port san luis trailer park - Homepage | Port San Luis Harbor District
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port san luis trailer park - Homepage | Port San Luis Harbor District
PORTSANLUISHARBORDISTRICT PORTSANLUIS TRAILERPARK DraftClosureImpactReportandRelocationPlan PREPARED 6/23/2012 TABLE OF CONTENTS EXECUTIVE SUMMARY RELOCATION IMPACT REPORT AND RELOCATION PLAN INTRODUCTION Intent of This Document Identified Relocation Specialist California Mobile Home Park Laws California Relocation Law Data Collection Methodology Potential Impacts Primary Residency (eligibility for replacement housing assistance Eligibility for Relocation Benefits SECTION 1: EXISTING CONDITIONS Project Location Subject Park SECTION 2: REPLACEMENT HOUSING RESOURCES Housing for Sale Mobile Home Parks Within 20 Miles SECTION 3: IMPACT ANALYSIS Closure and Relocation Impacts SECTION 4: CLOSURE AND RELOCATION PROGRAM Program Assurances and Standards State Mobile Home Park Closure Laws and Regulations Relocation Assistance Program Citizen Participation and Plan Review Relocation Benefits Payment of Relocation Benefits Relocation Tax Consequences Appeals Evictions SECTION 5: CLOSURE TIMELINE AND COST ESTIMATE Park Closure Timeline Estimated Cost 2|Page Port San Luis Trailer Park Closure Impact Report and Relocation Plan 4 9 9 10 11 11 12 12 13 14 15 16 16 18 24 24 26 27 27 29 29 30 33 35 37 45 46 46 48 49 49 49 TABLE OF TABLES AND FIGURES Figure 1: Regional Location Figure 2: Area Location Figure 3: Assessor Parcel Map Figure 4: Port of San Luis Master Plan Table 1: Reported Occupancy and Space Utilization Table 2: Age of Occupants Table 3: Mobilehomes for Sale Table 4: Condominiums for Sale Table 5: Parks within 20 Miles Table 6: Coach Data Table 7: Sample Replacement Space Rent Calculation Table 8: Summary of Relocation Benefits Summary Table 9: Park Closure Cost Estimate 3|Page Port San Luis Trailer Park Closure Impact Report and Relocation Plan 16 17 19 20 14 21 25 25 26 28 42 44 50 EXECUTIVE SUMMARY The Port San Luis Harbor District (District) is considering closure of the Port San Luis Trailer Park (Park) located in Avila Beach, CA in the southern portion of San Luis Obispo County. The District has owned and operated the Park since 1984. Presently, eight (8) of the Parks 41 spaces are occupied by a variety of coach types including travel trailers and mobile homes (the units, regardless of type, are herein after referred to as coaches). The area where these coaches are presently emplaced is also known or referred to herein as Harbor Terrace. In 1984 the District sought and was granted an amendment to the California Harbors and Navigation Code (the Code). Under Section 6086 of the Code, the District was granted the authority to operate, itself only, a mobilehome park, as defined in Section 798.4 of the California Civil Code. Such operation of a mobilehome park was only permitted on the portion of the District’s property known as the Port San Luis Trailer Park. Under Section 6086 of the Code, as spaces were vacated they were no longer available for use by persons wishing to reside in a mobilehome, or other permitted property type such as a travel trailer, for the purposes of long-term occupancy whether the person utilized the space as a primary or secondary residence. The District purchased the Harbor Terrace property to provide for expansion of coastal related and coastal dependent services to the general public. The property is owned by the public and a portion of that property has been used by private individuals for their exclusive use, either as a permanent or part-time residence. In late 2006, a lengthy and public process of development review and adoption of a Master Plan and incorporation of significant elements of that Master Plan into the County’s San Luis Bay Area Plan was completed when the Coastal Commission 4|Page Port San Luis Trailer Park Closure Impact Report and Relocation Plan approved the Local Coastal Plan amendment that detailed the change in use on Harbor Terrace to coastal related and coastal dependent uses. District Staff, as directed by the Port San Luis Harbor Commission (Commission), is taking the necessary steps towards closing the Park. Park infrastructure has extended beyond its useful life. With monthly rent averaging $190 on the remaining nine units, the District can more effectively utilize its limited resources in closing the park and developing the site than in upgrading the infrastructure for a use that will ultimately be terminated. Closing the trailer park will allow the District to move forward with potential development of the site for visitor serving uses, as defined in the San Luis Bay Area Plan. Under California law, in order for a public or private owner of a Mobile Home Park (MHP) to change the use, suspend (or cessation) its use or close a MHP, per California Government Code Section 65863.7(a) it must prepare a Closure Impact Report also known and herein referred to as a Relocation Impact Report (RIR). The County of San Luis Obispo (County) County Code, Land Use Ordinance 22.30, specifically per 23.08.164.g, also requires the preparation of an RIR. However, the County’s code does provide a useful frame work for the RIR. Closure Impact Reports by their nature are designed to evaluate the impacts of the closure of a mobilehome park. These documents are not required to consider alternatives. Alternatives that have been suggested have been, “No Project or No Closure” or “Consolidation”. This report does not evaluate such alternatives because the intent of this report is to evaluate the impacts of a closure and the displacement of residential occupants. Because the Park’s closure would constitute a project undertaken by the District, certain State statutes and regulations are implicated which require the District, under certain circumstances, to provide displaced Park tenants relocation benefits. Such benefits are 5|Page Port San Luis Trailer Park Closure Impact Report and Relocation Plan intended to mitigate out-of-pocket expenses the resident may incur in the process of moving and reestablishing residence at another location. The relocation benefits which the District must confer upon current Park tenants are delineated and defined in the California Relocation Assistance and Real Property Acquisition Guidelines (the “Guidelines”) set forth at Title 25, California Code of Regulations, Chapter 6, Sections 6000 et. seq. Because, if carried out, this project will cause displacement of residential occupants, a relocation plan is required by California Government Code Sections 7260-7277 (California Relocation Assistance Law or CRAL) and the Guidelines. The District has hired the firm Overland, Pacific and Cutler (OPC) to prepare this RIR and relocation plan. This plan was developed to satisfy the requirements for the RIR per California Government Code Section 65863.7(a) and the relocation plan required by CRAL and the Guidelines. Should the Park be closed, there will be eight affected tenants. All tenants are deemed to be potentially eligible to receive some level of relocation assistance. Final eligibility will be subject to tenants completing an eligibility interview. Should the Park be closed, owners will have the option to move their home to another location. If the coach can be moved, the owner will be eligible for actual and reasonable cost to move the home to a replacement park. If the coach cannot be moved, the District may purchase the coach from the owner based on the appraised value as determined by a licensed appraiser. Where the coach is the owner’s primary residence, and the coach cannot be moved, the owner may be eligible for replacement housing assistance including purchase price differential payment and a rental assistance payment for the differential in space rent between the replacement park and the displacement park (Port San Luis Trailer Park). 6|Page Port San Luis Trailer Park Closure Impact Report and Relocation Plan Secondary residence homeowners are not eligible for replacement housing relocation benefits. Primary and secondary tenants are eligible to receive assistance with moving expenses for their personal property (household goods). A survey of the Park’s tenants (Tenant Survey) was commissioned by the District in July 2011 (prior to OPC’s involvement). Five of 9 occupants participated in the survey. It is believed that only one is occupied full-time by a person or household where it is their primary residence. The remaining eight spaces are used as a secondary residence. Income information was provided by one of 9 occupants. This occupant is extremely low income (0-30% of Area Median Income) based on a calculation of the household income relative to the median household income in San Luis Obispo County adjusted for household size. The ultimate decision to close the Park rests with the Commission. In order to close the Park, this plan must be submitted and accepted as being complete by the District. The plan must then be provided to the Park tenants for a 30 day review and comment period. The Commission must hear the plan and make a recommendation to adopt the plan or reject the plan. The District accepted this plan as being complete and authorized it for release to the tenants and public for comment. A copy of the plan was mailed to all tenants within the Park on May 21, 2012 along with a letter notifying them that were being given a 30 day period to review and provide comments to the plan. The comment period closed on June 22, 2012. Two comments were sent to OPC; one via mail and the other via email from one tenant of the Park. In addition two other comments letters were given to the Port at the June 14 Harbor Commission meeting. Copies of the comments and responses to the comments can be found in Attachment 3. 