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P.C. RESOLUTION 91-41
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, RECOMMENDING A TEXT AMENDMENT TO REQUIRE
RELOCATION IMPACT REPORTS FOR MOBILE HOME PARK CONVERSIONS OR
CLOSURES AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION.
WHEREAS, the Planning Commission held a public hearing on
June 18, July 17, and September 3, 1991,. to receive oral and
written testimony regarding a proposed amendment to the zoning
ordinance to regarding state mandated relocation impact reports
to permit a mobile home park closure or conversion and made the
following Findings:
A. Section 65863.7 of the State Planning and Zoning Law requires
the filing and approval of a report on the impact of the
conversion, closure, or cessation of use upon the displaced
residents of a mobile home park to be converted or closed;
B. The state law, however, is general and does not specify the
contents or information required in the report;
C. Therefore, to clarify the procedure; to clarify the required
contents of the impact report; to clarify what the necessary
findings for approval or denial of the report; and to ensure
satisfactory mitigation of the impacts of displacement on
mobile home park residents; it is necessary to incorporate
more specific guidelines in the City's zoning ordinance;
D. Adoption of the proposed regulations requiring Relocation
Impact Reports prior to approval of the conversion or closure
of mobile home parks does not cause a significant impact on
the environment;
NOW, THEREFORE, the Planning Commission of the City of
Hermosa Beach, California, does hereby recommend that the zoning
ordinance text be amended to add the following to Article 14:
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DIVISION 4. RELOCATION IMPACT REPORTS
Section 1440. Relocation Impact Report (RIR)
For the purpose of this Division any closure of a mobile home
park or trailer park or any part thereof or any change of the
park's status to a vacant use shall be deemed to be a conversion
of the park.
Prior to the conversion of a mobile home park or trailer park or
any part thereof to any other use or to a vacant use, the person
or entity (hereinafter "the applicant") proposing such conversion
shall file an application with the City and obtain approval from
the City of a relocation impact report (RIR) in accordance with
the provisions contained in this Section.
For the purpose of this Division, the term "Mobile home" shall
mean a vehicle designed or used for human habitation and shall
include mobile homes as defined in the California Mobile home
Residency Law, Civil Code Section 798, et seq.
Fees for submittal and review of relocation impact reports shall
be set by policy of the city council.
Section 1441. Time for Filing RIR
An RIR shall be filed by the applicant and approved by the
planning commission prior to the giving of the written notice of
change in use of a mobile home park or trailer park or any
portion thereof required by Section 798.56(f) (2) of the
California Civil Code.
If the applicant files a tentative tract or parcel map to a
subdivision to be created upon the conversion of a mobile home
park or a trailer park to another use prior to giving the written
notice under Section 798.56(f) of the California Civil code, then
the RIR shall be filed concurrently with the filing of the map.
If the written notice of change in use has been given to the
residents prior to the adoption of this Division, the RIR shall
be submitted within 30 days of the effective date of this
Division.
Section 1442. Application and Resident Questionnaire
The City may require that the applicant file an application on a
form, provided by the City concurrently with the filing of an
RIR.
The City may also require that the applicant give to each
affected mobile home owner a questionnaire, provided by the City,
which includes, but is not limited to:
A. The purchase price and date of purchase of the mobile
home by the resident. (Information may be provided at
the option of the resident.)
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B. The amount and terms of any rema1n1ng amount due on a
mortgage on the mobile home.
C. The cost incurred by the resident in making any
improvement, such as additions to or enlargement of the
mobile home, patios, porches, carports, landscaping, and
related amenities.
D. Any circumstances, including but not limited to job
location, which would restrict the area in which the
resident is able to relocate.
All questionnaires shall be given to each resident by the
applicant at least 40 days prior to filing the proposed RIR with
the City and shall be returned by each resident to the applicant
within 30 days. All completed questionnaires shall be submitted
to the City by the applicant concurrently with the filing of an
RIR.
Said questionnaires shall be kept separate from the RIR and will
not be included in the RIR sent to each resident. The identity
of a resident and his or her individual responses shall be
confidential and shall not be divulged except as necessary to
determine the relocation assistance to be received by that
particular resident or to settle disputes concerning the
relocation assistance approved by the City. The City may also
require information, such as that in the questionnaire, directly
from the resident.
Section 1443. Content of RIR
The RIR shall contain the following:
1. A description of the proposed new use.
2. A timetable for conversion of the park.
3. A legal description of the park.
4. The number of spaces in the park, length of occupancy by
the current occupant of each space, and current rental
rate for each space.
5. The date of manufacture and size of each mobile home.
6. The appraised on-site value and off-site value of each of
the mobile homes in the park. The appraiser is to be
selected by the City and the cost is to be borne by the
applicant.
7. The total number of mobile home residents, divided down
space by space, to identify owner or renter occupancy,
principal or second home occupancy, residents under 16
years of age, residents 60 years of age or over, and the
number of residents who are handicapped.
