BILL NUMBER: AB 2581 CHAPTERED 09/22/04 CHAPTER 680 FILED WITH SECRETARY OF STATE SEPTEMBER 22, 2004 APPROVED BY GOVERNOR SEPTEMBER 22, 2004 PASSED THE ASSEMBLY AUGUST 23, 2004 PASSED THE SENATE AUGUST 16, 2004 AMENDED IN SENATE JUNE 28, 2004 INTRODUCED BY Assembly Member Lieber FEBRUARY 20, 2004 An act to amend Section 65863.7 of the Government Code, relating to mobilehome parks. LEGISLATIVE COUNSEL'S DIGEST AB 2581, Lieber. Mobilehome parks: conversion. Existing law requires the person or entity that proposes a change in use for a mobilehome park to file a report, prior to the conversion of a mobilehome park to another use, the closure of the mobilehome park, or the cessation of use of the land as a mobilehome park, on the impact of the conversion, closure, or cessation of use upon the displaced residents. When the report is filed, the person or entity filing the report or park resident is entitled to a hearing before the legislative body on the sufficiency of the report. The legislative body, or its delegated advisory agency, may require steps to be taken to mitigate any adverse impact on the ability of displaced residents to find adequate housing in a mobilehome park. These provisions do not apply if the closure or cessation of use results from an adjudication of bankruptcy, but do apply when the change in use, closure, or cessation is the result of a specified decision by a local governmental entity or planning agency, in which case the local governmental agency is required to prepare the impact report and take steps to mitigate. This bill would apply the above described requirements when the closure, cessation, or change of use results from the decision by an enforcement agency to suspend the license to operate the mobilehome park. The bill would, in this case, require the mobilehome park owner to be responsible for the above described report and mitigation requirements. By increasing the duties of local officials with respect to their responsibilities to consider and act upon impact reports, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 65863.7 of the Government Code is amended to read: 65863.7. (a) Prior to the conversion of a mobilehome park to another use, except pursuant to the Subdivision Map Act (Division 2 (commencing with Section 66410) of Title 7), or prior to closure of a mobilehome park or cessation of use of the land as a mobilehome park, the person or entity proposing the change in use shall file a report on the impact of the conversion, closure, or cessation of use upon the displaced residents of the mobilehome park to be converted or closed. In determining the impact of the conversion, closure, or cessation of use on displaced mobilehome park residents, the report shall address the availability of adequate replacement housing in mobilehome parks and relocation costs. (b) The person proposing the change in use shall provide a copy of the report to a resident of each mobilehome in the mobilehome park at least 15 days prior to the hearing, if any, on the impact report by the advisory agency, or if there is no advisory agency, by the legislative body. (c) When the impact report is filed prior to the closure or cessation of use, the person or entity proposing the change shall provide a copy of the report to a resident of each mobilehome in the mobilehome park at the same time as the notice of the change is provided to the residents pursuant to paragraph (2) of subdivision (f) of Section 798.56 of the Civil Code. (d) When the impact report is filed prior to the closure or cessation of use, the person or entity filing the report or park resident may request, and shall have a right to, a hearing before the legislative body on the sufficiency of the report. (e) The legislative body, or its delegated advisory agency, shall review the report, prior to any change of use, and may require, as a condition of the change, the person or entity to take steps to mitigate any adverse impact of the conversion, closure, or cessation of use on the ability of displaced mobilehome park residents to find adequate housing in a mobilehome park. The steps required to be taken to mitigate shall not exceed the reasonable costs of relocation. (f) If the closure or cessation of use of a mobilehome park results from an adjudication of bankruptcy, the provisions of this section shall not be applicable. (g) The legislative body may establish reasonable fees pursuant to Section 66016 to cover any costs incurred by the local agency in implementing this section and Section 65863.8. Those fees shall be paid by the person or entity proposing the change in use. (h) This section is applicable to charter cities. (i) This section is applicable when the closure, cessation, or change of use is the result of a decision by a local governmental entity or planning agency not to renew a conditional use permit or zoning variance under which the mobilehome park has operated, or as a result of any other zoning or planning decision, action, or inaction. In this case, the local governmental agency is the person proposing the change in use for the purposes of preparing the impact report required by this section and is required to take steps to mitigate the adverse impact of the change as may be required in subdivision (e). (j) This section is applicable when the closure, cessation, or change of use is the result of a decision by an enforcement agency, as defined in Section 18207 of the Health and Safety Code, to suspend the permit to operate the mobilehome park. In this case, the mobilehome park owner is the person proposing the change in use for purposes of preparing the impact report required by this section and is required to take steps to mitigate the adverse impact of the change as may be required in subdivision (e). SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.