Article 19 — Condominium Conversions, Mobile Home Park Subdivisions and Mobile Home…

* Article 19 entitled “Motion Picture and Television Studio Zones (MS),” consisting of Sections 9-4.1901 through 9-

4.1919, recodified from Sections 8139.1 through 8139.20, T.O.O.C., as added by Ordinance No. 93, as renumbered by

Section XIV, Ordinance No. 173-NS, effective November 5, 1970, repealed by Section 2, Ordinance No. 669-NS, effective March 23, 1978.

Article 19, entitled “Condominium Conversions,” consisting of Sections 9-4.1901 through 9-4.1907, as codified by §1, Ord. 669-NS, effective March 23, 1978, as amended by Ord. 703-NS, effective February 8, 1979; repealed by §1, Ord. 839-NS, effective September 6, 1983.

Article 19, entitled “Condominium Conversions,” consisting of Sections 9-4.1901 through 9-4.1911, as codified by § 2, Ord. 839-NS, effective September 6, 1983; repealed by § 4, Ord. 1459-NS, effective March 21, 2006.

The conversion of rental apartments or mobile home parks to ownership status and the change of use of mobile home parks impacts the supply and availability of rental housing, and may cause displacement of residents, particularly seniors and families with children who may be required to move from the community due to lack of replacement housing. A reduction in the supply of rental housing creates pressure for higher rents in the remaining rental housing. However, conversions may sometimes provide unique opportunities for lower income households to purchase their own homes.

The City seeks to avoid the problems that beset condominium conversion projects, and to assure a reasonable balance of rental and ownership housing and a variety of individual choices of tenure, type, price, and location of housing and to maintain a supply of rental housing for low and moderate income persons and families.

The City finds that the unique problems and opportunities presented by the conversions of existing residential rental housing units and rental mobile home parks to ownership status and the change of use of rental mobile home parks to other uses require special considerations pursuant to this article.

This article is intended to comply with California law, which is subject to amendment from time to time. The requirements of state law, as amended, shall supersede any specific provision of this article in conflict with state law. (§4, Ord. 1459-NS, eff. April 21, 2006)

For the purpose of this article, unless otherwise apparent from the context, the following definitions are provided: (a) “Community apartment project” shall mean a project in which an undivided interest in the land is coupled with the right of exclusive occupancy of any apartment located thereon.

(b) “Condominium” shall mean an estate in real property consisting of a separate interest in a dwelling unit together with an undivided interest in the balance of the property (land and improvements) which is owned in common by the owners of the individual dwelling units.

(c) “Condominium conversion” shall mean the conversion or division of a single-ownership parcel with a building or buildings containing two or more existing dwellings (such as an apartment building) into a condominium, community apartment project, or stock cooperative project form of ownership involving separate ownership or permanent right of exclusive use of individual dwelling units. Condominium conversion does not include conversion of a rental mobile home park into a mobile home park subdivision.

(d) “Condominium conversion project” shall mean the entire parcel of real property subject to condominium conversion including all structures thereon or appurtenant thereto.

(e) “Mobile home” shall mean a structure, as defined under California Civil Code Section 798.3, designed for human habitation as a dwelling and transport over streets and highways under permit in accordance with the California Vehicle Code. This term shall include “manufactured homes” as defined in the Health and Safety Code Section 18007. A recreational vehicle shall not be considered to be a mobile home unless it has been manufactured with plumbing, heating and electrical systems for human habitation and it occupies a mobile home site in a mobile home park where

that recreational vehicle is permitted to be used as a permanent residence in accordance with Civil Code Section 798.3(b). The term mobile home shall not include a commercial coach as defined by Health and Safety Code Section 18010 or factory-built housing as defined by Health and Safety Code Section 19971.

(f) “Mobile home park” or “park” shall mean an area of land where two or more mobile home sites are rented, or held out for rent, to accommodate mobile homes used for human habitation. This term shall include “trailer park.” (g) “Mobile home park change of use” shall mean closure, cessation or change of use of a mobile home park to another use either as to an entire mobile home park or more than ten (10) percent of the mobile home spaces therein. However, the Community Development Director may find that a mobile home park change of use has not occurred if he or she determines that park management is making a good faith effort to lease the spaces that are unoccupied by mobile homes to mobile home owners. A mobile home park change of use does not include closure due to physical destruction by fire, flood or other disaster, conversion of a mobile home park to a mobile home park subdivision, closure of a mobile home park as a result of an adjudication of bankruptcy, nor the adoption, amendment, or repeal of a park rule or regulation.

(h) “Mobile home park subdivision” shall mean a division of land for the purpose of converting a rental mobile home park to ownership status. Mobile home park subdivisions include developments in which each mobile home owner receives title to the individual space where his or her mobile home is located, together with an undivided interest in the common areas of the park. The term mobile home park subdivision also includes stock cooperative projects where each mobile home owner receives an exclusive right to occupy, but not title to, his or her individual mobile home space, together with an undivided interest in the common areas of the park.

