port san luis trailer park - Homepage | Port San Luis Harbor District

Transcription

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
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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
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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
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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
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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).
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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.
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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.
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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
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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
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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
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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.
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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
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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
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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.
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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.
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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
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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.
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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.
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Figure 3: Assessor Parcel Map
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Figure 4: Port of San Luis Master Plan
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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).
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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
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owners of recreational vehicles on seven spaces in the Trailer Park have occupied the
spaces for more than nine months.
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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.
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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
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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
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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.
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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
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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.
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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.
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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.
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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.
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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
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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.
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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
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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
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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.
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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
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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.
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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,
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(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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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
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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
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$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
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ATTACHMENT 1: HOUSING RESOURCE SURVEY DATA
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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
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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
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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
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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
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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
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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
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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
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$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
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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
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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
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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.
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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]
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Comment # 3
Response to Comment # 3
This RIR considers complete closure of the Park per the provisions of Harbors and
Navigation Code Section 6086.
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Comment # 4
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Response to Comment # 4
This RIR considers complete closure of the Park per the provisions of Harbors and
Navigation Code Section 6086.
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