Article 34 — Mobile Home Park Conversions (City-wide)

Oceanside Zoning Code · 2026-06 edition · ingested 2026-07-06 · Oceanside

Sections:

3401 Specific Purpose 3402 Definitions 3403 Permit Required 3404 Relocation Plan 3405 Findings for Conversion 3406 Conditions of Approval 3407 Waiver

3401 Specific Purpose

The specific purpose of the Mobile Home Park Conversion procedure is to ensure that any conversion of these parks to other uses is preceded by adequate notice, and that relocation and other assistance is provided park residents, consistent with the provisions of the California Government Code, Section 65863.7.

3402 Definitions

For purposes of the article, the following definitions shall apply:

  • A. "Mobile home" is a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Vehicle Code Section 35790. Mobile home does not include a recreational vehicle, as defined in Civil Code Section 799.24, or a commercial coach, as defined in Health and Safety Code Section 18218.

  • B. "Mobile home park" is an area of land where two or more mobile home sites are located to accommodate mobile homes used for human habitation. This definition shall include rental mobile home parks where mobile home spaces are rented or held out for rent. A mobile home park shall also include a mobile home subdivision, condominium or stock cooperative in which specific ownership rights are acquired by the unit occupants within the mobile home park.

  • C. "Conversion" means a use of a mobile home park for a purpose other than the rental, or the holding out for rent, of two or more mobile home sites to accommodate mobile homes used for human habitation. Such a conversion may affect an entire mobile home park or any portion thereof. A conversion shall include, but is not limited to, a change of the rental mobile home park or any portion thereof to a mobile home subdivision, condominium, stock cooperative, or any form of ownership wherein spaces within the mobile home park are to be sold.

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3403 Permit Required

The conversion of an existing rental mobile home park to another use or to a mobile home subdivision, condominium or stock cooperative shall require a use permit reviewed by the Planning Commission and approved by the City Council pursuant to Article 41 or for properties within the Redevelopment area, jointly approved by the Community Development Commission (CDC) and the City Council. An application for such permit shall include the following:

  • A. A general description of the proposed use to which the mobile home park is to be converted.

  • B. The proposed timetable for implementation of the conversion.

  • C. Total mobile home spaces within the mobile home park.

    1. Number of mobile home spaces occupied.

    2. Length of time each space has been occupied by the present resident(s) thereof.

    3. Age, size, and type of mobile home occupying each space.

    4. Monthly rent currently charged for each space.

    5. Name and mailing address of the residents of each mobile home within the mobile home park.

  • D. A disposition/relocation plan for existing tenants of the mobile home park. Upon filing an application for conversion, the City Planner shall inform the applicant of the requirements of Civil Code Section 798.56 and Government Code 65863.8 regarding notification of the mobile home park residents concerning the conversion proposal.

3404 Relocation Plan

The relocation plan for tenants of a mobile home park shall be submitted to the City Council for approval as part of the application for conversion of a rental mobile home park to another use or to a mobile home subdivision, condominium or stock cooperative. The plan shall provide specifically for relocation assistance to full-time, low- and moderate-income residents of the park for a minimum period of 12 months following approval of a use permit for the conversion. Information on sites available in mobile home parks in the city and adjacent communities shall be provided to all tenants.

A relocation plan shall include, but not be limited to, consideration of the availability of medical and dental services and shopping facilities, the age of the mobile home park and the mobile homes, and the economic impact on the relocated tenants.

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  • A. Special Cases. The relocation plan shall specifically provide guarantees that all tenants 62 years old or older and all tenants who are medically proven to be permanently disabled shall not have to pay an increase in rent over the amount currently paid for a period of two years following relocation.

  • B. Moving Expenses. The relocation plan shall provide for moving expenses equal to the actual cost of moving up to but not exceeding the cost of moving to a location within a 250 mile radius of the park to any tenant who relocates from the park after City approval of the use permit authorizing conversion of the park. In the event a tenant has given notice of his intent to move prior to the park owner submitting an application for conversion to the City, eligibility to receive moving expenses shall be forfeited. Moving expenses and relocation assistance shall be provided in conformance with Federal, State and Local Ordinances.

