The purpose of this chapter is to provide for and promote the orderly growth and development of sites for mobile home parks, consistent with the City's goal of accommodating alternative housing types and to balance the interests of mobile home park owners and mobile home owners. It is also intended to mitigate the herein identified relocation challenges and adverse effects of displacement upon the displaced mobile home owners when a park is converted to another land use. (Ord. 5920 § 1 (part); June 8, 2004.)

   .010   This chapter and the requirements contained herein are not intended to apply to a recreational vehicle or recreational vehicle park. If a mobile home park contains recreational vehicles, then this chapter and the requirements contained herein shall apply only to mobile homes located within the mobile home park.

   .020   The Mobile Home Park (MHP) Overlay Zone may be combined with any zone ("underlying zone") in which residential uses are permitted or within which mobile home parks are located. The regulations contained in this chapter shall apply in addition to, and where inconsistent therewith shall supersede, any regulations of such zone with which the (MHP) Overlay Zone is combined. When the (MHP) Overlay Zone is applied to a parcel with an existing mobile home park which was established pursuant to a conditional use permit, variance or other discretionary zoning approval or permit, any conditions or regulations applied therein shall remain in full force and effect, except as to matters specified in this chapter. (Ord. 5920 § 1 (part); June 8, 2004.)

   For purposes of this chapter, the following words, terms and phrases shall have the meanings ascribed herein:

   .010   "Average Comparable Mobile Home Park" shall be defined as the mean average of all other mobile home parks within a one hundred twenty-five (125) mile radius of the mobile home park being converted, which are reasonably similar to the mobile home park being converted. Such determination of similarity shall be based upon the condition, quality, amenities and other relevant factors of the mobile home parks being compared. Such determination shall not, however, be based upon the age or location of the mobile home parks being compared.

   .020   "City Hearing Body" shall be defined as the Planning Commission. Upon any appeal to or review by the City Council pursuant to Chapter 18.60 (Procedures), the City Council shall thereafter be deemed the City hearing body for purposes of this chapter.

   .030   "Mobile Home Owner" shall be defined as a collective unit composed of the registered owner or registered owners of an individual mobile home, regardless of the number of such owners or the form of such ownership. Any notice to mobile home owners or residents required hereunder need not be given to more than one such owner or resident of each mobile home. Any relocation benefits payable to a “Mobile Home Owner” hereunder shall be deemed payable jointly and collectively to the owners on a per mobile home basis, regardless of the number of owners or residents of each mobile home. (Ord. 5920 § 1 (part); June 8, 2004.)

   Subject to the provisions of this zone, only the following primary uses and structures, either singly or in combination, shall be permitted in this zone:

   .010   Mobile home parks.

   .020   Mobile home park subdivisions. (Ord. 5920 § 1 (part); June 8, 2004.)

   The following uses and structures are permitted only when they are integrated with, and clearly incidental to, a primary use, and when the sole purpose is to provide convenience to residents of the development and their guests, rather than to the general public:

   .010   Recreation buildings, game courts, swimming pools and other similar facilities.

   .020   Recreational vehicle parks constituting an incidental section, area or number of units within a mobile home park.

   .030   Parking structures, including garages and carports.

   .040   Storage sheds or fully enclosed outdoor storage areas.

   .050   Home occupations, in compliance with the provisions of Section 18.38.130 (Home Occupations) of Chapter 18.32 (Supplemental Use Regulations).

   .060   Signs, as permitted by the provisions of the underlying zone and in compliance with Chapter 18.44 (Signs).

   .070   Laundry facilities for the residents of the mobile home park.

   .080   On-site management offices for the mobile home park. (Ord. 5920 § 1 (part); June 8, 2004.)

   Except as otherwise specifically provided in this chapter, development of any property within this zone shall comply with the site development standards of the underlying zone in which the property is located. The density of any development, including any new mobile home park development, shall not exceed the maximum density otherwise permitted by the underlying zone. If the property is in a non-residential zone, the density allowed by the "RM-3" Zone shall apply. (Ord. 5920 § 1 (part); June 8, 2004.)

