Chapter 17.46
CONVERSION OF MOBILEHOME PARK TO OTHER USES
Sections:
17.46.040 Disclosure of notification requirements.
17.46.060 Right of negotiated purchase.
17.46.070 Notice to prospective residents.
17.46.080 Supplemental information required.
17.46.090 Conversion impact report.
17.46.100 Special notice and informational meeting requirements.
17.46.110 Mitigation of adverse impacts and reasonable costs of relocation.
17.46.120 Public hearings – Findings.
17.46.130 Applicant obligations after approval of the conversion impact report.
17.46.140 Issuance of grading and/or building permits.
17.46.150 Fees for costs incurred.
17.46.160 Occupancy of park below twenty percent or other evidence of park closure.
17.46.010 Purpose.
A. The purpose of this chapter is to ensure that any proposed conversion of an existing mobilehome park to another use, including a proposal to close a mobilehome park or to cease using the land upon which the mobilehome park is located as a mobilehome park, is consistent with the provisions of this chapter, Section 65863.7 of the Government Code and Section 798.56 of the Civil Code. This requires that the conversion of a mobilehome park be preceded by adequate notice, the filing and distribution of a conversion impact report on the effect of a conversion on mobilehome park residents, and the adoption of measures imposed on the applicant to mitigate the adverse effects on mobilehome park residents displaced by such conversion.
B. The city council finds and declares that unless mitigation measures are required in conformance with Government Code Section 65863.7 and this chapter, the conversion of mobilehome parks could have a substantial adverse effect upon park residents in terms of cost of relocation, the scarcity of similar comparable housing within a reasonable proximity to Cotati, and significantly higher costs for 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 standards and requirements 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 conversion of their mobilehome park or portions of the park. (Ord. 817 § 2(part), 2008).
17.46.020 Definitions.
As used in this chapter, the following words and phrases shall have the following meanings:
“Applicant” means the person, firm, entity or corporation applying for the conversion, closure or cessation of the use of the land at issue as a mobilehome park or any part thereof. If the owner of the controlling interest in the mobilehome park is not the applicant, then the applicant must provide evidence of the controlling owner’s consent to the filing of the application.
“Comparable housing” means housing that is comparable in floor area and number of bedrooms to the mobilehome to which comparison is being made, which housing meets the minimum standards of the State Uniform Housing Code.
“Comparable mobilehome park” means any other mobilehome park substantially equivalent in terms of park conditions, amenities, rent and other relevant factors, such as proximity to public transportation and shopping, the job market where a displaced resident is gainfully employed, social services which are used by a displaced resident, and proximity to schools if the resident has school-age children.
“Conversion of a mobilehome park” means a change in the use of a mobilehome park to a purpose other than the rental, or the holding out for rent, of some or all of the mobilehome lots at the mobilehome park to accommodate mobilehomes used for human habitation. A conversion shall also include the closure or cessation of all or a portion of the park as a mobilehome park, whether immediately or on a gradual basis.
“Designated resident organization” means any association of mobilehome owners and/or mobilehome residents within a mobilehome park which has, not later than fifteen days after issuance of a notice of intent to convert a mobilehome park, provided the owner or manager of the mobilehome park written notice of the following:
1. The name and address of the organization;
2. The name and address of the representative of the organization to whom all notices under this chapter shall be given;
3. A statement that the organization is interested in purchasing the mobilehome park.
“Disabled mobilehome owner” means a mobilehome owner who is the primary wage earner of a household, or a single person, with any medically determinable physical or mental impairment limiting his or her mobility, substantially affecting his or her ability to obtain employment, or requiring special care facilities in the mobilehome. “Physical or mental impairment” is an impairment that results from anatomical, physiological or psychological abnormalities which are demonstrable by medically acceptable clinical or laboratory diagnostic techniques.
