(a)
Findings. The city council finds that:
(1)
Mobile homes are an important form of affordable housing in the city,
particularly for seniors and persons with moderate or lower incomes;
(2)
Many mobile home owners have made a large financial investment in
their mobile home and loss of this investment would limit their ability
to find replacement housing;
(3)
Vacant mobile home spaces in comparable mobile home parks are scarce
in the city and in surrounding communities, and acceptance criteria
often exclude older mobile homes; and
(4)
Due to the reasons stated above, the conversion, closure or cessation
of use of a mobile home park could have an adverse impact on the ability
of displaced residents to find adequate replacement housing. The mitigation
measures required by this chapter are found to be necessary and reasonable,
consistent with state law, while recognizing the rights of park owners
to pursue changes in land use.
(b)
Purpose. This chapter establishes requirements to ensure that the
adverse social and economic impacts of any mobile home park conversion
on displaced residents are identified and mitigated through adequate
notice, reasonable relocation and other assistance. These requirements
are established under the authority granted by California Constitution,
and Government Code Sections 65863.7 and 66427.4, and Civil Code Section
798.56.
(Ord. 2983-12 § 5)
When used in this chapter, these terms mean the following:
means any person or entity seeking approval of a mobile home
park conversion. Applicant can also mean a park owner whose park has
been determined to be undergoing conversion due to reduced occupancy.
means housing that meets the minimum standards of the Uniform
Housing Code, and is similar to the subject home in terms of rent,
size, number of bedrooms and bathrooms, and other relevant factors
such as location and proximity to the resident's place of employment,
amenities, schools, and public transportation.
means any other park similar to the subject park in terms
of amenities, rent, and other relevant factors, such as proximity
to public transportation and shopping, the job market where a displaced
resident is employed, and proximity to schools if the resident has
school age children.
means a filed request for approval of a general plan amendment,
rezone, tentative map, use permit, special development permit, or
any other permit related to a proposed mobile home park conversion.
Development application does not include a request to initiate a general
plan amendment.
means a household in which: (1) the primary wage earner or
spouse is a person with disabilities; (2) at least two members are
persons with disabilities; or (3) one or more members are persons
with disabilities with a live-in aide. A disability is a medical condition
or physical or mental impairment that substantially limits at least
one of the person's major life activities, as defined in the federal
Fair Housing Amendments Act of 1988 and the California Fair Employment
and Housing Act, or successor statutes.
means the value of the mobile home in its current condition,
without regard to the possible park closure.
means a structure designed and used for human habitation
and for being moved on a street or highway under permit pursuant to
California Vehicle Code Section 35790, a mobile home as defined in
Section 18008 of the Health and Safety Code, or a manufactured home,
as defined in Health and Safety Code Section 18007. A mobile home
does not include a recreational vehicle as defined in Civil Code Section
799.24 and Health and Safety Code Section 18010, a commercial coach,
or factory-built housing as defined in Health and Safety Code Section
19971.
means the registered owner of a mobile home, regardless of
the number of such owners or the form of such ownership, and who has
the right to use a mobile home space in a park.
means an area of land where two or more mobile home spaces
are held for rent, including areas of land zoned or otherwise approved
for use as a mobile home park under this title. In this chapter, the
term "park" is the same as "mobile home park."
is an area within a park designated for occupancy by one
mobile home. In this chapter, the term "space" is the same as "mobile
home space."
means any person or entity in possession of the title of
the mobile home park and is responsible for paying its property taxes.
"Park owner" does not include a mobile home owner who rents out or
subleases their mobile home.
means written evidence that a required recipient has received
a notice or other document. Proof of service includes any United States
Postal Service delivery confirmations such as certified mail or signature
confirmation. If delivered personally, proof of service includes a
statement signed by the recipient.
means a mobile home owner who lives in the park or tenant.
means a household in which: (1) the primary wage earner or
spouse is at least sixty-two years old; (2) two or more members are
at least sixty-two years old; or (3) one or more members are at least
sixty-two years old with a live-in aide.
means a person who lives in a mobile home or other dwelling
within a park under a bona fide lease or agreement and who is not
a mobile home owner.
means a mobile home space that is either unoccupied by a
mobile home, or occupied by a mobile home in which no persons reside,
and such situation was not caused by physical disaster or any other
condition beyond the control of the park owner.
means a household with annual income less than eighty percent
of the area median income of households in Santa Clara County, as
defined by the California Housing and Community Development Department.
