Morgan Hill Municipal Code Art. IV Mobile Home Park Conversions of Use

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)