Morgan Hill Municipal Code Art. 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 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 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)

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)