HomeMy WebLinkAbout2001-05-14 Ordinance 4696ORDINANCE NO. 4696
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING TITLE 9 OF THE PALO ALTO MUNICIPAL CODE
TO ADD CHAPTER 9.76 RELATING TO MOBILEHOME PARK
CONVERSION
The Council of' the City of Palo Alto does ORDAIN as
follows:
SECTION 1. Title 9 of the Palo Alto Municipal Code is
hereby amended to add Chapter 9. 76 to read as follows:.
"9.76.010. Purpose' and Findings. ,_The mobilehome owners who
rent spaces for their homes in mobiienome parks make. a considerable
investment in purchasing, maintaining and improving their homes and
in maintaining the rented space for their homes. If a park ,closes'
or is converted to a new use, the mobilehome owners may lose their
homes and. the investment in them due to the high cost and risk of
injury involved in moving a mobilehome, the fact that improvements
to a home may not. be movable and th~ lack of vacant mobilehome,
spaces in parks within a reasonable distance from the closing park
that will accept relocating homes. In recognition of the unique
sltuation and vulnerability' of mobilehome owners, the State
Legislature' adopted the Mobilehome Residency Law, Civil Code
section 798, et seq., which protects them from eviction except for
specified and limited causes, and Government Code sections 65863.7
and 66427~4, which atithorize the City to require park owners who
want to close a park or' Convert it to anothE?r use to provide
reasonable 'relocation assistance' as a ,condition of closing and
converting~a park.
This chapter is adopted pursuant to Government Code
sections 65863.7 and 66427.4 and the City's police power to provide
a procedure and, standards' for assessing the' adverse impacts of a
mobilehome park cl'osure or conversion on the displaced mobilehome
owners residing in the park that is being closed and to determine
appropriate relocation assistance for those residents.
9.76.020. Definitions.
(a) "Comparable Mobilehome" means a' mobilehome that is'
similar in size, age, condition, number of bedrooms and amenities
to a' mobilehome that is being disp1aced py conversion' of a
mobilehome park.
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(b) "Comparable Mobilehome Park" means a mobilehome park
that is similar in condition, age, size and amenities to the park
that is being closed and is located within a community similar to
that in which the park that is being closed is located and has
similar access to community' ameni ties such as shopping, . medical
services, recr~ational facilities and ~ransportation.
(c) "Comparable housing" means housing in' an apartment
complex or condominium that is similar in size, number of be.drooms
and amenities to the mobilehome that is being displaced and is
located in a community that has similar access to shopping, medical
services, recreational facilities. and transportation or a·
. compa~able mobilehome in a comparable mobi~ehome park.
(d) "Conversion" means the cJosur~ of a mobilehome park
and. the cessation of holding out spaces' in the park for rental even
if no new use is planned and conversion of a mobilehome park to
another use.
(e) "Legal Owner" means·any person or entity having a legal
interest in a mobilehome, such as a lender or mortgagor ..
(f) "M6bilehome" shall have the meaning set forth in the
Mobilehome Residency Law, Civil Code section 798, et seq. a~ now in
effect or subsequently amended and shall also mean vehicles
designed or used for human habitation, including camping trailers,
,motorhomes, slide-in campers and travel trailers if they have been
in the par'k being closed or converted and used as the occupant's
primary residence,· as established by nine (9) months continuous
residency prior to the filing of a conversion application.
(g) "Mobilehome Park" or "Park" means an area of land where
two or more mobilehome spaces are rented or held· out for rent to
accommodate mobilehomes used for human habitation.
(h) "Mobilehome Resident" or "Resident" means a registered
owner of a mobilehome who resides in the mobilehome.
(i) "Park Owner" means a person or entity. that owns a
mobilehome park or a person or entity authorized to act on behalf
of the owner of a mobilehome park.
9.76.030 Application and Reloc~tion Impact Report.
(a) Prior to conversion of a Park, the Park Owner shall
file with the City an applic~tion to convert the park, a resident
questionnaire and relocation impact report ("RIR"). The
application shall be made on a form provided by the City. No
application shall be deemed complete until a resident questionnaire
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for each affected resident and tenant and a completed RIR have been
filed.
(b) ~o notice that the Park is being converted'or of any
proposed new use of the Park shall be given apd no signs indicating
that the Park is being converted. or closed or indicating the future
use of the Park shall be posted prior to the date on which the City
has approved the conversion and the Park Owner has signed and filed
a certificate acceptirig the conditions of approval adopted by the
City.
