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Hawthorne City Zoning Code

CHAPTER 17

64 MOBILE HOME PARK RELOCATION IMPACT REPORT

§ 17.64.010 Relocation impact report (RIR).

A. 
For the purpose of this chapter, any closure, cessation of use or conversion 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, except that this section shall not apply to a closure or cessation of use which results from adjudication of bankruptcy.
B. 
Prior to conversion of a mobilehome park or trailer park or any part thereof to any other use or to a vacant use, the person or entity proposing such conversion (hereinafter "the owner") shall file and obtain approval of a relocation impact report (RIR) in accordance with the provisions contained in this chapter.
(Ord. 1373 § 2, 1986)

§ 17.64.020 Time for filing RIR.

A. 
An RIR shall be filed by the owner and approved by the Zoning and planning commission prior to the giving of the written notice of termination of tenancy required by Section 798.56(f) of the California Civil Code. The RIR shall constitute an application for a permit requesting a change of use within the meaning of Section 798.56(f)(2) of the California Civil Code.
B. 
If an owner files a tentative tract or parcel map to a subdivision to be created upon the conversion of a mobilehome park or trailer park to another use prior to giving the written notice under Section 798.56(f) of the California Civil Code, then the RIR shall be filed concurrently with the filing of the map.
(Ord. 1373 § 4, 1986)

§ 17.64.030 Contents of RIR.

The RIR shall address the impact of the conversion, closure or cessation of use upon displaced mobilehome park residents, specifically, it shall address the availability of replacement housing in mobilehome parks and relocation cost and should include the following:
A. 
A description of the proposed new use;
B. 
A timetable for conversion of the park;
C. 
A legal description of the park;
D. 
The number of spaces in the park, length of occupancy by the current occupant of each space, and current rental rate for each space;
E. 
The date of manufacture and size of each coach;
F. 
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;
G. 
The name and mailing address of each tenant:
H. 
A list of known available spaces in the South Bay-Long Beach-Orange County area, in-eluding any written commitments from mobilehome park owners willing to accept displaced tenants.
I. 
Estimates from two moving companies as to the per mile cost of moving coaches of various sizes, including tear-down and set-up of coaches:
J. 
Proposed measures to mitigate adverse impacts of the conversion upon the park residents.
(Ord. 1373 § 6, 1986)

§ 17.64.040 Hearing and notice.

Upon filing the RIR. the owner shall provide a copy of the report to a resident of each mobilehome in the mobilehome park at the same time as the notice of such change is provided to the residents pursuant to Paragraph 2 Section f of Section 798.56 of the California Civil Code.
A written statement setting forth the right of a mobilehome park resident to request a hearing before the zoning and planning commission on the sufficiency of the RIR must be provided to a resident of each mobilehome in the mobile-home park at the time the RIR is presented to the residents.
(Ord. 1373 § 8, 1986,)

§ 17.64.050 Commission findings and decision.

A. 
Upon the request of either the owner or a park resident, the zoning and planning commission shall conduct a hearing on the sufficiency of the RIR. Such request for a hearing shall be submitted in writing to the director of planning. The commission shall approve the RIR if it 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 this 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 adverse impacts created by the conversion, which may include, but not be limited to, any of the following:
1. 
Provision for payment of the cost of physically moving the coach to a new site, including 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 security deposit, not to exceed the fair market rents for new construction and substantial rehabilitation for the Los Angeles area as established by the U.S. Department of Housing and Urban Development. Mobilehome households of one or two persons may be compensated based on a one-bedroom apartment; households of three or more mobilehome tenants may be compensated based on a two-bedroom rental;
3. 
Provision of a replacement space within a fifty-mile radius of the mobilehome 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; amount of financial relocation to be determined by amount of prior notification given;
8. 
Owner to pay the difference in rent between the new and old park for a specified period of time. The steps required under this section shall not exceed the reasonable cost of relocation.
(Ord. 1373 § 10, 1986)

§ 17.64.060 Effective date and appeal.

The decision of the zoning and planning commission shall become effective and final ten days after the date of its action unless an appeal is filed in accordance with the procedures contained in Sections 17.40.110 through 17.40.175 of this code.
(Ord. 1342 § 1 (part). 1985)

§ 17.64.070 Subsequent modification of mitigation measures.

After an RIR has been approved, modification of the mitigation measures imposed, including additions or deletions, may be considered upon filing of a written application the owner or his authorized representative. Any such application for modification shall be subject to the notice and hearing procedures set forth in Section 17.64.040. 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 for a change of circumstances has created a substantial hardship for the owner and that any such modification will not unreasonably prejudice the interest of the tenants.
(Ord. 1342 § 1, 1985)

§ 17.64.080 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 that 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/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 California Civil Code relating to "Termination of Tenancy."
(Ord. 1342 § 1, 1985)

§ 17.64.090 Expiration and extension of RIR.

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 of its effective date unless extended as provided in subsection B or unless otherwise provided in the RIR or the resolution of approval of the RIR.
B. 
Upon application of the owner filed with the director of planning on or before the date of expiration of the RIR, an RIR may be extended by the 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 notice and hearing procedures set forth in Section 17.64.040. 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.
(Ord. 1342 § 1, 1985)

§ 17.64.100 Revocation.

A. 
Proceedings of the revocation of an RIR may be initiated by the council, the zoning and planning commission or the director of planning. Upon initiation of a revocation, the commission shall conduct a hearing with notice given in the same manner as set forth in Section 17.64.040, except that notice to the owner shall be by registered mail or summons. After the hearing, the commission may, by resolution, revoke the RIR if any of the following findings are made:
1. 
Approval was obtained by fraud, deceit or misrepresentation;
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 the procedures contained in Sections 17.40.110 through 17.40.175 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 of planning, a new written notice of change of use is given to park tenants, and a new RIR is approved by the commission.
(Ord. 1342 § 1, 1985)