Chapter 14-42 MOBILE HOME PARK CONVERSIONS TO RESIDENT OWNERSHIP OR TO ANY OTHER USE

This chapter is enacted to establish requirements and procedures for the control and approval of the conversion of mobile home parks to community mobile home park, mobile home park condominium, and nonmobile home park uses. By their nature, mobile home park conversion projects differ specifically from other types of projects. The unique status of such projects tends to magnify the effects associated with higher urban densities to the point where they may lead to conditions of mismanagement, neglect, and blight that impact upon the public health, safety, welfare, and economic prosperity of the City. Such projects may conflict with the policies of the City to provide a variety of individual choices of tenure, type, price, and location of housing and to maintain the supply of mobile home housing for low and moderate income persons and families. To ensure that such problems are avoided in both short and long term, it is the express intent of the City Council to treat mobile home park conversion projects differently from other projects, and to establish rules and standards regulating such projects in the City. This chapter is enacted to ensure that approval of proposed conversions is consistent with policies and objectives of the City, particularly the following:

(a) To make adequate provision for the housing needs of all economic segments of the community;

(b) To facilitate resident ownership of mobile home parks, while recognizing the need for maintaining an adequate inventory of rental space within mobile home parks;

(d) To inform prospective conversion purchasers regarding the physical conditions of the structure and land offered for purchase;

(e) To reduce and avoid the displacement of long term residents, particularly senior citizens, the handicapped, those who are of low income, and families with school-age children, who may be required to move from the community due to a shortage of replacement mobile home housing.

(§ 1, Ord. 835-90 C-M, eff. June 21, 1990)

Part 2: Definitions

14-42.200 General.

For the purpose of this chapter, certain words and phrases are defined in this part and shall be construed as herein set forth unless it shall be apparent from their content that a different meaning is intended.

(§ 1, Ord. 835-90 C-M, eff. June 21, 1990)

14-42.201 Association.

“Association” means the organization of persons who own a condominium space or have right of exclusive occupancy in a mobile home park condominium or community mobile home park.

(§ 1, Ord. 835-90 C-M, eff. June 21, 1990)

14-42.202 Common area.

“Common area” means the entire area within a condominium mobile home park or community mobile home park, except the separate interests therein.

(§ 1, Ord. 835-90 C-M, eff. June 21, 1990)

14-42.203 Common interest development.

“Common interest development” means a real property development as defined in Civil Code Section 1351(c).

(§ 1, Ord. 835-90 C-M, eff. June 21, 1990)

14-42.204 Community mobile home park.

“Community mobile home park” means a common interest development in which an undivided interest in the mobile home park is coupled with the right of exclusive occupancy of any mobile home lot located therein.

(§ 1. Ord. 835-90 C-M, eff. June 21, 1990)

14-42.205 Condominium.

“Condominium” means an estate in real property as defined in Civil Code Section 1351(t).

(§ 1, Ord. 835-90 C-M, eff. June 21, 1990)

14-42.206 Condominium mobile home park.

“Condominium mobile home park” means a mobile home park common interest development consisting of condominiums.

(§ 1, Ord. 835-90 C-M, eff. June 21, 1990)

14-42.207 Conversion project.

“Conversion project” means the term used to include mobile home park conversion to ownership and mobile home park conversion of use, as defined in this part.

(§ 1, Ord. 835-90 C-M, eff. June 21, 1990)

14-42.208 Developer.

“Developer” means the owner or subdivider with a controlling proprietary interest in the proposed mobile home park conversion project.

(§ 1, Ord. 835-90 C-M, eff. June 21, 1990)

14-42.209 Designated resident organization.

“Designated resident organization” means any association of mobile home owners and/or mobile home tenants within a mobile home park which has, not later than fifteen (15) days after issuance of a notice of intent to convert under Section 1442.303, provided the owner or manager of the mobile home park written notice of the following:

(a) The name and address of the organization;

(b) The name and address of the representative of the organization to whom all notices under this chapter shall be given;

(§ 1, Ord. 835-90 C-M, eff. June 21, 1990)

14-42.210 Handicapped mobile home owners.

