ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COTATI AMENDING
THE MOBILEHOME PARK 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 OF COTATI’S ZONING MAP TO DESIGNATE THE PROPERTY LOCATED AT 425 W. SIERRA AVENUE, COTATI, ASSESSOR’S PARCEL NUMBER 144-340-014, WITH THE SENIOR MOBILEHOME PARK (MHP-S)
OVERLAY ZONE
WHEREAS, on May 24, 2023, the Cotati City Council adopted the 2023-2031 Housing Element Update to the General Plan (“Housing Element”), which includes goals and policies related to housing, including preservation of mobilehome parks and expansion of housing opportunities for seniors; and
WHEREAS, as described in the Housing Element, Cotati’s population increased 4.4% between 2010 and 2020, compared to the population of Sonoma County as a whole, which increased only 1% between 2010 and 2020, and this growth may increase housing demand in Cotati; and
WHEREAS, seniors comprise a significant and growing portion of Cotati’s population.
According to the Housing Element, senior households make up 22.3% of the total households in Cotati. In addition, senior individuals (age 65 and above) made up 13.1% of Cotati’s total population in 2019, and the senior population has increased by approximately 36.3% since 2013, compared to a 2.1% rate of increase for Cotati’s population overall. From 2013 to 2019, the 85 years and older age group increased by 193%, and the 65 to 74 age group increased by 56.9%. In addition, as of 2019, 9.9% of Cotati’s population is in the 55-64 age group; and WHEREAS, according to the Association of Bay Area Governments’ Plan Bay Area 2050 Regional Growth Forecast, the Bay Area’s population in the 65+ age group is anticipated to grow in the decades ahead, more than doubling between 2015 and 2050, from 14% of the total population to 23%; and
WHEREAS, there are a considerable number of households (1,042, or 36.7%) in Cotati with incomes at the “lower” level (80% of AMI or less) as of 2019, according to the Housing Element, and in 2017 there were 1,113 households (39%) cost-burdened by high housing costs relative to income. In addition, the Housing Element reports that in April 2022, the median home value in Cotati hit a new peak of $753,319. Furthermore, according to research from the University of California, Berkeley, 54.2% of households in Cotati live in neighborhoods that are susceptible to or experiencing displacement; and
WHEREAS, mobilehome parks constitute a significant portion of Cotati’s affordable housing stock, and a significant number of mobilehome park residents in Cotati are senior citizens with fixed incomes, qualifying as very-low or low-income individuals according to criteria established by the California Department of Housing and Community Development; and WHEREAS, the City of Cotati has recognized the importance of mobilehome parks to the supply and affordability of Cotati’s housing stock, having previously codified the following in the Cotati Municipal Code: The Mobilehome Park Zoning Overlay (Section 17.28.030), which preserves mobilehome parks as an exclusive use in the properties within the overlay zone; Chapter
17.46 Conversion of Mobilehome Park to Other Uses, which controls and limits property owner conversion of mobilehome parks to other uses; and Chapter 19.14 Mobilehome Park Space Rent Stabilization, which controls rent increases; and
WHEREAS, certain senior mobilehome parks in Cotati are faced with the threat of conversion to all-age mobilehome parks, which would allow mobilehomes to be occupied by persons of any age, regardless of whether at least one person aged fifty-five or older (55+) resides in and is a tenant in the mobilehome, and such conversions to non-senior housing would result in the loss of existing predominantly senior mobilehome housing, which tends to be more affordable than all-age mobilehome housing, which will have detrimental impacts on the seniors of this community, including threats to health, safety, and welfare; and WHEREAS, in contrast to other senior housing opportunities in Cotati, mobilehome parks afford seniors with independence and the ability to live in their own homes rather than in rental apartments or other higher density housing; and
WHEREAS, seniors in mobilehome parks have deliberately chosen to reside in senior communities to enjoy a quieter and more age-appropriate living environment, and the decision to purchase a mobilehome in a senior mobilehome park was often based on the understanding that these mobilehome parks would only accept applications for a new tenancy that include at least one person fifty-five years of age or older (55+) who will reside and be a tenant in the mobilehome.
