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4364FOLLOWS: ORDINANCE NO. 4364 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW CHAPTER 18.92 TO TITLE 18 OF THE ANAHEIM MUNICIPAL CODE AND AMENDING SECTIONS 18.01.140 AND 18.01.190 OF CHAPTER 18.01 AND SECTION 18.02.051 OF CHAPTER 18.02 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS SECTION 1 That new Chapter 18.92 be, and the same is hereby, added to Title 18 of the Anaheim Municipal Code'to read as follows: "CHAPTER 18.92 MOBILEHOME PARK OVERLAY (MHP) ZONE SECTION 18.92.010 DESCRIPTION AND PURPOSE. .010 The Mobilehome Park Overlay (MHP) Zone is intended to provide for and promote the orderly growth and development of sites for mobilehome parks consis- tent with the City's goal of accommodating alternative housing types and to balance the interests of mobilehome park owners and mobilehome owners. It is also intended to mitigate the herein identified relocation problems and adverse effects of displacement upon the displaced mobilehome owners when a park is converted to another land use. This Chapter and the requirements contained herein are not in- tended to apply to a recreational vehicle or recreational vehicle park. If a mobilehome park contains recreational vehicles, then this Chapter and the requirements contained herein shall apply only to mobilehomes located within such mobilehome park. .020 The Mobilehome Park Overlay ()HP) Zone may be combined with any zone ('underlying zone') in which.residential uses are permitted or within which mobilehome parks are located. The regulations contained in this Chapter shall apply in addition to, and where incon- sistent therewith shall supersede, any regulations of such zone with which the (MHP) Zone is combined. When the (MHP) Zone is applied to a parcel with an existing mobilehome park which was established pursuant to a conditional use permit, variance or other discretionary zoning approval or permit, any conditions or regulations applied therein shall remain in full force and effect except as to matters specified in this Chapter. -1- SECTION 18.92.020 DEFINITIONS. For purposes of this Chapter, the following words, terms and phrases shall have the meanings ascribed herein: .010 'Average comparable mobilehome park' shall mean the mean average of all other mobilehome parks within a 125 mile radius of the mobilehome park being converted which are reasonably similar to the mobilehome park being converted. Such determination of similarity shall be based upon the condition, quality, amenities and other relevant factors of the mobilehome parks being compared. Such determina- tion shall not, however, be based upon the age or location of the mobilehome parks being compared. .020 'City hearing body' shall mean the Planning Commission of the City of Anaheim. The decision of the Planning Commission shall be subject to appeal to or re- view by the City Council within the time and manner otherwise set forth in Chapter 18.03 of this Code. Upon any such appeal or review, the City Council shall thereafter be deemed the city hearing body for purposes of this Chapter. The decision of the City Council shall be final and conclusive. .030 'Mobilehome owner' shall mean a collective unit composed of the registered owner or registered owners of an individual mobilehome regardless of the number of such owners or the form of such ownership. Any notice to mobile - home owners or residents required hereunder need not be given to more than one such owner or resident of each mobilehome. Any re- location benefits payable to a mobilehome owner hereunder shall be deemed payable jointly and collectively to the owners on a per mobilehome basis regardless of the number of owners of each mobile home. SECTION 18.92.030 PERMITTED USES AND STRUCTURES. Subject to the provisions of this zone, only the following primary uses and structures, either singly or in combination, shall be permitted int this zone: SECTION 18.92.040 .010 Mobilehome parks. .020 Mobilehome park subdivisions. PERMITTED ACCESSORY USES AND STRUCTURES. The following uses and structures are permitted only when they are integrated with and clearly incidental to a primary use and when the sole purpose is to pro- vide convenience to residents of the development and their guests rather than to the general public: -2- .010 Recreation buildings, game courts, swimming pools and other similar facilities. .020 Recreational vehicle parks con- stituting an incidental section, area or number of units within a mobilehome park. .030 garages and carports. .040 outdoor storage areas. .050 compliance with the provisions Anaheim Municipal Code. Parking structures, including Storage sheds or fully enclosed Customary home occupations in of Section 18.02.052.040 of the .060 Signs, as permitted by the provi- sions of the underlying zone and in compliance with Chapter 18.05 of the Anaheim Municipal Code. SECTION 18.92.050 SITE DEVELOPMENT STANDARDS. Except as otherwise specifically provided in this Chapter, development of any property within this zone shall comply with the site development standards of the underlying zone in which the property is located. The density of any development, including any new mobilehome park development, shall not exceed the maximum density otherwise permitted by the underlying zone. SECTION 18.92.060 CONVERSION OF EXISTING MOBILEHOME PARKS AND RECLASSIFICATION FROM THE (MHP) ZONE. .010 Reclassification. Prior to conver- sion of any property upon which