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(a) No mobile home park shall be closed and cease to operate and no application or permit necessary for a mobile home park change of use shall be approved, without first obtaining approval of an Impact Report as described in this section and in Section 65863.7 of the Government Code.
(b) Within ninety (90) days before a mobile home park change of use occurs, as defined in Section 9-4.1902 (g), park management shall provide written notification to the Community Development Director and shall either file an Impact Report as described in Section 9-4.1906 (c)(3) or shall petition the Community Development Director to make a finding that a change of use is not occurring because park management is making a good faith effort to lease the spaces that are unoccupied by mobile homes to mobile home owners.
(c) Application Requirements. The application necessary for a mobile home park change of use shall include the following:
(1) Certification that residents and mobile home owners have been notified of the proposed change of use in accordance with Civil Code Section 798.56 (g) (1). Certification shall consist of a letter signed by the applicant certifying that the required notice has been given and when the notice was given, with a copy of the written notice attached.
(2) A certified list of the names and addresses of all tenants residing in the mobile home park and where applicable, nonresident mobile home owners, complete as of the time the application is filed. The names and addresses shall also be provided in a digital file to facilitate mailing of public hearing notices.
(3) An Impact Report as required under Section 65863.7 of the California Government Code, which shall include the following:
(i) The names and addresses of all resident mobile home owners, absentee mobile home owners and residents who are not mobile home owners; the length of time each space has been occupied by the current mobile home, mobile home owner and resident; the age, size and type of each mobile home; and the current monthly rent charged for each mobile home space.
(ii) An evaluation of the availability of adequate replacement housing in mobile home parks within twenty (20) miles of the proposed change of use. The evaluation shall include the name of each park surveyed and whether or not there are spaces available for relocation. If there are spaces available in a particular park, then the evaluation shall include, but not be limited to, a location map of the mobile home parks and a comparison between those parks and the park proposed for a change of use. At a minimum, the evaluation shall address the following factors: distance from the park proposed for a change of use, park amenities, space availability, rent and rent control requirements, park restrictions with respect to mobile home size, age, condition or other factors, security deposit requirements, utility connection charges, resident restrictions and any other factors that affect the feasibility of relocation.
(iii) Itemized estimates of the costs of relocating each mobile home and mobile home resident to a mobile home park within twenty (20) miles, including relocation of the mobile home and associated accessories and relocation of the residents and their possessions. Relocation costs include at a minimum the costs of disassembly, removal, transportation and reinstallation at the new site, including replacement or reconstruction of blocks, skirting, siding, porches, decks, awnings or earthquake bracing, if necessitated by the relocation. Relocation costs also include payment of insurance for potential damage to personal property caused by the relocation, reasonable living expenses of displaced mobile home park residents from the date of actual displacement until occupancy at the new park, any security deposit required at the new park, utility connection changes and the difference between the rent paid at the existing park and any higher rent at the new park during the first twenty-four (24) months of tenancy at the new park.
(iv) A list of the mobile homes proposed for relocation to a mobile home park within twenty (20) miles of the change of use and the mobile homes that are not proposed for relocation together with an explanation why each home is or is not proposed for relocation.
[(v) An estimate of the in-place market value of each mobile home not proposed for relocation or later found to be not eligible for relocation, in its current location, assuming the continued operation of the mobile home park in a safe, sanitary and well-maintained condition and an explanation of the basis used for estimating the in-place market value of each mobile home.]**
(vi) A "Relocation Assistance and Mitigation Plan" which shall include a timetable for physically relocating each mobile home and a proposal for payment of relocation assistance and measures to mitigate the impacts of the change of use pursuant to Section 9-4.1906 (d).
(4) The nomination of a Relocation Counselor to be approved and contracted by the City of Thousand Oaks, paid for by Applicant, with expertise in assisting individuals and families in matters of forced relocation.
(d) In approving an Impact Report, the decision-making body shall impose measures as conditions of approval to mitigate the adverse impacts of the change of use on mobile home owners and residents in the mobile home park. The specific conditions of approval of a particular application shall be determined on an application-by-application basis with regard to the facts and circumstances of the park subject to the change of use and all of the information contained in the application, and as suggested by the Relocation Counselor, but shall not exceed the reasonable cost of relocation. The "reasonable cost of relocation" shall be defined as not less than as set forth below in (d)(1), following; or, in the event no mobile home park within twenty (20) miles of the current mobile home site of the tenant proposed to be displaced is willing to accept the tenant's mobile home, or the mobile home is not capable of being moved and replaced functionally intact, a combined total of the consideration set forth below in (d)(2), (3), (4) and (5):
(1) Payment of the cost of relocating each mobile home to another mobile home park within twenty (20) miles of the change of use, including any combination of the costs of relocation described in Section 9-4.1906(c)(3)(iii);
[(2) Payment of a lump sum equal to the in-place market value of each mobile home in its current location, based upon the assumption that the mobile home park will continue operation in a safe, sanitary and well-maintained condition regardless of actual plans;]**
(3) Payment of a lump sum equal to the costs of moving displaced mobile home park residents to alternative housing;
(4) Payment of a lump sum equal to the first and last month rent and any security deposit in alternative rental housing for displaced mobile home park residents.
[(5) In no case shall any "cost of relocation" be less than that which would be required under the California Relocation Assistance Law, California Government Code § 7260, et seq., as if the project were deemed to be caused by State action.]**
(6) Should there be any disagreement regarding the value to be paid under any of the provisions of this measure, the parties shall forthwith arbitrate said matter before the City's Rent Stabilization Board, which decision shall be final, subject only to reversal by a trial de novo in the Superior Court. Should the party demanding a trial de novo not receive a more favorable determination from the Superior Court than that provided by the Rent Stabilization Board, then that party shall pay the other party his/her/its costs, including reasonable attorney fees.
