Exhibit 2: Redline version of changes proposed to Land Use Code
17.28.030 Mobilehome park (MHP) overlay zone.
A. Purpose. The MHP overlay zone is applied to existing mobilehome parks. and mobilehome parks proposed and permitted after the adoption of the MHP overlay zone. The allowable density of development MHP overlay zone is determined byintended to promote the maintenance and viability of mobilehome parks through appropriate zoning. It is an overlay zone where mobilehome parks are established as the primary zoning district of the affected site.land use in order set the development standards for mobilehome parks and to limit the conversion of existing mobilehome parks, which are seen as a form of affordable housing, to other land uses. The MHP zoning districtoverlay zone is consistent with and implements all residential land use designations of the general plan.
The Senior Mobilehome Park (MHP-S) overlay zone is a sub-zone of the MHP overlay zone.
The MHP-S overlay zone is intended to promote and preserve a variety and balance of housing types within the city, and it provides assurances that existing senior mobilehome parks and senior mobilehome parks developed and permitted after the adoption of the MHP-S overlay zone will remain senior mobilehome parks.
B. Applicability. The provisions of this section apply to proposed land uses and development within the MHP overlay zone in addition to all other applicable requirements of this land use code. The Mobilehome Park overlay zone shall be designated by the symbol “MHP” on the City of Cotati Zoning Map. This designation applies to all of the mobilehome parks that existed in Cotati as of September 12, 2023, and any mobilehome parks proposed and permitted following that date. The Senior Mobilehome Park overlay zone shall be designated by the symbol “MHPS” on the City of Cotati Zoning Map. The MHP-S designation applies to the senior mobilehome park that existed in Cotati as of September 12, 2023, and any senior mobilehome parks proposed and permitted following that date. The MHP-S does not apply to any units in an MHP-S overlay zone that are not on mobilehome lots.
C. Allowable Land Uses and Planning Permit Requirements.
1. A mobilehome park is the only land use type listed in Section 17.22.020 (Allowable land uses and planning permit requirements) of this title that may be allowed on a site designated with the MHP overlay. A mobilehome park shall be authorized by the planning permit required for a mobilehome park by the primary zoning district and shall be designated as all ages or senior upon its development.
2. One hundred percent (100%) of the spaces or mobilehomes in mobilehome parks in the MHPS overlay zone shall be occupied by at least one person fifty-five (55) years of age or older. This senior occupancy requirement does not apply to or affect ownership of a mobilehome space or unit. As long as at least one occupant of a mobilehome in a senior mobilehome park is fifty-five (55) years of age or older, the senior occupancy requirement is satisfied as to that space or mobilehome, whether or not the owner of the mobilehome is fifty-five (55) years of age or older.
3. The signage, advertising, park rules, regulations, rental agreements, and leases for spaces in a senior mobilehome park in the MHP-S overlay zone shall state that the mobilehome park is a senior mobilehome park and specify that spaces or mobilehomes are only available for rent or lease by individuals such that at least one occupant of the space or mobilehome is fifty-five (55) years of age or older.
4. Spaces and mobilehomes in a mobilehome park in the MHP-S overlay zone shall be leased or rented only to occupants who will not cause the requirements of Section 17.28.030(C)(2) to be violated. If the occupants of a space or mobilehome, who cause the requirements of Section 17.28.030(C)(2) to be violated, rented or leased the space or mobilehome before the effective date of the ordinance codified in this Section, the occupants shall be allowed to remain, provided that when such occupants cease to occupy a space or mobilehome in the senior mobilehome park, the space or mobilehome cannot thereafter be rented or leased except to occupants who will not cause the requirements of Section
17.28.030(C)(2) to be violated.
D. Development Standards. Subdivision, site planning, development, allowable density, and new land uses on a site within the MHP overlay zone shall comply with all applicable development standards of the primary zoning district, and all other applicable provisions of this development code (e.g., Article 3 – Site Planning and Project Design Standards). A mobilehome park shall also comply with the applicable development standards of Section 17.42.110 (Mobilehomes and mobilehome parks) of this title. (Ord. 766 § 2 Exh. A (part), 2004).
E. Annual Certification for Senior Mobilehome Parks in MHP-S Overlay Zone The owner or operator of each mobilehome park in the MHP-S overlay zone shall, on an annual basis, conduct occupant age verification to ensure that the senior mobilehome park is in compliance with the senior occupancy requirement of this Section, and file documentation and a certification of compliance with the City, as follows:
1. Each senior mobilehome park in the MHP-S overlay zone shall conduct an annual occupant age verification to ensure that it qualifies as a senior facility under applicable federal and state law, and this Section, including collection of documentation establishing that one hundred percent (100%) of the occupied mobilehomes or spaces in the mobilehome park are occupied by at least one resident who is fifty-five (55) years of age or older in accordance with Section
17.28.030(C)(2). The verification process shall include surveys, affidavits, or other means of updating the initial information supplied by the occupants of the mobilehome park. A summary of this occupant age verification documentation is required to be filed with the City annually.
2. The owner or operator of each mobilehome park in the MHP-S overlay zone shall provide to the City an annual certification that the senior mobilehome park is in compliance with the senior occupancy requirement of this Section, in substantially the following form:
“I [name] hereby certify, under penalty of perjury in accordance with California law that there is at least one occupant fifty-five (55) years of age or older in the [number of occupied units] currently occupied units of the total [number of units in the park] units in the [name of senior mobilehome park] senior mobilehome park. I further certify that there are [number of unoccupied units] currently unoccupied units. This certification is based on my personal knowledge of the residents, and 1) Evidence provided to me in the form of official government documents containing specific information about the current age of the occupants, 2) Occupant affidavits, and/or 3) Age certifications made by occupants in their current lease or rental agreements.”
3. The deadline for filing the annual age verification and certification with the City shall be the date of fee collection and/or filings pursuant to the City’s mobilehome rent stabilization program as specified in Section 19.14.075(B).
4. If the operator or owner of a senior mobilehome park in the MHP-S overlay zone fails to comply with the obligations set forth in Section 17.28.030(E)(1)-(3), or if the City chooses to conduct age verification of a senior mobilehome park itself, the City Manager or his, her, or their designee is authorized to take all steps necessary to conduct occupant age verification, including but not limited to delegation to the owners of the senior mobilehome park of the obligation to conduct occupant age verification, for the purpose of complying with 24 C.F.R. Section 100.307.
F. Violations
1. Failure to comply with the requirements of this Section shall constitute a violation of the ordinance codified by this Section, and subject to enforcement and the remedies provided in Chapters 17.89, 1.28, and 9.100 of the Cotati Municipal Code.
2. Occupants of senior mobilehome parks in the MHP-S overlay zone who believe that potential violations of this Section may be occurring shall report such potential violations to the owner or operator of the senior mobilehome park and to the City. The owner or operator of a senior mobilehome park shall immediately investigate any report of a potential violation and shall respond to any potential violation in a timely and proactive manner.
3. Notwithstanding any other provision in this Code that may be to the contrary, if an occupant of a senior mobilehome park believes that the owner or operator of a senior mobilehome park has violated the provisions of this chapter, the occupant shall have the right to file an action for injunctive relief and/or actual damages against such owner or operator of the senior mobilehome park. Likewise, any owner or operator of a senior mobilehome park who believes that an occupant of a senior mobilehome park has violated the provisions of this chapter, the owner or operator of the senior mobilehome park shall have the right to file an action for injunctive relief and/or actual damages against such occupant. In any action brought under this chapter, the court may award reasonable attorney’s fees to any prevailing party. Nothing herein is intended to limit the damages recoverable by any party through a private action.