§ 8.57.300. Mobilehome park impact reports.

A.

Statement of Purpose. The purpose of this section is to require persons to convert, close or cease the use of a mobilehome park to address the impact on the residents to be displaced, and, where required, to take steps to mitigate the adverse impacts on the residents.

B.

Definitions. For purposes of this section, the following definitions shall apply:

1.

"Advisory agency" refers to the regional planning commission, or the hearing officer described in Section 21.08.075 of this code.

2.

"Change of use" means a use of the park for a purpose other than the rental, or the holding out for rent, of two or more mobilehome sites to accommodate mobilehomes used for human habitation, and does not mean the adoption, amendment or repeal of a park rule or regulation. A change of use may affect an entire park or any portion thereof. A change of use includes, but is not limited to, a change of the park or any portion thereof to a condominium, stock cooperative, planned unit development or any form of ownership wherein spaces within the park are to be sold.

3.

"Management" refers to the owner of a mobilehome park or an agent or representative authorized to act on the owner's behalf in connection with matters relating to a tenancy in the park, including any person who proposes to convert, close or cease the use of a park or the successor in interest of such person.

4.

"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. "Mobilehome" includes a recreational vehicle, as defined in Section 799.24 of the Civil Code and Section 18010 of the Health and Safety Code, if located in a mobilehome park. "Mobilehome" does not include a commercial coach as defined in Section 18001.8 of the Health and Safety Code.

5.

"Mobilehome park" means an area of land where two or more mobilehome sites are rented, or held out for rent, to accommodate mobilehomes used for human habitation.

6.

"Resident" means a homeowner or other person who lawfully occupies a mobilehome.

C.

General Requirements.

1.

Prior to the conversion of a mobilehome park to another use or closure of a mobilehome park or cessation of use of the land as a mobilehome park, management shall file with the planning director a report on the impact of the conversion, closure or cessation of use (hereinafter "closure") upon the residents of the mobilehome park who will be displaced.

EXCEPTION: This section shall not apply to a conversion of a mobilehome park pursuant to the Subdivision Map Act (Division 2 [commencing with Section 66410] of Title 7 of the Government Code).

2.

No person shall cause or permit the closure of a mobilehome park until the impact report has been approved by the advisory agency, or the board of supervisors upon request for hearing, and the mitigation measures specified have been completed. Approval by the advisory agency shall be effective ten days after such approval is granted.

D.

Procedures.

1.

Time for Filing Impact Report.

a.

If the proposed closure of the park results from a change of use of the park requiring a discretionary local governmental permit or approval for which a hearing is required by law, including but not limited to a change of zone, conditional use, variance or coastal development permit, then the impact report shall not be filed until such discretionary approval has been obtained. The impact report shall be filed with the planning director and served on each resident of the mobilehome park concurrently with service of the six months' notice described in Section 798.56 (f)(2) of the Civil Code.

b.

If the change of use of the park does not require any of the discretionary approvals described in paragraph (a) above, then the impact report shall be filed with the planning director and served on each resident of the mobilehome park concurrently with service of the twelve months' notice described in Section 798.56 (f)(2) of the Civil Code.

EXCEPTION: If either the six months' notice or the twelve months' notice has been served on the residents of the mobilehome park prior to the effective date of this section, then, within ninety days of the effective date of this section, the impact report shall be served on all current residents and on all residents who have left the mobilehome park since those notices were given, and filed with the planning director.

c.

Proof of service of the impact report on the residents of the mobilehome park must be provided to the planning director at the time of filing the impact report.

2.

Impact Report Contents. The impact report shall address the availability of adequate replacement housing in other mobilehome parks and relocation costs for each resident of the mobilehome park. It shall specify the steps to be taken by management to mitigate any adverse impact of the proposed closure on the residents who will be displaced.

In addition, the impact report shall contain such information and mitigation measures as the advisory agency shall deem necessary, as set forth in rules which may be promulgated by the board of supervisors pursuant to this section.

3.

Hearing and Notice. Upon the receipt of an impact report, the planning director shall examine the same and advise management whether it is complete, within 30 days after receipt thereof. When a complete impact report has been filed, it shall be accepted by the planning director and the planning director shall then within 45 days, set a time, date and place for a hearing. At least 15 days prior to the hearing, the planning director shall mail notice to management and the residents of the date, time and place of the hearing. The notice of hearing shall contain a general explanation of the matters to be considered by the advisory agency. The planning director may give such additional notice as he or she deems necessary or desirable.