  • C. No Increase in Rent. A tenant's rent shall not be increased within two months prior to filing an application for conversion of a mobile home park, nor shall the rent be increased for two years from the date of filing of the conversion application or until relocation takes place.

3405 Findings for Conversion

The City Council may approve a permit for a rental mobile home park conversion if it finds that the proposed conversion meets the following requirements in addition to the requirements of Section 4106:

  • A. That the proposed use of the property is consistent with the General Plan or any specific plan, and all applicable provisions of this ordinance are met.

  • B. That there exists land zoned for replacement housing or adequate space in other mobile home parks for the residents who will be displaced.

  • C. That the conversion will not result in the displacement of low-income mobile home residents who cannot afford rents charged in other mobile home parks within the City of Oceanside.

  • D. That the age, type, size, and style of mobile homes to be displaced as a result of the conversion will be able to be relocated into other mobile home parks within the City of Oceanside.

  • E. That if the rental mobile home park is to be converted to another residential use, the mobile home residents to be displaced shall be provided the right of first refusal to purchase, lease, rent or otherwise obtain residency in the replacement dwelling units, and the construction schedule for such replacement dwelling units shall not result in a displacement of unreasonable length for those mobile home residents electing to relocate in these replacement units.

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  • F. That any mobile home residents displaced as a result of the conversion shall be compensated by the applicant for all reasonable costs incurred as a result of their relocation.

  • G. That the relocation plan mitigates the impacts of the displacement of individuals or households for a reasonable transition period and mitigates the impacts of any long-term displacement.

3406 Conditions of Approval

Consistent with Section 4107, the City Council shall impose the following conditions of approval of a permit for a rental mobile home park conversion. In addition to any other conditions:

  • A. The applicant shall submit a relocation plan that shall make adequate provisions for the relocation of all mobile homes and mobile home residents to be displaced as a result of the conversion. Such plan shall include provisions to relocate such mobile homes and mobile home residents in comparable mobile home parks within the City of Oceanside. A replacement mobile home park shall be deemed comparable if it provides substantially equivalent park facilities and amenities, space rental and fees, and location, i.e., proximity to public transportation, medical and dental centers, shopping facilities, recreation facilities, religious and social facilities, etc.

  • B. The applicant shall bear all reasonable costs of relocating mobile homes and mobile home residents displaced by the conversion. Such costs shall include but not be limited to: the cost of moving the mobile home to its new location; the cost of necessary permits, installations, landscaping, site preparation at the mobile home's new location; the cost of moving personal property; and the cost of temporary housing, if any. Such costs may also include the cost of purchasing replacement mobile homes for those residents owning mobile homes that are not acceptable in other mobile home parks as a result of its size, age or style, or establishing a new mobile home park for the relocation of displaced mobile homes.

obile home's new location; the cost of moving personal property; and the cost of temporary housing, if any. Such costs may also include the cost of purchasing replacement mobile homes for those residents owning mobile homes that are not acceptable in other mobile home parks as a result of its size, age or style, or establishing a new mobile home park for the relocation of displaced mobile homes.

  • C. In addition, the City Council may establish the date on which the permit for conversion will become effective. Such date shall not be more than two years from the decision of the City Council, provided that conversion at an earlier date may be approved if the City Council receives a written petition requesting an earlier date signed by a majority of those persons residing in the subject mobile home park at the time of the City Council public hearing to consider the conversion application. The effective date of the approval in such a case shall be the date set forth in the petition. Conversion at the earlier date may be approved only if the applicant has complied with all the provisions of an approved relocation plan and submitted evidence of such compliance to the City Planner.

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3407 Waiver

The City Council may find that there is substantial evidence to support a finding by the Council that the imposition of conditions as provided for in Section 3406 would result in an extreme economic hardship for the applicant. An extreme economic hardship does not exist where the cost of implementing the relocation conditions would merely deny the applicant the maximum profits that could be realized from the conversion of the mobile home park.

If the City Council determines that the conditions would result in extreme economic hardship for the applicant, the City Council may waiver or modify any conditions that would otherwise be necessary to enable the Council to make the findings required by Section 3405. Such conditions may be waived or modified only to the extent minimally necessary to alleviate such extreme economic hardship.

