§ 17.38

A.

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 non-mobile 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 of Morgan

Hill. Such projects may conflict with the policies of the city of Morgan Hill 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 council of the city of Morgan Hill to treat mobile home park conversion projects differently from other projects, and to establish rules and standards regulating such projects in the city of Morgan Hill.

B.

This chapter is enacted to ensure that approval of proposed conversions is consistent with policies and objectives of the city of Morgan Hill, particularly the following:

1.

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

2.

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

3.

To provide a reasonable balance between mobile homes and other types of housing;

4.

To inform prospective conversion purchasers about the physical conditions of the structures and land offered for purchase;

5.

To reduce and avoid the displacement of long-term residents, particularly senior citizens, the disabled, 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.

(Ord. 1631 § 1 (part), 2003)

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 context that a different meaning is intended.

(Ord. 1631 § 1 (part), 2003)

"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.

(Ord. 1631 § 1 (part), 2003)

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

(Ord. 1631 § 1 (part), 2003)

17.38.050 - Common interest development.

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

(Ord. 1631 § 1 (part), 2003)

17.38.060 - 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 a mobile home lot located therein.

(Ord. 1631 § 1 (part), 2003)

17.38.070 - Condominium.

"Condominium" means an estate in real property as defined in Civil Code Section 1351(f).

(Ord. 1631 § 1 (part), 2003)

17.38.080 - Condominium mobile home park.

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

(Ord. 1631 § 1 (part), 2003)

17.38.090 - 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.

(Ord. 1631 § 1 (part), 2003)

17.38.100 - Developer.

"Developer" means the owner or subdivider with a controlling proprietary interest in the proposed mobile home park conversion project. If no one owner or subdivider has a controlling propriety interest, this term shall mean each and every owner or subdivider.

(Ord. 1631 § 1 (part), 2003)

17.38.110 - Designated resident organization.

"Designated resident organization" means any association of mobile home owners within a mobile home park which has, not later than sixty days after issuance of a notice of intent to convert under Section 17.38.340, provided the owner or manager of the mobile home park written notice of the following:

1.

The name and address of the organization;

2.

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

3.

A statement that the organization is interested in purchasing the mobile home park.

The organization must demonstrate that, as of the date of giving notice to the owner or manager, it represents at least sixty-seven percent of all such owners for purposes of this chapter.

(Ord. 1631 § 1 (part), 2003)

"Disabled mobile home owner" means a mobile home owner who is the primary wage earner of a

household, or a single person, with any medically determinable 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.

(Ord. 1631 § 1 (part), 2003)

"Low income" means eighty percent or less of the current median income as established annually by the U.S. Department of Housing and Urban Development (HUD) for the Morgan Hill standard metropolitan statistical area (SMSA) as adjusted for household size.

(Ord. 1631 § 1 (part), 2003)

"Mobile home" means a structure transportable in one or more sections, designed and equipped to contain not more than one or two dwelling unit(s), to be used with or without a foundation system.

(Ord. 1631 § 1 (part), 2003)

17.38.150 - Mobile home lot.

"Mobile home lot" means a portion of a mobile home park designated or used for the occupancy of one mobile home, including but not limited to storage, parking and landscaped areas intended for the private use and/or care of the mobile home resident.

(Ord. 1631 § 1 (part), 2003)

"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.

(Ord. 1631 § 1 (part), 2003)

17.38.170 - Mobile home park.

"Mobile home park" means an area of land where two or more mobile home lots are rented or leased, or held out for rent or lease, to accommodate mobile homes used for human habitation.

(Ord. 1631 § 1 (part), 2003)

17.38.180 - Mobile home park conversion to ownership.

"Mobile home park conversion to ownership" means the conversion of an existing mobile home park containing four or more mobile home lots to a condominium mobile home park or to a community mobile home park.

(Ord. 1631 § 1 (part), 2003)

17.38.190 - Mobile home park conversion of use.

"Mobile home park conversion of use" means the conversion of an existing mobile home park containing four 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.

(Ord. 1631 § 1 (part), 2003)

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

(Ord. 1631 § 1 (part), 2003)

17.38.210 - Mobile home tenant.

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

(Ord. 1631 § 1 (part), 2003)

"Organizational documents" means and includes 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.

(Ord. 1631 § 1 (part), 2003)

"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 building, and landscaped areas may be included as open space.

(Ord. 1631 § 1 (part), 2003)

17.38.240 - 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 then the price offered to the general public for such interest.

(Ord. 1631 § 1 (part), 2003)

17.38.250 - 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 successor.