4.

Findings and Decision. After conclusion of the hearing, the advisory agency shall render its decision. The advisory agency shall approve, conditionally approve or disapprove the impact report. The advisory agency shall approve the impact report if it finds that the impact report contains the information required pursuant to this section. In approving the impact report, the advisory agency may impose such conditions as it finds necessary to mitigate the adverse impacts on the residents; however, any steps required to be taken by management pursuant to this section shall not exceed the reasonable costs of relocation. Notice of the advisory agency action shall be mailed to management, to all residents and to all persons who have filed written request therefor.

5.

Request for Board Hearing. Management, or any resident of the park shall, upon request, have the right to a hearing before the board of supervisors on the sufficiency of the impact report. The request shall be filed with the planning director on forms provided for that purpose within 10 days after the action of the advisory agency. Such requests shall not be considered as having been filed unless and until the form has been properly completed and all information required by it has been submitted. When an appeal is filed, it shall be accompanied by a fee in an amount determined according to Section 22.60.230. The completed request form and file shall then immediately be transmitted to the executive officer for hearing before the board of supervisors.

The executive officer shall then, within 45 days, set a time and date for a hearing, and shall mail written notice of such hearing to the management, all residents, the person requesting the hearing, the advisory agency and all persons who have filed written request therefor, at least 15 days prior to the hearing.

For all requests for hearing, the board of supervisors may sustain, modify, reject or overrule any recommendations or rulings of the advisory agency and may make such findings as are not inconsistent with the provisions of this section.

6.

Extensions. Any of the time limits specified in this section may be extended by mutual consent of management and the advisory agency, or the board of supervisors, on requests for hearing.

E.

Expiration and Extension of Impact Report. The approval of an impact report shall become null and void after 36 months from the date of the mailing of the final approval of the impact report. Thereafter, management shall not convert, close or cease the use of the park until such time as a new impact report is approved. However, upon application of the management, filed with the advisory agency on or before the date of expiration, the impact report may be extended by the advisory agency up to an additional 36 months. An application for an extension shall be subject to the notice and hearing procedures described in subdivision 3 of subsection (D) of this section.

F.

Revocation and Amendment. Any time prior to the closure of the mobilehome park, the advisory agency may, in its discretion, and upon good cause shown, initiate proceedings for the revocation or amendment of an impact report. Good cause may include, but is not limited to, change of circumstances which render the conditions or requirements of the impact report no longer necessary or appropriate, negligent or fraudulent misrepresentation of fact relating to the impact report, or noncompliance with the conditions of the impact report. Prior to revoking or amending an impact report, the advisory agency shall conduct a hearing in accordance with the procedures set forth in subdivision 3 of subsection (D) of this section. Upon revocation, management shall not convert, close or cease the use of the park until such time as a new impact report is approved. Such revocation or amendment is subject to the same request for hearing as is provided in subdivision 5 of subsection (D) of this section.

G.

Evictions Pending Compliance with Impact Report. Termination of a tenancy of any resident pursuant to Civil Code Section 798.56 or any other provision of law shall not relieve management of its obligation to comply with the conditions or requirements of the impact report applicable to that resident. However, if the termination of tenancy is based on subdivisions (a), (b), (c), (d) or (e) of Section 798.56 of the Civil Code, the advisory agency, upon request by management, may grant to management extensions of time within which to comply with the conditions of the impact report.

H.

Additional Authority of the Advisory Agency. If, notwithstanding the fact that management has not served a six months' or twelve months' notice on the residents, the advisory agency finds that management is attempting to close or convert a park, then the advisory agency shall require the filing of an impact report.

I.

Exceptions. If the U.S. Bankruptcy Court issues an order requiring closure of the mobilehome park, as part of a valid bankruptcy proceeding, then the provisions of this section shall not be applicable.

J.

Remedies.

1.

The failure of management to comply with this section or with any condition of the impact report shall be defense in any action to terminate tenancy under subdivision (f) of Section 798.56 of the Civil Code.

2.

Violation of this section shall constitute a misdemeanor. In addition, the violation of any valid condition of an impact report imposed by the advisory agency pursuant to this section shall constitute a misdemeanor.

K.

Effective Date. The provisions of this section shall apply to any judgment. Accordingly, any affirmative defenses to an unlawful detainer proceeding created or modified by this section shall apply to any such proceeding not reduced to final judgment as of the effective date of this section.

(Ord. 89-0137 § 1, 1989.)