Chapter 5.45
MOBILE HOME PARK CONVERSION

Sections:

5.45.010    Authority and short title.

5.45.020    Definitions.

5.45.030    Conversion impact report requirement.

5.45.040    Relocation specialist.

5.45.050    Pre-conversion questionnaire.

5.45.060    Conversion impact report content.

5.45.070    Public hearing regarding conversion impact report.

5.45.080    Decision regarding conversion impact report.

5.45.090    Application for exemption from relocation assistance obligations.

5.45.100    Certificate of acceptance.

5.45.110    Performance of mitigation measures.

5.45.120    Modification of conversion impact report.

5.45.130    Expiration of conversion impact report.

5.45.140    Nullification of impact report.

5.45.150    Right of first refusal.

5.45.160    Appeal.

5.45.170    Processing fees.

5.45.180    Building permits.

5.45.190    Exemption.

5.45.010 Authority and short title.

This chapter is enacted pursuant to the city’s police power and the authority of California Government Code Sections 65863.7, 65863.8 and 66427.4; and pursuant to the city’s adopted general plan. Housing Element Policy 3.5.2 discourages the removal of affordable housing unless it achieves general plan objectives and provides for replacement housing that is affordable or corrects unsafe or blighted conditions. In addition, Housing Element Policy 3.6.2 indicates the city will require a developer to assist displaced residents to find affordable housing when affordable housing is removed and Housing Element Policy 3.15.2 encourages the preservation of manufactured housing parks and authorizes city support of changes in tenure only if changes provide specified benefits to park residents. This chapter, which shall be known and may be cited as the “San Luis Obispo Mobile Home Park Conversion Ordinance,” implements general plan policies related to affordable housing and mobile home parks specifically. (Ord. 1533 § 1 (part), 2009)

5.45.020 Definitions.

For the purposes of this chapter, unless the context clearly requires otherwise, the following definitions shall apply:

A. “Absentee owner” means a person who owns a mobile home in a mobile home park and does not reside at such mobile home, but does not include a homeowner who purchased the home, prior to receiving any notification of the filing of a development application or request for approval of a closure or conversion, for the purpose of providing housing for an immediate family member who actually occupies the home as that family member’s primary residence. This definition also shall not include those individuals subletting their mobile homes pursuant to California Civil Code Section 798.23.5.

B. “Affected mobile home owners and residents” means absentee owners, resident owners and resident tenants whose mobile homes will be displaced by the closure or conversion of a mobile home park.

C. “Applicant” means a mobile home park owner or authorized representative who proposes to perform a mobile home park conversion.

D. “Certificate of acceptance” means a written declaration expressing an applicant’s acceptance of the conditions imposed by the city in connection with approval of a conversion impact report.

E. “Commission” means the planning commission of the city.

F. “Comparable housing” means housing within a twenty-mile radius of the mobile home park to be converted that is equivalent (or better) in terms of amenities, condition, location, price and size (floor area and number of bedrooms) to the mobile home to which comparison is being made.

G. “Comparable mobile home park” means a mobile home park within a twenty-mile radius of the park to be converted that is equivalent (or better) in terms of amenities, condition, location and rental price to the mobile home park to which comparison is being made.

H. “Conversion impact report” means a report, meeting the requirements of this chapter, describing (1) the impacts of a mobile home park conversion on affected mobile home owners and residents; and (2) the measures that will be taken to mitigate adverse impacts of such conversion on affected mobile home owners and residents.

I. “Director” means the community development director of the city.

J. “Immediate family member” means the spouse, registered domestic partner, parents, grandparents, children, grandchildren or siblings, by blood, marriage, domestic partnership or adoption, of a mobile home owner, or any other person claimed as a dependent of the mobile home owner for federal income tax purposes.

K. “Mobile home” means a “mobilehome” as such term is defined in the Mobilehome Residency Law.

L. “Mobile home improvements” means carports, earthquake bracing, landscaping, new roofs, patios, porches and similar amenities and major repairs.

