(A) Upon the filing of an application for change of use or exemption and RIR, the Director shall examine the same and advise the applicant in writing within 30 days after receipt thereof whether it is complete. When an application and RIR have been accepted as complete, the Director shall set a time, date and place for a hearing before the Planning Commission not later than 60 days after the date of acceptance. Because certain required information in an RIR (e.g., appraisals, tenant data) can not be obtained until after filing an application for change of use, an applicant must file an application for change of use and RIR containing all available information concerning the proposed change of use and relocation costs and assistance in order to start the process of obtaining the information required for a complete application and RIR.
(B) Not less than 30 days prior to the scheduled public hearing before the Planning Commission, the park owner shall, by certified mail or personal delivery, transmit to the registered and legal owner of each mobile home occupying a site within the mobile home park and to each resident a copy of the RIR and notice of the date, time and place of the public hearing on the application.
(C) Not less than 15 days prior to the scheduled public hearing before the Planning Commission on the RIR, the park owner shall file with the Director a verification that he or she has complied with the requirements of this section pertaining to notices and transmittal of copies of the RIR and with all notice requirements in Cal. Gov't Code §§ 65863.7 et seq. The form and manner of such verification shall be subject to approval by the City Attorney.
(D) Planning Commission hearing, findings and advisory decision. Upon review of an application for change of use or exemption and the RIR and consideration of the written and oral evidence received at the hearing, the Commission shall render its findings and recommendations to the City Council by resolution within 95 days of the date the application and RIR were accepted as complete. In rendering its advisory decision, the Commission may recommend reasonable measures not exceeding the reasonable costs of relocation to mitigate the adverse impacts on eligible residents displaced by the change of use, which may include, but are not limited to the following:
(1) Payment of the cost of physically moving the mobile home to a new site, including tear-down and set-up of mobile homes, including, but not limited to movable improvements such as patios, carports and porches;
(2) Payment of a lump sum based on consideration of the first and last month's rent and any security deposit at the new mobile home park;
(3) Payment of a lump sum based on consideration of 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, payment of a lump sum based on consideration of any differential in the rental rate between the closing park and the alternate housing, requirements for payment of the first and last month's rent and security deposits and cleaning fees, and 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, and the like;
(5) Provision of a replacement space within a reasonable distance of the closing mobile home park;
(6) For residents whose mobile home cannot be relocated to a comparable park within a 50-mile radius of the closing mobile home park, payment of a lump sum based upon consideration of the value of the mobile home, including resident improvements (i.e., landscaping, porches, carports, and the like), any mortgage obligations of the resident on the mobile home, and the costs of purchasing a mobile home on-site in a comparable park or acquiring other comparable replacement housing;
(7) Notwithstanding any other provision in this section, the total of the mitigation measures required shall be subject to and shall not exceed the limitation in Cal. Gov't Code § 65863.7 which provides: “the steps taken to mitigate shall not exceed the reasonable costs of relocation.”
(E) City Council hearing, findings and decision.
(1) The application for change of use and any application for exemption shall be set for hearing before the City Council within 45 days of the date of the Planning Commission resolution recommending the mitigation measures to be imposed on the change of use of a park or exemption from the provision of relocation assistance.
(2) The City Council, after review and consideration of the application, the RIR and the written and oral evidence received at the hearing, shall by resolution render its findings and decision within 80 days of the date of the Planning Commission resolution.
(3) The City Council may impose reasonable measures not exceeding the reasonable costs of relocation to mitigate the adverse impacts of the change of use on eligible mobile home residents pursuant to division (D) of this section. The decisions of the City Council shall be final. Pursuant to Cal. Code of Civil Procedure § 1094.6, the statute of limitations for bringing a judicial challenge to any decision concerning a change of use of a mobile home park shall be 90 days and notice of the city's decision to the application, park owner, and affected residents shall include notice that the 90-day statute of limitations in Cal. Code of Civil Procedure § 1094.6 is applicable.
(`83 Code, § 15.40.070) (Ord. 92-13 § 1 (part), 1992; Ord. 92-13U § 1 (part), 1992)