East Palo Alto Municipal Code Ch. 14.19 Changes of Use or Closures of Mobilehome Parks

The city council hereby does find and declare that the following conditions and circumstances exist within the City of East Palo Alto (the "city") and that they make necessary the regulations contained in this chapter:

1. That mobilehome parks are an essential component of affordable housing stock in the city, where the cost of most housing exceeds the financial reach of those persons or households ranging from low- to moderate-income.

2. That the city is one of the few places in San Mateo County and the Bay Area where such persons or households can find affordable housing.

3. That the city is committed to preserving and increasing the supply of housing for such persons or households, especially families, senior citizens, and disabled persons, and that mobilehome parks constitute a valuable housing resource to meet this need.

4. That mobilehome owners have made a substantial financial investment in their mobilehomes.

5. That mobilehomes are often not capable of relocation to other parks because they risk being irreparably damaged or because parks will not accept them.

6. That the available space in mobilehome parks in the city, San Mateo County, and the Bay Area is in short supply.

7. That affordable housing other than in mobilehome parks for displaced residents is also not readily available within the city, San Mateo County, or Bay Area.

8. That state law recognizes the special position of mobilehome park closures as evidenced by Civil Code sections 798.55 and 798.56 and Government Code sections 65863.7 and 65863.8.

9. That, therefore, mobilehome park closures should be governed by a special set of municipal regulations.

(Ord. No. 385, § 1, 12-2-2014)

As used in this chapter, the following words and phrases shall have the meanings set out in this section:

A. "Actual relocation expenses" shall mean a sum adequate to mitigate the adverse impacts on the displaced resident, including but not limited to the following, provided that such conditions do not exceed the reasonable costs of relocation:

(a) For residents whose mobilehomes can be relocated to a space in a comparable mobilehome park: (1) the cost of physically relocating the mobilehome, as defined hereinafter, within twenty (20) miles of the park that is closing; (2) the cost of moving the personal property in the mobilehome; (3) the cost of staying overnight in a motel or similar lodging for the number of nights required to move and set up the mobilehome in the new park; and (4) costs incurred to move into the new park, such as first and last month's rent and security deposit.

(b) For residents whose mobilehomes cannot be relocated to a space in a comparable park: a lump sum based on consideration of the cost of moving to and purchasing or renting comparable housing, as defined hereinafter, including but not limited to, the cost of moving personal property from the mobilehome in the closing park to comparable housing, costs incurred to move into the new park, such as first and last month's rent and security deposit, and such other costs as are directly related to such relocation.

B. "Adjusted for inflation" shall mean an annual Consumer Price Index factor to be applied to the base year value of the mitigation. The base year shall be 2014.

C. "Applicant" shall mean any person or entity who files an application for the purpose of effecting a change of use of a mobilehome park.

D. "Change of use" shall mean any change of use of a mobilehome park for a purpose other than the rental (or the holding out for rent) of two or more mobilehome spaces to accommodate mobilehomes for human habitation, excepting when a mobilehome park is converted to resident ownership under East Palo Alto Municipal Code Chapter 14.18 (Mobilehome Conversions). The term "change of use" includes, but is not limited to, a change to another residential or commercial use, or the cessation of use of all or a portion of the mobilehome park, whether immediately or on a gradual basis, or the closure of the mobilehome park.

E. "Comparable housing" shall mean housing: (1) in an apartment or condominium or mobilehome or other housing arrangement that is comparable in floor area, number of bedrooms, facilities and amenities to the resident's housing in a mobilehome that is being displaced, and comparable to other relevant factors, including, but not limited to, the mobilehome's proximity to public transportation, shopping, medical and dental, recreational, social and religious facilities, the job market in which the resident is gainfully employed, and schools, if the resident has school-age children or a comparable mobilehome in a comparable mobilehome park; and (2) that meets the minimum standards of the Uniform Housing Code.

F. "Comparable mobilehome park" shall mean any other mobilehome park substantially equal to the mobilehome park, for which an application for a change of use has been filed under this chapter, in terms of condition and age of mobilehomes, park facilities, amenities, rental rates, vegetation, and rules and regulations, criteria for the acceptance of mobilehomes and residents, number of mobilehome spaces, ratio of licensed mobilehome spaces to licensed recreational vehicle spaces, and other relevant factors, including, but not limited to, proximity to public transportation, shopping, medical and dental, recreational, social, and religious facilities, the job market in which the resident is gainfully employed, and schools, if the resident has school-age children.

G. "Disabled mobilehome owner" and "disabled mobilehome tenant" shall mean any mobilehome owner or mobilehome tenant, respectively, who has a disability, as defined in Government Code § 12955.3, on the date an application for a change of use is filed under this chapter.

H. "Elderly mobilehome owner" and "elderly mobilehome tenant" shall mean any mobilehome owner or mobilehome tenant, respectively, who is sixty-two (62) years of age or older on the date an application for a change of use is filed under this chapter.

