Lawndale City Zoning Code
CHAPTER 17
38 MOBILEHOME PARK CONVERSION AND RELOCATION ASSISTANCE
§ 17.38.010 Intent.
This chapter is intended to provide relocation assistance to tenants of mobilehome parks who are facing involuntary eviction due to the mobile park owner's intent to convert the park to another use.
(Ord. 706-92 § 2)
§ 17.38.020 Definitions.
means a structure transportable under permit in one or more sections, designed and equipped to contain not more than two dwelling units to be used with or without a foundation. "Mobilehome" does not include a commercial coach or factory-built housing, but includes a recreation vehicle located in a mobilehome park as defined in California Health and Safety Code Section 19971. The handicap accessibility and adaptability requirements of Title 24 of the California Code of Regulations applicable to dormitories, hotels, and apartment houses shall be applicable to mobilehomes constructed for those purposes. Such structure must be occupied as a primary residence for at least six months prior to the closure of a mobilehome park.
means the registered owner or registered owners of a mobilehome, regardless of the number of such owners and regardless of the form of such ownership.
means any area or tract of land where two or more mobilehome lots are rented or leased or held out for rent or lease, to accommodate mobilehomes used for human habitation.
means the owner of a mobilehome park.
(Ord. 706-92 § 2; Ord. 716-92 § 1)
§ 17.38.030 Acts constituting conversion- Relocation impact report (RIR) required.
A.
For the purpose of this chapter, any closure of a mobilehome park or any part thereof or any change of the park status to a vacant use or any cessation of use shall be deemed to be a conversion of the park.
B.
Prior to the conversion of a mobilehome park or any part thereof to any other use or to a vacant use, the park owner shall file and obtain approval or conditional approval of a relocation impact report ("RIR") in accordance with the provisions of this chapter.
(Ord. 706-92 § 2)
§ 17.38.040 Time for filing RIR.
A.
An RIR shall be filed by the park owner and approved by the planning commission prior to the giving of the written notice of change in use of a mobilehome park or any portion as required by Section 65863.7 of the Government Code.
B.
If the park owner files a tentative tract or parcel map for 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 65863.7 of the Government Code, then the RIR shall be filed concurrently with the filing of the map.
(Ord. 706-92 § 2, 1992)
§ 17.38.050 Contents of relocation impact reports.
A.
The RIR shall contain the following:
1.
A description of the proposed new use;
2.
A timetable for the conversion of the park;
3.
A legal description of the park;
4.
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;
5.
The date of manufacture and size of each mobilehome;
6.
The appraised market and onsite value of each of the mobilehomes in the park. The park owner must choose an appraiser, within thirty days, from a list of three appraisers selected by the park tenants. The appraiser must be certified, with direct experience in mobilehome appraisal. The cost shall be borne by the park owner;
7.
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;
8.
The name and mailing address of each tenant;
9.
A list and description of known, available replacement park space within a one hundred twenty mile radius of the park. The park owner must provide transportation for those tenants with no private transportation in order to examine the potential sites;
10.
Two written estimates from moving companies of the cost of relocating mobilehomes of similar sizes and ages as those located in the park to other parks within a one hundred twenty mile radius of the park;
11.
Proposed measures to mitigate the adverse impacts of the conversion upon the park residents; and
12.
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.
B.
After application of the relocation impact report has been deemed complete by the community development director, the park owner shall agree to freezing all rents affecting all the tenants included in the proposed park closure. The park owner shall submit a notarized letter or an affidavit of acceptance subject to the review and approval of the director of community development.
(Ord. 706-92 § 2, 1992)
§ 17.38.060 Hearings and notices.
At the time of submitting the RIR, the park owner shall pay a nonrefundable fee to defray the city's expenses in reviewing the RIR. The amount of said fee shall be adopted and amended by council resolutions. 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 of community development and the director shall set a time, date and place for a hearing by the planning commission, not later than thirty days after the date of acceptance. The director of community development shall, on behalf of the park owner, mail a copy of the RIR, and a notification of the application for mobilehome park conversion pursuant to Government Code Section 65863.8 to all tenants of the mobilehome park, and shall give notice by certified mail or signed personal delivery to the park owner and tenants of the date, time and place of the hearing. The notice shall also contain a general explanation of the matters to be considered by the commission. The park owner or the applicant shall pay for all costs associated with notification of mobilehome tenants.
(Ord. 706-92 § 2, 1992)
§ 17.38.070 Findings and decisions.
A.
Upon the review of the RIR and consideration of the written and oral evidence received at the hearing, the planning commission shall, by resolution, render its decision. The planning commission shall approve the RIR if it is able to make an affirmative finding that the RIR contains the information required by this chapter and that reasonable steps, as defined herein, have been or will be taken to mitigate any adverse impact of the conversion, closure or cessation of use on mobilehome park residents. The steps required shall not exceed the reasonable costs of relocation. No permit or approval shall be granted in furtherance of the proposed conversion and no change of use, cessation of use or conversion shall occur until and unless and RIR has been approved and any mitigation measures imposed by the planning commission have been complied with by the park owner or any successor in interest to the park owner. If the closure or cessation of use of a mobilehome park results from an adjudication of bankruptcy, the provisions of this section shall not be applicable.
