Chapter 9.82
MOBILEHOME PARK CONVERSIONS

Sections:

9.82.010  Purpose and intent.

9.82.015  Definitions.

9.82.020  Applicability.

9.82.025  Disclosure of notification requirements.

9.82.030  Relocation impact report required.

9.82.035  Notice and distribution of relocation impact report.

9.82.040  Notice to new residents.

9.82.045  Hearing on relocation impact report.

9.82.050  Findings.

9.82.055  Relocation assistance.

9.82.060  Bankruptcy exemption.

9.82.065  Administration fee.

9.82.010  Purpose and intent.

A.  Where a person proposes to convert an existing mobilehome park to another use or to close a mobilehome park or to cease using land as a mobilehome park, current provisions of state law, as set forth in Government Code Section 65863.7 and Civil Code Section 798.56, authorize the city to require the person proposing the change of use to file and distribute a report on the impact of such change and further authorize the city to require measures to be undertaken to mitigate the adverse effects of the change of use upon the tenants of the mobilehome park who would be displaced by such change.

B.  The city council finds and determines that unless mitigation measures are undertaken, the conversion, closure or cessation of use of mobilehome parks could have a substantial adverse effect upon park residents in terms of cost of relocation, scarcity of similar comparable housing within a reasonable proximity to the city, and the significantly higher costs of other types of housing in the immediate area if park residents cannot relocate to other mobilehome parks.

C.  It is the intent and purpose of the city council in adopting this chapter to establish reasonable rules and regulations in accordance with the authority granted by state law to mitigate the adverse effects of relocation upon mobilehome park residents who are confronted with a proposed change of use for their mobilehome park or portions of the park and so that the owners and occupants of mobilehomes and the owners of mobilehome parks understand their rights and responsibilities in such situations. (Ord. 05-2004 § 1, 2004).

9.82.015  Definitions.

"Applicant" means the person(s), firm(s), entity(ies) or corporation(s) applying for any application for the purpose of converting, changing to another use, closing, or ceasing to use land as a mobilehome park. If the owner of the controlling interest in a mobilehome park is not the applicant, then the applicant must provide evidence of the controlling owner’s consent to the filing of the application.

"Cessation of use of land as a mobilehome park" means a decision by the owner(s) of a mobilehome park to discontinue the use of property as a mobilehome park which is not an adjudication of bankruptcy.

"Closure of a mobilehome park" means one of the following:

A.  A closure of a mobilehome park occurs when less than 75 percent of the occupiable spaces are leased by qualified homeowners as defined in the Mobile-Home Residency Law (Civil Code Section 798 et seq.). However, upon application of a mobilehome park owner, the city council may, in its absolute discretion and upon a finding of good cause, determine that a closure of a mobilehome park is not occurring, notwithstanding that less than 75 percent of the occupiable spaces are leased. Any such application by the mobilehome park owner shall be accompanied by an estimate of a qualified appraiser as to the fair market value of the mobilehome(s) and all associated fixed property for which the foregoing exemption is requested. The appraiser’s estimate shall conform to the requirements of SMC 9.82.030(C)(12).

B.  Notwithstanding the provisions set forth in subsection A of this definition, a closure of a mobilehome park occurs when the city council, in its absolute discretion and upon a finding of good cause, determines that the mobilehome park owner has acted and/or has failed to act in a manner which would cause a reasonable person to conclude that the mobilehome park owner intends to eliminate or reduce mobilehome spaces available for rent to the general public. Such acts or omissions include, but are not limited to, the withholding of available mobilehome spaces under the control of the mobilehome park owner, and statements by authorized agents and representatives of the mobilehome park owner to prospective buyers of the mobilehome park that the mobilehome park is being closed by the mobilehome park owner.

"Comparable housing" means housing which is comparable in floor area and number of bedrooms, bathrooms, and other rooms to the mobilehome to which comparison is being made, which housing meets the minimum standards of the Uniform Housing Code.

"Comparable mobilehome park" means any other mobilehome park within Sonoma County, substantially equal in terms of park amenities, rent and proximity to services.

"Conversion of a mobilehome park" means changing the use of a mobilehome park for a purpose other than the rental, or the holding out for rent, of two or more mobilehome sites to accommodate mobilehomes used for human habitation. A conversion shall include, but not be limited to, a change of any existing mobilehome park or any portion thereof to condominium, stock cooperative, planned unit development, or any form of ownership wherein spaces within the mobilehome park are to be sold, or the cessation of use of all or a portion of the park as a mobilehome park, whether immediately or on a gradual basis, or the closure of a park.

