not be applicable if an application for a Mobile Home Park Conversion Permit has been filed pursuant to this Chapter prior to the filing of a notice pursuant to Section 6.01-1, or of a written statement pursuant to Section 6.01-2, where such application is pending.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

7.01-1 Not less than thirty (30) days prior to the scheduled public hearing before the Planning Commission on the Mobile Home Park Conversion Permit, the applicant shall transmit to the owner or the occupant of each mobile home occupying a mobile home site within the park, and to all other persons described in Section 5.02, a copy of the conversion impact report, a notice of the public hearing on the Mobile Home Park Conversion Permit, and notice of the information meeting(s) required to be held pursuant to Subsection 7.01-4.

7.01-2 The copies of the conversion impact report and this Chapter, and notices of the public hearing and the information meetings, shall be transmitted either by certified mail, return receipt requested, or by personal service. When personal service is made, a written certificate of proof of service shall be filed with the City. Where more than one (1) person occupies a mobile home, notice need only be sent to the person or persons whose name or names appear(s) on the rental agreement pertaining to that mobile home site.

7.01-3 Not less than fifteen (15) days prior to the date of the public hearing, the applicant shall cause to be filed with the City a verification that he or she has complied with the requirements of this Section pertaining to transmittal of copies of the conversion impact report and of this Chapter and of the notices of the public hearing on the Mobile Home Park Conversion Permit and on the informational meeting or meetings. Where such transmittal has been by certified mail, copies of return receipts shall be filed with the City. When such transmittal has been by personal service, a list shall be filed with the name of each person served and the date of service.

7.01-4 Not later than fourteen (14) days prior to the scheduled public hearing before the Planning Commission on the Mobile Home Park Conversion Permit, the applicant shall conduct not less than one (1) informational meeting for the residents of the mobile home park regarding the status of the application for Mobile Home Park Conversion Permit, the timing of proposed relocation of residents, relocation benefits available, and the contents of the conversion impact report. The meeting shall be conducted on the premises of the mobile home park. The applicant may conduct a series of meetings of groups of residents if a sufficient number are scheduled to accommodate all of the residents. The housing specialist or specialists designated in the conversion impact report shall be present at such meeting or meetings.

7.01-5 Not less than five (5) days prior to the public hearing on the Mobile Home Park Conversion Permit, the applicant shall file with the City a statement made under penalty of perjury that he has complied with the requirements of Subsection 7.01-4. Such statement shall state the date, time and place where such meeting(s) was or were conducted.

7.01-6 The City shall publish notice of the public hearing in accordance with the provisions of Section 2.05 of Chapter 20 of Title I of the Milpitas Municipal Code.

7.01-7 When an application for a Mobile Home Park Conversion Permit has been filed with the City, or when the City Manager's Designee has transmitted notice pursuant to Section XI-20-6 that a mobile home park is undergoing a change of use, the owner of such park shall advise each person who commences occupancy of a mobile home of such notice in writing, prior to commencement of such occupancy, that such determination has been made, and that the occupant may not be entitled to any relocation assistance pursuant to Section 9 of this Chapter. The owner of such park shall obtain a signed acknowledgment of each such occupant indicating receipt of such information.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

7.02-1 Within sixty (60) days following the receipt of a completed application for a Mobile Home Park Conversion Permit, including the notices and verifications of notice required by Section 7.01 of this Chapter, the application shall be set for pubic hearing before the Planning Commission. The public hearing shall be opened, conducted, and closed with the sixty (60) day period. However, an extension or extensions cumulatively totaling no more than sixty (60) additional days may be granted if mutually agreed to by the approving body and the applicant.

7.02-2 At the public hearing, or any continuation of it, all interested parties will be allowed to present evidence to the Planning Commission on any aspect of the application. The evidence may include, but not be limited to, justification for the payment of relocation costs, evidence of why a mobile home cannot be relocated to a comparable park, and similar information.

7.02-3 In addition to the information/testimony received at the public hearing, the Planning Commission shall consider the information set forth in the application.

