San Jose Municipal Code Part 3 Mobilehome Park Conversions to Ownership

A. In addition to submittal requirements specified in this title for conditional use permit application and planned development permit applications, a supplemental application must be submitted for every mobilehome park conversion to ownership and shall include the following:

1. Satisfactory evidence that, at least sixty days prior to the date of filing such application, each of the mobilehome owners and mobilehome tenants within the proposed project received, pursuant to Section 20.180.340 of this chapter, written notice of intention to convert; and that thereafter, each person applying for rental of a mobilehome in the proposed project, prior to payment of any rent or deposit, received notice of intention to convert. In addition, satisfactory evidence of the posting of said notice at all entrances of the mobilehome park shall be submitted.

2. A declaration that, after the date of filing such application, each person applying for rental of a mobilehome or mobilehome lot in the proposed project prior to payment of any rent or deposit, shall receive, pursuant to Section 20.180.340 of this chapter, written notification of intention to convert.

3. A boundary map showing the location of all existing easements, structures, mature and/or scenic trees, and other improvements upon the property.

4. The proposed organizational documents and true copies of any and all documents submitted to the California Department of Real Estate for the proposed conversion project.

5. The material indicated in Subsection 4 shall be submitted subject to the following provisions:

a. The developer shall file with the director a true copy of any amended, revised or additional documents submitted to the department of real estate prior to the public hearing before the planning commission or city council on a conditional use permit or planned development permit for a conversion project.

b. The developer shall file with the city a true copy of the final public report within ten days of issuance by the department of real estate.

6. A property report describing the condition and estimating the remaining useful life of each of the following elements of each applicable structure and system situate within the project proposed for conversion, excluding mobilehomes: roofs, foundations, exterior paint, paved surfaces, mechanical systems, electrical systems, plumbing systems, sewage systems, swimming pools, sprinkler systems for landscaping, utility delivery systems, central or community heating and air conditioning systems, fire protection systems including any automatic sprinkler systems, alarm systems or standpipe systems, and structural elements. For any element whose useful life is less than five years, a replacement cost estimate shall be provided. Such report shall be prepared by an appropriately licensed contractor or registered civil or structural engineer.

7. A statement detailing the current ownership of all improvements and underlying land; the name and address of each present mobilehome park resident within the project and identification of all residents under sixteen years, all residents sixty-two years and over, all residents with minor children, and all handicapped residents; square footage of each mobilehome lot; the current or last rental rate for each mobilehome lot or rented mobilehome and the monthly rental rate for the preceding two years; and the monthly space vacancy over the preceding two years of each mobilehome lot proposed to be converted.

8. A timetable for conversion to a condominium mobilehome park or community mobilehome park.

9. Such other documents or information as the director may require to further the purposes of this chapter.

10. A description of how the financial aspects of transfers of mobilehomes and mobilehome lots have been handled for the preceding two years.

B. Copies of the supplemental application shall be made available upon demand at the on-site office in the proposed project, during regular business hours, to mobilehome owners and mobilehome tenants.

(Ord. 26248.)

In addition to the findings required pursuant to Section 20.100.720, a conditional use permit may be issued for a mobilehome park conversion to ownership only if the planning commission or city council finds that the applicant has provided a program of relocation, rental assistance, purchase assistance or other assistance pursuant to Section 20.180.430 of this chapter to mitigate the impact of the conversion on displaced mobilehome owners and mobilehome tenants, and that mobilehome residents shall have the right of first refusal specified in Section 20.180.370.

(Ord. 26248.)

In addition to the findings required pursuant to Section 20.100.940, a planned development permit may be issued for a mobilehome park conversion to ownership only if the director or planning commission finds that the applicant has provided a program of relocation, rental assistance, purchase assistance or other assistance pursuant to Section 20.180.430 of this chapter to mitigate the impact of the conversion on displaced mobilehome owners and mobilehome tenants, and that mobilehome residents shall have the right of first refusal specified in Section 20.180.370.

(Ord. 26248.)

Without limiting the generality of the provisions relating to conditions which may be imposed upon a development permit under Chapter 20.100 of this Title, the director, planning commission or city council shall make any conditional use permit or planned development permit which may be granted under Chapter 20.100 for a mobilehome park conversion to ownership subject to a condition requiring a plan of relocation and purchase assistance for displaced mobilehome owners and mobilehome tenants within the proposed project. Such a plan may include the following:

1. Information to be provided to each mobilehome owner within the proposed project:

a. A list of known available mobilehome lots in Santa Clara, Alameda, Santa Cruz and San Mateo counties, including any written commitments from mobilehome park owners willing to accept displaced mobilehome owners.

b. Estimates from two moving companies as to the per mile costs of moving mobilehomes of various sizes including, but not limited to, tear down and set up of coaches.

