City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council (“Council”) discuss and consider this item and
give direction to staff regarding additional protections for mobile home park
residents.
BACKGROUND:
On October 17, 2005, the Agency voted to exclude the two (2) mobile home parks
located at 4025 Grandview and 4071 Grandview from the Olson Urban Housing LLC
Exclusive Negotiation Agreement. At that time, certain residents requested that the
Agency implement tenant protections in case the mobile home park owners sold
their properties.
The property at 4025 Grand View Boulevard is a 38,999 + square-foot parcel with 20
rental pad units. The property at 4071 Grand View Boulevard is a 1.25 + acre parcel
with 23 rental pad units. Both of these properties are currently zoned as RMD or
“Medium Density Multiple Family Residential”. The above mentioned sites are not
included in the Redevelopment Project Area and both of these mobile home parks
are not under any affordability and rent restriction covenants by the Redevelopment
Agency.
In November 2004, Overland Pacific and Cutler, a professional relocation firm,
completed a relocation cost study, and made the following findings:
Meeting Date: 10/27/08 Item Number: A-3
AGENDA ITEM: Discussion and Consideration Regarding Additional Protections
for Mobile Home Park Residents.
Contact Person/Dept.: Tevis Barnes
(CDD), and Lillian Ikeda (CDD).
Phone Number: (310) 253-5782, (310)
253-5660 and (310) 253-5797.
Fiscal Impact: Yes [X] No [ ] General Fund: Yes [ ] No [X]
Public Hearing: [ ] Action Item: [X] Attachments: [X]
Public Notification: Master E-Mail Notification List (10/22/08). Mobile Home Owners,
Property Owners and Tenants (09/18/08 and 10/20/08).
Department Approval:
Sol Blumenfeld (10/17/08)
City Attorney Approval:
Carol Schwab (by H. Baker) (10/22/08)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (10/22/08)
City Manager Approval:
Jerry B. Fulwood (10/22/08) City of Culver City, California
City Council Agenda Item Report
• 11 tenants at 4025 Grand View and 8 tenants at 4071 Grand View qualify
as very-low to low income and would be eligible for Section 8 rental
assistance.
• 88% of the 42 coaches are owner occupied (1 rental pad is vacant).
• Due to the age and condition of most of the coaches, it is doubtful that any
could be moved and/or would be accepted at other mobile home parks.
Comparable pre-owned coach replacements for relocation to a new site
averaged $65K for single-wide and $95K for double-wide units.
• 42% of the tenants are senior-led households and 8% are households in
which a disabled person resides.
DISCUSSION:
State law includes special provisions for mobile home parks. Mobile home park
conversions are discussed in both the Government Code and California Civil Code
(Attachments 1, 2 and 3). Both of these statutes provide guidelines governing the
process by which a mobile home park can be closed or converted to another use.
The City of Culver City currently follows the guidelines set by the California
Government Code and Civil Code for mobile home park closure, cessation, or
change of use.
The law provides special protections to mobile home owners for several reasons: the
high cost of moving mobile homes, the potential for damage resulting therefrom, the
requirements relating to the installation of mobile homes, and the fiscal impact of
moving on the part of the mobile home owner who may have a significant investment
in his/her home.
These protections include special consideration in the termination of tenancy due to
the closure or change of use of a mobile home park. Although tenancy may be
terminated due to closure or change of use, it is difficult to do so under State law.
For example, Civil Code Section 798.56 (Attachment 1) states that if a mobile home
park were to terminate its tenant leases due to a change of use, the process would
proceed as described:
Civil Code Section 798.56 Section (6)(g)(2) provides that mobile home park
management must give notice (to the tenants) 12 months or more prior to the
management’s determination that a change of use will occur. The management
in the notice shall disclose and describe in detail the nature of the change of use.
This notice to tenants could not be sent prior to the approval of the change of use by
the legislative body of the jurisdiction in which the change of use will occur.
City of Culver City, California
City Council Agenda Item Report
In addition, Government Code Section 65863.7 (Attachment 3) requires that prior to
conversion, closure or cessation of use of a mobile home park, the mobile home
park owner shall, among other requirements:
• Address the availability of adequate replacement housing in mobile home
parks and relocation costs in a report;
• Provide a copy of the report to each resident;
• Conduct a hearing before the legislative body (City Council) regarding the
sufficiency of the report.
The legislative body of the jurisdiction (City Council) may review the report and prior
to any change of use, may require the proposer 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. The steps required
to be taken to mitigate shall not exceed the reasonable costs of relocation.
In addition, legislation has occurred under Government Code Section 66427.5
whereby the residents have the potential for acquisition of the mobile home parks in
which they reside.
If desired, the City Council may impose additional regulations on the mobile home
park owner to mitigate the impacts beyond State law. State law does not specify the
term “reasonable costs of relocation,” (no dollar amount or formula is stated).
Attachment 4 is a survey of cities and their mobile home relocation requirements.
Additionally, listed below are examples of approaches employed by other
jurisdictions in closure or change of use statues.
• Refer to the State law only. (Lancaster)
• Reference to the State law and notices thereunder, but very detailed
requirements for the Tenant Impact Report and the subsequent hearing and
application process. (Capitola)
• Refer to State law and add relocation hearings, etc. and couple with the right
to buy in the new project if it is housing and proof of relocation payment
before any new permit. (Malibu)
• Relocation Impact Report (“RIR”) must be filed prior to any notice to tenants
or prospective tenants and until approved by the City, no termination notices
can be sent which significantly delays the process. The many expert opinions
required for the RIR can result in a relocation specialist being retained by the
park owner. The ordinance then continues to provide an extensive list of
detailed measures that can be included in “reasonable cost of relocation.”
This may go beyond the intent of the State law, but there seems to be no prior
or final litigation on this particular code section. (Carson) City of Culver City, California
City Council Agenda Item Report
• Citation of the State law, but requires the park owner pay for an Impact
Report Consultant. The consultant is given criteria for the RIR. Upon a
further hearing, the City may set forth any potential mitigation measures
which include a list, but that concludes with “such measures as, in the
discretion of the City, are necessary…” (Clovis)
• Require proof that the relocated tenant has been provided a right of first
refusal on any housing to be built on the site. This is also coupled with an
alternative that the tenants be given a three (3) year notice with a sliding
scale of reimbursement if they move sooner. (Chula Vista)
• Provide a fixed dollar amount, adequate notice and proof to the City that the
money has been paid. (Gardena)
• Zoning regulation for a mobile home park or an overlay for a mobile home
park. In this instance, the City will not approve a zoning change unless the
rezone is consistent with the Government Code Section 65863.7 or 66427.4
and with the City General Plan. After proper notice and a hearing, the
mitigation must meet the following: relocate within 20 miles or purchase the
mobile home at “in place value.” It is also possible to relocate tenants to
alternative housing and compensate. (Huntington Beach)
• Requirement that for every affordable home or home site removed, there
must be a one-for-one replacement in the community. (Morro Bay)
• Require a use permit to convert a park to another use or to a subdivision.
Compliment this with a relocation plan, include a 250 mile radius and rent
increases are placed on hold during application for at least a time period set
in the code. (Oceanside)
• Some cities require the issuance of a permit to convert or close a mobile
home park. These permits are then conditioned in a number of ways that
may or may not be consistent to State law. None of these have been litigated
and an appellate decision issued. (Santa Barbara)
Staff members in the Housing Division, City Attorney’s Office, Redevelopment
Division and the Gibbs Law Firm, a law firm specializing in mobilehome park issues,
have reviewed the information and the following options are open to Culver City:
1. Refer to the California State law if a mobile home park change of use occurs; or
2. Develop a Culver City ordinance to further define adequate replacement housing,
mitigation efforts and relocation costs to mobilehome park residents; or
3. Enter into a contractual agreement, a Memorandum of Understanding (“MOU”)
with the individual mobile home park owners for present or future property use.
Staff is not recommending this approach. Any such agreement requires the park
owners’ voluntary agreement, which may be very difficult or impossible to obtain.
City of Culver City, California
City Council Agenda Item Report
Lastly, to inform both the tenants and property owners of mobile home parks in the
community, over 1,200 public notices were transmitted via the United States Postal
Service on September 18, 2008 to all mobile home park property owners, mobile
home park residents and all properties within 500 feet of a mobile home park. A
second courtesy reminder notice was transmitted on October 17, 2008 to all the
entities listed above. The total cost of the public notification was $650 dollars. The
2008/2009 Fiscal Year Housing Budget for mailings and public notification is $6,451.
FISCAL ANALYSIS:
There is no fiscal impact associated with the discussion of this item.
ATTACHMENTS:
1. California Civil Code Section 798.55-798.61.
2. California Civil Code Section 799-799.2.5
3. California Government Code Section 65850-65863.13.
4. Matrix of Mobile Home Park Conversion Ordinance Summaries.
MOTION:
That the City Council:
1. Refer to the California State law if a mobile home park change of use occurs; or
2. Direct Staff to develop a Culver City ordinance to further define adequate
replacement housing, mitigation efforts and relocation costs to mobilehome park
residents; or
3. Enter into a contractual agreement, a Memorandum of Understanding (“MOU”)
with the individual mobile home park owners for present or future property use.
MEETING DATE: October 27, 2008
AGENDA ITEM: Discussion and Consideration Regarding Additional Protections for
Mobile Home Park Residents.
ATTACHMENTS
Pages
1. California Civil Code Section 798.55-798.61 1-8
2. California Civil Code Section 799-799.2.5 9-12
3. California Government Code Section 65850-65863.13 13-50
4. Matrix of Mobile Home Park Conversion Ordinance Summaries 51-56CA Codes (eiv:798.55-798.61) Page 1 of8
CIVIL CODE
SECTION 798.55-798.61
798.55. fa) The Legislature finds and declares that, because of the
high cost of moving mobilehomes, the potential for damage resulting
therefrom, the requirements relating to the installation of
mobilehomes, and the cost of landscaping or lot preparation, it is
necessary that the owners of mobilehomes occupied within mobilehome
parks be provided with the unique protection from actual or
constructive eviction afforded by the provisions of this chapter.
(b) (1) The management may not terminate or refuse to renew a
tenancy, except for a reason specified in this article and upon the
giving of written notice to the homeowner, in the manner prescribed
by Section 1162 of the Code of Civil Procedure, to sell or remove, at
the homeowner's election, the mobilehome from the park within a
period of not less than 60 days, which period shall be specified in
the notice. A copy of this notice shall be sent to the legal owner,
as defined in Section 18005.8 of the Health and Safety Code, each
junior lienholder, as defined in Section 18005.3 of the Health and
Safety Code, and the registered owner of the mobilehome, if other
than the homeowner, by United States mail within 10 days after notice
to the homeowner. The copy may be sent by regular mail or by
certified or registered mail with return receipt requested, at the
option of the management.
(2) The homeowner shall pay past due rent and utilities upon the
sale of a mobilehome pursuant to paragraph (1).
(c) If the homeowner has not paid the rent due within three days
after notice to the homeowner, and if the first notice was not sent
by certified or registered mail with return receipt requested, a copy
of the notice shall again be sent to the legal owner, each junior
lienholder, and the registered owner, if other than the homeowner, by
certified or registered mail with return receipt requested within 10
days after notice to the homeowner. Copies of the notice shall be
addressed to the legal owner, each junior lienholder, and the
registered owner at their addresses, as set forth in the registration
card specified in Section 18091.5 of the Health and Safety Code.
(d) If management obtains a court judgment against a homeowner or
resident, the cost incurred by management in obtaining a title
search for the purpose of complying with the notice requirements of
this section shall be recoverable as a cost of suit.
(e) The resident of a mobilehome that remains in the mobilehome
park after service of the notice to sell or remove the mobilehome
shall continue to be subject to this chapter and the rules and
regulations of the park, including rules regarding maintenance of the
space.
(f) No lawful act by the management to enforce this chapter or the
rules and regulations of the park may be deemed or construed to
waive or otherwise affect the notice to remove the mobilehome.
798.56. A tenancy shall be terminated by the management only for
one or more of the following reasons:
(a) Failure of the homeowner or resident to comply with a local
ordinance or state law or regulation relating to mobilehomes within a
reasonable time after the homeowner receives a notice of
noncompliance from the appropriate governmental agency.
(b) Conduct by the homeowner or resident, upon the park premises,CA Codes (civ:798.55-798.61) Page 2 of 8
that constitutes a substantial annoyance to other homeowners or
residents.
(c) (1) Conviction of the homeowner or resident for prostitution,
for a violation of subdivision (d) of Section 243, paragraph (2) of
subdivision (a), or subdivision (b), of Section 245, Section 286, or
Section 451, of the Penal Code, or a felony controlled substance
offense, if the act resulting in the conviction was committed
anywhere on the premises of the mobilehome park, including, but not
limited to, within the homeowner's mobilehome.
(2) However the tenancy may not be terminated for the reason
specified in this subdivision if the person convicted of the offense
has permanently vacated, and does not subsequently reoccupy, the
mobilehome.
(d) Failure of the homeowner or resident to comply with a
reasonable rule or regulation of the park that is part of the rental
agreement or any amendment thereto.
No act or omission of the homeowner or resident shall constitute a
failure to comply with a reasonable rule or regulation unless and
until the management has given the homeowner written notice of the
alleged rule or regulation violation and the homeowner or resident
has failed to adhere to the rule or regulation within seven days.
However, if a homeowner has been given a written notice of an alleged
violation of the same rule or regulation on three or more occasions
within a 12-month period after the homeowner or resident has violated
that rule or regulation, no written notice shall be required for a
subsequent violation of the same rule or regulation.
Nothing in this subdivision shall relieve the management from its
obligation to demonstrate that a rule or regulation has in fact been
violated.
(e) (1) Nonpayment of rent, utility charges, or reasonable
incidental service charges; provided that the amount due has been
unpaid for a period of at least five days from its due date, and
provided that the homeowner shall be given a three-day written notice
subsequent to that five-day period to pay the amount due or to
vacate the tenancy. For purposes of this subdivision, the five-day
period does not include the date the payment is due. The three-day
written notice shall be given to the homeowner in the manner
prescribed by Section 1162 of the Code of Civil Procedure. A copy of
this notice shall be sent to the persons or entities specified in
subdivision (b) of Section 798.55 within 10 days after notice is
delivered to the homeowner. If the homeowner cures the default, the
notice need not be sent. The notice may be given at the same time as
the 60 days notice required for termination of the tenancy. A
three-day notice given pursuant to this subdivision shall contain the
following provisions printed in at least I2-point boldface type at
the top of the notice, with the appropriate number written in the
blank:
"Warning: This notice is the (insert number) three-day notice for
nonpayment of rent, utility charges, or other reasonable incidental
services that has been served upon you in the last 12 months.
Pursuant to Civil Code Section 798.56 (e) (5), if you have been given
a three-day notice to either pay rent, utility charges, or other
reasonable incidental services or to vacate your tenancy on three or
more occasions within a 12-month period, management is not required
to give you a further three-day period to pay rent or vacate the
tenancy before your tenancy can he terminated."
(2) Payment by the homeowner prior to the expiration of the
three-day notice period shall cure a default under this subdivision.
If the homeowner does not pay prior to the expiration of the
three-day notice period, the homeowner shall remain liable for allCA Codes (civ:798.55-798.61)
payments due up until the time the tenancy is vacated.
(3) Payment by the legal owner, as defined in Section 18005.8 of
the Health and Safety Code, any junior lienholder, as defined in
Section 18005.3 of the Health and Safety Code, or the registered
owner, as defined in Section 18009.5 of the Health and Safety Code,
if other than the homeowner, on behalf of the homeowner prior to the
expiration of 30 calendar days following the mailing of the notice to
the legal owner, each junior lienholder, and the registered owner
provided in subdivision (b) of Section 798.55, shall cure a default
under this subdivision with respect to that payment.
(4) Cure of a default of rent, utility charges, or reasonable
incidental service charges by the legal owner, any junior lienholder,
or the registered owner, if other than the homeowner, as provided by
this subdivision, may not be exercised more than twice during a
12-month period.
(5) If a homeowner has been given a three-day notice to pay the
amount due or to vacate the tenancy on three or more occasions within
the preceding 12-month period and each notice includes the
provisions specified in paragraph (1), no written three-day notice
shall be required in the case of a subsequent nonpayment of rent,
utility charges, or reasonable incidental service charges.
In that event, the management shall give written notice to the
homeowner in the manner prescribed by Section 1162 of the Code of
Civil Procedure to remove the mobilehome from the park within a
period of not less than 60 days, which period shall be specified in
the notice. A copy of this notice shall be sent to the legal owner,
each junior lienholder, and the registered owner of the mobilehome,
if other than the homeowner, as specified in paragraph (b) of Section
798.55, by certified or registered mail, return receipt requested,
within 10 days after notice is sent to the homeowner.
(6) When a copy of the 60 days' notice described in paragraph (5)
is sent to the legal owner, each junior lienholder, and the
registered owner of the mobilehome, if other than the homeowner, the
default may be cured by any of them on behalf of the homeowner prior
to the expiration of 30 calendar days following the mailing of the
notice, if all of the following conditions exist:
(A) A copy of a three-day notice sent pursuant to subdivision (b)
of Section 798.55 to a homeowner for the nonpayment of rent, utility
charges, or reasonable incidental service charges was not sent to the
legal owner, junior iienholder, or registered owner, of the
mobilehome, if other than the homeowner, during the preceding
12-month period.
(B) The legal owner, junior lienholder, or registered owner of the
mobilehome, if other than the homeowner, has not previously cured a
default of the homeowner during the preceding 12-month period.
(C) The legal owner, junior lienholder or registered owner, if
other than the homeowner, is not a financial institution or
mobilehome dealer.
