Chapter 18.195 CONVERSIONS OF MOBILE HOME PARKS TO OTHER USES

(a) “Administrative hearing” shall mean a fact-gathering proceeding conducted by a hearing officer (a licensed attorney appointed by the city manager) as follows:

(1) Thirty calendar days’ written notice shall be given of all proceedings to the park owners and the residents thereof by first-class mail;

(2) The hearing shall be open to the public;

(3) Oral and documentary evidence shall be received by the hearing officer from park owners and residents thereof;

(4) The parties shall be permitted to examine and cross-examine witnesses as determined by the hearing officer;

(5) The formal rules of evidence shall not apply, but all findings shall be on competent evidence;

(6) The hearing officer shall have wide discretion to determine the order of proof and the presentation of evidence;

(7) The proponent of an application, report or statement as provided in this chapter shall have the burden of producing substantial evidence in support thereof;

(8) All proceedings shall be taped or stenographically recorded, and the entire record shall be preserved for one year following final action on any application or request under this chapter;

(9) All documents offered shall be preserved with the record whether or not the document was admitted to the record;

(10) All findings shall be based on substantial evidence in the record;

(11) All findings shall include a statement of the supporting evidence;

(12) Written findings shall be prepared and signed by the hearing officer within 15 calendar days after close of the hearing;

(13) Review of the hearing officer’s findings shall be sought as provided in Cal. Civ. Proc. Code §§ 1094.5 and 1094.6 within 90 days after final action by the city, except when the hearing officer’s findings and decision are final as provided in this chapter;

(14) The 90-day period of limitations provided in Cal. Civ. Proc. Code § 1094.6 is hereby adopted for this chapter.

(b) “Change of use” means a 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 spaces to accommodate mobile homes for human habitation. “Change of use” includes, but is not limited to, a change of the mobile home park or any portion thereof to a condominium, stock cooperative, or any form of ownership wherein mobile home spaces within the park are to be sold for residential use; or change to another residential use or to a commercial or industrial use; or the cessation of use of all or a portion of the mobile home park, whether immediately or on a gradual basis; or the closure of the mobile home park. The term “conversion” is synonymous with “change of use.”

(c) “Comparable housing” shall mean housing which is comparable in floor area and number of bedrooms to the mobile home to which comparison is being made, which housing meets the minimum standards of the Uniform Housing Code.

(d) “Comparable mobile home park” means any other mobile home park substantially equal in terms of park amenities, rent, and other relevant factors, such as proximity to public transportation, medical facilities and shopping, the job market where a displaced resident is gainfully employed, and proximity to schools if the resident has school-age children.

(e) “Date of application for change of use” means the date of one of the following actions authorizing a change of use, whichever first occurs: filing of an application for a general plan amendment, rezoning, tentative map, or conditional use permit.

(f) “Eligible mobile home owner” means a mobile home owner whose mobile home was located in a mobile home park on the earlier of the following: (1) the date of application for a change of use; (2) the date of filing of a notice of determination that the park is undergoing a change of use pursuant to Section 18.195.050, if such notice was filed.

(g) “Mobile home” means a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Cal. Veh. Code § 35970. “Mobile home” includes manufactured home, as defined in Cal. Health & Safety Code § 18007, and a mobile home, as defined in the Health and Safety Code, but does not include a recreational vehicle, as defined in Cal. Civ. Code § 799.24, or a commercial coach, as defined in Cal. Health & Safety Code § 18001.8, or factory-built housing, as defined in Cal. Health & Safety Code § 19971.

(h) “Mobile home owner” means a person who has a tenancy in a mobile home park under a rental agreement, having the right to the use of a mobile home space on which to locate, maintain, and occupy a mobile home, site improvements, and accessory structures for human habitation, including the use of the services and facilities of the mobile home park. “Mobile home owner” does not include a person who is a resident in a mobile home but who does not have a tenancy.

(i) “Mobile home park” means any area or tract of land within the city of Fremont where two or more mobile home spaces are rented, or held out for rent, to accommodate mobile homes.

(j) “Mobile home space” means the site within a mobile home park intended, designed, or used for the location or accommodation of a mobile home and any accessory structures or appurtenances attached thereto or used in conjunction therewith; provided, however, that the term “mobile home space” shall also include the term “mobile home” in those cases and in only those cases in which an individual rents or leases both a mobile home site and the mobile home located on that site from the park owner.

