San Jose Municipal Code Part 2 General Requirements

To achieve the purpose of this chapter, all conversion projects shall conform to the requirements of this chapter and all other parts of this title applicable thereto provided that, if there is any conflict between the provisions of this chapter and such other parts of this title, the provisions of this chapter shall control.

(Ord. 26248.)

Conversion projects shall not be permitted in any district under this title unless the use is permitted in such district, and then only with a conditional use permit or planned development permit pursuant to this title.

(Ord. 26248.)

Notwithstanding the provisions of Section 20.180.310, no conditional use permit shall be required for a conversion to ownership if an exemption from the permit requirement has been approved by the director pursuant to the provisions of Sections 20.180.520 and 20.180.530.

(Ord. 26248.)

A. In addition to the requirements of Section 20.100.190, notice of time, place, and purpose of any public hearing on an application for a conditional use permit or planned development permit for a conversion project shall be given to each mobilehome owner and mobilehome tenant of the proposed project hereinafter identified pursuant to the provisions of this part. In addition, a notice shall be posted at all entrances of the proposed project. Each such notice shall be printed in English and Spanish.

B. Notwithstanding the provisions of Section 20.100.190, the director shall mail, with postage prepaid, a copy of the staff report on an application for a conditional use permit or planned development permit for a conversion project to each mobilehome owner and mobilehome tenant at least fifteen (15) days before the date set for hearing thereon.

C. Notwithstanding the preceding provisions of this section, the failure of the director or city clerk to mail any notice or report, or the failure of any resident to receive the same, shall not affect in any way whatsoever the validity of any proceedings taken under this chapter, nor of any such proceedings, nor prevent the director, planning commission or city council from proceeding with any hearing at the time and place set therefor.

(Ord. 26248.)

A. At least sixty (60) days prior to the date of filing an application for a conditional use permit or planned development permit for a conversion project, the developer shall notify, in writing, each mobilehome owner, mobilehome tenant and designated resident organization of the proposed project of his intention to convert, and thereafter, the developer shall notify each person applying for rental of a mobilehome lot in the proposed project, prior to payment of any rent or deposit, of his intention to convert.

B. Said notice of intention to convert shall contain a statement that the developer proposes a conversion project, and for that purpose that (1) the developer shall file an application for a conditional use permit or planned development permit with the City of San José, and, if applicable, that (2) the developer shall file an application for a final public report with the California Department of Real Estate. Said notice shall also contain a statement of the rights of mobilehome owners, mobilehome tenants and residents set forth in Sections 20.180.370 and 20.180.380, and the rights of designated resident organizations set forth in Section 20180.390.

(Ord. 26248.)

Within five (5) days of receipt of the final public report on the proposed project from the California Department of Real Estate (hereinafter "final public report"), if applicable, the developer shall notify each of the mobilehome owners and tenants in the proposed conversion project of the issuance of said report. The notice shall indicate that copies of said report are available on request.

(Ord. 26248.)

Each mobilehome owner and mobilehome tenant of a proposed conversion project shall have the following rights from the date of issuance of a notice of intention to convert, pursuant to Section 20.180.340, until the date indicated, if applicable, with respect to his or her tenancy:

1. The right to terminate a lease or rental agreement, without penalty, upon sixty days notice to the landlord.

2. Notwithstanding the provisions of Chapter 17.22 of Title 17 of this Code, no increase in rent until termination of a lease or rental agreement pursuant to Subsection A of this section or until twelve months after the date of issuance of the final public report, if applicable, or expiration of the mobilehome owner's or mobilehome tenant's lease or rental agreement, whichever is longer.

3. No unjust eviction during tenancy.

4. No coercion or retaliatory action against any such mobilehome owner or mobilehome tenant, including pressure to support, or refrain from opposing, a conversion project.

(Ord. 26248.)

In the case of a mobilehome park conversion to ownership, a mobilehome resident shall have a right of first refusal to purchase a condominium interest or an undivided interest in a community mobilehome park, whichever is applicable. The purchase price shall be no greater than the price offered to the general public for such interest.

(Ord. 26248.)

A designated resident organization shall have the right to negotiate for purchase of a mobilehome park for which a conversion project is proposed, if written notice of the exercise of this right is provided to the developer within sixty days of the date of issuance of the notice of intention to convert.

(Ord. 26248.)

If a written notice has been provided to the developer pursuant to Section 20.180.380 and within the time limit specified therein, the following procedure shall be followed:

1. Action on any conditional use permit or planned development permit for the conversion project shall be suspended for one hundred eighty days in order that good faith negotiations can be encouraged and such steps may be taken as are reasonably likely to result in preservation of the mobilehome park and the housing opportunities therein.

2. Within fifteen days of receipt of notice, the developer shall meet with each designated resident organization which has provided such notice in order to explore the possibility of acquisition of the park by such organization.

3. Upon the request to the director by either the developer or the designated resident organization, a mediation session shall be conducted by a mediator assigned by the city. The mediation shall be conducted within fifteen days of such request.

(Ord. 26248.)