HomeMy WebLinkAboutOrdinance 2230 N.C.S. 01/09/20061
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EFFECTIVE DATE
OF ORDINANCE
February 9, 2006
Introduced by
Mike O'Brien
ORDINANCE NO. 2230 N.C.S.
Seconded by
Mike Harris
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 Reserved
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
8.34.100 Relocation Assistance
Ordinance No. 2230 N.C.S.
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8.34.1 10 Bankruptcy exemption
8.34.120 Administration Fee
8.34.010 Purpose 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.
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 persons), firm(s), entity~ies) or corporations) 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
owners) 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:
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
Ordinance No. 2230 N.C.S.
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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.
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.
"Comparable mobilehome park" means any other mobilehome park within
Sonoma County, substantially equal in terms of park amenities, rent and proximity
to services.
"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
Ordinance No. 2230 N.C.S. Page 3
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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.
"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(6) for conversion to resident ownership.
"Long-term lot" means any mobilehome lot that has been occupied by the same
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 trdilers, when used as
the occupant's principal place of residence, and mobilehomes as defined in
Health and. Safety Code Section 1821 1.
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 Reserved
8.34.040 Disclosure of notification requirements
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 impact report 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
Ordinance No. 2230 N.C.S. Page 4
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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;
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;
Ordinance No. 2230 N.C.S. Page 5
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A description of the proposed new use and all discretionary approvals
necessary therefore, 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;
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 determihation based on the information provided in subsections (C) (4),
(5) and (9) of this section of the total number of mobilehome units that are
eiigible to be relocated to a comparable mobilehome park;
1 1. 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 fora 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, 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
Ordinance No. 2230 N.C.S. Page 6
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and any information that may be necessary to implement provisions of
this chapter.
8.34.060 Notice and distribution of relocation impact 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 Hearin on relocation impact 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, 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 Findings
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
Ordinance No. 2230 N.C.S. Page 7
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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.
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.
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.
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-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.
Ordinance No. 2230 N.C.S. Page 8
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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.
Fo.r tenants the costs may include all reasonable expenses incurred in moving to
a new location, up to a maximum distance of 50 miles.
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 conversidn, 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.
8.34.1 10 Bankruptcy exemption
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 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.
Ordinance No. 2230 N.C.S.
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2 Section 3. If any section, subsection, sentence, clause or phrase or word of this
3 Ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court
4 of competent jurisdiction, such. decision shall not affect the validity of the remaining portions. of
5 this Ordinance. The City Council of the City of Petaluma hereby declares that it would .have
6 passed and adopted this Ordinance and each and all provisions thereof irrespective of the fact
7 that any one or more of said provisions be declared unconstitutional, unlawful or otherwise
8 invalid.
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10 Section 4. The City Clerk is hereby directed to post this Ordinance for the period and in
11 the manner required by the City Charter.
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13 INTRODUCED and ordered posted this 19th day of December 2005.
14 ADOPTED this 9th day of January 2006 by the following vote:
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16 AYES: Vice Mayor Canevaro, Mayor Glass, Harris, Nau, O'Brien, Torliatt
17 NOES: None
18 ABSENT: Healy
19 ABSTAIN: None
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26 David Gass, Mayor
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30 ATTEST: APPROVED AS TO FORM:
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36 Claire Cooper, City Clerk Eric W. Danly, Ci Attorney
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Ordinance No. 2230 N.C.S. Page 10