The intent of this Article is to facilitate resident purchase of mobilehome parks. This Article allows the waiver of certain subdivision requirements and expedites local government processing for mobilehome park conversions to condominiums or stock cooperatives. Such conversions will preserve an important source of affordable housing.
For the purposes of this Article, an application for subdivision shall be considered “resident-initiated” when signed by a resident organization formed by the tenants of the subject mobilehome park for the purpose of purchasing the mobilehome park. The proposed conversion shall be supported by a minimum of two-thirds of the current residents of the park. The resident organization shall have a legally binding contract, which, if the conditions of the contract are met, would result in the acquisition of an interest in the mobilehome park. A preapplication conference may be requested by the applicant(s) prior to formation of the resident organization or prior to entering into a legally binding contract provided the Planning Agency determines in writing that it is reasonable to believe that such contract may be entered into within one year.
The provisions of this Article shall not apply to the following.
(a) 
The purchase of a mobilehome park by a non-profit corporation which is subject to the provisions of Section 11010.8 of the California Business and Professions Code.
(b) 
Special Occupancy Parks (e.g., Recreation Vehicle Parks) as defined in Section 2008 of the Mobilehome Parks Act, Title 25 of the California State Administrative Code.
Notwithstanding other provisions of this division, the requirement for the filing of a Tentative Subdivision Map and the preparation, filing, and recordation of a Final Map for a mobilehome park conversion to a condominium or stock cooperative on a single parcel may be waived by the Planning Agency, provided that the following procedures are followed by a resident organization desiring to convert their park and the necessary findings are made by the Planning Agency.
(a) 
Preapplication conference.
Prior to filing an application for mobilehome park conversion, the resident association shall have a preapplication conference with the Development Review Committee. This conference shall be scheduled in accordance with the policy established by the Council for the Housing Incentive Program. The purpose of this conference is to determine that the proposal qualifies under the provisions of this Article.
The following information shall be submitted with the application for this conference.
(1) 
A previously approved plot plan for the mobilehome park shall be submitted. If one does not exist, a plot plan shall be filed in accordance with the requirements established by the City reviewing authority and available at the information counter of the City of Yucaipa Department of Community Development.
(2) 
A supplemental report to include the following information:
(A) 
Name of consultant(s), if any
(B) 
Disclosure of all known fees and costs for the conversion process
(C) 
Documentation demonstrating that two-thirds of the residents of the mobilehome park support the proposed conversion.
(D) 
Declarations from those residents supporting the conversion that their principal place of residence is within the subject mobilehome park.
(E) 
The location of the park and results of a field inspection done by the applicant(s) or consultant regarding the status of the compliance of the park with City health and safety standards in effect at the time the park was created; any on-site dedications or public improvements to be required, if any, shall be identified by the committee.
(F) 
Proposed tentative schedules to expedite meeting and coordinating any requirements of the City of Yucaipa Planning Agency and the Department of Real Estate, including but not limited to, the Public Report; such schedule shall include an outline of the permits and noticing required to allow this conversion and the estimated time at which such permits are obtained.
(G) 
Evidence showing that the 60-day Notice of Intent to file the conversion application [as required by Section 66427. l(a) of the Subdivision Map Act] has been met.
(H) 
Initial report on the impact of the conversion on the residents of the mobilehome park; this report is needed to determine whether an impact report as required in Section 66427.4 of the Subdivision Map Act is needed; the report shall specify whether any residents of the park are to be involuntarily displaced and any proposed measures to mitigate such displacement; a resident who is offered an opportunity to remain in the park after the conversion through continuation of the tenancy at generally the same terms as existed prior to proposed conversion, shall not be considered involuntarily displaced; at the preapplication conference the Development Review Committee shall indicate whether an impact report needs to be filed with the formal application for the conversion; if it is required, the Development Review Committee shall identify in detail any additional items to be required as mitigation measures to assist any displaced residents; no current resident shall be involuntarily displaced without proper notice, assistance or compensation, to be worked out on a case-by-case basis; such noticing, assistance, or compensation may include, but is not limited to, the following:
(I) 
The project shall comply with the Mobilehome Residency Law, Section 798, et seq., of the California Civil Code.
(II) 
The project applicant(s) may be required to provide relocation assistance pursuant to federal, state, or local laws.
