Rosemead Municipal Code Ch. 17.46 Mobile Home Parks and Park Conversions

For the purpose of carrying out the intent of this Section:

"Applicant" means the person(s), firm(s), entity(ies) or corporation(s) applying for any application for the purpose of converting, changing to another use, closing, or ceasing to use land as a mobile home park. 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.

"Cessation of Use of Land as Mobile Home Park" means a decision by the owner(s) of a mobile home park to discontinue the use of the property as a mobile home park which was not the result of an adjudication of bankruptcy.

"City Council" means the City Council of the city of Rosemead or its designated advisory body.

"Commercial Modular", as defined in the Health and Safety Code Section 18001.8, means a structure transportable in one or more sections, designed and equipped for human occupancy for industrial, professional, or commercial purposes, which is required to be moved under permit, and shall include a trailer coach as defined in Section 635 of the Vehicle Code.

"Commercial Coach" has the same meaning as "commercial modular" as that term is defined in this section.

"Comparable Housing" means housing that is equivalent in terms of amenities, condition, location, price and size (floor area and number of bedrooms) to the mobile home to which comparison is being made.

"Comparable Mobile Home Park" means a mobile home park that is equivalent in terms of amenities, condition, location and rental price to the mobile home park to which comparison is being made.

"Conversion Impact Report" means a report, meeting the requirements of this section, describing (i) the impacts of a mobile home park conversion on affected mobile home owners and residents; and (ii) the measures that will be taken to mitigate adverse impacts of such conversion on affected mobile home owners and residents.

"Conversion of a Mobile Home Park" means changing the 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 used for human habitation. Such a conversion may affect an entire mobile home park or any portion thereof. A conversion shall include, but is not limited to, a change of any existing mobile home park or any portion thereof to condominium, stock cooperative, planned unit development, or any form of ownership wherein spaces within the mobile home park are to be sold, and the cessation of use of all or a portion of the park as a mobile home park, whether immediately or on a gradual basis, or the closure of the park.

"Conversion" shall not include the purchase of the park by its existing residents. The provisions of Government Code Section 66427.5 shall apply in that circumstance.

"Enforcement Agency" means the Community Development Director of the City or a duly appointed representative.

"Mobile Home" means a trailer, transportable in one or more sections; that is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974; that is over eight feet in width and forty (40) feet in length, with or without a permanent foundation and not including recreational vehicle, commercial coach or factory-built housing. A mobile home on a permanent foundation is included under the definition of "Single-unit dwelling."

"Mobile Home Owner" means the registered owner or owners of a mobile home.

"Mobile Home Park" as used in this Section, shall have the same meaning as defined in the Health and Safety Code Section 18214.

"Mobile Home Park Owner" or "Park Owner" means the owner, lessor, operator or manager of a mobile home park in the city of Rosemead.

"Mobile Home Resident" or "Resident" includes the following: the registered owner or owners of a mobile home, who has a tenancy in a mobile home park under a rental or lease agreement (whether or not the owner(s) occupy such mobile home) or a member of the immediate household of the mobile home owner (provided such member resides within the mobile home), 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.

"Mobile Home Space" means any area, tract of land, site, lot, pad, or portion of a mobile home park designated or used for the occupancy of one mobile home.

"Park" means any plot of ground, area or tract of land upon which two or more mobile homes are located and occupied for dwelling or sleeping purposes whether or not a charge is made for such accommodations. This subsection shall not be construed to include automobile, motor home, or mobile home sales lots on which unoccupied vehicles are parked for the purposes of inspection and sale.

"Trailer Park" means an area of land where two or more trailer spaces are rented, or held out for rent, to accommodate trailers used for human habitation, and where the predominant number of spaces is occupied for nine or more consecutive months.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

The requirements of this section shall not apply to mobile home parks in existence at the time of the adoption of this Section unless such mobile home park desires to increase the number of mobile home spaces. In such event, the park shall be required to apply for a conditional use permit and comply with each of the requirements of this Section.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

The provisions of this Section shall apply to Mobile Home Parks and Park Conversions as defined in Section 17.46.010 (Definitions) and where allowed in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone Specific Standards).