(Ord. 2983-12 § 5)
(a)
(b)
Bankruptcy Exemption. This chapter does not apply if the closure
or cessation of use of a mobile home park results from the entry of
an order for relief in bankruptcy, as stated in California Government
Code Section 65863.7.
(Ord. 2983-12 § 5)
(a)
Ninety Days' Notice of Intention. The applicant shall give a written
notice of the intention to convert a mobile home park at least ninety
days before filing a request to initiate a general plan amendment
or a development application, whichever is first. The notice shall
be provided to all mobile home owners and residents with proof of
service, and a copy provided to the city. The notice shall be posted
at all entrances of the park. The same written notice shall be provided
to prospective new residents prior to payment of any rent or deposit.
(b)
Notice Content. The notice shall contain the following information:
(1)
That the applicant proposes a conversion of the mobile home park
that requires city approval of a conversion impact report;
(2)
A description of the proposed development application, if applicable,
and the required permit approvals; and
(3)
A statement that the applicant will file an application for a final
public report with the California Department of Real Estate, if applicable.
(Ord. 2983-12 § 5)
(a)
Exercise of Right within Ninety Days. A designated resident organization
may exercise the right to negotiate purchase of the mobile home park
if a written notice of interest is provided to the park owner within
ninety days of the postmark date of the notice of intention to convert,
or issuance of a notice of determination of conversion due to reduced
occupancy. The notice shall include a statement of interest to negotiate
purchase of the park and the name and contact information of the organization
and of a representative. The right of negotiated purchase is deemed
expired if a notice is not provided in accordance with this section.
(b)
Negotiation for Purchase within One Hundred Eighty Days. If a written
notice is provided to the park owner within the specified time limit,
the applicant must meet with the designated resident organization
within fifteen days of receipt of the notice to explore the possibility
of acquisition of the park. The right of negotiated purchase is deemed
expired if the applicant and the designated resident organization
do not reach an agreement on the terms of sale within one hundred
eighty days of the postmark date of the notice of intention to convert,
or issuance of a notice of determination of conversion due to reduced
occupancy.
(c)
Conversion Applications during Negotiations. The applicant may file
any application related to conversion of a mobile home park during
negotiations with a designated resident organization provided the
application is submitted ninety days after the postmark date of the
notice of intention to convert. The city council may approve or deny
an applicant's request to initiate a general plan amendment during
negotiations. The city shall suspend any action authorizing conversion
of the park until the right of negotiated purchase is deemed expired
in accordance with this section.
(d)
Modification of Time Limits. The designated resident organization
and the applicant may mutually agree to shorten or extend the time
limits described in this section.
(Ord. 2983-12 § 5)
The applicant shall file a CIR for review and approval by the city council before any park conversion can be approved. The CIR shall contain the information required in Section 19.72.090 (Content of CIR) and shall adequately define and address the social and economic impacts of the proposed conversion on displaced residents and mobile home owners, as required by the city council. The required timing of filing is as follows:
(a)
Conversion with a Development Application. The CIR shall be filed
before or at the same time as the development application. If a proposed
conversion requires an amendment to the general plan, the CIR may
be filed after initiation of the general plan amendment.
(Ord. 2983-12 § 5)
(a)
List of Relocation Specialists. The director shall maintain a list
of qualified persons or firms with proven expertise in housing, relocation
of displaced persons, and who are familiar with the region's housing
market.
(b)
Relocation Specialist Services. The city shall hire a relocation
specialist from the director's list at the applicant's expense to
prepare the CIR and provide residents the services described in this
chapter. The relocation specialist is responsible for meeting with
residents and helping them evaluate, select, and secure comparable
housing. Such services include technical assistance related to leasing
or purchasing replacement housing, explanation of the relocation assistance
alternatives available, referral to any available affordable housing
resources, assistance in making arrangements to move personal property
and belongings, and transportation of residents who are unable to
drive to housing alternatives.
