Salinas Municipal Code § 31-703 Physical standards for residential and non-residential condominium…

(a) To establish criteria for the conversion of existing multifamily rental housing to condominiums, community apartments, and stock cooperatives; for the conversion of mobile home parks; and for any other subdivision, which is a conversion of existing rental housing.

(b) To reduce the impact of such conversions on residents in rental housing who may be required to relocate by providing for procedures for notification and adequate time and assistance for such relocation.

(c) To assure that purchasers of converted housing have been properly informed as to the physical condition of the structure which is offered for purchase.

(d) To ensure that converted housing and converted non-residential structures achieve a high level of design quality and safety, meet zoning code development regulations and design standards, and are consistent with the goals of the city.

(e) To provide a reasonable balance of ownership and rental housing in Salinas and a variety of choices of tenure, type, price, and location of housing.

(f) To maintain a supply of rental housing for low- and moderate-income persons.

(g) To reduce the potential impacts of mobile home park conversions on mobile home park residents

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

An application for a residential or non-residential condominium conversion, as defined in Article 2, shall be initiated by submitting an application to current planning. The application shall be accompanied by an application for a tentative map or parcel map, as appropriate, and shall be reviewed in accordance with the requirements and procedures established in this chapter and the Subdivision Map Act in effect at the time of application submittal. In addition to the requirements and procedures for tentative maps, final maps, and parcel maps set forth elsewhere in this chapter, condominium conversions shall be subject to the requirements of this article and must obtain a planned unit development permit as required by Section 37-50.050 of the zoning code.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

A physical elements report prepared by a registered engineer, architect, or licensed contractor describing the physical elements of all structures and facilities shall be submitted with the tentative map or parcel map. The report shall include, but not be limited to, the following:

(a) A report detailing the structural condition of all elements of the property including foundations and other structural elements, electrical and mechanical systems and equipment, plumbing, utilities, walls, roofs, ceilings, windows, recreational facilities, sound transmission, parking facilities and other paved surfaces, exterior paint, interior and exterior sprinkler systems, and appliances.

Regarding each such element, the report shall state, to the best knowledge or estimate of the preparer, when such element was built; the condition of that element; when that element was replaced; the approximate date upon which the element will require replacement; the cost of replacing the element; and any variation of the physical condition of the element from the current zoning code and from the city housing code, if applicable, and from the city building code in effect on the date that the last building permit was issued for the subject structure. The report shall identify any defective or unsafe elements and set forth the proposed corrective measures to be employed.

(b) A report from a licensed structural pest control operator on each structure and each unit within the structure. The report shall identify any defective or unsafe elements and set forth the proposed corrective measures to be employed.

(c) A report on soil and geological conditions, including soil deposits, rock formations, faults, groundwater, and landslides in the vicinity of the project, and a statement regarding any known evidence of soils problems relating to the structures. Reference shall be made to any previous soils reports for the site, and a copy shall be submitted with the report.

(d) A statement of repairs and improvements to be made by the subdivider for any element, as defined in Subsection 31-702.1(a), with a useful life of less than two years, and as necessary to refurbish and restore the project to achieve a high degree of appearance and safety. Elements with a remaining useful life of less than two years shall be repaired or replaced.

An overall assessment of building condition shall be performed by the city's building inspector prior to tentative map or parcel map approval, and a report of any building, housing, zoning, or other code violations specified in the staff report to the approving body.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

The subdivider shall submit the following additional materials as part of an application for a residential condominium conversion:

(a) A housing impact report concerning the demographic characteristics of the project, including, but not limited to the following:

(1) Square footage and number of bedrooms in each unit;

(2) Rental rate history for each type of unit for previous two years;

(3) Monthly vacancy rate for each month during preceding two years;

(4) Makeup of existing tenant households, including family size, length of residence, age of tenants, and whether receiving federal or state rent subsidies;

(5) Proposed sale price of units;

(6) Proposed homeowners' association fee;

(7) Financing available; and

(8) Names and addresses of all tenants.

