HomeMy WebLinkAboutStaff Report 6.A 12/19/2005CITY OF PETALUMA, CALIFORNIA 6.A
AGENDA BILL December 19, 20 W
Aeenda Title: Discussion and Possible Action on the Following Meetine Date: December 19, 2005
Items Regarding Existing Mobilehome Parks in the City of
Petaluma: A) Recommendation from the Planning Cornnission to
Adopt a Resolution to Amend the Text of the 1987-2005 Petaluma Meetine Time: ❑ 3:00 PM
General Plan to Add the Land Use Designation of "Mobilehome ® 7:00 PM
Park" and Amend the General Plan Land Use Map to Redesignate
Existing Mobilehome Parks to the "Mobilehome Park" Land Use
Designation; and Introduce an Ordinance to Amend the Zoning
Map to Rezone Existing Mobilehome Parks to the Mobilehome Park
(MH) Zoning District. B) Introduce an Ordinance to Amend Title 8
of the Petaluma Municipal Code to Add Chapter 8.34 "Mobilehome
Park Conversions"
Cateeory (check one): ❑ Consent Calendar ® Public Hearing ❑ New Business
❑ Unfinished Business ❑ Presentation
Department: Director:1 Contact Person: Phone Number:
Community Mike MoorrrJ Mike Moore 778-4301
Development //
Cost of Proposal: N/A Account Number: N/A
Amount Bud e¢ ted: N/A Name of Fund: N/A
Attachments to Aeenda Packet Item:
1) November 22, 2005 Staff Report to the Planning Commission
2) Resolution Amending the 1987-2005 Petaluma General Plan Text and Land Use Map
3) Ordinance Amending the City of Petaluma Zoning Map
4) Ordinance to Amend Title 8 of the Petaluma Municipal Code to Add Chapter 8.34 "Mobilehome Park
Conversions"
Summary Statement: On October 17, 2005, the City Council directed staff to initiate the process of amending the
1987-2005 General Plan text and map and the City's zoning map in order to redesignate and rezone all of the City's
seven mobilehome parks to reflect their current use as mobilehome parks. The City Council also directed staff to
prepare a "Mobilehome Park Conversion Ordinance," that would establish as a local procedure the steps that are now
required of a mobilehome park owner by state law before an existing park can be converted to another type of use.
On November 22, 2005, following a duly noticed public hearing, the Planning Commission unanimously
recommended that the City Council amend the 1987-2005 Petaluma General Plan text and map and amend the City
of Petaluma Zoning Map to redesignate and rezone existing mobilehome parks in the City of Petaluma to reflect their
current use as mobilehome parks. The attached ordinance amending the Municipal Code to add a chapter regulating
mobilehome park conversions is based on the ordinance adopted by the City of Sonoma and follows the applicable
provisions of the state Government Code and Civil Code.
Recommended Citv Council Action/Sueeested Motion:
1) Adopt the Resolution Amending the 1987-2005 General Plan Text and Land Use Map;
2) Introduce the Ordinance Amending the City of Petaluma Zoning Map; and
3) Introduce the Ordinance Amending the Petaluma Municipal Code to Add Chapter 8.34
Reviewed by Admin. Svcs. Dir:
Da('p 6r
Todav's Date:
December 6, 2005
Reviewed by City Attornev:
Date:
Revision # and Date Revised:
Appv Citv Manaeer:
9�1Date:
File Code:
CITY OF PETALUMA, CALIFORNIA
DECEMBER 19,2005
AGENDA REPORT
FOR
DISCUSSION AND POSSIBLE ACTION REGARDING EXISTING MOBILEHOME
PARKS IN THE CITY OF PETALUMA
EXECUTIVE SUMMARY:
On October 17, 2005, the City Council directed staff to initiate the process of amending the
1987-2005 General Plan text and map and the City's zoning map in order to redesignate and
rezone all of the City's seven mobilebome parks to reflect their current use as mobilehome parks.
The City Council also directed staff to prepare a "Mobilehome Park Conversion Ordinance," that
would establish as a local procedure the steps that are now required of a mobilehome park owner
by state law before an existing park can be converted to another type of use. On November 22,
2005, following a duly noticed public hearing, the Planning Commission unanimously
recommended that the City Council amend the 1987-2005 Petaluma General Plan text and map
and amend the City of Petaluma Zoning Map to redesignate and rezone existing mobilehome
parks in the City of Petaluma to reflect their current use as mobilehome parks. The attached
ordinance amending the Municipal Code to add a chapter regulating mobilehome park
conversions is based on the ordinance adopted by the City of Sonoma and follows the applicable
provisions of the state Government Code and Civil Code.