M. “Mobile home park” means a “mobilehome park” as such term is defined in the Mobilehome Residency Law.

N. “Mobile home park conversion” means (1) the conversion of a mobile home park or any part thereof to another use; (2) the closure of a mobile home park or any part thereof; and (3) the cessation of use of land as a mobile home park.

O. “Mobilehome Residency Law” means California Civil Code Section 798 et seq. as such statute exists at the time of enactment of this chapter or is subsequently amended.

P. “Resident owner” means a person who owns a mobile home in a mobile home park and resides at such mobile home as a principal residence or maintains such mobile home as the primary residence for an immediate family member who occupied the mobile home as a primary residence prior to receiving any notification of the filing of a development application or request for approval of a closure or conversion. This definition also shall include persons subletting their mobile homes pursuant to California Civil Code Section 798.23.5.

Q. “Resident tenant” means a person who rents or leases a mobile home in a mobile home park and resides at such mobile home as the person’s primary residence. (Ord. 1533 § 1 (part), 2009)

5.45.030 Conversion impact report requirement.

A. Whenever an applicant submits any development or permit application to the city the approval of which would result in a mobile home park conversion, as defined herein, the city shall notify the applicant of the requirements of this chapter.

B. Unless a conversion impact report has been approved by the city and a certificate of acceptance has been recorded, no mobile home park owner or authorized representative shall do any of the following:

1. Perform a mobile home park conversion.

2. Display a sign announcing that the mobile home park is closing, may be closing or has been closed.

3. Display a sign announcing a new use for the mobile home park property.

4. Nothing in this section shall be interpreted to preclude any notification to residents as may be required by state law, nor shall this section preclude notification to residents that information is being requested in anticipation of the filing of a development application or request for approval of a closure or conversion. Notification to prospective residents regarding the existence or status of any application or approval process affecting the mobile home park shall not be considered a violation of this section. All notices required by this chapter shall be delivered by certified mail to the occupant and, where different, the registered owner of each unit within the mobile home park. (Ord. 1533 § 1 (part), 2009)

5.45.040 Relocation specialist.

A. The director shall require an applicant to hire a relocation specialist to assist in: providing notification to mobile home owners and residents that a closure or conversion of the mobile home park is being requested through the city; developing the conversion impact report, including relocation proposals for affected mobile home owners and residents; assisting affected residents and owners to identify and secure alternate housing; and assisting residents and owners in the moving process.

B. The applicant shall choose the relocation specialist with the director’s approval. The director’s approval shall be contingent upon verification of professional qualifications demonstrating: familiarity with the region’s housing market; competency in assisting residents to evaluate, select and secure placement in replacement housing; ability to facilitate the moving of residents’ personal property, residential unit, and/or accessories, as appropriate; knowledge of qualifications for and availability of various housing types and programs; ability to assist residents in applying for available housing programs or assistance.

C. The applicant shall pay all costs and expenses incurred by the relocation specialist. (Ord. 1533 § 1 (part), 2009)

5.45.050 Pre-conversion questionnaire.

A. Prior to filing a conversion impact report for city approval, the relocation specialist shall distribute a pre-conversion questionnaire to affected mobile home owners and residents. The affected mobile home owners and residents shall have no less than thirty days from the date of certified mailing to complete the pre-conversion questionnaire.

B. The director shall provide a standard pre-conversion questionnaire for use by the relocation specialist. At a minimum, the pre-conversion questionnaire shall include questions requesting the affected mobile home owners and residents to provide the following information:

1. Whether the individual(s) occupying the unit in the mobile home park space owns, or is the immediate family member of the owner, or rents the mobile home unit and whether the individual owns other mobile home units within the park or any other mobile home park within the city.

2. Length of occupancy in the mobile home unit in the mobile home park.

3. For home owners, the purchase date and purchase price for each mobile home owned and, if non-owner occupied units are rented out, the amount of monthly rental payments received by the owner.

4. The amount and terms of any outstanding mortgage obligation for the mobile home, including the name and mailing address of the lender.

5. Manufacture date, size, and length of occupancy in the mobile home as located in the subject mobile home park.

6. Any mobile home improvements that have been paid for by the mobile home owner or tenant and the costs of such improvements.

