Pacifica Municipal Code Art. 1 Conversion of Mobile Home Parks to Other Uses

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

(a) "Change of use" means 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. "Change of use" shall not include mere purchase of the park by its existing residents.

(b) "Commercial coach" shall mean a structure transportable in one or more sections, designed and equipped for human occupancy for industrial, professional or commercial uses and shall include a trailer coach as defined in Section 635 of the Vehicle Code.

(c) "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 State Uniform Housing Code.

(d) "Comparable mobile home park" means any other mobile home park substantially equivalent in terms of park condition, amenities and other relevant factors.

(e) "Date of application for change of use" means the date of filing of an application for rezoning, General Plan amendment, use permit, site development permit or other discretionary development approval under Titles 9 or 10 of this Code, which application seeks approval of a change of use of a mobile home park.

(f) "Eligible mobile home owner" means a mobile home owner whose mobile home was located in a mobile home park on the earlier of the following:

(1) The date of application for a change of use;

(2) The date of filing of a notice of determination that the park is undergoing a change of use pursuant to Section 9-1.104 if such notice was filed.

(g) "Homeowner" means the registered owner or owners of a mobile home, who has a tenancy in a mobile home park under a rental agreement.

(h) "Mobile home" means:

(1) 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.

(2) A mobile home, as defined in Section 18008 of the Health and Safety Code; or

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

(i) "Mobile home" does not include:

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

(2) A commercial coach; or

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

(j) "Mobile home park" means an area of land where two or more mobile home sites are rented, or held out for rent, to accommodate mobile homes used for human habitation, including areas of land zoned or otherwise approved for use as a mobile home park pursuant to this Code.

(k) "Mobile home site" is an area within a mobile home park shown as being occupied by or designated for occupancy by an individual mobile home.

(l) "Mobile home tenant" is a person who occupies a mobile home within a mobile home park pursuant to a bona fide lease or rental agreement with the mobile home owner and who, during his or her tenancy, was not the owner or member of the immediate household of the mobile home owner.

(m) "Resident" means a person lawfully residing in a mobile home park, and includes a mobile home owner, mobile home tenant or member of the immediate household of the mobile home owner or mobile home tenant.

(§ 3, Ord. 550-C.S., eff. April 25, 1990)

The Director of Community Development and Services 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 familiar with the region's housing market and qualified to assist residents in locating replacement housing, to render financial advice on qualifying for various housing types, to explain the range of housing alternatives available, to gather and present to persons needing housing relocation assistance adequate information as to available housing, and shall be able to transport persons unable to drive to housing alternatives.

(§ 3, Ord. 550-C.S., eff. April 25, 1990)

(a) Any person who files an application for a rezoning, General Plan amendment, subdivision map, use permit, site development permit or for any other discretionary development approval under Titles 9 and 10 of this Code, for the purpose of a change of use of a mobile home park, shall file a report on the impact of the change of use upon the residents of the mobile home park in compliance with the requirements of this section not later than the date of filing of the first such application necessary to authorize such change of use. No such application shall be considered or deemed completed or processed for consideration and approval unless and until such conversion impact report shall have been filed as required by this subsection.

(b) The conversion impact report shall address the availability of adequate replacement housing in mobile home parks and the costs of relocating displaced residents. In order to adequately evaluate and address those issues, the conversion impact report shall contain the following information:

(1) The names, addresses and mobile home site identification numbers of all persons owning mobile homes within the mobile home park and of all mobile home tenants within a period commencing on the earlier of the following dates:

(i) The date of application for change of use;

(ii) The date of filing of a notice of determination that the park is undergoing a change of use pursuant to Section 9-1.104 if such notice was filed prior to the application;

(2) The age, including date of manufacture, of each mobile home within such park, including the type of mobile home, width characteristics, size, and number identifying the mobile home site being occupied;

(3) A list of vacant mobile home sites in comparable mobile home parks within a thirty (30) mile radius of the park which is the subject of the application or request. The list shall contain a schedule of site rental rates for each park listed and the criteria of the management of each park for acceptance of new tenants and used mobile homes;

