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Home My WebLink AboutCC Ord 1463-A 2000-06-26 I I I ORDINANCE NUMBER II/~g -A AN ORDINANCE OF THE CITY OF SEAL BEACH ADDING A NEW CHAPTER 24A TO THE CODE OF THE CITY OF SEAL BEACH RELATING TO MOBILEHOME PARK CONVERSION AND DECLARING THE URGENCY THEREOF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section 1. The Code of the City of Seal Beach is hereby amended by adding a new Chapter 24A to read as follows" "CHAPTER 24A MOBILEHOME PARK CONVERSION Section 24A-l. Authority and Short Title, This Chapter is enacted pursuant to the City's police power and the authority of California Government Code Sections 65863,7, 65863.8 and 66427.4, This Chapter shall be known and may be cited as the "Seal Beach Mobilehome Park Conversion Ordinance. " Section 24A-2, Definitions For the purposes of this Chapter, unless the context clearly requires otherwise, the following definitions shall apply' A. "Absentee owner" means a person who owns a mobilehome in a mobilehome park and does not reside at such mobilehome B, "Affected mobilehome owners and residents" means absentee owners, resident owners and resident tenants whose mobilehome will be displaced by the conversion of a mobilehome park, ' C. "Certificate of acceptance" means a written declaration expressing a conversion proposer's acceptance ofthe conditions imposed by the City in connection with approval ofa conyersion impact report. D "Commission" means the Planning Commission of the City, E "Comparable housing" means housing that is equivalent (or better) in tenns of amenities, condition, location, price and size (floor area and number of bedrooms) to the mobilehome to which comparison is being made. F. "Comparable mobilehome park" means a mobilehome park that is equivalent (or better) in terms of amenities, condition, location and rental price to the mobilehome park to which comparison is being made. G, "Conversion proposer" means a mobilehome park owner who proposes to perfonn a mobilehome park conversion. H. "Conversion impact report" means a report, meeting the requirements of this Chapter, describing (i) the impacts of a mobilehome park conversion on affected mobilehome owners and residents; and (ii) the measures that will be taken to mitigate adyerse impacts of such conversion on affected mobilehome owners and residents. I. "Director" means the Director of Development Services of the City. 1, "Mobilehome" mean's' a "mobilehome" as such term is defined in the Mobilehome Residency Law. "Mobilehome" also means camping trailers, motor homes, slide-in campers and travel trailers when used as the occupant's primary place of residence as established by nine months continuous residency. K. "Mobilehome improvements" means carports, earthquake bracing, landscaping, new roofs, cabanas, patios, porches and similar amenities and major repairs L. "Mobilehome park" means a "mobilehome park" as such term is defined in the Mobilehome Residency Law Ordinance Number Iljb~,/f M, "Mobilehome park conversion" means (i) the conversion of a mobilehome park or any part thereof to another use; (H) the closure ofa mobilehome park or any part thereof; and (Hi) the cessation of use ofland as a mobilehome park, N, "Mobilehome Residency Law" means California Civil Code Section 798 et seq as such statute exists at the time of enactment of this Chapter or is subsequently amended, O. "Resident owner" means a person who owns a mobilehome in a mobilehome park and resides at such mobilehome, P "Resident tenant" means a person who rents or leases a mobilehome in a mobilehome park and resides at such mobilehome. I Section 24A-3. Conversion Impact Report Requirement, Unless a conversion impact report has been approved by the City and a certificate of acceptance has been recorded, no mobilehome park owner shall do any of the following: A Perfonn a mobilehome park conyersion. B. Display a sign announcing that the mobilehome park is closing, may be closing or has been closed, C. Display a sign announcing a new use for the mobilehome park property. Section 24A-4. Pre-Conversion Ouestionnaire. A Prior to filing a conversion impact report for City approval, a conversion proposer shall distribute a pre-conversion questionnaire to affected mobilehome owners and residents. The conversion proposer shall afford affected mobilehome owners and residents no less than thirty days to complete the pre-conversion questionnaire, B The Director shall promulgate a form pre-conversion questionnaire for use by conversion proposers. At a minimum, the pre-conversion questionnaire shall include provisions for declaration of the following, I I, The purchase date and purchase price for the mobilehome, . 2, The amount and tenns of any outstanding mortgage obligation for the mobilehome 3. Any mobilehome improvements that haye been paid for by the respondent and the costs of such improvements. 