(i) “Stock cooperative project” shall mean a project wherein a corporation is formed or availed primarily for the purpose of holding title to an apartment project or mobile home park, if all, or substantially all, of the shareholders of such corporation receive a right of exclusive occupancy in a dwelling unit or mobile home space in the project, title to which is held by the corporation, which right of occupancy is transferable only concurrently with the transfer of shares of stock in the corporation held by the person having such right of occupancy. (§4, Ord. 1459-NS, eff. April 21, 2006)

(a) Preapplication review. Prior to filing any entitlement application for a condominium conversion, mobile home park subdivision or mobile home park change of use, the prospective applicant shall file a preapplication request. Its basic purpose is to provide an opportunity for the applicant to understand the requirements, procedures and steps that must be taken before a condominium conversion, mobile home park subdivision or mobile home park change of use may be approved. City staff shall conduct a preapplication work session with the applicant to discuss the City’s requirements and the project’s ultimate impact on the residential housing stock of the City prior to the preparation of plans and/or tentative tract maps in order to avoid the possible expenditure of substantial energy and expense in a manner not consistent with the guidelines for such projects, and also to allow the applicant to make changes, at an early stage, prior to the preparation and filing of entitlement applications.

(b) Application requirements in general. After completion of the required preapplication review, an applicant for a condominium conversion, mobile home park subdivision or mobile home park change of use may file the necessary entitlement application(s) for the specific action sought. Said entitlement requests may include a tentative tract map, residential planned development permit (or major modification thereto), trailer park development permit (or major modification thereto) and such other entitlements as may be necessary. Filing of all entitlement applications shall be subject to the provisions of Section 9-4.2802 of this chapter and additional requirements imposed by this article.

(c) Public hearings. The Planning Commission shall hold a public hearing on an application for a condominium conversion, mobile home park subdivision or mobile home park change of use, subject to appeal to the City Council.

Notice of public hearing shall be given in the manner required by Chapter 12 of this title and the additional special notice requirements set forth in this article.

(§4, Ord. 1459-NS, eff. April 21, 2006)

(a) All condominium conversion projects shall be subject to the residential planned development (R-P-D) standards, permits and requirements set forth in Sections 9-4.901 through 9-4.905 of Article 9 of this chapter. Additionally, all condominium conversion projects shall be subject to all provisions of this Code, the State Subdivision Map Act, the applicable building regulations of Title 8 of this Code, and the subdivision provisions set forth in Chapter 3 of this title.

(b) Application requirements. No application for any entitlement necessary for a condominium conversion project shall be accepted as complete unless the application includes all of the items set forth below in addition to such information as the applicable entitlement application may otherwise require:

(1) An application for a tentative map or parcel map in accordance with Section 66426 of the Subdivision Map Act and this Code.

(2) An application for a residential planned development (R-P-D) permit or major modification thereto, with all of the plans and information shown on the precise plan of design plot plan checklist required for submittal of R-P-D permits. Said plans shall also contain at least the following specific detailed information:

• (i) The location, height, gross floor area, and proposed uses for each existing structure to remain and for each proposed new structure;

• (ii) The location, use, and type of surfacing of all open storage areas;

• (iii) The location and type of surfacing for all driveways, pedestrian ways, vehicle parking areas, and curb outs;

• (iv) The location, height, and type of materials for walls or fences;

• (v) The location of all landscaped areas, the type of landscaping, the method of irrigation, and a statement

• specifying the manner by which the landscaping areas shall be maintained and how it will be funded;

• (vi) The location and description of all recreational facilities and a statement specifying the method of the maintenance thereof;

(vii) The location, size, and number of parking spaces to be used in conjunction with each condominium unit as well as an indication of whether the space is uncovered, covered, or enclosed;

• (viii) The location, type, and size of all drainage pipes and structures;

• (ix) The location, type, and size of all on-site and adjacent overhead utility lines;

• (x) The location, type, and size of all utilities within the complex and a complete breakdown of how those utilities are presently furnished, metered, and serviced to the individual units as well as the common areas;

• (xi) The location of all existing on-site fire protection equipment, including but not limited to, fire hydrants, stand pipes, fire sprinkler systems and fire extinguishers;

• (xii) Existing elevation contours, building pad elevations and percent slope of all driveways and parking areas;

• (xiii) Fully dimensioned elevation plans of the typical permanent structures, showing the architectural features and the types and materials of construction;

• (3) A structural pest report prepared by a licensed structural pest control operator pursuant to the California Business and Professions Code on the absence or presence of wood destroying pests or organisms for all existing permanent buildings on the property;

(4) An acoustical report for all existing and proposed permanent residential buildings on the property, which indicates the type of construction of existing walls and ceilings and noise attenuation characteristics of such construction. The test data shall include a sampling of at least ten (10%) percent of the dwelling units involved, but in

no case fewer than two (2) dwelling units. The report shall contain recommended methods of compliance with the noise insulation standards of the California Administrative Code, Title 25, Chapter 1, Subchapter 1, Article 4, Section 28, and shall be prepared by an acoustical engineer;

