HomeMy Public PortalAbout03-1281U ORDINANCE NO. 03-1281U
AN ORDINANCE OF THE CITY OF CARSON AMENDING ARTICLE IX,
CHAPTER 2, OF THE MUNICIPAL CODE CONCERNING RESIDENT
CONVERSIONS OF RENTAL MOBILE HOME PARKS PURSUANT TO
GOVERNMENT CODE SECTION 66474.5
THE CITY COUNCIL OF THE CITY OF CARSON DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1 Section 9201.7.3 is hereby added to Article IX, Chapter 2, of the
Municipal Code to read as follows:
Section 9201.7.3 Mobile Home Park Conversions to Resident Ownership
(a) Purpose and Intent
This Section implements the amendments, effective January 1, 2003, to
Government Code § 66474.5, which require that any conversion of a rental
mobile home park effected pursuant to § 66474.5 be a bona fide resident
conversion and expressly apply to all applications not approved prior to January
1, 2003. This section governs only applications pursuant to Government Code
§66474.5 and does not apply to conversion applications pursuant to §66474.5 that
are initiated by a bona fide resident organization. It shall apply to all applications
not approved prior to January 1, 2003 that are not filed by a bona fide resident
organization.
(b) Definitions
(1) A "bona fide resident organization" is a non-profit corporation,
cooperative corporation, or other entity or organization comprised of 75% of the
spaces in the mobile home park occupied by resident mobile home owners.
(2) A "resident mobile home owner" is one who rents or leases a space in
the park and owns and resides in the mobile home on that space.
(3)A "bona fide resident conversion application,"pursuant to Government
Code §66474.5, is one supported by 75% of the resident mobile home owners in
the Park. Whether an application involves a bona fide resident conversion shall be
determined by one vote per space at the time of the hearing on the application
j required by Government Code §66474.5. The vote shall be by written ballot with
one vote for each space occupied by a resident mobile home owner. If the resident
survey submitted by the applicant pursuant to Government Code §66474.5 meets
that requirement, it will be used for this purpose, but any resident mobile home
owner may change his/her vote by withdrawing his/her prior vote shown on the
survey and submitting a new written one at any time prior to the conclusion of the
hearing.
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Page 2 of 3
(4) A "bona fide resident conversion" shall not be deemed to have
occurred until 50%plus one of the spaces have been sold to resident mobile home
owners.
(c) Applicability of Municipal Code Provisions
(1) A mobile home park shall be subject to all Carson Municipal Code
Sections and all City Ordinances governing the operation of rental mobile home
parks at all times until a bona fide resident conversion has occurred.
(2) An application for a tentative parcel map or tentative tract map shall be
required for any conversion application pursuant to Government Code §66474.5
and that application shall be subject to all the requirements of Article IX, Chapter
2, of the Carson Municipal Code and the California Government Code sections
governing tentative parcel map and tentative tract map applications, as well as the
requirements of§ 66474.5.
(3) In addition to any other application requirements required by Article
IX, Chapter 2, of the Carson Municipal Code, the applicant for conversion of a
rental mobile home park to a resident-owned park shall provide the following
information with the application: an appraisal of the park; an estimate of the price
at which individual spaces will be sold; a soils report; a phase I environmental
report; an engineer's report concerning the condition of park infrastructure and
common facilities and the necessity for any replacements of infrastructure and
common area facilities or major repairs thereto in the next ten (10) years; an
estimate of the cost of maintaining the park's open space areas over the next ten
(10) years; an estimate of all other overhead and operating costs, excluding any
costs arising from the City's Mobile Home Space Rent Control Ordinance over
the next ten years; a termite inspection report for all the common-area buildings;
and information concerning the number of residents in the park who are low-
income persons as defined by the U.S. Department of Housing and Urban
Development. This information may be provided as part of the Tenant Impact
Report required by Government Code § 66474.5 or in separate documents, but all
this information is required before an application can be deemed complete. A
phase II environmental report would also be required as a condition of any
approval of a conversion pursuant this Section.
(4) The application shall be processed pursuant to the requirements of
Article IX, Chapter 2, of the Carson Municipal Code and the hearing on the
application r therein shall be held concurrently with the hearing required by
Government Code §66474.5.
Section 2. Adoption of this Ordinance is not subject to the California
Environmental Quality Act ("CEQA"). The Ordinance provides a procedure for
processing applications for resident conversions of rental mobile home parks to bona fide
resident-owned parks as required by Government Code §66474.5 and the Ordinance
ensures that only bona fide resident conversions can be approved. Thus, any mobile home
Ordinance No. 03-1281(U)
Page 3 of 3
park conversion approved under the Ordinance is analogous to resident-initiated
conversions, which are exempt from CEQA by Public Resources Code §2 1080.8 so long
as they do not involve any expansion of a park and maintain the use of the property as a
mobile home park. In order to expand the park or remove any of it from use as a mobile
home park, additional procedures governed by other portions of the Carson Municipal
Code would be required and those procedures require CEQA compliance. Further,
Government Code §66474.5 protects non-purchasing residents and low-income residents
from economic displacement by regulating the rent increases that may be imposed on
non-purchasing residents after a bona fide resident conversion of the mobile home park,
and the Ordinance ensures that until a bona fide, non-profit resident homeowners'
association is operating the park, the City's Mobile Home Space Rent Control Ordinance
shall apply to the park. Even after conversion occurs, Government Code §66474.5 limits
the rent increases that can be charged to low-income residents to protect them from
economic dislocation.
Passed, Approved and Adopted this 4th day of February, 209T.
O,q W "
May r of the City of Carso
Attest:
A — ,� 4 Approved as to Form
City Clerk
City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON )
I, Helen S. Kawagoe, City Clerk of the City of Carson, California, do hereby certify that the whole
number of members of the City Council of said City is1hree that the foregoing ordinance, being Ordinance
No. 03-1281(U) was duly and regularly adopted by the City Council of said City on an urgency basis at a
regular meeting of said Council, duly and regularly held on the 4th day of February, 2003, and that the same
was passed and adopted by the following roll call vote:
i
i AYES: COUNCIL MEMBERS: Mayor Sweeney, Calas, and Dear
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
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