HomeMy WebLinkAbout07/07/2009, PH 1 - CONSIDERATION OF NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND INTRODUCTION OF REVISED ORDINANCE counat d
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CITY OF SAN LUIS OBISPO
FROM: Jonathan P. Lowell, City Attorney
Prepared By: J. Christine Dietrick, Assistant City Attorney
SUBJECT: CONSIDERATION OF NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT AND INTRODUCTION OF REVISED
ORDINANCE REGULATING THE CLOSURE OR CONVERSION TO
OTHER USES OF MOBILE HOME PARKS WITHIN THE CITY
RECOMMENDATION
As recommended by the Planning Commission and as modified pursuant to Council direction on
May 5, 2009:
1. Adopt a Negative Declaration of environmental impact for a proposed ordinance governing
the closure and conversion to other uses of mobile home parks within the City, and
2. Introduce an ordinance adopting new Chapter 5.45 of the San Luis Obispo Municipal Code
regulating mobile home park conversions.
REPORT-IN-BRIEF
On March 11, 2009, the Planning Commission considered the draft ordinance and recommended
adoption by the City Council. On May 5, 2009, the City Council held a public hearing and
conducted its first review of the proposed mobile home park conversion ordinance, which would
constitute new Chapter 5.45 of the Municipal Code. The proposed ordinance builds upon
existing state law and local policy, establishing a framework for City review of proposed mobile
home park closures or conversions.
While Council and members of the public who testified were generally supportive of the
ordinance, there were concerns raised. Council provided direction to staff to conduct additional
research and return with a revised ordinance for Council's consideration as follows:
1. Clarify the distinction between resident owners, absentee owners, and resident tenants of
mobile homes in City mobile home parks and specify distinct levels of relocation assistance
available to each category of mobile home park residents, with the highest level of assistance
afforded to resident owners.
2. If legally supportable, extend the level of assistance afforded to resident owners to those who
own their units for the purpose of providing a primary place of residence to their family
members or dependents.
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Mobile Home Park Conversion Ordinance Page 2
Staff has concluded that the directed revisions are legally supportable and has redrafted the
proposed ordinance to implement Council's direction. The scope and analysis of the revisions is
discussed in greater detail below.
Additionally, owners and representatives of some of the City's smaller, older parks requested
consideration of an exemption from the ordinance's relocation assistance requirements for mobile
home parks that they assert are properly characterized as "travel trailer parks," rather than
traditional mobile home parks. The Council majority was not in favor of redrafting the ordinance
as suggested. However, the Council majority did express interest in receiving more information
regarding the feasibility and effectiveness of the type of exemption advocated by the park owners
in light of state law and City policy. That analysis is also provided below.
DISCUSSION
Proposed Ordinance Revisions
Revisions to address Council's direction can be found primarily in sections 5.45.020
(Definitions) and 5.45.080 B (Decisions Regarding Conversion Impact Report) and are reflected
in legislative draft form in Attachment 1. First, the definitions of"absentee owner" and "resident
owner" have been modified to reflect that persons who purchase and maintain their mobile
homes to provide housing for immediate family members who occupy the home as a primary
residence are to be considered "resident owners," rather than "absentee owners." Also, a
definition of"immediate family member" has been added, which further clarifies the distinction
between resident and absentee owners. Consistent with the definitional changes, language has
been added to the provisions in section 5.45.080 to specify the types of assistance that an
applicant may be required to provide to a resident, based on the individual's status as a resident
owner, absentee owner or resident tenant. The language is intended to alleviate concerns that an
applicant could be burdened with cumulative relocation assistance obligations that could exceed
"the reasonable costs of relocation" and to expressly communicate that certain types of assistance
(i.e. expenses associated with forfeiting or relocating a home) are available only to the owner of
the home and not to renters.
Relocation Assistance Based on Family Member Occupancy
During Council discussions of the desired changes, there was concern raised that the extension of
the highest level of relocation assistance to non-resident owners who own their homes to provide
housing to family members or dependents may conflict with privacy rights established by the
California Supreme Court in the case of Adamson v. Santa Barbara (1980), 27 Cal. 3d 123. In
that case, the California Supreme Court considered a challenge to Santa Barbara Municipal Code
provisions prohibiting more than five unrelated persons, excluding servants, from living together
in the city's residential zones, unless related by blood, marriage or legal adoption. The Court
concluded that the ordinance's definition of family and the related occupancy restrictions
implicated fundamental privacy rights protected by the California Constitution by effecting an
unwarranted governmental intrusion upon private citizens' freedom of association and privacy
rights to choose those with whom they reside. Thus, the city was required to demonstrate that it
Mobile Home Park Conversion Ordinance Page 3
had a compelling interest in regulating communal living situations, that its interests were
advanced by its regulations, and that those interests could not be served by a less restrictive
method of regulation. Santa Barbara could not demonstrate that the regulation in question
addressed its stated interests because the regulation turned on the familial status of the residents,
rather than on the potential for adverse neighborhood impacts associated with parking, noise and
overcrowding that can result from high density occupancies. In short, the ordinance prohibited
occupancies by unrelated persons that might result in little or no adverse neighborhood impacts,
while leaving unregulated occupancies by extremely large families, including an unlimited
number of household staff that could result in tremendous adverse impacts on neighborhoods.
The only distinction between the regulated and the unregulated was whether the group was
related. Thus, the regulation implicated a fundamental right, was not narrowly tailored to serve
the stated interest, and was invalid.
The ordinance provisions proposed here differ in significant respects from the type of regulation
at issue in Adamson. First, there is no fundamental right to receive the type of relocation
assistance at issue here; the decision to require such assistance, along with defining the criteria
upon which such assistance may be required, is statutorily left to the discretion of the City.
Additionally, the ordinance does not require any resident to disclose information regarding
familial relationships or living arrangements unless the individual voluntarily chooses to seek the
benefit afforded under the proposed ordinance. There is a comprehensive body of law upholding
the legality of providing benefits based, in part, on familial relationships. Examples of such
benefits programs include health insurance, state and federal income tax deductions, death
benefits, social security and many forms of public assistance. Because this ordinance creates the
type of"opt in" benefit that permits residents the choice to seek the benefit provided or not, the
application of the regulation is voluntary rather than mandatory. Specific language has been
added to section 5.45.05 of the ordinance to convey the clear intent that a resident is not required
to provide the type of information necessary to establish eligibility for resident home owner
assistance unless an affected non-resident owner voluntarily elects to provide such information in
support of a request for the specified form of relocation assistance. .
Finally, the availability of resident home owner relocation assistance is not strictly limited based
on family status established by blood, marriage, domestic partnership or adoption. Rather the
ordinance recognizes that there may be circumstances in which an individual is providing
housing to an unrelated dependant, which would situate them similarly to family members
providing one another with housing assistance. Thus, the ordinance includes a provision that
would extend the resident owner relocation assistance to individuals who own the home for the
benefit of any other person claimed as a dependent of the owner for federal tax purposes.
Home Owner Versus Renter Relocation Assistance
The Council majority favored clearer distinction between and specification of the levels of
assistance available to resident owners, absentee owners, and resident tenants. The desire for
such clarification arose from clear consensus among both Council members and testifying
members of the public that the relative impacts of a park closure would be significantly greater
for an individual who owns his or her home and has made a substantial investment in that asset
than for a renter. The Council consensus seemed to be that a renter in a mobile home park is not
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Mobile Home Park Conversion Ordinance Page 4
in a substantially different position than a renter in an apartment or any other rental housing
situation and the level of relocation assistance available should clearly reflect that similar
situation.
Some questions arose during Council's initial review of the ordinance as to whether distinctions
between renters and home owners are permissible under state law. It is clear that such
distinctions are permissible and within the discretion of the City to establish in the context of
relocation assistance. A more detailed analysis of the applicable state law is set forth in the June
18 letter from James Buttery, included as Attachment 2. Staff concurs with the analysis to the
extent that it accurately reflects state law.
The ordinance revisions proposed reflect Council's direction, while recognizing the requirements
of state law and attempting to maintain consistency with City General Plan policy. As was
discussed in greater detail in the May 5 staff report, mobile homes in City mobile home parks
represent a significant portion of housing available at a price point accessible to low and
moderate income individuals and families in the City. General Plan Housing Element policy
3.6.2 dictates that the City will require a developer who is displacing affordable housing "to
assist displaced residents find affordable local replacement housing" through such measures as
providing "...first priority in purchasing or renting new affordable dwellings to be developed on-
site, assistance with relocation costs, or other financial measures." Similarly, Housing Element
Policy 3.15.2 provides that the City will "[p]reserve manufactured housing parks and support
changes in this form of tenure only if such changes provide residents with greater long-term
security or comparable housing in terms of quality, cost, and livability."
Distinctions between renters and owners are permissible under state law and are reasonable under
the proposed ordinance in terms of the level of impact likely to result from a park closure. The
ordinance revisions proposed seek to strike a balance between the requirements imposed upon
applicants and the reality that many displaced renters will be moderate, low or very low income
persons who cannot find equivalent cost housing in the City. Thus, the revisions reflect a level of
assistance generally above the first and last month's rent approach advocated by some park
owners ("expenses of assuming tenancy" including moving costs, first and last month's rent, and
security deposits), but providing assistance with rent differentials for replacement housing only
for low and extremely low income individuals. The level of assistance proposed continues to
respect City policies, which do not distinguish between home owners and renters, but are focused
on mitigating affordable housing loss impacts on "residents." The emphasis of the proposed
ordinance, consistent with City policy, is on providing relocation assistance and promoting the
long term security and provision of comparable housing to those most impacted by the loss of
affordable housing sources.
Mobile Home Park Versus Trailer Park Distinction
Council requested further information pertinent to the consideration of making some distinction
between mobile home parks of differing age and character within the City. As was noted at the
prior public hearing, there is no such distinction under state law relevant to the application of the
proposed ordinance. Civil Code § 798.4 of the Mobilehome Residency Law defines "mobilehome
park" very simply as: "an area of land where two or more mobilehome sites are rented, or held
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Mobile Home Park Conversion Ordinance Page 5
out for rent, to accommodate mobilehomes used for human habitation." The definition of
"mobilehome" under the Mobilehome Residency Law (section 798.3) includes both mobile and
manufactured homes, of the larger and newer design (on or after 1976), as described by the park
owner representatives advocating a distinction under the ordinance. However, the definition also
includes"travel trailers" and "recreational vehicles," where such structures have occupied a site
in a park for nine or more continuous months since 1992. Thus, there is a distinction between
mobile and manufactured homes and travel trailers and recreational vehicles under state law.
However, there is no distinction under state law with regard to the protections afforded to the
owners and residents of those various structures to the extent that they are located within parks
and occupied by residents for longer periods. In other words, residents and owners of mobile
homes, manufactured homes, travel trailers and recreational vehicles living in parks that
accommodate longer duration occupancies are all entitled to the same residency protections under
state law.
The Planning and Zoning Law and Subdivision Map Act provisions addressing mobile home
park conversion requirements likewise make no distinction in their applicability akin to that
advocated by some of the park owners here. Thus, even if Council opted to exclude certain City
parks from the coverage of the City's conversion ordinance, all' of the City's parks would
continue to be subject to the requirements of state law. Irrespective of the City's ordinance
requirements, a park owner wishing to convert would continue to be required to file an impact
report with the City, the City would be required to make a determination as to the sufficiency of
the report, and the City would retain the discretion to require relocation assistance. Under
existing City General plan policies, the City is mandated to require the developer to provide some
form of assistance to displaced residents in locating adequate replacement housing. Thus, if
certain parks were exempted from the coverage of the ordinance, the process for a City review of
a proposed conversion or closure would remain largely the same, except that there would be a
higher degree of ambiguity as to the form of relocation assistance that would be required. From
staff s perspective, this would be an unadvisable two class system that would yield very little
practical benefit for applicants and would create administrative confusion for City staff and park
residents.
Environmental Determination
In December 2008, the Community Development Department completed the Initial Study of the
proposed ordinance and issued a Negative Declaration of Environmental Impact to reflect that the
adoption of the ordinance could not have a significant effect on the environment. The basis for
the environmental determination is that the Mobile Home Park Conversion Ordinance is
administrative in nature and establishes a framework to review proposed mobile home park
closures and/or conversions for the purpose of mitigating adverse impacts to residents and mobile
home owners. Any proposal to convert a mobile home park pursuant to the ordinance would be
reviewed as a discretionary entitlement and will be subject to separate environmental review
pursuant to CEQA to evaluate project specific impacts. The ordinance itself would neither
permit nor preclude any specific development proposal, but rather dictates the process by which
the impacts to mobile home park residents of any proposed conversion/closure would be
evaluated within the City.
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Mobile Home Park Conversion Ordinance Page 6
Accordingly, staff is recommending that the Council adopt the Negative Declaration issued for
this project based on finding that it adequately and accurately assesses any potentially significant
environmental impacts that could be created by the adoption of the ordinance.
CONCLUSION
Assuming Council concludes that the Negative Declaration is sufficient and that revised
ordinance appropriately implements Council's previous direction, staff recommends the Council
adopt the Negative Declaration and introduce the ordinance for adoption. If, after public input
and Council consideration, Council requires additional information or determines that further
revision is warranted, staff would request additional direction from the Council in order to return
a revised ordinance for consideration.
CONCURRENCES
The Community Development Department concurs with the staff recommendation.
FISCAL IMPACT
There will be staff resource impacts associated with application processing, but it is anticipated
that fees will be evaluated and recommended for implementation to recover those increased costs.
The ordinance requires that any associated noticing or mailing costs shall be reimbursed to the
City by the applicant.
ALTERNATIVES
1. Provide direction to staff regarding revision of the proposed ordinance and/or the need for
further environmental review.