a mobilehome park then exists, or upon which a mobilehome park existed at any time within the pre- ceding two years, to another land use not otherwise permitted in this zone, the (MHP) Zone shall be required to be removed from the property by reclassification in accordance with the proce- dures and conditions set forth in Chapter 18.03 of this Code. Nothing contained in this Chapter shall be deemed to authorize the termination of any tenancy within an existing mobilehome park except as otherwise authorized by state law. Any application for a reclassification pursuant to the provisions of this Chapter shall be deemed an application for a 'change of use' for purposes of Section 798.56(f) of the Civil Code of the State of California or any successor provision thereto. -3- .020 Conversion Impact Report. Prior to approval of a reclassification from the (MHP) Zone for any property upon which a mobilehome park then exists, or upon which a mobilehome park existed at any time within the pre- ceding two years, the person or entity proposing such reclassi- fication shall file fifteen (15) copies of a comprehensive conversion impact report with the City on the impact of the proposed change of use upon the mobilehome owners within said mobilehome park which report shall contain, but need not be limited to, the following information: The age of the mobile - home park; the number of mobilehomes existing in the park; the age of the mobilehomes existing in the park; a detailed descrip- tion of the park as to landscaping and individual site develop- ment; the length of time that each resident has lived in the park; an Analysis of the availability of adequate replacement space in comparable mobilehome parks within a 125 mile radius of the mobilehome park to be converted; an estimate as to the costs to relocate each mobilehome to an average comparable mobilehome park (cost to relocate means disassembly and reassembly of the mobilehome including installation of awnings, skirtings, porches, and other amenities required by an average comparable park to which the mobilehome could be relocated, and transportation costs as herein provided); the owner's proposal as to relocation benefits; and a general statement as to the condition of the existing park. .030 Availability of Conversion Impact Report. The person or entity proposing such reclassification shall make available a copy of the conversion impact report to owners of all mobilehomes within the mobilehome park at least fifteen (15) days prior to the hearing on the report by the city hearing body. Such mobilehome owners shall be notified as to the availability of said report for examination by the person or entity proposing the reclassification and also as to the place and time of the hearing. The person or entity proposing such change may charge such persons a reasonable duplication fee for copies of the report. .040 Relocation Benefits. Prior to ap- proval of any reclassification for property upon which a mobile - home park then exists, or upon which a mobilehome park existed at any time within the preceding two years, the city hearing body shall conduct a duly noticed public hearing in accordance with the procedures set forth in Chapter 18.03 of this Code at which public hearing the city hearing body shall review such conversion impact report and hear testimony and evidence relating thereto. The city hearing body shall require as a condition of approval of any such reclassification that the person or entity proposing -� said reclassification take reasonable measures to mitigate any identifiable adverse impacts of the change of use on the ability of displaced mobilehome owners to find adequate replacement space in another mobilehome park. Said mitigation measures shall be limited to the payment of relocation benefits to the displaced mobilehome owner by the person or entity proposing such reclassi- fication consisting of the following amounts: -4- .0401 The estimated cost of disas- sembly and reassembly of the displaced mobilehome including existing awnings, skirtings, porches and storage structures. .0402 The estimated cost of transporta- tion of the displaced mobilehome to an average comparable mobilehome park. .0403 The estimated additional cost the displaced mobilehome owner will be required to spend to meet an average comparable mobilehome park's lawful requirements for improvements to the mobilehome space and the mobilehome which is being relocated (collectively referred to herein as 'improve- ment costs'). The person or entity proposing the change of use shall establish the improvement costs of an average comparable mobilehome park by surveying a representative number of compara- ble mobilehome parks where available replacement spaces can be identified within a 125 mile radius from the mobilehome park to be converted. These improvement costs shall be categorized as to their type, including requirements for skirting, awnings, landscaping and other applicable categories. The estimated additional cost for each displaced mobilehome owner to conform to each of these categories shall also be established. These costs will be established on the basis that the work is to be done by a professional contractor hired by the mobilehome owner, rather than the mobilehome owner performing the work himself. The information specified in this subsection shall be included in the conversion impact report and shall be subject to review and approval by the city hearing body. .0404 