Monrovia Municipal Code Ch. 15.40 Closures of Mobile Home Parks

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 shortage of mobile home spaces and the high cost and risk of damage involved in moving a mobile home. In recognition of the unique situation and vulnerability of mobile home owners created by these facts, the State Mobile Home Residency Law, Cal. Civil Code §§ 798 et seq. and Cal. Gov't Code §§ 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 authorize 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 and excessive rent increases, 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.

(`83 Code, § 15.40.010) (Ord. 92-13 § 1 (part), 1992; Ord. 92-13U § 1 (part), 1992)

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

APPLICANT. A person or entity who has filed an application for change of use of a mobile home park.

CHANGE OF USE. Includes all activities specified in Cal. Civil Code § 798.10 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 a part thereof. CHANGE OF USE includes closure of a park when no new use is planned.

COMPARABLE HOUSING. 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 factors to the mobile home to which comparison is being made.

COMPARABLE MOBILE HOME PARK. 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. The Director of Community Development.

ELIGIBLE MOBILE HOME RESIDENT or ELIGIBLE RESIDENT. A mobile home resident whose mobile home was located in a mobile home park on the date of an application for a 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. A mobile home resident with any medically determinable physical or mental impairment as demonstrated by a finding of a state or federal agency or 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. 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. An income of 80% 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. As set forth in Cal. Civil Code § 798.3.

MOBILE HOME OWNER. The registered owner or registered owners of a mobile home, regardless of the number of such owners or the form of such ownership.

MOBILE HOME PARK or PARK. As set forth in Cal. Civil Code § 798.4.

MOBILE HOME PARK OWNER or PARK OWNER. 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. A mobile home owner who resides in the mobile home he or she owns. Resident includes the mobile home owner's or spouse's parents, children and grandchildren who reside in the mobile home.

MOBILE HOME TENANT or TENANT. 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.

(`83 Code, § 15.40.020) (Ord. 92-13 § 1 (part), 1992; Ord. 92-13U § 1 (part), 1992)

(A) Prior to a change of use of a mobile home park application therefor 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 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 current rental rate for each space;

(5) The date of manufacture and size of each mobile home;

(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 the 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 the owner or renter occupancy, principal or second home occupancy, residents under 16 years of age, residents 60 years of age or over, residents who are handicapped, 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;

(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 20-mile radius and a list of comparable mobile home parks within a radius of 25 to 50 miles 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-drown and setup of mobile homes and moving of improvements such as porches, carports, patios, and other moveable 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.

(`83 Code, § 15.40.030) (Ord. 92-13 § 1 (part), 1992; Ord. 92-13U § 1 (part), 1992)

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 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 prospective purchaser or tenant and shall file it with the Director.

(`83 Code, § 15.40.050) (Ord. 92-13 § 1 (part), 1992; Ord. 92-13U § 1 (part), 1992)

(A) Any person who files an application for change of use may, simultaneously with such application, file an application for total or partial exemption from the obligation to provide relocation assistance.

(B) If such application is filed, notice thereof, containing the information contained in the application, shall be given pursuant to § 15.40.070(B) and (C).

(C) An application for total exemption may be made on one of two grounds.

(1) That imposition of any relocation obligations would eliminate substantially all reasonable use or economic value of the property for alternate uses;

(2) The park is exempt from the requirement of relocation assistance under state law governing changes of use of mobile home park.

(D) Any application for partial exemption shall state that it is made on grounds that imposition of particular relocation obligations would eliminate substantially all reasonable use or economic value of the property for alternate uses. The application shall specify the particular relocation obligations which would cause this result.

(E) An application for exemption made pursuant to divisions (C)(1) and (D) of this section shall contain, at a minimum, 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 change of use, or other use consistent with applicable zoning, and an estimate of the value of such park by such appraiser if use of the property as a mobile home park is continued. An application for exemption pursuant to division (C)(2) of this section shall specify the provision of state law providing the claimed exemption and documentation demonstrating entitlement to such exemption.

(F) The application for exemption shall be heard at the same time and in the same manner as the application for change of use, except that where entitlement to exemption under state law is demonstrated to the satisfaction of the Director, no RIR shall be required.