“Handicapped mobile home owner” means a mobile home owner who is the primary wage earner of a household, or a single person, with any medically determined physical or mental impairment limiting his or her mobility, substantially affecting his or her ability to obtain employment, or requiring special care facilities in the mobile home.

“Physical or mental impairment” is an impairment that results from anatomical, physiological or psychological abnormalities which are demonstrable by medically acceptable clinical or laboratory diagnostic techniques.

(§ 1, Ord. 835-90 C-M, eff. June 21, 1990)

14-42.211 Low income.

“Low income” means eighty (80%) percent or less of the current median income as established annually by the U.S. Department of Housing and Urban Development (HUD) for the Santa Cruz County Standard Metropolitan Statistical Area as adjusted for household size.

(§ 1, Ord. 835-90 C-M, eff. June 21, 1990)

14-42.212 Mobile home.

“Mobile home” means a structure transportable in one or more sections, designed and equipped to contain not more than one dwelling unit, to be used with or without a foundation system. Mobile home does not include a recreational vehicle, commercial coach, or factory built housing as defined in California Health and Safety Code Section 19971.

(§ 1, Ord. 835-90 C-M, eff. June 21, 1990)

14-42.213 Mobile home accessory building or structure.

“Mobile home accessory building or structure” means any building or structure, defined as a manufactured home or mobile home accessory building or structure in Section 18008.5 of the California Health and Safety Code.

(§ 1, Ord. 835-90 C-M, eff. June 21, 1990)

14-42.214 Mobile home lot.

“Mobile home lot” means a portion of a mobile home park designated or used for the occupancy of one mobile home.

(§ 1, Ord. 835-90 C-M, eff. June 21, 1990)

14-42.215 Mobile home owner.

“Mobile home owner” means a person who has the right to the use of a mobile home lot within a mobile home park on which to locate, maintain, and occupy a mobile home, lot improvements and accessory structures for human habitation, including the use of the services and facilities of the park.

(§ 1, Ord. 835-90 C-M, eff. June 21, 1990)

14-42.216 Mobile home park.

“Mobile home park” means an area of land where two (2) or more mobile home lots are rented or leased, to accommodate mobile homes used for human habitation.

(§ 1, Ord. 835-90 C-M, eff. June 21, 1990)

14-42.217 Mobile home park conversion to ownership.

“Mobile home park conversion to ownership” means the conversion of an existing mobile home park containing four (4) or more mobile home lots to a condominium mobile home park or to a community mobile home park.

(§ 1, Ord. 835-90 C-M, eff. June 21, 1990)

14-42.218 Mobile home park conversion of use.

“Mobile home park conversion of use” means the conversion of an existing mobile home park containing four (4) or more mobile home lots to any other use, excluding mobile home park conversion to ownership. The elimination of individual mobile home leasehold or rental agreement interests in a mobile home park shall not constitute conversion.

(§ 1, Ord. 835-90 C-M, eff. June 21, 1990)

14-42.219 Mobile home resident.

“Mobile home resident” means a person, including a mobile home owner or mobile home tenant, who occupies a mobile home.

(§ 1, Ord. 835-90 C-M, eff. June 21, 1990)

14-42.220 Mobile home tenant.

“Mobile home tenant” means a person who rents or leases a mobile home from a mobile home owner.

(§ 1, Ord. 835-90 C-M, eff. June 21, 1990)

14-42.221 Organizational documents.

“Organizational documents” include the declaration of covenants, conditions and restrictions, articles of incorporation, bylaws, and any contracts for the maintenance, management or operation of all or any part of a mobile home park conversion to ownership project.

(§ 1, Ord. 835-90 C-M, eff. June 21, 1990)

14-42.222 Recreational open space.

“Recreational open space” means open space (exclusive of the required front setback area) which shall be used exclusively for leisure and recreational purposes, for the use and enjoyment of occupants and their guests within the condominium mobile home park or community mobile home park and to which such occupants and their guests shall have the right of use and enjoyment. Accessory structures such as swimming pools, recreational buildings, and landscaped areas may be included as open space.

(§ 1, Ord. 835-90 C-M, eff. June 21, 1990)

14-42.223 Right of first refusal.