I. "In-place value" shall mean the market rate monetary value of the mobilehome in its current location at the time the applicant files an application for the change of use of a mobilehome park, and without regard to the effect of the closure of the park. "In-place value" shall include, but not be limited to: (1) the value of any mobilehome accessory buildings or structures; and (2) the desirability of the park, as demonstrated by density, amenities (health and recreational), quality of maintenance, space size, and relevant regulatory or legal protections.

J. "Lower income mobilehome owner" and "lower income mobilehome tenant" shall mean any mobilehome owner or mobilehome tenant, respectively, whose annual income on the date an application for a change of use is filed under this chapter does not exceed the qualifying income limits for a "lower income" household in San Mateo County, as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937, or as otherwise defined in Health and Safety Code § 50079.5.

K. "Mobilehome" shall have the meaning set forth in the Mobilehome Residency Law, Civil Code § 798 et seq., now in effect or subsequently amended.

L. "Mobilehome accessory building or structure" shall include, but is not limited to, any awning, portable demountable, or permanent cabana, ramada, storage cabinet, carport, skirting, heater, cooler, fence, windbreak, or porch or other equipment established for the use or enjoyment of the occupant of the manufactured home or mobilehome.

M. "Mobilehome owner" shall mean any person who owns a mobilehome in a mobilehome park and has a tenancy for a mobilehome space, whether or not such person lives in the mobilehome.

N. "Mobilehome resident" shall mean any mobilehome owner or mobilehome tenant.

O. "Mobilehome space" shall mean the site within a mobilehome park intended, designed, or used for the location or accommodation of a mobilehome and any accessory structures or appurtenances attached thereto or used in conjunction therewith; provided, however, that the term "mobilehome space" shall also include the term "mobilehome" in those cases and in only those cases in which an individual rents or leases both a mobilehome space and the mobilehome located on that site from the park owner.

P. "Mobilehome tenant" shall mean any tenant, subtenant, lessee, or sublessee, or any other person entitled to the use or occupancy of a mobilehome under a rental agreement, lease, or other expression of tenancy.

Q. "Park owner" shall mean a person or entity that owns a mobilehome park or a person or entity authorized to act on behalf of the owner of a mobilehome park.

R. "Rent subsidy" shall mean the difference between the rent of the new dwelling and the rent of the mobilehome on the date of the notice to terminate.

(Ord. No. 385, § 1, 12-2-2014)

A. Prior to a change of use, the person or entity proposing the change in use shall file an application for the change of use on a form provided by the city along with any applicable fee. The application shall include the report required by Government Code section 65863.7 ("conversion impact report") and a confidential resident questionnaire. No mobilehome park shall undergo a change of use until a permit therefor has been approved by the city. No application for said permit shall be deemed complete until a completed resident questionnaire (for each affected mobilehome owner and resident) and conversion impact report have been filed with the city.

B. The conversion impact report shall contain the following information:

1. A legal description of the mobilehome park.

2. The name(s) and address(es) of the owner(s) of the mobilehome park.

3. A detailed description of the proposed new use.

4. A proposed timetable for the change of use of the mobilehome park.

5. A statement submitted by the applicant, signed under penalty of perjury, attesting that the park is in compliance with applicable local and state regulatory requirements.

6. If reasonably available, the names and mailing addresses of all mobilehome owners within the mobilehome park, as shown on the rental agreement applicable thereto, the names and addresses of all mobilehome tenants, and the names and addresses of any other lawful residents of the mobilehome park, as best the applicant is able to ascertain, on the date of application for a change of use.

7. If reasonably available, information on all mobilehomes in the park, including age, date of manufacture, the type of mobilehome, dimensions, number identifying the mobilehome space being occupied, and the current rental rate for the mobilehome space being occupied.

8. A drive-by appraisal of the in-place value of each mobilehome in the park completed no more than sixty (60) days prior to the date of application for a change of use by an appraiser who is qualified to appraise the value of mobilehomes.

9. The purchase prices of the mobilehome park by the park owner (and any amounts paid to make capital improvements) and of comparable mobilehomes in comparable mobilehome parks within a twenty-mile radius of the park which is the subject of the application.

10. A list of vacant mobilehome spaces in comparable mobilehome parks within a twenty-mile radius of the park which is the subject of the application. The list shall contain a schedule of mobilehome space rental rates for each mobilehome park listed, and criteria of the management of each mobilehome park for acceptance of mobilehomes and mobilehome residents. In addition, a schedule of rental rates for comparable housing within a twenty-mile radius of the park which is the subject of the application.

11. A list containing the names addresses and telephone numbers of two or more housing relocation specialists who meet the requirements and can provide the services described in Section 14.19.110 of this chapter, and the names addresses, telephone numbers and fee schedules of persons qualified as mobilehome movers. There shall be included an explanation of the services which the housing relocation specialists will provide. The applicant may designate other housing specialists or mobilehome movers, provided, however, that use of any such persons pursuant to this chapter shall be subject to approval by the city after an investigation into the qualifications of any such persons.