(4) A designation of the names, addresses and telephone numbers of one or more housing specialists from the list compiled by the Director of Community Development and Services pursuant to Section 9-1.102, and the names, addresses and telephone numbers and fee schedules of persons qualified as a 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 Director of Community Development and Services;

(5) A relocation plan, which will include a timetable for implementing the physical relocation of mobile homes, implementation of relocation assistance, payment of relocation costs and conversion of the park to one or more other uses;

(6) A specification of the measures proposed to mitigate adverse impacts and of the costs of relocation of displaced residents which shall comply with the requirements of Section 9-1.106.

(§ 3, Ord. 550-C.S., eff. April 25, 1990)

(a) Whenever twenty (20%) percent or more of the total number of mobile home sites of a mobile home park are uninhabited and such situation was not caused by physical disaster, including but not limited to, fire, flood, storm, earthquake, landslide, or by another condition beyond the control of the owner of the mobile home park, the owner of such park shall file with the Director of Community Development and Services a written notice to such effect. For purposes of this chapter, a mobile home site is "uninhabited" when it is either (1) unoccupied by a mobile home, or (2) occupied by a mobile home in which no persons reside. The existence of the condition described in this subsection, when determined by the procedures of this subsection, shall be deemed a "change of use" for purposes of this chapter.

(b) Whenever a resident of a mobile home park or other interested person has reason to believe that such park is uninhabited and that such situation was not caused by physical disaster, including but not limited to, fire, flood, storm, earthquake, landslide, or by another condition beyond the control of the owner of the mobile home park, such resident may file a written statement to that effect with the Director of Community Development and Services. Such statement shall indicate the particular sites which the resident or other interested person believes to be uninhabited. Upon receipt of such statement, the Director of Community Development and Services shall cause an investigation and inspection to be conducted as to the correctness of such statement. Upon completion of the investigation and inspection, he or she shall conduct a public hearing as to the correctness of the statement upon not less than thirty (30) days' written notice to the owner of the mobile home park, to the person who filed such statement, and to all residents of the mobile home park. At the hearing the owner of the mobile home park and any interested person thereof may present evidence as to the correctness of the statement. At the conclusion of the hearing, the Director of Community Development and Services shall make a determination as to whether the statement is or is not correct and whether the mobile home park is undergoing a change of use.

(c) Upon the filing of a notice pursuant to subsection (a) or the making of the determinations pursuant to subsection (b), the Director of Community Development and Services shall transmit to the owner of the mobile home park a written notice by certified mail, return receipt requested, or by personal service, which notice shall state, if a notice was filed pursuant to subsection (a), that a mobile home park is determined to be undergoing a change of use, or, if the determination was made pursuant to subsection (b), that such park is determined to be undergoing or not to be undergoing a change of use, as the case may be. If the determination was made pursuant to subsection (b), written notice thereof shall be given to the owner of the mobile home park, the person who filed the statement and the mobile home park residents. A notice of determination of change of use shall also direct the owner to prepare a conversion impact report pursuant to Section 9-1.103 and the Director of Community Development and Services shall establish a reasonable period of time for the preparation of such report. The Director of Community Development and Services shall also schedule a public hearing before the Planning Commission and the City Council regarding the adequacy of such conversion impact report pursuant to this chapter. Such hearing shall be scheduled so as to allow adequate time for notice and distribution of the report to homeowners and mobile home tenants and the scheduling of informational meetings pursuant to Section 9-1.105.

(d) The determination of the Director of Community Development and Services pursuant to subsection (b) may be appealed by the person who filed the statement, by the owner of the mobile home park, or by any other interested person 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 Director of Community Development and Services to the owner of the mobile home park, the appellants and the park residents. At the public hearing the City Council shall consider the investigation and inspection report of the Director of Community Development and Services, the evidence presented by the owner of the mobile home park and interested person 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 and determination.

(e) The provisions of this section shall not be applicable if an application for conversion of a mobile home park has been filed pursuant to this chapter prior to the filing of a notice pursuant to subsection (a), or of a written statement pursuant to subsection (b), where such application is pending.

