A. 
This chapter applies to all subdivision applications for the conversion of a mobilehome park to resident ownership as defined in this chapter, except those conversions for which mapping requirements have been waived pursuant to Government Code Section 66428.1 and Section 27.50.110 of this chapter. This chapter shall not apply to subdivision applications involving the closure or other conversion of a mobilehome park as defined in Chapter 28.78.
B. 
It is the intent and purpose of the City Council in adopting this chapter to facilitate resident ownership of mobilehome and permanent recreational vehicle parks, while at the same time ensuring that a subdivider shall avoid the economic displacement of all non-purchasing residents by providing each resident an option to purchase his or her subdivided unit or condominium or to continue residency as a tenant, analyzing the impacts of a proposed subdivision on the residents, ensuring that the subdivision is a bona fide conversion through a survey of resident support conducted in accordance with rules and procedures, and by ensuring adequate notice and opportunity for the park owner and affected residents to address the Advisory Agency on a proposed conversion.
(Ord. 5895, 2019)
Definitions used to interpret the terms in this chapter shall be as set forth in Chapter 28.78, except as otherwise expressly set forth in this chapter.
Conversion to Resident Ownership.
The conversion of a mobilehome park or permanent recreational vehicle park composed of rental spaces to a condominium or common interest development, as described in and/or regulated by Government Code Sections 66427.5 and/or 66428.1. A conversion to resident ownership may include any sale, transfer or assignment of a mobilehome or permanent recreational vehicle park either directly or indirectly in whole or in part to the park's homeowners and prospective homeowners for the benefit of the homeowners and prospective homeowners, including, but not limited to, conversion of the community to a subdivision, condominiums, planned development, community apartments, stock cooperative, other form of corporate ownership, or by a nonprofit organization qualified pursuant to Internal Revenue Code Section 501(c)(3) for the homeowners' or prospective homeowners' benefit.
Homeowner.
The record owner or any person having possession and control of the mobilehome, including a permanent resident homeowner and a non-resident homeowner.
Mobilehome Park Renter or Renter.
A person who lawfully leases or rents a mobilehome or permanent recreational vehicle as his or her primary residence from the homeowner.
Mobilehome Resident or Resident.
A person who leases or rents a space in a mobilehome or permanent recreational vehicle park, including a homeowner or renter.
Mobilehome Park Space.
As defined in Section 28.04.020 of this Code.
Resident Household.
Household member(s) who resides in a mobilehome park for nine continuous days or more in any 12-month period, and whose residential address in the mobilehome park or permanent recreational vehicle park can be verified as one that meets at least three of the following criteria:
1. 
Address where registered to vote.
2. 
Home address on file at place of employment or business.
3. 
Home address on file at dependents' primary or secondary school.
4. 
Not receiving a homeowner's exemption for another property or mobilehome in this state nor having a principal residence in another state.
5. 
California Department of Motor Vehicles identification address.
6. 
Mailing address.
7. 
Vehicle insurance address.
8. 
Home address on file with bank account.
9. 
Home address on file with the Internal Revenue Service.
10. 
Home address on file with local club/association membership.
11. 
Any other criteria determined to be acceptable by the Director.
Resident Impact Report.
A report required by Government Code Section 66427.5(b) and containing the information set forth in Section 27.50.070. "Resident Impact Report" does not include a conversion impact report required by Chapter 28.78 or Government Code Section 65863.7 or 66427.4, as applicable.
Survey of Resident Support.
A survey of residents of the mobilehome or permanent recreational vehicle park carried out in accordance with Government Code Section 66427.5(d) and Section 27.50.050.
(Ord. 5895, 2019)
A. 
Notifications by city. When an application has been made to the City for the conversion of a mobilehome park to resident ownership, the City shall inform the subdivider, in writing, of local regulations regarding notifications to residents within the affected park, as well as the notification requirements set forth in Section 798.56 of the Civil Code. Disclosure of notice requirements by the City shall be made at least 30 days prior to any hearing on the application required by Section 27.50.090.
B. 
Notifications by subdivider. The subdivider shall provide the following notices to all residents of the mobilehome or permanent recreational vehicle park. No hearing on the application shall be held or any other action on the application taken until the subdivider has submitted written documentation and verification that the applicant has provided the residents with all required notices as part of the application.
1. 