12. A relocation plan, including a timetable for implementing the physical relocation of mobilehomes, implementation of relocation assistance, and the transition to one or more other uses.

13. A specification of relocation assistance, which shall comply with the requirements of Sections 14.19.080 to 14.19.120, inclusive, of this chapter.

C. The resident questionnaires shall be kept separately from the rest of the application materials and shall not be included in the conversion impact report sent to each mobilehome resident. The identity of each mobilehome owner and resident and his or her responses shall be kept confidential and used only to determine the relocation assistance to be provided to a particular mobilehome owner and resident. Accordingly, the city shall maintain each such list as a confidential public record which shall not be disclosed to the public except as required by the California Public Records Act, Government Code § 6250 et seq. The resident questionnaire shall include the following information for each mobilehome space in the mobilehome park:

1. The registered owner and legal owner of the mobilehome;

2. The identity, ages, number and any mental or physical handicap or special needs of the residents occupying the mobilehome;

3. The date of manufacture of the mobilehome, the name of the manufacturer, the size of the mobilehome, the number of bedrooms in the mobilehome, any special amenities in the home, including but not limited to equipment needed because of the medical condition, age, or handicap or disability of any resident or tenant in the home;

4. Any improvements or renovations to the mobilehome or improvements to the mobilehome space made by the current resident, including, but not limited to, a new roof, porches, patios, awnings, pop-out rooms, recreational equipment, barbecue equipment, landscaping, or other improvement (whether such improvements are movable) and the cost of such improvements;

5. The purchase price paid by the current resident of the mobilehome and the amount and terms of any remaining mortgage or loan on the home;

6. Any special circumstance that would limit the area to which the mobilehome resident or tenant is able to relocate;

7. Whether the mobilehome resident receives supplemental Social Security income or qualifies as a low- or very low-income person or household under the standards issued by the department of housing and urban development ("HUD").

(Ord. No. 385, § 1, 12-2-2014)

A. Whenever fifteen percent (15%) or more of the total number of mobilehome spaces of a mobilehome park are uninhabited and such situation was not caused by physical disaster, including, but not limited to, fire, flood, storm, earthquake, landslide or by any other condition beyond the control of the owner of the mobilehome park, the owner of such park shall file with the city a written notice to such effect. For purposes of this chapter, a mobilehome space is "uninhabited" when it is either: (1) unoccupied by a mobilehome; or (2) occupied by a mobilehome in which no persons reside. The existence of the condition described in this subsection shall be deemed a "change of use" for purposes of this chapter.

B. Whenever mobilehome resident has reason to believe the owner of such mobilehome park should have filed written notice with the city pursuant to Subsection A. of this section, the resident may file a written statement to that effect with the city. Such statement shall indicate the particular mobilehome spaces that the resident believes to be uninhabited. Upon receipt of such statement the city shall cause an investigation and inspection to be conducted as to the correctness of such statement. Upon completion of the investigation and inspection, the planning commission (the "commission") shall conduct a public hearing as to the correctness of the statement upon not less than thirty (30) days' written notice to the owner of the mobilehome park, and all mobilehome residents thereof. At the hearing, the owner of the mobilehome park and any resident thereof may present evidence as to the correctness of the statement. At the conclusion of the hearing the commission shall make a determination as to whether the statement is or is not correct.

C. Upon the filing of a notice pursuant to Subsection A. of this section or the making of a determination that the statement is correct or incorrect pursuant to Subsection B. of this section, the city shall transmit to the owner of the mobilehome park a written notice by certified mail, return receipt requested, or by personal service, which notice shall state, if a notice was filed pursuant to Subsection A. of this section, that the mobilehome park is determined to be undergoing a change of use, or, if the determination was made pursuant to Subsection B. of this section, that such park is determined to be undergoing or not to be undergoing a change of use, as the case may be. If the determination was made pursuant to Subsection B. of this section, written notice thereof shall also be given to all mobilehome residents. A notice of determination of change of use shall also direct the owner to prepare a conversion impact report, and the city shall establish a reasonable period of time for the preparation of such report. The city shall also schedule a public hearing before the commission regarding the adequacy of the conversion impact report if it is required. Such hearing shall be scheduled so as to allow adequate time for notice and distribution of the report to mobilehome owners and tenants and the scheduling of informational meetings pursuant to Section 14.19.050 of this chapter.

D. The determination of the city pursuant to Subsection B. of this section may be appealed by the owner of the mobilehome park or by any mobilehome resident thereof by filing a written notice of appeal with the city clerk not more than fifteen (15) calendar days after the date of the notice of determination. Upon not less than thirty (30) days' notice thereof shall be given by the city to the owner of the mobilehome park and to all residents thereof, the city council shall conduct a public hearing on the appeal. At the public hearing the city council shall consider the investigation and inspection report of the city, the evidence presented by the owner of the mobilehome park and any mobilehome resident thereof as to the correctness of the statement filed pursuant to Subsection B. of this section, and at the conclusion thereof the city council shall render a decision on the correctness of the statement.