In approving an RIR, the commission may impose reasonable measures, not exceeding the reasonable costs of relocation, in order to mitigate the adverse impacts created by the conversion, which may include, one or more of the following:
1.
Provision for payment of the cost of physically moving the mobilehome to a new site, including tear-down and setup of mobilehomes, including, but not limited to, movable improvements such as patios, carports, porches, and other similar accessory uses;
2.
Payment of a lump sum to compensate for payment of the first and last month's rent and any security deposit at the new mobilehome park;
3.
Payment of a lump sum to compensate for any differential between rental rates at the closing of the mobilehome park and the new mobilehome park during the first year of the new tenancy. Such set lump payment is to be increased for the first two years based on the Consumer Price Index for urban consumers specifically for housing, established by the Federal Bureau of Labor Statistics for the Los Angeles/Long Beach Metropolitan Areas;
4.
For those mobilehome residents who move to apartments or other rental housing alternatives, provision for the first and last month's rent, plus security deposit, cleaning fees, 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 may be compensated based on the number of bedrooms in the mobilehome so that a one bedroom mobilehome may be compensated based on a one bedroom apartment, a two bedroom mobilehome based on a two bedroom apartment, etc.;
5.
For those mobilehome residents who move to apartments or other rental housing alternatives, a lump sum payment to compensate for any differential between rental rates at the closing of the mobilehome park and the rental housing alternative during the first year of the tenancy. Mobilehome households may be compensated based on 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 may be compensated based on the number of bedrooms in the mobilehome so that a one bedroom mobilehome may be compensated based on a one bedroom apartment, a two bedroom mobilehome based on a two bedroom apartment, etc.;
6.
Provision of a replacement space within a one hundred twenty mile radius of the mobilehome park or trailer park;
7.
A requirement that a resident whose mobilehome cannot be relocated within a reasonable distance to a comparable park be compensated by a lump sum payment based upon consideration of the fair market value of the mobilehome onsite, including resident improvements (i.e., landscaping, porches, carports, etc.), any mortgage obligations of the resident of the mobilehome, and the costs of purchasing a mobilehome onsite in a comparable park or acquiring other comparable replacement housing;
8.
A provision for setting aside a certain number of units for the residents of the park if the park is to be converted to another residential use.
B.
The following provisions shall apply to all mobilehome park conversions:
1.
After approval of the relocation impact report, the park owner shall provide some forms of security, such as the employment by the park owner of a security guard, or the installation of a security fence for the existing mobile home park tenants in order to prevent vandalism.
2.
Both the park owners and the park tenants may have their own representatives to represent their interests during negotiation.
3.
An arbitration committee may be formed comprising the park owners and park tenants to allow the resolution of any conflicts which may occur from the effective date of the relocation impact report. The committee would be a separate entity, independent of, and separate from the city, and its planning commission. The committee's function would be to address issues that were not addressed in the relocation impact report, and to resolve remaining conflicts that did not reach a consensus between the negotiating parties. Upon resolution of these conflicts, the committee would report back to the planning commission with a modification to the relocation impact report pursuant to Section 17.38.090. In the case of an impasse which the committed cannot resolve, the committee would report back to the planning commission.
4.
A contractual agreement must be reached between the park owner and the park tenants on the mitigation measures within twelve months of the effective date of the RIR.
(Ord. 706-92 § 2, 1992)
§ 17.38.080 Effective date and appeals.
The decision of the planning commission to approve or reject an RIR shall be final and effective within fifteen days unless an appeal is filed pursuant to Section 17.12.130 of the Lawndale Municipal Code.
(Ord. 706-92 § 2, 1992)
§ 17.38.090 Subsequent modification of mitigation measures.
A.
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 by the applicant, his authorized representative, or the arbitration committee. 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 applicant and that any such modification will not unreasonably prejudice the interests of the residents.
B.
After an RIR has been approved, modification of the mitigation measures imposed may be considered by the city on the grounds that there has been a change in circumstances, or information not known or considered at the time of the hearing on the RIR has become available. Examples of such new information or changed circumstances include, but are not limited to, revised plans by the applicant or a change in the availability of relocation spaces.
(Ord. 706-92 § 2, 1992)
§ 17.38.100 Performance of mitigation measures.
A.
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 mobilehome park or trailer park, unless otherwise provided in the mitigation measure.
B.
No resident shall be required to vacate a mobilehome 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 state laws relating to termination of tenancy.
(Ord. 706-92 § 2, 1992)
§ 17.38.110 Expiration and extension of relocation impact reports.
A.
An RIR shall become automatically null and void if the conversion of the mobilehome park has not occurred within twelve months of 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.
(Ord. 706-92 § 2, 1992)
§ 17.38.120 Revocation of an RIR.
A.
Proceedings for the revocation of an RIR may be initiated by the planning commission, or the director of community development. Upon the initiation of a revocation, the commission shall conduct a hearing with notice given in the same manner as set forth in Section 17.38.060 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:
B.
A revocation shall be effective fifteen days after the date of action by the commission, unless an appeal is filed pursuant to Section 17.12.130 of the Lawndale Municipal 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.
(Ord. 706-92 § 2, 1992)