Petaluma Municipal Code Ch. 8.34 Mobilehome Park Conversions

A. Where a person proposes to convert an existing mobilehome park to another use or to close a mobilehome

park or to cease using land as a mobilehome park, current provisions of state law, as set forth in Government

Code Section 65863.7 and Civil Code Section 798.56, authorize the city to require the person proposing the change

of use to Nle and distribute a report on the impact of such change and further authorize the city to require

measures to be undertaken to mitigate the adverse eQects of the change of use upon the tenants of the

mobilehome park who would be displaced by such change.

B. The city council Nnds and determines that unless mitigation measures are undertaken, the conversion,

closure or cessation of use of mobilehome parks could have a substantial adverse eQect upon park residents in

terms of cost of relocation, scarcity of similar comparable housing within a reasonable proximity to the city, and

the signiNcantly higher costs of other types of housing in the immediate area if park residents cannot relocate to

other mobilehome parks.

C. It is the intent and purpose of the city council in adopting this chapter to establish reasonable rules and

regulations in accordance with the authority granted by state law to mitigate the adverse eQects of relocation

upon mobilehome park residents who are confronted with a proposed change of use for their mobilehome park

or portions of the park and so that the owners and occupants of mobilehomes and the owners of mobilehome

parks understand their rights and responsibilities in such situations.

(Ord. 2230 NCS §1, 2006.)

A. "Applicant" means the person(s), Nrm(s), entity(ies) or corporation(s) applying for any application for the

purpose of converting, changing to another use, closing, or ceasing to use land as a mobilehome park. If the owner

of the controlling interest in a mobilehome park is not the applicant, then the applicant must provide evidence of

the controlling owner’s consent to the Nling of the application.

B. "Cessation of use of land as a mobilehome park" means a decision by the owner(s) of a mobilehome park to

discontinue the use of property as a mobilehome park which is not an adjudication of bankruptcy.

C. "Closure of a mobilehome park" means one of the following:

1. A closure of a mobilehome park occurs when less than seventy-Nve percent of the occupiable spaces are

leased by qualiNed homeowners as deNned in the Mobilehome Residency Law (Civil Code Section 798 et seq.).

However, upon application of a mobilehome park owner, the city council may, in its absolute discretion and upon a Nnding of good cause, determine that a closure of a mobilehome park is not occurring,

notwithstanding that less than seventy-Nve percent of the occupiable spaces are leased. Any such application

by the mobilehome park owner shall be accompanied by an estimate of a qualiNed appraiser as to the fair

market value of the mobilehome(s) and all associated Nxed property for which the foregoing exemption is

requested.

2. Notwithstanding the provisions set forth in subsection 1 of this deNnition, a closure of a mobilehome

park occurs when the city council, in its absolute discretion and upon a Nnding of good cause, determines that

the mobilehome park owner has acted and/or has failed to act in a manner which would cause a reasonable

person to conclude that the mobilehome park owner intends to eliminate or reduce mobilehome spaces

available for rent to the general public. Such acts or omissions include, but are not limited to, the withholding

of available mobilehome spaces under the control of the mobilehome park owner, and statements by

authorized agents and representatives of the mobilehome park owner to prospective buyers of the

mobilehome park that the mobilehome park is being closed by the mobilehome park owner.

D. "Comparable housing" means housing which is comparable in Ooor area and number of bedrooms,

bathrooms, and other rooms to the mobilehome to which comparison is being made, which housing meets the

minimum standards of the Uniform Housing Code.

E. "Comparable mobilehome park" means any other mobilehome park within Sonoma County, substantially

equal in terms of park amenities, rent and proximity to services.

F. "Conversion of a mobilehome park" means changing the use of a mobilehome park for a purpose other than

the rental, or the holding out for rent, of two or more mobilehome sites to accommodate mobilehomes used for

human habitation. A conversion shall include, but not be limited to, a change of any existing mobilehome park or

any portion thereof to condominium, stock cooperative, planned unit development, or any form of ownership

wherein spaces within the mobilehome park are to be sold, or the cessation of use of all or a portion of the park as

a mobilehome park, whether immediately or on a gradual basis, or the closure of a park. "Conversion of a

mobilehome park" shall not include a conversion of a mobilehome park to resident ownership.