"Conversion of a mobilehome park" shall not include a conversion of a mobilehome park to resident ownership.

"Conversion of a mobilehome park to resident ownership" means a sale, transfer or assignment of a mobilehome park either directly or indirectly in whole or in part to mobilehome park’s homeowners and prospective homeowners for the benefit of the mobilehome park’s homeowners and prospective homeowners. A conversion of a mobilehome park to resident ownership may include but not be limited to, conversion of the community to a subdivision, condominiums, planned development, community apartments, stock cooperative, other form of corporate ownership, or by a nonprofit organization qualified pursuant to Internal Revenue Code Section 501(c)(3) for the homeowners’ or prospective homeowners’ benefit. Notwithstanding any provision in this chapter to the contrary, in the event the conversion of a mobilehome park to resident ownership is by a nonprofit corporation qualified under Internal Revenue Code Section 501(c)(3), homeowners may or may not have the right to participate through direct ownership of the mobilehome park and the nonprofit shall not be required to make an offer of participation to the homeowners.

"Homeowner" means the owner(s) of a mobilehome.

"Impact report" means a report required by California Government Code Sections 65863.7 and 66427.4, as applicable, and containing the information set forth in SMC 9.82.030(C). "Impact report" does not include the impact required by Government Code Section 66427.5(b) for conversion to resident ownership.

"Long-term lot" means any mobilehome lot that has been occupied by the same mobilehome for at least nine of the 12 months prior to the adoption of this chapter.

"Mobilehome" means a vehicle designed or used for human habitation and shall include camping trailers, motorhomes, slide-in campers and trailers, when used as the occupant’s principal place of residence, and mobilehomes as defined in Health and Safety Code Section 18211.

"Mobilehome lot" means any area or tract of land, or portion thereof, occupied or held out for occupancy by one mobilehome that is not owned by the park owner.

"Mobilehome park" means any area or tract of land where 10 or more mobilehome lots are rented or leased or held out for rent or lease to accommodate mobilehomes used for human habitation.

"Resident" means a homeowner or tenant.

"Tenant" means a person who occupies a mobilehome within a mobilehome park pursuant to a bona fide lease or rental agreement and who, during his or her tenancy, is not the owner or member of the immediate household of the owner of the mobilehome. (Ord. 05-2004 § 1, 2004).

9.82.020  Applicability.

For applications involving the redevelopment, closure, or conversion of a mobilehome park that include a subdivision map, the provisions of Chapter 9.84 SMC shall apply. The provisions of this chapter shall not apply to such applications, except as specifically referenced in Chapter 9.84 SMC. (Ord. 05-2004 § 1, 2004).

9.82.025  Disclosure of notification requirements.

When an application has been made to the city for the redevelopment, closure or conversion of a mobilehome park, the city shall inform the applicant, in writing, of local regulations regarding notifications to residents and mobilehome owners within the affected park, as well as the notification requirements set forth in Section 798.56 of the Civil Code. This disclosure shall be made at least 30 days prior to any hearing on the application or the relocation impact report. No hearing on the application shall be held or any other action on the application taken until the applicant has satisfactorily verified that required notices have been provided. (Ord. 05-2004 § 1, 2004).

9.82.030  Relocation impact report required.

A.  Any person who files an application with the city for a general plan amendment or for a rezoning of land use type or density, or for approval of a conditional use permit or any other application for the purpose of converting a mobilehome park to another use, close a mobilehome park or cease to use land as a mobilehome park, shall concurrently file with the city a mobilehome relocation impact report that complies with this section. No such applications shall be considered or deemed complete or processed for consideration or approved unless and until such relocation impact report is filed and approved in accordance with this chapter.

B.  At any time at which the occupancy of a mobilehome park is such that it meets the definition of "closure" as set forth in this chapter, the owner shall immediately provide written notification to the city of the event and shall either file a request for the preparation of a relocation impact report or shall petition the city council to make a finding that a closure is not occurring as set forth in SMC 9.82.015(A).

C.  The city shall select a consultant to perform the relocation impact report within 90 days of a written request from the applicant. The applicant shall be noticed in writing of the estimated cost of the relocation impact report and shall deposit that sum with the city prior to commencement of any work on the relocation impact report. The city will then contract with a consultant for the preparation of the relocation impact report. Once an application is filed, the residents of the mobilehome park shall be notified by the city that an application has been filed and that the preparation of a relocation impact report will be required. The relocation impact report shall contain, but need not be limited to, the following information:

1.  A legal description of the property.

2.  A map and a detailed description of the condition of the mobilehome park, including the nature and location of structures, landscaping, easements, utilities and other on-site features and amenities.

