Chapter 6.04
MANUFACTURED HOME PARKS—CHANGE IN USE
Sections:
6.04.030 Relocation Impact Report.
6.04.050 Notice Regarding Proposed Change in Use.
6.04.060 Hearing on the Change in Use.
6.04.070 Allowable Relocation Costs and Conditions on Park Change in Use.
6.04.080 Eligibility of Nonresident Owners for Relocation Mitigation Measures.
6.04.100 Notice to Residents Regarding Hearing on Final Permit.
6.04.120 Appeal from Imposition of Conditions for Change of Use.
6.04.130 Notice After Public Hearing and City Approval.
6.04.140 Park Bankruptcy or Expiration of Land Use Permit.
6.04.150 Approval Must Be Obtained Prior to Change in Use.
6.04.010 Purpose.
The City Council finds and declares, that because of the high cost of moving mobilehomes, the potential for damage resulting therefrom, the requirements relating to the installation of mobilehomes, and the cost of landscaping or lot preparation, it is necessary that the owners of mobilehomes occupied within mobilehome parks be provided with the unique protection from actual or constructive eviction afforded by the provision of this chapter. It is not the intent of this chapter to prevent an owner of a mobilehome park from closing his or her mobilehome park, and the City acknowledges the right of a mobilehome park owner to close a mobilehome park or convert part into any legally permitted use (Civil Code Section 789.55). (Ord. 97-6, 4/22/97; Ord. 06-1 § 1, 2/28/06)
6.04.020 Definitions.
For purposes of this chapter only, the following definitions shall apply unless, based on the context, another definition is clearly intended:
“Applicant” means the park owner or his or her designee of an existing manufactured home park that applies under this chapter for a change in use of such park.
“Change in use” means the use of a park for a purpose other than rental or the holding out for rental of two (2) or more manufactured home sites to accommodate manufactured homes for human habitation. A change of use may affect the entire park or any portion thereof. A change of use includes, but is not limited to, a change of the park or any portion thereof to a condominium, stock cooperative, planned unit development, or any form of ownership wherein spaces within the park are to be sold. A “change in use” shall not include a decision by a mobilehome park owner not to rent or lease a vacant space or a space occupied by a vacant mobilehome owned by the park.
“Final permit” means the permit granted pursuant to Section 6.04.110 once a park owner has substantially complied with all conditions of a tentative permit.
“Illegal addition” is an addition to a manufactured home for which all required building permits were not obtained and which does not currently comply with the Santa Clarita Municipal Code.
“Illegal structure” is a structure which did not comply with applicable building and/or design regulations and laws at the time which it was built.
“Manufactured home” is synonymous with the term “mobilehome.”
“Manufactured home owner” is a person who has a tenancy in a manufactured home park under a rental agreement with the park and has an ownership interest in the manufactured home.
“Manufactured home park” or “park” means an area of land where two (2) or more manufactured home spaces are rented or leased out for manufactured homes used as residences. The term “manufactured home park” does not include developments which sell lots for manufactured homes or which provide condominium ownership of such lots, even if one (1) or more manufactured homes in the development are rented or leased out.
“Manufactured home park owner” or “park owner” means the owner, lessor, operator, manager, or designated agent thereof, of a park located in the City of Santa Clarita.
“Manufactured home resident” or “resident” is a manufactured home owner or other person who lawfully occupies a manufactured home in a park.
“Mobilehome” means that definition used in Civil Code Section 798.3, and includes a structure designed for human habitation and for being moved on a street or highway under permit. The term “mobilehome” includes a manufactured home, as defined in Health and Safety Code Section 18007.
“Mobilehome owner” is synonymous with the term “manufactured home owner.”
“Mobilehome park” is synonymous with the term “manufactured home park.”
“Mobilehome resident” is synonymous with the term “manufactured home resident.”
“Nonresident owner” is a person who owns a manufactured home located within a park but does not reside there. A “nonresident owner” shall not include the park owner or applicant in circumstances where the park owner or applicant owns one (1) or more manufactured homes in the park.
“Planning Commission” is the Planning Commission as established pursuant to Chapter 2.26.
“Report” means the relocation impact report required by Section 6.04.030.
“Tenancy” is the right of a manufactured home owner to use a site within a park on which to locate and maintain a manufactured home, site improvements, and the necessary accessory structures for human habitation.
“Tentative permit” means the permit granted pursuant to Section 6.04.090. (Ord. 97-6, 4/22/97; Ord. 06-1 § 1, 2/28/06; Ord. 18-9 § 2, 11/27/18)
6.04.030 Relocation Impact Report.
A. Prior to the change in use of a park, the applicant shall file with the City’s Department of Community Development a relocation impact report which outlines the impact of the change in use on displaced manufactured home owners. In determining the impact of the conversion, closure, or cessation of use, the report shall address the availability of adequate replacement housing in mobilehome parks and relocation costs. The report shall include, but not be limited to, the following information:
1. The number of spaces within the existing park.
2. A list of names and addresses of all manufactured home owners and residents within the park.
3. A list of names and addresses of all nonresident owners within the park.
4. The number and location of all park-owned manufactured homes in the park.
5. Any manufactured homes which the park owner contends are illegal structures or to which illegal additions have been made.