(5) A building elements report prepared by a state licensed civil engineer, architect or other qualified person approved by the building official describing in detail the condition and useful life of the roof, foundations, and mechanical, electrical, plumbing and structural elements of all existing buildings and structures, and further describing, in detail, the condition and useful life of the following appliances and equipment if installed in the buildings: Garbage disposals, dishwashers, water heaters, ranges, ovens and air conditioners;

(6) Three (3) draft copies of the covenants, conditions, and restrictions which will apply to the proposed development which include the following provisions:

(i) Provisions satisfactory to the City for the maintenance of the common areas and exteriors of all structures and walls of any such projects by the City in the event of default in the maintenance of such areas, including provisions for repair and for reimbursement to the City for any cost incurred thereby;

(ii) Provisions establishing each individual unit owner's exclusive right to the use of not less than two (2) specifically designated parking spaces for each unit in carports or garages;

(iii) Provisions prohibiting the outside storage of recreational vehicles, and any other materials unless enclosed within separate storage areas;

(iv) Provisions establishing adequate storage space shall be provided for each unit;

(v) Provisions establishing the precise nature of what constitutes a common area and what constitutes part of the ownership unit, including but not limited to an indication of whether the individual owner or the association will have the duty to maintain and/or replace wastewater laterals, utility meters, and vegetation within or around individual ownership areas;

(vi) Provisions authorizing the City to review and approve amendments to the covenants, conditions, and restrictions for the development.

• (7) Tenant/rent/sales price information:

• (i) A certified list of the names and addresses of all tenants residing in the proposed project that is complete as of

the time the application is filed. The names and addresses shall also be provided in a digital file to facilitate mailing of public hearing notices;

• (ii) Current rents for each unit;

• (iii) Approximate proposed price for which each unit would be sold.

(8) The pro forma budget proposed to be submitted to the State Department of Real Estate or a similar estimate of projected annual operating expenses for the project after conversion and proposed level of maintenance fees or assessments to be borne by individual unit owners.

(9) The applicant shall certify that at least 60 days prior to filing of the tentative map for a condominium conversion, that all prospective tenants and tenants residing in the building(s) proposed for conversion have been notified in writing of the applicant's intent to file a tentative map for condominium conversion. Said notification is required under Sections 66452.8 and 66452.9 of the Subdivision Map Act. Certification shall consist of a letter signed by the applicant certifying that the required notice has been given, the date the notice was given, and a copy of the written notice.

• (10) A report demonstrating how the project will satisfy the required conditions of approval specified in Subsection (e) of this section.

• (11) Additional information as determined necessary by the Community Development Director.

• (c) Special notice requirements.

(1) In addition to other public hearing notice requirements, the City shall mail written notice of a public hearing on applications related to a condominium conversion project to each tenant residing in the project as required by Section 66451.3 of the Subdivision Map Act. Such notice will specify the following:

• (i) The date, time, place and purpose of the hearing; and

• (ii) That each tenant has the right to appear and be heard.

(2) The City shall provide a copy of the staff report(s) to the subdivider and each tenant at least 3 days prior to the hearing on the tentative map or other permit for a condominium conversion as required by Section 66452.3 of the Subdivision Map Act.

(d) Required findings of fact. In addition to the other findings required by this Code, the decision-making body shall make the following affirmative findings prior to the approval of a condominium conversion project:

(1) That the proposed project would not adversely affect the supply and availability of rental housing within the City. This finding must be based on a determination that the current vacancy rate for rental units within the City is not less than five (5%) percent, as determined by the most recent Community Development Department survey or other reliable vacancy rate data acceptable to the City; or that mitigating circumstances exist which justify approval of the condominium conversion when the vacancy rate is lower than five (5%) percent. In addition to other mitigating circumstances that may be found, this determination must also be based on at least one of the following two findings:

nt Community Development Department survey or other reliable vacancy rate data acceptable to the City; or that mitigating circumstances exist which justify approval of the condominium conversion when the vacancy rate is lower than five (5%) percent. In addition to other mitigating circumstances that may be found, this determination must also be based on at least one of the following two findings:

(i) That new rental units are to be constructed which will replace those to be converted. The number of replacement units will equal or exceed the number of units proposed to be converted. Replacement units will be completed and occupancy permits issued prior to recordation of the final map for the conversion; or

(ii) That the conversion will help meet other City housing goals by providing a substantial percentage of its units at affordable prices and the provision of such housing opportunities outweighs any loss of rental units.

(2) That the project, as conditioned, would provide reasonable relocation assistance to households displaced by the condominium conversion; and

(3) That the proposed condominium conversion complies with the requirements of the Thousand Oaks Municipal Code.

(e) Conditions of approval. Condominium conversions shall be subject to all of the following conditions, which shall be in addition to such other conditions deemed necessary to carry out the purposes and requirements of this article:

(1) The consumption of gas, electricity, and water within each dwelling unit shall be separately metered so that the unit owner can be separately billed for each utility. A separate wastewater lateral shall be provided for each unit. A shut-off valve for each utility will be provided for each unit. The requirements of this subsection may be waived where the Building Official or Public Works Department finds that such would not be practicable.

