HomeMy WebLinkAbout05/05/2009, PH6 - CONSIDERATION OF NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND INTRODUCTION OF AN ORDINANCE REGU i
council
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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 AN
ORDINANCE REGULATING THE CLOSURE OR CONVERSION TO
OTHER USES OF MOBILE HOME PARKS WITHIN THE CITY
RECOMMENDATION
As recommended by the Planning Commission:
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
The proposed ordinance would constitute new Chapter 5.45 of the Municipal Code. The City's
Mobile Home Park Rent Stabilization Ordinance is codified at Chapter 5.44. 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, which could result in the loss of
significant affordable housing in the City.
Under the ordinance, an applicant for park closure/conversion would be required to retain a
"relocation specialist" to assist in gathering resident impact information and developing
proposals to mitigate identified impacts of a proposed closure/conversion. That information
would be consolidated by the applicant and the relocation specialist into a conversion impact
report, which would be provided to park residents and reviewed for adequacy by the City
Planning Commission at a noticed public hearing. The Planning Commission would have the
authority to condition its approval of the report on the applicant's performance of specified
mitigation measures designed to facilitate relocation of residents to other local housing
opportunities. The Planning Commission's decision to approve, conditionally approve, or reject
the conversion impact report would be subject to appeal to the City Council. No park closure or
conversion would be permitted in the City without the approval of the required conversion
impact report and verification of performance of related mitigation measures to assist residents
with the "reasonable costs of relocation,"as discussed in further detail below.
Planning staff has completed environmental review of the proposed ordinance and has issued a
Negative Declaration of Environmental Impact. Staff is requesting that Council adopt the
Negative Declaration, based on findings that there are no potentially significant environmental
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Mobile Home Conversion Ordinance Page 2
impacts associated with the adoption of the proposed ordinance, and introduce the proposed
ordinance for adoption.
DISCUSSION
Background
In summer 2006 the City Council directed the City Attorney's office to provide information upon
and recommend a possible mobile home park conversion ordinance. Since then, staff has
reviewed similar regulations in other communities, analyzed the law, and held several
community and small group meetings in San Luis Obispo which have been attended by both
mobile home residents and mobile home park owners.
The Planning Commission considered the draft ordinance at its meeting of March 11, 2009 and
recommended its adoption by the City Council.
Mobile Home Parks in San Luis Obispo
The City's rental mobile home parks represent about seven percent of the City's housing stock.
They contain over thirteen hundred units, and are home to a significant number of seniors, lower
or fixed income individuals and families, and disabled individuals. Owners of units in the City's
mobile home parks are uniquely situated in relation to other home owners because their homes
are located on land owned and controlled by another individual or corporate entity. Still, mobile
home owners have substantial investments in their units and the units are often not "mobile."
Similarly, renters in the City's mobile home parks have few equivalently priced housing
opportunities in the City.
Data compiled by Community Development Department staff as part of the City's Housing
Element update process provides some insight into why mobile home park residents desire
increased assurance that their homes will not be lost to a conversion or closure without some
level of assistance being made available to relocate their units or to find replacement housing.
According to data included in the Community Profile presented to the Planning Commission on
January 14, 2009 (derived from census data and the 2009 UCSB Economic Forecast, as well as
some City surveys), the median household income in the City in 2008 was $39,827. In 2008, 34
percent of household incomes in the City were less than $24,999. In contrast, the median sales
price in 2008 for homes in the City was $564,213, which actually represents a significant decline
from the preceding few years. Household income in the county between 2000 and 2008 increased
by 33 percent, whereas housing costs rose by 66 percent. Recent economic conditions have
impacted housing values to a certain degree, but the City has not seen a substantial drop in
housing prices compared to other parts of the county and state.
The average rental housing costs for one to three bedroom units in the City in 2008 ranged from
$745-$21430. By comparison, the rent controlled spaces in City mobile home parks (based on
information gathered via a recent telephone survey of park managers) range from a low of about
$230 per month to a high of about $800 per month (presumably representing the rental cost for
both a park owned mobile home unit and space rent). Even space rents for those few "market
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Mobile Home Conversion Ordinance Page 3
rate" units that are exempt from the City's rent stabilization ordinance represent the low end of
the range for three bedroom units and the middle of the range for two bedroom units that could
accommodate larger families at an average space rent of about $1,400 per month. Median rents
for rental housing in San Luis Obispo have not changed substantially despite declining economic
conditions.
The Community Profile also showed a significant reduction in the construction of new
multifamily units in the City between 1995 and 2008, resulting in the exacerbation of the City's
shortage of affordable housing. Additionally, the City has a low vacancy rate (3.45% for 2008),
which is an indicator that displaced mobile home park renters seeking housing in the City could
have difficulty in obtaining other rental housing within their price range. While the recent and
proposed construction of housing on the Cal Poly campus will make more rentals available in the
City, City rent prices are still high, especially for those seeking three bedroom units.
In light of this data, it is clear that mobile home parks represent one of the few single family
residence type living arrangements available to lower or fixed income City residents, particularly
as an ownership opportunity, but also as a rental option. Likewise, it is clear that replacement
housing in the City would be difficult, if not impossible, for low or fixed income residents to
obtain without assistance.
Current state law and several City housing policies recognize the unique role that mobile home
parks play as an important, and virtually irreplaceable, source of affordable housing. Housing
Element policies and state law also recognize the significant impacts the closure of a mobile
home park may have on residents or unit owners living in such parks. City policy expressly
encourages the continued operation of mobile home parks and discourages their closure or
conversion in a manner that displaces vulnerable residents and results in the loss of affordable
housing.
However, at both the state and local level, existing provisions lack specificity in identifying the
process that would be required of an owner applying for conversion or closure of a mobile home
park. The purpose of the proposed ordinance is to fill in the details and make clear the
requirements that are left ambiguous under existing state law and City policy, while
implementing General Plan policies relating to affordable housing, generally, and mobile home
parks,specifically.
Summary of Key Ordinance Provisions
It is in the above context that the City Council directed the City Attorney's office to draft a
conversion ordinance that would provide the greatest permissible level of protection to residents
of the City's existing mobile home parks. The key features of the proposed ordinance, as revised
to reflect Planning Commission and community input, are as follows:
1. Retain Qualified Relocation Specialist
A requirement that the applicant retain a qualified Relocation Specialist with knowledge
of local housing opportunities and programs to assist residents in locating and
coordinating a move to appropriate alternate housing.
Mobile Home.Conversion Ordinance Page 4
2. Conversion Questionnaire
Required distribution, via the Relocation Specialist, of a City approved pre-conversion
questionnaire to residents asking that the park residents provide information, such as
home value and relocation restrictions of the resident (e.g. disability or location
restrictions of housing in relation to employment, medical services, public transportation,
etc.) The purpose of the questionnaire is to gather information to assist the City in
understanding the impacts of a proposed conversion on the residents. The completed
questionnaires would be returned to the Relocation Specialist and information therein
would be disclosed only to parties who require such information to comply with the
requirements of the ordinance.
3. Mandatory Meeting
A mandatory meeting between the park owner and residents, facilitated by the relocation
specialist, to provide information regarding the closure or development proposal affecting
the park, to answer resident questions, and to discuss appropriate mitigation of relocation
impacts.
4. Conversion Impact Report
Preparation of a Conversion Impact Report by the applicant with the assistance of the
Relocation Specialist. The report is designed to provide City staff and decision makers
complete information necessary to evaluate the impacts of a proposed closure or
conversion on park residents and to detail the applicant's proposal for mitigating those
impacts. The Conversion Impact Report contains information related to the residents'
income and rental costs, a summary of comparable mobile home parks within a twenty
(20) mile radius of the affected park and a list of available spaces and/or units in those
parks. This report must be provided to the residents 15 days in advance of a City hearing
on the adequacy of the report.
5. Public Hearing before the Planning Commission
A required public hearing before the Planning Commission to consider the City's
approval of the Conversion Impact Report prior to the approval of any development
proposal or any other action resulting in a park closure or conversion to another use.
6. Relocation Assistance
Payment by the applicant of the reasonable costs of relocating displaced residents' homes .
or assisting the residents in finding appropriate alternate housing in the likely event that
relocation to another park is not possible. Several specific mitigation alternatives are
provided and guidance is included to address how the value of a home that cannot be
relocated is to be calculated (e.g., "on-site fair market value").
7. Exemption Procedure
Procedure for an applicant to apply to the City for a total or partial exemption from
relocation assistance obligations where these requirements would deprive the applicant of
substantially all reasonable economic value of the property.