“Mobilehome” means a structure designed for human habitation or for being moved on a street or highway with a permit pursuant to Section 35790 of the Vehicle Code. Mobilehome includes a manufactured home, as defined in Section 18007 of the Health and Safety Code, and a mobilehome as defined in Section 18008 of the Health and Safety Code, but does not include a recreational vehicle, as defined in Civil Code Section 799.29, a commercial modular, as defined in Section 18001.8 of the Health and Safety Code, or factory-built housing, as defined in Section 19971 of the Health and Safety Code.
“Mobilehome lot” means a portion of a mobilehome park designated or used for the occupancy of one mobilehome.
“Mobilehome owner” means a person who has the right to the use of a mobilehome lot within a mobilehome park on which to locate, maintain, and occupy a mobilehome, lot improvements and accessory structures for human habitation, including the use of the services and facilities of the park.
“Mobilehome park” means an area of land where two or more mobilehome lots are rented or leased, or held out for rent or lease, to accommodate mobilehomes used for human habitation.
“Mobilehome resident” means a person, including a mobilehome owner, who occupies a mobilehome. (Ord. 817 § 2(part), 2008).
17.46.030 Exemptions.
A. This chapter shall not apply to conversion projects which include a subdivision map except as specifically required by Chapter 17.79 of this title.
B. This chapter shall not apply when the closure or cessation of use of a mobilehome park results from an adjudication of bankruptcy. It shall be the responsibility of the applicant to present Cotati with certified copies of all court documents which establish that the closure or cessation results from a bankruptcy adjudication. (Ord. 817 § 2(part), 2008).
17.46.040 Disclosure of notification requirements.
When an application has been made to the city for the conversion of a mobilehome park, the city shall inform the applicant, in writing, of the provisions of Civil Code Section 798.56 and of all applicable city requirements which impose on the applicant the duty to notify the residents and mobilehome owners of the mobilehome park about the conversion application. Notice shall be transmitted to the residents and mobilehome owners by either mail, return receipt requested, or by personal service. When personal service is made, a written certificate of proof of service shall be filed with the city. This disclosure shall be made at least thirty days prior to any hearing on the application. No hearing on the application shall be held or any other action taken on the application until the applicant has verified, to the satisfaction of the city, that required notices have been provided to the residents and mobilehome owners. (Ord. 817 § 2(part), 2008).
17.46.050 Applicability.
A. No legislative action or discretionary land use permit for the conversion of a mobilehome park shall be approved until a conversion impact report has been submitted as required by this chapter and the Cotati city council, at a public hearing, has considered and approved the conversion impact report and the city council has imposed conditions to mitigate the adverse impacts on mobilehome owners and mobilehome residents caused by the conversion of the mobilehome park. The conditions imposed by the city council to mitigate the adverse impacts on mobilehome owners shall not exceed the reasonable cost of relocation.
B. No closure of a mobilehome park or cessation of the use of the land as a mobilehome park shall occur until a conversion impact report has been submitted as required by this chapter and the Cotati city council, at a public hearing, has considered and approved the conversion impact report and the city council has imposed conditions to mitigate the adverse impacts on mobilehome owners and mobilehome residents caused by the closure of the mobilehome park or the cessation of the use of the land as a mobilehome park. The conditions imposed by the city council to mitigate the adverse impacts on mobilehome owners shall not exceed the reasonable cost of relocation. (Ord. 817 § 2(part), 2008).
17.46.060 Right of negotiated purchase.
A. At least ninety days prior to the date of filing an application to convert a mobilehome park to another use, to close the mobilehome park or to cease the use of the land as a mobilehome park, the applicant shall notify, in writing by certified mail, each mobilehome owner, mobilehome resident and the designated resident organization of the proposed project of the applicant’s intention to convert. Said notice of intention to convert shall contain a statement that (1) the applicant proposes a conversion of the mobilehome park; (2) the applicant will file an application for conversion with Cotati; (3) a designated resident organization has the rights set forth in subsection C of this section; and, if applicable, (4) the applicant shall file an application for a final public report with the California Department of Real Estate.
