HomeMy WebLinkAboutCC AG PKT 2008-03-10 #U
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AGENDA REPORT
DATE:
March 10, 2008
TO:
THRU:
FROM:
Honorable Mayor and City Council
David Carmany, City Manager
Lee Whittenberg, Director of Development Services
Quinn Barrow, City Attomey
SUBJECT: ADOPTION OF 2008
CONVERSION CODE
ORDINANCE 1568 AND
READING AND ADOPTION
MOBILEHOME PARK
INTRODUCTION OF
SCHEDULE SECOND
SUMMARY OF REQUEST:
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Introduce and conduct first reading of Ordinance No. 1568, recodifying the City's
existing mobilehome park conversion code, and instruct staff to schedule second
reading and adoption for April 21 , 2008.
BACKGROUND:
In conjunction with the preparation of the New Zoning Code the City has also
recodified the current Municipal Code provisions regarding mobilehome pari<
conversion that are currently contained within Chapter 24.A, Mobilehome Pari<
Conversion. There are no substantive differences between the old Chapter 24.A,
and the proposed Title 12. At the request of the residents of the Seal Beach
Trailer Park, the City Council enacted Old Chapter 24.A in 2000, and staff is
recommending no substantive changes.
This proposed Ordinance moves currelJt provisions to a new Title 12, Mobile
Home Park Conversion. The new Title 12 is formatted to be consistent with the
current Titles 1 through 9 of the Seal Beach Municipal Code. In addition, the new
Title 12 is consistent with and cross-references the proposed Zoning Code, a
new Title 11. As such, it is recommended that the Second Reading and Adoption
of both Titles 12 and 11 be held at the same time to ensure that if any
amendments are made to the Zoning Code, that all appropriate revisions can be
made to this Title 12 concurrently in order to maintain internal and external
con!listency between these two codes of the City.
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AGENDA ITEM 11
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Canverslan.DOCILW\Q2-28-01l
Adoption of 2008 Mobilehome Park Conversion Code -
Introduce Ordinance No. 1568 and
Schedule Second Reading and Adoption for April 21, 2008 e
City Council Staff Report
March 10, 2007
All of the provisions of Chapter 24.A, Mobilehome Park Conversion have been
kept in Title 12, and are consistent with the applicable requirements of the
Government and Civil Codes of the State of Califomia
FISCAL IMPACT:
No changes in fees currently in effect are proposed.
RECOMMENDATION:
Introduce and conduct first reading of Ordinance No. 1568, recodifying the City's
existing mobilehome park conversion code, and instruct staff to schedule second
reading and adoption for April 21, 2008.
NOTED AND APPROVED:
/ ittenberg
. ector of Development Service
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Quinn Barrow
City Attorney
Attachment 1 :
Ordinance Number 1568, An Ordinance of the City of Seal
Beach Amending the Seal Beach Municipal Code to Replace
Chapter 24.A, Mobilehome Park Conversions, with a New
Title 12, Mobilehome Park Conversion
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Tille 12.Mobllehome Par1< Conversion
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Adoption of 2008 Mobilehome Park Conversion Code -
Introduce Ordinance No. 1568 and
Schedule Second Reading and Adoption for April 21, 2008
Clly Council Staff Report
March 10,2007
ATTACHMENT 1
ORDINANCE NUMBER 1568
AN ORDINANCE OF THE CITY OF SEAL BEACH
AMENDING THE SEAL BEACH MUNICIPAL CODE TO
REPLACE CHAPTER 24.A, MOBILEHOME PARK
CONVERSIONS, WITH A NEW TITLE 12,
MOBILEHOME PARK CONVERSION
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os - Slalf Report - Tille 12.McbHeI1ome Pari< Conversion - CGI #1568
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ORDINANCE NUMBER 1568
AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING
THE SEAL BEACH MUNICIPAL CODE TO REPLACE CHAPTER
24.A, MOBILEHOME PARK CONVERSIONS, WITH A NEW
TITLE 12, MOBILEHOME PARK CONVERSION
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1. The Seal Beach Municipal Code is amended by deleting Chapter
24.A, Mobllehome Park Conversions, In Its entirety and adopting a new Title 12,
Mobllehome Park Conversion, to read as attached hereto as Attachment "A".