(k) “Park owner” means any owner, lessor, or sublessor of a mobile home park in the city who receives or is entitled to receive space rent under a rental agreement for the use or occupancy of any mobile home space thereof, and the representative, agent, or successor of such owner, lessor, or sublessor, and is required to report to the Internal Revenue Service any income received or loss of income resulting from such ownership or claims any expenses, credits, or deduction because of such ownership. “Park owner” does not include a mobile home owner who rents out or subleases the mobile home owned by such mobile home owner.

(l) “Mobile home tenant” is 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 a member of the immediate household of the mobile home owner.

(m) “Resident” means any person lawfully occupying a mobile home, including a mobile home owner, mobile home tenant, or member of the immediate household of the mobile home owner or mobile home tenant. (Ord. 1842 § 2, 10-11-88. 1990 Code § 8-10101.)

18.195.030 Duty of director of community development to maintain list of housing specialists.

The director of community development shall compile and maintain a list of persons, firms and organizations with proven expertise in the fields of housing and relocation of persons displaced from housing. Those listed shall be qualified in assisting residents in locating replacement housing, rendering financial advice on qualifying for various housing types, explanation of the range of housing alternatives available, the ability to gather and present to persons needing housing relocation assistance and adequate information as to available housing, and the ability to transport persons unable to drive to housing alternatives. (Ord. 1842 § 2, 10-11-88. 1990 Code § 8-10102.)

18.195.040 Conversion impact report – Data on mobile home owners and tenants – Duty to file.

(a) Any person who files an application with the city for a general plan amendment or for a rezoning of land use type or density, or for approval of a tentative map (including a tentative parcel map), or other application for the purpose of a change of use of a mobile home park shall simultaneously file a conversion impact report with the director of community development, complying with the requirements of this section. No such application shall be considered or deemed completed or processed for consideration and approval unless and until such conversion impact report shall have been filed as required by this subsection.

(b) The conversion impact report shall contain the following information:

(1) The names and addresses of all mobile home owners within the mobile home park (including absentee mobile home owners), as shown on the rental agreement applicable thereto, and the names and addresses of all mobile home tenants within a period commencing on the earlier of the following dates: (A) the date of application for change of use; (B) the date of filing of a notice of determination that the mobile home park is undergoing a change of use pursuant to Section 18.195.050, if such a notice was filed prior to the application.

(2) The age, including date of manufacture, of each mobile home within such park, including the type of mobile home, width characteristics, size, and number identifying the mobile home space being occupied.

(3) A list of vacant mobile home spaces in comparable mobile home parks within a 20-mile radius of the park which is the subject of the application or request, and in mobile home parks within a 200-mile radius of such park. The list shall contain a schedule of site rental rates for each mobile home park listed, and criteria of the management of each mobile home park for acceptance of mobile home owners as new tenants and mobile home tenants.

(4) A designation of the names, addresses and telephone numbers of one or more housing specialists from the list compiled by the director of community development pursuant to Section 18.195.030, and the names, addresses and telephone numbers and fee schedules of persons qualified as mobile home movers and of persons who are qualified appraisers of mobile homes. There shall be included an explanation of the services which the housing specialists will provide. The applicant may designate other housing specialists, mobile home movers, and appraisers; provided, however, that use of any such persons pursuant to this chapter shall be subject to approval by the director of community development after an investigation into the qualifications of any such persons.

(5) A relocation plan, which will include a timetable for implementing the physical relocation of mobile homes, implementation of relocation assistance, and conversion of the park to one or more other uses.

(6) A specification of relocation assistance, which shall comply with the requirements of Section 18.195.080.

(c) A list of the names, addresses and mobile home space identification numbers of all persons whose names are required pursuant to subsection (b)(1) of this section shall be filed separate and apart from the conversion impact report. The applicant shall file such list with the director of community development not later than the date of application for change of use. Where the obligation to file a conversion impact report arises from the filing of a notice of determination that the park is undergoing a change, pursuant to Section 18.195.050, the owner shall file such list not later than 30 days after the date of filing of such notice of determination. If such names include mobile home owners and mobile home tenants who owned or occupied mobile homes within the park within the required period but had subsequently relocated, the list shall include, where such information is available to the applicant, the addresses or locations to which any such persons relocated during such period. The list shall indicate whether each person included is a mobile home owner or is a mobile home tenant, and shall clearly indicate the persons who are not residing in the park. Because the use of such a list has a significant effect on the privacy of the persons who may be identified therein, the director of community development shall maintain each such list as a confidential public record which shall not be disclosed to the public except as required by the California Public Records Act, Cal. Gov’t Code §§ 6250 et seq. (Ord. 1842 § 2, 10-11-88. 1990 Code § 8-10103.)

