Concord Municipal Code Art. I Park Conversion, Discontinuance, or Closure

(a) There are 11 mobile home parks in the city, with approximately 1,800 spaces for permanent residential use. The existing park spaces are predominantly occupied by retired elderly tenants who live on fixed incomes, in many cases solely upon social security. The mobile homes in the parks are predominantly 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 home parks in the city, and the number of vacant spaces in the county is very small. Thus, due to the above circumstances, spaces in the existing mobile home parks in the city represent an important component of the housing stock of the city, especially for senior citizens and persons of low/moderate incomes.

(b) The City Council has been advised that, within the last few years, proposals for the conversion of one or more of the existing mobile home parks have been considered. The conversion of existing parks to other uses would have substantial adverse economic effects upon the occupants in terms of cost of relocation, scarcity of similar housing within a reasonable proximity to the city, and the significantly higher cost of other types of housing in the immediate area if such occupants cannot relocate to other mobile home parks.

(c) It is the policy of state law, as enunciated in Government Code §§ 65863.7 and 66427.4, that, prior to the conversion of a mobile home park to other uses, or prior to the closure of a park or the cessation of use of the land as a mobile home park, or at the time of filing of a subdivision map for a subdivision resulting from any such conversion, the proponent of the proposed change of use must file a report on the impact of such change with the public agency having jurisdiction over the mobile home park.

(d) It is the purpose of this division to provide for uniform procedures for considering requests for a conversion, closure, or cessation of use of a mobile home park and identify potential relocation benefits in order that the owners and tenants of mobile homes and the owners of mobile home parks understand their rights and responsibilities.

(Code 1965, § 4950; Code 2002, § 58-51. Ord. No. 88-13)

Applicant. The person(s), firm(s), entity(ies), or corporation(s) applying for a mobile home park conversion permit. If the owner of the controlling interest in a mobile home park is not the applicant, then the applicant must provide evidence of the controlling owner’s consent to the filing of the application.

Approving body. The Planning Commission, unless the decision of the Planning Commission is appealed to the City Council, who shall then be deemed to be the “approving body.”

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 less than 75 percent of the occupiable spaces to qualified homeowners.

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

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. Any change which results in the elimination of any mobile home lot, including the conversion of any longterm lots to shortterm lots. A longterm lot is converted to a shortterm lot if, subsequent to the adoption of this division, any habitable structure not meeting the definition of a “mobile home” is moved onto the lot. However, the following shall not constitute a conversion of a mobile home park:

(1) During any one-year period subsequent to the adoption of this division, no more than one vacant lot may be converted to other uses, provided all necessary governmental approvals, including an amendment to any use permit or zoning, are obtained from the city;

(2) The voluntary sale of existing mobile homes in a park to the park owner and the subsequent rental of the mobile home by the park owner, provided the sale to the park owner is not the result of the park owner’s refusal to approve the sale of the mobile home to a third party, except as provided by the Mobile Home Residency Law, Civil Code § 798.74;

(3) A change in ownership to a limited equity cooperative, provided all homeowners residing in the mobile home park are offered lifetime leases.

Department. The Planning Division of the Community Development and Public Works Department.

Director. The Deputy City Manager/Community Development and Public Works or his designated representative.

Impact study. A study required by Government Code §§ 65863.7 and 66427.4 and containing the information set forth in section 15.105.040(b).

Homeowner. The owner(s) of a mobile home.

Longterm lot. Any mobile home lot which has been occupied by the same mobile home for at least nine of the 12 months prior to the adoption of this division.

Mobile home. As defined in Health and Safety Code § 18211, or any amendment which may be made to that section from time to time.

Mobile home lot. Any area or tract of land, or portion thereof, occupied or held out for occupancy by one mobile home.

Mobile home park. As defined in Health and Safety Code § 18214, or any amendment which may be made to that section from time to time.

Resident. A homeowner or tenant.

Tenant. A person who occupies a mobile home within a mobile home park pursuant to a bona fide lease or rental agreement and who, during his tenancy, was not the owner or member of the immediate household of the owner of the mobile home.

(Code 1965, § 4951; Code 2002, § 58-52. Ord. No. 88-13)

Cross references: Definitions generally, § 1.05.100.

