The purpose of this chapter is to ensure that any proposed conversion of an existing mobile home park to any other use is preceded by adequate notice, that the social and fiscal impacts of the proposed conversion are adequately defined prior to consideration of a proposed conversion and that relocation and other assistance is provided park residents, consistent with the provisions of this chapter and Sections 65863.7 and 66427.4 of the California Government Code. Conversions of mobile home parks may conflict with the policies of the city of Rohnert Park to provide a variety of tenure, type, price, and location of housing and to maintain the supply of mobile home housing for low- and moderate-income persons and families. This chapter is enacted to ensure that approval of proposed conversions and cessation of use is consistent with policies and objectives of the city of Rohnert Park, particularly the following:

A.

To make adequate provision for the housing needs of all economic segments of the community;

B.

To provide a reasonable balance between mobile homes and other types of housing;

C.

To inform prospective participants in a conversion project regarding the physical conditions of the structures and land offered for purchase;

D.

To reduce and avoid the displacement of long-term residents, particularly senior citizens, the handicapped, low-income households, and families with school-age children who may be required to move from the community due to a shortage of replacement mobile home housing or other affordable housing alternatives.

(Ord. 695 § 3, 2003)

A.

A variety of State of California laws address subjects relating to mobile homes, mobile home parks, the valuation of mobile homes, and the purchase of mobile home parks by non-profit resident organizations. In adopting this chapter, the city council recognizes that these laws—for example, the Mobile Home Parks Act (Part 2.1 of Division 13 of the Health and Safety Code); the Subdivision Map Act (Part of Division 2 of the Government Code); the Subdivided Lands Act (Part 2 of Division 4 of the Business and Professions Code)—preempt local legislation on the subject matter areas addressed by these state laws. Nothing in this chapter shall, in any way, be construed, interpreted or implemented in a way that conflicts with state law.

B.

The Constitutions of the State of California and the United States provide the owner of private property with certain procedural and substantive rights of due process. It is the intention of the city council in adopting this chapter to respect, to the fullest extent of the law, those procedural and substantive rights of due process. Nothing in this chapter shall, in any, be construed, interpreted or implemented in a way that deprives a private property owner of procedural and substantive due process under the Constitutions of the State of California and the United States.

(Ord. 695 § 3, 2003)

For the purpose of this chapter, certain words and phrases are defined in this part and shall be construed as herein set forth unless it shall be apparent from their context that a different meaning is intended.

"Comparable housing" means housing that is comparable in floor area and number of bedrooms to the mobile home to which comparison is being made, which housing meets the minimum standards of the State Uniform Housing Code.

"Comparable mobile home park" means any other mobile home park substantially equivalent in terms of park conditions, amenities and other relevant factors.

"Conversion project" means changing the use of a mobile home park for a purpose other than the rental, or the holding out for rent, of two or more mobile home sites to accommodate mobile homes used for human habitation. A conversion shall include, but not be limited to, a change of any existing mobile home park or any portion thereof to condominium, stock cooperative, planned unit development, or any form of ownership wherein spaces within the mobile home park are to be sold, or the cessation of use of all or a portion of the park as a mobile home park, whether immediately or on a gradual basis, or the closure of a park. "Conversion" shall not include the purchase of the park by its existing residents.

"Property owner" means the owner or subdivider with a controlling proprietary interest in the proposed mobile home park conversion project.

"Designated resident organization" means any association of mobile home owners and/or mobile home residents within a mobile home park which has, not later than fifteen days after issuance of a notice of intent to convert, provided the owner or manager of the mobile home 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 mobile home park.

"Disabled mobile home owner" means a mobile home 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 mobile home. "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.

"Mobile home" 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. Mobile home includes a manufactured home, as defined in Section 18007 of the Health and Safety Code, and a mobile home as defined in Section 18008 of the Health and Safety Code, but does not include a recreational vehicle, as defined in Civil Code Section 799.24, or a commercial coach, as defined herein and in Section 18001.8 of the Health and Safety Code.