If the default is cured by the legal owner, junior lienholder, or
registered owner within the 30-day period, the notice to remove the
mobilehome from the park described in paragraph (5) shall be
rescinded.
(f) Condemnation of the park.
(g) Change of use of the park or any portion thereof, provided:
(1) The management gives the homeowners at least 15 days' written
notice that the management will be appearing before a local
governmental board, commission, or body to request permits for a
change of use of the mobilehome park.
(2) After all required permits requesting a change of use have
been approved by the local governmental board, commission, or body,
the management shall give the homeowners six months' or more written
Page 3 of 8CA Codes (eiv:798.55-798.61) Page 4 of 8
notice of termination of tenancy.
If the change of use requires no local governmental permits, then
notice shall be given 12 months or more prior to the management's
determination that a change of use will occur. The management in the
notice shall disclose and describe in detail the nature of the
change of use.
(3) The management gives each proposed homeowner written notice
thereof prior to the inception of his or her tenancy that the
management is requesting a change of use before local governmental
bodies or that a change of use request has been granted.
(4) The notice requirements for termination of tenancy set forth
in Sections 798.56 and 798.57 shall be followed if the proposed
change actually occurs.
(5) A notice of a proposed change of use given prior to January 1,
1980, that conforms to the requirements in effect at that time shall
be valid. The requirements for a notice of a proposed change of use
imposed by this subdivision shall be governed by the law in effect
at the time the notice was given.
(h) The report required pursuant to subdivisions (b) and (i) of
Section 65863.7 of the Government Code shall be given to the
homeowners or residents at the same time that notice is required
pursuant to subdivision (g) of this section.
(i) For purposes of this section, "financial institution" means a
state or national bank, state or federal savings and loan association
or credit union, or similar organization, and mobilehome dealer as
defined in Section 18002.6 of the Health and Safety Code or any other
organization that, as part of its usual course of business,
originates, owns, or provides loan servicing for loans secured by a
mobilehome.
798.56a. (a) Within 60 days after receipt of, or no later than 65
days after the mailing of, the notice of termination of tenancy
pursuant to any reason provided in Section 798.56 1 the legal owner,
if any, and each junior lienholder, if any, shall notify the
management in writing of at least one of the following:
(1) Its offer to sell the obligation secured by the mobilehome to
the management for the amount specified in its written offer. In
that event, the management shall have 15 days following receipt of
the offer to accept or reject the offer in writing. If the offer is
rejected, the person or entity that made the offer shall have 10 days
in which to exercise one of the other options contained in this
section and shall notify management in writing of its choice.
(2) Its intention to foreclose on its security interest in the
mobilehome.
(3) Its request that the management pursue the termination of
tenancy against the homeowner and its offer to reimburse management
for the reasonable attorney's fees and court costs incurred by the
management in that action. If this request and offer are made, the
legal owner, if any, or junior lienholder, if any, shall reimburse
the management the amount of reasonable attorney's fees and court
costs, as agreed upon by the management and the legal owner or junior
lienholder, incurred by the management in an action to terminate the
homeowner's tenancy, on or before the earlier of (A) the 60th
calendar day following receipt of written notice from the management
of the aggregate amount of those reasonable attorney's fees and costs
or (B) the date the mobilehome is resold.
(b) A legal owner, if any, or junior lienholder, if any, may sell
the mobilehome within the park to a third party and keep the
mobilehome on the site within the mobilehome park until it is resold
only if all of the following requirements are met:CA Codes (civ:798.55-798.61)
(1) The legal owner, if any, or junior lienholder, if any,
notifies management in writing of the intention to exercise either
option described in paragraph (2) or (3) of subdivision (a) within 60
days following receipt of, or no later than 65 days after the
mailing of, the notice of termination of tenancy and satisfies all of
the responsibilities and liabilities of the homeowner owing to the
management for the 90 days preceding the mailing of the notice of
termination of tenancy and then continues to satisfy these
responsibilities and liabilities as they accrue from the date of the
mailing of that notice until the date the mobilehome is resold.
(2) Within 60 days following receipt of, or no later than 65 days
after the mailing of, the notice of termination of tenancy, the legal
owner or junior lienholder commences all repairs and necessary
corrective actions so that the mobilehome complies with park rules
and regulations in existence at the time the notice of termination of
tenancy was given as well as the health and safety standards
specified in Sections 18550, 18552, and 18605 of the Health and
Safety Code, and completes these repairs and corrective actions
within 90 calendar days of that notice, or before the date that the
mobilehome is sold, whichever is earlier.
(3) The legal owner, if any, or junior lienholder, if any,
complies with the requirements of Article 7 (commencing with Section
798.70) as it relates to the transfer of the mobilehome to a third
party.
(c) For purposes of subdivision (b), the "homeowner's
responsibilities and liabilities" means all rents, utilities,
reasonable maintenance charges of the mobilehome and its premises,
and reasonable maintenance of the mobilehome and its premises
pursuant to existing park rules and regulations.
(d) If the homeowner files for bankruptcy, the periods set forth
in this section are tolled until the mobilehome is released from
bankruptcy.
(e) Notwithstanding any other provision of law, including, but not
limited to, Section 18099.5 of the Health and Safety Code, if
neither the legal owner nor a junior lienholder notifies the
management of its decision pursuant to subdivision (a) within the
period allowed, or performs as agreed within 30 days, or if a
registered owner of a mobilehome, that is not encumbered by a lien
held by a legal owner or a junior lienholder, fails to comply with a
notice of termination and is either legally evicted or vacates the
premises, the management may either remove the mobilehome from the
premises and place it in storage or store it on its site. In this
case, notwithstanding any other provision of law, the management
shall have a warehouseman's lien in accordance with Section 7209 of
the Commercial Code against the mobilehome for the costs of
dismantling and moving, if appropriate, as well as storage, that
shall be superior to all other liens, except the lien provided for in
Section 18116.1 of the Health and Safety Code, and may enforce the
lien pursuant to Section 7210 of the Commercial Code either after the
date of judgment in an unlawful detainer action or after the date
the mobilehome is physically vacated by the resident, whichever
occurs earlier. Upon completion of any sale to enforce the
warehouseman's lien in accordance with Section 7210 of the Commercial
Code, the management shall provide the purchaser at the sale with
evidence of the sale, as shall be specified by the Department of
Housing and Community Development, that shall, upon proper request by
the purchaser of the mobilehome, register title to the mobilehome to
this purchaser, whether or not there existed a legal owner or junior
lienholder on this title to the mobilehome.
(f) All written notices required by this section shall be sent to
the other party by certified or registered mail with return receipt
Page 5 of 8CA Codes (civ:798.55-798.61)
requested.
(g) Satisfaction, pursuant to this section, of the homeowner's
accrued or accruing responsibilities and liabilities shall not cure
the default of the homeowner.
798.57. The management shall set forth in a notice of termination,
the reason relied upon for the termination with specific facts to
permit determination of the date, place, witnesses, and circumstances
concerning that reason. Neither reference to the section number or
a subdivision thereof, nor a recital of the language of this article
will constitute compliance with this section.
798.58. Tenancy may only be terminated for reasons contained in
Section 798.56, and a tenancy may not be terminated for the purpose
of making a homeowner's site available for a person who purchased or
proposes to purchase, or rents or proposes to rent, a mobilehome from
the owner of the park or the owner's agent.
798.59. A homeowner shall give written notice to the management of
not less than 60 days before vacating his or her tenancy.
798.60. The provisions of this article shall not affect any rights
or proceedings set forth in Chapter 4 (commencing with Section 1159)
of Title 3 of Part 3 of the Code of Civil Procedure except as
otherwise provided herein.
798.61. (a) (1) As used in this section, "abandoned mobilehome"
means a mobilehome about which all of the following are true:
(A) It is located in a mobilehome park on a site for which no rent
has been paid to the management for the preceding 60 days.
(B) It is unoccupied.
(C) A reasonable person would believe it to be abandoned.
(2) For purposes of this section:
(A) "Mobilehome" shall include a trailer coach, as defined in
Section 635 of the Vehicle Code, or a recreational vehicle, as
defined in Section 18010 of the Health and Safety Code, if the
trailer coach or recreational vehicle also satisfies the requirements
of paragraph (1), including being located on any site within a
mobilehome park, even if the site is in a separate designated section
pursuant to Section 18215 of the Health and Safety Code.
(B) "Abandoned mobilehome" shall include a mobilehome that is
uninhabitable because of its total or partial destruction that cannot
be rehabilitated, if the mobilehome also satisfies the requirements
of paragraph (1).
(b) After determining a mobilehome in a mobilehome park to be an
abandoned mobilehome, the management shall post a notice of belief of
abandonment on the mobilehome for not less than 30 days, and shall
deposit copies of the notice in the United States mail, postage
prepaid, addressed to the homeowner at the last known address and to
any known registered owner, if different from the homeowner, and to
any known holder of a security interest in the abandoned mobilehome.
This notice shall be mailed by registered or certified mail with a
return receipt requested.
Page 6 of 8CA Codes (civ:798.55-798.61) Page 7 of 8
(c) Thirty or more days following posting pursuant to subdivision
(b), the management may file a petition in the superior court in the
county in which the mobilehome park is located, for a judicial
declaration of abandonment of the mobilehome. A proceeding under
this subdivision is a limited civil case. Copies of the petition
shall be served upon the homeowner, any known registered owner, and
any known person having a lien or security interest of record in the
mobilehome by posting a copy on the mobilehome and mailing copies to
those persons at their last known addresses by registered or
certified mail with a return receipt requested in the United States
mail, postage prepaid.
(d) (1) Bearing on the petition shall be given precedence over
other matters on the court's calendar.
(2) If, at the hearing, the petitioner shows by a preponderance of
the evidence that the criteria for an abandoned mobilehome has been
satisfied and no party establishes an interest therein at the
hearing, the court shall enter a judgment of abandonment, determine
the amount of charges to which the petitioner is entitled, and award
attorney's fees and costs to the petitioner. For purposes of this
subdivision, an interest in the mobilehome shall be established by
evidence of a right to possession of the mobilehome or a security or
ownership interest in the mobilehome.
(3) A default may be entered by the court clerk upon request of
the petitioner, and a default judgment shall be thereupon entered, if
no responsive pleading is filed within 15 days after service of the
petition by mail.
(e) (1) Within 10 days following a judgment of abandonment, the
management shall enter the abandoned mobilehome and complete an
inventory of the contents and submit the inventory to the court.
(2) During this period the management shall post and mail notice
of intent to sell the abandoned mobilehome and its contents under
this section, and announcing the date of sale, in the same manner as
provided for the notice of determination of abandonment under
subdivision (b).
(3) At any time prior to the sale of a mobilehome under this
section, any person having a right to possession of the mobilehome
may recover and remove it from the premises upon payment to the
management of all rent or other charges due, including reasonable
costs of storage and other costs awarded by the court. Upon receipt
of this payment and removal of the mobilehome from the premises
pursuant to this paragraph, the management shall immediately file an
acknowledgment of satisfaction of judgment pursuant to Section
724.030 of the Code of Civil Procedure.
(f) Following the judgment of abandonment, but not less than 10
days following the notice of sale specified in subdivision (e), the
management may conduct a public sale of the abandoned mobilehome and
its contents. The management may bid at the sale and shall have the
right to offset its bids to the extent of the total amount due it
under this section. The proceeds of the sale shall be retained by
the management, but any unclaimed amount thus retained over and above
the amount to which the management is entitled under this section
shall be deemed abandoned property and shall be paid into the
treasury of the county in which the sale took place within 30 days of
the date of the sale. The former homeowner or any other owner may
claim any or all of that unclaimed amount within one year from the
date of payment to the county by making application to the county
treasurer or other official designated by the county. If the county
pays any or all of that unclaimed amount to a claimant, neither the
county nor any officer or employee of the county is liable to any
other claimant as to the amount paid.
(g) Within 30 days of the date of the sale, the management shallCA Codes (civ:798.55-798.61)
Page 8 of 8
submit to the court an accounting of the moneys received from the
sale and the disposition of the money and the items contained in the
inventory submitted to the court pursuant to subdivision (e).
(h) The management shall provide the purchaser at the sale with a
copy of the judgment of abandonment and evidence of the sale, as
shall be specified by the State Department of Sousing and Community
Development or the Department of Motor Vehicles, which shall register
title in the abandoned mobilehome to the purchaser upon presentation
thereof. The sale shall pass title to the purchaser free of any
prior interest, including any security interest or lien, except the
lien provided for in Section 18116.1 of the Health and Safety Code,
in the abandoned mobilehome.CA Codes (civ:799-799.2.5)
CIVIL CODE
SECTION 799-799.2.5
799. As used in this article:
(a) "Ownership or management" means the ownership or management of
a subdivision, cooperative, or condominium for mobilehomes, or of a
resident-owned mobilehome park.
(b) "Resident" means a person who maintains a residence in a
subdivision, cooperative, or condominium for mobilehomes, or a
resident-owned mobilehome park.
(c) "Resident-owned mobilehome park" means any entity other than a
subdivision, cooperative, or condominium for mobilehomes, through
which the residents have an ownership interest in the mobilehome
park.
799.1. This article shall govern the rights of a resident who has
an ownership interest in the subdivision, cooperative, or condominium
for mobilehomes, or a resident-owned mobilehome park in which his or
her mobilehome is located or installed. In a subdivision,
cooperative, or condominium for mobilehomes, or a resident-owned
mobilehome park, Articles 1 (commencing with Section 798) to 8
(commencing with Section 798.84), inclusive, shall apply only to a
resident who does not have an ownership interest in the subdivision,
cooperative, or condominium for mobilehomes, or the resident-owned
mobilehome park, in which his or her mobilehome is located or
installed.
799.1.5. A homeowner or resident, or an heir, joint tenant, or
personal representative of the estate who gains ownership of a
mobilehome through the death of the resident of the mobilehome who
was a resident at the time of his or her death, or the agent of any
of those persons, may advertise the sale or exchange of his or her
mobilehome or, if not prohibited by the terms of an agreement with
the management or ownership, may advertise the rental of his or her
mobilehome by displaying a sign in the window of the mobilehome, or
by a sign posted on the side of the mobilehome facing the street, or
by a sign in front of the mobilehome facing the street, stating that
the mobilehome is for sale or exchange or, if not prohibited, for
rent by the owner of the mobilehome or his or her agent. Any such
person also may display a sign conforming to these requirements
indicating that the mobilehome is on display for an "open house,"
unless the park rules prohibit the display of an open house sign. The
sign shall state the name, address, and telephone number of the
owner of the mobilehome or his or her agent. The sign face may not
exceed 24 inches in width and 36 inches in height. Signs posted in
front of a mobilehome pursuant to this section may be of an H-frame
or A-frame design with the sign face perpendicular to, but not
extending into, the street. A homeowner or resident, or an heir,
joint tenant, or personal representative of the estate who gains
ownership of a mebilehome through the death of the resident of the
mobilehome who was a resident at the time of his or her death, or the
agent of any of those persons, may attach to the sign or their
mobilehome tubes or holders for leaflets that provide information on
the mobilehome for sale, exchange, or rent.
Page 1 of 4CA Codes (eiv:799-799.2.5) Page 2 of 4
799.2. The ownership or management shall not show or list for sale
a mobilehome owned by a resident without first obtaining the resident'
s written authorization. The authorization shall specify the teLus
and conditions regarding the showing or listing.
Nothing contained in this section shall be construed to affect the
provisions of the Health and Safety Code governing the licensing of
mobilehome salesmen.
799.3. The ownership or management shall not require the removal of
a mobilehome from a subdivision, cooperative, or condominium for
mobilehomes, or resident-owned mobilehome park in the event of its
sale to a third party.
799.4. The ownership or management may require the right to prior
approval of the purchaser of a mobilehome that will remain in the
subdivision, cooperative, or condominium for mobilehomes, or
resident-owned mobilehome park and that the selling resident, or his
or her agent give notice of the sale to the ownership or management
before the close of the sale. Approval cannot be withheld if the
purchaser has the financial ability to pay the fees and charges of
the subdivision, cooperative, or condominium for mobilehomes, or
resident-owned mobilehome park unless the ownership or management
reasonably determines that, based on the purchaser's prior
residences, he or she will not comply with the rules and regulations
of the subdivision, cooperative, or condominium for mobilehomes, or
resident-owned mobilehome park.
799.5. The ownership or management may require that a purchaser of
•a mobilehome that will remain in the subdivision, cooperative, or
condominium for mobilehomes, or resident-owned mobilehome park comply
with any rule or regulation limiting residency based on age
requirements for housing for older persons, provided that the rule or
regulation complies with the provisions of the federal Fair Housing
Act, as amended by Public Law 104-76, and implementing regulations.
799.6. No agreement shall contain any provision by which the
purchaser waives his or her rights under the provisions of this
article. Any such waiver shall be deemed contrary to public policy
and void and unenforceable.
799.7. The ownership or management shall provide, by posting notice
on the mobilehomes of all affected homeowners and residents, at
least 72 hours' written advance notice of an interruption in utility
service of more than two hours for the maintenance, repair, or
replacement of facilities of utility systems over which the
management has control within the subdivision, cooperative, or
condominium for mobilehomes, or resident-owned mobilehome park, if
the interruption is not due to an emergency. The ownership or
management shall be liable only for actual damages sustained by a
homeowner or resident for violation of this section.
10CACodes(civ:799-799.2.5) Page3 of4
"Emergency," for purposes of this section, means the interruption
of utility service resulting from an accident or act of nature, or
cessation of service caused by other than the management's regular or
planned maintenance, relDair, or replacement of utility facilities.
799.8. The management, at the time of an application for residency,
shall disclose in writing to any person who proposes to purchase or
install a manufactured home or mobilehome on a space or lot, on which
the construction of the pad or foundation system commenced after
September 1, 1986, and no other manufactured home or mobilehome was
previously located, installed, or occupied, that the manufactured
home or mobilehome may be subject to a school facilities fee under
Sections 53080 and 53080.4 of, and Chapter 4.9 (commencing with
Section 65995) of Division I of Title 7 of, the Government Code.