(Ord. 2983-12 § 5)
(a)
Reduced Occupancy Conversion. A park is deemed to be undergoing conversion
by closure or cessation of use when twenty-five percent or more of
the spaces is uninhabited. At the time of twenty-five percent vacancy,
the park owner shall file a statement explaining any known reasons
for the reduced occupancy and any intention to change the use. A resident
may also file a statement of reduced occupancy and shall indicate
the spaces the resident believes to be uninhabited.
(1)
Statement Filed by Park Owner. If a park owner files a statement
of reduced occupancy, the director determines the correctness of the
statement and issues a notice of determination of conversion. No public
hearing is required.
(2)
Statement Filed by Resident. If a resident files a statement of reduced
occupancy, the director shall determine the correctness of the statement
at a noticed public hearing.
(3)
The director's determination may be appealed directly to the city council by the park owner, mobile home owner, or any resident following the procedures in Section 19.98.070 (Appeals). Notice of the time and place of any public hearing described in this subsection shall be given to the park owner, mobile home owners and residents and posted at all entrances of the park at least thirty days before the hearing.
(b)
Notice of Determination and CIR. Written notice of conversion due
to reduced occupancy shall be issued to the park owner, mobile home
owners, and residents with proof of service. The notice of determination
shall include a reasonable period of time during which the park owner
shall file a CIR.
(c)
Waiver Request from Relocation Assistance. The park owner may request a total or partial exemption from relocation assistance obligations under Section 19.72.120 (Waiver from relocation assistance obligations). The request shall be filed by the date established by the director in the notice of determination under subsection (b).
(d)
Failure to Prepare a CIR. Failure of the park owner to submit a CIR within the required time frame is declared a public nuisance. This nuisance is due to the potential for severe adverse social and economic impacts on residents and mobile home owners by delaying the necessary analysis and provision of necessary relocation assistance. At that time, the director shall prepare the CIR and bill the cost to the park owner. The park owner shall reimburse the city for the cost within thirty days of receipt of the bill. If the park owner fails to reimburse the city, abatement and collection procedures may begin as provided in Sections 8.20.060 through 8.20.090 of the Sunnyvale Municipal Code.
(Ord. 2983-12 § 5)
(a)
Relocation Assistance Required. Under Government Code Sections 65863.7
and 66426.4, the applicant shall provide relocation assistance to
mitigate any adverse impacts of a mobile home park conversion on displaced
residents and mobile home owners in a manner that does not exceed
the reasonable cost of relocation. This section establishes minimum
relocation assistance for residents and mobile home owners. The applicant
and any person eligible for relocation assistance may agree to other
mutually satisfactory relocation assistance.
(b)
Eligibility for Relocation Assistance. Mobile home owners and residents
are entitled to relocation assistance if they have not given notice
to terminate their lease as of the date of the following, whichever
occurs first:
(c)
Waiver Agreements. Any agreement made with a mobile home owner to
waive rights under this chapter is invalid and ineffective for any
purpose. A waiver of relocation assistance rights is only valid if
it is between a park owner and a tenant of a home owned by the park
owner. The waiver shall contain the text of this section and a written
acknowledgment by the tenant understanding the relocation assistance
rights under this chapter and agreeing to waive them.
(d)
Reasonable Cost of Relocation. Reasonable cost of relocation includes
a moving allowance and other applicable types of relocation assistance
as defined in this section, and based on the CIR and housing and human
services commission recommendations.
(1)
Moving Allowance for Eligible Residents. For all eligible residents,
relocation assistance shall include a moving allowance to move to
another park or other replacement housing up to a distance of one
hundred miles. The resident is responsible for additional costs to
move to a location farther than one hundred miles. Moving allowance
includes:
(2)
Other Relocation Assistance. For eligible residents and mobile home
owners, relocation assistance may also include one or more of the
following:
(A)
Accessibility Improvements for Mobile Home Owners. For eligible mobile
home owners, relocation assistance may include payment of the cost
to reinstall or replace any accessibility improvements made to the
mobile home such as wheelchair ramps lifts, and grab bars.