2. Measures to mitigate the adverse impacts of conversion upon mobilehome owners and mobilehome tenants. Such mitigation measures shall benefit mobilehome owners and mobilehome tenants of the mobilehome park from the date the application for the conditional use permit or planned development permit for the proposed conversion project is filed with the city, or from the date on which notices to vacate are mailed to mobilehome owners and tenants, whichever is earlier. Mitigation measures may include but are not limited to:

a. Moving expenses for furniture and personal belongings to a new residence in Santa Clara, Alameda, Santa Cruz or San Mateo County.

b. Provision for payment of any or all portions of the cost of physically moving a mobilehome to a new site in Santa Clara, Alameda, Santa Cruz or San Mateo county, including, but not limited to, tear down and set up.

c. For those who move to a multiple or two-family dwelling, provision of a rent subsidy for up to twenty-four months. Rent shall not exceed the fair market rent for new construction and substantial rehabilitation for the Santa Clara County area as established by the U. S. Department of Housing and Urban Development. "Rent subsidy" is the difference between the rent of the multiple or two-family dwelling and the rent of the mobilehome space or mobilehome on the date of the notice of intention to convert.

d. Payment of the difference of rent between the old and new mobilehome park spaces for up to twenty-four months.

e. Purchase of the mobilehome at its in-place value, as determined by a tested, certified, and designated member of a nationally recognized appraisal association. "In-place value" includes the value of any accessory structures whose installation has been approved by mobilehome park management, such as a porch or a carport. The appraisal is to be made no more than sixty days prior to its submittal.

f. Extended leases and rental agreements (commencing at the conclusion of the right of continued tenancy period under Section 20.180.360) for mobilehome owners and mobilehome tenants who are handicapped, or aged sixty-two or over, and/or of low income, and/or for mobilehome owners and mobilehome tenants with minor children. No mobilehome owner or mobilehome tenant covered by any such extended lease or rental agreement shall be unjustly evicted. "Extended lease or rental agreement" is a lease or rental agreement whose expiration date is extended at least ninety days.

g. A provision for setting aside a certain number of rental spaces for mobilehome owners and mobilehome tenants who are handicapped, and/or aged sixty-two or over, and/or low income, and/or for mobilehome owners and mobilehome tenants with minor children.

(Ord. 26248.)

To achieve the purposes of this chapter, mobilehome park conversion to ownership projects shall conform to the following development standards:

1. The consumption of gas and electricity within each mobilehome lot shall be separately metered so that the owner can be billed separately for each utility. A water shut-off valve shall be provided for each mobilehome lot or for each plumbing fixture.

2. Each mobilehome lot shall have its own panel board for all electrical circuits which serve the mobilehome.

(Ords. 26248, 30857.)

An application for a conditional use permit or planned development permit for a mobilehome conversion project under this part which does not comply with all of the applicable development standards stated in Section 20.180.440 may, but shall not under any circumstances be required to be approved, and a conditional use permit may be issued therefor if the director, planning commission or city council finds that:

1. Strict application of the development standards set forth in said Section 20.180.440 would create an unreasonable economic hardship due to (but not limited to) the size, shape, location or surroundings of the subject property or the buildings situated thereon, but expressly excluding consideration of personal circumstances of the developer; and

2. A conditional use permit or planned development permit for the conversion project which is not in conformance with such development standards, subject to such permit conditions as may be imposed thereon:

a. Will provide for substantial compliance with such development standards; and

b. Will incorporate mitigating features which tend to further the purposes of this chapter.

(Ord. 26248.)

The proposed conversion project shall comply with all applicable city, county, and state codes and regulations regarding health and safety. If said project does not comply with said codes and said regulations at the time of approval of a conditional use permit or planned development permit for the project, a code compliance bond shall be submitted as required in Section 20.180.470.

(Ord. 26248.)

If a proposed mobilehome conversion project does not comply with provisions of Section 20.180.460 and/or the building official identifies items to be corrected pursuant to said section, any conditional use permit or planned development permit issued pursuant to this chapter shall require the developer to furnish a bond in an amount equal to the reasonable estimated cost of code compliance. Said bond shall run in favor of individual purchasers and the association. Said bond shall provide for reasonable attorney's fees in the event of default by the principal.

(Ord. 26248.)

A conditional use permit or planned development permit issued under this chapter for a mobilehome conversion project may be issued prior to the time compliance has been made with the said codes and said regulations as hereinabove provided in Section 20.180.460, but such permit shall not become effective unless and until compliance has been made as provided in each permit.

(Ord. 26248.)

Without limiting the generality of the provisions relating to conditions which may be imposed upon a development permit issued under Chapter 20.100 of this title, the director, planning commission or city council may make any conditional use permit or planned development permit for conversion to a mobilehome conversion project subject to a condition requiring recreational open space in a manner and to the extent it deems reasonably necessary to achieve the purposes of this title.

(Ord. 26248.)

The developer shall furnish each prospective purchaser of an interest in a condominium mobilehome park or community mobilehome park pursuant to a conversion project a true copy of the conditional use permit or planned development permit issued under this chapter and of each document required, by state law and the regulations of the California Department of Real Estate, to be provided to such prospective purchaser.