(a) Any applicant desiring to convert a mobile home park to another use, close a mobile home park, or cease to use land as a mobile home park shall apply for a conversion permit by submitting a completed application to the Department. The application shall be accompanied by the following:

(1) An application fee in the amount specified in the Resolution Establishing Fees and Charges for Various Municipal Services;

(2) A list of the names and addresses of all residents occupying a mobile home space within the park as of the date of submitting the application;

(3) A supply of envelopes, pre-addressed labels for each park resident, and postage in an amount deemed sufficient by the Director to permit notification to the residents as required by this division. The applicant shall promptly supply additional envelopes, pre-addressed labels, and postage upon request of the Department;

(4) A statement whether any other discretionary approvals are required, including but not limited to General Plan amendment, rezoning, use permit, or tentative or parcel map;

(5) The proposed timetable for conversion, closure, or cessation of use of the land as a mobile home park and obtaining other discretionary approvals;

(6) An impact study report prepared in accordance with section 15.105.040(b);

(7) An environmental checklist from which an initial environmental assessment can be prepared;

(8) Any other information which may be required by the Department to ensure compliance with this division, the provisions of this Code, and requirements of state law.

(b) Within 30 days after receipt of an application for a conversion permit, the Department shall determine if the application is complete. If the application is not complete, the Director shall notify the applicant, in writing, of the deficiency or deficiencies. The applicant shall correct any deficiencies within 60 days of mailing of the notice by the Director, unless extended by agreement; otherwise the application shall be deemed to have been abandoned. Within ten days after receipt of an application deemed by the Department to be complete, the homeowners of the affected mobile home park shall be notified by the Department of the receipt of the application, what the applicant is requesting, and a proposed time schedule for consideration of the application.

(c) An application shall not be deemed complete if other discretionary approvals are required prior to the consideration of the conversion permit. A subdivision map may be required if the Director decides that the property is capable of being subdivided based on the General Plan designation for, and zoning on, the property.

(Code 1965, § 4952; Code 2002, § 58-53. Ord. No. 88-13)

(a) The Department shall select a consultant to perform an impact study within 30 days of the receipt of a written request from the applicant. The applicant shall be notified, in writing, of the estimated cost of the study and shall deposit that sum with the Department prior to the commencement of any work on the study. The city will then contract with a consultant for the preparation of the impact study. If at any time during the contract period additional monies are needed to complete the impact study, the applicant will be advised, in writing, of the amount that is required. Before any additional work is performed on the study, the applicant shall provide the additional sum to the Department. Any excess funds remaining upon completion of the impact study shall be returned to the applicant.

(b) Each impact study shall be tailored to address the specific problems and needs of each application and mobile home park. However, each study shall contain the following information:

(1) The location of all comparable mobile home parks within 20 miles of the city limits, including the park name, number of comparable lots, number of vacancies, lease rates and terms, policies and restrictions on the type of mobile homes and residents accepted, amenities offered, and proximity to services (bus stops, grocery stores, etc.). If the Department determines that the 20-mile study area does not identify a number of comparable parks with available spaces equal to, or greater than, the mobile home park identified in the application for a conversion permit, the study area shall be expanded until said number of available lots in comparable mobile home parks are identified, but in no case shall the study extend beyond 50 miles of the city limits;

(2) The number of residents in the mobile home park, together with the following information: names and addresses; current lease or rental rates and terms; length of occupancy; and age, condition, and the size of the affected mobile homes. Information on household income, ages, and physical disabilities, if any, of residents shall also be included whenever possible;

(3) A determination based on the information provided in subsections (1) and (2) above, on the number of homeowners of the affected park who are able to relocate their mobile homes to a comparable mobile home park;

(4) The average vacancy rate, mobile home lot lease rates, and tenant rental rates in the affected mobile home park for each of the three years prior to the filing of the application for a conversion permit;

(5) The number of evictions, and the reason(s) for each eviction, in the affected mobile home park during the three years prior to the filing of the application for a conversion permit;

(6) The estimated reasonable cost of relocating the mobile homes identified in subsection (3) above to available lots in comparable mobile home parks within the impact study area. The cost of relocating shall include the costs of dismantling, packing, moving, reassembling, rebuilding, and unpacking, as necessary, the mobile home, all personal property, skirting, tiedowns, and other foundation and stabilizing materials, and all other associated structures and property;