2. BACKGROUND:
Petaluma has seven mobilehome parks within the city limits (see attached map) and residents of
some of the parks have expressed some concern about the fact that the parks do not have the
appropriate General Plan land use designation and zoning to reflect their existing use as
mobilehome parks. The ciurent land use designations and zoning are shown in the following
table:
Mobilehome Park
Address
GP Land Use
Capri Mobile Villa
717 N. McDowell Blvd.
_Current
Urban Diversified
Leisure Lake Village
300 Stony Point Road
Urban Diversified
Little Woods Villa
1821 Lakeville Hwy.
Urban High
Petaluma Estates
901 N. McDowell Blvd.
Urban Diversified
Royal Oaks Senior
Wood Sorrell Drive
Urban Diversified
Community
Sandalwood Mobile
576 N. McDowell Blvd.
Urban Diversified
Park
Youngstown
911 N. McDowell Blvd.
Urban Diversified
Mobilehome Park
Current Zoning
Light Industrial (ML)
Mobilehome Park (MI -I)
Garden Apartment (RMG)
Garden Apartment (RMG)
Planned Unit District (PUD)
Garden Apartment (RMG)
Garden Apartment (RMG)
The 1987-2005 General Plan does not have a Mobilehome Park land use designation; however,
the draft of the 2025 General Plan will have that designation and a definition to go along with it.
In order to avoid any confusion with the new plan, the land use definition from the new 2025
General Plan is being recommended as the text amendment to the 1987-2005 General Plan. The
City already has a Mobilehome Park zoning district that has been in the zoning ordinance for
some time, even though it has only been applied to one existing park (Leisure Lake). Please note
that the district only regulates the establishment of new parks and the park's relationship to its
surroundings. Building and development standards within an existing park are governed by the
state Department of Housing and Community Development (HCD) and this general plan
amendment and rezoning process will not change that arrangement. A provision has been added
to the ordinance adopting the zoning map changes that also clarifies that the development
standards set forth in Section 8.1-500, which are intended to apply to the development of new
mobilehome parks in the City, shall not be applied in the existing parks, and that any
development standards applied to the development of new mobilehome parks must be consistent
with Title 25 of the California Code of Regulations, the state standards governing the
development of mobilehome parks. This section of the Zoning Ordinance will be addressed more
comprehensively as part of the City's development code update commencing in 2006.
The proposed Mobilehome Park Conversion ordinance establishes as local regulation the
procedures already set forth in Government Code Section 65863.7 and Civil Code Section
798.56.
3. ALTERNATIVES:
The City Council may choose to leave the existing mobilehome parks land use designations and
zoning as they currently stand and address this issue as part of the adoption process for the new
General Plan. The Council could also choose to not adopt the Mobilehome Park Conversion
Ordinance and implement the existing procedures in state law, as necessary.
4. FINANCIAL IMPACTS:
N/A
5. CONCLUSION:
The actions recommended by the Planning Commission and the proposed Mobilehome Park
Conversion Ordinance are consistent with the direction provided by the City Council in response
to the concerns raised by mobilehome park residents in the City.
6. OUTCOMES OR PERFORMANCE MEASUREMENTS THAT WILL IDENTIFY SUCCESS OR
COMPLETION:
7. RECOMMENDATION:
Adopt the attached Resolution and introduce the rezoning Ordinance as recommended by the
Planning Commission, and Introduce the Mobilehome Park Conversion Ordinance.
CITY OF PETALUMA, CALIFORNIA r
MEMORANDUM c
N
CoauaratityDerelopaientDepartiaeltt, 11 English Street, Petaluma, CA 94952 i
(707) 778-4301 Far (707) 778-4498 E-mail. edd @ci petahana.ca.as Q
- Z
DATE: November 15, 2005 AGENDA ITEM #1 Q
TO: Planning Commission
FROM: Mike Moore, Community Development Director
SUBJECT: General Plan and Zoning Amendments for Mobilehome Parks
BACKGROUND
Petaluma has seven mobilehome parks within the city limits (see attached map) and residents of
some of the parks have expressed some concern about the fact that the parks do not have the
appropriate General Plan land use designation and zoning to reflect their existing use as
mobilehome parks. The current land use designations and zoning are shown in the following
table:
Mobilehome Park
Capri Mobile Villa
Leisure Lake Village
Little Woods Villa
Petaluma Estates
Royal Oaks Senior
Community
Sandalwood Mobile
Park
Youngstown
Mobilehome Park
Address
717 N. McDowell Blvd.
300 Stony Point Road
1821 Lakeville Hwy.
901 N. McDowell Blvd.
Wood Sorrell Drive
576 N. McDowell Blvd.
911 N. McDowell Blvd.
Current GP Land Use
Urban Diversified
Urban Diversified
Urban High
Urban Diversified
Urban Diversified
Urban Diversified
Urban Diversified
Current Zoning
g
Li ht Industrial (ML)
Mobilehome Park (MH)
Garden Apartment (RMG)
Garden Apartment (RMG)
Planned Unit District (PUD)
Garden Apartment (RMG)
Garden Apartment (RMG)
On October 17, 2005, the City Council directed staff to initiate the process of amending the
1987-2005 General Plan text and map and the City's zoning map in order to redesignate and
rezone all of the City's seven mobilehome parks to reflect their current use as mobilehome parks.