Nothing contained herein shall be deemed to preclude any mobilehome owner and mobilehome park owner from mutually agreeing upon different benefits in lieu of the benefits otherwise required to be paid to each mobile - home owner by this section. .050 Comparable Relocation Unavailable. In the event the city hearing body at its sole discretion finds, based upon the conversion impact report and information pre- sented at the public hearing, that there are no reasonably comparable mobilehome parks within a radius of 125 miles from the mobilehome park to be converted to which a displaced mobile - home could be relocated due to the age, size or condition of the displaced mobilehome or for other reasons, the displaced mobilehome owner shall be entitled to relocation benefits equal to those payable herein to owners of mobilehomes capable of such relocation. -5- .060 Relocation to a Specific Park Not Required. In no instance shall any mobilehome owner be required to relocate to a specific park or location as a condition of payment of said relocation benefits; provided, however, that the benefits payable to any mobilehome owner shall be those specified herein regardless of the location or park to which the mobilehome is actually removed or the availability of any such relocation space. .070 Notice of Effect of this Chapter. All mobilehome park owners in the City of Anaheim shall notify in writing all existing and future mobilehome owners and park residents if different from such mobilehome owners (hereinafter referred to collectively as 'households') of the mobilehome park's rights and obligations under this Chapter. Delivery of a copy of this Chapter shall be deemed sufficient notification in lieu of any other notice required pursuant hereto. Said notice may in- clude, at the mobilehome park owner's option, additional informa- tion relating to the procedures and effects of a change of use. Existing households shall be noti- fied within 90 days of the effective date of this Chapter. New households shall be notified on or before the date of commence- ment of occupancy. If the new household commences occupancy without first notifying the mobilehome park owner and without signing the mobilehome park's rental documents, then notice may be given to such household within 90 days of the date of execution and delivery to the mobilehome park of such rental documents. Notice may be given by first class mail or in the manner prescribed by Code of Civil Procedure Section 1162 or any other lawful means reasonably designed to insure that the household has received such notice. SECTION 18.92.070 FINDINGS OF FACT REQUIRED FOR RECLASSIFICATION. Before the city hearing body may grant any reclassification from the Mobilehome Park Overlay (MHP) Zone for property upon which a mobilehome park then exists or upon which a mobilehome park existed at any time within the pre- ceding two years, it must make a finding of fact that the evi- dence presented at the public hearing establishes the existence of one or more of the following facts: .010 That the proposed change of land use will not have an adverse effect upon the goals and policies for preservation of housing within the City of Anaheim as set forth in the Housing Element of the Anaheim General Plan; or .020 That the proposed change of use is necessitated by the underlying site conditions which pose a threat to the life, health, safety or general welfare of the mobilehome park residents; or I-1 .030 That the proposed change of use is necessitated by circumstances beyond the reasonable control of the owner of the property; or .040 That denial of said reclassifica- tion would deprive the owner of all reasonable or economically viable use of the property; or .050 That said reclassification is re- quired by public necessity and convenience and the general welfare. Notwithstanding the requirements of this section, the approval or denial of any reclassification pursuant to this Chapter shall be deemed a legislative act re- viewable exclusively pursuant to Section 1085 of the Code of Civil Procedure." SECTION 2. That Section 18.01.140 of Chapter 18.01 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended by the amendment of the definitions of the terms "Mobilehome" and "Mobilehome Park" as specified therein to read as follows: "'Mobilehome' A 'mobilehome' is a structure designed for human hab tation and for being moved on a street or high- way under permit pursuant to Section 35790 of the Vehicle Code or any successor provision thereto. Mobilehome does not include a recreational vehicle as defined in Section 18.01.190 of the Anaheim Municipal Code or a commercial coach as defined in Section 18218 of the Health and Safety Code or any successor provision thereto." "'Mobilehome Park' A 'mobilehome park' is an area of land where two or more mobilehome sites are rented, or held out for rent, to accommodate mobilehomes used for human habitation." SECTION 3. That Section 18.01.190 of Chapter 18.01 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended by the amendment of the definition of "Recreational Vehicle" as specified therein and the addition of the definition of "Recreational Vehicle Park" thereto, to read as follows: "'Recreational Vehicle' A 'recreational vehicle' shall mean as defined in Section 799.24 of the Civil Code of the State of California or any successor provision thereto." "'Recreational Vehicle Park' A 'recreational vehicle park' shall mean as defined in Section 