Chapter 17.79
MOBILEHOME PARK SUBDIVISIONS

Sections:

17.79.010    Purpose.

17.79.020    Definitions.

17.79.030    Subdivisions governed by Government Code Section 66427.4 (conversion of a mobilehome park to another use) – Incorporation of sections from Chapter 17.46, Conversion of Mobilehome Park to Other Uses.

17.79.040    Subdivisions governed by Government Code Section 66427.4 (conversion of a mobilehome park to another use) – Public hearings – Findings.

17.79.050    Subdivisions governed by Government Code Section 66427.5 (conversion of a mobilehome park to resident ownership) – Applicability.

17.79.060    Subdivisions governed by Government Code Section 66427.5 (conversion of a mobilehome park to resident ownership) – Survey of resident support.

17.79.070    Subdivisions governed by Government Code Section 66427.5 (conversion of a mobilehome park to resident ownership) – Notice to prospective residents.

17.79.080    Subdivisions governed by Government Code Section 66427.5 (conversion of a mobilehome park to resident ownership) – Conversion impact report.

17.79.090    Subdivisions governed by Government Code Section 66427.5 (conversion of a mobilehome park to resident ownership) – Rights of existing mobilehome owners and mobilehome residents upon conversion of a mobilehome park to resident ownership.

17.79.100    Subdivisions governed by Government Code Section 66427.5 (conversion of a mobilehome park to resident ownership) – Public hearings and conditions of approval.

17.79.110    Fees for costs incurred.

17.79.120    Violations.

17.79.010 Purpose.

A. The California Subdivision Map Act distinguishes between subdivisions created from the conversion of rental mobilehome parks to resident ownership (Government Code Section 66427.5) and subdivisions created from the conversion of mobilehome parks to uses other than resident ownership (Government Code Section 66427.4).

B. In the case of a subdivision of a mobilehome park to a use other than as resident ownership, Government Code Section 66427.4 requires that the conversion 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 mitigation measures imposed on the applicant to mitigate the adverse effects on mobilehome park residents displaced by such conversion.

C. In the case of a subdivision of a mobilehome park to resident ownership, Government Code Section 66427.5 requires that existing tenants of the mobilehome park be provided the option to either purchase his or her subdivided unit created by the conversion to resident ownership, or to continue residency as a tenant. For residents who desire to continue residency as a tenant, Government Code Section 66427.5 allows rent to increase to market levels subject to certain restrictions regarding the timing of rent increases and certain protections for lower income households. Government Code Section 66427.5 further requires that the applicant, as part of the tentative map application, file a report on the impact of the conversion upon the existing residents of the mobilehome park.

D. It is the intent and purpose of the Cotati city council in adopting this chapter, to establish reasonable standards and requirements in accordance with the authority granted by Government Code Sections 66427.4 and 66427.5. (Ord. 818 § 2(part), 2008).

17.79.020 Definitions.

As used in this chapter, the following words and phrases shall have the following meanings:

“Applicant” means the person, firm, corporation or other entity having leasehold interest or fee ownership in the operation of a mobilehome park or any part thereof.

“Comparable housing” means housing that is comparable in floor area and number of bedrooms to the mobilehome to which comparison is 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. The “conversion of a mobilehome park” shall include, but is not limited to, a change of a park or any portion thereof to a condominium, stock cooperative, planned unit development, commercial use, industrial use, or vacant land.

“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 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 mobilehome owner, who occupies a mobilehome.

“Resident ownership” means either the ownership of the mobilehome park after conversion by a resident organization of an interest in the mobilehome park that entitles the resident organization to control the operations of the mobilehome park for a term of no less than fifteen years, or the ownership of individual interests in the mobilehome park, or both. (Ord. 818 § 2(part), 2008).

17.79.030 Subdivisions governed by Government Code Section 66427.4 (conversion of a mobilehome park to another use) – Incorporation of sections from Chapter 17.46, Conversion of Mobilehome Park to Other Uses.

A. The following sections from Chapter 17.46, Conversion of Mobilehome Park to Other Uses, are incorporated herein to this chapter and shall apply to subdivisions created under the authority of Government Code Section 66427.4. In this instance, the application for the conversion of a mobilehome park shall mean the application for a tentative map or parcel map. A discretionary permit or a discretionary land use permit shall refer to a tentative map or parcel map.