E. The failure of the owner of a mobilehome park to prepare a conversion impact report within the time required by the city pursuant to Subsection C. of this section is hereby determined to have a severely adverse economic effect upon mobilehome tenants and eligible mobilehome owners due to the delay in providing necessary relocation assistance which would result from such failure. Such failure is hereby determined to be a public nuisance. If the owner of the mobilehome park fails to prepare or cause to be prepared and arrange for its distribution to all mobilehome residents pursuant to Subsection C. of Section 14.19.050 of this chapter, the application shall be denied, without prejudice, but no new application shall be accepted for at least six months. The city shall give not less than thirty (30) days' written notice to the owner of the mobilehome park and all mobilehome residents of the scheduled public hearing when the commission shall consider such report.

F. The provisions of this section shall not be applicable if an application for a change of use of a mobilehome park was filed pursuant to this chapter prior to the filing of a notice pursuant to Subsection A. of this section, or of a written statement pursuant to Subsection B. of this section, where such application is pending.

(Ord. No. 385, § 1, 12-2-2014)

• Notice to park residents and mobilehome owners; distribution of conversion impact report; informational meetings.

A. At the same time the applicant files an application for a change of use pursuant to Subsection A. of Section 14.19.030 of this chapter, he or she shall transmit a copy of the conversion impact report to all mobilehome residents.

B. At least thirty (30) days prior to the scheduled public hearing before the commission on the conversion impact report pursuant to Section 14.19.160 of this chapter, the applicant shall transmit to all mobilehome residents: (i) a notice of the public hearing; and (ii) notice of the informational meeting(s) required to be held pursuant to Subsection E. of this section.

C. The copies of the conversion impact report and notices of the public hearing and the information meetings, shall be transmitted either by certified mail, return receipt requested, or by personal service. When personal service is made, a written certificate of proof of service shall be filed with the city. Where more than one person occupies a mobilehome, notice need only be sent to the person or persons whose name(s) appear(s) on the rental agreement pertaining to that mobilehome space or who has a valid rental agreement with a mobilehome owner.

D. At least fifteen (15) days prior to the date of the public hearing, the applicant shall cause to be filed with the city a verification that he has complied with the requirements of this section pertaining to transmittal of copies of the conversion impact report and of the notices of the public hearing on the conversion impact report and of the informational meeting(s).

E. At least fourteen (14) days prior to the scheduled public hearing before the commission on the conversion impact report, the applicant shall conduct at least one informational meeting for mobilehome residents regarding the status of the application for a change of use, the timing of proposed relocation of residents, proposed relocation assistance, and the contents of the conversion impact report. The meeting shall be conducted on the premises of the mobilehome park. The applicant shall conduct multiple informational meetings if at least seventy-five percent (75%) of mobilehome residents are not able to make the first such meeting. The housing specialists designated in the conversion impact report shall be present at such meeting(s).

F. At least five days prior to the public hearing on the conversion impact report, the applicant shall file with the city a statement made under penalty of perjury that he has complied with the requirements of Subsection E. of this section. Such statement shall state the date, time and place where such informational meeting(s) was or were conducted, and the number of mobilehome residents in attendance.

(Ord. No. 385, § 1, 12-2-2014)

• Notice to applicants for residency and new residents regarding pending change in status of park; unavailability of relocation assistance.

After an application for a change of use of a mobilehome park has been filed with the city, the owner of such park shall advise each person who thereafter commences occupancy of a mobilehome space or mobilehome in writing, prior to commencement of such occupancy, that such application has been filed, or that such determination has been made, and that the occupant may not be entitled to any relocation assistance pursuant to Sections 14.19.080 to 14.19.120, inclusive, of this chapter. The owner of such park shall obtain a signed acknowledgment of each such occupant indicating receipt of such information.

(Ord. No. 385, § 1, 12-2-2014)

Eligible mobilehome owners and mobilehome tenants shall be entitled to relocation assistance pursuant to Sections 14.19.080 to 14.19.120, inclusive, of this chapter, and Government Code section 65863.7(e).

(Ord. No. 385, § 1, 12-2-2014)

The applicant shall provide the following relocation assistance to every mobilehome owner who elects to relocate his or her mobilehome:

1. Actual relocation expenses, as defined in Section 14.19.020.

2. A rent subsidy of not less than twenty-four (24) months. Disabled or elderly mobilehome owners shall be entitled to a rent subsidy of not less than forty-eight (48) months.