2. Decline to adopt the Negative Declaration and proposed ordinance.
ATTACHMENTS
1. Legislative Draft Ordinance
2. June 18, 2009 Letter from James Buttery
3. Initial Study and Negative Declaration
4. Ordinance
T:\Attorney\MHP conversion Ordinance\City Council Mtg\July 7\CAR.MHPConversionOrd.2009.7.7.fmal.dot
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ATTACHMENT
ORDINANCE NO. (2009 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
ADOPTING NEW CHAPTER 5.45 OF THE SAN LUIS OBISPO MUNICIPAL CODE,
MOBILE HOME PARK CONVERSION
WHEREAS, state planning and zoning and subdivision laws afford a heightened level of
protection to Mobile Home Park residents against displacement due to the closure or conversion
of Mobile Home Parks and allow cities to require developers to provide relocation assistance to
displaced residents and
WHEREAS, City Housing Element policies strongly encourage the preservation and
rehabilitation of affordable housing, generally, and Housing Element policy 3.15.2 encourages
the preservation of City Mobile Home Parks specifically; and
WHEREAS, City Housing Element policy dictates that, where the City permits private
development projects that displace affordable housing, the City shall require private developers
to assist displaced residents to find alternate, affordable housing, either through assistance with
access to alternate, affordable housing to be developed, assistance with relocation costs, or other
financial measures; and
WHEREAS, the City Council finds that the City's Mobile Home Parks constitute a
significant and virtually irreplaceable source of affordable housingfor or City residents; and
WHEREAS. Mobile Home ownership serves as an entry point into a housing market that
otherwise may be inaccessible formoderate, low and very low income individuals and families
wishing to assist family members or dependents to achieve home ownership; and
WHEREAS, the City desires to ensure that residents of Mobile Home Parks who are
displaced by Park closures or conversions are provided relocation assistance sufficient to mitigate
the negative impacts of displacement that would result from the closure or conversion of a City
Mobile Home Park s�o "'e
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NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. That new Chapter 5.45 (Mobile Home Park Conversions) is hereby added
to Title 5 (Business Taxes, Licenses and Regulations) of the San Luis Obispo Municipal Code, to
read as follows:
CHAPTER 5.45
MOBILE HOME PARK CONVERSION
5.45.010 Authority and Short Title.
ATTACHMENT .-
This Chapter is enacted pursuant to the City's police power and the authority of California
Government Code Sections 65863.7, 65863.8 and 66427.4; and pursuant to the City's adopted
General Plan. Housing Element policy 3.5.2 discourages the removal of affordable housing
unless it achieves general plan objectives and provides for replacement housing that is affordable
or corrects unsafe or blighted conditions. In addition, Housing Element 3.6.2 indicates the City
will require a developer to assist displaced residents to find affordable housing when affordable
housing is removed and Housing Element Policy 3.15.2 encourages the preservation of
manufactured housing Parks and authorizes City support of changes in tenure only if changes
provide specified benefits to Park residents. This Chapter, which shall be known and may be
cited as the "San Luis Obispo Mobile Home Park Conversion Ordinance", implements General
Plan policies related to affordable housing and Mobile Home Parks specifically.
5.45.020 Definitions.
For the purposes of this Chapter, unless the context clearly requires otherwise, the following
definitions shall apply:
A. "Absentee Owner" means a person who owns a Mobile Home in a Mobile Home Park and
does not reside at such Mobile Home, but does not include a homeowner who purchased
the home prior to receiving any notification of the filing of a development application or
request for approval of a closure or conversion for the purpose of providinghousing for
an Immediate Family Member who actually occupies the home as that family member's
primary residence. This definition also shall notincludethose individuals subletting their
Mobile Homess pursuant to California Civil Code &798.23.5.
B. "Affected Mobile Home Owners and Residents" means Absentee Owners, Resident
Owners and Resident Tenants whose Mobile Home will be displaced by the closure or
conversion of a Mobile Home Park.
C. "Applicant" means a Mobile Home Park owner or authorized representative who proposes
to perform a Mobile Home Park Conversion.
D. "Certificate of Acceptance" means a written declaration expressing a Applicant's
acceptance of the conditions imposed by the City in connection with approval of a
Conversion Impact Report.
E. "Commission"means the Planning Commission of the City.
F. "Comparable Housing" means housing within a 20 mile radius of the Mobile Home Park
to be converted that is equivalent (or better) in terms of amenities, condition, location,
price and size (floor area and number of bedrooms) to the Mobile Home to which
comparison is being made.
PNr- 8'
ATTACHMENT _L
G. "Comparable Mobile Home Park" means a Mobile Home Park within a 20 mile radius of
the Park to be converted that is equivalent (or better) in terms of amenities, condition,
location and rental price to the Mobile Home Park to which comparison is being made.
H. "Conversion Impact Report" means a report, meeting the requirements of this Chapter,
describing (i) the impacts of a Mobile Home Park conversion on affected Mobile Home
owners and residents; and (ii) the measures that will be taken to mitigate adverse impacts
of such conversion on affected Mobile Home owners and residents.
I. "Director"means the Community Development Director of the City.
J. "Immediate Family Member" means the spouse registered domestic partner, parents
grandparents, children, grandchildren or siblings, by blood, marriage domestic
partnership or adoption, of a Mobile Home owner, or any other person claimed as a
dependent of the Mobile Home owner for federal income tax purposes.
JK. "Mobile Home" means a "mobilehome" as such term is defined in the Mobilehome
Residency Law. "Mobile Home" also means camping trailers, motor homes, slide-in
campers and travel trailers when used as the occupant's primary place of residence as
established by nine months continuous residency.
KL. "Mobile Home Improvements" means carports, earthquake bracing, landscaping, new
roofs, patios, porches and similar amenities and major repairs.
LM. "Mobile Home Park" means a "Mobilehome Park" as such term is defined in the
Mobilehome Residency Law.
SIN. "Mobile Home Park Conversion" means (i) the conversion of a Mobile Home Park or any
part thereof to another use; (ii) the closure of a Mobile Home Park or any part thereof; and
(iii) the cessation of use of land as a Mobile Home Park.
NO. "Mobilehome Residency Law" means California Civil Code Section 798 et seq. as such
statute exists at the time of enactment of this Chapter or is subsequently amended.
OP. "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 closure or conversion.
PQ. "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.
5.45.030 Conversion Impact Report Requirement.
-ATTACHMENT 1-
A.
A. Whenever an Applicant submits any development or permit application to the City the
approval of which would result in a Mobile Home Park conversion, as defined herein, the
City shall notify the Applicant of the requirements of this Chapter.
B. Unless a conversion impact report has been approved by the City and a Certificate of
Acceptance has been recorded, no Mobile Home Park owner or authorized representative
shall do any of the following:
1. Perform a Mobile Home Park conversion.
2.. Display a sign announcing that the Mobile Home Park is closing, may be closing
or has been closed.
3. Display a sign announcing a new use for the Mobile Home Park property.
4. Nothing in this section shall be interpreted to preclude any notification to tenants
as may be required by State law, nor shall this Section preclude notification to
tenants that information is being requested in anticipation of the filing of a
development application or request for approval of a closure or conversion.
Notification to prospective residents regarding the existence or status of any
application or approval process affecting the Mobile Home Park shall not be
considered a violation of this section All notices required by this Chapter shall be
delivered by certified mail to the occupant and, where different, the registered
owner of each unit within the Mobile Home Park.
5.45.040 Relocation Specialist.
A. The Director shall require an Applicant to hire a Relocation Specialist to assist in:
providing notification to Mobile Home owners and residents that a closure or conversion
of the Mobile Home Park is being requested through the City; developing the Conversion
Impact Report, including relocation proposals for affected Mobile Home owners and
residents; assisting affected residents and owners to identify and secure alternate housing;
and assisting residents and owners in the moving process.
B. The Applicant shall choose the Relocation Specialist with the Director's approval. The
Director's approval shall be contingent upon verification of professional qualifications
demonstrating: familiarity with the region's housing market; competency in assisting
residents to evaluate, select and secure placement in replacement housing; ability to
facilitate the moving of residents' personal property, residential unit, and/or accessories,
as appropriate; knowledge of qualifications for and availability of various housing types
and programs; ability to assist residents in applying for available housing programs or
assistance.
oil
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ATTACHMENT -L
C. The Applicant shall pay all costs and expenses incurred by the Relocation Specialist.
5.45.050 Pre-Conversion Questionnaire.
A. Prior to filing a Conversion Impact Report for City approval, the Relocation Specialist
shall distribute a Pre-conversion Questionnaire to affected Mobile Home owners and
residents. The affected Mobile Home owners and residents shall have no less than thirty
days from the date of certified mailing to complete the Pre-Conversion questionnaire.
B. The Director shall provide a standard Pre-Conversion Questionnaire for use by the
Relocation Specialist. At a minimum, the Pre-conversion Questionnaire shall include
questions requesting the affected Mobile Home owners and residents to provide the
following information:
I. Whether the individual(s) occupying the unit in the Mobile Home Park space
owns. or is the Immediate Family Member of the owner, or rents the Mobile
Home unit and whether the individual owns other Mobile Home units within the
Park or anv other Mobile Home Park within the City.
2. Length of occupancy in the Mobile Home unit in the Mobile Home Park.
3. For home owners, the purchase date and purchase price for each Mobile Home
owned and, if non-owner occupied units are rented out, the amount of monthly
rental payments received by the owner.
4. The amount and terms of any outstanding mortgage obligation for the Mobile
Home, including the name and mailing address of the lender.
5. Manufacture date, size, and length of occupancy in the Mobile Home as located in
the subject Mobile Home Park.
6. Any Mobile Home improvements that have been paid for by the Mobile Home
owner or tenant and the costs of such improvements.
7. Any circumstances, including but not limited to,job location or disability, which
restrict potential relocation areas.
8. Any available, alternate housing opportunities known to the owner or resident
that would be acceptable as a relocation option to the individual and approximate
costs to accomplish a relocation to the alternate housing.
9. Any other information the Director may deem necessary to facilitate the Planning
Commission's consideration of appropriate conditions to mitigate the adverse
impacts of a Park closure or conversion on residents and owners.
FN 1-11
ATTACHMENT z
C. Prior to or concurrent with the distribution of the Pre-Conversion Questionnaire, the
Applicant shall provide notice to affected owners and residents of the intention to seek
City approval for a closure or conversion of the Mobile Home Park. The notice shall, at a
minimum, include an explanation, in general terms, of the nature and timeframes of the
proposed closure or conversion, shall advise owners and 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 Mobilehome Residency Law (California
Civil Code, Section 789, et seq.), or as those provisions may be amended. The notice
shall also include the name, qualifications and contact information for the Relocation
Specialist.
D. Completed Pre-Conversion Questionnaires shall be submitted to the Relocation
Specialist, shall be treated as confidential, and disclosure of information provided therein
shall be limited to those individuals and uses necessary to accomplish the purpose of this
Chapter, including the Applicant, as deemed appropriate by the Relocation Specialist.
E. Neither the completed Pre-Conversion Questionnaire form nor any personal information
provided in response thereto shall be considered public information and the City shall not
publicly disclose any such information, except as necessary to facilitate the evaluation of
the adequacy of the Report herein or as may be required by law.
F. Any -Mobile Home resident or owner may decline to provide any information requested,
but the Planning Commission's determination of the reasonableness of the level of
relocation assistance proposed b the he Applicant will be based on information provided in
response to the Pre-Conversion Questionnaire, and the level of assistance deemed
reasonable in an individual case may be limited, or the relocation assistance requirement
may be eliminated, based on the owner's or resident's verified refusal to provide
information necessary to make such a determination.
5.45.060 Conversion Impact Report Content.
A. Each conversion impact report submitted for City approval shall contain the following, or
shall indicate that such information.could not be obtained after documented reasonable
efforts by the Relocation Specialist and/or the Applicant:
1. Legal description of the Mobile Home Park.
2. Description of any use proposed to replace the Mobile Home Park.
3. Any offers to sell or purchase the Mobile Home Park, including offer dates and
whether the proposed purchaser contemplated continuation of the Mobile Home
Park use, if known.
PN 1-10-
ATTACHMENT 2
4. Timetable for the proposed Mobile Home Park conversion.
5. Number of spaces in the Mobile Home Park and the current rental rate for each
space and, if the space is occupied by a Park owned rental unit, the combined
rental rate for the space and unit.
6. Name, mailing address, age and disability status of each resident owner and
resident tenant having a Mobile Home in the Mobile Home Park and whether the
Mobile Home constitutes such person's primary place of residence.
7. Name and mailing address of each Absentee Owner having a Mobile Home in the
Mobile Home Park.
8. Name and mailing address of each lender having an interest in a Mobile Home in
the Mobile Home Park.
9. Manufacture date, size, length of occupancy and the appraised on-site fair market
value of each Mobile Home as located in the subject Mobile Home Park. "Fair
market value" shall be determined assuming the continuation of the Mobile Home
Park in a safe, sanitary and well-maintained condition. The appraisal shall be
performed by a professional appraiser selected by the Director. The Applicant
shall pay all costs and expenses associated with the appraisal, including any
appraisal fees. The Applicant shall not be required to provide appraisal
information for Park-owned units.
10. Estimates from two moving companies, chosen by the Applicant with the
Director's approval, as to the cost of moving Mobile Homes, relocatable Mobile
Home improvements, and personal property. The estimates shall include tear-
down and set-up costs to establish the home in the new location in substantially
the same condition as prior to relocation. "Set-up costs" include the cost of
connecting utilities at the new location and the cost of any upgrades required to
comply with applicable laws or Park rules. No estimate of Mobile Home
relocation and associated set-up and tear-down costs shall be required for any Park
owned units.
11. Estimates from two temporary lodging facilities, chosen by the Applicant with the
Director's approval, as to the cost of providing temporary lodging for resident
owners and resident tenants who are unable to complete relocation within one day.
Such estimates shall include the anticipated duration of the stay in the temporary
lodging facility.
12. Itemization of available Mobile Home spaces within Comparable Mobile Home
Parks within a 20 mile radius within the county. Such itemization shall indicate
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ATTACHMENT 2
the rental rate for each space and whether the owner of that Mobile Home Park
has agreed in writing to accept affected Mobile Home owners and residents that
are displaced by the Mobile Home Park conversion.
