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(a) Purpose. The purpose of this Section is to facilitate resident purchase of mobile home parks. This Section allows the waiver of certain subdivision requirements and expedites local government processing for mobile home park conversions to condominiums or stock cooperatives. These conversions will preserve an important source of affordable housing.
(b) Applicability. For the purposes of this Section, an application for subdivision shall be considered “resident initiated” when signed by a resident organization formed by the tenants of the subject mobile home park for the purpose of purchasing the mobile home 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 mobile home park. A pre-application conference may be requested by the applicant(s) before formation of the resident organization or before entering into a legally binding contract; provided the Director determines in writing that it is reasonable to believe that the contract may be entered into within a 12-month period.
(c) Exclusions. The provisions of this Section shall not apply to:
(1) The purchase of a mobile home park by a non-profit corporation which is subject to the provisions of Business and Professions Code § 11010.8; or
(2) Special Occupancy Parks (e.g. Recreation Vehicle Parks) as defined in Mobile Home Parks Act § 2008, of the Code of Regulations Title 25.
(d) Waiver of Tentative and Final Map Requirements. Notwithstanding other provisions of this Division, the requirement for the filing of a Tentative 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 Director in compliance with Map Act § 66428.1; provided the following procedures are followed by a resident organization desiring to convert their park and the necessary findings are made by the Director.
(1) Pre-Application Conference. Before filing an application for mobile home park conversion, the resident association shall have a pre-application conference with the Development Review Committee. The conference shall be scheduled in compliance with the policy established by the Board for the Housing Incentive Program. The purpose of this conference is to determine that the proposal qualifies under the provisions of this Section. The following information shall be submitted with the application for the conference.
(A) Previously approved plot plan for the mobile home park. If none exists, a plot plan shall be filed in compliance with the requirements established by and available at the Department.
(B) A supplemental report to include the following information:
(I) Name of consultants, if any.
(II) Disclosure of all known fees and costs for the conversion process.
(III) Documentation demonstrating that a minimum of two-thirds of the residents of the mobile home park support the proposed conversion.
(IV) Declarations from those residents supporting the conversion that their principal place of residence is within the subject mobile home park.
(V) 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 the County health and safety standards in effect at the time the park was created. Any on-site dedications or public improvements to be required shall be identified by the committee.
(VI) Proposed tentative schedules to expedite meeting and coordinating any requirements of the Planning Agency and the Department of Real Estate, including but not limited to the public report. The schedule shall include an outline of the permits and noticing required to allow this conversion and the estimated time at which the permits are obtained.
(VII) Evidence showing that the 60-day Notice of Intent to file the conversion application [as required by Map Act § 66427.1(a)] has been met.
(VIII) 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 Map Act § 66427.4 is needed. The report shall specify whether any residents of the park are to be involuntarily displaced and any proposed measures to mitigate the 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 before proposed conversion, shall not be considered involuntarily displaced. At the pre-application 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. The noticing, assistance, or compensation may include the following:
(i) The project shall comply with the Mobile Home Residency Law, Civil Code §§ 798 et seq.
(ii) The project applicants may be required to provide relocation assistance in compliance with Federal, State, or local laws.
(C) The Planning representative of the Development Review Committee shall field check the park before 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 Section. The 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. The information shall include the following:
(I) Development Review Committee pre-application conference minutes. These minutes shall include the proposed tentative schedules required by Subdivision (d)(1)(B)(VI), above.
(II) If the parcel upon which the park lies was created before January 1, 1960, a Parcel Map application shall be required. The application shall be processed concurrently with any other information filed in compliance with the pre-application conference.
(III) Mobile Home Park Conversion Impact Report, if required at the pre-application conference to meet the requirements of Map Act § 66427.4. The report shall be given to each resident within the mobile home park.
(IV) Mobile home park plot plan if no plot plan was previously approved.
(V) Any special information which was identified by the Development Review Committee. Among the information may be information to assist in the environmental review of the proposal.
(VI) Certificate of Compliance application.
(D) The review and processing of any application in compliance with this Section shall be subject to the same review and time requirements and appeal procedures as are provided in this Division for Tentative Maps. In any case where waiver of the Tentative and Final Map is granted, the Director shall cause to be filed for record with the County Recorder a Certificate of Compliance in compliance with this Division. The Director may require a public hearing in compliance with Chapter 86.07 (Public Hearings). Should a public hearing be required the noticing provisions of Map Act § 66451.3 shall be met.
(2) Findings for Approval. A mobile home park conversion shall be approved or conditionally approved only if all of the following are first found to be true:
(A) The mobile home park complies with the requirements established by State law and County ordinance for these uses at the time the mobile home park was constructed. The 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 Map Act and this Division;
(B) Any measures necessary to mitigate the impact of the conversion on current residents of the park have been required as conditions of approval; and
(C) Applicable noticing requirements of the Map Act have been, or will be met.
(3) Conditions of Approval. The following conditions may be required by the Director as conditions of approval for the proposed conversion:
(A) Subdivisions allowed by this Section may include conditions requiring a Compliance Survey inspection to the satisfaction of the Director. However, the survey shall be limited to require improvements relating only to items of a health and safety nature.
(B) The mobile home condominiums or stock cooperatives shall be subject to Code of Regulations Title 25.
(C) Only additional on-site improvements or development standards which were applicable at the time the mobile home park was originally developed may be required.
(D) Off-site public improvements for qualifying mobile home parks shall be waived, except as follows:
(I) Any off-site improvements shall be financed with appropriate assessment bonds.
(II) The Certificate of Compliance shall not be delayed or contingent upon completion of the off-site improvements.
(E) Any requirements and/or documents required by the State Common Interest Development Act, Civil Code §§ 1350 et seq.
(F) Conditions of approval necessary to ensure any noticing requirements that are required by Map Act § 66427.1 are met.
(G) 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. The plan shall reference the “waiver” notice requirement in Subdivision (H), below, to the satisfaction of the Director.
(H) 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 County and only conditions applicable to the original development of the mobile home park have been required.
(I) The applicants shall comply with the indemnification requirements of § 81.01.070 (Legal Defense Fee Responsibility) of this Development Code.
(J) The Director may impose any conditions of approval to ensure any appropriate measures for relocation assistance are implemented.
(K) No mobile home shall be required to be placed on a permanent foundation as a result of the conditional approval.
(L) Any condition of approval required in compliance with this Section shall be drafted to expedite the conversion process.
(Ord. 4011, passed - -2007)