Milpitas Zoning Code § 2.09 XI-20-2.05 - Comparable Housing

(a)

A recreational vehicle, as defined in Section 799.24 of the Civil Code and Section 18010 of the Health and Safety Code;

(b)

A commercial coach; or

(c)

Factory-built housing, as defined in Section 19971 of the Health and Safety Code.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

XI-20-2.10 - Mobile Home Owner

"Mobile home owner" shall mean the registered owner or registered owners of a mobile home, regardless of the number of such owners or the form of such ownership. Any relocation assistance payable to an owner of a mobile home shall be deemed paid to all owners of that mobile home when paid to any one of them.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

XI-20-2.11 - Mobile Home Park

"Mobile home park" shall mean any area or tract of land where mobile home lots are rented or leased to accommodate mobile homes used for human habitation.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

XI-20-2.12 - Mobile Home Site

"Mobile home site" shall mean an area within a mobile home park shown as being occupied by or designated for occupancy by an individual mobile home.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

XI-20-2.13 - Mobile Home Tenant

"Mobile home tenant" shall mean a person who occupies a mobile home within a mobile home park pursuant to a bona fide lease or rental agreement and who, during his or her tenancy, was not the owner or member of the immediate household of the mobile home.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

Section 3 - Procedure for a Mobile Home Park Conversion Permit

XI-20-3.01 - Pre-Application for a Mobile Home Park Conversion Permit

Prior to conversion of a mobile home park, the applicant shall file a preapplication request to provide an opportunity for the applicant to understand the requirements, procedures and steps that must be taken before a Mobile Home Park Conversion Permit may be approved. City staff shall conduct a preapplication

work session with the applicant to discuss the City's requirements and the project's ultimate impact on the residential housing stock of the City prior to the preparation of plans and/or tentative tract maps in order to avoid the possible expenditure of substantial energy and expense in a manner not consistent with the guidelines for such projects, and also to allow the applicant to make changes, at an early stage, prior to the preparation and filing of entitlement applications.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

XI-20-3.02 - Application for a Mobile Home Park Conversion Permit

3.02-1 Any applicant desiring to convert a mobile home park to another use, close a mobile home park, or cease to use land as a mobile home park shall apply for a conversion permit by submitting a completed application to the City. The application shall be accompanied by the following:

(a)

An application fee in the amount specified by resolution of the City Council;

(b)

A list of the names and addresses of all owners, and mobile home tenants within the park as of the day of submitting the application;

(c)

The proposed timetable for conversion, closure, or cessation of use of the land as a mobile home park and obtaining other discretionary approvals;

(d)

A list of the other discretionary approvals required for the change of use, including but not limited to a General Plan Amendment, rezoning, or tentative or parcel map;

(e)

A conversion impact study report prepared in accordance with Section XI-20-5; and

(f)

Any other information which may be required by the City to ensure compliance with City policies and procedure, this division, the provisions of this Code, and requirements of state law.

3.02-2 Within thirty (30) days after receipt of an application for a conversion permit, the City shall determine if the application is complete. If the application is not complete, the City Manager's Designee shall notify the applicant, in writing, of the deficiency or deficiencies. The applicant shall correct any deficiencies within sixty (60) days of mailing of the notice, unless extended by agreement; otherwise the application shall be deemed to have been abandoned.

3.02-3 Within ten (10) days after the City has deemed an application to be complete, the applicant shall notify the mobile home owners and tenants of the subject park of the application filed with the City and

what the applicant is requesting.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

XI-20-3.03 - Applicant Financially Responsible

An applicant shall be entirely financially responsible for including, but not limited to, the housing specialists and the conversion impact report. Such financial responsibility shall not include the cost of an appraisal by the mobile home owner of their individual mobile home.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

XI-20-3.04 - Approval

No application for a Mobile Home Park Conversion Permit shall be approved unless and until the City Council shall have determined that the conversion impact report complies with the requirements of this Chapter. The approval of an exemption from relocation assistance obligations shall have the effect of elimination of the requirement of such portion of the conversion impact report. If such conversion impact report is determined not to comply with the requirements of this Chapter, the aforementioned permit shall not be considered further unless and until the report is revised, a public hearing upon appropriate notice is conducted thereon, and the report is determined to be in compliance with the requirements of this Chapter.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