The City Council also directed staff to prepare a "Mobilehome Park Conversion Ordinance," that
would establish as a local procedure the steps that are now required of a mobilehome park owner
by state law before an existing park can be converted to another type of use. This ordinance will
be an amendment to the Municipal Code and does not affect existing general plan policy or
zoning requirements. For this reason, only the City Council will be holding a public hearing and
taking action on that proposed ordinance at their meeting of December 19, along with a public
hearing and action on the mobilehome park general plan and rezoning recommendations of the
Planning Commission.
The 1987-2005 General Plan does not have a Mobilehome Park land use designation; however,
the draft of the 2025 General Plan will have that designation and a definition to go along with it.
In order to avoid any confusion with the new plan, the land use definition from the new 2025
General Plan is being recommended as the text amendment to the 1987-2005 General Plan. The
City already has a Mobilehome Park zoning district that has been in the zoning ordinance for
some time, even though it has only been applied to one existing park (Leisure Lake). A copy of
the Mobilehome Park Zoning District regulations are attached for your information. Please note
that the district only regulates the establishment of new parks and the park's relationship to its
surroundings. Building and development standards within an existing park are governed by the
state Department of Housing and Community Development (HCD) and this general plan
amendment and rezoning process will not change that arrangement.
RECOMMENDATION
Staff recommends that the Planning Commission recommend that the City Council approve the
following amendments to the 1987-2005 General Plan text and map and to the City's Zoning
Map. These amendments are not subject to the California Environmental Quality Act ("CEQA")
pursuant to Section 15060(c)(2): the activity will not result in a direct or reasonably foreseeable
indirect physical change in the environment; and Section 15060(c)(3): the activity is not a project
as defined in Section 15378) of the CEQA Guidelines because it has no potential for resulting in
physical change to the environment, directly or indirectly. The recommendation is based on the
following findings:
1. The proposed amendments are deemed to be in the public interest.
2. The proposed amendments are consistent and compatible with the rest of the General
Plan and the Zoning Ordinance and will create a consistency between General Plan
land use and zoning for the subject properties that had not existed prior to this action.
3. The potential impacts of the amendments have been assessed and have been
determined not to be detrimental to the public health, safety and welfare.
4. The proposed amendments have been processed in accordance with the applicable
provisions of the California Government Code and the California Environmental
Quality Act.
Arnendine the 1987-2005 General Plan Text:
Recommend to the City Council that Section 4.7, "Land Use Definitions", of the 1987-2005
Petaluma General Plan be amended to add the following land use designation and definition:
Mobilehome Park. Residential mobilehome developments of eight or more mobile home units,
with densities ranging from 8.0 to 18.0 units per gross acre. Mobilehomes are the only allowed
housing type.
Amending the 1987-2005 General Plan Man:
Recommend to the City Council that the 1987-2005 General Plan Land Use Map be amended to
change the existing land use designations for the seven mobilehome parks listed as follows to the
designation of "Mobilehome Park" as defined in the amended General Plan text.
Mobilehome Park
Capri Mobile Villa
Leisure Lake Village
Little Woods Villa
Petaluma Estates
Current GP Land Use
Urban Diversified
Urban Diversified
Urban High
Urban Diversified
Recommended GP Land Use
Mobilehome Park (MH)
Mobilehome Park (MH)
Mobilehome Park (MH)
Mobilehome Park (MH)
I
Royal Oaks Senior
Community
Sandalwood Mobile
Park
Youngstown
Mobilehome Park
Amendine the Zonine Man:
Urban Diversified
Urban Diversified
Urban Diversified
Mobilehome Park (MH)
Mobilehome Park (MH)
Mobilehome Park (MII)
Recommend to the City Council that the City's Zoning Map be amended to rezone six of the
seven mobilehome parks (Leisure Lake is already zoned Mobilehome Park) listed as follows to
the zoning district of Mobilehome Park (M -H).
