Chapter 16.09
MOBILE HOME PARK CONVERSION

Sections:

16.09.010    Mobile home park conversion to another use.

16.09.020    Mobile home park conversion to residential ownership.

16.09.030    Map waiver where tenants purchase mobile home park.

16.09.010 Mobile home park conversion to another use.

A. Impact Report – Required. At the time of filing a tentative subdivision or parcel map for a subdivision to be created from the conversion of a mobile home park to another use, the subdivider shall also file a report with the city on the impact of the conversion upon the displaced residents of the mobile home park to be converted. In determining the impact of the conversion on displaced mobile home park residents, the report shall address the following, as well as any other information deemed necessary and appropriate by the community development director:

1. A detailed description of the rental units within the project, including but not limited to:

a. The total number of mobile home spaces in the park and the age, size, and type of mobile home occupying each space;

b. A rental history for each space that details the current or last rental rate, including any utilities or other costs paid by the current tenant; the name and address of each present tenant; the length of time the space has been occupied by the present tenant; the monthly rental rate for the preceding four quarters for each space; the average monthly vacancy over the preceding four quarters; the number of evictions over the preceding four quarters;

c. The name and mailing address of the primary resident(s) of each unit.

2. A detailed analysis of the economic impact of the conversion of the mobile home park on the tenants, including comparisons of current rents paid and current rental rates at comparable mobile home parks within the city; the estimated costs of moving personal property; and any direct or indirect costs associated with relocation to another rental unit.

3. A detailed analysis of the impact of the conversion on the city’s housing market and the city’s ability to provide a range of housing types at a range of housing costs. Such analysis shall include, but is not limited to:

a. Data comparing the affordability of the mobile home spaces and homes in the project, with rental and ownership housing available in the city;

b. Data regarding the availability of comparable mobile home spaces at similar rental rates remaining within the city, including vacancy rate information;

c. Data identifying the low and moderate income housing units (rental and sales housing) within the city, including vacancy rates; and

d. Data showing what percentage of the city’s total available mobile home spaces and units affordable to lower income households are proposed to be converted, and the resulting change in ratio of both total mobile home spaces and lower income housing within the city.

B. Impact Report – Copies to Residents. The subdivider shall make a copy of the report available to each resident of the mobile home park at least 15 days prior to the hearing on the map by the planning commission.

C. Relocation Assistance. A relocation plan for tenants of a mobile home park shall be submitted to the planning commission and city council for approval as part of the application for a use permit to convert a mobile home park to another use. The relocation plan shall provide, at a minimum, for the following:

1. The names, addresses, telephone numbers, and fee schedules of persons in the area who are qualified appraisers of mobile homes.

2. The names, addresses, telephone numbers, and fee schedules of persons in the area qualified as mobile home movers.

3. The relocation plan shall provide specifically for relocation assistance for a minimum period of 12 months following closure of the mobile home park to full time, very low- and low-income residents, households with a disabled person, single head of households living with one or more minor children, and senior citizens over the age of 62 residing in the park.

4. The relocation plan shall specifically provide guarantees that all tenants 62 years of age or older and all tenants who are medically proven to have a permanent disability shall not have to pay an increase in rent over the amount currently paid for a period of two years following relocation.

5. The relocation plan shall provide for the applicant to pay all reasonable moving expenses to a comparable mobile home park within the city or the county to any tenant who relocates from the park after city approval of the use permit authorizing conversion of the park. The reasonable cost of relocation and moving expenses shall include the cost of relocating a displaced homeowner’s mobile home, accessories, and possessions, including the costs for disassembly, removal, transportation, and reinstallation of the mobile home and accessories, at the new site, and replacement or reconstruction of the blocks, skirting, siding, porches, decks, awnings, storage sheds, cabanas, or earthquake bracing if necessitated by the relocation; indemnification for any damage to personal property of the resident caused by the relocation; reasonable living expenses of displaced park residents 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 in the existing park and any higher rent at the new site for the first 12 months of the relocated tenancy. When any tenant has given notice of his intent to move prior to city approval of the use permit, eligibility to receive moving expenses shall be forfeited.