(`83 Code, § 15.40.060) (Ord. 92-13 § 1 (part), 1992; Ord. 92-13U § 1 (part), 1992)

(A) Upon the filing of an application for change of use or exemption and RIR, the Director shall examine the same and advise the applicant in writing within 30 days after receipt thereof whether it is complete. When an application and RIR have been accepted as complete, the Director shall set a time, date and place for a hearing before the Planning Commission not later than 60 days after the date of acceptance. Because certain required information in an RIR (e.g., appraisals, tenant data) can not be obtained until after filing an application for change of use, an applicant must file an application for change of use and RIR containing all available information concerning the proposed change of use and relocation costs and assistance in order to start the process of obtaining the information required for a complete application and RIR.

(B) Not less than 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 and legal owner of each mobile home occupying a site within the 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.

(C) Not less than 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 or she has complied with the requirements of this section pertaining to notices and transmittal of copies of the RIR and with all notice requirements in Cal. Gov't Code §§ 65863.7 et seq. The form and manner of such verification shall be subject to approval by the City Attorney.

(D) 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 Commission shall render its findings and recommendations to the City Council by resolution within 95 days of the date the application and RIR were accepted as complete. In rendering its advisory decision, the Commission may 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 set-up 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 first and last month's rent and any security deposit at the new mobile home park;

(3) 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;

(4) For those mobile home residents who move to apartments or other rental housing alternatives, payment of a lump sum based on consideration of any differential in the rental rate between the closing park and the alternate housing, requirements for payment of the first and last month's rent and security deposits and cleaning fees, and the Fair Market Rents for new construction and substantial rehabilitation for the Los Angeles area as established by the U.S. Department of Housing and Urban Development. Mobile home households may be compensated based on the number of bedrooms in the mobile home so that a one-bedroom mobile home may be compensated based on a one-bedroom apartment, a two-bedroom mobile home based on a two-bedroom apartment, and the like;

(5) Provision of a replacement space within a reasonable distance of the closing mobile home park;

(6) For residents whose mobile home cannot be relocated to a comparable park within a 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, and the like), 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;

(7) Notwithstanding any other provision in this section, the total of the mitigation measures required shall be subject to and shall not exceed the limitation in Cal. Gov't Code § 65863.7 which provides: “the steps taken to mitigate shall not exceed the reasonable costs of relocation.”

(E) 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 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 80 days of the date of the Planning Commission resolution.

(3) The City Council may impose reasonable measures not exceeding the reasonable costs of relocation to mitigate the adverse impacts of the change of use on eligible mobile home residents pursuant to division (D) of this section. The decisions of the City Council shall be final. Pursuant to Cal. Code of Civil Procedure § 1094.6, the statute of limitations for bringing a judicial challenge to any decision concerning a change of use of a mobile home park shall be 90 days and notice of the city's decision to the application, park owner, and affected residents shall include notice that the 90-day statute of limitations in Cal. Code of Civil Procedure § 1094.6 is applicable.

(`83 Code, § 15.40.070) (Ord. 92-13 § 1 (part), 1992; Ord. 92-13U § 1 (part), 1992)

(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 may be closing or converting to another use until the Director has accepted the application and RIR as complete and the park owner has executed and filed with the Director a written acceptance of the mitigation requirements imposed on the change of 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) A copy of this chapter shall be given to each existing and new resident of the park. Signed acknowledgment of receipt of such copy by each existing resident shall be filed with the Director within 25 days of the effective date of the ordinance codified in this chapter. A signed acknowledgment of such copy by each new resident shall be filed with the Director within 15 days of the date the new resident enters a rental agreement with a park or lawfully occupies a mobile home in the park.

(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 under 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.

(E) A petition may be filed by 51% of the eligible mobile home resident households in a park for review of any rent increase which exceeds 20% of the existing rent or which is imposed sooner than 12 months after the last rent increase and which, when combined with the last rent increase, totals an increase of more than 20% of the rent prior to the last rent increase. The petition must be filed with the Director within 15 days after notice of the rent increase is given by the park owner and must contain sufficient information to allow the Director to determine whether the rent increase which is the subject of the petition meets the criteria of this division and shall include the following information:

(1) The number of eligible resident households in the park;

(2) The space number and members of each eligible resident household signing the petition;

(3) The signature of one adult member of each eligible resident household signing the petition;

(4) The date of notice and amount of the rent increase that is the subject of the petition;

(5) The amount of the existing rent, the date(s) of any increase imposed during the immediately preceding 12 months and the amount of the rent before those increases were imposed;