799.9. (a) A senior homeowner may share his or her mobilehome with
any person 18 years of age or older if that person is providing
live-in health care, live-in supportive care, or supervision to the
homeowner pursuant to a written treatment plan prepared by a
physician and surgeon. A fee shall not be charged by management for
that person_ That person shall have no rights of tenancy in, and
shall comply with the rules and regulations of, the subdivision,
cooperative, or condominium for mobilehomes, or resident-owned
mobilehome park. As used in this subdivision, "senior homeowner"
means a homeowner or resident who is 55 years of age or older.
(b) A senior homeowner who resides in a subdivision, cooperative,
or condominium for mobilehomes, or a resident-owned mobilehome park,
that has implemented rules or regulations limiting residency based on
age requirements for housing for older persons, pursuant to Section
799.3, may share his or her mobilehome with any person 18 years of
age or older if this person is a parent, sibling, child, or
grandchild of the senior homeowner and requires live-in health care,
live-in supportive care, or supervision pursuant to a written
treatment plan prepared by a physician and surgeon. A fee shall not
he charged by management for that person. Unless otherwise agreed
upon, the management shall not be required to manage, supervise, or
provide for this person's care during his or her stay in the
subdivision, cooperative or condominium for mobilehomes, or
resident-owned mobilehome park. That person shall have no rights of
tenancy in, and shall comply with the rules and regulations of, the
subdivision, cooperative, or condominium for mobilehomes, or
resident-owned mobilehome park. As used in this subdivision, "senior
homeowner" means a homeowner or resident who is 55 years of age or
older.
799_10. A resident may not be prohibited from displaying a
political campaign sign relating to a candidate for election to
public office or to the initiative, referendum, or recall process in
the window or on the side of a manufactured home or mobilehome, or
within the site on which the home is located or installed. The size
of the face of a political sign may not exceed six square feet, and
the sign may not be displayed in excess of a period of time from 90
days prior to an election to 15 days following the election, unless a
local ordinance within the jurisdiction where the manufactured home
or mobilehome subject to this article is located imposes a more
ICA Codes (civ:799-799.2.5)
Page 4 of 4
restrictive period of time for the display of such a sign. In the
event of a conflict between the provisions of this section and the
provisions of Title 6 (commencing with Section 1350) of Part 4 of
Division 2, relating to the size and display of political campaign
signs, the provisions of this section shall prevail.
799.2.5. (a) Except as provided in subdivision ( p), the ownership
or management shall have no right of entry to a mobilehome without
the prior written consent of the resident. The consent may be revoked
in writing by the resident at any time. The ownership or management
shall have a right of entry upon the land upon which a mobilehome is
situated for maintenance of utilities, trees, and driveways, for
maintenance of the premises in accordance with the rules and
regulations of the subdivision, cooperative, or condominium for
mobilehomes, or resident-owned mobilehome park when the homeowner or
resident fails to so maintain the premises, and protection of the
subdivision, cooperative, or condominium for mobilehomes, or
resident-owned mobilehome park at any reasonable time, but not in a
manner or at a time that would interfere with the resident's quiet
enjoyment.
(b) The ownership or management may enter a mobilehome without the
prior written consent of the resident in case of an emergency or
when the resident has abandoned the mobilehome.
1zGOVERNMENT CODE
SECTION 65850-65863.13
65850.
The legislative body of any county or city may, pursuant to
this chapter, adopt ordinances that do any of the following:
• (a) Regulate the use of buildings, structures, and land as between
industry, business, residences, open space, including agriculture,
recreation, enjoyment of scenic beauty, use of natural resources, and
other purposes.
(b) Regulate signs and billboards.
(c) Regulate all of the following:
(1) The location, height, bulk, number of stories, and size of
buildings and structures.
(2) The size and use of lots, yards, courts, and other open
spaces.
(3) The percentage of a lot which may be occupied by a building or
structure.
(4) The intensity of land use.
(d) Establish requirements for offstreet parking and loading.
(e) Establish and maintain building setback lines.
(f) Create civic districts around civic centers, public parks,
public buildings, or public grounds, and establish regulations for
those civic districts.
65850.1. (a) The legislative body of any city or county may adopt
an ordinance or other regulation governing the issuance of permits to
engage in the use of property for occasional commercial filming on
location. This section shall not limit the discretion of a city or
county to limit, condition, or deny the use of property for
occasional commercial filming on location to protect the public
health, safety, or welfare.
(b) All ordinances and regulations enacted by a city or county
regulating by permit the use of property for occasional commercial
filming on location shall not be subject to zoning ordinances or
other land use regulations of that jurisdiction unless the filming
ordinance or regulation expressly states that it is subject to, or
governed by, those zoning ordinances or other land use regulations.
(c) The use of property for occasional commercial filming on
location engaged in pursuant to a filming permit issued by a city or
county shall be permitted in any zone unless the zoning ordinance Or
other land use regulations of the jurisdiction expressly prohibit
filming in that zone.
65850.2. (a) Each city and each county shall include, in its
information list compiled pursuant to Section 65940 for development
projects, or application form for projects that do not require a
development permit other than a building permit, both of the
following:
(1) The requirement that the owner or authorized agent shall
13indicate whether the owner or authorized agent will need to comply
with the applicable requirements of Section 25505 and Article 2
(commencing with Section 25531) of Chapter 6.95 of Division 20 of the
Health and Safety Code or the requirements for a permit for
construction or modification from the air pollution control district
or air quality management district exercising jurisdiction in the
area governed by the city or county.
(2) The requirement that the owner or authorized agent certify
whether or not the proposed project will have more than a threshold
quantity of a regulated substance in a process or will contain a
source or modified source of hazardous air emissions.
(b) A city or county shall not find the application complete
pursuant to Section 65943 or approve a development project or a
building permit for a project that does not require a development
permit other than a building permit, in which a regulated substance
will be present in a process in quantities greater than the
applicable threshold quantity, unless the owner or authorized agent
for the project first obtains, from the administering agency with
jurisdiction over the facility, a notice of requirement to comply
with, or determination of exemption from, the requirement to prepare
and submit an RMP. Within five days of submitting the project
application to the city or county, the applicant shall submit the
information required pursuant to paragraph (2) of subdivision (a) to
the administering agency. This notice of requirement to comply with,
or determination of exemption from, the requirement for an RMP shall
be provided by the administering agency to the applicant, and the
applicant shall provide the notice to the city or county within 25
days of the administering agency receiving adequate information from
the applicant to make a determination as to the requirement for an
RMP. The requirement to submit an RMP to the administering agency
shall be met prior to the issuance of a certificate of occupancy or
its substantial equivalent. The owner or authorized agent shall
submit, to the city or county, certification from the air pollution
control officer that the owner or authorized agent has provided the
disclosures required pursuant to Section 42303 of the Health and
Safety Code.
(c)A city or county shall not issue a final certificate of
occupancy or its substantial equivalent unless there is verification
from the administering agency, if required by law, that the owner or
authorized agent has met, or is meeting, the applicable requirements
of Section 25505 and Article 2 (commencing with Section 25531) of
Chapter 6.95 of Division 20 of the Health and Safety Code, and the
requirements for a permit, if required by law, from the air pollution
control district or air quality management district exercising
jurisdiction in the area governed by the city or county or has
provided proof from the appropriate district that the permit
requirements do not apply to the owner or authorized agent.
(d) The city or county, after considering the recommendations of
the administering agency or air pollution control district or air
quality management district, shall decide whether, and under what
conditions, to allow construction of the site.
(e)Nothing in this section limits any existing authority of a
district to require compliance with its rules and regulations.
(f) Counties and cities may adopt a schedule of fees for
applications for compliance with this section sufficient to recover
their reasonable costs of carrying out this section. Those fees
shall be used only for the implementation of this section.(g) As used in this section, the following terms have the
following meaning:
(1) "Administering agency," "process," "regulated substance,"
"RMP," and "threshold quantity" have the same meaning as set forth
for those terms in Section 25.532 of the Health and Safety Code.
(2) "Hazardous air emissions" means emissions into the ambient air
of air contaminants that have been identified as a toxic air
contaminant by the State Air Resources Board or by the air pollution
control officer for the jurisdiction in which the project is located.
As determined by the air pollution control officer, "hazardous air
emissions" also means emissions into the ambient air of any substance
identified in subdivisions (a) to (f), inclusive, of Section 44321
of the Health and Safety Code.
(h)Any misrepresentation of information required by this section
shall be grounds for denial, suspension, or revocation of project
approval or permit issuance. The owner or authorized agent required
to comply with this section shall notify all future occupants of
their potential duty to comply with the requirements of Section 25505
and Article 2 (commencing with Section 25531) of Chapter 6.95 of
Division 20 of the Health and Safety Code.
(i)This section does not apply to applications solely for
residential construction.
65850.3. Any ordinance adopted by the legislative body of a city or
county that regulates amateur radio station antenna structures shall
allow those structures to be erected at heights and dimensions
sufficient to accommodate amateur radio service communications, shall
not preclude amateur radio service communications, shall reasonably
accommodate amateur radio service communications, and shall
constitute the minimum practicable regulation to accomplish the city'
s or county's legitimate purpose.
It is the intent of the Legislature in adding this section to the
Government Code, to codify in state law the provisions of Section
97.15 of Title 47 of the Code of Federal Regulations, which expresses
the Federal Communications Commission's limited preemption of local
regulations governing amateur radio station facilities.
65850.4. (a) The legislative body of any county or city may
regulate, pursuant to a content neutral ordinance, the time, place,
and manner of operation of sexually oriented businesses, when the
ordinance is designed to serve a substantial governmental interest,
does not unreasonably limit alternative avenues of communication, and
is based on narrow, objective, and definite standards. The
legislative body is entitled to rely on the experiences of other
counties and cities and on the findings of court cases in
establishing the reasonableness of the ordinance and its relevance to
the specific problems it addresses, including the harmful secondary
effects that the business may have on the community and its proximity
to churches, schools, residences, establishments dispensing alcohol,
and other sexually oriented businesses.
(b) For purposes of this section, a sexually oriented business is
one whose primary purpose is the sale or display of matter that,
because of its sexually explicit nature, may, pursuant to state lawor local regulatory authority, be offered only to persons over the
age of 18 years.
(c) This section shall not be construed to preempt the legislative
body of any city or county from regulating a sexually oriented
business or similar establishment in the manner and to the extent
permitted by the United States Constitution and the California
Constitution.
(d) It is the intent of the Legislature to authorize the
legislative body of any city or county to enter into a legally
sanctioned and appropriate cooperative agreement, consortium, or
joint powers authority with other adjacent cities or counties
regarding regulation of established negative secondary effects of
adult or sexually oriented businesses if the actions taken by the
legislative body are consistent with this section.
(e) The Legislature finds and declares that in order to encourage
the legislative body of a city or county in regulating adult or
sexually oriented businesses or similar businesses under this
section, the legislative body may consider any harmful secondary
effects such a business may have on adjacent cities and counties and
its proximity to churches, schools, residents, and other businesses
located in adjacent cities or counties.
65850.5. (a) The implementation of consistent statewide standards
to achieve the timely and cost-effective installation of solar energy
systems is not a municipal affair, as that term is used in Section 5
of Article XI of the California Constitution, but is instead a
matter of statewide concern. It is the intent of the Legislature
that local agencies not adopt ordinances that create unreasonable
barriers to the installation of solar energy systems, including, but
not limited to, design review for aesthetic purposes, and not
unreasonably restrict the ability of homeowners and agricultural and
business concerns to install solar energy systems. It is the policy
of the state to promote and encourage the use of solar energy systems
and to limit obstacles to their use. It is the intent of the
Legislature that local agencies comply not only with the language of
this section, but also the legislative intent to encourage the
installation of solar energy systems by removing obstacles to, and
minimizing costs of, permitting for such systems.
(b)A city or county shall administratively approve applications
to install solar energy systems through the issuance of a building
permit or similar nondiscretionary permit. Review of the application
to install a solar energy system shall be limited to the building
official's review of whether it meets all health and safety
requirements of local, state, and federal law. The requirements of
local law shall be limited to those standards and regulations
necessary to ensure that the solar energy system will not have a
specific, adverse impact upon the public health or safety. However,
if the building official of the city or county has a good faith
belief that the solar energy system could have a specific, adverse
impact upon the public health and safety, the city or county may
require the applicant to apply for a use -permit.
(c)A city or county may not deny an application for a use permit
to install a solar energy system unless it makes written findings
based upon substantial evidence in the record that the proposed
installation would have a specific, adverse impact upon the public
Cohealth or safety, and there is no feasible method to satisfactorily
mitigate or avoid the specific, adverse impact. The findings shall
include the basis for the rejection of potential feasible
alternatives of preventing the adverse impact.
(d) The decision of the building official pursuant to subdivisions
(b) and (c) may be appealed to the planning commission of the city
or county.
(e) Any conditions imposed on an application to install a solar
energy system shall be designed to mitigate the specific, adverse
impact upon the public health and safety at the lowest cost possible.
(f) (1) A solar energy system shall meet applicable health and
safety standards and requirements imposed by state and local
permitting authorities.
(2)A solar energy system for heating water shall be certified by
the Solar Rating Certification Corporation (SRCC) or other nationally
recognized certification agency. SRCC is a nonprofit third party
supported by the United States Department of Energy. The
certification shall be for the entire solar energy system and
installation.
(3)A solar energy system for producing electricity shall meet all
applicable safety and performance standards established by the
National Electrical Code, the Institute of Electrical and Electronics
Engineers, and accredited testing laboratories such as Underwriters
Laboratories and, where applicable, rules of the Public Utilities
Commission regarding safety and reliability.
(g) The following definitions apply to this section:
(1) "A feasible method to satisfactorily mitigate or avoid the
specific, adverse impact" includes, but is not limited to, any
cost-effective method, condition, or mitigation imposed by a city or
county on another similarly situated application in a prior
successful application for a permit. A city or county shall use its
hest efforts to ensure that the selected method, condition, or
mitigation meets the conditions of subparagraphs (A) and (B) of
paragraph (1) of subdivision (d) of Section 714 of the Civil Code.
(2) "Solar energy system" has the same meaning set forth in
paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the
Civil Code.
(3) A "specific, adverse impact" means a significant,
quantifiable, direct, and unavoidable impact, based on objective,
identified, and written public health or safety standards, policies,
or conditions as they existed on the date the application was deemed
complete.
65850.6. (a) A collocation facility shall be a permitted use not
subject to a city or county discretionary permit if it satisfies the
following requirements:
(1) The collocation facility is consistent with requirements for
the wireless telecommunications collocation facility pursuant to
subdivision (b) on which the collocation facility is proposed.
(2) The wireless telecommunications collocation facility on which
the collocation facility is proposed was subject to a discretionary
permit by the city or county and an environmental impact report was
certified, or a negative declaration or mitigated negative
declaration was adopted for the wireless telecommunications
collocation facility in compliance with the California Environmental
17Quality Act (Division 13 (commencing with Section 21000) of the
Public Resources Code), the requirements of Section 21166 do not
apply, and the collocation facility incorporates required mitigation
measures specified in that environmental impact report, negative
declaration, or mitigated negative declaration.
(b) A wireless telecommunications collocation facility, where a
subsequent collocation facility is a permitted use not subject to a
city or county discretionary permit pursuant to subdivision (a),
shall be subject to a city or county discretionary permit issued on
or after January 1, 2007, and shall comply with all of the following:
(1) City or county requirements for a wireless telecommunications
collocation facility that specifies types of wireless
telecommunications facilities that are allowed to include a
collocation facility, or types of wireless telecommunications
facilities that are allowed to include certain types of collocation
facilities; height, location, bulk, and size of the wireless
telecommunications collocation facility; percentage of the wireless
telecommunications collocation facility that may be occupied by
collocation facilities; and aesthetic or design requirements for the
wireless telecommunications collocation facility.
(2) City or county requirements for a proposed collocation
facility, including any types of collocation facilities that may be
allowed on a wireless telecommunications collocation facility;
height, location, bulk, and size of allowed collocation facilities;
and aesthetic or design requirements for a collocation facility.
(3) State and local requirements, including the general plan, any
applicable community plan or specific plan, and zoning ordinance.
(4) The California Environmental Quality Act (Division 13
(commencing with Section 21000) of the Public Resources Code) through
certification of an environmental impact report, or adoption of a
negative declaration or mitigated negative declaration.
(c) The city or county shall hold at least one public hearing on
the discretionary permit required pursuant to subdivision (b) and
notice shall be given pursuant to Section 65091, unless otherwise
required by this division.
(d) For purposes of this section, the following definitions apply:
(1) "Collocation facility" means the placement or installation of
wireless facilities, including antennas, and related equipment, on,
or immediately adjacent to, a wireless telecommunications collocation
facility.
(2) "Wireless telecommunications facility" means equipment and
network components such as towers, utility poles, transmitters, base
stations, and emergency power systems that are integral to providing
wireless telecommunications services.
(3) "Wireless telecommunications collocation facility" means a
wireless telecommunications facility that includes collocation
facilities.
(e) The Legislature finds and declares that a collocation
facility, as defined in this section, has a significant economic
impact in California and is not a municipal affair as that term is
used in Section 5 of Article XI of the California Constitution, but
is a matter of statewide concern.
(f) With respect to the consideration of the environmental effects
of radio frequency emissions, the review by the city or county shall
be limited to that authorized by Section 332(c) (7) of Title 47 of
Isthe United States Code, or as that section may be hereafter amended.
65851. For such puLposes the legislative body may divide a county,
a city, or portions thereof, into zones of the number, shape and area
it deems best suited to carry out the purpose of this chapter.