18.195.050 Occupancy of park below 25 percent – Determination of change of use.

(a) Whenever 25 percent or more of the total number of mobile home spaces of a mobile home park are uninhabited and such situation was not caused by physical disaster, including, but not limited to, fire, flood, storm, earthquake, landslide, or by any other condition beyond the control of the park owner, the park owner shall file with the director of community development a written notice to such effect. For purposes of this chapter, a mobile home space is “uninhabited” when it is either (1) unoccupied by a mobile home, or (2) occupied by a mobile home in which no persons reside, or (3) occupied by a mobile home owned by the park owner and the mobile home is occupied by a mobile home tenant; provided, that, in regard to this number (3) provision, a majority of the mobile home owners (other than the park owner and other than mobile home tenants of mobile homes owned by the park owner) may enter into an agreement with the park owner exempting the park owner for a period not to exceed five years, from the requirement to file a written notice pursuant to this subsection (a). The existence of such a condition as described in this subsection shall be deemed a “change of use” for purposes of this chapter.

(b) Whenever a mobile home owner or mobile home tenant has reason to believe that the mobile home park is uninhabited as described in subsection (a) of this section, such mobile home owner or mobile home tenant may file a written statement to that effect with the director of community development. Such statement shall indicate the particular mobile home spaces which the mobile home owner or mobile home tenant believes to be uninhabited. Upon receipt of such statement, the director of community development shall cause an investigation and inspection to be conducted as to the correctness of such statement. Upon completion of the investigation and inspection, the director shall conduct a public hearing as to the correctness of the statement upon not less than 30 days’ written notice to the park owner, to the person who filed such statement, and to all mobile home owners and mobile home tenants of the mobile home park; the park owner shall promptly provide the director with the names of all mobile home owners and mobile home tenants. At the hearing the park owner and any resident thereof may present evidence as to the correctness of the statement. At the conclusion of the hearing the director of community development shall make a determination as to whether the statement is or is not correct.

(c) Upon the filing of a notice pursuant to subsection (a) of this section or the making of a determination that the statement is correct or incorrect pursuant to subsection (b) of this section, the director of community development shall transmit to the park owner a written notice by certified mail, return receipt requested, or by personal service, which notice shall state, if a notice was filed pursuant to subsection (a) of this section, that the mobile home park is determined to be undergoing a change of use, or, if the determination was made pursuant to subsection (b) of this section, that such park is determined to be undergoing or not to be undergoing a change of use, as the case may be. If the determination was made pursuant to subsection (b) of this section, written notice thereof shall be given to the park owner and the mobile home owner or mobile home tenant who filed the statement. The director of community development shall file a copy of such notice with the planning commission. The notice of determination of change of use shall also direct the park owner to prepare a conversion impact report pursuant to Section 18.195.040, and the director of community development shall establish a reasonable period of time for the preparation of such report pursuant to the requirements of Section 18.195.040.

(d) After receiving the conversion impact report, the director of community development shall proceed as provided in Section 18.195.100.

(e) The determination of the director of community development pursuant to subsection (b) of this section may be appealed by the mobile home owner or mobile home tenant who filed the statement, or by the park owner, by filing a written notice of appeal with the secretary of the planning commission not more than 15 calendar days after the date of the notice of determination. The planning commission shall conduct a public hearing on the appeal, and not less than 30 days’ notice thereof shall be given by the secretary to the park owner and the mobile home owners and mobile home tenants thereof. At the public hearing the planning commission shall consider the investigation and inspection report of the director of community development, the evidence presented by the park owner and any mobile home owner or mobile home tenant thereof as to the correctness of the statement, and at the conclusion thereof the planning commission shall render written findings and a decision on the correctness of the statement. The findings and decision of the planning commission may be appealed to the city council pursuant to Chapter 1.25 (commencing at Section 1.25.010).