13. Itemization of available Comparable Housing within a 20 mile radius within the
county. Such itemization shall indicate the purchase price for each equivalent (or
better) Mobile Home or condominium, as well as the rental rate for each
equivalent (or better) Mobile Home, condominium or apartment.
14. Completed pre-conversion questionnaires.
15. Proposed measures to mitigate the adverse impacts of the Mobile Home Park
conversion on affected Mobile Home owners and residents.
16. A copy of any agreement reached with any resident or owner relating to the
purchase or relocation of the resident/owner or the provision of relocation
assistance. The Director may waive the requirement to include any or all of the
information required by this section where an affected resident/owner and the
Applicant have reached a final, mutually acceptable agreement as to the relocation
assistance to be provided.
B. The Director may require an Applicant to include information in the conversion impact
report in addition to that specified in subpart A above.
C. Nothing in this section shall be interpreted to preclude City approval of proposed impact
mitigation measures that include the relocation of a resident or owner to a geographic area
beyond the 20 mile radius specified herein where the terms of such relocation are the
product of a mutually acceptable agreement between the Applicant and an individual
owner or resident.
5.45.070 Public Hearing Regarding Conversion Impact Report.
A. No less than fifteen (15) days prior to the first public hearing regarding the adequacy of
the Conversion Impact Report, the Applicant shall conduct an informational meeting for
the residents of the Mobile Home Park. The meeting shall be conducted on the premises
of the Park, or other noticed location approved by the Director, and the Relocation
Specialist and a City representative shall be present. A copy of the Conversion Impact
Report shall be provided to each resident and owner prior to the meeting. The meeting
shall address the proposed conversion or closure, the Report contents and approval
process, the project application process, if a replacement project is proposed, and
proposed relocation assistance for displaced Mobile Home 'owners and residents. The
Applicant shall make the Relocation Specialist available for individual meetings with
P14 Hy
ATTACH EW
residents and owners to discuss concerns, relocation limitations, or needs unique to an
individual resident or owner.
B. Upon the filing of a complete conversion impact report for City review, the Director shall
schedule a public hearing before the Commission. Notice of the public hearing shall be
provided in accordance with subpart C below.
C. At least 30 days prior to the hearing date, the Director shall perform the following actions:
1. Mail a notice of the public hearing and a copy of conversion impact report to
affected Mobile Home owners and residents, to the owners of properties within a
300 foot radius of the Applicant's property, and to each lender having an interest
in a Mobile Home in the Mobile Home Park. The notice shall contain a general
explanation of the matters to be considered by the Commission. The copy of the
conversion impact report shall not include the completed pre-conversion
questionnaires, which will be considered private information of each responding
individual and not subject to public disclosure, but shall include the appraisal of
the Mobile Home owned or resided in by that particular notice recipient.
2. Inform the Applicant in writing of the provisions of Civil Code Section 798.56
regarding the Applicant's duty to notify affected Mobile Home owners and
residents of the proposed conversion. Such writing shall specify the manner in
which the Applicant shall verify that affected Mobile Home owners and residents
have been notified of the proposed conversion.
3. Notify the Applicant that s/he shall be required to schedule an informational
meeting in accordance with subpart"A" above.
D. The Commission shall conduct a public hearing on the conversion impact report at the
time and place set forth in the hearing notice. Such hearing shall not be held before the
Applicant has satisfactorily verified that affected Mobile Home owners and residents have
been notified of the proposed conversion pursuant to Civil Code Section 798.56.
E. The Applicant shall pay all costs associated with providing notice, including any
publishing and postage expenses.
5.45.080 Decision Regarding Conversion Impact Report.
A. After the conclusion of the public hearing, the Commission shall adopt a resolution
approving, conditionally approving or rejecting a proposed conversion impact report. The
Commission shall approve or conditionally approve a conversion impact report if it finds
that the conversion impact report contains, or has been conditioned to contain, reasonable
measures to mitigate the adverse impacts of the Mobile Home Park conversion on
WrlI - 1=j
ATTACHMENT.1
on affected Mobile Home owners and residents. In considering the reasonableness of any
measure to be required hereunder, the Commission shall take into account whether a
resident is a homeowner or a tenant in the Mobile Home unit, whether the Mobile Home
is the resident's primary residence, and the nature (i.e. monthly or longer term lease) and
duration of the tenancy in the Park.
B. Subject to subpart C below, the Commission may impose conditions in connection with
its approval of a conversion impact report. Such conditions may include, but are not
limited to, lump sum payments to affected Mobile Home owners and residents to mitigate
the following expenses, as appropriate to each particular Absentee Owner, resident owner
and resident tenant having a Mobile Home in the Mobile Home Park, as specified below;
1. The expense of relocating the Mobile Home to a Comparable Mobile Home Park.
Assistance with these expenses shall be payable only to a Resident or Absentee
Owner of a Mobile Home in the Mobile Home_Park_The amount of such
payment shall be based upon consideration of moving, tear-down and set-up costs.
"Moving costs" include the cost of moving the Mobile Home and the cost of
moving associated relocatable Mobile Home improvements, including accessory
structures such as awnings, porches and carports or garages. "Set-up costs"
include the cost of connecting utilities at the replacement Mobile Home Park and
the cost of any upgrades required to comply with applicable laws or Park rules to
establish the home in the new location in substantially the same condition as prior
to relocation.
2. The expense of forfeiting the Mobile Home. Assistance with these expenses shall
be payable only to a resident owner of a Mobile Home in a Mobile Home Park.
The amount of such payment shall be based upon consideration of; (i) the on-site
fair market value of the Mobile Home and associated Mobile Home improvements
in its location within the existing Mobile Home Park; end—(ii) any outstanding
mortgage obligation of the owner; (iii) the cost of purchasing an equivalent
Mobile Home in a Comparable Mobile Home Park together with the expense of
assuming tenancy in the comparable Park, as specified in subpart B.3, below,
provided that an owner shall not be entitled to payment for an amount based on
more than one of the fore oing — ;criteria.bs�h it a-ket valtie aiid
vu ,..4 b b
"tsta ding ebligatio , "Fair market value" shall be determined
assuming the continuation of the Mobile Home Park in a safe, sanitary and well-
maintained condition.
3. The expense of assuming tenancy in a Comparable Mobile Home Park.
Assistance with these expenses shall be available to Resident Owners Absentee
Owners and Resident Tenants. The amount of such payment shall be based upon
consideration of. (i) moving costs; (ii) first month's rent, last month's rent and
security deposit at the replacement Mobile Home Park; (iii) for low and extremely
low income residents. the differential between rental rates at the Mobile Home
P44I-l/6
ATTACHMENT 2
Park being converted and the replacement Mobile Home Park during the first year
of relocation_; and (iv) if .,o ehe eest of pfehasing, an equivalent Mobile
Home in the replaeemw*'Mobile Home-Park-
4. The expense of assumingtenancy ew in Comparable Housing. Assistance with these
expenses shall be available to resident tenants. The amount of such payment shall
be based upon consideration of: (i) moving costs; (ii) first month's rent, last
month's rent, and security deposit at the replacement housing; and (iii) for low and
extremely low income residents, differential between the rental rate at the Mobile
Home Park being converted and the replacement housing during the first year of
relocation
5. The expense of purchasing Comparable Housing. Assistance with these expenses
shall be payable only to a resident owner of a Mobile Home in a Mobile Home
Park as an alternative to the assistance available pursuant to see4eflubpart B.2
above. The amount of such payment shall be based upon consideration of: (i)
moving costs; (ii) down payment for the replacement housing; and (iii) differential
between the rental rate at the Mobile Home Park being converted and the
mortgage payment for the replacement housing during the first year of relocation.
C. The conditions imposed in connection with approval of a Conversion Impact Report shall
not exceed the reasonable costs of relocation. Conditions shall only be imposed in order
to ensure that the Applicant adequately mitigates adverse impacts of the Mobile Home
Park conversion on affected Mobile Home owners and residents.
In imposing conditions, the City shall interpret and apply this Chapter in a manner
consistent with applicable law and shall not require cumulative forms of relocation
assistance from the above options that result in costs to the Applicant in excess of the
reasonable costs of relocation in light of the circumstances of each affected resident or
owner.
5.45.090 Application for Exemption from Relocation Assistance Obligations.
A. Any Applicant for change of use of a Mobile Home Park may, simultaneous with such
application, file an application for total or partial exemption from the obligation to
provide relocation assistance.
B. If such application is filed, notice of such application, with the information contained
therein, and distribution thereof to the owners and residents of the Mobile Home Park
shall be provided with the application for change of use.
C. Any such application shall establish that it is made on either or both of the following
bases:
ATTACHMENT
1. That provision for relocation assistance would eliminate substantially all
reasonable use or economic value of the property. Such basis may only be
established if it is demonstrated that the imposition of such obligations would
eliminate the reasonable use or economic value of the property for alternate uses,
and that continued use of the property as a Mobile Home Park would eliminate
substantially all reasonable use or economic value of the property for reasons not
caused or contributed by the Park owner or Applicant.
2. That a court of competent jurisdiction has determined in connection with a
proceeding in bankruptcy that the closure or cessation of use of said property as a
Mobile Home Park is necessary, and that such court has taken further action which
would prohibit or preclude payment of relocation assistance benefits, in whole or
in part.
D. Any such application made pursuant to subpart C.1 above shall contain, at a minimum,
the following information:
1. Statements of profit and loss from the operations of the Mobile Home Park for the
most recent five-year period of the date of the application or request, certified by a
certified public accountant. All such statements shall be maintained in confidence
as permitted by the California Public Records Act.
2. A statement to support the Applicant's assertion that continued use of the
property as a Mobile Home Park necessitates repairs or improvements or both,
that are not the result of the Park owner or Applicant's negligent failure to
properly maintain the property, and that the costs thereof make continuation of the
Park economically infeasible. This statement must be made under penalty of
perjury by a general contractor licensed as such pursuant to the laws of the State of
California to certify that such contractor has thoroughly inspected the entire
Mobile Home Park; that such contractor has determined that certain repairs and
improvements must be made to the Park to maintain the Park in decent, safe and
sanitary condition, and that those certain repairs are not the result of the Park
owner or Applicant's negligent failure to properly maintain said property; the
minimum period of time in which such improvements or repairs must be made;
and itemized statement of such improvements and repairs; and the estimated cost
thereof of repairs and improvements, if any, due to deferred maintenance
separately identified. The Applicant shall also submit a statement verified by a
certified public accountant as to 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 that are not the result of the Park owner or Applicant's
negligent failure to properly maintain said property. If the Director requires an
analysis of the information submitted by the general contractor, the Director may
procure services of another such licensed general contractor to provide such
Pu 1-c g
ATTACHMENT
written analysis, and the cost thereof shall be billed to and payment therefore shall
be required from the Applicant.
3. The estimated total cost of relocation assistance which would otherwise be
required to be provided pursuant to this chapter, which shall be based upon
documented surveys, included with the application, of the available Mobile Home
spaces within 20 miles of the Mobile Home Park, residents of the Park who are
willing to relocate and those who would elect to sell their Mobile Homes, and the
value of the Mobile Homes in the Park.
4. An estimate of the value of the Mobile Home Park by a professional appraiser,
approved by the Director, if the Park were permitted to be developed for the
change of use proposed in the application for redevelopment of the Park, and as
all other uses permitted by the zoning designation of the property, and an estimate
of the value of such Park, including current sale value of the Mobile Home Park,
by such appraiser if use of the property as a Mobile Home Park is continued.
5. The purchase price paid by the Applicant to acquire the Mobile Home Park.
6. Such other information which the Applicant believes to be pertinent, or which
may be required by the Director.
E. Any such application filed pursuant to subpart C.2 above shall be accompanied by
adequate documentation as to the title, case number, and court in which the bankruptcy
proceeding was held, and copies of all pertinent judgments, orders, and decrees of such
court.
5.45.100 Certificate of Acceptance.
Upon City approval of a Conversion Impact Report, the Applicant shall record a Certificate of
Acceptance on the title of the Mobile Home Park property. City approval of a Conversion Impact
Report shall not be effective until proof of recordation of a Certificate of Acceptance has been
delivered to the Director. The Director shall provide the Certificate of Acceptance form for use
by the Applicant.
5.45.110 Performance of Mitigation Measures.
The Applicant shall fully perform the mitigation measures set forth in, and the conditions
imposed in connection with, the approved Conversion Impact Report and such performance shall
also be a condition of approval of any concurrent or subsequent development application
proposing an alternate or replacement use of the Mobile Home Park property. No affected
Mobile Home owner or resident shall be required to vacate a Mobile Home space unless the
Applicant has performed all mitigation measures and conditions of approval applicable to such
owner or resident and such performance has been verified by the Director.
P� lI '11
ATTACHMENT
5.45.120 Modification of Conversion Impact Report.
A. The Commission may, upon request of Applicant and after holding a public hearing,
modify the provisions of an approved Conversion Impact Report. A modification may be
approved where the Commission finds that there has been a change in circumstances, or
there is new information that could not have reasonably been known or considered at the
time of the original hearing on approval of the Conversion Impact Report.
B. The Commission may impose additional conditions as deemed necessary to mitigate any
adverse impacts resulting from a modification of an approved Conversion Impact Report.
C. Upon City approval of modification of an approved Conversion Impact Report with
additional conditions, the Applicant shall record a Certificate of Acceptance on the title of
the Mobile Home Park property. City approval of modification of an approved
Conversion Impact Report shall not be effective until proof of recordation of a Certificate
of Acceptance has been delivered to the Director.
5.45.130 Expiration of Conversion Impact Report.
A. An approved Conversion Impact Report shall expire (i) the thirtieth day after adoption of
the resolution of approval, unless proof of recordation of a Certificate of Acceptance is
delivered to the Director prior to such date; or (ii) one year after delivery to the Director
of proof of recordation of a certification of acceptance, unless an extension is granted
prior to such date pursuant to this Section.
B. The Commission may, upon request of the Applicant and after holding a public hearing,
extend the term of an approved Conversion Impact Report. An extension may be granted
where the Commission finds that expiration of the Conversion Impact Report would
constitute an undue economic hardship to the Applicant.