Notice of Resident Impact Report. The subdivider shall provide a copy of the resident impact report required by Government Code Section 66427.5(b) and this chapter to the residents of each mobilehome space within the affected mobilehome or permanent recreational vehicle park. Such notice shall be provided within 15 days after completion of the report, but in no case later than 15 days prior to the public hearing on the application. The subdivider shall also provide a copy of the report to any new or prospective residents in accordance with subsection B.4. below.
2. 
Notice of Exclusive Right to Purchase. At the time of filing the application, the subdivider shall provide the homeowners of each mobilehome space written notice of their exclusive right to purchase pursuant to Government Code Section 66427.5(a) and in accordance with Section 27.050.030.
3. 
Notice of Right to Continue Residency as Tenant. At the time of filing the application, the subdivider shall provide the residents of each mobilehome space written notice of their right to continue residency as a tenant in the park if they do not exercise their right to purchase, as required by Government Code Section 66427.5(a).
4. 
Notice to New Residents. After an application for a conversion of a mobilehome park to resident ownership has been filed with the City, the subdivider shall advise each prospective resident who thereafter proposes to occupy a mobilehome space within the mobilehome or permanent recreational vehicle park, in writing, that such application has been filed. Notice shall be provided prior to the execution of a rental agreement or commencement of such occupancy, whichever occurs first. The subdivider shall also provide a copy of the resident impact report to any new or prospective residents.
5. 
Notice of Termination of Tenancy. The subdivider shall provide each resident at least six months written notice of termination of tenancy after all required permits and approvals requesting the conversion to resident ownership have been approved by the City in accordance with Civil Code Section 798(g).
(Ord. 5895, 2019)
In addition to any other information required by this Code and/or other applicable law, an application for a subdivision map involving the conversion of a mobilehome or permanent recreational vehicle park to resident ownership shall avoid the economic displacement of all non-purchasing residents by including all of the following:
A. 
Documentation establishing that the subdivider has provided all notices required by Government Code Section 66427.1 et seq., Civil Code Section 798.56(g), and Section 27.50.030.B to all park residents.
B. 
Documentation establishing that the subdivider has offered each homeowner the option to purchase his or her condominium or subdivided unit which is to be created by the conversion of the park to resident ownership, or to continue residency as a tenant.
C. 
The survey of resident support that documents the amount of residential support for the proposed subdivision. The survey shall be conducted in compliance with Government Code Section 66427.5 and Section 27.50.050 of this chapter, including the completed survey and ballots.
D. 
The resident impact report setting forth the impacts of the proposed conversion on the residents of the park, prepared in compliance with Section 27.50.060 of this chapter.
E. 
The most recent maintenance inspection report demonstrating compliance with Title 25 of the California Code of Regulations ("Title 25 Report"), and proof of remediation of any Title 25 violations confirmed in writing by the California Department of Housing and Community Development ("HCD").
F. 
A tentative map or parcel map containing all the information required in a tentative map or parcel map for any subdivision subject to the provisions of this title and Chapter 28.88 of Title 28, unless waived in accordance with the requirements of Government Code Section 66428.1 and Section 27.50.100.
G. 
Written verification from the applicant, signed under penalty of perjury, to the City documenting that the requirements of Government Code Section 66427.5 and this chapter have been met.
(Ord. 5895, 2019)
Prior to filing the application, the subdivider shall obtain a survey of support of residents of the park for the proposed conversion in accordance with the requirements of Government Code Section 66427.5 and the following requirements:
A. 
Agreement with homeowners' association. The survey of resident support shall be conducted in accordance with an agreement between the subdivider and the resident homeowners' association, if any, that is independent of the subdivider or mobilehome park owner.
1. 
In the event that more than one homeowners' association purports to represent the homeowners in the mobilehome or permanent recreational vehicle park, the agreement required by Government Code Section 66427.5 and this section shall be with the resident homeowners' association which represents the greatest number of mobilehome spaces in the park.
2. 
The application must demonstrate that the homeowners' association gave its informed consent to the survey, including, but not limited to, proof that the applicant advised the homeowners' association of the following minimum requirements:
a. 
That the City will not accept the conversion application until the subdivider conducts a survey of resident support for the conversion and that the proposed conversion is a bona fide conversion;
b. 
That for the survey to be valid, the subdivider and the homeowners' association must reach an agreement on the survey's content and method of distribution and collection;
c. 