“Right of first refusal” means an irrevocable, nontransferable, and preemptive right to purchase an interest in a common interest development at a price no greater than the price offered to the general public for such interest.

(§ 1, Ord. 835-90 C-M, eff. June 21, 1990)

14-42.224 Unjust eviction.

“Unjust eviction” means the termination of tenancy by a mobile home park landlord for reasons other than those stated in California Civil Code Section 798.56, or its successors.

(§ 1, Ord. 835-90 C-M, eff. June 21, 1990)

Part 3: General Requirements

14-42.300 Applicability of chapter.

To achieve the purpose of this chapter, all conversion projects shall conform to the requirements of this chapter and all other parts of this title applicable thereto provided that if there is any conflict between the provisions of this chapter and such other parts of this title, the provisions of this chapter shall control.

(§ 1, Ord. 835-90 C-M, eff. June 21, 1990)

14-42.301 Permit required.

Conversion projects shall not be permitted in any district under this title unless the use is permitted in such district, and then only with a conditional use permit issued through the public hearing process by the Planning Commission and City Council in accordance with the procedure set forth in this Chapter 14-42.

(§ 1, Ord. 835-90 C-M, eff. June 21, 1990)

14-42.302 Special noticing and report requirements.

(a) In addition to the requirements of Section 14-10.302 of this title, notice of time, place, purpose of any public hearing on an application for a conditional use permit for a conversion project shall be given to each mobile home owner and mobile home tenant of the proposed project hereinafter identified pursuant to the provisions of this part, and shall be given in the manner prescribed in Sections 14-10.303 and 14.10.304 of this title. In addition, a notice shall be posted at all entrances of the proposed project. Each such notice shall be printed in English and Spanish.

(b) Notwithstanding the provisions of Section 14-10.302 of this title, the Director of Planning or City Clerk shall mail, with postage prepaid, a copy of the staff report on an application for a conditional use permit for a conversion project to each mobile home owner and mobile home tenant at least ten (10) days before the date set for hearing thereon.

(c) Notwithstanding the preceding provisions of this section, the failure of the Director of Planning or City Clerk to mail any notice or report, or the failure of any resident to receive the same, shall not affect in any way whatsoever the validity of the proceedings taken under this chapter, nor of any such proceedings, nor prevent the Planning Commission or City Council from proceeding with any hearing at the time and place set therefor.

(§ 1, Ord. 835-90 C-M, eff. June 21, 1990)

14-42.303 Notice of intention to convert.

At least sixty (60) days prior to the date of filing an application for a conditional use permit for a conversion project, the developer shall notify, in writing, each mobile home owner, mobile home tenant and designated resident organization of the proposed project of this intention to convert, and thereafter, the developer shall notify each person applying for a rental of a mobile home lot in the proposed project, prior to payment of any rent or deposit, of his intention to convert.

Said notice of intention to convert shall contain a statement that the developer proposes a conversion project, and for that purpose that (1) the developer shall file an application for a conditional use permit with the City, and, if applicable, that (2) the developer shall file an application for a final public report with the California Department of Real Estate. Said notice shall also contain a statement of the rights of mobile home owners, mobile home tenants and residents set forth in Sections 14-42.305 and 14-42.306, and the rights of designated resident organizations set forth in Section 14-42.307.

(§ 1, Ord. 835-90 C-M, eff. June 21, 1990)

14-42.304 Notice of public report.

Within five (5) days of receipt of the final public report on the proposed project from the California Department of Real Estate (hereinafter “final public report”), if applicable, the developer shall notify each of the mobile home owners and tenants in the proposed conversion project of the issuance of said report. The notice shall indicate that copies of said report are available on request.

(§ 1, Ord. 835-90 C-M, eff. June 21, 1990)

14-42.305 Rights of mobile home owners and tenants.

