Article I — General Provisions

The stated purpose and intent of the mobilehome park conversion ordinance is to ensure that any proposed conversion of an existing mobilehome park to any other use is preceded by adequate notice, that the social and fiscal impacts of the proposed conversion are adequately defined prior to consideration of a proposed conversion and that relocation and other assistance is provided park residents, consistent with the provisions of the ordinance codified in this chapter and Sections 65863.7 and 66427.4 of the California Government Code .

(Ord. 2001-05, 2001.)

For purposes of this chapter, the following terms shall have the meanings indicated:

"Commercial coach" means a structure transportable in one or more sections, designed and equipped for human occupancy for industrial, professional or commercial uses and shall include a trailer coach as defined in Section 635 of the Vehicle Code .

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

"Comparable mobilehome park" means any other mobilehome park substantially equivalent in terms of park conditions, amenities and other relevant factors.

"Conversion" 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. Such a conversion may affect an entire mobilehome park or any portion thereof. A conversion shall include, but is not 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, and 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 the park. "Conversion" shall not include the purchase of the park by its existing residents.

"Date of application for change of use" means the date of filing of an application for a rezoning, general plan amendment, use permit, subdivision, planned unit development plan, design permit, or any other discretionary land use application approval under Title 18, the Subdivision Code, and/or Title 19, the Zoning Code, of the city of American

Canyon Municipal Code, which application seeks approval of a change of use of or at a mobilehome park.

"Eligible mobilehome owner" means a mobilehome owner whose mobilehome was located in a mobilehome park on the date of application for a change of use.

"Home owner" means the registered owner or owners of a mobilehome, who has a tenancy in a mobilehome park under a rental or lease agreement.

"Mobilehome" means a structure designed for human habitation and for being transportable on a street or highway under permit pursuant to California Vehicle Code Section 35790 , and as defined in Section 18008 of the Health and Safety Code . "Mobilehome" does not include a recreational vehicle, as defined in Civil Code Section 799.24 , or a commercial coach, as defined herein and in Section 18001.8 of the Health and Safety Code .

"Mobilehome park" means an area of land where two or more mobilehome sites are rented, or held out for rent, to

accommodate mobilehomes used for habitation. For purposes of this chapter, "mobilehome park" shall not include a mobilehome subdivision, stock cooperative, or any park where there is any combination of common ownership of the entire park or individual mobilehome sites.

"Mobilehome space" means any area, tract of land, site, lot, pad, or portion of a mobilehome park designated or used for the occupancy of one mobilehome.

"Mobilehome tenant" means a person who occupies a mobilehome within a mobilehome park pursuant to a bona fide lease or rental agreement with the mobilehome owner and who, during his or her tenancy, was not the owner or member of the immediate household of the mobilehome owner.

"Resident" means a person lawfully residing in a mobilehome park, and includes a mobilehome owner, mobilehome tenant or member of the immediate household of the mobilehome owner or mobilehome tenant.

(Ord. 2001-05, 2001.)

Cross References Section 19.32.130

The following shall apply when any mobilehome park in the city has a vacancy rate of twenty percent or greater of the total number of spaces in existence in the mobilehome park:

(A) Whenever twenty percent or more of the total number of mobilehome sites or mobilehomes at a mobilehome park are vacant or otherwise uninhabited and such situation was not caused by physical disaster, including but not limited to fire, flood, storm, earthquake, landslide, or by another natural condition beyond the control of the owner or operator of the mobilehome park, the owner or operator of the park shall file with the community development director a written notice informing the city of the current vacancy rate at the park. For purposes of this chapter, a mobilehome site is "uninhabited" or "vacant" when it is either:

(1) Unoccupied by a mobilehome; or

(2) Occupied by a mobilehome in which no persons reside;

(3) A mobilehome shall not be considered vacant for purposes of this chapter if rent is being paid pursuant to a bona fide rental or lease agreement and the mobilehome is merely unoccupied.

(B) The written notice to the community development director from the owner or operator of the mobilehome park shall clearly state any known reasons for the vacancy rate to be in excess of twenty percent and whether or not the property owner intends in the immediate future to convert the mobilehome park to another use.

(C) If it is determined that the owner of the mobilehome park intends to apply for a conversion of the mobilehome park to another use, the community development director shall immediately inform the property owner of the requirements of this chapter.

(Ord. 2001-05, 2001.)