3. Provided that the mobilehome owner is a disabled or elderly mobilehome owner and lawfully resides in said mobilehome, a supplemental relocation allowance of three thousand dollars ($3,000.00), to be adjusted for inflation, to assist with the added costs of obtaining any assistance necessary to move, such as help with packing or other physical tasks that the mobilehome owner cannot do without assistance, replacing any special equipment that cannot be moved and is used because of the mobilehome owner's age and/or disability, and transportation to more distant medical facilities and other services targeted at their special needs.

(Ord. No. 385, § 1, 12-2-2014)

A. The applicant shall provide the following relocation assistance to every mobilehome owner who elects not to relocated his or her mobilehome:

1. One hundred percent (100%) of the in-place value of the mobilehome, determined pursuant to Subsection C. of this section, in exchange for title to the mobilehome owner's mobilehome.

2. Provided that the mobilehome owner lawfully resides in said mobilehome, actual relocation expenses.

3. Provided that the mobilehome owner is disabled or elderly and lawfully resides in said mobilehome, a supplemental relocation allowance of three thousand dollars ($3,000.00), to be adjusted for inflation, to assist with the added costs of obtaining any assistance necessary to move, such as help with packing or other physical tasks that the mobilehome owner cannot do without assistance, replacing special equipment that cannot be moved and is used because of the mobilehome owner's age and/or disability, and transportation to more distant medical facilities and other services targeted at their special needs.

4. A rent subsidy of not less that twenty-four (24) months. Disabled or elderly mobilehome owners shall be entitled to a rent subsidy of not less than forty-eight (48) months.

B. The applicant shall have the right to limit his or her responsibility to the mobilehome owner who elects to sell to the maximum amounts required under Subsection A. of this section if the applicant is able to secure a vacant mobilehome space in a comparable mobilehome park not more than twenty (20) miles from the mobilehome park which is the subject of the proposed change of use; provided, however, that said park will accept the mobilehome and the mobilehome owner to be relocated and that the mobilehome can be physically relocated. No applicant shall exercise any rights pursuant to this subsection unless and until he or she shall have filed with the city a written declaration as to the number of vacant mobilehome spaces the applicant has secured at the time the application for a change of use is filed, and until the city shall have conducted a random selection from among the names of all mobilehome owners who elect to sell in order to determine a priority list as to mobilehome owners who may be subject to relocation of their mobilehomes pursuant to this subsection. The city shall conduct such random selection as soon as possible, but no later than five days after receipt of the mobilehome owner's relocation assistance elections as provided in Subsection D. of Section 14.19.170 of this chapter. No mobilehome owner who has elected to sell his or her mobilehome shall be subject to relocation of such mobilehome other than by reference to such priority list. If the applicant has not filed a declaration or is unable to procure such a site, then the applicant shall be required to purchase the mobilehome from the mobilehome owner at one hundred percent (100%) of the in-place value of the mobilehome.

C. The in-place value of a mobilehome for purposes of Subsection A.1. of this section shall be determined as set forth herein; provided, however, that nothing herein shall preclude the applicant and mobilehome owner from entering into a good faith settlement on the in-place value of the mobilehome at any time.

1. The applicant and the mobilehome owner shall each select one appraiser who is qualified to appraise the value of mobilehomes, who shall prepare and submit an appraisal of the value of the mobilehome.

2. Each party shall bear the cost and expense of the appraiser he or she selects, except that the applicant shall contribute five hundred dollars ($500.00) to a mobilehome owner for the owner's appraisal.

3. The parties shall exchange appraisals.

4. If the resident's appraisal is less than ten percent (10%) higher than the park owner's appraisal, the purchase price shall be the average of the two appraisals. If the resident's appraisal exceeds the park owner's appraisal by ten percent (10%) or more, the parties or their appraisers shall select a third appraiser upon whom they shall mutually agree, who shall decide between the competing appraisals by offering a third appraisal.

5. If the parties or their appraisers are unable to agree upon a third appraiser, such appraiser shall be selected by the city. If a third appraiser is selected by the parties, their appraisers, or the city, the purchase price of the mobilehome shall be the amount stated in one of the two initial appraisals which is closest to the amount stated in the third appraisal. The costs and expense of the third appraiser shall be borne equally by both parties.

6. If any appraiser identifies lack of maintenance, deferred maintenance, or deterioration of the subject mobilehome park which negatively affects the value of a mobilehome, such an appraiser shall determine the value of the mobilehome with an upward adjustment in value if necessary to eliminate the negative effect in value caused by the lack of maintenance, deferred maintenance, or deterioration, except that there will be no upward adjustment for ordinary wear and tear.

7. Nothing herein shall preclude the parties from entering into a good faith settlement on the purchase price of the mobilehome at any time. Notwithstanding the foregoing, the appraisal must be completed not later than ninety (90) days after the filing of the application.

(Ord. No. 385, § 1, 12-2-2014)

The city shall, as a condition of approval of the application for change of use, and in addition to benefits described in other sections of this chapter, require that the applicant take steps to mitigate the effects of displacement upon mobilehome tenants. These steps may include, but are not limited to:

1. Actual relocation expenses, as defined in Section 14.19.020; and

2. A lump sum payment of three thousand dollars ($3,000.00), adjusted for inflation, which shall be paid at least thirty (30) days prior to the vacation.