(2) All permanent mechanical equipment, including domestic appliances, which is determined by the Building Official to be a potential source of vibration or noise, shall be shock-mounted, isolated from the floor and ceiling, or otherwise installed in a manner approved by the Building Official to lessen the transmission of vibration and noise.

(3) The electrical, plumbing, mechanical, fire, and life safety systems of the structures either are, or shall be placed in a condition of good repair and maintenance, including such alterations or repairs as are required by the Building Official and Fire Department.

(4) Separate laundry facilities of sufficient size to allow for the installation of a clothes washer and dryer shall be provided for each condominium unit; if provided for in the garage, they shall not encroach into the required parking area.

(5) Each condominium unit shall be provided with a separate two (2) car (double) garage or carport or with two (2) adjoining single-car garages or carports, and one parking space per unit shall be provided for guest parking. Provisions shall be made for the restriction of parking in no parking zones.

(6) Each dwelling unit shall have a separate hot water heater, unless there is one central circulating water heating system serving all dwelling units on the property, and such system shall provide sufficient capacity to serve all dwelling units.

(7) All on-site and adjacent overhead utility service lines and poles shall be converted to an underground system. (8) At least fifty (50) square feet of developed common recreation space shall be provided per unit, but in no event less than one thousand (1,000) square feet for the total condominium conversion project.

(9) All garbage disposals, dishwashers, water heaters, ranges, ovens, and air-conditioners determined by the Building Official to have less than two (2) years' useful remaining life shall be replaced.

(10) All dwelling units shall comply with the current requirements for energy conservation, sound transmission control, and fire detection systems.

(11) The applicant shall provide relocation assistance equal to one and one-half times the monthly rent to any tenant household living in any unit at any time prior to final map approval, provided such tenant is not otherwise in default of the rental agreement. If the tenant elects to purchase the unit, such relocation assistance shall be applied as a credit to the cost of the unit.

(12) The applicant shall offer a lifetime lease to households in which the head of household or spouse is sixty-two (62) years of age or older at the time of the final map approval. Reasonable annual rent increases shall be allowed, but shall not exceed sixty (60%) percent of the increase in the Los Angeles- Long Beach Area Consumer Price Index or any successor index designed to determine general increases in housing costs for the preceding twelve (12) month period or any applicable local ordinance governing the rents in such units, whichever is lower. Provisions setting forth this limitation on rent increases shall be incorporated into the lease.

(13) The applicant shall provide at no additional cost to the tenant, suitable alternate housing to tenant households whose unit undergoes substantial remodeling or rehabilitation during conversion, and the unit being remodeled or rehabilitated is not habitable. The Building Official of the City shall make the final determination of habitability and suitability.

(14) Covenants, Conditions and Restrictions for the condominium conversion shall be prepared and submitted to the Community Development Director and City Attorney for approval, and shall be recorded prior to or concurrently with the final map.

(15) Within ten (10) days of conditional approval of entitlements necessary for the project, the property owner shall mail written notice to all tenants residing in the building(s) to be converted. The notice shall include a copy of the conditions of approval and state that the tenant will receive a ninety (90) day written notice to vacate or purchase his or her unit and that the tenant will have the exclusive right to purchase the unit on at least as favorable terms and conditions as such units are offered to the general public.

e to all tenants residing in the building(s) to be converted. The notice shall include a copy of the conditions of approval and state that the tenant will receive a ninety (90) day written notice to vacate or purchase his or her unit and that the tenant will have the exclusive right to purchase the unit on at least as favorable terms and conditions as such units are offered to the general public.

(16) No final map for a condominium conversion shall be approved unless the City Council finds that the conditions of approval and the requirements of Section 66427.1 of the Subdivision Map Act have been satisfied. (§ 4, Ord. 1459-NS, eff. April 21, 2006)

(a) Mobile home park subdivisions shall be subject to all provisions of this Code, the State Subdivision Map Act, the applicable building regulations of Title 8 of this Code, and the subdivision provisions set forth in Chapter 3 of this title. Additionally, a mobile home park subdivision proposing an increase in the number mobile home spaces shall be subject to the standards, permits and requirements set forth in Sections 9-4.2001 through 9-4.2004 of Article 20 of this chapter.

(b) The scope of any hearing on whether to approve, conditionally approve or disapprove a tentative map for a mobile home park subdivision not involving an increase in the number of mobile home spaces shall be limited to the

issue of the subdivision's compliance with Section 66427.5 of the Subdivision Map Act.

(c) Application Requirements. No application for a mobile home park subdivision shall be accepted as complete unless the application includes all of the information set forth below, in addition to such other information as the applicable entitlement application may otherwise require:

(1) An application for a tentative map or an application for map waiver where the tenants of the mobile home park propose to purchase the park pursuant to Section 66428.1 of the Subdivision Map Act;

(2) With respect to any proposal to increase the number of mobile home spaces, an application for a T-P-D permit, with all of the plans and information shown on the precise plan of design plot plan checklist required for submittal of R-P-D permits.