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Existing Regulatory Context
1. State Law
The proposed ordinance arises in the context of existing state legislation regarding the operation,
conversion, closure and subdivision of mobile home parks. A basic understanding of that
existing statutory regulation is important to the consideration of the proposed ordinance and will
be reviewed briefly here.
a. The Ellis Act
The Ellis Act (Cal. Government Code § 7060 et seq.) permits a landlord to go out of
business. According to at least one appellate court decision that protection extends to
landlords that operate mobile home parks (Keh v. Walters (1997) 55 Cal.AppAth 1522,
1533). This means the City cannot mandate that a mobile home park remain a mobile home
park and cannot prevent the owner from closing or converting it to another use. However,
the Ellis Act is also clear that it does not"[a]lter in any way either Section 65863.7 relating to
the withdrawal of accommodations which comprise a mobile home park from rent or lease or
subdivision (f) of Section 798.56 of the Civil Code relating to a change of use of a mobile
home park," (Cal. Government Code § 7060.7 (f)). Thus, before a mobile home park owner
ceases or changes that use, the owner must comply with the requirements set forth in
Government Code section 65863.7 and Civil Code section 798.56, discussed below.
b. Planning&Zoning Law and Subdivision Map Act
The State Planning and Zoning Law (Cal. Government Code, § 65863.7), as well as the State
Subdivision Map Act (Cal. Government Code, § 66427.4, "Map Act") currently include
provisions regulating the conversion or closure of mobile home parks and providing for the
mitigation of the impacts of such actions on park residents. Both laws require the preparation
of an impact report to address the availability of adequate, alternate housing and distribution
of the report to all park residents in advance of any public hearings. The statutes also
establish the right to a hearing on the sufficiency of the report, upon request of an applicant
for conversion or any park resident. The language of the two laws differs in that the Planning
and Zoning law specifically requires the report to "...address the availability of adequate
replacement housing in mobile home parks and relocation costs." The statute also expressly
authorizes the City require the applicant to "...take steps to mitigate any adverse impact of
the conversion, closure, or cessation of use on the .ability of displaced mobile home park
residents to find adequate housing in a mobile home park[,]" provided that "[t]he steps
required to be taken to mitigate shall not exceed the reasonable costs of relocation."
The applicable provisions of the Map Act do not expressly require the report to address
relocation costs. The Map Act does, however, provide that "[t]his section establishes a
minimum standard for local regulation of conversions of mobile home parks into other uses
and shall not prevent a local agency from enacting more stringent measures." The slightly
differing language is likely an acknowledgement of cities' broader authorities under the Map
Act to condition projects sufficiently to address the particular impacts created by the project,
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Mobile Home Conversion Ordinance Page 6
in comparison to cities' ability to impose conditions on a non-subdivision project or where no
replacement project is proposed in connection with a closure.
c. Mobilehome Residency Law
In addition to the above requirements applicable to mobile home park conversions or
closures, all tenancies in mobile home parks, and the termination of such tenancies, are
governed by the Mobilehome Residency Law, Cal. Civil Code, §798, et seq. That law sets
forth in detail the regulations governing the landlord/tenant relationship in the mobile home
park context. For purposes of this evaluation, the most important provision of that law is
section 798.56 (Reasons for termination of tenancy; written notice; cure of default). That
section establishes that tenancy in a mobile home park may be terminated by reason of a
change of use of the park or any portion thereof and sets forth the requirements that must be
met by a park landlord prior to such a termination. Those requirements include: 1) 15 days'
written notice to residents that the management will be seeking City permits for a change of
use of the mobile home park; 2) six months' or more written notice to tenants, after approval
of required permits, of termination of tenancy; and 3) distribution of the conversion impact
report to residents at the same time as required notices. Where no governmental permits are
required, the statute requires 12 months or more notice prior to any change of use.
2. City Policy
In addition to state law governing the closure or conversion of mobile home parks, the City's
General Plan includes multiple policies establishing the preservation of affordable housing
within the City, and of mobile home parks in particular, as a local priority. Those provisions
are as follows:
a. General Plan Housing Element Policy 3.5.2
Discourage the removal or replacement of housing affordable to very-low, low- and moderate
income households by higher-cost housing, and avoid permit approvals, municipal actions or
public projects that remove or adversely impact such housing unless such actions are
necessary to achieve General Plan objectives and: (1) it can be demonstrated that
rehabilitation of lower-cost units at risk of replacement is financially or physically infeasible,
or (2) an equivalent number of new units comparable or better in affordability and amenities
to those being replaced is provided, or (3) the project will correct substandard, blighted or
unsafe housing and(4) replacement will not adversely affect a designated historic resource.
b. General Plan Housing Element Policy 3.6.2
When the City permits private development projects that displace affordable housing, it will
require the developer to assist displaced residents find affordable local replacement housing.
Such measures may include: first priority in purchasing or renting new affordable dwellings
to be developed on-site, assistance with relocation costs, or other financial measures.
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Mobile Home Conversion Ordinance Page 7
c. General Plan Housing Element Policy 3.15.2
Preserve 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.
Staff Policy Analysis
In light of the foregoing existing law and policy, the question may arise as to why additional
regulation is viewed as necessary. The answer is simply to implement state law and City policy,
to clarify expectations, and specifically to define in one place the process by which an application
for a project proposing a park closure or conversion would proceed through the City process. In
short, the goal of the ordinance is to flesh out the details and define a context in which to
evaluate a closure or conversion proposal. The hope is that park owners wishing to get out of the
mobile home park business and affected residents can move toward mutually acceptable
outcomes. Where mutual agreement cannot be reached and City intervention is necessary, the
ordinance defines the alternatives to be considered in ensuring that resident impacts are
adequately mitigated.
While state law clearly establishes a heightened level of protection against loss of housing for
mobile home park residents, the statutory language leaves several key issues in the
implementation of that protection vague. In reviewing numerous regulations from other
jurisdictions, staff focused on provisions that added specificity to three central components of the
existing state law: 1) the substance of the information required to be included in the statutorily
mandated Conversion Impact Report; 2) the uniform requirement and timing of the authorized
public hearing on the report, as well as the body designated to conduct that hearing; and 3)
definition of what constitutes the "reasonable costs of relocation" upon which approval of a
Conversion Impact Report may be conditioned and the specific costs and other factors that
should be considered in making the determination of reasonableness:
Staff also chose the model reflected in this proposed ordinance with the recognition that there
may be instances in which an agency's desire to mitigate impacts on park residents may pose an
undue burden upon park owners that could present a risk of a regulatory taking of an owner's
property. Accordingly, staff is recommending the inclusion of a defined process by which an
owner may request an exemption from the relocation obligations implemented by the ordinance.
Such an exemption would be available where the owner can demonstrate that compliance with
mitigation obligations would eliminate substantially all economic use or value of the property.
After revisions in response to very productive input from both residents and park owner
representatives, as well as specific direction from the Planning Commission, it is staff s
conclusion that the draft ordinance addresses and clarifies those issues in a manner that is
consistent with state law.
Of equal importance is that any ordinance adopted is consistent with and effectively implements
the General Plan policies discussed above. City policy clearly embodies the recognition that
mobile home parks represent an important component of the City's affordable housing stock. The
applicable language of the General Plan begins, as set forth in Housing Element policy 3.5.2,
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Mobile Home Conversion Ordinance Page 8
with the general premise that removal of affordable housing stock is to be discouraged unless
such removal is necessary to achieve other General Plan objectives. Such other objectives may
include, for instance, the redevelopment of a blighted area with a superior or higher density
housing project, which includes a high level of affordable units, or projects combining an
affordability component with superior energy efficiency or other amenities benefiting the
community.
Housing Element Policy 3.6.2 focuses a bit more precisely in specifying that "[w]hen the City
permits private development projects that displace affordable housing, it will require the
developer to assist displaced residents find affordable local replacement housing. Such measures
may include: first priority in purchasing or renting new affordable dwellings to be developed on-
site, assistance with relocation costs, or other financial measures." Staff interprets the City's
policy as a direct supplement to and clarification of the applicable state law at issue here.
Specifically, City policy makes explicit that the City will, in fact, avail itself of its state law
authority to require developers to provide assistance; that such assistance shall include help in
locating local replacement housing; and that there are multiple means of financial mitigation that
the applicant may propose or that the City may require as appropriate mitigation. The proposed
ordinance implements this policy and takes a further step in defining the types of assistance that
should be considered and may be required.
Finally, Housing Element Policy 3.15.2 includes very strong language specific to mobile
home/manufactured housing parks, requiring the City to "[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." Again, staff
believes the ordinance elaborates upon this policy and provides clearer direction as to the means
by which this policy may be fulfilled in this context.
Revisions in Response to Planning Commission Direction and Community Input
While feedback on the draft ordinance at the Planning Commission level was generally positive,
there were areas of concern expressed by members of the public and commissioners. The
Planning Commission provided direction to revise the draft to address certain of those concerns
and staff has made some further revisions in response to discussions with both residents and
owner representatives following the Planning Commission meeting. There was also feedback
from individual commissioners and park owner representatives that did not result in specific
direction, but raised some broader policy issues about which Council should be informed as it
considers this item. Those issues are highlighted below.
One of the major resident concerns with the original draft was the inclusion of provisions
requiring an applicant to provide information and pay relocation costs for available alternative
housing within a 50 mile radius from an affected park. While the expanded radius was intended
to provide information on a broader range of housing options for residents, the perception was
that the threshold could be used to force displaced residents into outlying areas outside the
county and at an untenable distance from City amenities, including employment, medical
services and public transportation. Thus, the Planning Commission directed the revision of the
alternative housing radius to 20 miles from an affected park and language has been included to
Mobile Home Conversion Ordinance Page 9
clarify that the resident and owner may mutually agree to relocation assistance at a greater
distance or a different geographical location.