7|Page Port San Luis Trailer Park Closure Impact Report and Relocation Plan The Commission will consider approving this plan, the closure of the Park and direct staff to take the appropriate steps to close the Park and relocate the tenants on June 28, 2012. Should the Commission vote to close the Park, tenants would receive a minimum of 180 Days’ Notice of Termination of Tenancy per California Civil Code Section 798.56. CRAL requires a subsequent 90 Day Notice to Vacate prior to tenants being required to move; this notice would be effective concurrently with the Termination of Tenancy Notice. Should the Commission vote to close the Park the District intends to provide at least 365 days’ notice under a Termination of Tenancy Notice. No eligible resident (primary tenants only) will be required to move until referral to at least one replacement housing unit is made available to them. Should the Park be closed, OPC would conduct an interview with each space occupant to determine the type of relocation benefits they would be eligible to receive. Should the Commission vote to close the Park, the estimated cost of the closure is estimated at up to $149,851. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 8|Page Port San Luis Trailer Park Closure Impact Report and Relocation Plan RELOCATION IMPACT REPORT AND RELOCATION PLAN INTRODUCTION In 1984 the District sought and was granted an amendment to the California Harbors and Navigation Code (the Code). Under Section 6086 of the Code, the District was granted the authority to operate, itself only, a mobilehome park, as defined in Section 798.4 of the California Civil Code. Such operation of a mobilehome park was only permitted on the portion of the District’s property known as the Port San Luis Trailer Park. Under Section 6086 of the Code, as spaces were vacated they were no longer available for use by persons wishing to reside in a mobilehome, or other permitted property type such as a travel trailer, for the purposes of long-term occupancy whether the person utilized the space as a primary or secondary residence. The District purchased the Harbor Terrace property to provide for expansion of coastal related and coastal dependent services to the general public. The property is owned by the public and a portion of that property has been used by private individuals for their exclusive use, either as a permanent or part-time residence. In late 2006, a lengthy and public process of development review and adoption of a Master Plan and incorporation of significant elements of that Master Plan into the County’s San Luis Bay Area Plan was completed when the Coastal Commission approved the Local Coastal Plan amendment that detailed in detail the change in use on harbor Terrace to coastal related and coastal dependent uses. District Staff, as directed by the Port San Luis Harbor Commission (Commission), is taking the necessary steps towards closing the Park. Park infrastructure has extended beyond its useful life. With monthly rent averaging $190 on the remaining nine units, the District can more effectively utilize its limited resources in closing the park and developing the site than in upgrading the infrastructure for a use that will ultimately be 9|Page Port San Luis Trailer Park Closure Impact Report and Relocation Plan terminated. Closing the Park will allow the District to move forward with potential development of the site for visitor serving uses, as defined in the San Luis Bay Area Plan. Under California law, in order for a public or private owner of a Mobile Home Park (MHP) to change the use, suspend (or cessation) its use or close a MHP, it must prepare a Relocation (or Closure) Impact Report (RIR). The statutes under California law are described below. The County of San Luis Obispo (the County) has an ordinance regulating the closure of trailer and mobile home parks. There is an exception to the County ordinance for the Port San Luis Trailer Park (the Park). Closure of the Park is instead subject to Section 6086 of the Harbors and Navigation Code. When private parties are displaced by a public Agency, a relocation plan is required by California Relocation Assistance Law (CRAL) and Guidelines. These statutes are described below. Intent of This Document Closure Impact Reports by their nature are designed to evaluate the impacts of the closure of a mobilehome park. These documents are not required to consider alternatives. Alternatives that have been suggested have been, “No Project or No Closure” or “Consolidation”. This report does not evaluate such alternatives because the intent of this report is not to do such, it is intended to evaluate the impacts of a closure and the displacement of residential occupants. This document has been prepared to evaluate the existing conditions of the Park, the impacts of its closure on the tenants, any replacement housing needs of the park occupants and provide the legal and programmatic framework for the Park’s closure in a transparent manner. This document is not intended to evaluate alternatives. Relocation efforts will be carried out under the primary direction of the District and the District will 10 | P a g e Port San Luis Trailer Park Closure Impact Report and Relocation Plan have direct responsibility for implementation of this Plan through its direction to Overland, Pacific and Cutler, its relocation consultant. This document is required and it is designed to meet the RIR requirements of California Mobile Home Park Closure Law and the relocation plan requirements under the Guidelines and CRAL. In this document, the following topics are addressed and described, Description of the Park and its conditions, Resident demographic information, Condition of coaches (mobile homes and travel trailer) impacted, Replacement housing and park survey, Legal framework for park closure and resident relocations, Mitigation measures including the proposed relocation program, Park closure timeline, and Relocation cost estimate including moving estimates, and An understanding and analysis of these topics is necessary and required in order for the Commission to make an informed decision regarding the future of the Park. Identified Relocation Specialist Overland, Pacific & Cutler, Inc. (OPC), an experienced acquisition and relocation firm, has entered into a contract with the District to prepare this RIR and Relocation Plan. OPC may subsequently provide the required relocation assistance. California Mobile Home Park Laws California is unique in its protection of Mobile Home Park (MHP) Tenants. Several statutes (California Government Code Section 65863.7 and Civil Code Chapter 2.5 Section 798.56) are in place which provide the requirements and guidance on how 11 | P a g e Port San Luis Trailer Park Closure Impact Report and Relocation Plan either the cessation (or suspension) of use or closure of a MHP should be analyzed and planned. Although not required to be followed, the San Luis Obispo County Code (Title 22, the Land Use Ordinance, Chapter 22.30) provides strong guidance on the contents necessary and the data required in an RIR. California Relocation Law This Plan sets forth policies and procedures necessary to conform with statutes and regulations established by the California Relocation Assistance Law, California Government Code Section 7260 et seq. (the “CRAL”) and the California Relocation Assistance and Real Property Acquisition Guidelines, Title 25, California Code of Regulations, chapter 6, section 6000 et seq. (the “Guidelines”). If at a point in the future, this park closure becomes federalized through the use of federal funds, the Relocation Program and benefits will conform to the Uniform Relocation Act (42 U.S.C. § 4600 et seq.), its implementing regulations (49 C.F.R.) Part 24) and other required and necessary federal regulations and statutes. Data Collection Methodology In July of 2011, a Tenant Survey (Survey) was mailed to tenants and they were asked to complete the survey and return it. Upon review of this data, OPC deemed that is was sufficient to inform this document as it is not older than one year. At a meeting held with tenants on May 7, 2012, OPC invited the tenants to provide any additional information or provide OPC with any updated information they elected to do so. No additional data was provided prior to the development of this draft document. Tenants have the option to provide OPC with an updated survey during the 30 Day comment period for this draft document. Response to the survey was voluntary. Five of the nine (9) households elected to respond to all or a portion to the survey request. 12 | P a g e Port San Luis Trailer Park Closure Impact Report and Relocation Plan OPC analyzed the surveys provided by the District and extracted the most relevant data for this document. All other necessary data including replacement housing information and mobilehome moving cost was mined through internet research and direct outreach to local real estate professionals and mobile home movers. Should the closure move forward, OPC would conduct relocation eligibility interviews to determine what benefits are owed to the tenants, what their specific needs for relocation will be and what services they will require from OPC. The result of this process would the preparation an issuance of a Notice of Eligibility for Relocation Assistance (or NOE). The determinations that comprise the NOE are appealable. The process for appeals is explained in Section 4, Appeals of this document. Potential Impacts The District has determined that not closing the Park is not a viable option. Consolidation of the Park is not permissible under Section 6086 of the Harbors and Navigation Code. Park closure is the most viable option available to the District. This park closure, should it be approved, would impact and affect the displacement of as many as 8 tenants and their privately owned properties. These properties include travel trailers and mobile home hereinafter referred to as coaches. According to the selfreported data gathered through the Survey, one of the households that would be displaced is very low income (earning 30% or less of the area median income adjusted for household size). Although rent controlled, and although there is one resident