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8. The name and mailing address of each mobile home resident
and each non-resident mobile home owner.
9. A list of known available spaces in the South Bay-Long
Beach area of Los Angeles County, the Orange County area
and other areas of Los Angeles County within a 50 mile
radius from the park, including any written commitments
from mobile home parks and trailer park owners willing to
accept displaced residents, the comparability of such
parks and the rental rates for such spaces.
a. If comparable spaces are not available for the mobile
homes of the residents within the above described
areas, the RIR shall contain information on the
location and rental rates of available spaces in other
areas, if any, within a reasonable distance from the
mobile home park, the purchase price of comparable
mobile homes in place in a comparable park within a
reasonable distance, the purchase and installation
cost of a new mobile home if spaces are available for
new mobile homes in a comparable park within a
reasonable distance, the rental rates in such parks.
b. If comparable spaces are not available within a
reasonable distance, the purchase price of
condominiums similar in size to the mobile homes
within a reasonable distance, and the rental rates and
moving costs involved in moving to an apartment or
other rental unit within a reasonable distance.
10. Estimates from two (2) moving companies as to the minimum
and per mile cost of moving mobile homes of various
sizes, including tear-down and setup of mobile homes and
moving of improvements such as porches, carports, patios,
and other movable amenities installed by the residents.
Said moving companies shall be approved by the Planning
Director (hereinafter "Director") prior to inclusion with
the RIR.
11. Proposed measures to mitigate the adverse impacts of the
conversion upon the park residents.
12. The City may require that the applicant hire a relocation
specialist to find alternate housing. The specialist
shall be selected by the applicant, subject to the City's
approval, and shall be paid for by the applicant.
13. Information whether residents have been offered the
option of a long-term lease of the land and purchase of
the improvements if the park is to be sold.
Section 1444. Hearing and Notice
Upon filing of an RIR, the Director shall examine the same and
advise the applicant within 30 days after receipt thereof whether
it is complete. When a complete RIR has been filed it shall be
accepted by the Director, and the Director shall set a time, date
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and place for review of the RIR by the Planning commission not
later than 90 days after the date of acceptance. The Director
shall mail a copy of the RIR to all residents of the mobile home
park or trailer park and any non-resident owners of mobile homes
in the park and shall give notice by certified mail or personal
delivery to the applicant, the residents, and any non-resident
owners of mobile homes in the park of the date, time and place of
the hearing at least 30 days prior thereto. The RIR sent to each
resident and non-resident mobile home owner shall not include
the resident questionnaire, however it shall include the
individual appraisal of that resident's mobile home. The notice
shall also contain a general explanation of the matters to be
considered by the Planning commission. The Director may give
such additional notice as the Planning commission deems necessary
or desirable.
Section 1445. Planning commission Findings and Decision
Upon review of the RIR and consideration of the written and oral
evidence received at the hearing, the Planning commission shall,
by resolution, render its decision. The Planning commission
shall approve the RIR if it is able to make an affirmative
finding that reasonable measures have been provided in an effort
to mitigate the adverse impact of the conversion on the ability
of the park residents to be displaced to find alternative
housing. If the Planning commission does not make this finding
and is unable to impose reasonable measures to mitigate the
adverse impact, the Planning commission may disapprove the RIR.
No other permit or approval shall be granted in furtherance of
the proposed conversion and no change of use shall occur until
and unless an RIR has been approved.
In approving an RIR, the Planning commission may impose
reasonable measures not exceeding the reasonable costs of
relocation to mitigate adverse impacts created by the conversion,
which may include, but not be limited to, any of the following:
1. Provision for payment of the cost of physically moving
the mobile home to a new site, including tear-down and
setup of mobile homes, including, but not limited to,
movable improvements such as patios, carports and
porches.
2. Payment of a lump sum to compensate for payment of the
first and last month's rent and any security deposit at
the new mobile home park.
3. Payment of a lump sum to compensate for any differential
between rental rates at the closing mobile home park and
the new mobile home park during the first year of the new
tenancy.
4. For those mobile home residents who move to apartments or
other rental housing alternatives, provision for the
first and last month's rent, plus security deposit,
cleaning fees, not to exceed the Fair Market Rents for
new construction and substantial rehabilitation for the
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Los Angeles area as established by the U.S. Department of
Housing and Urban Development. Mobile home households
may be compensated based on the number of bedrooms in the
mobile home so that a one bedroom mobile home may be
compensated based on a one bedroom apartment, a two
bedroom mobile home on a two bedroom apartment, etc.
5. For those mobile home residents who move to apartments or
other rental housing alternatives, a lump sum payment to
compensate for any differential between rental rates at
the closing mobile home park and the rental housing
alternative during the first year of the tenancy. Mobile
home households may be compensated based on the Fair
Market Rents for new construction and substantial
rehabilitation for the Los Angeles area as established by
the U.S. Department of Housing and Urban Development.