Mobilehome Park
Capri Mobile Villa
Little Woods Villa
Petaluma Estates
Royal Oaks Senior
Community
Sandalwood Mobile
Park
Youngstown
Mobilehome Park
Attachments:
Current Zoning Recommended Zoning
Light Industrial (ML) Mobilehome Park (MH)
Garden Apartment (RMG) Mobilehome Park (MH)
Garden Apartment (RMG) Mobilehome Park (MH)
Planned Unit District (PUD) Mobilehome Park (ME)
Garden Apartment (RMG)
Garden Apartment (RMG)
Mobilehome Park (MH)
Mobilehome Park (MH)
Location Map
Zoning Ordinance Article 8.1:Mobilehome Park (M -H) Zoning District
FA
Lemurs Los. MI IP
Zoning - MHP
GPLU - UO
Youngstown MHP
Zoning -RMG
GPLU - UO
Petaluma Estates MNP
Zoning - RMG
GPLU - UO
F
N
GIS Division -COU
C"
o Pataluma
N/ E Calirornia
Nmember 14, ZGG5
Coal Moblla Villas
Zonino - Ll
GPLU-UO
Mobile Home Park
Locations
Royal Oaks MHP
Zonin,-PUG l
\ GPLU - UO \
Sandlawood MHP C �\ \ p'Z ••\
Zoning -RMG
rlFt _ ` ` •[ i - GPLU-UG "� :.\ r'�:, h� •\
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iLZoning ds MHP \ - \" �_ h /�H\HGjON p \ LAKEVILLEST \ ZGPL -RMG
� Z� 1� GPLU - UH
�1�SSEPHP
CITY OF PETALUNIA
ZONING ORDINANCE NO. 1072 N.C.S
ARTICLE 8.1
M -H MOBILE HOME PARK DISTRICT
SECTION 8.1-100. PURPOSE. It is the purpose of the M -H District to provide areas within the
City of Petaluma where the predominant use will be for mobile home parks. The M -H District is
intended to provide convenient housing primarily for single persons and couples without
children.
SECTION 8.1-200, PERMITTED PRINCIPAL USES. The following are the principal uses
permitted in the M -H District as long as all the standards listed below under Section 8.1-500,
General Provisions for Mobile Home Parks, are met:
8.1-201 Residential mobile home park
8.1-202 All incidental uses located on the same site and oriented for the use of the
residents of the mobile home park such as, but not necessarily limited to,
community centers, laundry centers, community pool, car wash, and other
recreational facilities.
8.1-203 Small Family Day Care.
SECTION 8.1-300. PERMITTED ACCESSORY USES. The following are accessory uses
permitted in the M. H District:
8.1-301 Signs, in accordance with the provisions of Section 8.1-500 below.
8.1-302 Home occupations, subject to approval by the Zoning Administrator -Director.
Home occupation questionnaire must be submitted to assure compliance with the
provisions of Section 21-202.
8.I-303 Off-street parking areas.
8.1-304 Other accessory uses and accessory buildings customarily appurtenant to a
permitted use, in accordance with provisions of Section 21-201.
8.1-305 Exempt telecommunications facilities in accordance with all applicable provisions
of Chapter 14.44 of the Petaluma Municipal Code, except within a recognized
Historic District where otherwise exempt facilities are considered mini facilities
subject to administrative site plan and architectural review. (Ord. 2039 N.C.S.,
11/96)
8.1-306 Mini telecommunications facilities, in accordance with all applicable provisions
of Chapter 14.44 of the Petaluma Municipal Code, which have received site plan
and architectural review and approval by the Planning Director (except within a
recognized Historic District or on a recognized Historic Landmark where mini
telecommunications facilities shall require a minor conditional use permit and
Historic Site Plan and Architectural Review). (Ord. 2039 N.C.S., 11/96)
ARTICLE 8.1 - M -H MOBILE HOME PARK DISTRICT PAGE 8.1-1 1
CITY OF PETALUMA ZONNG ORDINANCE No. 1072 N.C.S
SECTION 8.1-400. CONDITIONAL USES. The following are the conditional uses permitted in
the M -H District, in accordance with the provisions of Article 21 and Section 26-500:
8.1-401 Incidental services, such as restaurants and retail sales to serve residents may be
permitted, provided there is no exterior evidence visible from any street frontage
or any display of advertising, and such activities are conducted in space which are
integral parts of a main building.
8.1-402 Sale and display of mobile homes.
8.1-403 Public and quasi -public buildings and uses of a recreational, educational,
religious, cultural or public service types, storage or repair yards, and warehouses.
8.1-404 Day care center.
SECTION 8.1-500, DEVELOPMENT PLAN REOUIRED. GENERAL PROVISIONS FOR.
MOBILE HOME PARKS. Applicants for M -H District Zoning shall submit an application on a
form approved by the Planning Department, which application shall be accompanied by a
proposed development plan. Review of said development plan shall be conducted utilizing the
same procedure and requiring the same findings as set out for P.U.D. Districts, in Section 19-900
through 19-1500, except that the finding required by Section 19-900 need not be made. Proposed
development pians shall comply with the requirements set out below and Sections 19-901 to 19-
1500, except that where a conflict exists, this Chapter shall govern. The approved development
plan shall constitute the development plan for the district and shall be adhered to in any
subsequent approval. Amendments to the development plan may be made using the procedure
set out in Section 19-1005 through 19-1005.4.
8.1-501 Yard and setback standards. The following minimum standards with respect to
setback, side and rear yard, shall apply to the perimeters of a mobile home park:
8.1-501.1 Yard setbacks shall be measured perpendicular to the property line or from a
future street or highway line as shown on the Petaluma General Plan or adopted
precise street plan line.
8.1-501.2 Yard setback provisions shall apply to main and accessory structure, including
mobile home pads.
8.1-501.3 Each mobile home park shall have a front yard setback of twenty-five (25) feet
extending for the full width of the parcel devoted to said use.