B. A designated resident organization shall have the right to negotiate for purchase of a mobilehome park for which a conversion is proposed, if the designated resident organization mails a written notice of its intention to exercise this right to the applicant within thirty days of the date of issuance of the notice of intention to convert.
C. If the designated resident organization has provided written notice to the applicant within the time provided for above, the applicant and the designated resident organization shall enter into good faith negotiations for the purchase of the mobilehome park by the designated resident organization. This good faith negotiation period shall continue until the end of the ninety-day notice period provided for above. The applicant and the designated resident organization may agree to shorten the good faith negotiation period and the applicant may agree to extend such period. Cotati shall not accept an application for the conversion of the mobilehome park as complete unless the applicant verifies, under penalty of perjury, compliance with this section and compliance with the good faith negotiation obligation with the designated resident organization which is imposed by this section. (Ord. 817 § 2(part), 2008).
17.46.070 Notice to prospective residents.
When an application to convert a mobilehome park to another use, to close the mobilehome park or to cease the use of the land as a mobilehome park has been filed with the city, the mobilehome park owner shall advise each prospective mobilehome owner and each prospective mobilehome resident who proposes to rent a mobilehome lot or rent a mobilehome within such park in writing of such application and of the mobilehome park owner’s desire to convert the mobilehome park. This written notice shall be provided to each prospective mobilehome owner or mobilehome resident either prior to the execution of a rental agreement or commencement of occupancy, whichever occurs first. Notice that an application to convert the mobilehome park to another use, to close the mobilehome park or to cease the use of the land as a mobilehome park shall also be posted at all entrances of the mobilehome park and in a conspicuous location in the mobilehome park office and clubhouse. (Ord. 817 § 2(part), 2008).
17.46.080 Supplemental information required.
A. In addition to the materials which must be submitted in connection with any legislative action or discretionary land use permit for the conversion of a mobilehome park to another use, the applicant shall file the following information as part of the application to convert a mobilehome park to another use, to close the mobilehome park or to cease the use of the land as a mobilehome park:
1. A declaration that, after the date of filing of such application, each prospective mobilehome owner and mobilehome resident of the mobilehome park shall receive written notice that complies with the requirements of Section 17.46.070, and that the mobilehome park owner has posted the signage also required by Section 17.46.070;
2. A declaration, under penalty of perjury, that the applicant has complied with the right of negotiated purchase obligations provided for in Section 17.46.060;
3. A statement detailing the current ownership of all improvements and underlying land; the name and address of each present mobilehome resident and mobilehome owner within the mobilehome park on three sets of gummed labels for the mailing of public hearing notice;
4. A timetable for conversion, closure or cessation of the mobilehome park use;
5. A conversion impact report on the impact of the conversion project on the mobilehome park residents which complies with the requirements of Section 17.46.090 and Section 65863.7 of the California Government Code;
6. A boundary map and survey showing the location of all existing easements, structures, mature and/or scenic trees, and other improvements upon the property;
7. If applicable, the proposed organizational documents and true copies of any and all documents submitted to the California Department of Real Estate for the proposed conversion project subject to the following provisions:
a. The applicant shall file with Cotati a true copy of any amended, revised or additional documents submitted to the Department of Real Estate ten days prior to the public hearing before the planning commission on the conversion project,
b. The applicant shall file with Cotati a true copy of the final public report within ten days of issuance by the Department of Real Estate;
8. An official site plan for the mobilehome park;
9. Such other documents or information as Cotati may require to further the purposes of this chapter.
B. Copies of the complete application to convert a mobilehome park to another use, including the application materials required in connection with any legislative action or discretionary approvals for the conversion, plus the supplemental information required by this section, shall be made available upon request at the on-site office of the mobilehome park, during regular business hours, to mobilehome owners and mobilehome residents. In the event the application is revised in order that the city may accept the application as complete, a copy of the revised application shall be made available at the on-site office of the mobilehome park, during regular business hours, to mobilehome owners and mobilehome residents. (Ord. 817 § 2(part), 2008).
