Chapter 17.100
MOBILE HOME PARK CONVERSIONS
Sections:
17.100.010 Purpose and intent.
17.100.040 Relocation impact report.
17.100.050 Notice to prospective occupants of pending change in park status.
17.100.060 Exemptions from relocation assistance obligations.
17.100.070 Application for change of use – Public hearing – Findings.
17.100.080 Measures to prevent avoidance of relocation assistance obligations.
17.100.090 Compliance with relocation assistance.
17.100.100 Modification and revocation of approved closure or conversion.
17.100.110 Expiration and extension of approval.
17.100.010 Purpose and intent.
This chapter establishes standards for the closure of a mobile home park and addresses the impact of such closures upon the ability of displaced residents to find adequate housing in another mobile home park. Mobile home parks are an important source of affordable housing within Capitola. The purpose of this chapter is to provide financial compensation and relocation assistance to displaced residents and provide mobile home park owners with protection from unreasonable relocation costs, in compliance with Government Code Sections 65863.7 and 66427.4. Nothing in this chapter shall be construed to mean that the city supports any change of use of any mobile home park. (Ord. 1043 § 2 (Att. 2), 2020)
17.100.020 Applicability.
This chapter applies to the closure of any mobile home park or the conversion of a mobile home park to a different use. (Ord. 1043 § 2 (Att. 2), 2020)
17.100.030 Definitions.
As used in this chapter, the following words and phrases shall have the following meanings:
A. “Applicant” means a person or entity who has filed an application for change of use of a mobile home park.
B. “Change of use” includes all activities specified in Section 798.10 of the California Civil Code and amendments to the general plan or any applicable specific plan, rezoning of property, land use permits, such as a conditional use permit or a variance, tentative parcel or tentative tract maps, and building permits when the effect of the change will be to decrease the number of spaces available for mobile home habitation.
C. “Change without new use” refers to what Civil Code Section 798.56(g)(2) describes as a “change of use [requiring] no local governmental permit [other than approval of the RIR].”
D. “Comparable housing” means housing which, on balance, is comparable in floor area, number of bedrooms, and amenities, proximity to public transportation, shopping, schools, employment opportunities and medical services and other relevant factors to the mobile home to which comparison is being made.
E. “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.
F. “Director” means the community development director.
G. “Eligible mobile home resident” or “eligible resident” means a mobile home resident whose mobile home was located in a mobile home park on the date of an application for change of use. Eligible resident includes the spouse, parents, children and grandchildren of the eligible resident when those persons resided in the mobile home on the date of the application.
H. “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.
I. “Mobile home” has the meaning set forth in Section 798.3 of the California Civil Code.
J. “Mobile home owner” means the registered owner or registered owners of a mobile home, regardless of the number of such owners or the form of such ownership.
K. “Mobile home park” or “park” has the meaning set forth in Section 798.4 of the California Civil Code.
L. “Mobile home park owner” or “park owner” means the person, persons or entity that owns a mobile home park and includes any person authorized by the park owner to seek approval of an application for change of use or respond to a rent review petition filed pursuant to this chapter.
M. “Mobile home tenant” or “tenant” is a person who occupies a mobile home within a mobile home park pursuant to a bona fide lease or rental agreement and who, during his or her tenancy, was not the owner of that mobile home.
N. “Handicapped mobile home resident” means a mobile home resident with any medically determinable physical or mental impairment as demonstrated by a finding of a state or federal agency or a medical certificate, or who requires special care facilities in the mobile home or special care equipment, such as, but not limited to, a wheelchair.
O. “Low income” means an income of eighty percent or less of current median income as established annually by the United States Department of Housing and Urban Development (“HUD”) for the statistical area in which Capitola is located, as adjusted for household size. (Ord. 1043 § 2 (Att. 2), 2020)
17.100.040 Relocation impact report.
A. Submittal to Director. 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 Sections 798.56(g)(1) and (2). Because the Civil Code Section 798.56(g)(2) notice cannot be given until after the approval of both the project and the sufficiency of the RIR, the park owner is encouraged to consult with staff (especially if any waiver of requirements in subsection B of this section (Required Information) will be requested) early in the process about the contents of the RIR.
B. Required Information. The RIR shall be prepared by an independent agent acceptable to the city at the applicant’s expense and shall include the following information unless the director determines the information is not necessary:
1. A detailed description of the proposed change of use, or change without new use.
2. A timetable for conversion of the mobile home park.
3. A legal description of the mobile home park.
4. The number of spaces in the park, length of occupancy by the current occupant of each space and current rental rate for each space.
5. The date of manufacture and size of each mobile home.
6. 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 homeowner’s investment in the mobile home, such as the change in value of affected mobile homes that would result from the proposed change of use.
