The City Council declares that the purpose of this chapter is to regulate the conversion of rental mobilehome parks to resident ownership by means of a subdivision.
(Ord. 550-99 § 2, 2000)
No mobilehome park conversion to resident ownership shall be permitted within any zoning district of the City unless and until a use permit and a tentative map or parcel map has been applied for and issued pursuant to and in accordance with the provisions of the ordinance codified in this chapter, the City zoning ordinance (Title 18), the City subdivision ordinance (Title 17), and all relevant portions of the laws, statutes and administrative regulations of the State of California.
(Ord. 550-99 § 2, 2000)
No conversion of a mobilehome park to resident ownership by means of a subdivision shall be permitted unless and until the City Council finds that the proposed subdivision will not conflict with the general plan and zoning ordinance.
(Ord. 550-99 § 2, 2000)
A.
Written notices shall be mailed to all tenants (including those who rent mobilehome spaces and those who rent both mobilehome spaces and the mobilehome located thereon) at least five days prior to the submission of the application to the Community Development Department. The subdivider shall provide the Community Development Department with affidavits or declarations under penalty of perjury of such notice at the time of the application.
B.
Written notices shall be posted by the Community Development Director in a conspicuous location on the site of the proposed mobilehome park conversion and shall be mailed by the Community Development Department first class prepaid postage to all tenants residing in the proposed mobilehome park conversion project not less than ten days prior to any hearing by the Planning Commission or the City Council concerning the project. Such notices shall provide at least the following:
1.
The date, time, place and purpose of the hearing;
2.
That should the subdivision for the conversion project be approved, the property owner shall give, according to all applicable laws, all tenants an exclusive right of first refusal to purchase their mobilehome space and the right to remain in the mobilehome park as tenants if they are unable or do not want to purchase their mobilehome space at rents set in accord with Government Code Section 66427.5, which provides that as to nonpurchasing low income households, rent increases shall be limited to an amount no greater that the increase in the Consumer Price Index;
3.
That all information and reports furnished by the Community Development Director pursuant to the ordinance codified in this chapter shall be on file for public inspection during reasonable hours.
(Ord. 550-99 § 2, 2000)
In addition to other requirements of this Code and State law an application for the conversion of a rental mobilehome park into resident ownership via a subdivision shall also require the submittal of the following data, which data must be submitted to the Community Development Department at the same time the tentative map is submitted, unless otherwise stated:
1.
A complete legal description of the property;
3.
A boundary map showing the existing topography of the site to a contour interval of three feet, and the location of all existing easements, structures, and other improvements and existing landscape plan;
4.
The proposed organizational documents. In addition to such covenants, conditions and restrictions that may be required by the Department of Real Estate of the State of California or other State laws or policies, the organizational documents shall provide for the following:
a.
Conveyance of the mobilehome spaces, including, but not limited to, restrictions on the number of spaces to be owned by nonresident investors,
b.
Assignment of parking and management of common areas within the project,
c.
A proposed annual operating budget containing a sinking fund to accumulate reserve funds to pay for major anticipated maintenance, repair or replacement expenses,
d.
FHA regulatory agreement, if any,
e.
The most recent park operating statements of the converting entity (e.g., the parkowner or homeowners' association) for the park proposed to be subdivided;
5.
A provision that the annual assessments to members of the homeowners' association shall provide for penalties for late payments and reasonable attorney's fees and costs in the event of default of such members;
6.
Allow the homeowners' association to terminate the contract of any person or organization engaged by the parkowner to perform maintenance duties after the homeowners' association assumes control of the project or any time thereafter;
7.
A property report describing the condition and estimating the remaining useful life of each of the following elements of each common area facility or structure situated within the project proposed for conversion: Roofs, foundations, exterior paint, paved surfaces, mechanical systems, electrical systems, plumbing systems (including sewage systems), sprinkler systems for landscaping, utility delivery systems, central or community heating and air conditioning systems, fire protection systems including any automatic sprinkler systems, alarm systems, standpipe systems, and structural elements. Such report shall be prepared by a registered civil engineer, structural engineer or licensed architect;
8.
A structural pest report prepared by a licensed structural pest control operator pursuant to Section 8516 of the Business and Professions Code relating to written reports on the absence or presence of wood destroying pests or organisms in each common area structure;
9.
