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HomeMy WebLinkAboutORD 1666-2024 (24-712)City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) City Council South San Francisco, CA Ordinance: ORD 1666-2025 File Number: 24-712 Enactment Number: ORD 1666-2025 URGENCY ORDINANCE AMENDING THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO ADD CHAPTER 8.80 (MOBILE HOME PARK CONVERSION) TO TITLE 8 TO DEFINE AND EXPAND RELOCATION BENEFITS FOR TENANTS OF MOBILE HOME PARKS AND FORMALIZE A LOCAL APPROVAL PROCESS FOR MOBILE HOME PARK CLOSURE, AND MANDATE ADDITIONAL NOTICING BEFORE A PARK IS CLOSED AND OR CONVERTED. WHEREAS, there is one mobile home park located in the City of South San Francisco ("City"), which currently provides 145 sites for mobile housing units; and WHEREAS, many of the sites in these mobile home parks are occupied by low-income families and seniors who own or rent their mobile homes; and WHEREAS, many such units in these mobile home parks cannot readily be moved to a new mobile home park due to their physical condition, or there are few local relocation options because most parks in the area will only accept new mobile homes; and WHEREAS, existing state law, AB 2782 of 2020 ("The Mobile Residency Law"), and county law requires park owners to submit relocation impact reports to local governing bodies prior to conversion or closure of mobile home parks, and authorizes governing bodies to impose conditions on the conversion or closure to mitigate adverse impacts of the conversion or closure, including the potential inability of displaced residents to find adequate replacement housing; and WHEREAS, state law allows local governing bodies to adopt local procedures to implement these relocation impact requirements; and WHEREAS, the City is currently experiencing an affordable housing crisis, with demand for such housing far outweighing the available supply, and with the U.S. Department of Housing and Urban Development ("HUD") "Fair Market Rent" rate for a one -bedroom apartment in the County increasing from $2,665 per month in 2023 to $2,818 per month in 2024; and WHEREAS, the California Department of Housing and Community Development ("HCD") has recently notified the City that the only operating mobile park within its jurisdiction is in violation of Health and Safety Code Section 18500, for failure to maintain a valid permit to operate with HCD; and City of South San Francisco File Number: 24-712 Enactment Number: ORD 1666-2025 WHEREAS, such conversion or closure of mobile home parks in the City would displace vulnerable residents of the City, including low-income families and seniors, and the risk of such displacement poses a current and immediate threat to the public health, safety, or welfare; and WHEREAS, City Council wishes to adopt local procedures for review of applications for conversion and closure of mobile home parks and to attempt to mitigate any impact to the public health, safety, and welfare of such conversions and closures, to the extent permitted by state law; and WHEREAS, the City Council finds and determines that there is an immediate need to require notice and relocation assistance to the residents of mobile home parks in the City due to limited relocation options and the ongoing affordable housing crisis; and WHEREAS, this Urgency Ordinance is necessary to provide the Economic and Community Development Department with clearly established legal authority to protect the public and prevent the homelessness of potentially displaced mobile home park residents by establishing a temporary notice and relocation assistance requirement; and WHEREAS, the City Council finds that a similar ordinance passed in 2017 by the County of San Mateo has resulted in no conversions thus far; and WHEREAS, this Urgency Ordinance aligns with Housing Element Policy EQ-3: Support residents who are at risk of being displaced, Policy EQ-8: Protect existing residents from displacement in areas of lower or moderate opportunity and concentrated poverty and preserve housing choices and affordability, and PRSV 5.2: Assist tenants at risk of displacement; and WHEREAS, this Urgency Ordinance does not require review under the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.; "CEQA") pursuant to CEQA Guidelines Sections 15061(b)(3) and 15378 because this Urgency Ordinance requires notice and mitigation of social and financial impacts to residents of mobile home parks prior to conversion to a different use, and there is no evidence that this Urgency Ordinance could have any adverse effect on the environment. NOW, THEREFORE, the City Council of the City of South San Francisco in the State of California, ordains as follows: SECTION 1. Findings. The City Council of South San Francisco finds that all Recitals are true and correct and are incorporated herein by reference. SECTION 2. Urgency Findings. The City Council of South San Francisco hereby finds that there is a need for immediate preservation of the public health, safety, and welfare that warrants this urgency measure, which finding is based upon the facts stated in the Recitals above, and the accompanying staff report, as well as any oral and written testimony at the January 8, 2025 City Council meeting, and that adoption of this Urgency Ordinance will implement anti -displacement regulations for mobile home park residents that address that immediate threat to public health, safety, and welfare. City of South San Francisco File Number: 24-712 Enactment Number: ORD 1666-2025 SECTION 3. Amendment of Title 8 of the South San Francisco Municipal Code to Add Chapter 8.80 (Mobile Home Park Conversion). The City Council hereby adds Title 8, Chapter 8.80 ("Mobile Home Park Conversion") to the South San Francisco Municipal Code to read as follows: 8.80.010 Short Name and Purpose. Mobile home parks provide an important source of naturally occurring affordable housing in South San Francisco. This chapter may be referred to as the "Mobile Home Park Conversion Ordinance." The purpose of the Mobile Home Park Conversion Ordinance is to provide residents with adequate notice and relocation assistance prior to the conversion of a mobile home, pursuant to Government Code Sections 65863.7 and 66427.4. 