Long Beach Municipal Code Art. 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:

1. 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 pre-conversion 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 pre-conversion 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)