(Ord. 1631 § 1 (part), 2003)

Article II. - General Requirements

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.

(Ord. 1631 § 1 (part), 2003)

Conversion projects shall not be permitted in the city unless the use is permitted in such zoning district and then only with a planned unit development approval pursuant to Title 18 of the code. PUD approval must be obtained prior to any filing of an application for a condominium conversion.

(Ord. 1631 § 1 (part), 2003)

17.38.320 - Special noticing and report requirements.

A.

In addition to any other requirements, notice of time, place, and purpose of any public hearing on an application for a planned unit development 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. 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.

The director of community development shall mail, with postage prepaid, a copy of the staff report on an application for a planned unit development for a conversion project to each mobile home owner and mobile home tenant at least fifteen days before the date set for hearing thereon.

C.

Notwithstanding the preceding provisions of this section, the failure of the director of community development 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 any proceedings taken under this chapter, nor of any such proceedings, nor prevent the director, planning commission or city council from proceeding with any hearing at the time and place set therefor.

(Ord. 1631 § 1 (part), 2003)

17.38.330 - Notice of intention to convert.

A.

At least one hundred twenty days prior to the date of filing an application for a planned unit development 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 his/her intention to convert, and thereafter, the developer shall notify each person applying for rental of a mobile home lot in the proposed project, prior to payment of any rent or deposit, of his intention to convert.

B.

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 planned unit development with the city of Morgan Hill, 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 as set forth in Sections 17.38.350, and 17.38.360, and 17.38.370 and the rights of designated resident organizations, and shall attach a copy of this Chapter 17.38.

C.

Developer shall also submit evidence of notification to the California Department of Housing and Community Development of intention to convert.

(Ord. 1631 § 1 (part), 2003)

In addition to any noticing requirements imposed by the Department of Real Estate and/or the Department of Housing and Community Development, within five days of receipt of the final public report on the proposed project from the California Department of Real Estate (hereinafter "final public report"), and/or an HCD approval to terminate, 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.

(Ord. 1631 § 1 (part), 2003)

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 17.38.330, 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 days notice to the landlord;

B.

Notwithstanding the provisions of Chapter 5.36 of Title 5 of this code, no increase in rent until termination of a lease or rental agreement pursuant to subsection (A) of this section or until twelve months after the date of 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;

C.

No unjust eviction during tenancy;

D.

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.

(Ord. 1631 § 1 (part), 2003)

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.

(Ord. 1631 § 1 (part), 2003)

A designated resident organization shall have the right to negotiate for purchase of a mobile home park for which a conversion project is proposed, prior to the commencement of any other negotiations conducted by the developer, if written notice of the exercise of this right is provided to the developer within one hundred and twenty days of the date of issuance of the notice of intention to convert.

(Ord. 1631 § 1 (part), 2003)

If a written notice has been provided to the developer pursuant to Section 17.38.370 and within the time limit specified therein, the following procedure shall be followed:

A.

Action on any planned unit development for the conversion project shall be suspended for one hundred eighty 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 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 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 forty-five days of such request.

(Ord. 1631 § 1 (part), 2003)

Article III. - Mobile Home Park Conversions to Ownership

A.

In addition to submittal requirements specified for planned unit development applications, a supplemental application must be submitted for every mobile home park conversion to ownership, which shall include the following:

1.

Satisfactory evidence that, at least one hundred and twenty 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 17.38.340 of this chapter, written notice of intention to convert; and that thereafter, each person applying for rental of a mobile home 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 of the mobile home park shall be submitted.

2.

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 17.38.330 of this chapter, written notification of intention to convert.

3.

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

4.

The proposed organizational documents and true copies of any and all documents submitted to the California Department of Real Estate and/or the Department of Housing and Community Development for the proposed conversion project.

5.

The material indicated in subsection (4) shall be submitted subject to the following provisions:

a.

The developer shall file with the director of community development a true copy of any amended, revised or additional documents submitted to the Department of Real Estate at least sixty days prior to the public hearing before the planning commission on a planned unit development for a conversion project.

b.

The developer shall file with the city a true copy of the final public report within ten days of issuance by the Department of Real Estate and at least ten days prior to any hearing.

6.

A property report describing the condition and estimating the remaining useful life of each of the following elements of each applicable structure and system situated 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 years, a replacement cost estimate shall be provided. Such report shall be prepared by an appropriately licensed contractor or registered civil or structural engineer.

7.