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Construction of mobile home parks are subject to the California Code of Regulations, Title 25, Division 1 and operation of a mobile home park is subject to the California Civil Code Section 798 et seq. (Mobile home Residency Law) and the California Health and Safety Code Section 18000 et seq. (Mobile homes-Manufactured Housing Act of 1980). The city of Rosemead will not grant occupancy until applicant submits proof that all requirements of the State law and the following City development standards have been satisfied.

A. Mobile Home Space Minimum. Each mobile home space shall consist of at least three thousand (3,000) square feet.

B. Recreation Area. At least one hundred (100) square feet of the park shall be devoted to recreational uses for each dwelling unit. Any structure devoted to recreational uses shall be permanent and may not consist of a mobile home.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A. Purpose. The purpose of this Section is to provide regulations for the conversion, closure, or cessation of use of mobile home parks, which assures that no undue financial hardship to residents are incurred by mobile home park conversion, while recognizing the rights of park owners to pursue changes in land use.

B. Conversion Impact Report Required. Any applicant for a conversion of a mobile home park to any other use as defined by the section shall be required to submit a Conversion Impact Report to the Community Development Director or his designee at the same time notice of the change of use is given to mobile home resident(s) per Civil Code Section 798.56, which is not less than twelve (12) months prior to the park owner's planned change of use.

C. Notification of the Mobile Home Park Residents. Upon providing a Conversion Impact Report, the Community Development Director or his designee(s) shall inform the applicant of the requirements of Civil Code Section 798.56 and Government Code Section 65863.8 regarding notification of the mobile home park residents concerning the proposed conversion. The Community Development Director or his designee(s) shall specify in writing to the applicant the information that must be submitted in order to adequately notify all existing residents as required by the California Government Code, the California Civil Code, and this section. Notification, including a copy of the Conversion Impact Report, to residents and mobile home owners shall be made at least fifteen (15) days prior to any hearing on the application. No hearing on the application shall be held or any other action on the application taken until the applicant has provided to the City satisfactory verification that the required notice has been provided.

D. Review of the Conversion Impact Report. No public hearing on the Conversion Impact Report will occur until the Conversion Impact Report has been reviewed by the Community Development Director or his or her designee(s) for substantial conformance with the requirements of this Section.

E. Required Contents of the Conversion Impact Report. At a minimum, the Conversion Impact Report shall include the following, as well as any other information deemed necessary and appropriate by the Community Development Director or his or her designee(s):

1. A detailed narrative description of the proposed use to which the mobile home park is to be converted.

2. The proposed timetable for implementation of the conversion and development of the site.

3. A detailed description of the mobile home spaces within the mobile home park, including, but not limited to:

a. The total number of mobile home spaces in the park and the number of spaces occupied.

b. The length of time each space has been occupied by the present resident(s) thereof.

c. The age, size, and type of mobile home occupying each space.

d. The monthly rent currently charged for each space, including any utilities or other costs paid by the present resident(s) thereof.

e. Name and mailing address of the resident(s) of each mobile home within the mobile home park as well as the mobile home owner (for each mobile home that is not owner-occupied) on three sets of gummed labels for the mailing of notice of public hearings.

4. A list of all comparable mobile home parks within the city of Rosemead and within fifty (50) miles of the City. This list shall include the age of the mobile home park and the mobile homes therein, range of rental rates for each park listed and the criteria of the management of each park for acceptance of new residents and used mobile homes. Information pertaining to the availability of medical and dental services, shopping facilities, and all nearby social and religious services and facilities shall also be included.

5. A detailed analysis of the impact of the relocation on the residents including comparisons of current rents paid and rents to be paid at comparable mobile home parks within the 50-mile relocation zone, the estimated costs of moving a mobile home and/or personal property, and any direct or indirect costs associated with a relocation to another mobile home park or any other type of housing unit.

6. A list of the names, addresses and telephone numbers of one or more housing specialists, with an explanation of the services the specialists will perform at the applicant's expense for the residents to be displaced. These services shall include, but not be limited to, assistance in locating a suitable replacement mobile home park, assuring that residents without cars are driven, by means of suitable transportation at no cost to the resident, to inspect replacement spaces or homes and otherwise take reasonable steps to assist any disabled or handicapped residents with relocation-related activities, coordination of moving the mobile home and personal property, and any other tasks necessary to facilitate the relocation to another comparable mobile home park.

