Notwithstanding any other provision of this chapter, the requirement
for the filing of a Tentative Subdivision Map, Final Map, or Parcel
Map for the resident purchase of a mobilehome park, may be waived
by the Director of Planning and Building according to the requirements
of this division.
(Ord. 96-26, § 1, Exh.
A, 9-11-96; Ord. 2022-02, § 4, 1-26-22)
An applicant for a conversion to resident ownership pursuant to this division shall submit an application and fee for a Tentative Parcel Map to the Planning Division pursuant to this chapter, together with a written request that the applicable Tentative Subdivision Map, Final Map, or Parcel Map requirement be waived. The application shall contain sufficient information to enable the Director of Planning and Building to make the findings required by this division, or the Director may impose such conditions as deemed necessary to make the findings required by this division. Waiver of the Tentative Subdivision and Final Map, or Parcel Map, does not waive any other discretionary review required by this chapter or Chapter 33, the Zoning Code. Refer to City Council Resolution 96-159, Mobilehome Park Conversion Guidelines for Change of Use Application.
(Ord. 96-26, § 1, Exh.
A, 9-11-96; Ord. 2022-02, § 4, 1-26-22)
A.
The
Director of Planning and Building shall review the request for a waiver
of required maps and may approve the waiver if all of the findings
can be made or conditions necessary to make the findings can be imposed.
When a waiver is approved, the Tentative Parcel map shall be processed
pursuant to Article 2 of this chapter, or in conjunction with any
associated discretionary applications.
B.
Where
waiver of the Tentative Subdivision and Final Map, or Parcel Map is
granted, the Director of Planning and Building shall cause to be filed
for record with the County Recorder a Certificate of Compliance or
Conditional Certificate of Compliance.
(Ord. 96-26, § 1, Exh.
A, 9-11-96; Ord. 2022-02, § 4, 1-26-22)
No waiver shall be issued for any map for a resident purchase
of a mobilehome park unless the following findings have been made
by the Director of Planning and Building:
A.
The
applicant has submitted evidence that requirements for notification
of all existing and prospective residents have been met as required
by Section 66427.1 of the Map Act;
B.
The
required number of residents in the mobilehome park as specified in
the bylaws or other organizational documents, have voted in favor
of such purchase. If the bylaws or other organizational documents
do not specify the number of votes required for such a purchase, a
majority vote of the residents shall be required; and
C.
The
applicant has demonstrated compliance with Sections 66427.4, 66428(b),
and 66428.1 of the Map Act.
(Ord. 96-26, § 1, Exh.
A, 9-11-96; Ord. 2022-02, § 4, 1-26-22)
