CDC - Item 4A - Study Session For Mobilehome Park Ordinance11
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ROSEMEAD COMMUNITY
DEVELOPMENT COMMISSION
STAFF. REPORT
TO: THE HONORABLE CHAIRMAN AND COMMISSION MEMBERS
FROM: OLIVER CHI, CITY MANAGER
DATE: SEPTEMBER 25, 2007
SUBJECT: STUDY SESSION FOR MOBILEHOME PARK ORDINANCE
Existing mobilehome parks are an important part of the affordable housing stock in the
City of Rosemead. The City understands that existing parks are coming under
economic pressure to convert to more profitable land uses or to subdivide into
mobilehome condominium lots. However, the City also understands that park residents
could be displaced as a result of a mobilehome park conversion. These residents may
be unable to find space in other parks to move their home to or unable to afford the
move even if a space was available. The City desires to protect the park residents from
unreasonable evictions and undue financial hardship caused by a mobilehome park
conversion. At the same time, the City desires to recognize the rights of park owners to
pursue changes in land use. As a result of these issues, the City is drafting an
ordinance to regulate mobilehome park conversion proposals. The proposed
ordinance, which will be discussed this evening, will establish both the procedural and
substantive requirements for applications to close or convert existing mobilehome
parks.
Prepared by:
u
Michelle G. Ramirez
Economic Development Administrator
Community Development Director
Attachment A — Mobilehome Park Ordinance Proposed Draft
APPROVED FOR CITY COUNCIL AGENDA: 0.
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Ordinance No. 2007-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
CALIFORNIA RELATING TO THE CONVERSION, CLOSURE, AND CESSATION OF
USE OF MOBILEHOME PARKS
The City Council of the City of Rosemead, State of California, does ordain as follows:
SECTION 1. Intent. The City's General Plan identifies mobilehomes staa\important
segment of the city's affordable housing inventory. The mobilehomes inthe\parks are
predominately owner- occupied units which cannot be readily relocated due to theme age of the units
and the cost of moving and relocation. When a mobilehome in an existing p rar k,issold, it Fis sold
in place; rarely is a mobilehome in an existing park moved from its location SA it has been
placed in a park. There are virtually no vacant spaces in the mobilehomes--in the 6ty, and the
number of vacant spaces in the county is very small. Under the,GeneraiNpla annd State law the
City has an affirmative duty to protect and preserve affordable�housng.
The intent of this Ordinance is to ensure that
mobilehome park to any_ other use is preceded by
impacts of the proposed conversion are adequately )
conversion and that relocation and other assistance -iz
provisions of this Ordinance and Sections 65863.7
Code. /'4
This Ordinance does not apply to
park where the park owner ha'.
notification at the time they mop
specific date within three (3)yearrss
While not specificall
comply with the same
have the
se0konversion of an existing
o ice, tthat the social and fiscal
))to consideration of a proposed
)ark residents, consistent with the
.4 of the California Government
caner /occupants who move into a mobilehome
d mobilehome owner /occupant with written
on to discontinue the mobilehome park on a
notification.
filer parks are covered under this ordinance and must
a mobilehome park.
For purposes of this Ordinance, the following terms shall
Applic"antmeans the person(s), firm(s), entity(ies) or corporation(s) applying for
any application for the purpose of converting, changing to another use, closing, or
ceasing-to use land as a mobilehome park. If the owner of the controlling interest in a
mobilehome park is not the applicant, then the applicant must provide evidence of the
con rolling owner's consent to the filing of the application.
B. "Cessation of use of land as mobile home park" means a decision by the owner(s) of
a mobile home park to discontinue the use of the property as a mobile home park
which was not the result of an adjudication of bankruptcy.
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Ordinance No. 2007 -
Page 2
C. "Closure of a mobile home park" means to stop or cease leasing 20 percent or more
of the occupiable spaces to qualified homeowners.
D. "Commercial coach" means a structure transportable in one or more sections,
designed and equipped for human occupancy for industrial, professional or
commercial uses and shall include a trailer coach as defined in Section 635 of the
Vehicle Code.
E. "Comparable housing" means housing that is equivalent (or better) iii -terms of
amenities, condition, location, price and size (floor area and number ofbe`droo s) to
the mobilehome to which comparison is being made. V
F. "Comparable mobilehome park" means a mobilehome park tha -t-is equivalent (or
better) in terms of amenities, condition, location and 4rental c e tos hemobilehome
park to which comparison is being made.
G. "Conversion impact report' means a report, meeting tlie.requirements of this Chapter,
describing (i) the impacts of a mobilehome pareconv sibn on affected mobilehome
owners and residents; and (ii) the measures thaiwill betaken to mitigate adverse
impacts of such conversion on affected mobilehome owners and residents.