Other revisions reflected in the current draft of the ordinance include:
1. Changes in wording to reflect that the retention of a qualified Relocation Specialist by a
conversion or closure applicant is mandatory, rather than subject to the discretion of the
Community Development Director;
2. Elaboration on the required qualifications of the Relocation Specialist selected;
3. Reordering of the ordinance provisions to clarify that the relocation specialist must be
retained at the beginning of the closure or conversion process and must be engaged in the
information gathering and impact report preparation stages of the process, as well as being
available to assist residents throughout the physical relocation process;
4. Addition of a resident and owner notification requirement, either prior to or concurrent with
distribution of the Pre-Conversion Questionnaire, to: advise affected owners and residents of the
intention to seek approval from the City of a park closure or conversion and the general nature of
the proposed action; advise that information will be sought from the affected owners and
residents to assist is determining appropriate relocation assistance; and to advise owners and
residents of their rights under the state Mobilehome Residency Law
5. Wording changes to reflect that the Pre-Conversion Questionnaire shall be distributed by and,
once completed, submitted back to the relocation specialist, rather than directly to the applicant.
Language was also added to clarify that the information provided in the questionnaires is to be
treated by all parties as confidential and disclosed only to the extent necessary to accomplish the
purpose of the ordinance.
6. Wording changes to further specify and expand upon the required content of the Pre-
Conversion Questionnaires and the Conversion Impact Report. Certain information previously
required to be provided in the Conversion Impact Report by the applicant, including purchase
price of the park and appraisal value of the park, have been moved to the exemption application
section of the ordinance. That change was in response to park owner input suggesting that the
information was not relevant to the consideration of the appropriate level of assistance to be
provided by applicants to residents and owners, but rather pertains only to the owner's ability to
make reasonable economic use of his property. Staff agrees that such information becomes
relevant only where a park owner requests an exemption to required relocation assistance.
7. Wording changes to clarify that in place fair market value appraisal and unit relocation cost
information is not required for mobile home units that are owned by the applicant.
8. Addition of language to clarify that a homeowner would not be entitled to receive both the
on-site fair market value and the outstanding mortgage value of a mobile home in the event that
the home had to be forfeited because of an inability to relocate the unit. The language is not
intended to establish that either is the appropriate measure in a given circumstance, but rather to
Mobile Home Conversion Ordinance Page 10
establish that determination of an appropriate forfeiture amount may be based on consideration
of one or both, but not payment of both.
Further Policy Issues
Throughout the course of drafting and revising the ordinance, staff has received a great deal of
community feedback from both park residents and park owners, as well as Planning Commission,
that has resulted in productive changes to the ordinance to arrive at the form Council is now
considering. In addition to the input and commission direction that actually produced changes to
the draft, there has been some consistent feedback that may be appropriate for Council to
consider. While the feedback may result in Council direction to amend the draft ordinance, the
comments received are in the nature of broader policy considerations that staff did not feel
should be incorporated into a draft without discussion and by direction from the Council.
One fundamental issue raised at the Planning Commission was whether there should be
difference in application of the ordinance among City mobile home parks, given the broad
variation in age, nature, condition, size, location and zoning designation of the City parks. In
fact, there is some support in existing City policy that the City considers certain parks well
situated for redevelopment due to their ages and locations within City planning areas. For
instance, the Village park was "upzoned" as part of the City's Mid-Higuera Enhancement Plan
on the assumption that the park, along with the Mathews Trailer Park, could be redeveloped with
higher a higher density project with strong affordability components. However, the Planning
Commission rejected the contention that the owners of such parks should be subject to lesser
requirements with regard to relocation assistance and declined to give staff direction to that
effect. Staff has made no further revision to the ordinance in this vein, but expects that this
discussion will continue at Council level.
While staff believes that there may be a distinction between the City's various parks with regard
to redevelopment potential and desirability from a City perspective, it is unclear that there is a
nexus to the ordinance at issue here from a resident impact perspective. In other words, whether
the park is old or new, run down or well-maintained, small or large, the closure of the park nets
very similar impacts on the residents who live there. Staff has not identified an equitable way to
address the distinctions in parks in terns of the impacts on residents beyond the weighing of the
factors set forth in the current ordinance. One suggestion offered was that the ordinance could
incorporate some level of credit against inclusionary housing in-lieu fees for amounts paid by a
developer in relocation assistance. The latter is a policy decision within Council's purview, but
outside the immediate parameters of the proposed ordinance.
Another significant issue that has continued to generate comment to staff is whether the
ordinance should incorporate finite limits on assistance to be provided to renters of units in City
mobile home parks because they are differently situated from mobile home owners who have
significant investments in their homes. Similarly, there has been suggestion that there be limits
placed on the level of assistance to be afforded absentee owners for whom the mobile home is
not a primary residence. One suggestion put forward was that the relocation assistance available
to renters be limited to an amount not to exceed an amount equal to two months rent. The
proposed ordinance simply includes renter or absentee owner status as factors to be considered in
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Mobile Home Conversion Ordinance Page 11
determining the appropriate level of assistance to be provided on an individual basis. Because it
is incumbent upon the applicant proposing the conversion to propose the level of assistance to be
provided, it was staff's judgment that flexibility in formulating proposals based on individual
data gathered through the questionnaire process was prudent. However, if Council prefers an .
increased level of certainty to be defined in the draft ordinance, revisions along these lines can be
drafted.
Finally, there was some consensus at the Planning Commission level, although no direction
applicable to the draft ordinance, that the City's efforts would be better expended on facilitating
resident ownership of parks, as it did with the Chumash Village, rather than continuing in
attempts to achieve ownership security on rental property. At least one commissioner felt that
the type of regulation proposed here could have the unintended effect of diminishing the long
term mobile home park living opportunities available for City residents by discouraging park
operation. There was some discussion as to whether a resident "first right of refusal" provision
could be incorporated to permit residents the first opportunity to buy a park before a park owner
could close or redevelop it to another use. The statutory authority pursuant to which this
ordinance is drafted does not expressly authorize such a provision and there are a variety of
feasibility hurdles that would make it difficult, at best, for many resident groups to exercise such
a right. Moreover, staff has some concerns about the timing implications of such a provision on
the processing timeframes associated with development applications. However, if Council
wishes to include such a provision,the matter can be further researched.
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.
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 the proposed
ordinance appropriately implements state law and General Plan policy, staff requests 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 significant
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Mobile Home Conversion Ordinance Page 12
revision is warranted, staff would request direction from the Council in order to return a revised
ordinance for further 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.
ATTACHMENT
1. Vicinity Map
2. Initial Study and Negative Declaration
3. Ordinance
T:Wttomey\MHP conversion Ordinance\City Council MtgTinal Agenda\CAR.MHPConversionOrd.2009.5.5-Draft 2.dot
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E F G H I J K L M N O P
Attachment 2
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 1 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2007
Pk& -/�
Attachment 2
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
Systems
Cultural Resources Noise Mandatory Findings of
Si ' cance
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)).
CITY OF SAN LUIS Osispo 2 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2008
� 6-IS
Attachment 2
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.
9-
Signat&6 Date
Doug Davidson.Deputy Director of Community Development For:John Mandeville,
Printed Name Community Development Director
CITY OF SAN LUIS OBISPO 3 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2008
-PI46 -l6
-�Attach�ent 2
EVALUATION OF ENVIRONMENTAL IMPACTS:
I. 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.
CITY OF SAN LUIS OBISPO 4 INITIAL STuOy ENVIRONMENTAL CHECKLIST 2/(008
'r 2
b —� 7
Attachment 2
Issues, Discussion and Supporting Intormation Sources Sources Potentially Potentially Less Than No
Significant Significant Significant Impact
ER # 147-08, Mobilehome Park Conversion Ordinance Issues unless Impact
Mitigation
Inco orated
1.AESTHETICS. Would theproject:
a) Have a substantial adverse effect on a scenic vista? X
b) Substantially damage scenic resources,including;but not limited X
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) Conflict 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
CITY OF SAN Luis OaisPo 5 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2007
we _r 8'
Amin
Uachr 2
Issues, Discussion and Supporting Inrormation Sources Sources Potentially Potentially Less Than No
Significant Significant Significant Impact
ER # 147-08, Mobilehome Park Conversion Ordinance Issues unless Impact
Mitigation
Inco orated
3. AIRQUALITY. Would theproject:
a) Violate any air quality standard or contribute substantially 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 criteria X
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 ozone precursors)?
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 Gauze 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 defined in Section 404 of the Clean Water Act
(including, but not limited to, marshes, vernal pools, etc.)
through direct removal, filling, hydrological interruption, or
other means?
