Senior Mobilehome Park
Zoning Overlay
Ordinance
Cotati City Council
Community Development
Department
November 28, 2023
Background
Countryside Mobile Park
425 W. Sierra Avenue
35 mobilehome units
Senior-only park
Residents primarily in
60s, 70s, & 80s
Background
August 2023: Property owner of Countryside held
“meeting and consultation” per State law to inform
residents of intent to change park rules and convert
to all-ages park
Countryside has been operated as a self-identified
senior park under “senior exemption” to federal Fair
Housing Act (Minimum 80% of units occupied by at
least one person age 55+)
Park rules: 100% of units must be occupied by at
least one person age 55+
Per State law, change in park rules may occur 6
months after meeting & consultation (Feb 2024)
Countryside residents asked City for assistance to
preserve senior-only status of the park
Countryside Mobile Park
entrance sign, 8/16/23
Background
Chief concerns about conversion to all-ages:
Loss of affordability and change in character of
park
City Council passed urgency ordinance to place
moratorium on conversion of senior MHPs on
September 12, and extended on October 24 for
a 22.5-month period
Council directed staff to explore mechanisms to
preserve the park’s senior-only status
Staff have identified the Senior Mobilehome
Park Overlay Zone as the best strategy
Overlay Zones (Land Use Code)
Overlay zones provide guidance for development
that is in addition to the primary (underlying) zoning
Primary zoning of Countryside property is
Neighborhood, Medium Density (NM)
Cotati already has a Mobilehome Park zoning overlay
(“MHP” on the Zoning Map) on its 3 existing parks—
Countryside, Sierra, and Ramble Creek
MHP overlay restricts allowable land uses on those
properties to mobilehome park only—preventing
conversion to any other use, even other types of
residential
MHP does not relate to age of residents
MHP Overlay Zone
Senior Mobilehome Park Overlay Zone
Amends existing MHP Overlay to add minimum age
requirements for certain properties: “MHP-S”
Many jurisdictions in CA have adopted this mechanism
Prohibits conversion to non-senior parks, based on the legal senior housing exemption: At least 80% of units
must be occupied by at least one person 55 or older
City of Yucaipa, 2009: 22 senior mobilehome parks
preserved through an overlay zone ordinance
Subsequent lawsuit, and in 2012 the 9th Circuit court found in favor of Yucaipa, upheld overlay zone
Petaluma ordinance October 2023
Cotati’s proposed ordinance modeled after Yucaipa’s
Senior Mobilehome Park Overlay Zone
Requires 100% of units to have at least one 55+ occupant Following the tested legal model with 80% at 55+ as a minimum (local jurisdictions allowed to require
higher standard)
Reflects existing park rules as a self-identified senior park
100% at 62+ exemption also exists in federal law but
would introduce a higher standard than existing park
rules
Caregivers of any age OK with a senior of 55+
Residents of non-age-compliant units will not be
displaced
Age restriction applies to unit occupant, not unit owner Senior Mobilehome Park Overlay Zone
Proposed ordinance places MHP-S overlay on
Countryside property
35 mobilehome units in the senior park
One additional single-family house on the property is exempt from ordinance
MHP-S overlay may be placed on any newly
created senior mobilehome park in the future
Use Permit required to develop new mobilehome
parks or to add units to existing mobilehome park
Senior Mobilehome Park Overlay Zone
Enforcement of MHP-S Overlay:
Park property owner required to conduct annual
age verification & submit to City
Violation = Code Enforcement action
Residents have legal recourse if violations occur
Oct 17 community meeting and Oct 24 on-site
survey of Countryside residents = strong support
for preservation of senior park status
Planning Commission Recommendation
Public Hearing on November 6, 2023
Commission passed Resolution
recommending that the Council adopt
the MHP-S Overlay Ordinance
Recommendation
The Community Development
Department and the Planning Commission
recommend that the City Council hold a
public hearing, conduct a first reading,
and introduce an ordinance establishing
the Senior Mobilehome Park Overlay Zone
(MHP-S) and amending the Zoning Map to
designate the property at 425 W. Sierra
Avenue as MHP-S.