(Ord. 26248.)

Without limiting the generality of the provisions relating to conditions which may be imposed upon a conditional use permit or planned development permit under Chapter 20.100 of this title, the director, planning commission or city council may make any conditional use permit or planned development permit which may be granted under this part subject to conditions requiring the following:

1. A capital contribution provided by the developer to the association for the deferred maintenance of the common area, and the deferred maintenance or replacement of any of the elements described in the property report which are owned or maintained by the association, pursuant to Subsection A.6 of Section 20.180.400. Information available pursuant to Subsection A.6 of said section regarding the estimated replacement cost of those elements whose useful life is less than five (5) years may be used in determining the amount of such contribution.

2. A one-year warranty provided free of charge by the developer to the association for those systems described in the property report, as hereinabove specified, which are owned or maintained by the association. Such warranty need not cover those systems which may be covered by a substantial capital contribution by the developer for deferred maintenance.

(Ord. 26248.)

A developer or designated resident organization may petition the director for exemption from the requirement for a conditional use permit under Section 20.180.300 if a proposed mobilehome park conversion to ownership would result in at least sixty-seven percent (67%) of the mobilehome lots being acquired by residents of the park. Such a petition shall be filed on a form prescribed by the director, shall be accompanied by the fee established by council resolution, and shall include the following:

1. Evidence satisfactory to the director that:

a. At least sixty (60) days prior to the date of filing such application, each of the mobilehome owners and mobilehome tenants within the proposed project received, pursuant to Section 20.180.340 of this chapter, written notice of intention to convert.

b. Thereafter, each person applying for rental of a mobilehome lot or mobilehome in the proposed project, prior to payment of any rent or deposit, received notice of intention to convert.

c. Said notice was posted at all entrances of the mobilehome park as required under this chapter.

2. A declaration that, after the date of filing such application, each person applying for rental of a mobilehome or mobilehome lot in the proposed project, prior to payment of any rent or deposit, shall receive, pursuant to Section 20.180.340 of this chapter, written notice of intention to convert.

3. A statement detailing the current ownership of all improvements and underlying land; the name and address of each present mobilehome park resident of the project, and identification of all residents sixty-two years and over, all residents with minor children, and all handicapped residents; square footage of each mobilehome lot; the current or last rental rate for each mobilehome lot or rented mobilehome and the monthly rental rate for the preceding two years; and the monthly space vacancy over the preceding two years of each mobilehome lot proposed to be converted.

4. A timetable for conversion to a condominium mobilehome park or community mobilehome park.

5. Evidence satisfactory to the director that the residents of at least sixty-seven percent (67%) of the mobilehome lots in the park intend to purchase an ownership interest in the mobilehome park and have waived any rights to relocation assistance which would otherwise exist under this chapter.

6. A plan of relocation and purchase assistance for displaced mobilehome owners and mobilehome tenants within the park excluding those who have waived their rights to assistance under Subsection 5 of this section.

7. Such other documents or information as the director may require to further the purposes of this chapter.

(Ord. 26248.)

A petition for exemption from the requirement to obtain a conditional use permit for a conversion to ownership shall be approved by the director if all of the information required under Section 20.180.520 has been submitted and the director makes all of the following findings:

1. At least sixty-seven percent (67%) of the present mobilehome park residents have filed written notice of intent to purchase an ownership interest in the mobilehome park when it is converted to a common interest development; and

2. Each resident intending to purchase an ownership interest in the mobilehome park has waived any rights to relocation and purchase assistance under this chapter; and

3. A satisfactory plan of relocation and purchase assistance has been developed for all residents otherwise entitled to assistance under this chapter. A plan is satisfactory if:

a. All residents have consented to the plan in writing, or

b. Any resident being involuntarily displaced by the conversion to ownership and who has not consented to the plan, will be provided, at a minimum, with:

i. Moving expenses for furniture and personal belongings to a new residence in Santa Clara, Alameda, Santa Cruz or San Mateo County; and

ii. For those who will move their mobilehome to another location:

1. Payment of the cost of physically moving the mobilehome to a new site in Santa Clara, Alameda, Santa Cruz or San Mateo County, including but not limited to tear down and set up; and

2. Payment of the difference of rent between the old and new mobilehome park spaces for twenty-four (24) months; and

iii. For those who move to a multiple or two-family dwelling, provision of a rent subsidy for up to twenty-four (24) months. Rent shall not exceed the fair market rent for new construction and substantial rehabilitation for the Santa Clara County area as established by the U.S. Department of Housing and Urban Development. "Rent subsidy" is the difference between the rent of the multiple or two-family dwelling and the rent of the mobilehome space or mobilehome on the date of the notice of intention to convert; and

iv. For mobilehome owners and mobilehome tenants who are handicapped, aged 62 or over, or of low income, and for mobilehome owners and mobilehome tenants with minor children, an offer of a lease or rental agreement for their current mobilehome lot. Such offer for lease or rental shall be for a period of at least one (1) year.

(Ord. 26248.)