17.46.090 Conversion impact report.
A. All applicants filing an application to convert a mobilehome park to another use, to close the mobilehome park or to cease the use of the land as a mobilehome park shall file a conversion impact report as part of the application. No application shall be deemed complete unless a conversion impact report has been filed and the city had determined that the report complies with the requirements of this section.
B. At a minimum, the conversion impact report shall include the following, as well as any other information deemed necessary and appropriate by the city:
1. A detailed description of the mobilehome spaces within the mobilehome park, including but not limited to:
a. The total number of mobilehome spaces in the park and the number of spaces occupied; the monthly space vacancy over the preceding two years of each mobilehome lot proposed to be converted,
b. The square footage of each mobilehome lot and the length of time each space has been occupied by the present resident(s) thereof,
c. The age, size, and type of mobilehome occupying each space,
d. The current or last monthly rent charged for each space, including any utilities or other costs paid by the present resident(s) thereof, and the rental rate for the preceding two years;
2. Identification of all residents sixty-two years and over, all residents with minor children, all permanently disabled residents, all mobilehome owners on rent control, all mobilehome owners on leases and all residents of the mobilehome park who live in a park-owned mobilehome and pay rent for both the mobilehome and the mobilehome lot. The number of very-low, low, and moderate income residents shall also be provided;
3. A listing of those mobilehome owners and mobilehome residents in the mobilehome park entitled to relocation assistance benefits pursuant to the provisions of this chapter and a listing of those mobilehome owners and residents whom the applicant believes are not entitled to such assistance as well as the reasons therefor;
4. A list of all mobilehome parks within Cotati, Sonoma County, and within a fifty-mile radius and an identification of which of those mobilehome parks have vacancies and an identification of which of those mobilehome parks are comparable to the mobilehome park which is the subject of the conversion application. This list shall include the age of the mobilehome park and the mobilehomes therein, a schedule of rents for each park listed including the types of leases offered, the reported rent, and the criteria of the management of each park for acceptance of new tenants and used mobilehomes. Information pertaining to rent control, the availability of medical and dental services, shopping facilities, and all nearby social and religious services and facilities shall also be included. The report shall also include any written commitments from the mobilehome park owners that they are willing to accept displaced mobilehome owners with the listing of known available mobilehome lots;
5. A detailed analysis of the economic impact of the relocation on the mobilehome owner, including comparisons of current rents paid for mobilehome lots and rents to be paid for mobilehome lots at comparable mobilehome parks within Cotati, Sonoma County and other mobilehome parks within a fifty-mile radius;
6. The identification of two moving companies, which must be approved by the city, along with the address and telephone numbers of these moving companies, with estimates as to the per mile costs of moving mobilehomes of various sizes including, but not limited to, tear down and set up of mobilehomes, and the moving of personal property, and any direct or indirect costs associated with a relocation of a mobilehome to another mobilehome park;
7. The availability and cost of rental housing of comparable size and quality in Cotati and Sonoma County. The report shall include the identification and rent levels for all apartment complexes of forty or more units within a fifteen-mile radius of Cotati;
8. The identification of two moving companies, which must be approved by Cotati, along with the address and telephone numbers of these moving companies, with estimates as to the costs by weight, volume or other identified basis for the moving of the furnishings and personal possessions of the mobilehome owners and residents to other rental housing if it becomes infeasible to move to another mobilehome park;
9. The identification of three Members of the Appraisal Institute (“MAI”), appraisers of mobilehomes, who must be approved by Cotati, along with the address, telephone number and fee schedule for each approved appraiser;
10. The identification of three housing specialists, who must be approved by the city, along with the address, and telephone number of each housing specialist. The services which shall be provided by the housing specialists include, but are not limited to, assistance in locating a suitable replacement mobilehome park, coordination of moving the mobilehome and personal property, assistance in locating comparable rental housing, the moving of furnishings and other possessions to such rental housing and any other tasks necessary to facilitate the relocation to other comparable housing;
11. The report shall also contain the property owner’s best estimate of the number of mobilehomes in the park being closed that may be accommodated in other locations and the number of mobilehomes for which no reasonable alternative location exists;
12. A relocation plan, which must include a timetable for implementing the physical relocation of mobilehomes, the securing of comparable housing for persons whose mobilehomes cannot be relocated and the implementation of other relocation assistance;
13. Such other documents or information as the city manager may reasonably require as part of the conversion impact report.