G. "Conversion of a mobilehome park to resident ownership" means a sale, transfer or assignment of a

mobilehome park either directly or indirectly in whole or in part to mobilehome park’s homeowners and

prospective homeowners for the beneNt of the mobilehome park’s homeowners and prospective homeowners. A

conversion of a mobilehome park to resident ownership may include but not be limited to, conversion of the

community to a subdivision, condominiums, planned development, community apartments, stock cooperative,

other form of corporate ownership, or by a nonproNt organization qualiNed pursuant to Internal Revenue Code

Section 501(c)(3) for the homeowners’ or prospective homeowners’ beneNt. Notwithstanding any provision in this

chapter to the contrary, in the event the conversion of a mobilehome park to resident ownership is by a nonproNt

corporation qualiNed under Internal Revenue Code Section 501(c)(3), homeowners may or may not have the right

to participate through direct ownership of the mobilehome park and the nonproNt shall not be required to make

an oQer of participation to the homeowners.

H. "Homeowner" means the owner(s) of a mobilehome.

I. "Impact report" means a report required by California Government Code Sections 65863.7 and 66427.4, as

applicable, and containing the information set forth in Section 8.34.040. "Impact report" does not include the

impact required by Government Code Section 66427.5(b) for conversion to resident ownership.

J. "Long-term lot" means any mobilehome lot that has been occupied by the same mobilehome for at least nine

of the twelve months prior to the adoption of this chapter.

K. "Mobilehome" means a vehicle designed or used for human habitation and shall include camping trailers,

motorhomes, slide-in campers and trailers, when used as the occupant’s principal place of residence, and

mobilehomes as deNned in Health and Safety Code Section 18211.

L. "Mobilehome lot" means any area or tract of land, or portion thereof, occupied or held out for occupancy by

one mobilehome that is not owned by the park owner.

M. "Mobilehome park" means any area or tract of land where ten or more mobilehome lots are rented or leased

or held out for rent or lease to accommodate mobilehomes used for human habitation.

N. "Resident" means a homeowner or tenant.

O. "Tenant" means a person who occupies a mobilehome within a mobilehome park pursuant to a bona Nde

lease or rental agreement and who, during his or her tenancy, is not the owner or member of the immediate

household of the owner of the mobilehome.

(Ord. 2230 NCS §1, 2006.)

When an application has been made to the city for the redevelopment, closure or conversion of a mobilehome

park, the city shall inform the applicant, in writing, of local regulations regarding notiNcations to residents and

mobilehome owners within the aQected park, as well as the notiNcation requirements set forth in Section 798.56

of the Civil Code. This disclosure shall be made at least thirty days prior to any hearing on the application or the

relocation impact report. No hearing on the application shall be held or any other action on the application taken

until the applicant has satisfactorily veriNed that required notices have been provided. (Ord. 2230 NCS §1, 2006.)

A. Any person who Nles an application with the city for a general plan amendment or for a rezoning of land use

type or density, or for approval of a conditional use permit or any other application for the purpose of converting

a mobilehome park to another use, close a mobilehome park or cease to use land as a mobilehome park, shall

concurrently Nle with the city a mobilehome relocation impact report that complies with this section. No such

applications shall be considered or deemed complete or processed for consideration or approved unless and until

such relocation impact report is Nled and approved in accordance with this chapter.

B. At any time at which the occupancy of a mobilehome park is such that it meets the deNnition of "closure" as

set forth in this chapter, the owner shall immediately provide written notiNcation to the city of the event and shall

either Nle a request for the preparation of a relocation impact report or shall petition the city council to make a

Nnding that a closure is not occurring as set forth in Section 8.34.020(C).

C. The city shall select a consultant to perform the relocation impact report within ninety days of a written

request from the applicant. The applicant shall be noticed in writing of the estimated cost of the relocation impact

report and shall deposit that sum with the city prior to commencement of any work on the relocation impact

report. The city will then contract with a consultant for the preparation of the relocation impact report. Once an

application is Nled, the residents of the mobilehome park shall be notiNed by the city that an application has been

Nled and that the preparation of a relocation impact report will be required. The relocation impact report shall

contain, but need not be limited to, the following information:

1. A legal description of the property;

2. A map and a detailed description of the condition of the mobilehome park, including the nature and

location of structures, landscaping, easements, utilities and other on-site features and amenities;

3. The names and addresses of all mobilehome owners within the park (including absentee mobilehome

owners), as shown on the rental agreement for the mobilehome park spaces, and the names and addresses

of all mobilehome tenants within the park as of the date of the application;