Section 4 - Maintenance of Housing Specialist List

XI-20-4.01 - Duty of the City Manager's Designee to Maintain List of Housing Specialists—Required Qualifications

The City Manager's Designee shall compile and maintain a list of persons, firms and organizations with proven expertise in the fields of housing and relocation of persons displaced from housing. Those listed shall be qualified in assisting residents in locating replacement housing, rendering financial advice on qualifying for various housing types, explanation of the range of housing alternatives available, the ability to gather and present to persons needing housing relocation assistance, adequate information as to available housing, and the ability to transport persons unable to drive to housing alternatives.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

Section 5 - Conversion Impact Report

XI-20-5.01 - Conversion Impact Study and Report

The City shall select a consultant to prepare a conversion impact study and the conversion impact report within thirty (30) days of the receipt of a written request from the applicant following the pre-application meeting between the applicant and the City.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

XI-20-5.02 - Required Information

Each conversion impact report shall be tailored to address the specific problems and needs for each application and mobile home park and shall contain the following information:

5.02-1 The number of residents in the mobile home park, including their names and addresses, length of occupancy, and current lease or rental rates and terms. Information on household income, ages and physical disabilities, if any, of the residents shall also be included whenever possible. The list shall indicate whether each person included owns the mobile home or is a tenant, and shall clearly indicate the persons who are not residing in the park. Because the use of such a list has a significant effect on the privacy of the persons who may be identified therein, the City Manager's Designee shall maintain each such list as a confidential public record which shall not be disclosed to the public except pursuant to the judgment, order or decree of a court of competent jurisdiction issued pursuant to the California Public Records Act, Sections 6250 et seq., of the Government Code.

5.02-2 The age, including date of manufacture, condition, and the size of each affected mobile home within such park, including the type of mobile home, width characteristics, size, and number identifying the mobile home site being occupied.

5.02-3 A list of all mobile home parks within a two hundred (200) mile radius of such park. The list shall identify if the parks are comparable mobile home parks, contain a schedule of site rental rates for each park, and list the criteria of the management of each park for acceptance of new tenants. The number of vacant spaces available in each park should be included, as well as the type of mobile home which can be accommodated (single or double wide).

5.02-4 The average vacancy rate, mobile home lot lease rates, tenant rental rates, number of evictions, and the reason(s) for each eviction in the subject mobile home park for each of the three (3) years prior to the filing of the application for a conversion permit.

5.02-5 A designation of the names, addresses and telephone numbers of one or more housing specialists from the list compiled by the City Manager's Designee pursuant to Section 4, and the names, addresses and telephone numbers and fee schedules of persons qualified as mobile home movers and of persons who are qualified appraisers of mobile homes. There shall be included an explanation of the services which the housing specialists will provide. The applicant may designate other housing specialists, mobile home movers, and appraisers; provided, however, that use of any such persons pursuant to this Chapter shall be subject to approval by the City Manager's Designee after an investigation into the qualifications of any such persons.

5.02-6 A relocation plan, which will include a timetable for implementation of the physical relocation of mobile homes, implementation of relocation assistance, and conversion of the park to one or more other uses. The plan shall also include the estimated reasonable cost of relocating the mobile homes identified as able to relocate to a comparable mobile home park within the study area. The costs of relocating shall include the costs of dismantling, packing, moving, reassembling, rebuilding, and unpacking, as necessary, the mobile home, all personal property, skirting, tiedowns, and other foundation and stabilizing materials, and all other associated structures and property. Provision shall be made for those mobile home owners who have a demonstrated urgent need to relocate prior to the date set forth in the impact report. Such provision shall be limited to payments of a reasonable approximation of the in-place value as determined by the Council.

5.02-7 A specification of relocation assistance, which shall comply with the requirements of Section 9.

5.02-8 A description of the proposed new use.