• (3) Tenant/rent/sales price information:

(i) A certified list of the names and addresses of all tenants residing in the mobile home park and where applicable, non-resident mobile home owners, complete as of the time the application is filed. The names and addresses shall also be provided in a digital file to facilitate mailing of public hearing notices;

(ii) Current rents for each mobile home space;

(iii) Approximate proposed price for which each mobile home space will be sold;

(4) The pro forma budget proposed to be submitted to the State Department of Real Estate or a similar estimate of projected annual operating expenses for the project after conversion and proposed level of maintenance fees or assessments to be borne by individual unit owners;

(5) Certification that the subdivider has offered each existing tenant the option to purchase his or her unit to be created by subdivision or continue as a tenant in accordance with Section 66427.5 (a) of the Subdivision Map Act. Certification shall consist of a letter signed by the subdivider certifying that the offer has been made and when the offer was made together with a copy of the written offer;

(6) The subdivider's report on the impact of the conversion to resident ownership status on the residents of the mobile home park prepared in accordance with Section 66427.5 (b) of the Subdivision Map Act;

(7) A report describing the results of the survey of support for the proposed conversion to resident ownership status among the residents of the mobile home park as required by Section 66427.5 (d) of the Subdivision Map Act;

(8) Three (3) copies of the proposed covenants, conditions, and restrictions which will apply to the development which include the following provisions:

(i) Provisions satisfactory to the City for the maintenance of the common areas and exteriors of all structures and walls of any such projects by the City in the event of default in the maintenance of such areas, including provisions for repair and for reimbursement to the City for any cost incurred thereby;

(ii) Provisions establishing the parking requirements for each mobile home and for guest parking. If the mobile home subdivision involves an increase in the number of mobile home spaces, the application shall include provisions establishing each individual unit owners exclusive right to the use of not less than two (2) specifically designated parking spaces for each unit;

(iii) Provisions prohibiting the outside storage of recreational vehicles, [ and any other materials unless enclosed within separate storage areas ]*;

(iv) Provisions establishing the precise nature of what constitutes a common area and what constitutes part of the ownership unit, including but not limited to an indication of whether the individual owner or the association will have the duty to maintain and/or replace wastewater laterals, utility meters, and vegetation within or around individual ownership areas;

(v) Provisions authorizing the City to review and approve amendments to the covenants, conditions, and restrictions for the development.

(9) Additional information as determined necessary by the Community Development Director.

• (d) Special notice requirements.

(1) The subdivider shall make a copy of the report on the impact of the conversion to a mobile home subdivision on the residents of the mobile home park as described in Section 9-4.1905 (c) (6) available to each resident at least thirty (30) days prior to the hearing on the tentative map for the mobile home park subdivision in accordance with Section 66427.5 (c) of the Subdivision Map Act.

(2) In addition to other public hearing notice requirements, the City shall mail written public hearing notices on applications related to a mobile home park subdivision to all tenants residing within the affected mobile home park and all nonresident owners of mobile homes with the affected mobile home park.

(e) Required findings of fact. Prior to approving a mobile home park subdivision, the decision-making body shall find based on substantial evidence in the record that the proposed mobile home subdivision complies with California Government Code Section 66427.5, as more fully set forth herein. The findings required for a T-P-D permit or major modification thereto by this Code shall also be required if an increase in the number of mobile home spaces is proposed.

ark subdivision, the decision-making body shall find based on substantial evidence in the record that the proposed mobile home subdivision complies with California Government Code Section 66427.5, as more fully set forth herein. The findings required for a T-P-D permit or major modification thereto by this Code shall also be required if an increase in the number of mobile home spaces is proposed.

(f) Conditions of approval. Mobile home park subdivisions shall be subject to all of the following conditions, which shall be in addition to such other conditions as deemed necessary:

(1) As specified under Section 66427.5 of the Subdivision Map Act, the subdivider has offered each existing tenant the option of either buying or renting the proposed space where his or her mobile home is situated.

(2) With respect to the nonpurchasing residents who are not lower income households, as defined in Section 50079.5 of the Health and Safety Code, the monthly rent, including any applicable fees or charges for use of any preconversion (i.e. prior to subdivision) amenities, may increase from the preconversion rent to market levels, as defined in an appraisal conducted in accordance with nationally recognized professional appraisal standards, in equal annual increases over a four (4)-year period.

(3) With respect to nonpurchasing residents who are lower income households, as defined in Section 50079.5 of the Health and Safety Code, the monthly rent, including any applicable fees or charges for use of any preconversion amenities, may increase from the preconversion rent by an amount equal to the average monthly increase in rent in the four (4) years immediately preceding the conversion, except that in no event shall the monthly rent be increased by an amount greater than the average monthly percentage increase in the Consumer Price Index for the most recently reported period.

[ (4) The subdivider shall provide a reasonable degree of on-site fire protection, as determined by the Ventura County Fire District. Such protection shall include, but not be limited to, water supply, fire hydrant location, and standpipes. ]*

(5) Covenants, Conditions and Restrictions for the mobile home park subdivision shall be prepared and submitted to the Community Development Director and City Attorney for approval and shall be recorded prior to or concurrently with the final map.