8.1-501 A Each mobile home park shall have a rear and side yard setback of not less than
twenty (20) feet, except where the side or rear yards abut the street, in which event
the setback shall be not less than twenty-five (25) feet.
8.1-501.5 Walls and screening: Appropriate decorative screening of not less than six (6)
feet in height shall be constructed along all boundaries adjoining other properties.
Three and one-half (3-1/2) foot high screening shall be constructed along all
boundaries adjoining a street or road. The screening herein required shall be
designed so as to effectively screen the property, and may be constructed of solid
or other material such as, but not necessarily limited to, block masonry, pilaster
wooden fencing, and wooden fencing.
PAGE 8.1-2 ARTICLE 8.1 - M -H MOBILE HOME PARK DISTRICT to
CrrY OF PETALUMA
ZONING ORDINANCE NO. 1072 N.C.S
8.1-502 The following standards shall apply to the interior facilities of a mobile home
park:
8.1-502.1 Community center area (park and recreational space): A minimum of two
hundred fifty (250) square feet of net usable area per unit shall be provided for a
combination of both indoor and outdoor community recreation and service
facilities. Indoor facilities shall be provided on a basis of fifty (50) square feet per
unit for the first one hundred fifty (150) units and ten (10) square feet for each
additional unit. If the development of the park is to be done in phase construction,
then the community center area must be developed during the construction of
Phase No. 1.
8.1-502.2 Parking requirements: At least one (1) parking space (10' x 20') on each mobile
home space shall be provided with the overall parking requirements to provide
that there shall be a total of not less than two (2) 10'x20' spaces per mobile home
space. Additional guest and service parking may be required as a condition of site
design review and shall be dispersed adequately within the development.
3.1-502.3 Interior access drives: Access drives shall be paved to a width of not less than
twenty-five (25) feet from shoulder to shoulder. Access drives shall be thirty-
three (33) feet in width if car parking is permitted on one (1) side and forty-one
(41) feet in width if car parking is permitted on both sides.
8.1-502.3(a) All drives shall be paved with asphaltic concrete on adequate subbase material
with concrete curbs and gutters. All such construction and improvement shall be
in accordance with City subdivision standards or other minimum as established by
the Department of Public Works.
8.1-502.3(b) No access drive shall be located closer than one hundred (100) feet to any public
street intersection.
8.1-502.3(c) All dead end drives shall have a minimum outside turning radius of thirty-eight
(38) feet.
8.1-502.3(d) All corners shall have a minimum fifteen (15) foot radius.
8.1-502.3(e) Curbs and gutters shall be installed on both sides of all access drives.
8.1-502.3(f) All access drives shall be adequately lighted.
8.1-502.3(g) Each site shall front on an access drive.
8.1-502.3(h) Stop signs shall be provided at all intersections with public streets.
8,1-502.4 Setback requirements (interior):
8.1-502.4(a) There shall be not less than ten (10) feet of space between each mobile home.
Where residential mobile homes are located near any permitted building or
structure, other than another mobile home, the minimum space between the
mobile home and said building or structure shall be twenty (20) feet.
ARTICLE 8.1 - M -H MOBILE HOME PARK DISTRICT PAGE 8.1-3 11
CITY OF PETALUMA
ZONING ORDNANCE NO. 1072 N.C.s
8.1-502.4(b) Front yard: There shall be a minimum front yard of ten (10) feet extending for the
full width of the mobile home space.
8.1-502.4(c) Side and rear yards: There shall be a minimum side and rear yard of five (5) feet
from all space lines. Where the side or rear yard abuts an access road, public
parking area or walk, said side or rear yard shall not be less than ten (10) feet.
8.1-502.5 Storage areas: Individual storage areas for each mobile home site shall be
provided as part of the development. Service vehicles and equipment used for
maintenance of the mobilehome park shall be stored in enclosed or in fenced
areas. A storage area may be provided for the benefit of the residents in which to
store boats, small trailers and other sundry type licensed vehicles. These areas
must be thoroughly screened and fenced and designed so as to be easily accessible
and compatible with the residential spaces.
8.1-502.6 Management office: Each mobile home park shall maintain a management office
which shall be permanently installed as such and which shall meet all
requirements of law and with respect to sanitation and other like facilities. The
management office shall provide suitable facilities for mail distribution.
8.1-502.7 Pedestrian walkway: Interior pedestrian walkways shall be required for interior
pedestrian movement and shall be separate from and over and above any
requirements for vehicular traffic.
8.1-502.8 Any other uses which are clearly incidental and subordinate to the principal use
may be installed into the development, but must have site design approval by
Planning Commission.
8.1-503 Landscaping: A comprehensive landscape plan shall be required which will
indicate open space, lawn, recreational areas, tree plantings and shrubbery, and
proposed types of plantings.