noted as being low-income, the Park is not covenant restricted as affordable housing. The Park primarily serves as a location for secondary home or vacation home users. Due to the nature of the actual use of the Park (vacation home use) and no presence of income restricting covenants typical of affordable housing properties (typically a 55 year covenant restricting occupancy to persons of low and moderate income recorded against the title), the Park 13 | P a g e Port San Luis Trailer Park Closure Impact Report and Relocation Plan cannot be classified as a source of housing serving low-income tenants. Thus its closure should not be deemed as the removal of low-income housing resources from the housing stock in Avila Beach or the County of San Luis Obispo. The closure of the Park is not a significant impact to the supply of permanent and stable affordable housing in the area. A snap shot of the spaces within the park and the type of occupancy identified is shown in Table 1 below. This data is based on the results of the occupant tenant survey as well as a review of data provided by the District. Table 1: Reported Occupancy and Space Utilization 12 Preliminary Coach Owner Residency Status Secondary 13 Secondary Not Stated in Survey 14 Secondary Not Stated in Survey 18 Secondary Owner 26 Primary Owner 27 Secondary Not Stated in Survey 39 Secondary Owner 40 Secondary Not Stated in Survey Space Number Coach Housing Tenure Owner Primary Residency (eligibility for replacement housing assistance) If the Commission closes the park, the tenants of the Park to be displaced (that claim that the Park is their primary residence), for the purposes of receiving a replacement housing payment, will be required to provide verification that the Park is their primary residence. Primary residency must have been established 180 days prior to September 12, 1984; the effective date of Section 6086 of the California Harbors and Navigation Code, which regulates the operation and closure of the Park. 14 | P a g e Port San Luis Trailer Park Closure Impact Report and Relocation Plan Tenants who have taken steps to claim primary residency after this date will not be considered as Primary Tenants of the Park for the purposes of receiving a replacement housing payment, which as later discussed, includes the payment of either a purchase price differential payment for the replacement of their coach, which may be converted to rental assistance should the resident elect to rent a property. Eligibility for Relocation Benefits All tenants will be eligible to receive assistance with the cost of moving their coach to a replacement site. Only primary tenants will be eligible to receive a purchase price differential to assist in the purchase of a replacement coach or other form of replacement housing if their coach cannot be moved. Only primary tenants will be eligible to receive a space rent differential payment to compensate for a potential space rent increase at a replacement park. There is one home owner eligible to receive replacement housing and space rent differential assistance. Final eligibility will be determined in an eligibility interview during the implementation of the RIR and relocation plan. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 15 | P a g e Port San Luis Trailer Park Closure Impact Report and Relocation Plan SECTION 1: EXISTING CONDITIONS Project Location Geography Avila Beach is a census designated placed (CDP) located in Southern San Luis Obispo County on the San Luis Bay. Figures 1 and 2 below display the location of Avila Beach relative to its surrounding central coastal and inland valley region as well as its location relative to other cities and places within San Luis Obispo County. Figure 1: Regional Location 16 | P a g e Port San Luis Trailer Park Closure Impact Report and Relocation Plan Figure 2: Area Location Demographic and Housing Characteristics: Avila Beach CDP In 2010 the population of Avila Beach was estimate by the US Census Bureau to be 1627. The majority (93%) of the population was white. Fifty-two percent of the total population was female and 48% were male. The median age of persons in Avila Beach was 57 years. In 2010, Avila Beach’s housing stock was estimated at 1,093 housing units. Within those units were approximate 842 households with an average household size of 1.93 persons. An estimated 187 housing units were utilized as seasonal/vacation units on a temporary basis. Of the occupied housing units, 37% of them were occupied by renters. 17 | P a g e Port San Luis Trailer Park Closure Impact Report and Relocation Plan Subject Park Geography The Park is located off of Avila Beach Drive on the San Luis Bay. The park is situated in approximately 24 acres of land owned by the Port of San Luis Harbor District. The lands of park are identified as San Luis Obispo County Assessor Parcel Numbers (APN) 076-172-010 and 076-172-002 as shown on Figure 3 below. The District has plans to undertake projects in the Port San Luis Master Plan (Figure 4) on the property. There are 41 spaces for mobile homes and trailers in the Park. As of June 22, 2012, 33 spaces are vacant and 8 are occupied by a mobilehome, travel trailers (or recreational vehicles). The subject of this RIR is the remaining 8 spaces at the Park, which are all presently believed, to be occupied by primary and secondary home owners. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 18 | P a g e Port San Luis Trailer Park Closure Impact Report and Relocation Plan Figure 3: Assessor Parcel Map 19 | P a g e Port San Luis Trailer Park Closure Impact Report and Relocation Plan Figure 4: Port of San Luis Master Plan 20 | P a g e Port San Luis Trailer Park Closure Impact Report and Relocation Plan Demographic and Housing Characteristics Population and Housing Tenure Based on the responses to the survey, OPC found approximately 11 persons in nine household occupied the coaches either part-time or full-time. However, it was confirmed by the Port that only eight persons presently occupy the coaches either pert-time or fulltime. All tenants reported or are assumed to own their coaches. Age and Special Needs of Occupants Information regarding the age or the age range of the tenants was available for all households. Table 2 displays the distribution of the responses. The park is comprised mostly of seniors (over the age of 62) population. No children reside in the park. Table 2: Age of Occupants Age Range # of Persons 55-65 2 66-75 0 76-85 3 86-95 3 Total 8 One household indicated having a disability or other special needs. These needs will be taken into consideration in the process of assisting tenants to locate replacement housing where applicable. Income Income information was provided by one household. This household is characterized as being extremely low income (those earning 30% or less of the area median income adjusted for household size). 21 | P a g e Port San Luis Trailer Park Closure Impact Report and Relocation Plan Coach Information The Park features both mobile homes and travel trailers. Below is a discussion related to differences of coach types. Mobilehomes: California law requires a permit to be obtained to move any unit that is defined as a “mobilehome.” Mobilehomes are units that are wider than 8 feet and longer than 40 feet and require permits to be moved on streets or highways. In addition, permits are required for the installation of such units and the installation must be inspected for compliance with state regulations. Consequently, mobile homes are almost always moved only by licensed transporters with set up and installation usually performed by licensed contractors rather than by individual owners. There are three tenant-owned units classified as “mobile homes” in the Park by their owners from the survey or field inspection by OPC. The sources of these descriptions are noted in Table 6. Mobilehomes are typically described as single-wide and doublewide. The mobile home units within the Park are all double-wide units. Recreational Vehicles (Travel trailers): Of the 9 lawfully occupied spaces at the Park; seven are occupied by recreational vehicles. Six of these recreational vehicles are travel trailers; the seventh is a Park Model RV. A Park Model RV is primarily distinguished from a travel trailer in that the Park Model RV has conventional-type plumbing and does not have a holding tank for waste water. Travel trailers and Park Model RVs may be moved on the highway without a permit and can be reinstalled in another park or elsewhere without permit or inspection. Section 798.3(b) of California’s Mobilehome Residency Law extends all of the rights given to owners of mobile homes to owners of travel trailers and other non-motorized recreational vehicles who have occupied a site within a mobilehome park for nine or more months, except the right to resell the travel trailer to remain on the space. The 22 | P a g e Port San Luis Trailer Park Closure Impact Report and Relocation Plan owners of recreational vehicles on seven spaces in the Trailer Park have occupied the spaces for more than nine months. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 23 | P a g e Port San Luis Trailer Park Closure Impact Report and Relocation Plan SECTION 2: REPLACEMENT HOUSING RESOURCES A resource survey was conducted during the week of April 23, 2012 to identify available housing units (including mobile home and condominiums) and mobile parks within 20 miles of the Park. A full listing of the data pertaining to these resources is shown in ATTACHMENT 1. Given that there is believed to be no renters residing in the coaches, no data regarding rental housing was collected. A brief description of the findings related to mobile homes and condominiums for sale is shown below. Additionally a description of the park findings has also been provided. It should be noted that the tenants will have the ability to use their relocation assistance in the purchase, or rental of a mobile home or other types of housing including rental apartments, single family homes and condominiums of their choosing. Listings may increase or decrease at a point in the future. Specific referrals will be based upon the choices indicated by the tenants to OPC. Housing for Sale Mobile Homes A survey of mobile home listings on April 25, 2012 found 38 mobile homes for sale in San Luis Obispo County within 20 miles of the Park. Table 3 shows the location of those units and the number found in that locale. 