(6) A survey of resident support has been conducted and the results filed with the Community Development Director in accordance with the requirements of Government Code Section 66427.5 and this chapter.

(7) A tenant impact report has been completed and filed with the Department in accordance with the requirements of Government Code Section 66427.5 and this chapter;

(8) The conversion to resident ownership is consistent with the General Plan and any applicable Specific or Area Plan;

[ (9) The conversion is a bona fide resident conversion; ]*

(10) Appropriate provision has been made for the establishment and funding of an association or corporation adequate to ensure proper long-term management and maintenance of all common facilities and infrastructure; and

(11) There are no conditions existing in the mobile home park that are detrimental to public health or safety, provided, however, that if any such conditions exist, the application for conversion may be approved if: (1) all of the findings are required under Subsections (a) through (e) are made and (2) the subdivider has instituted corrective measures adequate to ensure prompt and continuing protection of the health and safety of park residents and the general public.

[ (12) For purposes of determining whether a proposed conversion is a bona fide resident conversion, the following criteria shall be used:

(i) In compliance with Government Code Section 66427.5 and with this chapter, the survey shows that more than fifty (50%) percent of owner occupied resident households support the conversion to resident ownership, the conversion shall be presumed to be a bona fide resident conversion.

(ii) Where the survey of resident support conducted in accordance with Government Code Section 66427.5 and with this chapter shows that at least twenty (20%) percent but not more than fifty (50%) percent of the owner occupied resident households support the conversion to resident ownership, the subdivider shall have the burden of demonstrating that the proposed conversion is a bona fide resident conversion. In such cases, the subdivider shall demonstrate, at a minimum, that a viable plan, with a reasonable likelihood of success as determined by the decisionmaker, is in place to convey the majority of the lots to current residents of the park within a reasonable period of time.

(iii) Where the survey of support conducted in accordance with Government Code Section 66427.5 and with this chapter shows that less than twenty (20%) percent of residents support the conversion to resident ownership, the conversion shall be presumed not to be a bona fide resident conversion.

(13) The City's Rent Stabilization Board shall, in the first instance subject to appeal to the City Council, be charged with evaluating for certification certify that all of the foregoing conditions have been met, and that if more than twenty (20%) percent of the owner occupied residential households in the park support the conversion determining whether such conversion is a bona fide resident conversion. ]*

(§ 4, Ord. 1459-NS, eff. April 21, 2006, as amended by § 3, Ord. 1503-NS, eff. August 14, 2008)

Editor's Note:

• In Vallecito Mobile Estates, Ltd v. City of Thousand Oaks, Ventura County Superior Court Case No. 56-200800328552 (7-13-2009), a ruling was issued which invalidated the bracketed language found in the foregoing § 9- 4.1905.

(a) No mobile home park shall be closed and cease to operate and no application or permit necessary for a mobile home park change of use shall be approved, without first obtaining approval of an Impact Report as described in this section and in Section 65863.7 of the Government Code.

(b) Within ninety (90) days before a mobile home park change of use occurs, as defined in Section 9-4.1902 (g), park management shall provide written notification to the Community Development Director and shall either file an Impact Report as described in Section 9-4.1906 (c)(3) or shall petition the Community Development Director to make a finding that a change of use is not occurring because park management is making a good faith effort to lease the spaces that are unoccupied by mobile homes to mobile home owners.

(c) Application Requirements. The application necessary for a mobile home park change of use shall include the following:

(1) Certification that residents and mobile home owners have been notified of the proposed change of use in accordance with Civil Code Section 798.56 (g) (1). Certification shall consist of a letter signed by the applicant certifying that the required notice has been given and when the notice was given, with a copy of the written notice attached.

(2) A certified list of the names and addresses of all tenants residing in the mobile home park and where applicable, nonresident mobile home owners, complete as of the time the application is filed. The names and addresses shall also be provided in a digital file to facilitate mailing of public hearing notices.

(3) An Impact Report as required under Section 65863.7 of the California Government Code, which shall include the following:

(i) The names and addresses of all resident mobile home owners, absentee mobile home owners and residents who are not mobile home owners; the length of time each space has been occupied by the current mobile home, mobile home owner and resident; the age, size and type of each mobile home; and the current monthly rent charged for each mobile home space.

(ii) An evaluation of the availability of adequate replacement housing in mobile home parks within twenty (20) miles of the proposed change of use. The evaluation shall include the name of each park surveyed and whether or not there are spaces available for relocation. If there are spaces available in a particular park, then the evaluation shall include, but not be limited to, a location map of the mobile home parks and a comparison between those parks and the park proposed for a change of use. At a minimum, the evaluation shall address the following factors: distance from the park proposed for a change of use, park amenities, space availability, rent and rent control requirements, park restrictions with respect to mobile home size, age, condition or other factors, security deposit requirements, utility connection charges, resident restrictions and any other factors that affect the feasibility of relocation.

uation shall address the following factors: distance from the park proposed for a change of use, park amenities, space availability, rent and rent control requirements, park restrictions with respect to mobile home size, age, condition or other factors, security deposit requirements, utility connection charges, resident restrictions and any other factors that affect the feasibility of relocation.