(B)
Rent Subsidy for Senior, Disabled or Low Income Households. For eligible
senior, disabled or low income households, relocation assistance may
include payment of a rent subsidy of up to twenty-four months if needed
to offset increased housing costs and secure comparable housing. The
rent subsidy is the difference of rent paid by the resident in the
park and any higher rent for either a space at another park if the
mobile home is relocated, or rent for comparable housing if the resident
moves to other rental housing. Mobile home owners who are eligible
to sell their mobile home to the applicant at its in-place value may
only receive the rent subsidy if the selling price is inadequate to
secure comparable replacement housing for at least twenty-four months.
(C)
Mobile Home Relocation Costs for Mobile Home Owners. For any eligible
mobile home owner whose mobile home can be relocated, relocation assistance
may include the lowest of three estimates obtained by the relocation
specialist from licensed mobile home movers to physically relocate
the mobile home to up to a maximum distance of one hundred miles.
The mobile home owner is responsible for additional costs to move
the mobile home to a location farther than one hundred miles. The
estimates shall include the cost of disassembly of the mobile home,
transportation to the new site, reinstallation, replacement or reconstruction
of blocks, skirting, shiplap siding, porches, decks and awnings, earthquake
bracing if necessary, insurance coverage during transport, and utility
hook-ups.
(D)
Sale at One Hundred Percent In-Place Value for Mobile Home Owners.
For any eligible mobile home owner whose home cannot be relocated
to a comparable park within twenty miles or another park chosen by
the mobile home owner, the city council may require the applicant
to purchase the mobile home at one hundred percent of its inplace
value. The applicant shall hire a mobile home appraiser from a list
provided by the director to determine the inplace value of the mobile
home. If the mobile home owner disputes the appraised value of their
mobile home, the mobile home owner may hire an appraiser from the
director's list to obtain an appraisal. To be considered, the mobile
home owner shall obtain the appraisal within one hundred eighty days
of the approval date of the CIR. If a second appraisal is obtained,
the mobile home owner is entitled to the average of the appraisals
obtained by the applicant and the mobile home owner.
If the appraiser identifies lack of maintenance, deferred maintenance
or deterioration of the subject park that negatively affects the value
of a mobile home, the appraiser shall determine the value of the home
with an upward adjustment in value if necessary to eliminate the negative
effect in value caused by the lack of maintenance, deferred maintenance
or deterioration, normal wear and tear excepted.
(E)
Right of First Refusal for Residents. For all eligible residents,
relocation assistance shall include the right of first refusal to
purchase or rent new homes or apartments to be constructed on the
park site. Income-eligible residents may have first priority to purchase
or rent any below market rate (BMR) units which may be constructed
on the park site, if they meet all eligibility requirements for the
BMR housing program. In order to receive priority for BMR units, interested
residents shall file a request with the housing division before vacating
the park.
(Ord. 2983-12 § 5)
The CIR shall contain all of the following information to adequately
define and address the social and economic impacts of a proposed conversion
or park closure on displaced residents and mobile home owners; unless
the director determines that any of the following information would
not be useful for a particular park.
(a)
Resident and Home Characteristics. A description of the characteristics
of the following:
(1)
Homes. Date of manufacture, type, width, size, number of bedrooms
of each mobile home or other dwelling, and any accessibility improvements,
such as wheelchair ramps, lifts, and grab bars, listed by space number;
(2)
Residents. Number of occupants in each home, household type (senior,
disabled, low income, individual, family with minor children, or other),
and type of occupancy (mobile home owner, tenant, or other); and
(b)
Confidential Resident Information. A list containing additional information
shall be submitted separately from the CIR. Because of the confidential
content of this list, the director shall maintain the list as a confidential
public record which shall not be disclosed to the public except under
the judgment, order or decree of a court of competent jurisdiction
issued pursuant to the California Public Records Act (Government Code
Sections 6250 et seq.). The list shall contain the following:
(1)
Personal Information. Names, addresses, and contact information of
mobile home owners and residents;
(2)
Occupancy. Length of occupancy, current monthly rent and lease terms,
and whether each person is a mobile home owner that does not live
in the park, a tenant, or person living in housing other than a mobile
home; and
(3)
Relocated Residents. New addresses for residents who have already
relocated, if available.