C. The Commission may impose additional conditions as deemed necessary to mitigate any
adverse impacts resulting from an extension. The Commission may grant multiple
extensions of an approved Conversion Impact Report, not to extend beyond the date of
expiration of any other City discretionary approval associated with the Mobile Home Park
conversion, but no single extension shall have a duration in excess of one year.
D. Upon City approval of an extension of an approved Conversion Impact Report with
additional conditions, the Applicant shall record a Certificate of Acceptance on the title of
the Mobile Home Park property. City approval of an extension of an approved
Conversion Impact Report shall not be effective until proof of recordation of a Certificate
of Acceptance has been delivered to the Director.
5.45.140 Nullification of Impact Report.
A. The Commission may, upon request of the Director and after holding a public hearing,
order an approved Conversion Impact Report null and void. No nullification shall be
ordered unless the Commission makes either of the following findings:
1. Approval of the Conversion Impact Report was obtained fraudulently.
2. The Applicant has failed to comply with the mitigation measures set forth in, or
the conditions imposed in connection with, the approved Conversion Impact
Report.
B. If a Conversion Impact Report is nullified, then the Applicant shall not be entitled to
perform the Mobile Home Park conversion until a new Conversion Impact Report is
approved in accordance with this Chapter.
5.45.150 Right of First Refusal.
An Applicant shall afford affected Mobile Home owners and residents a right of first refusal to
purchase, lease or rent housing that is constructed for sale, lease or rental on the site of the
Mobile Home Park proposed to be converted..
5.45.160 Appeal.
Any Commission decision pursuant to this Chapter may be appealed to the City Council in
accordance with Chapter 1.20 of this Code.
5.45.170 Processing Fees.
Each Applicant seeking City approval, modification or extension of a Conversion Impact Report
shall pay a nonrefundable application deposit in an amount established by City Council
resolution. In addition, the Applicant shall reimburse the City for all costs, including staff time
and attorney's fees, incurred in processing and reviewing the Applicant's Conversion Impact
Report.
5.45.180 Building Permits.
No building permit shall be issued for conversion of a Mobile Home Park property until the
Applicant has filed with the Director a written statement confirming full performance of the
mitigation measures set forth in, and the conditions imposed in connection with, the approved
Conversion Impact Report. Such statement shall specify in itemized form the name of each
affected Mobile Home owner and resident and the date and type of relocation assistance provided
to such person. The statement shall be executed under penalty of perjury.
5.45.190 Exemption.
-P 1-a�
ATTACHMENT
This Chapter shall not apply to any Mobile Home Park conversion resulting from an adjudication
of bankruptcy, wherein such action precludes the provision of relocation assistance.
SECTION 2. A summary of this ordinance, together with the names of Council
members voting for and against, shall be published at least five (5) days prior to its final passage,
in The Tribune, a newspaper published and circulated in this City. This ordinance shall go into
effect at the expiration of thirty (30) days after its final passage.
INTRODUCED on the 7th day of July 2009, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the day of 2009, on the
following vote:
AYES:
NOES:
ABSENT:
Mayor David F. Romero
ATTEST:
Elaina Cano
Acting City Clerk
APPROVED AS TO FORM:
Jonathan P. Lowell
City Attorney
PN (-
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PETER R.ANDRE(1918-2000)
" D , 'f sf q MICHAEL J.MORRIS
MORRIS JUN 2 2 2009 JAMES C.BUTTERY
' & BUTTERY DENNIS D.LAW
SLO CITY_gn ATTORNEY, J TCOTTW.ODD WALL 1 . A PROFESSIONAL LAW CORPORATION SCOTT W.WALL
KATHRYN M.EPPRIGHT
KEVIN D.MORRIS
WILLIAM V..DOUGLASS
LISA LaBARBERA TOM
June 18, 2009 JEAN A.ST.MARTIN
+ BETH A.MARINO
MELISSA McGANN BABU
li KAREN GJERDRUM FOTHERGILL
_ COLLETTE A.HILLIER
Via E-Mail and U.S. Mail 2739 Santa Maria way,Third Floor
Post Office box 1430
Santa Maria,CA 93456.1430
Christine Dietrick Telephone 805.937.1400
Facsimile 805.937.1444
Assistant City Attorney 1102 Laurel Lane
City of San Luis Obispo Post Office Boa 730
990 Palm Street San Las Obispo,CA 93406-0730
.
Sar Luis Obispo, CA_93401. � � wHtiv.amblaw.mm
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I
Re: Proposed City of San Luis Obispo Mobilebome Park Conversion Ordinance
Dear Christine:
When the City Council considered the proposed Mobilehome Park Conversion Ordinance
("Conversion Ordinance") at its meeting on May St'', the claim was made by certain speakers that
state law may not allow for distinctions between different occupants of mobilehomes in
California mobilehome parks. As it relates to the proposed Conversion Ordinance, they claimed
that under the State's Mobilehome Residency Law (Civ. Code, § 798.01, et seq.), the City could
not distinguish persons who owned their coaches from those who rented their mobilehomes from
the park management or others. Simply put, this claim is erroneous.
According to the seminal case Griffith v..County of Santa Cruz, Mobilehome Residency
Law ("MRL") the MRL "is a law to afford homeowners a measure of stability and predictability
in their mobilehome park residency."' Homeowners, as defined by MRL, are those who own
their own coach and rent the space on which the coach sits. In contrast, the definition of park
residents includes "homeowners",but also includes other persons who lawfully occupy a
mobilehome (i.e., people who rent both the coach and the space.on which it sits or"resident
t._
tenants"'). (Civ. i:,i,de, § 798.i/^-.)' Thus by GeiiniYiUn 'theiv``n1•di;cS ;ceoglitze a CiiJal;{oa]✓ia
between homeowners and resident tenants.
Within the MRL, there are various protections that extend to homeowners, but not to
resident tenants, and therefore this distinction is significant. For example, whereas the MRL
fully applies to the legal relationship between management and a homeowner who owns his or
her own coach and leases a site in the park directly from management, MRL provisions
governing rental agreements and termination do not apply to residents who rent both a park-
owned coach and the space where it sits from park management.2
' Griffith v. County of Santa Cruz (2000) 79 Cal.App.4lh 1318, 1323.
2 People v. Beaumont Investment, Ltd. (2003) 111 Cal.App.4" 102, 440.
�� (-a3
C ! ATTACHMENT -
(_ ANDRE,
j MORRIS
&;BUTTERY
A PROFESSIONAL LAW CORPORATION
Christine Dietrick
June 18, 2009
Page 2
I
I.
A further distinction between resident tenants and homeowners is found in California
Civil Code section 798.56(g)(1-5). Section 798.56(g)(1)requires park management to give
homeowners written notice of any appearance before a local governmental board when a change
I of use of the park is proposed. Similarly, sections 798.56(g)(2) and(3) require park management
to give homeowners written notice of a termination of tenancy and that a change of use request
has been made or granted. These requirements are limited to homeowners, and do not
necessarily extend to resident tenants.
We could find no state law that requires resident tenants to receive relocation assistance
in the event of a mobilehome park conversion, closure or cessation. In fact, pursuant to
Government Code section 65863.7(e), compensation to all park residents is discretionary.
According to the Code, a legislative body or its delegated agency aay require that the "person or
entity[responsible for the conversion, closure or cessation of the mobilehome park] take steps to
I
mitigate any adverse impact of the conversion, closure or cessation," but is not required to do so.
i
While reasonable relocation assistance may be appropriate for homeowners, there is no
I state law that requires homeowners and resident tenants to receive exactly the same relocation
assistance. Rather, it would be most appropriate for the City to finalize the Conversion
Ordinance in a fashion that acknowledges the enduring differences between renters and
! mobilehome owners.
j
Homeowners and renters incur divergent costs upon a park's conversion, closure or
cessation. Pursuant to Civil Code section 798.55(a), the owner of a coach in a mobilehome park
must be provided "unique protection from actual or constructive eviction afforded by the
provisions of the MRL." This "unique protection" is the result of the high cost of moving a
coach, the potential for damage resulting from moving a coach, the requirements relating to the
installatinn ofa noach; and the cost,of landscanina-.or lot.!)reparation.3 These:costs are unique to
the homeowner. A resident tenant does not incur similar costs and the City would be justified in
mandating a different and reduced level of relocation assistance.
California law clearly distinguishes between homeowners and resident tenants.
Moreover, California law does not require that homeowners and resident tenants be afforded the
same protections when a mobilehome park conversion, closure or cessation occurs.
i
I
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3 Civil Code section 798.55(a).
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ATTACHMENT
MORRIS
& BUTTERY
A PROFESSIONAL LAW CORPORATION
Christine Dietrick
June 18, 2009
I Page 3
i1
;
Given the distinctions recognized in California law between homeowners and resident
tenants and given the fact that California law does not require that resident tenants receive any
I relocation assistance, our clients' suggestion that relocation assistance payable to resident tenants
I of up to two months rent is not only generous, but it clearly exceeds the requirements of state
law.
i
Vel truly yours,
I E
James�/
C. Buttery
JCB:sf
cc: John and Alair Hough
Carol Florence
Johnny Hough
Julia Lanphar
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1
ATTACHMENT
INITIAL STUDY
ENVIRONMENTAL CHECKLIST FORM
For ER 147-08
1. Project Title: City of San Luis Obispo Mobilehome Park Conversion Ordinance
2. Lead Agency Name and Address:
City of San Luis Obispo
Community Development Department
919 Palm Street
San Luis Obispo, CA 93401
3. Contact Person and Phone Number:
Christine Deitrick, Assistant City Attorney (805) 781-7140
4. Project Location: City-wide
5. Applicant:
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Proposed Uses/Intent: Initiation by the City of San Luis Obispo to enact a Mobilehome Park
Conversion Ordinance. The Mobilehome Park Conversion Ordinance is intended to implement
City adopted General Plan Policies related to affordable housing and mobilehome parks
specifically. The proposed Mobilehome Park Conversion Ordinance would require a conversion
impact report that discloses the impacts of the proposed conversion on affected mobilehome
owners and residents. The conversion impact report would discuss measures that will be taken to
mitigate adverse impacts of a proposed conversion on the affected mobile homeowners and
residents. Approval of the closure report would be subject to Planning Commission approval
based on findings the conversion report contains reasonable measures to mitigate the adverse
impacts of the mobile home park conversion on affected mobilehome owners and residents.
Other public agencies whose approval is required: None.
�� CITY OF SAN LUIS OBISPO I INITIAL STUDY ENVIRONMENTAL CHECKLIST 2007
ATTACHMENT 3
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at
least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following
pages.
Aesthetics Geology/Soils Public Services
Agricultural Resources Hazards & Hazardous Recreation
Materials
Air Quality Hydrology/Water Quality Transportation&Traffic
Biological Resources Land Use and Planning Utilities and Service
S stems
Cultural Resources Noise Mandatory Findings of
Significance
Energy and Mineral Population and Housing
Resources
FISH AND GAME FEES
There is no evidence before the Department that the project will have any potential adverse effects on fish
X and wildlife resources or the habitat upon which the wildlife depends. As such,the project qualifies for a
de minimis waiver with regards to the filing of Fish and Game Fees.
The project has potential to impact fish and wildlife resources and shall be subject to the payment of Fish
and Game fees pursuant to Section 711.4 of the California Fish and Game Code. This initial study has
been circulated to the California Department of Fish and Game for review and comment.
STATE CLEARINGHOUSE
This environmental document must be submitted to the State Clearinghouse for review by one or more
State agencies (e.g. Cal Trans, California Department of Fish and Game, Department of Housing and
Community Development). The public review period shall not be less than 30 days (CEQA Guidelines
15073(a)).
mar CITY OF SAN Luis OBISPO 2 INrnAL STUDY ENVIRONMENTAL CHECKLIST 2008
PHI-a�
TTACHMENT3
DETERMINATION:
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment, and X
a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment,
there will not be a significant effect in this case because revisions in the project have been
made, or the mitigation measures described on an attached sheet(s) have been added and
agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be
prepared.
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a "potentially significant" impact(s) or"potentially
significant unless mitigated" impact(s) on the environment, but at least one effect (1) has been
adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has
been addressed by mitigation measures based on the earlier analysis as described on attached
sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the
effects that remain to be addressed
I find that although the proposed project could have a significant effect on the environment,
because all potentially significant effects (1) have been analyzed adequately in an earlier EIR
or NEGATIVE DECLARATION pursuant to applicable standards, and (2) have been avoided
or mitigated pursuant to that earlier EIR of NEGATIVE DECLARATION, including revisions
or mitigation measures that are imposed upon the proposed project, nothing further is required.
_ 12-12 bo Tr
SignatW Date
Doug Davidson,Deputy Director of Community Development For:John Mandeville,,
Printed Name Community Development Director
I
Vii/ CITY OF SAN LUIS OHISPO 3 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2008
ATTACHMENr3
EVALUATION OF ENVIRONMENTAL IMPACTS:
1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the
information sources a lead agency cites in the analysis in each section. A "No Impact" answer is adequately
supported if the referenced information sources show that the impact simply does not apply to projects like the one
involved(e.g. the project falls outside a fault rupture zone). A"No Impact'answer should be explained where it is
based on project-specific factors as well as general standards(e.g. the project will not expose sensitive receptors to
pollutants,based on a project-specific screening analysis).
2. All answers must take account of the whole action involved,including off-site as well as on-site,cumulative as well
as project-level, indirect as well as direct, and construction as well as operational impacts. The explanation of each
issue should identify the significance criteria or threshold,if any,used to evaluate each question.
3. "Potentially Significant Impact'is appropriate if there is substantial evidence that an effect is significant. If there are
one or more"Potentially Significant Impact" entries when the determination is made,an EIR is required.
4. "Potentially Significant Unless Mitigation Incorporated"applies where the incorporation of mitigation measures has
reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact," The lead agency must
describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level
(mitigation measures from Section 17,"Earlier Analysis,"may be cross-referenced).
5. Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has
been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c) (3) (D) of the California
Code of Regulations. Earlier analyses are discussed in Section 17 at the end of the checklist.
6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential
impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should,
where appropriate,include a reference to the page or pages where the statement is substantiated.
7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted
should be cited in the discussion. In this case,a brief discussion should identify the following:
a) Earlier Analysis Used. Identify and state where they are available for review.
b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and
adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such
effects were addressed by mitigation measures based on earlier analysis.
c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated,"
describe the mitigation measures which were incorporated or refined from the earlier document and the extent
to which they address site-specific conditions for the project.
�r CITY OF SAN LUIS OBISPO 4 INITIAL STUDY ENVIRONMENTAL CHECKLIST 200E
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1.AESTHETICS. Would the ro'ect:
a) Have a substantial adverse effect on a scenic vista? X
b) Substantially damage scenic resources, including, but not X
limited to, trees, rock outcroppings, open space, and historic
buildings within a local or state scenic highway?
c) Substantially degrade the existing visual character or quality of X
the site.and its surroundings?
d) Create a new source of substantial light or glare, which would X
adversely affect day or nighttime views-in the.area?
Evaluation
a-d) The proposed Mobilehome Park Conversion Ordinance would require approval by the City of a conversion impact
report prior to any proposed conversion, closing or announcement of closing,posting of any signs or announcements of new
uses. The proposed conversion ordinance is administrative in nature and will not result in visual impacts or changes in the
visual character of the area. Any proposed relocations or new development projects would be subject to the City's
development standards under a separate entitlement which would include architectural review if located in the City. The
Mobilehome Park Conversion Ordinance is administrative in nature and establishes a framework to review proposed mobile
home park closures and/or conversions for the purpose of mitigating adverse impacts to residents and mobile home owners.
Any proposal to convert a mobile home park pursuant to the ordinance would be reviewed as a discretionary entitlement and
may be subject to
environmental review pursuant to CEQA to evaluate project specific impacts.
Conclusion:No Impact.
2.AGRICULTURE RESOURCES. Would theproject:
a) Convert Prime Farmland, Unique Farmland, or Farmland of 6, 10 X
Statewide Importance (Farmland), as shown on the maps
pursuant to the Farmland Mapping and Monitoring Program of
the California Resources Agency,to non-agricultural use?
b) Confect with existing zoning for agricultural use or a X
Williamson Act contract?
c) Involve other changes in the existing environment which,due to X
their location or nature, could result in conversion of Farmland
to non-agricultural use?
Evaluation
a-c) None of the mobile home parks located in the City are zoned for agricultural use or in areas of Williamson Act
Contracts, or in areas being considered for annexation or in areas designated as farmland of statewide importance.
Development of the site will not contribute to conversion of farmland.No impacts to agricultural resources would result from
the proposed Mobilehome Park Conversion Ordinance. The Mobilehome Park Conversion Ordinance is administrative in
nature and establishes a framework to review proposed mobile home park closures and/or conversions for the purpose of
mitigating adverse impacts to residents and mobile home owners. Any proposal to convert a mobile home park pursuant to
the ordinance would be reviewed as a discretionary entitlement and may be subject to environmental review pursuant to
CEQA to evaluate project specific impacts.
Conclusion:No Impact
Crry OF SAN LUIS OBISPO 5 INmAL STUDY ENVIRONMENTAL CHECWST 2007
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3. AIR QUALITY. Would theproject:
a) Violate any air quality standard or contributesubstantially to an 11, 12 X
existing or projected air quality violation?
b) Conflict with or obstruct implementation of the applicable air X
quality plan?
c) Expose sensitive receptors to substantial pollutant X
concentrations?
d) Create objectionable odors affecting a substantial number of X
people?
e) Result in a cumulatively considerable net increase of any X
criteria pollutant for which the project region is non-attainment
under an applicable federal or state ambient air quality standard
(including releasing emissions which exceed qualitative
thresholds for ozoneprecursors)?
Evaluation
a-e) The mobilehome park conversion ordinance would not result in impacts to air quality. The Mobilehome Park
Conversion Ordinance is administrative in nature and establishes a framework to review proposed mobile home park
closures and/or conversions for the purpose of mitigating adverse impacts to residents and mobile home owners. Any
proposal to convert a mobile home park pursuant to the ordinance would be reviewed as a discretionary entitlement and may
be subject to environmental review pursuant to CEQA to evaluate project specific impacts.
Conclusion:No impact.
4. BIOLOGICAL RESOURCES. Would the project:
a) Have a substantial adverse effect, either directly or indirectly or. 6 X
through habitat modifications, on any species identified as-a
candidate,sensitive,or special status species in local or regional
plans, policies, or regulations, or by the California Department
of Fish and Game or U.S. Fish and Wildlife Service?
b) Have a substantial adverse effect, on any riparian habitat or X
other sensitive natural community identified in local or regional
plans, policies, or regulations, or by the California Department
of Fish and Game or U.S. Fish and Wildlife Service?
c) Conflict with any local policies or ordinances protecting X
biological resources, such as a tree preservation policy or
ordinance(e.g.Heritage Trees)?
d) Interfere substantially with the movement of any native resident X
or migratory fish or wildlife species or with established native
resident or migratory wildlife corridors, or impede the use of
wildlife nursery sites?
e) Conflict with the provisions of an adopted habitat Conservation X
Plan,Natural Community Conservation Plan,or other approved
local,regional,or state habitat conservation plan?
f) Have a substantial adverse effect on Federally protected X
wetlands as defrted in Section 404 of the Clean Water Act
(including, but not limited to, marshes, vernal pools, etc.)
throw direct removal, filling, hydrological-interrution, or
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other means?
Evaluation
a-f)The mobilehome park conversion ordinance would not result in impacts to biological resources. The Mobilehome Park
Conversion Ordinance is administrative in nature and establishes a framework to review proposed mobile home park
closures and/or conversions for the purpose of mitigating adverse impacts to residents and mobile home owners. Any
proposal to convert a mobile home park pursuant to the ordinance would be reviewed as a discretionary entitlement and may
be subject to
environmental review pursuant to CEQA to evaluate project specific impacts.
Conclusion:No Impact.
5.CULTURAL RESOURCES. Would theproject:
a) Cause a substantial adverse change in the significance of a 16-19 X
historic resource?(See CEQA Guidelines 15064.5)
b) Cause a substantial adverse change in the significance of an X
archaeological resource?(See CEQA Guidelines.15064.5)
c) Directly or indirectly destroy a unique paleontological resource X
or site or unique geologic feature?
d) Disturb any human remains, including those interred outside of X
formal cemeteries?
Evaluation
The mobilehome park conversion ordinance would not result in impacts to cultural resources. The Mobilehome Park
Conversion Ordinance is administrative in nature and establishes a framework to review proposed mobile home park
closures and/or conversions for the purpose of mitigating adverse impacts to residents and mobile home owners. Any
proposal to convert a mobile home park pursuant to the ordinance would be reviewed as a discretionary entitlement and may
be subject to
environmental review pursuant to CEQA to evaluate project specific impacts.
Conclusion:No Impact.
6. ENERGY AND MINERAL RESOURCES. Would the project.
a) Conflict with adopted energy conservation plans? 6,7 X
b) Use non-renewable resources in a wasteful and inefficient X
manner?
c) Result in the loss of availability of a known mineral resource X
that would be of value to the region and the residents of the
State?
Evaluation
a)b) The project will not conflict with adopted energy conservation plans or promote the use of non-renewable resources in
an inefficient manner. The mobilehome park conversion ordinance would not result in impacts to energy and mineral
resources. The Mobilehome Park Conversion Ordinance is administrative in nature and establishes a framework to review
proposed mobile home park closures and/or conversions for the purpose of mitigating adverse impacts to residents and
mobile home owners. Any proposal to convert a mobile home park pursuant to the ordinance would be reviewed as a
discretionary entitlement and may be subject to environmental review pursuant to CEQA to evaluate project specific impacts.
Conclusion:No impact.
CITY OF SAN LUIS OBISPO 7 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2008
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Incorporated
7. GEOLOGY AND SOILS. Would theproject:
a) Expose people or structures to potential substantial adverse 5, 21, X
effects,including risk of loss,injury or death involving: 24
I. Rupture of a known earthquake fault; as delineated in the X
most.recent Alquist-Priolo Earthquake Fault Zoning Map
issued by the State Geologist for the area,or based on other
substantial evidence of a known fault?
Il. Strong seismic ground shaking? I X
Ill. Seismic-related ground failure, including liquefaction? X
IV. Landslides or mudflows? X
b) Result in substantial soil erosion or the loss of topsoil?. X
c) Be located on a geologic unit or soil that is unstable, or that X
would become unstable as a result of the project,and potentially
result in on or off site landslides;lateral spreading, subsidence,
liquefaction,or collapse?
d) Be located on expansive soil, as defined in Table 18-1-B of the X
Uniform Building Code(1994),creating substantial risks to life
or property? _
Evaluation
a-d)The Mobilehome Park Conversion Ordinance will not create soils and geology related impacts. The Mobilehome Park
Conversion Ordinance is administrative in nature and establishes a framework to review proposed mobile home park
closures and/or conversions for the purpose of mitigating adverse impacts to residents and mobile home owners. Any
proposal to convert a mobile home park pursuant to the ordinance would be reviewed as a discretionary entitlement and may
be subject to environmental review pursuant to CEQA to evaluate project specific impacts.
Conclusion:No Impact.
8. HAZARDS AND HAZARDOUS MATERIALS. Would the pro'ect:
a) Create a significant hazard to the public or the environment 5, 7, X
through the routine use, transport or disposal of hazardous 23
materials?
b) Create a significant hazard to the public or the environment X
through reasonably foreseeable upset and accident conditions
involving the release of hazardous materials into ,the
environment?
c) Emit hazardous emissions or handle hazardous or acutely X
hazardous materials, substances, or waste within one-quarter
mile of an existing or proposed school?
d) Expose people or structures to existing sources of hazardous X
emissions or hazardous or acutely hazardous materials,
substances,or waste?
e) Be located on a site which is included on a.list of hazardous X
materials sites compiled pursuant to Government Code Section
65962.5 and, as a result, it would create a significant hazard to
the public or the environment?
f) For a project located within an airport land use plan, or within X
two miles of a public airport,would the project result in a safety
_— hazard for the people residing or working in the project area?
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g) Impair implementation of, or physically interfere with; the X
adopted emergency response plan or emergency evacuation
plan?
h) Expose people or structures to a significant risk of lose, injury, X
or death, involving wildland fires, including where wildlands
are adjacent to urbanized areas or where residents are
intermixed with wildlands?
Evaluation
a-h) The mobilehome park conversion ordinance would not create hazards or expose people to hazardous materials. The
Mobilehome Park Conversion Ordinance is administrative in nature and establishes a framework to review proposed mobile
home park closures and/or conversions for the purpose of mitigating adverse impacts to residents and mobile home owners.
Any proposal to convert a mobile home park pursuant to the ordinance would be reviewed as a discretionary entitlement and
may be subject to environmental review pursuant to CEQA to evaluate project specific impacts.
Conclusion: No Impact.
9. HYDROLOGY AND WATER QUALITY. Would theproject:
a) Violate any water quality standards or waste discharge 61 15, X
requirements? 22
b) Substantially deplete groundwater supplies or interfere X
substantially with groundwater recharge such that there would
be a net deficit in aquifer volume or a lowering of the local
groundwater table level(e.g.The production rate of pre-existing
nearby wells would drop to a level which would not support
existing land uses for which permits have been granted)?
c) Create or contribute runoff water which would exceed the X
capacity of existing or planned storm water drainage systems or
provide additional sources of runoff into surface waters
(including; but not limited to, wetlands, riparian areas, ponds,
springs, creeks, streams, rivers; lakes, estuaries, tidal areas,
bays,ocean,etc.)?
d) Substantially alter.the existing drainage pattern,of the site or; X
area in a manner which would result in substantial erosion or
siltation onsite or offsite?
e) Substantially alter the existing drainage pattern of the site or
area in a manner which would result in substantial flooding
onsite or offsite?
f) Place housing within a 100-year flood hazard area as mapped X
on a Federal Flood Hazard Boundary or Flood Insurance Rate
Map or other flood hazard delineation map?
g) Place within a 100-year flood hazard area structures which X
would impede or redirect flood flows?
h) Will the project introduce typical storm water pollutants into X
ground or surface waters?
i) Will the project alter ground water or surface water quality, }{
temperature,dissolved oxygen,or turbidity?
Evaluation
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a-i)The mobilehome park conversion ordinance would not result in hydrological or water quality impacts. The Mobilehome
Park Conversion Ordinance is administrative in nature and establishes a framework to review proposed mobile home park
closures and/or conversions for the purpose of mitigating adverse impacts to residents and mobile home owners. Any
proposal to convert a mobile home park pursuant to the ordinance would be reviewed as a discretionary entitlement and may
be subject to environmental review pursuant to CEQA to evaluate project specific impacts.
Conclusion:No Impact.
10. LAND USE AND PLANNING. Would the rglect:
a) Conflict with applicable land use plan,.policy, or regulation of 1 X
an agency with jurisdiction over the project adopted for the
purpose of avoiding or mitigating an environmental effect?
b) Physically divide an established community? X
c) Conflict with any applicable habitat conservation plan or natural X
community conservationplans?
Evaluation
a-c) The proposed mobilehome park conversion ordinance will not result in conflicts with land use plans, policies, or
regulations with jurisdiction over the project that were adopted for the purpose of avoiding or mitigating an environmental
effect or physically divide an established community. Conversely, the proposed ordinance is designed specifically to
implement already adopted City policies relating to affordable housing and assistance for displaced residents. The
Mobilehome Park Conversion Ordinance is administrative in nature and establishes a framework to review proposed
mobile home park closures and/or conversions for the purpose of mitigating adverse impacts to residents and mobile home
owners. The proposed changes are intented to provide a method to address potential displacement of persons from existing
mobile home parks. The proposed ordinance would not induce growth beyond what is already allowed since relocation of
units would be subject to established density and development standards. Any proposal to convert a mobile home park
pursuant to the ordinance would be reviewed as a discretionary entitlement and may be subject to environmental review
pursuant to CEQA to evaluate project specific impacts.