(7) Once the reasonable cost of relocation has been paid, Tenant shall be relieved of any cost related to the removal of Tenant's mobile home from Applicant's property. No tenant shall be required to vacate any mobile home park until all payments required hereunder have been paid.
(e) The applicant and any mobile home owner or resident in the mobile home park may agree to a mutually satisfactory relocation assistance and mitigation program. To be valid, such agreement shall be in writing in the form and content required by applicable state law and shall include the following:
(1) A provision stating that the tenant is aware of the provisions of this Section 9-4.1906;
(2) A copy of this Section 9-4.1906 as an attachment; and
(3) A provision in at least twelve (12) -point type that clearly informs the tenant of the right to seek the advice of an attorney prior to signing the agreement.
(f) Relocation Assistance Adjustment.
(1) Any person who files an application for a mobile home park change of use may simultaneously request an adjustment to the relocation assistance obligations that could otherwise be required as mitigation for the impacts on displaced mobile home owners and residents in accordance with Section 9-4.1906(d).
(2) If an adjustment to the relocation assistance obligations is requested, the Impact Report described in Section 9-4.1906(c)(3) shall also include all of the following:
(i) A statement that the applicant is requesting an adjustment to the relocation assistance obligations that could otherwise be required in accordance Section 9-4.1906(d);
(ii) An estimate of the total cost of the relocation assistance obligations that could be required in accordance Section 9-4.1906(d);
(iii) A report prepared by an expert such as a real estate financing and development consultant substantiating why the relocation assistance obligations would result in a take of property in violation of the United States or California Constitutions and, if so, the minimum extent that such obligations would have to be adjusted to prevent a taking of property;
(iv) Such other information that the applicant believes to be pertinent, or which may be required by the Community Development Director.
(3) The decision-making body may consider an application for a Relocation Assistance Adjustment only for one (1) or both of the following reasons:
(i) That the requirement for relocation assistance would eliminate substantially all reasonable use or economic value of the property. Such justification may only be established if it is demonstrated that the imposition of the relocation requirements would prevent the reasonable use or economic value of the property for other, alternate uses and that the continued use of the property as a mobile home park is not a reasonable economic use of the property.
(ii) That a court of competent jurisdiction has determined that the mobile home park closure or cessation of use of the property as a mobile home park is necessary, and that such court has taken further action that would prohibit or preclude the payment of relocation assistance benefits. Notwithstanding this provision, the Land Use designations and zoning would remain in place, subject to a vote of the citizens of Thousand Oaks.
(g) Special notice requirements.
(1) At least thirty (30) days prior to a hearing or any other action on any entitlement application for a mobile home park change of use, or any hearing on an Impact Report, the City shall inform the applicant in writing of the provisions of Section 798.56 of the Civil Code and all applicable local requirements which impose a duty on the applicant to notify residents and mobile home owners of the proposed change of use and shall specify the manner in which the applicant shall verify that residents and mobile home owners have been notified of the proposed change of use. No hearing or other action shall be taken on any entitlement application for a mobile home park change of use or Impact Report until the applicant has verified to the satisfaction of the City that the residents and mobile home owners have been adequately notified.
(2) At least thirty (30) days prior to the Planning Commission hearing on an Impact Report, the applicant shall provide written notice to the residents of the park that the applicant will be appearing before the Planning Commission to request permission or permits for a change of use and provide a copy of the Impact Report described in Section 9-4.1906(c)(3) to the residents of the mobile home park with notice of the hearing date.
(3) In addition to other public hearing notice requirements, the City shall mail written notices of a public hearing on any applications related to a mobile home park change of use to all tenants residing within the affected mobile home park and all non-resident owners of mobile homes within the affected mobile home park.
(h) Required findings of fact. The decision- making body shall make the following affirmative findings prior to approving or recommending approval of an Impact Report:
(1) That the Impact Report, as approved, is adequate and contains reasonable measures for mitigating the impact of the change of use on displaced mobile home owners and residents.
(2) That the Impact Report, as approved, complies with the requirements of the Thousand Oaks Municipal Code.
(i) Conditions of approval.
(1) All of the mitigation measures imposed herein shall be performed prior to actual change of use of the mobile home park.
(2) No mobile home or mobile home resident shall be required to vacate a mobile home park until all of the mitigation measures applicable to that mobile home and resident set forth in the approved Impact Report have been completed.
[(3) After approval of a mobile home park change of use Impact Report, management of the park shall provide each mobile home owner twenty-four (24) months or more written notice of termination of tenancy and a copy of the approved Impact Report.]*
(4) No grading permit or building permit shall be issued unless the mitigation measures as described in the approved Impact Report have been completed for every mobile home in the park.
(5) As a condition of approval of an Impact Report for a mobile home park change of use, the owners of the mobile home park shall enter into a written agreement with the City to ensure compliance with this Section 9-4.1906 and the mitigation measures contained in the approved Impact Report.
(§ 4, Ord. 1459-NS, eff. April 21, 2006, as amended by § 3, Ord. 1503-NS, eff. August 14, 2008)
*In Vallecito Mobile Estates, Ltd v. City of Thousand Oaks, Ventura County Superior Court Case No. 56-2008-00328552 (7-13-2009), a ruling was issued which invalidated the bracketed language found in the foregoing § 9-4.1906.
**In City of Thousand Oaks v. 1200 Newbury LLC, Ventura County Superior Court Case No. 56-2009-00354680 (1-28-2010), a ruling was issued which invalidated the bracketed language found in the foregoing § 9-4.1906.