(c)
Vacant Spaces in Desired Locations. A list of vacant spaces in parks
within twenty miles of the park, and in any other locations within
California desired by mobile home owners. The list shall include the
park name, address, number of vacancies, lease rates, the terms, policies
and restrictions on the type of mobile homes and residents accepted,
amenities offered, and proximity to services such as public transportation,
schools, medical services, social and religious services, and grocery
stores.
(d)
Housing Alternatives. Availability and cost of renting or purchasing
comparable housing in the city or any other locations desired by residents
who cannot be relocated to a comparable park within twenty miles.
(f)
Relocation Plan. A relocation plan that specifies:
(1)
Minimum Relocation Assistance. The minimum amount of relocation assistance the applicant agrees to pay each eligible resident and mobile home park owner under Section 19.72.090 (Relocation assistance) and a description of how the amount was determined;
(2)
Replacement Housing. The type of replacement housing proposed for
each resident (relocation to a comparable park, or rental or purchase
of other housing); and
(3)
Timetable. A timetable for implementing the physical relocation of
mobile homes, implementation of relocation assistance, and conversion
of the park.
(g)
Contact Information for Services. Names and contact information shall
be provided for the following:
(1)
Relocation Specialist. The relocation specialist from the director's
list with an explanation of the services available;
(2)
Moving Companies. Names, contact information and fee schedules of
moving companies selected by the relocation specialist and approved
by the director, along with estimates for moving the mobile home,
furniture and personal belongings; and
(3)
Appraisers. Names, contact information and fee schedules of qualified
mobile home appraisers from the director's list.
(h)
Additional Information. Any additional information necessary to address
the specific needs of residents and mobile home owners relevant to
the park conversion, as determined by the director.
(Ord. 2983-12 § 5)
(a)
CIR Notice and Distribution Thirty Days Before Hearing. The applicant
shall provide notice, with proof of service, of the availability of
the CIR to each mobile home owner and resident. Notice is only required
to be sent to the person whose name appears on any rental agreement.
This notice shall be provided at least thirty days before the housing
and human services commission public hearing on the CIR and after
director approval of the notice. The notice shall include:
(b)
Verification Fifteen Days Before Hearing. At least fifteen days before
the housing and human services commission public hearing on the CIR,
the applicant shall submit verification to the director that the required
notice and materials have been received by each required recipient.
(c)
Informational Meeting(s) Fourteen Days Before Hearing. At least fourteen
days before the housing and human services commission public hearing
on the CIR, the applicant shall hold at least one informational meeting
for residents at the park. The meeting shall discuss the proposed
timing of resident relocation, relocation assistance available, the
contents of the CIR, and the status of any development application.
The relocation specialist and director's designee shall be present
at the informational meeting(s).
(Ord. 2983-12 § 5)
Before executing a rental agreement, the park owner shall advise, in writing, each prospective new resident that a development application for park conversion has been filed, or that the park has been determined to be undergoing conversion due to reduced occupancy, and that the new resident may not be entitled to any relocation assistance under Section 19.72.080 (Relocation assistance).
(Ord. 2983-12 § 5)
(a)
Waiver Request. If the applicant believes that providing the required
relocation assistance would impose an unreasonable financial hardship,
the applicant may request total or partial exemption from relocation
assistance obligations in accordance with this section. The request
shall be filed with the CIR.
(b)
Disclosure to Residents. The applicant shall notify residents of the request for a waiver from relocation assistance obligations by including such information in the notice required by Section 19.72.100 (CIR notice and informational meetings).
(c)
Required Information. To justify the basis for the request of a waiver
from relocation assistance obligations, the applicant shall provide
the following information with the CIR:
(1)
Financial Statements. Statements of profit and loss from the operations
of the park for the most recent five-year period of the date of the
application or request, verified by a certified public accountant;
(2)
Statement of Repairs and Improvements. A statement made under penalty
of perjury by a state-licensed general contractor that repairs and
improvements are necessary to maintain the park in a decent, safe
and sanitary condition and to continue the use of the property as
a mobile home park. The statement shall include an itemized list of
the necessary repairs and improvements, their costs, and the minimum
period of time they shall be made. The applicant shall also submit
a statement verified by a certified public accountant on the necessary
increase in rental rates of mobile home spaces within the park within
the next five years necessary to pay for such repairs or improvements.