7.02-4 The Planning Commission shall recommend that the City Council make findings as set forth in Section 8 of this Chapter on the Mobile Home Park Conversion Permit application, including any application for exemption from relocation assistance obligations.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

The City Council may approve, conditionally approve, or deny a Mobile Home Park Conversion Permit involving a proposed change of use (other than simple closure of the park or cessation of the use of the land as a mobile home park) pursuant to its inherent, implied, and express local land use authority under both state and local law. The City Council shall not deny, but may approve or conditionally approve, a conversion permit involving the simple closure of the park, or cessation of the use of the land as a mobile home park, with no intended new use of the land as a mobile home park, with no intended new use other than the closure or cessation, provided the applicant has properly complied with the requirements of this Chapter and there is no evidence that the applicant or owner(s) have attempted to evict or otherwise cause the removal of residents for the purpose of avoiding or reducing payment of relocation assistance.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

8.02-1 The City Council, in considering an application for a Mobile Home Conversion Permit, shall accept and hear evidence, shall consider such evidence, and shall make written findings based on such evidence regarding each of the following factors and any other factors as it deems appropriate:

(a) Whether the information submitted with the permit application indicates that the proposed conversion, closure, or cessation of use will have an adverse impact upon the residents of the mobile home park;

(b) Whether there will exist, at the time of the conversion, closure, or cessation of use, sufficient, available mobile home lots within the city and/or within the area surveyed in the impact study to accommodate the mobile homes to be displaced;

(c) Whether the age, type, condition, and style of mobile homes within the park proposed for conversion, closure, or cessation of use are such that the mobile homes are able to be moved and accepted into other parks within the city or within the area surveyed in the impact study;

(d) Whether the homeowner cannot relocate to a comparable mobile home park within the impact study area and justification for that conclusion;

(e) Determination of reasonable costs of relocation based on Section 9 of this Chapter;

(f) If the proposed conversion is to another residential use, whether the residents of the mobile home park will have an opportunity to purchase, if for sale, or rent the new units, and whether the construction schedule will result in unreasonably long-term displacements;

(g) Whether the proposed conversion is consistent with the City's General Plan, any applicable specific plan and/or zoning ordinances;

(h) Whether the proposed conversion will be detrimental to the public health, safety, and general welfare; and

(i) Whether all reports and notices required by law have been properly prepared and properly served.

8.02-2 Where an exemption from relocation assistance has been applied for based upon the impact of such assistance upon the reasonable use of the property pursuant to Section 10.02-1, the City Council shall make one of the following findings:

(a) That the applicant shall not be exempt from relocation assistance obligations because sufficient evidence has not been shown that both of the following are true: that the continued use of the property as a mobile home park would eliminate substantially all reasonable use of such property, and that the cost of relocation assistance benefits which would otherwise be required by this Chapter for alternative uses would eliminate substantially all reasonable use or economic value of the property for such uses;

(b) That the applicant or owner shall be exempt from relocation assistance obligations, in whole or in part, because he or she has shown sufficient evidence that continued use of the property as a mobile home park would eliminate substantially all reasonable use or economic value of such property, and that imposition of such obligations, in whole or in part, would eliminate substantially all reasonable alternate use or economic value of the property. In making such determination the City Council may take into account the financial history of the mobile home park, its condition and the condition of amenities and improvements thereon, the cost of any necessary repairs, improvements or rehabilitation of such park, the estimated cost of relocation assistance benefits, the fair market value of the property for the proposed alternative use, the fair market value of the property for continued use as a mobile home park, and other pertinent evidence presented. In rendering its decision, the City Council shall have the power to eliminate or waive all or portions of any type of benefit which would otherwise be applicable and shall expressly indicate in its decision any such waiver or elimination and the degree thereof.

8.02-3 Where an exemption from relocation assistance has been applied for based upon bankruptcy proceedings pursuant to Section 10.02-2, the City Council shall make one of the following findings:

(a) That the application or project shall be exempt from relocation assistance obligations, in whole or in part, because a court of competent jurisdiction has determined in connection with a proceeding in bankruptcy that the closure or cessation of use of said property as a mobile home park is necessary, and because such court has taken further action which would prohibit or preclude payment of such benefits, whether in whole or in part. In rendering its decision, the City Council shall have the power to eliminate or waive all or portions of any type of benefit to the extent necessary to comply with the judgment, order or decree of the court;