CITY OF SAN LUIS OBISPO 6 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2008
lob/ 4-19
MacI
ult �L
Issues, Discussion and Supporting Inrormation Sources Sources Potentially - Potentially Less Than No
Significant Significant Significant Impact
ER # 147-08, Mobilehome Park Conversion Ordinance Issues unless Impact
Mitigation
Incorporated
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 roject:
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.
�i CITY OF SAN LUIS OBISPo 7 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2008
00146-C�o
Attachment 2
Issues, Discussion and Supporting IrlTormation Sources Sources Potentially Potentially Less Than No
Significant Significant Significant Impact
ER # 147-08, Mobilehome Park Conversion Ordinance Issues unless Impact
Mitigation
Incorporated
7. GEOLOGY AND SOILS. Would the project:
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?
H. Strong seismic ground shaking? X
III. 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
hazardousmaterials, 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?
g) Impair implementation of, or physically interfere with, the X
adopted emergency response plan or emergency evacuation
_plan?
CITY OF SAN LUIS OBISPO 8 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2008
W6_J�
Attachment 2
Issues, Discussion and Supporting InTormation Sources Potentially ' Potentially Less Than No
Mitigation
sources Potentially
Significant Significant Significant hnpact
ER # 147-08, Mobilehome Park Conversion Ordinance Issues Unless Impact
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? —7
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 the project:
a) Violate any water quality standards or waste discharge 6, 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 rateof 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 on X
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, X
temperature,dissolved oxygen,or turbidity?
Evaluation
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
CITY OF SAN Luis OBISPO 9 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2008
attamment L
Issues, Discussion and Supporting Inrormation Sources Souses Potentially Potentially Less Than No
Significant Significant Significant impact
Issues Unless Impact
ER # 147-08, Mobilehome Park Conversion Ordinance Mitigation
Inca orated
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 project.
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 groundborne X
vibration or groundbotne 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 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 10 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2008
Attacnment L
Issues, Discussion and Supporting Inrormation Sources sources Potentially Potentially Less Than No
Significant Significant Significant Impact
Issues Unless Impact
ER # 147-08, Mobilehome Park Conversion Ordinance Mitigation
Inco mated
12. POPULATION AND HOUSING. Would theproject:
a) Induce substantial population growth in an area, either directly 1 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? }{
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 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 Oaispo 1 l INITIAL STuOy ENVIRONMENTAL CHECKLIST 2008
P�
Attamment L
Issues, Discussion and Supporting Inrormation Sources Sources Potentially —Potentially Less Than No
Significant Significant Significant Impact
ER # 147-08, Mobilehome Park Conversion Ordinance Issues Unless Impact
Mitigation
Inco orated
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. TRANSPORTATIONITRAFFIC. Would theproject:
a) Cause an 'increase in traffic which is substantial in relation to the 3, 13, X
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 designatedroads 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 policiesi 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.
�� CITY OF SAN LUIS OBISPO 12 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2008
Attamment z
Issues, Discussion and Supporting Inrormation Sources sources Potentially Potentially Less Than No
Significant Significant Significant Impact
ER # 147-08, Mobilehome Park Conversion Ordinance Issues unless Impact
Mitigation
Inco rated
16.UTILITIES AND SERVICE SYSTEMS. Would theproject:
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?
f) 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
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.
CITY OF SAN Luis OBiSPO 13 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2008
PN6-a47
Attachment L
Issues, Discussion and Supporting Information Sources Sources Potentially -Potentially Less Than No
Significant Significant Significant Impact
ER # 147-08, Mobilehome Park Conversion Ordinance Issues unless Impact
Mitigation
Inco orated
c) Does the project have environmental effects, which will cause _F 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 document and the extent to which they address site-specific
conditions of the project.
N/A
19. SOURCE REFERENCES.
1. I 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,Aril 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/
11. 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
22. Flood Insurance Rate Ma (Community Panel 0603100005 C dated July 7, 1981
23. San Luis Obispo County ort Land Use Plan
24. 2001 Uniform Building Code
CITY OF SAN LUIS OBISPO 14 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2008
Pit&-a-7
Attac=ent L
Issues, Discussion and Supporting Inrormation Sources Sources Potentially —Potentially Less Than No
Significant Significant Significant Impact
Issues Unless Impact
ER # 147-08, Mobilehome Park Conversion Ordinance Mitigation
Inco orated
Attachments:
1. Draft Mobilehome Park Conversion Ordinance
CITY OF SAN LUIS OBISPO is INITIAL STUDY ENVIRONMENTAL CHECKLIST ZOOS
PAL a8'
ATTACHMENT 3
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 desires to ensure that residents of mobile home parks who are
displaced by park closures or conversions are provided relocation assistance to the greatest extent
permissible;
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 the San Luis Obispo Municipal Code, to read as follows:
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
PP6 -a9
ATTACHMENT
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.
B. "Affected mobile home owners and residents" means absentee owners, resident owners
and resident tenants whose mobile home will be displaced by the conversion of a mobile
home park.
C. "Applicant" means a mobile home park owner 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 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. "mobile home" means a "mobile home" as such term is defined in the Mobilehome
Residency Law. "mobile home" also means camping trailers, motor homes, slide-in
Ply 6-30
ATTACHMENT 3
campers and travel trailers when used as the occupant's primary place of residence as
established by nine months continuous residency.
K. "mobile home improvements" means carports, earthquake bracing, landscaping, new
roofs, patios, porches and similar amenities and major repairs.
L. "mobile home park" means a "mobile home park" as such term is defined in the
Mobilehome Residency Law.
M. "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.
N. "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.
O. "Resident owner" means a person who owns a mobile home in a mobile home park and
resides at such mobile home.
P. "Resident tenant" means a person who rents or leases a mobile home in a mobile home
park and resides at such mobile home.
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 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
Pig 6- 31
ATTACHMENT O
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 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 to assist 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.
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
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 rents the mobile home unit and whether the individual owns other mobile home
units within the park.
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.
ATTACHMENT 5
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.
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 discloure 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.
P+4 6 -33
°XTACHMENT 3
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.
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
FTI
ATTACHMENT3
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 paragraph"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.
f4� -3�
ATTACHMENT 3
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
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 paragraph"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 paragraph"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
PN 6 -36
ATTACHMENT 3
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 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 paragraph "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:
1. The expense of relocating the mobile home to a comparable 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. 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; and (ii) any outstanding mortgage obligation of the owner,
provided that an owner shall not be entitled to payment for both fair market value
and outstanding mortgage obligation. "Fair market value" shall be determined
assuming the continuation of the mobile home park in a safe, sanitary and well-
maintained condition.
TOrLI, -37
.ATTACHMENT 3
3. The expense of assumingtenancy in a comparable mobile home park. 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) differential between rental rates at the mobile home park
being converted and the replacement mobile home park during the first year of
relocation; and (iv) if necessary, the cost of purchasing an equivalent mobile home
in the replacement mobile home park.
4. The expense of assumin tenancy enancv in comparable housing. 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)
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. 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:
PH 6 3t
_.ATTACHMENT 3
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 subsection (c)(1) 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
-ATT
ACHg
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 subsection(c)(2) 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 Applicants.
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.
4'14 ��o
ATTACHMENT
,3
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.
ATTACHMENT 3
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.
Ob
-n 6-4�a
e_
ATTACHMENT 3
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 5th day of May 2009, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the day of 200_, on the
following vote:
AYES:
NOES:
ABSENT:
Mayor David F. Romero
ATTEST:.
Audrey Hooper
City Clerk
APPROVED AS TO FORM:
an P. Lowell
City Attorney
T:\Attorney\MHP conversion Ordinance\City Council Mtg\Ordinance.2009.5.5.doc
PFf6-�
V
City of San Luis Obispo Mvbilehome Park Conversion Ordinance �5�O
Planning Commission Draft FAYVI (:� ,CO C--
P0 ke?
/0,Ce?✓/CQ —
CHAPTER 5.45
MOBILEHOME PARK CONVERSION
OF Nu
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,,'ihe City will require a
developer to assist displaced residents to find affordable housing when affordable
housing is removed and Housing Element Policy 3.15:7encourages the preservation of
manufactured housing parks and authorizes City support,of changes.,in tenure only if
changes provide specified benefits to park residents.'`'While the'"City, is desirous of
preserving mobilehome parks,there is.a clear distinction,between parks'designed for and
actually accommodating manufactured homes— and travel .trailer narks.:that are in
transition to other uses and/or would accommodaie'additional'housing units. It is not the
intention of this Chapter to encompass travel trailer parks as described below. This
Chapter, which shall be known and'in .,be cited as the"San Luis Obispo Mobilehome
Park Conversion Ordinance", implements General Plan policies related to affordable
housing and mobilehome parks specifically.^-,.;,`-,,11
Definitions. For the,purposes of this 'Cha[pter, unless the context clearly requires
otherwise,the following definitions shall apply:
A. "Absentee owner"means`a person who owns a mobilehome in a mobilehome park
and does not reside at'si ch mobilehome.
B. ;'Afected mobilehome owners,and residents" means absentee owners, resident
owners and resident tenants whose mobilehome will be displaced by the
conversion of a mobilehome park.