24 | P a g e Port San Luis Trailer Park Closure Impact Report and Relocation Plan Table 3: Mobilehomes for Sale Location # Found Arroyo Grande 6 Avila Beach 3 Grover Beach 1 Los Osos 4 Oceano 4 Pismo Beach 8 San Luis Obispo 12 Total 38 Condominiums An alternative to a mobile home are condominiums. A survey of condominium listings on April 23, 2012 found 24 condominiums for sale in San Luis Obispo County within 20 miles of the Park. The median list price of the survey is $177,000; median Home Owners Associations (HOA) fees are $210 per month. Table 4 shows the location of those units and the number found in that locale. Table 4: Condominiums for Sale Location # Found Arroyo Grande 5 Avila Beach 0 Grover Beach 5 Los Osos 3 Nipomo 2 Oceano 3 Pismo Beach 0 San Luis Obispo 6 Total 24 25 | P a g e Port San Luis Trailer Park Closure Impact Report and Relocation Plan Mobile Home Parks Within 20 Miles Approximately 28 mobile home parks were located within 20 miles of the Park. A distribution of the parks by location is provided below in Table 5 below. No spaces are available in these parks at this time to accommodate the coaches to be displaced at the Park. Table 5: Parks within 20 Miles Location # Found Arroyo Grande 5 Avila Beach 1 Grover Beach 2 Los Osos 4 Nipomo 1 Oceano 5 Pismo Beach 3 San Luis Obispo Total 7 28 [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 26 | P a g e Port San Luis Trailer Park Closure Impact Report and Relocation Plan SECTION 3: IMPACT ANALYSIS Closure and Relocation Impacts Table 6 below shows the self-reported (per the Tenant Survey) age, approximate size and other information related to the coach. Upon initial review of the survey data and a survey of trailer and mobile home parks located within 20 miles of Avila Beach, none of the coaches are expected to be able to be moved permanently to a replacement park within this distance. Should the District acquire coaches from the owners, valuations of those coaches will be derived by an appraisal performed by a licensed appraiser. The District’s offer for the property will be based upon such an appraisal. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 27 | P a g e Port San Luis Trailer Park Closure Impact Report and Relocation Plan Table 6: Coach Data Space Number Age of Coach 12 1986 * 13 Coach Type and Size (W x L) Space Rent Bedrooms Condition Doublewide * ^ 0 x35 * $187.00 2 Not Stated in Survey 1960-1969 Travel Trailer * ^ 27'L * $176.00 Not Stated in Survey Good 14 1961 ^ Travel Trailer ^ No Size Stated or Measured * ^ $176.00 Not Stated in Survey Not Stated in Survey 18 1980-1989 Travel Trailer ^ 10x35 * $176.00 1 Very Good 26 1970-1975 Travel Trailer ^ 26'L * $185.00 Not Stated in Survey Very Poor 27 1993 ^ Travel Trailer ^ $188.00 Not Stated in Survey Not Stated in Survey 39 Not Stated in Survey Doublewide ^ 10x50 * $218.00 1 Fair 40 Not Stated in Survey Doublewide ^ $218.00 Not Stated in Survey Not Stated in Survey Able to Be Placed in Other Park No No No No No No No No Notes: * Self-reported by tenant; ^ Confirmed by visual inspection by OPC 28 | P a g e Port San Luis Trailer Park Closure Impact Report and Relocation Plan SECTION 4: CLOSURE AND RELOCATION PROGRAM Program Assurances and Standards Services will be provided to ensure that displacement does not result in different, or separate treatment of households based on race, nationality, color, religion, national origin, sex, marital status, familial status, disability or any other basis protected by the federal Fair Housing Amendments Act, the Americans with Disabilities Act, Title VI of the Civil Rights Act of 1964, Title VII of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, the California Fair Employment & Housing Act, and the Unruh Act, as well as any otherwise arbitrary or unlawful discrimination. No one will be displaced without a minimum of one hundred eighty (180)-days written Notice and, per Section 6042 of the guidelines. No primary tenants will be displaced without being offered a referral to at least one comparable replacement housing unit. “Comparable” housing takes into account factors such as: decent, safe, and sanitary (as defined in Code of Regulations § 6008[d] of the Guidelines); comparable as to the number of bedrooms, living space, and type and quality of construction of the acquired unit but not lesser in rooms or living space than necessary to accommodate the displaced household; in an area that does not have unreasonable environmental conditions; not generally less desirable than the acquired unit with respect to location to schools, employment, health and medical facilities, and other public and commercial facilities and services; and within the financial means of the displaced household as defined in section 6008, subdivision (c)(5) of the Guidelines. The relocation program to be implemented by the District conforms to the standards and provisions set forth in Government Code section 7260 et seq., the Guidelines, California Health and Safety Code section 33410 et eq., (if applicable), and all other applicable regulations and requirements. In addition, those requirements set forth by State law for mobile home park closures will be followed, as addressed in the following section. 29 | P a g e Port San Luis Trailer Park Closure Impact Report and Relocation Plan State Mobile Home Park Closure Laws and Regulations This section outlines the requirements that must be met under state law to legally close a mobile home park in California. Both Government Code Section 65863.7 and Civil Code Chapter 2.5 - Section 798.56 set forth requirements that must be met prior to mobile home park closure. These statutes apply to both publicly-owned and privately-owned parks. California Mobile Home Park Closure Law: Government Code Sections 65863.7 and 65863.8 impose special impact report and notice requirements in connection with mobile home park closures, and provide for local governments to require mitigation of park closure impacts in certain instances. 1. Conversion Impact Report Government Code Section 65863.7(a) requires that, prior to the conversion of a mobile home park to another use, or prior to closure of a mobile home park, the person or entity proposing the change in use shall file a report on the impact of the closure on the displaced tenants of the park. This RIR satisfies the requirements specified for a “Conversion Impact Report.” Pursuant to Section 65863.7(i), if the closure of the park is the result of a decision by a local governmental entity to not renew a conditional use permit or zoning variance, or is the result of any other zoning or planning decision, the local government agency is deemed to be the person proposing the change in use for purposes of preparing the Report. In this case, the District is the entity proposing the closure of the park. 30 | P a g e Port San Luis Trailer Park Closure Impact Report and Relocation Plan 2. Mitigation Measures Pursuant to Government Code Section 65863.7(e) and, whether or not a hearing is scheduled, the Commission shall review the report, and may require, as a condition of the change, that the District take steps to mitigate any adverse impact of the park closure on the ability of displaced park tenants to find adequate housing in a mobile home park, which shall not exceed the "reasonable costs of relocation"; a term which is generally interpreted to be the moving costs associated with relocating a mobile home to a new site. Eligible households will be entitled to benefits as set forth in this Plan. Mitigation measures include 1) the movement of coaches to a replacement park; and 2) the purchase of the coach by the District based upon an appraisal of the property and provision of replacement housing payments (where applicable and where a tenant is eligible) and moving assistance payments (where applicable and where a tenant is eligible). 3. Notice requirements Pursuant to Government Code Section 65863.8, a local government may not take action on an application for change in use of a mobile home park unless, at least thirty (30) days prior to the action, the local government has informed the applicant in writing of the requirements of Civil Code Section 798.56 (discussed below) and all applicable local regulations requiring the applicant to notify park tenants of the proposed change. No action can be taken on the application until the applicant has verified that park tenants have been informed of the change in use. 31 | P a g e Port San Luis Trailer Park Closure Impact Report and Relocation Plan Termination of Park Occupancy Due to Park Closure: Civil Code Section 798.56 sets forth the required “just cause(s)” for termination of tenancy in a mobile home park. Subsection (g) specifies that change of use of the park, or any portion thereof, is a reason for termination of tenancy, provided the following requirements have been met: (1) The management gives the homeowners at least fifteen (15) days written notice that the management will be appearing before a local governmental body to request permits for a change of use of the mobile home park; (2) When discretionary land use approvals are required , the mobile home management shall give the homeowners six (6) months or more written notice of termination of tenancy. The notice shall disclose, and describe in detail the nature of the change of use; (3) The notice requirements for termination of tenancy set forth in Civil Code Sections 798.56 and 798.57 shall be followed if the proposed change actually occurs (Civil Code Section 798.56[g]). Civil Code Section 798.56(h) additionally requires that the impact report required pursuant to Government Code Section 65863.7 shall be given to the homeowners or tenants at the same time that notice is required as described in (2), above. In the case of the San Luis Trailer Park, the District successfully amended the Local Coastal Plan (LCP) and a programmatic environmental impact report (EIR) has been approved. These discretionary land use actions contemplated the closure of the Park, thus the District is only required to provide a 180 Day Termination of Tenancy Notice. 