3. Provided that the mobilehome owner is a disabled or elderly mobilehome owner and lawfully resides in said mobilehome, a supplemental relocation allowance of three thousand dollars ($3,000.00), to be adjusted for inflation, to assist with the added costs of obtaining any assistance necessary to move, such as help with packing or other physical tasks that the mobilehome owner cannot do without assistance, replacing any special equipment that cannot be moved and is used because of the mobilehome owner's age or disability (or both), and transportation to more distant medical facilities and other services targeted at their special needs.

(Ord. No. 385, § 1, 12-2-2014)

The applicant shall provide to all mobilehome residents the services of a housing specialist to assist mobilehome residents in relocating to available and appropriate comparable housing upon the mobilehome residents' request. Any such specialist shall be familiar with the housing market in communities around the city, individual needs for housing types, and income and loan requirements of various types of housing. Such assistance shall include, but not be limited to, financial advice, the explanation of the various housing alternatives available, assistance locating vacant spaces in mobilehome parks outside of the requirements of Subsection 14.19.030.B.8. of this chapter, and transportation of residents who are unable to operate motor vehicles to the various housing alternatives.

(Ord. No. 385, § 1, 12-2-2014)

All mobilehome owners and mobilehome tenants shall be provided with a right of first refusal to purchase housing to be constructed for sale on the site of the mobilehome park, or to lease or rent rental housing to be constructed for lease or rental on such site.

(Ord. No. 385, § 1, 12-2-2014)

The applicant shall, at the time a mobilehome resident vacates the mobilehome, pay said resident any outstanding deposits or other obligations.

(Ord. No. 385, § 1, 12-2-2014)

A. In order to facilitate the interests of both the mobilehome resident and the applicant with regard to a change of use, the parties may agree to mutually satisfactory relocation assistance, provided that the mobilehome resident is represented by counsel. To be valid, such an agreement shall be in writing, shall include a provision stating that the mobilehome resident is aware of the provisions of this chapter, shall include a copy of this chapter as an attachment, shall be signed by the mobilehome resident, counsel for the mobilehome resident and the applicant, and shall be drafted in form and content otherwise required by applicable state law. No mobilehome resident signing a relocation assistance agreement provided for in this subsection may contest the adequacy of the conversion impact report at the hearing on such report. Any mobilehome resident signing such an agreement may rescind it in writing within ten (10) days of signing it. Any such agreement which is procured by fraud, misrepresentation, coercion or duress, of any kind, shall be void and unenforceable.

B. No waiver by a mobilehome resident of any of his or her rights pursuant to this section, and Sections 14.19.080 to 14.19.120, inclusive, of this chapter, shall be valid or effective for any purpose except with regard to a relocation assistance agreement as provided in Subsection A. of this section.

(Ord. No. 385, § 1, 12-2-2014)

A. Any person who files an application for change of use of a mobilehome park may, simultaneous with such application, file an application for total or partial exemption from the obligation to provide relocation assistance pursuant to Sections 14.19.080 to 14.19.120, inclusive, of this chapter. The owner of a mobilehome park as to whom the city has made a determination pursuant to Section 14.19.040, may also file such an application for exemption not later than thirty (30) days from the date of transmittal of the notice of determination by the city.

B. If such application is filed, notice of such application, with the information contained therein, and distribution thereof to the mobilehome residents of the mobilehome park shall be accomplished pursuant to Subsections A. and B. of Section 14.19.050.

C. Any such application shall state that it is made on either or both of the following basis:

1. That provision of relocation assistance 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 mobilehome park would eliminate substantially all reasonable use or economic value of the property for reasons not caused or contributed by the park owner or applicant.

2. That a court of competent jurisdiction has determined in connection with a proceeding in bankruptcy that a change of use of said property as a mobilehome park is necessary, and that such court has taken further action which would prohibit or preclude payment of relocation assistance benefits, in whole or in part.

D. Any such application made pursuant to Subsection C.1. of this section, shall contain, at a minimum, the following information:

1. Statements of profit and loss from the operations of the mobilehome park for the most recent five-year period of the date of the application or request, certified by a certified public accountant, statements of profit and loss from the operation of the mobilehome part when the park owner purchased the property, if reasonably available, and the price the park owner paid to purchase the property. All such statements shall be maintained in confidence as permitted by the California Public Records Act.

2. If the applicant contends that continued use of the property as a mobilehome park necessitates repairs or improvements or both, and that the cost thereof makes continuation of the park economically infeasible, a statement made under penalty of perjury by a general contractor licensed as such pursuant to the laws of the State of California certifying that such contractor has thoroughly inspected the entire mobilehome 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; an itemized statement of such improvements and repairs; and the estimated cost thereof with the costs of repairs and improvements, if any, due to deferred maintenance separately identified. The applicant shall also submit a statement verified by a certified public accountant as to the necessary increase in rental rates of mobilehome spaces within the park. If the city requires an analysis of the information submitted by the general contractor, the city may procure the services of another such licensed general contractor to provide such written analysis, and the cost thereof shall be billed to and payment thereof shall be required from the applicant.