(f) The failure of the park owner to prepare a conversion impact report within the time required by the director of community development pursuant to subsection (c) of this section is hereby determined to have a severely adverse economic effect upon mobile home tenants and eligible mobile home owners due to the delay in providing necessary relocation assistance which would result from such failure. Such failure is hereby determined to be a public nuisance. If the park owner fails to prepare or cause to be prepared a conversion impact report within such required time, the director of community development shall cause such report to be prepared. Upon completion of such report, the director of community development shall cause a statement of the cost of preparation of such report to be sent to the park owner. If the park owner fails to reimburse the city for such cost within 30 calendar days after presentation of such statement, the director of community development shall prepare a report on such expense and file it with the city clerk. The city clerk shall thereupon submit written notice to the mobile home park owner of the time and place when the city council shall receive and consider such report and give the park owner not less than 30 days’ written notice thereof by certified mail. At the time and place fixed for receiving and considering such report, the city council shall hear the same together with any objections which may be raised by the park owner liable to be assessed for the cost of the report. The director of community development shall attend such meeting with his/her record thereof, and upon such hearing, the city council shall make such modifications in the proposed assessment thereof as it may deem necessary, after which such report and assessment shall be confirmed by resolution. The amount of the cost of preparation of such report shall constitute a special assessment against the mobile home park and, after thus made and confirmed, shall constitute a lien on such property for the amount of said assessment until paid. The director of finance shall cause the amount of the assessment to be entered on the city assessment roll opposite the description of the particular property, and the amount shall be collected with all other taxes thereon upon the property. Thereafter such amounts shall be collected at the same time, and in the same manner, as general city taxes are collected and shall be subject to the same penalties and interest, and the same procedure and sale in case of delinquency as provided for city taxes. All laws and ordinances applicable to the levy, collection and enforcement of city taxes are hereby made applicable to such special assessment.

(g) The provisions of this section shall not be applicable if an application for conversion of a mobile home park shall have been filed pursuant to this chapter prior to the filing of a notice pursuant to subsection (a) of this section, or of a written statement pursuant to subsection (b) of this section, where such application is pending.

(h) For purposes of the following sections of this chapter, the park owner whose mobile home park shall have been determined by the director of community development to be undergoing a change of use shall be deemed to be an “applicant.” (Ord. 1842 § 2, 10-11-88; amended during 2012 reformat. 1990 Code § 8-10104.)

18.195.060 Conversion impact report – Informational meeting(s) – Notice and distribution to mobile home owners and residents.

(a) Not less than 30 days prior to the administrative hearing on the conversion impact report scheduled pursuant to Section 18.195.100(a), the applicant shall transmit to the mobile home owner and mobile home tenant of each mobile home occupying a mobile home space within the park a copy of the conversion impact report, a copy of this chapter, and notices of the date, time and place of the administrative hearing on the conversion impact report and the informational meeting or meetings required to be held pursuant to subsection (d) of this section.

(b) The copies of the conversion impact report and this chapter, and notices of the administrative hearing and the informational meetings, shall be transmitted either by certified mail, return receipt requested, or by personal service. When personal service is made, a written certificate of proof of service shall be filed with the director of community development. Where more than one person occupies a mobile home, notice need only be sent to the person or persons whose name or names appears on the rental agreement pertaining to that mobile home space.

(c) Not less than 15 days prior to the date of the administrative hearing, the applicant shall cause to be filed with the director of community development a verification that the applicant has complied with the requirements of this section pertaining to transmittal of copies of the conversion impact report and of this chapter and of the notices of the administrative hearing on the conversion impact report and on the informational meeting or meetings. Where such transmittal has been by certified mail, copies of return receipts shall be filed. When such transmittal has been by personal service, a list shall be filed with the name of each person served and the date of service.

(d) Not later than 14 days prior to the scheduled administrative hearing on the conversion impact report, the applicant shall conduct not less than one informational meeting for the residents of the mobile home park regarding the status of the application for conversion or the impending change of use, the timing of proposed relocation of residents, relocation benefits available, and the contents of the conversion impact report. The meeting shall be conducted on the premises of the mobile home park. The applicant may conduct a series of meetings of groups of residents if a sufficient number are scheduled to accommodate all of the residents. The housing specialist or specialists designated in the conversion impact report shall be present at such meeting or meetings.

(e) Not less than five days prior to the administrative hearing on the conversion impact report, the applicant shall file with the director of community development a statement made under penalty of perjury that the applicant has complied with the requirements of subsection (d) of this section. Such statement shall state the date, time, and place where such meeting or meetings was or were conducted. (Ord. 1842 § 2, 10-11-88. 1990 Code § 8-10105.)