SECTION 2. If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this ordinance or any partlhareof is for any reason held to be
Invalid, such invalidity shall not affect the validity of the remaining portions of this
ordinance or any part hereof. The City Council of the City of Seal Beach hereby
declares that It would have passed each section, subsection, subdivision,
paragraph, sentence, CIaUSEl or phrase hereof, Irrespective 01 the fact that any
one or more sections, subsections, subdivisions, paragraphs, sentences, clauses
or phraSEls be declared Invalid.
PASSED, APPROVED AND ADOPTED by the City Councll of the City of Seal
Beach at a meeting thereof held on the 10lh day of March. 2008.
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Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, California do hereby certify
that the foregoing Ordinance was Introduced for first reading at a meeting held
on the 10lh day of March, 2008 and was passed, approved and
adopted by the City Council at a meeting held on the _day of
2008 by the following vote:
AYES: Councilmembers:
NOES: Councllmembers:
ABSENT: Councllmembers:
ABSTAIN: Councilmembers:
And do hereby further certify that Ordinance Number ~ has been published
pursuant to the Seal Beach City Charter and Resolution Number 2836.
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City Clerk
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Attachment A
TITLE 12: MOBILEHOME PARK CONVERSION
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TITLE 12 MOBILEHOME PARK CONVERSION
CHAPTER 12.05 MOBILEHOME PARK CONVERSION
Sections
S 12.05.005 Authority and Short Title
S 12.05.010 Definitions
S 12.05.015 Conversion Impact Report Requirement
S 12.05.020 Pre-Conversion Questionnaire
S 12.05.025 Relocation Specialist
S 12.05.030 Conversion Impact Report Content
S 12.05.035 Public Hearing Regarding Conversion Impact Report
S 12.05.040 Decision Regarding Conversion Impact Report
S 12.05.045 Certificate of Acceptance
S 12.05.050 Performance of Mitigation Measures
S 12.05.055 Modification of Conversion Impact Report
S 12.05.060 Expiration of Conversion Impact Report
S 12.05.065 Nullification of Conversion Impact Report
S 12.05.070 Rig ht of First Refusal
i 12.05.075 Appeal
S 12.05.080 Processing Fees
S 12.05.085 Building Permits
S 12.05.090 Exemption
S 12.05.005 Authority and Short Title.
This Chapter is enacted pursuant to the City's police power and the authority of
California Govemment 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."
f 12.05.010 Definitions.
For the purposes of this Chapter, unless the context clearly requires otherwise,
the following definitions shall apply:
A. . Absentee ownet": a person who owns a mobilehome in a mobilehome
park and does not reside at such mobilehome.
B. "Affected mobilehome ownel3 and residentg': absentee owners, resident
owners and resident tenants whose mobile home will be displaced by the conversion of
a mobilehome park.
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TITLE 12 - MOBILEHOME PARK CONVERSIONS
C. "Certificate of acceptance": a written declaration expressing a conversion _
proposer's acceptance of the conditions imposed by the City in connection with .
approval of a conversion impact report.
D. "Commission": the City Planning Commission of the City of Seal Beach,
California. Also referred to as the" Planning Commission."
E. "Comparable housing": housing that is equivalent (or better) in terms 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 part<': 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 proposet': a mobilehome park owner who proposes to
perform a mobilehome park conversion.
H. "Conversion impact repo1f': 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
adverse impacts of such conversion on affected mobilehome owners and residents.
I. "Director": the Director of Development Services of the City of Seal Beach, e
California or the designee thereof.
J. "Mobilehome": 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 9 months continuous residency.
K. "Mobilehome improvements": carports, earthquake bracing, landscaping,
new roofs, patios, porches and similar amenities and major repairs.
L. "Mobilehome part<': a "mobilehome park" as such term is defined in the
Mobilehome Residency Law.
M. "Mobilehome park conversion": the
(i) conversion of a mobilehome park or any part thereof to another use;
(ii) closure of a mobilehome park or any part thereof; and
(Iii) cessation of use of land as a mobilehome park.
