Article 17 — Mobilehome Park Closure Permit Requirements

(Add Ord. 3873—10/4/88)

8117-0 - Purpose.

Mobilehome parks offer affordable ownership housing to the citizens of Ventura County, especially to residents over the ages of 62, many of which are on fixed or limited incomes. Mobilehome parks are a relatively low intensity land use, and in growing urban areas, older parks are coming under economic pressure to redevelop to more profitable uses. In these urban areas and throughout the County, vacant mobilehome park spaces are usually rare. Park residents evicted because of change of use of the park may be unable to find space in other parks to move their home to, or cannot afford the move even if a space were available. For these reasons, it is deemed necessary to protect the owners of mobilehomes from unreasonable evictions and undue financial hardship from a mobilehome park closure, while at the same time recognizing the rights of park owners to pursue changes in land use.

8117-1 - Definitions.

Unless the provision or context otherwise requires, the definitions of words and terms as follows shall govern the construction of this Article.

"Mitigation" or "Measures to Mitigate" as used in this ordinance are measures to alleviate adverse impacts of the conversion, closure, or cessation of a mobilehome park, including but not limited to: relocation of mobilehomes to another park; payment of security deposits; reimbursement of utility connection fees; moving expenses; purchase of mobilehomes which can't be moved or other related moving assistance for residents of a park.

"Mobilehome." A structure with dimensions larger than eight (8) feet by forty (40) feet or a size larger than three hundred twenty (320) square feet designed for human habitation, transported over streets and highways to a permanent occupancy site, and installed on the site either with or without a permanent foundation. A recreational vehicle shall be treated as a mobilehome under this Article, provided it has been used as a principal residence for nine consecutive months.

"Mobilehome Park," "Trailer Park" or "Park." An area of land where two or more spaces are rented or leased for mobilehomes used as residences. Mobilehome park does not include County park campgrounds and County parking meter zones.

Mobilehome Park Closure, Conversion or Change of Use. Mobilehome park closure, conversion or change of use means changing the use of a mobilehome park such that it no longer contains occupied mobile or manufactured homes, as described in and regulated by Government Code Section 66427.4. Such conversions are governed by this Article 17.

"Mobilehome Park Conversion to Resident Ownership." Mobilehome park conversion to resident ownership means the conversion of a mobilehome park composed of rental spaces to a condominium or common interest development, as described in and/or regulated by Government Code Section 66427.5 and/or Section 66428.1. Unless otherwise provided therein, such conversions are governed by Article 13 of Division 8, Chapter 2 of the Ventura County Ordinance Code.

Mobilehome park conversion to resident ownership means the conversion of a mobilehome park composed of rental spaces to a condominium or common interest development, as described in and/or regulated by Government Code Section 66427.5 and/or Section 66428.1. Unless otherwise provided therein, such conversions are governed by Article 13 of Division 8, Chapter 2 of the Ventura County Ordinance Code.

"Mobilehome Park Owner" or "Owner." The owner, lessor, operator, or manager of a mobilehome park in the unincorporated area of Ventura County.

"Mobilehome Tenant" or "Resident." Any person entitled to occupy a mobilehome or recreational vehicle which is located within a mobilehome or trailer park in the unincorporated area of Ventura County.

"Recreational Vehicle." A vehicle for human habitation, which is self-propelled or towed by a light-duty vehicle, in which the plumbing, heating, and electrical system contained therein may be operated without connection to outside utilities.

"Space Rent." The consideration, including any security deposits, bonuses, benefits, or gratuities demanded or received in connection with the use and occupancy of a space in a mobilehome or trailer park, or for housing services provided, but exclusive of any amount paid for the use of a mobile dwelling unit, or utility charges or trash charges which are billed to units separately whether or not the units are individually metered. "Space rent" does not include reasonable user fees for services actually rendered to some, but not all, of the residents of a park.

(Am. Ord. 4382—3/18/08)

8117-2 - Exemptions.

The following mobilehome parks or portions thereof are exempt from the provisions of this Article.

a.

Mobilehome or trailer parks managed or operated by the United States Government, the State of California, or the County of Ventura.

b.

Mobilehome or trailer parks used for farm labor housing.

c.

Those sections of existing parks utilized for recreational vehicles which have an approved permit identifying a separate area with reduced size spaces specifically designated for Recreational Vehicles, provided the permit was approved prior to the effective date of this Ordinance.

d.

Mobilehome park spaces rented for non-residential uses.

e.

Recreational vehicle parks specifically designed for recreational vehicles.

f.

Closure or cessation of use of a mobilehome park resulting from an adjudication of bankruptcy.