Conclusion: No Impact.
11.NOISE. Would the project result in:
a) Exposure of people to or generation of"unacceptable" noise 4, 14, X
levels as defined by the San Luis Obispo General Plan Noise 23
Element, or general noise levels in excess of standards
established in the Noise Ordinance?
b) A substantial temporary, periodic, or permanent increase in X
ambient noise levels in the project vicinity above levels existing
without the project?
c) Exposure of persons to or generation of excessive groundbome X
vibration or groundbome noise levels?
d) For a project located within an airport land use.plan, or within X
two miles of a public airport or public use airport, would the
project expose people residing or working in the project area to
excessive.noise levels?
Evaluation
a-d) The Mobilehome Park Conversion Ordinance would not result in noise related impacts. The Mobilehome Park
Conversion Ordinance is administrative in nature and establishes a framework to review proposed mobile home park
closures and/or conversions for the purpose of mitigating adverse impacts to residents and mobilehome owners. Any
proposal to convert a mobile home park pursuant to the ordinance would be reviewed as a discretionary entitlement and may
be subject to environmental review pursuant to CEQA to evaluate project specific impacts.
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Incorporated
Conclusion:No Impact.
12. POPULATION AND HOUSING. Would theproject:
a) Induce substantial population growth in an area, either directly I X
(for example by proposing new homes or businesses) or
indirectly (for example, through extension of roads or other
infrastructure)?
b) Displace substantial numbers of existing. housing or people X
necessitating the construction of replacement housing
elsewhere?
Evaluation
a-b) The proposed mobilehome park conversion ordinance will not result in additional housing related impacts. The
Mobilehome Park Conversion Ordinance is administrative in nature and establishes a framework to review proposed mobile
home park closures and/or conversions for the purpose of mitigating adverse impacts to residents and mobile home owners.
The proposed changes are intented to provide a method to address potential displacement of persons from existing mobile
home parks. The proposed ordinance would not induce growth beyond what is already allowed since relocation of units
would be subject to established density and development standards. Any proposal to convert a mobile home park pursuant to
the ordinance would be reviewed as a discretionary entitlement and may be subject to environmental review pursuant to
CEQA to evaluate project specific impacts.
Conclusion:No Impact.
13. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the
provision, or need, of new or physically altered government facilities, the construction of which could cause
significant environmental impacts, in order to maintain acceptable service ratios, response times, or other
performance objectives for any of the public services:
a) Fire protection? 7 X
b) Police protection? X _
c) Schools? X
d) Parks? X
e) Roads and other transportation infrastructure? X
Other public facilities? X
Evaluation
a-f) The mobilehome park conversion ordinance would not result in.impacts to public services. The Mobilehome Park
Conversion Ordinance is administrative in nature and establishes a framework to review proposed mobile home park
closures and/or conversions for the purpose of mitigating adverse impacts to residents and mobile home owners. Any
proposal to convert a mobile home park pursuant to the ordinance would be reviewed asa discretionary entitlement and may
be subject to
environmental review pursuant to CEQA to evaluate project specific impacts.
Conclusion: No Impact.
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14.RECREATION. Would theproject:.
a) Increase the use of existing neighborhood or-regional parks or X
other recreational facilities such that substantial physical
deterioration of the facility would occur or be accelerated?
b) Include recreational facilities or require the construction or X
expansion of recreational facilities, which might have an
adverse physical effect on the environment?
Evaluation
a-b) The mobilehome park conversion ordinance would not result in impacts to existing recreation facilities or require the
expansion of existing facilities or construction of new facilities. The Mobilehome Park Conversion Ordinance is
administrative in nature and establishes a framework to review proposed mobile home park closures and/or conversions for
the purpose of mitigating adverse impacts to residents and mobile home owners. Any proposal to convert a mobile home
park pursuant to the ordinance would be reviewed as a discretionary entitlement and may be subject to environmental review
pursuant to CEQA to evaluate project specific impacts.
Conclusion:No Impact.
15. TRANSPORTATION/TRAFFIC. Would theproject:
a) Cause an increase in traffic which is substantial in relation to 3, 13, X
the existing traffic load and capacity of the street system? 23
b) Exceed, either individually or cumulatively, a level of service X
standard established by the county congestion management
agency for designated roads and highways?
c) Substantially increase hazards due to design features(e:g. sharp X
curves or dangerous intersections) or incompatible uses (e.g.,
farm equipment)?
d) Result in inadequate emergency access? X
e) Result in inadequate parking capacity onsite or offsite? X
f) Conflict with adopted policies supporting alternative X
transportation(e.g.bus turnouts,bicycle racks)?
g) Conflict with the with San Luis Obispo County Airport Land X
Use Plan resulting in substantial safety risks from hazards,
noise,or a change in air trafficpatterns?
Evaluation
a-g) The mobilehome park conversion ordinance would not result in transportation and traffic related impacts. The
Mobilehome Park Conversion Ordinance is administrative in nature and establishes a framework to review proposed mobile
home park closures and/or conversions for the purpose of mitigating adverse impacts to residents and mobile home owners.
Any proposal to convert a mobile home park pursuant to the ordinance would be reviewed as a discretionary entitlement and
may be subject to environmental review pursuant to CEQA to evaluate project specific impacts.
Conclusion: No Impact.
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incorporated
16.UTILITIES AND SERVICE SYSTEMS. Would the ro'ect:
a) Exceed wastewater treatment requirements of the applicable 7,20 X
Regional Water Quality Control Board?
b) Require or result in the construction or expansion of new water X
treatment, wastewater treatment,water quality control, or storm
drainage facilities, the.construction of which could cause
significant environmental effects?
c) Have sufficient water supplies available to serve the project X,
from existing entitlements and resources, or are new and
expanded water resources needed?
d) Result in a determination by the wastewater treatment provider, X
which serves or may serve the project that it has adequate
capacity to serve the project's projected demand in addition to
the provider's existing commitment?
e) Be served by a landfill with sufficient permitted capacity to X
accommodate the project's solid waste disposal needs?
Comply with federal, state, and local statutes and regulations X
related to solid waste?
Evaluation
The mobilehome park conversion ordinance would not result in impacts to utilities and service systems. The Mobilehome
Park Conversion Ordinance is administrative in nature and establishes a framework to review proposed mobile home park
closures and/or conversions for the purpose of mitigating adverse impacts to residents and mobile home owners. Any
proposal to convert a mobile home park pursuant to the ordinance would be reviewed as a discretionary entitlement and may
be subject to environmental review pursuant to CEQA to evaluate project specific impacts.
Conclusion: No Impact.
17.MANDATORY FINDINGS OF SIGNIFICANCE.
a) Does the project have the potential to degrade the quality of the X
environment, substantially reduce the habitat of a fish or
wildlife species, cause a fish or wildlife population to drop
below self-sustaining levels, threaten to eliminate a plant or
animal community, reduce the number or restrict the range of a
rare or endangered plant or animal or eliminate important
examples of the major periods of California history or
prehistory?
There are no impacts identified that would result from the proposed ordinance since it is administrative in nature and
establishes a framework to review proposed mobile home park closures and/or conversions for the purpose of mitigating
adverse impacts to residents and mobile home owners. Any proposal to convert a mobile home park pursuant to the
ordinance would be reviewed as a discretionary entitlement and may be subject to environmental review pursuant to CEQA
to evaluate project specific impacts.
b) Does the project have impacts that are individually limited, but X
cumulatively considerable? ("Cumulatively considerable"
means that the incremental effects of a project are considerable
When viewed in connection with the effects of the past projects,
the effects of other current projects, and the_effects.of probable
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Incorporated
futureprojects)
The impacts identified as less than significant in this initial study are specific to this project and would not be categorized as
cumulatively significant.
c) Does the project have environmental effects, which will cause X
substantial adverse effects on human beings, either directly or
indirectly?
18.EARLIER ANALYSES.
Earlier analysis may be used where,pursuant to the tiering,program EIR, or other CEQA.process, one or more effects have
been adequately analyzed in an earlier EIR or Negative Declaration. Section 15063 (c) (3) (D). In this case a discussion
should identify the following items:
a Earlier analysis used. Identify earlier analyses and state where they are available for review.
N/A
b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and
adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were
addressed by mitigation.measures based on the earlier analysis.
N/A
c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation
measures which were incorporated or refined from the earlier documeiit and the extent to which they address site-
specific conditions of the project.
N/A -
19. SOURCE REFERENCES.
1. City of SLO General Plan Land Use Element,April 2006
2. City of SLO General Plan Housing Element April 2006
3. City of SLO General Plan Circulation Element April 2006
4. City of SLO General Plan Noise Element,May 1996
5. City of SLO General Plan Safety Element,July 2000
6. City of SLO General Plan Conservation and Open Space Element,April 2006
7. City of San Luis Obispo Municipal Code
8. City of San Luis Obispo,Land Use Inventory Database
9. USDA,Natural Resources Conservation Service, Soil Survey of.San Luis Obispo County
10. Website of the Farmland Mapping and Monitoring Program of the California Resources Agency:
http://www.consrv.ca.gov/dlrp/FMMP/
H. Clean Air Plan for San Luis Obispo County,Air Pollution Control District,2001
12. CEQA Air Quality Handbook,Air Pollution Control District,2003
13. Institute of Transportation Engineers, Trip Generation Manual, 7 Edition, on file in the Community
Development Department
14. City of San Luis Obispo Noise Guidebook,May 1996
15. City of SLO Waterways Management Plan
16. City of San Luis Obispo, Historic Resource Preservation Guidelines, on file in the Community Development
Department
17. City of San Luis Obispo, Archaeological Resource Preservation Guidelines, on file in the Community
Development Department
18. City of San Luis Obispo, Historic Site Ma
19. City of San Luis Obispo Burial Sensitivity Ma
20. City of SLO Source Reduction and Recycling Element,on file in the Utilities Department
21. San Luis Obispo Quadrangle Map, prepared by the State Geologist in compliance with the Alquist-Priolo
Earthquake Fault Zoning Act effective January 1, 1990
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Issues, Discussion and Supporting Information Sources Sources Potentially Potentially Less Than No
Significant Significant Significant Impact
ER# 147-08, Mobilehome Park Conversion Ordinance Issues aImpact
Mittigigattion
incorporated
22. Flood Insurance Rate Ma (Community Panel 0603100005 C dated July 7 1981
23. San Luis Obispo County Airport Land Use Plan
24. 2001 Uniform Building Code
Attachments:
1. Draft Mobilehome Park Conversion Ordinance
A CITY OF SAN LUIS OBISPO 15 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2008
ATTACHMENT q
ORDINANCE NO. (2009 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
ADOPTING NEW CHAPTER 5.45 OF THE SAN LUIS OBISPO MUNICIPAL CODE,
MOBILE HOME PARK CONVERSION
WHEREAS, state planning and zoning and subdivision laws afford a heightened level of
protection to Mobile Home Park residents against displacement due to the closure or conversion
of Mobile Home Parks and allow cities to require developers to provide relocation assistance to
displaced residents; and
WHEREAS, City Housing Element policies strongly encourage the preservation and
rehabilitation of affordable housing, generally, and Housing Element policy 3.15.2 encourages
the preservation of City Mobile Home Parks specifically; and
WHEREAS, City Housing Element policy dictates that, where the City permits private
development projects that displace affordable housing, the City shall require private developers
to assist displaced residents to find alternate, affordable housing, either through assistance with
access to alternate, affordable housing to be developed, assistance with relocation costs, or other
financial measures; and
WHEREAS, the City Council finds that the City's Mobile Home Parks constitute a
significant and virtually irreplaceable source of affordable housing for City residents; and
WHEREAS, Mobile Home ownership serves as an entry point into a housing market that
otherwise may be inaccessible for moderate, low and very low income individuals and families
wishing to assist family members or dependents to achieve home ownership; and
WHEREAS, the City desires to ensure that residents of Mobile Home Parks who are
displaced by Park closures or conversions are provided relocation assistance sufficient to mitigate
the negative impacts of displacement that would result from the closure or conversion of a City
Mobile Home Park ;
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. That new Chapter 5.45 (Mobile Home Park Conversions) is hereby added
to Title 5 (Business Taxes, Licenses and Regulations) of the San Luis Obispo Municipal Code, to
read as follows:
-, ATTACHMENT �
CHAPTER 5.45
MOBILE HOME PARK CONVERSION
5.45.010 Authority and Short Title.
This Chapter is enacted pursuant to the City's police power and the authority of California
Government Code Sections 65863.7, 65863.8 and 66427.4; and pursuant to the City's adopted
General Plan. Housing Element policy 3.5.2 discourages the removal of affordable housing
unless it achieves general plan objectives and provides for replacement housing that is affordable
or corrects unsafe or blighted conditions. In addition, Housing Element 3.6.2 indicates the City
will require a developer to assist displaced residents to find affordable housing when affordable
housing is removed and Housing Element Policy 3.15.2 encourages the preservation of
manufactured housing Parks and authorizes City support of changes in tenure only if changes
provide specified benefits to Park residents. This Chapter, which shall be known and may be
cited as the "San Luis Obispo Mobile Home Park Conversion Ordinance", implements General
Plan policies related to affordable housing and Mobile Home Parks specifically.
5.45.020 Definitions.
For the purposes of this Chapter, unless the context clearly requires otherwise, the following
definitions shall apply:
A. "Absentee Owner" means a person who owns a Mobile Home in a Mobile Home Park and
does not reside at such Mobile Home, but does not include a homeowner who purchased
the home, prior to receiving any notification of the filing of a development application or
request for approval of a closure or conversion, for the purpose of providing housing for
an Immediate Family Member who actually occupies the home as that family member's
primary residence. This definition also shall not include those individuals subletting their
Mobile Homess pursuant to California Civil Code §798.23.5.