"Mobile home lot" means a portion of a mobile home park designated or used for the occupancy of one mobile home.

"Mobile home owner" means a person who has the right to the use of a mobile home lot within a mobile home park on which to locate, maintain, and occupy a mobile home, lot improvements and accessory structures for human habitation, including the use of the services and facilities of the park.

"Mobile home park" means an area of land where two or more mobile home lots are rented or leased, or held out for rent or lease, to accommodate mobile homes used for human habitation.

"Mobile home resident" means a person, including a mobile home owner, who occupies a mobile home.

"Organizational documents" means the declaration of covenants, conditions and restrictions, articles of incorporation, bylaws, and any contracts for the maintenance, management or operation of all or any part of a mobile home park conversion to ownership project.

(Ord. 695 § 3, 2003)

A.

Use permit required. A conversion project shall be permitted, subject to the approval of a conditional use permit, if the use to which the mobile home park will be converted is allowed in the zoning district.

B.

Notice of intent to convert. At least sixty days prior to the date of filing an application for a use permit for a conversion project, the property owner shall notify, in writing by certified mail, each mobile home owner and the designated resident organization of the proposed project of his/her intention to convert. Said notice of intention to convert shall contain a statement that (1) the property owner proposes a Conversion Project; (2) the property owner will file an application for a conditional use permit with the city of Rohnert Park; (3) a Designated Resident Organization has the rights set forth in subsection 17.23.030 C; and, if applicable, (4) the property owner shall file an application for a final public report with the California Department of Real Estate.

After the date of the notice of intention to convert, the property owner shall, provide a copy of the notice to each person applying for rental of a mobile home lot in the proposed project, prior to payment of any rent or deposit. Said notice shall be posted at all entrances of the mobile home park and in a conspicuous location in the office and/or clubhouse that is visible to all residents (e.g., on an existing bulletin board used for activity notices).

C.

Right of negotiated purchase. A designated resident organization shall have the right to negotiate for purchase of a mobile home park for which a conversion project is proposed, if written notice of the exercise of this right is provided to the property owner within forty-five days of the date of issuance of the notice of intention to convert.

D.

Negotiation for purchase. If a written notice has been provided to the property owner pursuant to paragraph subsection C above, the following procedure shall be followed:

1.

The city shall not accept an application for a conditional use permit for the conversion project for ninety days from the date the designated resident organization provided written notice to the property owner in order that good faith negotiations can be encouraged and such steps may be taken as are reasonably likely to result in preservation of the mobile home park and the housing opportunities therein.

2.

Within fifteen days of receipt of notice provided pursuant to subsection C, the property owner, or the property owner's designated agent, shall meet with the designated resident organization that has provided such notice in order to explore the possibility of acquisition of the park by such organization.

3.

If at the end of the ninety-day period a negotiated purchase is not agreed upon, the city shall accept an application for a use permit for the conversion project.

E.

Supplemental information required. In addition to submittal requirements otherwise required for a conditional use permit application, the following information must be submitted for every conversion project:

1.

A declaration that, after the date of filing such application, each person applying for rental of a mobile home or mobile home lot in the proposed project prior to payment of any rent or deposit, shall receive, pursuant to Section 17.23.030, subsection B, written notification of intention to convert.

2.

A statement detailing the current ownership of all improvements and underlying land; the name and address of each present resident and mobile home owner within the mobile home park on three sets of gummed labels for the mailing of public hearing notice.

3.

A timetable for conversion of the mobile home park use.

4.

A report on the impact of the conversion project on the mobile home park residents and a relocation and purchase assistance plan addressing the availability of replacement housing for existing tenants of the mobile home park consistent with Sections 17.23.040 and 17.23.050, respectively, and Section 65863.7 of the California Government Code.

5.