That the City may consider the survey results, including whether there is majority support, in determining whether to approve the conversion;
d. 
That if the homeowners' association has questions about its rights regarding the survey or the conversion process, it should consult independent legal counsel; and
e. 
That if the homeowners' association requests to consult with legal counsel, it shall be given a reasonable time to do so.
B. 
Ballot. The survey shall be obtained pursuant to a written ballot.
C. 
Voting requirements. The survey shall be conducted so that each occupied mobilehome space has one vote.
D. 
Review by City.
1. 
The results of the survey shall be submitted to the City upon the filing of the tentative or parcel map, to be considered in the City's decision as to whether to approve, conditionally approve, or disapprove the map, and the City may disapprove the map if it finds that the results of the survey have not demonstrated the support of at least a majority of the park's homeowners.
2. 
The subdivider shall be subject to a hearing by the Advisory Agency, which is authorized by local ordinance to approve, conditionally approve, or disapprove the map. The scope of the hearing shall be limited to the issue of compliance with this section.
(Ord. 5895, 2019)
In evaluating a proposed conversion of a rental park to resident ownership, the City shall determine whether the proposed conversion is a bona fide resident conversion. The following criteria shall be used by the Advisory Agency in determining whether a proposed conversion is a bona fide resident conversion.
A. 
Bona fide resident conversion defined. A "bona fide resident conversion" is a conversion to resident ownership that is pursued for the primary purpose of conveying mobilehome lots to current homeowners, rather than avoiding the City's rent control regulations, and that the results of the survey have demonstrated the support of at least a majority of the park's homeowners.
B. 
Rebuttable presumption. If the survey of resident support conducted in accordance with Government Code Section 66427.5 and this chapter shows that the homeowners of more than 50 percent of mobilehomes in the mobilehome park support the conversion to resident ownership, the conversion shall be presumed to be a "bona fide resident conversion." Any person challenging this presumption shall have the burden of demonstrating that the proposed conversion is not a bona fide resident conversion because the survey was not carried out in accordance with the requirements of Government Code Section 66427.5(d) and this section.
(Ord. 5895, 2019)
A. 
Content. The resident impact report submitted by the subdivider shall, at a minimum, include all of the following:
1. 
Identification of the number of mobilehome spaces in the mobilehome park and the rental rate history for each mobilehome space over the four years prior to the filing of the application, including a list of spaces subject to the rent provisions of Chapter 26.08 and the spaces exempt from rent control based on long-term leases pursuant to Civil Code Section 798.17 during the four-year period;
2. 
Identification of the anticipated method and timetable for compliance with Government Code Section 66427.5(a), and identification of the number of existing homeowners expected to purchase their subdivided units within the first four years after conversion;
3. 
For non-purchasing homeowners who are not low income under Government Code Section 66427.5(f)(1), identification of the anticipated method and anticipated timetable for controlling the rents for the mobilehome spaces occupied by such homeowners pursuant to Government Code Section 66427.5(f)(1), and to the extent available, identification of the number of mobilehome spaces likely to be subject to these provisions;
4. 
For non-purchasing homeowners who are low income under Government Code Section 66427.5(f)(2), identification of the anticipated method and anticipated timetable for controlling the rents for the mobilehome spaces occupied by such homeowners pursuant to Government Code Section 66427.5(f)(2), and to the extent available, identification of the number of mobilehome spaces likely to be subject to these provisions;
5. 
If the useful life of any common facilities or infrastructure is less than 30 years, a study estimating the cost of replacing such facilities over their remaining useful life, and the applicant's plan, if any, to provide funding for same;
6. 
An estimate of the annual overhead and operating cost of maintaining the mobilehome park, its common areas and landscaping, including replacement costs as necessary, over the next 30 years and the applicant's plan, if any, to provide funding for the same;
7. 
The name and address of each resident, household size and length of time at address;
8. 
An estimate of the number of residents who are seniors or disabled. An explanation of how the estimate was derived must be included;
9. 
An estimate of the number of mobilehomes that are homeowner-occupied and the number that are occupied by a tenant(s). For rented mobilehomes, the nature of the tenancy (for instance, by lease or month-to-month) and identity of the lessor must also be provided;
10. 
The age of each mobilehome; whether it is a single, double, or triple; and the nature of all mobilehome improvements made by the homeowner which are known or reasonably known to the applicant;
11. 