65852. All such regulations shall be uniform for each class or kind
of building or use of land throughout each zone, but the regulation
in one type of zone may differ from those in other types of zones.
65852.1. (a) Notwithstanding Section 65906, any city, including a
charter city, county, or city and county may issue a zoning variance,
special use permit, or conditional use permit for a dwelling unit to
be constructed, or which is attached to or detached from, a primary
residence on a parcel zoned for a single-family residence, if the
dwelling unit is intended for the sole occupancy of one adult or two
adult persons who are 62 years of age or over, and the area of
floorspace of the attached dwelling unit does not exceed 30 percent
of the existing living area or the area of the floorspace of the
detached dwelling unit does not exceed 1,200 square feet.
This section shall not be construed to limit the requirements of
Section 65852.2, or the power of local governments to permit second
units.
(b) This section shall become inoperative on January 1, 2007, and
shall have no effect thereafter, except that any zoning variance,
special use permit, or conditional use permit issued for a dwelling
unit before January 1, 2007, pursuant to this section shall remain
valid, and a dwelling unit constructed pursuant to such a zoning
variance, special use permit, or conditional use permit shall be
considered in compliance with all relevant laws, ordinances, rules,
and regulations after January 1, 2007.
65852.150. The Legislature finds and declares that second units are
a valuable form of housing in California. Second units provide
housing for family members, students, the elderly, in-home health
care providers, the disabled, and others, at below market prices
within existing neighborhoods. Homeowners who create second units
benefit from added income, and an increased sense of security.
It is the intent of the Legislature that any second-unit
ordinances adopted by local agencies have the effect of providing for
the creation of second units and that provisions in these ordinances
relating to matters including unit size, parking, fees and other
requirements, are not so arbitrary, excessive, or burdensome so as to
unreasonably restrict the ability of homeowners to create second
units in zones in which they are authorized by local ordinance.
65852.2. (a) (1) Any local agency may, by ordinance, provide for
iqthe creation of second units in single-family and multifamily
residential zones. The ordinance may do any of the following:
(A) Designate areas within the jurisdiction of the local agency
where second units may be permitted. The designation of areas may be
based on criteria, that may include, but are not limited to, the
adequacy of water and sewer services and the impact of second units
on traffic flow.
(B) Impose standards on second units that include, but are not
limited to, parking, height, setback, lot coverage, architectural
review, maximum size of a unit, and standards that prevent adverse
impacts on any real property that is listed in the California
Register of Historic Places.
(C) Provide that second units do not exceed the allowable density
for the lot upon which the second unit is located, and that second
units are a residential use that is consistent with the existing
general plan and zoning designation for the lot.
(2) The ordinance shall not be considered in the application of
any local ordinance, policy, or program to limit residential growth.
(3) When a local agency receives its first application on or after
July 1, 2003, for a permit pursuant to this subdivision, the
application shall be considered ministerially without discretionary
review or a hearing, notwithstanding Section 65901 or 65906 or any
local ordinance regulating the issuance of variances or special use
permits. Nothing in this paragraph may be construed to require a
local government to adopt or amend an ordinance for the creation of
second units. A local agency may charge a fee to reimburse it for
costs that it incurs as a result of amendments to this paragraph
enacted during the 2001-02 Regular Session of the Legislature,
including the costs of adopting or amending any ordinance that
provides for the creation of second units.
(b) (1) When a local agency which has not adopted an ordinance
governing second units in accordance with subdivision (a) or (c)
receives its first application on'or after July 1, 1983, for a permit
pursuant to this subdivision, the local agency shall accept the
application and approve or disapprove the application ministerially
without discretionary review pursuant to this subdivision unless it
adopts an ordinance in accordance with subdivision (a) or (c) within
120 days after receiving the application. Notwithstanding Section
65901 or 65906, every local agency shall grant a variance or special
use permit for the creation of a second unit if the second unit
complies with all of the following:
(A) The unit is not intended for sale and may be rented.
(B)The lot is zoned for single-family or multifamily use.
(C)The lot contains an existing single-family dwelling.
(D) The second unit is either attached to the existing dwelling
and located within the living area of the existing dwelling or
detached from the existing dwelling and located on the same lot as
the existing dwelling.
(E)The increased floor area of an attached second unit shall not
exceed 30 percent of the existing living area.
(F)The total area of floorspace for a detached second unit shall
not exceed 1,200 square feet.
(G)Requirements relating to height, setback, lot coverage,
architectural review, site plan review, fees, charges, and other
zoning requirements generally applicable to residential construction
in the zone in which the property is located.(H) Local building code requirements which apply to detached
dwellings, as appropriate.
(I) Approval by the local health officer where a private sewage
disposal system is being used, if required.
(2) No other local ordinance, policy, or regulation shall be the
basis for the denial of a building petmit or a use permit under this
subdivision.
(3) This subdivision establishes the maximum standards that local
agencies shall use to evaluate proposed second units on lots zoned
for residential use which contain an existing single-family dwelling.
No additional standards, other than those provided in this
subdivision or subdivision (a), shall be utilized or imposed, except
that a local agency may require an applicant for a permit issued
pursuant to this subdivision to be an owner-occupant.
(4) No changes in zoning ordinances or other ordinances or any
changes in the general plan shall be required to implement this
subdivision. Any local agency may amend its zoning ordinance or
general plan to incorporate the policies, procedures, or other
provisions applicable to the creation of second units if these
provisions are consistent with the limitations of this subdivision.
(5) A second unit which conforms to the requirements of this
subdivision shall not be considered to exceed the allowable density
for the lot upon which it is located, and shall be deemed to be a
residential use which is consistent with the existing general plan
and zoning designations for the lot. The second units shall not be
considered in the application of any local ordinance, policy, or
program to limit residential growth.
(c) No local agency shall adopt an ordinance which totally
precludes second units within single-family or multifamily zoned
areas unless the ordinance contains findings acknowledging that the
ordinance may limit housing opportunities of the region and further
contains findings that specific adverse impacts on the public health,
safety, and welfare that would result from allowing second units
within single-family and multifamily zoned areas justify adopting the
ordinance.
(d) A local agency may establish minimum and maximum unit size
requirements for both attached and detached second units. No minimum
or maximum size for a second unit, or size based upon a percentage
of the existing dwelling, shall be established by ordinance for
either attached or detached dwellings which does not permit at least
an efficiency unit to be constructed in compliance with local
development standards.
(e) Parking requirements for second units shall not exceed one
parking space per unit or per bedroom. Additional parking may be
required provided that a finding is made that the additional parking
requirements are directly related to the use of the second unit and
are consistent with existing neighborhood standards applicable to
existing dwellings. Off-street parking shall be permitted in setback
areas in locations determined by the local agency or through tandem
parking, unless specific findings are made that parking in setback
areas or tandem parking is not feasible based upon specific site or
regional topographical or fire and life safety conditions, or that it
is not permitted anywhere else in the jurisdiction.
(f) Fees charged for the construction of second units shall be
determined in accordance with Chapter 5 (commencing with Section
66000).
(g) This section does not limit the authority of local agencies to
11adopt less restrictive requirements for the creation of second
units.
(h) Local agencies shall submit a copy of the ordinances adopted
pursuant to subdivision (a) or (c) to the Department of Housing and
Community Development within 60 days after adoption.
(i) As used in this section, the following terms mean:
(1) "Living area," means the interior habitable area of a dwelling
unit including basements and attics but does not include a garage or
any accessory structure.
(2) "Local agency" means a city, county, or city and county,
whether general law or chartered.
(3)For purposes of this section, "neighborhood" has the same
meaning as set forth in Section 65589.5.
(4) "Second unit" means an attached or a detached residential
dwelling unit which provides complete independent living facilities
for one or more persons. It shall include permanent provisions for
living, sleeping, eating, cooking, and sanitation on the same parcel
as the single-family dwelling is situated. A second unit also
includes the following:
(A)An efficiency unit, as defined in Section 17958.1 of Health
and Safety Code.
(B)A manufactured home, as defined in Section 18007 of the Health
and Safety Code.
(j) Nothing in this section shall be construed to supersede or in
any way alter or lessen the effect or application of the California
Coastal Act (Division 20 (commencing with Section 30000) of the
Public Resources Code), except that the local government shall not be
required to hold public hearings for coastal development permit
applications for second units.
65852.25. (a) No local agency shall enact or enforce any ordinance,
regulation, or resolution that would prohibit the reconstruction,
restoration, or rebuilding of a multifamily dwelling that is
involuntarily damaged or destroyed by fire, other catastrophic event,
or the public enemy.
(b) Notwithstanding subdivision (a), a local agency may prohibit
the reconstruction, restoration, or rebuilding of a multifamily
dwelling that is involuntarily damaged or destroyed by fire, other
catastrophic event, or the public enemy, if the local agency
determines that:
(1)The reconstruction, restoration, or rebuilding will be
detrimental or injurious to the health, safety, or general welfare of
persons residing or working in the neighborhood, or will be
detrimental or injurious to property and improvements in the
neighborhood.
(2) The existing nonconforming use of the building or structure
would be more appropriately moved to a zone in which the use is
permitted, or that there no longer exists a zone in which the
existing nonconforming use is permitted.
(c) The dwelling may be reconstructed, restored, or rebuilt up to
its predamaged size and number of dwelling units, and its
nonconforming use, if any, may be resumed.
(d) Any reconstruction, restoration, or rebuilding undertaken
pursuant to this section shall conform to all of the following:
(1) The California Building Standards Code as that code was in
2Zeffect at the time of reconstruction, restoration, or rebuilding.
(2) Any more restrictive local building standards authorized
pursuant to Sections 13869.7, 17958.7, and 18941.5 of the Health and
Safety Code, as those standards were in effect at the time of
reconstruction, restoration, or rebuilding.
(3) The State Historical Building Code (Part 2.7 (commencing with
Section 18950) of Division 13 of the Health and Safety Code) for work
on qualified historical buildings or structures.
(4) Local zoning ordinances, so long as the predamage size and
number of dwelling units are maintained.
(5) Architectural regulations and standards, so long as the
predamage size and number of dwelling units are maintained.
(6) A building permit which shall be obtained within two years
after the date of the damage or destruction.
(e) A local agency may enact or enforce an ordinance, regulation,
or resolution that grants greater or more permissive rights to
restore, reconstruct, or rebuild a multifamily dwelling.
(f) Notwithstanding subdivision (a), a local agency may prohibit
the reconstruction, restoration, or rebuilding of a multifamily
dwelling that is involuntarily damaged or destroyed by fire, other
catastrophic event, or by the public enemy, if the building is
located in an industrial zone.
(g) For purposes of this section, "multifamily dwelling" is
defined as any structure designed for human habitation that is
divided into two or more independent living quarters.
65852.3. (a) A city, including a charter city, county, or city and
county, shall allow the installation of manufactured homes certified
under the National Manufactured Housing Construction and Safety
Standards Act of 1974 (42 U.S.C. Secs. 5401 et seq.) on a foundation
system, pursuant to Section 18551 of the Health and Safety Code, on
lots zoned for conventional single-family residential dwellings.
Except with respect to architectural requirements, a city, including
a charter city, county, or city and county, shall only subject the
manufactured home and the lot on which it is placed to the same
development standards to which a conventional single-family
residential dwelling on the same lot would be subject, including, but
not limited to, building setback standards, side and rear yard
requirements, standards for enclosures, access, and vehicle parking,
aesthetic requirements, and minimum square footage requirements. Any
architectural requirements imposed on the manufactured home
structure itself, exclusive of any requirement for any and all
additional enclosures, shall be limited to its roof overhang, roofing
material, and siding material. These architectural requirements may
be imposed on manufactured homes even if similar requirements are
not imposed on conventional single-family residential dwellings.
However, any architectural requirements for roofing and siding
material shall not exceed those which would be required of
conventional single-family dwellings constructed on the same lot. At
the discretion of the local legislative body, the city or county may
preclude installation of a manufactured home in zones specified in
this section if more than 10 years have elapsed between the date of
manufacture of the manufactured home and the date of the application
for the issuance of a permit to install the manufactured home in the
affected zone. In no case may a city, including a charter city,
Z5county, or city and county, apply any development standards that will
have the effect of precluding manufactured homes from being
installed as permanent residences_
(b) At the discretion of the local legislative body, any place,
building, structure, or other object having a special character or
special historical interest or value, and which is regulated by a
legislative body pursuant to Section 37361, may be exempted from this
section, provided the place, building, structure, or other object is
listed on the National Register of Historic Places.
65852.4. A city, including a charter city, a county, or a city and
county, shall not subject an application to locate or install a
manufactured home certified under the National Manufactured Housing
Construction and Safety Standards Act of 1974 (42 U.S.C. Sec. 5401 et
seq.) on a foundation system, pursuant to Section 18551 of the
Health and Safety Code, on a lot zoned for a single-family
residential dwelling, to any administrative permit, planning, or
development process or requirement, which is not identical to the
administrative permit, planning, or development process or
requirement which would be imposed on a conventional single-family
residential dwelling on the same lot. However, a city, including a
charter city, county, or city and county, may require the application
to comply with the city's, county's, or city and county's
architectural requirements permitted by Section 65852.3 even if the
architectural requirements are not required of conventional
single-family residential dwellings.
65852.5. Notwithstanding the provisions of Section 65852.3, no
city, including a charter city, county, or city and county, may
impose size req uirements for a roof overhang of a manufactured home
subject to the provisions of Section 65852. 3, unless the same size
requirements also would he imposed on a conventional single-family
residential dwelling constructed on the same lot. However, when
there are no size requirements for roof overhangs for both
manufactured homes and conventional single-family residential
dwellings, a city, including a charter city, county, city and county,
may impose a roof overhang on manufactured homes not to exceed 16
inches.
65852.6. (a) It is the policy of the state to permit breeding and
the maintaining of homing pigeons consistent with the preservation of
public health and safety.
(b) For purposes of this section, a "homing pigeon," sometimes
referred to as a racing pigeon, is a bird of the order Columbae. It
does not fall in the category of "fowl" which includes chickens,
turkeys, ducks, geese, and other domesticated birds other than
pigeons.
21165852.7. A mobilehome park, as defined in Section 18214 of the
Health and Safety Code, shall be deemed a permitted land use on all
land planned and zoned for residential land use as designated by the
applicable general plan; provided, however, that a city, county, or a
city and county may require a use permit. For purposes of this
section, "mobilehome park" also means a mobilehome development
constructed according to the requirements of Part 2.1 (commencing
with Section 18200) of Division 13 of the Health and Safety Code, and
intended for use and sale as a mobilehome condominium or cooperative
park, or as a mobilehome planned unit development. The provisions
of this section shall apply to a city, including a charter city, a
county, or a city and county.
65852.9. (a) The Legislature recognizes that unused schoolsites
represent a potentially major source of revenue for school districts
and that current law reserves a percentage of unused schoolsites for
park and recreational purposes. It is therefore the intent of the
Legislature to ensure that unused schoolsites not leased or purchased
for park or recreational purposes pursuant to Article 5 (commencing
with Section 17485) of Chapter 4 of Part 10.5 of the Education Code
can be developed to the same extent as is permitted on adjacent
property. It is further the intent of the Legislature to expedite the
process of zoning the property to avoid unnecessary costs and delays
to the school district. However, school districts shall be charged
for the administrative costs of this rezoning.
(b) If all of the public entities enumerated in Section 17489 of
the Education Code decline a school district's offer to sell or lease
school property pursuant to Article 5 (commencing with Section 17485
of Chapter 4 of Part 10.5 of the Education Code, the city or county
having zoning jurisdiction over the property shall, upon request of
the school district, zone the schoolsite as defined in Section 39392
of the Education Code, consistent with the provisions of the
applicable general and specific plans and compatible with the uses of
property surrounding the schoolsite. The schoolsite shall be given
the same land use control treatment as if it were privately owned. In
no event shall the city or county, prior to the school district's
sale or lease of the schoolsite, rezone the site to open-space, park
or recreation, or similar designation unless the adjacent property is
so zoned, or if so requested or agreed to by the school district.
(c) A rezoning effected pursuant to this section shall be subject
to any applicable procedural requirements of state law or of the city
or county.
(d) A school district that requests a zoning change pursuant to
this section shall, in the fiscal year in which the city or county
incurs costs in effecting the requested zoning change, reimburse the
city or county for the actual costs incurred by it.
65852.11. (a) No city or county, including a charter city, county,
or city and county, which has adopted or enacted a local rent control
ordinance for mobilehome park spaces, shall adopt or enforce any
ordinance, rule, or regulation that prohibits or limits the duration
of rental agreements or leases for any space contained within any
manufactured housing community, as defined in Section 18801 of the
25Health and Safety Code, or within any mobilehome park, as defined in
Section 18214 of the Health and Safety Code, that is new
construction, if the enactment operates to circumvent the provisions
of Section 798.7 of the Civil Code.
(b) As used in this section, "new construction" means:
(1) For mohilehome parks, any newly constructed space, pursuant to
Section 798.7 of the Civil Code.
(2) For manufactured housing communities, any space initially held
out for rent after January 1, 1993.
(c) A mobilehome park that is considered "new construction"
pursuant to this section, and that complies with Section 18801 of the
Health and Safety Code, may be converted to a manufactured housing
community without losing its "new construction" designation.
65853. A zoning ordinance or an amendment to a zoning ordinance,
which amendment changes any property from one zone to another or
imposes any regulation listed in Section 65850 not theretofore
imposed or removes or modifies any such regulation theretofore
imposed shall be adopted in the manner set forth in Sections 65854 to
65857, inclusive. Any other amendment to a zoning ordinance may be
adopted as other ordinances are adopted.
