The purpose of this article is to:
(a) 
Establish procedures and standards to govern the closure, cessation, or conversion of an existing mobile home park to another land use;
(b) 
Mitigate the adverse impact of such closures, cessations, or conversions on displaced residents; and
(c) 
Encourage the preservation of affordable housing.
(Ord. 2539 § 2, 2018)
This article is adopted pursuant to the city's police power and California Government Code Sections 65863.7 and 66427.4 and Civil Code Section 798.56, which authorize the city to establish procedures and standards for assessing the adverse impacts of a mobile home park closure, cessation, or conversion on displaced residents. Nothing in this article shall preclude any other notice or requirements imposed by state law, nor shall this article operate to limit in any way the rights and available remedies of mobile home park residents otherwise provided by law.
(Ord. 2539 § 2, 2018)
For the purposes of this article, the following words and phrases shall have the following meanings:
Applicant
means a mobile home park owner or authorized representative who proposes closure, cessation, or conversion of an existing mobile home park.
Comparable
means reasonably equivalent or better in terms of quality, cost, and convenience, unless otherwise specified.
Consultant
means a professional or specialist hired to prepare a relocation impact report pursuant to this article.
Mobile home
means a mobile home as such term is defined in Mobile Home Residency Law.
Mobile home park conversion
means and includes the cessation of use of land as a mobile home park, closure of a mobile home park or any part thereof, or conversion of a mobile home park or any part thereof to another land use.
Mobile Home Residency Law
means California Civil Code Section 798 et seq., as such statute exists at the time of enactment of this article or is subsequently amended.
Park residents
means both resident owners and resident tenants, as follows:
(1) 
Resident owner
means a person who owns a mobile home in a mobile home park and resides at such mobile home as a principal residence or maintains such mobile home as the primary residence for an immediate family member who occupied the mobile home as a primary residence prior to receiving any notification of the filing of a development application or request for approval of a mobile home park conversion. This definition shall not include owners subletting their mobile homes pursuant to California Civil Code Section 798.23.5.
(2) 
Resident tenant
means a person who rents or leases a mobile home in a mobile home park and resides at such mobile home as the person's primary residence.
Relocation assistance
means the assistance that the applicant must provide to displaced park residents to reasonably mitigate the identifiable and quantifiable adverse impacts caused by a mobile home park closure, cessation, or conversion.
Relocation impact report
means a report, meeting the requirements of this article, which describes the impacts of a mobile home closure, cessation, or conversion on affected park residents.
Residents' advisory committee
means a group of park residents that serve as representatives of the park residents to participate in meetings and discussions with the city, applicant, and consultant to facilitate notice, education, outreach and assistance pursuant to this article. A residents' advisory committee shall be comprised of no fewer than three members, or up to three percent of the total lot spaces in the park.
Vacancy
means a lot unoccupied by a mobile home or a lot occupied by a mobile home in which no person resides and no rent is being paid.
(Ord. 2539 § 2, 2018)
No person or entity shall close or convert a mobile home park in the city without first complying with the provisions of this article. Upon receiving a development or permit application that would result in a mobile home park closure or conversion, the city shall notify the applicant of the requirements of this article. If the applicant wishes to proceed, the following procedures shall commence:
(a) 
Within fifteen days of submitting an application to the city, the applicant shall notify the park residents in writing of his or her intent to close or convert the park. The notice shall, at a minimum, include a general explanation of the nature and timeframes of the proposed closure or conversion, shall advise park residents that information will be sought from them to assist in determining appropriate relocation assistance, and shall include a copy of the tenants' rights under the Mobile Home Residency Law.
(b) 
Within thirty days of receiving the application, or as soon thereafter as practicable, the city shall select a third-party consultant to prepare a relocation impact report. The purpose of the relocation impact report is to examine the impacts of the mobile home park conversion on displaced residents and recommend reasonable relocation assistance to adequately mitigate identifiable and quantifiable adverse impacts.