(c) Resident Questionnaire. A ·confidential Resident
Questionnaire shall be sent to each resident and tenant of the park
on a form provided by the City as soon as the conversion
application has been filed. The form shall.require the following
information· for each mobilehome space in the Park:
(1) The registered owner and legal owner of the
rriobilehome;
(2) The identity, ages, number and any mental or
physical handicap or special needs of the residents occupying the·
mobilehome;
(3) The date of manufacture of the ~obilehome, the
name of the manufacturer, the size of the mobilehome, the number of
bedrooms in the mobilehome, any special amenities in the home,
including but not limited to equipment needed because of the
medical condition, age,orhandicap or disability of any resident<
o~ tenant in the home;
.'
(4) Any improvements or renovations to the mobilehome
or . improvements to the· mobilehome space· made by the current.
resident, including,. but not limited to, a new roof, porches,
patios, awnings, pop-out rooms, recreational equipment, barbecue
equipment, landscaping, etc., whether such improvements are' movable
and the cost of such improvements;
(5) The purchase price paid by the current resident of
the mobilehome arid the amount and terms of any remaining mortgage
or loan on the home;
(6) Any special circumstance that .would limit the area
to which the resident or tenant is able to relocate;
(7) Whether the residents receive Supplemental Social
Security Income or qualify as low or very low income persons o~
families under the standards issued by the Department of. Housing
and Urban Development (" HUD" ) ;
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The questionnaires shall be kept separately from the rest
of the application materials and shall not be included in-the RIR
sent to each resident and tenant. The identity of each resident and
his or her responses shall be kept confidential and used only to
determine the relocation assistance to be provided to a particular
res'ident or tenant. If the Park Owner does not. submit
questionnaires containing sufficient information, the City may seek
the information directly'from the residents.
(d) Contents of the RIR.
fol~owing information:
The RIRshall include the
(1) A description of any pr,oposed new use for. the
site;
park;
(2) A proposed timetable for the conversion 6f the
(3) A legal description of the park;
(4) The number .of spaces in the park;
(5) For each space in the park:
(i) the size, . number of bedrooms, manufacturer and
date of manufacture of the mobilehome on the space,
(ii) the names and ages of the occupants of the
.mobilehome and their length of residency in the park,
(iii) any special needs, handicaps or disability of
the occupants and related special equipment, modifications or
improvements to the home known to the Park Owner,
(iv) the value the mobilehome would have if the
park were not being closed, the depreciated replacement value of
the mobilehome and its value if it is ,to be removed from the park
and cannot be relocated to a space in a comparable mobilehome park,
these values shall be determined by appraisals bya qualified
appraiser to be chosen by the Park Owner from a list supplied by
the City. The cost of the appraisals shall be paid by the Park
Owner.
(v) any improvements to the home, including but not
limited to, patios, porches, pop-out rooms and any recent major
improvements to the home, including but not limited to, ,a new roof
or new siding.
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concerning
residents.
(vi) any information available to the Park Owner
any handicap, disability or special need ,of the
(vii) two sets of mailing labels for both the
residents and legal owners of each mobilehome.
(e) ,The purchase price paid for the park by the. Park Owner
and any amount incurred to make'capital improvements to t;he park.
(f) An appraisal of' the park if continued in use as a
mobilehome park and an appraisal of the park site if used for the
highe$t and best use pe~mitted by the zoning for the site or any
new zoning being requested by the Park Owner. The appraiser shall
be selected by the Park Owner,-slibject to the approval of the City,
and shall be paid by the Park 'Owner.
(g) Whether the Park, Owner has offered to sell the'
mobilehome park to the residents and terms of that offer.
(h), The purchase price of comparable mobilehomes in
comparable mobilehome parks.,
(i) The cos,t of comparable housing, including the purchase
price of comparable condominiums and comparable mobilehomes in a
comparable mobilehome park and the cost of moving into a comparable
apartment, including such items as first and last months rent,
security deposits aha higher rent or mortgage payments at' the
comparable housing~
(j) A list of comparable parks withina"35 mile radius and
for each such park, the space rents and the qualifications for
residency in ea~ch park (e'.g., age restrictions, ,hopets) ~ whether
the park has any vacant space and will accept homes being relocated
and if so;'any restrictions, such as size and age, on the relocated
homes that would be accepted.