(7) Determine the fair market value of each mobile home, and all associated fixed property, which cannot be relocated to a comparable mobile home park. In determining fair market value, the consultant shall consider the mobile homes in their current location, assuming the continuation of the mobile home park in a safe, sanitary, and well-maintained condition and competitive lease rates. The consultant shall specify why the mobile home cannot be relocated to a comparable mobile home park and the basis for determining the value of the mobile home;

(8) The availability and cost of renting housing of comparable size and quality in the city for each mobile home park tenant;

(9) A relocation plan which will include a timetable for implementing the physical relocation of mobile homes, implementation of relocation assistance, and conversion of the park to one or more uses, or cessation or closure of use of the land as a mobile home park;

(10) An identification of relocation assistance for each resident based on section 15.105.080 [15.105.070];

(11) A list of persons, firms, and organizations with proven expertise in the fields of housing and relocation of persons displaced from housing. Those listed shall be qualified in assisting residents and tenants in locating replacement housing, rendering financial advice on qualifying for various types of housing, explaining the range of housing alternatives available, gathering and presenting to persons needing housing relocation assistance adequate information as to available housing, and/or being able to transport persons unable to drive to housing alternatives. These lists shall include the names, addresses, telephone numbers, and fee schedules of persons who are qualified appraisers of mobile homes. The information shall include an explanation of the services which the housing specialists can provide;

(12) Any other information which the Department determines is needed to address the specific issues raised by the application, the impact study, and in order to implement this division.

(c) Upon completion of the impact study, the Director shall determine if the conversion permit application is complete in accordance with section 15.105.030 and cause notification of the date a public hearing on the conversion permit will be held by the approving body to be published in the local newspaper. The Director shall also cause notice of the hearing to be sent to each resident of each mobile home in the affected park.

(d) The applicant shall provide free copies of the impact study to each resident of each mobile home in the affected park 15 days prior to the approving body’s hearing on the conversion permit. A certified list of the names and addresses of the residents who received the impact study must be filed with the Director two days prior to the hearing and signed under penalty of perjury.

(e) Not later than ten days prior to the scheduled public hearing before the approving body on the impact report, the applicant shall conduct not less than one informational meeting for the residents of the mobile home park regarding the status of the application for a conversion permit, the timing of proposed relocation of residents, available relocation benefits, and the contents of the impact report. The meeting shall be conducted on the premises of the affected mobile home park. The applicant may conduct a series of meetings of groups of residents if a sufficient number are scheduled to accommodate all of the residents.

(f) No less than five days prior to the public hearing on the impact report, the applicant shall file, with the Director, a statement made under penalty of perjury that it has complied with the requirements of subsection (e) above.

(Code 1965, § 4953; Code 2002, § 58-54. Ord. No. 88-13)

(a) Within 30 days following the receipt of a completed application for a conversion permit, including the notices and verifications of notice required by section 15.105.040, the application shall be set for public hearing before the approving body. The public hearing shall be opened, conducted, and closed within that 30-day period. However, an extension or extensions cumulatively totaling no more than 60 additional days may be granted if mutually agreed to by the approving body and the applicant.

(b) At the public hearing, or any continuation of it, all interested parties will be allowed to present evidence to the approving body on any aspect of the application. The evidence may include, but not be limited to, justification for the payment of relocation costs, evidence why a mobile home cannot be relocated to a comparable park, and similar information.

(c) In addition to the information/testimony received at the public hearing, the approving body shall consider the information set forth in the application.

(d) The approving body shall take final action on the application within 30 days after the close of the public hearing.

(e) The approving body may approve, conditionally approve, or deny a conversion permit involving a proposed change of use (other than simple closure of the park or cessation of the use of the land as a mobile home park) pursuant to its inherent, implied, and express local land use authority under both state and local law. The approving body shall not deny, but may approve or conditionally approve, a conversion permit involving the simple 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, with no intended new use other than the closure or cessation, provided the applicant has properly complied with the requirements of this division and there is no evidence that the applicant or owner(s) have attempted to evict or otherwise cause the removal of residents for the purpose of avoiding or reducing payment of relocation assistance.

(f) The determination of the approving body shall be appealable to the City Council in accordance with the procedures and time periods set forth in section 2.05.040 of this Code.