The addition of families and children might increase noise and activity levels within the mobilehome park, which could be disruptive to senior residents who value peace and quiet, thereby affecting their overall wellbeing. Furthermore, senior mobilehome parks often develop a closeknit and supportive community of residents who share similar interests and lifestyles, and introducing a more diverse age group could alter the social atmosphere and dynamics of the community, potentially impacting the sense of belonging and camaraderie among existing senior residents. In addition, some seniors may have chosen to live in a senior mobilehome park because of health-related reasons and the stress or disruption caused by the conversion to an all-age mobilehome park could potentially impact their health and wellbeing; and WHEREAS, households in all-age mobilehome parks are more likely to have two or more income earners participating in household finances, whereas senior residents are more likely to be on fixed incomes and/or have fewer income earners, and therefore converting senior mobilehome parks to all-age parks might lead to increased rents, which might lead to loss of housing that is affordable and available to seniors; and
WHEREAS, the City recognizes the importance of respecting the preferences and expectations of its senior residents and preserving the unique character and ambiance of senior mobilehome parks that have been specifically designed to cater to the needs and desires of seniors seeking a quiet and supportive community; and
WHEREAS, the potential conversion of senior mobilehome parks to all-age mobilehome parks, contrary to previous representations and agreements on which residents of seniors mobilehome parks have relied when entering into their leases, poses a significant threat to the rights and expectations of senior residents who have invested in their homes and chosen these senior communities as their places of residence; and
WHEREAS, the mobilehome park residents’ reliance on the representations made by mobilehome park management and owners in the leases, rental agreements, and park rules underscores the importance of maintaining the integrity of these agreements to ensure that senior residents are not unfairly forced to uproot their lives and homes; and WHEREAS, the use of Civil Code Section 798.25 by mobilehome park owners and operators to convert senior mobilehome parks without the consent and despite the objections of senior residents undermines the protections afforded to seniors that have existing leases in the selfdesignated senior mobilehome parks; and WHEREAS, it is essential to recognize the unique needs and vulnerabilities of seniors and to ensure that they are not subject to housing instability, unsustainable financial burdens, or emotional distress due to changes in park regulations; and WHEREAS, the lack of available affordable housing options for seniors in Cotati and surrounding areas may cause financial hardship and force seniors to relocate to other cities or states, separating them from their established communities, support networks, and medical care providers and facilities, or may lead to increased homelessness; and WHEREAS, preserving the limited supply of senior mobilehome parks in Cotati is essential to ensure that seniors can continue to age in place and maintain a sense of stability and belonging in their retirement years; and
WHEREAS, according to a 2021 American Association of Retired Persons survey, more than ninety-seven percent (97%) of persons ages fifty (50) and older would prefer to stay in their current residence as long as possible; and
WHEREAS, it is in the best interest of the City of Cotati to protect the rights and quality of life of its senior residents, recognizing their contributions to the community and the importance of meeting their unique housing needs; and
WHEREAS, the California Mobilehome Park Residency Law, the California Fair Employment and Housing Act, and the Federal Fair Housing Act each recognize the need for and value of senior housing by expressly exempting facilities that qualify as housing for older persons, including facilities in which at least 80% of the occupied units are occupied by at least one person who is fifty-five (55) years of age or older, from the prohibition on discrimination based on familial status; and
WHEREAS, the Housing for Older Persons Act amendments to the federal Fair Housing Act, 47 U.S.C. Section 3607(b), and the provisions of the implementing regulations set forth in the Code of Federal Regulations (24 CFR 100.304(b)(4)), the Appendix thereto (64 Fed. Reg. 16331), and 24 CFR 100.305, provide that a senior housing facility or community includes a municipallyzoned area and that an area zoned by a unit of local government as senior housing satisfies the intent requirement of the housing facility or community for older persons housing exemption from the provisions of the Fair Housing Act prohibiting discrimination based on familial status, and as further established by the Ninth Circuit Court of Appeals in its holding in Putnam Family Partnership v. City of Yucaipa, 673 F.3d 920 (9th Cir. 2012); and WHEREAS, the California Mobilehome Park Residency Law, the California Fair Employment and Housing Act, and the Federal Fair Housing Act permit local regulation of mobilehome park housing to provide “housing for older persons” to include housing that requires at least 80% of the occupied units be occupied by at least one person who is fifty-five (55) years of age or older; and
WHEREAS, the California Unruh Civil Rights Acts (California Civil Code Section 51 et seq.) allows establishment of mobilehome housing that is age-restricted where such restrictions are consistent with the Federal Fair Housing Act and its subsequent amendments and existing implementing regulations; and