Mobile home households may be compensated based on the
number of bedrooms in the mobile home so that a one
bedroom mobile home may be compensated based on a one
bedroom apartment, a two bedroom mobile home based on a
two bedroom apartment, etc.
6. Provision of a replacement space within a reasonable
distance of the mobile home park or trailer park.
7. A requirement that a resident whose mobile home cannot be
relocated within a reasonable distance to a comparable
park be compensated by a lump sum payment which shall
not exceed the cost of physical relocation
8. A provision for setting aside a certain number of units
for the residents of the park if the park is to be
converted to another residential use.
The total of the mitigation measures required shall be
subject to and shall not exceed the limitation in government
Code Section 65863.7 which provides: "the steps taken to
mitigate shall not exceed the reasonable costs of
relocation."
Section 1446. Appeals
The decision of the Planning commission may be appealed to the
city council by filing a written appeal within ten (10) days of
the Planning commission's decision.
Section 1447. Subsequent Modification of Mitigation
1. After an RIR has been approved, modification of the
mitigation measures imposed, including additions or
deletions, may be considered upon filing of a written
application by the applicant, or his authorized
representative. A modification of the RIR may be granted
upon a finding that the approved RIR or a change of
circumstances has created a substantial hardship for the
applicant and that any such modification will not
unreasonably prejudice the interests of the residents.
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2. After an RIR has been approved, modification of the
mitigation measures imposed may be considered by the City
on the grounds that there has been a change in
circumstances, or information not known or considered at
the time of the hearing on the RIR has become available.
Examples of such new information or changed circumstances
include, but are not limited to, revised plans by the
applicant and a change in the availability of relocation
spaces.
3. Any application for modification shall be subject to the
notice and bearing procedures set forth in Article 16.
The decision and any appeal in connection with a
modification request shall take place as with the initial
approval.
Section 1448. Performance of Mitigation Measures
All mitigation measures imposed in the approval of an RIR
shall be fully performed as to each resident prior to that
resident's required vacation of the mobile home park or
trailer park, unless otherwise provided in the mitigation
measure. No resident shall be required to vacate a mobile
home/trailer space unless the applicant is in full compliance
with all mitigation measures imposed pertaining to such
resident, and has otherwise fulfilled the notice requirements
of the California Mobile home Residency Law relating to
"Termination of Tenancy.11
Section 1449. Expiration. Extension and Revocation of RIR
1. Expiration. An RIR shall become automatically null and
void if the conversion of the mobile home park has not
occurred within eighteen (18) months of its effective
date unless extended as provided in paragraph 2 of this
Section or unless otherwise provided in the RIR or the
resolution of approval of the RIR.
2. Extension. Upon application by the applicant filed with
the Director on or before the date of expiration of the
RIR, an RIR may be extended by the Planning commission,
or the Council on appeal, if the Planning commission
finds that the termination of the RIR would constitute an
undue hardship to the applicant and that the continuation
of the RIR would not be detrimental or have any further
adverse impact on the residents in the park. An
application for an extension shall be subject to the
hearing and notice procedures set forth in Article 16.
In approving an extension, the planning commission may
subject the RIR to any additional mitigation measures
deemed necessary to mitigate any adverse impacts
resulting from the extension. Multiple extensions may be
granted, but no one extension shall be issued for more
than eighteen (18) months.
3. Revocation. Proceedings for the revocation of an RIR may
be initiated by the Council, the planning commission or
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VOTE:
the Director. Upon initiation of a revocation, the
planning commission shall conduct a hearing with notice
given in the same manner set forth in Article 16, except
that notice to the applicant shall be by certified mail
or personal service. After the hearing, the planning
commission may revoke the RIR if any of the following
findings are made:
a. Approval was obtained by fraud, deceit or
misrepresentation.
b. The applicant is not or has not been in compliance
with the mitigation measures contained in the RIR or
with the provisions of this Section.
c. A revocation shall be effective ten (10) days after
the date of the action by the Planning commission
unless an appeal is filed in accordance with Section
1446.
d. Upon revocation, the applicant shall not be entitled
to convert or change the use of the park until such
time as a new RIR is filed and accepted as complete by
the Director, a new written notice of change of use is
given to park residents and a new RIR is approved by
the Planning commission.
AYES:
NOES:
ABSTAIN:
ABSENT:
Comms.Di Monda,Marks,Peirce,Stifano
None
None
Chmn.Ketz
CERTIFICATION
I hereby certify that the foregoing Resolution P.C. 91-41 a true
and complete record of the action taken by the Planning
Commission of the City of Hermosa Beach, Cali~fornia at their
;egular meeting of September 3, 1;_.91~ ,J . ~ / _, /
\~di?>,~~ ~~L__..-
Robert B. Marks, Vice Chairman MichaeSchubacb, Secretary
q ( ·'2 t;, /q \
Date plandoc/pcrsmhp
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