HomeMy WebLinkAboutCC AG PKT 2008-04-21 #D
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AGENDA REPORT
DATE:
TO:
THRU:
April 21, 2008
Honorable Mayor and City Council
David Carmany, City Manager
FROM:
Lee Whittenberg, Director of Development Services
Quinn Barrow, City Attorney
SUB,JECT: ADOPTION OF 2008 MOBILEHOME PARK
CONVERSION CODE - SECOND READING OF
ORDINANCE 1568 AND ADOPTION
SUMMARY OF REQUEST:
Conduct second reading and adopt Ordinance Number 1568.
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BACKGROUND:
In conjunction with the preparation of the New Zoning Code the City has also
updated the current Municipal Code provisions regarding mobile home park
conversion that are currently contained within Chapter 24.A, Mobilehome Park
Conversion. This ordinance was introduced by the City Council on March 10,
2008.
This proposed Ordinance includes those provisions in 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 new Title 11, Zoning.
Based on the recommendations of the Planning Commission regarding the
insertion of the Title designator "11" in front of all Chapter, Section, Table, and
Figure references, specific cross-references in Title 12 to Title 11 have been
revised in accordance with the Commission recommendation. No additional
revisions or corrections are required.
All of the provisions of Title 12 include current provisions of Chapter 24.A,
Mobilehome Park Conversion, and are consistent with the applicable
requirements of the Government and Civil Codes of the State of California
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AGENDA ITEM .l)
\\SBNAS\Users\LWhittenberg\My Documents\City Council\2008 Mobilehome Park Conversion Code Adoption.CC SR
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Adoption of 2008 Mobi/ehome Park Conversion Code -
Conduct Second Reading and Adopt Ordinance Number 1568
City Council Staff Report
Apri/21,2008
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FISCAL IMPACT:
No changes in fees currently in effect are proposed.
RECOMMENDATION:
Conduct second reading and adopt Ordinance Number 1568, An Ordinance of the
City of Seal Beach Amending the Seal Beach Municipal Code by Deleting
Chapter 24.A, Mobilehome Park Conversions, in its Entirety and Adopting a New
Title 12, Mobilehome Park Conversion.
NOTED AND APPROVED:
?<:L
Whitten erg
Director of Development Services
::2Vi~
Quinl1Barrow
City Attorney
Dav~
City Manager
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Attachment 1:
Ordinance Number 1568, An Ordinance of the City of Seal
Beach Amending the Seal Beach Municipal Code by
Deleting Chapter 24.A, Mobilehome Park Conversions, in its
Entirety and Adopting a New Title 12, Mobilehome Park
Conversion
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2008 Mobilehome Pari< Conversion Code Adoption.CC SR 2
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Adoption of 2008 Mobilehome Park Conversion Code -
Conduct Second Reading and Adopt Ordinance Number 1568
City Council Staff Report
April 21, 2008
ATTACHMENT 1
ORDINANCE NUMBER 1568
AN ORDINANCE OF THE CITY OF SEAL
BEACH AMENDING THE SEAL BEACH
MUNICIPAL CODE BY DELETING
CHAPTER 24.A, MOBILEHOME PARK
CONVERSIONS, IN ITS ENTIRETY AND
ADOPTING A NEW TITLE 12,
MOBILEHOME PARK CONVERSION
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2008 Mobilehome Park Conversion Code Adoption.CC SR 2
ORDINANCE NUMBER 1568
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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, Mobilehome Park Conversions, in its entirety and adopting a new Title 12,
Mobilehome Park Conversion, to read as attached hefeto as Attachment "A".
SECTION 2. If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this ordinance Of any part thefeof is fOf any feason 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, clause Of phrase hereof, irrespective of the fact that any
one or more sections, subsections, subdivisions, paragfaphs, sentences, clauses
or phrases be declared invalid.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
Beach at a meeting thereof held on the 21 st day of Acril , 2008.
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ATTEST:
Mayor
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 10th day of March, 2008 and was passed, approved
and adopted by the City Council at a meeting held on the 21 st day of
Acril , 2008 by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
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And do hereby furthef certify that Ordinance Numbef 1567 has been published
pursuant to the Seal Beach City Charter and Resolution Number 2836.
City Clerk
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Chapter
12.05
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TITLE 12: MOBILEHOME PARK CONVERSION
Section
12.05.005
12.05.010
12.05.015
12.05.020
12.05.025
12.05.030
12.05.035
12.05.040
12.05.045
12.05.050
12.05.055
12.05.060
12.05.065
12.05.070
12.05.075
12.05.080
12.05.085
12.05.090
City of Seal Beach
Subiect
Paae
Mobilehome Park Conversion
Authority and Short Title............................................ 2
Definitions........... ................. ...................... .......... ...... 2
Conversion Impact Report Requirement.................... 3
Pre-Conversion Questionnaire ..................................4
Relocation Specialist................................................. 4
Conversion Impact Report Content ........................... 4
Public Hearing Regarding Conversion
I mpact Report............................................................ 6
Decision Regarding Conversion Impact Report......... 7
Certificate of Acceptance........................................... 8
Performance of Mitigation Measu res......................... 8
Modification of Conversion Impact Report .................9
Expiration of Conversion Impact Report .................... 9
Nullification of Conversion Impact Report................ 10
Right of First Refusal............................................... 10
Appeal..................................................................... 10
Processing Fees................ .......... .............. .............. 10
Building Permits....................................................... 11
Exemption.......................... ............ ....... ..... ..... ......... 11
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Title 12 - page 1
Municipal Code
Ord. No. 1568
May 2008
Chapter 12.05 Mobilehome Park Conversion
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112.05.005 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."