At the director's discretion, the applicant may be required to hire
another licensed general contractor selected by the director to analyze
the submitted information from another licensed general contractor
selected by the director;
(3)
Estimated Relocation Costs. The estimated total cost of relocation assistance based on the requirements of Section 19.72.080 (Relocation assistance) and as determined by the relocation specialist;
(4)
Appraised Value Estimate. A comparison by an appraiser from the director's
list of the estimated values of the property if it were to continue
as a mobile home park, and if the park were developed according to
the proposed redevelopment of the park; and
(5)
Additional Information. Other information the applicant believes
to be pertinent, or which may be required by the director.
(Ord. 2983-12 § 5)
(a)
CIR Approval Required Before Approval of Development Application.
The city shall not take any action on a development application until
the city council has approved the CIR. Public hearings on any development
application for the park site shall not be held in conjunction with,
or on the same night as any public hearing on the CIR.
(b)
Review of Waiver Request. The request for a waiver from relocation
assistance obligations shall be reviewed concurrently with the CIR.
After receiving a recommendation from the housing and human services
commission, the city council may grant or deny the waiver request
if the required documentation demonstrates that providing the required
relocation assistance would impose an unreasonable financial hardship.
(c)
Findings and Decisions on CIR. Following a public hearing, the housing
and human services commission shall make a recommendation to the city
council to approve or conditionally approve the CIR based on the required
findings. After receiving a recommendation from the housing and human
services commission and holding at least one public hearing, the city
council may approve or conditionally approve a CIR based on the required
findings:
(1)
Preparation, noticing, and distribution of the CIR has been done
in compliance with this chapter; and
(2)
The CIR includes adequate information and options, and takes adequate
measures to address the adverse social and economic impacts on displaced
residents and mobile home owners of a mobile home park conversion.
(Ord. 2983-12 § 5)
(a)
Applicant Responsibility. The applicant is responsible for verifying
that the actions required in this section have been performed after
CIR approval. The city council may allow reasonable modifications
to the specified time limits.
(b)
Selection of Relocation Assistance within One Hundred Twenty Days.
Within one hundred twenty days of CIR approval, eligible residents
and mobile home owners shall select the type of relocation assistance
available per the CIR and confirm the selection with the relocation
specialist. If a selection is not submitted, the relocation specialist
may determine the appropriate relocation assistance based on the CIR.
(c)
Complete Appraisals and Obtain Estimates within One Hundred Eighty Days. Within one hundred eighty days of CIR approval, any mobile home appraisals shall be completed and any estimates for mobile home relocation shall be obtained. If any of these actions are not completed within the required time frame due to any act on the part of the applicant, the notice of termination of tenancy required in subsection (d) shall be extended by ninety days for the affected mobile home owner.
(d)
Termination of Tenancy One Hundred Eighty Days or More. The applicant
shall give residents and mobile home owners at least one hundred eighty
days' written notice of termination of tenancy from development application
approval, or CIR approval for park closures.
(e)
Payment Thirty-Five Days Before Termination of Tenancy. The applicant
shall pay all required monetary relocation assistance to eligible
residents and mobile home owners at least thirty-five days before
termination of tenancy. In the case where a mobile home owner has
opted to sell the mobile home, the mobile home owner shall submit
any documents necessary to transfer complete title and ownership of
the mobile home to the applicant, free and clear of all security interests,
liens, or other encumbrances, provided that the relocation assistance
paid to the mobile home owner is adequate to remove any existing liens.
(f)
Verification Before Closure or Issuance of Building Permits. At least
thirty-five days before the last resident's termination of tenancy,
the applicant shall submit a statement made under penalty of perjury
that required relocation assistance payments have been paid to eligible
residents and mobile home owners. The statement shall specify each
eligible resident and mobile home owner, the amount paid, the date
of payment, and the type of relocation assistance selected by the
resident or mobile home owner. The applicant is encouraged to submit
receipts of payment as further verification. This verification shall
be submitted before the park can be closed or before any building
permits related to an approved development application can be issued.
(Ord. 2983-12 § 5)
