Chapter 14.12
MOBILE HOME PARK RELOCATION IMPACT REPORTS
Sections:
14.12.010 Relocation impact reports (RIR).
14.12.020 Time for filing relocation impact reports.
14.12.030 Contents of relocation impact reports.
14.12.040 Hearings and notices.
14.12.050 Commission findings and decisions.
14.12.060 Effective date and appeals.
14.12.070 Subsequent modifications of mitigating measures.
14.12.080 Performance of mitigating measures.
14.12.090 Expiration and extension of relocation impact reports.
14.12.010 Relocation impact reports (RIR).
For the purposes of this chapter, any closure of a mobile home park or trailer park or any part thereof or any change of the park’s status to a vacant use shall be deemed to be a conversion of the park.
Prior to the conversion of a mobile home park or trailer park or any part thereof to any other use or to a vacant use, the person or entity proposing such conversion (referred to in this chapter as “owner”) shall file and obtain the approval of a relocation impact report (referred to in this chapter as “RIR”) in accordance with the provisions contained in this chapter. (Prior code § 12-1.301)
14.12.020 Time for filing relocation impact reports.
An RIR shall be filed by the owner and be approved by the planning and environmental quality commission prior to the giving of the written notice of change in use of a mobile home park or trailer park or any portion thereof required by subsection (f) of Section 798.56 of the Civil Code of the state. The RIR shall constitute an application for a permit requesting a change of use within the meaning of subsection (2) of subsection (f) of said Section 798.56.
If an owner files a tentative tract or parcel map to a subdivision to be created upon the conversion of a mobile home park or trailer park to another use prior to giving the written notice under subsection (f) of said Section 798.56, then the RIR shall be filed concurrently with the filing of the map.
If the written notice of change in use has been given to the tenants prior to December 18, 1984, the RIR shall be submitted on or before February 16, 1985. (Prior code § 12-1.302)
14.12.030 Contents of relocation impact reports.
The RIR shall contain the following:
A. A description of the proposed new use;
B. A timetable for the conversion of the park;
C. A legal description of the park;
D. The number of spaces in the park, the length of occupancy by the current occupant of each space, and the current rental rate for each space;
E. The date of manufacture and size of each coach;
F. The appraised market and on-site value of each of the coaches in the park. The appraiser shall be selected by the city, and the cost shall be borne by the applicant;
G. The number of residents per space in the park, the number under sixteen years of age, the number sixty years of age or over, and the number who are handicapped;
H. The name and mailing address of each tenant;
I. A list of known available spaces in the South Bay-Long Beach-Orange County area, including any written commitments from mobile home park owners willing to accept displaced tenants;
J. Estimates from two moving companies as to the per mile cost of moving coaches of various sizes, including the tear-down and set-up of coaches;
K. Proposed measures to mitigate the adverse impacts of the conversion upon the park residents; and
L. Information as to whether tenants have been offered the option of a long-term lease of the land and purchase of the improvements if the park is to be sold. (Prior code § 12-1.303)
14.12.040 Hearings and notices.
Upon the filing of an RIR, the community development director shall examine the RIR and advise the owner within thirty days after the receipt thereof whether it is complete. When a complete RIR has been filed, it shall be accepted by the director and the director shall set a time, date and place for the review of the RIR by the planning and environmental quality commission not later than thirty days after the date of acceptance. The director shall mail a copy of the RIR to all tenants of the mobile home park or trailer park and shall give notice by first-class mail or personal delivery to the owner and the tenants of the date, time and place of the hearing at least fifteen days prior thereto. The notice shall also contain a general explanation of the matters to be considered by the commission. The director may give such additional notice as the commission deems necessary or desirable. (Prior code § 12-1.304)
14.12.050 Commission findings and decisions.
A. Upon the review of the RIR and consideration of the written and oral evidence received at the hearing, the planning and environmental quality commission, by resolution, shall render its decision. The commission shall approve the RIR if the commission is able to make an affirmative finding that reasonable measures have been provided in an effort to mitigate the adverse impact of the conversion on the ability of the park residents to be displaced to find alternative housing. If the commission does not make such finding and is unable to impose reasonable measures to mitigate the adverse impact, the commission may disapprove the RIR. No other permit or approval shall be granted in furtherance of the proposed conversion, and no change of use shall occur until and unless an RIR has been approved.
