Petaluma Municipal Code Ch. 20.30 Conversions to Community Housing

In order to provide for the housing needs of all economic segments of the community, the city council declares

that the purposes of this chapter are as follows:

A. To insure a reasonable balance of rental and ownership housing in Petaluma and a variety of individual

choices of tenure; type; price and location of housing;

B. To maintain the supply of rental and mobile home housing opportunities for low and moderate-income

persons and families; and

C. To reduce and avoid the displacement of long-term residents; particularly senior citizens and families with

school age children; who may be required to move from the community due to a shortage of replacement rental

and mobile home housing opportunities.

The city council Jnds and declares that when the number of vacancies being oMered for rent or lease in the city is

equal to or less than three percent of the total number of such dwelling units oMered for and under rental or lease

agreement in the city; a housing shortage exists which is inconsistent with the purposes of this chapter and with

the declared goals and objectives of the city relating to its housing element of its general plan.

The council further Jnds that the conversion of existing apartment buildings or mobile home parks into

community housing diminishes the supply of rental and mobile home housing opportunities and displaces

residents and will tend to require them to move outside of Petaluma when a housing shortage exists.

(Ord. 1519 NCS §1, 1982; Ord. 1341 NCS §1, 1978.)

A. "Apartment" means a dwelling in a structure designed or used to house two or more families; as the term

"family" is deJned in the city zoning ordinance; living independently of each other.

B. "Community housing" means condominiums; planned developments, community apartment projects and

stock cooperatives.

C. "Mobile home" means a transportable structure or trailer coach built on a chassis for future movement; and

designed to be used as a dwelling without permanent foundation when connected to the required utilities, and

intended for occupancy by one family. No such structure shall be deemed to be a mobile home which is less than

eight feet nor greater than fourteen feet in width for a single section, nor less than thirty-two feet nor greater than

seventy feet in length for a single section.

D. "Mobile home park" means any project, intended; designed or equipped, in accordance with the

requirements of Article 21, to provide for the accommodation of mobile homes for residential occupancy.

E. "Project" means the entire parcel of real property; including all structures thereon, all or part of which is

rented or leased for residential purposes and is proposed to be divided; as land or air space, into two or more lots;

parcels; units or rights of exclusive occupancy. "Project" includes mobile home park as deJned in subsection D of

this section.

F. "Vacancy deJciency" means the number of vacant apartment units needed to raise the vacancy rate to three

percent.

G. "Vacancy rate" means the number of apartments being oMered for rent or lease in the city shown as a

percentage of the total number of apartments oMered for or under rental or lease agreement in the city.

(Ord. 1519 NCS §2, 1982; Ord. 1341 NCS §1, 1978.)

Projects are subject to the provisions of this chapter and the other provisions of this code. (Ord. 1341 NCS §1,

1978.)

In April and November of each year, the director of planning shall determine the vacancy rate and the vacancy

surplus; if any. New market priced rental units available to the general public; for which a certiJcate of use and

occupancy has been issued since the last vacancy survey, shall be added on a unit-for-unit basis to either reduce

the "vacancy deJciency" or increase the "vacancy surplus." (Ord. 1341 NCS §1, 1978.)

A. Unless there is a vacancy surplus as of the most recent determination pursuant to Section 20.30.030; no

application for approval of a tentative or parcel map for a project subject to the provisions of this chapter shall be

Jled.

B. When the vacancy surplus; as of the most recent determination pursuant to Section 20.30.030; plus forty

percent of the vacancy surplus is greater than or equal to the total number of rental apartments being proposed

for conversion to community housing; an application for approval of a tentative or parcel map may be Jled with

the planning department.

C. An application for approval of a tentative or parcel map for a project subject to the provisions of this chapter

may be Jled; regardless of whether there is a vacancy surplus; if two-thirds of all of the adult tenants lawfully in

possession indicate their desire to convert such project to community housing.

Such desire shall be indicated by the tenant’s signature on a form which contains the statement that the project

may be converted to community housing if two-thirds of all of the adult tenants lawfully in possession so desire

and that the tenant; by signing such statement; irrevocably expresses his or her consent to such conversions. Such

statement shall provide that conversion may require the tenant to Jnd other housing which may not be available

in Petaluma. Such statement shall also include the tenant’s printed name and address. No other words or

provisions shall appear on such statements.

D. An application for a tentative or parcel map may be Jled with the planning department if the applicant has

within the preceding sixty days obtained certiJcates of occupancy for a like number of new rental apartment units

within the city limits.

(Ord. 1344 NCS §§1, 2, 1979; Ord. 1341 NCS §1, 1978.)

The provisions of this section shall govern the application procedure for the conversion of mobile home parks into

community housing as deJned in this chapter.

A. No application for such conversion may be Jled without the written approval of two-thirds of all the adult

tenants lawfully in possession of mobile homes in a mobile home park.

B. Such desire shall be indicated by the tenant’s signature on a form which contains the statement that the

project may be converted to community housing if two-thirds of all the adult tenants lawfully in possession so

desire and that the tenant; by signing such statement; irrevocably expresses his or her consent to such

conversions. Such statement shall provide that conversion may require the tenant to Jnd other housing which

may not be available in Petaluma. Such statement shall also include the tenant’s name and address. No other

words or provisions shall appear on statements.

(Ord. 1519 NCS §3, 1982.)

In addition to the other requirements of this title; tentative and Jnal maps shall be accompanied by such

information prescribed by the planning director which will assist in determining whether the proposed project

would be consistent with the purposes of this chapter. (Ord. 1344 NCS §3, 1979.)

The planning commission; consistent with the purposes of this chapter; shall make a determination and

recommendation to the city council pursuant to Section 20.30.030 on a tentative or parcel map Jled or otherwise

prepared for a project subject to the provisions of this chapter.

In addition to such other grounds as provided by law; the planning commission may recommend disapproval of

the map if the number of lots; parcels; units of rights of exclusive occupancy proposed exceeds the vacancy

surplus on the date of Jling by more than forty percent or if such project is inconsistent with the purposes of this

chapter. (Ord. 1341 NCS §1, 1978.)