Chapter 9.52

CONVERSION OF MOBILE HOME PARKS TO OTHER USES

Except as otherwise set forth herein, the definitions contained in Civil Code Section 798.1 et seq., apply to this chapter. As used in this chapter, the following words and phrases shall have the following meanings:

"Applicant" means a person or entity who has filed an application for change of use of a mobile home park.

"Change without new use" refers to what Civil Code Section 798.56(g) describes as a "change of use" that "requires no local governmental permit" other than approval of a relocation impact report.

"Comparable mobile home park" means 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" means the planning director.

"Eligible resident" means a mobile home resident lawfully residing in a mobile home located in the mobile home park on the date of application for change of use.

"Legal owner" means any person or entity having an ownership interest in a mobile home other than the registered owner, such as a lender or mortgagor.

"Mobile home owner" means the registered owner or owners of a mobile home, regardless of the form of ownership.

"Mobile home park owner" or "park owner" means the person, persons or entity that owns the mobile home park, and includes any person or entity authorized by the owner to seek approval of an application for change of use.

(Ord. 886 § 1, 1998)

• A. Change of Use. Except as otherwise provided in Government Code Section 65863.7, prior to a change of use of a mobile home park, a relocation impact report ("RIR") complying with the requirements of this chapter must be filed with the director. It is the park owner's responsibility to comply with the notice requirements of Civil Code Section 798.56(g).

• B. Change without New Use. Government Code Section 65863.7 and Civil Code Section798.56 also require the submission and approval of an RIR even in situations where no other local government permit is required. It is the park owner's responsibility to comply with the requirements of this chapter, and with the notice requirements of Civil Code Section798.56(g)(2).

• (Ord. 886 § 1, 1998)

All RIRs required by this chapter, Civil Code Section 798.56 or Government Code Section 65863.7 shall contain the following information, unless the director determines that any of the following is unduly burdensome to produce when weighed against its informative value:

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City of Palm Desert, CA

PUBLIC PEACE, MORALS AND WELFARE

§ 9.52.030

§ 9.52.050

• A. A detailed description of the proposed change of use or change without new use;

• B. A timetable for proposed conversion of the park;

• C. A legal description of the park;

• D. The number of spaces in the park, length of occupancy by the current tenant of each space and current rental rate for each space;

• E. The date of manufacture and size of each mobile home;

• F. Appraisals Addressing Relevant Issues Identified by the Director. 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. Appraisal information shall be provided on the effect upon the mobile home owner's investment in the mobile home, such as the change in value of affected mobile homes that would result from the proposed change in use;

• G. The results of questionnaires to the household of all eligible residents, and to all mobile home owners that do not reside in the park, regarding the following: whether the resident owns or rents the mobile home; whether this is the only residence; the ages of other members of the resident's household; the purchase date and price paid for the mobile home; the costs incurred by the mobile home owner in improving the mobile home; the amount and relevant terms of any remaining mortgage and the source and range of income of resident. Answering such questionnaire shall be voluntary;

• H. The name and mailing address of each eligible resident, mobile home owner, and legal owner of each mobile home in the park;

• I. A list of comparable mobile home parks within a twenty-mile radius, and a list of comparable mobile home parks within a thirty mile radius, of the applicant's mobile home park. For each comparable park, the list should, if possible, include 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; and any additional information relevant to the establishment of appropriate relocation compensation.

• J. Estimates from at least two moving companies as to the minimum and per mile cost of moving each mobile home, including tear-down and set-up of mobile homes and moving of improvements such as porches, carports, patios and other moveable amenities installed by the residents.

• K. Proposed measures to mitigate the adverse impacts of the conversion upon those affected. (Ord. 886 § 1, 1998)

An RIR shall not be considered filed, within the meaning of Government Code Section 65863.7, until the applicant has caused to be submitted to the director both an RIR which the applicant believes meets the requirements of this chapter, and a written statement that such RIR is being filed pursuant to Government Code Section 65863.7.

(Ord. 886 § 1, 1998)

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City of Palm Desert, CA § 9.52.050

PALM DESERT CODE

§ 9.52.070

Once an RIR has been filed with the director, the applicant shall thereafter, in addition to the notice requirements of Civil Code Section 798.56(g), give notice to all known prospective mobile home purchasers and prospective mobile home residents within the park, and in all cases prior to execution of any new rental agreement, that the application has been filed. (Ord. 886 § 1, 1998)

• A. An applicant may file a request for total or partial exemption from the obligation to provide relocation assistance, based upon the following grounds:

  1. That imposition of any, or of a particular, relocation obligation would eliminate substantially all reasonable use or economic value of the property for alternate uses. The request shall include, at a minimum, an estimate of the value of the property by a qualified real estate appraiser as to its value if the park were permitted to be developed for the use proposed in the application, its value if developed for alternative uses consistent with applicable zoning, and an estimate of the value of such park if use of the property as a mobile home park is continued;

  2. That the park is exempt from the requirements of relocation assistance under state law governing changes of use of mobile home parks. The request shall specify the provisions of state law pursuant to which the exemption is claimed and documentation demonstrating entitlement to such exemption;

  3. That relocation assistance would exceed the limitations imposed by Government Code Section 65863.7(e). The request shall specify the particular relocation obligations which would cause this result.