8.80.020 Applicability. This chapter applies to all applications for changes of use of mobile home parks, as defined herein, including closure to end the business and closure to convert to another land use. This chapter does not apply to the change in ownership structure of a mobile home park from a rental park to resident ownership, pursuant to Government Code Sections 66427.5 and 66428.1. 8.80.030 Definitions. For the purpose of this chapter, certain words and phrases are defined in this part and shall be construed as herein set forth unless it shall be apparent from their context that a different meaning is intended. (a) "Comparable housing" means housing that meets the minimum standards of the California Building Code, and that is similar to the subject mobile home in terms of size, number of bedrooms and bathrooms, and other relevant factors such as location and proximity to the resident's place of employment, amenities, schools, and public transportation. (b) "Comparable mobile home park" or "comparable park" means any other park similar to the subject park in terms of amenities, rent, and other relevant factors such as proximity to the resident's place of employment, amenities, schools, and public transportation. (c) "Conversion" of a mobile home park as used in this chapter has the meaning set forth in Section 798.10 of the Civil Code, and means the use of the park for a purpose other than the rental, or the holding out for rent, of two or more mobile home sites to accommodate mobile homes used for human habitation, and does not mean the adoption, amendment, or repeal of a park rule or regulation. A "conversion" may affect an entire park or any portion thereof. "Conversion" includes, but is not limited to, a change of the park or any portion thereof to a condominium, stock cooperative, planned unit development, or any form of ownership wherein sites within the park are to be sold. (d) "Department" means the City of South San Francisco Economic and Community Development Department. (e) "Economic and Community Development Director" or "Director" means the director of the City of South San Francisco Economic and Community Development Department. City of South San Francisco File Number: 24-712 Enactment Number: ORD 1666-2025 (f) "Long-term resident" means a mobile home resident legally residing in a mobile home park whose mobile home occupied a site in the mobile home park for a period equal to or longer than thirty (30) consecutive days during the hundred eighty (180) day time period prior to the date of issuance of a Notice of Intent to apply for a Mobile Home Park Conversion Permit. This includes both residents who own their mobile home structure and are renting only the site and residents who do not own their mobile home structure and are renting both the site and the structure. This does not include short-term mobile home guests who are leasing sites on a week -by -week basis. Long-term residents include the spouse, parents, children, and grandchildren of the legal resident when those people legally reside on site on the date of the application for a Mobile Home Park Conversion Permit. (g) "Mobile home," as used in this chapter, means those structures defined in Municipal Code Section 20.350.028, and other forms of vehicles designed or used for human habitation, including camping trailers, recreational vehicles, motorhomes, slide -in campers, or travel trailers, that may occupy a site in a mobile home park. (h) "Mobile home park" or "park" means an area of land where two or more mobile home sites are held for rent. (i) "Mobile home park closure" includes any closure, cessation, or conversion of the park. A closure includes ceasing to rent mobile home sites for human habitation and displacement of mobile home park residents, or when twenty-five (25) percent or more of the mobile home sites within a park become vacant. 0) "Mobile Home Park Conversion Permit" is the permit required to allow a conversion of a mobile home park, as defined in this chapter. (k) "Mobile home site" or "site" is an area within a park designated for occupancy by one mobile home. (1) A "reasonable distance," unless otherwise defined more specifically herein, means that area within a thirty (30) mile radius from the subject mobile home park. At the discretion of the Director, "reasonable distance" may be increased to that area within a one hundred (100) mile radius, as necessary under the circumstances. (m) "Relocation Counselor" means the Department -approved individual or firm retained by the park owner, as required by this chapter, to assist in the preparation of the Relocation Impact Report and to provide the support described herein to long-term residents. The Relocation Counselor shall be familiar with the region's housing market and qualified to assist residents; to evaluate, select, and secure placement in