Section 17.46.040

Disclosure of Notification Requirements

Section 17.46.050

Applicability

Section 17.46.060

Right of Negotiated Purchase

Section 17.46.070

Notice to Prospective Residents

Section 17.46.080

Supplemental Information Required

Section 17.46.090

Conversion Impact Report

Section 17.46.100

Special Notice and Informational Meeting Requirements

Section 17.46.110

Mitigation of Adverse Impacts and Reasonable Costs of Relocation

Section 17.46.130

Applicant Obligations After Approval of the Conversion Impact Report

Section 17.46.140

Issuance of Grading and/or Building Permits

B. The conversion of a rental mobilehome park to resident ownership shall be governed by Sections 17.79.050 through Section 17.79.100 of this chapter. (Ord. 818 § 2(part), 2008).

17.79.040 Subdivisions governed by Government Code Section 66427.4 (conversion of a mobilehome park to another use) – 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 Cotati city council on the tentative map or parcel map and any legislative action or further discretionary land use approvals required for the subdivision of the mobilehome park.

B. The planning commission shall make a recommendation to the Cotati 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 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 approval of the tentative or parcel map upon the completion of specific amendments to the conversion impact report. In the alternative, the city council may continue further action on the map 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 approval of the tentative map or parcel map 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 tentative map or parcel map approval shall be taken 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.

E. Prior to approving the tentative map or parcel map, the planning commission and city council shall consider the following factors:

1. Whether there will exist at the time of the conversion of the mobilehome park to the use contemplated by the map application available mobilehome lots and other comparable housing within Sonoma County to accommodate the present mobilehome owners and mobilehome residents of the mobilehome park;

2. If the proposed subdivision will create other residential uses, whether the mobilehome owners and mobilehome residents will have the opportunity to purchase or rent the residential units, and whether the applicant is providing financial incentives and financial assistance to present mobilehome owners and mobilehome residents to allow for such purchase or rental;

3. Whether the proposed conversion will be detrimental to the public health, safety and general welfare. (Ord. 818 § 2(part), 2008).

17.79.050 Subdivisions governed by Government Code Section 66427.5 (conversion of a mobilehome park to resident ownership) – Applicability.

Sections 17.79.060 through 17.79.090 shall apply to all conversions of mobilehome parks to resident ownership, except those conversions for which mapping requirements have been waived pursuant to Government Code Section 66428.1. (Ord. 818 § 2(part), 2008).

17.79.060 Subdivisions governed by Government Code Section 66427.5 (conversion of a mobilehome park to resident ownership) – Survey of resident support.

A. No later than ninety days before the applicant intends to file an application for a tentative map or parcel map to convert a rental mobilehome park to resident ownership, the applicant shall mail a notice to each mobilehome owner, mobilehome resident and the designated resident organization. The notice shall: (1) describe the proposed resident ownership project, (2) describe the approval process which will be required in order that the present mobilehome park may be converted to a resident ownership project, (3) include a projected time line for the conversion, (4) state that if the resident ownership project is approved, each existing tenant shall have the option to either purchase his or her condominium or subdivided unit or to continue residency as a tenant provided that such tenant remains in possession at such time as the tentative map or parcel map is approved, (5) state that if the resident ownership project is approved, and after the conversion of the mobilehome park occurs, mobilehome owners and mobilehome residents who choose to continue residency as a tenant shall be required to pay rent at market rate levels subject to the protections provided by Government Code Section 66427.5(f) which shall be described in the notice, (6) state that each mobilehome owner and mobilehome resident shall be provided with notice of any hearings before the planning commission or city council regarding the proposed resident ownership project and that such mobilehome owner and mobilehome resident shall have the right to appear and be heard at such meeting, (7) state that a survey shall be conducted by an independent entity to determine whether there is support for the proposed resident ownership project, and (8) state any other information the applicant deems relevant concerning the proposed resident ownership project.

B. Within fifteen days of the date the notice was mailed, the applicant and representatives from the designated resident organization shall meet to discuss and agree on the manner in which the survey shall be conducted as required by Government Code Section 66427.5(d)(2). The applicant and the representatives from the designated resident organization shall also agree on the person or entity who shall conduct the survey. Such person or entity must be independent of the applicant and the mobilehome park owner.