C. "Applicant" means,'a mobilehome park owner who proposes to perform a
mobilehome 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 park to be
converted that is equivalent (or better) in terms of amenities, condition, location,
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price and size (floor area and number of bedrooms) to the mobilehome to which
comparison is being made.
G. "Comparable mobilehome park" means a mobilehome 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 mobilehome park to which
comparison is being made.
H. "Conversion impact report" means a report, meeting��rpquirements of this
Chapter, describing (i)the impacts of a mobilehome`pazk conversion on affected
mobilehome owners and residents; and (ii) the,4easure\that will be taken to
mitigate adverse impacts of such conversion on affffected`mobilehome owners and
residents..
I. "Director"means the Community Develop�Director of the City.
J. "Mobilehome"means a"mobilehome"ass h term'�isefined in the Mobilehome
Residency Law. "Mobilehome"also means camping trailers, motor homes,slide-
in campers and travel trailers hen used as the occupant's primary place of
residence as established by nine mont�h'ss-con\tinuous residency.
K. Mobilehome improvements' means//carports, ea,,riquake bracing, landscaping,
new roofs,patiio�oslpo hes and similar amenitie�and major repairs.
L. "Mobilehome phrk means a "mobi\�me park as such term is defined in the
Mobilehome Resi�ency Lw-except
tthhat it shall not include travel trailer parks as
defined-.below. \
M. `Mobilehome ark`conve�ron�means(t)the conversion of a mobilehome park or
any\part thereof'to anotheryuse; (ii) the closure of mobilehome park or any part
thereof;and(iii)the cessation of use of land as mobilehome park.
N. "Mobil\a Resiucy Law"means California Civil Code Section 798 et seq. as.
such statute exist§at the time of enactment of this Chapter or is subsequently
amended. !\//
O. "Resident owner'means a person who owns a mobilehome in a mobilehome park
and resides at such mobilehome.
P_P 'Resident tenant" means a person who rents or leases a mobilehome in a- --- Formatted:.Bullets and Numbering
mobilehome park and resides at such mobilehome. It is recognized that the
position of a resident tenant is substantially the same as other tenants in the City
of San Luis Obispo who do not reside in mobile home parks.
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City of San Luis Obispo hi.,bilehome Park Conversion Ordina�tce
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1?-0. "Travel Trailer Parks" are those parks whose operation beean on or before
January 1, 1960, that are not currently zoned R-2, that lack community amenities
that are typical of traditional mobilehome parks(e.g.,pool or clubhouse), and that
a maiority of the mobilehomes located therein are occupied by resident tenants.
Conversion Impact Report Requirement. Unless a conversion impact report has been
approved by the City and a certificate of acceptance has been recorded, no mobilehome
park owner shall do any of the following:
A. Perform a mobilehome park conversion.
B. Display a sign announcing that the mobilehome'p�' is closing, may be closing or
has been closed. `
C. Display a sign announcing a new use for i mobilehome park property,"
D. Nothing in this section shall be interpreted td preo1Qe any notification to tenants
as may be required by State law, nor shall thi�Section preclude notification to
tenants that information is being_r uested inkanticipation of the filing of a
development application. "
Pre-Conversion Ouestionnaire.
A. Prior to filing(" a con�on impact riport for City approval, an Applicant shall
distribute–P4e'-conversion Questionna¢e to affected mobilehome owners and
residents. The aff'ectedfmobilehome owners and residents shall have no less than
thirty,days,from'the da e of certified mailing to complete the Pre-Conversion
guestionnaue
\, X
B `,The.Director shall:provide. standard Pre-Conversion Questionnaire for use by
Applicants. At a. inmimum, the Pre-conversion Questionnaire shall include
questions requesting the affected mobilehome owners and residents to provide
the foliowing information:
1. The purchase date and purchase price for the mobilehome.
2. The amount and terms of any outstanding mortgage obligation for the
mobilehome, including the name and mailing address of the lender.
3. Any mobilehome improvements that have been paid for by the
mobilehome owner or tenant and the costs of such improvements.
4. Any circumstances, including but not limited to job location or disability,
which restrict potential relocation areas.
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Mobilehome Park Conversion Ordinance
DRAFT
City of San Luis Obispo hwbilehome Park Conversion Ordina,ice
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5. 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. Completed Pre-Conversion Questionnaires shall be submitted to the Relocation
Specialist, shall be treated as confidential, and discloure of information provided
therein shall be limited to those individuals and uses necessary to accomplish the
purpose of this Chapter. `
D. Neither the completed Pre-Conversion Questionnaire`form nor any personal
information provided in response thereto shall'<be`consideredpublic 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"b oras may be
required by law.
R
iL \�
Relocation Specialist.
A. As deemed appropriate for preservationFof thepublic health, safety and welfare,
the Director shall require an Applicant to hire'a''uRelocation Specialist to assist in
the developmert#^gf a,\relocation plan for affected mobilehome owners and
residents anei�o find-alternate housing for affected mobilehome owners and
residents.* '������: '
B. ThMppficant shall hoose the Relocation Specialist with the Director's approval.
The'"D7rector's�approval shall be contingent verification of professional
/(qualifications�demonstratmg:,,ofamiliarity with the regions housing market
li� v '. �
o�gpetency in assisting residents to evaluate, select and secure placement in
replacement housing; ability to facilitate the moving of residents' personal
prope r\residentiall 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.
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 Applicant:
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Mobilehome Park Conversion Ordinance
DRAFT
City of San Luis Obispo Mhv6ilehome Park Conversion Ordinance
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I. Legal description of the mobilehome park.
2. The purchase price paid by the Applicant to acquire the mobilehome park.
3. Current sale value of the mobilehome park property as a mobilehome park
and as all other uses permitted by the zoning designation of the property,
as demonstrated by a professional appraisal Zi�em
cmple within the six
months preceding the application.
4. Description of any use proposed to replacehileehome park.
5. Any offers to sell or purchase the mobil a park, including offer dates.
6. Timetable for the proposed mobile'home park conversion
7. Number of spaces in the mobilehome*park d the current rental rate for
each space.
8. Name, mailing address disabili�sAof each resident owner
and resident tenant haviiiig ai"mobilehome inl& mobilehome park and
whether the mobilehome constitutes sua person's primary place of
residenc e:�__,I,
1
9. Name,aand mailing address of each,absentee owner having a mobilehome
in the mobi'lehom park. tr
10r'^ ame. and mailing address of each lender having an interest in a
v/^/\ mobil h6me in the,mobjlehome park.
I I- I Manufacture date,.size, length of occupancy and the appraised on-site fair
market valuejof each mobilehome as located in the subject mobilehome
park. "Fairjmarket value" shall be determined assuming the continuation
of'tbe mobilehome park in a safe, sanitary and well-maintained condition,-
In determining"fair market value."the appraisal shall not consider sales.of
mobilehomes located in parks that are not comparable to the subject
mobilehome park. 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.
12. Estimates from two moving companies, chosen by the Applicant with the
Director's approval, as to the cost of moving mobilehomes, relocatable
mobilehome improvements, and personal property. The estimates shall
include tear-down and set-up costs to establish the home in the new
page 5
Mobilehome Park Conversion Ordinance
DRAFT
City of San Luis Obispo h.,,ailehome Park Conversion Ordina..ce
City Council Draft
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.
13. 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 shalFinclude the anticipated
duration of the stay in the temporary lodging facility.
14. Itemization of available mobilehor4espaces- within comparable
mobilehome parks within a 20 mif'e..radius within'the county. Such
itemization shall indicate the rentk rate for each sp ce and whether the
owner of that mobilehome park`.has agrebd in writing to rept affected
mobilehome owners and residents that are displaced by tWmobilehome
park conversion.
15. Itemization of available comparable housing within a 20 mile radius
within the county Such'itemization shall indicate the the purchase price for
each equivalent (or better), mobilehome or cgndominium, as well as the
rental rate for each equtvalent:(or better) mobilehome, condominium or
apartment..,.."
16. Completed pre-conversion questionnaires.
17 Proposed measures folemitigate the adverse impacts of the mobilehome
c park conversion on affected mobilehome owners and residents.
'<18:, A copy of.any agreement reached with any resident or owner relating to
the1-1
purchase: or relocation of the resident/owner or the provision of
relocation assistance.
B. The Director may require an Applicant to include information in the conversion
impact report iii addition to that specified in paragraph"A"above.
Public Hearing Regarding Conversion Impact Report.
A. No less than ten (10)days prior to the first public hearing regarding the adequacy
of the Report, the Applicant shall conduct an informational meeting for the
residents of the mobilehome 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. The meeting
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Mobilehome Park Conversion Ordinance
DRAFT
City of San Luis Obispo h.Ailehome Park Conversion Ordina,,ce
City Council Draft
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 mobilehome owners
and residents.
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 paragraph,"B"below.