replacement housing; to arrange the moving of all the household's personal property; and to render financial advice on qualifying for various housing types. (n) "Relocation Impact Report" means a written report meeting the requirements of this Ordinance Code Section 8.80.050 and that describes (i) the impacts of the conversion of a mobile home park on affected mobile home owners and residents, and (ii) the measures that will be taken to mitigate adverse impacts of such conversion on affected mobile home owners and residents. (o) "Uninhabited" means no rent is being paid for use of the site and it is either (i) unoccupied by a mobile home or (ii) occupied by a mobile home in which no person resides. City of South San Francisco File Number: 24-712 Enactment Number: ORD 1666-2025 8.80.040 Mobile Home Park Conversion Permit Required and Application Process. The conversion of an existing mobile home park requires a Mobile Home Park Conversion Permit granted by the Department. The park owner, or authorized representative, requesting the conversion shall submit an application for a Mobile Home Park Conversion Permit to the Department in the form determined by the Director. This application shall include, but not be limited to, the following information: (a) A Mobile Home Park Conversion Permit application form and fee which is outlined in the Planning Division fee schedule; (b) A completed Relocation Impact Report; (c) A site map indicating the park boundary; the boundaries of mobile home sites, and all mobile home park improvements; (d) A list of names, mailing addresses, and contact information of all mobile home owners and residents occupying a site within the park as of the date of application; (e) Acknowledgement of the park owner's obligations to provide notice pursuant to Section 8.80.060 in this ordinance below; and (f) Any other information that the Director or designee determines is necessary to ensure compliance with this chapter and state law. 8.80.050 Relocation Impact Report. An application for a Mobile Home Park Conversion Permit shall include a written Relocation Impact Report containing the following information: (a) A general description of the proposed conversion; (b) A legal description for the park; (c) An inventory of sites in the park, including: 1) Total number of sites in the park and defining which ones are used for long-term housing; 2) Length of occupancy by the current occupant of each site and the current rental rate for each site; and 3) 3)For each vacant site, the date that the site was vacated by the last resident of the site. (d) A proposed schedule for the conversion of the park, including outreach to park residents regarding the conversion and a description of the outreach to be provided and a projected timeline for relocation assistance; (e) The name and mailing address of each long-term mobile home owner and resident; (f) A list of comparable mobile home parks within a thirty (30) mile radius of the applicant's mobile home park. For each comparable park, the report shall identify: City of South San Francisco File Number: 24-712 Enactment Number: ORD 1666-2025 1) Criteria for acceptance of relocated mobile homes; 2) Residency requirements, if any; 3) Rental rates and any other applicable charges; 4) Number of sites in the park and number of vacant sites; 5) Contact information, including address and telephone number, of the park representative with authority to accept relocated homes; 6) Written commitment, if any, of a mobile home park owner willing to accept displaced mobile homes; and 7) Identification of public school districts serving the area in which the comparable park is located. (g) The median rental price, including any requirement for payment of first and last month's rent and security deposits, of other housing of similar size (number of bedrooms and square footage) that is comparable to the displaced mobile homes within a thirty (30) mile radius or a one hundred (100) mile radius with Director approval; (h) The estimated cost of moving each mobile home from the mobile home park that is proposed for closure or conversion, including tear -down and set-up of mobile homes and moving of improvements such as porches, carports, patios, and other moveable amenities installed by residents; (i) The estimated moving cost for each long-term resident or household, including fees charged by moving companies, child care, temporary housing, and other similar expenses, of moving to other housing within a thirty (30) mile radius or a one hundred (100) mile radius with Director approval; (j) A description of proposed measures to minimize any impacts related to missed school days for school -age children of residents, if applicable; (k) An in -place appraisal of each mobile home in the mobile home park, conducted by a Department -approved licensed appraiser. The appraisals shall identify those mobile homes which cannot be moved due to type, age, or other considerations; (1) Identification of, and contact information for, the contracted and Department approved Relocation Counselor retained by the mobile home park owner to assist residents in finding relocation sites and alternate housing; (m) A proposed relocation plan including the information specified in this section; (n) A copy of any agreement reached with any long-term resident relating to the relocation of the resident or the provision of relocation assistance. The Director may waive the requirement to include any or all of the information required by this section where a long-term resident and the applicant have reached a final, mutually acceptable agreement as to the relocation assistance to be provided. To be valid, however, such an agreement shall be in writing, shall include a provision stating that the long-term resident is aware of the provisions of this chapter, shall include a copy of this chapter as an attachment, and shall include a provision in at least ten -point font which clearly informs the long-term resident of their right to seek the advice of an attorney prior to signing the agreement; and City of South San Francisco File Number: 24-712 Enactment Number: ORD 1666-2025 (o) Any other information the Department determines is necessary to address the specific issues raised by the application to implement this chapter. 