A structural report describing the physical elements of the common facilities or structures of the project shall be submitted to the Community Development Department with the final map. Such report shall also identify any structural elements which are known to be structurally defective or unsafe so as to impose a hazard to the health and safety of the occupants or users of such improvements. The Community Development Department shall maintain a form containing a reasonable list of physical elements to be described in the report, which form shall be made available to the applicant. The applicant shall arrange for project inspections by the Building Department to verify the accuracy of the deficiencies noted in the structural report. The Building Official shall prepare a report detailing Building Code deficiencies or other health and safety deficiencies which must be corrected prior to sale of units or occupancy as required in Section 17.85.310.
10.
A building history report including the following:
a.
The date of construction of all elements of the project,
b.
A statement of the major uses of such project since construction,
c.
The date and description of each major repair of any element since the date of construction. For the purposes of this subsection, a "major repair" means any repair for which an expenditure of more than one thousand dollars was made,
d.
The date and description of each major renovation of any element since the date of construction. For the purposes of this subsection, "major renovation" means any renovation for which an expenditure of more than one thousand dollars was made,
e.
A statement regarding current ownership of all common area improvements and underlying land,
f.
The name and address of each present tenant and/or resident of the property,
g.
Copies of all relevant documents supporting or evidencing City approval of existing or historical land uses or any changes or modifications thereof,
h.
Failure to provide information required by subdivisions "a" through "g" of this subsection shall be accompanied by an affidavit, given under penalty of perjury, setting forth in detail all efforts undertaken to discover such information and all reasons why such information cannot be obtained;
11.
A rental history detailing the mobilehome space sizes in square footage, the current or last rental rate, the monthly rental rate for the preceding two years, and the monthly vacancy over the preceding two years of each rental space proposed to be converted;
12.
A plan for traffic circulation, parking and safety regulation and enforcement within the private street system of the park.
(Ord. 550-99 § 2, 2000)
A written description regarding the proposed project organization including the use and control of the common area elements within the project shall be submitted to the Community Development Department with the tentative map. Such statement shall detail any proposed control of common facilities to be retained by the subdivider or to be owned or maintained by any other organization other than the homeowners' association or space owners.
(Ord. 550-99 § 2, 2000)
A true copy of each application submitted for issuance of a final public report to the Department of Real Estate of the State of California for the project proposed for conversion including all attachments and exhibits thereto shall be required. A true copy of the statement of compliance pursuant to Title 10, California Code of Regulations, or its successor, relating to operating and maintenance funds during start-up shall be required. A statement whether the applicant will provide any capital contribution to the association for deferred maintenance of the common areas, and if so, the sum and date on which the association will receive such sum shall be required.
(Ord. 550-99 § 2, 2000)
A true copy of the supplemental questionnaire for rental mobilehome parks converted to resident owned mobilehome parks submitted to the Department of Real Estate of the State of California for the project proposed shall be required; provided, however, that to the extent the information required to be furnished pursuant to Section 17.85.070 and this section is not available at the time of application, any permit issued under this part shall require the developer to furnish such information to the City within ten days of submission of same to the Department of Real Estate; provided further, that the developer shall file with the City a true copy of the final public report within ten days of issuance by the Department of Real Estate.
(Ord. 550-99 § 2, 2000)
A.
The parkowner shall prepare a conversion impact report which shall be filed as provided in Section 16.09.030. The purpose of this report shall be to determine if the proposed conversion will dislocate residents from their mobilehome park due to their inability to either purchase the space upon which their mobilehome is located or their inability to pay any increase in rent due to the conversion. This report shall be used by the City to determine the impact of the proposed conversion on the existing housing stock.
B.
The following information shall be included in the conversion impact report:
1.
The name, address, and telephone number of the individual or entity proposing the subdivision, the mobilehome park owner, the preparer of the report and any other authorized representatives or agents;
2.
The total number of spaces within the park, the number of spaces occupied and the monthly rate charged for each space at the time of report preparation;
3.
A Phase I hazardous waste study reflecting the soils condition within the mobilehome park;
4.
Documentation verifying the number of residents that have indicated interest in purchasing their space based on full disclosure as to the estimated purchase cost inclusive of any homeowners' association fees;
5.
The names of those residents who have indicated their inability to purchase their mobilehome space;
6.
The projected rents that will be charged for each space in the event that a resident is unable or does not desire to purchase their mobilehome space;
9.
A budget by the converting entity indicating the source and application of funds to be used to operate the park and assure adequate capital for operating expenses and debt service and adequate funding of reserves needed based on reserve studies disclosing remaining useful life of capital improvements;
10.
A disclosure of potential tax liabilities should the mobilehome park be reassessed if resident majority ownership is not attained within the specified time period;
11.
