Chapter 6-67 — MOBILEHOME PARK CONVERSIONS

• (A) Government Code Sections 65863.7 and 66427.4 and Civil Code Section 798.56, authorize the City to require an impact report and mitigation measures as a condition of conversion of an existing mobilehome park to another use or closure of a mobilehome park or cessation of use of land as a mobilehome park or the filing of a subdivision map application connected with a conversion of use for a mobilehome park.

• (B) The Council finds that unless mitigation measures are undertaken, the conversion, closure or cessation of use of mobilehome parks would have a substantial adverse effect upon park residents in terms of cost of relocation, scarcity of similar comparable housing within a reasonable proximity to the City, and the significantly higher costs of other types of housing in the immediate area if park residents cannot relocate to other mobilehome parks. Mobilehomes cannot be easily relocated due to the age of the homes, the cost of moving and relocation and the scarcity of vacant spaces in the vicinity. When a mobilehome in an existing park is sold, it is generally sold in place and not often moved from its location. Mobilehome owners have invested substantial sums in the acquisition, installation and maintenance of their mobilehomes. For most residents, these homes represent the owner's principal financial asset. One direct result of a change of use of a mobilehome park, unless mitigated, can be the destruction of the value of the mobilehome and difficulty in finding adequate replacement housing. Relocating park residents to an area in excess of 20 miles from their existing home creates special hardships, particularly for elderly residents, who need to be in proximity to their family, caregivers, medical care providers and social service support networks. A move in excess of 20 miles would disrupt these support resources, would jeopardize the jobs of those residents currently employed and would not constitute adequate replacement housing for such residents.

• (C) It is the purpose of the City Council in adopting this chapter to establish reasonable regulations in accordance with the authority granted by State law to mitigate the adverse effects of relocation upon mobilehome park residents who are confronted with a proposed change of use for their mobilehome park.

• (D) It is the purpose of the City Council in adopting this chapter to establish uniform procedures and standards for reasonable relocation benefits and assistance in the case of a conversion, closure or cessation of use of a mobilehome park so as to implement State law and so that the owners of mobilehome parks understand their rights and responsibilities. The requirements of this chapter are in addition to all other land use regulations which are applicable.

• (Ord. 3262 § 1, 1996)

As used in this chapter:

"Applicant" means the person, firm, entity or corporation applying for any conversion, change of use, closure, or cessation of use of 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 filing of the application.

"Housing specialist" means a person with expertise in assisting mobilehome owners in searching for replacement housing, in the valuation of housing, including mobilehomes, and in determining the reasonable cost of relocation.

"Mobilehome owner" means a person who owns and resides within a mobilehome as a primary residence.

"Mobilehome park" or "park" means any area of land within the City of Santa Rosa where two or more mobilehome spaces are rented, or held out for rent, to accommodate mobilehomes used for human habitation.

"Tenant" means a person who occupies a mobilehome within a mobilehome park pursuant to a bona fide 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. 3262 § 1, 1996)

• (A) Any person who files an application with the City for a general plan amendment, rezoning, tentative map, conditional use permit or any other application for the purpose of converting a mobilehome park to a condominium, stock cooperative, or any other form of ownership wherein mobilehome spaces within the park are to be sold for residential use, or to change to another use, and any person who decides to close a mobilehome park or cease to use the land as a mobilehome park, shall file with the City a relocation impact report that complies with this section. No application shall be complete until the relocation impact report is filed.

• (B) The Director of Community Development, or designee, shall provide a list of consultants qualified to prepare the relocation impact report. Park owners and mobilehome owners may suggest names of consultants to be placed on the list.

• (C) The park owner and a representative selected by mobilehome owners within the park shall meet and attempt to agree on a consultant chosen from the list. If they do not agree, the park owner and the representative shall flip a coin to determine who goes first and shall then alternate in striking names from the list until only one consultant's name remains.

• (D) After the consultant is selected, the applicant shall deposit the estimated cost of the relocation impact report with the Department of Community Development prior to commencement of any work on the relocation impact report and shall pay to City the actual cost of the report upon completion. The City shall then contract with the consultant who has been selected for the preparation of the relocation impact report. Once the consultant is selected, the applicant shall notify the residents of the mobilehome park within 15 days that the relocation impact report is being prepared. The relocation impact report shall contain 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 onsite improvements;

  • (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;

• (4) The date of manufacture of each mobilehome within the park, the model and trade name of the mobilehome, length and width, number of bedrooms, and number identifying the mobilehome space being occupied. No listing is required for mobilehome(s) owned by park owner;

• (5) The number of spaces within the park, length of occupancy by the current occupant of each space and the current rent and utilities for each space;

• (6) The total number of mobilehome residents occupying each space, identifying owner or renter occupancy and whether the mobilehome is the principal residence of the owner;

• (7) A description of the proposed new use and all discretionary approvals necessary therefor;

• (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;

• (9) The location of all comparable mobilehome parks within a 20-mile radius from the City limits, including the park name, number of lots, number of vacancies, rent including utilities, policies, and restrictions on type of mobilehomes and residents accepted, amenities offered and proximity to services (bus stops, grocery stores, hospitals, etc.);

• (10) A determination based on the information provided in subsections (D)(4), (5) and (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 identified in subsection (D)(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 and the replacement value of each mobilehome and all associated fixed property that cannot be relocated to a comparable mobilehome park. In determining fair market value and the replacement 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 mobilehomes;

• (13) The availability and cost of rental housing of comparable size and quality within a 20-mile radius of the City limits for each mobilehome park tenant;

• (14) A relocation plan, including a timetable for physically relocating the mobilehomes, payment of relocation assistance and purchase of mobilehome;

• (15) Proposed measures to mitigate the adverse impacts of the conversion upon each mobilehome owner as required in Section 6-67.090;

  • (16) A list of persons, agencies, firms and organizations with proven expertise in the fields 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 qualified as mobilehome movers and appraisers of mobilehomes. The information shall include an explanation of the services available to both owners and tenants which the housing specialists can provide; and

• (17) Any information which the Department of Community Development determines is necessary to address the specific issues raised by the application or the impact study and any information that may be necessary to implement provisions of this chapter.