C. The survey shall be conducted by written ballot. Each occupied mobilehome space shall be entitled to one vote.

D. The person or entity conducting the survey shall also circulate the mobilehome park petition and disclosure statement provided for in Government Code Section 66428.1(b) for the purpose of allowing the city to determine whether the requirement for a parcel map or a tentative map shall be waived as permitted by Government Code Section 66428.1 for resident ownership projects.

E. The applicant shall be responsible for paying the full and complete costs of the survey. The notice provided for above, the survey and the survey results shall be submitted by the applicant at the time the application for the tentative map or parcel map is filed. No application for a tentative map or parcel map shall be deemed complete until the applicant has submitted the survey to the city and the city has determined that the survey complies with the requirements of Government Code Section 66427.5(d). (Ord. 818 § 2(part), 2008).

17.79.070 Subdivisions governed by Government Code Section 66427.5 (conversion of a mobilehome park to resident ownership) – Notice to prospective residents.

A. Commencing at a date not less than sixty days prior to the filing of a tentative map or parcel map to convert the mobilehome park to a resident ownership project, the applicant, or his or her agent, shall provide notice to each prospective mobilehome owner and each prospective mobilehome resident who proposes to rent a mobilehome lot or rent a mobilehome within such park. The notice shall be in writing and in the form outlined in Government Code Section 66452.8(b). The notice shall be given prior to the acceptance of any rent or deposit from the prospective tenant.

B. Failure by the applicant or his or her agent to give the notice required above shall not be grounds to deny the project. However, if the applicant or his or her agent fails to give such notice, and the prospective tenant moves into the mobilehome park and must later vacate the park, the applicant shall be responsible for paying the tenant the following:

1. In the case of a mobilehome owner, the reasonable cost of relocating the homeowner’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; and payment of any security deposit required at the new site;

2. In the case of a mobilehome tenant, or a mobilehome owner who sells his or her mobilehome and decides to move to alternate housing, the actual moving expenses incurred when moving from the mobilehome park plus the payment of any security deposit required at the new housing site;

3. The first month’s rent at the new rental unit or at the new mobilehome park, whichever is applicable.

C. Notice that the applicant intends to apply for tentative or parcel map approval to convert the mobilehome park to resident ownership shall be posted by the applicant at all entrances to the mobilehome park and in a conspicuous location in the mobilehome park office and clubhouse. (Ord. 818 § 2(part), 2008).

17.79.080 Subdivisions governed by Government Code Section 66427.5 (conversion of a mobilehome park to resident ownership) – Conversion impact report.

A. As part of the application for a tentative map or parcel map to convert the mobilehome park to resident ownership, the applicant shall file a conversion impact report as required by Government Code Section 66427.5(b). No application shall be deemed complete unless a conversion impact report has been filed and the city has 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. Identification of all mobilehome owners and mobilehome residents who reside in the mobilehome park as of the date the application was filed. Of the mobilehome owners, the applicant shall identify those on rent control. The applicant shall also identify those mobilehome owners and mobilehome residents who are lower income as defined by Section 50079.5 of the Health and Safety Code, seniors, and/or disabled;

2. A listing of those mobilehome owners and mobilehome residents in the mobilehome park who, as of the date the application was filed, would be entitled to purchase his or her condominium or subdivided unit or continue residency at the mobilehome park as a tenant after it is converted to a resident owner project, if such project is approved, as required by Government Code Section 66427.5(a). The applicant shall also list those mobilehome owners and mobilehome renters whom the applicant believes are not entitled to the protections of Government Code Section 66427.5(a) and the reasons therefor;

3. 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;

4. The availability and cost of rental housing of comparable size and quality in the 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;

5. The report shall also contain the applicant’s best estimate of the number of mobilehomes in the park that may be accommodated in other locations and the number of mobilehomes for which no reasonable alternative location exists;

6. A description of the improvements the applicant proposes to make to the mobilehome park prior to the park being marketed as a resident ownership project and a timetable for the performance of those improvements;

7. An estimate of the purchase price projected for each condominium or subdivided unit and the terms and conditions under which each condominium or subdivided unit will be offered for sale to the general public;

8. An estimate of the monthly rent projected for each condominium or subdivided unit and the terms and conditions which will be applicable to the rental of such units;

9. A list of any incentives and/or financial assistance the applicant proposes to make available to mobilehome owners and mobilehome residents residing in the mobilehome park as of the date of the application in order to assist the purchase or lease of condominium or subdivided units;

