§ 8213-3. Criteria for approval of conversion application.

(a)

An application for the conversion of a mobilehome park to resident ownership shall be approved only if the decision-maker finds that:

(1)

A survey of resident support has been conducted and the results filed with the Department in accordance with the requirements of Government Code Section 66427.5 and this Chapter;

(2)

A tenant impact report has been completed and filed with the Department in accordance with the requirements of Government Code Section 66427.5 and this Chapter;

(3)

The conversion to resident ownership is consistent with the General Plan, any applicable Specific or Area Plan, and the provisions of Chapters 1 and 2 of Division 8 of the Ventura County Ordinance Code;

(4)

The conversion is a bona fide resident conversion;

(5)

Appropriate provision has been made for the establishment and funding of an association or corporation adequate to ensure proper long-term management and maintenance of all common facilities and infrastructure; and

(6)

There are no conditions existing in the mobilehome park that are detrimental to public health or safety, provided, however, that if any such conditions exist, the application for conversion may be approved if: (1) all of the findings are required under subsections (a)(1) through (a)(5) 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.

(b)

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

(1)

Accordance with Government Code Section 66427.5 and with this Chapter shows that more than fifty (50) percent of resident households support the conversion to resident ownership, the conversion shall be presumed to be a bona fide resident conversion.

(2)

Where the survey of resident support conducted in accordance with Government Code Section 66427.5 and with this Chapter shows that at least twenty (20) percent but not more than fifty (50) percent of the residents 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.

(3)

Where the survey of support conducted in accordance with Government Code Section 66427.5 and with this Chapter shows that less than twenty (20) percent of residents support the conversion to resident ownership, the conversion shall be presumed not to be a bona fide resident conversion.

(Add. Ord. 4382—3/18/08)