In addition to any other necessary discretionary land use permit applications such as a subdivision or a design permit, the conversion of any existing mobilehome park to any other use shall require the review of a use permit application by the planning commission, which shall forward a recommendation on the discretionary permits and use permit to the city council for final action. At a minimum, each application for a use permit to convert a mobilehome park to any other use shall include the following and any additional information as may be required by this chapter and the community development director:

(A) A detailed narrative description of the proposed use to which the mobilehome park is to be converted;

(B) The proposed timetable for implementation of the conversion and development of the site;

(C) Evidence that any tenant's rent had not been increased within the two months prior to the filing of an application for conversion of a mobilehome park, and a statement from the applicant that the rent at the mobilehome park shall not be

increased for two years from the date of filing of the conversion application or until the date of the commencement of relocation activities;

(D) A report on the impact of the conversion of the mobilehome park on its residents and a disposition/relocation plan addressing the availability of replacement housing for existing tenants of the mobilehome park consistent with Section 65863.7 of the California Government Code ;

(E) Upon filing an application for a use permit for conversion, the community development director shall inform the applicant of the requirements of Civil Code Section 798.56 and Government Code Section 65863.8 regarding notification of the mobilehome park residents concerning the proposed conversion. The community development director shall specify in writing to the applicant the information that must be submitted in order to adequately notify all existing tenants as required by the California Government Code , the California Civil Code , and this chapter.

(F) No use permit application for the conversion of a mobilehome park to another use shall be deemed complete and processing for consideration will not commence until the conversion impact report and relocation plan as required by this chapter have been reviewed by the community development director for substantial conformance with the requirements of this chapter.

(Ord. 2001-05, 2001.)

Any person filing an application for a use permit to convert a mobilehome park to another use shall file a conversion impact report on the impact of the change of use upon the residents of the mobilehome park. At a minimum the conversion impact report shall include the following, as well as any other information deemed necessary and appropriate by the community development director:

(A) A detailed description of the mobilehome spaces within the mobilehome park including, but not limited to:

(1) The total number of mobilehome spaces in the park and the number of spaces occupied,

(2) The length of time each space has been occupied by the present resident(s) thereof,

• (3) The age, size, and type of mobilehome occupying each space,

(4) The monthly rent currently charged for each space, including any utilities or other costs paid by the present resident(s) thereof,

(5) Name and mailing address of the primary resident(s) of each mobilehome within the mobilehome park on three sets of gummed labels for the mailing of notice of public hearings;

(B) A list of all comparable mobilehome parks within the city and Napa County. This list shall include the age of the mobilehome park and the mobilehomes therein, a schedule of rents for each park listed and the criteria of the management of each park for acceptance of new tenants and used mobilehomes. Information pertaining to the availability of medical and dental services, shopping facilities, and all nearby social and religious services and facilities shall also be included;

(C) A detailed analysis of the economic impact of the relocation on the tenants including comparisons of current rents paid and rents to be paid at comparable mobilehome parks within the city or Napa County, the estimated costs of moving a mobilehome and personal property, and any direct or indirect costs associated with a relocation to another mobilehome park;

(D) A list of the names, addresses and telephone numbers of one or more housing specialists, with an explanation of the services the specialists will perform at the applicant's expense for the residents to be displaced. These services shall include, but not be limited to, assistance in locating a suitable replacement mobilehome park; coordination of moving the mobilehome and personal property, and any other tasks necessary to facilitate the relocation to another comparable mobilehome park.

(Ord. 2001-05, 2001.)

A relocation plan for tenants of a mobilehome park shall be submitted to the planning commission and city council for approval as a part of the application for a use permit to convert a mobilehome park to another use. The relocation plan shall provide, at a minimum, for the following:

(A) The names, addresses, telephone numbers, and fee schedules of persons in the area who are qualified MAI appraisers of mobilehomes;

(B) The names, addresses, telephone numbers, and fee schedules of persons in the area qualified as mobilehome movers;

(C) The relocation plan shall provide specifically for relocation assistance to full-time, very-low, low, and moderateincome residents and senior citizens over the age of sixty-two residing in the park for a minimum period of twelve months following closure of the mobilehome park.

(D) The relocation plan shall specifically provide guarantees that all tenants sixty-two years of age or older and all tenants who are medically proven to be permanently disabled shall not have to pay an increase in rent over the amount currently paid for a period of two years following relocation;

(E) The relocation plan shall provide for the applicant to pay all reasonable moving expenses to a comparable mobilehome park within the city or Napa County to any tenant who relocates from the park after city approval of the use permit authorizing conversion of the park. The reasonable cost of relocation and moving expenses shall include the cost of relocating a displaced homeowner's mobilehome, accessories, and possessions, including the costs for disassembly, removal, transportation, and reinstallation of the mobilehome and accessories at the new site, and replacement or reconstruction of

the blocks, skirting, siding, porches, decks, awnings, storage sheds, cabanas, or earthquake bracing if necessitated by the relocation; indemnification for any damage to personal property of the resident caused by the relocation; reasonable living expenses of displaced park residents from the date of actual displacement to the date of occupancy at the new site; payment of any security deposit required at the new site; and the difference between the rent paid in the existing park and any higher rent at the new site for the first twelve months of the relocated tenancy. When any tenant has given notice of his intent to move prior to city approval of the use permit, eligibility to receive moving expenses shall be forfeited;

ate of occupancy at the new site; payment of any security deposit required at the new site; and the difference between the rent paid in the existing park and any higher rent at the new site for the first twelve months of the relocated tenancy. When any tenant has given notice of his intent to move prior to city approval of the use permit, eligibility to receive moving expenses shall be forfeited;