8.80.060 Noticing Requirements. The notice requirements listed below pertain specifically to the required notice to the City and long-term residents. The Director, or designee, may require the applicant to translate required notices to additional languages. All required notices shall be posted at common areas within the park. (a) Notice of Intent. No later than thirty (30) days after filing a completed application for a Mobile Home Park Conversion Permit, the park owner or the park owner's authorized agent shall notify each long-term resident household residing on the subject real property that the park owner has filed an application with the City. The notice shall be sent by regular and certified mail and posted on the door of each mobile home. The park owner must submit evidence of compliance with this section to the City for the application to be deemed complete. For each such notice, the park owner shall use a Notice of Intent form provided by the City that shall contain the following information: 1) The name and address of the current park owner and the project developer; 2) A description of the application(s) being filed and a general time frame to complete the work described in the application; 3) An explanation of the relocation assistance available to long-term resident households, information on long-term resident household incomes and the procedure for submitting claims for relocation assistance; 4) Contact information for the third -party agency that will be assisting with the relocation assistance process. This contact information and a brief explanation of the purpose of the notice shall be translated into non-English languages as provided by the City; 5) The long-term resident household's right to receive written notice for each hearing and right to appear and be heard at a land use hearing, if applicable; and 6) Other information deemed necessary or desirable by the Department. (b) Notice of Intent verification. No later than fifteen (15) days after issuing a Notice of Intent, the park owner or authorized agent of the park owner shall submit to the City a duplicate copy of the Notice of Intent form given to each long-term resident household and a declaration indicating that each notice was sent by regular and certified mail and posted on the door of each mobile home. (c) (c) Notice of informational meetings. The applicant shall issue written notices and conduct at least two (2) informational meetings for mobile home park residents and owners and their representatives. The notices shall be sent by regular and certified mail and posted on the door of each long-term resident mobile home no later than fifteen (15) days before the hearings. The informational meetings shall be scheduled to maximize resident and owner participation, and the scheduling shall be subject to the approval of the Director or their designee. The informational meetings shall occur after the Notice of Intent has been issued and before any hearing on the Mobile Home Park Conversion Permit shall be held. City of South San Francisco File Number: 24-712 Enactment Number: ORD 1666-2025 (d) Notice of Relocation Impact Report. No later than fifteen (15) days after filing a completed application, the park owner or the park owner's authorized agent shall issue a written Notice of Relocation Impact Report with a copy of the Relocation Impact Report. The notice and Relocation Impact Report shall be sent by regular and certified mail and posted on the door of each mobile home. (e) (Notice of Application Approval. No later than ten (10) days after receiving final approval of a project application (concurrent with the fifteen (15) day appeal period), the park owner or the park owner's authorized representative shall notify each long-term resident household residing on the subject real property that the application has been approved. The notice shall be sent by regular and certified mail and posted on the door of each mobile home. (f) Notice of Termination. No later than ten (10) days after issuing the Notice of Application Approval, the park owner or the park owner's authorized representative shall provide a written Notice of Termination to all long-term residents subject to displacement pursuant to Civil Code Sections 1946 and 1946.1. The notice shall be sent by regular and certified mail and posted on the door of each mobile home. The date to vacate shall not be prior to the City's determination that the landlord has complied with this chapter. From the date of the Notice of Intent, each long-term resident household residing on the subject real property shall be entitled to a period of one (1) year before the issuance of the Notice of Termination. This period ensures that residents have adequate time to prepare for relocation and make necessary arrangements. The park owner or the park owner's authorized agent must adhere to this one (1) year notice period, ensuring no Notice of Termination is issued prior to the completion of this timeframe. 