The purpose of the Mobile Home Park Conversion Ordinance is to ensure that any conversion of these parks to other uses is preceded by adequate notice, that the social and fiscal impacts of the proposed conversion are adequately defined prior to consideration of a proposed conversion, and that relocation and other assistance is provided to park residents when warranted, consistent with the provisions of this ordinance and the California Government Code, Sections 65863.7, 65863.8, 66427.4, and 66427.5.

(Ord. 1445, eff. August 14, 2014)

   The conversion of an existing mobile home park to another use, or the closing of a mobile home park, shall require a Major Use Permit to be reviewed and approved by the Planning Commission. An application for such permit shall include the following and such other information as may be required by the Planning Director:

   (a)   A general description of the proposed use to which the mobile home park is to be converted, including a narrative and site plan.

   (b)   The proposed timetable for implementation of the conversion and development of the site.

   (c)   A report on the impact of the conversion of the mobile home park on its residents and a disposition/relocation plan addressing the availability of replacement housing for existing residents of the mobile home park consistent with Section 65863.7 of the California Government Code.

   (d)   A survey of support by the residents of the proposed conversions, consistent with Section 66427.5 of the California Government Code.

(Ord. 1445, eff. August 14, 2014)

   The conversion impact report shall include the following information:

   (a)   Detailed description of the mobile home spaces within the mobile home park;

   (b)   The monthly rent currently charged for each space, including any utilities or other costs paid by the present resident(s) thereof to the park owner;

   (c)   Name and mailing address of the primary resident(s) of each mobile home;

   (d)   A list of all comparable mobile home parks within the area. This list shall include the number of spaces and vacancies, a schedule of rents, and the criteria for acceptance of new tenants and mobile homes.

   (e)   An analysis of the economic impact of the relocation on each resident including the estimated costs of moving a mobile home and personal property to a comparable mobile home park.

   (f)   A relocation plan for which the applicant agrees to pay all reasonable moving expenses to a comparable mobile home park within the area to any mobile home resident who relocates from the park after County approval of the Use Permit authorizing conversion of the park.

(Ord. 1445, eff. August 14, 2014)

   (a)   The reasonable cost of relocation and moving expenses shall include the cost of relocating a displaced homeowner’s mobile home; payment of any security deposit required at the new site; and the reasonable difference (up to twenty-five percent (25%)) between the rent paid in the existing park and any higher rent at the new site for the first twelve (12) months of the relocated tenancy. Relocation assistance shall not exceed the in-place value of a unit. When any resident has given notice of his intent to move prior to County approval of the Use Permit, eligibility to receive moving expenses shall be forfeited.

   (b)   If the Planning Commission determines that a particular mobile home cannot be relocated to a comparable mobile home park within the area, and the mobile home owner has elected to sell his or her mobile home, the relocation plan shall identify those mobile homes, the reasons why the mobile homes cannot be relocated, then the Planning Commission shall, as a part of the reasonable cost of relocation as provided for in Government Code Section 65863.7(e) require the applicant to provide for purchasing the mobile home of a displaced home owner at its in-place market value.

   Such value shall be determined after consideration of relevant factors, including the value of the mobile home in its current location including the blocks and any skirting, siding, porches, decks, storage sheds, cabanas, and awnings, and assuming the continuation of the mobile home park in a safe, sanitary, and well maintained condition, and not considering the effect of the change of use on the value of the mobile home. If a dispute arises as to the in-place value of a mobile home, the applicant and the homeowner shall have appraisals prepared by separate, or mutually agreed upon, qualified MAI appraisers with experience in establishing the value of mobile homes. The Planning Commission shall determine the in-place value based upon the average of the appraisals submitted by the applicant and mobile home owner.

(Ord. 1445, eff. August 14, 2014)

   The Planning Commission may consider in its deliberations the results of the survey of support by the residents of the proposed conversion, prepared consistent with Section 66427.5 of the California Government Code.