4, Any circumstances, including but not limited to job location, that restrict potential relocation areas, Section 24A-5. Relocation Specialist, As deemed appropriate for preservation of the public health, safety and welfare, the Director may require a conversion proposer to hire a relocation specialist to find alternate housing for affected mobilehome owners and residents. The conversion proposer shall choose the relocation specialist with the Director's approyal. The conversion proposer shall pay all costs and expenses incurred by the relocation specialist Section 24A-6 Conyersion Impact Reoort Content. 1. Legal description of the mobilehome park. I A. Each conversion impact report submitted for City approyal shall contain the following. 2 The purchase price paid by the conversion proposer to acquire the mobilehome park. 3. Current sale value ofthe mobilehome park property as a mobilehome park and as all other uses pennitted by the zoning designation of the property, 4. Description ofany use proposed to replace the mobilehome park. I I I Ordinance Number /~~-# 5, Any offers to sell or buy the mobilehome park or the property upon which it is located, 6 Timetable for the mobilehome park conversion, 7, Number of spaces in the mobilehome park and the current rental rate for each space, 8, Name, mailing address, age and disability status of each resident owner and resident tenant having a mobilehome in the mobilehome park, and whether the mobilehome constitutes such person's primary place of residence, 9, Name and mailing address of each absentee owner having a mobilehome in the mobilehome park. 10, Name and mailing address of each lender having an interest in a mobilehome in the mobilehome park, II. Manufacture date, size, length of occupancy and the appraised on-site fair market value of each mobilehome in the mobilehome park. "fair market value" shall be detennined assuming the continuation of the mobilehome park in a safe, sanitary and well-maintained condition, The appraisal shall be perfonned by an appraiser selected by the Director, The conversion proposer shall pay all costs and expenses associated with the appraisal, including any appraisal fees, 12 Estimates from two moving companies, chosen by the conversion proposer with the Director's approval, as to the cost of moving mobilehomes, relocatable mobilehome improvements, and personal property, The estimates shall include tear-down and set-up costs, "Set-up costs" include the cost of connecting utilities at the new location and the cost of any upgrades required to comply with applicable laws. 13, Estimates from two temporary lodging facilities, chosen by the conversion proposer with the Director's approval, as to the cost of providing temporary lodging for resident owners and resident tenants who are unable to complete relocation within one day. ]4, Itemization of available mobilehome spaces within comparable mobilehome parks within a fifty mile radius, Such itemization shall indicate the rental rate for each space and whether the owner of that mobilehome park has agreed in writing to accept affected mobilehome owners and residents that are displaced by the mobilehome park conversion. ]5, Itemization of available comparable housing within a fifty mile radius, Such itemization shall indicate the purchase price for each equivalent (or better) mobilehome or condominium, as well as the rental rate for each equivalent (or better) mobilehome, condominium or apartment. 16, Completed pre-conyersion questionnaires. 17, Proposed measures to mitigate the adyerse impacts of the mobilehome park conversion on affected mobilehome owners and residents. B. The Director may require a conversion proposer to include infonnation in the conyersion impact report in addition to that specified in paragraph (A) above, Section 24A-7, Public Hearing Regarding Conversion Impact Report. A Upon the filing ofa complete conversion impact report for City review, the Director shall schedule a public hearing before the Commission. Notice of the public hearing shall be provided in accordance with Section 28-2705(2) of this Code and shall also be provided as set forth in paragraph (B) below, Ordinance Number /'I'~.11 - B. At least thirty days prior to the hearing date, the Director shall perform the following actions' I Mail a notice of the public hearing and a copy of conversion impact report to affected mobilehome owners and residents, and to each lender having an interest in a mobilehome in the mobilehome park, The notice shall contain a general explanation of the matters to be considered by the Commission. The copy of the conyersion impact report shall not include the completed pre-conversion questionnaires but shall include the appraisal of the mobilehome owned or resided in