(b) That the applicant shall not be exempt from any relocation assistance obligations based upon any actions of a court of bankruptcy, because sufficient evidence has not been shown that any such court has ordered the closure or cessation of use of said property as a mobile home park, or that such court has prohibited or precluded the payment of any such benefits, or both.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

The applicant shall include within the impact report relocation assistance which complies with the requirements of this Section, and shall be responsible for providing such relocation assistance where the City Council determines that the conversion impact report complies with the requirements of this Chapter and such assistance is a necessary permit condition to mitigate the adverse impact of the conversion of the mobile home park, except where and to the extent that any such applicant shall have been exempted from any such requirement pursuant to Section 10. As stated in Section 3, the applicant will be responsible for all relocation costs as well as administrative costs associated with the preparation of the conversion impact report by the housing specialists.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

In approving a Mobile Home Park Conversion Permit, the City may attach reasonable conditions in order to mitigate the impacts associated with the conversion, closure, or cessation of use. Such conditions may include, without limitation, the following:

(a) An effective date of termination of tenancy of not less than six (6) months from the date of the approval of the Mobile Home Park Conversion Permit (as required by Civil Code § 798.56(f)) so as to provide sufficient time for the relocation of the mobile homes to other parks;

(b) Payment of relocation assistance to each resident who resided in the park at the time of, or subsequent to, the filing of the Mobile Home Park Conversion Permit application;

(c) Time for payment of relocation assistance, including payment to residents who relocate within thirty (30) days of approval of the Mobile Home Park Conversion Permit;

(d) Full payment to each park resident of the resident's reasonable costs of relocation, which may include:

(i) For homeowners who are unable to relocate, a determination of a fair price for their mobile homes based on information contained in the impact study and received at the public hearing;

(ii) For homeowners who relocate within fifty (50) miles of the subject mobile home park, the actual costs of dismantling, moving, reassembling, and rebuilding, as necessary, the mobile home, skirting, tiedowns, and other foundation and stabilizing materials, and all other associated structures and property; packing, moving, and unpacking all personal property; and costs for meals, lodging, and gas while the mobile home is dismantled, moved and reassembled;

(iii) For homeowners who relocate their mobile home to a mobile home park further than fifty (50) miles of the subject mobile home park, or to a location other than a mobile home park, assistance may consist of the estimated cost they would have incurred had they relocated to the closest mobile home park which would accept their mobile home, as determined by the impact study;

(iv) For tenants, the costs may include all reasonable expenses incurred in moving to a new location, up to a maximum distance of fifty (50) miles.

(v) For those residents who qualify as low or very low income persons or families, as defined by HUD or who are receiving supplemental Social Security benefits, a lump sum based on consideration of the difference between higher rent at the new park for two years and the park that is closing.

(vi) For those residents who are handicapped or disabled, a lump sum based on consideration of the cost of obtaining any assistance necessary to move, such as help with packing or other physical tasks that the resident cannot perform without assistance, and to offset the cost of replacing any special equipment that cannot be moved and is used because of the resident's disability.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

The City's approval of a Mobile Home Park Conversion Permit shall not be valid and effective until the applicant has filed a certificate of acceptance of the conditions of approval with the City.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

In order to facilitate a proposed conversion, closure, or cessation of use of a mobile home park, the residents and applicant(s) may agree to mutually satisfactory conditions. To be valid, however, such an agreement shall be in writing, shall include a provision stating that the resident is aware of the provisions of this Section, shall include a copy of this Section as an attachment, shall include a provision in at least ten-point type which clearly informs the resident that he has the right to seek the advice of an attorney of his choice prior to signing the agreement with regard to his rights under such agreement, shall be drafted in the form and content otherwise required by applicable state law and shall be approved by the City Council.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

All eligible mobile home owners, except for those not occupying mobile homes within the mobile home park, and all mobile homes within the mobile home park, and all mobile home tenants of eligible mobile home owners, shall be provided with the services of one or more housing experts to assist them in relocating to available and appropriate housing upon their request. Any such experts shall be familiar with the housing market, individual needs for housing types, and income and loan requirements of various types of housing. Such assistance shall include financial advice, the explanation of the various housing alternatives available, and transportation of residents who are unable to operate motor vehicles to the various housing alternatives. Any housing experts selected by the applicant shall be subject to the approval of the City Manager's Designee.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

All eligible mobile home owners and all mobile home tenants of eligible mobile home owners shall be provided with a right of first refusal to purchase housing to be constructed for sale on the site of the mobile home park, or to lease or rent rental housing to be constructed for lease or rental on such site.

