Article II — MOBILE HOME PARK CLOSURES

SEC. 24-30. MOBILE HOME PARK CLOSURE PERMIT.

Except as otherwise provided by law, prior to the conversion of a mobile home park to another use, or prior to the closure of a mobile home park or the cessation of the use of land as a mobile home park, in whole or in part, a mobile home park closure permit must be obtained pursuant to provisions of this code.

(`64 Code, Sec. 17.1-50) (Ord. No. 2097)

SEC. 24-31. NOTICE TO RESIDENTS.

The park owner shall give at least 90 days' written advance notice prior to the filing of an application for a mobile home park closure permit regarding the proposed closure of the park to all residents and coach owners in the affected park, and shall continue to give such notice to all new potential residents.

(`64 Code, Sec. 17.1-51) (Ord. No. 2097)

SEC. 24-32. MOBILE HOME PARK CLOSURE PERMIT APPLICATION REQUIREMENTS.

(A) A person or entity seeking to convert a mobile home park to another use, or to close a mobile home park or to cease a use of land as a mobile home park, in whole or in part, shall apply for a mobile home park closure permit on forms provided by the development services department. The application shall be accompanied by payment of a filing fee in an amount as prescribed by city council resolution and shall include a report on the impact of the proposed conversion, closure, or cessation of use upon the residents of the mobile home park who would be displaced and a proposed relocation assistance plan, each of which shall be prepared in accordance with the requirements hereinafter set forth. The application will not be accepted for filing unless accompanied by the required impact report and relocation assistance plan.

(B) The application shall include each of the following:

(1) Concept plan - A written statement and concept plan indicating the use the park site is intended to accommodate, including the approximate number of

proposed residential units, if any; approximate square footage and use of any buildings proposed; and the probable impacts/benefits to the community created by the proposed project.

(2) Site plan - A site plan of the existing mobile home park showing the existing layout, with all existing mobile home spaces identified by number and indicating

whether the space is currently occupied, and other site features.

(3) Residents list - A list of the names and address of all current residents of the mobile home park.

(4) Impact report - A report on the housing and financial impacts of the removal of the mobile homes upon all displaced residents. The report shall include, but not

be limited to, the following items, except where the applicant can demonstrate that the necessary information is not available:

(a) Rental rate history for each space for the previous five years;

(b) Monthly vacancy rate for each month during the preceding two years;

(c) Makeup of existing resident households, including family size, length of residence, age of residents, estimated household income, and whether receiving

federal or State rent subsidies;

(d) The date of manufacture and size of each mobile home in the park;

(e) An analysis of moving existing mobile homes which shall include, but not be limited to, the availability of other sites; the total costs of relocating mobile homes

to a new location; and the feasibility of existing mobile homes being accepted at other locations.

(5) Relocation assistance plan -

(a) A proposed relocation assistance plan shall be prepared by or on behalf of the applicant which states all measures proposed by the applicant to mitigate any

identifiable adverse impacts of the proposed closure or conversion of use on the residents of the mobile home park who would be displaced thereby. Every proposed relocation assistance plan shall provide that displaced residents will be provided relocation benefits that relate to the identified impacts. Relocation benefits must bear a relationship to the cost of displaced residents' finding alternative housing and will be determined on a case-by-case basis. With regard to mobile homes which cannot be

moved to another mobile home park, consideration shall be given to the purchase of such mobile homes by the applicant at their appraised fair market value as determined by a qualified, independent appraiser, as approved by the city, utilizing principles applicable in relocation matters. The foregoing applies whether or not the mobile home owner resides in the unit.

(b) Persons who own mobile homes or who are tenants in the mobile home park at the time notice is given pursuant to section24-31 will be eligible for relocation

assistance as determined in the fully approved relocation assistance plan. Persons who become mobile home owners or tenants after the time notice is provided pursuant to section 24-31 may be eligible for relocation assistance as determined in the fully approved relocation assistance plan.

(6) Proof of service of notice - The applicant shall provide evidence, by proof of service, that he/she has given the notice required by section24-31 to all applicable

residents and coach owners, and continues to give such notice to all new potential residents.

(7) Other information -

(a) The applicant shall provide any other information which the development services director reasonably believes is necessary for the purpose of properly

evaluating the mobile home park closure permit request.

(b) The application will not be accepted as complete until and unless all materials required hereby have been submitted.

(`64 Code, Sec. 17.1-52) (Ord. No. 2097)

SEC. 24-33. SERVICE OF IMPACT REPORT AND RELOCATION ASSISTANCE PLAN.

The development services department shall provide a notice of the hearing date and location, along with a copy of the impact report and relocation assistance plan to each resident of the mobile home park 30 days prior to the commission hearing on the mobile home park closure permit application.

(`64 Code, Sec. 17.1-53) (Ord. No. 2097)

SEC. 24-34. HEARING ON MOBILE HOME PARK CLOSURE PERMIT.