(b) 
The Development Review Committee shall fieldcheck the park prior to the scheduled meeting. The Development Review Committee shall establish if the proposed mobilehome park conversion meets the intent and is capable of meeting the provisions of this Article. The City Planner shall attempt to inform the applicant(s) at the earliest opportunity if a public hearing is to be required. If the proposed mobilehome park conversion is acceptable, the Development Review Committee shall identify the information the applicant needs to file to proceed with the proposal. Such information shall include the following.
(1) 
Development Review Committee Preapplication Conference Minutes. These minutes shall include the proposed tentative schedules required by Section 83.041310(a)(2)(F).
(2) 
If the parcel upon which the park lies was created prior to January 1, 1960, a Parcel Map Application shall be required. Such application shall be processed concurrently with any other information filed pursuant to the preapplication conference.
(3) 
Mobilehome Park Conversion Impact Report, if required at the preapplication conference to meet the requirements of Section 66427.4 of the Subdivision Map Act (such report shall be given to each resident within the mobilehome park).
(4) 
Mobilehome Park Plot Plan, if no plot plan was previously approved.
(5) 
Any special information which was identified by the committee. Among such information may be information to assist in the environmental review of the proposal.
(6) 
Certificate of Subdivision Compliance application.
The review and processing of any application pursuant to this section shall be subject to the same review and time requirements and appeal procedures as are provided in this Division for Tentative Subdivision Maps. In any case where waiver of the Tentative and Final Map is granted the Community Development Director shall cause to be filed for record with the County Recorder a Certificate of Subdivision Compliance pursuant to Article 9 of this Division. The Community Development Director may require a public hearing pursuant to the provisions of Section 83.04022(b) of this Code. Should a public hearing be required, the noticing provisions of Section 66451.3 of the Subdivision Map Act shall be met.
(c) 
Findings of approval. A mobilehome park conversion shall be approved or conditionally approved only if the following are found and justified as being true.
(1) 
The mobilehome park complies with the requirements established by State law and City Ordinance for such uses at the time the mobilehome park was constructed. Such regulations shall include those regarding area, improvement, and design, flood water drainage control, public roads, sanitary disposal facilities, water supply, and distribution systems, environmental protection, and other requirements of the Subdivision Map Act or this Division.
(2) 
Any measures necessary to mitigate the impact of the conversion on current residents of the park have been required as conditions of approval.
(3) 
Applicable noticing requirements of the Subdivision Map Act have been, or will be met.
(d) 
Conditions of approval. The following conditions may be required by the Planning Agency as conditions of approval for the proposed conversion.
(1) 
Subdivisions permitted by this Article may include conditions requiring a Compliance Survey inspection to the satisfaction of the Planning Agency. However, such a survey shall be limited to require improvements relating only to items of a health and safety nature.
(2) 
The mobilehome condominiums or stock cooperatives shall be subject to Title 25 of the California State Administrative Code.
(3) 
Only additional on-site improvements or development standards which were applicable at the time the mobilehome park was originally developed may be required.
(4) 
Off-site public improvements for qualifying mobilehome parks shall be waived, except as follows.
(A) 
Any off-site improvements shall be financed with appropriate assessment bonds.
(B) 
The Certificate of Subdivision Compliance shall not be delayed or contingent upon completion of the off-site improvements.
(5) 
Any requirements and/or documents required by the State Common Interest Development Act, Title 6 (commencing with Section 1350), Part 4, Division 2 of the California Civil Code.
(6) 
Conditions of approval necessary to ensure any noticing requirements that are required by Section 66427.1 of the Subdivision Map Act are met.
(7) 
Any plan or document required to be submitted to the Department of Real Estate shall be reviewed for consistency with the approved project and plot plan. Such plan shall reference the “waiver” notice requirement in Condition Eight below, to the satisfaction of the Community Development Director.
(8) 
Notice shall be placed on the Certificate of Subdivision Compliance that standard subdivision requirements for the creation of condominiums/stock cooperatives have been waived by the City of Yucaipa, and only conditions applicable to the original development of the mobilehome park have been required.
(9) 
The applicant(s) shall comply with the indemnification requirements of Section 81.0150 of this Code.
(10) 
The Planning Agency may impose any conditions of approval to assure any appropriate measures for relocation assistance are implemented.
(e) 
Any conditions of approval required pursuant to this Article shall be drafted in such a way so as to expedite the conversion process. No mobilehome shall be required to be placed on permanent foundations as a result of the conditional approval.