When the subdivider can demonstrate that such information is not available, this requirement may be modified by the city planner.

(b) Signed copies from each tenant acknowledging receipt of the notice of intent to convert specified in Subsection 31-702.5(a); or, for each tenant for whom a signed acknowledgment is not submitted, satisfactory evidence that the notice of intent to convert was sent to each tenant in compliance with the legal requirements for service by mail and was sent by U.S. certified mail, return receipt requested.

(c) Evidence to the satisfaction of the city planner that all tenants of the proposed condominium conversion have been, or will be, given all written notices required by this chapter and by the Subdivision Map Act, and that such notices have, or will, comply with the legal requirements for service by mail. The subdivider shall provide the city with copies of all affidavits prepared in compliance with Code of Civil Procedure, Section 1013a (proof of service by mail).

(d) A tenant relocation plan including, but not limited to, the following information:

(1) An overview of the condominium conversion process including a summary of the notices that the tenants have or will receive pursuant to the Subdivision Map Act or this article;

(2) A description of tenant assistance to be provided pursuant to Section 31-706, tenant assistance for residential condominium conversions, including an explanation of when specific benefits will be made available to tenants;

(3) A list of a minimum of fifteen similarly priced or equipped residential rental facilities located within a ten mile radius of the city limits, including contact information. No more than ten of these facilities may be located outside the city; and

(4) A list of local non-profit and/or governmental agencies that provide relevant housing assistance, including a brief description of the assistance provided.

(e) Evidence demonstrating whether any rental agreement has been negotiated in another language such as Spanish, Chinese, Tagalog, Vietnamese, or Korean.

(f) Any other information which, in the opinion of the city planner, will assist in determining whether the proposed project will be consistent with the purposes of this article.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

The final form of the physical elements report and other documents shall be as approved by the city. The reports in their acceptable form shall remain on file with the city planner for review by any interested persons. The reports shall be referenced in the staff report to the approving body.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

The subdivider shall provide each purchaser (for both residential and non-residential conversions) with a copy of the physical elements report and approved conditions of approval prior to the purchaser executing any purchase agreement or other contract to purchase a unit in the project, and shall give the purchaser sufficient time to review said information. Copies of the submittals shall be made available at all times at the sales office and shall be posted at various locations, as approved by the city, at the project site. Copies shall be provided to the owners' or homeowner's association, as applicable, upon its formation.

In addition to any public notice required for a tentative map or parcel map, additional notices shall be given as required by Chapter 2 or Chapter 3 (commencing with Section 66451) of the Subdivision Map Act and all other provisions of the Subdivision Map Act for residential condominium conversions. Notice shall comply with the legal requirements for service by mail contained in Code of Civil Procedure, Sections 1012, 1013, and 1013a or as otherwise required by law, or shall be made by personal delivery to each tenant or other person entitled to receive notice, confirmed by written acknowledgement of receipt of the notice. If a rental agreement was negotiated in another language such as in Spanish, Chinese, Tagalog, Vietnamese, or Korean, all required notices to that tenant shall be issued in that language. The subdivider shall also provide any additional notice required by the Subdivision Map Act or other state or federal law. All notices shall be submitted to and approved by the city planner prior to delivery to the tenants.

(a) Notice of intent to file a tentative map or parcel map. The subdivider shall give a written notice of intent to file a tentative map or parcel map, in the form prescribed by the Subdivision Map Act, to each tenant at least sixty days prior to submittal of the tentative map or parcel map application for the condominium conversion.

(b) Notice of application for a public report. The subdivider shall provide a notice of application for a public report to each tenant within ten days of the submittal of an application for a public report to the California Department of Real Estate, in the form prescribed by the Subdivision Map Act. The notice shall indicate that the public report will be available to the tenant upon request and that the tenant's exclusive right to purchase commences no earlier than the date of issuance of the final public report.

(c) Notice of final map or parcel map approval. The subdivider shall provide a notice of final map or parcel map approval to each tenant within ten days of any approval of the final map or parcel map for the condominium conversion, in the form prescribed by the Subdivision Map Act.

