Morgan Hill Municipal Code Art. I General

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)

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

(Ord. 1631 § 1 (part), 2003)

"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)

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

(Ord. 1631 § 1 (part), 2003)

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

(Ord. 1631 § 1 (part), 2003)

"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)

"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)

"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)

"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)

"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)

"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)

"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)

"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)

"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)

"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)