(c) 
Prior to executing a contract with the selected consultant, the city shall notify the applicant in writing of the estimated cost of preparing the relocation impact report. Within thirty days of receiving the cost estimate, the applicant shall pay the cost as a deposit to the city for the full amount estimated. Should the estimate be higher than actual costs, the city shall reimburse the applicant for any unspent funds. Should the estimate be lower than actual costs, the applicant shall reimburse the city for any additional costs. Alternatively, the city council may establish by resolution reasonable fees to cover the estimated costs of preparing a relocation impact report to serve as the deposit amount until actual costs are determined.
(d) 
Once a consultant is selected to prepare the relocation impact report, the applicant shall notify the park residents of the selected consultant, his or her contact information, and credentials. In addition, the applicant shall notify park residents that the city is seeking representatives to serve on a residents' advisory committee. Park residents may, but are not required to, form a residents' advisory committee, and shall notify the city if and when a committee is established. The purpose of the residents' advisory committee is to ensure park residents are adequately represented, involved, and informed during the mobile home conversion process. The city, applicant, and consultant shall make reasonable good faith efforts to consult the residents' advisory committee members when possible, including for participation in non-public meetings and discussions. Formation of a residents' advisory committee shall not otherwise operate to restrict or prohibit individual park residents from providing public comment at any public meeting.
(e) 
Once a residents' advisory committee is fully formed, and within sixty days, the applicant shall organize and convene in-person meetings with the residents' advisory committee to explain the process for closure or conversion and the consultant's role in preparing the relocation impact report. For parks with less than one hundred homes, the applicant shall hold at least two meetings. For parks larger than one hundred homes, the applicant shall hold one meeting for every fifty additional homes. The applicant shall conduct the meetings on park premises, unless otherwise mutually agreed to by the applicant and park residents, at a mutually agreed upon date and time. Once scheduled, the applicant must inform the city of the meeting times.
(f) 
Upon completion of the relocation impact report, which shall take no more than one hundred eighty days from execution of the contract, the consultant shall submit a draft to the city. The city shall have thirty days to review the draft and verify completeness per the required elements specified in Section 18.12.050. If necessary in the city's sole discretion, the city may request additional time to conduct its review and/or verify the accuracy of the information contained in the report.
(g) 
Once the city determines the report is complete, the city shall release the report to the applicant and the residents' advisory committee. Within fifteen days of receiving the report, the applicant shall make hard copies available to each park resident. The city shall not schedule a public hearing before the city council to consider the report until at least forty-five days after the report is released to the applicant and residents' advisory committee.
(h) 
The city shall schedule at least two public hearings—one before the planning commission and one before the social services commission—before scheduling a public hearing on the report for city council consideration. If a majority of park residents are sixty-two years of age or older, the city shall also schedule a public hearing before the senior citizen commission. For each hearing, the applicant shall inform park residents in writing about the upcoming hearings at least fifteen days in advance. The planning commission, social services commission, and senior citizen commission, as applicable, shall serve as delegated advisory agencies to review the relocation impact report, pursuant to Government Code Section 65863.7. Each commission shall consider and provide recommendations to the city council regarding the completeness of the relocation impact report and the reasonableness of relocation assistance to mitigate adverse impacts on displaced residents.
When deliberating, each commission shall consider the following factors:
(1) 
Whether there will exist, at the time of closure or conversion, available and comparable mobile home parks or other housing options within a thirty-mile radius from the city to accommodate the displaced residents;
(2) 
Whether the age, health, income, and employment status of park residents are such that the residents are capable of relocating to available and comparable mobile home parks or other housing options within a thirty-mile radius from the city;
(3) 
Whether there is evidence the applicant stopped filling vacancies, attempted to evict, or otherwise caused the removal of residents for the purpose of avoiding or reducing the payment of relocation assistance;
(4) 
Whether the applicant properly prepared and served notices required by this article and other applicable laws;
(5) 
If the proposed conversion is to another residential use, whether the residents of the mobile home park will have an opportunity to purchase the new units, if for sale, or lease the new units, if for rent, and whether the construction schedule will result in unreasonable long-term displacements;
(6) 
Whether reasonable relocation assistance can be provided to adequately mitigate adverse impacts to park residents, including maintaining a similar lifestyle in terms of financial, physical, and social well-being;
(7) 
Whether the methodology used to estimate reasonable relocation assistance is reasonable and adequate under the circumstances, as compared to the methodologies utilized by previous relocation impact reports or similar reports conducted in California;
(8) 
Whether the methodology used to calculate in-place, fair market value is according to industry standards;
(9) 
Whether the relocation impact report adequately accounts for individualized circumstances;
(10) 
Whether the relocation impact report recommends a reasonable timeline for the disbursement of relocation assistance and for when residents must vacate;
(11) 
Whether the proposed closure or conversion is consistent with the goals, policies, and objectives of the city's general plan, any applicable specific plans, and/or zoning ordinances; and
(12) 
Whether the proposed closure or conversion will be detrimental to public health, safety, and general welfare of the community.
