San Jose Municipal Code Part 4 Mobilehome Park Conversions of Use

A. In addition to submittal requirements specified in Chapter 20.100 of this title for conditional use permit and planned development permit applications, a supplemental application must be submitted for a mobilehome park conversion of use, and shall include the following:

1. Satisfactory evidence that, at least sixty days prior to the date of filing such application, each mobilehome owner and mobilehome tenant 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 or mobilehome lot 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 to 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 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 and 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 of the mobilehome park use.

5. The appraised market value of each mobilehome lot and the in-place value of each mobilehome in the park. The appraisal is to be made no more than ninety days prior to submittal of the supplemental application. The appraiser shall be a tested, certified, and designated member of a nationally recognized appraisal association; shall be selected by the developer and/or association; and shall be paid by the developer and/or association to make the appraisal.

6. 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 of use only if the planning commission or city council finds that the applicant has provided a satisfactory program of relocation, rental assistance, purchase assistance or other assistance pursuant to Section 20.180.630 of this chapter to mitigate the conversion on displaced mobilehome owners and mobilehome tenants.

(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 of use only if the director or planning commission finds that the applicant has provided a satisfactory program of relocation, rental assistance, purchase assistance or other assistance pursuant to Section 20.180.630 of this chapter to mitigate the conversion on displaced mobilehome owners and mobilehome tenants.

(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 the city council shall make any conditional use permit or planned development permit which may be granted under this chapter for mobilehome park conversion of use subject to a condition requiring a plan of relocation and purchase assistance for 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 mobilehome 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 a 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 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 or rental agreements (commencing at the conclusion of the right of continued tenancy period under Subsection 3. of Section 20.180.360) for mobilehome owners and mobilehome tenants who are handicapped, and/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.

(Ord. 26248.)