• B. If a request for exemption is filed, notice thereof, including the grounds for the request, shall be given to mobile home owners, legal owners, and eligible residents in the same manner as provided in this chapter for notice of public hearing.

• (Ord. 886 § 1, 1998)

• A. Upon the filing of an RIR, the director shall examine the same and advise the applicant in writing within thirty 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 sixty days after the date of acceptance. For purposes of this section, the director may, upon the applicant's request, deem an RIR complete and proceed to set the time and date of hearing, even though all of the appraisals have not yet been completed, or the applicant has not yet received a response to all questionnaires, provided that all appraisals shall thereafter be completed and submitted at least thirty days prior to the hearing, along with any additional questionnaire responses the applicant has received.

• B. Not less than thirty days prior to the hearing, the applicant shall, by certified mail or personal delivery, transmit to at least one mobile home owner, all legal owners and at least one adult eligible resident of each mobile home in the mobile home park a copy of the RIR and notice of the time, date and place of the public hearing.

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City of Palm Desert, CA

PUBLIC PEACE, MORALS AND WELFARE

§ 9.52.070

§ 9.52.100

• C. Not less than fifteen days prior to the hearing, the applicant shall file with the director a verification that the applicant has complied with the notice provisions of this section, and has complied with the notice provisions of this section and of Government Code Section 65863.7.

• (Ord. 886 § 1, 1998)

Upon review of an application and RIR, and a request for exemption if applicable, and upon consideration of the written and oral evidence received at the hearing, the planning commission shall render its findings and advisory recommendations to the city council. The advisory decision may include recommendations, including a timetable for payment, as to reasonable measures, not exceeding the reasonable costs of relocation, to mitigate the adverse impacts on eligible residents being displaced, and on mobile home owners who may have to move their mobile homes to a new site. Such mitigation measures may include:

• A. Payment of the cost of physically moving the mobile home to a new site, including teardown and setup of mobile homes and moveable improvements, such as carports, patios and porches; and payment of costs associated with comparable landscaping.

• B. Payment of a lump sum based on consideration of any increase in security deposit at the new mobile home park which the eligible resident or mobile home owner lacks the reasonable ability to pay;

• C. 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;

• D. Provision of a replacement space within a reasonable distance from the space being closed;

• E. In the event relocation is not reasonably possible, payment of a lump sum based upon consideration of the value of the mobile home, including improvements.

• (Ord. 886 § 1, 1998)

The application and RIR, and the request for exemption if applicable, shall be set for hearing before the city council within thirty days of the date of the planning commission decision. The city council, after review and consideration of the application, RIR, and request for exemption (if any), and consideration of the written and oral evidence received at the hearing, shall by resolution render its findings and decision within sixty days. Pursuant to Government Code Section65863.7, the city council may impose reasonable measures not exceeding the reasonable costs of relocation to mitigate the adverse impacts of the change of use upon mobile home owners and eligible residents. Pursuant to Code of Civil Procedure Section 1094.6, the statute of limitations for bringing judicial challenge to any decision concerning a change of use of a mobile home park shall be ninety days and notice of the city's decision shall include notice that the ninety-day period in Section 1095.6 is applicable. (Ord. 886 § 1, 1998)

• A. The applicant shall execute and record a certificate, and file proof thereof with the director,

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City of Palm Desert, CA § 9.52.100

PALM DESERT CODE

§ 9.52.110

accepting the mitigation measures imposed on the approval of a change of use within ninety days of the final council action approving the change of use. The applicant shall comply with the notice requirements set forth in Civil Code Section 798.56(g). Failure to so record an acceptance, or failure to comply with said notice requirements, shall render an approval of change of use null and void.

• 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.

• C. All mitigation measures shall be fully performed as to each mobile home owner and eligible resident prior to the required vacation of the mobile home park, unless otherwise provided in the mitigation measure.

• D. No prospective or existing mobile home park tenant may be required to sign a waiver, or a lease or rental agreement that includes a waiver, of their rights under this chapter.

• E. Modification. After the applicant has recorded a certificate of acceptance, modification of the mitigation measures imposed 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 has become available which could not reasonably have been known or considered at the time of the hearings on the application. Any application for modification shall be subject to the notice and hearing requirements of this chapter in the same manner as an initial application.

• (Ord. 886 § 1, 1998)

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.

(Ord. 886 § 1, 1998)

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City of Palm Desert, CA

PUBLIC PEACE, MORALS AND WELFARE

§ 9.56.010

§ 9.56.020