(d) Notice of receipt of public report and tenant's right to purchase. Within five days after the date that the subdivider receives the public report from the California Department of Real Estate (DRE), the subdivider shall provide each tenant with a notice of receipt of public report and tenant's right to purchase notifying them of (1) receipt of the public report from the DRE, and (2) tenant's exclusive right to purchase the unit they reside in for a period of ninety (90) days upon the same terms that the unit will initially be offered to the general public, or on more favorable terms. The exclusive right to purchase shall commence on the date that the subdivision public report is issued. The notice of receipt of public report and tenant's right to purchase shall state the date that the ninety-day period has commenced, describe the terms on which the unit is being offered, include the price of the unit being offered for sale, comply with the requirements of the Subdivision Map Act and include the information for buyers specified in Section 31-702.4, copy to buyers, and the subdivision public report.

(e) Notice of continued right of occupancy and intention to convert. After city approval of the tentative map or parcel map, the subdivider shall provide each tenant with a notice of continued right of occupancy and intention to convert stating that each tenant will be given a minimum period of one hundred eighty days to vacate the unit. This notice is not a notice to terminate the tenancy as required by Civil Code Section 1946.1. The notice shall comply with the requirements of the Subdivision Map Act and shall include an explanation of available tenant assistance as provided in Section 31-706, tenant assistance for residential condominium conversions, and state the date upon which the one hundred eighty-day period will expire.

(f) Notices of public hearing and copies of city staff reports. As required by the Subdivision Map Act, the city shall provide each tenant with a copy of any hearing notice and any staff report on the condominium conversion at least three days prior to any public hearing on the proposed condominium conversion. Costs for the provision of these documents shall be borne by the subdivider.

(g) Notice to prospective tenants.

(1) Commencing not less than sixty days prior to submittal of the tentative map or parcel map application for the condominium conversion, the subdivider shall, immediately prior to accepting any rent or deposit from any prospective tenant, provide the prospective tenant with a notice of the subdivider's intent to convert in the form required by the Subdivision Map Act.

(2) Beginning on the date of final map or parcel map approval, the subdivider or successor in interest shall give notice of such approval in the form provided by the Subdivision Map Act immediately prior to accepting any rent or deposit from any prospective tenant.

(3) If the subdivider or successor in interest fails to give notice as provided in subsection or the Subdivision Map Act, the tenant shall be entitled to moving expenses and rent as provided in the Subdivision Map Act, and Section 31-706, tenant assistance for residential condominium conversions.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

All provisions of the following sections must be met and violations corrected prior to the approval of the final map or parcel map. The city council or city planner shall require conformance with the standards of this section in approving a tentative map or parcel map for a residential or non-residential condominium conversion, as applicable:

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

(a) Building regulations. The project shall conform to the applicable currently adopted building codes and shall be found to be in compliance with the building regulations in Chapter 9 of this Code in effect on the date that the last building permit was issued for the subject structure or structures except as herein provided. Prior to final map or parcel map approval, the city shall receive a physical inspection report, by a qualified person(s), as determined by the building official, of every unit to verify compliance with this condition.

(b) Health and safety—ground-fault circuit interrupters. In accordance with currently adopted building codes, ground-fault circuit interrupters shall be provided.

(c) Fire prevention.

(1) Smoke and carbon monoxide detectors. Each living unit shall be provided with the required number and location(s) of approved smoke and carbon monoxide detectors conforming to the latest California Building and Fire Code (as contained in Chapter 9 of this Code);

(2) Maintenance of fire protection systems. All fire hydrants, fire alarm systems, portable fire extinguishers, exiting signs, panic hardware, and other fire protective appliances shall be retained in an operable condition at all times.

(d) Sound transmission.