(k) Estimates from two moving companies approved by the
Ci ty, and qualified to' move mobilehomes on public streets and
highways, of the cost of moving each mbbilehome in toe park,
including the cost of permits and tearing down and setting up the
home at the new location, including the cost of any upgrades to
comply with applicable building, plumbing, electrical and health
and safety codes and the cost of moving any improvements,
including, but no~ limited to, patios, porches and pop-out rooms.
(1) Proposed measures to mitigate the adverse 'impacts of
the park conversion on the residents in the park.
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(m) Identification of a relocation specialist to assi~t
the residents in finding and moving to relocation spaces and
comparable housing. The'relocation specialist shall be'selected by
the Park Owner subject to the approval of the City and shall be
paid by the Park Owner. '
9~76.040 Hearing Procedures.
(a) An Application shall be deemed complete within 30 days
unless written notice is given spec,ifying the information' that must
be supplied to make 'the application complete.
(b) A hearing on application shall be set within 60 days of
the date the application is completed.
,-
(c) 30 days priort6 hearing, the Park Owner must verify to
the City that the residents and legal owners of the mobilehomes in
the park have been given th~required notice of the application.
(d) A copy of the RIR must be provided to residents at
least 30 days before the hearing.
(e) At least 30 days mailed notice of the hearing on the
application shall be given to each affe6ted resident, tenant, and
legal owner.
(f) The ~pplication shall be heard by a qualified hearing
officer selected by the City. The Park Owner shall pay all hearing
officer fees. "
(g)-The hearing officer shall approve the ~pplication on
the condition that the mitig.ation measures proposed by the Park
Owner are adequate to mitigate the adverse impacts on: the displaced
residents and may condition the approval on .additional conditions,
including, but not limited to the following, provided that such
conditions do not exceed the reasonable costs of relocation:
(I) For residents whose mohilehomes can be relocated
to a space in a comparable mobilehome park:
(a) the cost of physically relocating the
mobilehome, as defined above, within 35 miles of the Park that is
closing.
(b) the cost of moving the personal property in
the mobilehome.
(c) the cost of staying overnight ina motel for
the number of nights required to move and set up the mobilehome in
the new park.
010522 sdl 0052702 6
(d) costs incurred to move into the new park,
sudh as first and last months rent. and security deposits.
(e) for those residents who qualify.as low or
very low income persons or families, as defined by HUD or are
rece~v~ng supplemental social security, a lump sum based on
consideration of the difference between higher rent at the new park
for one year and the park·that is closing.
(f) for those residents who are handicapped or
disabled, a lump sum based on consideration of the cost of
obtaining any assistance necessary to move, such as help with
packing or other physical tasks that the resident cannot do without
assistance and to offset the cost of replacing any special
equipment that cannot be moved and is· used because of the
resident's disability.
(2) For residents whose mobilehomes cannot be
relocated to a space in a comparable park:
(a) a lump sum based on consideration of the cost
of moving 'to and purchasing or renting comparable housing,
including, but not limited to, the cost of purchasing a comparable
mobilehome in a comparable mobilehome park, the cost of moving
personal property from the mobilehome in the closing park to
comparable housing, payment of fi;rst and last month's rent.and .3;ily
security deposit at the comparable housing, the loss of investment
in the mobilehome that cannot be relocated and any remaining loan
payments that must be made even though the resident cannot continue
to live in the mobilehbme .. '
(b) if the resident is disabled or handicapped,
an additional sum toward the cost of obtaining any assistance
needed to enable the resident to move.
(c) if the residents are low income persons or a
low income family, as defined by HUD, or are receiving supplemental
social security, an additional sum to partially offset any higher
rent at the comparable housing during the first year at the new
location.
9.76.050 Acceptance of Conditions Required. The City's
approval of a conversion application shall not be. valid and
effective until the Park Owner has filed a certificate of
acceptance of the conditioris of approval with the City.
9.76.060 Appeals .. Any aggrieved person may appeal the
hearing officer's decisioI). to the City Council by fiiing a written
notice of appeal w.ith the city clerk within 10 days of the date the
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hearing officer's decision becomes final. The appeal shalL be in
the form specified by the City and shall be accompanied by a filing
fee specified in the municipal fee schedule.