(f) For purposes of the ensuing sections of this chapter, the owner of a mobile home park whose mobile home park shall have been determined by the Director of Community Development and Services to be undergoing a change of use shall be deemed to be an "applicant."

(§ 3, Ord. 550-C.S., eff. April 25, 1990)

(a) Not less than fifteen (15) days prior to the scheduled public hearing before the Planning Commission on the conversion impact report, the applicant shall transmit to the homeowner and to any tenant of each mobile home occupying a mobile home site within the park and to all other persons described in Section 9-1.103 (b) a copy of the conversion impact report a copy of this chapter, and notices of the dates, times and places of the public hearing on the conversion impact report and the informational meeting required to be held pursuant to subsection (c).

(b) Not less than ten (10) days prior to the date of the public hearing, the applicant shall cause to be filed with the Director of Community Development and Services a statement under penalty of perjury that he or she has complied with the requirements of this section pertaining to transmittal of copies of the conversion impact report and copies of this chapter, and to the notices of the public hearing on the conversion impact report and on the informational meeting or meetings.

(c) Not less than ten (10) days prior to the scheduled public hearing before the Planning Commission on the conversion impact report, the applicant shall conduct an informational meeting for the residents of the mobile home park regarding the status of the application for conversion or the impending change of use, the timing of proposed relocation of residents, proposed relocation costs and assistance, and the contents of the conversion impact report. The meeting shall be conducted on the premises of the mobile home park. The housing specialist or specialists designated in the conversion impact report shall be present at such meeting.

(d) Not less than five (5) days prior to the public hearing on the conversion impact report, the applicant shall file with the Director of Community Development and Services a statement made under penalty of perjury that he or she has complied with the requirements of subsection (c). Such statement shall state the date, time, and place where such meeting was conducted.

(§ 3, Ord. 550-C.S., eff. April 25, 1990)

(a) The applicant shall include within the conversion impact report the steps the owner proposes to mitigate any adverse impact on the ability of displaced park residents to find adequate housing in a mobile home park, including the reasonable costs of relocation. The City Council, upon reviewing the report and recommendation of the Planning Commission, shall require the applicant to take steps to mitigate such adverse impact which shall not exceed the reasonable costs of relocation, except where and to the extent that any such applicant shall have been exempted from any such requirement pursuant to Section 9-1.107.

(1) As used in this section, the reasonable costs of relocation shall include: the cost of relocating a displaced homeowners' mobile home, accessories, and possessions to a comparable mobile home park within thirty (30) miles of its existing location, including costs of disassembly, removal, transportation, and reinstallation of the mobile home and accessories at the new site, and replacement or reconstruction of blocks, skirting, siding, porches, decks, awnings or earthquake bracing if necessitated by the relocation; indemnification for any damage to personal property of the resident caused by the relocation; reasonable living expenses of displaced park residents from the date of actual displacement until the date of occupancy at the new site; payment of any security deposit required at the new site; and the difference between the rent paid the existing and any higher rent at the new site for the first twelve (12) months of the relocated tenancy.

(2) If the City Council determines that a particular mobile home cannot be relocated to a comparable mobile home within (30) miles of its existing location, and the homeowner has elected to sell his or her mobile home, the reasonable costs of relocation may include the cost of purchasing the mobile home of a displaced mobile home owner at a fair value to be determined by the City Council. Such fair value shall be determined after consideration of relevant factors, including, but not limited to, the in-place value of the mobile home in its current location, assuming the continuation of the mobile home park in a safe, sanitary and well-maintained condition, the effect of the change of use on the value of the mobile home, the purchase price of the mobile home, any appreciation in the value of the mobile home since its purchase, the actual investment of the home owner in his or her mobile home, the appraised value of the mobile home, the right of the property owner to economically viable use of his or her property, the impact of the valuation on the economic viability of the property for its present use and for alternative uses, the information contained in the conversion impact report, and any evidence presented at the hearing. Any interested person may present evidence on any relevant factors in determining fair value.