8.80.070 Required Findings. Approval of a Mobile Home Park Conversion Permit by the Department shall include conditions of approval to mitigate, to the full extent legally feasible, the adverse impact of the proposed conversion on the ability of displaced mobile home park residents to find adequate housing in a comparable mobile home park or, in the alternative, adequate replacement housing. The conditions of approval shall not exceed the reasonable costs of relocation of all long-term residents. Prior to approving a Mobile Home Park Conversion Permit, the Director, or their designee, shall make the following findings: (a) The applicant has complied with the provisions of this chapter and state law regarding conversion of mobile home parks; (b) Measures to address, to the full extent legally permissible, the adverse impacts of the conversion on the ability of displaced long-term residents to find adequate housing in a mobile home park or, in the alternative, adequate replacement housing have been taken; and (c) For Mobile Home Park Conversion Permit applications accompanied by any additional request for discretionary approval, including, but not limited to a request for subdivision, General Plan amendment, zoning amendment, or use permit, all required findings for the additional approval have been made. City of South San Francisco File Number: 24-712 Enactment Number: ORD 1666-2025 8.80.080 Conditions of Approval; Relocation Plan. The Mobile Home Park Conversion Permit shall include as conditions of approval relocation options for each displaced long-term resident in a relocation plan, as follows: (a) Moving allowance for long-term residents: For all long-term residents, relocation assistance shall include a moving allowance sufficient to pay for a move to another mobile home park or other replacement housing, within a thirty mile radius or, with Director approval, a one hundred (100) mile radius of the mobile home park to be vacated. The resident is responsible for any additional costs to move to a location outside of the radius. Moving allowance includes: 1) A full refund of a long-term resident's security deposit, if applicable, except for funds that may be necessary to repair a long-term resident's damage to property in rental mobile homes and or site; 2) Payment of moving costs for personal belongings and first and last month's rent and security deposit at the identified alternative housing for all long-term residents; 3) A sixty (60) day subscription to a rental agency service to support long-term residents in obtaining a site in a comparable mobile home within thirty (30) miles or, with Director approval, one hundred (100) miles of the mobile home park; and 4) The cash equivalent of six (6) months' rent shall be paid to the long-term resident household renting a unit. The amount to be paid shall be calculated at the time the relocation application is approved by the City based on the most recent U.S. Department of Housing and Urban Development's Fair Market Rent calculation for San Mateo County for a similar -sized unit with the same number of bedrooms. (b) Relocation assistance for long-term residents who own their mobile homes and whose homes can be relocated: 1) In addition to the moving allowance described above, the applicant shall pay all costs related to moving the mobile home, fixtures, and accessories to a comparable mobile home park within a reasonable distance of the park from which the mobile home owner is relocating. Costs shall include disassembly and moving costs, mobile home set-up costs, utility hook-up fees, and the reasonable temporary housing expenses for displaced mobile home residents for a period not exceeding thirty (30) days from the date of actual displacement until the date of occupancy at the new site. 2) The comparable mobile home park and the relocated mobile home shall conform to all applicable federal, state, and local regulations. 3) In addition, the applicant shall provide displaced mobile home owners with the payment of a lump sum equal to the difference in monthly rental rates for a period of twelve (12) months, if the site rent rate in the new mobile home park exceeds the rent rate in the mobile home park from which the resident is relocating. (c) Relocation assistance for long-term residents who own their mobile homes and whose homes cannot be relocated: 1) In addition to the moving allowance described above, the applicant shall pay for the in -place value of the mobile home and the cost of disposal of the mobile home in an approved facility. The in -place value shall be based on the appraisal included in the Relocation Impact Report, unless such appraisal is disputed by the mobile home owner. In that case, the mobile home owner may obtain an independent appraisal by a licensed appraiser at their own expense, and the in -place value shall be the average of the two appraisals, provided, however, that the applicant shall always pay at least the amount set forth in the Relocation Impact Report. City of South San Francisco File Number: 24-712 Enactment Number: ORD 1666-2025 (d) Relocation assistance for all other long-term residents: ! 