(1) Shock mounting of mechanical equipment. All permanent mechanical equipment such as motors, compressors, pumps, and compactors which is determined by the building official to be a source of structural vibration or structure-borne noise shall be shock mounted with inertia blocks or bases and/or vibration isolators in a manner approved by the building official;

(2) Noise standards.

a. The structure shall conform to all interior sound-transmission standards of the California Building Code in a manner approved by the building official,

b. The structure and site shall conform to all exterior noise standards prescribed by the general plan,

c. In cases where present standards cannot reasonably be met by conditions of subdivision approval, the subdivider shall be required to notify potential buyers of the noise deficiency currently existing within these units.

(e) Utility metering. Each dwelling unit shall be separately metered for gas, water, and electricity. A plan for equitable sharing of common area utility metering shall be developed prior to final map or parcel map approval and included in the covenants, conditions, and restrictions (CC&R's) prepared for the condominium conversion.

(f) Private storage space. Each unit shall have at least two hundred cubic feet of enclosed, weather-proofed, and lockable private storage space in addition to guest, linen, pantry, and clothes closets customarily provided. Such space may be provided in any location approved by the city planner, but shall not be divided into two or more locations. In such cases where the subdivider can demonstrate that this standard cannot or should not reasonably be met, this standard may be modified by the city council or city planner upon approval of the tentative map or parcel map.

(g) Laundry facilities. A laundry area shall be provided in each unit; or if common laundry areas are provided, such facilities shall consist of at least one automatic washer and one dryer of equivalent capacity for every five units of three or more bedrooms; for every seven two-bedroom units, and for every ten one-bedroom units. In such cases where the subdivider can demonstrate that this standard cannot or should not reasonably be met, this standard may be modified by the city council or city planner upon approval of the tentative map or parcel map.

(h) Landscape maintenance. All landscaping shall be restored as necessary and maintained to achieve a high degree of appearance and quality. If a significant amount of new landscaping is required, the landscape plan shall be subject to the city planner's and city engineer's approval conforming to water conservation ordinance and water efficient landscape ordinance.

(i) Condition of equipment and appliances. The subdivider shall provide a warranty to the buyer of each unit at the close of escrow that any dishwashers, garbage disposals, stoves, refrigerators, hot water tanks, and air conditioners that are provided have a useful life of one year. At such time as the homeowner's association takes over management of the development, the subdivider shall provide a warranty to the association that any pool and pool equipment (filter, pumps, and chlorinator) and any appliances and mechanical equipment to be owned in common by the association have a useful life of one year. Prior to final map or parcel map approval, the subdivider shall provide the city with a copy of warranty insurance covering equipment and appliances pursuant to this subsection.

(j) Refurbishing and restoration. As a condition of the tentative map or parcel map approval, all main buildings, structures, fences, patio enclosures, carports, accessory buildings, sidewalks, driveways, landscaped areas, and additional elements, as required, shall be refurbished and restored as necessary to achieve a high level of design quality, appearance, and safety. These improvements shall occur prior to the approval of the final map. The subdivider shall provide to the homeowners' association and/or purchaser a one-year warranty on all physical improvements required under this section. If substantial restoration is required, the design plans shall be subject to the city planner's approval.

(k) Conformance with the zoning code. As part of the review of the planned development permit required by Section 37.50-050, condominium conversions, the city shall determine conformance of the site and structures with the zoning code.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

(a) Building regulations. The project shall conform to the currently adopted building codes and shall be found to be in compliance with the city's building regulations in Chapter 9 of the municipal code in effect on the date that the last building permit was issued for the subject structure or structures except as herein provided. Prior to final map or parcel map approval, the city shall receive a complete physical inspection report, by a qualified person(s), as determined by the building official of every unit to verify compliance with this condition.

(b) Accessibility. The project shall comply with all applicable d accessibility requirements as determined by the building official and city engineer or other official acting as ADA coordinator.

(c) Fire prevention.

(1) Comply with all applicable fire department requirements; and

(2) Maintenance of fire protection systems. All fire hydrants, fire alarm systems, fire sprinklers, portable fire extinguishers, exiting signs, panic hardware, and other fire protective appliances shall be retained in an operable condition at all times.