B. "Affected Mobile Home Owners and Residents" means Absentee Owners, Resident
Owners and Resident Tenants whose Mobile Home will be displaced by the closure or
conversion of a Mobile Home Park.
C. "Applicant"means a Mobile Home Park owner or authorized representative who proposes
to perform a Mobile Home Park Conversion.
D. "Certificate of Acceptance" means a written declaration expressing a Applicant's
acceptance of the conditions imposed by the City in connection with approval of a
Conversion Impact Report.
E. "Commission"means the Planning Commission of the City.
ATTACHMENT q
F. "Comparable Housing" means housing within a 20 mile radius of the Mobile Home Park
to be converted that is equivalent (or better) in terms of amenities, condition, location,
price, and size (floor area and number of bedrooms) to the Mobile Home to which
comparison is being made.
G. "Comparable Mobile Home Park" means a Mobile Home Park within a 20-mile radius of
the Park to be converted that is equivalent (or better) in terms of amenities, condition,
location and rental price to the Mobile Home Park to which comparison is being made.
H. "Conversion Impact Report" means a report, meeting the requirements of this Chapter,
describing (i) the impacts of a Mobile Home Park conversion on affected Mobile Home
owners and residents; and (ii) the measures that will be taken to mitigate adverse impacts
of such conversion on affected Mobile Home owners and residents.
I. "Director" means the Community Development Director of the City.
J. "Immediate Family Member" means the spouse, registered domestic partner; parents,
grandparents, children, grandchildren or siblings, by blood, marriage, domestic
partnership or adoption, of a Mobile Home owner, or any other person claimed as a
dependent of the Mobile Home owner for federal income tax purposes.
K. "Mobile Home" means a "mobilehome" as such term is defined in the Mobilehome
Residency Law. "Mobile Home" also means camping trailers, motor homes, slide-in
campers and travel trailers when used as the occupant's primary place of residence as
established by nine months continuous residency.
L. "Mobile Home Improvements" means carports, earthquake bracing, landscaping, new
roofs, patios, porches and similar amenities and major repairs.
M. "Mobile Home Park" means a "Mobilehome Park" as such term is defined in the
Mobilehome Residency Law.
N. "Mobile Home Park Conversion" means (i) the conversion of a Mobile Home Park or any
part thereof to another use; (ii) the closure of a Mobile Home Park or any part thereof, and
(iii) the cessation of use of land as a Mobile Home Park.
O. "Mobilehome Residency Law" means California Civil Code Section 798 et seq. as such
statute exists at the time of enactment of this Chapter or is subsequently amended.
P. "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 closure or conversion.
ATTACHMENT �}
Q. "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.
5.45.030 Conversion Impact Report Requirement.
A. Whenever an Applicant submits any development or permit application to the City the
approval of which would result in a Mobile Home Park conversion, as defined herein, the
City shall notify the Applicant of the requirements of this Chapter.
B. Unless a conversion impact report has been approved by the City and a Certificate of
Acceptance has been recorded, no Mobile Home Park owner or authorized representative
shall do any of the following:
1. Perform a Mobile Home Park conversion.
2.. Display a sign announcing that the Mobile Home Park is closing, may be closing
or has been closed.
I Display a sign announcing a new use for the Mobile Home Park property.
4. Nothing in this section shall be interpreted to preclude any notification to tenants
as may be required by State law, nor shall this Section preclude notification to
tenants that information is being requested in anticipation of the filing of a
development application or request for approval of a closure or conversion.
Notification to prospective residents regarding the existence or status of any
application or approval process affecting the Mobile Home Park shall not be
considered a violation of this section All notices required by this Chapter shall be
delivered by certified mail to the occupant and, where different, the registered
owner of each unit within the Mobile Home Park.
5.45.040 Relocation Specialist.
A. The Director shall require an Applicant to hire a Relocation Specialist to assist in:
providing notification to Mobile Home owners and residents that a closure or conversion
of the Mobile Home Park is being requested through the City; developing the Conversion
Impact Report, including relocation proposals for affected Mobile Home owners and
residents; assisting affected residents and owners to identify and secure alternate housing;
and assisting residents and owners in the moving process.
B. The Applicant shall choose the Relocation Specialist with the Director's approval. The
Director's approval shall be contingent upon verification of professional qualifications
demonstrating: familiarity with the region's housing market; competency in assisting
residents to evaluate, select and secure placement in replacement housing; ability to
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ATUCHMENT
facilitate the moving of residents' personal property, residential unit, and/or accessories,
as appropriate; knowledge of qualifications for and availability of various housing types
and programs; ability to assist residents in applying for available housing programs or
assistance.
C. The Applicant shall pay all costs and expenses incurred by the Relocation Specialist.
5.45.050 Pre-Conversion Questionnaire.
A. Prior to filing a Conversion Impact Report for City approval, the Relocation Specialist
shall distribute a Pre-conversion Questionnaire to affected Mobile Home owners and
residents. The affected Mobile Home owners and residents shall have no less than thirty
days from the date of certified mailing to complete the Pre-Conversion questionnaire.
B. The Director shall provide a standard Pre-Conversion Questionnaire for use by the
Relocation Specialist. At a minimum, the Pre-conversion Questionnaire shall include
questions requesting the affected Mobile Home owners and residents to provide the
following information:
1. Whether the individual(s) occupying the unit in the Mobile Home Park space
owns, or is the Immediate Family Member of the owner, or rents the Mobile
Home unit and whether the individual owns other Mobile Home units within the
Park or any other Mobile Home Park within the City.
2. Length of occupancy in the Mobile Home unit in the Mobile Home Park.
3. For home owners, the purchase date and purchase price for each Mobile Home
owned and, if non-owner occupied units are rented out, the amount of monthly
rental payments received by the owner.
4. The amount and terms of any outstanding mortgage obligation for the Mobile
Home, including the name and mailing address of the lender.
5. Manufacture date, size, and length of occupancy in the Mobile Home as located in
the subject Mobile Home Park.
6. Any Mobile Home improvements that have been paid for by the Mobile Home
owner or tenant and the costs of such improvements.
7. Any circumstances, including but not limited to,job location or disability, which
restrict potential relocation areas.
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8. Any available, alternate housing opportunities known to the owner or resident that
would be acceptable as a relocation option to the individual and approximate costs
to accomplish a relocation to the alternate housing.
9. Any other information the Director may deem necessary to facilitate the Planning
Commission's consideration of appropriate conditions to mitigate the adverse
impacts of a Park closure or conversion on residents and owners.
C. Prior to or concurrent with the distribution of the Pre-Conversion Questionnaire, the
Applicant shall provide notice to affected owners and residents of the intention to seek
City approval for a closure or conversion of the Mobile Home Park. The notice shall, at a
minimum, include an explanation, in general terns, of the nature and timeframes of the
proposed closure or conversion, shall advise owners and 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 Mobilehome Residency Law (California
Civil Code, Section 789, et seq.), or as those provisions may be amended. The notice
shall also include the name, qualifications and contact information for the Relocation
Specialist.
D. Completed Pre-Conversion Questionnaires shall be submitted to the Relocation
Specialist, shall be treated as confidential, and disclosure of information provided therein
shall be limited to those individuals and uses necessary to accomplish the purpose of this
Chapter, including the Applicant, as deemed appropriate by the Relocation Specialist.
E. Neither the completed Pre-Conversion Questionnaire form nor any personal information
provided in response thereto shall be considered public information and the City shall not
publicly disclose any such information, except as necessary to facilitate the evaluation of
the adequacy of the Report herein or as may be required by law.
F. Any Mobile Home resident or owner may decline to provide any information requested,
but the Planning Commission's determination of the reasonableness of the level of
relocation assistance proposed by the Applicant will be based on information provided in
response to the Pre-Conversion Questionnaire, and the level of assistance deemed
reasonable in an individual case may be limited, or the relocation assistance requirement
may be eliminated, based on the owner's or resident's verified refusal to provide
information necessary to make such a determination.
5.45.060 Conversion Impact Report Content.
A. Each conversion impact report submitted for City approval shall contain the following, or
shall indicate that such information could not be obtained after documented reasonable
efforts by the Relocation Specialist and/or the Applicant:
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ATTACHMENT 4
1. Legal description of the Mobile Home Park.
2. Description of any use proposed to replace the Mobile Home Park.
3. Any offers to sell or purchase the Mobile Home Park, including offer dates and
whether the proposed purchaser contemplated continuation of the Mobile Home
Park use, if known.
4. Timetable for the proposed Mobile Home Park conversion.
5. Number of spaces in the Mobile Home Park and the current rental rate for each
space and, if the space is occupied by a Park owned rental unit, the combined
rental rate for the space and unit.
6. Name, mailing address, age and disability status of each resident owner and
resident tenant having a Mobile Home in the Mobile Home Park and whether the
Mobile Home constitutes such person's primary place of residence.
7. Name and mailing address of each Absentee Owner having a Mobile Home in the
Mobile Home Park.
8. Name and mailing address of each lender having an interest in a Mobile Home in
the Mobile Home Park.
9. Manufacture date, size, length of occupancy and the appraised on-site fair market
value of each Mobile Home as located in the subject Mobile Home Park. "Fair
market value" shall be determined assuming the continuation of the Mobile Home
Park in a safe, sanitary and well-maintained condition. The appraisal shall be
performed by a professional appraiser selected by the Director. The Applicant
shall pay all costs and expenses associated with the appraisal, including any
appraisal fees. The Applicant shall not be required to provide appraisal
information for Park-owned units.
10. Estimates from two moving companies, chosen by the Applicant with the
Director's approval, as to the cost of moving Mobile Homes, relocatable Mobile
Home improvements, and personal property. The estimates shall include tear-
down and set-up costs to establish the home in the new location in substantially
the same condition as prior to relocation. "Set-up costs" include the cost of
connecting utilities at the new location and the cost of any upgrades required to
comply with applicable laws or Park rules. No estimate of Mobile Home
relocation and associated set-up and tear-down costs shall be required for any Park
owned units.
11. Estimates from two temporary lodging facilities, chosen by the Applicant with the
Director's approval, as to the cost of providing temporary lodging for resident
owners and resident tenants who are unable to complete relocation within one day.
Such estimates shall include the anticipated duration of the stay in the temporary
lodging facility.
12. Itemization of available Mobile Home spaces within Comparable Mobile Home
Parks within a 20 mile radius within the county. Such itemization shall indicate
the rental rate for each space and whether the owner of that Mobile Home Park
has agreed in writing to accept affected Mobile Home owners and residents that
are displaced by the Mobile Home Park conversion.
13. Itemization of available Comparable Housing within a 20 mile radius within the
county. Such itemization shall indicate the purchase price for each equivalent (or
better) Mobile Home or condominium, as well as the rental rate for each
equivalent(or better) Mobile Home, condominium or apartment.
14. Completed pre-conversion questionnaires.
15. Proposed measures to mitigate the adverse impacts of the Mobile Home Park
conversion on affected Mobile Home owners and residents.
16. A copy of any agreement reached with any resident or owner relating to the
purchase or relocation of the resident/owner or the provision of relocation
assistance. The Director may waive the requirement to include any or all of the
information required by this section where an affected resident/owner and the
Applicant have reached a final, mutually acceptable agreement as to the relocation
assistance to be provided.
B. The Director may require an Applicant to include information in the conversion impact
report in addition to that specified in subpart A above.
C. Nothing in this section shall be interpreted to preclude City approval of proposed impact
mitigation measures that include the relocation of a resident or owner to a geographic area
beyond the 20 mile radius specified herein where the terms of such relocation are the
product of a mutually acceptable agreement between the Applicant and an individual
owner or resident.
5.45.070 Public Hearing Regarding Conversion Impact Report.
A. No less than fifteen (15) days prior to the first public hearing regarding the adequacy of
the Conversion Impact Report, the Applicant shall conduct an informational meeting for
the residents of the Mobile Home Park. The meeting shall be conducted on the premises
PA 14
of the Park, or other noticed location approved by the Director, and the Relocation
Specialist and a City representative shall be present. A copy of the Conversion Impact
Report shall be provided to each resident and owner prior to the meeting. The meeting
shall address the proposed conversion or closure, the Report contents and approval
process, the project application process, if a replacement project is proposed, and
proposed relocation assistance for displaced Mobile Home owners and residents. The
Applicant shall make the Relocation Specialist available for individual meetings with
residents and owners to discuss concerns, relocation limitations, or needs unique to an
individual resident or owner.
B. Upon the filing of a complete conversion impact report for City review, the Director shall
schedule a public hearing before the Commission. Notice of the public hearing shall be
provided in accordance with subpart C below.
C. At least 30 days prior to the hearing date, the Director shall perform the following actions:
1. Mail a notice of the public hearing and a copy of conversion impact report to
affected Mobile Home owners and residents, to the owners of properties within a
300 foot radius of the Applicant's property, and to each lender having an interest
in a Mobile Home in the Mobile Home Park. The notice shall contain a general
explanation of the matters to be considered by the Commission. The copy of the
conversion impact report shall not include the completed pre-conversion
questionnaires, which will be considered private information of each responding
individual and not subject to public disclosure, but shall include the appraisal of
the Mobile Home owned or resided in by that particular notice recipient.
2. Inform the Applicant in writing of the provisions of Civil Code Section 798.56
regarding the Applicant's duty to notify affected Mobile Home owners and
residents of the proposed conversion. Such writing shall specify the manner in
which the Applicant shall verify that affected Mobile Home owners and residents
have been notified of the proposed conversion.
3. Notify the Applicant that s/he shall be required to schedule an informational
meeting in accordance with subpart "A" above.
D. The Commission shall conduct a public hearing on the conversion impact report at the
time and place set forth in the hearing notice. Such hearing shall not be held before the
Applicant has satisfactorily verified that affected Mobile Home owners and residents have
been notified of the proposed conversion pursuant to Civil Code Section 798.56.
E. The Applicant shall pay all costs associated with providing notice, including any
publishing and postage expenses.
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5.45.080 Decision Regarding Conversion Impact Report.