6. The current rent charged for each space in the mobilehome park and the number of residents occupying each manufactured home affected by the proposed change in use.
7. Written commitments from the owners of parks with alternative sites within the City of Santa Clarita accepting all the manufactured homes to be relocated, and acknowledging: (1) the type of such homes to be relocated therein, (2) the condition of such homes, (3) the rent applied, (4) the applicable manufactured home owner, residents, and (5) the space to which the manufactured home is to be relocated. The City shall use its good offices to assist the park owner and manufactured home owner to find spaces for relocation, to encourage the development of spaces for relocation and to expedite processing of land use entitlements for new mobilehome spaces.
8. A proposed time schedule for manufactured home owners and nonresident owners to vacate the existing park. (Ord. 97-6, 4/22/97; Ord. 06-1 § 1, 2/28/06)
6.04.040 Application and Fee.
Submission of the relocation impact report and a proposed tentative permit to the City’s Department of Community Development shall constitute an application for a tentative permit for a change of use pursuant to Civil Code Section 798.56(g). The application shall be accompanied by a fee in an amount set by resolution of the City Council pursuant to Government Code Section 66016. (Ord. 97-6, 4/22/97; Ord. 06-1 § 1, 2/28/06)
6.04.050 Notice Regarding Proposed Change in Use.
At least thirty (30) days prior to the hearing before the Planning Commission on the change in use, the applicant shall provide notice in both English and Spanish to all residents and manufactured home owners affected by the change in use. Such notice shall state the time, date, place, and nature of the hearing, shall include a copy of the relocation impact report and a proposed tentative permit, and shall inform each manufactured home owner that he or she has a right to appear to object to the failure to meet the requirements of this chapter with respect to his or her home’s relocation if they have not been met. Such notice shall also state whether the applicant contends that a manufactured home owner’s manufactured home is illegal or legal and, if illegal, informs the manufactured home owner that he or she has sixty (60) days to bring the manufactured home into compliance with applicable laws, as determined by the State of California, or lose the rights of a manufactured home owner under this chapter. The hearing shall not be held until the applicant has satisfactorily verified to the City that all persons have received proper notification. (Ord. 97-6, 4/22/97; Ord. 06-1 § 1, 2/28/06; Ord. 18-9 § 2, 11/27/18)
6.04.060 Hearing on the Change in Use.
A hearing shall be held before the Planning Commission on any proposed change in use. At this hearing, the Planning Commission shall review the relocation impact report. (Ord. 97-6, 4/22/97; Ord. 06-1 § 1, 2/28/06; Ord. 18-9 § 2, 11/27/18)
6.04.070 Allowable Relocation Costs and Conditions on Park Change in Use.
A. The Planning Commission may impose payment for the relocation costs outlined in this section on the applicant as conditions of the tentative permit, subject to the provisions of Section 6.04.080. The Planning Commission shall not require any applicant to pay any relocation costs for the relocation of residents who rent their manufactured home from another. The applicant is to pay for the following relocation costs for each manufactured home owner’s manufactured home in the park if such costs are imposed by the Planning Commission.
1. Reasonable moving expenses charged by a professional mover for packing and moving the manufactured home owner’s personal items within the City limits of the City of Santa Clarita, including full-value replacement insurance on the goods being moved.
2. Payment for any necessary storage expense while the manufactured home is being set up in a new park.
3. Payment of an amount set by the City Council by resolution to cover lodging, meals, and incidental expenses from the time when a manufactured home owner in an existing park is required to move out of his or her manufactured home to relocate until the time when the manufactured home is set up in the new park and ready for habitation. This provision shall be inapplicable in the event that the mobilehome cannot be relocated within the City of Santa Clarita and the manufactured home owner is compensated pursuant to subsection (B)(5) of this section.
B. The Planning Commission shall impose, as conditions to the tentative permit, the following mitigation measures:
1. The applicant shall move and relocate all manufactured home owners’ manufactured homes to a legal location within the City limits of the City of Santa Clarita comparable to the prior location in terms of amenities, rent, location and space size, including professional moving, preparation and take-down services incidental to preparation of the manufactured home for moving to the extent a site is available. A site is not deemed available unless a mobilehome park in the City is willing to accept the specific mobilehome and its manufactured home owner. “Comparable rent” as used herein shall mean rent not more than one percent (1%) higher than the previous rent unless a higher rent is justified by an increased space size or other compensating factors and the manufactured home owner consents to such an increase.