1) If the mobile home unit is being rehabilitated, the financial assistance benefits required by this section need not be provided if comparable accommodations, as defined by the California Code of Regulations, are provided on or off the premises to the long-term residents during the period of rehabilitation. The park owner shall give a right of first refusal to relocate to a rehabilitated unit to each long-term resident who qualifies as very low income. When a comparable living site is provided, the applicant shall pay each affected long-term resident all reasonable moving and related expenses. 2) The financial benefits shall be paid by the mobile home park owner to the long-term resident within five (5) business days of written notice by the resident that they will vacate the premises on a date specified by the resident, but no more than thirty (30) calendar days in advance of the move -out date. Written notice forms approved by the Department shall be provided to the long-term residents by the park owner. (e) Relocation Counselor. The applicant shall give the Director reasonably satisfactory evidence of a contract between the applicant and the Relocation Counselor providing that no later than thirty (30) days after approval of the Mobile Home Park Conversion Permit the Relocation Counselor shall make personal contact with each displaced resident of the mobile home park and initiate the relocation assistance process. The contract shall require the Relocation Counselor to give each long-term resident a written notice of their options for relocation assistance. (f) Right of first refusal for residents. For all long-term residents, relocation assistance shall include the right of first refusal to purchase or rent new homes or apartments to be constructed on the park site, if applicable. Income -eligible residents may have first priority to purchase or rent any below market rate units which may be constructed on the park site, if they meet all eligibility requirements for the program. To receive priority for below market rate units, interested residents shall file a request with the Department before vacating the park. 8.80.090 Approval Timeline. A Mobile Home Park Conversion Permit will be approved no sooner than three hundred sixty-five (365) days after a Notice of Intent is issued, provided that all conditions and requirements of this ordinance are met. The following provides a high-level summary of the approval process for a Mobile Home Park Conversion Permit. This summary is for reference only; detailed provisions elsewhere in this chapter govern. (a) Application Review: 1) Park owner submits an application, including all required documentation. The Department reviews the application for completion of the filing requirements outlined in Section 8.80.040. 2) Staff reviews the application and issues a completeness determination within thirty (30) days of submittal. An "incomplete" determination will include a list of items that are needed to be considered a complete application. City of South San Francisco File Number: 24-712 Enactment Number: ORD 1666-2025 (b) Notice of Intent: 1) Park owner issues the notice to residents and the City no later than thirty (30) days after the application is deemed complete by the Department. (c) Verification of Notice: 1) Park owner submits evidence of compliance with notice requirements to the Department within fifteen (15) days of issuing the Notice of Intent. (d) Informational Meetings: 1) Park owner conducts least two (2) informational meetings with residents after the Notice of Intent is issued but before any hearings on the permit. 2) Notices for these meetings must be sent at least fifteen (15) days in advance. (e) Review of Application: 1) The Director or their designee makes required findings as outlined in Section 8.80.070, including approval conditions to mitigate the adverse impact of the proposed conversion. (f) Approval of Permit: 1) The Director or their designee must approve the permit no sooner than three hundred sixty-five (365) days after the Notice of Intent is issued, provided all conditions and requirements of this ordinance are met. (g) Notices Following Approval: 1) Notice of Application Approval: Issued to residents within ten (10) days of final permit approval. 2) Notice of Termination: Issued within ten (10) days after issuing the Notice of Application Approval, with at least one (1) year of notice prior to requiring residents to vacate the mobile home park. 8.80.100 Term of Permit Approval. The Mobile Home Park Conversion Permit shall expire one (1) year from the date of its approval, unless the applicant requests an extension setting forth satisfactory reasons for not proceeding within the one (1) year period. The Director may grant no more than two (2) such extensions of one (1) year each, based upon a showing that good faith progress has been made toward fulfilling the conditions of approval, or some intervening event not the fault of the park owner has prevented timely compliance with the conditions of approval. An application must be filed with the Department no less than sixty (60) days prior to the expiration of the Mobile Home Park Conversion Permit or any extension. If relocation assistance has not been provided to all long-term residents in accordance with this chapter within three (3) years of the original date of permit approval, a new Relocation Impact Report and application shall be required in accordance with this chapter. Each year on the anniversary date of the permit approval, the relocation assistance shall be increased by an amount equivalent to the increase in the cost -of living index for the Oakland/San Francisco area published by the U.S. Department of Labor. The index shall be for the quarterly period closest to the anniversary date of the permit. City of South San Francisco File Number: 24-712 Enactment Number: ORD 1666-2025 8.80.110 Appeals Process. The Mobile Home Park Conversion Permit appeals process is as follows: (a) Written appeal: 1) A long-term resident household or park owner may contest a decision, order, or determination regarding relocation payments or a notice of penalty or fine assessed this chapter by submitting an appeal in writing together with the appeal fee listed in the City's fee schedule. The appeal shall set forth the factual basis for disputing the decision, order, or determination. 