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Municipal Code, Complete - City of Santa Barbara

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C. STAFF REPORT. Any report or recommendation on a proposed conversion <strong>of</strong> a mobilehome or permanent<br />

recreational vehicle park by the Staff to the Planning Commission shall be in writing and a copy shall be sent to the<br />

applicant and to each resident <strong>of</strong> the subject park at least three (3) days prior to any hearing or action on such<br />

conversion by the Planning Commission.<br />

D. IMPACT REPORT AND RELOCATION ASSISTANCE PLAN. A copy <strong>of</strong> the housing and financial<br />

impact report and relocation assistance plan shall be delivered to each permanent resident, as defined in Section<br />

28.78.040E, <strong>of</strong> the subject mobilehome or permanent recreational vehicle park by the applicant a minimum <strong>of</strong> fifteen<br />

(15) days prior to the public hearing and evidence <strong>of</strong> delivery shall be submitted to the Community Development<br />

Department. (Ord. 4269, 1984.)<br />

28.78.070 Findings - Mobilehome and Permanent Recreational Vehicle Park Conversion Permit.<br />

The Planning Commission shall not approve an application for the conversion <strong>of</strong> a mobilehome or permanent<br />

recreational vehicle park unless the Planning Commission finds that:<br />

A. All provisions <strong>of</strong> this Chapter are met and the issuance <strong>of</strong> the conversion permit will not be detrimental to the<br />

health, safety and general welfare <strong>of</strong> the <strong>City</strong>. In making this finding, the Planning Commission shall not consider the<br />

impact <strong>of</strong> the conversion on the <strong>City</strong>'s affordable housing stock.<br />

B. With respect to conversions <strong>of</strong> an existing park to a mobilehome or recreational vehicle subdivision, that the<br />

benefits to be derived from providing increased low-to-moderate cost home ownership opportunities outweigh the<br />

loss <strong>of</strong> rental housing opportunities.<br />

C. In the case <strong>of</strong> conversion to condominiums, the proposed conversion will conform to the <strong>Santa</strong> <strong>Barbara</strong><br />

<strong>Municipal</strong> <strong>Code</strong> in effect at the time <strong>of</strong> approval, except as otherwise provided in this Chapter.<br />

D. The park owner has made reasonable efforts to prepare a relocation assistance program which (i) mitigates<br />

any significant adverse impact on the ability <strong>of</strong> displaced permanent mobilehome or permanent recreational vehicle<br />

park residents to find adequate space in a mobilehome or permanent recreational vehicle park, or (ii) in the event such<br />

a space is not available, provides other reasonable and comparable relocation assistance, and there are sufficient<br />

assurances that the measures in the program will be implemented.<br />

E. In a park where the majority <strong>of</strong> permanent residents have incomes at or below low and moderate levels, as<br />

defined by the federal government and as established by the most recently filed federal income tax returns or some<br />

other document deemed acceptable by the Community Development Department, the Redevelopment Agency for the<br />

<strong>City</strong> <strong>of</strong> <strong>Santa</strong> <strong>Barbara</strong> has been <strong>of</strong>fered the right to purchase the mobilehome or recreational vehicle park at fair<br />

market value, as determined by an independent real property appraiser selected by the Agency, and has declined the<br />

<strong>of</strong>fer or has failed to act on the <strong>of</strong>fer within one hundred eighty (180) days <strong>of</strong> the park owner's mailing to the Agency<br />

a "Notice <strong>of</strong> Intent to Convert". This finding may be waived where the applicant can demonstrate, to the satisfaction<br />

<strong>of</strong> the Planning Commission or <strong>City</strong> Council on appeal, that the applicant has made reasonable efforts to obtain<br />

necessary income information from a majority <strong>of</strong> the permanent residents in the park and has been unable to do so.<br />

F. The applicant has not engaged in coercive action toward the residents, such as an unreasonable rent increase,<br />

after submission <strong>of</strong> the first application for <strong>City</strong> review through the date <strong>of</strong> approval. In making this finding,<br />

consideration may be given to:<br />

1. Rent increases at a rate greater than the rate <strong>of</strong> increase in the Consumer Price Index (Urban Wage<br />

Earners and Clerical Workers, Los Angeles-Long Beach-Anaheim Average, all items, as published by U.S. Bureau <strong>of</strong><br />

Labor Statistics) unless provided for in leases or contracts in existence prior to the submittal <strong>of</strong> the first application<br />

for <strong>City</strong> review, and<br />

2. Any other action by the applicant which is taken against residents to coerce them to refrain from<br />

opposing the issuance <strong>of</strong> the conversion permit including, but not limited to, any violation <strong>of</strong> Chapter 26.04 <strong>of</strong> this<br />

<strong>Code</strong>. An agreement with residents which provides for benefits to the residents after the approval shall not be<br />

considered coercive action.<br />

G. That all notice requirements <strong>of</strong> the <strong>City</strong> and the state have been met.<br />

H. All permanent buildings shall, on the date <strong>of</strong> change <strong>of</strong> use, be in compliance with the exit and occupancy<br />

requirements and the height and area requirements for the type <strong>of</strong> construction and occupancy involved as required by<br />

the California Building <strong>Code</strong> as adopted and amended by the <strong>City</strong>, and other applicable laws. (Ord. 5451, Section 5,<br />

2008; Ord. 4275, 1984; Ord. 4269, 1984; Ord. 3710, 1974, Ord. 2763, 1960; Ord. 2585, 1957.)<br />

528-1 rev. 12/31/10

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