C. Cotati, at its option and sole discretion, may have the conversion impact report reviewed by a qualified consultant. The applicant shall pay the full cost and expense of such review. Upon notification by the city manager that the city desires a review of the conversion impact report, the applicant shall pay to the city, within ten days of date of notice from the city, the amount determined necessary by the city to perform this review. If the city’s initial estimate is not sufficient, the applicant shall pay all other reasonable amounts determined to be necessary by the city to complete this review within ten days of the date of notice by the city for such additional funds. If the city manager determines it necessary, the applicant shall revise the conversion impact report in conformance with the consultant review and recommendations. (Ord. 817 § 2(part), 2008).
17.46.100 Special notice and informational meeting requirements.
A. In addition to the notice otherwise required in connection with any legislative action or the issuance of discretionary permits in connection with the proposed conversion of a mobilehome park to another use, the following notice shall be given in all instances involving an application to convert a mobilehome park to another use, to close the mobilehome park or to cease the use of the land as a mobilehome park.
1. At least fifteen days before the date set for hearing before the planning commission and city council, a notice of the time, place, and purpose of any public hearing on an application for a conversion of the mobilehome park shall be sent by the city to each resident and mobilehome owner of the mobilehome park.
2. A copy of the staff report prepared for the hearing before the planning commission and city council on the mobilehome park conversion application shall be mailed to each mobilehome owner and each mobilehome park resident at least five days before the date set for hearing.
3. The failure of the city to mail any notice or report, or the failure of any mobilehome owner or resident to receive the same, shall not affect the validity of any proceedings taken under this chapter, nor prevent the planning commission or city council from proceeding with any hearing at the time and place set therefor.
B. In addition to the above noticing requirements and at least fifteen days prior to the date of a public hearing before the planning commission and/or city council, the applicant shall cause to be prepared and installed at all park entrances signage describing the proposed conversion project and the date, time and location of the public hearing. The sign material, color, type style, size and installation shall be approved by the city manager.
C. Within five days of receipt of a final public report on the proposed project from the California Department of Real Estate, if applicable, the applicant shall notify each of the mobilehome owners and residents of the mobilehome park of the issuance of said report. The notice shall indicate that copies of said report are available on request.
D. At the time an application is filed to convert a mobilehome park to another use, to close the mobilehome park or to cease the use of the land as a mobilehome park, and prior to the planning commission public hearing on the application, the city manager shall hold an educational forum for the mobilehome owners and mobilehome park residents to explain the application process and the requirements for, and components of, a conversion impact report. Simplified educational materials regarding the ordinance shall be prepared, as appropriate, for distribution to the residents and mobilehome owners.
E. The cost to the city in providing the notice and conducting the educational forum, including the preparation of educational materials, shall be included as part of the fees established by the city in implementing this chapter as provided for in Section 17.46.150. (Ord. 817 § 2(part), 2008).
17.46.110 Mitigation of adverse impacts and reasonable costs of relocation.
A. All mobilehome owners who rented a mobilehome lot in the mobilehome park, and all mobilehome residents who rented a mobilehome from the park owner as of the date of the notice provided in Section 17.46.060(A) shall be entitled to the reasonable costs of relocation as provided for herein.
B. The city council, upon reviewing the conversion impact report and the recommendation of the planning commission, shall require the applicant to mitigate the adverse impacts caused by the conversion of a mobilehome park to another use, the closure of the mobilehome park or the cessation of the use of the land as a mobilehome park in a manner not to exceed the reasonable costs of relocation.
C. As used in this chapter, the reasonable costs of relocation shall include:
1. The reasonable cost of relocating a displaced mobilehome owner’s mobilehome, accessories, and possessions, including the costs for disassembly, removal, transportation, and reinstallation of the mobilehome and accessories at the new site, and replacement or reconstruction of the blocks, skirting, siding, porches, decks, awnings, storage sheds, cabanas, and earthquake bracing if necessitated by the relocation; indemnification for any damage to personal property of the mobilehome owner caused by the relocation; reasonable living expenses of displaced mobilehome owner from the date of actual displacement to the date of occupancy at the new site; payment of any security deposit required at the new site; and the difference between the rent paid for a mobilehome lot in the existing park and any higher rent for a mobilehome lot at the new site for the first twenty-four months of the relocated tenancy. For disabled mobilehome owners, the reasonable cost of relocation shall mean any higher rent for a mobilehome lot at the new site for the first thirty-six months of the relocated tenancy.
2. If the city council determines that a particular mobilehome cannot be relocated to a comparable mobilehome park within Cotati or Sonoma County (and no other identified location is acceptable to the homeowner) and the mobilehome owner has elected to sell his or her mobilehome, then the city council may, as a part of the reasonable cost of relocation as provided in Government Code Section 65863.7(e) require the applicant to provide for the purchase of the mobilehome. The purchase price shall be determined based upon consideration of factors, including the value of the mobilehome in its current location including the blocks, skirting, siding, porches, decks, awnings, storage sheds, cabanas, and earthquake bracing, and assuming the continuation of the mobilehome park in a safe, sanitary, and well-maintained condition, and not considering the effect of the conversion on the value of the mobilehome. The purchase price shall be determined by an appraisal of the mobilehome by one of the appraisers listed in the conversion impact report. The applicant shall be responsible for the entire cost of the appraisal. If the mobilehome owner disputes the value of a mobilehome, the mobilehome owner shall select one of the other appraisers listed in the conversion impact report to prepare an appraisal. The mobilehome owner shall be responsible for paying the costs of that appraisal. The appraisals shall be made no more than sixty days prior to their submittal. The mobilehome owner shall be entitled to the average of the appraisals performed by the applicant and the mobilehome owner.
3. For those mobilehome owners and mobilehome residents who move to other rental housing, the reasonable cost of relocation shall include a rent subsidy for twenty-four months based on the difference between the rent of the rental housing leased by the mobilehome owner or mobilehome resident and the rent of the mobilehome lot or mobilehome on the date of the notice provided for in Section 17.46.060(A). A disabled mobilehome owner shall be entitled to a rent subsidy for thirty-six months. The reasonable cost of relocation shall also include reasonable living expenses from the date of actual displacement to the date of occupancy at the new site, payment of any security deposit required at the new site and reasonable moving expenses for furnishings and personal property from the mobilehome park to the new site.
D. The applicant and a mobilehome owner or mobilehome resident may agree to other mutually satisfactory relocation assistance. To be valid, such an agreement must be in writing and must include a provision stating that the mobilehome owner or mobilehome resident is aware of the provisions of this chapter and voluntarily agrees to the relocation assistance contained in the agreement. A copy of this chapter shall be included as an attachment to the agreement. The agreement shall contain a provision in at least ten-point type clearly stating the importance of obtaining legal advice prior to the signing of the agreement and the applicant and mobilehome owner shall initial that portion of the agreement.