N. "Mobilehome Residency Law": Califomia Civil Code Section 798 et seq. as
such statute exists at the time of enactment of this Chapter or as subsequently
amended.
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TITLE 12 - MOBILEHOME PARK CONVERSIONS
O. "Resident owner": a person who owns a mobilehome in a mobilehome
park and resides at such mobilehome.
P. "Resident tenanf: a person who rents or leases a mobilehome in a
mobilehome park and resides at such mobilehome.
S 12.05.015 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. Perform a mobilehome park conversion.
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.
S 12.05.020 Pre-Conversion Questionnaire.
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 30 days to complete the pre-conversion questionnaire.
B. The Director shall promulgate a pre-conversion questionnaire for use by
conversion proposers. At a minimum, the pre-conversion questionnaire shall include
provisions for declaration of the following:
1.
mobilehome.
The purchase date and purchase price of the
2. The amount and terms of any outstanding mortgage obligation for
the mobilehome.
3. Any mobilehome improvements that have 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.
S 12.05.025 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
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TITLE 12 - MOBILEHOME PARK CONVERSIONS
alternate housing for affected mobilehome owners and residents. The conversion _
proposer shall choose the relocation specialist with the Director's approval. The _
conversion proposer shall pay all costs and expenses incurred by the relocation
specialist.
t 12.05.030 Conversion Impact Report Content
A. Required Contents of Conversion Impact Report Each conversion
impact report submitted for City approval shall contain the following:
1. Legal description of the mobilehome park.
2. The purchase price paid by the conversion proposer to acquire the
mobile home park.
3. Current sale value of the mobilehome park property as a
mobilehome park and as all other uses permitted by the zoning designation of the
property.
4. Description of any use proposed to replace the mobilehome park.
5. Any offers to sell the mobilehome park.
6.
Timetable for the mobilehome park conversion.
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7. Number of spaces in the mobilehome park and the current rental
rate for each space.
B. Name, mailing address, age and disability status of each resident
owner and resident tenant having a mobilehome in the mobilehome park and whether
the mobile home 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.
11. 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 determined assuming the continuation of the mobilehome park in a safe,
sanitary and well-maintained condition. The appraisal shall be performed by an
appraiser selected by the Director. The conversion proposer shall pay all costs and
expenses associated with the appraisal. including any appraisal fees.
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TITLE 12 - MOBILEHOME PARK CONVERSIONS
12. Estimates from two moving companies, chosen by the conversion
proposer with the Director's approval, as to the cost of moving mobilehomes,
relocatable mobile home 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.
14. Itemization of available mobilehome spaces within comparable
mobilehome parks within a 50 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.
15. Itemization of available comparable housing within a 50 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-conversion questionnaires.
17. Proposed measures to mitigate the adverse impacts of the
mobilehome park conversion on affected mobilehome owners and residents.
B. Additional Information Requirements. The Director may require a
conversion proposer to include information in the conversion impact report in addition to
that specified in paragraph "A" above.
S 12.05.035 Public Hearing Regarding Conversion Impact Report
A. Public Hearing Notice Required. Upon the filing of a 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 Title 11: Zoning, Chapter 5.10: General Procedures of this Code and shall also be
provided as set forth in paragraph "B" below.
B. Additional Public Hearing Notice Requirements. At least 30 days prior
to the hearing date, the Director shall perform the following actions:
1. Mail a notice of the public hearing and a copy of conversion impact
report to affected mobile home owners and residents, and to each lender having an
interest in a mobilehome in the mobile home park. The notice shall contain a general
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TITLE 12 - MOBILEHOME PARK CONVERSIONS
explanation of the matters to be considered by the Commission. The copy of the
conversion impact report shall not include the completed pre-conversion questionnaires
but shall include the appraisal of the mobile home owned or resided in by that particular
notice recipient.
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2. Inform the conversion proposer in writing of the provisions of Civil
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 verify that affected
mobilehome owners and residents have been notified of the proposed conversion.
C. Commission to Hold Public Hearing. 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 shan 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. Costs of Public Hearing Notice. The conversion proposer shan pay all
costs associated with providing notice, including any publishing and postage expenses.