A management plan for the operation of non-owner occupied spaces including the projected space rents for residents who do not participate in the purchase program and, as an alternative, intend to remain tenants within the mobilehome park. This plan shall also include a discussion of what will occur if the mobilehome is transferred or conveyed by sale, inheritance or otherwise including relevant time allowances;
12.
An engineering study indicating the condition of the park infrastructure including, but not limited to, streets, sewers, drainage and storm sewer systems, electricity and gas utility systems and common area improvements. The study shall estimate the remaining useful life and estimated improvement costs for rectifying any substandard conditions and completing any appropriate rehabilitation of all capital improvements and infrastructure to include roofs, foundations, plumbing, gas and electrical, heating, air conditioning, fire protection systems and other mechanical or structural systems. The study shall document consultations with agencies providing infrastructure regarding calls for service and repair of common area improvements. The study shall also identify an appropriate capital replacement reserve for purposes of establishing the homeowners' association budget.
The engineering study shall be performed by a licensed mechanical or structural engineer or licensed general building contractor chosen by the City. The applicant shall be responsible for depositing adequate funds in an amount to be determined by the City. These funds shall be utilized by the City to enter into a contractual agreement with a licensed professional acceptable to the applicant to perform the inspection and prepare the study. The park owner shall allow unimpeded access to the inspector as required to perform the inspection;
13.
A plan for traffic circulation, parking and safety regulation and enforcement within the private street system of the park shall be provided;
14.
A plan for solid waste collection and disposal and recycling.
(Ord. 550-99 § 2, 2000)
The organizational documents including, but not limited to, proposed covenants, conditions and restrictions shall be submitted to the city attorney for a determination that such documents comply with the requirements of this chapter and the applicable State laws.
(Ord. 550-99 § 2, 2000)
A.
Space Rents for Nonpurchasing Tenants.
1.
Pursuant to Chapter 16.40 all nonexempt mobilehome park spaces are subject to City rent regulation. Pursuant to Government Code Section 66,427.5 once a rental mobilehome park is successfully converted via a subdivision to resident ownership, separate rent limitations are applicable to avoid the economic displacement of nonpurchasing residents. The point at which a mobilehome park subdivision is successfully converted to resident ownership is not defined by Government Code Section 66,427.5.
2.
A successful mobilehome park subdivision is defined as a mobilehome park in which fifty-one percent of the mobilehome spaces have been purchased by the existing mobilehome residents. Until fifty-one percent of the spaces have been purchased by the mobilehome residents, all nonexempt rental spaces shall remain subject to the City's rent regulation. When fifty-one percent or more of the spaces have been purchased by park residents, the subdivision becomes "successful," and the City's rent regulation shall no longer govern the rents of the spaces which become subject to the rent restrictions of Government Code Section 66,427.5.
B.
Tenant's Right to Purchase. The subdivider shall provide each tenant an irrevocable, nontransferable, preemptive right to purchase the lot upon which their mobilehome sits at a price no greater than that offered to any other person or entity.
C.
Tenant's Right to Terminate Existing Leases. The subdivider shall permit a tenant to terminate any lease or rental agreement without any penalty whatsoever after notice has been given of the intention to convert the mobilehome park to resident ownership if such tenant notifies the subdivider in writing sixty days in advance of such termination.
(Ord. 550-99 § 2, 2000)
The subdivider shall furnish each prospective purchaser of a mobilehome space, a true copy of the following informational documents, such documents shall be translated and printed in Spanish at the sole expense of the subdivider if requested by the purchaser:
1.
Property report;
2.
Structural pest control report;
3.
Structural report and building department report;
4.
Building history report;
5.
Statement of compliance pursuant to Title 10, California Code of Regulations, or its successor, relating to operating and maintenance funds;
6.
Soils report as determined in each case by the Community Development Director;
7.
Certificate of compliance.
(Ord. 550-99 § 2, 2000)
A.
All building and site improvements must meet the current requirements for common areas, structures and facilities in mobilehome parks set forth in the Mobile Home Parks Act, Health and Safety Code Sections 18,200-18,700, the applicable provisions of Title 25 of the California Code of Regulations, and the relevant portions of Title 16, if any.
(Ord. 550-99 § 2, 2000)
All newly constructed private streets, driveways and parking areas for such mobilehome park shall be improved and constructed with a structural section and site dimensions in accordance with the standards of the City. Existing private streets, driveways and parking areas in a mobilehome park that is being subdivided shall ensure that access for municipal services shall not be denied to any mobilehome space or common area facility therein by reason of deteriorated impassable or nonstandard private streets, driveways or parking areas, as determined by the Public Works Director or his or her designee.
