§ 20.34

As used in this Chapter 20.34, change of use shall mean a change from use as a mobilehome park to any other residential or nonresidential use. Consistent with guidance from Government Code Section 65915(c) (3) (A), the new development shall replace existing on-site mobilehome units affordable to lower-income households with new housing options at a one-to-one ratio.

(ORD-23-0051 § 1(Exh. A), 2023)

At the time of filing a tentative tract or parcel map for a subdivision to be created from the conversion of a mobilehome park to another use, the subdivider shall also file a report on the impact of the conversion upon the displaced residents of the mobilehome park to be converted. In determining the impact of the conversion on displaced mobilehome park residents, the report shall address the availability of adequate replacement space in mobilehome parks. The following information shall be included in the required Conversion Impact Report:

A.

Legal description of the property and description of the proposed use to replace the mobilehome park.

B.

Schedule for the mobilehome park conversion.

C.

Total number of spaces in the mobilehome park and current rental rate for each space, and if the park owns the mobilehome unit on the site, the combined rental rate for the units and the space.

D.

Names and addresses of all residents and whether or not the mobilehome park is their primary place of residence.

E.

Manufacturer date, size, length of occupancy, and the appraised fair market value of each mobilehome located in the park not owned by the mobilehome park. The appraisal shall be performed by a professional appraiser.

F.

Estimates from a moving company for tear down and set up costs for displaced tenants to move their mobilehome to a new park.

G.

Itemized list of available mobilehome spaces within a 20-mile radius for displaced residents to relocate to.

H.

Completed pre-conversion questionnaire.

(ORD-23-0051 § 1(Exh. A), 2023)

The subdivider shall be responsible for delivering a copy of the impact report to each resident of a mobilehome within the project at least thirty (30) days prior scheduling the tentative map before the Planning Commission for a public hearing date. The subdivider shall provide evidence to the City that impact reports were delivered and received by each residents for the public record.

(ORD-23-0051 § 1(Exh. A), 2023)

20.34.040 - Impact mitigation requirements.

A.

In reviewing the proposed subdivision, the Planning Commission shall be required to:

1.

Take steps to mitigate any significant impact by rezoning another site or sites for additional replacement of mobilehome park housing;

2.

Find that there already exists land zoned for replacement housing or adequate space in other mobilehome parks for those residents who will be placed; or

3.

Require the subdivider to take steps to mitigate any significant adverse impact of the conversion on the ability of displaced mobilehome park residents to find adequate space in a mobilehome park; and

4.

Require the subdivider to provide for the full cost of moving the mobilehome to a new location of the mobilehome owner's choice or purchase the mobilehome from the mobilehome owner at fair market value. Fair market value shall be determined by an appraisal by a licensed appraiser or realtor acceptable to both the subdivider and mobilehome owner. The provision of moving expenses or purchase shall be the choice of the mobilehome owner, provided that relocation expenses shall not exceed the fair market value of the mobilehome. The provisions contained in this subsection shall not apply to a mobilehome owned by the landowner.

(ORD-23-0051 § 1(Exh. A), 2023)

A.

After approval of a tentative map, the mobilehome park owner shall give each resident a minimum of twelve (12) months' notice of the termination of tenancy.

B.

Such notice shall disclose and describe in detail the nature of the change of use and relocation assistance and benefits that will be available to that tenant.

C.

Such notice shall be delivered by a certified mail and receipts of this notification by each resident shall be furnished to the Community Development Department.

(ORD-23-0051 § 1(Exh. A), 2023)

Any person who locates a mobilehome or rents/leases a mobilehome in a mobilehome park for which a request for a change of use has been filed, shall receive written notice of the proposed change of use before any contract or lease agreement is executed.

(ORD-23-0051 § 1(Exh. A), 2023)

ARTICLE 2. - CONVERSION OF A MOBILEHOME PARK TO A CONDOMINIUM, COMMUNITY APARTMENT OR STOCK COOPERATIVE

Where an existing mobilehome park is being converted into a mobilehome condominium, community apartment or stock cooperative, the provision for condominium conversions set forth in Chapter 20.32 shall apply, except:

A.

The minimum termination of tenancy shall be twelve (12) months; and

B.

Neither the maximum amount of moving expenses provided by Section 20.32.070 nor special displacement benefits shall apply, and the full cost of relocation shall be provided by the mobile home park owner.

(ORD-23-0051 § 1(Exh. A), 2023)

ARTICLE 3. - SUBDIVISION OF AN EXISTING MOBILEHOME PARK TO CREATE INDIVIDUAL OWNERSHIP LOTS

Upon the subdivision of the existing mobilehome park, any park resident who had established residency in the mobilehome park as of the date of the issuance of a subdivision public report from the Department of Real Estate shall have a right of first refusal to purchase the lot upon which the tenants mobilehome is located for a period of twelve (12) months from the date of issuance of the subdivision public report. The price to be paid by such existing resident for the lot under the tenants mobilehome shall be the initial offering price for that lot during the twelve (12) month right of first refusal period.