H. "Conversion of a mobilehome parkkmeans changing the use of a mobilehome park
for a purpose other than the rental, =or the holding out for rent, of two or more
mobilehome sites to accommodatelmol5ileihomes used for human habitation. Such a
conversion may affect anentire obileliome park or any portion thereof. A
conversion shall include, butlis,notlimlted to, a change of any existing mobile, home
park or any portion t ereof to condominium, stock cooperative, planned unit
development, or anyform o owhip wherein spaces within the mobilehome park
are to be sold, andlthe cessation of use of all or a portion of the park as a mobilehome
park, whether4,imm d atel"y r on a gradual basis, or the closure of the park.
"ConversI ion!�shallinot include the purchase of the park by its existing residents,
I. 'Date of °applicafl n for change of use" means the date of filing of an application for
wRezonmg, General Plan Amendment, Conditional Use Permit, Subdivision, Planned
D ellopm Plan, or any other discretionary land use application approval under
itlNe"16, the Subdivision Code, and /or Title 17, the Zoning Code, of the City of
Rosemead Municipal Code, which application seeks approval of a change of use of or
attia mobilehome park.
J. "Eligible mobilehome owner" means a mobilehome owner whose mobilehome was
located in a mobilehome park on the date of application for a change of use.
K. "Homeowner" means the registered owner or owners of a mobilehome, who has a
tenancy in a mobilehome park under a rental or lease agreement.
Ordinance No. 2007 -
Page 3
L. "Mobilehome ", as defined in Civil Code Section 798.3, means a structure designed
for human habitation and for being moved on a street or highway under permit
pursuant to Section 35790 of the Vehicle Code. Mobilehome includes a
manufactured home, as defined in Section 18007 of the Health and Safety Code, and
a mobilehome, as defined in Section 18008 of the Health and Safety Code, but,
except as provided in subdivision (b), does not include a recreational vehicle, as
defined in Section 799.29 of this code and Section 18010 of the Health and Safety
Code or a commercial coach as defined in Section 18001.8 of the Health and Safety
Code. ex
M. "Mobilehome park" means an area of land where two or more mobilehome*paces:aie
rented, or held out for rent, to accommodate mobilehomes used for habitation. For
purposes of this Ordinance, "mobilehome park" shall not include a mobilehome
subdivision, stock cooperative, or any park where there is any combination of
common ownership of the entire park or individual mobilehome spaces. r
N. "Mobilehome park owner" or "park owner" meansXthe owner; 9essor, operator or
manager of a mobilehome park in the City of Rosemead'`,
O. "Mobilehome space" means any area,
mobilehome park designated or used fo
P. "Mobilehome. tenant" means
mobilehome park pursuant t
mobilehome owner and who d
of the immediate household- of
lot, pad, or portion of a
one mobilehome.
occupies a mobilehome within a
lease or rental agreement with the
tenancy, was not the owner or member
owner.
Q. "Resident" means a person lawfully residing in a mobilehome park, and includes a
mobilehome owner, mobilehome tenant or member of the immediate household of the
mobilehome wner, or mobilehome tenant.
R. "Trailer °' meansYa structure designed for human habitation and for being moved on a
street or highwa without need for a permit pursuant to section 35790 of the
Califomia Vehicle Code. Trailer does not include the following recreational vehicles
asa de� ne�, Section 799.24 of the California Civil Code: motor homes, slide -in
campers, truck campers, and camping trailers. Trailer does include the following 11 i. AW
\\, recreational vehicles, as defined in section 799.24 of the California Civil Code: travel
S. "Trailer park" means an area of land where two or more trailer spaces are rented, or
held out for rent, to accommodate trailers used for human habitation, and where the
predominant number of spaces is occupied for nine or more consecutive months.
Ordinance No. 2007- • •
Page 4
SECTION 3. Vacancy Rate in Excess of 20% - Notice Required. The following shall
apply when any mobilehome park in the City has a vacancy rate of 20% or greater of the total
number of spaces in existence in the mobilehome park.
A Whenever twenty (20 %) percent or more of the total number of mobilehome spaces
or mobilehomes at a mobilehome park are vacant or otherwise uninhabited and such
situation was not caused by physical disaster, including but not limited to fire, flood,
storm, earthquake, landslide, or by another natural condition beyond the contr-olof the
owner or operator of the mobilehome park, the owner of the mobilehome p k shall
file with the Community Development Director or his designee(s) a written notice
informing the City of the current vacancy rate at the mobilehome park For ,purpo es
of this Ordinance, a mobilehome space is "uninhabited" or "vacant" when. either:
I Unoccupied by a mobilehome, or
2. Occupied by a mobilehome in which no persons reside and rent isirn ot being
paid pursuant to a bona fide rental or lease agreementv'A mobilehome shall
not be considered vacant for purposes of this Ordinance =if rentlis being paid
pursuant to a bona fide rental or lease agreement and the mobilehome is
merely unoccupied.
B. The written notice to the Community Dev_e_ lop: nt Director or his designee(s) from
the owner of the mobilehome park sli la I clearly state any known reasons for the
vacancy rate to be in excess of 20 %,,nd whethcr or not the mobilehome park owner
intends in the immediate future to convert the mobilehome park to another use.
C. If it is determined that the owner 6 8the)`p`mobilehome park intends to apply for a
conversion of the mobilehomepark Yo another use, the Community Development
Director or his designee(sshall immediately inform the mobilehome park owner of
the requirements of this Ordit ane'�'
SECTION 4. Conditional '4Us'e Permit Required. In addition to any other necessary
discretionary permit�ap lications such as a subdivision or a Design Review Permit, the
conversion of any existing mobilehome park to any other use shall require a Conditional Use
Permit. At a minimum, each application for a Conditional Use Permit to convert a mobilehome
park to apy other use -shall include the following and any additional information as may be
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required 155�,thts�Ord�inance and the Community Development Director or his designee(s):
ailed narrative description of the proposed use to which the mobilehome park is
converted.
B. The proposed timetable for implementation of the conversion and development of the
site.
C. Evidence that any tenant's rent had not been increased within the two months prior to
the filing of an application for conversion of a mobilehome park, and a statement
from the applicant that the rent at the mobilehome park shall not be increased for two
Ordinance No. 2007- • •
Page 5
years from the date of filing of the conversion application or until the date of the
commencement of relocation activities.
D. A report on the impact of the conversion of the mobilehome park on its residents and
a disposition/relocation plan addressing the availability of replacement housing for
existing tenants of the mobilehome park consistent with Section 65863.7 of the
California Government Code.
E. Upon filing an application for a Conditional Use Permit for conv�ersibn, the
Community Development Director or his designee(s) shall inform th %applican of the
requirements of Civil Code Section 798.56 and Government Code 65863.8,regarding
notification of the mobilehome park residents concerning the,proposednversion.
The Community Development Director or his designee(s) shallspecify inpiriting to
q
the applicant the information that must be submitted in order to adeq_A uately notify all
existing tenants as required by the California Government Code, the California Civil
Code, and this Ordinance. This disclosure shall be'smadel t _east thirty (30) days
prior to any hearing on the application. No hearing =on theme app ication shall be held or
any other action of the application taken until the, plican�t has satisfactorily verified
that required notices have been provided.
F. No Conditional Use Permit al
another use shall be deemed
commence until the Conversi<
this Ordinance, have been revi
designee(s) for substantial c
he`conver`sion of a mobilehome park to
I p ocessing for consideration will not
ortand Relocation Plan, as required by
ommunity Development Director or his
the requirements of this Ordinance
SECTION 5 Conversion Impact Rep rt Required. Any person filing an application for a
Conditional Use Permit to convertmobilehome park to another use shall file a Conversion
Impact Report certifiedrbylthe owner of the mobilehome park on the impact of the change of use
At �1 ..0
upon the residents of the mobilehome park. At a minimum the Conversion Impact Report shall
include the foil owing,��a\ wweell as any other Information deemed necessary and appropriate by the
Community Development Director or his designee(s):
A. AV&tfailedQdescription of the mobilehome spaces within the mobilehome park,
mcluding,but not limited to:
L, The total number of mobilehome spaces in the park and the number of spaces
2', The length of time each space has been occupied by the present resident(s)
thereof;
3. The age, size, and type of mobilehome occupying each space;
4. The monthly rent currently charged for each space, including any utilities or
other costs paid by the present resident(s) thereof;
5. Name and mailing address of the primary resident(s) of each mobilehome
within the mobilehome park on three sets of gummed labels for the mailing of
notice of public hearings.
Ordinance No. 2007- • •
Page 6
B. A list of all comparable mobilehome parks within the City of Rosemead and within
20 miles of the City. This list shall include the age of the mobilehome park and the
mobilehomes therein, a schedule of rents for each park listed and the criteria of the
management of each park for acceptance of new tenants and used mobilehomes.
Information pertaining to the availability of medical and dental services, shopping
facilities, and all nearby social and religious services and facilities shall also be
included.
C. A detailed analysis of the economic impact of the relocation, on the tenants including
comparisons of current rents paid and rents to be paid at comparable mobilehome
parks within the 20 mile relocation zone, the estimated costs of moving mobilehome
and personal property, and any direct or indirect costs associate with a relocation to
another mobilehome park.
D. A list of the names, addresses and telephone numbers. of oXem more housing
specialists, with an explanation of the services.tIrFsp is alists will perform at the
applicant's expense for the residents to be displaced. These services shall include but
not be limited to assistance in locating a suitabl`,replaa'oement mobilehome park,
coordination of moving the mobilehome and ,personal property, and any other tasks
necessary to facilitate the relocation to,another,comparable mobilehome park.
SECTION 6. Relocation Plan Required. A�Relocation Plan for tenants of a mobilehome
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park shall be submitted to the Planning ommission and City Council for approval as a part of
the application for a Conditional Uss Permitsto convert a mobilehome park to another use. The
Relocation Plan shall be certified by the €mobi ehome park owner and provide, at a minimum, for
the following: 4 j
A. The names, adddreseiRttelephoohe numbers, and fee schedules of persons in the area
who are oualified:MAI appraisers of mobilehomes.