B. In approving an RIR, the commission may impose reasonable measures to mitigate the adverse impacts created by the conversion, which may include, but not be limited to, any of the following:
1. Provision for the payment of the cost or partial cost of physically moving the coach to a new site, including the tear-down and set-up of coaches;
2. For those tenants who move to apartments, provision of the first and last month’s rent, plus the security deposit, not to exceed the fair market rents for new construction and substantial rehabilitation for the Los Angeles area as established by the United States Department of Housing and Urban Development. Mobile home households of one or two persons may be compensated based on a one bedroom apartment; households of three or more mobile home tenants may be compensated based on a two bedroom rental;
3. Provision of a replacement space within a fifty-mile radius of the mobile home park or trailer park;
4. Postponement of the conversion for a reasonable period of time;
5. A requirement to purchase the coaches at fair market values, determined by an independent appraiser based on either the value of the coach sold in place, including improvements, yards and the like, or the market value;
6. A provision for setting aside a certain number of units if the park is to be converted to another residential use;
7. A longer notification period allowing the owner to pay a smaller portion of the relocation costs, the amount of financial relocation to be determined by the amount of prior notification given; and
8. The owner to pay the difference in rent between the new and old park for a specified period of time. (Prior code § 12-1.305)
14.12.060 Effective date and appeals.
The decision of the planning and environmental quality commission shall become effective and final seven days after the date of its action, unless an appeal is filed in accordance with Chapter 18.72 of this code. (Prior code § 12-1.306)
14.12.070 Subsequent modifications of mitigating measures.
After an RIR has been approved, the modification of the mitigation measures imposed, including additions or deletions, may be considered upon the filing of a written application by the owner or his authorized representative. Any such application for modification shall be subject to the hearing and notice procedures set forth in Section 14.12.040. The decision and any appeal in connection with a modification request shall take place as with the initial approval. A modification of the RIR may be granted upon a finding that the approved RIR or a change of circumstances has created a substantial hardship for the owner and that any such modification will not unreasonably prejudice the interests of the tenants. (Prior code § 12-1.307)
14.12.080 Performance of mitigating measures.
All mitigation measures imposed in the approval of an RIR shall be fully performed as to each resident prior to or concurrently with such resident’s required vacation of the mobile home park or trailer park, unless otherwise provided in the mitigation measure. No resident shall be required to vacate a mobile home or trailer space unless the owner is in full compliance with all mitigation measures imposed pertaining to such resident and has otherwise fulfilled the notice requirements of the Civil Code of the state relating to “Termination of Tenancy.” (Prior code § 12-1.308)
14.12.090 Expiration and extension of relocation impact reports.
A. An RIR shall become automatically null and void if the conversion of the mobile home park or trailer park has not occurred within eighteen months after the effective date of the RIR, unless extended as provided in subsection B of this section or unless otherwise provided in the RIR or the resolution of approval of the RIR.
B. Upon an application by the owner filed with the community development director on or before the date of expiration of the RIR, an RIR may be extended by the planning and environmental quality commission, or the council on appeal, if the commission finds that the termination of the RIR would constitute an undue hardship to the owner and that the continuation of the RIR would not be detrimental or have any further adverse impact on the residents of the park. An application for an extension shall be subject to the hearing and notice procedures set forth in Section 14.12.040. In approving an extension, the commission may subject the RIR to any additional mitigation measures deemed necessary to mitigate any adverse impacts resulting from the extension. Multiple extensions may be granted, but no one extension shall be issued for more than eighteen months. (Prior code § 12-1.309)
14.12.100 Revocation.
A. Proceedings for the revocation of an RIR may be initiated by the council, the planning and environmental quality commission, or the community development director. Upon the initiation of a revocation, the commission shall conduct a hearing with notice given in the same manner as set forth in Section 14.12.040, except that notice to the owner shall be by registered mail or summons. After the hearing, the commission, by resolution, may revoke the RIR if any of the following findings is made:
1. Approval was obtained by fraud, deceit, or misrepresentation; or
2. The owner is not or has not been in compliance with the mitigation measures contained in the RIR or with the provisions of this chapter.
B. A revocation shall be effective fifteen days after the date of action by the commission, unless an appeal is filed in accordance with Chapter 18.72 of this code.
C. Upon revocation, the owner shall not be entitled to convert or change the use of the park until such time as a new RIR is filed and accepted as complete by the director, a new written notice of change of use is given to park tenants, and a new RIR is approved by the commission. (Prior code § 12-1.310)