A boundary map and survey showing the location of all existing easements, structures, mature and/or scenic trees, and other improvements upon the property.

6.

If applicable, the proposed organizational documents and true copies of any and all documents submitted to the California Department of Real Estate for the proposed conversion project subject to the following provisions:

a.

The property owner shall file with the planning and community development director a true copy of any amended, revised or additional documents submitted to the Department of Real Estate ten days prior to the public hearing before the planning commission on a conditional use permit for a conversion project.

b.

The property owner shall file with the planning and community development director a true copy of the final public report within ten days of issuance by the Department of Real Estate.

7.

Such other documents or information as the planning and community development director may require to further the purposes of this chapter. Copies of the supplemental application shall be made available upon request at the on-site office of the mobile home park, during regular business hours, to mobile home owners and mobile home residents.

F.

Applicant's notice of hearing to park residents. Within twenty days of receipt of a use permit application or at least thirty days prior to a hearing on a use permit application for a conversion project, whichever is later, the planning and community development director shall inform the applicant in writing of the requirements of Civil Code Section 798.56 and this chapter regarding the notification of the mobile home park residents and homeowners concerning the public hearing on the proposed conversion.

G.

Complete application. No use permit application for a conversion project shall be deemed complete and processing for consideration shall not commence until satisfactory evidence that the applicant provided each resident and mobile home owner within the proposed project, pursuant this section, written notice of intention to convert. In addition, satisfactory evidence of the posting of said notice at all entrances to the mobile home park and in a conspicuous location shall be submitted.

H.

Special noticing requirements. In addition to the notice otherwise given for a public hearing to consider an application for a use permit, the following notices shall be mailed or posted:

1.

The planning and community development director shall provide the following notice:

a.

At least ten days before the date set for hearing, a notice of the time, place, and purpose of any public hearing on an application for a conversion project shall be sent to each resident and mobile home owner of the proposed project.

b.

A copy of the staff report on an application for a conditional use permit for a conversion project shall be mailed to each mobile home owner at least five days before the date set for hearing thereon.

The failure of the planning and community development director to mail any notice or report, or the failure of any mobile home owner to receive the same, shall not affect the validity of any proceedings taken under this chapter, nor prevent the planning commission from proceeding with any hearing at the time and place set therefor.

2.

In addition to the above noticing requirements and at least ten days prior to the date of the public hearing, the property owner shall cause to be prepared and installed at all park entrances a thirty-two sq. ft. sign describing the proposed project and giving the date, time and location of the public hearing. The sign material, color, type style, and installation shall be approved by the planning and community development director.

3.

Within five days of receipt of a final public report on the proposed project from the California Department of Real Estate, if applicable, the property owner shall notify each of the mobile home owners in the proposed conversion project of the issuance of said report. The notice shall indicate that copies of said report are available on request.

I.

Educational forum. At the time an application for use permit is filed for a mobile home park conversion of use and prior to the public hearing on the application, the planning and community development director shall hold an educational forum for the mobile home owners and mobile home park residents to explain the application process and the requirements for, and components of, a conversion impact report and relocation and purchase assistance plan. Simplified educational materials regarding the ordinance shall be prepared, as appropriate, for distribution to the residents and mobile home owners.

(Ord. 695 § 3, 2003)

A.

Impact report. At any time an application for a use permit is filed for a conversion project, or at least one year before the closure of a mobile home park or the cessation of use of the land as a mobile home park, the property owner shall file a conversion impact report with the planning and community development director. The report shall address the availability of adequate replacement housing in mobile home parks and relocation costs. The impact report also shall be given to residents of the affected mobile home park at least fifteen days before any public hearing scheduled on the use permit or impact report.

B.

Contents of the impact report. At a minimum the conversion impact report shall include the following, as well as any other information deemed necessary and appropriate by the planning director:

1.

A detailed description of the mobile home spaces within the mobile home park, including but not limited to:

a.