B. At least 30 days prior to the hearing date,the Directof shall perform the following
actions:
1. Mail a notice of.the public hearin and a copy of conversion impact report
to affected mobilehome owners and is to the owners'ofproperties
within a 300 foot radius of the plicant prroperty, and',to"each lender
having an interest in a mobilehome nAlehome park. The notice
shall contain a generaLexplanation ofItho matters to be considered by the
Commission. The copy.y'of the conversionApact report shall not include
on questionnaires,�i hich will .be considered
the completed pre-conWrsi
private information of each respon1hg.indivitlual and not subject to public
disclosure, but shall include the appra-a of the mobilehome owned or
resided in.tzy_that�particular notice recipient.
2. Inform the Applicant in writi g,of the provisions of Civil Code Section
798.56�rggarding�the_Applicartt's duty to notify affected mobilehome
owners and�restdents-oft proposed conversion. Such writing shall
—owners
the manner in which the Applicant shall verify that affected
mobilehome owner, sand residents have been notified of the proposed
conversion.0 \1//
3. otify the' Applicant that s/he shall be required to schedule and
info national
C. The Co issionshall 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 mobilehome
owners and residents have been notified of the proposed conversion pursuant to
Civil Code Section 798.56.
D. The Applicant shall pay all costs associated with providing notice, including any
publishing and postage expenses.
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Mobifehome Park Conversion Ordinance
DRAFT
City of San Luis Obispo h.obilehome Park Conversion Ordinwice
City Council Draft
Decision Rewarding Conversion Impact Report.
A. After the conclusion of the public hearing, the Commission shall adopt a
resolution 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 mobilehome
park conversion on affected mobilehome owners and residents. In considering the
reasonableness of any measure to be required hereunder,,—ke Commission shall
take into account whether a resident is a homeowner or a tenant in the
mobilehome unit whether the mobilehome is th1 es'dent's primary residence,
and the nature and duration of the tenancy in thetpark.
�y.
B. Subject to paragraph "C" below, the commission may impos conditions in
connection with its approval of a conversion impact report. Such,conditions may
include, but are not limited to, lump sum payments to affectedimobilehome
owners and residents to mitigate the follow�e(Cpenses as appropriate to each
particular absentee owner,�sident owner and resident tenant having a
mobilehome in the mobilehome ppark�
1. The expense of relocatin th iiiobilebome toac m arable mobilehome
park. The amount of such�ayment shall-be based upon consideration of
movingz�down and set-up costs. "Moving costs" include the cost of
moving the mobilehome and\the cost of moving associated relocatable
mobilehome improvements, neluding accessory structures such as
awn ings�porch�and.carportJir garages. "Set-up costs" include the cost
4`of-conneding
utili ies-at•thheeplacement mobilehome park and the cost of
an pgrades\rOuired to comply with applicable laws or park rules to
establish the home intl}e new location in substantially the same condition
as prior to�rel1ocatid
2. \The expense of forfeiting the mobilehome. The amount of such payment
shall\a based upon consideration of: (i) the on-site fair market value of
the\mobilehome and associated mobilehome improvements; and (ii) any
outstanding mortgage obligation of the owner, provided that an owner
shall not be entitled to payment for both fair market value and outstanding
mortgage obligation. "Fair market value" shall be determined assuming
the continuation of the mobilehome park in a safe, sanitary and well-
maintained condition.
3. The expense of assuming tenancy in a comparable mobilehome park. 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
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Mobilehome Park Conversion Ordinance
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City of San Luis Obispo h.,,oilehome.Park Conversion Ordina.,de
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replacement mobilehome park; (iii) differential between rental rates at the
mobilehome park being converted and the replacement mobilehome park
during the first year of relocation; and (iv) if necessary, the cost of
purchasing an equivalent mobilehome in the replacement mobilehome
park.
4. The expense of assumingtenancy enancy in comparable.housing. 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) differential between the rental rate at the
mobilehome park being converted and the reolacement housing during the
first year of relocation
5. The expense of purchasing coingaTable housing. The amount of such
payment shall be based upon consideration of: (i) moviecosts;°(ii) down
payment for the replacement housing; and`-,(iii) differential between the
rental rate at the mobilehome parkbeing converted andVthe mortgage
payment for the replacement housing during the first year of relocation.
6. Mitigation expenses to residentztenants. Airesident tenant shall receive.a
lump sum pavment to reduce't}6lffiyact of movine which sum shall not
exceed two months of the-resident tenant's=rent in the subject mobile home
"ell
park
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:mobilehome park conversion on affected mobilehome owners and
^residents.
v `\ t7:I•
I 1i nposing 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'ffie'reasonable costs of relocation in light of the circumstances of each
affected resident or owner.
Application for Exemption from Relocation Assistance Obligations.
A. Any Applicant for change of use of a mobilehome 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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City of San Luis Obispo Nmobilehome Park Conversion Ordina,tce
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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
mobilehome 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:
I. That provision for relocation assistance would eliminate substantially all
reasonable use or economic value of the propert�Such basis may only be
established if it is demonstrated that the irnpo' iition of such obligations
would eliminate the reasonable use or economic value of the property for
alternate uses, and that continued use bQtthe proRn as a mobilehome
park would eliminate substantially�al feasonable use•or e\nomic value of
the property for reasons not caused or contributed by\the,park owner or
Applicant. Xx
2. That a court of competent jurisdich .determined in connection with a
proceeding in bankruptcy that the closure or cessation of use of said
property as a mobilehome,park is necessIT\and that such court has taken
further action which wouldjroh bit or prequu& payment of relocation
assistance benefits, in whole or inart:., 1/
D. Any such applrc h n made pursuant to subgection (c)(1) shall contain, at a
minimum,the,f011owing information
1. Stateem\e�f /.-fit-and loss fri`om the operations of the mobilehome park
<for-the m�st recent fveyear period of the date of the application or
request;,xcertfied\by a certified public accountant. All such statements
shall be maintained_ -in as permitted by the California Public
Records AA ll//
2. A\statement to support the Applicant's assertion that continued use of the
property as.a mobilehome park necessitates repairs or improvements or
both, that'/e not the result of the park owner or Applicant's negligent
failure 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 mobilehome 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
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City of San Luis Obispo Nobilehome Park Conversion Ordinance
City Council Draft
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 mobilehome 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 t4e4neral contractor, the
director may procure services of another sucKIicensed general contractor
to provide such written analysis,and the co�sfhereof shall be billed to and
payment therefore shall be required froomm�th\�e Applicant.
3. The estimated total cost of relocation assistance whichwo Id otherwise be
required to be provided purs�ti o this chapter, which�sfialYbe based
upon documented surveys, included`with th\application, of the available
mobilehome spaces within 20 miles of'the mobilehome park, residents of
the park who are willing to relocate arid8bse who would elect to sell their
mobilehomes,and the alue of the mobile'homes in the park.
�\ �y
4. An estimate of the value of'the .mobilehopre park by a professional
appraiser, approved by the�D¢ect moi`t�e park were permitted to be
developed_#b\the change,,`of use proposed in the application for
redev6ppmenn4the park, and an estimate of the value of such park by
suc�i'appraiser it se of the
property as a mobilehome park is continued.
5. - Such of\rformation wRIR th Applicant believes to be pertinent, or
which may be,re)uired by the Director.
E. ``Any such appl cation filed suant to subsection (c)(2)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.
F Exemption for Travel Trailer Parks. The following items shall be required of the
mobilehome` park property owner to qualify for the exemption from. all
requirements of this Chanter:
1. That the property was being operated as a trailer nark on January 1. 1960
(including photographic evidence);
2. That at the time of passage of.this Chapter the property was not zoned R-2
3. That property lacks community amenities typical for a mobilehome park;
and
page I
Mobilehome Park Conversion Ordinance
DRAFT
r
• City of San Luis Obispo M.,bilehome Park Conversion Ordinance
City Council Draft
4. 4—. That at the time of application a majority of the coaches located in the- -- Formatted:Bullets and Numbering
park are rented to tenants rather than spaces in the park being rented to owners
of coaches.
City approval of the foregoing exemption shall not remove thei2rooerty owner's
obligation to comply with any requirement imposed by state law including but not
limited to Government Code 6 65863.7.
Certificate of Acceptance. Upon City approval of a conversion,impact report, the
Applicant shall record a certificate of acceptance on the title_ of the mobilehome park
property. City approval of a conversion impact report shall notvbe 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"Applicants,
Performance of Mitieation Measures The Applicant shall fully perforw,*e�mitigation
measures set forth in, and the conditions imposed in connection with, the approved .
conversion impact report and such performance sfiall'also be'a condition of approval of
any concurrent or subsequent development application proposing an alternate or
replacement use of the mobilehome park property. No affected mobilehome owner or
resident shall be required to vacate a`mobilehome space unless the Applicant has
performed all mitigation measures and conditions ofapprovalapplicable to such owner or
resident and such perf�orm�ance has been vertf ed by the Director:
Modification of Conveys" " ion Cmpact Report. `< ✓y
A. The Commis\may) upon request of Applicant and after holding a public
\- —�
hearing;modify a provisions of an approved conversion impact report. A
modiMa-tion may be a'roved where the Commission finds that there has been a
/change in ctrcuinstances\Iorothere is new information that could not have
Ger asonably been known oijconsidered at the time of the original hearing on
approval of the conversion impact report.
