San Luis Obispo County |
County Code |
Title 21. REAL PROPERTY DIVISION |
Chapter 21.02. APPLICATIONS, CONTENT, PROCESSING AND TIME LIMITS |
§ 21.02.050. Condominium conversion.
(a)
Condominium Application Materials. In the case of a proposed conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, the names and addresses of each tenant of the subject property shall be submitted by the divider in the format required by the planning department in conformance with Government Code Section 66451.3. In addition, documents required by Government Code Sections 66427.4, 66427.5, 65863.7, 66452.8, and 66452.9 shall also be submitted.
(b)
Application materials for conversion of a rental mobilehome park to resident ownership.
(1)
Applicability. The following provisions shall apply to all conversions of rental mobilehome parks to resident ownership except those conversions for which mapping requirements have been waived pursuant to Government Code Section 66428.1.
(2)
Definition. "Mobilehome park conversion to resident ownership" means the conversion of a mobilehome park composed of rental spaces to a condominium or common interest development, as described in and/or regulated by Government Code Sections 66427.5 and/or 66428.1.
(3)
Application Materials Required. In addition to any other information required by this code and/or other applicable law, the following information is required at the time of filing of an application for conversion of a mobilehome park to resident ownership:
a.
Survey of support. A survey of support shall be submitted that documents the amount of residential support for the proposed subdivision. The survey shall be conducted in compliance with Government Code Section 66427.5(d).
A resident household consists of household member(s) who live in the mobilehome park for two hundred seventy days or more in any twelve-month period, and whose residential address in the mobilehome park can be verified as one that meets at least half of the following criteria:
1.
Address where registered to vote;
2.
Home address on file at place of employment or business;
3.
Home address on file at dependents' primary or secondary school;
4.
Not receiving a homeowner's exemption for another property or mobilehome in this state nor having a principal residence in another state;
5.
DMV license address;
6.
Mailing address;
7.
Vehicle insurance address;
8.
Home address on file with bank account;
9.
Home address on file with IRS;
10.
Home address on file with local club/association membership.
b.
Conversion impact report. A report on the impact of the proposed conversion on residents of the mobilehome park, in compliance with subdivision (b) of Government Code Section 66427.5 The subdivider shall demonstrate that the information contained in the conversion impact report is available to residents at least fifteen days prior to conduct of the survey of support required by subsection (b)(3)(i) above. The conversion impact report shall, at a minimum, include all of the following:
1.
Identification of the anticipated method and timetable for compliance with Government Code Section 66427.5(a), and identification of the number of existing resident households expected to purchase their subdivided units within the first four years after conversion.
2.
A statement detailing the survey of support requirement under Government Code 66427.5 (d) and the use of the survey results by the San Luis Obispo County Review Authority.
3.
A statement specifying the method by which the sales prices of subdivided units will be established, and the specifications of a range of purchase prices that will be applicable to the subdivided units in the mobilehome park, including, but not limited to, the inclusion of any inflation adjustment formula to be utilized.
4.
Identification of the method and anticipated time table for determining the rents for non-purchasing residents pursuant to Government Code Section 66427.5 (f)(1), and identification of the number of resident households likely to be subject to these provisions. This subsection applies to non-purchasing residents who are not lower income households.
5.
Identification of the method for determining and enforcing the controlled rents for non-purchasing households pursuant to Government Code Section 66427.5(f)(2), and identification of the number of resident households likely to be subject to these provisions. This subsection applies to non-purchasing residents who are lower income households.
6.
A statement specifying the number of mobilehome spaces in the park and the rental rate history of each space over the four-year period prior to the filing of the application.
7.
Analysis of the potential for non-purchasing residents to relocate their mobilehomes to other mobilehome parks within San Luis Obispo County.
8.
An engineer's report on the type, size, current condition, adequacy, and remaining useful life of common facilities located within the park, including but not limited to water systems, sanitary sewer, fire protection, storm water, streets, lighting, pools, playgrounds, and community buildings. A pest report shall be included for all common buildings and structures. "Engineer" means a registered civil or structural engineer, or a licensed general engineering contractor.
9.
If the useful life of any of the common facilities or infrastructure is less than thirty years, a statement of the cost of replacing such facilities over their useful life, and the subdivider's plan to provide funding for same.
10.
An estimate of the annual overhead and operating costs of maintaining the park, its common areas and landscaping, including replacement costs as necessary, over the next thirty years, and the subdivider's plan to provide funding for same.
11.
Name and address of each resident and household size.
12.
An estimate of the number of residents in the park who are seniors or disabled. An explanation of how the estimate was derived must be included.
13.
A maintenance inspection report demonstrating compliance with Title 25 of the California Code of Regulations ("Title 25 Report"). Proof of remediation of any Title 25 violations shall be confirmed in writing by the California Department of Housing and Community Development (HCD).
14.
A statement describing any financial assistance that will be made available for residents who purchase their subdivided unit. The statement shall indicate that government assistance is granted only on a competitive basis and is limited to the current supply of available funds.
(4)
Approval of a Mobilehome Park Conversion. The review authority shall use the standards and criteria of Section 21.06.040 when considering the approval of any conversion of a rental mobilehome park into a condominium or common interest development.
(Ord. 2636 § 17, 1993; Ord. 2581 § 12, 1992; Ord. 2070 § 4, 1981)
(Ord. No. 3173, § 1, 2-10-09)