S 12.05.040 Decision Regarding Conversion Impact Report.
A. Commission to Adopt Resolution. 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.
B. Commission May Impose Conditions. 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:
1. The Expense of ReloCating the Mobilehome to a Comparable
Mobilehome Park. 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 mobile home 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 of Forfeiting 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 improvements; and (ii) any outstanding _
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TITLE 12 - MOBILEHOME PARK CONVERSIONS
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mortgage obligation of the owner. "Fair market value" shall be detennined assuming
the continuation of the mobilehome park in a safe, sanitary and well-maintained
condition.
3. The Expense of Assuming Tenancy in a Comparable
Mobilehome Park. The amount of such payment shan be based upon consideration of:
(i) moving costs; (ii) first month's rent, last month's rent and security deposit at the
replacement mobile home park; (iii) differential between rental rates at the mobilehome
park being converted and the replacement mobilehome park during the first year of
relocation; and (iv) if necessary, the cost of purchasing an equivalent mobilehome in the
replacement mobilehome park.
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4. The Expense of Assuming Tenancy in Comparable Housing.
The amount of such payment shall be based upon consideration of: (i) moving costs; (ii)
first month's rent, last month'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 shan 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. Limitations on Imposed Conditions. The conditions imposed in
connection with approval of a conversion impact report shan 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.
S 12.05.045 Certificate of Acceptance.
Upon City approval of a 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.
S 12.05.050 Performance of Mitigation Measures.
The conversion proposer shan fully perform the mitigation measures set forth in,
and th~ conditions imposed in connection with, the approved conversion impact report.
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TITLE 12 - MOBILEHOME PARK CONVERSIONS
space unless the conversion proposer has performed all mitigation measures and _
conditions of approval applicable to such owner or resident. ..
S 12.05.055 Modification of Conversion Impact Report.
A. Commission to Hold Public Hearing. 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. Commission May Impose Additional Conditions. 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. Recordation of Certificate of Acceptance. Upon City approval of
modification of an 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 modification 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.
512.05.060 Expiration of Conversion Impact Report.
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A. Expiration Time Periods. An approved conversion impact report shall
expire (i) 30 days after adoption of the resolution of approval, unless proof of
recordation of a certificate of acceptance is delivered to the Director prior to such date;
or (iQ 1 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. Extension of Time - Public Hearing Required. The Commission may,
upon request of the conversion proposer and after holding a public hearing, extend the
term 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.
C. Commission May Impose Additional Conditions. 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 1 year.
D. Recordation of Certificate of Acceptance. Upon City approval of an
extension of an approved conversion impact report with additional conditions, the _
conversion proposer shall record a certificate of acceptance on the title of the ..
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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.
S 12.05.065 Nullification of Conversion Impact Report.
A. Commission Public Hearing Required. The Commission may, upon
request of the Director and after holding a publiC hearing, order an approved conversion
impact report null and void. No nullification shall be ordered unless the Commission
makes either of the following findings:
1. Fraudulent Approval of Conversion Impact Report. Approval of
the conversion impact report was obtained fraudulently.
2. Failure to Comply with Conditions Imposed. 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. New Conversion Impact Report Required. If a conversion impact report
is nullified, then the conversion proposer shall not be entitled to perform the
mobile home park conversion until a new conversion impact report is approved in
accordance with this Chapter.
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A conversion proposer shall afford affected mobilehome owners and residents a
right of first refusal to purchase, lease or rent housing that is constructed for sale, lease
or rental on the site of the mobilehome park proposed to be converted.
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t 12.05.075 Appeal.
Any Commission decision pursuant to this Chapter may be appealed to the City
Council in accordance with Title 1: General Provisions, Chapter 1.20: Review of Quasi-
Judicial Decisions.
S 12.05.080 Processing Fees.
Each conversion proposer seeking City approval, modification or extension of a
conversion impact report shall pay a nonrefundable application deposit 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.
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TITLE 12 - MOBILEHOME PARK CONVERSIONS
S 12.05.085 Building Permits.
No building permit 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 form 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.
Ii 12.05.090 Exemption.
This Chapter shall not apply to any mobilehome park conversion resulting from
an adjudication of bankruptcy.
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