The total number of mobile home spaces in the park and the number of spaces occupied; the monthly space vacancy over the preceding two years of each mobile home lot proposed to be converted;

b.

The square footage of each mobile home lot and the length of time each space has been occupied by the present resident(s) thereof;

c.

The age, size, and type of mobile home occupying each space;

d.

The current or last monthly rent charged for each space, including any utilities or other costs paid by the present resident(s) thereof, and the rental rate for the preceding two years.

2.

Identification of all residents sixty-two years and over, all residents with minor children, and all permanently disabled residents. The number of very-low, low, and moderate income residents shall also be provided.

3.

A list of all comparable mobile home parks within the city of Rohnert Park and Sonoma County with vacancies. This list shall include the age of the mobile home park and the mobile homes therein, a schedule of rents for each park listed including the duration that leases are offered at the reported rent, and the criteria of the management of each park for acceptance of new tenants and used mobile homes. 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. Any written commitments from mobile home park owners willing to accept displaced mobile home owners shall be provided with the listing of known available mobile home lots.

4.

A detailed analysis of the economic impact of the relocation on the tenants including comparisons of current rents paid and rents to be paid at comparable mobile home parks within the city of Rohnert Park or Sonoma County, estimates from two moving companies as to the per mile costs of moving mobile homes of various sizes including, but not limited to, tear down and set up of homes, and the moving of personal property, and any direct or indirect costs associated with a relocation to another mobile home park.

5.

A list of the names, addresses, and telephone numbers of one or more housing specialists, with an explanation of the services the specialists will perform at the applicant's expense for the residents to be displaced. These services shall include but not be limited to assistance in locating a suitable replacement mobile home park, coordination of moving the mobile home and personal property, and any other tasks necessary to facilitate the relocation to another comparable mobile home park.

6.

The report shall also contain the property owner's best estimate of the number of spaces in the park being closed that may be accommodated in other locations and the number of spaces for which no reasonable alternative location exists.

C.

Hearing on the impact report. Within forty-five days of a use permit application for conversion or closure project being determined complete, the planning commission shall hold a public hearing on the report and its contents. Notice of the public hearing shall be in accordance with the provisions of Chapter 17.25 Article XI of this title and Section 17.23.030, subsection H, above.

D.

Mitigation measures. At the public hearing, the planning commission shall hear and consider all matters brought before it for consideration, including matters to mitigate the impact of the conversion of use, closure or cessation of use. The cost of mitigation measures selected by the planning commission shall not exceed the reasonable costs of relocation as further described in Section 17.23.050.

(Ord. 695 § 3, 2003)

A.

Relocation and purchase assistance plan. At any time an application for a use permit is filed for a conversion project, the property owner shall file a relocation and purchase assistance plan with the planning and community development director. The plan shall include a program of relocation and purchase assistance for displaced residents and mobile home owners who resided in the park prior to the filing of a use permit for a conversion project. The plan also shall be filed with and given to residents of the affected mobile home park at least fifteen days before any public hearing scheduled on the use permit.

B.

Contents of the relocation and purchase assistance plan. At a minimum the plan shall include the following, as well as any other information deemed necessary and appropriate by the planning director:

1.

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

2.

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

3.

The plan shall provide for relocation assistance, for a minimum period of twelve months following the closure of the mobile home park, to very-low, low, and moderate income residents and senior citizens over the age of sixty-two residing in the park.

4.