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- Article 35 Nonconforming Uses and Structures (City wide)

Sections:

3501 Purpose 3502 Nonconformity Resulting from Reclassification, Change of Ordinance or Annexation 3503 Determination of Nonconformity 3504 Nonconforming Use of Land When No Structure Is Involved 3505 Abatement Period of Nonconformity 3506 Exception of Mobile Home Parks 3507 Abatement of Nonconforming Use of a Conforming Building 3508 Abatement of Nonconforming Buildings or Structures 3509 Termination of Nonconforming Status 3510 Reconstruction of Nonconforming Building Partially or Totally Destroyed 3511 Commission to Determine Conditions of Abatement 3512 Hearing, Notice 3513 Hearing, Evidence 3514 Hearing, Decision 3515 Decision, Notice to Owner 3516 Appeal 3517 Recordation

3501 Purpose

The purpose of this Article is to establish procedures for the continuance or abatement of existing uses and structures that do not conform to the provisions of the Zoning Ordinance, and which may be detrimental to the orderly development of the City and adverse to the general welfare of persons and property.

3502 Nonconformity Resulting from Reclassification, Change of Ordinance or Annexation

Uses, buildings, structures or lots that become nonconforming due to reclassification, ordinance changes, or annexations may be continued subject to the provisions of this Article.

3503 Determination of Nonconformity

In order to legally continue a use or structural aspect of a building, structure or improvement that is not consistent with the zoning standards of this Ordinance, the person claiming a legal nonconforming use or structural nonconformity has the burden of proof to establish that the use or structural feature qualifies in accordance with the provisions of this Article.

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The City Planner shall determine the nonconformity of any use, building, structure, or lot. Any use, building, structure, or lot found to be inconsistent with the provisions of the Zoning Ordinance shall be deemed to be nonconforming except that any building, structure or lot which, by reason of height, area or yard requirements is conforming prior to the effective date of this Zoning Ordinance or any amendment thereto, shall be deemed to be conforming, provided further that any additions, alterations or changes shall conform to all provisions of the Zoning Ordinance.

3504 Nonconforming Use of Land When No Structure Is Involved

In any district, the nonconforming use of land wherein no structure is involved shall be abated within one year from the date this ordinance becomes effective, and any future use of such land shall conform to the provisions of this ordinance. If the nonconforming use of land existing at the time this ordinance takes effect is thereafter discontinued for six months or more, any future use of such land shall conform to the provisions of this ordinance.

3505 Abatement Period of Nonconformity

Uses, buildings, or structures determined to be nonconforming shall be abated within the time limits specified by the Planning Commission, Harbor Board of Directors or Community Development Commission. Such abatement period shall not be less than three years no r longer than 25 years from the date of determination of nonconformity.

3506 Exception of Mobile Home Parks

Parking areas for recreation facilities in mobile home parks shall be brought into conformance with Article 31, Section 3107, within the time limits established by the Planning Commission, Harbor Board of Directors or Community Development Commission. Such abatement period shall not be less than one year.

3507 Abatement of Nonconforming Use of a Conforming Building

Nonconforming uses of a conforming building or structure shall be discontinued within the time limits specified by the Planning Commission, Harbor Board of Directors or Community Development Commission, but shall not exceed the following maximum time limits:

A. R districts: 5 years;

  • B. C districts: 10 years;

  • C. I districts: 10 years.

3508 Abatement of Nonconforming Buildings or Structures

The abatement period of nonconforming buildings or structures in any district shall be established by the Planning Commission, Harbor Board of Directors or Community Development Commission provided that the maximum time limit for abatement of any

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nonconforming structure shall not exceed 25 years.

3509 Termination of Nonconforming Status

A nonconforming use or structure shall conform to the regulations of the district in which such property is located when one or more of the following events occur:

  • A. Unless otherwise provided in the article, a nonconforming use which remains inactive for 180 consecutive days, shall be deemed to have ceased, and shall not thereafter be renewed (provision applicable citywide).

  • B. If a nonconforming use or structural nonconformity is enlarged, extended, expanded or in any other manner changed to increase its inconsistency with the regulations of this Ordinance, then, in addition to any other consequences imposed by this Ordinance, any entitlement to thereafter maintain the nonconformity is terminated (provision applicable to non-coastal zone properties).