When the legislative body has requested the planning commission to
study and report upon a zoning ordinance or amendment which is
within the scope of this section and the planning commission fails to
act upon such request within a reasonable time, the legislative body
may, by written notice, require the planning commission to render
its report within 40 days. Upon receipt of the written notice the
planning commission, if it has not done so, shall conduct the public
hearing as required by Section 65854. Failure to so report to the
legislative body within the above time period shall be deemed to be
approval of the proposed zoning ordinance or amendment to a zoning
ordinance.
65854. The planning commission shall hold a public hearing on the
proposed zoning ordinance or amendment to a zoning ordinance. Notice
of the hearing shall be given pursuant to Section 65090 and, if the
proposed ordinance or amendment to a zoning ordinance affects the
permitted uses of real property, notice shall also be given pursuant
to Section 65091.
65855. After the hearing, the planning commission shall render its
decision in the form of a written recommendation to the legislative
body. Such recommendation shall include the reasons for the
recommendation, the relationship of the proposed ordinance or
amendment to applicable general and specific plans, and shall be
transmitted to the legislative body in such form and manner as may be
specified by the legislative body.
65856. (a) Upon receipt of the recommendation of the planning
26commission, the legislative body shall hold a public hearing.
However, if the matter under consideration is an amendment to a
zoning ordinance to change property from one zone to another, and the
planning commission has recommended against the adoption of such
amendment, the legislative body shall not be required to take any
further action on the amendment unless otherwise provided by
ordinance or unless an interested party requests a hearing by filing
a written request with the clerk of the legislative body within five
days after the planning commission files its recommendations with the
legislative body.
(b) Notice of the hearing shall be given pursuant to Section
65090.
65857. The legislative body may approve, modify or disapprove the
recommendation of the planning commission; provided that any
modification of the proposed ordinance or amendment by the
legislative body not previously considered by the planning commission
during its hearing, shall first be referred to the planning
commission for report and recommendation, but the planning commission
shall not be required to hold a public hearing thereon. Failure of
the planning commission to report within forty (40) days after the
reference, or such longer period as may be designated by the
legislative body, shall be deemed to be approval of the proposed
modification.
65858. (a) Without following the procedures otherwise required
prior to the adoption of a zoning ordinance, the legislative body of
a county, city, including a charter city, or city and county, to
protect the public safety, health, and welfare, may adopt as an
urgency measure an interim ordinance prohibiting any uses that may be
in conflict with a contemplated general plan, specific plan, or
zoning proposal that the legislative body, planning commission or the
planning department is considering or studying or intends to study
within a reasonable time. That urgency measure shall require a
four-fifths vote of the legislative body for adoption. The interim
ordinance shall be of no further force and effect 45 days from its
date of adoption. After notice pursuant to Section 65090 and public
hearing, the legislative body may extend the interim ordinance for 10
months and 15 days and subsequently extend the interim ordinance for
one year. Any extension shall also require a four-fifths vote for
adoption. Not more than two extensions may be adopted.
(b) Alternatively, an interim ordinance may he adopted by a
four-fifths vote following notice pursuant to Section 65090 and
public hearing, in which case it shall be of no further force and
effect 45 days from its date of adoption. After notice pursuant to
Section 65090 and public hearing, the legislative body may by a
four-fifths vote extend the interim ordinance for 22 months and 15
days
(c) The legislative body shall not adopt or extend any interim
ordinance pursuant to this section unless the ordinance contains
legislative findings that there is a current and immediate threat to
the public health, safety, or welfare, and that the approval of
additional subdivisions, use permits, variances, building permits, or
27any other applicable entitlement for use which is required in order
to comply with a zoning ordinance would result in that threat to
public health, safety, or welfare. In addition, any interim
ordinance adopted pursuant to this section that has the effect of
denying approvals needed for the development of projects with a
significant component of multifamily housing may not be extended
except upon written findings adopted by the legislative body,
supported by substantial evidence on the record, that all of the
following conditions exist:
(1)The continued approval of the development of multifamily
housing projects would have a specific, adverse impact upon the
public health or safety. As used in this paragraph, a "specific,
adverse impact" means a significant, quantifiable, direct, and
unavoidable impact, based on objective, identified written public
health or safety standards, policies, or conditions as they existed
on the date that the ordinance is adopted by the legislative body.
(2)The interim ordinance is necessary to mitigate or avoid the
specific, adverse impact identified pursuant to paragraph (1).
(3)There is no feasible alternative to satisfactorily mitigate or
avoid the specific, adverse impact identified pursuant to paragraph
Cl) as well or better, with a less burdensome or restrictive effect,
than the adoption of the proposed interim ordinance.
(d)Ten days prior to the expiration of that interim ordinance or
any extension, the legislative body shall issue a written report
describing the measures taken to alleviate the condition which led to
the adoption of the ordinance.
(e) When an interim ordinance has been adopted, every subsequent
ordinance adopted pursuant to this section, covering the whole or a
part of the same property, shall automatically terminate and be of no
further force or effect upon the termination of the first interim
ordinance or any extension of the ordinance as provided in this
section.
(f)Notwithstanding subdivision (e), upon termination of a prior
interim ordinance, the legislative body may adopt another interim
ordinance pursuant to this section provided that the new interim
ordinance is adopted to protect the public safety, health, and
welfare from an event, occurrence, or set of circumstances different
from the event, occurrence, or set of circumstances that led to the
adoption of the prior interim ordinance.
(g) For purposes of this section, "development of multifamily
housing projects" does not include the demolition, conversion,
redevelopment, or rehabilitation of multifamily housing that is
affordable to lower income households, as defined in Section 50079.5
of the Health and Safety Code, or that will result in an increase in
the price or reduction of the number of affordable units in a
multifamily housing project.
(h) For purposes of this section, "projects with a significant
component of multifamily housing" means projects in which multifamily
housing consists of at least one-third of the total square footage
of the project.
65859. (a) A city may, pursuant to this chapter, prezone
unincorporated territory to determine the zoning that will apply to
that territory upon annexation to the city.
The zoning shall become effective at the same time that the
annexation becomes effective.
ZS(b) Pursuant to Section 56375, those cities subject to that
provision shall complete prezoning proceedings as required by law.
(c)
If a city has not prezoned territory which is annexed, it may
adopt an interim ordinance pursuant to Section 65858.
65860. (a) County or city zoning ordinances shall be consistent
with the general plan of the county or city by January 1, 1974. A
zoning ordinance shall be consistent with a city or county general
plan only if both of the following conditions are met:
(1) The city or county has officially adopted such a plan.
(2) The various land uses authorized by the ordinance are
compatible with the objectives, policies, general land uses, and
programs specified in the plan.
(b) Any resident or property owner within a city or a county, as
the case may be, may bring an action or proceeding in the superior
court to enforce compliance with subdivision (a). Any such action or
proceeding shall be governed by Chapter 2 (commencing with Section
1084) of Title 1 of Part 3 of the Code of Civil Procedure. No action
or proceeding shall be maintained pursuant to this section by any
person unless the action or proceeding is commenced and service is
made on the legislative body within 90 days of the enactment of any
new zoning ordinance or the amendment of any existing zoning
ordinance.
(c) In the event that a zoning ordinance becomes inconsistent with
a general plan by reason of amendment to the plan, or to any element
of the plan, the zoning ordinance shall be amended within a
reasonable time so that it is consistent with the general plan as
amended.
(d)Notwithstanding Section 65803, this section shall apply in a
charter city of 2,000,000 or more population to a zoning ordinance
adopted prior to January 1, 1979, which zoning ordinance shall be
consistent with the general plan of the city by July 1, 1982.
65861. When there is no planning commission, the legislative body
of the city or county shall do all things required or authorized by
this chapter of the planning commission.
65862. When inconsistency between the general plan and zoning
arises as a result of adoption of or amendment to a general plan, or
any element thereof, hearings held pursuant to Section 65854 or 65856
for the purpose of bringing zoning into consistency with the general
plan, as required by Section 65860, may be held at the same time as
hearings held for the purpose of adopting or amending a general plan,
or any element thereof. However, the hearing on the general plan
amendment may, at the discretion of the local agency, be concluded
prior to any consideration of adoption of a zoning change.
It is the intent of the Legislature, in enacting this section,
that local agencies shall, to the extent possible, concurrently
process applications for general plan amendments and zoning changes
which are needed to permit development so as to expedite processing
of such applications.65863. (a) Each city, county, or city and county shall ensure that
its housing element inventory described in paragraph (3) of
subdivision (a) of Section 65583 or its housing element program to
make sites available pursuant to paragraph (1) of subdivision (c) of
Section 65583 can accommodate its share of the regional housing need
pursuant to Section 65564, throughout the planning period.
(b) No city, county, or city and county shall, by administrative,
quasi-judicial, legislative, or other action, reduce, or require or
permit the reduction of, the residential density for any parcel to,
or allow development of any parcel at, a lower residential density,
as defined in paragraphs (1), and (2) of subdivision (h), unless the
city, county, or city and county makes written findings supported by
substantial evidence of both of the following:
(1) The reduction is consistent with the adopted general plan,
including the housing element.
(2) The remaining sites identified in the housing element are
adequate to accommodate the jurisdiction's share of the regional
housing need pursuant to Section 65584.
(c) If a reduction in residential density for any parcel would
result in the remaining sites in the housing element not being
adequate to accommodate the jurisdiction's share of the regional
housing need pursuant to Section 65584, the jurisdiction may reduce
the density on that parcel if it identifies sufficient additional,
adequate, and available sites with an equal or greater residential
density in the jurisdiction so that there is no net loss of
residential unit capacity.
(d) The requirements of this section shall be in addition to any
other law that may restrict or limit the reduction of residential
density.
(e) If a court finds that an action of a city, county, or city and
county is in violation of this section, the court shall award to the
plaintiff or petitioner who proposed the housing development,
reasonable attorney's fees and costs of suit, except under
extraordinary circumstances in which the court finds that awarding
fees would not further the purposes of this section or the court
finds that the action was frivolous. This subdivision shall remain
operative only until January I, 2007, and as of that date is no
longer operative, unless a later enacted statute that is enacted
before January 1, 2007, deletes or extends that date.
(f) This section requires that a city, county, or city and county
be solely responsible for compliance with this section, unless a
project applicant requests in his or her initial application, as
submitted, a density that would result in the remaining sites in the
housing element not being adequate to accommodate the jurisdiction's
share of the regional housing need pursuant to Section 65584. In that
case, the city, county, or city and county may require the project
applicant to comply with this section. The submission of an
application for purposes of this subdivision does not depend on the
application being deemed complete or being accepted by the city,
county, or city and county.
(g) This section shall not be construed to apply to parcels that,
prior to January 1, 2003, were either (1) subject to a development
agreement, or (2) parcels for which an application for a subdivision
map had been submitted.
30(h) (1) If the local jurisdiction has adopted a housing element
for the current planning period that is in substantial compliance
with Article 10.6 (commencing with Section 65580) of Chapter 3, for
purposes of this section, "lower residential density" means the
following:
DO For sites zoned for residential use and identified in the
local jurisdiction' housing element inventory described in paragraph
(3) of subdivision (a) of Section 65583, a density below the density
used in the inventory to determine the total housing unit capacity.
(B) For sites that have been or will be rezoned pursuant to the
local jurisdiction's housing element program described in paragraph
(1) of subdivision (c) of Section 65583, a density below the density
used to determine the housing unit capacity of the rezoned site.
(2) If the local jurisdiction has not adopted a housing element
for the current planning period within 90 days of the deadline
established by Section 65588 for purposes of this section, or the
adopted housing element is not in substantial compliance with Article
10.6 (commencing with Section 65580) of Chapter 3 within 180 days of
the deadline established by Section 65588, "lower residential
density" means a density that is lower than 80 percent of the maximum
allowable residential density for that parcel. For the purposes of
this paragraph, if the council of governments fails to complete a
final housing need allocation pursuant to the deadlines established
by Section 65584.05, the deadline for adoption of the housing element
and determining substantial compliance shall be extended by a time
period equal to the delay incurred by the council of governments in
completing the final housing need allocation.
65863.4. (a) Prior to noticing a public hearing on a proposed
zoning ordinance or amendment to a zoning ordinance reducing the
density permitted on property authorized for multifamily dwelling
uses, the planning commission and legislative body shall approve a
nonconforming use ordinance for multifamily dwellings that are
involuntarily damaged or destroyed, which may be conditioned on the
approval of an ordinance or amendment to a zoning ordinance reducing
the density permitted on property authorized for multifamily dwelling
uses.
(b) The planning commission and legislative body shall hold a
public hearing on the proposed nonconforming use ordinance. Notice
of the public hearing shall be given pursuant to Section 65090. If
this hearing is held at the same time as a hearing under Section
65353 or 65854, notice for the hearings may be combined.
(c)A nonconforming multifamily dwelling ordinance need not apply
to multifamily dwellings which have been abandoned for a specified
period prior to being involuntarily damaged or destroyed, or to
multifamily dwellings constituting a public nuisance prior to being
involuntarily damaged or destroyed.
(d) For purposes of this section, "multifamily dwelling" means any
structure designed for human habitation that has been divided into
two or more legally created independent living quarters.
(e) This section shall not apply to either of the following:
(1) A city, county, or city and county that has adopted a
nonconforming use ordinance that applies to multifamily dwellings
that are involuntarily damaged or destroyed.
(2) A proposed zoning ordinance or amendment to a zoning ordinance
31reducing the density permitted on property authorized for
multifamily dwelling uses, that has been requested by the owner of
the property authorized for multifamily dwelling uses.
65853.5. Whenever the zoning covering a property is changed from
one zone to another or a zoning variance or conditional use permit is
granted with respect to any property, the governing body of the city
or county shall, within 30 days, notify the county assessor of such
action.
Notwithstanding Section 65803, this section shall apply to charter
cities.
65863.5. In carrying out the provisions of this chapter, each
county and city shall consider the efffect of ordinances adopted
pursuant to this chapter on the housing needs of the region in which
the local jurisdiction is situated and balance these needs against
the public service needs of its residents and available fiscal and
environmental resources. Any ordinance adopted pursuant to this
chapter which, by its terms, limits the number of housing units which
may be constructed on an annual basis shall contain findings as to
the public health, safety, and welfare of the city or county to be
promoted by the adoption of the ordinance which justify reducing the
housing opportunities of the region.
65863.7. (a) Prior to the conversion of a mobilehome park to
another use, except pursuant to the Subdivision Map Act (Division 2
(commencing with Section 66410) of Title 7), or prior to closure of a
mobilehome park or cessation of use of the land as a mobilehome
park, the person or entity proposing the change in use shall file a
report on the imcact of the conversion, closure, or cessation use
upon the the displaced residents of the mobilehome park to be converted
or closed. In determining the impact of the conversion, closure, or
cessation of use on displaced mobilehome park residents, the report
shall address the availability of adequate replacement housing in
mobilehome parks and relocation costs.
(b) The person proposing the change in use shall provide a copy of
the report to a resident of each mobilehome in the mobilehome park
at least 15 days prior to the hearing, if any, on the impact report
by the advisory agency, or if there is no advisory agency, by the
legislative body.
(c) When the impact report is filed prior to the closure or
cessation of use, the person or entity proposing the change shall
provide a copy of the report to a resident of each mobilehome in the
mobilehome park at the same time as the notice of the change is
provided to the residents pursuant to paragraph (2) of subdivision
(f)of Section 798.56 of the Civil Code.
(d) When the impact report is filed prior to the closure or
cessation of use, the person or entity filing the report or park
resident may request, and shall have a right to, a hearing before the
legislative body on the sufficiency of the report.
(e) The legislative body, or its delegated advisory agency, shall
review the report, prior to any change of use, and may require, as a
32condition of the change, the person or entity to take steps to
mitigate any adverse impact of the conversion, closure, or cessation
of use on the ability of displaced mobilehome park residents to find
adequate housing in a mobilehome park. The steps required to be
taken to mitigate shall not exceed the reasonable costs of
relocation.
(f) If the closure or cessation of use of a mobilehome park
results from an adjudication of bankruptcy, the provisions of this
section shall not be applicable.
(g) The legislative body may establish reasonable fees pursuant to
Section 66016 to cover any costs incurred by the local agency in
implementing this section and Section 65863.8. Those fees shall be
paid by the person or entity proposing the change in use.
(h) This section is applicable to charter cities.
(i) This section is applicable when the closure, cessation, or
change of use is the result of a decision by a local governmental
entity or planning agency not to renew a conditional use permit or
zoning variance under which the mobilehome park has operated, or as a
result of any other zoning or planning decision, action, or
inaction. In this case, the local governmental agency is the person
proposing the change in use for the purposes of preparing the impact
report required by this section and is required to take steps to
mitigate the adverse impact of the change as may be required in
subdivision (e).
(j) This section is applicable when the closure, cessation, or
change of use is the result of a decision by an enforcement agency,
as defined in Section 18207 of the Health and Safety Code, to suspend
the permit to operate the mobilehome park. In this case, the
mobilehome park owner is the person proposing the change in use for
purposes of preparing the impact report required by this section and
is required to take steps to mitigate the adverse impact of the
change as may be required in subdivision (e).
65863.8. A local agency to which application has been made for the
conversion of a mobilehome park to another use shall, at least 30
days prior to a hearing or any other action on the application;
inform the applicant in writing of the provisions of Section 798.56
of the Civil Code and all applicable local requirements which impose
upon the applicant a duty to notify residents and mobilehome owners
of the mobilehome park of the proposed change in use, and shall
specify therein the manner in which the applicant shall verify that
residents and mobilehome owners of the mobilehome park have been
notified of the proposed change in use. Neither a hearing on the
application, nor any other action thereon, shall be taken by the
local agency before the applicant has satisfactorily verified that
the residents and mobilehome owners have been so notified, in the
manner prescribed by law or local regulation.