7. Any circumstances, including but not limited to job location or disability, which restrict potential relocation areas.

8. Any available, alternate housing opportunities known to the owner or resident that would be acceptable as a relocation option to the individual and approximate costs to accomplish a relocation to the alternate housing.

9. Whether the individual or individuals residing in the unit qualify as a lower, very low or extremely low income household under applicable state law (California Health and Safety Code, Division 31, Part 1, Chapter 2).

10. Any other information the director may deem necessary to facilitate the planning commission’s consideration of appropriate conditions to mitigate the adverse impacts of a park closure or conversion on residents and owners.

C. Prior to or concurrent with the distribution of the pre-conversion questionnaire, the applicant shall provide notice to affected owners and residents of the intention to seek city approval for a closure or conversion of the mobile home park. The notice shall, at a minimum, include an explanation, in general terms, of the nature and timeframes of the proposed closure or conversion, shall advise owners and residents that information will be sought from them to assist in determining appropriate relocation assistance, and shall include a copy of the tenants’ rights under the Mobilehome Residency Law (California Civil Code, Section 789 et seq.), or as those provisions may be amended. The notice shall also include the name, qualifications and contact information for the relocation specialist.

D. Completed pre-conversion questionnaires shall be submitted to the relocation specialist, shall be treated as confidential, and disclosure of information provided therein shall be limited to those individuals and uses necessary to accomplish the purpose of this chapter, including the applicant, as deemed appropriate by the relocation specialist.

E. Neither the completed pre-conversion questionnaire form nor any personal information provided in response thereto shall be considered public information and the city shall not publicly disclose any such information, except as necessary to facilitate the evaluation of the adequacy of the report herein or as may be required by law.

F. Any mobile home resident or owner may decline to provide any information requested, but the planning commission’s determination of the reasonableness of the level of relocation assistance proposed by the applicant will be based on information provided in response to the pre-conversion questionnaire, and the level of assistance deemed reasonable in an individual case may be limited, or the relocation assistance requirement may be eliminated, based on the owner’s or resident’s verified refusal to provide information necessary to make such a determination. (Ord. 1533 § 1 (part), 2009)

5.45.060 Conversion impact report content.

A. Each conversion impact report submitted for city approval shall contain the following, or shall indicate that such information could not be obtained after documented reasonable efforts by the relocation specialist and/or the applicant:

1. Legal description of the mobile home park.

2. Description of any use proposed to replace the mobile home park.

3. Any offers to sell or purchase the mobile home park, including offer dates and whether the proposed purchaser contemplated continuation of the mobile home park use, if known.

4. Timetable for the proposed mobile home park conversion.

5. Number of spaces in the mobile home park and the current rental rate for each space and, if the space is occupied by a park-owned rental unit, the combined rental rate for the space and unit.

6. Name, mailing address, age and disability status of each resident owner and resident tenant having a mobile home in the mobile home park and whether the mobile home constitutes such person’s primary place of residence.

7. Name and mailing address of each absentee owner having a mobile home in the mobile home park.

8. Name and mailing address of each lender having an interest in a mobile home in the mobile home park.

9. Manufacture date, size, length of occupancy and the appraised on-site fair market value of each mobile home as located in the subject mobile home park. “Fair market value” shall be determined assuming the continuation of the mobile home park in a safe, sanitary and well-maintained condition. The appraisal shall be performed by a professional appraiser selected by the director. The applicant shall pay all costs and expenses associated with the appraisal, including any appraisal fees. The applicant shall not be required to provide appraisal information for park-owned units.

10. Estimates from two moving companies, chosen by the applicant with the director’s approval, as to the cost of moving mobile homes, relocatable mobile home improvements, and personal property. The estimates shall include tear-down and set-up costs to establish the home in the new location in substantially the same condition as prior to relocation. “Set-up costs” include the cost of connecting utilities at the new location and the cost of any upgrades required to comply with applicable laws or park rules. No estimate of mobile home relocation and associated set-up and tear-down costs shall be required for any park-owned units.