B. The names, addressess? telephone numbers, and fee schedules of persons in the area
qua lifiedWas mobi ehome movers.
C. The�Relocation Plan shall provide specifically for compensation to very-low, low,
ands` moderate-income (0 to 80% of the median family income for the area) residents
up to maximum amount of $9,000 to help pay for any increase in rent over the
amount currently paid for a period of twelve (12) months following relocation.
D. The Relocation Plan shall specifically provide guarantees that all tenants 62 years of
age or older and all tenants who are disabled /handicapped (as defined in Sections
12926 (h), (i), 0), (k), and (1) of the California Government Code and California Fair
Employment and Housing Act, or defined in Section 802 [42 U.S.C. 3602] (h) of the
Fair Housing Act) shall be compensated up to a maximum amount of $20,000 to help
pay for any increase in rent over the amount currently paid for a period of twenty -four
Ordinance No. 2007- • •
Page 7
(24) months following relocation. In the case where there are no physical signs of a
disability, a verifiable doctor's note will suffice to indicate the disabled/handicapped
tenant's qualification for increased relocation under this section.
E. The Relocation Plan shall provide for the applicant to pay all reasonable moving
expenses to a comparable mobilehome park within the City of Rosemead or within 20
miles of the City to any tenant who relocates from the park after City approval of the
Conditional Use Permit authorizing conversion of the park. The reasonable cost of
relocation and moving expenses shall include the cost of relocating aa displaced
homeowners mobilehome, accessories, and possessions, including the costs for
disassembly, removal, transportation, and reinstallation of the'inobilehome and
accessories at the new site, and replacement or reconstruction of the blocks, skirting,
siding, porches, decks, awnings, storage sheds, cabanas, or earthquak`ebracing if
necessitated by the relocation; indemnification for any damage to personal property
of the resident caused by the relocation, reasonable living expenses of displaced park
residents from the date of actual displacement to the date of occupancy at the new
site; payment of any security deposit required at Y}ie e' <site; and the difference
between the rent paid in the existing park and, nyhigherkrent at the new site for the
first twelve (12) months of the relocated tenancy. hen any tenant has given notice
of his intent to move prior to City approv 1 -of the C n itional Use Permit, eligibility
to receive moving expenses shall be forfeited.
F. The Relocation Plan shall identify those `mobilehomes that cannot be relocated to a
comparable mobilehome park withinrthe City of Rosemead or within 20 miles of the
City, and the mobilehome own haer s elected to sell his or her mobilehome, the
relocation plan shall identifyzthuse mobilehomes, the reasons why the mobilehomes
cannot be relocated as provided or in Subsection E of Section 6, then the applicant
shall be required to purchasegthesmobilehome of a displaced home owner at its in-
place market value�as a part of the reasonable cost of relocation as provided for in
Government 'Code),Secftonz-�'65863.7(e). Such value shall be determined after
consideration'of elevvant factors, including the value of the mobilehome in its current
location lincluding the blocks and any skirting, siding, porches, decks, storage sheds,
cabanas, %and awnings and assuming the continuation of the mobilehome park in a
safe6`aniY y,,.and well maintained condition, and not considering the affect of the
%ge of „use on the value of the mobilehome. If a dispute arises as to the in -place
value of mobilehome, the applicant and the homeowner shall have appraisals
ep ared by separate qualified MAI appraisers with experience in establishing the
value of mobilehomes. The City Council shall determine the in -place value based
upon the average of the appraisals submitted by the applicant and mobilehome owner.
G. In order to facilitate a proposed conversion, the residents and mobilehome park owner
may agree to mutually satisfactory conditions. To be valid, however, such an
agreement shall be in writing, shall include a provision stating that the resident is
aware of the provisions of this ordinance, shall include a copy of this ordinance as an
attachment, shall include a provision in at least twelve -point type which clearly
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Ordinance No. 2007 -
Page 8
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informs the resident that they have the right to seek the advice of an attorney of their
choice prior to signing the agreement with regard to their rights under such agreement
and shall be drafted in the form and content otherwise required by applicable state
law.
SECTION 7. Notice and Distribution of Relocation Impact Report. Not less than
fifteen (15) days prior to a scheduled hearing before the City Council, the ownerof the
mobilehome park shall transmit to the owner and occupant of each mobilehome occupying a
space within the mobilehome park a copy of the relocation impact report, a cop of this
Ordinance, and notices of the dates, times and places of the public hearings or -any
informational meetings. The copies provided shall be free of charge. Proof ofservice. of
distribution of the impact report to each resident must be filed by the applicant\with the City
Manager or his designee(s) seven (7) days prior to the hearing and shall,be signed under
penalty of perjury.