   .010   Reclassification. Prior to conversion of any property upon which a mobile home park exists, or upon which a mobile home park existed at any time within the preceding two years, to another land use not otherwise permitted in this zone, the (MHP) Overlay Zone shall be required to be removed from the property by reclassification, in accordance with the procedures and conditions set forth in Chapter 18.76 (Zoning Amendments). Any application for a reclassification pursuant to the provisions of this chapter shall be deemed an application for a “change of use,” for purposes of Section 798.56 (g) of the Civil Code of the State of California or any successor provision thereto.

   .020   Conversion Impact Report. Prior to approval of a reclassification from the (MHP) Overlay Zone for any property upon which a mobile home park exists, or upon which a mobile home park existed at any time within the preceding two (2) years, the person or entity proposing such reclassification shall file fifteen (15) copies of a comprehensive conversion impact report with the City, on the impact of the proposed change of use upon the mobile home owners within the mobile home park. Such report shall contain, but need not be limited to, the following information:

      .0201   The age of the mobile home park;

      .0202   The number of mobile homes existing in the park;

      .0203   The ages of the mobile homes existing in the park;

      .0204   A detailed description of the park as to landscaping and individual site development;

      .0205   The length of time that each resident has lived in the park;

      .0206   An analysis of the availability of adequate replacement space in comparable mobile home parks within a one hundred twenty-five (125)-mile radius of the mobile home park to be converted;

      .0207   An estimate as to the costs to relocate each mobile home to an average comparable mobile home park, as defined in Section 18.26.030 (“Cost to Relocate” means disassembly and reassembly of the mobile home, including installation of awnings, skirtings, porches, and other amenities required by an average comparable park to which the mobile home could be relocated, and transportation costs as herein provided);

      .0208   The owner's proposal as to relocation benefits; and

      .0209   A general statement as to the condition of the existing park.

   .030   Availability of Conversion Impact Report. The person or entity proposing such reclassification shall make available a copy of the conversion impact report to owners of all mobile homes within the mobile home park at least fifteen (15) days prior to the hearing on the report by the City hearing body. Such mobile home owners shall be notified as to the availability of the report for examination by the person or entity proposing the reclassification, and also as to the place and time of the hearing. The person or entity proposing such change may charge such persons a reasonable duplication fee for copies of the report.

   .040   Relocation Benefits. Prior to approval of any reclassification for property upon which a mobile home park exists, or upon which a mobile home park existed at any time within the preceding two (2) years, the City hearing body shall conduct a duly noticed public hearing in accordance with the procedures set forth in Chapter 18.60 (Procedures), at which public hearing the City hearing body shall review such conversion impact report and hear testimony and evidence relating thereto. The City hearing body shall require as a condition of approval of any such reclassification that the person or entity proposing the reclassification take reasonable measures to mitigate any identifiable adverse impacts of the change of use on the ability of displaced mobile home owners to find adequate replacement space in another mobile home park. The mitigation measures by the person or entity proposing such reclassification shall be limited to the payment to the displaced mobile home owner of relocation benefits, consisting of the following amounts:

      .0401   The estimated cost of disassembly and reassembly of the displaced mobile home, including existing awnings, skirtings, porches and storage structures;

      .0402   The estimated cost of transportation of the displaced mobile home to an average comparable mobile home park; and

      .0403   The estimated additional cost the displaced mobile home owner will be required to spend to meet an average comparable mobile home park's lawful requirements for improvements to the mobile home space and the mobile home which is being relocated (collectively referred to herein as "improvement costs"). The person or entity proposing the change of use shall establish the improvement costs of an average comparable mobile home park, by surveying a representative number of comparable mobile home parks where available replacement spaces can be identified within a one hundred twenty-five (125)-mile radius from the mobile home park to be converted. These improvement costs shall be categorized as to their type, including requirements for skirting, awnings, landscaping and other applicable categories. The estimated additional cost for each displaced mobile home owner to conform to each of these categories shall also be established. These costs shall be established on the basis that the work is to be done by a professional contractor hired by the mobile home owner, rather than the mobile home owner performing the work himself. The information specified in this subsection shall be included in the conversion impact report, and shall be subject to review and approval by the City hearing body.