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 years, all residents fifty-five years and over, all residents with minor children, and all disabled 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 years; and the monthly space vacancy over the preceding two years of each mobile home lot proposed to be converted.

8.

A timetable for conversion to a condominium mobile home park or community mobile home park.

9.

Such other documents or information as the director may require to further the purposes of this chapter. True copies of any and all documents submitted to the California Department of Real Estate and/or the Department of Housing and Community Development for the proposed conversion project.

10.

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

11.

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 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. The appraiser shall attach to any appraisal a signed statement confirming that he or she has no direct or indirect economic interest in the park other than the receipt of the appraisal fee, the amount of which shall be stated in the disclosure statement.

12.

Proof that each resident and/or owner received a copy of the appraisal.

B.

Copies of the supplemental application shall be made available by the applicant upon demand at the onsite office in the proposed project, during regular business hours, to mobile home owners and mobile home tenants. For projects that do not have on-site offices, all mobile home owner and tenants shall receive written notice, with a contemporaneous copy to the city, that copies of the supplemental application materials are available at the city offices.

(Ord. 1631 § 1 (part), 2003)

17.38.410 - Supplemental findings for planned development permit.

A planned development permit may be issued for a mobile home park conversion to ownership only if the planning commission finds that the applicant has provided a program of relocation, rental assistance, purchase assistance or other assistance pursuant to Section 17.38.430 of this chapter 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 17.38.370.

(Ord. 1631 § 1 (part), 2003)

The city council shall make any planned unit development which may be granted 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 and spaces and their mobile homes, if applicable, in Santa Clara, San Benito, Monterey, and Santa Cruz counties, including any written commitments from mobile home park owners willing to accept displaced mobile home owners, and whether and under what criteria such owners will accept used mobile homes moving into their park;

2.

Estimates from two 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 planned unit development 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 Clara, San Benito, Monterey, or Santa Cruz County.

2.

Provision for payment of any or all portions of the cost of physically moving a mobile home to a new site in Santa Clara, San Benito, Monterey, or Santa Cruz County, including, but not limited to, tear down and set up.

3.

For those who move to a multiple or two-family dwelling, provision of a rent subsidy for up to twenty-four months. Rent shall not exceed the fair market rent for new construction and substantial rehabilitation for the Santa Clara County area as established by the U.S. Department of Housing and Urban Development. "Rent subsidy" is the difference between the rent of a comparable 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.

4.

Payment of the difference of rent between the old and new mobile home park spaces for up to twenty-four months.

5.

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. "In-place value" includes a presumption of continued and uninterrupted use of the space and coach in the current park setting, and 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 days prior to its submittal, and the value shall be established as of the date of approval by the planning commission of the plan.

6.

Extended leases and rental agreements (commencing at the conclusion of the right of continued tenancy period under Section 17.38.360(C)) for mobile home owners and mobile home tenants who are disabled, or aged fifty-five 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 days.

7.

A provision for setting aside a certain number of rental spaces for mobile home owners and mobile home tenants who are disabled, and/or aged fifty-five or over, and/or low income, and/or for mobile home owners and mobile home tenants with minor children. The set-aside figure shall be based on an analysis of the inventory of tenants and tenant groups, and shall be subject to review and approval by the city.

(Ord. 1631 § 1 (part), 2003)

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

A.

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. However, a variance may be granted to maintain

pre-existing or current parking ratios within the park.

B.

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.

Each mobile home lot shall have its own panel board for all electrical circuits which serve the mobile home.

D.

All standards contained in Section 18.30.050 (Planned Development Combining District) of this code shall be adhered to.

(Ord. 1631 § 1 (part), 2003)

(Ord. No. 2327 N.S., § 10, 12-15-2021)

17.38.440 - Findings for noncompliance with development standards.

An application for a planned unit development for a mobile home conversion project under this article which does not comply with all of the applicable development standards stated in Section 17.38.430 may,

but shall not under any circumstances be, required to be approved, and a planned unit development may be issued therefore if the planning commission finds that:

A.

Strict application of the development standards set forth in said Section 17.38.430 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 planned unit development for the conversion project which is not in conformance with such development standards, subject to such conditions as may be imposed thereon:

1.

Will provide for substantial compliance with such development standards, and

2.

Will incorporate mitigating features which further the purposes of this chapter.

(Ord. 1631 § 1 (part), 2003)

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 planned unit development for the project, a code compliance bond shall be submitted as required in Section 17.38.460.

(Ord. 1631 § 1 (part), 2003)

If a proposed mobile home conversion project does not comply with provisions of Section 17.38.450 and/or the building official identifies items to be corrected pursuant to said section, any planned unit development created 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.