• (Ord. 3262 § 1, 1996)

• (A) Not less than 30 days prior to a public hearing before the Planning Commission, the applicant shall transmit to the owner and to the occupants of each mobilehome occupying a site within the mobilehome park, a copy of the relocation impact report, a copy of this chapter, and notices of the dates, times and places of the public hearings and the informational meeting o be held pursuant to subsection (B) of this section.

• (B) Not less than 14 days prior to the public hearing before the Planning Commission, the applicant shall conduct not less than one informational meeting for the residents of the mobilehome park regarding the status of the application for change of use and/or closure, the timing of the proposed relocation of mobilehome owners, and the nature of the relocation benefits the park owner proposes to make available. The meeting shall be conducted on the premises of the mobilehome park or other suitable location as determined by the City. A housing specialist(s) designated in the relocation impact report shall be present at such hearing.

• (Ord. 3262 § 1, 1996)

When an application has been filed, the park owner shall advise each prospective new resident who proposes to occupy a mobilehome within the park in writing, prior to the execution of a rental agreement or commencement of such occupancy, whichever occurs first, that the application has been filed.

(Ord. 3262 § 1, 1996)

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.

(Ord. 3262 § 1, 1996)

The Planning Commission shall hold a public hearing on the sufficiency of the relocation impact report for all applications described in Section 6-67.030 and upon the written request, filed within 30 days of the filing, of either the person or entity filing the report or any resident of the park when the report is filed because of the closure of a mobilehome park or the cessation of use of the land as a mobilehome park. Following the close of a hearing, the Planning Commission shall determine whether the report is or is not sufficient. If found insufficient, the report shall be revised by the consultant until, following a further public hearing, the Planning Commission determines that the report, as revised, is sufficient. (Ord. 3262 § 1, 1996)

• (A) The Planning Commission shall determine as to applications described in Section 6-67.030 what conditions are necessary to mitigate the adverse impact on the mobilehome owners' ability to find adequate housing and may impose such conditions upon any required approval of any such application. The cost of such conditions shall not exceed the reasonable cost of relocation.

• (B) The specific conditions of approval of an application shall be determined by the Planning Commission with regard to the facts and circumstances of the particular application and may include:

  • (1) Payment of relocation assistance to each mobilehome owner who resides in the mobilehome park on and after the date the application is filed or an earlier or later date established by the Planning Commission;

  • (2) Payment of the cost of physically moving the mobilehome to a new site, including tear-down and setup of movable improvements such as patios, carports and porches, utility hookups; packing, moving and unpacking all personal property; and in-transit costs for meals, lodging and gas;

  • (3) Payment of a lump sum to compensate for payment of the first and last months' rent and any security deposit at the new mobilehome park or other acceptable rental housing;

  • (4) Payment of a lump sum to compensate for any differential between rental rates at the closing mobilehome park and the new mobilehome park or other acceptable rental housing during the first year of the new tenancy;

  • (5) Payments of all reasonable expenses incurred in moving to a new location, up to a maximum distance of 20 miles;

  • (6) For mobilehome owners who are unable to reasonably relocate their mobilehome, payment for their mobilehome based on information contained in the approved relocation impact report;

  • (7) Setting aside a certain number of affordable units for the mobilehome owners of the park, if the park is to be converted to another residential use; or providing a certain number of affordable units off-site, if the park is to be convened to a use other than residential.

• (C) In order to facilitate a proposed conversion, or change of use of a mobilehome park, the mobilehome owners and the applicant may agree to mutually satisfactory conditions which differ from those specified by this section.

City of Santa Rosa, CA § 6-67.080 BUSINESS TAXES, LICENSES AND REGULATIONS

§ 6-67.100

• (Ord. 3262 § 1, 1996)

• (A) After the date of approval of the relocation impact report, the applicant shall:

  • (1) Use its best efforts so that not later than 30 days from the approval, the housing specialist(s) makes personal contact with each mobilehome owner of the mobilehome park and commence consultation to determine the proper relocation assistance to be provided. The housing specialist shall give each mobilehome owner eligible to receive relocation assistance written notice of his or her relocation assistance;

  • (2) Not later than four months from the approval, allow mobilehome owners who are entitled to make selections between alternate benefits to make such selection in writing. The alternate benefits selected shall be submitted to the applicant on a form provided by the housing specialist;

  • (3) Not less than 35 days prior to the date any mobilehome owner is required to vacate the mobilehome park, place into escrow any required monetary relocation assistance to each mobilehome owner.

• (B) The date upon which any mobilehome owner or the mobilehome park owner is required to vacate such park or upon which the owner of any mobilehome is required to be removed from the mobilehome park shall be not less than six months from the date of notice of termination of tenancy and not less than 35 days from the date of payment of any relocation benefits.

• (C) No building permit shall be issued for development unless and until the applicant files a statement with the Department of Community Development made under penalty of perjury, that all relocation assistance payments pursuant to this chapter have been paid.

• (Ord. 3262 § 1, 1996)

The City Council may establish by resolution reasonable fees paid by the applicant to cover any costs incurred by the City in implementing this chapter. (Ord. 3262 § 1, 1996)