32 | P a g e Port San Luis Trailer Park Closure Impact Report and Relocation Plan Relocation Assistance Program A relocation representative from Overland, Pacific & Cutler, Inc., is available to assist any displaced household having questions in regard to relocation and/or assistance in relocating. Staff may be contacted by calling, Toll Free: 1.800.400.7356, during the hours of 9:00 a.m. to 6:00 p.m., Monday through Friday. The relocation offices are located at: Overland, Pacific & Cutler, Inc. 7901 Oakport Street, Suite 4800 Oakland, CA 94621-2089 A comprehensive relocation assistance program, with technical and advisory assistance, will be provided to the households proposed to be displaced. This assistance will satisfy both California Relocation Law and the mitigation required pursuant to Government Code Section 65863.7(i). Close and frequent contact will be maintained with each household. In addition to distribution of Informational Brochures, advisory assistance will be directed to include procedures: 1. To fully inform eligible project occupants of the nature of, and procedures for obtaining relocation assistance and benefits; 2. To determine the needs of each residential displacee eligible for assistance; 3. To provide an adequate number of appropriate housing referrals. The 33 | P a g e Port San Luis Trailer Park Closure Impact Report and Relocation Plan Guidelines require a minimum of three (3) referrals to comparable, decent, safe and sanitary housing units within a reasonable time prior to displacement, and require assurance that no residential occupant is required to move without a minimum of one hundred eighty (180) day’s written notice to vacate; 4. To provide current, and continuously updated, information concerning replacement housing opportunities; 5. To connect with special assistance in the form of referrals to governmental and social service agencies, if needed. 6. To provide assistance that does not result in different, or separate treatment due to race, color, religion, national origin, sex, sexual orientation, marital status or other arbitrary circumstances; 7. To supply information concerning federal and state housing programs and other governmental programs providing assistance to displaced persons; 8. To assist each eligible person to complete applications for benefits. 9. To make relocation benefit payments in accordance with State of California Guidelines, including the provisions of the Last Resort Housing sections, where applicable; 10. To inform all persons subject to displacement of District policies with regard to eviction and property management; and, 11. To establish and maintain a formal grievance procedure for use by displaced persons seeking administrative review of District decisions with respect to relocation assistance. 34 | P a g e Port San Luis Trailer Park Closure Impact Report and Relocation Plan Citizen Participation and Plan Review Statutory Requirements: Requirements under Government Code Sections 65863.7, 65863.8 and Civil Code Section 798.56 will also be followed as addressed above. Section 6012 (Citizen Participation) of the California Code of Regulations, Title 25, Chapter 6, will be adhered to in both the spirit and letter of the law by District and OPC in implementing the Relocation Program. District will ensure the following: 1. Full and timely access to documents relevant to the relocation program; 2. Provision of technical assistance necessary to interpret elements of the relocation plan and other pertinent materials; 3. Copies of this Plan shall be available for review a minimum of thirty (30) days prior to approval by the District. The District will receive comments from tenants and other interested persons regarding this Plan; 4. A general notice of this Plan shall be provided to all tenants of the proposed project. This Plan shall be made available for circulation for information and review by interested citizen groups, state and county agencies, and all persons affected by the project; 5. The right to submit written, or oral comments and objections, including the right to submit written comments regarding the Relocation Plan and to have these comments attached to the Plan when it is forwarded to the District for final approval; 6. Upon receipt of public comments, the Plan will be reviewed to ensure that it is feasible; that it complies with applicable environmental standards and 35 | P a g e Port San Luis Trailer Park Closure Impact Report and Relocation Plan locally-adopted rules and regulations governing relocation; and, 7. Upon completion of all reviews, the Plan will be presented for approval by the District. District Outreach Efforts: A critical component of the planning process and the development of the RIR and Relocation Plan is outreach to those impacted by the Park’s closure, namely the owners of the coaches (mobile home) and the occupants be they owner occupants or tenant occupants of the properties. This process began with the tenant survey in July 2011. The District has maintained contact with all owners and occupants since this period and prior to this period to keep them informed about issues relevant to them and the Park’s closure. The District mailed a letter to all known owners and occupants of the coaches on April 26, 2012 to inform the tenants of future meetings where the RIR and Park closure will be discussed. On May 7, 2012, District staff and OPC representatives met with property owners and representatives of approximately three of the nine spaces. The RIR preparation process, relocation benefits and assistance program and necessary actions by the Commission were discussed at this meeting. Those representing the owners provided valuable feedback and information at this meeting. On May 15, 2012 a Commission meeting was held to inform the Commission of the contents of this document, take public comment and provide direction to staff for the next steps to be taken. This Draft RIR was released to Park tenants and the public on May 21, 2012. Park tenants had the opportunity to review the document and provide written comments to OPC by June 22, 2012. Tenants were encouraged to provide written comments via 36 | P a g e Port San Luis Trailer Park Closure Impact Report and Relocation Plan mail, email or fax per the instructions provided with their copy of the RIR, which was mailed first class mail. A copy of the RIR was also made available at the District’s office in Avila Beach. Comments received and responses to those comments are provided in Attachment 3 of this RIR. Relocation Benefits Relocation benefits will be provided in accordance with the provisions of the State of California Relocation Law, Government Code Section 7260 et. seq., Title 25, Chapter 6, Relocation Assistance and Real Property Acquisition Guidelines. Benefits will be paid to eligible displaced persons upon submission of required claim forms and documentation in accordance with approved procedures. Specific eligibility requirements and benefit plans will be detailed on an individual basis with all tenant households. In the course of personal interviews and follow-up visits, each displaced tenant will be counseled as to available options and the consequences of any choice with respect to financial assistance. Chapter 6, of Title 25 of the California Code of Regulations contains the relocation regulations published by the California Department of Housing and Community Development ("HCD") that apply to state and local agencies. Section 6008(g) defines a "dwelling" as ‘. . . the place of permanent or customary and usual abode of a person including . . . . a mobile home. In order to alleviate hardships for tenants who must pay additional move-in costs (such as first and last month’s rent, credit check costs and other security deposits), District will provide advance benefit payments to assist qualified displacees in securing replacement housing units. 37 | P a g e Port San Luis Trailer Park Closure Impact Report and Relocation Plan Requests for advance payments will be expeditiously processed to help avoid the loss of desirable and appropriate replacement housing. Residential Moving Expense Payments: The subject households will be eligible to receive a payment for moving expenses for personal property. Payments will be made based upon either: 1. a fixed room count schedule; or, 2. an invoice for actual reasonable moving expenses not to exceed the reasonable cost for accomplishing such activity. 