799.25 of the Civil Code of the State of California of any successor provision thereto." -7- SECTION 4. That Section 18.02.051 of Chapter 18.02 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "SECTION 18.02.051 MOBILEHOME PARK CONVERSIONS. .010 Definitions. For purposes of this Section, the following words, terms and phrases shall have the meanings ascribed herein: .0101 'Average comparable mobilehome park' shall mean the mean average of all other mobilehome parks within a 125 mile radius of the mobilehome park being converted which are reasonably similar to the mobilehome park being converted. Such determination of similarity shall be based upon the condition, quality, amenities and other rele- vant factors of the mobilehome parks being compared. Such determination shall not, however, be based upon the age or location of the mobilehome parks being compared. .0102 'City hearing body' shall mean the Planning Commission of the City of Anaheim for any change of use for which a zone reclassification, conditional use permit, zone variance or subdivision map is required. The decision of the Planning Commission shall be subject to appeal to or review by the City Council within the time and manner otherwise set forth in Chapter 18.03 of this Code. Upon any such appeal or review, the City Council shall thereafter be deemed the city hearing body for purposes of this Section. The City Council shall be deemed the city hearing body for any other proposed change of use. The decision of the City Council shall be final and conclusive. .0103 'Mobilehome owner' shall mean a collective unit composed of the registered owner or regis- tered owners of an individual mobilehome regardless of the number of such owners or the form of such ownership. Any notice to mobilehome owners or residents required hereunder need not be given to more than one such owner or resident of each mobile - home. Any relocation benefits payable to a mobilehome owner hereunder shall be deemed payable jointly and collectively to the owners on a per mobilehome basis regardless of the number of owners of each mobilehome. .020 Conversion Impact Report. Prior to the conversion of a mobilehome park to another use, except pursuant to Chapter 18.92 hereof, the person or entity proposing such change in use shall file fifteen (15) copies of .a comprehensive conversion impact report with the City on the impact of the proposed conversion upon the mobilehome owners within said mobilehome park which report shall contain, but need not be limited to, the following information: the age of the mobilehome park; the number of mobilehomes existing in the park; the age of the mobilehomes existing in the park; a detailed description of the park as to landscaping and individual site development; the length of time that each resident has -8- lived in the park; an analysis of the availability of adequate replacement space in comparable mobilehome parks within a 125 mile radius of the the mobilehome park to be converted; an estimate as to the costs to relocate each -- mobilehome to an average comparable mobilehome park within a 125 mile radius of the mobilehome park to be converted (cost to relocate means disassembly and reassembly of the mobilehome including installation of awnings, skirtings, porches, storage structures and other amenities required by the average comparable park to which the mobilehome could be relocated, and transportation costs as herein provided); the owner's proposal as to relocation benefits, and a general state- ment as to the condition of the existing park. .030 Availability of Conversion Impact Report. The person or entity proposing such change in use shall make available a copy of the conversion impact report to owners of all mobilehomes within the mobilehome park at least fifteen (15) days prior to the hearing on the report by the city hearing body. Such mobilehome owners shall be noti- fied as to the availability of said report for examination by the person or entity proposing the change in use and also as to the place and time of the hearing. The person or entity propos- ing such change may charge such persons a reasonable duplication fee for copies of the report. .040 Relocation Benefits. Prior to approval of such change of use, the city hearing body shall conduct a duly noticed public hearing in accordance with the procedures set forth in Chapter 18.03 of this Code at which public hearing the city hearing body shall review such conver- sion impact report and hear testimony and evidence relating thereto. The city hearing body shall require as a condition of approval of any such change of use that the person or entity proposing said change of use take reasonable measures to miti- gate any identifiable adverse impacts of the change of use on the ability of displaced mobilehome owners to find adequate replacement space in another mobilehome park. Said mitigation measures shall be limited to the payment of relocation benefits to the displaced mobilehome owner by the person or entity pro- posing such change of use consisting of the following amounts: .0401 The estimated cost of disassembly and reassembly of the displaced mobilehome including existing awnings, skirtings, porches and storage structures. .0402 The estimated cost of transporta- tion of the displaced mobilehome to an average comparable mobilehome park. .0403 The estimated additional cost the displaced mobilehome owner will be required to spend to meet the average comparable