(3) All eligible homeowners and all mobile home tenants of eligible homeowners shall be provided with the services of one or more housing experts to assist them in relocating to available and adequate housing upon their request. Any such experts shall be those approved pursuant to Section 9-1.103 (b)(4) herein.

(b) No benefits shall be provided to any person who is renting a mobile home from the owner of the mobile home park where such person shall have executed a written agreement with such mobile home park owner waiving his or her rights to any such benefits. No such waiver shall be valid unless it contains the text of this section, and unless such person shall have executed a written acknowledgement that he or she has read and understands his or her rights pursuant to this chapter and knowingly agrees to waive them.

(c) In order to facilitate the intentions of the homeowners or tenants and an applicant for a change of use with regard to a change of use, the parties may agree to mutually satisfactory relocation assistance. To be valid, such an agreement shall be in writing, shall include a provision stating that the homeowner or tenant is aware of the provisions of this chapter, shall include a copy of this chapter as an attachment, shall include a provision in at least ten-point type which clearly states the right to seek and the importance of obtaining an attorney's advice prior to signing the agreement, and shall be drafted in form and content otherwise required by applicable State law. No person signing a relocation assistance agreement provided for in this subsection may contest the adequacy of the conversion impact report at the hearing on such report. Any person signing such an agreement may rescind it in writing within ten (10) days of signing it. Any such agreement which is procured by fraud, misrepresentation, coercion or duress of any kind shall be void and unenforceable.

(d) No waiver by an eligible mobile home owner or mobile home tenant of any of his or her rights pursuant to this section shall be valid or effective for any purpose except with regard to a relocation assistance agreement as provided in subsection (c) herein.

(e) Any relocation costs 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.

(§ 3, Ord. 550-C.S., eff. April 25, 1990, as amended by § 1, Ord. 561-C.S., eff. December 26, 1990)

(a) Any person who files an application for change of use of a mobile home park may, simultaneously with such application, file an application for total or partial exemption from the obligation to provide relocation costs and assistance pursuant to Section 9-1.106. The owner of a mobile home park as to whom the Director of Community Development and Service has made a determination of change of use pursuant to Section 9-1.104 may also file such an application for exemption not later than thirty (30) days from the transmittal of the notice of determination by the Director of Community Development and Services pursuant to Section 9-1.104.

(b) If such application is filed, notice of such application, with the information contained therein, distribution thereof to the residents of the mobile home park, and discussion of the application at the informational meeting shall be accomplished pursuant to Section 9-1.105.

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

(1) That imposition of the full relocation obligations would eliminate substantially all reasonable use or economic value of the current use of or alternative use of the property;

(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.

(d) Any such application made pursuant to subsection (c)(1) shall contain adequate documentation that the conditions set forth in subsection (c) exist. The Director of Community Development and Services may request such additional documentation, reports and information as he or she deems necessary to evaluate the application. Such information may include:

(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;

(2) The estimated total of relocation costs which would otherwise be required to be provided pursuant to this chapter, which shall be based upon document surveys of available mobile home sites within thirty (30) 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;

(3) 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 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;

(4) Such other information which the applicant believes to be pertinent or which may be required by the Director of Community Development and Services.

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

(§ 3, Ord. 550-C.S., eff. April 25, 1990)

(a) When a request or application has been made or filed for a General Plan amendment, rezoning, tentative map, use permit, site development permit or other discretionary development permit for the proposed change of use of a mobile home park, a public hearing shall be held on the conversion impact report and on any application for exemption from relocation assistance obligations either in conjunction with or prior to the public hearings held by the Planning Commission and City Council on the amendment, rezoning, map, or permits sought. All interested parties may present evidence on any aspect of the proposed conversion or approvals sought.

(b) The Planning Commission's decisions on such permits shall be appealable to the City Council pursuant to this Code, except those approvals in which the Planning Commission acts only as a recommending body.