Each mobile home owner and mobile home tenant of a proposed conversion project shall have the following rights from the date of issuance of a notice of intention to convert, pursuant to Section 14-42.304, until the date indicated, if applicable, with respect to his or her tenancy:

(a) The right to terminate a lease or rental agreement, without penalty, upon sixty (60) days notice to the landlord;

(b) Notwithstanding the provisions of Chapter 11-3 of Title 11 of this Code, no increase in rent until termination of a lease or rental agreement pursuant to subsection (c) of this section or until twelve (12) months after the date issuance of said notice of intention to convert, whichever comes first;

(c) The right of continued tenancy until 180 days after issuance of the final public report, if applicable, or expiration of the mobile home owner’s or mobile home tenant’s lease or rental agreement, whichever is longer;

(d) No unjust eviction during tenancy;

(e) No coercion or retaliatory action against any such mobile home owner or mobile home tenant, including pressure to support, or refrain from opposing, a conversion project.

(§ 1, Ord. 835-90 C-M, eff. June 21, 1990)

14-42.306 Rights of mobile home residents.

In the case of a mobile home park conversion to ownership, a mobile home resident shall have a right of first refusal to purchase a condominium interest or an undivided interest in a community mobile home park, whichever is applicable. The purchase price shall be no greater than the price offered to the general public for such interest.

(§ 1, Ord. 835-90 C-M, eff. June 21, 1990)

14-42.307 Right of negotiated purchase.

A designated resident organization shall have the right to negotiate for purchase of a mobile home park for which a conversion project is proposed, if written notice of the exercise of this right is provided to the developer within sixty (60) days of the date of issuance of the notice of intention to convert.

(§ 1, Ord. 835-90 C-M, eff. June 21, 1990)

14-42.308 Negotiation for purchase.

If a written notice has been provided to the developer pursuant to Section 1442.307 and within the time limit specified therein, the following procedure shall be followed:

(a) Action on any conditional use permit for the conversion project shall be suspended for 180 days in order that good faith negotiations can be encouraged and such steps may be taken as are reasonably likely to result in preservation of the mobile home park and the housing opportunities therein.

(b) Within fifteen (15) days of receipt of notice, the developer shall meet with each designated resident organization which has provided such notice, in order to explore the possibility of acquisition of the park by such organization.

(c) Upon the request to the Planning Director by either the developer or the designated resident organization, a mediation session shall be conducted by a mediator assigned by the City. The mediation shall be conducted within fifteen (15) days of such request.

(§ 1, Ord. 835-90 C-M, eff. June 21, 1990)

14-42.309 Planning Commission public hearings.

(a) General. Upon the filing of the application pursuant to Sections 1442.400 or 1442.500, and any maps with respect thereto, with the Planning Department, the Commission shall hold at least one public hearing on the matter not less than twenty (20), nor more than sixty (60) days after such application is complete.

(b) Findings required. In making a recommendation for approval, conditional approval, or disapproval, the Planning Commission shall consider the findings specified in Sections 1442.402 and 14-42.502.

(c) Reports to the Council. The Planning Commission shall review the application and the agenda report and by resolution recommend to the Council the approval, conditional approval, or disapproval of the application for conversion.

(§ 1, Ord. 835-90 C-M, eff. June 21, 1990)

14-42.310 Council action.

(a) General. Upon the receipt of the Planning Commission’s report on the application or conversion, the City Clerk shall set the matter for a public hearing before the Council. Such hearing shall be set not less than ten (10), nor more than thirty (30) days following the filing of the Planning Commission’s report with the Council. The Council shall approve, conditionally approve, or disapprove the application not later than thirty (30) days after the completion of the public hearing and the Council shall render its decision.

(b) Notification of Council action. The City Clerk shall notify the applicant or applicant’s designated agent in writing of the action taken by the Council within ten (10) working days after such action, attaching one copy of the Council resolution, and shall forward one copy of the resolution to the Planning Director for their permanent files.

(c) Extensions of time for action by the City. The time limits set forth in this chapter for action on an application for conversion may be extended by the mutual consent of the applicant and the Council.

(§ 1, Ord. 835-90 C-M, eff. June 21, 1990)

Part 4: Mobile Home Park Conversions to Ownership

14-42.400 Supplemental applications.