   .050   Private Agreements. Nothing contained in this section shall be deemed to preclude any mobile home owner and mobile home park owner from mutually agreeing upon different benefits, in lieu of the benefits otherwise required to be paid to each mobile home owner by this section.

   .060   Comparable Relocation Unavailable. In the event the City hearing body, at its sole discretion, finds, based upon the conversion impact report and information presented at the public hearing, that there are no reasonably comparable mobile home parks within a one hundred twenty-five (125)-mile radius from the mobile home park to be converted to which a displaced mobile home could be relocated, due to the age, size or condition of the displaced mobile home or for other reasons, the displaced mobile home owner shall be entitled to relocation benefits equal to those payable herein to owners of mobile homes capable of such relocation.

   .070   Relocation to a Specific Park Not Required. In no instance shall any mobile home owner be required to relocate to a specific park or location as a condition of payment of the relocation benefits; provided, however, that the benefits payable to any mobile home owner shall be those specified herein, regardless of the location or park to which the mobile home is actually moved or the availability of any such relocation space.

   .080   Notice of Effect of this Chapter. All mobile home park owners in the City of Anaheim shall notify in writing all existing and future mobile home owners and park residents, if different from such mobile home owners, (hereinafter referred to collectively as "households") of the mobile home park's rights and obligations under this chapter. Delivery of a copy of this chapter shall be deemed sufficient notification in lieu of any other notice required pursuant hereto. The notice may include, at the mobile home park owner's option, additional information relating to the procedures and effects of a change of use.

      .0801   New households shall be notified on or before the date of commencement of occupancy. If the new household commences occupancy without first notifying the mobile home park owner and without signing the mobile home park's rental documents, then notice may be given to such household within ninety (90) days of the date of execution and delivery to the mobile home park of such rental documents.

      .0802   Notice may be given by first class mail, or in the manner prescribed by the California Code of Civil Procedure Section 1162, or any other lawful means reasonably designed to insure that the household has received such notice.

   .090   Termination of Tenancies. Nothing contained in this chapter shall be deemed to authorize the termination of any tenancy within all existing mobile home parks, except as otherwise authorized by state law. (Ord. 5920 § 1 (part); June 8, 2004: Ord. 6101 § 16; April 22, 2008.)

   .010   Before the City hearing body may grant any reclassification to remove the (MHP) Overlay Zone for property upon which a mobile home park exists, or upon which a mobile home park existed at any time within the preceding two (2) years, it must make a finding of fact that the evidence presented at the public hearing establishes the existence of one or more of the following facts:

      .0101   That the proposed change of land use will not have an adverse effect upon the goals and policies for preservation of housing within the City of Anaheim, as set forth in the Housing Element of the Anaheim General Plan;

      .0102   That the proposed change of use is necessitated by the underlying site conditions which pose a threat to the life, health, safety or general welfare of the mobile home park residents;

      .0103   That the proposed change of use is necessitated by circumstances beyond the reasonable control of the owner of the property;

      .0104   That denial of the reclassification would deprive the owner of all reasonable or economically viable use of the property; or

      .0105   That the reclassification is required by public necessity and convenience and the general welfare.

   .020   Notwithstanding the requirements of this section, the approval or denial of any reclassification pursuant to this chapter shall be deemed a legislative act, reviewable exclusively pursuant to Section 1085 of the Code of Civil Procedure. (Ord. 5920 § 1 (part); June 8, 2004.)