11. Estimates from two temporary lodging facilities, chosen by the applicant with the director’s approval, as to the cost of providing temporary lodging for resident owners and resident tenants who are unable to complete relocation within one day. Such estimates shall include the anticipated duration of the stay in the temporary lodging facility.

12. Itemization of available mobile home spaces within comparable mobile home parks within a twenty-mile radius within the county. Such itemization shall indicate the rental rate for each space and whether the owner of that mobile home park has agreed in writing to accept affected mobile home owners and residents that are displaced by the mobile home park conversion.

13. Itemization of available comparable housing within a twenty-mile radius within the county. Such itemization shall indicate the purchase price for each equivalent (or better) mobile home or condominium, as well as the rental rate for each equivalent (or better) mobile home, condominium or apartment.

14. Completed pre-conversion questionnaires.

15. Proposed measures to mitigate the adverse impacts of the mobile home park conversion on affected mobile home owners and residents.

16. A copy of any agreement reached with any resident or owner relating to the purchase or relocation of the resident/owner or the provision of relocation assistance. The director may waive the requirement to include any or all of the information required by this section where an affected resident/owner and the applicant have reached a final, mutually acceptable agreement as to the relocation assistance to be provided.

B. The director may require an applicant to include information in the conversion impact report in addition to that specified in subsection A of this section.

C. Nothing in this section shall be interpreted to preclude city approval of proposed impact mitigation measures that include the relocation of a resident or owner to a geographic area beyond the twenty-mile radius specified herein where the terms of such relocation are the product of a mutually acceptable agreement between the applicant and an individual owner or resident. (Ord. 1533 § 1 (part), 2009)

5.45.070 Public hearing regarding conversion impact report.

A. No less than fifteen days prior to the first public hearing regarding the adequacy of the conversion impact report, the applicant shall conduct an informational meeting for the residents of the mobile home park. The meeting shall be conducted on the premises of the park, or other noticed location approved by the director, and the relocation specialist and a city representative shall be present. A copy of the conversion impact report shall be provided to each resident and owner prior to the meeting. The meeting shall address the proposed conversion or closure, the report contents and approval process, the project application process, if a replacement project is proposed, and proposed relocation assistance for displaced mobile home owners and residents. The applicant shall make the relocation specialist available for individual meetings with residents and owners to discuss concerns, relocation limitations, or needs unique to an individual resident or owner.

B. Upon the filing of a complete conversion impact report for city review, the director shall schedule a public hearing before the commission. Notice of the public hearing shall be provided in accordance with subsection C of this section.

C. At least thirty days prior to the hearing date, the director shall perform the following actions:

1. Mail a notice of the public hearing and a copy of the conversion impact report to affected mobile home owners and residents, to the owners of properties within a three-hundred-foot radius of the applicant’s property, and to each lender having an interest in a mobile home in the mobile home park. The notice shall contain a general explanation of the matters to be considered by the commission. The copy of the conversion impact report shall not include the completed pre-conversion questionnaires, which will be considered private information of each responding individual and not subject to public disclosure, but shall include the appraisal of the mobile home owned or resided in by that particular notice recipient.

2. Inform the applicant in writing of the provisions of Civil Code Section 798.56 regarding the applicant’s duty to notify affected mobile home owners and residents of the proposed conversion. Such writing shall specify the manner in which the applicant shall verify that affected mobile home owners and residents have been notified of the proposed conversion.

3. Notify the applicant that s/he shall be required to schedule an informational meeting in accordance with subsection A of this section.

D. The commission shall conduct a public hearing on the conversion impact report at the time and place set forth in the hearing notice. Such hearing shall not be held before the applicant has satisfactorily verified that affected mobile home owners and residents have been notified of the proposed conversion pursuant to Civil Code Section 798.56.

E. The applicant shall pay all costs associated with providing notice, including any publishing and postage expenses. (Ord. 1533 § 1 (part), 2009)

5.45.080 Decision regarding conversion impact report.

A. After the conclusion of the public hearing, the commission shall adopt a resolution approving, conditionally approving or rejecting a proposed conversion impact report. The commission shall approve or conditionally approve a conversion impact report if it finds that the conversion impact report contains, or has been conditioned to contain, reasonable measures to mitigate the adverse impacts of the mobile home park conversion on affected mobile home owners and residents. In considering the reasonableness of any measure to be required hereunder, the commission shall take into account whether a resident is a homeowner or a tenant in the mobile home unit, whether the mobile home is the resident’s primary residence, and the nature (i.e., monthly or longer term lease) and duration of the tenancy in the park.