10. A discussion of whether any of the present mobilehome owners or mobilehome residents will be temporarily displaced during the conversion process to resident ownership, the length of time for such expected displacement and the manner in which the applicant proposes to mitigate the impacts caused to the mobilehome owner or mobilehome resident as a result of such displacement;

11. A list of any incentives and/or financial assistance the applicant proposes to make available to mobilehome owners and mobilehome residents residing in the mobilehome park as of the date of the application who may seek to move to other housing instead of executing the right to purchase his or her condominium or subdivided unit or continue residency at the mobilehome park as a tenant after it is converted to a resident owner project;

12. Such other documents or information as the city manager may reasonably require as part of the conversion impact report.

C. The city, 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.

D. The applicant shall provide a copy of the conversion impact report to each mobilehome owner and mobilehome resident of the mobilehome park at least fifteen days prior to the first hearing on the tentative map or parcel map by the planning commission. (Ord. 818 § 2(part), 2008).

17.79.090 Subdivisions governed by Government Code Section 66427.5 (conversion of a mobilehome park to resident ownership) – Rights of existing mobilehome owners and mobilehome residents upon conversion of a mobilehome park to resident ownership.

A. All mobilehome owners and all mobilehome residents who resided in the mobilehome park on the date notice was provided pursuant to Section 17.79.060 and who have continued to reside in the mobilehome park as of the date the tentative map or parcel map was approved, shall be entitled to either purchase his or her condominium or subdivided unit that was created by the conversion of the park to resident ownership, or to continue residency as a tenant.

B. The mobilehome owner or the mobilehome resident shall have the right to purchase his or her condominium or subdivided unit upon the same terms and conditions that such unit will be initially offered to the general public or on terms more favorable. The right to purchase shall include the provision of any incentives or financial assistance identified by the applicant in the conversion impact report.

C. If the mobilehome owner or mobilehome resident decides to continue residency as a tenant, market rate rents shall apply and rent control protections shall no longer be available. The market rate rental amount shall require city council discussion at a public hearing. The applicant shall be required, prior to the date of the hearing, to provide the city with an appraisal, conducted in accordance with nationally recognized professional appraisal standards, supporting the proposed market rate rent. After city council discussion, market rate rents shall not go into effect until the first subdivided unit in the resident ownership project is sold. Until the sale of the first unit has closed escrow and title has transferred, rent control protections shall continue to apply.

D. For those mobilehome owners or mobilehome residents who decide to continue residency as tenants and who are not lower income households as defined by Section 50079.5 of the Health and Safety Code, the monthly rent, including any applicable fees or charges for use of any pre-conversion amenities, shall increase from the pre-conversion rent to the market levels discussed by the city council, in equal annual increases over a four-year period. In the event the city council does not discuss the market level rental amount until after the first subdivided unit in the resident ownership project has sold, the mobilehome owner or mobilehome resident shall owe rent in accordance with this section from the date of the sale of that unit.

E. For those mobilehome owners or mobilehome residents who decide to continue residency as a tenant and who are lower income households, as defined by Section 50079.5 of the Health and Safety Code, the monthly rent, including any applicable fees or charges for use of any pre-conversion amenities, may increase from the pre-conversion rent by an amount equal to the average monthly increase in rent in the four years preceding the conversion, except in no event shall the monthly rent be increased by an amount greater than the average monthly percentage increase in the Consumer Price Index for the most recently reported period. This rent increase shall not go into effect until the first subdivided unit in the resident ownership project has sold. Until such time, rent control protections shall continue to apply.

F. The applicant may file an application for city council discussion of the market rate rent proposed by the applicant any time after escrow has been established for the sale of the first subdivided unit in the resident ownership project. The appraisal submitted by the applicant as part of the market rate setting discussion must have been completed within sixty days of the date the applicant’s application was filed. The city shall not discuss the market rate setting if the appraisal is older than sixty days.

G. The city shall provide notice of the hearing before the city council at least fifteen days prior to the hearing to each mobilehome owner and mobilehome resident of the mobilehome park. At the hearing, the city council shall determine if the appraisal submitted by the applicant was conducted in accordance with nationally recognized professional appraisal standards. If the city council determines that the appraisal was not conducted in accordance with nationally recognized professional appraisal standards, the city council shall order that a second appraisal be performed by an appraiser selected by the city council. The applicant shall be responsible for paying the full cost of this second appraisal. Once the second appraisal is complete, the city council shall schedule another public hearing with fifteen days’ notice to each mobilehome owner and mobilehome resident.

