San Jose Municipal Code Part 1 General

A. This chapter is enacted to establish requirements and procedures for the control and approval of the conversion of mobilehome parks to community mobilehome park, mobilehome park condominium, and non-mobilehome park uses. By their nature, mobilehome park conversion projects differ specifically from other types of projects. The unique status of such projects tends to magnify the effects associated with higher urban densities to the point where they may lead to conditions of mismanagement, neglect, and blight that impact upon the public health, safety, welfare, and economic prosperity of the City of San José. Such projects may conflict with the policies of the City of San José to provide a variety of individual choices of tenure, type, price, and location of housing and to maintain the supply of mobilehome housing for low and moderate income persons and families. To ensure that such problems are avoided in both short- and long-term, it is the express intent of the council of the City of San José to treat mobilehome park conversion projects differently from other projects, and to establish rules and standards regulating such projects in the City of San José.

B. This chapter is enacted to ensure that approval of proposed conversions is consistent with policies and objectives of the City of San José, particularly the following:

1. To make adequate provision for the housing needs of all economic segments of the community;

2. To facilitate resident ownership of mobilehome parks, while recognizing the need for maintaining an adequate inventory of rental space within mobilehome parks;

3. To provide a reasonable balance between mobilehomes and other types of housing;

4. To inform prospective conversion purchasers regarding the physical conditions of the structures and land offered for purchase;

5. To reduce and avoid the displacement of long-term residents, particularly senior citizens, the handicapped, those who are of low income, and families with school-age children, who may be required to move from the community due to a shortage of replacement mobilehome housing.

(Ord. 26248.)

For the purpose of this chapter, certain words and phrases are defined in this part and shall be construed as herein set forth unless it shall be apparent from their context that a different meaning is intended.

(Ord. 26248.)

"Association" means the organization of persons who own a condominium space or have right of exclusive occupancy in a mobilehome park condominium or community mobilehome park.

(Ord. 26248.)

"Common area" means the entire area within a condominium mobilehome park or community mobilehome park, except the separate interests therein.

(Ord. 26248.)

"Common interest development" means a real property development as defined in Civil Code Section 1351(c).

(Ord. 26248.)

"Community mobilehome park" means a common interest development in which an undivided interest in the mobilehome park is coupled with the right of exclusive occupancy of any mobilehome lot located therein.

(Ord. 26248.)

"Condominium" means an estate in real property as defined in Civil Code Section 1351(f).

(Ord. 26248.)

"Condominium mobilehome park" means a mobilehome park common interest development consisting of condominiums.

(Ord. 26248.)

"Conversion project" means the term used to include mobilehome park conversion to ownership and mobilehome park conversion of use, as defined in this part.

(Ord. 26248.)

"Developer" means the owner or subdivider with a controlling proprietary interest in the proposed mobilehome park conversion project.

(Ord. 26248.)

"Designated resident organization" means any association of mobilehome owners and/or mobilehome tenants within a mobilehome park which has, not later than fifteen days after issuance of a notice of intent to convert under Section 20.180.340, provided the owner or manager of the mobilehome park written notice of the following:

1. The name and address of the organization.

2. The name and address of the representative of the organization to whom all notices under this chapter shall be given.

3. A statement that the organization is interested in purchasing the mobilehome park.

(Ord. 26248.)

"Handicapped mobilehome owner" means a mobilehome owner who is the primary wage earner of a household, or a single person, with any medically determinable physical or mental impairment limiting his or her mobility, substantially affecting his or her ability to obtain employment, or requiring special care facilities in the mobilehome. "Physical or mental impairment" is an impairment that results from anatomical, physiological or psychological abnormalities which are demonstrable by medically acceptable clinical or laboratory diagnostic techniques.

(Ord. 26248.)

"Low income" means eighty per cent or less of the current median income as established annually by the U.S. Department of Housing and Urban Development (HUD) for the San José Standard Metropolitan Statistical Area (SMSA) as adjusted for household size.

(Ord. 26248.)

"Mobilehome" means a structure transportable in one or more sections, designed and equipped to contain not more than one dwelling unit, to be used with or without a foundation system.

(Ord. 26248.)

"Mobilehome lot" means a portion of a mobilehome park designated or used for the occupancy of one mobilehome.

(Ord. 26248.)

"Mobilehome owner" means a person who has the right to the use of a mobilehome lot within a mobilehome park on which to locate, maintain, and occupy a mobilehome, lot improvements and accessory structures for human habitation, including the use of the services and facilities of the park.

(Ord. 26248.)

"Mobilehome park" means an area of land where two or more mobilehome lots are rented or leased, or held out for rent or lease, to accommodate mobilehomes used for human habitation.

(Ord. 26248.)

"Mobilehome park conversion to ownership" means the conversion of an existing mobilehome park containing four or more mobilehome lots to a condominium mobilehome park or to a community mobilehome park.

(Ord. 26248.)

"Mobilehome park conversion of use" means the conversion of an existing mobilehome park containing four or more mobilehome lots to any other use, excluding mobilehome park conversion to ownership. The elimination of individual mobilehome leasehold or rental agreement interests in a mobilehome park shall not constitute conversion.

(Ord. 26248.)

"Mobilehome resident" means a person, including a mobilehome owner or mobilehome tenant, who occupies a mobilehome.

(Ord. 26248.)

"Mobilehome tenant" means a person who rents or leases a mobilehome from a mobilehome owner.

(Ord. 26248.)

"Organizational documents" include the declaration of covenants, conditions and restrictions, articles of incorporation, bylaws, and any contracts for the maintenance, management or operation of all or any part of a mobilehome park conversion to ownership project.

(Ord. 26248.)

"Recreational open space" means open space (exclusive of the required front setback area) which shall be used exclusively for leisure and recreational purposes, for the use and enjoyment of occupants (and their guests) within the condominium mobilehome park or community mobilehome park, and to which such occupants (and their guests) shall have the right of use and enjoyment. Accessory structures such as swimming pools, recreational building, and landscaped areas may be included as open space.

(Ord. 26248.)

"Right of first refusal" means an irrevocable, nontransferable, and preemptive right to purchase an interest in a common interest development at a price no greater then the price offered to the general public for such interest.

(Ord. 26248.)

"Unjust eviction" means the termination of tenancy by a mobilehome park landlord for reasons other than those stated in California Civil Code Section 798.56, or its successor.

(Ord. 26248.)