mobilehome park's lawful requirements for improvements to the mobilehome space and the mobilehome which is being relocated (collectively referred to herein as 'improvement costs'). The person or entity proposing the change of use shall establish the improvement costs of the average comparable mobilehome park by surveying a representative number of com- parable mobilehome parks where available replacement spaces can be identified within a 125 mile radius from the mobilehome park to be converted. These improvement costs shall be categorized ,..... as to their type, including requirements for skirting, awnings, landscaping and other applicable categories. The estimated additional cost for each displaced mobilehome owner to conform to each of these categories shall also be established. These costs will be established on the basis that the work is to be done by a professional contractor hired by the mobilehome owner, rather than the mobilehome owner performing the work himself. The information specified in this subsection shall be included in the conversion impact report and shall be subject to review and approval by the city hearing body. .0404 Nothing contained herein shall be deemed to preclude any mobilehome owner and mobilehome park owner from mutually agreeing upon different benefits in lieu of the benefits otherwise required to be paid to such mobile - home owner by this section. .050 Comparable Relocation Unavailable. In the event the city hearing body at its sole discretion finds based upon the conversion impact report and information presented at the public hearing, that there are no reasonably comparable mobilehome park within a radius of 125 miles from the mobile - home park to be converted to which a displaced mobilehome could be relocated due to the age, size or condition of the displaced mobilehome or for other reasons, the displaced mobilehome owner shall be entitled to relocation benefits equal to those payable herein to owners of mobilehomes capable of such relocation. .060 Relocation to a Specific Park Not Required. In no instance shall any mobilehome owner be required to relocate to a specific park or location as a condition of payment of said relocation benefits; provided, however, that the benefits payable to any mobilehome owner shall be those specified herein regardless of the location or park to which the mobile - home is actually removed or the availability of any such reloca- tion space. .070 No Permit Except upon Compliance with Section. No permit or other entitlement shall be issued by the City authorizing the conversion of a mobilehome park to another use, and no person or entity shall convert a mobilehome park to another use, except following compliance with the pro- visions of this Section. -10- .080 Notice of Effect of this Section. All mobilehome park owners in the City of Anaheim shall notify in writing all existing and future mobilehome owners and park residents if different from such mobilehome owners (hereinafter referred to collectively as 'households') of the mobilehome park's rights and obligations under this Section. Delivery of a copy of this Chapter shall be deemed sufficient notification in lieu of any other notice required pursuant hereto. Said notice may include, at the mobilehome park owner's option, additional information relating to the procedures and effects of a change of use. Existing households shall be notified within 90 days of the effective date of this Section. New households shall be notified on or before the date of com- mencement of occupancy. If the new household commences occu- pancy without first notifying the mobilehome park owner and without signing the mobilehome park's rental documents, then notice may be given to such household within 90 days of the date of execution and delivery to the mobilehome park of such rental documents. Notice may be given by first class mail or in the manner prescribed by Code of Civil Procedure Section 1162 or any other lawful means reasonably designed to insure that the household has received such notice." SECTION S. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 6. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal hereby of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions appli- cable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new ..., enactments. SECTION 7. The City Clerk shall certify to the passage of this ordi- nance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, printed, published and circulated in said City, and thirty (30) days from and after its final passage, it shall take effect and be in full force. -11- THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 21st day of September, 1982. MAYOR OF THE CITY OF ANAHEIM ATTEST: CITY LERK OF THE CM OF ANAHEIM JLW : fm -12- STATE OF CALIFORNIA ) COUNTY OF ORANGE CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 4364 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 14th day of September, 1982, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 21st day of September, 1982, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Raywood, Pickler, Overholt, Bay and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 4364 on the 21st day of September, 1982. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 21st day of September, 1982. CITY CLEIK OF THE CITY OF AVOEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 4364 and was published once in the Anaheim Bulletin on the lot day of October, 1982. W ,, .mit.