Cotati City Council
Agenda Staff Report
Item type: PUBLIC HEARINGS (ACTION)
To: City Council
Subject: Consideration, First Reading and Introduction of an Ordinance Establishing the Senior Mobilehome Park Overlay Zone By Amending Title 17 (Land Use) of the Cotati Municipal Code, and Designating the Property at 425 W. Sierra Avenue with the Senior Mobilehome Park Overlay Designation
Date: November 28, 2023
Written by: Autumn Buss, Associate Planner
Recommendation
It is recommended by the Community Development Department and the Planning Commission that the City Council hold a public hearing and introduce and conduct the first reading of an ordinance amending the Mobilehome Park (MHP) Overlay Zone, establishing the Senior Mobilehome Park Overlay Zone by amending Sections 17.20.020, 17.28.030, and 17.90.020 of Title 17 (Land Use) of the Cotati Municipal Code, and amending the City’s Zoning Map to designate the property located at 425 W. Sierra Avenue, Assessor’s Parcel Number 144-340-014, with the Senior Mobilehome Zone Designation.
Background
Cotati has three mobilehome parks, one of which, the 35-unit Countryside Mobilehome Park, has for many years been self-identified through the property owner’s rules and street signage as a “senior” park, for occupancy by seniors only. The park has been allowed to self-identify as a seniors-only park due to an exemption provided by the Housing of Older Persons Act of 1995, which exempts “senior housing communities and facilities” from the 1968 federal Fair Housing Act’s prohibition against familial status discrimination. To qualify for this “senior exemption,” a senior housing community must:
1. Have at least 80% of the units be occupied by at least one person who is 55 years of age or older;
2. Publish and adhere to policies and procedures that demonstrate the intent to operate as “55 or older” housing; and
3. Comply with regulatory requirements for age verification of residents.
In keeping with Countryside MHP’s self-identified status as a senior park under this senior exemption, the majority of the residents are in their 60s, 70s, or 80s. Many of the residents have lived in the park for years.
In July 2023, the property owner of Countryside MHP initiated a process to change the park rules to convert the park from senior-only to all-ages. This process is regulated by California Civil Code 798.25(b), which stipulates that a “meeting and consultation” occur prior to mobilehome park rule changes, and that park rules may go into effect six months thereafter. The property owner notified Countryside MHP residents on July 26 that a meeting to consult on the rule changes would take place on August 10, 2023. This meeting was held, and although the residents are generally opposed to the proposal to convert to an all-ages park, the proposed change would take effect on February 6, 2024, barring any action to prevent it.
In August 2023, the president of the Countryside MHP residents’ association and a number of other Countryside MHP residents reached out to the City for assistance in preventing the park conversion. A key concern is loss of affordability and displacement due to increased rents, as an all-ages park might attract households with multiple income earners that can afford a higher space rent than fixed-income seniors. Another major concern is that the character of the park would change fundamentally with conversion to an all-ages park, contrary to residents’ expectations based on the long-standing senior-only nature of the park, and that this change would result in a loss of peace, quiet, and the sense of community that the residents have developed with their neighbors.
In response to the Countryside MHP residents’ request, the City Council directed staff to prepare an urgency ordinance prohibiting the conversion of senior mobilehome parks for 45 days, which was approved and went into effect on September 12, 2023 (see Attachment 1 for staff report).
The Council approved a 22.5-month extension of the conversion moratorium ordinance on October 24. The Council also directed staff to explore methods to codify preservation of Countryside MHP as a senior park.
Staff have identified a Senior Mobilehome Park Overlay Zone as the appropriate mechanism to preserve the senior-only status of Countryside MHP, and have prepared an ordinance to that effect for the City Council’s consideration. Overlay zones are a land use tool intended to provide guidance for development in addition to the standards and regulations of the primary, underlying zoning that is applied to a given property.
On October 17, the City hosted a community meeting for residents of Countryside MHP to discuss the potential overlay zone and to receive input. The meeting was attended by at least 24 park residents, who overwhelmingly expressed support for the proposed overlay zone and gratitude for the City’s attention to this matter.
On October 24, City staff visited Countryside MHP and spoke with a number of residents who were unable to attend the October 17 meeting, and again received unanimous support for the proposed overlay zone.
Analysis/Discussion
As a land use, mobilehome parks in Cotati are already protected from conversion to other uses by the existing Mobilehome Park (MHP) Overlay Zone in the City’s Land Use Code. The MHP overlay can be placed on any residentially-zoned property, although it is currently only applied to the three existing mobilehome parks in Cotati (Countryside as well as Sierra and Ramble Creek, which are both all-ages). CMC Section 17.28.030C states that “A mobilehome park is the only land use type . . . that may be allowed on a site designated with the MHP overlay.” Therefore, conversion of an existing mobilehome park to another use, even another residential use, would require an amendment of the Land Use Code.
However, while mobilehome parks in general are “protected” by the City’s Code, this protection does not currently extend to any limitations based on occupant age—but this can be changed. A number of cities throughout California, seeking to preserve their existing self-identified senior mobilehome parks, have adopted senior mobilehome park overlay zones that specifically prohibit conversion to all-age parks, based on the senior exemption in the Housing of Older Persons Act when at least 80% of units are occupied by at least one person age 55 or older.
This approach has been legally tested. In 2009, the City of Yucaipa adopted such an overlay zone to preserve the senior-only status of its 22 mobilehome parks, and was subsequently sued by park property owners. In 2012, the Ninth Circuit court ruled in favor of the City of Yucaipa, holding that the City’s ordinance did not violate federal law due to the senior exemption. This court decision is consistent with a California Attorney General Opinion that was issued in 2004. Many other jurisdictions in California have adopted very similar ordinances, including the City of Petaluma last month.