SECTION S. Required Findings for Conversion. In appioving,a Conditional Use Permit
for a mobilehome park conversion, the City Council shallbfindthat the proposed conversion
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meets the following requirements in addition to the other,requirements of this Ordinance:
A. That the proposed use of the property is consistent with,the General Plan and any and
A' _ M
all of its Elements, any applicable Specific Plan or Planned Development Plan or
similar mechanism provided for in State law or City Ordinances and this Ordinance.
B. That the residents of the mobilehome park have been adequately notified of the
proposed conversion, includi
,,A inform�aytion pertaining to the anticipated timing of the
proposed conversion. Y
C. That the age, type, stye, and style"of mobilehomes to be displaced as a result of the
conversion wille- e le to be relocated into other comparable mobilehome parks
within the City of Rosemead or within 20 miles of the City, or that the applicant has
agreed to pure aseaanny mobilehome that cannot be relocated at its in -place value as
proed for irfiis Ordinance.
D. That any mobile \Ihome residents displaced as a result of the conversion shall be
ompensited�by the applicant for all reasonable costs incurred as a result of their
E. `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.
F. That if the mobilehome park owner files a tentative or parcel map for a subdivision to
be created from the conversion of a rental mobile home park to resident ownership,
the mobilehome park, pursuant to Government code section 66427.5, offers each
existing tenant an option to either purchase his or her condominium or subdivided
Ordinance No. 2007- • •
Page 9
unit, which is to be created by the conversion of the park to resident ownership, or to
continue residency as a tenant.
SECTION 9. Conditions of Approval. The City Council shall impose any necessary and
appropriate conditions of approval to satisfy and implement the intent, purpose, and content of
this Ordinance. In addition, any other necessary and appropriate conditions of approval to
protect the health and safety of the residents of the City of Rosemead may be imposed. . The
City Council may approve or conditionally approve a Conditional Use Permit for conversion
oversion
involving the closure of the park or cessation of the use of the land as a mobile homp�ark, with
no intended new use of the land as a mobilehome park and no intended new us` other`han the
closure or cessation, proved the mobilehome park owner has properlycomplied with the
requirements of this Ordinance and there is no evidence that the current mobilehome park owner
or prior owners have attempted to evict or otherwise cause the rem oval of residents for the
purpose of avoiding or reducing payment of relocation expenses.
SECTION 10. Effective Date of Conversion. The
which the Conditional Use Permit for conversion will b
less than twelve (12) months from the decision of the,C
an earlier date may be approved if the City Council r(
earlier date signed by two - thirds of those persons,residir
time of the City Council public hearing to consider the
date of the approval in such a case shall bekthedate set VNI
earlier date may be approved only if tho�ity)Qounc€il m
has complied with all the provisions of ai tapproved=Rel
such compliance to the Community Devel p ent #Direc
Section 6.
t tuncil,shall establish the date on
men effective. Such date shall not be
\ N ..,
Council, provided that conversion at
ves awritten petition requesting an
n eubject mobilehome park at the
inversion application. The effective
th in the petition. Conversion at the
;s specific findings that the applicant
ition Plan and submitted evidence of
or his designee(s) as provided for in
SECTION 11. Issuance\of Grading and /or Building Permits. No building permit shall be
issued for the developmenitMof or Al any real property which is being converted from a
mobilehome park pursuantto this Ordinance unless and until the applicant has filed with the
Community Development Director or his designee(s) a verified statement made under penalty of
perjury that all conditions ofiapproval have been met or otherwise incorporated into the final
project plans including the payment of all required relocation assistance required pursuant to this
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Ordinance. Such statement shall identify in itemized form each payee, the amount paid, the date
of paymem -,.and the,. type of relocation or other assistance for which each such payment was
SECTION 12. Lapse of Conditional Use Permit. An approved Conditional Use Permit for
conversion, if not used for the purpose for which it was granted, shall lapse three (3) years
following the date on which the permit became effective. The Planning Commission may revoke
a lapsed Conditional Use Permit following a public hearing. A conditional use permit shall be
deemed effective if, within three years, more than ten percent (10 %) of eligible tenants or owners
have been relocated. The owner of the mobilehome park may request an extension setting forth
justification for not having proceeded within the three year period. An application for extension
must be filed with the Community Development Director or his designee(s) no less than thirty
Ordinance No. 2007- •
Page 10
(30) days prior to the expiration of the conversion permit or any extension. The City Council
shall hold a public hearing on the application and upon completion of the public hearing shall
approve, approve with conditions, or deny the application for extension.
SECTION 13. Relocation Assistance by Applicant.
13.1 Statement of Purposes. The provisions of this section provide for relocation
assistance to tenants of mobilehome parks facing eviction due to the owner's intent to convert
Section 2 of this
(California Civil
the mobilehome park to another use.
13.2 Definitions. For the purposes of this section, the
Ordinance, and in Article 1 of the California Mobilehome Re
Code, Section 798, et seq.), the following definitions shall apply:
A. "Notice to Quit" means in the case of a tenant
798.55(b) of the California Civil Code.