No waiver by an eligible mobile home owner of any of his or her rights pursuant to this Section shall be valid or effective for any purpose.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

Provisions shall be made for those mobile home owners who have a demonstrated urgent need to relocate, as determined by the Council, prior to the date set forth in the impact report. Such provisions shall be limited to payments of a reasonable approximation of the in-place value as approved by the Council.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

10.01-1 Any person who files an application for a Mobile Home Park Conversion Permit may, simultaneous with such application, file an application for total or partial exemption from the obligation to provide relocation assistance pursuant to Section 9. The owner of a mobile home park as to whom the City Manager's Designee has made a determination pursuant to Section 6.01-2 may also file such an application for exemption not later than thirty (30) days from the date of transmittal of the notice of determination by the City Manager's Designee pursuant to Section 6.01-3.

10.01-2 If such application is filed, notice of such application, with the information contained therein, and distribution thereof to the owners and occupants of the mobile home park shall be accomplished pursuant to Sections 7.01-1 and 7.01-2.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

Any such exemption application shall state that it is made on either or both of the following bases:

10.02-1 That imposition of the full relocation obligations would eliminate substantially all reasonable use or economic value of the property. Such basis may only be established if it is demonstrated that the imposition of such obligations would eliminate the reasonable use or economic value of the property for alternate uses, and that continued use of the property as a mobile home park would eliminate substantially all reasonable use or economic value of the property.

10.02-2 That a court of competent jurisdiction has determined in connection with a proceeding in bankruptcy that the closure or cessation of use of said property as a mobile home park is necessary, and that such court has taken further action which would prohibit or preclude payment of relocation assistance benefits, in whole or in part.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

Any such application made pursuant to Subsection 10.02-1 shall contain, at a minimum, the following information:

10.03-1 Statements of profit and loss from the operations of the mobile home park for the most recent five (5) year period of the date of the application or request, certified by a certified public accountant.

10.03-2 If the applicant contends that continued use of the property as a mobile home park necessitates repairs or improvements or both, and that the cost thereof makes continuation of the park economically infeasible, a statement made under penalty of perjury by a general contractor licensed as such pursuant to the laws of the State of California, certifying that such contractor has thoroughly inspected the entire mobile home park; that such contractor has determined that certain repairs and improvements must be made to the park to maintain the park in a decent, safe and sanitary condition; the minimum period of time in which such improvements or repairs must be made; an itemized statement of such improvements and repairs; and the estimated cost thereof. The applicant shall also submit a statement verified by a certified public accountant as to the necessary increase in rental rates of mobile home sites within the park within the next five (5) years necessary to pay for such repairs or improvements.

10.03-3 The estimated total cost of relocation assistance which would otherwise be required to be provided pursuant to this Chapter, which shall be based upon documented surveys included with the application of the available mobile home sites within two hundred (200) miles of the mobile home park, residents of the park who would elect to relocate and those who would elect to sell their mobile homes, and the value of the mobile homes in the park based upon recent sales of representative mobile homes in the park.

10.03-4 An estimate of the value of the mobile home park by a qualified real estate appraiser if the park were permitted to be developed for the use proposed in the application for redevelopment of the park, and an estimate of the value of such park by such appraiser if use of the property as a mobile home park is continued.

10.03-5 Such other information which the applicant believes to be pertinent, or which may be required by the City Manager's Designee.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

Any such application filed pursuant to Subsection 10.02-2 shall be accompanied by adequate documentation as to the title, case number, and court in which the bankruptcy proceeding was held, and copies of all pertinent judgments, orders and decrees of such court.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

After the date of the City Council's decision on the Mobile Home Park Conversion Permit, the applicant shall undertake or be responsible for performance of the following obligations, except to the extent that the City Council may have exempted the application therefrom pursuant to Section XI-20-18:

11.01-1 Not later than thirty (30) days from the date of the City Council's decision, the housing specialist or specialists shall make personal contact with each resident of the mobile home park and commence consultations to determine the proper relocation assistance to be provided. The housing specialist or specialists shall give each resident and former resident eligible to receive relocation assistance written notice of his or her relocation assistance and benefit options, the time limits within which he or she must select the desired option, one (1) or more copies of a standard form to be used for the resident to make his or her selection, and a designation of the person and place to whom and to which completed forms must be submitted.