H. Mobilehome owners and mobilehome residents who, pursuant to subsection A, are entitled to either purchase their condominium or subdivided units or continue residency as tenants shall have until thirty days after the city council discusses the market rate rent to decide whether to purchase or rent. If the mobilehome owner or mobilehome resident decides to purchase, written notice to that effect must be mailed to the applicant within thirty days of the city council decision. Mobilehome owners or mobilehome residents who exercise the right to purchase by providing the thirty days’ notice shall pay rent in accordance with subsections D and E until escrow on the purchase has closed. Mobilehome owners and mobilehome residents who do not exercise the option to purchase within the time provided above shall continue their residency as tenants subject to the rental obligations outlined in this section. No tenancy in the converted ownership project may be terminated except in accordance with Civil Code Section 798.56. For purposes of Civil Code Section 798.56, conversion of the mobilehome park to resident ownership shall not be deemed a change in use of the park pursuant to subsection (g) of Civil Code Section 798.56. (Ord. 818 § 2(part), 2008).

17.79.100 Subdivisions governed by Government Code Section 66427.5 (conversion of a mobilehome park to resident ownership) – Public hearings and conditions of approval.

A. In addition to notice requirements otherwise imposed by law, the applicant shall post at all entrances to the mobilehome park and in a conspicuous location in the mobilehome park office and clubhouse, notice of the time, place and location of any public hearings before the planning commission or the city council concerning the review of the tentative map or parcel map to convert the mobilehome park to resident ownership. The notices shall be posted at least fifteen days before the date of such hearing.

B. At the public hearing, the planning commission shall determine whether the conversion impact report complies with the requirements of Section 17.79.080 and shall make a recommendation to the city council on the adequacy of the conversion impact report.

C. The city council, as part of the public hearing on the tentative map or parcel map, shall approve the conversion impact report if the city council determines that it complies with the requirements of Section 17.79.080.

D. If the city council approves the tentative map or parcel map to convert the mobilehome park to resident ownership, the city council shall include as part of the conditions of approval the rights of existing mobilehome owners and mobilehome residents as specified in Section 17.79.090 above.

E. A tentative or parcel map for the subdivision of a mobilehome park shall be approved if the following findings are made:

1. A survey of resident support has been conducted and the results filed with the city in accordance with the requirements of Government Code Section 66427.5 and this chapter.

2. A conversion impact report has been completed and filed with the city in accordance with the requirements of Government Code Section 66427.5 and this chapter.

3. The conversion to resident ownership is consistent with the general plan, any applicable specific or area plan, and the provisions of Title 17 of the Cotati Municipal Code.

4. The conversion is a bona fide resident conversion. For purposes of determining whether a proposed conversion is a bona fide resident conversion, the following criteria shall be used:

a. Where the survey of resident support is conducted in accordance with Government Code Section 66427.5 and with this chapter shows that more than fifty percent of resident households support the conversion to resident ownership, the conversion shall be presumed to be a bona fide resident conversion.

b. Where the survey of resident support conducted in accordance with Government Code Section 66427.5 and with this chapter shows that at least twenty percent but not more than fifty percent of residents support the conversion to resident ownership, the subdivider shall have the burden of demonstrating that the proposed conversion is a bona fide resident conversion. In such cases, the subdivider shall demonstrate, at a minimum, that a viable plan, with a reasonable likelihood of success as determined by the city, is in place to convey the majority of the lots to current residents of the park within a reasonable period of time.

c. Where the survey of support conducted in accordance with Government Code Section 66427.5 and with this chapter shows that less than twenty percent of residents support the conversion to resident ownership, the conversion shall be presumed not to be a bona fide resident conversion.

5. Appropriate provision has been made for the establishment and funding of an association or corporation adequate to ensure proper long-term management and maintenance of all common facilities and infrastructure. (Ord. 818 § 2(part), 2008).

17.79.110 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. 818 § 2(part), 2008).

17.79.120 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 owner or resident with the intent to prevent such person from exercising his or her rights under this chapter. (Ord. 818 § 2(part), 2008).

ARTICLE 8. LAND USE CODE ADMINISTRATION