(iii) Itemized estimates of the costs of relocating each mobile home and mobile home resident to a mobile home park within twenty (20) miles, including relocation of the mobile home and associated accessories and relocation of the residents and their possessions. Relocation costs include at a minimum the costs of disassembly, removal, transportation and reinstallation at the new site, including replacement or reconstruction of blocks, skirting, siding, porches, decks, awnings or earthquake bracing, if necessitated by the relocation. Relocation costs also include payment of insurance for potential damage to personal property caused by the relocation, reasonable living expenses of displaced mobile home park residents from the date of actual displacement until occupancy at the new park, any security deposit required at the new park, utility connection changes and the difference between the rent paid at the existing park and any higher rent at the new park during the first twenty-four (24) months of tenancy at the new park.

(iv) A list of the mobile homes proposed for relocation to a mobile home park within twenty (20) miles of the change of use and the mobile homes that are not proposed for relocation together with an explanation why each home is or is not proposed for relocation.

[ (v) An estimate of the in-place market value of each mobile home not proposed for relocation or later found to be not eligible for relocation, in its current location, assuming the continued operation of the mobile home park in a safe, sanitary and well-maintained condition and an explanation of the basis used for estimating the in-place market value of each mobile home. ]**

(vi) A "Relocation Assistance and Mitigation Plan" which shall include a timetable for physically relocating each mobile home and a proposal for payment of relocation assistance and measures to mitigate the impacts of the change of use pursuant to Section 9-4.1906 (d).

(4) The nomination of a Relocation Counselor to be approved and contracted by the City of Thousand Oaks, paid for by Applicant, with expertise in assisting individuals and families in matters of forced relocation.

(d) In approving an Impact Report, the decision-making body shall impose measures as conditions of approval to mitigate the adverse impacts of the change of use on mobile home owners and residents in the mobile home park. The specific conditions of approval of a particular application shall be determined on an application-by-application basis with regard to the facts and circumstances of the park subject to the change of use and all of the information contained in the application, and as suggested by the Relocation Counselor, but shall not exceed the reasonable cost of

owners and residents in the mobile home park. The specific conditions of approval of a particular application shall be determined on an application-by-application basis with regard to the facts and circumstances of the park subject to the change of use and all of the information contained in the application, and as suggested by the Relocation Counselor, but shall not exceed the reasonable cost of

relocation. The "reasonable cost of relocation" shall be defined as not less than as set forth below in (d)(1), following;

or, in the event no mobile home park within twenty (20) miles of the current mobile home site of the tenant proposed to be displaced is willing to accept the tenant's mobile home, or the mobile home is not capable of being moved and replaced functionally intact, a combined total of the consideration set forth below in (d)(2), (3), (4) and (5):

(1) Payment of the cost of relocating each mobile home to another mobile home park within twenty (20) miles of the change of use, including any combination of the costs of relocation described in Section 9-4.1906(c)(3)(iii);

[ (2) Payment of a lump sum equal to the in-place market value of each mobile home in its current location, based upon the assumption that the mobile home park will continue operation in a safe, sanitary and well-maintained condition regardless of actual plans; ]**

(3) Payment of a lump sum equal to the costs of moving displaced mobile home park residents to alternative housing;

(4) Payment of a lump sum equal to the first and last month rent and any security deposit in alternative rental housing for displaced mobile home park residents.

[ (5) In no case shall any "cost of relocation" be less than that which would be required under the California Relocation Assistance Law, California Government Code § 7260, et seq., as if the project were deemed to be caused by State action. ]**

(6) Should there be any disagreement regarding the value to be paid under any of the provisions of this measure, the parties shall forthwith arbitrate said matter before the City's Rent Stabilization Board, which decision shall be final, subject only to reversal by a trial de novo in the Superior Court. Should the party demanding a trial de novo not receive a more favorable determination from the Superior Court than that provided by the Rent Stabilization Board, then that party shall pay the other party his/her/its costs, including reasonable attorney fees.

(7) Once the reasonable cost of relocation has been paid, Tenant shall be relieved of any cost related to the removal of Tenant's mobile home from Applicant's property. No tenant shall be required to vacate any mobile home park until all payments required hereunder have been paid.

(e) The applicant and any mobile home owner or resident in the mobile home park may agree to a mutually satisfactory relocation assistance and mitigation program. To be valid, such agreement shall be in writing in the form and content required by applicable state law and shall include the following:

• (1) A provision stating that the tenant is aware of the provisions of this Section 9-4.1906;

(2) A copy of this Section 9-4.1906 as an attachment; and

(3) A provision in at least twelve (12) -point type that clearly informs the tenant of the right to seek the advice of an attorney prior to signing the agreement.

• (f) Relocation Assistance Adjustment.

(1) Any person who files an application for a mobile home park change of use may simultaneously request an adjustment to the relocation assistance obligations that could otherwise be required as mitigation for the impacts on displaced mobile home owners and residents in accordance with Section 9-4.1906(d).