WHEREAS, at a regular City Council meeting on September 12, 2023, the City Council adopted Interim Urgency Ordinance No. 922 imposing a moratorium on the conversion of any mobilehome park currently existing in the City from a park occupied primarily or exclusively by residents 55 years of age or older into all-age mobilehome parks for 45 days from that date, and directed staff to prepare a Senior Mobilehome Park Overlay Zone ordinance for the Council’s consideration, which would create a senior mobilehome park overlay zone in Title 17, Land Use, of the Cotati Municipal Code; and
WHEREAS, at a regular City Council meeting on October 24, 2023, the City Council adopted an extension to Interim Urgency Ordinance No. 922 of September 12, 2023 for a period of twenty-two months and fifteen days; and
WHEREAS, the City Council intends that this Ordinance to establish the Senior Mobilehome Park Overlay Zone be consistent with, comply with, and implement the Federal Fair Housing Act as amended by the Housing for Older Persons Act and the California statutes providing housing for older persons exemptions from statutes prohibiting restrictions in housing based on familial status; and
WHEREAS, this Ordinance codifies the City Council’s intent to provide “housing for older persons,” consistent with the Housing for Older Person Act amendments to the Federal Fair Housing Act 42 U.S.C. Section 3607(b) and the provisions for implementation set forth in the Code of Regulations (24 CFR Section 100.304(b)(4)), the Appendix thereto (64 Fed. Reg. 16331), and 24 CFR 100.305, which provide that a permissible senior housing facility or community includes a municipally-zoned area, and which zone, when established, satisfies the “intent” requirement of the “housing for older persons” exemption from the provisions of the Fair Housing Act prohibiting discrimination based on familial status; and WHEREAS, this Ordinance is necessary to provide for the public safety, convenience, and general welfare of the residents of the City of Cotati. The amendment to Title 17 (Land Use) of the Cotati Municipal Code, enacted by this Ordinance, is necessary to mitigate the unregulated effects of the conversion of senior mobilehome parks to all-age mobilehome parks, the potential shrinking of inventory of existing quality housing which is affordable to seniors, and to prevent inconsistency with the Housing Element and with the 2015 General Plan adopted by the City of Cotati (“General Plan"); and
WHEREAS, one of the purposes of Title 17 of the Cotati Municipal Code is to ensure that the General Plan may be implemented, and adoption of changes to the Cotati Land Use Code are necessary to implement the General Plan with regard to its goals; and WHEREAS, one of the purposes of the Cotati Municipal Code is to codify which land uses are allowed and set the standards for said land uses in order to preserve the quality of life in Cotati; and
WHEREAS, the Legislature of the State of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, on November 6, 2023, the Planning Commission of the City of Cotati held a duly noticed public hearing to review the proposed ordinance adopting amendments to Sections
17.20.020, 17.28.030, and 17.90.020 of the Cotati Municipal Code to amend the Mobilehome Park (MHP) Overlay Zone and establish a Senior Mobilehome Park (MHP-S) Overlay Zone, and to amend the City’s Zoning Map to designate the property located at 425 W. Sierra Avenue, Cotati, Assessor’s Parcel Number 144-340-014, with the Senior Mobilehome Park (MHP-S) Overlay Zone. After reviewing and providing direction to staff, the Planning Commission voted to approve a resolution recommending adoption of the proposed ordinance; and WHEREAS, on November 28, 2023, the City Council of the City of Cotati held a duly noticed public hearing on the proposed ordinance to amend the Mobilehome Park (MHP) Overlay Zone and establish a Senior Mobilehome Park (MHP-S) Overlay Zone, and to amend the City’s Zoning Map to designate the property located at 425 W. Sierra Avenue, Cotati, Assessor’s Parcel Number 144-340-014, with the Senior Mobilehome Park (MHP-S) overlay, received the staff report, reviewed a presentation from the Planning Division, and considered all oral and written comments submitted to the City regarding the Ordinance prior to voting to introduce the Ordinance.
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF COTATI DOES ORDAIN AS FOLLOWS:
SECTION 1: Recitals.
The above recitals are true and correct and are incorporated into the findings herein.
SECTION 2: Record
The Record of Proceedings (“Record”) upon which the City Council makes its decision includes, but is not limited to: 1) the 2015 General Plan, 2) the FEIR certified for the 2015 General Plan, 3) the 2023-2031 Housing Element Update adopted by the City Council in 2023, 4) the Mitigated Negative Declaration certified for the 2023-2031 Housing Element, 5) all staff reports, City files and records and other documents prepared for and/or submitted to the City Council related to adoption of Interim Urgency Ordinance No. 922, on September 12, 2023, prohibiting the conversion of senior mobilehome parks and the adoption of the extension to Interim Urgency Ordinance No. 922, on October 24, 2023, prohibiting conversion of senior mobilehome parks, and 6) all staff reports, City files and records and other documents prepared for and/or submitted to the City Council related to adoption of the amendments to Title 17 (Land Use) of the Cotati Municipal Code to amend the Mobilehome Park (MHP) Overlay Zone and establish a Senior Mobilehome Park (MHP-S) Overlay Zone, and to amend the City’s Zoning Map to designate the property located at 425 W. Sierra Avenue, Cotati, Assessor’s Parcel Number 144-340-014, with the Senior Mobilehome Park (MHP-S) zoning overlay.