(ORD-23-0051 § 1(Exh. A), 2023)

Lifetime leases for the occupied lots shall be offered to mobilehome owners who elect neither to purchase their site nor to relocate. The right to enter into a lifetime lease shall expire no earlier than the period of twelve (12) months from the date of issuance of the subdivision public report issued by the Department of Real Estate. All lifetime leases shall include the following conditions:

A.

Mobilehome owners shall have the option of canceling the lease at any time upon thirty (30) days' written notice to the mobilehome park owners.

B.

Mobilehome owners cannot be evicted except pursuant to Article 6 of the State Mobilehome Residency Law, Civil Code Section 798.55 et seq.

C.

Terms and conditions of the lifetime lot lease shall be the same as those contained in the current lease or rental agreement for the mobilehome space.

D.

To avoid economic displacement of all non-purchasing residents, any rent increases shall comply with Section 66427.5(f) of the California Government Code.

(ORD-23-0051 § 1(Exh. A), 2023)

The subdivider of the mobilehome park shall comply with all applicable State and local laws in effect at the time of the subdivision and shall have given all required notices to the existing and incoming park residents during the subdivision process, including:

A.

The subdivider shall offer each existing tenant an option to either purchase the condominium or subdivided unit, which is to be created by the conversion of the park to resident ownership, or to continue residency as a tenant.

B.

The subdivider shall file a report on the impact of the conversion upon residents of the mobile home park to be converted to resident owned subdivided interest.

C.

The subdivider shall make a copy of the report available to each resident of the mobilehome park at least thirty (30) days prior to the hearing on the map by the hearing body.

D.

Survey of residents is required:

1.

The subdivider shall obtain a survey of support of residents of the mobilehome park for the proposed conversion.

2.

The survey of support shall be conducted in accordance with an agreement between the subdivider and a resident homeowners' association, if any, that is independent of the subdivider or mobilehome park owner.

3.

The survey shall be obtained pursuant to a written ballot.

4.

The survey shall be conducted so that each occupied mobilehome space has one vote.

5.

The results of the survey shall be submitted to the Community Development Department upon the filing of the tentative tract or parcel map, to be considered in the hearing as to whether to approve, conditionally approve, or disapprove the map, and the hearing body may disapprove the map if it finds that the results of the survey have not demonstrated the support of at least a majority of the park's homeowners.

E.

The subdivider shall be subject to a hearing. The scope of the hearing shall be limited to the issue of compliance with this section. The hearing body may approve, conditionally approve, or disapprove the map.

F.

The subdivider shall be required to avoid the economic displacement of all non-purchasing residents in accordance with the following:

As to non-purchasing residents who are not lower income households, as defined in Section 50079.5 of the Health and Safety Code, the monthly rent, including any applicable fees or charges for use of any preconversion amenities, may increase from the pre-conversion rent to market levels, as defined in an appraisal conducted in accordance with nationally recognized professional appraisal standards, in equal annual increases over a four-year period.

2.

As to non-purchasing residents who are lower income households, as defined in Section 50079.5 of the Health and Safety Code, the monthly rent, including any applicable fees or charges for use of any preconversion amenities, may increase from the pre-conversion rent by an amount equal to the average monthly increase in rent in the four years immediately preceding the conversion, except that in no event shall the monthly rent be increased by an amount greater than the average monthly percentage increase in the Consumer Price Index for the most recently reported period.

(ORD-23-0051 § 1(Exh. A), 2023)

Prior to approval of the final map, the applicant and/or successors shall provide the City, and all purchasers, with a copy of an infrastructure facilities survey to be conducted by a qualified firm approved by the Community Development Department. The survey shall indicate the life expectancy of the infrastructure (including, but not limited to, sewer, water, gas, electric, streets and common areas) and a replacement strategy for aging infrastructure including a financing strategy. Condition assessment shall include video inspection of sewer pipelines and repair history of all underground facilities, and shall indicate existing deficiencies. If the survey identifies deficiencies, the applicant and/or successors shall repair the deficiencies to comply with applicable health and safety requirements. Nothing in this ordinance shall obligate the Long Beach Water Department to take over the ownership or maintenance of existing private water or sewer systems.

(ORD-23-0051 § 1(Exh. A), 2023)

CHAPTER 20.36 - DEFINITIONS[[7]]

Footnotes:

--- ( 7 ) ---

State Law reference— Statutory authority definitions contained in the Subdivision Map Act, Gov. Code § 66414.

20.36.010 - Generally.

A.

Whenever any words or phrases used in these regulations are not defined in this Section but are defined elsewhere in the Subdivision Map Act or other regulation of the City, such definitions shall apply as though set forth herein in full, unless the context clearly indicates a contrary intention.

B.

For purposes of these regulations, the following words and phrases shall be construed as defined in this Section.

(ORD-23-0051 § 1(Exh. A), 2023)