(d) Utility metering. Each condominium unit shall be separately metered for gas, water, and electricity. A plan for equitable sharing of common area utility metering shall be developed prior to final map or parcel map approval and included in the covenants, conditions, and restrictions (CC&R's) prepared for the condominium conversion.

(e) Landscape maintenance. All landscaping shall be restored as necessary and maintained to achieve a high degree of appearance and quality in accordance with zoning code requirements and the city's water conservation ordinance. If a significant amount of new landscaping is required, the landscape plan shall be subject to the city planner's and city engineer's approval. All landscaping shall be privately owned and maintained; and funded through an owner's association or other legal means as approved by the city engineer.

(f) Refurbishing and restoration. As a condition of the tentative map or parcel map approval, all main buildings, structures, fences/walls, accessory buildings, sidewalks, driveways, parking lots, landscaped areas, and additional elements, as required, shall be refurbished and restored as necessary to achieve a high level of design, appearance, and safety. These improvements shall occur prior to the approval of the final map. The subdivider shall provide to the purchaser or owner's association a one-year warranty on all physical improvements required under this section. If substantial restoration is required, the design plans shall be subject to the city planner's approval.

(g) Conformance with the zoning code. As part of the review of the planned development permit required by Section 37.50-050, condominium conversions, the city shall determine conformance of the site and structures with the zoning code.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

A copy of the proposed CC&R's, articles of incorporation, and bylaws for all residential or non-residential condominium conversion projects shall be submitted to the city planner, city engineer and city attorney for review and approval prior to approval of the final map or parcel map. The city council or city planner shall require conformance with the standards of this section in approving a tentative map or parcel map for a residential or non-residential condominium conversion, as follows:

The CC&R's shall provide the following:

(a) Ongoing maintenance. There shall be adequate provision for ongoing maintenance of buildings, landscaping, and other common area facilities, and maintenance to meet NPDES/SWDS requirements. When warranted by the size (sixteen units or more) or nature of the project, the CC&R's shall provide for responsible on-site representation of the owners' or homeowners' association;

(b) Capital reserves. There shall be adequate provision for long-term capital replacement reserves for roofing, painting, streets, fire sprinklers and alarm systems, and the like;

(c) Power of enforcement. The CC&R's shall provide unit owners with an enforceable right to have the owners' or homeowners' association, as applicable, maintain adequate reserve for capital replacement, adequate maintenance, and adequate performance of other association duties specified in the CC&R's. The CC&R's shall provide the owners' or homeowners' association, with explicit powers to control and correct nuisances and to make and enforce rules, and the association may delegate responsibility for enforcement of same to an officer of the association or to a professional manager;

(d) Assessment restrictions. Restrictions on assessment levels which may impair the ability of the owners' or homeowners' association to carry out needed capital replacement or ongoing maintenance shall not be permitted;

(e) Lease restriction. The CC&R's shall provide that the owners' or homeowners' association be given notice of any rental or lease of any unit, and the name(s) of the tenant(s) or lessee(s). Notice shall be given prior to occupancy by non-owner. The CC&R's shall provide that tenants shall agree, by terms of the lease or otherwise, to comply with owners' or homeowner's association rules, and that the absentee owner shall be liable for any damages or penalties resulting from action by a tenant or lessee of that owner's unit;

(f) Fire access. The CC&R's shall impose a duty upon the board of directors of the owners' or homeowners' association to make and enforce rules against obstruction of designated fire access lanes;

(g) Public service easements. When not otherwise provided for, the CC&R's shall provide the owners' or homeowners' association with the power to convey utility easements through the common area to third parties as necessary to service the project unless alternate arrangements are approved by the city engineer of the city; and

(h) City approval for certain amendments. The CC&R's shall provide that provisions required to comply with this chapter or any conditions of approval shall not be modified without the city's consent. The city shall have the right, but not the obligation, to enforce the provisions of the CC&Rs.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

(a) Occupancy limitations. The CC&R's shall include limitations on the number of persons who can occupy any given unit on a permanent basis, consistent with the requirements of fair housing law;

(b) Garage conversions. The CC&R's shall forbid the conversion of any required parking areas to living, storage, or other nonparking floor space in any project; and

(c) Insurance. The CC&R's shall require that all units shall be subject to a policy of fire insurance. It is preferred that the CC&R's authorize the homeowners' association, at its discretion, to obtain a blanket fire insurance policy for all units and pay for such policy through the monthly assessments.