7. A relocation plan for residents of the mobile home park and provide, at a minimum, for the following:

a. The names, addresses, telephone numbers, and fee schedules of at least three independent third parties in the area who are qualified as an appraiser of mobile homes for the purpose of financing or sale.

b. The names, addresses, telephone numbers, and fee schedules of persons in the area qualified as mobile home movers.

c. Provisions for the applicant to pay all reasonable costs of relocation as would be charged by a professional mover to a comparable mobile home park within the city of Rosemead or within fifty (50) miles of the City to any mobile home owner at the time a Conversion Impact Report is submitted. The reasonable cost of relocation shall include the cost of relocating a displaced homeowner's mobile home, accessories, and possessions, including the costs for disassembly, removal, transportation, and reinstallation of the mobile home and accessories at the new site, and replacement or reconstruction of the blocks, skirting, siding, porches, decks, awnings, storage sheds, cabanas, 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 to the date of occupancy at the new site; and payment of any security deposit required at the new site. When any resident has given notice of his or her intent to move prior to an approved Conversion Impact Report, eligibility to receive moving expenses shall be forfeited.

d. Identify those mobile homes that cannot be relocated to a comparable mobile home park within the city of Rosemead or within fifty (50) miles of the City and the mobile home owner has elected to sell his or her mobile home. The relocation plan shall identify the reasons why the mobile homes cannot be relocated. In those circumstances the applicant shall be required to purchase the mobile home of a displaced home owner at the appraised fair market value of the mobile home itself, as well as appliances, accessories, and appurtenant structures, as a part of the reasonable cost of relocation as provided for in Government Code Section 65863.7(e). The fair market value shall be determined by an independent third party who is qualified as an appraiser of mobile homes for the purpose of financing or sale. "Fair market value" means the probable price which a mobile home would bring in a competitive and open market under all conditions requisite to a sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by any undue stimulus. "Fair market value"' does not include any "in-place" value, or value attributable to its continued siting on the rented space at the mobile home park. If a dispute arises as to the appraised value of a mobile home, the applicant and the homeowner shall have appraisals prepared by separate qualified appraisers of mobile homes with experience in establishing the value of mobile homes for the purpose of financing or sale. The cost for both appraisals shall be paid for by the mobile home park owner. The fair market value shall be based upon the average of the appraisals submitted by the applicant and mobile home owner.

e. Notwithstanding any other provision of this section, as an alternative to the requirements of this Section, the mobile home owner and mobile home park owner may agree to mutually satisfactory conditions. Compliance with said agreement by the mobile home park owner shall constitute compliance with this Section. 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 12-point type which clearly informs the resident that they have the right to seek the advice of an attorney of their choice prior to signing the agreement with regard to their rights under such agreement and shall be drafted in the form and content otherwise required by applicable state law.

F. Public Hearing. A hearing shall be held before the City Council or its designated advisory body on the Conversion Impact Report prior to the eviction of any mobile home resident pursuant to this section. (If the Council designates an advisory body, all responsibilities of the Council with respect to the public hearing shall be the responsibility of the advisory body.) At this hearing, the City Council shall review the application documentation. At the conclusion of the hearing, the City Council shall either accept the Conversion Impact Report as complete or add additional mitigation measures pursuant to California Government Code Section 65863.7(e) provided those measures do not exceed the reasonable cost of relocation. The public hearing shall be held not later than ninety (90) days prior to the date provided in the notice of closure to the residents of the mobile home park.

G. Decision Regarding Conversion Impact Report.

1. At the public hearing, the City Council shall approve, conditionally approve or reject a proposed Conversion Impact Report. The City Council shall approve or conditionally approve a Conversion Impact Report if it finds that the Conversion Impact Report contains, or has been conditioned to contain, reasonable measures to mitigate the adverse impacts of the mobile home park conversion on affected mobile home owners and residents. The City Council in making its decision on the Conversion Impact Report shall consider all relevant factors, including, but not limited to, the prior history of rent adjustments for the affected mobile home owners and residents.