4. The characteristics of each mobilehome within the park, listed by space number and address, including

the date of manufacture, type, width, living area, and number of bedrooms;

5. The number of spaces within the park, length of occupancy by the current occupant of each space and

the current lease rate for each space;

6. The total number of mobilehome residents, listed by space identifying owner or renter occupancy,

principal or second home occupancy, and the number of residents who are physically disabled, including the

chronically ill;

7. A description of the proposed new use and all discretionary approvals necessary therefor, if any;

8. The proposed timetable for conversion, closure or cessation of use of the land as a mobilehome park

   and for obtaining other discretionary approvals for the proposed use, if any;

   9. The location of all comparable mobilehome parks within Sonoma County, including the park name,

   number of lots, number of vacancies, lease rates and terms, policies and restrictions on the type of

   mobilehomes and residents accepted, amenities oQered and proximity to services (bus stops, grocery stores,

   hospitals, etc.);

   10. A determination based on the information provided in subsections (C)(4), (C)(5) and (C)(9) of this section

   of the total number of mobilehome units that are eligible to be relocated to a comparable mobilehome park;

   11. The estimated cost of relocating the mobilehomes identiNed in subsection (C)(10) of this section to

   available lots in mobilehome parks within the study area. The cost of relocating shall include the costs of

   dismantling, packing, moving, reassembling, rebuilding and unpacking, as necessary, the mobilehome, all

   personal property, skirting, tie-downs and all other associated structures and property;

   12. An estimate of the fair market value of each mobilehome and all associated Nxed property that cannot

   be relocated to a comparable mobilehome park. In determining fair market value, the consultant shall

   consider the mobilehomes in their current locations assuming the continuation of the mobilehome park in a

   safe, sanitary and well maintained condition with competitive lease rates. The consultant shall specify the

   basis for a conclusion that any mobilehome cannot be relocated to a mobilehome park and the basis for

   determining the value of the mobilehome;

   13. The availability and cost of rental housing of comparable size and quality in the city of Petaluma for each

   mobilehome park tenant;

   14. A relocation plan that will include a timetable for physically relocating the mobilehomes, or payment of

   relocation assistance;

   15. Proposed measures to mitigate the adverse impacts of the conversion upon each park resident based

   on Section 8.34.100;

   16. A list of persons, Nrms and organizations with proven expertise in the Nelds of housing and relocation of

   persons displaced from housing. This list shall include the names, addresses, telephone numbers, and fee

   schedules of persons who are qualiNed as mobilehome movers and appraisers of mobilehomes. The

   information shall include an explanation of the services that the housing specialists can provide;

   17. Any information which the city manager determines is necessary to address the speciNc issues raised by

   the application or the impact study and any information that may be necessary to implement provisions of

   this chapter.

(Ord. 2230 NCS §1, 2006.)

Not less than Nfteen days prior to a scheduled hearing before the city council, the park owner shall transmit to the

owner or occupant of each mobilehome occupying a site within the mobilehome park and to all other persons described in Section 8.34.050(C)(3), a copy of the relocation impact report, a copy of this chapter, and notices of

the dates, times and places of the public hearings or any informational meetings. The copies provided shall be free

of charge. Proof of service of distribution of the impact report to each resident must be Nled by the applicant with

the city manager seven days prior to the hearing and shall be signed under penalty of perjury. (Ord. 2230 NCS §1,

2006.)

When an application for a change of use and/or closure of a mobilehome park has been Nled with the city, the

park owner shall advise each prospective new resident who proposes to occupy a mobilehome within such park

after the Nling of such application, in writing, prior to the execution of a rental agreement or commencement of

such occupancy, whichever occurs Nrst, that such application has been Nled. (Ord. 2230 NCS §1, 2006.)

A. When an application has been Nled for a general plan amendment, rezoning, or conditional use permit for the

proposed change of use and/or closure of a mobilehome park, the city manager shall schedule a public hearing on

the relocation impact report before the city council within thirty days of receiving the relocation impact report. The

city council, in considering the relocation impact report, shall make written Nndings based on evidence regarding

the factors outlined in Section 8.34.090.

B. At the public hearing, all interested parties will be allowed to present evidence to the city council on any

aspect of the application. The evidence may include, but is not limited to, justiNcation for the payment of

relocation costs, including the fair market value of any mobilehome, evidence why a mobilehome cannot be

relocated to a comparable mobilehome park, and similar information.