(d) Flood insurance. Flood insurance must be maintained if located within a floodplain/floodway identified on a Flood Insurance Rate Map (FIRM) of the U.S. Federal Emergency Management Association (FEMA), or, the development must be removed from the FEMA floodplain/floodway.

A copy of the CC&R's as approved by the State Department of Real Estate shall be provided to the city planner within ten days of their recordation.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

Prior to final map or parcel map approval for any residential condominium conversion, the subdivider shall provide the city with a copy of the proposed budget for maintenance and operation of common facilities including needed long-time reserves. The budget shall show estimated monthly costs to the owner of each unit, projected over a five-year period, or such time as is required by the department of real estate. Such budget shall be prepared or reviewed and analyzed by a professional management firm, experienced with management of condominium complexes. The management firm shall submit a statement of professional qualifications.

The subdivider shall also provide evidence to the city that a long-term reserve fund exists for replacement of common area capital facilities prior to the final map or parcel map approval. Such fund shall equal two times the estimated monthly owner's assessment for each dwelling unit.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

(a) The subdivider shall provide moving expenses of two times the monthly rent of any tenant household living in any unit prior to the delivery of the notice of intent to file a tentative map or parcel map in accordance with Subsection 31-702.5(a), unless the tenant chooses to voluntarily vacate the building prior to the issuance of the continued right of occupancy and intention to convert notice. This sum shall be in addition to and shall not affect or be affected by any other monetary amounts due to or by the tenant that are payable as a result of the termination of tenancy, including security deposits. Eligible tenants shall be paid relocation assistance at least fourteen days before the tenant is scheduled to vacate the unit. Tenants who have given notice of their intent to vacate prior to receipt of the notice of intent to file a tentative map or parcel map shall not be eligible for relocation assistance.

(b) A tenant will not be required to be provided with relocation assistance if, prior to initial occupancy of the unit, they received a copy of the notice to prospective tenants specified in Section 66452.17(b) of the Subdivision Map Act and Subsection 31-702.5(g) prior to initial occupancy of the unit.

(c) The subdivider or successor in interest shall provide a copy of an approved tenant relocation plan in accordance with Subsection 31-702.2(d) to all existing tenants within ten days of approval of the tentative map or parcel map to assist tenants in identifying comparable rental housing. In addition, a copy of the tenant relocation plan shall be provided to each person applying after such date for rental of a unit prior to acceptance of any rent or deposit. The tenant relocation plan shall be approved by the city council as a condition of tentative map approval or by the city planner as a condition of parcel map approval.

(d) For conversions of sixteen or more units, an agent of the subdivider shall be available to tenants for relocation counseling from the time of the service of the notice of continuing right of occupancy and intention to convert notice until each tenant relocates or decides to purchase a unit. If desired, the subdivider may form partnerships with local non-profit organizations to meet this requirement.

(e) In conformance with the Subdivision Map Act, the subdivider shall provide each tenant with an exclusive right for a period of ninety days to contract for the purchase of the tenant's unit upon the same terms that the unit will initially be offered to the general public, or on more favorable terms.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

In addition to the findings required for approval of tentative map and parcel maps by Sections 31-401.10, required findings, the approving body shall not approve an application for a residential or non-residential condominium conversion unless the approving body finds that:

(a) All provisions of this chapter and Section 37.50-050 of the zoning code have been met.

(b) The overall design and physical condition of the condominium conversion achieves a high level of design, appearance, and safety. The elements identified in the physical elements report with a remaining useful life of less than two years shall be repaired or replaced.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

(a) Vacancies in the project have not been intentionally increased for the purpose of preparing the project for conversion.