9.76.070 Relocation Notice. No resident shall be required
to remove his or her mobilehome and no tenant shall be required to
vacate a mobilehome until i) the Park Owner has given the six (6)
months" notice of closure required by the Civil Code section
798.56, ii} that six (6) month period has elapsed, iii) the City's
.decision approving the closure is final, and iv) the Park Owner has
provided the relocation as stance required by the City as a
condition of conversion.
9;76.080 Exceptions to Requirement to,Provide Relocation
Assistance.
(a) The provisions of this Chapter shall not apply to a
park that is closing due ,to bankruptcy.
(b) An applicant may seek a total exemption on the .ground
that imposition of any relocation assistance would eliminate
substantially all reasonable use or economic value of the property
for alternate· uses.. Th,e application must provid.e evidence
demonstrating that this result would occur.
(c) An 'applicant may k a partial exemption on the
ground that the imposition of a particular relocation obligation
-would eliminate substantially all reasonable. use or economic value
of the park fOr alternate uses. The application 'must'specify the
particular obligation that would cause this .resul t and provide
evidence to demonstrate that this result would occur.
9. 76 . 090 Expiration' and ' Extension of Approval of
Conversion. Conve.rsion approvals shall expire one (1) year after
the date they are issued. The city manager may upon request grant
extensions of time based upon a showing that good faith progress
has been made toward fulfilling the conditions of approval or some
intervening event not the fault of the Park Owner has prevented
timely compliance' with the conditions of approval.
9.76.100 Enforcement. Any person, firm or corporation
violating any provision of this chapter, is guilty of a misdemeanor
and, upon conviction thereof, shall be punishable as provided by
law.
010522 sdl 0052702 8
.)
9.76.110 Provisions To' Prevent, Eviction Prior to
Determination of Relocation Assistance.
(a) Any resident already renting a space in the Park on
the date the applicat,ion for conversion is filed shall be eligible
for relocation assistance.
(b) No Park Owner shall require any resident to waive
his/her rights to relocation assistance as a condition of renting
a space in the park, except when the resident moves into the park
after the date the conversion application is filed-and notice has
been given that the conversion application has been filed., Any
such waiver will only be valid the Park Owner completes the
conversion hearing process within year
,-,
(c) Residents who 'are eligible for relocation. assistance
sh~ll be entitled to the assistance required by the City as a
condition of conversion even if they move out,of the park before
the City's final determination concerning required relocation
assistance. '
9.76.120 Rent Increase Review Petitions.
(a) A Resident may, with the written support of no less
than 25% of the, total number of Residents, petition for review of
any notice of ren't increase that alone or in comb'ination with any
other rent increases imposed in the last twelve months exceeds the
(sum of the then current Bureau of Labor Statistics Consumer Price,
Index -All Urban Consumers -San Francisco -Oakland -San Jose,
. plus 6%.
(b) The petition must be filed with the city clerk within
thirty (30) days after notice of the rent increase is given by the
Park Owner and must contain sufficient information to allow the'
City to determine whether the rent increase which is the subject of
the petition meets the criteria of this subsection. The petition
shall include the following information: .
(1) The number of eligible resident households in the
park;
(2) The space number and members of each 'eligible
resident household signing the petition;
(3) The signature of one adult member of each
eligible resident household signing the petition;
(4) The date of notice and amount of the rent
increase that is the subject of the petition;
010522 sdl 0052702 9
(5) The amount of the existing rent, the date(s) of
any increase imposed during the immediately preceding twelve months
and the-amount of the rent before those increases were imposed;
(6) A statement describing the efforts of the
Residents arid Park Owner to resolve the dispute through formal or
informal dispute resolution, including but not limited to
mediation;
(c) The City shall give notice of the petition by
certified mail 9r personal delivery to the Park Owner and the
petitioning resident within fifteen (15) days of the date it is
received. The notice shall state a preliminary determination
whether the petition meets the criteria of this subsection. If the
preliminarydeterminat~on is that it does meet the criteria, the
notice shall include a list of qualified hearing officers who are
available, at the Park Owner's expense, to conduct a hearing on the
matter. The Park Owner-and petitioning resident shall attempt to
agree on the selection of a hearing officer, but if they do not or
cannot agree within ten (10) days, the hearing officer shall be
chosen by the City.
(d) If the City's preliminary determination is that the
petition does not meet the criteria of this section or that it is
otherwise incomplete; the notice shall state that the petition is
being rejected and the reasons fbr thi rejection. In such case,
the petitioners may submit a revised pet.ition, which cures the
reason for rejection, within ten (10) days of receipt of the
rejection notice. The revised petition shall be processed in the
same manner as the original.
