San Diego Municipal Code Div. 6 Mobilehome Park Discontinuance

and Tenant Relocation Regulations (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

Regulations

The purpose of these regulations is to set forth procedures for the conversion of an existing mobilehome park or spaces to another use. These regulations are intended to benefit the general public by minimizing the adverse impact on the housing supply and on displaced persons by providing certain rights and benefits to tenants and by requiring tenant relocation assistance whenever an existing mobilehome park or portion thereof is converted to another use. (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

Apply

(a) This division applies to all mobilehome parks except as provided in Section
143.0615(b).

(1) Subject to the Mobilehome Park Overlay Zone;

(2) Subject to a Conditional Use Permit;

(3) Entitled to be used as a mobilehome park based on previously
conforming rights; or

(4) Subject to a permit issued under present regulations.

(b) Notwithstanding any other provision in this section to the contrary, this
division does not apply to the mobilehome park located in Mission Bay Park
generally known as De Anza Mobilehome Park. It is the intention of the City
to deal with any discontinuance and relocation issues involved with De Anza
Mobilehome Park by separate ordinance or resolution because of the unique
conditions applicable to the De Anza Mobilehome Park.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

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(a) Before the City issues any development permit or construction permit that would allow the use of any land that is currently used as a mobilehome park to be used for any other purpose, or to be converted from mobilehome spaces to any other uses, a mobilehome park owner, lessee, or operator shall file an application to discontinue the mobilehome park or mobilehome spaces use.

(b) The application for discontinuance of a mobilehome park shall be processed
as a Site Development Permit in accordance with Process Three which may
only be granted if the decision maker makes the findings in Section
126.0504(k).

(c) The application for discontinuance of a mobilehome park shall be
accompanied by a relocation plan which shall be transmitted to the San Diego
Housing Commission or any successor agency for action. The relocation plan
shall provide for the relocation of the tenants who will be displaced by the
discontinuance of the use of the property as a mobilehome park or by the
conversion of mobilehome spaces to other uses. The relocation plan shall
comply with standards and regulations for relocation plans developed by the
San Diego Housing Commission.

(d) The application for discontinuance of a mobilehome park shall not be
approved until a relocation plan has been approved by the San Diego Housing
Commission.

(e) Except as provided in Section 143.0630(f), the owner, lessee, or operator of a
mobilehome park shall submit the required applications no later than 30
calendar days after the date on which one of the following occurs:

(1) Fifteen percent of the mobilehome spaces within the mobilehome park
cease to be occupied by mobilehomes;

(2) Fifteen percent of the mobilehome spaces within the mobilehome park
cease to be used for residential purposes if those mobilehomes are
owned by the mobilehome park owner, lessee, or operator;

(3) The total of vacant mobilehome spaces and mobilehomes described in
Section 143.0630(e)(2) equals 15 percent;

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(4) A notice of determination that the mobilehome park is undergoing a
change in use has been provided by the Executive Director of the San
Diego Housing Commission.

(f) Application for discontinuance of a mobilehome park is not required if the unoccupied mobilehome spaces or mobilehomes are offered for rent or lease to tenants or mobilehome owners and a sign offering the spaces or mobilehomes for rent or lease is installed at the principal entrance to the mobilehome park and is visible from the adjacent public right-of-way. The sign shall be maintained as long as 15 percent of the mobilehome spaces or mobilehomes in the mobilehome park remain unoccupied by mobilehomes or tenants. If the vacancy rate for mobilehome spaces or mobilehomes remains at or above 15 percent for 60 calendar days, the application for discontinuance of a mobilehome park shall be filed within 30 calendar days after the expiration of the 60-calendar-day period. (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

(a) Any resident organization entitled to notice of a listing of a mobilehome park for sale, pursuant to Civil Code Section 798.80, shall have the right to purchase the park, except as provided in Section 143.0640(b), if the resident organization meets the price and the terms and conditions of a purchase offer acceptable to the mobilehome park owner.

(1) The resident organization shall have the right to purchase the park by
executing a contract with the mobilehome park owner within 45
calendar days, unless agreed to otherwise, of the date on which a
notice of an acceptable offer to purchase the park is delivered by first
class mail or personal delivery to the president, secretary, and treasurer
of the resident organization.

(2) If less than the entire mobilehome park is offered for sale or an
acceptable offer to purchase less than the entire mobilehome park is
received, the resident organization shall have the right to purchase a
portion of the park for a period of 90 calendar days, unless agreed to
otherwise, from the date that a notice of the receipt of an acceptable
offer to purchase a portion of the park is mailed to the resident
organization.

(3) If a contract between the mobilehome park owner and the resident
organization is not executed within the specified period, the owner’s

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only obligation shall be as set forth in Section 143.0640(a)(4), unless the mobilehome park owner then elects to accept a counter offer to the noticed offer, at a price lower than the price specified in the notice to the resident organization.

(4) If no contract is executed between the mobilehome park owner and the resident organization within the time periods specified in Section 143.0640(a)(1) and (2) and the mobilehome park owner then elects to accept an offer at a lower price or under different terms and conditions than the price or the terms and conditions as specified in the owner’s notice to the resident organization, the resident organization will have an additional 15 calendar days to meet the price and the terms and conditions of the mobilehome park owner by executing a contract.

(b) The regulations contained in Section 143.0640(a) do not apply to the
following:

(1) Any sale or other transfer by a park owner who is a natural person to
any relation specified in Probate Code Section 6402;

(2) Any transfer by gift, devise, or operation of law;

(3) Any transfer by a corporation to an affiliate. As used in this
paragraph, affiliate means any shareholder of the transferring
corporation, any corporation or entity owned or controlled, directly or
indirectly, by the transferring corporation, or any other corporation or
entity controlled, directly or indirectly, by any shareholder of the
transferring corporation;

(4) Any transfer by a partnership to any of its partners;

(5) Any conveyance resulting from the judicial or nonjudicial foreclosure
of a mortgage or deed of trust encumbering a mobilehome park or any
deed given in lieu of such a foreclosure;

(6) Any sale or transfer between or among joint tenants or tenants-in-
common owning a mobilehome park; or

(7) The purchase of a mobilehome park by a governmental entity under its
powers of eminent domain.

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(c) A mobilehome park owner may, at any time, record with the County
Recorder, an affidavit in which it is certified that the following circumstances
exist:

(1) The owner has complied with the provisions of this section;

(2) Not withstanding compliance with Section 143.0640(a), no contract
has been executed of the sale of a mobilehome park between the owner
and the resident organization; and

(3) The provisions of Section 143.0640(a) are inapplicable to a particular sale or transfer of such park by the owner based on the exemptions described in Section 143.0640(b). (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

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Article 3: Supplemental Development Regulations