18.195.070 Notice to new residents regarding pending change in status of park – Relocation assistance.

When an application for a change of use of a mobile home park has been filed with the director of community development, or when the director of community development has transmitted a notice pursuant to Section 18.195.050(c) that a mobile home park is undergoing a change of use, the park owner shall advise each new resident who commences occupancy of a mobile home within such park after the filing of such application or transmittal of such notice in writing, prior to commencement of such occupancy, that such application has been filed, or that such determination has been made, and that the resident may not be entitled to any relocation assistance pursuant to Section 18.195.080. The park owner shall obtain a signed acknowledgement of each such resident indicating receipt of such information. (Ord. 1842 § 2, 10-11-88. 1990 Code § 8-10106.)

18.195.080 Relocation assistance.

(a) The applicant shall include within the conversion impact report a statement of the relocation assistance which complies with the requirements of this section and that the applicant shall be responsible for providing such relocation assistance when the planning commission shall have determined that the conversion impact report complies with the requirements of this chapter except where and to the extent that any such applicant shall have been exempted from any such requirement pursuant to Section 18.195.100.

(b) Relocation assistance shall consist of the reasonable costs of relocating each eligible mobile home owner giving consideration to each of the following factors:

(1) The in-place value of each mobile home, up to 100 percent where necessary to mitigate hardship of the mobile home owner, with the in-place value determined without consideration of the effect the change of use may have on the value of the mobile home.

(2) The age, type, style, size and amenities of each mobile home.

(3) The likelihood that each mobile home will be accepted at another mobile home park within a reasonable distance and consideration of the mobile home owner’s job location, medical facilities and other important facilities.

(4) The availability of housing for the mobile home owner at a reasonable cost in new housing to be created on the conversion site and the displacement cost for the construction period, including housing and living expenses.

(5) All four of the above factors are to be utilized together with the object of mitigating the hardship on the mobile home owner and avoiding economic waste for the mobile home park owner.

(c) In order to facilitate the intentions of the mobile home owners and an applicant for a change of use with regard to a change of use, the parties may agree to mutually satisfactory relocation assistance. To be valid, such an agreement shall be in writing, shall include a provision stating that the mobile home owner is aware of the provisions of this chapter, shall include a copy of this chapter as an attachment, shall include a provision in at least 10-point type which clearly states the right to seek and the importance of obtaining an attorney’s advice prior to signing the agreement, and shall be drafted in form and content otherwise required by applicable state law. No mobile home owner signing a relocation assistance agreement provided for in this subsection may contest the adequacy of the conversion impact report at the hearing on such report. Any mobile home owner signing such an agreement may rescind it in writing within 10 days of signing it. Any such agreement which is procured by fraud, misrepresentation, coercion or duress, of any kind, shall be void and unenforceable.

(d) Services of Housing Experts. All eligible mobile home owners, except for those not occupying mobile homes within the mobile home park, and all mobile home tenants of eligible mobile home owners shall be provided with the services of one or more housing experts to assist them in relocating to available and appropriate housing upon their request. Any such experts shall be familiar with the housing market, individual needs for housing types, and income and loan requirements of various types of housing. Such assistance shall include financial advice, the explanation of the various housing alternatives available, and transportation of residents who are unable to operate motor vehicles to the various housing alternatives. Language translators shall be made available when necessary. Any housing experts or language translators selected by the applicant shall be subject to the approval of the director of community development.

(e) Right of First Refusal – Below Market Rate Housing on Site. All eligible mobile home owners and all mobile home tenants of eligible mobile home owners shall be provided with a right of first refusal to purchase housing to be constructed for sale on the site of the mobile home park, or to lease or rent rental housing to be constructed for lease or rental on such site. Such persons shall also be entitled to first priority as to purchase or rental of below market rate units which may be constructed on the site of the mobile home park pursuant to the applicable program of the city if such persons are otherwise qualified for such housing.

(f) No benefits shall be provided to any person who is renting a mobile home from the park owner (who owns the mobile home) where such tenant shall have executed a written agreement with such park owner waiving his or her rights to any such benefits. No such waiver shall be valid unless it contains the text of this section, and unless such tenant shall have executed a written acknowledgment that he or she has read and understands his or her rights pursuant to this chapter and knowingly agrees to waive them.

(g) No waiver by an eligible mobile home owner of any of his or her rights pursuant to this section shall be valid or effective for any purpose except with regard to a relocation assistance agreement as provided in subsection (c) of this section. (Ord. 1842 § 2, 10-11-88. 1990 Code § 8-10107.)