2) Appeals must be addressed to the Director, and must be received within fifteen (15) days of the date appearing on the decision, order, or determination regarding relocation benefits or the notice of penalty or fine. A copy of the appeal must be provided by the appellant to any long-term resident household(s) or park owner(s) directly affected by the appeal on or by the same date that the appeal is received by the Director. (b) Hearing procedure: 1) Upon receipt of a written appeal and appeal fee, the Director shall schedule a hearing before the appeals panel, which shall be a three member subcommittee of the Planning Commission. Any long- term resident household(s) or park owner(s) directly affected by the appeal shall have the right to attend and participate in the hearing. 2) The appeal hearing shall be set for a date within thirty (30) days from the date that the appeal is filed, unless the Director determines that good cause exists for an extension of time. The appellant and any long-term resident household(s) or park owner(s) directly affected by the appeal shall receive notice of the time and place at least fifteen (15) days prior to the hearing unless the Director determined, in writing, that the matter is urgent, in which case the appellant and any long-term resident household(s) or park owner(s) directly affected by the appeal shall receive at least five (5) days' prior notice of the hearing. 3) Documentary evidence and names of potential witnesses shall be provided by the enforcement officer and the appellant to the appeals panel and any long-term resident household(s) or park owner(s) directly affected by the appeal at least five (5) days prior to the appeal hearing or as soon as practicable prior to the hearing. At the hearing, the long-term resident household(s) or park owner(s) directly affected by the appeal shall be given the opportunity to testify and to present evidence concerning the decision, order, or determination regarding relocation benefits or the notice of penalty or fine. The failure of appellant to appear at the appeal hearing shall constitute a forfeiture of the fine or penalty (if applicable). 4) The decision, order, or determination regarding relocation benefits or the notice of penalty or fine and any additional report submitted by the enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents. (c) Decision on appeal: 1) After considering all of the testimony and evidence submitted at the hearing, the appeals panel shall issue a written decision to uphold or cancel all or part of the decision, order, or determination regarding relocation benefits or the notice of penalty or fine and shall state the reasons for that decision. The decision of the appeals panel shall include findings regarding the evidence in the record and submitted at the hearing, as well as the existence of any proper grounds for the order to pay relocation benefits or the notice of penalty or fine. A copy of the appeals panel written decision shall be provided to the long-term resident household(s) as well as any park owner(s) directly affected by the appeal. City of South San Francisco File Number: 24-712 Enactment Number: ORD 1666-2025 2) If the appeals panel determines that the decision, order, or determination regarding relocation benefits or the notice of penalty or fine should be upheld, then the park owner shall pay the appropriate sum(s) to the long-term resident household(s) and/or the City within ten (10) days after the park owner's receipt of the appeals panel's written decision. 3) To the extent allowed by law, the decision, order, or determination regarding relocation benefits or notice of penalty or fine shall have the same force and effect as a resolution of the City Council for the purpose of filing a lien, special assessment, or for pursuing any other method of collection. 8.80.120 Conversion Through Closure. Whenever twenty-five (25) percent or more of the total number of mobile home sites within a mobile home park are uninhabited for more than ninety (90) consecutive days, and such condition was not caused by a natural or physical disaster beyond the control of the mobile home park owner, then such condition shall be deemed a "mobile home park closure" for the purposes of this ordinance. The mobile home park owner shall file an application for conversion within a reasonable amount of time as determined by the Director, in compliance with this chapter. A mobile home site is considered to be "uninhabited" when no rent is being paid for use of the site and it is either (i) unoccupied by a mobile home or (ii) occupied by a mobile home in which no person resides. A mobile home resident or other interested party who believes that twenty-five (25) percent or more of the total number of mobile home sites within a mobile home park are uninhabited may file a written statement to that effect with the Director. The Director or their designee shall investigate and determine whether an unpermitted conversion of a mobile home park has occurred. Once the Director makes such determination, a written notice that describes such determination shall be sent by the City to the mobile home park owner, mobile home park manager, and the person who filed the written statement. 