(2) If an adjustment to the relocation assistance obligations is requested, the Impact Report described in Section 9- 4.1906(c)(3) shall also include all of the following:

(i) A statement that the applicant is requesting an adjustment to the relocation assistance obligations that could otherwise be required in accordance Section 9-4.1906(d);

(ii) An estimate of the total cost of the relocation assistance obligations that could be required in accordance Section 9-4.1906(d);

(iii) A report prepared by an expert such as a real estate financing and development consultant substantiating why the relocation assistance obligations would result in a take of property in violation of the United States or California Constitutions and, if so, the minimum extent that such obligations would have to be adjusted to prevent a taking of property;

(iv) Such other information that the applicant believes to be pertinent, or which may be required by the Community Development Director.

(3) The decision-making body may consider an application for a Relocation Assistance Adjustment only for one (1) or both of the following reasons:

(i) That the requirement for relocation assistance would eliminate substantially all reasonable use or economic value of the property. Such justification may only be established if it is demonstrated that the imposition of the relocation requirements would prevent the reasonable use or economic value of the property for other, alternate uses and that the continued use of the property as a mobile home park is not a reasonable economic use of the property. (ii) That a court of competent jurisdiction has determined that the mobile home park closure or cessation of use of the property as a mobile home park is necessary, and that such court has taken further action that would prohibit or preclude the payment of relocation assistance benefits. Notwithstanding this provision, the Land Use designations and zoning would remain in place, subject to a vote of the citizens of Thousand Oaks.

• (g) Special notice requirements.

(1) At least thirty (30) days prior to a hearing or any other action on any entitlement application for a mobile home park change of use, or any hearing on an Impact Report, the City shall inform the applicant in writing of the provisions of Section 798.56 of the Civil Code and all applicable local requirements which impose a duty on the applicant to notify residents and mobile home owners of the proposed change of use and shall specify the manner in which the applicant shall verify that residents and mobile home owners have been notified of the proposed change of use. No hearing or other action shall be taken on any entitlement application for a mobile home park change of use or Impact Report until the applicant has verified to the satisfaction of the City that the residents and mobile home owners have been adequately notified.

(2) At least thirty (30) days prior to the Planning Commission hearing on an Impact Report, the applicant shall provide written notice to the residents of the park that the applicant will be appearing before the Planning Commission to request permission or permits for a change of use and provide a copy of the Impact Report described in Section 9- 4.1906(c)(3) to the residents of the mobile home park with notice of the hearing date.

(3) In addition to other public hearing notice requirements, the City shall mail written notices of a public hearing on any applications related to a mobile home park change of use to all tenants residing within the affected mobile home park and all non-resident owners of mobile homes within the affected mobile home park.

(h) Required findings of fact. The decision- making body shall make the following affirmative findings prior to approving or recommending approval of an Impact Report:

(1) That the Impact Report, as approved, is adequate and contains reasonable measures for mitigating the impact of the change of use on displaced mobile home owners and residents.

(2) That the Impact Report, as approved, complies with the requirements of the Thousand Oaks Municipal Code.

• (i) Conditions of approval.

(1) All of the mitigation measures imposed herein shall be performed prior to actual change of use of the mobile home park.

(2) No mobile home or mobile home resident shall be required to vacate a mobile home park until all of the mitigation measures applicable to that mobile home and resident set forth in the approved Impact Report have been completed.

[ (3) After approval of a mobile home park change of use Impact Report, management of the park shall provide each mobile home owner twenty-four (24) months or more written notice of termination of tenancy and a copy of the approved Impact Report. ]*

(4) No grading permit or building permit shall be issued unless the mitigation measures as described in the approved Impact Report have been completed for every mobile home in the park.

(5) As a condition of approval of an Impact Report for a mobile home park change of use, the owners of the mobile home park shall enter into a written agreement with the City to ensure compliance with this Section 9-4.1906 and the mitigation measures contained in the approved Impact Report.

(§ 4, Ord. 1459-NS, eff. April 21, 2006, as amended by § 3, Ord. 1503-NS, eff. August 14, 2008)

Editor's Note:

• In Vallecito Mobile Estates, Ltd v. City of Thousand Oaks, Ventura County Superior Court Case No. 56-200800328552 (7-13-2009), a ruling was issued which invalidated the bracketed language found in the foregoing § 9- 4.1906.

** In City of Thousand Oaks v. 1200 Newbury LLC, Ventura County Superior Court Case No. 56-2009-00354680 (1-28-2010), a ruling was issued which invalidated the bracketed language found in the foregoing § 9-4.1906.

The decision-making body may deny any proposed condominium conversion, mobile home park subdivision or mobile home park change of use where there is evidence that tenants have been coerced to publicly support or approve such proposal, or to refrain from publicly opposing it, or to forego any assistance to which they may be entitled. It is against the public policy to attempt to avert the provisions of this article by coercing the waiver of any rights or privileges created or protected herein. Any provision of a lease or rental agreement which purports to waive a tenant's rights under this article or which require prior consent to the condominium conversion, mobile home park subdivision or mobile home park change of use shall be null, void and unenforceable.

(§4, Ord. 1459-NS, eff. April 21, 2006)