(c) The Planning Commission shall make a written recommendation to the City Council on the adequacy of the conversion impact report, on any application for exemption from relocation obligations and on the mitigation conditions and reasonable costs of relocation which it recommends as conditions of the requested change of use. Such recommendation shall be transmitted to the City Council in the form of a resolution.

(d) Upon receipt of the Planning Commission's recommendations, the City Council shall hold a public hearing on these matters and shall make of the following determinations:

(1) That the conversion impact report does or does not comply with the requirements of this chapter. If the City Council determines that the conversion impact report does not comply with one or more requirements of this chapter, the City Council shall indicate in which respects the report does not comply with any such requirement. If land use permits for the change of use are approved, the City Council may condition such approvals upon specified amendments to the conversion impact report;

(2) That specified conditions shall be imposed upon the change of use to mitigate adverse impacts upon the ability of displaced homeowners and tenants to find adequate replacement housing in a mobile home park and to require that reasonable costs of relocation be paid as set forth in this chapter.

(e) 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 9-1.107, the City Council shall make one of the following findings:

(1) That the applicant shall not be exempt from relocation assistance obligations because sufficient evidence has not been shown that the costs of relocation which would otherwise be required by this chapter would eliminate substantially all reasonable use or economic value of the property for alternative uses.

(2) 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 imposition of such obligations, in whole or in part, would eliminate substantially all reasonable alternate use or economic value of the property. In mailing 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 costs of relocation, 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 any other pertinent evidence requested or 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 extent thereof.

(f) Where an exemption from relocation assistance has been applied for based upon bankruptcy proceedings pursuant to Section 9-1.107 (c) (2) the City Council shall make one of the following findings:

(1) 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;

(2) That the applicant shall not be exempted 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.

(g) No request or application for an amendment to the General Plan or zoning ordinance, approval of a tentative map, use permit, site development permit or other discretionary development permit for change of use of a mobile home park shall be approved unless and until the City Council shall have first determined that the conversion impact report complies with the requirements of this chapter. The approval of a total 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 requests or amendments 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.

(§ 3, Ord. 550-C.S., eff. April 25, 1990)

After the date of determination that the conversion impact report complies with the requirements of this chapter, 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 9-1.108:

(a) Not later than thirty (30) days from the date of such determination, the housing specialist or specialists shall make personal contact with each resident of the mobile home park and commence consultations to determine the applicable relocation costs and 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 rights to relocation assistance as determined by the City Council under this chapter.

(b) Not less than 120 days prior to the date any resident is required to vacate the mobile home park, any cash or monetary relocation costs required by this chapter shall be paid to such resident, to any former resident eligible for such costs, or to any person, firm or corporation performing relocation related services for the resident, as the resident may direct. If the applicant purchases the mobile home pursuant to Section 9-1.106, the owner of the mobile home shall be required to promptly submit to the applicant all documents necessary to transfer complete title and ownership of such mobile home to the applicant, free and clear of all security interests, liens, or other encumbrances.

(c) The date upon which any resident of the mobile home park is required to vacate such park, or upon which 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 pursuant to Civil Code Section 798.56 (f).

(d) If the owner of the mobile home park, the applicant, homeowner or tenant 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 therefor at the public hearing the conversion impact report. 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 conversion impact report, as the City Council may deem just and reasonable.

(§ 3, Ord. 550-C.S., eff. April 25, 1990)

No parking 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 Director of Community Development and Services a verified statement made under penalty of perjury that relocation assistance payments required pursuant to this chapter have been paid. Such statements 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 has made.

(§ 3, Ord. 550-C.S., eff. April 25, 1990)

In addition to any remedies or penalties for noncompliance with the City ordinance as provided elsewhere in this Code, any park owner or applicant who violates any rights of any homeowner or mobile home tenant established under this chapter shall be liable to said person for actual damages caused by such violation, plus costs and reasonable attorney's fees. In addition, no park owner shall take any willful action to threaten, retaliate against or harass any park resident with the intent to prevent such residents from exercising his or her rights under this article.

(§ 3, Ord. 550-C.S., eff. April 25, 1990)