2. The City Council may impose conditions in connection with its approval of a Conversion Impact Report. Such conditions may include, but are not limited to, payments to affected mobile home owners and residents to mitigate the following expenses as applicable to each particular mobile home owner having a mobile home in the mobile home park.

a. The expense of relocating the mobile home to a comparable mobile home park. The amount of such payment shall be based upon consideration of moving, tear-down and set-up costs. Moving costs include the cost of moving the mobile home and the cost of moving associated relocatable mobile home improvements. Set-up costs include the cost of connecting utilities at the replacement mobile home park and the cost of any upgrades required to comply with applicable laws.

b. The expense of forfeiting the mobile home. The amount of such payment shall be based upon consideration of the fair market value as described in this Section.

c. The expense of assuming tenancy in a comparable mobile home park. The amount of such payment shall be based upon consideration of the following:

1. Moving costs.

2. First month's rent, last month's rent and security deposit at the replacement mobile home park.

3. Differential as of the date of relocation between rental rates at the mobile home park being converted and the replacement mobile home park during the first year of relocation (twelve (12) months), or the differential as of the date of relocation between the space rental rate identified in the Fair Market Rents for Manufactured Home Spaces for Los Angeles-Long Beach in the Section 8 Housing Choice Voucher Program published by HUD (or such successor index published by HUD) and the replacement mobile home park during the first year of relocation. The calculation yielding the greater rental subsidy shall be used.

d. The expense of assuming tenancy in comparable housing. The amount of such payment shall be based upon consideration of the following:

1. Moving costs.

2. First month's rent, last month's rent, and security deposit at the replacement housing.

3. Differential as of the date of relocation between the rental rate at the mobile home park being converted and the comparable housing during the first year of relocation (twelve (12) months), or the differential as of the date of relocation between the space rental rate identified in the Fair Market Rents for Manufactured Home Spaces for Los Angeles-Long Beach in the Section 8 Housing Choice Voucher Program published by HUD (or such successor index published by HUD) and the replacement comparable housing during the first year of relocation. The calculation yielding the greater rental subsidy shall be used.

e. The conditions imposed in connection with approval of a Conversion Impact Report shall not exceed the reasonable costs of relocation. Conditions shall only be imposed in order to ensure that the applicant/mobile home park owner adequately mitigates adverse impacts of the mobile home park conversion on affected mobile home owners and residents. In imposing conditions, the City Council shall interpret and apply this Section in a manner consistent with applicable law.

H. Notice and Distribution of Conversion Impact Report Prior to Public Hearing. Not less than fifteen (15) days prior to a scheduled hearing before the City Council, the owner of the mobile home park shall transmit to the mobile home owner and resident of each mobile home occupying a space within the mobile home park a copy of the Conversion Impact Report, a copy of this Section, and notices of the dates, times and places of the public hearings or any informational meetings and shall inform each mobile home owner that he or she has the right to appear to object to the failure to meet the requirements of this section with respect to his or her home's relocation. The copies provided shall be free of charge. Proof of service of distribution of the impact report to each resident must be filed by the applicant with the City Manager or his or her designee(s) seven days prior to the hearing and shall be signed under penalty of perjury. A hearing shall not be held until the applicant has satisfactorily verified to the City that all persons have received proper notifications.

I. Required Findings at Public Hearing. In approving a Conversion Impact Report for a mobile home park conversion, the City Council shall find that the proposed conversion meets the following requirements in addition to the other requirements of this Section.

1. The proposed use of the property is consistent with the General Plan and any and all of its elements, any applicable specific plan or planned development plan or similar mechanism provided for in state law or city ordinances and this section.

2. The residents of the mobile home park have been adequately notified of the proposed conversion, including information pertaining to the anticipated timing of the proposed conversion.

3. The applicant has substantially complied with the required contents of its Conversion Impact Report including that any mobile home resident displaced as a result of the conversion shall be compensated by the applicant for all reasonable costs incurred as a result of their relocation.

J. Modification of Approved Conversion Impact Report.

1. The City Council may, upon request of applicant and after holding a public hearing, modify the provisions of an approved Conversion Impact Report. A modification may be approved where the City Council finds that there has been a change in circumstances, or there is new information that could not have reasonably been known or considered at the time of the original hearing on approval of the Conversion Impact Report.

2. The City Council may impose additional conditions as deemed necessary to mitigate any adverse impacts resulting from a modification of an approved Conversion Impact Report.

K. Expiration of Conversion Impact Report.

1. An approved Conversion Impact Report shall expire according to the expiration date listed in the Conversion Impact Report, unless an extension is granted prior to such date pursuant to this Section.