E. When any mobilehome owner or mobilehome resident gave notice of his/her intent to move prior to the date of the notice provided for in Section 17.46.060(A), eligibility for the costs of relocation shall be forfeited.
F. A mobilehome owner or mobilehome resident who moves to the mobilehome park after having received notice pursuant to Section 17.46.070 shall not be entitled to the reasonable costs of relocation if such person has executed a written agreement waiving the receipt of the reasonable costs of relocation. To be effective, the waiver must contain the text of this chapter and must state that the person executing the waiver has read and understood his or her rights pursuant to this chapter and knowingly agreed to waive those rights. (Ord. 817 § 2(part), 2008).
17.46.120 Public hearings – Findings.
A. A public hearing on the conversion impact report shall be held in conjunction with any public hearing by the planning commission and city council on any legislative action and discretionary land use approvals required for the conversion of the mobilehome park to another use. If the applicant seeks only to close the mobilehome park, or cease the use of the land as a mobilehome park, the planning commission and city council shall conduct a public hearing on the conversion impact report as a condition to the applicant’s ability to close the mobilehome park or cease the use of the land as a mobilehome park.
B. The planning commission shall make a recommendation to the city council on the adequacy of the conversion impact report.
C. Upon receipt of the planning commission’s recommendation, the city council shall hold a public hearing. City council approval of the conversion impact report shall require that the city council make the following determinations:
1. That the conversion impact report complies with the requirements of this chapter. If the city council determines that the conversion impact report does not comply with the requirements of this chapter, the city council shall specify in which respects the conversion impact report fails to comply with such requirements. The city council may condition any legislative actions and discretionary land use approvals required for the conversion to the mobilehome park to another use upon the completion of specific amendments to the conversion impact report. In the alternative, the city council may continue further action on the conversion project until the conversion impact report is found by the city council to comply with the requirements of this chapter;
2. That specified conditions shall be imposed upon the conversion of the mobilehome park to another use, the closure of the mobilehome park, or the cessation of the use of the land as a mobilehome park to mitigate adverse impacts upon the ability of displaced mobilehome owners and mobilehome residents to find adequate housing in a mobilehome park and to require that reasonable costs of relocation be paid as set forth in this chapter.
D. No legislative action or discretionary permit for the conversion of the mobilehome park to another use shall be approved unless and until the city council has first determined that the conversion impact report complies with the requirements of this chapter, or by specific amendments, will comply with this chapter, and conditions have been imposed on the applicant to mitigate adverse impacts on the displaced mobilehome owners and mobilehome residents through the requirement that the applicant pay the reasonable costs of relocation as set forth in this chapter. (Ord. 817 § 2(part), 2008).
17.46.130 Applicant obligations after approval of the conversion impact report.
A. In accordance with Civil Code Section 798.56(g), after all required legislative actions and discretionary permits have been approved by the city council, that applicant shall give the mobilehome owners and the mobilehome residents six months or more written notice of termination of tenancy.
B. No later than thirty days after the city council has approved the conversion impact report and issued the findings as required by Section 17.46.120(C), or if a conversion to another use governed by Section 17.79.030 the findings as required by Section 17.79.040(C), one of the housing specialists identified in the conversion impact report shall make personal contact with each mobilehome owner and mobilehome resident to determine the applicable costs of relocation the mobilehome owner and/or mobilehome resident is entitled to and to outline the services the housing specialist will provide the mobilehome owner and/or mobilehome resident in securing alternate housing. The mobilehome owner and/or mobilehome resident shall agree to a schedule of services to be provided by the housing specialist. All of the costs associated with the services provided by the housing specialist shall be paid for by the applicant.