C. If the city council is unable to make Nndings consistent with Section 8.34.090 and is unable to impose

reasonable measures as provided in Section 8.34.100 to mitigate the adverse impact(s) of relocation, the city

council shall deny the application for the proposed conversion, closure or cessation of use. No other permit or

approval shall be granted in furtherance of the proposed conversion, and no change of use, including cessation or

closure, shall occur unless a relocation impact report has been approved.

(Ord. 2230 NCS §1, 2006.)

The city council, in considering the relocation impact report, shall accept and hear evidence, shall consider such

evidence, and shall make written Nndings based on such evidence regarding each of the following factors and any

other factors as it deems appropriate:

A. That the relocation impact report provides the information required by state law and this chapter and that it

provides the city council with adequate information on the impacts of the park conversion in terms of disruption

to aQected residents and the methods available for addressing relocation needs.

B. That there will exist, at the time of conversion, closure or cessation of use, available mobilehome lots within

Sonoma County to accommodate the mobilehomes to be displaced.

C. That adequate options are available for residents who would be disrupted by the conversion.

D. That the relocation plan provides for reasonable costs of relocation based on the Nndings of the relocation

impact report.

E. If the proposed conversion is to another residential use, whether the residents of the mobilehome park will

have an opportunity to purchase, if for sale, or rent the new units, and whether the construction schedule will

result in unreasonably long-term displacements.

F. That the proposed conversion will not be detrimental to the public health, safety and general welfare.

G. That all reports and notices required by law have been properly prepared and properly served.

(Ord. 2230 NCS §1, 2006.)

In approving a relocation impact report, the city council may attach reasonable conditions in order to mitigate the

impacts associated with the conversion, closure or cessation of use. The speciNc conditions of approval of a

particular application shall be determined on an application-by-application basis with regard to the acts and

circumstances of the application, but shall not exceed the reasonable cost of relocation, as documented in the

relocation impact report. The city council shall require the applicant to enter into a written agreement with the city

to ensure compliance with and fulNllment of the conditions of approval, which may include but are not limited to

the following matters:

A. Payment of relocation assistance to each resident who resides in the mobilehome park as of and after the

date the application is Nled or the date a closure, conversion or cessation of use is deemed by the city council to

have commenced.

B. Payment of the cost of physically moving the mobilehome to a new site, including teardown and setup of

movable improvements such as patios, carports and porches; packing, moving and unpacking all personal

property; and in-transit costs for meals, lodging and gas.

C. Payment of a lump sum to compensate for payment of the Nrst and last month rent and any security deposit

at the new mobilehome park.

D. Payment of a lump sum to compensate for any diQerential between rental rates at the closing mobilehome

park and the new mobilehome park during the Nrst year of the new tenancy.

E. For tenants the costs may include all reasonable expenses incurred in moving to a new location, up to a

maximum distance of Nfty miles.

F. For homeowners who are unable to reasonably relocate their mobilehome, payment of fair market value for

their mobilehome, based on information contained in the approved relocation impact report.

G. Setting aside a certain number of aQordable units for the residents of the park, if the park is to be converted

to another residential use; or providing a certain number of aQordable units on-site or oQ-site, if the park is to be

converted to a use other than residential.

H. In order to facilitate a proposed conversion, closure, or cessation of use of a mobilehome park, the residents

and applicant may agree to mutually satisfactory conditions. To be valid, such an agreement shall be in writing,

shall include a provision stating that the resident is aware of the provisions of this chapter, shall include a copy of

this chapter as an attachment, shall include a provision in at least ten-point type which clearly informs the resident

of the right to seek advice of an attorney prior to signing the agreement with regard to the resident’s rights under

such agreement, and shall be drafted in the form and content otherwise required by applicable state law.

(Ord. 2230 NCS §1, 2006.)

The provisions of this chapter shall not apply if it is determined that the closure of a mobilehome park or cessation

of use of the land as a mobilehome 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 aQected park as a mobilehome park is

necessary. The documentation shall include the title, case number and court in which the bankruptcy proceedings

were held and certiNed copies of all pertinent judgments, orders and decrees of the court. (Ord. 2230 NCS §1,

2006.)

The city council may establish by resolution reasonable fees to cover any costs incurred by the city in

implementing this chapter. Such fees shall be paid by the park owner or applicant subject to the provisions of this

chapter, in accordance with the limitations of Section 65863.7(g) of the Government Code. (Ord. 2230 NCS §1,

2006.)