In addition to application requirements specified in Section 14-10.605 of this title for conditional use permit applications, a supplemental application must be submitted for every mobile home park conversion to ownership and shall include the following:

(a) Satisfactory evidence that, at lest sixty (60) days prior to the date of filing such application, each of the mobile home owners and mobile home tenants within the proposed project received, pursuant to Section 14-42.303, written notice of intention to convert; and that thereafter, each person applying for rental of a mobile home lot or mobile home in the proposed project, prior to payment addition, satisfactory evidence of the posting of said notice at all entrances of the mobile home park shall be submitted;

(b) A declaration that, after the date of filing such application, each person applying for rental of a mobile home or mobile home lot in the proposed project, prior to payment of any rent or deposit, shall receive, pursuant to Section 14-42.303, written notification of intention to convert;

(c) A boundary map showing the location of all existing easements, structures, mature and/or scenic trees, and other improvements upon the property;

(d) The proposed organizational documents and true copies of any and all documents submitted to the California Department of Real Estate for the proposed conversion project;

(e) The material indicated in subsection (d) of this section shall be submitted subject to the following provisions:

(1) The developer shall file with the Director of Planning a true copy of any amended, revised or additional documents submitted to the Department of Real Estate prior to the public hearing before the Planning Commission or City Council on a conditional use permit for a conversion project,

(2) The developer shall file with the City a true copy of the final public report within ten (10) days of issuance by the Department of Real Estate;

(f) A property report describing the condition and estimating the remaining useful life of each of the following elements of each applicable structure and system situate within the project proposed for conversion, excluding mobile homes: roofs, foundations, exterior paint, paved surfaces, mechanical systems, electrical systems, plumbing systems, sewage systems, swimming pools, sprinkler systems for landscaping, utility delivery systems, central or community heating and air conditioning systems, fire protection systems including any automatic sprinkler systems, alarm systems or standpipe systems, and structural elements. For any element whose useful life is less than five (5) years, a replacement cost estimate shall be provided. Such report shall be prepared by an appropriately licensed contractor or registered civil or structural engineer;

(g) A statement detailing the current ownership of all improvements and underlying land; the name and address of each present mobile home park resident within the project and identification of all residents under sixteen (16) years, all residents sixty-two (62) years and over, all residents with minor children, and all handicapped residents; square footage of each mobile home lot; the current or last rental rate for each mobile home lot or rented mobile home and the monthly rental rate for the preceding two (2) years; and the monthly space vacancy over the preceding two (2) years of each mobile home lot proposed to be converted;

(h) A timetable for conversion to a condominium mobile home park or community mobile home park;

(i) Such other documents or information as the Director may require to further the purposes of this chapter;

(j) A description of how the financial aspects of transfers of mobile homes and mobile home lots have been handled for the preceding two years.

Copies of the supplemental application shall be made available upon demand at the on-site office in the proposed project, during regular business hours, to mobile home owners and mobile tenants.

(§ 1, Ord. 835-90 C-M, eff. June 21, 1990)

14-42.401 Supplemental findings for conditional use permit.

In addition to the findings required pursuant to Section 14-10.607 of this title, a conditional use permit may be issued for a mobile home park conversion to ownership only if the Planning Commission or City Council finds that the applicant has provided a program of relocation, rental assistance, purchase assistance or other assistance pursuant to Section 1442.402 to mitigate the impact of the conversion on displaced mobile home owners and mobile home tenants, and that mobile home residents shall have the right of first refusal specified in Section 1442.306.

(§ 1, Ord. 835-90 C-M, eff. June 21, 1990)

14-42.402 Relocation and purchase assistance.

Without limiting the generality of the provisions of Section 14-10.602 of this title relating to conditions which may be imposed upon an application for a conditional use under Chapter 14-10 of this title, the Planning Commission or City Council shall make any conditional use permit which may be granted under Chapter 14-10 of this title for a mobile home park conversion to ownership subject to a condition requiring a plan of relocation and purchase assistance for displaced mobile home owners and mobile home tenants within the proposed project. Such a plan may include the following:

(a) Information to be provided to each mobile home owner within the proposed project:

(1) A list of known available mobile home lots in Santa Cruz, Santa Clara, Monterey, and San Benito Counties, including any written commitments from mobile home park owners willing to accept displaced mobile home owners,

(2) Estimates from two (2) moving companies as to the per mile costs of moving mobile homes of various sizes including, but not limited to, tear down and set up to coaches;