A. After the conclusion of the public hearing, the Commission shall adopt a resolution
approving, conditionally approving or rejecting a proposed conversion impact report. The
Commission shall approve or conditionally approve a conversion impact report if it finds
that the conversion impact report contains, or has been conditioned to contain, reasonable
measures to mitigate the adverse impacts of the Mobile Home Park conversion on
affected Mobile ,Home owners and residents. In considering the reasonableness of any
measure to be required hereunder, the Commission shall take into account whether a
resident is a homeowner or a tenant in the Mobile Home unit, whether the Mobile Home
is the resident's primary residence, and the nature (i.e. monthly or longer term lease) and
duration of the tenancy in the Park.
B. Subject to subpart C below, the Commission may impose conditions in connection with
its approval of a conversion impact report. Such conditions may include, but are not
limited to, lump sum payments to affected Mobile Home owners and residents to mitigate
the following expenses, as appropriate to each particular Absentee Owner, resident owner
and resident tenant having a Mobile Home in the Mobile Home Park, as specified below:
1. The expense of relocating the Mobile Home to a Comparable Mobile Home Park.
Assistance with these expenses shall be payable only to a Resident or Absentee
Owner of a Mobile Home in the Mobile Home Park. The amount of such
payment shall be based upon consideration of moving, tear-down and set-up costs.
"Moving costs" include the cost of moving the Mobile Home and the cost of
moving associated relocatable Mobile Home improvements, including accessory
structures such as awnings, porches and carports or garages. "Set-up costs"
include the cost of connecting utilities at the replacement Mobile Home Park and
the cost of any upgrades required to comply with applicable laws or Park rules to
establish the home in the new location in substantially the same condition as prior
to relocation.
2. The expense of forfeiting the Mobile Home. Assistance with these expenses shall
be payable only to a resident owner of a Mobile Home in a Mobile Home Park.
The amount of such payment shall be based upon consideration of: (i) the on-site
fair market value of the Mobile Home and associated Mobile Home improvements
in its location within the existing Mobile Home Park; (ii) any outstanding
mortgage obligation of the owner; (iii) the cost of purchasing an equivalent
Mobile Home in a Comparable Mobile Home Park together with the expense of
assuming tenancy in the comparable Park, as specified in subpart B.3, below,
provided that an owner shall not be entitled to payment for an amount based on
more than one of the foregoing criteria. "Fair market value" shall be determined
assuming the continuation of the Mobile Home Park in a safe, sanitary and well-
maintained condition.
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3. The expense of assumin¢ tenancy in a Comparable Mobile Home Park.
Assistance with these expenses shall be available to Resident Owners, Absentee
Owners and Resident Tenants. The amount of such payment shall be based upon
consideration of: (i) moving costs; (ii) first month's rent, last month's rent and
security deposit at the replacement Mobile Home Park; (iii) for low and extremely
low income residents, the differential between rental rates at the Mobile Home
Park being converted and the replacement Mobile Home Park during the first year
of relocation.Mobile HomeMobile HomePark
4. The expense of assumingtenancy enancy in Comparable Housing. Assistance with these
expenses shall be available to resident tenants. The amount of such payment shall
be based upon consideration of: (i) moving costs; (ii) first month's rent, last
month's rent, and security deposit at the replacement housing; and (iii) for low and
extremely low income residents, differential between the rental rate at the Mobile
Home Park being converted and the replacement housing during the first year of
relocation
5. The expense of purchasing Comparable Housing. Assistance with these expenses
shall be payable only to a resident owner of a Mobile Home in a Mobile Home
Park as an alternative to the assistance available pursuant to subpart B.2, above.
The amount of such payment shall be based upon consideration of (i) moving
costs; (ii) down payment for the replacement housing; and (iii) differential
between the rental rate at the Mobile Home Park being converted and the
mortgage payment for the replacement housing during the first year of relocation.
C. The conditions imposed in connection with approval of a Conversion Impact Report shall
not exceed the reasonable costs of relocation. Conditions shall only be imposed in order
to ensure that the Applicant adequately mitigates adverse impacts of the Mobile Home
Park conversion on affected Mobile Home owners and residents.
In imposing conditions, the City shall interpret and apply this Chapter in a manner
consistent with applicable law and shall not require cumulative forms of relocation
assistance from the above options that result in costs to the Applicant in excess of the
reasonable costs of relocation in light of the circumstances of each affected resident or
owner.
5.45.090 Application for Exemption from Relocation Assistance Obligations.
A. Any Applicant for change of use of a Mobile Home Park may, simultaneous with such
application, file an application for total or partial exemption from the obligation to
provide relocation assistance.
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/7 ATTACHMENT
B. If such application is filed, notice of such application, with the information contained
therein, and distribution thereof to the owners and residents of the Mobile Home Park
shall be provided with the application for change of use.
C. Any such application shall establish that it is made on either or both of the following
bases:
1. That provision for relocation assistance would eliminate substantially all
reasonable use or economic value of the property. Such basis may only be
established if it is demonstrated that the imposition of such obligations would
eliminate the reasonable use or economic value of the property for alternate uses,
and that continued use of the property as a Mobile Home Park would eliminate
substantially all reasonable use or economic value of the property for reasons not
caused or contributed by the Park owner or Applicant.
2. That a court of competent jurisdiction has determined in connection with a
proceeding in bankruptcy that the closure or cessation of use of said property as a
Mobile Home Park is necessary, and that such court has taken further action which
would prohibit or preclude payment of relocation assistance benefits, in whole or
in part.
D. Any such application made pursuant to subpart C.1 above shall contain, at a minimum,
the following information:
1. Statements of profit and loss from the operations of the Mobile Home Park for the
most recent five-year period of the date of the application or request, certified by a
certified public accountant. All such statements shall be maintained in confidence
as permitted by the California Public Records Act.
2. A statement to support the Applicant's assertion that continued use of the
property as a Mobile Home Park necessitates repairs or improvements or both,
that are not the result of the Park owner or Applicant's negligent failure to
properly maintain the property, and that the costs thereof make continuation of the
Park economically infeasible. This statement must be made under penalty of
perjury by a general contractor licensed as such pursuant to the laws of the State of
California to certify that such contractor has thoroughly inspected the entire
Mobile Home Park; that such contractor has determined that certain repairs and
improvements must be made to the Park to maintain the Park in decent, safe and
sanitary condition, and that those certain repairs are not the result of the Park
owner or Applicant's negligent failure to properly maintain said property; the
minimum period of time in which such improvements or repairs must be made;
and itemized statement of such improvements and repairs; and the estimated cost
thereof of repairs and improvements, if any, due to deferred maintenance
separately identified. The Applicant shall also submit a statement verified by a
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ATTACHMENT
certified public accountant as to 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 that are not the result of the Park owner or Applicant's
negligent failure to properly maintain said property. If the Director requires an
analysis of the information submitted by the general contractor, the Director may
procure services of another such licensed general contractor to provide such
written analysis, and the cost thereof shall be billed to and payment therefore shall
be required from the Applicant.
3. The estimated total cost of relocation assistance which would otherwise be
required to be provided pursuant to this chapter, which shall be based upon
documented surveys, included with the application, of the available Mobile Home
spaces within 20 miles of the Mobile Home Park, residents of the Park who are
willing to relocate and those who would elect to sell their Mobile Homes, and the
value of the Mobile Homes in the Park.
4. An estimate of the value of the Mobile Home Park by a professional appraiser,
approved by the Director, if the Park were permitted to be developed for the
change of use proposed in the application for redevelopment of the Park, and as
all other uses permitted by the zoning designation of the property, and an estimate
of the value of such Park, including current sale value of the Mobile Home Park,
by such appraiser if use of the property as a Mobile Home Park is continued.
5. The purchase price paid by the Applicant to acquire the Mobile Home Park.
6. Such other information which the Applicant believes to be pertinent, or which
may be required by the Director.
E. Any such application filed pursuant to subpart C.2 above shall be accompanied by
adequate documentation as to the title, case number, and court in which the bankruptcy
proceeding was held, and copies of all pertinent judgments, orders, and decrees of such
court.
5.45.100 Certificate of Acceptance.
Upon City approval of a Conversion Impact Report, the Applicant shall record a Certificate of
Acceptance on the title of the Mobile Home Park property. City approval of a Conversion Impact
Report shall not be effective until proof of recordation of a Certificate of Acceptance has been
delivered to the Director. The Director shall provide the Certificate of Acceptance form for use
by the Applicant.
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5.45.110 Performance of Mitigation Measures.
The Applicant shall fully perform the mitigation measures set forth in, and the conditions
imposed in connection with, the approved Conversion Impact Report and such performance shall
also be a condition of approval of any concurrent or subsequent development application
proposing an alternate or replacement use of the Mobile Home Park property. No affected
Mobile Home owner or resident shall be required to vacate a Mobile Home space unless the
Applicant has performed all mitigation measures and conditions of approval applicable to such
owner or resident and such performance has been verified by the Director.
5.45.120 Modification of Conversion Impact Report.
A. The Commission may, upon request of Applicant and after holding a public hearing,
modify the provisions of an approved Conversion Impact Report. A modification may be
approved where the Commission finds that there has been a change in circumstances, or
there is new information that could not have reasonably been known or considered at the
time of the original hearing on approval of the Conversion Impact Report.
B. The Commission may impose additional conditions as deemed necessary to mitigate any
adverse impacts resulting from a modification of an approved Conversion Impact Report.
C. Upon City approval of modification of an approved Conversion Impact Report with
additional conditions, the Applicant shall record a Certificate of Acceptance on the title of
the Mobile Home Park property. City approval of modification of an approved
Conversion Impact Report shall not be effective until proof of recordation of a Certificate
of Acceptance has been delivered to the Director.
5.45.130 Expiration of Conversion Impact Report.
A. An approved Conversion Impact Report shall expire (i) the thirtieth day after adoption of
the resolution of approval, unless proof of recordation of a Certificate of Acceptance is
delivered to the Director prior to such date; or (ii) one year after delivery to the Director
of proof of recordation of a certification of acceptance, unless an extension is granted
prior to such date pursuant to this Section.
B. The Commission may, upon request of the Applicant and after holding a public hearing,
extend the term of an approved Conversion Impact Report. An extension may be granted
where the Commission finds that expiration of the Conversion Impact Report would
constitute an undue economic hardship to the Applicant.
C. The Commission may impose additional conditions as deemed necessary to mitigate any
adverse impacts resulting from an extension. The Commission may grant multiple
extensions of an approved Conversion Impact Report, not to extend beyond the date of
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expiration of any other City discretionary approval associated with the Mobile Home Park
conversion, but no single extension shall have a duration in excess of one year.
D. Upon City approval of an extension of an approved Conversion Impact Report with
additional conditions, the Applicant shall record a Certificate of Acceptance on the title of
the Mobile Home Park property. City approval of an extension of an approved
Conversion Impact Report shall not be effective until proof of recordation of a Certificate
of Acceptance has been delivered to the Director.
5.45.140 Nullification of Impact Report.
A. The Commission may, upon request of the Director and after holding a public hearing,
order an approved Conversion Impact Report null and void. No nullification shall be
ordered unless the Commission makes either of the following findings:
1. Approval of the Conversion Impact Report was obtained fraudulently.
2. The Applicant has failed to comply with the mitigation measures set forth in, or
the conditions imposed in connection with, the approved Conversion Impact
Report.
B. If a Conversion Impact Report is nullified, then the Applicant shall not be entitled to
perform the Mobile Home Park conversion until a new Conversion Impact Report is
approved in accordance with this Chapter.
5.45.150 Right of First Refusal.
An Applicant shall afford affected Mobile Home owners and residents a right of first refusal to
purchase, lease or rent housing that is constructed for sale, lease or rental on the site of the
Mobile Home Park proposed to be converted.
5.45.160 Appeal.
Any Commission decision pursuant to this Chapter may be appealed to the City Council in
accordance with Chapter 1.20 of this Code.
5.45.170 Processing Fees.
Each Applicant seeking City approval, modification or extension of a Conversion Impact Report
shall pay a nonrefundable application deposit in an amount established by City Council
resolution. In addition, the Applicant shall reimburse the City for all costs, including staff time
and attorney's fees, incurred in processing and reviewing the Applicant's Conversion Impact
Report.
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5.45.180 Building Permits.
No building permit shall be issued for conversion of a Mobile Home Park property until the
Applicant has filed with the Director a written statement confirming full performance of the
mitigation measures set forth in, and the conditions imposed in connection with, the approved
Conversion Impact Report. Such statement shall specify in itemized form the name of each
affected Mobile Home owner and resident and the date and type of relocation assistance provided
to such person. The statement shall be executed under penalty of perjury.
5.45.190 Exemption.
This Chapter shall not apply to any Mobile Home Park conversion resulting from an adjudication
of bankruptcy, wherein such action precludes the provision of relocation assistance.
SECTION 2. A summary of this ordinance, together with the names of Council
members voting for and against, shall be published at least five (5) days prior to its final passage,
in The Tribune, a newspaper published and circulated in this City. This ordinance shall go into
effect at the expiration of thirty (30) days after its final passage.
INTRODUCED on the 7th day of July 2009, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the day of 2009, on the
following vote:
AYES:
NOES:
ABSENT:
Mayor David F. Romero
ATTEST:
Elaina Cano
Acting City Clerk
APPROVED AS TO FORM:
Jo P. Lowell
City Attorney
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i I
TO: San Luis Obispo City Council
FROM: Letty Cotta, President of Laguna Lake Homeowners Association
I have printed and reviewed the revised copy of the Mobilehome Conversion Ordinance.
We strongly supported your decision to request changes to the Ordinance as originally
presented. Defining the status of Mobilehome residents and clarification of units in
different types of parks was necessary. The new language and the inclusion of your
discussions makes all changes clearly understood. Christine has done an incredible job
and has been given time and support by City Attorney, Jonathan Lowell. We will be at
the meeting on July 7. Thank you for helping those of us enjoying life in beautiful San
Luis by residing in safe and affordable mobilehome parks..
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