§ 21.06.040. Condominium conversions.

(a)

Required Findings. The board of supervisors shall not approve a parcel or tract map for a subdivision to be created from the conversion of residential real property into a condominium project, a community apartment project, or stock cooperative project unless it makes all of the findings required by Government Code Section 66427.1.

(b)

Approval of conversion of a rental mobilehome park to resident ownership.

(1)

An application for the conversion of a rental mobilehome park to resident ownership shall be approved only if the review authority finds that:

a.

A survey of resident support has been conducted and the results filed with the county in accordance with the requirements of Section 21.02.050(b) and Government Code Section 66427.5.

b.

A conversion impact report has been completed and filed with the county in accordance with the requirements of Section 21.02.050(b) and Government Code Section 66427.5.

c.

The conversion to resident ownership is consistent with the provisions of Title 21 of the San Luis Obispo County Code.

d.

The conversion is a bona-fide resident conversion pursuant to subsection (b)(2).

e.

There are no physical conditions existing in the mobilehome park that are detrimental to public health or safety, unless: (1) all of the findings required above in subsections (b)(l)a. through (b)(1)d. 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.

(2)

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

a.

More than Fifty Percent Residential Support. The conversion shall be considered a bona-fide resident conversion where the survey of resident support conducted in accordance with Section 21.02.050(b) and Government Code Section 66427.5 shows that more than fifty percent of resident households support the conversion to resident ownership.

b.

Twenty to Fifty Percent Residential Support. Where the survey of resident support conducted in accordance with Section 21.02.050(b) and Government Code Section 66427.5 show that at least twenty percent but not more than fifty percent of 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 decision-maker, is in place to convey the majority of the lots to current residents of the park within a reasonable period of time. The plan shall also include effort(s) on the part of the subdivider to assist both purchasing and non-purchasing households in making a successful transition to resident ownership of the park.

c.

Less than Twenty Percent Residential Support. The conversion shall not be considered a bona-fide resident conversion where the survey of support conducted in accordance with Section 21.02.050(b) and Government Code Section 66427.5 show that less than twenty percent of resident households support the conversion to resident ownership.

(3)

Tenant Notification. The following tenant notifications are required:

a.

Conversion Impact Report. The subdivider shall give each resident household a copy of the conversion impact report required by Section 21.02.050(b) and Government Code Section 66427.5 (b) within fifteen days after completion of such report, but in no case less than fifteen days prior to when the survey of support is conducted and no less than fifteen days prior to the public hearing on the application for conversion. The subdivider shall also provide a copy of the report to any new or prospective residents following the original distribution of the report.

b.

Exclusive Right to Purchase. If the application for conversion is approved, the subdivider shall give each resident household written notice of its exclusive right to contract for the purchase of the dwelling unit and/or space it occupies at the same or more favorable terms and conditions than those on which such unit of space shall be initially offered to the general public.

The right shall run for a period of not less than ninety days from the issuance of the subdivision public report ("white paper") pursuant to California Business and Professions Code 11018.2, unless the subdivider received prior written notice of the resident's intention not to exercise such right.

c.

Right to Continue Residency as Tenant. If the application for conversion is approved, the subdivider shall give each resident household written notice of its right to continue residency as a tenant in the park as required by Government Code Section 66427.5(a).

(Ord. 2636 § 53, 1993; Ord. 2581 § 31, 1992: Ord. 2070 § 9, 1981)

(Ord. No. 3173, § 2, 2-10-09)