  • C. A change, expansion, enlargement or intensification of any structural nonconformity or use or the addition of a new use on the property not specifically named or described in the resolution establishing an abatement period that is inconsistent with the habitat buffer, public view, public access and recreation or hazard sections of the LUP (provision applicable to coastal zone properties).

  • D. A nonconforming use or structure shall conform to the regulations of the district in which the property is located upon expiration of the period of time provided in a resolution establishing an abatement period (provision applicable citywide).

If a nonconforming, legally conducted use is changed to a use that conforms to or is more consistent with the regulations of this Ordinance, then any entitlement to maintain the nonconforming use is modified in that same degree.

3510 Reconstruction of Nonconforming Building Partially or Totally Destroyed

A nonconforming building destroyed to the extent of no more than 50 percent of its replacement value at the time of its destruction by fire, explosion or other casualty or Act of God, or the public enemy, may be restored and the occupancy or use of such building or part thereof which existed at the time of such partial destruction may be continued subject to all other provisions of this Article. In addition, the following regulations shall apply for the following buildings:

its replacement value at the time of its destruction by fire, explosion or other casualty or Act of God, or the public enemy, may be restored and the occupancy or use of such building or part thereof which existed at the time of such partial destruction may be continued subject to all other provisions of this Article. In addition, the following regulations shall apply for the following buildings:

  • A. Multifamily Residential Buildings: Nothing in this section shall prohibit the right to reconstruct, restore or rebuild a multifamily dwelling unit that is damaged or destroyed by fire, or other catastrophic event, or the public enemy as provided in Government Code Section 65852.25, unless the City Planner makes one of the findings in Government Code Section 65852.25(b).

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B. Commercial Buildings in the Townsite and South Oceanside Neighborhood: A nonconforming commercial building located within a commercial zoning district within the Townsite and South Oceanside Neighborhood, destroyed to an extent of more than fifty percent (50%) of its replacement value at the time of its destruction by fire, explosion, or Act of God, or the public enemy, may be restored to its original density, height, and configuration which existed at the time of such destruction, subject to all other provisions of Article 35 and providing that there is no reduction to the amount of off-street parking which had existed on site prior to such destruction.

The use of the rebuilt building shall be subject to current zoning at the time of the destruction. Existing uses operating under a use permit which is in compliance with existing zoning shall not be required to obtain a new use permit.

Exterior appearance and facade plans for nonconforming commercial buildings destroyed to an extent beyond 50%, shall be subject to approval by the Planning Commission.

3511 Commission to Determine Conditions of Abatement

When a determination of nonconformity has been made by the City Planner, he shall schedule a public hearing by the Planning Commission, Harbor Board of Directors or Community Development Commission to establish the conditions of abatement and the abatement period.

3512 Hearing, Notice

Notice of said hearing shall be given as required by Article 45.

3513 Hearing, Evidence

The Commission shall consider at the public hearing all pertinent data to enable it to arrive at an equitable abatement period which will protect the public welfare, yet will allow the owner of record, or lessee if there be such, to amortize his investment so that any loss will be minimized. Said owner or lessee shall be allowed to present such evidence as he may possess and which may relate to the case.

The Commission shall take into consideration any structural alterations or enlargements, or the installation of major equipment designed into the building prior to the date of nonconformity when setting the abatement period.

3514 Hearing, Decision

After the close of the public hearing, the Planning Commission, Harbor Board of Directors or Community Development Commission, as the case may be, shall determine and establish

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by resolution the abatement period, and shall set forth in said resolution all findings and facts upon which the date of such abatement is based.

3515 Decision, Notice to Owner

The Secretary of the Planning Commission, Harbor Board of Directors or Community Development Commission, as the case may be, shall formally notify the owner of such nonconforming property of the decision-making body’s action by mailing to such owner a copy of the resolution not later than 10 days following the date of its adoption.

3516 Appeal

The above action shall be final unless an appeal is filed in accord with the procedure provided in Article 46 of this ordinance.

3517 Recordation

The Secretary of the Planning Commission, Harbor Board of Directors or Community Development Commission, as the case may be, shall transmit a copy of the final resolution to the County Recorder of San Diego for recordation.

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