Pismo Beach Municipal Code Ch. 16.42 Subdivisions of Existing Mobilehome Parks

Existing mobilehome parks as used herein shall mean any real property which in the preceding two years has been used in part or in whole for mobilehome parks as defined in the California Health and Safety Code, and which has not subsequently received any approval or entitlement from the city for a new or different use. (Ord. 276 § 1 (part), 1980)

The city shall not approve the subdivision of any existing mobilehome park for the continuing usage of mobile or modular homes as residential units unless the owner of the park gives adequate guarantees and assurances satisfactory to the city which provide the following minimum tenant protections:

A. Except for those lots purchased by current residents under subsection (B) of this section or vacated voluntarily by existing tenants under subsection (C) of this section, no lots shall be sold or transferred within the two years after the recordation of the final subdivision map. The owner shall continue to operate the mobilehome park as before, with rental increases limited to cost-of-living adjustments approved by the planning commission, or by the city council on appeal.

B. Residents of the mobilehome park at the time the subdivision application is filed shall be given a first right of refusal, exercisable for one year after the recordation of the final map, to purchase the lot upon which their mobilehome is situated. Reasonable financing arrangements shall be offered to the resident purchasers, which shall be no more than ten percent down payment, and no less than fifteen years to pa y the balance. The purchase price for said residents shall either be: (1) ten percent less than the price for which comparable lots are or will be offered to the public; or (2) the full price of any offering to the general public, less the real estate commission paid on the sale of other lots, and with the purchaser entitled to a rebate if the city determines within two years that other comparable lots were actually sold for less than the purported offering price. The owner and the subdivider shall make their books available to the city when required to make any such determination.

C. The owner shall, during the first two years, offer to all tenants who move voluntarily, a minimum lump sum payment of one thousand plus the actual cost of relocating the tenant's mobilehome and appurtenant structures to any other mobilehome park or reasonably accessible site of the tenant's choice within two hundred fifty miles of Pismo Beach. The owner may offer additional amounts to tenants to leave voluntarily provided that such additional amounts are offered generally to all tenants, and reimbursements made to those who moved previously without receiving such additional amount.

D. Special protections must be provided for the elderly and the physically handicapped. The owner shall be required to provide annual nonassignable leases, with automatic renewals for a term of no less than fifteen years, for all tenants of a mobilehome where at least one tenant was over sixty-five years of age, or was physically handicapped as determined by the state of California, at the time of filing the final subdivision map. Throughout the lease term, the lump sum and moving payments of subsection C of this section shall be offered to said tenants. In addition, and without any requirement that the owner reimburse tenants who have moved previously, the owner may offer the tenants additional amounts to move during the lease term. Nothing herein shall prevent the original owner after the first two years from selling or transferring any lot subject to such a lease, provided that the subsequent owner be given notice of, and agree to abide by, the provisions hereof. Rental increases during the lease shall be limited to annual cost of living increases.

E. In lieu of the provisions of subsection (C) or (D) of this section, the tenant may at any time sell his mobilehome to the owner upon such terms as they mutually agree to. (Ord. 276 § 1 (part), 1980)

Before approving any such subdivision, the planning commission, or the city council upon appeal, shall also make the findings based upon substantial evidence presented at a public hearing that there exists sufficient mobilehome space availability within seven miles of the city of Pismo Beach to accommodate the mobilehomes to be displaced by reason of the conversion, and that the age, type and style of mobilehomes within the park proposed for conversion will be accepted into other parks within said distance. (Ord. 276 § 1 (part), 1980)

Applications shall contain the following items:

A. Copies of the plot plan of the park including all existing and proposed structures, landscaping, walls, parking areas, walkways and other facilities as prescribed by the community development director.

B. Copies of building plans and elevations of existing and proposed structures.

C. Time table for conversion of the park.

D. The total number of spaces within the park, the number of spaces occupied, length of time each space has been occupied, length of time each space has been occupied by the present tenant, names and addresses of all existing tenants, monthly rents for each space over previous two years and any other information deemed necessary by either the community development director or the planning commission. (Ord. 276 § 1 (part), 1980)

The city shall not authorize, permit or approve a change of land use for an existing mobilehome park, or any portion thereof, unless the city is satisfied, either by use permit or other enforceable requirements or restrictions, that the minimum tenant protections set forth in Sections 16.42.020 and 16.42.030 have been adequately satisfied and protected. The final decision by the city on any such use permit or requirement. shall be made by the city council after a noticed public hearing. (Ord. 276 § 1 (part), 1980)

The provisions for tenant notification as contained in Sections 16.64.050(1) and 16.64.050(2) of the Pismo Beach Municipal Code (pertaining to Condominium Conversions) shall also apply to mobilehome park conversions insofar as applicable. (Ord. 276 § 1 (part), 1980)

A. It shall be unlawful for any owner of an existing mobilehome park, or for any person acting for him or on his behalf, with the intent to evade any requirement of this chapter, to evict any tenant, or to take any other coercive action against any tenant. The city shall be deemed to have notice of any such act, and the statute of limitations for prosecution of any such violation shall begin to run, upon the date that an application is filed to subdivide or change the land use for said real property.

B. In addition to and completely separate from the foregoing criminal penalties, the city shall not approve any application for subdivision or change of land use for an existing mobilehome park if the council finds upon substantial evidence presented at a public hearing, that any such eviction or act of coercion was done with the intent to evade the provisions of this chapter. (Ord. 276 § 1 (part), 1980)