PART 9. MOBILEHOME PARK RESIDENTIAL CONVERSIONS
Sections:
§ 9209.3 Application Requirements.
§ 9209.5 Tentative Map and Preliminary Parcel Map Approval.
§ 9209.6 Effective Date of Decision and Appeals.
9209.1 Purpose.
The purpose of these provisions is to promote greater individual choice in type, quality, price and location of housing; to provide for the housing needs of all segments of the population; to provide increased homeownership opportunities for all segments of the population; to mitigate the hardship caused by displacement of tenants, particularly those in low to moderate cost housing and those who are elderly, families with minor dependent children, the handicapped and the disabled; to promote the safety of conversion projects and correction of Building Code violations in such projects; to provide adequate off-street parking; to encourage construction of new rental units to replace units lost due to conversions; to protect the existing rental housing stock by reducing conversions; to ensure that conversions of mobilehome parks to resident ownership are bona fide resident conversions in accordance with state law; and to generally regulate projects in accordance with applicable general and specific plans and with the public health, safety and welfare. (Ord. 06-1358, § 1; Ord. 08-1401, § 1)
9209.2 Applicability.
The provisions of this Part shall apply to all mobilehome park conversions and all tentative maps and preliminary parcel maps submitted for consideration subsequent to the date upon which the ordinance codified in this Part becomes effective. (Ord. 06-1358, § 1)
9209.3 Application Requirements.
A. Compliance with Law. A conversion project shall comply with the Division of Land regulations in Chapter 2 of Article IX of the Carson Municipal Code, the provisions of this Part, and local ordinances and other applicable State laws such as Government Code Sections 66427.5 and/or 66428.1.
B. Information Required. In addition to the information required by other applicable sections of this Code and other applicable law, the following information shall be submitted at the time of filing:
1. Building Plans. Building plans or other documents containing the following information pertaining to the project and certified as to its accuracy by a licensed engineer:
(a) A description of the features of the type of common area building and project, including age, type of construction, number of dwelling units, excluding manufactured housing units; and
(b) A site plan, including common area buildings, structures, open spaces, and accessory storage areas and buildings including trash storage areas, and the footprint of each manufactured housing unit and other dwelling unit (if applicable); and
(c) A parking plan, including the total number of spaces actually provided and the total number required at the time of the original entitlement of the mobilehome park if different from that actually provided; dimensions of stalls, aisles and driveways; locations of columns, walls and other obstructions; and total number of covered and uncovered parking spaces and location and number of guest parking spaces; and
(d) A phase I and, if indicated from the phase I report, a phase II environmental report; and
(e) A soils report, if that same is required by the County of Los Angeles or indicated from the phase I report; and
(f) A Department of Real Estate budget (Form No. 623, as the same may be modified from time to time), which includes, but is not limited to, information regarding: (i) the condition of park infrastructure and common facilities and the necessity for any replacements of infrastructure and common area facilities or major repairs estimated for the remaining useful life; (ii) building component reports indicating conditions and estimated remaining useful life of the roof, foundation, plumbing, electrical, heating, air conditioning, other mechanical and structural systems, prepared by a registered civil or structural engineer, licensed general building contractor, licensed general engineering contractor or architect; (iii) a reserve study estimating the cost of replacing all these facilities over their useful life and a plan that provides adequate funding for same; and (iv) an estimate of the cost of all overhead and operating costs of maintaining the park, including, but not limited to, maintaining the park’s open space areas over the next thirty (30) years; and
(g) Floor and elevation plans, including indications of common and private areas (excluding manufactured housing units) and required exits; and
(h) All existing building inspection reports (if any such report has already been submitted to the California Department of Real Estate, a copy of such report shall be furnished to the City); and
(i) A structural pest control report, prepared by a licensed pest control contractor for all common areas; and
(j) A utility report, if the spaces within a park are not individually metered, confirming (i) the existence of adequate utility services, and (ii) indicating the feasibility of individual or submetering, prepared by qualified engineers; and
(k) All legal documents confirming the legal status of the park, including, but not limited to, documents (i) prepared for and defining the powers and duties of the proposed homeowners’ association, including articles of incorporation, bylaws, and conditions, covenants and restrictions; and (ii) any notice(s) from the Department of Housing and Community Development of claimed violations; and (iii) a general title report.
2. Tenant Impact Report. The tenant impact report shall include all information required by State law or by the provisions of this Part, including the following:
(a) Identify the anticipated timetable for compliance with Government Code Section 66427.5(a); and
(b) Identify the method and anticipated timetable for making rent determinations required by Government Code Section 66427.5(f)(1); and
(c) Identify the number of tenants likely to be determined to be subject to Government Code Section 66427.5(f)(1); and
(d) Upon conversion, identify the number of tenants likely to be determined to be subject to Government Code Section 66427.5(f)(1) during the period within five (5) years following conversion; and
(e) Upon conversion, identify the number of tenants likely to be determined to be subject to Government Code Section 66427.5(f)(2); and
(f) Upon conversion, and during the period within five (5) years following conversion, identify the number of tenants likely to be determined to be subject to Government Code Section 66427.5(f)(2); and
(g) Include an analysis of the then-feasible mitigation measures to mitigate adverse impacts of the conversion on the ability of the mobilehome park residents, if such residents so choose, to find adequate comparable replacement space in a mobilehome park. The mitigation measures shall include all measures appropriate to assure that residents: (i) are not displaced by being given a reasonable opportunity to purchase in the park; or (ii) if displaced, through relocation assistance services, are substantially likely to be relocated to a comparable mobilehome park; and
(h) Include a survey of resident support meeting the requirements of Government Code Section 66427.5; provided, that the agreement between the subdivider and a resident homeowners’ association shall be subject to reasonable review by the City prior to approval by any resident homeowners’ association; and
(i) Include an analysis of how the subdivider will avoid the displacement of nonpurchasing tenants by providing the phased increase to market rent as outlined in Government Code Section 66427.5, and include the same in its tenant notice; and
(j) Include a showing that any assistance being provided to tenants to assist with housing purchase and the extent to which such assistance will be likely to permit purchase by eligible tenants, including, as applicable, assistance from private and public sources, including Federal and State. The subdivider shall meet with the City’s Redevelopment Agency staff and/or Housing Division staff to determine the resources in any public housing funding which may be set aside to assist in purchase, including the conditions of such assistance and which tenants can qualify and include this information in the report.
