8.34.020 Definitions.
A. "Applicant" means the person(s), firm(s), entity(ies) or corporation(s) applying for any application for the purpose of converting, changing to another use, closing, or ceasing to use land as a mobilehome park. If the owner of the controlling interest in a mobilehome park is not the applicant, then the applicant must provide evidence of the controlling owner’s consent to the filing of the application.
B. "Cessation of use of land as a mobilehome park" means a decision by the owner(s) of a mobilehome park to discontinue the use of property as a mobilehome park which is not an adjudication of bankruptcy.
C. "Closure of a mobilehome park" means one of the following:
1. A closure of a mobilehome park occurs when less than seventy-five percent of the occupiable spaces are leased by qualified homeowners as defined in the Mobilehome Residency Law (Civil Code Section 798 et seq.). However, upon application of a mobilehome park owner, the city council may, in its absolute discretion and upon a finding of good cause, determine that a closure of a mobilehome park is not occurring, notwithstanding that less than seventy-five percent of the occupiable spaces are leased. Any such application by the mobilehome park owner shall be accompanied by an estimate of a qualified appraiser as to the fair market value of the mobilehome(s) and all associated fixed property for which the foregoing exemption is requested.
2. Notwithstanding the provisions set forth in subsection 1 of this definition, a closure of a mobilehome park occurs when the city council, in its absolute discretion and upon a finding of good cause, determines that the mobilehome park owner has acted and/or has failed to act in a manner which would cause a reasonable person to conclude that the mobilehome park owner intends to eliminate or reduce mobilehome spaces available for rent to the general public. Such acts or omissions include, but are not limited to, the withholding of available mobilehome spaces under the control of the mobilehome park owner, and statements by authorized agents and representatives of the mobilehome park owner to prospective buyers of the mobilehome park that the mobilehome park is being closed by the mobilehome park owner.
D. "Comparable housing" means housing which is comparable in floor area and number of bedrooms, bathrooms, and other rooms to the mobilehome to which comparison is being made, which housing meets the minimum standards of the Uniform Housing Code.
E. "Comparable mobilehome park" means any other mobilehome park within Sonoma County, substantially equal in terms of park amenities, rent and proximity to services.
F. "Conversion of a mobilehome park" means changing the use of a mobilehome park for a purpose other than the rental, or the holding out for rent, of two or more mobilehome sites to accommodate mobilehomes used for human habitation. A conversion shall include, but not be limited to, a change of any existing mobilehome park or any portion thereof to condominium, stock cooperative, planned unit development, or any form of ownership wherein spaces within the mobilehome park are to be sold, or the cessation of use of all or a portion of the park as a mobilehome park, whether immediately or on a gradual basis, or the closure of a park. "Conversion of a mobilehome park" shall not include a conversion of a mobilehome park to resident ownership.
G. "Conversion of a mobilehome park to resident ownership" means a sale, transfer or assignment of a mobilehome park either directly or indirectly in whole or in part to mobilehome park’s homeowners and prospective homeowners for the benefit of the mobilehome park’s homeowners and prospective homeowners. A conversion of a mobilehome park to resident ownership may include but not be limited to, conversion of the community to a subdivision, condominiums, planned development, community apartments, stock cooperative, other form of corporate ownership, or by a nonprofit organization qualified pursuant to Internal Revenue Code Section 501(c)(3) for the homeowners’ or prospective homeowners’ benefit. Notwithstanding any provision in this chapter to the contrary, in the event the conversion of a mobilehome park to resident ownership is by a nonprofit corporation qualified under Internal Revenue Code Section 501(c)(3), homeowners may or may not have the right to participate through direct ownership of the mobilehome park and the nonprofit shall not be required to make an offer of participation to the homeowners.
H. "Homeowner" means the owner(s) of a mobilehome.
I. "Impact report" means a report required by California Government Code Sections 65863.7 and 66427.4, as applicable, and containing the information set forth in Section 8.34.040. "Impact report" does not include the impact required by Government Code Section 66427.5(b) for conversion to resident ownership.
J. "Long-term lot" means any mobilehome lot that has been occupied by the same mobilehome for at least nine of the twelve months prior to the adoption of this chapter.
K. "Mobilehome" means a vehicle designed or used for human habitation and shall include camping trailers, motorhomes, slide-in campers and trailers, when used as the occupant’s principal place of residence, and mobilehomes as defined in Health and Safety Code Section 18211.
L. "Mobilehome lot" means any area or tract of land, or portion thereof, occupied or held out for occupancy by one mobilehome that is not owned by the park owner.
M. "Mobilehome park" means any area or tract of land where ten or more mobilehome lots are rented or leased or held out for rent or lease to accommodate mobilehomes used for human habitation.
N. "Resident" means a homeowner or tenant.
O. "Tenant" means a person who occupies a mobilehome within a mobilehome park pursuant to a bona fide lease or rental agreement and who, during his or her tenancy, is not the owner or member of the immediate household of the owner of the mobilehome.
(Ord. 2230 NCS §1 (part), 2006.)