3.  The names and addresses of all mobilehome owners within the park (including absentee mobilehome owners), as shown on the rental agreement for the mobilehome park spaces, and the names and addresses of all mobilehome tenants within the park as of the date of the application.

4.  The characteristics of each mobilehome within the park, listed by space number and address, including the date of manufacture, type, width, living area, and number of bedrooms.

5.  The number of spaces within the park, length of occupancy by the current occupant of each space and the current lease rate for each space.

6.  The total number of mobilehome residents, listed by space identifying owner or renter occupancy, principal or second home occupancy, and the number of residents who are physically disabled, including the chronically ill.

7.  A description of the proposed new use and all discretionary approvals necessary therefor, if any.

8.  The proposed timetable for conversion, closure or cessation of use of the land as a mobilehome park and for obtaining other discretionary approvals for the proposed use, if any.

9.  The location of all comparable mobilehome parks within Sonoma County, including the park name, number of lots, number of vacancies, lease rates and terms, policies and restrictions on the type of mobilehomes and residents accepted, amenities offered and proximity to services (bus stops, grocery stores, hospitals, etc.).

10.  A determination based on the information provided in subsections (C)(4), (5) and (9) of this section of the total number of mobilehome units that are eligible to be relocated to a comparable mobilehome park.

11.  The estimated cost of relocating the mobilehomes identified in subsection (C)(10) of this section to available lots in mobilehome parks within the study area. The cost of relocating shall include the costs of dismantling, packing, moving, reassembling, rebuilding and unpacking, as necessary, the mobilehome, all personal property, skirting, tie-downs and all other associated structures and property.

12.  An estimate of the fair market value of each mobilehome and all associated fixed property that cannot be relocated to a comparable mobilehome park. In determining fair market value, the consultant shall consider the mobilehomes in their current locations assuming the continuation of the mobilehome park in a safe, sanitary and well maintained condition with competitive lease rates. The consultant shall specify the basis for a conclusion that any mobilehome cannot be relocated to a mobilehome park and the basis for determining the value of the mobilehome.

13.  The availability and cost of rental housing of comparable size and quality in the city of Sonoma for each mobilehome park tenant.

14.  A relocation plan that will include a timetable for physically relocating the mobilehomes, or payment of relocation assistance.

15.  Proposed measures to mitigate the adverse impacts of the conversion upon each park resident based on SMC 9.82.055.

16.  A list of persons, firms and organizations with proven expertise in the fields of housing and relocation of persons displaced from housing. This list shall include the names, addresses, telephone numbers, and fee schedules of persons who are qualified as mobilehome movers and appraisers of mobilehomes. The information shall include an explanation of the services that the housing specialists can provide.

17.  Any information which the city manager determines is necessary to address the specific issues raised by the application or the impact study and any information that may be necessary to implement provisions of this chapter. (Ord. 05-2004 § 1, 2004).

9.82.035  Notice and distribution of relocation impact report.

Not less than 15 days prior to a scheduled hearing before the city council, the park owner shall transmit to the owner or occupant of each mobilehome occupying a site within the mobilehome park and to all other persons described in SMC 9.82.030(C)(3), a copy of the relocation impact report, a copy of this chapter, and notices of the dates, times and places of the public hearings or any informational meetings. The copies provided shall be free of charge. Proof of service of distribution of the impact report to each resident must be filed by the applicant with the city manager seven days prior to the hearing and shall be signed under penalty of perjury. (Ord. 05-2004 § 1, 2004).

9.82.040  Notice to new residents.

When an application for a change of use and/or closure of a mobilehome park has been filed with the city, the park owner shall advise each prospective new resident who proposes to occupy a mobilehome within such park after the filing of such application, in writing, prior to the execution of a rental agreement or commencement of such occupancy whichever occurs first, that such application has been filed. (Ord. 05-2004 § 1, 2004).

9.82.045  Hearing on relocation impact report.

A.  When an application has been filed for a general plan amendment, rezoning, or conditional use permit for the proposed change of use and/or closure of a mobilehome park, the city manager shall schedule a public hearing on the relocation impact report before the city council within 30 days of receiving the relocation impact report. The city council, in considering the relocation impact report, shall make written findings based on evidence regarding the factors outlined in SMC 9.82.050.

B.  At the public hearing, all interested parties will be allowed to present evidence to the city council on any aspect of the application. The evidence may include, but is not limited to, justification for the payment of relocation costs, including the fair market value of any mobilehome, evidence why a mobilehome cannot be relocated to a comparable mobilehome park, and similar information.

