Permit Required.
No person, firm, corporation, partnership or other entity
shall convert the use of any existing mobilehome park or permanent
recreational vehicle park without first having said conversion tentatively
approved by the Planning Commission, or the City Council on appeal,
and having been issued a conversion permit by the Chief of Building
and Zoning.
Conversion Defined.
For purposes of this chapter, "conversion" shall mean use of a mobilehome or permanent recreational vehicle park or a portion of a mobilehome or permanent recreational vehicle park for a purpose other than the rental, or the holding out for rent, of two or more mobilehome or recreational vehicle spaces to accommodate mobilehomes or recreational vehicles and shall not mean the adoption, amendment or repeal of a park rule or regulation. "Conversion" may affect an entire park or any portion thereof, and such "conversion" shall include, but is not limited to, a conversion of a park or any portion thereof to a condominium, stock cooperative, residential development, commercial use, office use, manufacturing use or vacant land. Any conversion to condominiums shall be subject to Sections
28.88.050,
28.88.060,
28.88.070,
28.88.080,
28.88.090 and Section
28.88.100 of this title, in addition to the provisions of this chapter. For the purposes of this chapter, condominiums shall be deemed to include community apartments and stock cooperatives.
(Ord. 4269, 1984)
In addition to such other application requirements as the Planning
Commission may deem necessary, no application for a conversion permit
shall be accepted for any purpose unless it includes the following:
A. Concept
plan. A written statement and concept plan indicating the use the
park site is intended to accommodate, including the approximate number
of proposed residential units, if any; approximate square footage
and use of any buildings proposed; and the probable impacts/benefits
to the community created by the proposed project.
B. Site
plan. A site plan of the existing mobilehome or permanent recreational
vehicle park showing all existing mobilehome and recreational vehicle
spaces, identified by number and indicating whether the space is currently
occupied.
C. Residents
list. A list of the names and addresses of all residents of the mobilehome
or permanent recreational vehicle park.
D. Impact
report. A report on the housing and financial impacts of the removal
of the mobilehomes and recreational vehicles upon all displaced residents.
The report shall include but not be limited to the following six items
except where the applicant can demonstrate that such is not available.
1. Rental
rate history for each space for the previous five years;
2. Monthly
vacancy rate for each month during the preceding two years;
3. Makeup
of existing resident households, including family size, length of
residence, age of residents, estimated household income, and whether
receiving federal or state rent subsidies;
4. The
date of manufacture and size of each mobilehome and recreational vehicle
in the park;
5. A
list of those mobilehomes or recreational vehicles that cannot qualify
for relocation to another park within reasonable proximity to the
City; and
6. A
statement of availability and location of equivalent replacement space
in mobilehome or recreational vehicle parks within reasonable proximity
to the City.
E. Relocation assistance plan. A relocation assistance plan shall be prepared by the applicant which states all measures proposed by the applicant to mitigate any identifiable adverse impacts of the conversion on the displaced permanent residents of the mobilehome or permanent recreational vehicle park. Every relocation assistance plan shall provide, at a minimum, that displaced permanent residents will be provided relocation benefits equal to those required by Section
28.88.100 of this code. A permanent resident (1) is a person for whom the unit he or she owns is his or her sole residence, or who has rented the mobilehome or recreational vehicle for a period of at least nine consecutive months; and (2) does not include a person who has resided in the park for one year or less prior to the date of application for the conversion permit, provided the person was given written notice of the owner's intention to convert prior to agreeing to reside in the park.
F. Evidence
of notice. The applicant shall submit evidence that a notice of intent
to convert was delivered to each resident for whom a signed copy of
said notice is not submitted.
G. Other
information. Any other information which, in the opinion of the Community
Development Department, will assist in determining whether the proposed
project will be consistent with the purpose and intent of this chapter.
(Ord. 4269, 1984)
The housing and financial impact report, the relocation assistance
plan, the notice of intent to convert, and other documents shall not
be deemed filed until approved in writing by the Community Development
Department.
(Ord. 4269, 1984)
The Planning Commission shall not approve an application for
the conversion of a mobilehome or permanent recreational vehicle park
unless the Planning Commission finds that:
A. All
provisions of this chapter are met and the issuance of the conversion
permit will not be detrimental to the health, safety and general welfare
of the City. In making this finding, the Planning Commission shall
not consider the impact of the conversion on the City's affordable
housing stock.
B. With
respect to conversions of an existing park to a mobilehome or recreational
vehicle subdivision, that the benefits to be derived from providing
increased low-to-moderate cost home ownership opportunities outweigh
the loss of rental housing opportunities.
C. In
the case of conversion to condominiums, the proposed conversion will
conform to the Santa Barbara Municipal Code in effect at the time
of approval, except as otherwise provided in this chapter.
D. The
park owner has made reasonable efforts to prepare a relocation assistance
program which (i) mitigates any significant adverse impact on the
ability of displaced permanent mobilehome or permanent recreational
vehicle park residents to find adequate space in a mobilehome or permanent
recreational vehicle park, or (ii) in the event such a space is not
available, provides other reasonable and comparable relocation assistance,
and there are sufficient assurances that the measures in the program
will be implemented.
E. In
a park where the majority of permanent residents have incomes at or
below low and moderate levels, as defined by the federal government
and as established by the most recently filed federal income tax returns
or some other document deemed acceptable by the Community Development
Department, the Redevelopment Agency for the City of Santa Barbara
has been offered the right to purchase the mobilehome or recreational
vehicle park at fair market value, as determined by an independent
real property appraiser selected by the Agency, and has declined the
offer or has failed to act on the offer within 180 days of the park
owner's mailing to the Agency a "Notice of Intent to Convert." This
finding may be waived where the applicant can demonstrate, to the
satisfaction of the Planning Commission or City Council on appeal,
that the applicant has made reasonable efforts to obtain necessary
income information from a majority of the permanent residents in the
park and has been unable to do so.
F. The
applicant has not engaged in coercive action toward the residents,
such as an unreasonable rent increase, after submission of the first
application for City review through the date of approval. In making
this finding, consideration may be given to:
1. Rent
increases at a rate greater than the rate of increase in the Consumer
Price Index (Urban Wage Earners and Clerical Workers, Los Angeles-Long
Beach-Anaheim Average, all items, as published by U.S. Bureau of Labor
Statistics) unless provided for in leases or contracts in existence
prior to the submittal of the first application for City review, and
2. Any other action by the applicant which is taken against residents to coerce them to refrain from opposing the issuance of the conversion permit including, but not limited to, any violation of Chapter
26.04 of this code. An agreement with residents which provides for benefits to the residents after the approval shall not be considered coercive action.
G. That
all notice requirements of the City and the state have been met.
H. All
permanent buildings shall, on the date of change of use, be in compliance
with the exit and occupancy requirements and the height and area requirements
for the type of construction and occupancy involved as required by
the
California Building Code as adopted and amended by the City, and
other applicable laws.
(Ord. 2585, 1957; Ord. 2763, 1960; Ord. 3710, 1974; Ord. 4269, 1984; Ord. 4275, 1984; Ord. 5451, 2008)