Citrus Heights Municipal Code Art. VII Mobile Home Park Conversions

(a) The city's general plan identifies mobile homes as an important segment of the city's affordable housing inventory. The existing mobile home parks are predominately occupied by senior residents who live on fixed incomes. The mobile homes in the parks are predominately owner-occupied units which cannot be readily relocated due to the age of the units and the cost of moving and relocation. When a mobile home in an existing park is sold, it is sold in place; rarely is a mobile home in an existing park moved from its location once it has been placed in a park. There are virtually no vacant spaces in the mobile homes in the city, and the number of vacant spaces in the county is very small. Under the general plan and state law the city has an affirmative duty to protect and preserve affordable housing.

(b) The intent of this article is to ensure that any proposed conversion to any other use, closure, or cessation of use of an existing mobile home park is preceded by adequate notice, that the social and fiscal impacts of the proposed conversion, closure, or cessation of use 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 this article and Government Code §§ 65863.7 and 66427.4.

(Ord. No. 2005-08, § 1, 10-13-2005)

The following words, terms and phrases, when used in this article shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Cessation of use of land as a mobile home park. A decision by the owner(s) of a mobile home park to discontinue the use of the property as a mobile home park which was not the result of an adjudication of bankruptcy.

Closure of a mobile home park. To stop or cease leasing 20 percent or more of the occupiable spaces to qualified homeowners.

Comparable mobile home park. Any other mobile home park substantially equal in terms of park amenities, rent, and other relevant factors, such as proximity to public transportation, shopping, doctors, hospitals, and churches, the job market where a displaced resident is gainfully employed, and proximity to schools (if the existing mobile home park allows children and a resident has school-age children).

Conversion of a mobile home park. A use of the mobile home park for a purpose other than the rental, or the holding out for rent, of two or more mobile home sites to accommodate mobile homes used for human habitation. A conversion of a mobile home park may affect an entire park or any portion thereof. "Conversion of a mobile home park" includes, but is not limited to, a change of the park or any portion thereof to a condominium, stock cooperative, planned unit development, or any form of ownership wherein spaces within the park are to be sold; and any change which results in the elimination of more than two mobile home lots. However, "conversion of a mobile home park" does not include the purchase of the mobile home park by the owners of mobile homes in the mobile home park for purposes of converting the park to resident ownership, provided that at least two-thirds of the owners of mobile homes who are residents in the mobile home park sign a petition indicating their support of the conversion. The petition shall be in a form to be provided by the city.

Mobile home. As defined in Civil Code § 798.3.

Mobile home park. An area of land where two or more mobile home sites are rented, or held out for rent, to accommodate mobile homes used for human habitation.

(Ord. No. 2005-08, § 2, 10-13-2005)

Any applicant desiring to convert a mobile home park to any other use, to close a mobile home park, or to cease to use land as a mobile home park shall apply for a use permit for conversion, in addition to any other necessary discretionary land use permit applications such as a tentative or parcel subdivision map or a conditional use permit. The planning commission shall review the use permit application and shall forward a recommendation on the use permit to the city council for final action. The use permit for conversion shall require a public hearing as set forth by section 110-02 of the Zoning Code. At a minimum, each application for a use permit shall include the following and any additional information as may be required by this article and the community development director:

(1) A detailed narrative description of the proposed use to which the mobile home park is to be converted or the reason for the closure or cessation of use of the mobile home park.

(2) The proposed timetable for the conversion and development, closure, or cessation of use of the site.

(3) Evidence that any tenant's rent has not been increased within the six months prior to the filing of an application for a use permit for conversion, and a statement from the applicant that the rent at the mobile home park shall not be increased at a level that is higher than the increase in the consumer price index for two years from the date of the filing of the conversion application.

(4) A report on the impact of the conversion of the mobile home park on its residents pursuant to section 66-224 and a disposition/relocation plan addressing the availability of replacement housing for existing tenants of the mobile home park pursuant to section 66-225.

(5) The application for a use permit for conversion shall include evidence of compliance with the requirements of Civil Code § 798.56 and Government Code § 65863.8 regarding notification of the mobile home park residents concerning the proposed conversion.

(6) No use permit application for conversion shall be deemed complete and processing for consideration will not commence until the conversion impact report, relocation plan and the evidence in support of the notification of mobile home park residents have been reviewed and approved as to their completeness by the community development director.

(Ord. No. 2005-08, § 3, 10-13-2005)

Any person filing an application for a use permit for conversion shall file a conversion impact report on the impact of the change of use, closure, or cessation of use upon the residents of the mobile home 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:

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

a. The total number of mobile home spaces in the park and the number of spaces occupied;

b. The length of time each space has been occupied by the present resident(s) thereof;

c. The age, size, and type of mobile home occupying each space;

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

e. Name and mailing address of the primary resident(s) and owner if different than occupant of each mobile home within the mobile home park.

(2) A list of all comparable mobile home parks within the City of Citrus Heights and within 20 miles of the city. This list shall include the age of the mobile home park and the mobile homes therein, a schedule of rents for each park listed, a listing of the vacancies in the parks and the criteria of the management of each park for acceptance of new tenants and used mobile homes.