(Code 1965, § 4954; Code 2002, § 58-55. Ord. No. 88-13)

The approving body, in considering an application for a conversion permit, 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:

(1) Whether the information submitted with the application indicates that the proposed conversion, closure, or cessation of use will have an adverse impact upon the residents of the mobile home park;

(2) Whether there will exist, at the time of the conversion, closure, or cessation of use, sufficient, available mobile home lots within the city and/or within the area surveyed in the impact study to accommodate the mobile homes to be displaced;

(3) Whether the age, type, condition, and style of mobile homes within the park proposed for conversion, closure, or cessation of use are such that the mobile homes are able to be moved and accepted into other parks within the city or within the area surveyed in the impact study;

(4) Whether the homeowner cannot relocate to a comparable mobile home park within the impact study area and justification for that conclusion;

(5) Determination of reasonable costs of relocation based on section 15.105.080 [15.105.070];

(6) If the proposed conversion is to another residential use, whether the residents of the mobile home park will have an opportunity to purchase, if for sale, or rent the new units, and whether the construction schedule will result in unreasonably longterm displacements;

(7) Whether the proposed conversion is consistent with the city’s General Plan, any applicable specific plan and/or zoning ordinances;

(8) Whether the proposed conversion will be detrimental to the public health, safety, and general welfare;

(9) Whether all reports and notices required by law have been properly prepared and properly served.

(Code 1965, § 4955; Code 2002, § 58-56. Ord. No. 88-13)

In approving a conversion permit, the city may attach reasonable conditions in order to mitigate the impacts associated with the conversion, closure, or cessation of use. The approving body shall require the applicant to enter into an agreement with the city to ensure compliance with, and the fulfillment of, the conditions of approval. Such conditions may include, without limitation, the following:

(1) An effective date of termination of tenancy of not less than six months from the date of the approval of the conversion permit (as required by Civil Code § 798.56(f)) so as to provide sufficient time for the relocation of the mobile homes to other parks;

(2) Payment of relocation assistance to each resident who resided in the park at the time of, or subsequent to, the filing of the conversion permit application;

(3) Time for payment of relocation assistance, including payment to residents who relocate within 30 days of approval of the conversion permit;

(4) Full payment to each park resident of the resident’s reasonable costs of relocation, which may include:

a. For homeowners who are unable to relocate, a determination of a fair price for their mobile homes based on information contained in the impact study and received at the public hearing;

b. For homeowners who relocate within the study area, the actual costs of dismantling, moving, reassembling, and rebuilding, as necessary, the mobile home, skirting, tiedowns, and other foundation and stabilizing materials, and all other associated structures and property; packing, moving, and unpacking all personal property; and in-transit costs for meals, lodging, and gas;

c. For homeowners who relocate their mobile home to a mobile home park outside of the impact study area, or to a location other than a mobile home park, assistance may consist of the estimated cost they would have incurred had they relocated to the closest mobile home park which would accept their mobile home, as determined by the impact study;

d. For tenants, the costs may include all reasonable expenses incurred in moving to a new location, up to a maximum distance of 20 miles.

(5) In order to facilitate a proposed conversion, closure, or cessation of use of a mobile home park, 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 division, shall include a copy of this division as an attachment, shall include a provision in at least ten-point type which clearly informs the resident that he has the right to seek the advice of an attorney of his choice prior to signing the agreement with regard to his rights under such agreement and shall be drafted in the form and content otherwise required by applicable state law.

(Code 1965, § 4956; Code 2002, § 58-57. Ord. No. 88-13)

(a) The conversion permit shall expire one year form the date of its approval unless 25 percent or more of the homeowners or tenants receive relocation assistance in accordance with this division, or the applicant requests an extension setting forth justification for not having proceeded within the one-year period. No more than two such extensions shall be granted by the approving body. An application must be filed with the Department no less than 30 days prior to the expiration of the conversion permit or any extension, and the approving body shall hold a public hearing on the application. Upon completion of the public hearing, the approving body shall approve, approve with conditions, or deny the application.

(b) If relocation assistance has not been provided to all eligible homeowners and tenants in accordance with this division within three years of the original date of approval, a new study shall be done in accordance with this division.