B. "Qualified Resident" means any resident, as
section 798.11, who satisfies any of the fo
receives a Notice to Quit as defined
in Sections 12926 (h), (i), 0), (k),
California Fair Employment and H
802 [42 U.S.C. 3602] (h) of the Fa ii
whom is legally dependent (as�Mi
more minor children; or is_ a ppersc
income (0 to 80% of the median-fa
the U.S. Department ofH sing an(
confirmed by the State Deartme
amendment to Seetic
by Section
is 6kd`in California Civil Code
riteria on the date said resident
is attained,age 62; is disabled as defined
fthe California Government Code and
;t,iis handicapped as defined in Section
Act; or is a person residing with and on
W federal income tax purposes) one or
income is within the low to moderate -
me for the area) category as defined by
)Urban Development for its Section 8 program as
I of Housing and Community Development in
25 of the California Code of regulations.
C. "Tenant ";means.aN omeowner, as defined in California Civil Code Section 798.9.
D. "Qualified Tenant" means any tenant who satisfies any of the following criteria on
the date said<tenant receives a Notice to Quit as defined above: has attained age 62, is
disabled,as defined in Sections 12926 (h), (i), 0), (k), and (l) of the California
Go emment Code and California Fair Employment and Housing Act, is handicapped
�as defined in Section 802 [42 U.S.C. 3602] (h) of the Fair Housing Act; or is a person
iesding with and on whom is legally dependent (as determined for federal income tax
purposes) one or more minor children; or is a person whose income is within the low
to moderate - income (0 to 80% of the median family income for the area) category as
defined by the US Department of Housing and Urban Development for its Section 8
program as confirmed by the State Department of Housing and Community
Development in amendment to Section 6932 of Title 25 of the California Code of
regulations.
Ordinance No. 2007- • •
Page 11
13.3 Relocation Assistance Required.
A. General Rule. The owner of a mobilehome park shall provide relocation assistance
in connection with the change of use, as defined in Civil Code Section 798.10 of the
mobilehome park, or any portion thereof.
B. Exception. This section shall not apply where: (1) the change of use results from the
City's refusal to extend a conditional use permit, or similar permit, upon good faith
request of the owner of the mobilehome park for such an extension; (2) where the
California Department of Housing and Community Development suspends or revokes
a permit pursuant to Health and Safety Code Section 185010; or (3) whey athe tenant
or resident received actual written notice from the owner of .the mobilehome park
prior to entering into oral or written agreement to become a resident or tenant that an
application to convert the mobilehome park to another use was on file .1ith the City
or had already been approved.
13.4 Manner of Providing Relocation Assistance.iRe 'locatibn asi" tance, where required
by the preceding subsection, shall be provided in acco dancetw�ithhRKe following provisions. .
1. Owner of Mobilehome Park's Res
A. The owner of the mobilehome4park.shall!
1) Make available to eac�hiresident at no cost, a reasonably complete and
current list of vacant" and available mobilehome park spaces or
mobilehomes witrinkthe City and 20 miles of the City, and,
2) Make a rea�soonnable,7.and good faith effort to assure that residents
without cars aretvenafno cost, and residents with cars are assisted,
in order toinspectFreplacement spaces or homes; and,
3) Hire (an�ambulancor similar vehicle, at no cost to the resident, and
othe ise tak reasonable steps to assist any disabled or handicapped
tenantswith relocation - related activities; and,
4) Pay a relation fee in order to assist each resident in meeting costs of
relocation higher rents for replacement mobilehome park spaces or
mobilehomes, and related expenses. This payment shall be made as
follows:
a) Payment of the cost of physically moving the mobilehome to a
new site as described under Section 6, Paragraph E.
b) Payment of a lump sum for moving expenses. Moving expense
payments will be made based upon a one -time fixed payment
of $1,500.
c) Payment of a lump sum based on consideration of the first and
last month's rent, security deposit, and connection charges
imposed by utility companies for starting utility service at the
new housing unit up to a maximum one -time payment of
$5,000.
Ordinance No. 2007- • •
Page 12
d) For those very -low, low, and moderate - income (0 to 80% of
the median family income for the area) mobilehome residents,
payment of a lump sum based on consideration of any
differential between rental rates at the closing mobilehome
park and the new rental unit for a period of 12- months
following relocation up to a maximum of $9,000.
e) For those who are 62 years of age or older or who area
medically proven to be permanently disabled mobilehome
residents payment of a lump sum based on consideration ofiany
differential between rental rates at the closing mobileehome
park and the residents new rental unit for a period of`twenty-
four (24) months following relocation up to a maximum of
$20,000.
f) For those owners of mobilehomes that cannot be relocatedsto a
comparable park with the City or 20 miles
40> 'the City, payment
of a lump sum based upon considerafiontof�th value of the
mobilehome as described under Section 6, Paragraph F.