SECTION 3: General Plan Consistency
The Council of the City of Cotati does hereby find that the amendments to Title 17 (Land Use) of the Cotati Municipal Code to amend the Mobilehome Park (MHP) Overlay Zone and establish a Senior Mobilehome Park (MHP-S) Overlay Zone, and to amend the City’s Zoning Map to designate the property located at 425 W. Sierra Avenue, Cotati, Assessor’s Parcel Number 144- 340-014, with the Senior Mobilehome Park (MHP-S) overlay, as set forth in this Ordinance, is in the best interest of the City in that it will further establish 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
SECTION 4: Compliance with the California Environmental Quality Act.
The Council of the City of Cotati does hereby find that the proposed ordinance to amend Title 17 (Land Use) of the Cotati Municipal Code to establish the Senior Mobilehome Park Overlay Zone 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.
SECTION 5: Amendment to the Cotati Municipal Code. Section 17.20.020, Table 2-1 is amended to add the Senior Mobilehome Park Overlay Zone, as follows:
Table 2-1
Zoning Districts
Zoning Map
Symbol Name of Zoning District General Plan Designation Implemented by Zoning District Location within
Transect
Low Density and Neighborhood Zones
OSC Open Space, Conservation Open Space MORE RURAL
OSR Open Space, Recreation Parks –
RR Rural Residential Rural –
RVL Residential Very Low Density Low Density Residential – NL Neighborhood, Low Density Low-Medium Density Residential – NM Neighborhood, Medium Density Medium Density Residential TO NU Neighborhood, Urban High Density Residential –
Mixed Use Corridor and Downtown Zones –
CE Commercial, East Cotati Ave.
Corridor
Office, General Commercial –
CG Commercial, Gravenstein Corridor Highway Commercial, General Commercial
–
CA Commerce Avenue Downtown Specific Plan –
NG Northern Gateway Downtown Specific Plan –
CD Downtown Commercial General Commercial, La Plaza Specific Plan
–
HC Historic Core Downtown Specific Plan –
LP La Plaza Downtown Specific Plan MORE URBAN
Districts
CI Commercial/ Industrial District Commercial/ Industrial IG General Industrial District General Industrial
Special Purpose and Overlay Zones
CP Coordinated Planning Overlay All
MHP Mobilehome Park Overlay All Residential
MHP-S Senior Mobilehome Park Overlay All Residential
PF Public Facility Public Facilities
SPSW Specific Plan, Santero Way All
SPD Specific Plan, Downtown General Commercial, Low Density Residential, Parks
SECTION 6: Amendment to the Cotati Municipal Code. Section 17.28.030 is amended as follows:
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 MHP overlay zone is intended 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 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 overlay 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.
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.
SECTION 7: Amendment to the Cotati Municipal Code. Section 17.90.020 is amended to add the following definition:
“Senior mobilehome park” means a mobilehome park in which one hundred percent (100%) of the occupied spaces or mobilehomes are occupied by, or intended for occupancy by, at least one person who is fifty-five (55) years of age or older. In keeping with this age requirement, a senior mobilehome park is distinct from a non-senior, all-age, or family mobilehome park.
SECTION 8: Zoning Map Amendment.
The senior mobilehome park located at 425 W. Sierra Avenue, Cotati, Assessor’s Parcel Number 144-340-014, is hereby designated Senior Mobilehome Park (MHP-S) and the City’s Zoning Map is amended accordingly.
SECTION 9: Construction and severability.
It is the intent of the City Council of the City of Cotati to supplement applicable state and federal law and not to duplicate or contradict such law, and this ordinance shall be construed consistently with that intent. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council of the City of Cotati hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
SECTION 9: Effective date.
This ordinance shall take effect thirty (30) days after its adoption pursuant to the California Government Code.
SECTION 10: Publication. The city clerk shall cause this ordinance to be published and/or posted as required in Section 36933 of the California Government Code.
IT IS HEREBY CERTIFIED that the foregoing ordinance was introduced at a regular meeting of the City Council of the City of Cotati held on November 28, 2023, by the following vote, to wit:
RESULT:
MOVER:
SECONDER:
AYES:
IT IS HEREBY CERTIFIED that the foregoing ordinance was duly adopted at a regular meeting of the City Council of the City of Cotati held on November 28, 2023, by the following vote, to wit:
RESULT:
MOVER:
SECONDER:
AYES:
Approved:___________________________
Mayor
Attest:______________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
______________________________
City Attorney
This document is a true and correct copy of Ordinance Number ### and has been published or posted pursuant to law. California Government Code § 40806
______________________________
Kevin Patterson, Deputy City Clerk