3. Resident Information. The following information shall be requested, but cannot be required, for all existing residents:
(a) Name and address of each resident; and
(b) Household size and total number of project occupants; and
(c) Consistent with Government Code Section 66427.5(f)(2), the subdivider shall provide a rent schedule for four (4) years preceding the application date and relocation assistance plan, if any, or if required by law; and
(d) Information concerning the number of residents in the park who are moderate-income, low-income, and very low-income persons as defined by the U.S. Department of Housing and Urban Development; and
(e) Information concerning the number of residents in the park who are disabled or handicapped; and
(f) Information concerning the number of the residents in the park who are senior citizens as defined by law.
4. Required Submittals and Notices. No application for tentative map or preliminary parcel map approval of a residential conversion project or a residential-to-other-use conversion project shall be accepted until the filing of the tenant impact report as required in subsection (B)(2)(g) of this Section and without adequate evidence from the subdivider that each resident of the project has received notice of the application as of the date of application and notice of the relocation assistance provisions of CMC 9209.4. Any person who becomes a resident of a residential rental unit proposed for conversion project after the date of such application shall be given written notice by the subdivider of the pendency of such application prior to entering into any written or oral rental agreement. (Ord. 06-1358, § 1; Ord. 08-1401, § 2; Ord. 11-1468, §§ 1, 2)
9209.4 Tenant Notification.
A. Notice of Tenant Impact Report. The subdivider shall give existing residents a copy of the tenant impact report within fifteen (15) days of the completion of such report, but not later than fifteen (15) days before the first public hearing pursuant to CMC 9209.5, and shall also provide a copy to new or prospective residents prior to acquiring their interest after the initial distribution of such report.
B. Notification of Exclusive Right to Purchase. In addition to all notification requirements by other provisions of State law, and by other applicable law, the subdivider shall give each resident of any proposed residential conversion project written notice of an exclusive right to contract for the purchase of the dwelling unit occupied by the tenant or purchase of a share in the corporation entitling the shareholder to enjoy exclusive occupancy of the unit upon the same or more favorable terms and conditions than those on which such unit or share will be initially offered to the general public. The right shall run for a period of not less than ninety (90) days from the issuance of the subdivision public report pursuant to California Business and Professions Code Section 11018.2, unless the subdivider receives prior written notice of the resident’s intention not to exercise such right.
C. Residential Conversion Project – Notification of Right to Continue Residency as a Resident. In addition to all notification requirements by other provisions of this Code and by other applicable law, the subdivider shall give each resident of any proposed residential conversion project written notice of the right to continue residency as a tenant in the park as required by Government Code Section 66427.5(a). (Ord. 06-1358, § 1)
9209.5 Tentative Map and Preliminary Parcel Map Approval.
A. Maps Subject to General and Specific Plans and City Ordinances and Applicable Law. All tentative maps and preliminary parcel maps filed in connection with residential conversion projects shall be subject to the Division of Land Regulations contained in Chapter 2 of Article IX of the Carson Municipal Code, except as herein otherwise provided, all City ordinances and other applicable law. All such maps shall be subject to the general plan and any applicable specific plan. Pursuant to Government Code Sections 66427.5(e) and 66474, the Planning Commission and/or City Council are authorized to approve, conditionally approve, or disapprove a map. The Planning Commission and/or City Council may impose such other conditions in excess of those provided in this Part as are reasonably necessary to protect the public health, safety and general welfare.
B. Inconsistent with General or Specific Plans. The Planning Commission and/or City Council shall disapprove a tentative map or preliminary parcel map for a residential conversion project as required in the City’s Division of Land Regulations contained in Chapter 2 of Article IX of the Carson Municipal Code and Government Code Section 66474.
C. Inconsistent with Zoning and Land Pattern. The Planning Commission and/or City Council shall disapprove a tentative map or preliminary parcel map for a residential conversion project where the conversion would be inconsistent with either the existing zoning pattern or land use pattern, unless it finds that there are special circumstances which justify approval of the map. Such circumstances may exist only with respect to the following facts: (i) the prevailing pattern of residential and other land use in the vicinity of the project site; and (ii) the existing and anticipated need for other use development in the planning area in which the project is located.
D. Violations of Code. The Planning Commission and/or City Council shall disapprove a tentative map or preliminary parcel map for a residential conversion project if it finds that there are uncorrected violations of this Code, or that the conversion plan will not protect the health and safety and general welfare of residents, and that an adequate plan to correct such violations or to correct the factors adversely affecting health and safety has not been developed or accomplished.
E. Inadequate Tenant Impact Report. The Planning Commission and/or City Council shall disapprove a tentative map or preliminary parcel map for a residential conversion project if it finds that the tenant impact report is inadequate under the terms of Government Code Section 66427.5 or the provisions of this Part. (Ord. 06-1358, § 1)
9209.6 Effective Date of Decision and Appeals.
The decision of the Planning Commission shall become effective and final fifteen (15) days after the date of its decision unless an appeal is filed in accordance with CMC 9173.4. An appeal shall be considered by the Council as provided in CMC 9173.4. (Ord. 06-1358, § 1)