An analysis of the potential for non-purchasing homeowners to relocate their mobilehomes to other comparable mobilehome parks or comparable alternative housing conducted by a relocation specialist in accordance with Section 30.185.290 I.5.g through 30.185.290 I.5.i.
B. 
Waiver. Except as required by State law, the Chief of Building and Zoning shall have the authority to waive any of the requirements for the resident impact report set forth in subsection A of this section upon determination that the information is not relevant to a particular application under consideration.
(Ord. 5895, 2019)
A. 
Standards. In order to convert the use of a rental mobilehome or permanent recreational vehicle park to resident ownership, said park shall be brought up to the standards for construction of new mobilehome or permanent recreational vehicle park as established in Sections 28.94.040 and 28.94.045 of this Code. In cases where: (1) the applicant can demonstrate that the standards cannot or should not reasonably be met; and (2) 75 percent of the current residents of an applicant's park have expressed a written intent to purchase the park from the applicant, said standards may be waived or modified by the Chief of Building and Zoning.
B. 
Conversion. In order to convert the use of a rental mobilehome or permanent recreational vehicle park to an overnight recreational vehicle park, said overnight recreational vehicle park shall meet all standards required by Section 28.94.050 of this Code.
(Ord. 5895, 2019)
The Advisory Agency shall not approve the conversion of a mobilehome park to resident ownership unless the Advisory Agency finds, after a duly noticed public hearing on the application and based on evidence in the record that:
A. 
General findings. The Advisory Agency shall not approve a tentative tract map or parcel map for a subdivision to be created from the conversion of residential real property into a condominium project, a community apartment project, or stock cooperative project unless it makes all of the findings required by Government Code Section 66427 and Section 27.07.100 of this chapter and Chapter 28.88.
B. 
Special findings. In addition to all other findings required by this chapter, the Advisory Agency shall not approve an application for conversion of a rental mobilehome park to resident ownership unless the Advisory Agency also makes all of the following special findings:
1. 
The conversion contains provisions to ensure that the applicant shall avoid the economic displacement of all non-purchasing residents by offering each existing tenant the option to either purchase his or her condominium or subdivided unit which is to be created by the conversion of the park to resident ownership, or to continue residency as a tenant, in accordance with Government Code Section 66427.5(a) and this chapter;
2. 
A survey of resident support has been conducted and the results filed with the City in accordance with the requirements of Government Code Section 66427.5(d) and Section 27.50.050;
3. 
The conversion is a bona fide resident conversion pursuant to Government Code Section 66427.5 and this chapter;
4. 
The subdivider has completed and filed a resident impact report in accordance with the requirements of Government Code Section 66427.5(b);
5. 
Appropriate provisions or conditions have been made for the establishment and funding of an association or corporation adequate to ensure proper long-term management and maintenance of all common facilities and infrastructure;
6. 
The benefits to be derived from providing increased low-to-moderate cost home ownership opportunities outweigh the loss of rental housing opportunities; and
7. 
There are no physical conditions existing in the mobilehome park that are detrimental to public health or safety, unless: (a) all of the findings required above in subsections B.1. through B.6. are made, and (b) the subdivider has instituted corrective measures adequate to ensure prompt and continuing protection of the health and safety of park residents and the general public.
(Ord. 5895, 2019)
Notwithstanding other provisions of this title, where two-thirds of the homeowners express support for the conversion by signing a petition substantially in the form provided by Government Code Section 66428.1, the subdivider may seek a waiver of the tentative and parcel map requirements provided by statute and under this chapter. The waiver shall be granted by the Advisory Agency unless any of the following exceptions apply:
A. 
Significant health and safety concerns require design or improvement.
B. 
Exterior boundary discrepancy requires recordation of new parcel/tentative and final maps.
C. 
The conversion to resident ownership creates additional mobilehome lots that did not exist prior to conversion.
D. 
Existing parcels were not created by a parcel or final map.
E. 
The subdivider shall be entitled to a decision on the waiver within 50 days of requesting such a waiver. That decision is appealable to the City Council.
(Ord. 5895, 2019)
The City Council may, by resolution, establish fees and deposits for the administration of this chapter. Such fees shall be paid by the applicant subject to the provisions of this chapter in accordance with the limitation of Government Code Section 65863.7(g).
(Ord. 5895, 2019)