(i) 
Following the public hearings before each advisory body, the city shall schedule a public hearing before the city council. As with the previous public hearings, the applicant shall notify the park residents in writing about the upcoming hearing at least fifteen days in advance. The city council shall consider the recommendations provided by each advisory body; however, the city council shall retain the final decision-making authority. As with the commissions, the city council shall consider the aforementioned factors to determine the completeness of the relocation impact report and the reasonableness of the relocation assistance as adequate mitigation of identifiable and quantifiable adverse impacts on displaced residents.
(j) 
Should the city council find the relocation impact report to be incomplete or the relocation assistance to be inadequate or unreasonable, the city council may defer approval of the report. The consultant, in consultation with the city attorney's office, shall have sixty days to either address the city council's stated concern(s) by revising the report or provide the city council with a justification as to why the stated concern(s) cannot be addressed. Once complete, the city shall schedule another public hearing and notify the applicant. The applicant shall inform park residents in writing about the upcoming hearing at least fifteen days in advance.
(Ord. 2539 § 2, 2018)
At a minimum, the relocation impact report must contain the following elements to the extent the information is available and/or provided to the consultant:
(a) 
A description of the applicant's current use;
(b) 
A description of the applicant's proposed new use, if a conversion;
(c) 
A history of the average monthly lot rental rate for the past five years;
(d) 
A history of the average monthly vacancy rate for the past five years;
(e) 
A history of evictions for the past five years;
(f) 
A summary of comparable mobile home parks within a thirty-mile radius, including, but not limited to:
(1) 
General park information,
(2) 
Current lot rental rates,
(3) 
Total number of lots,
(4) 
Total number of available lots,
(5) 
Restrictions on acceptance,
(6) 
Description of available park amenities,
(7) 
Description of availability and proximity to social and recreational services;
(g) 
A summary of comparable housing options within a thirty-mile radius, including, but not limited to:
(1) 
General complex/development information,
(2) 
Current leasing/ownership rates,
(3) 
Total number of units/homes,
(4) 
Total number of available units/homes,
(5) 
Restrictions on acceptance,
(6) 
Description of available complex or neighborhood amenities,
(7) 
Description of availability and proximity to social and recreational services;
(h) 
An individualized fair and reasonable relocation assistance plan for each park resident, to the extent practicable, based on the following factors:
(1) 
Resident and household information:
(A) 
Number of household members and dependents,
(B) 
Age of household members,
(C) 
Disability status of household members,
(D) 
Employment status of household members,
(E) 
If employed, employer address, to determine impacts on commute times and ability to get to and from work,
(F) 
Annual household income,
(G) 
Monthly mortgage payment including taxes, if applicable,
(H) 
Monthly mobile home rental payment, if applicable,
(I) 
Monthly lot rental payment,
(J) 
Monthly average utility payment,
(K) 
The above information may be provided through a park resident survey or questionnaire, and shall remain confidential. To the extent this information is included in the relocation impact report released for public review, it may be aggregated or redacted to ensure the confidentiality of personally identifiable and sensitive information,
(2) 
Mobile home information:
(A) 
Date of manufacture,
(B) 
Type,
(C) 
Style,
(D) 
Condition,
(E) 
Lot size required,
(F) 
Description of any associated accessories and/or upgrades,
(3) 
For residents who elect to relocate their mobile homes:
(A) 
The estimated cost of relocating the mobile home, accessories, and possessions to a comparable park within a thirty-mile radius, including, but not limited to:
(i) 
Disassembly, removal, transportation, and reinstallation of the home and accessories,
(ii) 
Replacement or reconstruction of blocks, skirting, siding, porches, decks, awnings, earthquake bracing, or landscaping as applicable,
(B) 
Cost of any security deposit or upfront fees required at the new park,
(C) 
The difference between the rent paid in the existing park and any higher rent at the new park for the first twelve months of the relocated tenancy,
(4) 
For residents who cannot relocate their mobile homes to a comparable park within a thirty-mile radius or for residents who elect to sell their mobile home:
(A) 