B. Subject to subsection C of this section, the commission may impose conditions in connection with its approval of a conversion impact report. Such conditions may include, but are not limited to, lump sum payments to affected mobile home owners and residents to mitigate the following expenses, as appropriate to each particular absentee owner, resident owner and resident tenant having a mobile home in the mobile home park, as specified below:

1. The expense of relocating the mobile home to a comparable mobile home park. Assistance with these expenses shall be payable only to a resident or absentee owner of a mobile home in the mobile home park. The amount of such payment shall be based upon consideration of moving, tear-down and set-up costs. “Moving costs” include the cost of moving the mobile home and the cost of moving associated relocatable mobile home improvements, including accessory structures such as awnings, porches and carports or garages. “Set-up costs” include the cost of connecting utilities at the replacement mobile home park and the cost of any upgrades required to comply with applicable laws or park rules to establish the home in the new location in substantially the same condition as prior to relocation.

2. The expense of forfeiting the mobile home. Assistance with these expenses shall be payable only to a resident owner of a mobile home in a mobile home park. The amount of such payment shall be based upon consideration of: (a) the on-site fair market value of the mobile home and associated mobile home improvements in its location within the existing mobile home park; (b) any outstanding mortgage obligation of the owner; (c) the cost of purchasing an equivalent mobile home in a comparable mobile home park together with the expense of assuming tenancy in the comparable park, as specified in subsection (B)(3) of this section; provided, that an owner shall not be entitled to payment for an amount based on more than one of the foregoing criteria. “Fair market value” shall be determined assuming the continuation of the mobile home park in a safe, sanitary and well-maintained condition.

3. The expense of assuming tenancy in a comparable mobile home park. Assistance with these expenses shall be available to resident owners and absentee owners, who are relocating their homes, and resident tenants. The amount of such payment shall be based upon consideration of: (a) moving costs; (b) first month’s rent, last month’s rent and security deposit at the replacement mobile home park; (c) for low and extremely low income residents, the differential between rental rates at the mobile home park being converted and the replacement mobile home park during the first year of relocation.

4. The expense of assuming tenancy in comparable housing. Assistance with these expenses shall be available to resident tenants. The amount of such payment shall be based upon consideration of: (a) moving costs; (b) first month’s rent, last month’s rent, and security deposit at the replacement housing; and (c) for lower, very low, and extremely low income residents, the differential between the rental rate at the mobile home park being converted and the replacement housing during the first year of relocation.

5. The expense of purchasing comparable housing. Assistance with these expenses shall be payable only to a resident owner of a mobile home in a mobile home park as an alternative to the assistance available pursuant to subsection (B)(2) of this section. The amount of such payment shall be based upon consideration of: (a) moving costs; (b) down payment for the replacement housing; and (c) for lower, very low and extremely low income residents, the differential between the space rental rate at the mobile home park being converted and the mortgage payment for the replacement housing during the first year of relocation.

C. The conditions imposed in connection with approval of a conversion impact report shall not exceed the reasonable costs of relocation. Conditions shall only be imposed in order to ensure that the applicant adequately mitigates adverse impacts of the mobile home park conversion on affected mobile home owners and residents.

In imposing conditions, the city shall interpret and apply this chapter in a manner consistent with applicable law and shall not require cumulative forms of relocation assistance from the above options that result in costs to the applicant in excess of the reasonable costs of relocation in light of the circumstances of each affected resident or owner. (Ord. 1533 § 1 (part), 2009)

5.45.090 Application for exemption from relocation assistance obligations.

A. Any applicant for change of use of a mobile home park may, simultaneous with such application, file an application for total or partial exemption from the obligation to provide relocation assistance.

B. If such application is filed, notice of such application, with the information contained therein, and distribution thereof to the owners and residents of the mobile home park, shall be provided with the application for change of use.