B. In lieu of the assistance provided for in Paragraph.' above, owner of the
mobilehome park may elect to relocate -any tenant +or resident into a comparable
replacement mobilehome park space obilehom or rental unit, satisfactory to
the tenant or resident and payall� the actual costs of relocation. A tenant or
resident may not unreasonably withholdapproval of a replacement mobilehome
.
park space, mobilehome, or ren —bun
2. When Assistance is
A. General Rule. Where the_<N(Stice to Quit is served after the effective date of this
Ordinancetherelocation assistance specified above shall be provided at the
following'tes,
im
1) T4 ro
The-ass specified in Subparagraphs (1) and (4) of Paragraph A of
Stubdivlisbn lyabove shall be made available on or before service of the
Notice to Quit.
2) Tbe assistance specified in Subparagraphs (2) and (3) of Paragraph A of
-Subdivision 1 above shall be made for at least a 90 -day period prior to the
:peried specified in the Notice to Quit.
3) The assistance specified in Paragraph B of Subdivision 1 shall be made
available on or before service of the Notice to Quit.
B. Special Transition Rule. Where the Notice to Quit was served on or before the
effective date of this ordinance, the relocation assistance specified above shall be
provided at the following times:
1) The assistance specified in Subparagraphs (1) and (4) of Paragraph A of
Subdivision 1 above shall be made available either before the effective
date of this ordinance or within 30 days thereafter.
Ordinance No. 2007- • •
Page 13
2) The assistance specified in Subparagraphs (2) and (3) of Paragraph A of
Subdivision 1 above shall be made for at least a 30 -day period
commencing on or before the effective date of this ordinance.
3) The assistance specified in Paragraph B of Subdivision 1 shall be made
available at any time prior to the first day of trial of any action by the
management to recover possession of the mobilehome space or
mobilehome.
13.5 Affirmative Defense. In an action by the mobilehome park ovvne"t recover
possession of a space occupied by a mobilehome or to recover possession ofia mobilehome, the
defendant may raise as an affirmative defense the failure of mobilehome park. owner to provide
relocation assistance as required by this section.
13.6 Applicability. This section shall apply to judicial proceedinevtto re`ccover possession
of a space occupied by a mobilehome or to recover possession,of a,mobilehome, commenced on
or after the effective date of this ordinance. Z `
13.7 Notification to City.
A. The mobilehome park owner shall serve; -bey .personals`ervice or by United States
mail, written notice to the City's�oaiinity Development Director or his
designee(s) of the proposed term inat on of moilehome park use, accompanied by
such information and in a form design ate forsu�ch purpose by the City's Community
Development Director or his designee(s). Upon publication of this subsection in the
newspaper, the City's Com"0muunity Development Director or his designee(s) shall
forthwith notify the owners ofvall�mobilehome parks within the City limits of the
requirements of this sub`tion.
1) Where the Notice to Quit is served on or after the effective date of this
subsection the l Yice to the City Community Development Director or his
designee(s) shall be served on or before the 30 day prior to the expiration of
the pe"rio st�ate\in the Notice to Quit.
2) Where the Notice to Quit is served prior to the effective date of this
subsection, the notice to the City Community Development Director or his
m
deSignee(� shall be served on or before the 10 day prior to the expiration of
the stated in the Notice to Quit.
B. -The notice referred to in Subdivision 1 above shall be accompanied by a statement
than° the management has provided all relocation assistance required by law,
accompanied with proof of such assistance in the form of notarized signed
acknowledgements from the recipients thereof or a notarized signed waiver of
assistance.
C. If applicant/owner fails to substantially comply with this Subsection 12.7, as
determined by the City Community Development Director or his designee(s), the City
Ordinance No. 2007- • •
Page 14
Community Development Director or his designee(s) shall forthwith notify all other
appropriate City departments and officials of such noncompliance. These
departments and officials shall not issue, grant or approve any application or request
for any permit, license or other entitlement, of use (including but not limited to a
building permit, conditional use permit, zone change, variance, certificate of
occupancy, tract or parcel map) for any change of use.
SECTION 14. Relocation Assistance by the City of Rosemead.
14.1 Eligibility for Benefits and Appeal Rights of Displaced Tenant:` Any displaced
tenant who needs relocation benefits because the owner of the mobilehome park *failed io pay
benefits due hereunder shall apply to the City Manager or his designee(s) fobenefits no later
than forty -five (45) calendar days after vacating the premises. TheZCity Manager or his
designee(s) shall grant benefits only if the City has available funding and there is•aldetermination
by the City that the tenant is eligible for benefits from the applicCV6wner The #City Manager or
his designee(s) shall take into consideration the amount needed by tier enanvto secure alternative
housing. Any mobilehome park owner aggrieved by aode`cisionof tthe City Manager or his
designee(s), to grant or not grant benefits, or as to the.antount grranted; may appeal the decision.
A written notice of appeal containing a brief statement of,the ground for appeal shall be sent to
the City Manager or his designee(s) within tep(=_ 0) calendarodays from the date of the City
Manager's or designee(s) decision. The City hall hold'an informal meeting on the appeal within
twenty (20) calendar days after the notice�,of appeal is received by the City Manager or his
designee(s), and shall issue written findings within ten (A 0) calendar days after the meeting.