The estimated cost of purchasing the mobile home of the displaced homeowner, including any associated accessories at one hundred percent of its in-place, fair market value:
(i) 
Such valuation shall be based upon the opinion of a state-certified appraiser with experience in establishing the value of mobile homes,
(ii) 
Such valuation shall also be based upon the in-place location and shall assume the continuation of the mobile home park in a safe, sanitary, and well-maintained condition (i.e., should not consider the closure or conversion),
(B) 
Cost of any security deposit or upfront fees required at the new site,
(C) 
If renting, the difference between the rent paid in the existing park and any higher rent at the new site for the first twelve months of the relocated tenancy;
(i) 
A detailed plan describing the relocation process including an estimated timeline for when the applicant must disburse relocation assistance and when residents must vacate;
(j) 
An explanation of methodologies utilized for calculating and estimating expenses and costs, including a description for how to derive and replicate calculations;
(k) 
A review of previous relocation impact reports conducted within the past five years in California;
(l) 
A comparative analysis evaluating how the proposed relocation impact report is similar and/or different from past relocation impact reports completed in California in terms of circumstances, methodologies, recommended relocation assistance, and outcomes;
(m) 
Identification of various relocation specialists and/or resources within the area;
(n) 
Any other information, which the city determines is necessary to implement the provisions of this article.
(Ord. 2539 § 2, 2018)
If the applicant is proposing to convert the existing mobile home park into another residential use in whole or part, the applicant shall afford eligible displaced residents the right of first refusal to purchase or lease units within the new development.
(Ord. 2539 § 2, 2018)
The provisions of this article shall not apply if the owner of the mobile home park reaches agreement to sell the mobile home park to the park residents, or a nonprofit corporation or other entity formed by the park residents for purchasing the park, in accordance with state law requirements.
(Ord. 2539 § 2, 2018)
The provisions of this article shall not apply if it is determined that the closure of a mobile home park or conversion of use of the land as a mobile home park results from an adjudication of bankruptcy. The applicant shall have the burden to produce substantial evidence that a court of competent jurisdiction has determined in connection with a proceeding in bankruptcy that the closure, cessation, or conversion of use of the affected park as a mobile home park is necessary. The documentation shall include the title, case number, and court in which the bankruptcy proceedings were held, and certified copies of all pertinent judgments, orders, and decrees of the court.
(Ord. 2539 § 2, 2018)
(a) 
An applicant may apply to the city to obtain a waiver of the requirements of this article under any of the following circumstances:
(1) 
The proposed mobile home park conversion will not result in permanent or long-term displacement of any park residents.
(2) 
The proposed mobile home park conversion is for a partial park closure to perform modifications or improvements to park facilities, and the closure will result in minimal displacement of total park residents. For purposes of this section, minimal displacement shall mean no more than two spaces are removed or closed.
(b) 
If an applicant requests a waiver under subsection (a)(2), the city's community development and sustainability director shall have discretion to grant or deny the waiver request. The decision shall be appealable to the city manager. Prior to granting the waiver request, the director shall make the following findings:
(1) 
The partial closure is for the purpose of making improvements to park facilities or park utilities that are likely to provide an increased value or benefit to the overall park and park residents.
(2) 
The applicant has adequately informed all park residents by providing written notice about the partial closure within fifteen days of submitting the waiver request. Notice should include location of proposed partial closure, estimated timeline for changes and reason(s) for closure.
(3) 
The applicant has adequately considered other feasible alternatives to avoid closing the affected spaces.
(4) 
No more spaces will be closed than is necessary to perform the proposed modifications or improvements.
(5) 
The partial closure will not be detrimental to the long-term economic viability of the park.
(6) 
The partial closure will not be detrimental to the overall health, safety and welfare of the city or the park residents.