(c) Each year, on the anniversary date of the approval of the original conversion permit, the relocation assistance provided for by the approving body shall be increased by an amount equivalent to the increase in the cost-of-living index for the Oakland/San Francisco area, published by the U.S. Department of Labor. The index shall be for the quarterly period closest to the anniversary date of the permit.

(Code 1965, § 4957; Code 2002, § 58-58. Ord. No. 88-13)

Any and all persons who wish to rent lots or mobile homes in the affected mobile home park after a conversion permit application is filed shall be informed by the park owner, in writing, prior to the execution of a lease, that an application for a conversion permit has been filed. It is unlawful for a park owner to require that any resident, or prospective resident, waive his rights under this division as a condition of tenancy. The park owner shall obtain a signed acknowledgement from each occupant indicating receipt of the above information.

(Code 1965, § 4958; Code 2002, § 58-59. Ord. No. 88-13)

If, after vacation of all or a portion of the affected mobile home park, the park owner wants to make an interim use of the vacated area, a use permit shall be required.

(Code 1965, § 4959; Code 2002, § 58-60. Ord. No. 88-13)

The provisions of this division shall not apply if it is finally determined that the closure of a mobile home park or cessation of the use of the land as a mobile home 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 mobile home park is necessary. The documentation shall include the title, case number, and court in which the bankruptcy proceedings were held and copies of all pertinent judgments, orders, and decrees of the court.

(Code 1965, § 4960; Code 2002, § 58-61. Ord. No. 88-13)

(a) An applicant for a conversion permit may file, subsequent to approval of a conversion permit, the application for total or partial exemption from the obligation to provide relocation assistance in accordance with this division. Such an application shall be based on the applicant’s statement that the imposition of full relocation obligations would eliminate substantially all reasonable use or economic value of the property. Such basis may only be established if it is demonstrated that the imposition of such obligations would eliminate the reasonable use or economic value of the property for alternate uses, and that continued use of the property as a mobile home park would eliminate substantially all reasonable use or economic value of the property.

(b) The application, at a minimum, shall contain the following information:

(1) Statements of profit and loss from the operations of the mobile home park for the five-year period prior to the date of the application or request, certified by a certified public accountant;

(2) If the applicant contends that continued use of the property as a mobile home park necessitates repairs or improvements, or both, and that the cost thereof makes continuation of the park economically unfeasible, the applicant shall submit, to the Director, a statement made under penalty of perjury by a general contractor licensed as such pursuant to the laws of the state, certifying that such contractor has thoroughly inspected the entire mobile home park, that such contractor has determined that certain repairs and improvements must be made to the park to maintain the park in a decent, safe, and sanitary condition, the minimum period of time in which such improvements or repairs must be made, and itemized statement of such improvements and repairs, and the estimated cost thereof. The applicant shall also submit a statement verified by a certified public accountant as to the necessary increase in rental rates of mobile home sites within the park within the next five years required to pay for such repairs or improvements. If the Director requires an analysis of the information submitted by the general contractor, the Director may procure the services of another such licensed contractor to provide such written analysis, and the cost thereof shall be borne by the applicant;

(3) The estimated total cost of relocation assistance which would otherwise be required to be provided pursuant to this division;

(4) An estimate by a qualified real estate appraiser of the value of the park if it were permitted to be developed consistent with the General Plan, applicable zoning, and/or any proposal submitted by the applicant and an estimate of the value of such park by such appraiser if use of the property as a mobile home park is continued;

(5) Such other information which the applicant believes to be pertinent, or which may be required by the Director.

(c) The application, together with all information provided on it, shall be noticed, distributed, and subject to a public hearing to the same extent as an application for a conversion permit.

(Code 1965, § 4961; Code 2002, § 58-62. Ord. No. 88-13)

The applicant shall cause a copy of this division to be provided to each resident of the affected mobile home park at the time that a permit application is initially made. A copy of this division also shall be provided to each new resident after the initial date the conversion permit application is filed with the Planning Department.

(Code 1965, § 4962; Code 2002, § 58-63. Ord. No. 88-13)

Any park owner who violates any rights of any park resident established under this division shall be liable to the resident for the actual damages caused to the resident by said violation, plus costs and reasonable attorney’s fees. The city may bring an action to enforce this section on behalf of any residents.

(Code 1965, § 4963; Code 2002, § 58-64. Ord. No. 88-13)