(Ord. 550-99 § 2, 2000)
All structures being converted from mobilehome park ownership to individual resident ownership shall, within the exterior boundary lines of such property, have all electrical, communication and similar distribution service wires and/or cables placed underground.
(Ord. 550-99 § 2, 2000)
A.
Site setbacks for mobilehome units, including covered attachments thereto, with the exception of carports, shall be measured from the mobilehome, as follows:
(Ord. 550-99 § 2, 2000)
The design, improvement and/or construction of a mobilehome park being converted to resident ownership shall conform to and be in full accordance with all requirements of all Building, Fire and Housing Codes, zoning provisions and other applicable local, State or Federal laws or ordinances relating to protection of public health and safety in effect at the time of the filing of the tentative map. Also, any violations of the latest adopted edition of the Uniform Housing Code as prepared by the International Conference of Building Officials, or its successor, relating specifically to provisions protecting health and safety of residents, shall be corrected and any equipment or facilities which the Building Official determines are deteriorated or hazardous, shall be repaired or replaced. In particular, the subdivider shall repair or replace any damaged or infested areas in need of repair or replacement as shown in the structural pest report. The interpretation of what constitutes a hazard to public health and safety shall be made by the Fire Marshall/Chief Building Official or his or her designee.
(Ord. 550-99 § 2, 2000)
The consumption of gas, electricity and water within each dwelling unit shall be separately metered so that the unit owner can be separately billed for each utility. The requirements of this subsection may be waived where the Planning Commission and/or City Council specifically finds that such would not be practical. In all cases, a water shut-off valve shall be provided for each unit.
(Ord. 550-99 § 2, 2000)
Each mobilehome space shall have its own panel board of adequate capacity to accommodate all electrical outlets which serve that mobilehome space.
(Ord. 550-99 § 2, 2000)
Private, enclosed, weatherproofed and lockable outdoor storage space shall be provided for each mobilehome space as set forth in Section 16.24.140.
(Ord. 550-99 § 2, 2000)
A.
The Planning Commission and City Council shall review the adequacy of open space in terms of area and privacy standards. Private outdoor space shall be provided for each unit.
B.
In a mobilehome park of fifty spaces or more, there shall be provided on the premises a common indoor recreation facility, clubhouse and/or meeting room.
(Ord. 550-99 § 2, 2000)
Appropriate site design and construction techniques shall be utilized in all new construction to ensure isolation from excessive noise sources outside of the project boundary and ensure acoustical privacy between adjoining units. If the Community Development Director determines that an excessive external noise source exists, the subdivider shall retain an acoustical engineer to evaluate the noise impact on the proposed mobilehome subdivision and develop mitigation measures.
(Ord. 550-99 § 2, 2000)
The subdivider shall be responsible for improving and maintaining the common facilities, structures and landscaping in accordance with the approved architectural and landscaping plans and good maintenance practices prior to turning them over to the homeowners' association. A performance bond shall be collected to ensure compliance with this requirement.
(Ord. 550-99 § 2, 2000)
Prior to the granting of a final map in any conversion project, the subdivider shall establish a maintenance reserve fund equal to the depreciated value of those portions of the project which are to be the maintenance responsibility of the association. The amount of such fund shall be equal to the age of each element divided by the overall useful life of the element multiplied by the replacement cost of the element. Remaining useful life of the elements and replacement cost shall be determined by an appropriate licensed contractor, engineer or architect hired by the City, at the developer's sole expense. Prior to the granting of a final map in any conversion project, the subdivider shall grant and convey to the association such maintenance reserve fund.
(Ord. 550-99 § 2, 2000)
The project shall provide a minimum parking accommodation according to the provisions of Section 16.24.070. Also, the subdivider shall demonstrate that additional off-street parking spaces exist to reasonably accommodate guest and visitor parking.
(Ord. 550-99 § 2, 2000)
The parking of recreational vehicles such as boats, trailers, etc., shall be prohibited throughout the entire development unless such parking is within an enclosed area. Such an enclosed area for parking of recreational vehicles and any vehicles over twenty feet in length shall be provided by the mobilehome park owner. Such area shall not be counted towards the common area open space requirement of Section 17.85.210. Vehicular curb parking along any private street shall be prohibited except in designated areas. Appropriate "No Parking" signs shall be installed by the applicant.
(Ord. 550-99 § 2, 2000)
A.