PAGE 8.1-4
ARTICLE 8.1 - M -H MOBILE HOME PARK DISTRICT J�
1 RESOLUTION NO. N.C.S.
2
3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA
4 APPROVING AN AMENDMENT TO THE 1987-2005 GENERAL PLAN TEXT
5 AND LAND USE MAP TO REDESIGNATE EXISTING MOBILEHOME PARKS
6 IN THE CITY OF PETALUMA
7
8 WHEREAS, on October 17, 2005, the City Council directed staff to proceed to amend
9 the 1987-2005 General Plan text and map in order to redesignate existing mobilehome
10 parks in the City of Petaluma to a land use designation of "Mobilehome Park"; and
11
12 WHEREAS, the Planning Commission reviewed the proposed text amendment to add a
13 land use category of "Mobilehome Park" and amend the General Plan Land Use Map
14 accordingly on November 22, 2005; and
15
16 WHEREAS, all reports and comments from the Planning Commission were forwarded
17 to the City Council; and
18
19 WHEREAS, the City Council held a duly noticed public hearing to consider this
20 amendment on December 19, 2005, and considered all written and verbal
21 communications before rendering its decision; and
9?
23 WHEREAS, these amendments are not subject to the California Environmental Quality
24 Act ("CEQA") pursuant to Section 15060(c)(2): the activity will not result in a direct or
25 reasonably foreseeable indirect physical change in the environment; and Section
26 15060(c)(3): the activity is not a project as defined in Section 15378) of the CEQA
27 Guidelines because it has no potential for resulting in physical change to the environment,
28 directly or indirectly. .
29
30 NOW, THEREFORE, BE IT RESOLVED that the Petaluma City Council herby
31 approves the requested amendment to the General Plan text and Land Use Map to adopt a
32 "Mobilehome Park" land use designation and definition and to change the applicable land
33 use designations based upon the following findings:
34
35 1. That the proposed amendment is deemed to be in the public interest.
36
37 2. That the proposed General Plan amendment is consistent and compatible with the
38 rest of the General Plan and any implementation programs that may be affected.
39
40 3. That the potential impacts of the proposed amendment have been assessed and
41 have been determined not to be detrimental to the public health, safety, or welfare.
42
43 4. That the proposed amendment has been processed in accordance with the
44 applicable provisions of the California Government Code and the California
45 Environmental Quality Act.
46
N
C
N
E
L
U
Co
a
I BE IT FURTHER RESOLVED, that Section 4.7, "Land Use Definitions", of the 1987-
2 2005 Petaluma General Plan is hereby amended to add the following land use designation
3 and definition:
4
5 Mobilehome Park. Residential mobilchome developments of eight or more mobile home
6 units, with densities ranging from 8.0 to 18.0 units per gross acre. Mobilehomes are the
7 only allowed housing type.
8
9 BE IT FURTHER RESOLVED, that the 1987-2005 General Plan Land Use Map be
10 amended to change the existing land use designations for the seven mobilehome parks
I I listed as follows to the designation of "Mobilehome Park" as defined in the amended
12 General Plan text.
13
Mobilehome Park
Capri Mobile Villa
Leisure Lake Village
Little Woods Villa
Petaluma Estates
Royal Oaks Senior
Community
Sandalwood Mobile
Park
Youngstown
Mobilehome Park
14
Mobilehome Park (MH)
15
ADOPTED this
16
Mobilehome Park (MH)
17
AYES:
18
NOES:
19
ABSENT:
20
ABSTAIN:
21
22
23
24
ATTEST:
25
26
27
28
City Clerk
Current GP Land Use Adopted GP Land Use
Urban Diversified
Mobilehome Park (MH)
Urban Diversified
Mobilehome Park (MH)
Urban High
Mobilehome Park (MH)
Urban Diversified
Mobilehome Park (MH)
Urban Diversified
Mobilehome Park (MH)
Urban Diversified
Urban Diversified
day of
Mobilehome Park (MH)
Mobilehome Park (MH)
2005, by the following vote:
Mayor
APPROVED AS TO FORM:
City Attorney
1�
ORDINANCE NO.
Introduced by Councihnember
N.S.C.
Seconded by Councilmember
AMENDING THE ZONING MAP OF THE CITY OF PETALUMA TO REZONE
EXISTING MOBILEHOME PARKS WITHIN THE CITY OF PETALUMA
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
FOLLOWS:
Section 1. The City Council finds that on November 22, 2005, the Planning Commission
recommended the adoption of an amendment to City of Petalmna Zoning Map, to
reclassify and rezone existing mobilehome parks in the City of Petaluma to the
Mobilebome Park (M -H) zoning district as follows:
Mobilehome Park
Current Zoning
Recommended Zoning
Capri Mobile Villa
Light Industrial (NII.)