2. The applicant shall obtain and retain insurance for moving the manufactured home owner’s manufactured home for the full replacement value of the manufactured home for the entire time of the move including take-down and reinstallation. The replacement value shall be determined in the same manner as used by insurance companies authorized to do business in the State of California in determining the replacement value of the mobilehome if it had been destroyed while situated in the mobilehome park. Insurance shall be with a company authorized to do business in the State of California.
3. The applicant shall install the manufactured home owner’s manufactured home in a comparable park within the City limits of the City of Santa Clarita, including rebuilding existing legal structures and additions to the manufactured home.
4. The applicant shall replace the manufactured home with a comparable manufactured home if the manufactured home is destroyed or severely damaged in transit to the new park. The manufactured home owner may elect, at his or her sole option, to receive the cash value of the manufactured home destroyed or severely damaged in transit. If a manufactured home owner receives compensation pursuant to this subsection, he or she shall not be entitled to receive any insurance payment.
5. The applicant shall ensure that the manufactured homes meet the requirements of the new park(s) in which they are relocated. The applicant shall rehabilitate manufactured homes to enable them to be accepted into a new park within the City of Santa Clarita. In the event that a manufactured home owner’s manufactured home cannot be relocated to another park within the City of Santa Clarita either due to its age, condition or lack of any available relocation sites for the specific manufactured home, the applicant shall pay to the manufactured home owner the appropriate amount as determined by an appraiser (paid for by the park owner) for the value of the manufactured home. The appraisal shall value the manufactured home as if located in a comparable manufactured home park and will be based on a real estate valuation method and not the blue book value. If the home owner does not agree with the resulting appraisal, the home owner may pay for his or her own appraisal. The home owner and park owner will then negotiate using both of the appraisals. If an agreement cannot be reached, the City will provide an impartial mediator. The City will endeavor to select a mediator that has a background in analyzing appraisals. The cost of the mediator will be equally shared by the park owner and the home owner. Payment for the mediator will be made in advance to the City by the parties. If one (1) party fails to make the required payment, the value of the relocation shall be determined to be the amount of the other party’s appraisal. If the parties still cannot agree, the impartial mediator shall determine the amount to be paid, which amount shall be no greater than the higher of the two (2) appraisals.
C. Notwithstanding the above, if a manufactured home is illegal, as determined by the State of California, the applicant will only be responsible for moving the manufactured home to a legal location for storage and the applicant will not be responsible for the costs and mitigation measures in subsections (A)(2) and (3) and (B) of this section, even if the same are imposed as conditions by the Planning Commission. The applicant shall not be responsible for paying any storage costs for the illegal manufactured home. Notwithstanding the above, a manufactured home owner shall have sixty (60) days’ notice pursuant to Section 6.04.050 to bring his or her manufactured home into compliance with applicable law. If the manufactured home comes into compliance with the applicable laws of the State of California within the sixty (60) day period, as evidenced by the manufactured home owner having provided to the applicant proof from the State of California that the home complies with California law, then the home shall be considered legal for all purposes of this chapter and the manufactured home owner shall be entitled to all rights accorded by this chapter, except that when the tentative permit is granted, the owner shall not be accorded the rights of a legal owner at that time. However, at the time of granting of this final permit, the applicant must provide all of the relocation benefits set forth in this section with respect to such manufactured homes.
D. Notwithstanding the above, if a manufactured home includes illegal additions or structures, the applicant shall not be responsible for the costs associated with tearing down, moving, or setting up the same at a new location.
E. If a manufactured home owner locates his or her manufactured home in a park after notice has been given of a change in use which would affect the portion of the park in which the manufactured home would be located, the manufactured home owner shall not be entitled to any of the relocation benefits provided by this chapter. If the proposed change of use does not take place or does not affect the manufactured home owner, then the manufactured home owner shall be eligible for all applicable relocation benefits for any subsequent change of use which affects that manufactured home owner. The manufactured home owner shall sign a written statement acknowledging that said owner is aware that a change of use is contemplated for the park. (Ord. 97-6, 4/22/97; Ord. 06-1 § 1, 2/28/06; Ord. 07-6 § 2, 9/11/07; Ord. 18-9 § 2, 11/27/18)
6.04.080 Eligibility of Nonresident Owners for Relocation Mitigation Measures.
If the manufactured home owner is a nonresident owner, then the manufactured home owner shall only be entitled to the relocation mitigation measures specified in Section 6.04.070(B) as determined by the Planning Commission as a condition to the tentative permit and not the relocation costs set forth in Section 6.04.070(A). (Ord. 97-6, 4/22/97; Ord. 06-1 § 1, 2/28/06; Ord. 18-9 § 2, 11/27/18)