8117-3 - Mobilehome park closure permit.

Except as otherwise provided by law, prior to the conversion of a mobilehome park to another use, or prior to the closure of a mobilehome park or the cessation of the use of land as a mobilehome park, in whole or in part, a Mobilehome Park Closure Permit must be obtained pursuant to provisions of this Article.

8117-4 - Notice to residents.

Prior to filing of an application for a mobilehome park closure permit, the park owner shall provide at least 60 days of written notice to all residents and mobilehome owners that the park is being proposed for closure. A copy of the required notice shall be obtained from

the Planning Division. No other notice shall be used unless prior approval by the Planning Manager is given. The park owner shall continue to give said notice to all new and potential residents throughout the closure permit process.

8117-5 - Mobilehome park closure permit application procedures.

A person or entity seeking to convert a mobilehome park to another use, or to close a mobilehome park or to cease a use of land as a mobilehome park, in whole or in part, shall apply for a Mobilehome Park Closure Permit on forms provided by the Resource Management Agency's Planning Division. The application shall be accompanied by the appropriate fee listed in the Land development processing fee schedule to cover costs of processing the request in accordance with Section 8111-3 of the Ventura County Ordinance Code.

8117-6 - Application filing requirements.

The application shall be accompanied by the following:

a.

Concept Plan—A plan indicating the proposed 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.

b.

Site Plan—A site plan of the existing mobilehome park showing the existing layout, with all existing mobilehome spaces identified by number and indicating whether the space is currently occupied, and other site features.

c.

Residents List—A list of the names and addresses of all current residents of the mobilehome park.

d.

Housing and Financial Impact Report—A report on the housing and financial impacts of the removal of the mobilehomes upon all displaced residents including:

(1)

Rental rate history for each space for the previous five years;

(2)

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

(3)

Makeup of existing resident households, including family size, length of residence, age of residents, estimated household income, and whether they are receiving federal or State rent subsidies;

(4)

The date of manufacture, size and condition of each mobilehome in the park;

(5)

An analysis of moving existing mobilehomes which shall include, but not be limited to, the availability of other sites; the total costs of relocating mobilehomes to a new location; and the feasibility of existing mobilehomes being accepted at other locations.

e.

Relocation Assistance Plan—A plan which clearly 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 mobilehome park who would be displaced thereby. Displaced residents must be provided with relocation benefits that bear a relationship to the cost of displaced residents' finding alternative housing. Relocation benefits shall be determined on a case by case basis. With regard to mobilehomes which cannot be

moved to another mobilehome park, consideration shall be given to the purchase of such mobilehomes by the applicant at their appraised fair market value as determined by an independent appraiser utilizing principles applicable in relocation matters. The foregoing applies when the mobilehome owner resides in the unit. However, a nonresident mobilehome owner shall not be eligible for any other relocation benefits except those associated with the relocation or purchase of a qualifying mobilehome.

Persons who own mobilehomes or who are tenants in the mobilehome park at the time notice of closure is given will be eligible for relocation assistance as determined in the finally approved Relocation Assistance Plan. Persons who become mobilehome owners or tenants after the time notice is provided pursuant to Section 8117-4 may be only eligible for partial relocation assistance as determined in the Relocation Assistance Plan as finally approved.

f.

Proof of Service of Notice—The applicant shall provide evidence, by proof of service or by other means, that he/she has given the notice required by Section 8117-4 to all applicable residents and mobilehome owners, and continues to give such notice to all new potential residents.

g.

List of Surrounding Property Owners—A list of all real property owners within a radius of 300 feet of the exterior boundaries of the Assessor Parcel(s) which is subject of the application. Names and addresses shall be obtained from the latest equalized assessment roll.

h.

Other Information—The applicant shall provide any other information which the Planning Director reasonably believes is necessary for the purposes of properly evaluating the Mobilehome Park Closure Permit request.

(Am. Ord. 4054—2/1/94)

8117-7 - Completeness of application.

Not later than 45 calendar days after an application has been filed, the applicant shall be notified in writing as to whether the application is complete or incomplete for application purposes. If the submittal is determined to be incomplete, the applicant shall be notified in writing of the reasons for such determination and of the information needed to make the application complete.

8117-8 - Review of supplemental information.

If an application is deemed incomplete and the applicant subsequently submits all the required information, the application is then treated as if it were a new filing, and the 45-day review period begins on the day that the supplemental information is submitted.

8117-9 - Termination of incomplete application.

Upon written notification to the applicant, processing of an incomplete application may be terminated if no reasonable effort has been made by the applicant to complete the application for a period of six months from the date of notification of incompleteness. All unused fees shall be refunded to the applicant.