Mobilehome Park (M14)
Little Woods Villa
Garden Apartment (RMG)
Mobilehome Park (MH)
Petaluma Estates
Garden Apartment (RMG)
Mobilehome Park (MH)
Royal Oaks Senior
Planned Unit District (PUD)
Mobilehome Park (MH)
Community
Sandalwood Mobile
Garden Apartment (RMG)
Mobilehome Park (Mli)
Park
Youngstown Garden Apartment (RMG) Mobilehome Park (MH)
Mobilehome Park
Section 2. The City Council further finds that said Planning Commission held a public
hearing on said proposed amendment on November 22, 2005, after giving notice of said
hearing, in the manner, for the period, and in the form required by said Ordinance No.
1072 N.C.S., as amended.
Section 3. Pursuant to the provisions of Zoning Ordinance No. 1072 N.C.S., as
amended, the City Council finds as follows:
The proposed Amendment to the City of Petaluma Zoning Map., to classify and
rezone the subject mobilehome parks Mobilehome Park will result in said parks
having a zoning and General Plan land use designation that are consistent with
each other.
2. The public necessity, convenience and welfare clearly pen -nit and will be
furthered by the proposed Amendment to the Zoning Map.
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3. The amendment is not subject to the California Environmental Quality Act
("CEQA") pursuant to Section 15060(c)(2): the activity will not result in a direct
or reasonably foreseeable indirect physical change in the environment; and
Section 15060(c)(3): the activity is not a project as defined in Section 15378) of
the CEQA Guidelines because it has no potential for resulting in physical change
to the environment, directly or indirectly.
Section 4. Pursuant to the provisions of Zoning Ordinance No. 1072 N.C.S., and based
upon the evidence it has received and in accordance with the findings made, the City
Council hereby adopts an amendment to said Zoning Map., so as to reclassify and rezone
said mobilehome parks, in accordance with the recommendation of the Planning
Commission and Article 8.1 of Zoning Ordinance No. 1072 N.C.S., the Mobilehome
Park (M -H) Zoning District.
Section 5. The City Council finther finds and declares that the development standards
contained within Section 8.1-500 of Article 8.1, Mobilehome Park (M -H) Zoning District
do not and shall not apply to existing mobilehome parks in the City of Petaluma and that
the state Department of Housing and Community Development (HCD), in accordance
with Title 25 of the California Code of Regulations, is responsible for enforcing all
development standards in existing mobilehome parks in the City of Petaluma.
Section 6. If any section, subsection, sentence, clause or phrase or word of this
Ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by
a court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council of the City of Petaluma hereby
declares that it would have passed and adopted this Ordinance and each and all provisions
thereof irrespective of the fact that any one or more of said provisions be declared
unconstitutional, unlawful or otherwise invalid.
Section 7. The City Clerk is hereby directed to post this Ordinance for the period and in
the mariner required by the City Charter.
INTRODUCED and ordered Posted/Published this day of
ADOPTED this day of , 2005, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
9
ATTEST:
Citv Clerk
Mayor
APPROVED AS TO FORM:
City Attorney
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ORDINANCE NO. N.S.C.
Introduced by Councihnember Seconded by Councilmember
AMENDING TITLE 8 OF THE PETALUMA MUNICIPAL CODE TO ADD
CHAPTER 8.34, "MOBILEHOME PARK CONVERSIONS"
WHEREAS, mobilehome parks in the City of Petaluma provide a more affordable
housing choice for many older residents of the City; and
WHEREAS, the City Council of the City of Petaluma has determined that the possible
conversion of existing mobilehome parks in the City of Petaluma is a matter of concern and
could result in detrimental impacts to the health, safety and welfare of the affected residents; and
WHEREAS, the state of California, through Government Code Section 65863.7 and
Civil Code Section 798.56, has established a procedure through which mobilehome parks may be
converted to another use; and
WHEREAS, the City Council has determined that the aforementioned state regulations
should be incorporated in to the Petaluma Municipal Code as local regulations of the City of
Petaluma.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PETALUMA DOES
ORDAIN AS FOLLOWS:
Section 1. Title 8 of the Petaluma Municipal Code is hereby amended to add Chapter
8.34, Mobilehome Park Conversions, as follows:
Chapter 8.34
Mobilehome Park Conversions
Sections:
8.34.010
Purpose and intent
8.34.020
Definitions
8.34.030
Applicability
8.34.040
Disclosure of notification requirements
8.34.050
Relocation impact report required
8.34.060
Notice and distribution of relocation impact report
8.34.070
Notice to new residents
8.34.080
Hearing on relocation impact report
8.34.090
Findings
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8.34.100
Relocation Assistance
8.34.110
Bankruptcy exemption
8.34.130
Administration Fee
8.34.010 Pumose and intent
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 file 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 effects of the change of use upon the tenants of the mobilehome park who
would be displaced by such change.
B. The city council finds and determines that unless mitigation measures are undertaken, the
conversion, closure or cessation of use of mobilehome parks could 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.
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 effects 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.