6. If the city council determines that a particular mobile home cannot be relocated to a comparable mobile home park within the city or the county, and the mobile home owner has elected to sell his or her mobile home, the relocation plan shall identify those mobile homes, the reasons why the mobile homes cannot be relocated as provided in EMC 16.09.010(C)(5), 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 purchasing the mobile home of a displaced home owner at its in-place market value. Such value shall be determined after consideration of relevant factors, including the value of the mobile home in its current location including the blocks and any skirting, siding, porches, decks, storage sheds, cabanas, and awnings, and assuming the continuation of the mobile home park in a safe, sanitary and well-maintained condition, and not considering the effect of the change of use on the value of the mobile home. If a dispute arises as to the in-place value of a mobile home, the applicant and the home owner shall have appraisals prepared by separate qualified appraisers with experience in establishing the value of mobile homes. The city council shall determine the in-place value based upon the average of the appraisals submitted by the applicant and mobile home owner.

7. Until each tenant is successfully relocated, the tenant shall not be unjustly evicted.

D. Adverse Impact Mitigation. The planning commission may require the subdivider to take steps to mitigate any adverse impact of the conversion on the ability of displaced mobile home park residents to find adequate space in a mobile home park. (Ord. 527 § 6, 2010)

16.09.020 Mobile home park conversion to residential ownership.

A. At the time of filing a tentative subdivision or parcel map for a subdivision to be created from the conversion of a rental mobile home park to resident ownership, the subdivider shall avoid economic displacement of all nonpurchasing residents in the following manner:

1. Offer each existing tenant the option to either purchase his or her subdivided unit or continue residency as a tenant.

2. File a report on the impact of the conversion upon the mobile home park residents.

3. Make a copy of the report available to each resident of the mobile home park at least 15 days prior to the hearing on the map by the planning commission.

4. Obtain a written ballot survey of support of mobile home park residents for the proposed conversion.

a. The survey shall be conducted in accordance with an agreement between the subdivider and the resident homeowners’ association, if any, that is independent of the subdivider or mobile home park owner.

b. Each occupied mobile home space has one vote.

c. The results of the survey shall be submitted to the city for consideration upon the filing of the tentative subdivision or parcel map.

B. The planning commission shall hold a public hearing on the map, the scope of which shall be limited to the issue of compliance with these requirements.

C. In the event the conversion is approved, the rent charged to nonpurchasing residents shall be regulated in the following manner:

1. For nonpurchasing residents who are not lower income households, as defined in Section 50079.5 of the Health and Safety Code, the monthly rent, including any applicable fees or charges for use of any preconversion amenities, may increase from the preconversion rent to market levels, as defined in an appraisal conducted in accordance with nationally recognized professional appraisal standards, in equal annual increases over a four-year period.

2. For nonpurchasing residents who are lower income households, as defined in Section 50079.5 of the Health and Safety Code, the monthly rent, including any applicable fees or charges for use of any preconversion amenities, may increase from the preconversion rent by an amount equal to the average monthly increase in rent in the four years immediately preceding the conversion. The monthly rent may not be increased by an amount greater than the average monthly percentage increase in the Consumer Price Index for the most recently reported period. (Ord. 510 § 2, 2007)

16.09.030 Map waiver where tenants purchase mobile home park.

A. When at least two-thirds of the owners of mobile homes who are tenants in a rental park sign a petition indicating their intent to purchase the park for the purpose of converting it to resident ownership, and a field survey has been performed, the requirement for a parcel map or tentative and final map shall be waived unless any of the following conditions exist:

1. There are design or improvement requirements necessitated by significant health or safety concerns.

2. The city determines there is an exterior boundary discrepancy that requires recordation of a new parcel or tentative and final map.

3. The existing parcels which exist prior to the proposed conversion were not created by a recorded parcel or final map.

4. The conversion would result in the creation of more subdivided interests than the number of tenant lots or spaces that exist prior to conversion.

B. The city is required to determine whether the waiver application is complete within 30 days and approve or deny the application within 50 days thereafter.

C. If a tentative subdivision or parcel map is required, no off-site design or improvement requirements shall be imposed except where necessary to mitigate an existing health or safety condition. No other dedications, improvements or in-lieu fees shall be required. Any conditions imposed to mitigate a health or safety concern shall not have the effect of reducing the number, or changing the location, of existing mobile home spaces. For any imposed requirements, the applicant and the city shall enter into an unsecured improvement agreement. The applicant shall have a period of one year from the date the agreement is executed to complete said improvements. (Ord. 510 § 2, 2007)