65863.3. Unless an earlier expiration appears on the face of the
permit, any permit which is issued by a local agency in conjunction
with a tentative subdivision map for a planned unit development shall
expire no sooner than the approved tentative map, or any extension
thereof, whichever occurs later.
33Local coastal development permits issued by a local agency in
conjunction with a tentative subdivision map for a planned unit
development shall expire no sooner than the approved tentative map,
and any extension of the map shall be in accordance with the
applicable local coastal program, if any, which is in effect.
65863.10. (a) As used in this section, the following terms have the
following meaning:
(1) "Affected public entities" means the mayor of the city in
which the assisted housing development is located, or, if located in
an unincorporated area, the chair of the board of supervisors of the
county; the appropriate local public housing authority, if any; and
the Department of Housing and Community Development.
(2) "Affected tenant" means a tenant household residing in an
assisted housing development, as defined in paragraph (3), at the
time notice is required to be provided pursuant to this section, that
benefits from the government assistance.
(3) "Assisted housing development" means a multifamily rental
housing development that receives governmental assistance under any
of the following federal programs:
(A.) New construction, substantial rehabilitation, moderate
rehabilitation, property disposition, and loan management set-aside
programs, or any other program providing project-based assistance,
under Section 8 of the United States Housing Act of 1937, as amended
(42 U.S.C. Sec. 1437f).
(B) The following federal programs:
(i) The Below-Market-Interest-Rate Program under Section 221(d)(3)
of the National Housing Act (12 U.S.C. Sec. 17151(d)(3) and (5)).
(ii) Section 236 of the National Housing Act (12 U.S.C. Sec.
1715z-1).
(iii) Section 242 of the Housing Act of 1959 (12 U.S.C. Sec.
1701q).
(C) Programs for rent supplement assistance under Section 101 of
the Housing and Urban Development Act of 1965, as amended (12 U.S.C.
Sec. 1701s).
(D) Programs under Section 515 of the Housing Act of 1949, as
amended (42 U.S.C. Sec. 1485).
(B) Section 42 of the Internal Revenue Code.
(4) "City" means a general law city, a charter city, or a city and
county.
(5) "Expiration of rental restrictions" means the expiration of
rental restrictions for an assisted housing development described in
subparagraph (E) of paragraph (3) unless the development has other
recorded agreements restricting the rent to the same or lesser levels
for at least 50 percent of the units.
(6) "Prepayment" means the payment in full or refinancing of the
federally insured or federally held mortgage indebtedness prior to
its original maturity date, or the voluntary cancellation of mortgage
insurance, on an assisted housing development described in
subparagraph (B) of paragraph (3) that would have the effect of
removing the current low-income affordability restrictions contained
in the applicable laws and the regulatory agreement.
(7) "Termination" means an owner's decision not to extend or renew
its participation in a federal subsidy program for an assisted
housing development described in subparagraph (A) of paragraph (3),
34either at or prior to the scheduled date of the expiration of the
contract, that may result in an increase in tenant rents or a change
in the form of the subsidy from project-based to tenant-based.
(b) (1) At least 12 months prior to the anticipated date of the
termination of a subsidy contract, expiration of rental restrictions,
or prepayment on an assisted housing development, the owner
proposing the termination or prepayment of governmental assistance or
the owner of an assisted housing development in which there will be
the expiration of rental restrictions shall provide a notice of the
proposed change to each affected tenant household residing in the
assisted housing development at the time the notice is provided and
to the affected public entities. An owner who meets the requirements
of Section 65863.13 shall be exempt from providing that notice. The
notice shall contain all of the following:
(A) In the event of termination, a statement that the owner
intends to terminate the subsidy contract or rental restrictions upon
its expiration date, or the expiration date of any contract
extension thereto.
(B) In the event of the expiration of rental restrictions, a
statement that the restrictions will expire and whether the owner
intends to increase rents greater than permitted under Section 42 of
the Internal Revenue Code.
(C) In the event of prepayment, a statement that the owner intends
to pay in full or refinance the federally insured or federally held
mortgage indebtedness prior to its original maturity date, or
voluntarily cancel the mortgage insurance.
(D) The anticipated date of the termination, prepayment of the
federal program or expiration of rental restrictions, and the
identity of the federal program described in subdivision (a).
(E) A statement that the proposed change would have the effect of
removing the current low-income affordability restrictions in the
applicable contract or regulatory agreement.
(F) A statement of the possibility that the housing may remain in
the federal program after the proposed date of termination of the
subsidy contract or prepayment if the owner elects to do so under the
terms of the federal government's offer.
(G)A statement that other governmental assistance may be provided
to tenants residing in the development at the time of the
termination of the subsidy contract or prepayment.
(H)A statement that a subsequent notice of the proposed change,
including anticipated changes in rents, if any, for the development,
will be provided at least six months prior to the anticipated date of
termination of the subsidy contract, or expiration of rental
restrictions, or prepayment.
(I)A statement of notice of opportunity to submit an offer to
purchase, as required in Section 65863.11.
(2) Notwithstanding paragraph (1), if an owner provides a copy of
a federally required notice of termination of a subsidy contract or
prepayment at least 12 months prior to the proposed change to each
affected tenant household residing in the assisted housing
development at the time the notice is provided and to the affected
public entities, the owner shall be deemed in compliance with this
subdivision, if the notice is in compliance with all federal laws.
However, the federally required notice does not satisfy the
requirements of Section 65863.11.
(c) (1) At least six months prior to the anticipated date of
termination of a subsidy contract, expiration of rental restrictions
35or prepayment on an assisted housing development, the owner proposing
the termination or prepayment of governmental assistance or the
owner of an assisted housing development in which there will be the
expiration of rental restrictions under Section 42 of the Internal
Revenue Code shall provide a notice of the proposed change to each
affected tenant household residing in the assisted housing
development at the time the notice is provided and to the affected
public entities. An owner who meets the requirements of Section
G5863.13 shall be exempt from providing that notice.
(2) The notice to the tenants shall contain all of the following:
(A) The anticipated date of the termination or prepayment of the
federal program, or expiration of rental restrictions, and the
identity of the federal program, as described in subdivision (a).
(B) The current rent and anticipated new rent for the unit on the
date of the prepayment or termination of the federal program, or
expiration of rental restrictions.
(C)A statement that a copy of the notice will he sent to the city
, county, or city and county, where the assisted housing development
is located, to the appropriate local public housing authority, if
any, and to the Department of Housing and Community Development.
(D)A statement of the possibility that the housing may remain in
the federal program after the proposed date Of subsidy termination or
prepayment if the owner elects to do so under the terms of the
federal government's offer or that a rent increase may not take place
due to the expiration of rental restrictions.
(E)A statement of the owner's intention to participate in any
current replacement federal subsidy program made available to the
affected tenants.
(F) The name and telephone number of the city, county, or city and
county, the appropriate local public housing authority, if any, the
Department of Housing and Community Development, and a legal services
organization, that can be contacted to request additional written
information about an owner's responsibilities and the rights and
options of an affected tenant.
(3) In addition to the information provided in the notice to the
affected tenant, the notice to the affected public entities shall
contain information regarding the number of affected tenants in the
project, the number of units that are government assisted and the
type of assistance, the number of the units that are not government
assisted, the number of bedrooms in each unit that is government
assisted, and the ages and income of the affected tenants. The
notice shall briefly describe the owner's plans for the project,
including any timetables or deadlines for actions to be taken and
specific governmental approvals that are required to be obtained, the
reason the owner seeks to terminate the subsidy contract or prepay
the mortgage, and any contacts the owner has made or is making with
other governmental agencies or other interested parties in connection
with the notice. The owner shall also attach a copy of any
federally required notice of the termination of the subsidy contract
or prepayment that was provided at least six months prior to the
proposed change. The information contained in the notice shall be
_based on data that is reasonably available from existing written
tenant and project records.
(d) The owner proposing the termination or prepayment of
governmental assistance or the owner of an assisted housing
development in which there will be the expiration of rentalrestrictions under Section 42 of the Internal Revenue Code shall
provide additional notice of any significant changes to the notice
required by subdivision (c) within seven business days to each
affected tenant household residing in the assisted housing
development at the time the notice is provided and to the affected
public entities. "Significant changes n shall include, but not be
limited to, any changes to the date of termination or prepayment, or
expiration of rental restrictions or the anticipated new rent.
(e)An owner who is subject to the requirements of this section
shall also provide a copy of any notices issued to existing tenants
pursuant to subdivision (b), (c), or (d) to any prospective tenant at
the time he or she is interviewed for eligibility.
(f) This section shall not require the owner to obtain or acquire
additional information that is not contained in the existing tenant
and project records, or to update any information in his or her
records. The owner shall not be held liable for any inaccuracies
contained in these records or from other sources, nor shall the owner
be liable to any party for providing this information.
(g) For purposes of this section, service of the notice to the
affected tenants, the city, county, or city and county, the
appropriate local public housing authority, if any, and the
Department of Housing and Community Development by the owner pursuant
to subdivisions (b) to (e), inclusive, shall be made by first-class
mail postage prepaid.
(h)Nothing in this section shall enlarge or diminish the
authority, if any, that a city, county, city and county, affected
tenant, or owner may have, independent of this section.
(i) If, prior to January 1, 2001, the owner has already accepted a
bona fide offer from a qualified entity, as defined in subdivision
(c) of Section 65863.11, and has complied with this section as it
existed prior to January 1, 2001, at the time the owner decides to
sell or otherwise dispose of the development, the owner shall be
deemed in compliance with this section.
(j) Injunctive relief shall be available to any party identified
in paragraph (1) or (2) of subdivision (a) who is aggrieved by a
violation of this section.
(k) The Director of Housing and Community Development shall
approve forms to be used by owners to comply with subdivisions (b)
and (c). Once the director has approved the forms, an owner shall
use the approved forms to comply with subdivisions (b) and (c).
(1) This section shall remain in effect only until January 1,
2011, and as of that date is repealed, unless a later enacted
statute, which is enacted on or before January 1, 2011, deletes or
extends that date.
65863.10. (a) As used in this section, the following terms have the
following meaning:
(1) "Affected public entities" means the mayor of the city in
which the assisted housing development is located, or, if located in
an unincorporated area, the chair of the board of supervisors of the
county; the appropriate local public housing authority, if any; and
the Department of Housing and Community Development.
(2) "Affected tenant" means a tenant household residing in an
assisted housing development, as defined in paragraph (3), at the
time notice is required to he provided pursuant to this section, thatbenefits from the government assistance.
(3) "Assisted housing development" means a multifamily rental
housing development that receives governmental assistance under any
of the following programs:
(A) New construction, substantial rehabilitation, moderate
rehabilitation, property disposition, and loan management set-aside
programs, or any other program providing project-based assistance,
under Section 8 of the United States Housing Act of 1937, as amended
(42 U.S.C. Sec. 1437f).
(B) The following federal programs:
(i) The Below-Market-Interest-Rate Program under Section 221(d)(3)
of the National Housing Act (12 U.S.C. Sec. 17151(d)(3) and (5)).
(ii) Section 236 of the National Housing Act (12 U.S.C. Sec.
1715z-1).
(iii) Section 202 of the Housing Act of 1959 (12 U.S.C. Sec.
1701q).
(C) Programs for rent supplement assistance under Section 101 of
the Housing and Urban Development Act of 1965, as amended (12 U.S.C.
Sec. 17015).
(D) Programs under Sections 514, 515, 516, 533, and 538 of the
Housing Act of 1949, as amended (42 U.S.C. Sec. 1485).
(E) Section 42 of the Internal Revenue Code.
(F) Section 142(d) of the Internal Revenue Code (tax-exempt
private activity mortgage revenue bonds).
(G) Section 147 of the Internal Revenue Code (Section 501(c)(3)
bonds)
(H) Title I of the Housing and Community Development Act of 1974,
as amended (Community Development Block Grant program).
(I) Title II of the Cranston-Gonzales National Affordable Housing
Act of 1990, as amended (HOME Investment Partnership Program).
(J) Titles IV and V of the McKinney-Vento Homeless Assistance Act
of 1987, as amended, including the Department of Housing and Urban
Development's Supportive Housing Program, Shelter Plus Care program,
and surplus federal property disposition program.
(K) Grants and loans made by the Department of Housing and
Community Development, including the Rental Housing Construction
Program, CHRP-R, and other rental housing finance programs.
(L) Chapter 1138 of the Statutes of 1987.
(M) The following assistance provided by counties or cities in
exchange for restrictions on the maximum rents that may be charged
for units within a multifamily rental housing development and on the
maximum tenant income as a condition of eligibility for occupancy of
the unit subject to the rent restriction, as reflected by a recorded
agreement with a county or city:
(i) Loans or grants provided using tax increment financing
pursuant to the Community Redevelopment Law (Part 1 (commencing with
Section 33000) of Division 24 of the Health and Safety Code).
(ii) Local housing trust funds, as referred to in paragraph (3) of
subdivision (a) of Section 50843 of the Health and Safety Code.
(iii) The sale or lease of public property at or below market
rates.
(iv) The granting of density bonuses, or concessions or
incentives, including fee waivers, parking variances, or amendments
to general plans, zoning, or redevelopment project area plans,
pursuant to Chapter 4.3 (commencing with Section 65915).
Assistance pursuant to this subparagraph shall not include the use
of tenant-based Housing Choice Vouchers (Section 8(o) of the United
3BStates Housing Act of 1937, 42 U.S.C. Sec. 1437f(o), excluding
subparagraph (13) relating to project-based assistance).
Restrictions shall not include any rent control or rent stabilization
ordinance imposed by a county, city, or city and county.
(4) "City" means a general law city, a charter city, or a city and
county.
(5)
"Expiration of rental restrictions" means the expiration of
rental restrictions for an assisted housing development described in
paragraph (3) unless the development has other recorded agreements
restricting the rent to the same or lesser levels for at least 50
percent of the units.
(6)
"Low or moderate income" means having an income as defined in
Section 50093 of the Health and Safety Code.
(7) "Prepayment" means the payment in full or refinancing of the
federally insured or federally held mortgage indebtedness prior to
its original maturity date, or the voluntary cancellation of mortgage
insurance, on an assisted housing development described in paragraph
(3) that would have the effect of removing the current rent or
occupancy or rent and occupancy restrictions contained in the
applicable laws and the regulatory agreement.
(8)
"Termination" means an owner's decision not to extend or renew
its participation in a federal, state, or local government subsidy
program or private, nongovernmental subsidy program for an assisted
housing development described in paragraph (3), either at or prior to
the scheduled date of the expiration of the contract, that may
result in an increase in tenant rents or a change in the form of the
subsidy from project-based to tenant-based.
(9)
"Very low income" means having an income as defined in Section
50052.5 of the Health and Safety Code.
(b) (1) At least 12 months prior to the anticipated date of the
termination of a subsidy contract, the expiration of rental
restrictions, or prepayment on an assisted housing development, the
owner proposing the termination or prepayment of governmental
assistance or the owner of an assisted housing development in which
there will be the expiration of rental restrictions shall provide a
notice of the proposed change to each affected tenant household
residing in the assisted housing development at the time the notice
is provided and to the affected public entities. An owner who meets
the requirements of Section 65863.13 shall be exempt from providing
that notice. The notice shall contain all of the following:
(A) In the event of termination, a statement that the owner
intends to terminate the subsidy contract or rental restrictions upon
its expiration date, or the expiration date of any contract
extension thereto.
(5) In the event of the expiration of rental restrictions, a
statement that the restrictions will expire, and in the event of
prepayment, termination, or the expiration of rental restrictions
whether the owner intends to increase rents during the 12 months
following prepayment, teimination, or the expiration of rental
restrictions to a level greater than permitted under Section 42 of
the Internal Revenue Code.
(C) In the event of prepayment, a statement that the owner intends
to pay in full or ref in.,. the federally insured or federally held
mortgage indebtedness prior to its original maturity date, or
voluntarily cancel the mortgage insurance.
(JD) The anticipated date of the termination, prepayment of the
federal or other program or expiration of rental restrictions, and
37the identity of the federal or other program described in subdivision
(a)
(E)A statement that the proposed change would have the effect of
removing the current low-income affordability restrictions in the
applicable contract or regulatory agreement.
(F)A statement of the possibility that the housing may remain in
the federal or other program after the proposed date of termination
of the subsidy contract or prepayment if the owner elects to do so
under the terms of the federal government's or other program operator'
s offer.
(G)A statement whether other governmental assistance will be
provided to tenants residing in the development at the time of the
termination of the subsidy contract or prepayment.
(H)A statement that a subsequent notice of the proposed change,
including anticipated changes in rents, if any, for the development,
will be provided at least six months prior to the anticipated date of
termination of the subsidy contract, or expiration of rental
restrictions, or prepayment.
(I)A statement of notice of opportunity to submit an offer to
purchase, as required in Section 65863.11.
(2) Notwithstanding paragraph (1), if an owner provides a copy of
a federally required notice of termination of a subsidy contract or
prepayment at least 12 months prior to the proposed change to each
affected tenant household residing in the assisted housing
development at the time the notice is provided and to the affected
public entities, the owner shall be deemed in compliance with this
subdivision, if the notice is in compliance with all federal laws.
However, the federally required notice does not satisfy the
requirements of Section 65863.11.
(c) (1) At least six months prior to the anticipated date of
termination of a subsidy contract, expiration of rental restrictions
or prepayment on an assisted housing development, the owner proposing
the termination or prepayment of governmental assistance or the
owner of an assisted housing development in which there will be the
expiration of rental restrictions shall provide a notice of the
proposed change to each affected tenant household residing in the
assisted housing development at the time the notice is provided and
to the affected public entities. An owner who meets the requirements
of Section 65863.13 shall be exempt from providing that notice.