3. The estimated total cost of relocation assistance which would otherwise be required to be provided pursuant to Sections 14.19.080 to 14.19.120, inclusive of this chapter, which shall be based upon documented surveys, included with the application, of the available mobilehome spaces within twenty (20) miles of the mobilehome park, and the value of the mobilehomes in the park.

4. An estimate of the value of the mobilehome park by a qualified real estate appraiser if the park were permitted to be redeveloped to its highest and best use, and an estimate of the value of such park by such appraiser if use of the property as a mobilehome park is continued, and an estimate of the value of such park by such appraiser based upon the income generated by the park when the park owner purchased the property.

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

E. Any such application filed pursuant to Subsection C.2. of this section shall be accompanied by adequate documentation as to the title, case number, and court in which the bankruptcy proceeding was held, and copies of all pertinent judgments, order and decrees of such court.

(Ord. No. 385, § 1, 12-2-2014)

A. A public hearing on the application for a change of use and on any simultaneous application for exemption from relocation assistance obligations shall be held by the commission, which shall approve, conditionally approve or deny any such application based on the requirements of this chapter.

B. Any party aggrieved by a decision of the commission may appeal to the city council within fifteen (15) days of the commission's decision. Any such appeal shall conform to Section 6581.2 of the City of East Palo Alto's Zoning Ordinance.

C. The commission shall make findings as set forth in this section on the application for a change of use permit and on any simultaneous application for exemption from relocation assistance obligations.

D. The commission shall make one of the following findings on the application for a mobilehome park change of use:

1. That the application complies with the requirements of this chapter:

a. Conversion impact report contains the information required by Section 14.19.030 of this chapter;

b. If the conversion impact report is prepared for a change of use of a mobilehome park, the proposed change of use is consistent with the general plan, any applicable specific plan, the city's subdivision regulations, or any similar state law or provision of the city's Municipal Code;

c. The applicant has complied with all notice requirements in Government Code sections 65863.7(b), (c), and Civil Code section 798.56, and each mobilehome resident has had adequate notification of the proposed conversion;

d. The conversion impact report accurately represents the total costs associated with the relocation of each mobilehome resident; and

e. Each mobilehome resident will receive the reasonable costs of relocation from the mobilehome park owner pursuant to Government Code section 65863.7(e) and Sections 14.19.070 to 14.19.130 of this chapter.

In deciding whether to approve an application, the commission may recommend the imposition of such conditions as it finds necessary to mitigate the adverse impacts on the residents; however, any steps required to be taken by the applicant pursuant to this section shall not exceed the reasonable costs of relocation. Notice of the decision of the commission concerning an application for a mobilehome park change of use shall be mailed to the applicant and to each mobilehome owner and resident of the park.

2. That the application does not comply with the requirements of this chapter, but that such noncompliance can be corrected without resubmitting the application. In such instance, the commission may condition the approval of the application upon amendment to the relocation plan or the specification of relocation assistance required by Subsections B.10. and 11. of Section 14.19.030 of this chapter.

3. That the application does not comply with one or more requirements of this chapter and that such noncompliance cannot be corrected without resubmitting the application. In such instance, the commission shall indicate in which respect(s) the applicant has not complied with requirement(s) of this chapter.

E. Where an exemption from relocation assistance has been applied for based upon the impact of such assistance upon the reasonable use of the property pursuant to Subsection C.1. of Section 14.19.150 of this chapter, the commission shall make one of the following findings:

1. That the applicant shall not be exempt from relocation assistance obligations because sufficient evidence has not been shown that both of the following are true: that the continued use of the property as a mobilehome park would eliminate substantially all reasonable use of such property; and that the cost of relocation assistance which would otherwise be required by this chapter for alternative uses would eliminate substantially all reasonable use or economic value of the property for such uses; or

2. That the applicant shall be exempt from relocation assistance obligations, in whole or in part, because he or she has shown sufficient evidence that continued use of the property as a mobilehome park would eliminate substantially all reasonable use or economic value of such property, and that imposition of such obligations, in whole or in part, would eliminate substantially all reasonable alternate use or economic value of the property. In making such determination, the commission may take into account the financial history of the mobilehome park, its condition and the condition of amenities and improvements thereon, the cost of any necessary repairs, improvements or rehabilitation of such park, the estimated cost of relocation assistance, the fair market value of the property for the proposed alternative use, the fair market value of the property for continued use as a mobilehome park, the fair market value of the park when the park owner purchased the property, and other pertinent evidence presented. In rendering its decision, the commission shall have the power to eliminate or waive all or portions of any type of relocation assistance which would otherwise be applicable and shall expressly indicate in its decision any such waiver or elimination and the degree thereof.