8.34.020 Definitions
A) "Applicant" means the person(s), firm(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
filing 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 75 percent of the
occupiable spaces are leased by qualified homeowners as defined 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 finding of good cause, determine that a
closure of a mobilehome park is not occurring, notwithstanding that less than 75 percent of the
occupiable spaces are leased. Any such application by the mobilehome park owner shall be
accompanied by an estimate of a qualified appraiser as to the fair market value of the
mobilehome(s) and all associated fixed property for which the foregoing exemption is requested.
2. Notwithstanding the provisions set forth in subsection 1 of this definition, a closure
of a mobilehome park occurs when the city council, in its absolute discretion and upon a finding
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 floor 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 mobilebome 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 benefit 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 nonprofit organization qualified pursuant to Internal Revenue Code
Section 501(c)(3) for the homeowners' or prospective homeowners' benefit. Notwithstanding
any provision in this chapter to the contrary, in the event the conversion of a mobilehome park to
resident ownership is by a nonprofit corporation qualified 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 nonprofit shall not be required to make an offer of participation to
the homeowners.
H) "Homeowner" means the owner(s) of a mobilehome.
1) "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 -tern lot" means any mobilebome lot that has been occupied by the sante
mobilehome for at least nine of the 12 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 defined 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 10 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 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.
8.34.030 Annlicability
For applications involving the redevelopment, closure, or conversion of a mobilehome park that
include a subdivision map, the provisions of Chapter 8.34 shall apply. The provisions of this
chapter shall not apply to such applications, except as specifically referenced in Chapter 8.34.
8.34.040 Disclosure of notification reauirements
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
notifications to residents and mobilehome owners within the affected park, as well as the
notification requirements set forth in Section 798.56 of the Civil Code. This disclosure shall be
made at least 30 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 verified that required notices have been provided.
8.34.050 Relocation imnact renort required
A. Any person who files 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 file 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 filed 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
definition of "closure" as set forth in this chapter, the owner shall immediately provide written
notification to the city of the event and shall either file a request for the preparation of a
relocation impact report or shall petition the city council to make a finding 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 90 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 filed, the
residents of the mobilehome park shall be notified by the city that an application has been filed
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
therefore, if any;
S. 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 offered and proximity
to services (bus stops, grocery stores, hospitals, etc.);
10. A determination based on the information provided in subsections (C)(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 (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 fixed
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
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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, 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 that the housing specialists can provide;
17. Any information which the city manager 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.
8.34.060 Notice and distribution of relocation imnact report
Not less than 15 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 filed by the applicant with the city
manager seven days prior to the hearing and shall be signed under penalty of perjury.
8.34.070 Notice to new residents
When an application for a change of use and/or closure of a mobilehome park has been filed with
the city, the park owner shall advise each prospective new resident who proposes to occupy a
mobilehome within such park after the filing of such application, in writing, prior to the
execution of a rental agreement or commencement of such occupancy whichever occurs first,
that such application has been filed.
8.34.080 Hearine on relocation imnact report
A. When an application has been filed 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 30 days of receiving the relocation impact report. The city council, in considering
the relocation impact report, shall make written findings 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,
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justification 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 findings 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.
8.34.090 Findinas
The city council, in considering the relocation impact report, shall accept and hear evidence,
shall consider such evidence, and shall make written findings based on such evidence regarding
each of the following factors and any other factors as it deems appropriate:
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 affected 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 findings
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.
8.34.100 Relocation Assistance
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
specific conditions of approval of a particular application shall be determined on an application -
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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 fulfillment 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 resided in the mobilehome park as
of and after the date the application is filed 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 first and last month rent and
any security deposit at the new mobilehome park.
D. Payment of a lump sum to compensate for any differential between rental rates at the
closing mobilehome park and the new mobilehome park during the first 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 50 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 affordable units for the residents of the park, if the park
is to be converted to another residential use; or providing a certain number of affordable units
on-site or off-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.
8.34.110 Bankruntcv exemntion
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
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closure or cessation of use of the affected 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 certified copies of all pertinent judgments, orders and decrees of the
court.
8.34.120 Administration Fee
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.
Section 2. This ordinance is not subject to the California Environmental Quality Act
("CEQA") pursuant to Section 15060(c)(2): the activity will not result in a direct or reasonably
foreseeable indirect physical change in the environment; and Section 15060(c)(3): the activity is
not a project as defined in Section 15378) of the CEQA Guidelines because it has no potential
for resulting in physical change to the environment, directly or indirectly.
Section 3. If any section, subsection, sentence, clause or phrase or word of this
Ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court
of competent jurisdiction, such decision shall not affect the validity of the remaining portions of
this Ordinance. The City Council of the City of Petaluma hereby declares that it would have
passed and adopted this Ordinance and each and all provisions thereof irrespective of the fact
that any one or more of said provisions be declared unconstitutional, unlawful or otherwise
invalid.
Section 4. The City Clerk is hereby directed to post this Ordinance for the period and in
the manner required by the City Charter.
INTRODUCED and ordered Posted/Published this day of
ADOPTED this day of 2005, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
Mayor
APPROVED AS TO FORM:
City Attorney
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