11.01-2 Not later than four (4) months from the date of the City Council's decision, residents who are entitled to make elections between alternate benefits shall make such selection in writing. Such selection shall be submitted to the park owner or applicant, as the case may be, on a form provided by the housing specialist.

11.01-3 Not less than thirty-five (35) days prior to the date any resident is required to vacate the mobile home park, any cash or monetary relocation assistance shall be paid to such resident, to any former resident eligible for such assistance, or to any person, firm or corporation performing relocation-related services for the resident, as the resident may direct.

11.01-4 Not more than six (6) months from the date of the City Council's decision, any required appraisals of mobile homes shall be completed. If any such appraisal is incomplete due to any act or omission of the mobile home park owner or applicant, the otherwise required time for vacation of the mobile home park by the residents affected by such delay shall be extended by ninety (90) days. If any such appraisal is incomplete due to any act or omission of a mobile home owner, the owner of the mobile home park or the applicant, as the case may be, shall give the owner of the mobile home a written notice of such deficiency, which shall state that if the appraisal is not completed within thirty (30) days of the notice, the appraisal of the mobile home park owner or applicant, as the case may be, shall govern. If the owner of such mobile home does not complete such appraisal within such period, the required valuation of the mobile home shall be based upon the appraisal of the mobile home park owner or applicant, as the case may be. In addition, not more than six (6) months from the date of the City Council's decision, the applicant or owner of the mobile home park, as the case may be, shall enter into contracts with moving contractors necessary for the relocation of mobile homes or personal property, or both.

11.01-5 The date upon which any resident of the mobile home park is required to vacate such park, or upon which the owner of any mobile home is required to be removed from the mobile home park, shall be not less than six (6) months from the date of notice of termination of tenancy and not less than thirty-five (35) days from the date of payment of any required relocation benefits.

11.01-6 If the owner of the mobile home park or the applicant, on such application, specifically requests that any of the time limitations required by this Section be modified, the City Council shall consider any such modification and evidence relating to the need therefore at the public hearing on the Mobile Home Park Conversion Permit. The City Council shall have the power to make modifications in such time limits, both in response to a request and on its own motion, in conjunction with any approval of a Mobile Home Park Conversion Permit, as the City Council may deem just and reasonable. (Ord. 230 (part), 6/21/88)

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

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 applicant or the owner of the property, as the case may be, who is responsible for payment of any required monetary relocation assistance, shall have filed with the City Manager's Designee a verified statement made under penalty of perjury that relocation assistance payments required as conditions of the Mobile Home Park Conversion Permit pursuant to this Chapter have been paid. Such statement shall specify in itemized form each payee, the amount paid, the date of payment, and the type of relocation or other assistance for which each such payment was made.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

Enforcement of this Chapter shall be pursuant to Milpitas Municipal Code Section XI-10-63.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

In the event any section or portion of this Chapter hereby shall be determined invalid, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

The ordinance codified in this Chapter shall become effective thirty (30) days from and after the date of its adoption.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

The City Council finds, pursuant to Title 14 of the California Administrative Code, Section 15061, that this Chapter is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a Project as provided for under Title 14, California Administrative Code, Section 15061(b)(1), in that it does not have a potential for resulting in a physical change in the environment, directly or ultimately, as provided in Title 14, California Administrative Code, Section 15378(a), and that it is further exempt under the definition of Project in Section 15378(b), in that it concerns general policy and procedure making; and the Council directs that Notice of Exemption be filed with the County Clerk and with the Secretary for Resources.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

The City Clerk is directed to cause copies of the ordinance codified in this Chapter to be posted and to cause publication once in the Milpitas Post, the official newspaper of Milpitas, of a notice setting forth the date of the adoption and the title of the ordinance codified in this Chapter, within fifteen (15) days after adoption of the ordinance codified in this Chapter.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)