7. The results of questionnaires to all homeowners/occupants regarding the following: whether the occupant owns or rents, whether this is the only residence, occupants’ ages, whether the occupants have disabilities that would be aggravated by the moving process, the purchase date and price paid by the mobile home owner, the costs incurred by the mobile home owner in improving the home, and the amount and relevant terms of any remaining mortgage. Answering such questionnaire shall be voluntary.
8. The name and mailing address of each eligible resident, mobile home tenant, mobile home resident, resident mobile home owner and legal owner of a mobile home in the park.
9. The purchase price of condominiums similar in size to the mobile homes within a reasonable distance, and the rental rates and moving costs involved in moving to an apartment or other rental unit within a reasonable distance including, but not limited to, fees charged by moving companies and any requirement for payment of the first and last month’s rent and security deposits.
10. A list of comparable mobile home parks within a twenty-mile radius and a list of comparable mobile home parks within a radius of twenty-five to fifty miles of the applicant’s mobile home park. For each comparable park, the list should, if possible, state 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. The purpose of this requirement is to provide information necessary to create appropriate relocation compensation. It is not meant to suggest that the city, in any sense, favors tenants relocating out of any mobile home park in Capitola.
11. Estimates from 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 movable amenities installed by the residents. Said moving companies shall be approved by the director prior to inclusion in the final RIR.
12. Proposed measures to mitigate the adverse impacts of the conversion upon the mobile home park residents.
13. Identification of a relocation specialist to assist residents in finding relocation spaces and alternate housing. The specialist shall be selected by the applicant, subject to the city’s approval, and shall be paid for by the applicant.
C. Filing of Relocation Impact Report. The city shall not consider an RIR to be filed, within the meaning of Government Code Section 65863.7, until the applicant has submitted to the community development department both a draft RIR which applicant believes meets the requirements of subsection B of this section (Required Information), and a written statement that such draft RIR has been filed pursuant to Government Code Section 65863.7.
D. Refusal to Review Relocation Impact Report. If the city attorney determines that the proposed conversion or closure of the mobile home park would be illegal, the community development director shall not process the RIR unless a court of competent jurisdiction rules that the proposed use would be legal. (Ord. 1043 § 2 (Att. 2), 2020)
17.100.050 Notice to prospective occupants of pending change in park status.
After an application for change of use of a mobile home park (or for city approval of a RIR) has been filed with the director, the applicant shall give notice to all known prospective mobile home purchasers and tenants that the application for change of use has been filed. Notice shall be given in addition to notices required by Civil Code Section 798.56(g)(1) and in all cases shall be given prior to execution of any new rental agreement. The park owner shall obtain a signed acknowledgment of receipt of such notice from each prospective purchaser or tenant and file it with the director. If the prospective purchaser or tenant refuses to sign, a dependable record of delivery of notice shall be maintained by the park owner. (Ord. 1043 § 2 (Att. 2), 2020)
17.100.060 Exemptions from relocation assistance obligations.
A. Exemption Available. Any person who files an application for change of use may file an application for total or partial exemption from the obligation to provide relocation assistance.
B. Notice of Application. Notice of an application for exemption shall be given pursuant to Sections 17.100.070(B) and (C). Notices shall contain the information provided in the exemption application.
C. Basis for Application.
1. Total Exemption. An application for total exemption may be made on one of two grounds:
a. The imposition of any relocation obligations would eliminate substantially all reasonable use or economic value of the property for alternate uses; or
b. The park is exempt from the requirement of relocation assistance under state law governing changes of use of mobile home parks.
2. Partial Exemption. An application for partial exemption may be made on one of two grounds:
a. The imposition of particular relocation obligations would eliminate substantially all reasonable use or economic value of the property for alternate uses; or
b. The obligation would exceed limitations imposed by Government Code Section 65863.7(e). The application shall specify the particular relocation obligations which would cause this result.
D. Application Contents.
1. An application for exemption made pursuant to subsections (C)(1)(a) and (2)(a) of this section shall contain, at a minimum, an estimate of the value of the subject property 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, or other use consistent with applicable zoning, and an estimate of the value of such park by such appraiser if use of the property as a mobile home park is continued.
2. An application for exemption pursuant to subsections (C)(1)(b) and (2)(b) of this section shall specify the provisions of state law providing the claimed exemption and documentation demonstrating entitlement to such exemption.