(e) Upon selection of the hearing officer, the City shall
gi ve notice of the hearing date by certified mail or personal
deli very to the Park Owner and the peti tioning resident. The
hearing date shall be not sooner than thirty (30) and no later than
eight~ (80) days ~fter the date the petition was received. The
notice shall also state that the Park Owner-has thirty (30) days in
which to provide justification for the rent increase pursuant to
this chapter and -notice that the noticed increase cannot be
charged, demanded, collected or retained unless and until approved
by the City.
_ (f) In determining whether a rent increase should be
granted and if so, the amount of that increase, the hearing officer-
shall approve such increases as are required to provide a just,
reasonable and fair return on investment to the Park Owner and
shall consider all relevant evidence and facts, including but not
limited to, the following:
010522 sdl 0052702
(1) Changes in the CPI since the last rent increase;
10
(2) Rents in comparable mobilehome parks;
(3). Increases or decreases in the level of services,
amenities and maintenance;
(4) Changes in operating and maintenance costs,
including utilities not paid by the residents and taxes, since the
last rent increqse. . These costs sh,all not include interest on
mortgage debt or principal payments on mortgage debt;
(5) Costs incurred for capital improvements or
unusual repairs not reimbursable by insurance since the last rent
increase;
-,{6) Ch~nges in the park's piofits since the last rent
increase;
(7) Length of time since the last increase;
(8) Evidence demonstrating that a rent increase is
necessary to allow the park to earn a just and reasonable return;
(g) The hearing off£cer shall render his or her findings.
and decision in writing within ninety (90) days ·of the date the
petition was xeceived by the City. The 'decision of the hearing
officer shall be final~
(h) This· section shall not apply to spaces subject to a
lease exempt from local rent regulations pursuant to the Mobile
Home Residency Law, California Civil Code section 798, et seq.,
shall not apply to space~ first held out fo~ rent after rranuary 1,
1990, or the rent first charged to a purchaser of a mobile home in
the park or 'for a vacant space, provided that a space shall not be
deemed vacant when an existing mobile home resident removes his or
her mobile home to replace it with a new mobile home.
(i) An eligible resident may refuse to pay any rent in
excess of the maximum rent permitted by this section. The fact
that . such unpaid rent is in excess of the maximum rent permitted by
this section shall be a defense in any action brought to recover
possession of a mobile home space and for nonpayment of rent or to
collect the illegal rent.
(j) Notice of the hearing officer's decision to the Park
Owner and affected resident shall state that the ninety, (90) day
statute. of limitations in Code of Civil Procedure section 1094.6 is
applicable.
010522 sdl 0052702 11
9.76.130 This chapter shall be interpreted so as to be
consistent with the Mobilehome Residency Law, Evidence Code section
798, et seq. and Government Code sections 65863. 7, 65863.8 and
66427.4, as now in effect or as subsequently amended.
9.76.140 Any action challenging a decision made pursuant
to this chaptei sh~ll be brought within the ninety (90) day statute
of limitation period set forth in Code of Civil Procedure section
1094.6."
SECTION 2. The City Council finds that this project is
,'exempt from the provisions of the Environmental Quality Act
(" CEQA") because it can be seen with certainty that there is no
possibility that this project ,will have a significant effect on the
environment:
SECTION 3. This ordinance shall be effective on the
thirty-first 'day after the date of ' its adoption.
INTRODUCEQ: April 30, 2001
PASSED: May 14,2001
AYES: BEECHAM, EAKINS, LYTLE, MOSSAR, OJAKIAN,
NOES: BURCH, FAZZINO, KLEINBERG, WHEELER
ABSENTIONS:
ABSENT:
ATTEST:
Direc nning &
Community Env'ronment
010522 sdl 0052702 12
APPROVED:
THIS DOCI.JME-NT IS CERTIFIED TO BE AN
mml)\JANCr; DULV PASSED BVTHE COUNCIL
OF THE C!TY OF PALO AL.TO AND
THEt:i..'fH· n::[~ POSTE~;f rrOfOUNCIL
C:'!fl,:"j[3[f/S ON • jJ I (WITHIN'S
DAYS o}" I'm PASSAGE) '.
'" carliiy (or declare) under penalty
of perjury that ~hc foregoing is true
and correct." ~ leb~DI BPE BJ)-±aJ ~Q
Oa Place ~nattJe