(2) The notice to the tenants shall contain all of the following:
(A)The anticipated date of the termination or prepayment of the
federal or other program, or the expiration of rental restrictions,
and the identity of the federal or other program, as described in
subdivision (a).
(B)The current rent and rent anticipated for the unit during the
12 months immediately following the date of the prepayment or
termination of the federal or other program, or expiration of rental
restrictions.
(C)A statement that a copy of the notice will be sent to the
city, county, or city and county, where the assisted housing
development is located, to the appropriate local public housing
authority, if any, and to the Department of Housing and Community
Development.
(D)A statement of the possibility that the housing may remain in
the federal or other program after the proposed date of subsidy
termination or prepayment if the owner elects to do so under theterms of the federal government's or other program administrator's
offer or that a rent increase may not take place due to the
expiration of rental restrictions.
(E) A statement of the owner's intention to participate in any
current replacement subsidy program made available to the affected
tenants.
(F) The name and telephone number of the city, county, or city and
county, the appropriate local public housing authority, if any, the
Department of Housing and Community Development, and a legal services
organization, that can be contacted to request additional written
information about an owner's responsibilities and the rights and
options of an affected tenant.
(3) In addition to the information provided in the notice to the
affected tenant, the notice to the affected public entities shall
contain information regarding the number of affected tenants in the
project, the number of units that are government assisted and the
type of assistance, the number of the units that are not government
assisted, the number of bedrooms in each unit that is government
assisted, and the ages and income of the affected tenants. The
notice shall briefly describe the owner's plans for the project,
including any timetables or deadlines for actions to be taken and
specific governmental approvals that are required to be obtained, the
reason the owner seeks to terminate the subsidy contract or prepay
the mortgage, and any contacts the owner has made or is making with
other governmental agencies or other interested parties in connection
with the notice. The owner shall also attach a copy of any
federally required notice of the termination of the subsidy contract
or prepayment that was provided at least six months prior to the
proposed change. The information contained in the notice shall be
based on data that is reasonably available from existing written
tenant and project records.
(d) The owner proposing the termination or prepayment of
governmental assistance or the owner of an assisted housing
development in which there will be the expiration of rental
restrictions shall provide additional notice of any significant
changes to the notice required by subdivision (c) within seven
business days to each affected tenant household residing in the
assisted housing development at the time the notice is provided and
to the affected public entities. "Significant changes" shall
include, but not be limited to, any changes to the date of
termination or prepayment, or expiration of rental restrictions or
the anticipated new rent.
(e) An owner who is subject to the requirements of this section
shall also provide a copy of any notices issued to existing tenants
pursuant to subdivision (b), (c), or (d) to any prospective tenant at
the time he or she is interviewed for eligibility.
(f) This section shall not require the owner to obtain or acquire
additional information that is not contained in the existing tenant
and project records, or to update any information in his or her
records. The owner shall not be held liable for any inaccuracies
contained in these records or from other sources, nor shall the owner
be liable to any party for providing this information.
(g) For purposes of this section, service of the notice to the
affected tenants, the city, county, or city and county, the
appropriate local public housing authority, if any, and the
Department of Housing and Community Development by the owner pursuant
to subdivisions (b) to (e), inclusive, shall be made by first-classmail postage prepaid.
(h)Nothing in this section shall enlarge or diminish the
authority, if any, that a city, county, city and county, affected
tenant, or owner may have, independent of this section.
(i) If, prior to January 1, 2001, the owner has already accepted a
bona fide offer from a qualified entity, as defined in subdivision
(c) of Section 65863.11, and has complied with this section as it
existed prior to January 1, 2001, at the time the owner decides to
sell or otherwise dispose of the development, the owner shall be
deemed in compliance with this section.
(j) Injunctive relief shall be available to any part y identified
in paragraph (1) or (2) of subdivision (a) who is aggrieved by a
violation of this section.
(k)The Director of Housing and Community Development shall
approve forms to be used by owners to comply with subdivisions (b)
and (c). Once the director has approved the forms, an owner shall
use the approved forms to comply with subdivisions (b) and (c).
(1) This section shall remain in effect only until January 1,
2011, and as of that date is repealed, unless a later enacted
statute, which is enacted on or before January 1, 2011, deletes or
extends that date.
65863.11. (a) Terms used in this section shall be defined as
follows:
(1) "Assisted housing development" and "development" mean a
multifamily rental housing development as defined in paragraph (3) of
subdivision (a) of Section 65863.10.
(2) "Owner" means an individual, corporation, association,
partnership, joint venture, or business entity that holds title to an
assisted housing development.
(3) "Tenant" means a tenant, subtenant, lessee, sublessee, or
other person legally in possession or occupying the assisted housing
development.
(4) "Tenant association" means a group of tenants who have formed
a nonprofit corporation, cooperative corporation, or other entity or
organization, or a local nonprofit, regional, or national
organization whose purpose includes the acquisition of an assisted
housing development and that represents the interest of at least a
majority of the tenants in the assisted housing development.
(5) "Low or moderate income" means having an income as defined in
Section 50093 of the Health and Safety Code.
(6) "Very low income" means having an income as defined in Section
50105 of the Health and Safety Code.
(7) "Local nonprofit organizations" means not-for-profit
corporations organized pursuant to Division 2 (commencing with
Section 5000) of Title I of the Corporations Code, that have as their
principal purpose the ownership, development, or management of
housing or community development projects for persons and families of
low or moderate income and very low income, and which have a broadly
representative board, a majority of whose members are community
based and have a proven track record of local community service.
(8) "Local public agencies" means housing authorities,
redevelopment agencies, or any other agency of a city, county, or
city and county, whether general law or chartered, which are
authorized to own, develop, or manage housing or communitydevelopment projects for persons and families of low or moderate
income and very low income.
(9) "Regional or national organizations" means not-for-profit,
charitable corporations organized on a multicounty, state, or
multistate basis that have as their principal purpose the ownership,
development, or management of housing or community development
projects for persons and families of low or moderate income and very
low income.
(10) "Regional or national public agencies" means multicounty,
state, or multistate agencies that are authorized to own, develop, or
manage housing or community development projects for persons and
families of low or moderate income and very low income.
(11) "Use restriction" means any federal, state, or local statute,
regulation, ordinance, or contract that, as a condition of receipt
of any housing assistance, including a rental subsidy, mortgage
subsidy, or mortgage insurance, to an assisted housing development,
establishes maximum limitations on tenant income as a condition of
eligibility for occupancy of the units within a development, imposes
any restrictions on the maximum rents that could be charged for any
of the units within a development; or requires that rents for any of
the units within a development be reviewed by any governmental body
or agency before the rents are implemented.
(12) "Profit-motivated organizations and individuals" means
individuals or two or more persons organized pursuant to Division 1
(commencing with Section 100) of Title 1 of, Division 3 (commencing
with Section 1200) of Title 1 of, or Division 1 (commencing with
Section 15001) of Title 2 of, the Corporations Code, that carry on as
a business for profit.
(13) "Department" means the Department of Housing and Community
Development.
(14) "Offer to purchase" means an offer from a qualified or
nonqualified entity that is nonbinding on the owner.
(15) "Expiration of rental restrictions" has the meaning given in
paragraph (5) of subdivision (a) of Section 65863.10.
(b) An owner of an assisted housing development shall not
terminate a subsidy contract or prepay the mortgage pursuant to
Section 65863.10, unless the owner or its agent shall first have
provided each of the entities listed in subdivision (d) an
opportunity to submit an offer to purchase the development, in
compliance with subdivisions (g) and (h). An owner of an assisted
housing development in which there will be the expiration of rental
restrictions must also provide each of the entities listed in
subdivision (d) an opportunity to submit an offer to purchase the
development, in compliance with subdivisions (g) and (h). An owner
who meets the requirements of Section 65863.13 shall be exempt from
this requirement.
(c)An owner of an assisted housing development shall not sell, or
otherwise dispose of, the development at any time within the five
years prior to the expiration of rental restrictions or at any time
if the owner is eligible for prepayment or termination within five
years unless the owner or its agent shall first have provided each of
the entities listed in subdivision (d) an opportunity to submit an
offer to purchase the development, in compliance with subdivisions
(g) and (h). An owner who meets the requirements of Section 65863.13
shall be exempt from this requirement.
(d) The entities to whom an opportunity to purchase shall be
provided include only the following:(1) The tenant association of the development.
(2) Local nonprofit organizations and public agencies.
(3)Regional or national nonprofit organizations and regional or
national public agencies.
(4) Profit-motivated organizations or individuals.
(e) For the purposes of this section, to qualify as a purchaser of
an assisted housing development, an entity listed in subdivision (d)
shall do all of the following:
(1) Be capable of managing the housing and related facilities for
its remaining useful life, either by itself or through a management
agent.
(2)Agree to obligate itself and any successors in interest to
maintain the affordability of the assisted housing development for
households of very low, low, or moderate income for either a 30-year
period from the date that the purchaser took legal possession of the
housing or the remaining term of the existing federal government
assistance specified in subdivision (a) of Section 65863.10,
whichever is greater. The development shall be continuously occupied
in the approximate percentages that those households who have
occupied that development on the date the owner gave notice of intent
or the approximate percentages specified in existing use
restrictions, whichever is higher. This obligation shall be recorded
prior to the close of escrow in the office of the county recorder of
the county in which the development is located and shall contain a
legal description of the property, indexed to the name of the owner
as grantor. An owner that obligates itself to an enforceable
regulatory agreement that will ensure for a period of not less than
30 years that rents for units occupied by low- and very low income
households or that are vacant at the time of executing a purchase
agreement will conform with restrictions imposed by Section 42(f) of
the Internal Revenue Code shall be deemed in compliance with this
paragraph. In addition, the regulatory agreement shall contain
provisions requiring the renewal of rental subsidies, should they be
available, provided that assistance is at a level to maintain the
project's fiscal viability.
(3) Local nonprofit organizations and public agencies shall have
no member among their officers or directorate with a financial
interest in assisted housing developments that have terminated a
subsidy contract or prepaid a mortgage on the development without
continuing the low-income restrictions.
(f) If an assisted housing development is not economically
feasible, as defined in paragraph (3) of subdivision (h) of Section
17058 of the Revenue and Taxation Code, a purchaser shall be entitled
to remove one or more units from the rent and occupancy requirements
as is necessary for the development to become economically feasible,
provided that once the development is again economically feasible,
the purchaser shall designate the next available units as low-income
units up to the original number of those units.
(g) Cl) If an owner decides to terminate a subsidy contract, or
prepay the mortgage pursuant to Section 65863.10, or sell or
otherwise dispose of the assisted housing development pursuant to
subdivision (b) or (c), or if the owner has an assisted housing
development in which there will be the expiration of rental
restrictions, the owner shall first give notice of the opportunity to
offer to purchase to each qualified entity on the list provided to
the owner by the department, in accordance with subdivision (0), as
well as to those qualified entities that directly contact the owner.
411-The notice of the opportunity to offer to purchase must be given
prior to or concurrently with the notice required pursuant to Section
65863.10 for a period of at least 12 months. The owner shall contact
the department to obtain the list of qualified entities. The notice
shall conform to the requirements of subdivision (h) and shall be
sent to the entities by registered or certified mail, return receipt
requested. The owner shall also post a copy of the notice in a
conspicuous place in the common area of the development.
(2) if the owner already has a bona fide offer to purchase from an
entity prior to January 1, 2001, at the time the owner decides to
sell or otherwise dispose of the development, the owner shall not be
required to comply with this subdivision. However, the owner shall
notify the department of this exemption and provide the department a
copy of the offer-
(h) The initial notice of a bona fide opportunity to submit an
offer to purchase shall contain all of the following:
(1) A statement that the owner will make available to each of the
type of entities listed in subdivision (d), within 15 business days
of receiving a request therefor, the terms of assumable financing, if
any; the terms of the subsidy contract, if any; and proposed
improvements to the property to be made by the owner in connection
with the sale, if any.
(2)A statement that each of the type of entities listed in
subdivision (d) has the right to purchase the development under this
section.
(3)A statement that the owner will make available to each of the
type of entities listed in subdivision (d), within 15 business days
of receiving a request therefor, itemized lists of monthly operating
expenses, capital improvements as determined by the owner made within
each of the two preceding calendar years, the amount of project
reserves, and copies of the two most recent financial and physical
inspection reports on the development, if any, filed with the
federal, state, or local agencies.
(4)A statement that the owner will make available to each of the
entities listed in subdivision (d), within 15 business days of a
request therefor, the most recent rent roll listing the rent paid for
each unit and the subsidy, if any, paid by a governmental agency as
of the date the notice of intent was made pursuant to Section
65863.10, and a statement of the vacancy rate at the development for
each of the two preceding calendar years.
(5) A statement that the owner has satisfied all notice
requirements pursuant to subdivision (b) of Section 65863.10, unless
the notice of opportunity to submit an offer to purchase is delivered
more than 12 months prior to the anticipated date of termination,
prepayment, or expiration of rental restrictions.
(i) If a qualified entity elects to purchase an assisted housing
development, it shall make a bona fide offer to purchase the
development. A qualified entity's bona fide offer to purchase shall
identify whether it is a tenant association, nonprofit organization,
public agency, or profit-motivated organizations or individuals and
shall certify, under penalty of perjury, that it is qualified
pursuant to subdivision (e). During the first 180 days from the date
of an owner's bona fide notice of the opportunity to submit an offer
to purchase, an owner shall accept a bona fide offer to purchase only
from a qualified entity. During this 180-day period, the owner shall
not accept offers from any other entity.
(j) When a bona fide offer to purchase has been made to an owner,
I/5and the offer is accepted, a purchase agreement shall be executed.
(k) Either the owner or the qualified entity may request that the
fair market value of the property, as a development, be determined by
an independent appraiser qualified to perform multifamily housing
appraisals, who shall be selected and paid by the requesting party.
All appraisers shall possess qualifications equivalent to those
required by the members of the Appraisers Institute. This appraisal
shall be nonbinding on either party with respect to the sales price
of the development offered in the bona fide offer to purchase, or the
acceptance or rejection of the offer.
(1) During the 180-day period following the initial 180-day period
required pursuant to subdivision (i), an owner may accept an offer
from a person or an entity that does not qualify under subdivision
(e). This acceptance shall be made subject to the owner providing
each qualified entity that made a bona fide offer to purchase the
first opportunity to purchase the development at the same terms and
conditions as the pending offer to purchase, unless these terms and
conditions are modified by mutual consent. The owner shall notify in
writing those qualified entities of the terms and conditions of the
pending offer to purchase, sent by registered or certified mail,
return receipt requested. The qualified entity shall have 30 days
from the date the notice is mailed to submit a bona fide offer to
purchase and that offer shall be accepted by the owner. The owner
shall not be required to comply with the provisions of this
subdivision if the person or the entity making the offer during this
time period agrees to maintain the development for persons and
families of very low, low, and moderate income in accordance with
paragraph (2) of subdivision (e). The owner shall notify the
department regarding how the buyer is meeting the requirements of
paragraph (2) of subdivision (e).
(m) This section shall not apply to any of the following: a
government taking by eminent domain or negotiated purchase; a forced
sale pursuant to a foreclosure; a transfer by gift, devise, or
operation of law; a sale to a person who would be included within the
table of descent and distribution if there were to be a death
intestate of an owner; or an owner who certifies, under penalty of
perjury, the existence of a financial emergency during the period
covered by the first right of refusal requiring immediate access to
the proceeds of the sale of the development. The certification shall
be made pursuant to subdivision (p).
(n) Prior to the close of escrow, an owner selling, leasing, or
otherwise disposing of a development to a purchaser who does not
qualify under subdivision (e) shall certify under penalty of perjury
that the owner has complied with all provisions of this section and
Section 65863.10. This certification shall be recorded and shall
contain a legal description of the property, shall be indexed to the
name of the owner as grantor, and may be relied upon by good faith
purchasers and encumbrances for value and without notice of a failure
to comply with the provisions of this section.
Any person or entity acting solely in the capacity of an escrow
agent for the transfer of real property subject to this section shall
not be liable for any failure to comply with this section unless the
escrow agent either had actual knowledge of the requirements of this
section or acted contrary to written escrow instructions concerning
the provisions of this section.
(o) The department shall undertake the following responsibilities
and duties:
116(1) Maintain a form containing a summary of rights and obligations
under this section and make that information available to owners of
assisted housing developments as well as to tenant associations,
local nonprofit organizations, regional or national nonprofit
organizations, public agencies, and other entities with an interest
in preserving the state's subsidized housing.
(2) Compile, maintain, and update a list of entities in
subdivision (d) that have either contacted the department with an
expressed interest in purchasing a development in the subject area or
have been identified by the department as potentially having an
interest in participating in a right-of-first-refusal program. The
department shall publicize the existence of the list statewide. Upon
receipt of a notice of intent under Section 65863.10, the department
shall make the list available to the owner proposing the termination,
prepayment, or removal of government assistance or to the owner of
an assisted housing development in which there will be the expiration
of rental restrictions. If the department does not make the list
available at any time, the owner shall only be required to send a
written copy of the opportunity to submit an offer to purchase notice
to the qualified entities which directly contact the owner and to
post a copy of the notice in the common area pursuant to subdivision
(g)
(p) (1) The provisions of this section may be enforced either in
law or in equity by any qualified entity entitled to exercise the
opportunity to purchase and right of first refusal under this
section, that has been adversely affected by an owner's failure to
comply with this section.
(2) An owner may rely on the statements, claims, or
representations of any person or entity that the person or entity is
a qualified entity as specified in subdivision (d), unless the owner
has actual knowledge that the purchaser is not a qualified entity.
(3) If the person or entity is not an entity as specified in
subdivision (d), that fact, in the absence of actual knowledge as
described in paragraph (2), shall not give rise to any claim against
the owner for a violation of this section.