F. Where an exemption from relocation assistance has been applied for based upon bankruptcy proceedings pursuant to Subsection C.2. of Section 14.19.150 of this chapter, the commission shall make one of the following findings:

1. That the application or project shall be exempt from relocation assistance obligations, in whole or in part, because a court of competent jurisdiction has determined in connection with a proceeding in bankruptcy that a change of use of said property as a mobilehome park is necessary, and because such court has taken further action that would prohibit or preclude payment of such assistance, whether in whole or in part. In rendering its decision, the commission shall have the power to eliminate or waive all or portions of any type of assistance to the extent necessary to comply with the judgment, order or decree of the court; or

2. That the applicant shall not be exempt from any relocation assistance obligations based upon any actions of a court of bankruptcy, because sufficient evidence has not been shown that any such court has ordered the closure or cessation of use of said property as a mobilehome park, or that such court has prohibited or precluded the payment of any such assistance, or both.

G. No application for change of use shall be approved or denied unless and until the commission shall have made one of the findings required by Subsection D. of this section.

(Ord. No. 385, § 1, 12-2-2014)

A. After the date of approval by the commission of the application for a mobilehome park change of use, the applicant shall undertake or be responsible for performance of the obligations contained in this section, except to the extent that the commission may have exempted the application therefrom pursuant to Section 14.19.150 of this chapter.

B. No notice of termination of tenancy shall be issued to the mobilehome residents prior to the date on which the city has approved the application for change of use of the park and the applicant and park owner have signed and filed a certificate accepting the conditions of approval adopted by the commission pursuant to Subsection D.2. of Section 14.19.160 of this chapter.

C. Not later than ten (10) days from the date of such approval, the housing specialist or specialists shall make personal contact with each resident and commence consultations to determine the proper relocation assistance to be provided. The housing specialist or specialists shall give each mobilehome resident eligible to receive relocation assistance written notice of his or her relocation assistance and options, the time limits within which he or she must select the desired option, one or more copies of a standard form to be used for the resident to make his or her selection, and a designation of the person and place to whom and to which completed forms must be submitted.

D. Not later than thirty (30) days from the date of such approval, mobilehome residents who are entitled to make elections between alternate relocation assistance shall make such selection in writing. Such selection shall be submitted to the applicant, as the case may be, on a form provided by the housing specialist.

E. Not less than thirty (30) days prior to the date any mobilehome resident is required to vacate the mobilehome park nor later than the day any resident actually vacates the mobilehome park, any cash or monetary relocation assistance shall be paid to such resident, or to any person, firm or corporation performing relocation-related services for the resident, as the resident may direct.

F. Not more than ninety (90) days from the date of such approval, the applicant shall enter into contracts with moving contractors necessary for the relocation of mobilehomes pursuant to Subsection 1. of Section 14.19.080 of this chapter.

G. Pursuant to Civil Code section 798.56(g)(2), the date upon which any mobilehome resident is required to vacate such park, shall be not less than six months from the date of notice of termination of tenancy and not less than (30) thirty days from the date of payment of any required relocation assistance.

H. If the owner of the mobilehome park, the applicant, or any mobilehome resident specifically requests that any of the time limitations required by this chapter be modified, the commission shall consider any such modification and evidence relating to the need therefore at the public hearing on the application for a change of use. The commission shall have the power to make modifications in such time limits, both in response to a request and on its own motion, in conjunction with any approval of a conversion impact report, as the commission may deem just and reasonable.

(Ord. No. 385, § 1, 12-2-2014)

In the event that there is an exercise of eminent domain by the city, which has the effect of a change of use on one or more mobilehome sites, relocation assistance shall be provided by the city to mobilehome owners pursuant to the provisions of this chapter or the law of eminent domain, whichever provides the greater assistance.

(Ord. No. 385, § 1, 12-2-2014)

The city council may by resolution establish reasonable fees to cover any costs incurred by the city in implementing this chapter, to be paid by the park owner or applicant subject to the provisions of this chapter, in accordance with the limitations of Government Code section 65863.7(g) and subject to the limitations set forth in Government Code Section 66014(a).

(Ord. No. 385, § 1, 12-2-2014)

A. Any park owner or applicant who violates any rights of any mobilehome resident established under this chapter shall be liable to the mobilehome resident for the actual damages caused by such violation, plus costs and reasonable attorney's fees. The city may bring an action to enforce this section on behalf of any mobilehome resident.

B. No building permit shall be issued for the development of any real property that has undergone, or is undergoing, a change of use unless and until the applicant shall have filed with the city a statement made under penalty of perjury that relocation assistance payments required pursuant to this chapter have been paid. Such statement shall specify in itemized form each payee, the amount paid, and the date of payment.

(Ord. No. 385, § 1, 12-2-2014)