(F) If the city council determines that a particular mobilehome cannot be relocated to a comparable mobilehome park within the city or Napa County, and the mobilehome owner has elected to sell his or her mobilehome, the relocation plan shall Identify those mobilehomes, the reasons why the mobilehomes cannot be relocated as provided in subsection (E) of Section 19.32.060, then the city council may, as a part of the reasonable cost of relocation as provided in Government Code Section 65863.7(e) require the applicant to provide for purchasing the mobilehome of a displaced home owner at its in-place market value. Such value shall be determined after consideration of relevant factors, including the value of the mobilehome in its current location including the blocks and any skirting, siding, porches, decks, storage sheds, cabanas, and awnings, and assuming the continuation of the mobilehome park in a safe, sanitary, and well-maintained condition, and not considering the effect of the change of use on the value of the mobilehome. If a dispute arises as to the in-place value of a mobilehome, the applicant and the homeowner shall have appraisals prepared by separate qualified MAI appraisers with experience in establishing the value of mobilehomes. The city council shall determine the in-place value based upon the average of the appraisals submitted by the applicant and mobilehome owner.

(Ord. 2001-05, 2001.) Cross References Section 19.32.090

In approving a use permit for a mobilehome park conversion, the city council shall find that the proposed conversion meets the following requirements in addition to the other requirements of this chapter:

(A) The proposed use of the property is consistent with the general plan and any and all of its elements, any applicable specific plan or planned unit development plan or similar mechanism provided for in state law or city ordinance, and this chapter.

(B) The residents of the mobilehome park have, been adequately notified of the proposed conversion including information pertaining to the anticipated timing of the proposed conversion.

(C) There exists land zoned for new or replacement comparable mobilehome parks or adequate space is available in other comparable mobilehome parks within the city or Napa County for the residents who will be displaced.

(D) The conversion will not result in the displacement of very low, low, or moderate income, mobilehome residents or senior citizens over the age of sixty-two who cannot afford rents charged in other mobilehome parks within the city or Napa

County, unless otherwise approved by the city council.

(E) The age, type, size, and style of mobilehomes to be displaced as a result of the conversion will be able to be relocated into other comparable mobilehome parks within the city or Napa County, or that the applicant has agreed to purchase any mobilehome that cannot be relocated at its in-place value as provided for in this chapter.

(F) Any mobilehome residents displaced as a result of the conversion shall be compensated by the applicant for all reasonable costs incurred as a result of their relocation.

(G) The relocation plan mitigates the impacts of the displacement of individuals or households for a reasonable transition period and mitigates the impacts of any long-term displacement.

(Ord. 2001-05, 2001.)

The city council shall impose any necessary and appropriate conditions of approval to satisfy and implement the intent, purpose, and content of this chapter. In addition, any other necessary and appropriate conditions of approval to protect the health and safety of the residents of the city may be imposed.

(Ord. 2001-05, 2001.)

The city council shall establish the date on which the use permit for conversion will become effective. Such date shall not be less than two years from the decision of the city council, provided that conversion at an earlier date may be approved if the city council receives a written petition requesting an earlier date signed by a majority of those persons residing in the subject mobilehome park at the time of the city council public hearing to consider the conversion application. The effective date of the approval in such a case shall be the date set forth in the petition. Conversion at the earlier date may be approved only if the city council makes specific findings that the applicant has complied with all the provisions of an approved relocation plan and submitted evidence of such compliance to the community development director as provided for in Section 19.32.060.

(Ord. 2001-05, 2001.)

No building permit shall be issued for the development of or on any real property which is being converted from a mobilehome park pursuant to this chapter unless and until the applicant has filed with the community development director a verified statement made under penalty of perjury that all conditions of approval have been met or otherwise incorporated into the final project plans including the payment of all required relocation assistance required pursuant to this chapter. Such statement shall identify in itemized form each payee, the amount paid, the date of payment, and the type of relocation or other assistance for which each such payment was made.

(Ord. 2001-05, 2001.)

In addition to any remedies or penalties for noncompliance with any city ordinance as provided elsewhere in the municipal code, any park owner or applicant who violates any rights of any mobilehome owner or mobilehome tenant established under this chapter shall be liable to the person for actual damages caused by such violation, plus costs and attorney's fees. In addition, no park owner shall take any wilful action to threaten, retaliate against or harass any park resident with the intent to prevent such residents from exercising his or her rights under this chapter.

(Ord. 2001-05, 2001.)