E. Notice of Approval. If the city grants an exemption after the applicant provides notice consistent with Civil Code Section 798.56(g)(2) notice, renoticing will be required. (Ord. 1043 § 2 (Att. 2), 2020)
17.100.070 Application for change of use – Public hearing – Findings.
A. City Review of RIR. Upon the filing of an RIR, the director shall examine the RIR and advise the applicant in writing within thirty days 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. Because certain required information in an RIR (e.g., appraisals, tenant data) cannot be obtained until after filing an application for change of use, the initial application for change of use and RIR shall contain all pertinent available information to start the process of obtaining the information required for a complete application and RIR.
B. Owner and Resident Notice. Not less than thirty days prior to the scheduled public hearing before the planning commission, the park owner shall deliver to each mobile home owner and resident within the park a copy of the approved RIR and the notice of the date, time and place of the public hearing on the application. Notice shall be delivered by certified mail or personal delivery.
C. Verification of Notice Requirements. Not less than fifteen days prior to the scheduled public hearing before the planning commission on the RIR, the park owner shall file with the director a verification of noticing required by this chapter and Government Code Section 65863.7. The form and manner of such verification shall be approved by the city attorney.
D. Planning Commission Recommendation.
1. Public Hearing. The planning commission shall hold a public hearing on the application for a change of use and the RIR within ninety-five days of the date the application and RIR were accepted as complete. The planning commission shall provide a recommendation to the city council on the approval of the change of use and RIR and may recommend measures to mitigate adverse impacts on residents impacted by the change of use.
2. Mitigation Measures. Measures to mitigate adverse impacts on residents shall not exceed reasonable cost and may include, but are not limited to, the following:
a. Payment of the cost of physically moving the mobile home to a new site, including tear-down and set-up of mobile homes, including, but not limited to, movable improvements such as patios, carports and porches.
b. Payment of a lump sum based on consideration of any increase in security deposit at the new mobile home park which the resident or tenant lacks the 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. For those mobile home residents who move to apartments or other rental housing alternatives, payment of a lump sum based on consideration of any differential in the rental rate between the closing park and the comparable housing, requirements for payment of security deposits and cleaning fees. Mobile home households may be compensated based on the number of bedrooms in the mobile home so that a one-bedroom mobile home may be compensated based on a one-bedroom apartment, a two-bedroom mobile home based on a two-bedroom apartment, etc.
e. Provision of a replacement space within a reasonable distance of the closing mobile home park.
f. For residents whose mobile home cannot be relocated to a comparable park within a fifty-mile radius of the closing mobile home park, payment of a lump sum based upon consideration of the value of the mobile home, including resident improvements (e.g., landscaping, porches, carports), any increase in mortgage obligations of the resident on the mobile home, and the costs of purchasing a mobile home on site in a comparable park or acquiring other comparable replacement housing.
g. The park owner shall make the monetary payments contemplated in this subsection in a reasonable period of time (to be set by the city council) in advance of the actual relocation of a resident or homeowner. The resident or homeowner shall not be under a legal obligation to relocate by the method used to measure mitigation costs.
E. City Council Decision.
1. Hearing and Decision. The city council shall hold a noticed public hearing on an application for a change of use within forty-five days of the planning commission’s recommendation. The city council shall take action on the application within eighty days of the planning commission’s recommendation.
2. Mitigation Measures. The city council may impose reasonable measures not exceeding the reasonable costs of relocation to mitigate the adverse impacts of the change of use on eligible mobile home residents pursuant to subsections D and G of this section.
3. Statute of Limitations. The decision of the city council is final. Pursuant to Code of Civil Procedure Section 1094.6, the statute of limitations for bringing a judicial challenge to any decision concerning a change of use of mobile home park is ninety days. Notice of the city’s decision to the applicant, park owner and affected residents shall include notice that the ninety-day statute of limitations in Code of Civil Procedure Section 1094.6 applies.
F. Extension of Time Periods. Time periods in this section may be extended as necessary to comply with the California Environmental Quality Act (CEQA) or the California Coastal Act.
G. Cost of Mitigation Measures. Notwithstanding any other provision in this section, the cost of mitigation measures shall comply with Government Code Section 65863.7 which states that “the steps taken to mitigate shall not exceed the reasonable costs of relocation.” (Ord. 1043 § 2 (Att. 2), 2020)
17.100.080 Measures to prevent avoidance of relocation assistance obligations.
A. Notice. If any change of use or RIR approval application is withdrawn or denied, those previously given notices or announcements shall be so informed in writing by the mobile home park owner.