18.195.090 Application for exemption from relocation assistance obligations.

(a) Any person who files an application for change of use of a mobile home park may, simultaneous with such application, file an application for total or partial exemption from the obligation to provide relocation assistance pursuant to Section 18.195.080. The park owner as to whom the director of community development has made a determination pursuant to Section 18.195.050(b) may also file such an application for exemption not later than 30 days from the date of transmittal of the notice of determination by the director of community development pursuant to Section 18.195.050(c).

(b) If such application is filed, notice of such application, with the information contained therein, and distribution thereof to the owners and residents of the mobile home park shall be accomplished pursuant to Section 18.195.060(a) and (b).

(1) That provision of relocation assistance would eliminate substantially all reasonable use or economic value of the property. Such basis may only be established if it is demonstrated that the imposition of such obligations would eliminate the reasonable use or economic value of the property for alternate uses, and that continued use of the property as a mobile home park would eliminate substantially all reasonable use or economic value of the property for reasons not caused or contributed by the park owner or applicant.

(2) That a court of competent jurisdiction has determined in connection with a proceeding in bankruptcy that the closure or cessation of use of said property as a mobile home park is necessary, and that such court has taken further action which would prohibit or preclude payment of relocation assistance benefits, in whole or in part.

(d) Any such application made pursuant to subsection (c)(1) of this section shall contain, at a minimum, the following information:

(1) Statements of profit and loss from the operations of the mobile home park for the most recent five-year period of the date of the application or request, certified by a certified public accountant. All such statements shall be maintained in confidence as permitted by the California Public Records Act.

(2) If the applicant contends that continued use of the property as a mobile home park necessitates repairs or improvements or both, and that the cost thereof makes continuation of the park economically infeasible, a statement made under penalty of perjury by a general contractor licensed as such pursuant to the laws of the state of California certifying that such contractor has thoroughly inspected the entire mobile home park; that such contractor has determined that certain repairs and improvements must be made to the park to maintain the park in a decent, safe, and sanitary condition; the minimum period of time in which such improvements or repairs must be made; an itemized statement of such improvements and repairs; and the estimated cost thereof with the costs of repairs and improvements, if any, due to deferred maintenance separately identified. The applicant shall also submit a statement verified by a certified public accountant as to the necessary increase in rental rates of mobile home spaces within the park within the next five years necessary to pay for such repairs or improvements. If the director of community development requires an analysis of the information submitted by the general contractor, the director may procure the services of another such licensed general contractor to provide such written analysis, and the cost thereof shall be billed to and payment therefor shall be required from the applicant.

(3) The estimated total cost of relocation assistance which would otherwise be required to be provided pursuant to this chapter, which shall be based upon documented surveys, included with the application, of the available mobile home spaces within 20 miles of the mobile home park, and the value of the mobile homes in the park.

(4) An estimate of the value of the mobile home park by a qualified real estate appraiser if the park were permitted to be developed for the change of use proposed in the application for redevelopment of the park, and an estimate of the value of such park by such appraiser if use of the property as a mobile home park is continued.

(5) Such other information which the applicant believes to be pertinent, or which may be required by the director of community development.

(e) Any such application filed pursuant to subsection (c)(2) of this section shall be accompanied by adequate documentation as to the title, case number, and court in which the bankruptcy proceeding was held, and copies of all pertinent judgments, orders, and decrees of such court. (Ord. 1842 § 2, 10-11-88. 1990 Code § 8-10108.)

18.195.100 Change of use determination, application for conversion – Hearings – Findings.

(a) When a change of use determination has been made as provided in Section 18.195.050 or when application has been filed for a general plan amendment, rezoning, tentative map, or other application for the proposed change of use of a mobile home park, the director of community development shall schedule an administrative hearing to be held on the conversion impact report, and on any application for exemption from relocation assistance obligations, in the manner provided in Section 18.195.020(a). Findings made by the hearing officer shall be delivered to the planning commission. The hearing officer shall make specific findings on the factors listed in Section 18.195.080(b).

(b) Based on the findings of the hearing officer, the planning commission shall make findings and a decision on the adequacy of the conversion impact report and any exemption application in conjunction with a public hearing on any general plan amendment, rezoning, tentative map, or other application for a change of use.

(c) The planning commission shall make one of the following findings on the conversion impact report based on the findings of the hearing officer:

(1) That the conversion impact report complies with the requirements of this chapter.

(2) That the conversion impact report does not comply with one or more requirements of this chapter. In such instance, the planning commission shall indicate in which respects the report does not comply with any such requirement. If the project is approved, the planning commission may condition such approval upon amendments to the relocation assistance plan.