(6) The Director shall give notice of the petition by certified mail or personal delivery to the park owner and the eligible resident of the park within 15 days of the date it is received. The notice shall state the Director's preliminary determination whether the petition meets the criteria of this subsection. If the Director's preliminary determination is that it does meet the criteria, the notice shall include notice of the hearing date before the Planning Commission not sooner than 50 and no later than 80 days after the date the petition was received, notice that the park owner has 30 days in which to provide justification for the rent increase pursuant to division (E)(7) of this section and notice that the noticed increase cannot be charged, demanded, collected or retained unless and until approved by the Commission. If the Director's preliminary determination is that the petition does not meet the criteria of division (E)(7) of this section, or is incomplete, the notice shall state that the petition is being rejected and the reasons for the rejection. In such case, the petitioners may submit a revised petition, which cures the reason for rejection, within ten days of receipt of the rejection notice. The revised petition shall be processed in the same manner as the original.

(7) In reviewing a rent increase petition, the Commission shall approve such increases as are required to provide a “just and reasonable” or “fair” return on investment to the park owner and shall consider all relevant factors, including but not limited to the following:

(a) Changes in the CPI since the last rent increase;

(b) The rent charged for comparable mobile home spaces in the city and surrounding areas;

(c) The completion of any capital improvements in the park since the last rent increases, the costs of which is not reimbursable by insurance;

(d) Changes in operating and maintenance expenses;

(e) The need for unusual repairs or rehabilitation, the cost of which is not reimbursable by insurance;

(f) Changes in the housing services and amenities provided in the park since the last increase;

(g) The need for an increase to provide a fair return on investment as shown by the return being earned by comparable parks, with investment defined as purchase price adjusted by the increase in the CPI since the purchase date, plus the cost of any capital improvements to the park since the purchase date.

(8) The Commission shall render its findings and decision by resolution within 100 days of the date the petition was received by the Director. The decision of the Commission shall be final.

(9) The provision of this division (E) shall not apply to spaces subject to a lease exempt from local rent regulations pursuant to the Mobile Home Residency Law, Cal. Civil Code §§ 798 et seq., shall not apply to spaces first held out for rent after January 1, 1990, or the rent first charged to a purchaser of a mobile home in the park or for a vacant space, provided that the rent thereafter charged to these new residents shall be subject to this division (E), and provided further that a space shall not be deemed vacant when an existing mobile home resident removes his or her mobile home to replace it with a new mobile home.

(10) An eligible resident may refuse to pay any rent in excess of the maximum rent permitted by division (D) of this section. The fact that such unpaid rent is in excess of the maximum rent permitted by division (D) shall be a defense in any action brought to recover possession of a mobile home space and for nonpayment of rent or to collect the illegal rent.

(11) The statute of limitations applicable to a judicial challenge of any decision made pursuant to this section shall be 90 days as set forth in § 15.40.070(E)(3) and notice of the Commission's decision to the park owner and affected residents shall state that the 90-day statute of limitations in Cal. Code of Civil Procedure § 1094.6 is applicable.

(`83 Code, § 15.40.080) (Ord. 92-13 § 1 (part), 1992; Ord. 92-13U § 1 (part), 1992)

(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 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 Cal. Civil Code within 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 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 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 relocation assistance required by that resolution.

(`83 Code, § 15.40.090) (Ord. 92-13 § 1 (part), 1992; Ord. 92-13U § 1 (part), 1992)

(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 §§ 15.40.070 and 15.40.080. 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 45 and not later than 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 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 90 days after initiating revocation proceedings.

(`83 Code, § 15.40.100) (Ord. 92-13 § 1 (part), 1992; Ord. 92-13U § 1 (part), 1992)

(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 § 15.40.090 and relocation pursuant to the conditions of approval has not occurred within 12 months of the effective date of the resolution approving the change of use, unless otherwise extended as provided in division (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 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 § 15.40.100(B).

(`83 Code, § 15.40.110) (Ord. 92-13 § 1 (part), 1992; Ord. 92-13U § 1 (part), 1992)

(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 $1,000. Each violation of a section or division 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.

(`83 Code, § 15.40.120) (Ord. 92-13 § 1 (part), 1992; Ord. 92-13U § 1 (part), 1992)

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.

(`83 Code, § 15.40.125) (Ord. 92-13 § 1 (part), 1992; Ord. 92-13U § 1 (part), 1992)

If any part or provision of this chapter, 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 circumstances, shall not be affected and shall continue in full force and effect. To this end the provisions of this chapter are severable.

(`83 Code, § 15.40.130) (Ord. 92-13 § 1 (part), 1992; Ord 92-13U § 1 (part), 1992)