If after this informal meeting the owner maintains that not all of the benefits are chargeable to
the owner, because the recipients lwere not displaced tenants, no benefits were payable or on
other grounds, the owner shall submit a written appeal to the City's Appeal Board also known as
,
the Housing Development Commission within twenty (20) calendar days after mailing to him the
itemized accounting. TheZGitygs Appeal Board shall hold an informal hearing for the purpose of
determining the amount'of benefits-paid which are chargeable to the owner. If the City's Appeal
Board upholds Verde iision of the City Manager or his designee(s) a fifty percent (50 %) penalty
shall be added for lack.of�tifiely payment to the tenant(s) in addition to all of the City's
administrative costs. T17�decision of the City's Appeal Board shall be final. Failure to receive
the itemized accounting,shall not relieve the owner of any obligation to the city.
1'4,:2 %Eligible Relocation Costs. In the event the mobilehome park owner fails, neglects or
refuses-to pay a displaced tenant relocation benefits pursuant to the provisions of this Ordinance,
the it may within budgetary limitations, make payment of such relocation benefits as the City
Manager o his designee(s) determines is necessary to assist the displaced tenant to relocate, up
to the amount payable by the owner, including; without limitation, the following costs:
A. Moving Expenses (i.e. packing, crating, transporting, unpacking, and uncrating the
tenant's personal property; insurance of the tenant's property while in transit; etc) —
up to a maximum one -time payment of $1,500;
Ordinance No. 2007- • •
Page 15
B. First and last month's rent, security deposit, and connection charges imposed by
utility companies for starting utility service at the new housing - up to a maximum
one -time payment of $5,000;
C. Any other sums needed by the tenant to obtain substitute housing, as described under
Section 13.
14.3 Recovery of Costs from the Applicant /Owner by City. The City may recover from
the mobilehome park owner any amount paid by the City to a tenant pursuant to Cis section.
The city shall also be entitled to recover from the owner an additional amount equalto one -half
the amount so paid as a penalty for failure to make timely payment to the displacedtenant and
City's actual costs (including direct and indirect costs) of administering the pro_ vision of benefits
to the displaced tenant.
14.4 Lien Against the Owner's Property and Recovery ooftC ,ity Costs. Atfy amounts paid
by the City including but not limited to penalties and administrative costs may after final
confirmation by City Manager or his designee(s) or the_City uo ncil constitute a special
assessment against the property to which it relates, and after, the 'srecording of the order of
confirmation in the official records of the county recorder's office'as Kus made and confirmed, it
shall constitute a lien on the property in the amount of the a sess ent.
Prior to instituting any action to collect
section, or to impose a lien therefore, the
prepaid, at the owner's address as sho
accounting of all benefits paid by the'�Ci
owner that an informal meeting topresf
amount or liability for any amount shall
City Manager or his designee(s) within tf
in writing, shall be signed by the owner,
contention is based.
the ownerrelocation benefits paid pursuant to this
1 shall,sendtto the owner by first class mail, postage
in,,thelast equalized assessment roll, an itemized
i the owner's tenants. The invoice shall notify the
evidence or argument challenging the invoiced
available if such written request is received by the
0) calendar days of the notice. The request shall be
shall set forth the facts and reasons upon which the
Nothing contained ii this Ordinance shall require the City to pay any relocation benefits to any
tenant. it
14.5 ° Set =Off. Any damages which a displaced tenant may receive under the provisions of
this Ordinance slialbbe reduced by the amount of any benefits received from the City.
SECTION 15. Conflict. In the event the provisions of this Ordinance conflict with any
code, ordinance or regulation of the City, the provisions of this Ordinance shall govern. In the
event any provisions of this Ordinance conflict with a provision of state law, this Ordinance shall
be interpreted and applied in conformity with state law.
SECTION 16. Severability. If any section, subdivision, sentence, clause, phrase or portion
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and
such holding shall not affect the validity of the remaining portions thereof.
Ordinance No. 2007- • •
Page 16
SECTION 17. Violations. In addition to any remedies or penalties for noncompliance with
any City Ordinance as provided elsewhere in the Municipal Code, any mobilehome park owner
or applicant who violates any rights of any mobilehome owner or mobilehome tenant established
under this Ordinance shall be liable to said person for actual damages caused by such violation,
plus costs and reasonable attorney's fees. In addition, no mobilehome 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 Ordinance.
SECTION 18. Effective Date and Notice. This Ordinance shall take effI&Wthirty'(30) days
after its adoption. Within fifteen (15) days of its adoption, this Ordinance ha�lll be. publis d at
least once in a newspaper of general circulation published and circulated the City of
Rosemead.
PASSED, APPROVED, AND ADOPTED this day of X " 2007.
ATTEST:
Joe Montes, CITY ATTORNEY