(d) Where an exemption from relocation assistance has been applied for based upon the impact of such assistance upon the reasonable use of the property pursuant to Section 18.195.090(c)(1), the planning commission shall make one of the following findings based on the findings of the hearing officer:

(1) That the applicant shall not be exempt from relocation assistance obligations because substantial evidence has not been shown that both of the following are true: that the continued use of the property as a mobile home park would eliminate substantially all reasonable use of such property, and that the cost of relocation assistance benefits which would otherwise be required by this chapter for alternative uses would eliminate substantially all reasonable use or economic value of the property for such uses.

(2) That the applicant or owner shall be exempt from relocation assistance obligations, in whole or in part, because he or she has shown substantial evidence that continued use of the property as a mobile home park would eliminate substantially all reasonable use or economic value of such property; that imposition of such obligations, in whole or in part, would eliminate substantially all reasonable alternative use or economic value of the property; and that relocation assistance is not feasible because such assistance is not capable of being accomplished in a successful manner within a reasonable period taking into account economic, environmental, social and technological factors. In making findings on an exemption application, the hearing officer and the planning commission may take into account the financial history of the mobile home park, its condition and the condition of amenities and improvements thereon, the cost of any necessary repairs, improvements or rehabilitation of such park, the estimated cost of relocation assistance benefits, the fair market value of the property for the proposed alternative use, the fair market value of the property for continued use as a mobile home park, and other pertinent evidence presented. In rendering its decision, the planning commission shall have the power to eliminate or waive all or portions of any type of benefit which would otherwise be applicable, if required by this section. The commission shall expressly indicate in its decision any such waiver or elimination and the degree thereof, and a detailed explanation of the reasons therefor.

(e) Where an exemption from relocation assistance has been applied for based upon bankruptcy proceedings pursuant to Section 18.195.090(c)(2), the planning commission shall make one of the following findings based on the findings of the hearing officer:

(1) That the application or project shall be exempt from relocation assistance obligations, in whole or in part, because a court of competent jurisdiction has determined in connection with a proceeding in bankruptcy that the closure or cessation of use of said property as a mobile home park is necessary, and because such court has taken further action which would prohibit or preclude payment of such benefits, whether in whole or in part. In rendering its decision, the planning commission shall have the power to eliminate or waive all or portions of any type of benefit to the extent necessary to comply with the judgment, order, or decree of the court.

(2) That the applicant shall not be exempt from any relocation assistance obligations based upon any actions of a court of bankruptcy, because substantial evidence has not been shown that any such court has ordered the closure or cessation of use of said property as a mobile home park, or that such court has prohibited or precluded the payment of any such benefits, or both.

(f) No application for an amendment to the general plan or zoning ordinance, or approval of a tentative map or conditional use permit for change of use of a mobile home park, shall be approved unless and until the planning commission shall have determined that the conversion impact report complies with the requirements of this chapter. The approval of an exemption from relocation assistance obligations shall have the effect of elimination of the requirement of such portion of the conversion impact report. If such conversion impact report is determined not to comply with the requirements of this chapter, the aforementioned application shall not be considered further unless and until the report is revised, an administrative hearing upon appropriate notice is conducted thereon, and the report is determined to be in compliance with the requirements of this chapter. (Ord. 1842 § 2, 10-11-88. 1990 Code § 8-10109.)

18.195.110 Appeal to city council.

(a) All decisions of the planning commission pursuant to this chapter are final and binding unless appealed to the city council pursuant to Chapter 1.25 (commencing at Section 1.25.010).

(b) In conducting the hearing on any such appeal, the city council shall be subject to all the provisions of this chapter on the same basis as the planning commission. Unless the council rules expressly otherwise, the hearing shall be de novo.

Any such appeal shall be heard in conjunction with any public hearing on any application for a general plan amendment, rezoning, tentative map, or other application for a change of use. Notwithstanding any other provision of this code to the contrary, any tentative map or other application for a change of use shall be subject to review by the city council, in the event an appeal is filed pursuant to this section.

(c) If no appeal is filed pursuant to this section, the decision and findings of the planning commission shall be final and binding notwithstanding the fact the city council is reviewing the general plan amendment, rezoning, tentative map, or other application for a change in use. (Ord. 1842 § 2, 10-11-88. 1990 Code § 8-10110.)

