San Marcos Municipal Code Ch. 16.12 Mobilehome Park Conversions

Unrestricted conversion of mobilehome parks to other uses diminishes the mobilehome stock and space availability. The protection of tenants and potential purchasers of mobilehomes warrants the implementation of certain regulatory safeguards. The City recognizes the need to insure that the private sector exercises its responsibilities to provide varied housing choices and opportunities and that City participation in this responsibility is necessary.

The intent of this chapter is to insure that mobilehome park opportunities are available to residents of San Marcos, and to insure that mobilehome park conversions provide for the health, safety and general welfare of the community.

(a)

Use of a property as mobilehome park shall not be terminated for the purpose of conversion to another land use until application for mobilehome park conversion has been made to the Planning Department and approval by the Planning Commission or City Council, or appeal, has been received.

(b)

No building permit shall be issued on property occupied by a mobilehome park at the effective date of this chapter [July 12, 1979] or hereinafter for uses other than those associated with the mobilehome park use and allowed under the special use permit, until approval under Section 16.12.030(a) has been received.

(c)

Applications for mobilehome park conversion shall be made to the Planning Department and in addition to the complete application, along with a $300.00 filing fee, the following information is required:

(1)

Plans indicating what use the conversion is intended to be.

(2)

Time table for conversion of the park.

(3)

If proposed conversion is to a use not consistent with the underlying zone, the applicant shall file concurrently, a specific plan zone reclassification.

(4)

Total spaces within the park, number of spaces occupied, length of time each space has been occupied by present tenant, monthly rate currently charged.

(5)

Environmental assessment form.

(a)

Within 90 days following the submittal of an application, the matter shall be set for public hearing before the Planning Commission.

(b)

The Planning Commission within 30 days after the close of the public hearing shall render a decision on whether or not the conversion shall be approved, based upon the factors for consideration set forth in Section 16.12.050.

(c)

The decision of the Planning Commission may be appealed to the City Council by the filing of a letter requesting appeal of the Planning Commission decision within 11 days after the decision of the Planning Commission has been filed in the office of the Planning Commission. Such an appeal shall be in writing and shall specify where there was error in the decision of the Planning Commission with regard to the required findings.

(d)

Within 60 days following the filing of said appeal, the City Council shall hold a public hearing on the matter and within 30 days following the close of that hearing, the City Council shall render a decision on the conversion. The City Council shall not grant a conversion denied by the Planning Commission, except upon order of the City Council passed by not less than a four-fifths vote of all members thereof.

In reviewing a request for a mobilehome park conversion, the Planning Commission and City Council shall, at a minimum, take the following factors into consideration when rendering a decision:

(a)

There exists sufficient mobilehome space availability within the North County Branch of the Superior Court geographic area to accommodate the displaced mobilehomes.

(b)

The conversion will not result in the displacement of low-income individuals or households who cannot afford rents charged in other parks.

(c)

That the age, type and style of mobilehome within the park proposed for conversion would be accepted into other parks within the geographic area.

(d)

If the conversion is to another residential use, the mobilehome park residents have first opportunity to occupy these units and the construction schedule will not result in long-term displacement.

(e)

The proposed conversion is consistent with the San Marcos General Plan.

(f)

The proposed conversion is pursuant to the public health, safety and welfare.

(g)

The conversion will not result in a shortage of housing opportunities and choices within the City of San Marcos.

In the approval of a mobilehome park conversion, the City may attach conditions deemed reasonable in order to mitigate the impacts associated with the conversion. Such conditions shall not be limited to, but may include the following:

(a)

Partial payment for relocation of mobilehomes to another park.

(b)

If the land occupied by the park is to be sold, the tenants be given the first right of refusal accepting the offer of the seller for the purchase of the park and all the improvements.

(c)

The tenants be given the option of a long-term lease of the land and purchase of the improvements.

(d)

The City may attach an effective date upon their approval of the conversion. Said date will provide sufficient time for the relocation of the mobilehomes to their parks. Said time limit shall, at a minimum, be one year.

(e)

If the mobilehomes cannot be relocated to parks in the area, the applicant may be required to purchase said mobilehomes at fair market value, determined by an independent appraiser with mobilehome expertise.