(b) Prior to the approval of the final map or parcel map, the applicant will have provided, or will have made adequate provision to provide, all notices required by this article and by the Subdivision Map Act.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

In addition to the requirements and procedures for tentative, final, and parcel maps set forth elsewhere in this chapter, an application for a subdivision involving either the conversion of a mobile home park to another use or the conversion of a rental mobile home park to resident ownership shall be subject to the requirements of Sections 31-708.1 through 31-708.4

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

The planning commission shall hold a public hearing consistent with the provisions of Section 31-401.8 and shall have the authority to approve, conditionally approve, or deny all applications for parcel maps involving either the conversion of a mobile home park to another use, or the conversion of a rental mobile home park to resident ownership. Tentative map applications for all mobile home park conversions shall be heard as provided in Article 4.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

The requirements of this section are applicable to an application for a subdivision involving the conversion of a mobile home park to another use.

(a) As required by Section 66427.4 of the Subdivision Map Act, the subdivider shall file a conversion impact report with the city on the impact of the conversion upon the displaced residents of the mobile home park to be converted. In determining the impact of the conversion on displaced mobile home park residents, the report shall address the availability of adequate and comparably priced replacement space in mobile home parks. The city planner shall specify the form and contents of the report as reasonably required to determine the impact of the conversion on displaced residents.

(b) The subdivider shall make a copy of the conversion impact report available to each resident of the mobile home park at least thirty days prior to the hearing on the tentative map or parcel map by the planning commission.

(c) The approving body may require the subdivider to take steps to mitigate any adverse impact of the conversion on the ability of displaced mobile home park residents to find adequate space in a mobile home park.

(d) This section establishes a minimum standard for local regulation of conversions of mobile home parks into other uses and shall not prevent a local agency from enacting more stringent measures.

(e) This section shall not be applicable to a subdivision that is created from the conversion of rental mobile home park to resident ownership.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

The requirements of this section are applicable to an application for a subdivision to convert a rental mobile home park to resident ownership, pursuant to Section 66427.5 of the Subdivision Map Act.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

(a) The subdivider shall file a conversion impact report with the city on the impact of the conversion upon residents of the mobile home park to be converted to resident ownership. The city planner shall specify the form and contents of the report as reasonably required to determine the impact of the conversion on existing residents.

(b) The subdivider shall obtain a resident survey regarding whether or not the residents of the mobile home park support the proposed conversion consistent with the requirements of Section 66427.5(d) of the Subdivision Map Act and shall submit the results of the survey to the city as part of the subdivider's application for a tentative map or parcel map.

(c) The subdivider shall make a copy of the conversion impact report and resident survey available to each resident of the mobile home park at least thirty days prior to the hearing on the tentative map or parcel map by the planning commission.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

The approving body shall require conformance with the following conditions in approving a tentative map or parcel map for a mobile home park conversion to resident ownership:

(a) The subdivider shall offer each existing tenant an option either to purchase his or her condominium unit to be created by the conversion of the park into condominium interests or to continue residency as a tenant.

(b) The subdivider shall avoid the economic displacement of all nonpurchasing residents in accordance with the provisions of Section 66427.5(f) of the Subdivision Map Act. The city may attach conditions as appropriate to ensure compliance with this section.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

In addition to the findings required for approval of tentative map and parcel maps by Section 31-401.10, required findings, the approving body shall not approve an application for the conversion of a mobile home park to another use, or the conversion of a rental mobile home park to resident ownership unless the approving body finds that:

(a) All provisions of this article have been met.

(b) The conversion impact report and resident survey, if applicable, are adequate, and all of the requirements of Government Code Section 66427.4 or 66427.5, as applicable, have been met.

(c) The proposed conversion is consistent with the objectives, policies, general land uses, housing policies, and programs specified in the general plan and applicable specific plans.

(d) The overall design and physical condition of the conversion achieves a high degree of appearance, quality, and safety.

(e) If the subdivision is for a conversion to resident ownership, the project is a bona fide resident conversion.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)