(b) Measures to mitigate the adverse impacts of conversion upon mobile home owners and mobile home tenants. Such mitigation measures shall benefit mobile home owners and mobile home tenants of the mobile home park from the date the application for the conditional use permit for the proposed conversion project is filed with the City, or from the date on which notices to vacate are mailed to mobile home owners and tenants, whichever is earlier. Mitigation measures may include but are not limited to:

(1) Moving expenses for furniture and personal belongings to a new residence in Santa Cruz, Santa Clara, Monterey, or San Benito County,

(2) Provision for payment of any or all portions of the cost of physically moving a mobile home and any other mobile home accessory building or structure to a new site in Santa Cruz, Santa Clara, Monterey, or San Benito County, including, but not limited to, tear down and set up of coaches, as well as the full replacement cost of all items damaged by the move, and the full cost of disconnecting and reconnecting all utilities,

(3) Payment of insurance covering insurable risks inherent in relocation,

(4) For those who move to a multiple or two-family dwelling, provision of a rent subsidy for up to twenty-four (24) months. Rent shall not exceed the fair market rent for new construction and substantial rehabilitation for the Santa Cruz County area as established by the U.S. Department of Housing and Urban Development. “Rent subsidy” is the difference between the rent of the multiple or two-family dwelling and the rent of the mobile home space or mobile home on the date of the notice of intention to convert,

(5) Payment of the difference of rent between the old and new mobile home park spaces for up to twenty-four (24) months,

(6) Purchase of the mobile home at its in-place value, as determined by a tested, certified, and designated member of a nationally recognized appraisal association whenever a mobile home owner chooses not to relocate as provided in subsection (b)(2) of this section. “In-place value” includes the value of any accessory structures whose installation has been approved by mobile home park management, such as a porch or a carport. The appraisal is to be made no more than sixty (60) days prior to its submittal,

(7) Extended leases and rental agreements (commencing at the conclusion of the right of continued tenancy period under subsection (c) of Section 14-42.305) for mobile home tenants who are handicapped, or aged sixty-two (62) or over, and/or of low income, and/or for mobile home owners and mobile home tenants with minor children. No mobile home owner or mobile home tenant covered by any such extended lease or rental agreement shall be unjustly evicted. “Extended lease or rental agreement” is a lease or rental agreement whose expiration date is extended at least ninety (90) days,

(8) A provision for setting aside a certain number of rental spaces for mobile home owners and mobile home tenants who are handicapped, and/or aged sixty-two (62) or over, and/or low income, and/or for mobile home owners and mobile home tenants with minor children.

(§ 1, Ord. 835-90 C-M, eff. June 21, 1990)

14-42.403 Development standards.

To achieve the purposes of this chapter, mobile home park conversion to ownership projects shall conform to the following development standards:

(a) Off-street Parking. The off-street parking requirements shall be one and one-half parking spaces for each mobile home lot. One such space per mobile home lot shall be assigned.

(b) Meters and control valves. The consumption of gas and electricity within each mobile home lot shall be separately metered so that the owner can be billed separately for each utility. A water shut-off valve shall be provided for each mobile home lot or for each plumbing fixture.

(c) Overcurrent protection. Each mobile home lot shall have its own panel board for all electrical circuits which serve the mobile home.

(§ 1, Ord. 835-90 C-M, eff. June 21, 1990)

14-42.404 Findings for noncompliance with development standards.

An application for a conditional use permit for a mobile home conversion project under this part which does not comply with all of the applicable development standards stated in Section 14-42.403 may but shall not under any circumstances be required to be approved, and a conditional use permit may be issued therefor if the Planning Commission, or City Council finds that:

(a) Strict application of the development standards set forth in said Section 14-42.403 would create an unreasonable economic hardship due to (but not limited to) the size, shape, location, or surroundings of the subject property or the buildings situated thereon, but expressly excluding consideration of personal circumstances of the developer; and

(b) A conditional use permit for the conversion project which is not in conformance with such development standards, subject to such permit conditions as may be imposed thereon:

(1) Will provide for substantial compliance with such development standards, and

(2) Will incorporate mitigating features which tend to further the purposes of this chapter.