18.195.120 Obligations of applicant or mobile home park owner after approval of conversion impact report.

After the date of determination that the conversion impact report complies with the requirements of this chapter, the applicant shall undertake or be responsible for performance of the following obligations, except to the extent that the planning commission may have exempted the application therefrom pursuant to Section 18.195.100:

(a) Not later than 30 days from the date of such determination, the housing specialist or specialists shall make personal contact with each resident of the mobile home park and commence consultations to determine the proper relocation assistance to be provided. The housing specialist or specialists shall give each resident and former resident eligible to receive relocation assistance written notice of his or her relocation assistance.

(b) Not less than 35 days prior to the date any eligible mobile home owner is required to vacate the mobile home park, any cash or monetary relocation assistance due by agreement or by plan shall be paid to such eligible mobile home owner, or to any person, firm or corporation performing relocation-related services for the resident, as the resident may direct. If the applicant elects to take title to a mobile home pursuant to agreement or by plan, the mobile home owner shall be required to submit to the applicant all documents necessary to transfer complete title and ownership of such mobile home to the applicant, free and clear of all security interests, liens, or other encumbrances.

(c) Not more than six months from the date of such determination, any required appraisals of mobile homes shall be completed. If any such appraisal is incomplete due to any act or omission of the park owner or applicant, the otherwise required time for vacation of the mobile home park by the residents affected by such delay shall be extended by 90 days. If any such appraisal is incomplete due to any act or omission of a mobile home owner, the park owner or the applicant, as the case may be, shall give the owner of the mobile home a written notice of such deficiency, which shall state that if the appraisal is not completed within 30 days of the notice, the appraisal of the park owner or applicant, as the case may be, shall govern. If the mobile home owner does not complete such appraisal within such period, the required valuation of the mobile home shall be based upon the appraisal of the park owner or applicant, as the case may be. In addition, not more than six months from the date of such determination, the applicant or park owner, as the case may be, shall enter into contracts with moving contractors necessary for the relocation of mobile homes or personal property, or both.

(d) The date upon which any resident of the mobile home park is required to vacate such park, or upon which any mobile home owner is required to be removed from the mobile home park, shall be not less than six months from the date of notice of termination of tenancy and not less than 35 days from the date of payment of any required relocation benefits.

(e) If the park owner or the applicant, on such application, specifically requests that any of the time limitations required by this section be modified, the hearing officer shall consider any such modification and evidence relating to the need therefor at the hearing on the conversion impact report. The hearing officer shall have the power to make modifications in such time limits, both in response to a request and on the hearing officer’s own motion, in conjunction with any approval of a conversion impact report, as the hearing officer may deem just and reasonable. (Ord. 1842 § 2, 10-11-88. 1990 Code § 8-10111.)

18.195.130 Payment of relocation assistance benefits prerequisite to issuance of building permit to redevelop park.

No building permit shall be issued for the development of any real property which has been or is being converted from a mobile home park pursuant to this chapter unless and until the applicant or the owner of the property, as the case may be, who is responsible for payment of any required monetary relocation assistance, shall have filed with the director of community development a verified statement made under penalty of perjury that relocation assistance payments required pursuant to this chapter have been paid. Such statement shall specify in itemized form each payee, the amount paid, the date of payment, the type of relocation or other assistance for which each such payment was made. (Ord. 1842 § 2, 10-11-88. 1990 Code § 8-10112.)

18.195.140 Eminent domain.

In the event there is an exercise of eminent domain by the city which has the effect of a change of use on one or more mobile home sites, relocation assistance benefits shall be provided by the city to mobile home owners pursuant to the provisions of this chapter or the law of eminent domain, whichever provides the maximum benefit. (Ord. 1842 § 2, 10-11-88. 1990 Code § 8-10113.)

18.195.150 Administration fee.

The city council may by resolution establish reasonable fees to cover any costs incurred by the city in implementing this chapter, to be paid by the park owner or applicant subject to the provisions of this chapter, in accordance with the limitations of Cal. Gov’t Code § 65863.7(g). (Ord. 1842 § 2, 10-11-88. 1990 Code § 8-10114.)

18.195.160 Remedies for noncompliance.

Any park owner or applicant who violates any rights of any mobile home owner established under this chapter shall be liable to the mobile home owner for the actual damages caused by such violation, plus costs and reasonable attorneys’ fees. The city may bring an action to enforce this section on behalf of any mobile home owner. (Ord. 1842 § 2, 10-11-88. 1990 Code § 8-10115.)