Special Notice / Hearing: None__
Vote Required: Majority
To: Honorable Board of Supervisors
From: John L. Maltbie, County Manager
Peggy Jensen, Deputy County Manager
Subject: Introduction of an Ordinance regarding Mobilehome Park Change of Use
RECOMMENDATION:
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Introduction of an ordinance adding Chapter 5.156 (Mobilehome Park Change of Use) of Title 5 (Business Regulation) of the San Mateo County Ordinance Code relating to conversion, closure, or change of use of mobilehome parks, and waive the reading of the ordinance in its entirety.
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BACKGROUND:
The seven existing mobilehome parks located in unincorporated San Mateo County (“County”) provide more than 750 spaces for mobile housing units. Many of those spaces, whether occupied by a mobilehome or other type of shelter (such as a recreational vehicle or travel trailer), provide affordable housing for low-income families and seniors.
When a mobilehome park is converted to another land use or closes, residents are displaced. In the case of traditional mobilehomes, displaced owners are generally unable to move their home to another mobilehome park due to the physical condition of the home and/or because parks generally accept only new mobilehomes. Displaced residents of other types of mobile shelter also face challenges because most of the facilities that accept recreational vehicles, travel trailers, or other types of mobile shelter in San Mateo County have long waiting lists for long-term residents.
The ongoing housing crisis in the Bay Area has led to concern about the preservation of all types of affordable housing in mobilehome parks. A number of mobilehome parks in cities within or near San Mateo County have been the subject of conversion or closure efforts, including Palo Alto, Pacifica, and San Jose. The market conditions that led to planned conversions or closures such as these suggest a risk for similar conversion of mobilehome parks located in the unincorporated County.
On November 17, 2015, the Board of Supervisors adopted a temporary moratorium prohibiting the closure or conversion of mobilehome parks in the unincorporated County, recognizing the conditions described above and the potential for resulting displacement of residents and elimination of affordable housing. The Board extended that temporary moratorium on December 15, 2015, effectively prohibiting park conversions until November 17, 2017. In the interim, the Board directed staff to study and consider the adoption of potential land use regulations applicable to mobilehome parks.
Staff has completed that effort and now presents the Board with a number of items intended to help preserve the County’s existing mobilehome parks and assist residents of those parks in the event a closure or conversion is proposed.
DISCUSSION:
Existing State law (California Government Code sections 65863.7, 66427.4(a)) requires park owners to submit relocation impact reports to local governing bodies prior to converting or closing mobilehome parks. The report is required to address the availability of adequate replacement housing in mobilehome parks and identify relocation costs. Local governing bodies may impose conditions on the conversion or closure to mitigate adverse impacts on the ability of displaced residents to find adequate housing in a mobilehome park. The cost of any steps required to mitigate impacts cannot exceed the reasonable costs of relocation.
The proposed Mobilehome Park Change of Use Ordinance implements and expands on State law, as summarized above, in a manner similar to ordinances adopted by many other local jurisdictions throughout the State. Specifically, the proposed ordinance requires that a park owner obtain a Change of Use Permit from the Planning Commission prior to converting or closing a mobilehome park. The new permit requirement will facilitate the County’s review of the relocation impact report already required by State law, and formalize the process for provision of relocation assistance to residents that would be displaced as a result of the proposed change of use. Key features of the ordinance include the following:
• A pre-application meeting with Planning and Building Department staff to review process requirements and discuss an appropriate plan for notification and outreach to the affected residents.
• Use of a “relocation counselor” to assist residents in the process of finding alternate housing, including the process of securing subsidized housing, if available/applicable.
• Payment of moving costs for personal belongings and first and last month’s rent and security deposit at the identified alternative housing for all eligible residents.
• Payment of costs to move mobilehome to a new park, if feasible, or payment of in-place value of mobilehome that cannot be moved (based on appraised value).
• Payment for temporary lodging for up to 30 days, if necessary.
• 9-month notice required prior to applying for Change of Use Permit; additional 6-month notice required after securing permit before residents are required to vacate.
• Right of first refusal for displaced residents to purchase or rent new homes to be constructed on the park site, if applicable.
The ordinance also incorporates provisions to ensure that relocation assistance remains within the limits authorized by State law, and allows park owners to request an exemption from the relocation requirements where payments would exceed the reasonable costs of relocation, would eliminate substantially all reasonable economic value of the property, or in cases of bankruptcy.
County Counsel has reviewed the ordinance as to form.
Adoption of this ordinance contributes to the Shared Vision 2025 of a Livable Community by incentivizing the preservation and maintenance of affordable housing, and providing for relocation assistance to residents in the event of a change of use.
FISCAL IMPACT:
Administration of the new permit requirement will result in increased costs to the Planning and Building Department. This increased cost will be offset by permit application fees. Staff will bring a revision to the Planning Department fee schedule to the Board of Supervisors for consideration after adoption of the proposed ordinance.
ATTACHMENT:
Mobilehome Park Change of Use Ordinance