1) Fixed Payment – A fixed payment for moving expenses based on the number of rooms containing furniture or other personal property to be moved. The fixed moving payment will be based upon the most recent schedules maintained by the California Department of Transportation (See: ATTACHMENT 6 – Fixed Payment Moving Schedule). - Or - 2) Actual Reasonable Moving Expense Payments - The displaced households may elect to have a licensed, professional mover perform the move; if so, the displacing entity will pay for the actual cost of the move up to fifty (50) miles, and all reasonable charges for packing, unpacking, insurance, utility connection charges and the cost directly related to displacement of modifying personal property to adapt it to the replacement location. The payment will be made directly to the mover or as a reimbursement to the displaced household. Rental Assistance/Down Payment Assistance: Owner-Occupants of mobile homes who established residency at the Park for a period of one hundred eighty (180) days prior to acquisition by the District will be entitled to a ‘Replacement Housing Payment’ (RHP) pursuant to Section 6102 of the Guidelines, not to exceed twenty two thousand 38 | P a g e Port San Luis Trailer Park Closure Impact Report and Relocation Plan five hundred dollars ($22,500.) and, Rental Assistance to cover any space rent differential, in addition to their Moving Expenses. Displaced households which are residential tenants or owners and have established residency (primary residence) within the Project site for a minimum of ninety (90) days are, pursuant to Section 6104 of the Guidelines, entitled to an amount not to exceed five thousand two hundred fifty dollars ($5,250.) as a Rental Assistance Payment (RAP); and, a moving expense payment. Except in the case of ‘Last Resort Housing’ situations, Replacement Housing Payments (RHP) to 180-Day owners and, Rental Assistance Payments (RAP) to Ninety (90)-Day owners and tenants, will be limited to the maximums noted above. The calculation will be based upon the monthly housing need (space/rent differential) over a forty-two (42) month period, consistent with Section 6104 of the Guidelines. In addition, households may opt to apply the amount to which they are entitled toward the purchase of a replacement unit (Guidelines Section 6104). If a household chooses to purchase a replacement home rather than rent, the household will have the right to request a lump sum payment of the entire balance to which they are entitled. Mobilehome Replacement Housing Payments: Section 6112 of the Guidelines describes the payments to which the tenants are entitled, based upon the status of the resident's acquired dwelling and the resident's replacement dwelling. Section 6102 of the Guidelines outlines the benefits payable to a displaced owner who: (1) owned and resided in a mobile home for at least 180 days prior to the initiation of negotiations; and, (2) purchased and occupied a replacement dwelling within one (1) year subsequent to the date on which the individual received final payment for the mobile home. 39 | P a g e Port San Luis Trailer Park Closure Impact Report and Relocation Plan Only primary, owner-tenants are eligible for Section 6102 benefits. Non-resident, “second home” owners, who have a different primary residence, are not eligible for these benefits. A household that owns a mobile home and rents the site – or, “space” – upon which the Mobile Home is located must receive the following payment: 1. If a manufactured home is not available, the amount necessary to purchase a conventional, non-manufactured replacement dwelling up to $22,500. (Explained below) (§6112 [c] [5] [a]); or, 2. The amount necessary to purchase a replacement manufactured home (up to $22,500) and the amount necessary to lease, rent, or make a down payment on a replacement site (up to $5,250.) (§6112 [c] [5] [b]). (The above amount shall not exceed the difference between the mobile home’s acquisition price paid to the owner/displacee, and the actual price of the replacement housing); or, 3. If the household elects to rent a replacement mobile home and site or, “conventional” housing, the amount required to do so – up to $5,250. – with the site rent included in the calculation (§6112 [c] [5] [c]). If a mobile home owner-occupant purchases a replacement mobile home or conventional home, the benefits described in 1. and 2., above, are established in order to compensate for the following costs: (1) Increased interest costs for the replacement dwelling financing; (2) Reasonable expenses incident to the purchase of the replacement dwelling; or, 40 | P a g e Port San Luis Trailer Park Closure Impact Report and Relocation Plan (3) The cost of re-habilitating an otherwise unsafe dwelling. Owner-Occupants of mobile homes will be eligible for Rental Assistance to cover “space rent” differential as calculated above pursuant to the rental assistance payment formula. Mobile home owner-occupants who wish to rent a replacement dwelling, instead of purchasing, will be entitled to Rental Assistance Payments using “economic rent” in the calculations, in an amount not to exceed their Purchase Price Differential (PPD) payment. A sample calculation for determining rental assist payments for a replacement space is shown in Table 7 below. The figures used are reflective of the sample displacement rents provided by the District and the median rents from the Housing Resources Survey described in this Plan. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 41 | P a g e Port San Luis Trailer Park Closure Impact Report and Relocation Plan Table 7: Sample Replacement Space Rent Calculation $185 Displacement Space Rent 2. Ability to Pay $435 30% of the Gross Household Income 3. Lesser of lines 1 or 2 $185 1. Rent of Displacement Unit or Subtracted From: $487 Actual New Space Rent 5. Comparable Rent $487 Determined by Agency 6. Lesser of lines 4 or 5 $487 7. Yields Monthly Need: $302 Subtract line 3 from line 6 Rental Assistance $ 12,684 Multiply line 7 by 42 months 4. Actual New Rent or Last Resort Housing Payments: There is a sufficient amount of “comparable replacement housing” per the attached housing survey (See ATTACHMENT 1). Although there are a sufficient number of potential replacement dwellings for the mobile home owners. It is possible that the cost of replacement housing will exceed the statutory limit of twenty two thousand five hundred dollars (>$22,500) for a Replacement Housing Payment (Purchase Price Differential). If this is the case, there would be a need to provide Last Resort Housing Payments. 42 | P a g e Port San Luis Trailer Park Closure Impact Report and Relocation Plan The California Code of Regulations (CCR), Title 25, Division 1, Chapter 6, at Article 4. Last Resort Housing, Section 6139 provides that, if comparable replacement housing is not available to a displacee (whether because of physical availability, condition, or affordability), District must either terminate the acquisition or, provide comparable replacement housing (called ‘Last Resort Housing’). Last Resort Housing payments are authorized by statute if affordable “comparable replacement housing” cannot be found for the displaced tenant households (i.e., housing at a cost not greater than thirty percent [>30%] of the household’s average monthly income). In such cases, payments may be made beyond the five thousand two hundred fifty dollar ($5,250.) statutory maximum for “Ninety [90]-Day Owners” and, tenants), up to forty two (42) months’ worth of rental assistance. The supplemental increment beyond $5,250 may be paid in installments or in a lump sum at the discretion of District. This type of situation is likely to develop among low-income households and/or in environments where Project area rents are particularly low versus rents elsewhere within the community. A combination of factors - which would include, in relation, the income levels of project site tenants; project site rents; and, a potentially high cost of replacement rent - will create the need for last resort housing payments. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 43 | P a g e Port San Luis Trailer Park Closure Impact Report and Relocation Plan Summary of Relocation Benefits: Table 8 outlines the benefits for which the mobile home occupants may be eligible: Table 8: Summary of Relocation Benefits Summary Relocation Benefits and Amounts Amount Fulltime Owner Parttime Owner Tenant (Coach Owned by Nonoccupant) Actual and reasonable cost of moving home to replacement site. Fixed Payment or Actual & Reasonable Expenses Yes Yes Not Applicable Fair Market Value of Coach Only Based on Appraised Value Yes Yes Not Applicable Purchase Price Differential (PPD) Difference Between the Acquisition Cost & Replacement Cost of New Mobile Home Up to $22,500 Unless Last Resort Housing Payments Are Required Yes No Not Applicable Rental Assistance Payment - (RAP) (Space Rent) - Difference Between the Displacement and Replacement Space Rent Up to $5,250 unless Last Resort Housing Payments Are Required Yes No Not Applicable Rental Assistance Payment - (RAP) (Dwelling Rent) - Difference Between the Displacement and Replacement Dwelling Rent Up to $5,250 unless Last Resort Housing Payments Are Required Yes owners can convert PPD to RAP No Yes Last Resort Housing Payments Amount Required Over PPD or RAP for Displacee to Replace Housing Yes No Yes Benefit Type 44 | P a g e Port San Luis Trailer Park Closure Impact Report and Relocation Plan Payment of Relocation Benefits No household will be displaced until “comparable” housing is offered as defined in Section 6008, subdivisions (c) and (d) of the Guidelines. Relocation staff will inspect any replacement units to which referrals are made to verify that they meet all the standards of decent, safe, and sanitary as defined in Section 6008, subdivision (d) of the Guidelines. Relocation benefits will be made in a timely manner. Claims and supporting documentation for relocation benefits must be filed with District within eighteen (18) months from: 1. The date the claimant moves from the acquired property; or, 2. The date on which final payment for the acquisition of real property is made, whichever is later. The procedure for the preparation and filing of claims and the processing and delivery of payments will be as follows: 1. Claimant(s) will provide all necessary documentation to substantiate eligibility for assistance. 2. Assistance amounts will be determined in accordance with the provisions of California Relocation Law and Guidelines. 3. Required claim forms will be prepared by relocation personnel in conjunction with claimant(s). Signed claims and supporting documentation will be submitted by relocation personnel to District. 4. District will review, and approve claims for payment, or request additional information. 45 | P a g e Port San Luis Trailer Park Closure Impact Report and Relocation Plan 5. District will issue benefit checks which will be available at OPC offices for retrieval by Claimants or by delivery, unless circumstances dictate otherwise. 