(c) 
In addition to the findings detailed in subsection (b) above, the director shall require the applicant to furnish adequate proof that affected residents have been offered relocation to new or different spaces within the park, and/or other reasonable relocation assistance consistent with the purpose and policies of this article. This finding shall only be required if the proposed spaces to be closed are not vacant, and thus the partial closure will result in displaced residents. Nothing herein requires a resident to accept the offered relocation assistance. Adequate proof shall mean that the applicant has submitted the following information to the director:
(1) 
If new or different spaces within the park are available:
(A) 
A reasonable relocation assistance plan, to the extent practicable, that includes the following:
(i) 
For residents who elect to relocate their mobile homes, the estimated cost of relocating the mobile home consistent with the parameters specified in Section 18.12.050(h)(3)(A).
(ii) 
For residents who cannot relocate their mobile homes or who elect to sell their mobile homes, the estimated cost of purchasing the mobile home of the displaced homeowner, including any associated accessories at one hundred percent of its in-place, fair market value consistent with the parameters specified in Section 18.12.050(h)(4)(A).
(2) 
If no new or different spaces within the park are available:
(A) 
A summary of comparable mobile home parks within a thirty-mile radius consistent with the parameters specified in Section 18.12.050(f).
(B) 
A summary of comparable housing options within a thirty-mile radius consistent with the parameters specified in Section 18.12.050(g).
(C) 
A reasonable relocation assistance plan, to the extent practicable, that includes the following:
(i) 
For residents who elect to relocate their mobile homes, the information specified in Section 18.12.050(h)(3)(A).
(ii) 
For residents who cannot relocate their mobile homes or who elect to sell their mobile home, the information specified in Section 18.12.050(h)(4)(A).
(d) 
In determining whether to grant a waiver under subsections (b) and (c) above, the city may require an applicant to provide proof that all displaced residents have been or will be provided adequate notice of termination as required by law. Additionally, the city may require an applicant to provide documentation in support of an applicant's request for a waiver, including any applicable building plans, lease agreements, or other information necessary for the city to adequately evaluate the request. Failure to provide adequate supporting documentation requested by the city may constitute grounds for denying the waiver request.
(e) 
An applicant shall not obtain a waiver under subsection (a) more than twice in a five-year period.
(Ord. 2546 § 2, 2019)
Individuals who need reasonable accommodations in order to participate in the provisions of this article should inform the city at least twenty-four hours in advance of any public meeting. Such notification will enable the city to make reasonable accommodations to ensure accessibility. Examples of reasonable accommodations include, but are not limited to, written and oral translation services as well as auxiliary aids. Additionally, the city may require the applicant to provide the residents of the affected mobile home park, at no cost to the resident(s), with transportation or travel vouchers for transportation services such as taxis or city buses for those residents who do not have transportation to and from the noticed public hearings. Park residents in need of such transportation assistance shall notify the city at least seventy-two hours in advance of the public meeting.
(Ord. 2539 § 2, 2018; Ord. 2546 § 3, 2019)
To ensure the applicant does not maliciously or intentionally increase vacancy rates to avoid payment of relocation assistance to displaced park residents, in anticipation of the mobile home park conversion, from the time the applicant submits a development or permit application until the city council approves or denies the request, the city shall require the applicant to file a written notice with the community development and sustainability director if the park's average monthly vacancy rate increases by more than ten percent. The written notice must explain the reason for the increased vacancy rates. If the city suspects malicious intent, the city may consider disapproving the application, in addition to any other available remedies at law.
(Ord. 2539 § 2, 2018)
In addition to any remedies or penalties for noncompliance with any city ordinance as provided elsewhere in the city's municipal code, should the applicant violate the rights of any park resident established under this article, the applicant shall be liable to said person for actual damages caused by such violation, plus costs, and reasonable attorney fees. Furthermore, no applicant shall take any willful action to threaten, retaliate against, or harass any park resident with the intent to prevent said resident from exercising his or her rights under this article.
(Ord. 2539 § 2, 2018)
The city council may establish by resolution reasonable fees to cover any costs incurred by the city in implementing this article. The applicant shall pay such fees, subject to the provisions of this section, in accordance with the limitations of Section 65863.7(g) of the Government Code.
(Ord. 2539 § 2, 2018)