C. Not less than thirty days prior to the date a mobilehome owner or mobilehome resident is required to vacate the mobilehome park, the applicant shall pay any cash or monetary relocation costs required by this chapter to the mobilehome owner or mobilehome resident, or to any former mobilehome owner or mobilehome resident entitled to such costs. The applicant shall also pay relocation costs to any person, firm or corporation performing relocation related services for the mobilehome owner or mobilehome resident as he or she may direct. If the applicant purchases the mobilehome pursuant to Section 17.46.110(C)(2), the mobilehome owner shall promptly submit to the applicant all documents necessary to transfer complete title and ownership of the mobilehome to the applicant, free and clear of all security interests, liens and other encumbrances.
D. All mitigation measures imposed in the city council’s approval of the conversion impact report shall be fully performed prior to the required vacation of the mobilehome park by the mobilehome owner or mobilehome resident, unless otherwise provided in the city council approval. No mobilehome owner or mobilehome resident shall be required to vacate the mobilehome park unless the applicant is in full compliance with all mitigation measures imposed by the city council pertaining to that mobilehome owner or mobilehome resident. (Ord. 817 § 2(part), 2008).
17.46.140 Issuance of grading and/or building permits.
No building permit shall issue for the conversion of the mobilehome park until the applicant has filed with the city a verified statement, made under penalty of perjury, that all required relocation assistance has been paid by the applicant to each eligible mobilehome owner or mobilehome resident. Such statement shall identify in itemized form each payee, the amount paid, the date of payment, and the type of relocation or other assistance for which each such payment was made. (Ord. 817 § 2(part), 2008).
17.46.150 Fees for costs incurred.
The city council may, by resolution, adopt a fee schedule for the costs incurred by the city in implementing the provisions of this chapter. (Ord. 817 § 2(part), 2008).
17.46.160 Occupancy of park below twenty percent or other evidence of park closure.
A. The owner of a mobilehome park shall file a notice with the city manager whenever twenty percent or more of the total number of mobilehome lots in a mobilehome park are uninhabited. For purposes of this chapter, a mobilehome lot is uninhabited when it is either (1) unoccupied by a mobilehome, or (2) occupied with a mobilehome in which no persons reside. When twenty percent or more of the mobilehome lots are uninhabited, this shall be deemed a conversion of the mobilehome park by closure or cessation of use in accordance with the provisions of this section unless the owner of the mobilehome park demonstrates that closure of the mobilehome park is not occurring. The owner of the mobilehome park shall provide the city manager with the reasons why this rate of vacancy does not constitute a conversion of the mobilehome park through closure or cessation at the same time the owner provides the city manager with notice that twenty percent of the lots are uninhabited.
B. The city manager, or the city manager’s designee, shall investigate whether this twenty percent vacancy rate indicates a conversion of some or all of the mobilehome park. If, as a result of the investigation, the city manager determines that some or all of the mobilehome park is being converted through closure or cessation, the city manager shall provide the owner of the mobilehome park with written notice of this fact and the reasons upon which the city manager bases his or her conclusion. The mobilehome park owner shall be directed to prepare and file with the city a conversion impact report by a designated date. When the conversion impact report is deemed complete, a hearing shall be scheduled before the planning commission and then the city council.
C. The determination of the city manager may be appealed by the owner of the mobilehome park by filing a written notice of appeal with the city clerk not more than fifteen days after the receipt of the city manager’s notice. A hearing on the appeal shall be scheduled before the city council which shall render a decision on the appeal. (Ord. 817 § 2(part), 2008).
17.46.170 Violations.
In addition to any remedies or penalties for noncompliance with this chapter, as provided elsewhere in the Cotati Municipal Code, any owner of a mobilehome park or applicant who violates any rights of any mobilehome owner or mobilehome resident established under this chapter shall be liable to that person for actual damages caused by such violation, plus costs and reasonable attorney’s fees. In addition, no park owner shall take any willful action to threaten, retaliate against or harass any mobilehome park owner or resident with the intent to prevent such person from exercising his or her rights under this chapter. (Ord. 817 § 2(part), 2008).
ARTICLE 5. RESOURCE MANAGEMENT