B. The C\'ssion�may impose additional conditions as deemed necessary to
mitigate anyNadverse impacts resulting from a modification of an approved
conversion iempaact 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 mobilehome 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.
i
page 12
Mobilehome Park Conversion Ordinance
DRAFT
City of San Luis Obispo Mobilehome Park Conversion Ordinahice
City Council Draft
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 Applicadd after holding a public
/r
hearing, extend the term of an approved converon impact report. An extension
may be granted where the Commission finds that expratron of the conversion
impact report would constitute an undue eecccoonomic hardship to�he Applicant.
C. The Commission may impose additional' conditions as deemed-necessary to
mitigate any adverse impacts resulting froman exteegsion. The Cor�tmission may
grant multiple extensions of an approved conversion impact report but no single
extension shall have a duration in excess of oneyear.
D. Upon City approval of an extenst�'an approved con ' ion impact report with
additional conditions, the Applicant stied recon a certificate of acceptance on the
title of the mobilehome park propeM!?City approval of an extension of an
approved conversion impact report`shall not be effective until proof of recordation
/111 eof a certificate acceptance has beekdelivered to the Director.
Nullification of Impact•'RReeno_rt1 �A
A. T;kte'Coior\\y, aRRon request of the Director and after holding a public
/(hearing, order�ar>\appro)%V d/conversion impact report null and void. No
nul fication shall be ordered unless the Commission makes either of the
follow\�fmdings:�1
1. Approvaal the conversion impact report was obtained fraudulently.
2. The App t 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 mobilehome park conversion until a new conversion impact report
is approved in accordance with this Chapter.
page 13
Mobilehome Park Conversion Ordinance
DRAFT
City of San Luis Obispo Ivivbilehome Park Conversion Ordina�ice
City Council Draft
Right of First Refusal. An Applicant shall afford affected mobilehome 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 mobilehome park proposed to be converted.
Anneal. Any Commission decision pursuant to this Chapter may be appealed to the City
Council in accordance with Chapter 1.20 of this Code.
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�s,�iricurred in processing and
reviewing the Applicant's conversion impact report. _ \\
Building Permits. No building permit shall beAssssuue�d for conver\sii*o\n o mobilehome
park property until the Applicant has filed with thINDw
irector a nttbn�statement
confirming full performance of the mitigationon measur%es Nfols;rth in, and the conditions
iP
imposed in connection with,the approved conversion 1M.act report. Such statement shall
specify in itemized form the name of,each affected mobilehome owner and resident and
the date and type of relocation assistance provided to suc person. The statement shall be
executed under penalty of perjury.
Exemntion. This Chapter_shall not apply`to any mobilehome park conversion resulting
from an adjudication of bankruptcy, wherein such action precludes the provision of
relocation assistance..'
r
page 14
Mobilehome Park Conversion Ordinance
DRAFT
GOOD EVENING, MY NAME IS LETTY COTTA AND I AM THE PRESIDENT OF
THE HOMEOWNER'S ASSOCIATION FOR LAGUNA LAKE MOBILE HOME
ESTATES. WE HAVE 290 HOUSEHOLDS IN THE PARK. MOST ARE MODULAR,
NOT MOBILE. RESIDENTS OWN THEIR HOMES BUT NOT THE PROPERTY ON
WHICH THEY SIT. LAGUNA LAKE IS OWNED BY EQUITY LIFESTYLES
PROPERTIES, A CORPORATION BASED IN CHICAGO. THEY HAVE A VARIETY
OF REAL ESTATE HOLDINGS; AMONG THEM ARE A LARGE NUMBER OF
MOBILE HOME AND RV PARKS. THE CEO OF THE COMPANY IS SAM ZELL.
YOU MAY KNOW THAT NAME. IN BUSINESS IT IS SAID HE IS RUTHLESS.
UNFORTUNATELY FOR THE RESIDENTS... HIS COMPANY'S OWNERSHIP OF
LAGUNA LAKE HAS RESULTED IN A DECLINE IN THE INFRASTRUCTURE AND
GENERAL SAFETY OF OUR PARK.
OUR HOA IS NOT LIKE MANY CO-OP OR CONDOMINIUM ASSOCIATIONS
WHO ARE RESPONISBLE FOR THE MANAGEMENT AND MAINTENANCE OF
THEIR COMMUNITY. OURS IS PRESENTLY ORGANIZED TO BE A CONDUIT
FOR GENERAL INFORMATION REGARDING PARK RESIDENTS AND
ESPECIALLY TO ASSURE THAT MATTERS OF HEALTH AND SAFETY ARE
ADDRESSED BY THE PARK OWNERS. WHEN RESIDENTS REQUEST REPAIRS
OF THE STREETS AND PUBLIC AREAS OR ASK THAT NEEDED MAINTENANCE
BE DONE WE ARE MANY TIMES TOLD THE MONEY IS NOT IN THE OWNER'S
BUDGET. IN ADDITION TO THE DISREGARD SHOWN BY EQUITY LIFESTYLES
FOR THINGS LIKE MAINTENANCE WE ARE OFTEN SUBJECTED TO THREATS
DESIGNED TO INTIMIDATE US. IN THE LETTER SENT TO EACH
HOUSEHOLD BY REGIONAL VICE-PRESIDENT, DAN PERLIS, REGARDING
THEIR ANNUAL RENT INCREASE THERE WAS INFORMATION ON LITIGATION
BETWEEN EQUITY LIFELIFESTYLES AND THE CITY OF SAN RAFAEL. IN
REFERENCE TO THE SAN RAFAEL CASE MR. PERLIS WROTE THE
FOLLOWING AND I QUOTE, "YOU SHOULD BE ADVISED THAT IT IS ELS'
BELIEF THAT THE CITY OF SAN LUIS OBISPO'S RENT CONTROL ORDINANCE
HAS THE SAME CONSTITUTIONAL DEFICIENCISES AS THE COURT
CONCLUDED IN THE FINDINGS IN SAN RAFAEL."
i
HE WENT ON TO INFER THAT THEY WILL PURSUE CHANGES IN THEIR RENT
STRUCTURE.
I PRESENT THIS EXCERPT AS AN EXAMPLE OF THE ATTITUDE OUR OWNERS
HAVE TOWARD RESIDENTS OF LAGUNA LAKE MOBILE ESTATES. THAT TYPE
OF LANGUAGE IS OFTEN USED IN COMMUNICATIONS FROM ELS. IT
IIMPLIES THAT THERE IS ALWAYS A THREAT OF RENT CHANGES RESULTING
IN HIGHER RATES AND ENCOURAGING RESIDENTS TO SIGN LEASES WHICH
WOULD EXEMPT HOUSEHOLDS FROM RENT PROTECTION. THAT ALONG
WITH THEIR DISREGARD FOR THE MAINTENANCE AND SAFETY OF THEIR
PROPERTY CAUSES US TO ASK FOR YOUR ASSISTANCE. WE DO NOT HAVE
THE RESOURCES OR SKILLS TO ASSURE OUR PARK REMAINS AFFORDABLE
AND NOT SUBJECT TO CLOSURE OR CONVERSION.
FOR THE PAST 3 TO 4 YEARS MEMBERS OF OUR COMMUNITY HAVE
FOLLOWED THE PROGRESS OF THE COUNTY'S CONVERSION ORDINANCE.
WE STRONGLY SUPPORT THE MOBILEHOME CONVERSION ORDINANCE
PRESENTED BY THE STAFF OF THE CITY ATTORNEY'S OFFICE THIS
EVENING. IT IS WELL-WRITTEN IN LANGUAGE THAT MEETS LEGAL
CONCERNS BUT IS ABLE TO BE UNDERSTOOD BY THE GENERAL PUBLIC.
WE COMMEND CHRISTINE DIETRICK FOR DRAFTING THIS ORDINANCE THAT
PROTECTS MOBILE HOME RESIDENTS BUT ALLOWS PARK OWNERS
FLEXIABILITY IN CONTROLLING THEIR PROPERTY. THE HOMEOWNERS OF
LAGUNA LAKE AS WELL AS THE OTHER MOBILE HOME COMMUNITIES IN
SAN LUIS OBISPO NEED YOUR SUPPORT. OUR'S IS A UNIQUE SITUATION.
UP UNTIL TONIGHT THERE HAS BEEN NO PROTECTION FOR CURRENT OR
FUTURE RESIDENTS OF MOBILE HOME PARKS. WE ASK YOU ADOPT THIS
CONVERSION ORDINANCE WHICH WOULD GIVE US THE PEACE OF MIND WE
BADLY NEED.
May 5 City Council Meeting As president of the Laguna Lake Mobile Estates cd- 11�S
chapter of the Golden State Mobilehome Owners League (GSMOL), I represent
the residents who live on 290 spaces at the park, upwards of 450 individuals. The
proposed mobilehome conversion ordinance is a well-written document,
patterned after the Seal Beach model, which has withstood the test of time. The
changes and additions, made since the Planning Commission hearing in March,
are well done and provide a much stronger document for your consideration
tonight. I appreciate the dedicated effort that went into writing the proposed
ordinance, and our thanks go to Attorney Dietrick and her staff. The ordinance is
critical to residents of Laguna Lake, but particularly to the 279 senior citizens who
need affordable housing. If these homes were not available to them, it would be
difficult, if not impossible,to exist as independent seniors. In one way or another,
this is true for everyone who lives in the space rental MHPs throughout the City.