(§ 1, Ord. 835-90 C-M, eff. June 21, 1990)

14-42.405 Code compliance.

The proposed conversion project shall comply with all applicable City, County and State codes and regulations regarding health and safety. If said project does not comply with said codes and said regulations at the time of approval of a conditional use permit for the project, a code compliance bond shall be submitted as required in Section 1442.406.

(§ 1, Ord. 835-90 C-M, eff. June 21, 1990)

14-42.406 Code compliance bond.

If a proposed mobile home conversion project does not comply with provisions of Section 14-42.405 and/or the Building Official identifies items to be corrected pursuant to said section, any conditional use permit issued pursuant to this chapter shall require the developer to furnish a bond in an amount equal to the reasonable estimated cost of code compliance. Said bond shall run in favor of individual purchasers and the association. Said bond shall provide for reasonable attorney’s fees in the event of default by the principal.

(§ 1, Ord. 835-90 C-M, eff. June 21, 1990)

14-42.407 Effectiveness of permit.

A conditional use permit issued under this chapter for a mobile home conversion project may be issued prior to the time compliance has been made with the said codes and said regulations as hereinabove provided in Section 14-42.405, but such permit shall not become effective unless and until compliance has been made as provided in each permit.

(§ 1, Ord. 835-90 C-M, eff. June 21, 1990)

14-42.408 Recreational open space.

Without limiting the generality of the provisions of Section 14-10.602 of this title relating to conditions which may be imposed upon an application for a conditional use permit under Chapter 14-10 of this title, the Planning Commission or City Council may make any conditional use permit for conversion to a mobile home conversion project subject to a condition requiring recreational open space in a manner and to the extent it deems reasonably necessary to achieve the purposes of this title.

(§ 1, Ord. 835-90 C-M, eff. June 21, 1990)

14-42.409 Documents furnished to prospective purchasers.

The developer shall furnish each prospective purchaser of an interest in a condominium mobile home park or community mobile home park pursuant to a conversion project, a true copy of the conditional use permit issued under this chapter and of each document required by State law and the regulations of the California Department of Real Estate to be provided to such prospective purchaser.

(§ 1, Ord. 835-90 C-M, eff. June 21, 1990)

14-42.410 Capital contributions and warranties.

Without limiting the generality of the provisions of Section 14-10.602 of this title relating to conditions which may be imposed upon a conditional use permit under Chapter 14-10 of this title, the Planning Commission or City Council may make any conditional use permit which may be granted under this part subject to conditions requiring the following:

(a) A capital contribution provided by the developer to the association for the deferred maintenance of the common area, and the deferred maintenance or replacement of any of the elements described in the property report which are owned or maintained by the association pursuant to subsection (t) of Section 14-42.400. Information available pursuant to subsection (f) of Section 1442.400 and the estimated replacement cost of those elements whose useful life is less than five (5) years may be used in determining the amount of such contribution;

(b) A one year warranty provided free of charge by the developer to the association for those systems described in the property report, as hereinabove specified, which are owned or maintained by the association. Such warranty need not cover those systems which may be covered by a substantial capital contribution by the developer for deferred maintenance.

(§ 1, Ord. 835-90 C-M, eff. June 21, 1990)

Part 5: Mobile Home Park Conversions of Use

14-42.500 Supplemental application.

In addition to submittal requirements specified in Section 14-10.605 of this title for conditional use permit applications, a supplemental application must be submitted for a mobile home park conversion of use, and shall include the following:

(a) Satisfactory evidence that, at least sixty (60) days prior to the date of filing such application, each mobile home owner and mobile home tenant within the proposed project received, pursuant to Section 1442.303, written notice of intention to convert; and that thereafter, each person applying for rental of a mobile home or mobile home lot in the proposed project, prior to payment of any rent or deposit, received notice of intention to convert. In addition, satisfactory evidence of the posting of said notice at all entrances to the mobile home park shall be submitted;

(b) A declaration that, after the date of filing such application, each person applying for rental of a mobile home or mobile home lot in the proposed project, prior to payment of any rent or deposit, shall receive, pursuant to Section 1442.303, written notification of intention to convert;