C. Any such application shall establish that it is made on either or both of the following bases:

1. That provision for relocation assistance would eliminate substantially all reasonable use or economic value of the property. Such basis may only be established if it is demonstrated that the imposition of such obligations would eliminate the reasonable use or economic value of the property for alternate uses, and that continued use of the property as a mobile home park would eliminate substantially all reasonable use or economic value of the property for reasons not caused or contributed to by the park owner or applicant.

2. That a court of competent jurisdiction has determined in connection with a proceeding in bankruptcy that the closure or cessation of use of said property as a mobile home park is necessary, and that such court has taken further action which would prohibit or preclude payment of relocation assistance benefits, in whole or in part.

D. Any such application made pursuant to subsection (C)(1) of this section shall contain, at a minimum, the following information:

1. Statements of profit and loss from the operations of the mobile home park for the most recent five-year period of the date of the application or request, certified by a certified public accountant. All such statements shall be maintained in confidence as permitted by the California Public Records Act.

2. A statement to support the applicant’s assertion that continued use of the property as a mobile home park necessitates repairs or improvements or both, that are not the result of the park owner or applicant’s negligent failure to properly maintain the property, and that the costs thereof make continuation of the park economically infeasible. This statement must be made under penalty of perjury by a general contractor licensed as such pursuant to the laws of the state of California to certify that such contractor has thoroughly inspected the entire mobile home park; that such contractor has determined that certain repairs and improvements must be made to the park to maintain the park in decent, safe and sanitary condition, and that those certain repairs are not the result of the park owner or applicant’s negligent failure to properly maintain said property; the minimum period of time in which such improvements or repairs must be made; and itemized statement of such improvements and repairs; and the estimated cost thereof of repairs and improvements, if any, due to deferred maintenance separately identified. The applicant shall also submit a statement verified by a certified public accountant as to the necessary increase in rental rates of mobile home spaces within the park within the next five years necessary to pay for such repairs or improvements that are not the result of the park owner or applicant’s negligent failure to properly maintain said property. If the director requires an analysis of the information submitted by the general contractor, the director may procure services of another such licensed general contractor to provide such written analysis, and the cost thereof shall be billed to and payment therefor shall be required from the applicant.

3. The estimated total cost of relocation assistance which would otherwise be required to be provided pursuant to this chapter, which shall be based upon documented surveys, included with the application, of the available mobile home spaces within twenty miles of the mobile home park, residents of the park who are willing to relocate and those who would elect to sell their mobile homes, and the value of the mobile homes in the park.

4. An estimate of the value of the mobile home park by a professional appraiser, approved by the director, if the park were permitted to be developed for the change of use proposed in the application for redevelopment of the park, and as all other uses permitted by the zoning designation of the property, and an estimate of the value of such park, including current sale value of the mobile home park, by such appraiser if use of the property as a mobile home park is continued.

5. The purchase price paid by the applicant to acquire the mobile home park.

6. Such other information which the applicant believes to be pertinent, or which may be required by the director.

E. Any such application filed pursuant to subsection (C)(2) of this section shall be accompanied by adequate documentation as to the title, case number, and court in which the bankruptcy proceeding was held, and copies of all pertinent judgments, orders, and decrees of such court. (Ord. 1533 § 1 (part), 2009)

5.45.100 Certificate of acceptance.

Upon city approval of a conversion impact report, the applicant shall record a certificate of acceptance on the title of the mobile home park property. City approval of a conversion impact report shall not be effective until proof of recordation of a certificate of acceptance has been delivered to the director. The director shall provide the certificate of acceptance form for use by the applicant. (Ord. 1533 § 1 (part), 2009)

5.45.110 Performance of mitigation measures.

The applicant shall fully perform the mitigation measures set forth in, and the conditions imposed in connection with, the approved conversion impact report and such performance shall also be a condition of approval of any concurrent or subsequent development application proposing an alternate or replacement use of the mobile home park property. No affected mobile home owner or resident shall be required to vacate a mobile home space unless the applicant has performed all mitigation measures and conditions of approval applicable to such owner or resident and such performance has been verified by the director. (Ord. 1533 § 1 (part), 2009)

5.45.120 Modification of conversion impact report.

A. The commission may, upon request of applicant and after holding a public hearing, modify the provisions of an approved conversion impact report. A modification may be approved where the commission finds that there has been a change in circumstances, or there is new information that could not have reasonably been known or considered at the time of the original hearing on approval of the conversion impact report.