6. Final payments will be issued after confirmation that the Project area premises have been completely vacated, and actual residency at the replacement unit is verified. 7. Receipts of payment will be obtained and maintained in the relocation case file. Relocation Tax Consequences In general, relocation payments are not considered income for the purpose of the Internal Revenue Code of 1986, or the Personal Income Tax Law, Part 10 of the Revenue and Taxation Code. The above statement on tax consequences is not intended to be provision of tax advice by District or their Agents, Consultants, Employees or Assigns. Displacees are encouraged to consult with their own tax advisors concerning the tax consequences of relocation payments. According to the Social Security Administration, relocation benefits do not impact S.S.I. payments, however lump sum payments may trigger reviews during asset searches. Further information regarding relocation benefits and their impact upon Social Security benefits is available from OPC. Appeals The appeals policy will follow the standards described in Section 6150 et seq. of the Guidelines. Should federal funds be used in the project, the appeals process will follow Sub-part A 24.1 of the URA. 46 | P a g e Port San Luis Trailer Park Closure Impact Report and Relocation Plan Briefly stated, displacees will have the right to ask for administrative review when there is a complaint regarding rights to relocation and relocation assistance, as to: 1. Eligibility; 2. The amount of payment; 3. The failure to provide comparable replacement housing referrals; or, 4. Relocation policies and procedures. Should a tenant elect to file an appeal they follow these basic steps. 1. Provide a written statement of their appeal to the designated relocation specialist (OPC) for the project. OPC would review the appeal and make a determination in writing of the appeal. 2. Should the tenant be dis-satisfied with OPC’s decisions they may make a further appeal to District Staff (Staff). Staff would review the appeal and make a determination in writing of the appeal. 3. Should the tenant be dis-satisfied with Staff’s decisions they may make a further appeal to the Commission. The Commission would review the appeal and make a determination in writing of the appeal. 4. Lastly, should the tenant be satisfied with the Commission’s decision, their last resort would be through the courts. 47 | P a g e Port San Luis Trailer Park Closure Impact Report and Relocation Plan Evictions Eviction by District is permissible only as a last alternative. With the exception of persons considered to be in unlawful occupancy, a displaced person’s eviction does not affect eligibility for relocation assistance and benefits. Relocation records must be documented to reflect the specific circumstances surrounding the eviction. Eviction by the District may be undertaken only for one or more of the following reasons: 1. Failure to pay rent, except in those cases where the failure to pay is due to the lessor’s failure to keep the premises in habitable condition; is the result of harassment or retaliatory action; or, is the result of a discontinuation or substantial interruption of services which cannot be reasonably mitigated by lessor; 2. Performance of a dangerous or illegal act in the unit by lessee, its guests or invitees or, any combination thereof; 3. A Material breach of the rental agreement and failure to correct said breach within 30 days of notice; 4. Maintenance of a nuisance, and failure to abate within a reasonable time following notice; 5. Refusal to accept one of a reasonable number of offers of replacement dwellings; 6. A requirement under State or local law or emergency circumstances that cannot be prevented by reasonable efforts on the part of the Lessor. 48 | P a g e Port San Luis Trailer Park Closure Impact Report and Relocation Plan SECTION 5: CLOSURE TIMELINE AND COST ESTIMATE Park Closure Timeline Should the Commission vote to close the Park, it is expected that the after a 30 day review of this report the following general schedule will be followed. This schedule is subject to change. All impacted tenants will receive ample notification of the progress of the activities required. All dates shown below are subject to change. May 21, 2012 – RIR to be released in draft form for 30 day review and comment period June 22, 2012 – Conclusion of minimum 30 day review and comment period. All comments due no later than this date. June 28, 2012 – Harbor Commission to Review Final RIR. (This date may be subject to change). On or after Harbor Commission Approval – Issue Termination of Tenancy Notice A revised and updated schedule will be included in the Final RIR. Estimated Cost The preliminary cost estimate for the park closure is estimated at up to $149,851. This estimate is based on the following assumptions, Provision of replacement housing payments to one resident Provision of moving assistance for household goods and personal property to nine tenants The movement and or demolition of nine coaches. The potential acquisition of nine coaches The cost of moving or demolition of coaches is conservatively based on estimates received from three companies that move or haul off mobile homes and travel trailers. The estimate of coach acquisition from the owners is based upon current Nada Guide pricing established by the limited information available to OPC. An appraisal prepared by a licensed appraiser will be needed to determine the final acquisition offer for a 49 | P a g e Port San Luis Trailer Park Closure Impact Report and Relocation Plan coach should such an acquisition be required. A detailed cost estimate is shown in Table 9 with the estimate line item’s applicable code citation. Because of the long period of implementation, changes in circumstances and incomplete information on some of the households, the District will budget a reserve for unanticipated contingencies. Table 9: Park Closure Cost Estimate Legal Citation Description of Cost Cost Estimate Purchase Price Differential Paid to Eligible Full-time Owner Occupant 6112 and 6102 - Title 25 California Relocation Assistance Guidelines Differential between the cost of a replacement home and the acquisition price of the coach up to a maximum of $22,500 $42,000 Rental Assistance Payments for Space Rental Differential for Eligible Full-time Owner Occupants 6112 and 6104 -Title 25 California Relocation Assistance Guidelines Differential between the rent of a replacement mobile home space in a park and the displacement space rent multiplied by 42 months $12,726 Moving Assistance Payments 6090 - Title 25 California Relocation Assistance Guidelines Fixed move payment schedule as determined by the Federal Highways Administration and adopted by Caltrans $9,400 Relocation/Closure Cost Category Sub-total of Relocation Costs Estimated Nada Guide Acquisition Costs $64,126 6182 - Title 25 California Relocation Assistance and Real Property Acquisition Guidelines Acquisition offer, if needed, to be based on appraised value of coaches $25,750 Coach Relocation Transport or Demolition and Haul off Cost $35,000 Sub-total of Relocation and Closure Cost $124,876 Contingency (20%) Total Estimated Closure Cost (Not Including Consulting Fees and Coach Acquisitions) $24,975 50 | P a g e Port San Luis Trailer Park Closure Impact Report and Relocation Plan $149,851 TABLE OF ATTACHMENTS Attachment 1: Housing Resource Survey 52 Attachment 2: Fixed Payment Moving Schedule 59 Attachment 3: Comments and Responses to RIR 60 51 | P a g e Port San Luis Trailer Park Closure Impact Report and Relocation Plan ATTACHMENT 1: HOUSING RESOURCE SURVEY DATA 52 | P a g e Port San Luis Trailer Park Closure Impact Report and Relocation Plan MOBILE HOMES FOR SALE City Address Park Age Restricted Model Year Model SQFT BR Space Rent List Price Arroyo Grande 765 Mesa View Dr. #111 Mesa Dunes Mobile Home Estates No 1977 Sandpointe N/A 2 $767 $14,900 765 Mesa View Dr. #284 Mesa Dunes Mobile Home Estates No 2000 El Mirage 1200 3 $800 $39,999 1241 Farroll Ave #29 Calif Grandmothers Club Park 55+ 1977 Buddy 804 1 $235 $49,500 765 Mesa View Dr. #281 Mesa Dunes Mobile Home Estates No 2001 Bayshore 1560 4 $906 $55,000 Arroyo Grande 727 S. Halcyon Rd. #6 Ken-Mar Gardens Mobile Home Park No 1970 Barrington 1440 2 $600 $61,000 Arroyo Grande 1241 Farroll Ave #18 Calif Grandmothers Club Park 55+ 1965 Great Lakes 840 1 $235 $63,000 Avila Beach 101 Sunrise Terrace San Luis Bay Mobile Estates 55+ 1980 Not Listed 1536 2 $290 $278,000 Avila Beach 209 Oak Crest Dr San Luis Bay Mobile Estates 55+ 1978 Skylights 1440 3 $280 $335,000 Avila Beach 246 Hilltop Way San Luis Bay Mobile Estates 55+ 2006 Silvercrest 2450 3 $224 $548,500 Grover Beach 1370 W. Grand #124 Grover Gardens Mobile Home Park 55+ 1973 Homette 720 2 $437 $44,900 Los Osos 1675 Los Osos Valley Rd. #163 Sea Oaks Mobile Home Community 55+ 1977 Winston 1040 2 $379 $49,500 Los Osos 1675 Los Osos Valley Rd. #162 Sea Oaks Mobile Home Community 55+ 1978 Winston 1000 2 $436 $62,900 Los Osos 1701 Los Osos Valley Rd. #49 Sunny Oaks Park 55+ 1968 Dualwide 1400 2 $203 $69,500 Los Osos 1701 Los Osos Valley Rd. #57 Sunny Oaks Park 55+ 1969 Great Lakes 960 2 $675 $69,500 2531 Cienaga St. #11 Casa Del Rey Mobile Park 55+ 1961 Paramount 2 548 1 $422 $49,000 Oceano 2400 Cienaga St. #91 Dunavista Mobile Home Park 55+ 1977 Skyline 672 2 $314 $49,000 Oceano 1623 23rd St. #6 Pleasant Hill Mobile Manor 55+ 2004 Unknown 900 2 $500 $55,000 Oceano 2400 Cienaga St. #105 Dunavista Mobile Home Park 55+ 1988 Sandalwood 960 2 $400 $67,900 Pismo Beach 200 South Dolliver St. #151 Pismo Dunes Travel Trailer Park 55+ 1994 Dutchman N/A 1 $495 $11,900 Pismo Beach 200 South Dolliver St. #278 Pismo Dunes Travel Trailer Park 55+ 1984 Alfa N/A 1 $463 $14,000 Pismo Beach 200 South Dolliver St. #192 Pismo Dunes Travel Trailer Park 55+ 1995 Wilderness N/A 1 $488 $22,000 Pismo Beach 200 South Dolliver St. #36 Pismo Dunes Travel Trailer Park 55+ 1994 Prowler N/A 1 $463 $30,000 Pismo Beach 200 