B. No Waiver of Rights. No prospective mobile home resident or existing mobile home resident may be required to sign a waiver, or a lease or rental agreement which includes a waiver, of their rights under this chapter. Any waiver of rights under this chapter by such a mobile home resident shall be deemed invalid unless the resident or prospective resident and the park owner obtain the prior approval of the waiver from the director, who may grant such approval only upon a finding that the waiver is voluntary and was made after being fully informed of the terms of this chapter. (Ord. 1043 § 2 (Att. 2), 2020)
17.100.090 Compliance with relocation assistance.
A. Acceptance of Mitigation Measures.
1. The applicant shall execute and record a certificate, and file proof with the director, accepting the mitigation measures imposed on the approval of a closure or conversion within ninety days of the final city council action approving the change of use. The applicant shall give the six- or twelve-month notice of the termination of tenancy and closure of the park required by Civil Code Section 798.56(g) within one hundred twenty days of that action.
2. An approval of a change of use shall automatically become null and void if the certificate accepting the conditions is not filed and executed within ninety days of the date of the approval of the change of use and the notice of termination of tenancy has not been given within one hundred twenty days of that resolution.
B. Timing of Mitigation. All mitigation measures imposed on the approval of a change of use shall be fully performed for each resident prior to that resident’s required vacation of the mobile home park, unless otherwise provided in the mitigation measure. No eligible resident shall be required to vacate a mobile home space unless the applicant is in full compliance with all mitigation measures pertaining to the resident, and has otherwise fulfilled the notice requirements of the California Mobile Home Residency Law relating to termination of tenancy.
C. Issuance of Building Permits. The city may not issue any building permit for the development within a converted or closed mobile home park until the city has adopted a resolution approving the change of use and the mobile home park owner has fully complied with the relocation assistance required by that resolution. (Ord. 1043 § 2 (Att. 2), 2020)
17.100.100 Modification and revocation of approved closure or conversion.
A. Modification.
1. After a change of use has been approved and after the applicant has executed and recorded a certificate of acceptance of the conditions of any approval, the city may consider modification of the mitigation measures imposed upon the filing of a written application by the applicant. The city may approve modifications on the grounds that there has been a change in circumstances or that new information which could not reasonably have been known or considered at the time of the hearings on the application has become available. Examples of such new information or changed circumstances include, but are not limited to, revised plans by the applicant and a change in the availability of relocation spaces. Modifications may not be approved when it would unreasonably prejudice the ability of the residents to relocate to comparable spaces or comparable alternate housing.
2. Any application for modification shall be subject to the notice and hearing procedures set forth in Section 17.100.070 (Application for change of use – Public hearing – Findings). The decision in connection with a modification request shall take place as with the initial approval.
B. Revocation.
1. The city council may initiate revocation proceedings on the grounds that the mobile home park owner or applicant has violated this chapter or the terms of the approval of the change of use. Action to initiate revocation proceedings shall specify the grounds for revocation and shall set a hearing before the city council to consider the revocation not sooner than forty-five and not later than sixty days after the action to initiate proceedings.
2. Notice of revocation proceeding shall be sent to the mobile home park owner by certified mail or personal delivery together with notice that any response from the owner must be filed at least twenty days prior to the date set for the revocation hearing.
3. The city council shall render its findings and decision concerning revocation within ninety days after initiating revocation proceedings. (Ord. 1043 § 2 (Att. 2), 2020)
17.100.110 Expiration and extension of approval.
A. Expiration. Approval of a change of use shall become null and void if the notice of termination of tenancy has not been given within the time provided in Section 17.100.090 (Compliance with relocation assistance) and relocation pursuant to the conditions of approval has not occurred within twelve months of the effective date of the approval of the change of use, unless otherwise extended as provided in subsection B of this section, or unless otherwise provided in the resolution approving it.
B. Extensions.
1. The city council may approve an extension to the date of giving notice and/or to the approval of the change of use. Applications for an extension shall be submitted in writing by the mobile home park owner to the community development department. Applications must be submitted on or before the date to give the notice of termination or the expiration of the approval of the change of use.
2. The city council may deny the request upon finding that the mobile home park owner has unreasonably delayed implementation of the mitigation measures or that further delay will result in prejudice or further adverse impacts upon eligible residents remaining in the mobile home park. Approval of an extension may be conditioned on reasonable measures designed to mitigate the adverse impacts resulting from the delay. The application for extension shall be subject to the notice and hearing procedures set forth in Section 17.100.100(B) (Revocation). (Ord. 1043 § 2 (Att. 2), 2020)
17.100.120 Preemption.
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. 1043 § 2 (Att. 2), 2020)
17.100.130 Severability.
If any part or provision of this chapter, or the application of such to any person or circumstance, is held invalid, the remainder of the chapter, including the application of such part or provision to other persons or circumstances, shall not be affected and shall continue in full force and effect. To this end the provisions of this chapter are severable. (Ord. 1043 § 2 (Att. 2), 2020)