The thought of conversion is devastating.The value of this proposed ordinance is clear. It
represents a responsible effort to address the process of conversion from the
viewpoints of all three participants: park owners, park residents, and the City of
San Luis Obispo. As expected, there are differences to iron out, particularly the
very real situation of a resident for whom there is no comparable housing within
the 20-mile radius, and for whom relocation outside that area is seriously
restrictive; the very real need for a negotiation professional should agreement on
a fair-market value for a mobilehome come to a stalemate; and the dubious value
of "first right of refusal' regarding resident ownership of the park or even
eventual condo purchase, it is probable that virtually,no one could afford the
owner's purchase price. This said,.it is my hope that you will approve this
proposed ordinance and move forward with its adoption as a new chapter in the
San Luis Obispo Municipal Code. Thank you. Joan Harper
1 {'�) PETER R.ANDRE(1918-2000)
` ANDRE, I-I.LZ v 1—11 V ED MICHAEL J.MORRIS
MORRIS JAMES c BUTTERY
& BUTTERY APR 2 7 7009 DENNIS D.LAW
J.TODD MIROLLA
A PROFESSIONAL LAW CORPORATION SCOTT W.WALL
SLO CITY CLERK KATHRYN M.EPPRIGHT
KEVIN D.MORRIS
WILLIAM V.DOUGLASS
JEAN A.ST.MARTIN
LISA LaBARBERA TOKE
MELISSA McGANN BABU
BETH A.MARINO
April 27, 2009 JULIE CASEY MARTINEZ
RYAN M.ARNOLD
KAREN GJERDRUM FOTHERGILL
COLLETTE A.HILL ER
2739 Santa Maria Way,71&d Flom
Via Golden State Overnig ht and Electronically Santa MenPosta,CCA 9A941430
34566-1430
Telephone 805.937.1400
J. Christine Dietrick
Facsimile 805.937.1444
Office of the City Attorney Post�Laurel
City of San Luis Obispo San Lois Obispo,CA 934x40730
990 Palm Street www.amblaw.com
San Luis Obispo, CA 93401
Re: Mobile Home Park Conversion
Dear Ms. Dietrick:
Please find attached a summary showing the differences between mobilehome parks and
travel trailer parks in the City of San Luis Obispo. It is our position that the City should
carefully consider the differences between these parks. As such the City Council should reject a
"one size fits all" approach in a Mobile Home Park Conversion Ordinance. Even more
specifically, there is no basis for over-protecting "renters" in either type of park by granting
them relocation payments out of touch with their limited interest.
I have previously provided you with suggested language changes to the ordinance. Also,
I am providing under separate cover the contact information for the travel trailer parks so that
you may confirm the accuracy of the information provided.
RED FILE Very truly yours,
MEETING AGENDA
DATF 140 0 ITEM # fµ6
J/ James C. Buttery
JCB/sf
Enclosures fL
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cc: John Hough u-eAeCiA pyrt, CAIN DIR
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AzsrCM ftz2r�IRE CHIEF
Julia Lanphar g.ATTORNEY E3 PW DIR
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Contact Verification—Mobile Home Parks:
Park Name Contact Person Phone
Creekside Mobilehome Pat, Manager (805) 543-7113
Community
Oceanaire Mobilehome Park Penny, Manager 805 543-5030
Laguna Lake Mobilehome Park Barbara or Judy, on-site (805 543-5500
managers
Rancho San Luis Mobilehome Joann Johnson, Manager (805) 543-3993
Park
Colonial Manor Mrs. Greenough 805 543-4530
Contact Verification—Travel Trailer Parks:
Park Name Contact Person Phone
Shady Lane Trailer Park Cal West Management; Ellie (805) 543-9119
Mana ement Co.
Mission Park Mark London, Managing (805) 473-0102
Partner
Village Mobilehome Park John Hough, Managing Partner 805 441-1511
Valle Vista Trailer Park Cayetano Moreno, Owner (805) 528-7557 or(805)
801-3101
Matthews Trailer Lodge Bill and Delores Wilson, (909) 595-3246
Owners
\NM BFILEIProla.DouWILPROOIIDoo1121025.doc -
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Besides pledging $50,000 to Section 4A of the Railroad Safety Trail, San
Luis Obispo Rotary also spear headed a community fundraising campaign as
its first official "Clean and Greca"project. l was honored to be asked by
President Roxanne Carr to head up the campaign to help fund the"Missing
Link" as Rotary fondly calls it.
We had a number of community sponors (read list) who donated the money
necessary to design and print brochures, mail them to homeowners-within a
half mile radius of the corner of Foothill and California, set up a website
with on line donation capacity, and advertise in print and on their websites.
Two teams of Cal Poly marketing students organized events to reach out to
students and their families for donations. We are happy to report that our
fund has received 141 donations to date, ranging from$5 to $20,000.
Our largest donation was made in honor of the late Dr. Cletsoway by his
wife and Cal Poly neighbor, Emily Cletsoway, who is in the audience
tonight We are extremely grateful for her donation and all donations large .+a,.
and small. (Also in the audience is Dotty Connor, wife of ong tt e
Rotarian, City Bicycle Advisory Member and Cal Poly faculty member who
was an early advocate for this trail)Rotary has requested by letter that, when
the time is appropriate, the City names the"Missing Link"the
Rotary/Conner/Cletsoway section of the Railroad Safety Bicycle Trail
We are also grateful to City staff, especially Peggy Mandeville, for
orchestrating all the planning and engineering work that has gone into this
trail and to the former City Council for agreeing to devote Traffic Impact
fees to this project. I am now honored to present-the City with a check in the
amount of$35,000 from students, neighbors, bicycle enthusiasts and people
throughout the county who enthusiastically support completion of the
"Missing Link."
TR/TV1*,4 6s?.7tvssae Upr 91:60 6002-90-AUW
• - -. Page 1 of 2
Hooper, Audrey
From: Hampian, Ken
Sent: Monday, April 27, 2009 4:39 PM
To: Hooper, Audrey
Subject: FW: "Missing Link" RRST Donation on 5/5/9
Attachments: City Council 5-6-8 rotarydonationrailroadsafetytrail4a.pdf
Should have copied you, too.
From: Hampian, Ken
Sent: Monday, April 27, 2009 4:38 PM
To: Walter, Jay; 'Jan Marx'
Cc: Ehrbar, Barbara
Subject: FW: "Missing Link" RRST Donation on 5/5/9
Jay, please review and follow-up on the letter requirement. In terms of the naming, I think that
perhaps the Rotary needs to send a written naming suggestion to the City (maybe it is something
they can provide the Council on the 5th?). The request would then be referred to staff for follow-up
on a formal agenda (because I believe that the Council will need to take the final "naming" action,
per our policies). Thanks much!
From: Jan Marx [mailto:janmarx@stanfordalumni.org]
Sent: Monday, April 27, 2009 4:20 PM
To: Hampian, Ken; rkhather@charter.net; Roxanne Carr
Cc: Mandeville, Peggy
Subject: "Missing Link" RRST Donation on 5/5/9
Hi Ken, Bob and Roxanne,
Thank you, Ken, for putting the Rotary donation on the May 5, 2,009 agendaat 7pm. By this email, I am
notifying our President Bob Hather and our Past President, Roxanne Carr, of this great news. Bob will have a
giant check on hand, as well as the smaller version one can cash. I will also present the City with a check from
the Community Fund raising effort in an amount of at least $35,000 on May 5. (Hopefully more people will
donate before that time. I will make an appeal at the 4/30 dedication)
There is one small preliminary step that needs to be taken as soon as possible, according to the attached
Donation Agreement, made just about one year ago. It says in pertinent part, "Donation to the city of$50,000
when the contractor, date and contract price for installation of the safety fencing is determined by the City and
communicated in writing to Donor" So, if a letter to that effect could be written and sent to Bob Hather, copy to
Roxanne Carr and to me, that would be great. Scanning it and sending it by email would be fine.
Rotary would like to get some clarity on how the City wishes to name the "Missing Link" section of the RBST.
We had at first talked about naming it the Rotary/Connor Section after the late Wes Connor, who was not only a
long time Rotary member, but also a City Bicycle Committee Member and Cal Poly Faculty Member.
However, at the time Mrs. Cletsoway donated $20,000 to the Missing Link Community Fund, she requested
that the section be named after her late husband, Dr. Cletsoway. Since the two men were bicycle friends, it
4/28/2009
Page 2 of 2
might make sense to name it the Rotary/Connor/Cletsoway Section. Rotary would like our logo to be displayed,
as well. .
Thank you and City staff for all the excellent work on this important bike trail.
All the best,
Jan
4/28/2009