C.  If the city council is unable to make findings consistent with SMC 9.82.050 and is unable to impose reasonable measures as provided in SMC 9.82.055 to mitigate the adverse impact(s) of relocation, the city council shall deny the application for the proposed conversion, closure or cessation of use. No other permit or approval shall be granted in furtherance of the proposed conversion, and no change of use, including cessation or closure, shall occur unless a relocation impact report has been approved. (Ord. 05-2004 § 1, 2004).

9.82.050  Findings.

The city council, in considering the relocation impact report, shall accept and hear evidence, shall consider such evidence, and shall make written findings based on such evidence regarding each of the following factors and any other factors as it deems appropriate:

A.  That the relocation impact report provides the information required by state law and this chapter and that it provides the city council with adequate information on the impacts of the park conversion in terms of disruption to affected residents and the methods available for addressing relocation needs.

B.  That there will exist, at the time of conversion, closure or cessation of use available mobilehome lots within Sonoma County to accommodate the mobilehomes to be displaced.

C.  That adequate options are available for residents who would be disrupted by the conversion.

D.  That the relocation plan provides for reasonable costs of relocation based on the findings of the relocation impact report.

E.  If the proposed conversion is to another residential use, whether the residents of the mobilehome park will have an opportunity to purchase, if for sale, or rent the new units, and whether the construction schedule will result in unreasonably long-term displacements.

F.  That the proposed conversion will not be detrimental to the public health, safety and general welfare.

G.  That all reports and notices required by law have been properly prepared and properly served. (Ord. 05-2004 § 1, 2004).

9.82.055  Relocation assistance.

In approving a relocation impact report the city council may attach reasonable conditions in order to mitigate the impacts associated with the conversion, closure or cessation of use. The specific conditions of approval of a particular application shall be determined on an application-by-application basis with regard to the acts and circumstances of the application, but shall not exceed the reasonable cost of relocation, as documented in the relocation impact report. The city council shall require the applicant to enter into a written agreement with the city to ensure compliance with and fulfillment of the conditions of approval, which may include but are not limited to the following matters:

A.  Payment of relocation assistance to each resident who resided in the mobilehome park as of and after the date the application is filed or the date a closure, conversion or cessation of use is deemed by the city council to have commenced.

B.  Payment of the cost of physically moving the mobilehome to a new site, including teardown and setup of movable improvements such as patios, carports and porches; packing, moving and unpacking all personal property; and in-transit costs for meals, lodging and gas.

C.  Payment of a lump sum to compensate for payment of the first and last month rent and any security deposit at the new mobilehome park.

D.  Payment of a lump sum to compensate for any differential between rental rates at the closing mobilehome park and the new mobilehome park during the first year of the new tenancy.

E.  For tenants the costs may include all reasonable expenses incurred in moving to a new location, up to a maximum distance of 50 miles.

F.  For homeowners who are unable to reasonably relocate their mobilehome, payment of fair market value for their mobilehome, based on information contained in the approved relocation impact report.

G.  Setting aside a certain number of affordable units for the residents of the park, if the park is to be converted to another residential use; or providing a certain number of affordable units on-site or off-site, if the park is to be converted to a use other than residential.

H.  In order to facilitate a proposed conversion, closure, or cessation of use of a mobilehome park the residents and applicant may agree to mutually satisfactory conditions. To be valid, such an agreement shall be in writing, shall include a provision stating that the resident is aware of the provisions of this chapter, shall include a copy of this chapter as an attachment, shall include a provision in at least ten-point type which clearly informs the resident of the right to seek advice of an attorney prior to signing the agreement with regard to the resident’s rights under such agreement, and shall be drafted in the form and content otherwise required by applicable state law. (Ord. 05-2004 § 1, 2004).

9.82.060  Bankruptcy exemption.

The provisions of this chapter shall not apply if it is determined that the closure of a mobilehome park or cessation of use of the land as a mobilehome park results from an adjudication of bankruptcy. The applicant shall have the burden to produce substantial evidence that a court of competent jurisdiction has determined in connection with a proceeding in bankruptcy that the closure or cessation of use of the affected park as a mobilehome park is necessary. The documentation shall include the title, case number and court in which the bankruptcy proceedings were held and certified copies of all pertinent judgments, orders and decrees of the court. (Ord. 05-2004 § 1, 2004).

9.82.065  Administration fee.

The city council may establish by resolution reasonable fees to cover any costs incurred by the city in implementing this chapter. Such fees shall be paid by the park owner or applicant subject to the provisions of this chapter, in accordance with the limitations of Section 65863.7(g) of the Government Code. (Ord. 05-2004 § 1, 2004).