The plan shall provide guarantees that all tenants sixty-two years of age or older and all tenants who are medically proven to be permanently disabled 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 of Rohnert Park or Sonoma County (other locations may be included if agreed to by the resident or mobile home owner) to any tenant who relocates from the park after city approval of a 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, and 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 twelve months of the relocated tenancy. When any tenant has given notice of his intent to move prior to the applicant's submittal to the city of a use permit application for a conversion project, 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 of Rohnert Park or Sonoma County (and no other identified location is acceptable to the homeowner) and the mobile home owner has elected to sell his or her mobile home, than 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. Such value shall be determined after consideration of relevant factors, including the value of the mobile home in its current location including the blocks, skirting, siding, porches, decks, awnings, storage sheds, cabanas, and earthquake bracing, 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 value of a mobile home, the applicant and the homeowner shall have appraisals prepared by separate qualified California licensed appraisers with experience, within the last three years, in establishing the value of at least three mobile homes. The appraisals are to be made no more than sixty days prior to their submittal. The city council shall determine the value based on the average of the appraisals submitted by the applicant and the mobile home owner.

7.

Additional measures to mitigate the adverse impacts of conversion upon mobile home park residents and homeowners may be included in the relocation and purchase assistance plan. These measures may include but not be limited to:

a.

For those who move to a multiple or a two-family dwelling, provision of a rent subsidy for up to twenty-four months. Rent shall not exceed the fair market rent for equivalent housing in Sonoma County as established by the U.S. Department of Housing and Urban Development. "Rent subsidy" is the difference between the rent of a multi-family dwelling and the rent of the mobile home space or mobile home on the date of notice to convert.

b.

Payment of the difference between the old and new mobile home park spaces for up to twenty-four months.

c.

A program for extended leases or rental agreements for mobile home owners and residents who are handicapped, aged sixty-two or over, of low income, and/or with minor children. The purpose of such extended leases or rental agreements is to provide added time for relocation and purchase assistance for mobile home owners and residents that may have difficulty in securing other housing. "Extended lease or rental agreement" is a lease or rental agreement whose expiration date is extended at least ninety days.

(Ord. 695 § 3, 2003)

In approving a use permit for conversion project, the city council shall find, in addition to the conditional use permit findings, that the proposed conversion meets the following requirements:

A.

That the proposed use of the property is consistent with the general plan.

B.

That the residents of the mobile home park have been notified, pursuant to this chapter of the proposed conversion, including information pertaining to the anticipated timing of the proposed conversions.

C.

That the conversion will not result in the displacement of very low, low, or moderate income mobile home residents or senior citizens over the age of sixty-two who cannot afford rents charged in other mobile home parks within the city of Rohnert Park or Sonoma County, unless otherwise approved by the city council.

D.

That the age, type, size, and style of mobile homes to be displaced as a result of the conversion will be able to be relocated into other comparable mobile home parks within the city of Rohnert Park or Sonoma County or in a location acceptable to a mobile home owner or resident that will be displaced, or that the applicant has agreed to purchase any mobile home that cannot be relocated as provided for in this chapter.

E.

That any mobile home residents displaced as a result of the conversion shall be compensated by the applicant for all reasonable costs incurred as a result of their relocation.

F.

That the relocation and purchase assistance plan mitigates the impacts of the displacement of individuals or households for a reasonable transition period and mitigates the impacts of any long-term displacement.

(Ord. 695 § 3, 2003)

The city council shall impose any necessary and appropriate conditions of approval to satisfy and implement the intent, purpose and content of this chapter including, but not limited to, full implementation of the relocation and purchase assistance plan prior to the establishment of a new use or the cessation or closure of the mobile home park use.

(Ord. 695 § 3, 2003)

No building permit shall be issued for the development of or on any real property which is being converted from a mobile home park pursuant to this chapter unless and until the applicant has filed with the planning and community development director a verified statement made under penalty of perjury that all conditions of approval have been met or otherwise incorporated into the final project plans including the payment of all required relocation assistance required pursuant to this chapter. Such statement shall identify in itemized form each payee, the amount paid, the date of payment, and the type of relocation or other assistance for which each such payment was made.

(Ord. 695 § 3, 2003)

The city council may by resolution, adopt reasonable fees and a reasonable fee schedule for costs incurred by the city in implementing the provisions of this chapter.

(Ord. 695 § 3, 2003)