2. The City Council may, upon request of the applicant and after holding a public hearing, extend the term of an approved Conversion Impact Report. An extension may be granted where the City Council finds that expiration of the Conversion Impact Report would constitute an undue economic hardship to the applicant.

3. The City Council may impose additional conditions as deemed necessary to mitigate any adverse impacts resulting from an extension. The City may grant multiple extensions of an approved Conversion Impact Report but no single extension shall have a duration in excess of one year.

L. Nullification of Impact Report. The City Council may, upon request of the Community Development Director or his designee and after holding a public hearing, order an approved Conversion Impact Report null and void. No nullification shall be ordered unless the City Council makes either of the following findings:

1. Approval of the Conversion Impact Report was obtained fraudulently.

2. The applicant has failed to comply with the mitigation measures set forth in, or the conditions imposed in connection with, the approved Conversion Impact Report.

M. Appeal. Any City Council decision pursuant to this Section is final. In the event the City Council designates authority to implement this section to an advisory body, all decisions of the advisory body shall be subject to appeal to the City Council as provided for in the provisions covering appeals to the Council from the Planning Commission.

N. Processing Fees. Each applicant seeking City approval, modification or extension of a Conversion Impact Report shall pay a nonrefundable application deposit in an amount established by City Council resolution. In addition, the applicant shall reimburse the City for all costs, including staff time and attorney's fees, incurred in processing and reviewing the applicant's Conversion Impact Report.

O. Issuance of Grading and/or Building Permits. No building permit shall be issued for the development of or on any real property which is being converted from a mobile home park pursuant to this section unless and until the applicant has filed with the Community Development Director or his designee(s) a verified statement made under penalty of perjury that the terms set forth by the City Council at the public hearing have been met or otherwise incorporated into the final project plans including the payment of all required relocation assistance required pursuant to this section. Such statement shall identify 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.

P. Exceptions to Required Relocation Assistance. This Section shall not apply in the following situations:

1. The California Department of Housing and Community Development suspends or revokes a permit pursuant to Health and Safety Code Section 18510.

2. The resident received actual written notice from the owner of the mobile home park prior to entering into oral or written agreement to become a resident that an application to convert the mobile home park to another use was on file with the City or had already been approved.

Q. Notification to City of Termination of Tenancy.

1. After the receipt of a City Council approved Conversion Impact Report, the mobile home park owner shall serve, by personal service or by United States mail, written notice to the City's Community Development Director or his designee(s) of the notice of termination of tenancy as required by California Civil Code Section 798.56.

2. The notice shall be accompanied by a statement that the applicant/mobile home park owner has provided all relocation assistance required by the Conversion Impact Report, City Council, and State law, accompanied with proof of such assistance in the form of notarized signed acknowledgements from the recipients thereof or a notarized signed waiver of assistance. The Community Development Director or his designee shall verify the validity of such statement.

3. If applicant/mobile home park owner fails to substantially comply with this subsection, as determined by the City Community Development Director or his designee(s), the City Community Development Director or his designee(s) shall forthwith notify all other appropriate City departments and officials of such noncompliance. These departments and officials shall not issue, grant or approve any application or request for any permit, license or other entitlement of use (including, but not limited to, a building permit, conditional use permit, zone change, variance, certificate of occupancy, tract or parcel map) for any change of use.

R. Rental Increase Limits During Conversion Process. From the date of delivery of the 12-month notice required by California Civil Code Section 798.56 through the date of relocation for a particular space, rental increases for such space shall be limited by the change in Consumer Price Index for All Urban Consumers in the Los Angeles/Anaheim/Riverside area for the 12-month period immediately preceding the date of the notice, unless and until the mobile home park owner withdraws a submitted Conversion Impact Report.

S. Conflicts with Other Laws. In the event the provisions of this Section conflict with any code, ordinance or regulation of the City, the provisions of this Section shall govern. In the event any provisions of this Section conflict with a provision of State law, this section shall be interpreted and applied in conformity with State law.

T. Violations. In addition to any remedies or penalties for noncompliance with any City Ordinance as provided elsewhere in the Municipal Code, any mobile home park owner or applicant who violates any rights of any mobile home owner or mobile home resident established under this section shall be liable to said person for actual damages caused by such violation, plus costs and reasonable attorney's fees. In addition, no mobile home 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 Section.

(Ord. No. 931, § 5(Exh. A), 10-22-13)