8.80.130 Exemption from Relocation Assistance Requirements. Any person who files an application for a Mobile Home Park Conversion Permit may, simultaneously, and as part of the filing of such application, request an exemption from some or all of the relocation assistance requirements described in Section 8.80.080. The request shall be processed in conjunction with the application for the permit, and shall be distributed to each long-term resident household and mobile home owner at the time of application submittal. The applicant may request, in writing, an exemption if (i) the relocation assistance required exceeds the reasonable costs of relocation for displaced mobile home park residents; or (ii) if, as part of bankruptcy proceeding, the bankruptcy court has taken action that would prohibit or preclude the payment of relocation assistance benefits, in whole or in part; or (iii) if the relocation assistance required would eliminate all or substantially all reasonable economic value of the property for alternate uses. Any request for exemption shall contain at a minimum, the following information: (a) Statements of profit and loss from operations of the mobile home park for the five (5) year period immediately preceding the date of the application for exemption, certified by a certified public accountant. All such statements shall be maintained in confidence to the extent permitted by the California Public Records Act; (b) An estimate of the total cost of relocation assistance which would be required in compliance with Section 8.80.080. This estimate shall be based on surveys, appraisals, and reports that document the number of residents of the park who are able to relocate their mobile homes and those who would sell their mobile homes, and the costs related to providing the relocation assistance, as otherwise required under Section 8.80.080; City of South San Francisco File Number: 24-712 Enactment Number: ORD 1666-2025 (c) If the applicant contends that continued use of the property as a mobile home park necessitates repairs and/or improvements that are not the result of the park owner or applicant's negligence or failure to properly maintain such property, and that the costs thereof make continuation of the mobile home park economically infeasible, then the request shall include a report by a civil engineer or licensed general contractor outlining such costs. (d) If the proposed closure is due to conversion of the land to another use, an estimate of the value of the mobile home park, an estimate of the value as is, and estimate of value after the change shall be provided. These estimates shall be prepared by a certified real estate appraiser. (e) Any request for exemption filed pursuant to a bankruptcy proceeding shall be accompanied by adequate documentation regarding the case name, case number, and court in which the bankruptcy proceeding is pending, and copies of all pertinent judgments, orders and decrees of the said court. In determining whether to waive or modify a portion or all of any type of benefit that would otherwise be due under this ordinance, the Department may take into account the financial history of the mobile home park, its condition and the condition of the amenities and improvements thereon, the cost of any necessary repairs, improvements, or rehabilitation of said park, the estimated costs of relocation, the fair market value of the property for any proposed alternative use, the fair market value of the property for continued use as a mobile home park, and any other pertinent evidence requested or presented. The Department shall expressly indicate in its decision any waiver and the extent thereof and the reason therefor. The Department determination is subject to appeal by the parties and process indicated in Section 8.80.110. SECTION 4. Severability. If any section, subsection, sentence, clause or phrase of this Urgency Ordinance is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, it shall not affect the remaining portions of this Urgency Ordinance. SECTION 5. Effective Date. Following adoption by at least a four -fifths (4/5) vote of the City Council, this Urgency Ordinance shall be effective immediately upon adoption pursuant to Government Code Section 36937(b). SECTION 6. Publication and Effective Date. Pursuant to the provisions of Government Code Section 36933, a summary of this Urgency Ordinance shall be prepared by the City Attorney. Within fifteen (15) days after the adoption of this Urgency Ordinance, the City Clerk shall (i) publish the summary, and (ii) post in the City Clerk's Office a certified copy of the full text of this Urgency Ordinance along with the names of those City Council members voting for and against this Urgency Ordinance or otherwise voting. City of South San Francisco File Number: 24-712 es Enactment Number: ORD 1666-2025 At a meeting of the City Council on 1/8/2025, a motion was made by Councilmember Coleman, seconded by Vice Mayor Addiego, that this Ordinance be adopted. The motion passed. Yes: 5 Councilmember Coleman, Mayor Flores, Vice Mayor Addiego, Councilmember Nagales, and Councilmember Nicolas Attest by 9V41L osa G00%Acosta, City Clerk ayor City of South San Francisco