B. The commission may impose additional conditions as deemed necessary to mitigate any adverse impacts resulting from a modification of an approved conversion impact report.

C. Upon city approval of modification of an approved conversion impact report with additional conditions, the applicant shall record a certificate of acceptance on the title of the mobile home park property. City approval of modification of an approved conversion impact report shall not be effective until proof of recordation of a certificate of acceptance has been delivered to the director. (Ord. 1533 § 1 (part), 2009)

5.45.130 Expiration of conversion impact report.

A. An approved conversion impact report shall expire (1) the thirtieth day after adoption of the resolution of approval, unless proof of recordation of a certificate of acceptance is delivered to the director prior to such date; or (2) one year after delivery to the director of proof of recordation of a certification of acceptance, unless an extension is granted prior to such date pursuant to this section.

B. The commission may, upon request of the applicant and after holding a public hearing, extend the term of an approved conversion impact report. An extension may be granted where the commission finds that expiration of the conversion impact report would constitute an undue economic hardship to the applicant.

C. The commission may impose additional conditions as deemed necessary to mitigate any adverse impacts resulting from an extension. The commission may grant multiple extensions of an approved conversion impact report, not to extend beyond the date of expiration of any other city discretionary approval associated with the mobile home park conversion, but no single extension shall have a duration in excess of one year.

D. Upon city approval of an extension of an approved conversion impact report with additional conditions, the applicant shall record a certificate of acceptance on the title of the mobile home park property. City approval of an extension of an approved conversion impact report shall not be effective until proof of recordation of a certificate of acceptance has been delivered to the director. (Ord. 1533 § 1 (part), 2009)

5.45.140 Nullification of impact report.

A. The commission may, upon request of the director and after holding a public hearing, order an approved conversion impact report null and void. No nullification shall be ordered unless the commission makes either of the following findings:

1. Approval of the conversion impact report was obtained fraudulently.

2. The applicant has failed to comply with the mitigation measures set forth in, or the conditions imposed in connection with, the approved conversion impact report.

B. If a conversion impact report is nullified, then the applicant shall not be entitled to perform the mobile home park conversion until a new conversion impact report is approved in accordance with this chapter. (Ord. 1533 § 1 (part), 2009)

5.45.150 Right of first refusal.

An applicant shall afford affected mobile home owners and residents a right of first refusal to purchase, lease or rent housing that is constructed for sale, lease or rental on the site of the mobile home park proposed to be converted. (Ord. 1533 § 1 (part), 2009)

5.45.160 Appeal.

Any commission decision pursuant to this chapter may be appealed to the city council in accordance with Chapter 1.20 of this code. (Ord. 1533 § 1 (part), 2009)

5.45.170 Processing fees.

Each applicant seeking city approval, modification or extension of a conversion impact report shall pay a nonrefundable application deposit in an amount established by city council resolution. In addition, the applicant shall reimburse the city for all costs, including staff time and attorney’s fees, incurred in processing and reviewing the applicant’s conversion impact report. (Ord. 1533 § 1 (part), 2009)

5.45.180 Building permits.

No building permit shall be issued for conversion of a mobile home park property until the applicant has filed with the director a written statement confirming full performance of the mitigation measures set forth in, and the conditions imposed in connection with, the approved conversion impact report. Such statement shall specify in itemized form the name of each affected mobile home owner and resident and the date and type of relocation assistance provided to such person. The statement shall be executed under penalty of perjury. (Ord. 1533 § 1 (part), 2009)

5.45.190 Exemption.

This chapter shall not apply to any mobile home park conversion resulting from an adjudication of bankruptcy, wherein such action precludes the provision of relocation assistance. (Ord. 1533 § 1 (part), 2009)