(c) A statement detailing the current ownership of all improvements and underlying land; the name and address of each present mobile home park resident within the project and identification of all residents under sixteen (16) years, all residents sixty-two (62) years and over, and all residents with minor children, and all handicapped residents; square footage of each mobile home lot; the current or last rental rate for each mobile home lot and rental mobile home and the monthly rental rate for the preceding two (2) years; and the monthly space vacancy over the preceding two (2) years of each mobile home lot proposed to be converted;

(d) A timetable for conversion of the mobile home park use;

(e) The appraised market value of each mobile home lot and the in-place value of each mobile home in the park. The appraisal is to be made no more than ninety (90) days prior to submittal of the supplemental application. The appraiser shall be a tested, certified, and designated member of a nationally recognized appraisal association; shall be selected by the developer and/or association; and shall be paid by the developer and/or association to make the appraisal;

(f) A description of how the financial aspects of transfers of mobile homes and mobile home lots have been handled of the preceding two (2) years.

Copies of the supplemental application shall be made available upon demand at the on-site office in the proposed project, during regular business hours, to mobile home owners and mobile home tenants.

(§ 1, Ord. 835-90 C-M, eff. June 21, 1990)

14-42.501 Supplemental findings for conditional use permit.

In addition to the findings required pursuant to Section 14-10.607 of this title, a conditional use permit may be issued for a mobile home park conversion of use only if the Planning Commission or City Council finds that the applicant has provided a satisfactory program of relocation, rental assistance, purchase assistance or other assistant pursuant to Section 1442.502 to mitigate the conversion on displaced mobile home owners and mobile home tenants.

(§ 1, Ord. 835-90 C-M, eff. June 21, 1990)

14-42.502 Relocation and purchase assistance.

Without limiting the generality of the provisions of Section 14-10.602 of this title relating to conditions which may be imposed upon an application for a conditional use permit under Chapter 14-10 of this title, the Planning Commission or the City Council shall make any conditional use permit which may be granted under this chapter for mobile home park conversion of use subject to a condition requiring a plan of relocation and purchase assistance for mobile home owners and mobile home tenants within the proposed project. Such a plan may include the following:

(a) Information to be provided to each mobile home owner within the proposed project:

(1) A list of known available mobile home lots in Santa Cruz, Santa Clara, Monterey and San Benito Counties, including any written commitments from mobile home park owners willing to accept displaced mobile home owners,

(2) Estimates from two (2) moving companies as to the per mile costs of moving mobile homes of various sizes including, but not limited to, tear down and set up of coaches;

(b) Measures to mitigate the adverse impacts of conversion upon mobile home owners and mobile home tenants. Such mitigation measures shall benefit mobile home owners and mobile home tenants of the mobile home park from the date the application for the conditional use permit for the proposed conversion project is filed with the City, or from the date on which notices to vacate are mailed to mobile home owners and mobile home tenants, whichever is earlier. Mitigation measures may include but are not limited to:

(1) Moving expenses for furniture and personal belongings to a new residence in Santa Cruz, Santa Clara, Monterey or San Benito County,

(3) Payment of insurance covering insurable risk inherent in relocation,

(4) For those who move to a multiple or a two-family dwelling, provision of a rent subsidy for up to twenty-four (24) months. Rent shall not exceed the fair market rent for new construction and substantial rehabilitation for the Santa Cruz County area as established by the U.S. Department of Housing and Urban Development. “Rent subsidy” is the difference between the rent of the multiple or two-family dwelling and the rent of the mobile home space or mobile home on the date of the notice to convert,

(5) Payment of the difference of rent between the old and new mobile home park spaces for up to twenty-four (24) months,

(7) Extended leases or rental agreements (commencing at the conclusion of the right of continued tenancy period under subsection (c) of Section 14-42.305), for mobile home owners and mobile home tenants who are handicapped, and/or aged sixty-two (62) or over, and/or of low income, and/or for mobile home owners and mobile home tenants with minor children. No mobile home owner or mobile home tenant covered by any such extended lease or rental agreement shall be unjustly evicted. “Extended lease or rental agreement” is a lease or rental agreement whose expiration date is extended at least ninety (90) days.

(§ 1, Ord. 835-90 C-M, eff. June 21, 1990)