(3) 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 mobile home parks within the 20-mile relocation zone, the estimated costs of moving a mobile home and personal property and any direct or indirect costs associated with a relocation to another mobile home park.

(4) 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 mobile home park, coordination of moving the mobile home and personal property, and any other tasks necessary to facilitate the relocation to another comparable mobile home park.

(Ord. No. 2005-08, § 4, 10-13-2005)

A relocation plan for tenants of the mobile home park shall be submitted for review and approval as part of the application for a use permit for conversion. The relocation plan shall provide, at a minimum, for the following:

(1) The relocation plan shall provide for the applicant to pay all reasonable moving expenses to a comparable mobile home park within 20 miles 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 mobile home, accessories, and possessions, including the costs for disassembly, removal, transportation, and reinstallation of the mobile home and accessories at the new site, and replacement or reconstruction of the garage, 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; and payment of any security deposit required at the new site. When any tenant has given notice of their intent to move prior to city approval of the use permit, eligibility to receive moving expenses shall be forfeited.

(2) The relocation plan shall identify those mobile homes that cannot be relocated to a comparable mobile home park within 20 miles. The applicant shall be required to offer to purchase any mobile home that cannot be relocated in conformance with the ordinance. The offer to purchase the mobile home will be made at its in-place market value. Such value shall be determined after consideration of relevant factors, including the value of the mobile home in its current location including the blocks and any garage, skirting, siding, porches, decks, storage sheds, cabanas, and awnings, and assuming the continuation of the mobile home park in a safe, sanitary, and well maintained condition, and not considering the effect of the change of use on the value of the mobile home. If a dispute arises as to the in-place value of a mobile home, the applicant and the homeowner shall have appraisals prepared by separate state certified appraisers with experience in establishing the value of mobile homes. The in-place value in disputed cases shall be based upon the average of the appraisals submitted by the applicant and mobile home owner.

(3) In order to facilitate a proposed conversion, the residents and applicant(s) may agree to mutually satisfactory conditions. To be valid, however, such an agreement shall be in writing, shall include a provision stating that the resident is aware of the provisions of this article, shall include a copy of this article as an attachment, shall include a provision in at least ten- point type which clearly informs the resident that they have the right to seek the advice of an attorney of their choice prior to signing the agreement with regard to their rights under such agreement and shall be drafted in the form and content otherwise required by applicable state law.

(Ord. No. 2005-08, § 5, 10-13-2005)

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

(1) If a conversion in use, that the proposed use of the property is consistent with the general plan, any applicable specific plan or planned unit development plan or similar mechanism provided for in state law or city ordinances and this article.

(2) That the residents of the mobile home park have been adequately notified of the proposed conversion, including information pertaining to the anticipated timing of the proposed conversion.

(3) That the age, type, size, and style of mobile homes to be displaced as a result of the conversion will be able to be relocated into other comparable mobile home parks within a 20 mile radius of the city, or that the applicant has agreed to purchase any mobile home that cannot be relocated at its in-place value as provided for in this article.

(4) That any mobile home 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.

(5) That if the applicant files a tentative or parcel map for a subdivision to be created from the conversion of a rental mobile home park to resident ownership, the applicant, pursuant to Government Code § 66427.5, offers each existing tenant an option to either purchase his or her condominium or subdivided unit, which is to be created by the conversion of the park to resident ownership, or to continue residency as a tenant.

(Ord. No. 2005-08, § 6, 10-13-2005)

The city council shall impose any necessary and appropriate conditions of approval to satisfy and implement the intent, purpose, and content of this article. In addition, any other necessary and appropriate conditions of approval to protect the health, safety and welfare of the residents of the City of Citrus Heights may be imposed. The council shall not deny, but may approve or conditionally approve, a use permit for conversion involving the closure of the park or cessation of the use of the land as a mobile home park, with no intended new use of the land as a mobile home park and no intended new use other than the closure or cessation, provided the applicant has properly complied with the requirements of this article and there is no evidence that the applicant or prior owners have attempted to evict or otherwise cause the removal of residents for the purpose of avoiding or reducing payment of relocation expenses.

(Ord. No. 2005-08, § 7, 10-13-2005)

The city council shall establish the date on which the use permit for conversion will become effective. Such date shall not be less than 18 months 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 two-thirds of those persons residing in the subject mobile home 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 satisfactory to the community development director.

(Ord. No. 2005-08, § 8, 10-13-2005)

No building permit shall be issued and no development activities shall occur, including grading on any real property which is being converted from a mobile home park pursuant to this article 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 article.

(Ord. No. 2005-08, § 9, 10-13-2005)

An approved use permit for conversion, if not used for the purpose for which it was granted, shall lapse three years following the date on which the permit became effective. The planning commission may revoke a lapsed use permit following a public hearing. A use permit shall be deemed effective if, within three years, more than ten percent of eligible tenants or owners have been relocated. The applicant may request an extension setting forth justification for not having proceeded within the three-year period. An application for extension must be filed with the community development director no less than 30 days prior to the expiration of the conversion permit or any extension. The council shall hold a public hearing on the application and upon completion of the public hearing, shall approve, approve with conditions, or deny the application for extension.

(Ord. No. 2005-08, § 10, 10-13-2005)