After reviewing the property and structural pest reports required to be submitted pursuant to subsubsections 7, 8 and 9 of Section 17.85.050, and inspecting the structures situated within the project when he/she deems such inspection necessary, the Building Official shall identify all items if evidenced by such reports and/or inspection to be hazardous to the life, health or safety of the occupants of such structure within the project, or the general public. Each permit issued hereunder shall require all of such items to be corrected to the satisfaction of the Building Official.
B.
The Building Official shall review the property report and may require its revision and resubmission if he/she determines that substantial evidence shows that any statement therein is without foundation or fact. Such report may be revised to reflect improvement, repair or replacement.
(Ord. 550-99 § 2, 2000)
If the common area structures and facilities of the proposed project does not comply with the provisions of the latest Uniform Building Code and Uniform Fire Code as adopted by the City, and/or the Building Official identifies items to be corrected as provided in Section 17.85.310 any use permit issued pursuant to this chapter shall require the subdivider to furnish a bond in a penal amount equal to the reasonable estimated cost to bring their project into compliance with such Codes, such fire regulations and/or such identified items to be corrected. Such bond shall run in favor of the individual purchasers and the homeowners' association and shall provide for reasonable attorney's fees in the event of default by the principal. The City shall hold such bond pending issuance of the certificate of completion.
(Ord. 550-99 § 2, 2000)
A true copy of the soils report originally prepared for the subject property shall be required. In cases where a soils report has never been prepared or when information in previous reports is considered insufficient as determined by the Community Development Director, then the subdivider shall provide a soils report prepared by a registered civil engineer, or equivalent, which details information as determined by the Public Works Director.
(Ord. 550-99 § 2, 2000)
The tentative map, use permit and all portions of the application will be heard in a public hearing before the Planning Commission. Notwithstanding any other provision of the Code, the Planning Commission will recommend either approval, approval with conditions, or denial to the City Council of each application heard by the Planning Commission. The City Council shall then hold a duly noticed public hearing for the purpose of rendering a decision on the application. In the event that other relevant portions of this Code provide for a final decision by the Planning Commission unless such a decision is appealed to the City Council, any decision of the Planning Commission in any matter pursuant to or related to this chapter shall be deemed to have been appealed to the City Council for final decision unless otherwise prohibited by state law. The procedures to be used shall be those set forth for the hearing of an application for use permit in Sections 18.56.050 through 18.56.140. Section 18.52.090 is incorporated herein and shall apply to proceedings held under this chapter.
(Ord. 550-99 § 2, 2000)
The Building Official shall cause a final inspection of all buildings and structures to be made, upon request by the subdivider, to determine that the requirements of this chapter have been fulfilled. The Building Official shall then mark the inspection report to show the corrections, repairs and replacements which have been made. If complete, the Building Official will cause to be issued, a letter certifying compliance with the provisions of this chapter and with all of the conditions and approvals and authorize the sale and/or occupancy of such units. No mobilehome space applied for under this chapter shall be sold without such letter certifying compliance and approving occupancy.
(Ord. 550-99 § 2, 2000)
A.
Consistent with Government Code Section 66,428.1 subdivisions for conversion of existing mobilehome parks, initiated by the residents, shall have the requirements for a parcel map or tentative map and final map waived providing that the Director of Planning and Land Use can make a finding that at least two-thirds of the existing residents indicate their intent to purchase the mobilehome park for purposes of converting it to resident ownership and the other requirements of Government Code Sections 66,427.5 and 66,428.1 are satisfied.
B.
In addition, consistent with Government Code Section 66,428(b) the requirement for the filing of a tentative subdivision map and the preparation, filing and recording of a final map, for a mobilehome park conversion project, may be waived by the City Council providing a finding is made that the proposed subdivision complies with the requirements as to area, improvement and design, flood and water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection and other requirements of this division and the Subdivision Map Act.
C.
In addition, individual provisions of this chapter may be waived if:
1.
Strict or literal interpretation and enforcement of the specified provision would result in serious practical difficulty or unnecessary hardship inconsistent with the purposes of this chapter; and
2.
Exceptional or extraordinary circumstances or conditions exist which are not the result of the actions of the applicant; and
3.
The granting of the waiver will not be detrimental to the public health, safety or welfare, or materially injurious to persons, properties or improvements in the park or in the vicinity of the park.
D.
An application for a waiver pursuant to this section shall contain sufficient information to enable the City Council to make the findings required by this section.
E.
The processing of any application pursuant to this section shall be subject to the same time requirements and appeal procedures as are provided in the division for tentative subdivision maps in Title 17. In any case where waiver of the tentative and final map is granted the applicant shall cause to be filed for record with the County Recorder a certificate of compliance pursuant to this division.
(Ord. 550-99 § 2, 2000)