by that particular notice recipient. I 2, Inform the conversion proposer in writing of the provisions ofCiyil Code Section 798,56 regarding the conversion proposer's duty to notifY affected mobilehome owners and residents of the proposed conversion. Such writing shall specifY the manner in which the conversion proposer shall yerifY that atI:ected mobilehome owners and residents have been notified of the proposed conyersion. C. The Commission shall conduct a public hearing on the conversion impact report at the time and place set forth in the hearing notice, Such hearing shall not be held before the conversion proposer has satisfactorily verified that affected mobilehome owners and residents have been notified of the proposed conversion pursuant to Civil Code Section 798.56. D, The conversion proposer shall pay all costs associated with providing notice, including any publishing and postage expenses Section 24A-8, Decision Regarding Conversion ImDact Report, A, After the conclusion of the public hearing, the Commission shall adopt a resolution approving or rejecting a proposed conversion impact report. The Commission shall approve or conditionally approve a conversion impact report if it finds that the conversion impact report contains, or has been conditioned to contain, reasonable measures to mitigate the adverse impacts of the mobilehome park conversion on affected mobilehome owners and residents, I B Subject to paragraph (C) below, the Commission may impose conditions in connection with its approval of a conversion impact report, Such conditions may include, but are not limited to, lump sum payments to affected mobilehome owners and residents to mitigate the following expenses as applicable to each particular absentee owner, resident owner and resident tenant having a mobilehome in the mobilehome park' I. The eXDense of relocating the mobilehome to a comparable mobilehome Dark. The amount of such payment shall be based upon consideration of moving, tear- down and set-up costs, "Moving costs" include the cost of moving the mobilehome and the cost of moving associated relocatable mobilehome improvements "Set-up costs" include the cost of connecting utilities at the replacement mobilehome park and the cost of any upgrades required to comply with applicable laws, 2, The expense offorfeiting the mobilehome. The amount of such payment shall be based upon consideration of: (i) the on-site fair market value of the mobilehome and associated mobilehome improyements; and (ii) any outstanding mortgage obligation of the owner. "Fair market value" shall be determined assuming the continuation of the mobilehome park in a safe, sanitary and well-maintained condition, I 3 The expense of assuming tenancy in a comparable mobilehome park The amount of such payment shall be based upon consideration of: (i) moying costs; (ii) first month's rent, last month's rent and security deposit at the replacement mobilehome park; (iii) differential between rental rates at the mobilehome park being converted and the replacement mobilehome park during the first year of relocation, and (iy) if necessary, the cost of purchasing an equivalent mobilehome in the replacement mobilehome park. , I I I Ordinance Number 1~6~& 4. The expense ofassumimz tenancy in comparable housing. The amount of such payment shall be based upon consideration of: (i) moving costs; (ii) first month's rent, last 'Ponth's rent, and security deposit at the replacement housing; and (iii) differential between the rental rate at the mobilehome park being converted and the replacement housing during the first year of relocation. 5, The expense of purchasing comparable housing. The amount of such payment shall be based upon consideration of: (i) moving costs; (ii) down payment for the replacement housing; and (iii) differential between the rental rate at the mobilehome park being converted and the mortgage payment for the replacement housing during the first year of relocation C. The conditions imposed in connection with approyal of a conversion impact report shall not exceed the reasonable costs of relocation, Conditions shall only be imposed in order to ensure that the conversion proposer adequately mitigates adverse impacts of the mobilehome park conversion on affected mobilehome owners and residents. In imposing conditions, the City shall interpret and apply this Chapter in a manner consistent with applicable law, Section 24A-9, Certificate of Acceptance. Upon City approval ofa conversion impact report, the conversion proposer shall record a certificate of acceptance on the title of the mobilehome park property City approval of a conversion impact report shall not be effective until proof of recordation of a certificate of acceptance has been delivered to the Director. The Director shall promulgate a form certificate of acceptance