South Dolliver St. #58 Pismo Dunes Travel Trailer Park 55+ 1984 Fleetwood N/A 1 $457 $30,000 Pismo Beach 200 South Dolliver St. #49 Pismo Dunes Travel Trailer Park 55+ 1981 Santa Rosa N/A 1 $488 $38,000 Pismo Beach 200 South Dolliver St. #9 Pismo Dunes Travel Trailer Park 55+ 1977 Royal N/A 1 $512 $39,900 Pismo Beach 200 South Dolliver St. #157 Pismo Dunes Travel Trailer Park 55+ 1992 King of the Rd. N/A 1 $525 $40,000 3860 S. Higuera St. #CS-12 Silver City Mobile Home Lodge No 1979 Unknown 480 1 $537 $29,900 Arroyo Grande Arroyo Grande Arroyo Grande Oceano San Luis Obispo 53 | P a g e Port San Luis Trailer Park Closure Impact Report and Relocation Plan San Luis Obispo San Luis Obispo San Luis Obispo San Luis Obispo San Luis Obispo San Luis Obispo San Luis Obispo San Luis Obispo San Luis Obispo San Luis Obispo Unknown 3500 Bullock Lane #56 Willow Creek Country Estates 3960 S. Higuera St. #203 Creekside Mobile Home Community 3860 Higuera St. #152 Silver City Mobile Home Lodge 1975 Broadmore 840 2 $413 $45,000 No 1975 Champ N/A 2 $430 $46,000 No 1972 Expando 800 2 $487 $47,000 No 1970 Champion 560 2 $497 $47,500 No 1972 Unknown 1200 2 Not Listed $49,500 No 1974 Aquarius 1200 3 $500 $55,000 3500 Bullock Lane #25 Creekside Mobile Home Community Willow Creek Country Estates 3960 S. Higuera St. #64 Creekside Mobile Home Community No 1976 Merry 1150 3 $565 $56,900 3057 S. Higuera St. #171 Chumash Village 55+ 1972 Unknown 1440 3 $550 $57,000 3960 Higuera St. #208 333 Elks Lane #3 Valle Vista Trailer Park No 2005 Beachcomber 587 1 $342 $59,900 San Luis Obispo 1837 Garnette Dr. Laguna Lake Mobile Estates No 1972 Viking 1368 2 $636 $64,900 San Luis Obispo 3500 Bullock Lane #35 Willow Creek Country Estates No 1975 Parkway 1296 3 $566 $67,500 $487 $49,500 Median Note: * Units available as of April 23, 2012 54 | P a g e Port San Luis Trailer Park Closure Impact Report and Relocation Plan CONDOS FOR SALE * City Arroyo Grande Arroyo Grande Arroyo Grande Arroyo Grande Arroyo Grande Grover Beach Grover Beach Grover Beach Grover Beach Grover Beach Los Osos Los Osos Los Osos Nipomo Nipomo Oceano Oceano Oceano San Luis Obispo San Luis Obispo San Luis Obispo San Luis Obispo San Luis Obispo San Luis Obispo Median Address 286 Spruce St. 297 Hillcrest Dr. 579 Camino Mercado #305 579 Camino Mercado #509 579 Camino Mercado #513 1024 Baden Ave. 1776 Longbranch Ave. 1615 Manhattan Ave. 1531 Atlantic City Ave. 456 S. Oak Park Blvd. 1183 Santa Ynez Ave. #C 1187 Santa Ynez Ave. #A 2024 Robles Perdido Dr. #B 543 Margie Pl. 358 Avenida De Amigos 1918 La Tijera Ct. 653 Mendel Dr. 444 Pier Ave. #607 411 E. Foothill Blvd. #5 Unknown 3335 Broad St. #30 1445 Prefumo Canyon Rd. #14 750 Chorro St. #2 3290 Rockview Pl. #3 Bed 2 2 2 2 2 2 3 2 3 2 1 1 2 3 3 2 2 1 1 2 2 2 2 2 Bath 2 2 2 2 2 1 2 2 2 2 1 1 2 2 3 2 1 1 1 1 2 2 1 2 Note: * Units available as of April 23, 2012 55 | P a g e Port San Luis Trailer Park Closure Impact Report and Relocation Plan HOA $75 $260 $210 $210 $210 $160 $271 $160 $230 $185 $190 $190 $303 $109 $128 $200 $135 $250 $175 $254 $295 $260 $265 $295 $210 List Price $175,000 $209,000 $215,900 $242,500 $249,000 $110,000 $122,500 $175,000 $229,000 $234,900 $99,000 $105,000 $131,900 $159,900 $175,000 $89,999 $115,000 $115,000 $179,000 $199,000 $205,000 $228,000 $235,000 $249,500 $177,000 MOBILE HOME PARKS WITHIN 20 MILES Owned/ Leased Home Owners Assoc. (HOA) Occupancy Restrictions Yes Owned $108/mo Calif Grandmothers Club Park 1241 Farroll Ave Arroyo Grande, CA 93420 (805) 489‐5951 Yes Leased Ken‐Mar Gardens Mobile Home Park 801 S Halcyon Rd Arroyo Grande, CA 93420 (805) 473‐1219 No Leased No Mesa Dunes Mobile Home Estates 765 Mesa View Drive Arroyo Grande, CA 93420 (805) 489‐6602 No Leased No 345 Sunrise Drive Arroyo Grande CA 93420 Yes Owned‐$200K share $175/mo 1551 Sparrow St San Luis Obispo, CA 93405 (805) 627‐1568 Mixed Owned $280‐ $285/mo Le Sage Riviera 319 N Highway 1 Grover Beach, CA (805) 489‐5506 No Leased No Grover Gardens Mobile Home Park 1370 W Grand Ave Grover Beach, CA 93433 (805) 474‐5747 Yes Leased No Address Age Restricted (55+) Bolsa Chica Mobile Estates 950 Huasna Rd Arroyo Grande, CA 93420 Park Name Arroyo Grande Sunrise Terrace Avila Beach San Luis Bay Mobile Estates Grover Beach 56 | P a g e Port San Luis Trailer Park Closure Impact Report and Relocation Plan Los Osos Sunny Oaks Mobile Home Park 1701 Los Osos Valley Road Los Osos, CA 93402 (805) 528‐1686 Yes $65,000 Share in Park No Daisy Hill Estates 1595 Los Osos Valley Rd Los Osos, CA 93402 (805) 528‐1551 Yes Owned $137/mo 633 Ramona Avenue Los Osos, CA 93402 (805) 528‐1244 1675 Los Osos Valley Road Los Osos, CA 93402 (805) 528‐2234 Yes Leased No Yes Leased No 449 West Tefft Street Nipomo, CA 93444 (805) 929‐4265 No Leased No Dunavista Mobile Home Park 2400 Cienaga St Oceano, CA 93445 (805) 489‐8366 Yes Leased No Porticos Mobile Home and Garden Park 2550 Cienaga Street Oceano CA 93445 No Leased No Rancho Del Arroyo Mobile Home Park 2700 Cienaga St Oceano, CA 93445 (805) 489‐9523 No Leased No Sea Breeze Mobile Home Park 2300 Ciengaga St Oceano, CA 93445 Yes Owned $150/mo Dunavista Mobile Home Park 2400 Cienaga St Oceano, CA 93445 (805) 489‐8366 Yes Leased No Morro Shores Mobile Home Park Sea Oaks Mobile Home Community Nipomo Buena Vista Mobile Home Park Oceano 57 | P a g e Port San Luis Trailer Park Closure Impact Report and Relocation Plan Pismo Beach Pismo Beach Mobile Home Park 140 South Dolliver Street Pismo Beach, CA 93449 (805) 773‐4645 Yes Owned $75/mo Hacienda Del Pismo Mobile Estates 201 Five Cities Dr Pismo Beach, CA 93449 (805) 773‐2733 Yes Leased No Pismo Dunes Travel Trailer Park 200 South Dolliver St Pismo Beach, CA 93449 (805) 709‐1462 No Park models only Yes Leased San Luis Obispo Creekside Mobile Home Community Chumash Village Silver City Mobile Home Lodge Oceanaire Mobile Home Park Colonial Manor Mobile Park Willow Creek Country Estates Rancho San Luis Mobile Estates 3960 South Higuera Street San Luis Obispo, CA 93401 (805) 543‐7113 3057 South Higuera Street San Luis Obispo, CA 93401 (805) 543‐4272 3860 South Higuera Street San Luis Obispo, CA 93401 (805) 543‐9439 1121 Orcutt Rd San Luis Obispo, CA 93401 (805) 543‐5030 1255 Orcutt Road San Luis Obispo, CA 93401 (805) 543‐4530 3500 Bullock Lane San Luis Obispo, CA 93401 (805) 544‐4172 3395 S Higuera St San Luis Obispo, CA 93401 (805) 543‐3993 No Leased No Mobilehome only Yes Owned $111/mo No Leased No Mobilehome only No Leased No Mobilehome only No Leased No Mobilehome only No Leased No Yes Leased No 58 | P a g e Port San Luis Trailer Park Closure Impact Report and Relocation Plan ATTACHMENT 2: FIXED RESIDENTIAL MOVE SCHEDULE FOR PERSONAL PROPERTY (MOBILE HOME EXCLUDED) FIXED MOVING SCHEDULE - CALIFORNIA (effective 2005) Occupant Owns Furniture Occupant Does NOT Own Furniture 1 room $625.00 1 room 2 rooms $800.00 Each Additional Room 3 rooms $1,000.00 4 rooms $1,170.00 5 rooms $1,425.00 6 rooms $1,650.00 7 rooms $1,900.00 8 rooms $2,150.00 Each Additional Room $225.00 59 | P a g e Port San Luis Trailer Park Closure Impact Report and Relocation Plan $400.00 $65.00 ATTACHMENT 3: RIR COMMENTS AND RESPONSES INDEX OF COMMENTS COMMENTOR DATE RECEIVED BY OPC METHOD OF DELIVERY RESPONSE TO COMMENT Gary McCumber May 25, 2012 Certified Mail Pages 63 and 64 Gary McCumber June 20, 2012 Email Page 65 Thomas McAlenxander June 22, 2012 Provide by Port Page 66 Tenants of Port San Luis Trailer Park June 22, 2012 Provide by Port Page 68 61 | P a g e Port San Luis Trailer Park Closure Impact Report and Relocation Plan USER GUIDE The information that follows includes the individual comments received from tenants at the San Luis Trailer Park by the deadline of June 22, 2012 for inclusion in the RIR. OPC has prepared a draft response to each comment letter received in numerical order of when it was received by OPC as shown on the Index of Comments 62 | P a g e Port San Luis Trailer Park Closure Impact Report and Relocation Plan COMMENTS AND RESPONSES Comment # 1 Response to Comment # 1 At the time this plan was prepared all tenants are deemed to be potentially eligible to receive some level of relocation assistance should the Harbor Commission vote to close the Park, which requires the approval of this plan. Should the Commission vote to approve this plan, close the Park and issue a Termination of Tenancy Notice, the Port’s relocation specialist will conduct relocation benefit eligibility interviews with all tenants to be displaced by the Park’s closure. This eligibility interview will inform the relocation specialist determination regarding the type of relocation benefits the tenant is eligible for. Should the tenant disagree with the relocation specialist’s 63 | P a g e Port San Luis Trailer Park Closure Impact Report and Relocation Plan determination, they may appeal the decision per the appeals process described in this plan. Based upon the information provided, the tenant’s claim of Primary Residency at the Port San Luis Trailer Park is not supported and the Plan has not been changed to reflect this tenant as a full-time, primary resident of the Park. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 64 | P a g e Port San Luis Trailer Park Closure Impact Report and Relocation Plan Comment #2 Response to Comment # 2 1. The chart has been changed to reflect the coach year as 1986. 2. Please see the response to Comment #1. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 65 | P a g e Port San Luis Trailer Park Closure Impact Report and Relocation Plan Comment # 3 Response to Comment # 3 This RIR considers complete closure of the Park per the provisions of Harbors and Navigation Code Section 6086. 66 | P a g e Port San Luis Trailer Park Closure Impact Report and Relocation Plan Comment # 4 67 | P a g e Port San Luis Trailer Park Closure Impact Report and Relocation Plan Response to Comment # 4 This RIR considers complete closure of the Park per the provisions of Harbors and Navigation Code Section 6086. 68 | P a g e Port San Luis Trailer Park Closure Impact Report and Relocation Plan