(A) A hearing shall be held on the mobile home park closure permit application before the commission. The commission shall approve the mobile home park closure permit if it finds that:

(1) The conversion, closure, or cessation of use of the land as a mobile home park will not be materially detrimental to the housing needs and public interest of the

affected neighborhood and of the city as a whole; and

(2) The measures to reasonably and adequately mitigate any adverse impact of the proposed conversion, closure, or cessation of use on the mobile home park

residents who will be displaced will be incorporated as conditions of permit approval.

(B) If either the impact report or relocation assistance plan are found to be inadequate, insufficient, or incomplete, the mobile home park closure permit may be denied without prejudice. If the applicant thereafter cures the deficiencies, the applicant may reapply without payment of a new filing fee.

(C) In passing on and approving any mobile home park closure permit, reasonable conditions may be imposed by the commission to mitigate adverse impacts on mobile home park residents who will be displaced, including but not limited to relocation assistance requirements, phasing of the conversion, closure or cessation of use, bonding requirements, and any other reasonable requirements in the facts and circumstances of the particular permit request.

(`64 Code, Sec. 17.1-54) (Ord. No. 2097)

SEC. 24-35. NOTICE OF APPROVAL OF MOBILE HOME PARK CLOSURE PERMIT.

(A) Written notices will be mailed to all residents residing in the mobile home park by city staff within ten days after the approval of a mobile home park closure permit. Such notice will state all of the conditions of approval of the mobile home park closure permit.

(B) The mobile home park owner shall pay the city's costs of doing said mailing.

(`64 Code, Sec. 17.1-55) (Ord. No. 2097)

SEC. 24-36. DENIAL OF PERMIT FOR COERCION.

A permit may be denied where there is substantial evidence that mobile home park residents have been coerced to publicly support or approve closure, proposed conversion of a mobile home park to another use, or cessation of the use of land as a mobile home park, or to refrain from publicly opposing the same, or to forego any assistance to which they might be entitled.

(`64 Code, Sec. 17.1-56) (Ord. No. 2097)

SEC. 24-37. DURATION OF PERMIT.

The mobile home park closure permit granted pursuant to this article shall be valid for a period of two years after approval by the commission or city council on appeal. Any and all rights to close a park pursuant to such a permit shall lapse at the expiration of the permit. The commission may, for good cause shown, grant an extension to the permit. Unless an extension is granted by the commission to delay the closure, the permit shall lapse.

(`64 Code, Sec. 17.1-57) (Ord. No. 2097)

SEC. 24-38. APPEALS.

Any interested or aggrieved person shall have the right to appeal the decision of the commission on a mobile home park closure permit request or extension to the city council by paying the appeal fee established by city council resolution and filing a notice of appeal with the city clerk within 21 days of the date of the commission's action.

(`64 Code, Sec. 17.1-58) (Ord. No. 2097)

SEC. 24-39. TERMINATION OF TENANCY.

Upon the approval of the mobile home park closure permit, the mobile home park owner shall serve a notice of termination of tenancy, in accordance with the provisions of Cal. Civil Code, Section 798.56, to each park resident informing them that they will be given two years from the date of the commission's approval of the mobile home park closure permit to terminate their tenancy in the park. The two-year termination period may be reduced to no less than six months or extended beyond two years upon the written agreement of the park owner and residents.

(`64 Code, Sec. 17.1-59) (Ord. No. 2097)

SEC. 24-40. EFFECT ON EXISTING PERMITS.

The requirements of this article shall apply to all existing mobile home parks within the city, regardless of any time limitations that may exist with respect to the term of any conditional use permit issued for any mobile home park. The use of any property covered by such a conditional use permit may lawfully continue and the conditional use permit shall be deemed to remain in full force and effect until such time as a mobile home park closure permit for conversion, closure, or cessation of use is granted.

(`64 Code, Sec. 17.1-60) (Ord. No. 2097)

SEC. 24-41. AFFIDAVIT OF COMPLIANCE.

Prior to the commencement of any construction on the property vacated as a result of the approval of a mobile home park closure permit for the conversion, closure or cessation of use of a mobile home park, the owner or developer of the property shall provide the city with an affidavit stating that the conditions imposed on the approval for the mobile home park closure permit have been satisfied, and that all tenancies on the property have been terminated.

(`64 Code, Sec. 17.1-61) (Ord. No. 2097)

SEC. 24-42. PUBLIC POLICY.

No person shall subvert any provisions of this article by coercing the waiver of any rights or privileges created or protected thereby. Any provisions of a lease or agreement which purports directly or indirectly to waive or require waiver of a resident's rights under said sections or which requires prior consent to the conversion, closure, or cessation of use of land as a mobile home park shall be null, void and unenforceable.

(`64 Code, Sec. 17.1-62) (Ord. No. 2097)

SEC. 24-43. EXEMPTION OF PUBLIC AGENCIES.

The requirements of this article shall not apply to any public agency which is required to comply with the relocation requirements of Cal. Gov't Code, Sections 7260et seq. due to any displacement of a person or persons from a mobile home.

(`64 Code, Sec. 17.1-63) (Ord. No. 2492)

CHAPTER 25: SURFACE MINING