for use by conversion proposers. Section 24A-1 O. Performance of Mitigation Measures The conversion proposer shall fully perfonn the mitigation measures set forth in, and the conditions imposed in connection with, the approved conversion impact report. No affected mobilehome owner or resident shall be required to vacate a mobilehome space unless the conversion proposer has performed all mitigation measures and conditions of approyal applicable to such owner or resident. Section 24A-1 I. Modification of Conversion Impact Report A The Commission may, upon request of conversion proposer and after holding a public hearing, modifY the provisions of an approved conversion impact report. A modification may be approved where the Commission finds that there has been a change in circumstances, or there is new information that could not have reasonably been known or considered at the time of the original hearing on approval of the conversion impact report. B. The Commission may impose additional conditions as deemed necessary to mitigate any adverse impacts resulting from a modification of an approved conversion impact report. C. Upon City approval of modification of an approved conyersion impact report with additional conditions, the conyersion proposer shall record a certificate of acceptance on the title of the mobilehome park property. City approval of modification ofan approved conversion impact report shall not be effective until proof of recordation of a certificate of acceptance has been delivered to the Director. Section 24A-12. Expiration of Conversion ImDact Report, A, An approved conversion impact report shall expire (i) the thirtieth day after adoption of the resolution of approval, unless proof of recordation of a certificate of acceptance is deliyered to the Director prior to such date, or (ii) one year after delivery to the Director of proof of recordation of a certification of acceptance, unless an extension is granted prior to such date pursuant to this Section, B. The Commission may, upon request of the conversion proposer and after holding a public hearing, extend the tenn of an approved conversion impact report. An extension may be granted where the Commission finds that expiration of the conversion impact report would constitute an undue economic hardship to the 'conversion proposer, Ordinance Number ;I~~~ C, The Commission may impose additional conditions as deemed necessary to mitigate any adverse impacts resulting from an extension The Commission may grant multiple extensions of an approved conversion impact report but no single extension shall have a duration in excess of one year. D, Upon City approval ofan extension ofan approved conversion impact report with additional conditions, the conversion proposer shall record a certificate of acceptance on the title of the mobilehome park property. City approval of an extension of an approved conversion impact report shall not be effective until proof of recordation of a certificate of acceptance has been delivered to the Director. Section 24A-13, Nullification of Impact Report. I A, The Commission may, upon request of the Director and after holding a public hearing, order an approved conyersion impact report null and void, No nullification shall be ordered unless the Commission makes either of the following findings: 1. Approval of the conversion impact report was obtained fraudulently. 2, The conversion proposer has failed to comply with the mitigation measures set forth in, or the conditions imposed in connection with, the approved conversion impact report, B. If a conyersion impact report is nullified, then the conyersion proposer shall not be entitled to perfonn the inobilehome park conyersion until a new conversion impact report is approved in accordance .with this Chapter. .... Section 24A-HI.~ Right of First Refusal, A conyersion proposer shall afford affected mobilehome owners and resiiietits'i rigllt' of first refusal to purchase, lease or rent housing that is constructed for sale, lease or'"rcintal on the site of the mobilehome park proposed to be conyerted. Section 24A- I 5, Appeal. Any Commission decision pursuant to this Chapter may be appealed to the City Council in accordance with Article 29.4 of Chapter 28 of this Code, I Section 24A-16. Processing Fees. Each conversion proposer seeking City approval, modification or extension of a conversion impact report shall pay a nonrefundable application depo~it in an amount established by City Council resolution In addition, the conversion proposer shall reimburse the City for all costs, including staff time and attorney's fees, incurred in processing and reviewing the proposer's conversion impact report. Section 24A-17. Building Permits. No building pennit shall be issued for conversion of a mobilehome park property until the conversion proposer has filed with the Director a written statement confirming full performance of the mitigation measures set forth in, and the conditions imposed in connection with, the approved conversion impact report Such statement shall specifY in itemized fonn the name of each affected mobilehome owner and resident and the date and type of relocation assistance provided to such person, The statement shall be executed under penalty of perjury, Section 24A- I 8. Exemption, This Chapter shall not apply to any mobilehome park conversion resulting from an adjudication of bankruptcy," Section 2. Severabilitv. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereofis for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this I Ordinance or any part thereof The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that anyone or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional Section 3. Declaration ofUrl!:encv. This Ordinance is necessary as an emergency measure for preserving the public peace, welfare and safety, The City currently has no I I I Ordinance Number ~~~~~ regulations to goyem conversion of mobilehome parks to other uses. Such an ordinance must be adopted and must become effective immediately in order to ensure that state law requirements are satisfied and that the public peace, welfare and safety is protected in the event that proceedings are initiated to convert any mobilehome park property to another use. Without the immediate adoption of such an ordinance, the City would not be able to ensure that the conversion of a mobilehome park property to another use would have the least possible adverse impact on affected mobilehome owners and residents, Section 4. Effective Date. This Ordinance is an urgency ordinance for the immediate preservation of the public peace, health and safety and therefore shall be passed immediately upon its introduction and shall become effective immediately upon its adoption, PASSED, APPROVED AND AWOPTED Y th City Council of the City of Seal Beach at a meeting thereof held on the ~ day of 2000. -)~f~ STATE OF CALIFORNIA) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Joan~e M. ~ eo, Ci!y Clerk. o~ the City of Sea~ Beach, califo~ do ~ certify that the fore g ordmance IS the ongInal copy of Ordmance Numbe~ ,- on file in the office o the y Clerk, introduced at a meeting held on the r:2{,fi. day of , 2000 and passed, approved, and adopted by e C CDuncil ofthe o Seal Beach at a meeting thereof held on the~ day of . y the following vote: AYES: Councilmembe NOES: Councilmembers ABSENT: Councilmembers ABSTAIN: Councilmembers and do hereby certify that Ordinance Number has been published pursuant to the S I Beach City Charter and Resolution N:umber 28 6. Ordinance Number /f~ ...1'f1- PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Orange This space is for the County Clerk's Filing Stamp I am a citizen of the United States and a resident of the county afore- said; I am over the age of eighteen years, and not a party to or inter- ested in the above-entitled matter. I am the principal clerk of the printer of the SEAL BEACH SUN, a newspaper of general circulation, printed and published weekly in the City of Seal Beach, County of Orange and which newspaper has been adjudged a newspap.er,of general circulation by the Superior .^-, Court of the County gf.Qrange', State of California, under the,date of . 9 . . I 2/24/75. Case Number A82583; that ~,. ; .\..... ..~.... I the notice of w.tiich"the anRexed is a ........' 'f ,../ printed copy (set-in type-not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof pn the following dates, to-wit: , 7/t.~{) all in the year 2000. I Proof of Publication of ............................................... ............................................... 1:;:.~.6Rili;~:C~A~~~~R_ - . _..' - 1463-A- !'--,"MO~ILEH9ME PARK - , ~ONVERSION-URGENcY . Ordinance Number 1483-A of the CoIv of SoaJ Besch add.!l!18Pte 2-4A to "'.,Cad. of Iho c;.ty of SoaJ ~Sl:h to be known .1 the Seal Beach MobUBhome P.ark ConverllfOl1 Ordl- " noncoll1d__ ~-..WIIh IJISI..,-d to any conversion proJXl'SBI . ""'"'"""" Nuinbor 1463-A was 8dapI_ . t ad 81 an l!fg8PCY me&alre to become . !.~~~I~n:::~ u~~ ad.o~on . AYE~, Boyd. Coml>IieII, Doon. w- 00: IOn,Yolt ~. .NOES; ,None . Matton carrfed . '~Capies of Ordtn8nce Number 1483- .A are.avallabte from lhe offtce of the' gty Clerk. City HoIl 211 . 8th Shoot:-. ,S..I Beach: telephone (662) 431 ~ 2527, '. ''i. - DAiEo TIHs 2llIh" ci .iu.i 2ixxi -. JoahllB.M ',Yeo.,~ Qerk~ City 01 SoaJ Beach ." " PUblfl~d jn~ th,{"S:.~' B~~Ch Sun .71!J1O!J ._'/J:;_~ -.f' :...: ..~. ~ -'. . I I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Seal Beach, CA, this '1 day of ?~,/~ ,2000. 6~~( PUBLICATION PROCESSED BY: THE SUN NEWSPAPERS 216 Main Street Seal Beach, CA 90740 (562) 430-7555 . (949) 759-7726 I