6.04.090 Tentative Permit.
Following the hearing on the change of use, the Planning Commission shall grant a tentative permit if it determines that all of the requirements of Sections 6.04.030, 6.04.040 and 6.04.050 have been satisfied. (Ord. 97-6, 4/22/97; Ord. 06-1 § 1, 2/28/06; Ord. 18-9 § 2, 11/27/18)
6.04.100 Notice to Residents Regarding Hearing on Final Permit.
At least thirty (30) days prior to the hearing before the Planning Commission on the final permit, the applicant shall provide notice in both English and Spanish to all residents and manufactured home owners affected by the change in use. Such notice shall state the time, date, place, and nature of the hearing, and shall inform each manufactured home owner that he or she has a right to appear to object to the failure to meet the requirements of this chapter or the tentative permit with respect to his or her home’s relocation. The hearing shall not be held until the applicant has satisfactorily verified to the City that all persons have received proper notification. (Ord. 97-6, 4/22/97; Ord. 06-1 § 1, 2/28/06; Ord. 18-9 § 2, 11/27/18)
6.04.110 Final Permit.
A. After notice is provided as required by Section 6.04.100 and a hearing held regarding compliance by the applicant with the tentative permit, the Planning Commission shall grant the applicant a final permit when he or she has both: (1) substantially complied with the conditions of the tentative permit, and (2) substantially complied with the requirements of Section 6.04.070 with respect to all manufactured homes which were illegal at the time that notice was provided pursuant to Section 6.04.050 but came into compliance with all laws within sixty (60) days of such notice.
B. The applicant and a manufactured home owner may agree to a resolution different than that approved in the tentative permit after the approval of the tentative permit, and compliance with said agreement by the applicant shall constitute “substantial compliance” under this section with respect to matters relating to such manufactured home owner’s home set forth in the tentative permit. The agreement shall include a copy of this chapter as an attachment, together with a statement that the homeowner is aware of his or her rights under this chapter, and that he or she is recommended to consult with an attorney. Any such agreement which is procured by fraud or misrepresentation shall be null and void.
C. Notwithstanding the above, the final permit shall not be issued if the applicant has disturbed or caused to be disturbed the area and facilities of the park that are the subject of the application in anticipation of closure of the park to facilitate future development until the affected manufactured home owners receive fair and reasonable compensation for the inconvenience, resulting from such disturbance, as such compensation is determined by the Planning Commission. The Planning Commission shall make this determination at the hearing held pursuant to Section 6.04.120. For the purposes of this section, the removal of uninhabited manufactured homes from the park shall not be considered a disturbance under this chapter. (Ord. 97-6, 4/22/97; Ord. 06-1 § 1, 2/28/06; Ord. 18-9 § 2, 11/27/18)
6.04.120 Appeal from Imposition of Conditions for Change of Use.
The applicant, manufactured home owner, and nonresident owners affected by the proposed change in use have fifteen (15) days to appeal to the City Council either the Planning Commission’s decision to grant a tentative permit or the Planning Commission’s decision to grant a final permit. There shall be no fee for such appeal. If no appeal is filed within fifteen (15) days of either action, the Planning Commission’s decision on either the tentative permit or final permit, as the case may be, shall be deemed final. If an appeal is filed on either action, the City Council shall hear the appeal within thirty (30) days. The City Council’s decision shall be final as of the date it is rendered. (Ord. 97-6, 4/22/97; Ord. 06-1 § 1, 2/28/06; Ord. 18-9 § 2, 11/27/18)
6.04.130 Notice After Public Hearing and City Approval.
After the tentative permit is deemed final, the applicant shall give manufactured home owners, nonresident owners, and residents written notice of termination of tenancy as required by State law in both English and Spanish. (Ord. 97-6, 4/22/97; Ord. 06-1 § 1, 2/28/06; Ord. 18-9 § 2, 11/27/18)
6.04.140 Park Bankruptcy or Expiration of Land Use Permit.
The provisions of this chapter are inapplicable if the change in use of a park is the direct result of a bankruptcy adjudication or the expiration of a land use permit needed to operate the park at its current location. (Ord. 97-6, 4/22/97; Ord. 06-1 § 1, 2/28/06)
6.04.150 Approval Must Be Obtained Prior to Change in Use.
No building permit shall be issued on property occupied by a park for uses other than those associated with the park use until a final permit has been obtained pursuant to this chapter. (Ord. 97-6, 4/22/97; Ord. 06-1 § 1, 2/28/06)
6.04.160 Nonexclusive Remedy.
This chapter is not intended to substitute for any legal or equitable remedy otherwise available under law and should be understood to provide remedies which are cumulative thereto and otherwise nonexclusive. (Ord. 97-6, 4/22/97; Ord. 06-1 § 1, 2/28/06)