5.45.080 Decision regarding conversion impact report.
A. After the conclusion of the public hearing, the commission shall adopt a resolution approving, conditionally approving or rejecting a proposed conversion impact report. The commission shall approve or conditionally approve a conversion impact report if it finds that the conversion impact report contains, or has been conditioned to contain, reasonable measures to mitigate the adverse impacts of the mobile home park conversion on affected mobile home owners and residents. In considering the reasonableness of any measure to be required hereunder, the commission shall take into account whether a resident is a homeowner or a tenant in the mobile home unit, whether the mobile home is the resident’s primary residence, and the nature (i.e., monthly or longer term lease) and duration of the tenancy in the park.
B. Subject to subsection C of this section, the commission may impose conditions in connection with its approval of a conversion impact report. Such conditions may include, but are not limited to, lump sum payments to affected mobile home owners and residents to mitigate the following expenses, as appropriate to each particular absentee owner, resident owner and resident tenant having a mobile home in the mobile home park, as specified below:
1. The expense of relocating the mobile home to a comparable mobile home park. Assistance with these expenses shall be payable only to a resident or absentee owner of a mobile home in the mobile home park. The amount of such payment shall be based upon consideration of moving, tear-down and set-up costs. “Moving costs” include the cost of moving the mobile home and the cost of moving associated relocatable mobile home improvements, including accessory structures such as awnings, porches and carports or garages. “Set-up costs” include the cost of connecting utilities at the replacement mobile home park and the cost of any upgrades required to comply with applicable laws or park rules to establish the home in the new location in substantially the same condition as prior to relocation.
2. The expense of forfeiting the mobile home. Assistance with these expenses shall be payable only to a resident owner of a mobile home in a mobile home park. The amount of such payment shall be based upon consideration of: (a) the on-site fair market value of the mobile home and associated mobile home improvements in its location within the existing mobile home park; (b) any outstanding mortgage obligation of the owner; (c) the cost of purchasing an equivalent mobile home in a comparable mobile home park together with the expense of assuming tenancy in the comparable park, as specified in subsection (B)(3) of this section; provided, that an owner shall not be entitled to payment for an amount based on more than one of the foregoing criteria. “Fair market value” shall be determined assuming the continuation of the mobile home park in a safe, sanitary and well-maintained condition.
3. The expense of assuming tenancy in a comparable mobile home park. Assistance with these expenses shall be available to resident owners and absentee owners, who are relocating their homes, and resident tenants. The amount of such payment shall be based upon consideration of: (a) moving costs; (b) first month’s rent, last month’s rent and security deposit at the replacement mobile home park; (c) for low and extremely low income residents, the differential between rental rates at the mobile home park being converted and the replacement mobile home park during the first year of relocation.
4. The expense of assuming tenancy in comparable housing. Assistance with these expenses shall be available to resident tenants. The amount of such payment shall be based upon consideration of: (a) moving costs; (b) first month’s rent, last month’s rent, and security deposit at the replacement housing; and (c) for lower, very low, and extremely low income residents, the differential between the rental rate at the mobile home park being converted and the replacement housing during the first year of relocation.
5. The expense of purchasing comparable housing. Assistance with these expenses shall be payable only to a resident owner of a mobile home in a mobile home park as an alternative to the assistance available pursuant to subsection (B)(2) of this section. The amount of such payment shall be based upon consideration of: (a) moving costs; (b) down payment for the replacement housing; and (c) for lower, very low and extremely low income residents, the differential between the space rental rate at the mobile home park being converted and the mortgage payment for the replacement housing during the first year of relocation.
C. The conditions imposed in connection with approval of a conversion impact report shall not exceed the reasonable costs of relocation. Conditions shall only be imposed in order to ensure that the applicant adequately mitigates adverse impacts of the mobile home park conversion on affected mobile home owners and residents.
In imposing conditions, the city shall interpret and apply this chapter in a manner consistent with applicable law and shall not require cumulative forms of relocation assistance from the above options that result in costs to the applicant in excess of the reasonable costs of relocation in light of the circumstances of each affected resident or owner. (Ord. 1533 § 1 (part), 2009)