8117-10 - Service of housing and financial impact report and relocation assistance plan.

The Planning Division shall provide a notice of the hearing date and location, along with a copy of the Housing and Financial Impact Report and Relocation Assistance Plan to each resident of the mobilehome park thirty (30) days prior to the Board of Supervisors hearing on the Mobilehome Park Closure Permit application. All costs for duplication of said Impact Report and Relocation Assistance Plan shall be borne by the applicant.

8117-11 - Hearing on the mobilehome park closure permit.

Hearings shall be held on the Mobilehome Park Closure Permit application before the Ventura County Planning Commission and the Board of Supervisors. The Planning Commission shall make recommendations to the Board, and the action by the Board shall be final. The Board shall only approve the Mobilehome Park Closure Permit if it finds that:

a.

The conversion, closure, or cessation of use of the land as a mobilehome park will not be substantially detrimental to the housing needs and public interest of the affected neighborhood and of the County as a whole; and

b.

The measures to reasonably and adequately mitigate any adverse impact of the proposed conversion, closure, or cessation of use on the mobilehome park residents who will be displaced are incorporated as conditions of permit approval.

8117-12 - Denial for incompleteness.

If either the Housing and Financial Impact Report or Relocation Assistance Plan are found to be inadequate, insufficient, or incomplete, the Mobilehome Park Closure Permit may be denied without prejudice. If the applicant thereafter cures the deficiencies, the applicant may re-apply and provide any necessary fee deposits.

8117-13 - Application of permit conditions.

Reasonable conditions may be imposed by the Board to mitigate adverse impacts on mobilehome park residents who will be displaced by these measures include but are 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. In no case shall the measures required to be taken to mitigate any impacts exceed the reasonable costs of relocation to another mobilehome park.

8117-14 - Notice of approval of mobilehome park closure permit.

Written notices will be mailed to all residents residing in the mobilehome park by County staff within 10 days after the approval of a Mobilehome Park Closure Permit. Such notice will either include all of the conditions of approval of the Mobilehome Park Closure Permit, or a statement where the conditions of approval can be publicly viewed and/or purchased.

8117-15 - Denial of permit for coercion.

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

8117-16 - Duration of permit.

The Mobilehome Park Closure Permit granted pursuant to this Ordinance shall be valid for a period of two years. Any and all rights to close a park pursuant to such a permit shall lapse at the expiration of the permit.

8117-17 - Decision of the board.

The decision of the Board of Supervisors is final.

8117-18 - Termination of tenancy.

Upon the approval of the Mobilehome Park Closure Permit, the mobilehome park owner shall serve a Notice of Termination of Tenancy, in accordance with the provisions of Section 798.56 of the California Civil Code, to each park resident informing them that they will be given two years from the date of the Board of Supervisors approval of the Mobilehome Park Closure Permit to terminate their tenancy in the park. The two year termination period may be reduced to no less than 180 days upon the written agreement of the park owner and two-thirds of all mobilehome park residents over age 18.

8117-19 - Effect on existing permits.

The requirements of this Ordinance shall apply to all existing mobilehome parks within the County not herein exempt, regardless of any time limitation conditions that may exist in any previously issued permit for any mobilehome park. The use of any property covered by such a permit may lawfully continue and the permit shall be deemed to remain in full force and effect while the approved Mobilehome Park Closure Permit for conversion, closure, or cessation of use is being implemented.

8117-20 - Affidavit of compliance.

Prior to the commencement of any construction on the property vacated as a result of the approval of a Mobilehome Park Closure Permit, the owner or developer of the property shall provide the County, or City if annexed, with an affidavit stating that the conditions

imposed on the approval for the Mobilehome Park Closure Permit have been satisfied, and that all tenancies on the property have been terminated pursuant to the conditions of approval of the permit.

8117-21 - Public policy.

It shall be against public policy to subvert any provisions of this Ordinance by coercing the waiver of any rights or privileges created or protected thereby. Any provision 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 mobilehome park shall be null, void and unenforceable.

8117-22 - Penalties.

Any person, firm, or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of the provisions of this Ordinance is committed, continued, or permitted, and upon conviction of any such violation, such person shall be punishable by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment for not more than six (6) months, or both such fine and imprisonment.

8117-23 - Notice to new and prospective tenants.

Prior to or at the time of agreeing to rent space to a new tenant in a park subject to closure, the owner shall provide each new tenant or prospective tenant with a copy of this Ordinance, as currently in force, a copy of the Notice of Closure, a copy of the approved Housing and Financial Impact Report and the Relocation Assistance Plan.