112.05.010 Definitions.
For the purposes of this Chapter, unless the context clearly requires
otherwise, the following definitions shall apply:
A. "Absentee owner": a person who owns a mobilehome in a
mobilehome park and does not reside at such mobilehome.
B. "Affected mobilehome owners and residents': absentee owners,
resident owners and resident tenants whose mobilehome will be displaced by the
conversion of a mobilehome park.
C. "Certificate of acceptancfi': 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. "Commissiorl': 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 parK': a mobilehome park that is
equivalent (or better) in terms of amenities, condition, location and rental price to
the mobilehome park to which compariso,n is being made.
G. "Conversion proposeI': a mobilehome park owner who proposes to
perform a mobilehome park conversion.
H. "Conversion impact report': 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.
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Title 12 - page 2
City of Seal Beach
Municipal Code
Ord. No. 1568
May 2008
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I. "Director": the Director of Development Services of the City of Seal
Beach, California or the designee thereof.
J. "Mobilehomg': 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 parK': a "mobilehome park" as such term is defined in
the Mobilehome Residency Law.
M. "Mobilehome park conversiorl': the
(i) conversion of a mobile home 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 mobile home park.
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N. "Mobilehome Residency Law': California Civil Code Section 798 et
seq. as such statute exists at the time of enactment of this Chapter or as
subsequently amended.
O. "Resident owner": a person who owns a mobilehome in a
mobilehome park and resides at such mobilehome.
P. "Resident tenant': a person who rents or leases a mobilehome in a
mobilehome park and resides at such mobilehome.
5 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 mobile home park conversion.
B. Display a sign announcing that the mobilehome park is closing,
may be closing or has been closed.
C.
property.
Display a sign announcing a new use for the mobilehome park
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Title 12 - page.3
City of Seal Beach
Municipal Code
Ord. No. 1568
May 2008
fi 12.05.020 Pre-Conversion Questionnaire.
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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.
fi 12.05.025 Relocation Specialist.
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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 mobile home 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.
fi 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 mobilehome 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.
Title 12 - page 4
City of Seal Beach
Municipal Code
Ord. No. 1568
May 2008
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4.
Description of any use proposed to replace the mobilehome
park.
5. Any offers to sell the mobile home park.
6. Timetable for the mobilehome park conversion.
7. Number of spaces in the mobile home 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 mobile home 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.
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10. Name and mailing address of each lender having an interest
in a mobilehome in the mobile home park.
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11. Manufacture date, size, length of occupancy and the
appraised on-site fair market value of each mobilehome in the mobile home 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.
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.
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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
Title 12 - page 5
City of Seal Beach
Municipal Code
Ord. No. 1568
May 2008
park has agreed in writing to accept affected mobile home owners and residents
that are displaced by the mobilehome park conversion.
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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.
i 12.05.035 Public Hearing R~g!l!_~ing Conversion Imp..~~t 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 11.5.10: General Procedures of this .
Code and shall also be provided as set forth in paragraph "8" 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 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 conversion 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.
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 mobile home 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 shall not be held before the
Title 12 - page 6
City of Seal Beach
Municipal Code
Ord. No. 1568
May 2008
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conversion proposer has satisfactorily verified that affected mobile home 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 shall
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 mobile home park conversion on affected
mobilehome owners and residents.
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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 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 of Forfeiting the Mobilehome. The amount
of such payment shall be based upon consideration of: (i) the on-site fair market
value of the mobile home and associated mobilehome improvements; and (ii) any
outstanding mortgage obligation of the owner. "Fair market value" shall be
determined assuming the continuation of the mobile home park in a safe, sanitary
and well-maintained condition.
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3. The Expense of Assuming Tenancy in a Comparable
Mobilehome Park. 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 mobilehome park; (iii) differential between
rental rates at the mobilehome park being converted and the replacement
Title 12 - page 7
City of Seal Beach
Municipal Code
Ord. No. 1568
May 2008
mobilehome park during the first year of relocation; and (iv) if necessary, the cost .
of purchasing an equivalent mobilehome in the replacement mobilehome park.
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 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 mobile home 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 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.
i 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.
i 12.05.050 Performance of Mitigation Measures.
The conversion proposer shall fully perform the mitigation measures set
forth in, and the conditions imposed in connection with, the approved conversion
impact report. No affected mobile home owner or resident shall be required to
vacate a mobilehome space unless the conversion proposer has performed all
mitigation measures and conditions of approval applicable to such owner or
resident.
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City of Seal Beach
Title 12 - page 8
Municipal Code
Ord. No. 1568
May 2008
. 1 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.
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112.05.060 Expiration of Conversion Impact Report.
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 (ii) 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 econo":,ic 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.
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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
Title 12 - page 9
City of Seal Beach
Municipal Code
Ord. No. 1568
May 2008
mobile home 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 mobilehome park conversion until a new conversion impact report is
approved in accordance with this Chapter.
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S 12.05.070 Right of First Refusal.
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.
S 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 - page 10
City of Seal Beach
Municipal Code
Ord. No. 1568
May 2008
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i 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.
i 12.05.090 Exemption.
This Chapter shall not apply to any mobilehome park conversion resulting
from an adjudication of bankruptcy.
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Title 12 - page 11
City of Seal Beach
Municipal Gode
Ord. No. 1568
May 2008