The ordinance before the City Council is modeled after the successful City of Yucaipa ordinance and others, and would do the following:
1. Amend the existing MHP Overlay Zone in the Land Use Code to establish the Senior Mobilehome Park Overlay Zone (“MHP-S”), which would require that 100% of the units in a mobilehome park in that overlay be occupied by at least one person age 55 or older. • This is in keeping with Countryside’s own long-time rules, and with the federal senior exemption that is allowed when at least 80% of the units are occupied by at least one person age 55 or older. The 80% standard is a minimum, not a maximum, and it is allowable under federal law for a local jurisdiction to set a higher standard. • The requirement that only one person age 55 or older occupy each unit would allow senior residents to have a live-in caregiver of any age.
2. Apply the MHP-S Overlay to 425 W. Sierra Avenue, the 4.73-acre property on which Countryside MHP is located.
• Any units in the Countryside MHP which are not currently compliant with the proposed age restriction would be considered “legally nonconforming” and the residents would not be displaced. When such units become vacant, they would need to be occupied such that they are in compliance with the ordinance’s age restriction. • Should other senior mobilehome parks be developed in Cotati in the future, the overlay could be applied to those properties as well. Development of a mobilehome park requires Use Permit approval.
3. Require that park owners conduct annual age verification of occupants to ensure compliance with the MHP-S Overlay Zone, along with submittal of age verification documentation and a certification of compliance to the City. • Failure to comply with the standards of the MHP-S Overlay Zone would be considered a Code violation and would enforceable by the remedies provided within the Code.
• Codification of the occupant age requirement will allow occupants of senior mobilehome parks in the MHP-S Overlay Zone to pursue legal action against park owners and operators in the case of violations.
It should be noted that the Housing of Older Persons Act also allows a category of senior exemption in which 100% of the units are occupied by at least one person age 62 or older.
However, Yucaipa and the other jurisdictions that have adopted senior mobilehome park overlay zones have opted to codify an age minimum of 55 years. This standard allows some flexibility for mobilehome park property owners as well as residents. Also, in the case of Countryside MHP, the 55+ age requirement is also reflective of the park’s existing rules, which means that the proposed ordinance maintains the status quo and is legally supportable.
The parcel on which Countryside MHP is located includes one single-family house that is not a mobilehome, is not located on a mobilehome lot, and has not been included in the senior-only park community by the property owner, and thus will not be subject to the senior-only requirements of the overlay zone.
The primary zoning of the property on which Countryside MHP is located is Neighborhood, Medium Density (NM). Based on the allowable NM density range of 8-10 dwelling units/acre, it is possible that additional units could be added to the property, as long as all other applicable NM district development standards such as setbacks and lot coverage could be met. Any units added would need to be mobilehomes (in keeping with the existing MHP Overlay) and would require City review and Design Review approval. The adoption of the MHP-S Overlay Zone does not impact the underlying NM zoning or the application of its standards.
General Plan Consistency
The proposed Senior Mobilehome Park Overlay Zone will further established goals, policies, and implementation programs of the General Plan, including the 2023-2031 Housing Element, to expand housing opportunities for seniors and preserve mobilehome parks.
Specifically, these amendments are consistent with and implement the following General Plan Housing Element policies and programs:
Goal H-1: Resilient & Safe Housing: Conserve and improve the existing housing stock to provide adequate, safe, and decent housing for all Cotati residents.
Policy H-1.1: Encourage housing rehabilitation and preservation to assist in the health, affordability, and vibrancy of neighborhoods.
Policy H-1.6: Encourage the preservation and maintenance of mobile home parks.
Goal H-3: Affordable, Attainable & Accessible Housing: Expand affordable housing opportunities for lower income households and persons with special housing needs, including seniors, disabled Persons, Developmentally Disabled Persons, and Homeless Persons and Families
Goal H-4: Affirmatively Furthering Fair Housing: Promote Housing Opportunities for All Persons Regardless of Race, Gender, Age, Marital Status, Ancestry, National Origin, Color, or Sexual Orientation
In addition, the General Plan land use designation for 425 W. Sierra Avenue, the property on which Countryside Mobile Home Park is located, is Medium Density Residential, which is consistent with the current land use and density on the property. The proposed MHP-S overlay will not impact the implementation of the land use designation.
Planning Commission Review and Recommendation
The Cotati Planning Commission held a public hearing and discussed the proposed MHP-S Overlay Zone Ordinance at its November 6, 2023 meeting. The Commission voted unanimously to adopt a resolution recommending that the City Council adopt the Ordinance.
Financial Considerations
With the exception of the staff time needed to create the Ordinance, there are no direct financial impacts to the general fund associated with the creation of the Ordinance. However, there may be future costs and staff time associated with enforcement of the ordinance, if necessary.
Environmental Issues
The proposed overlay zone ordinance is exempt from the California Environmental Quality Act as it qualifies for the categorical exemption for existing facilities in Section 15301, the categorical exemption for minor alterations in Section 15305, and the commonsense exemption in Section 15061(b)(3). In addition, the proposed ordinance is consistent with the program Final Environmental Impact Report (SCH# 2013082037) for the Cotati General Plan Update that was certified on March 24, 2015 (Resolution Number 2015-11), the Mitigated Negative Declaration certified for the 2023-2031 Housing Element (SCH # 2013082037) adopted and certified on June 2, 2023; that this ordinance is consistent with and implements the City’s adopted General Plan, including the 2023-2031 Housing Element and no new environmental impacts peculiar to the project site(s) have been realized or identified, therefore no additional environmental analysis is required under CEQA Section 15183, and therefore pursuant to Section 15168 of the CEQA Guidelines, as such no further environmental review is required.