(q) It is the intent of the Legislature that the provisions of
this section are in addition to, but not preemptive of, applicable
federal laws governing the sale, or other disposition of a
development that would result in either (1) a discontinuance of its
use as an assisted housing development or (2) the termination or
expiration of any low-income use restrictions that apply to the
development.
(r) This section shall remain in effect only until January 1,
2011, and as of that date is repealed, unless a later enacted
statute, which is enacted on or before January 1, 2011, deletes or
extends that date.
65863.12. (a) Prior to the conversion of a floating home marina to
another use, except pursuant to the Subdivision Map Act (Division 2
(commencing with Section 66410) of Title 7), or prior to closure of a
floating home marina or cessation of use of the land as a floating
home marina, the person or entity proposing the change in use shall
file a report on the impact of the conversion, closure, or cessation
of use upon the displaced residents of the floating home marina to be
converted or closed. In determining the impact of the conversion,closure, or cessation of use on displaced floating home marina
residents, the report shall address the availability of adequate
replacement housing in floating home marinas and relocation costs.
(b) The person proposing the change in use shall provide a copy of
the report to a resident of each floating home in the floating home
marina at least 15 days prior to the hearing, if any, on the impact
report by the advisory agency, or if there is no advisory agency, by
the legislative body.
(c) When the impact report is filed prior to the closure or
cessation of use, the person or entity proposing the change shall
provide a copy of the report to a resident of each floating home in
the floating home marina at the same time as the notice of the change
is provided to the residents pursuant to subdivision (f) of Section
840.71 of the Civil Code.
(d) When the impact report is filed prior to the closure or
cessation of use, the person or entity filing the report or any
resident may request, and shall have a right to, a hearing before the
legislative body on the sufficiency of the report.
(e) The legislative body, or its delegated advisory agency, shall
review the report, prior to any change of use, and may require, as a
condition of the change, the person or entity to take steps to
mitigate any adverse impact of the conversion, closure, or cessation
of use on the ability of displaced floating home marina residents to
find adequate housing in a floating home marina. The steps required
to be taken to mitigate shall not exceed the reasonable costs of
relocation.
(f) If the closure or cessation of use of a floating home marina
results from an adjudication of bankruptcy, the provisions of this
section shall not be applicable.
(g) The legislative body may establish reasonable fees pursuant to
Chapter 13 (commencing with Section 54990) of Part 1 of Division 2
of Title 5 to cover any costs incurred by the local agency in
implementing this section. Those fees shall be paid by the person or
entity proposing the change in use.
(h) This section is applicable to charter cities.
(i) This section is applicable when the closure, cessation, or
change of use is the result of a decision by a local governmental
entity or planning agency not to renew a conditional use permit or
zoning variance under which the floating home marina has operated, Or
as a result of any other zoning or planning decision, action, or
inaction. However, a state or local governmental agency is not
required to take steps to mitigate the adverse impact of the change
pursuant to subdivision (e).
(j) This section applies to any floating home marina as defined in
Section 800.4 of the Civil Code, and to any marina or harbor (1)
which is managed by a nonprofit organization, the property, assets,
and profits of which may not inure to any individual or group of
individuals, but only to another nonprofit organization; (2) the
rules and regulations of which are set by majority vote of the
berthholders thereof; and (3) which contains berths for fewer than 25
floating homes.
65863.13. (a) An owner shall not be required to provide a notice as
required by Section 65863.10 or 65863.11 if all of the following
conditions are contained in a regulatory agreement that has been
recorded against the property:(1) No low-income tenant whose rent was restricted and or
subsidized and who resides in the development within 12 months of the
date that the rent restrictions are, or subsidy is, scheduled to
expire or terminate shall be involuntarily displaced on a permanent
basis as a result of the action by the owner unless the tenant has
breached the terms of the lease.
(2) The owner shall accept and fully utilize all renewals of
project-based assistance under Section 8 of the United States Housing
Act of 1937, if available, and if that assistance is at a level to
maintain the project's fiscal viability. The property shall be deemed
fiscally viable if the rents permitted under the terms of the
assistance are not less than the regulated rent levels established
pursuant to paragraph (7).
(3) The owner shall accept all enhanced Section 8 vouchers, if the
tenants receive them, and all other Section 8 vouchers for future
vacancies.
(4) The owner shall not terminate a tenancy of a low-income
household at the end of a lease term without demonstrating a breach
of the lease.
(5) The owner may, in selecting eligible applicants for admission,
utilize criteria that permit consideration of the amount of income,
as long as the owner adequately considers other factors relevant to
an applicant's ability to pay rent.
(6) For assisted housing developments described in paragraph (3)
of subdivision (a) of Section 65863.10, a new regulatory agreement,
consistent with this section, is recorded that restricts the rents
and incomes of the previously restricted units, except as provided in
paragraph (7), (8), or (9), to an equal or greater level of
affordability than previously required so that the units are
affordable to households at the same or a lower percentage of area
median income.
(7) For housing developments that have units with project-based
rental assistance upon the effective date of prepayment and
subsequently become unassisted by any form of rental assistance,
rents shall not exceed 30 percent of 60 percent of the area median
income. If any form of rental assistance is or becomes available, the
owner shall apply for and accept, if awarded, the rental assistance.
Rent and occupancy levels shall then be set in accordance with
federal regulations for the rental assistance program.
(8) For units that do not have project-based rental assistance
upon the effective date of prepayment of a federally insured,
federally held, or formerly federally insured or held mortgage and
subsequently remain unassisted or become unassisted by any form of
rental assistance, rents shall not exceed the greater of (i) 30
percent of 50 percent of the area median income, or (ii) for projects
insured under Section 241(f) of the National Housing Act, the
regulated rents, expressed as a percentage of area median income. If
any form of rental assistance is or becomes available, the owner
shall apply for and accept, if awarded, the rental assistance. Rent
and occupancy levels shall then be set in accordance with federal
regulations governing the rental assistance program.
(9) If, upon the recordation of the new regulatory agreement, any
unit governed by regulatory agreement is occupied by a household
whose income exceeds the applicable limit, the rent for that
household shall not exceed 30 percent of that household's adjusted
income, provided that household's rent shall not be increased by more
than 10 percent annually.(b)As used in this section, "regulatory agreement" means an
agreement with a governmental agency for the purposes of any
governmental program, which agreement applies to the development that
would be subject to the notice requirement in Section 65863.10 and
which obligates the owner and any successors in interest to maintain
the affordability of the assisted housing development for households
of very low, low, or moderate income for the greater of the term of
the existing federal, state, or local government assistance specified
in subdivision (a) of Section 65863.10 or 30 years.
(c) Section 65863.11 shall not apply to any development for which
the owner is exempt from the notice requirements of Section 65863.10
pursuant to this section.
(d) This section shall remain in effect only until January 1,
2011, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2011, deletes or extends
that date.Attachment 4
MOBILEHOME SURVEY SUMMARY
City Closure Re•ui ements
Relocation Costs
CA State
Law
California Civil Code Sections 798 and 799, Government Code Section 66427.5 and
65863.7. Prior to a mobile home park conversion, closure or cessation of use, the
proposer shall file a report on the impact upon the displaced residents of the mobile home
park and shall address the availability of adequate replacement housing in mobile home
parks and relocation costs. The proposer may be required to mitigate any adverse impact
of the conversion, closure, or cessation of use on the ability of displaced residents to find
adequate housing in a mobile home park. The steps required to be taken to mitigate shall
not exceed the reasonable costs of relocation. If converting rental mobile home park to
resident ownership, the proposer shall avoid economic displacement of all non purchasing
residents in the following manner:
'1. Offer each existing tenant an option to either purchase or to continue residency as a
tenant
2. File an impact report of the conversion upon the residents of the mobile home park
3. Obtain a survey of support of residents of the proposed conversion, conducted in
accordance with an agreement between the proposer and the resident homeowners'
association, pursuant to a written ballot so that each space has one vote
4. The non purchasing residents who are not lower income, the monthly rent including
any applicable fees or charges for use of any preconversion amenities, may
increase from the preconversion rent to market levels, as defined in an appraisal
conducted in accordance with professional appraisal standards, in equal annual
increases over a 4 year period. This rent shall in no event be increased by an
amount greater than the average monthly percentage increase in the Consumer
Price Index for the most recently reported period.
Chula Vista Municipal Code 940 in accordance with State Government Code Sections 65863.7 and
66427.4. Mitigate any adverse impact of conversion or closures in finding adequate
alternative space for the mobile home park occupant. Also impose upon the park owner
the obligation to provide financial assistance or some satisfactory alternative to occupants
who would be displaced by the conversion of closure. It is the intent to carry out and
supplement the requirements of the state law in regard to notification and to establish
relocation assistance programs for low- and moderate-income mobilehome or trailer
owner/occupants placed in the position of being dislocated as a result of either conversion
____
Assistance for low-
and moderate-
income mobile
home occupants in
the form of payment
by the park owner of
75%, up to a
maximum of $3,000,Attachment 4
of mobilehome parks to other uses or discontinuance of use, This section does not apply to
mobilehome or trailer owner/occupants who move into mobilehome or trailer parks where
the park owner has provided said mobilehome or trailer owner/occupant with written
notification at the time they move in of intention to discontinue the mobilehome or trailer
park on a specific date within three years of that written notification,
For conversion or closure, applicant must file an application with Community Development
department to include:
1. Relocation Plan
2. Profile of existing park and the occupants
3. Timetable for vacating the existing park
4. Evidence satisfactory to ODD regarding agreements satisfying the relocation
assistance requirements to eligible park occupants
5. Evidence the park owner informed all occupants in writing of alternative sites
available
6. Evidence the park owner agreed to purchase the low-moderate income mobile
homes determined not be re relocatable due to age and/or condition
7. Evidence that the displaced occupants were provided with the right of first refusal to
purchase, rent or lease dwelling which may be built on subject property
8. Narrative summary of planned new use or reason of non-use,
of the cost of
relocating the
mobile home to
another mobile
home park within
100 miles.
Gardena Municipal Code Section 14.08. In every case involving the demolition or removal of a
multiple-family residential rental facility, or a condominium conversion or other land use
change affecting residential rental property, including mobile home and trailer parks, and
the tenants therein, are facing eviction due to such demolition, removal, conversion, or
change, no required permits or approvals shall be issued unless and until the landlord
submits to the city planner proof of payment of a relocation fee.
Prior to conversion or closure, the proposer shall file and obtain approval by the planning
and environmental quality commissions of a relocation impact report ("RIR") prior to giving
written notice of change required by Section 798.56 of the California Civil Code. The RIR
shall contain:
1. Description of the proposed new use
2. Timetable for the conversion
3. Legal description of the park
$3,000 per rental
unit.Attachment 4
4. Profile of the park and the occupants
5. Date of manufacture and size of each coach
6. Appraised market and on-site value of each coach. Appraiser to be selected by the
City and the cost borne to the applicant
7. Number of residents per space, number under 16 years old, over 60 years old and
handicapped
8. Name and mailing address of each occupant
9. A list of known available spaces in the South Bay-Long Beach-Orange County area,
including any written commitments from mobile home park owners willing to accept
displaced tenants
10. Estimates from 2 moving companies as to the per mile cost of moving coaches
11. Proposed measures to mitigate the adverse impacts of the conversion upon the
park residents
12. Information as to whether residents have been offered the option of a long-term
lease of the land and urchase of the improvements, if the 'ark is to be sold.
Huntington Zoning Code Chapter 234. Consistent with California Government Code Section 65863.7
Beach (e), the applicant shall take steps to mitigate the adverse impact of the conversion, closure|1010|or cessation of use on the ability of displaced mobile home park residents to find adequate
housing in a mobile home park. These required steps shall not exceed the reasonable
cost of relocation as detailed below:
1. Relocation Costs — All eligible mobile home owners shall be entitled to receive the
cost of relocation. Reasonable costs of relocation shall include the cost of
relocating displaced homeowners' mobile home, accessories and possessions to
comparable mobile home park within 20 miles of the existing location, including
costs of disassembly, removal, transportation, and reinstallation of the mobile home
and accessories at the new site, and/or replace or reconstruct; reasonable living
expenses from the date of actual displacement until the date of occupancy at the
new site; payment of any security deposit required at the new site; and the
difference between the rent paid in the existing park and any higher rent at the new
site for the first 12 months of the relocated tenancy.
2. Mobile home Purchase — If the mobile home cannot be relocated to a comparable
park with 20 miles of the existing location, and the homeowner has elected to sell
the mobile home, the reasonable costs of relocation shall include the cost of
purchasing the mobile home of the displaced homeowner, including any optional
equipment. At no time shall the value of the mobile home be less than theAttachment 4
replacement cost of a new home of similar size and square footage.
Both parties may agree to a mutually satisfactory relocation assistance.
The mobile home owner shall receive written guarantee of first right of refusal to purchase
unit if the development replaces the mobile home park is to be residential in whole or part.
Lancaster Municipal Code Chapter 11.12 and 17.24.075 Zoning Change. In accordance with the
State Mobile Home Residency Law, Civil Code Section 798, et seq. and Government Code
Section 65863.7' and 66427.4, they provide a procedure and standards for change of use
and closures of mobile home parks to determine reasonable mitigation measures and
tenant protections.
The proposer of change of use must file an application and a relocation impact report
("RIR") containing the following:
1. Description of the proposed new use
2. Timetable
3. Park profile
4. Appraisals
5. Tenant profiles
6. Purchase price of condominiums similar in size to the mobile home within a
reasonable distance, rental rates and moving costs of an apartment of similar size
within a reasonable distance including not limited to fees charged by moving
companies and any requirement for first and last month's rent and security deposits
7. Information of other mobile home parks willing to accept relocated homes within 50
mile radius and the criteria for acceptance
8. Cost estimates from moving companies including tear-down and set-up costs
9. Proposed measures to mitigate the adverse impacts of the conversion upon the
residents and
10. Identification of a relocation specialist to assist residents in finding relocation spaces
and alternative housing.
Malibu Municipal Code Chapter 5.16.210. Implements the provisions of the State law addressing
the adverse impacts on the residents and homeowners in a mobile home park which is
converted, closed or the park's use if changed or ceased. Proposer must file an
application and conversion impact report which shall include:
1. Address the availability of adequate replacement housing in mobile home parks and
the cost of relocating displaced residents
2. Tenant profiles
3. Mobile home profileAttachment 4
11
4. List of vacant mobile home sites in comparable parks within 50 miles radius and to
include rental rates and acceptance criteria
5. List of housing specialists and services provided, qualified movers and fee
schedules, and appraisers
6, Relocation plan to include timetable of physical relocation, implementation, payment
of relocation costs and conversion of the park to one or more other uses
7. Steps proposed to mitigate any adverse impact including reasonable costs of
relocation.
Factors to be considered is that the conversion will not result in the displacement of low-
income individuals or households who cannot afford rents charged in other parks and if the
conversion is to another residential use, the homeowners have first opportunity to occupy
and the construction schedule will not result in long-term displacement.
RIR shall include:
1. That if the park is sold, the homeowners be given the right of first negotiation (from
the seller) and matching rights (right of last refusal) for the purchase of the park and
all improvements
2. The option of a long-term lease of the land and purchase of improvements
I Napa Adopted all provisions of State Mobile Home Parks Act, Health and Safety Code and
related regulations of the State Administrative Code.
Oceanside
____
zoning Ordinance Articles 19 and 34. Consistent with California Government Code
Section 65863.7. An application for change of use shall include:
1. Description of mobile home park
2. Timetables
3. Tenant profile
4. Disposition/Relocation plan for existing tenants of the mobile home park.
The Relocation plan shall:
1. Provide specifically for assistance to full-time, low-and moderate-income residents
for a minimum of 12 months following approval of a use permit for the conversion.
Information on sites available in mobile home parks in the city and adjacent
communities shall be provided to tenants.
2. Include, but not limited to, consideration of the availability of medical and dental
services and shopping facilities, age of the mobile home park and mobile homes,
and the economic impact on the relocated tenants.
3. It shall provide guarantees for all tenants 62 years old and older and all tenants
permanently disabled shall not pay an increase in rent over the amount currentlyAttachment 4
paid for a period of 2 years following relocation
4. Provide moving expenses equal to that actual cost of moving up to but not
exceeding the cost of moving to a location within 250 mile radius of the park to any
tenant who relocates after City approval of the change of use permit. If a tenant has
given notice to move prior to the proposer submitting an application, eligibility to
receive moving expenses shall be forfeited. Moving expenses and relocation
assistance shall be provided in conformance with Federal, State and Local
Ordinances
5. A tenant's rent shall not be increased within 2 years prior to filing a change of use
application nor shall the rent be increased for 2 years from the date of filing or until
relocation takes place.
The City Council may approve a change of use permit if it also meets the following:
1. Consistent with the General Plan or any specific plan
2. That there exists land zoned for replacement housing for adequate space in other
mobile home parks for the residents who will be displaced
3. That the conversion will not result in displacement of low-income residents who
cannot afford rents charged in other mobile home parks within the City
4. That the mobile home will be able to be relocated within the City
5. The displaced residents are provided the right of first refusal to purchase, lease, rent
or otherwise obtain residency in the replacement dwelling unit
6. That the residents displaced shall be compensated by the proposer for all
reasonable costs incurred as a result of the relocation
7. The relocation plan mitigates the impacts of the displaced for a reasonable transition
period and mitigates the impacts of any long-term displacement
8. The proposer shall bear all reasonable costs of relocating the mobile home and
residents displaced including but not limited to the move, permits, installations,
landscaping, site preparation, moving personal property, temporary housing and
may include the purchase of replacement mobile homes that are not acceptable in
other mobile home parks,
Palo Alto Consistent with the Mobile Home Residency Law, Civil Code Section 798, et seq. and
Government Code Sections 65863.7, 65863.8 and 66427.4.