(Ord. 1631 § 1 (part), 2003)

A planned unit development created under this chapter for a mobile home conversion project may be created prior to the time compliance has been made with the said codes and said regulations as herein above provided in Section 17.38.450, but such PUD shall not become effective unless and until compliance has been made as required.

(Ord. 1631 § 1 (part), 2003)

Without limiting the generality of the provisions relating to conditions which may be imposed upon a development permit, the planning commission may make any planned unit development 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.

(Ord. 1631 § 1 (part), 2003)

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 planned unit development 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.

(Ord. 1631 § 1 (part), 2003)

Without limiting the generality of the provisions relating to conditions which may be imposed upon a planned unit development, the planning commission may make any planned unit development plan which

may be granted under this part subject to conditions requiring the following:

1.

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 Section 17.38.400. Information available pursuant to subsection (A)(6) of said section regarding the estimated replacement cost of those elements whose useful life is less than five years may be used in determining the amount of such contribution.

2.

A one-year warranty provided free of charge by the developer to the association for those systems described in the property report, as herein above 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.

(Ord. 1631 § 1 (part), 2003)

Article IV. - Mobile Home Park Conversions of Use

17.38.600 - Supplemental application.

A.

A supplemental application must be submitted for a mobile home park conversion of use which shall include the following:

1.

Satisfactory evidence that, at least one hundred and twenty 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 17.38.330 of this chapter, 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.

2.

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 17.38.330 of this chapter, written notification of intention to convert.

3.

A statement detailing the current ownership of all improvements and underlying land; the name and address of each present mobile home park resident and/or owner within the project and identification of all residents under sixteen years, all residents fifty-five years and over, all residents with minor children, and all

disabled residents; square footage of each mobile home lot; the current or last rental rate for each mobile home lot and rental rate for the preceding two years; and the monthly space vacancy over the preceding two years of each mobile home lot proposed to be converted.

4.

A timetable for conversion of the mobile home park use.

5.

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 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. The appraiser shall attach to any appraisal a signed statement confirming that he or she has no direct or indirect economic interest in the park other than the receipt of the appraisal fee, the amount of which shall be stated in the disclosure statement.

6.

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

7.

True copies of any and all documents submitted to the California Department of Real Estate and/or the Department of Housing and Community Development for the proposed conversion project.

8.

Proof that each resident and/or owner received a copy of the appraisal.

B.

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. For projects that do not have on-site offices, all mobile home owner and tenants shall receive written notice, with a contemporaneous copy to the city, that copies of the supplemental application materials are available at the city offices.

(Ord. 1631 § 1 (part), 2003)

A planned unit development may be issued for a mobile home park conversion of use only if the director or planning commission finds that the applicant has provided a satisfactory program of relocation, rental assistance, purchase assistance or other assistance pursuant to Section 17.38.620 of this chapter to mitigate the conversion on displaced mobile home owners and mobile home tenants.

(Ord. 1631 § 1 (part), 2003)

The director, planning commission or the city council shall make planned unit development 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:

1.

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

a.

A list of known available mobile home lots in Santa Clara, San Benito, Monterey, and Santa Cruz counties, including any written commitments from mobile home park owners willing to accept displaced mobile home owners, and whether and under what criteria such owners will accept used mobile homes moving into their parks.

b.

Estimates from two 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.

2.

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 planned unit development 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:

a.

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

b.

Provision for payment of any or all portions of the cost of physically moving a mobile home to a new site in Santa Clara, San Benito, Monterey, or Santa Cruz County, including, but not limited to, tear down and set up.

c.

For those who move to a multiple or a two-family dwelling, provision of a rent subsidy for up to twenty-four months. Rent shall not exceed the fair market rent for new construction and substantial rehabilitation for the Santa Clara 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.

d.

Payment of the difference of rent between the old and new mobile home park spaces for up to twenty-four months.

e.

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. "In-place value" includes a presumption of continued and uninterrupted use of the space and coach in the current park setting, and 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 ninety days prior to its submittal, and the value shall be established as of the date of approval by the planning commission of the plan. 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 days prior to its submittal.

f.

Extended leases or rental agreements (commencing at the conclusion of the right of continued tenancy period under subsection B of Section 17.38.350) for mobile home owners and mobile home tenants who are disabled, and/or aged fifty-five 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 days.

(Ord. 1631 § 1 (part), 2003)

Chapter 17.40 - PARCEL MERGERS

Sections: