Notwithstanding other provisions of this Title, the requirement for the filing of a tentative subdivision map and the preparation, filing and recordation of a final map, for a mobile home 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 its park and the necessary findings are made by the planning agency.
A. Preapplication Conference. Prior to filing an application for mobile home 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 City for the housing incentive program. The purpose of this conference is to determine that the proposal qualifies under the provisions of this Chapter. The following information shall be submitted with the application for this conference:
1. Previously Approved Plot Plan for the Mobile Home Park. If none exists, a plot plan shall be filed in accordance with the requirements established by the City reviewing authority and available at the information counter of City Hall.
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 (2/3) of the residents of the mobile home park support the proposed conversion;
d. Declarations from those residents supporting the conversion that their principal place of residence is within the subject mobile home 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 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 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 sixty (60) day notice of intent to file the conversion application (as required by Section 66427.1(a) of the Subdivision Map Act) has been met;
h. Initial report on the impact of the conversion on the residents of the mobile home 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:
(1) The project shall comply with the Mobile Home Residency Law, Sections 798 et seq., of the Civil Code,
(2) The project applicant(s) may be required to provide relocation assistance pursuant to federal, state or local laws.
B. Development Review. The development review committee shall field check the park prior to the scheduled meeting. The development review committee shall establish if the proposed mobile home park conversion meets the intent and is capable of meeting the provisions of this Chapter. The planning director shall attempt to inform the applicant(s) at the earliest opportunity if a public hearing is to be required. If the proposed mobile home 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 16.44.030.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. Mobile home 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 mobile home park;
4. Mobile home 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 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 Title for tentative subdivision maps. In any case where waiver of the tentative and final map is granted, the planning director shall cause to be filed for record with the County Recorder a certificate of compliance pursuant to Chapter 16.36. The planning director may require a public hearing pursuant to the provisions of Section 16.08.040.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 mobile home park conversion shall be approved or conditionally approved only if the following are found and justified as being true:
1. The mobile home park complies with the requirements established by State law and City ordinance for such uses at the time the mobile home park was constructed. Such regulations shall include those regarding to area, improvement and design, flood water drainage control, public roads, sanitary disposal facilities, water supply and distribution system environmental protection and other requirements of the Subdivision Map Act or this Title;
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 Chapter may include conditions requiring a compliance survey inspection to the satisfaction of the planning agency. However, such survey shall be limited to require improvements relating only to items of a health and safety nature;
2. The mobile home condominiums or stock cooperatives shall be subject to Title 25 of the State Administrative Code;
3. Only additional on-site improvements or development standards which were applicable at the time the mobile home park was originally developed may be required;
4. Off-site public improvements for qualifying mobile home parks shall be waived, except as follows:
a. Any off-site improvements shall be financed with appropriate assessment bonds,
b. The certificate of 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 State 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 Subsection D.8. of this Section, to the satisfaction of the planning director;
8. Notice shall be placed on the certificate of compliance that standard subdivision requirements for the creation of condominiums/stock cooperatives have been waived by the City and only conditions applicable to the original development of the mobile home park have been required;
9. The applicant(s) shall comply with the indemnification requirements of Section 1.10.050 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 Chapter shall be drafted in such a way so as to expedite the conversion process. No mobile home shall be required to be placed on permanent functions as a result of the conditional approval.