(Ord. 1445, eff. August 14, 2014)

   The Planning Commission may approve a Use Permit for a mobile home park conversion if it finds that the proposed conversion meets the following requirements, in addition to the requirements of Chapter 2, Section 8-2.217:

   (a)   That the proposed use of the property is consistent with the General Plan or any community plan, and all applicable provisions of this ordinance are met;

   (b)   That the residents of the mobile home park have been adequately notified of the proposed conversion, including information pertaining to the anticipated timing of the proposed conversion.

   (c)   That there exists land zoned for new or replacement comparable mobile home parks or adequate space is available in other comparable mobile home parks within the area for the residents who will be displaced.

   (d)   That the conversion will not result in the displacement of any residents without other acceptable options to mitigate loss of housing.

   (e)   That the age, type, size, and style of mobile homes to be displaced as a result of the conversion will be able to be relocated into other comparable mobile home parks within the area or that the applicant has agreed to purchase any mobile home that cannot be relocated at its in-place value as provided for in this section.

   (f)   That if the mobile home park is to be converted to another residential use, the mobile home residents to be displaced shall be provided the right of first refusal to purchase, lease, rent, or otherwise obtain residency in the replacement dwelling units, and the construction schedule for such replacement dwelling units shall not result in a displacement of unreasonable length for those mobile home residents electing to relocate in these replacement units;

   (g)   That any mobile home residents displaced as a result of the conversion shall be compensated by the applicant for all reasonable costs incurred as a result of their relocation; and

   (h)   That the relocation plan mitigates the impacts of the displacement of individuals or households for a reasonable transition period and mitigates the impacts of any long-term displacement.

(Ord. 1445, eff. August 14, 2014)

   The Planning Commission shall impose the following conditions of approval for a Use Permit for a mobile home park conversion, in addition to any other conditions as might be required:

   (a)   The applicant shall implement a relocation plan that shall make adequate provisions for the relocation of all mobile homes and mobile home residents to be displaced as a result of the conversion. Such plan shall include provisions to relocate such mobile homes and mobile home residents in comparable mobile home parks within the area.

   (b)   The applicant shall bear all reasonable costs of relocating mobile homes and mobile home residents displaced by the conversion. Such costs may also include the cost of in place value of mobile homes which cannot be relocated, pursuant to this section, or establishing a new mobile home park for the relocation of displaced mobile homes.

   (c)   The Planning Commission shall establish the date on which the permit for conversion will become effective. Such date shall not be less than one (1) year from approval of the Use Permit, provided that conversion at an earlier date may be approved if the Commission receives a written petition requesting an earlier date signed by a majority of those persons residing in the subject mobile home park at the time of the public hearing to consider the conversion application. The effective date of the approval in such a case shall be the date set forth in the petition. Conversion at the earlier date may be approved only if the applicant has complied with all the provisions of an approved relocation plan and submitted evidence of such compliance to the Planning Director.

   (d)   No building or grading permit shall be issued for the development of a new use to which a mobile home park is being converted, pursuant to this chapter unless and until the applicant has filed with the Planning Director a verified statement made under penalty of perjury that all conditions of approval have been met or otherwise incorporated into the final project plans including the payment of all relocation assistance required pursuant to this section. Such statement shall identify in itemized form each payee, the amount paid, the date of payment, and the type of relocation or other assistance for which each such payment was made.

(Ord. 1445, eff. August 14, 2014)

   A resident's rent shall not be increased within two (2) months prior to filing an application for conversion of a mobile home park, nor shall the rent be increased to an amount greater than the Consumer Price Index for one (1) year from the date of filing of the conversion application or until relocation takes place, whichever is later.

(Ord. 1445, eff. August 14, 2014)

   In addition to any remedies or penalties for noncompliance with any County Ordinance as provided elsewhere in the County Code, any park owner or applicant who violates any rights of any mobile home owner or mobile home resident established under this section shall be liable to said person for actual damages caused by such violation, plus costs and reasonable attorney's fees. In addition, no park owner shall take any willful action to threaten, retaliate against, or harass any park resident with the intent to prevent such residents from exercising his or her rights under this section.

(Ord. 1445, eff. August 14, 2014)