BILL ANALYSIS Ó
AB 253
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Date of Hearing: April 10, 2013
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
K.H. "Katcho" Achadjian, Chair
AB 253 (Levine) - As Amended: March 6, 2013
SUBJECT : Floating home marinas: conversion: subdivision map
requirements.
SUMMARY : Extends the same subdivision requirements that apply
to the conversion of mobilehome parks to floating home marinas.
Specifically, this bill :
1)Extends the same requirements that apply to the subdivision of
a mobilehome park, at the time of filing a tentative or parcel
map from the conversion to another use, to a floating home
marina, as follows:
a) Requires the subdivider to file a report on the impact
of the conversion upon the displaced residents of the
floating home marina to be converted;
b) Requires the report to address the availability of
adequate replacement space in a floating home marina;
c) Requires the subdivider to make a copy of the report
available to each resident of the floating home marina at
least 15 days prior to the hearing on the map by the
advisory agency or legislative body;
d) Allows the advisory agency or legislative body to
require the subdivider to take steps to mitigate any
adverse impact of the conversion on the ability of
displaced floating home marina residents to find adequate
space in a floating home marina;
e) Provides that a local agency may enact more stringent
measures for the conversion of floating home marinas into
other uses and establishes a minimum standard for local
regulation of conversion of floating home marinas; and,
f) States that these requirements are not applicable to
rental floating home marinas.
2)Extends the same requirements that apply to the conversion of
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a rental mobilehome park to resident ownership, at the time of
filing a tentative or parcel map, to rental floating home
marinas, to avoid the economic displacement of all
nonpurchasing residents, as follows:
a) Requires the subdivider to offer each existing tenant an
option to either purchase his or her condominium or
subdivided unit, which is to be created by the conversion
of the marina to resident ownership, or to continue
residency as a tenant;
b) Requires the subdivider to file a report on the impact
of the conversion upon the residents of the floating home
marina;
c) Requires the subdivider to make a copy of the report
available to each resident of the floating home marina, as
specified;
d) Requires the subdivider to obtain a survey of support of
residents of the floating home marina for the proposed
conversion; and,
e) Requires the survey to be conducted in accordance with
an agreement between the subdivider and a resident
homeowner's association, as specified, and gives each
floating home berth one vote.
3)Allows, when at least two-thirds of the owners of floating
homes who are tenants in a floating home marina to sign a
petition indicating their intent to purchase the floating home
marina for purposes of converting it to resident ownership,
the requirement of a parcel map or tentative and final map to
be waived, as specified and if certain conditions are met.
4)Specifies the language to be used in the petition regarding
the conversion of the floating home marina to resident
ownership.
5)Extends, to the purchase of a floating home marina by a
nonprofit corporation, the requirements already applicable to
mobilehome parks, pursuant to the Subdivided Lands Act.
EXISTING LAW :
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1)Requires a tentative map and final map for all subdivisions
creating five or more condominiums, as specified.
2)Requires a subdivider, at the time of filing a tentative or
parcel map for a subdivision to be created from the conversion
of a mobilehome park to another use, to file a report on the
impact of the conversion upon the displaced residents of the
mobilehome park to be converted.
3)Exempts from the requirements of 2) above the conversion of a
rental mobilehome park to resident ownership, and instead,
requires a subdivider for that conversion to avoid the
economic displacement of nonpurchasing residents.
4)Requires the subdivider of a rental mobilehome park to
resident ownership to hold a hearing regarding the impact of
the conversion upon the displaced residents of the park, and
requires the subdivider to offer each existing tenant the
option to purchase his or her condominium unit to be created
by the conversion.
FISCAL EFFECT : Unknown
COMMENTS :
1)This bill builds upon existing provisions in state law that
allow mobilehome parks to convert to residential ownership and
extends them to apply to floating home marinas. This bill is
sponsored by the Sausalito Floating Homes Association.
2)Under existing law for mobilehome parks, a subdivider of a
mobilehome park must submit a tentative map or parcel map to
the local agency for review and approval. The subdivider is
required to avoid the economic displacement of non-purchasing
residents by doing several things: surveying residents about
their support for the conversion, offering each existing
tenant an option to buy his or her lot, filing a report on the
impact of the conversion on residents and making that report
available to residents of the park.
This bill adds the term "floating home marinas" to the
provisions affecting mobilehome park conversions.
Additionally the bill exempts floating home marinas from the
requirement of the filing of a tentative and final map for all
subdivisions creating five or more condominiums, if at least
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two-thirds of the owners of floating homes who are tenants
have applied, as specified, for a waiver, mirroring existing
law that pertains to mobilehome parks. The bill also exempts
from the notice of intention requirement the purchase of a
floating home marina by a nonprofit corporation.
3)A floating home is considered to be real property, not a
vessel. It stays in a permanent location, just like a regular
home, except the location is on the water. A floating home is
subject to property tax and usually is connected to utilities
and other services, such as cable or satellite TV, and
Internet. Many people use floating homes as their principal
residences, just like owners of mobile homes.
In general, most floating home marinas are privately owned and
charge homeowners a monthly berthage fee. The author notes
that most floating home marinas are located in Marin County,
with the exception of a small marina in Alameda County. Four
marinas consisting of nearly 500 floating homes are located in
Richardson Bay in the City of Sausalito.
4)The author and sponsor argue that this bill will allow a
homeowner group to purchase a marina, should an owner want to
sell the marina, thus removing a significant financial barrier
for the floating home tenants should the situation arise in
the future. Without this bill, the author and sponsor argue
that the existing process for floating home tenants to
subdivide is impractical and nearly impossible. Additionally
the author and sponsor note that the process created in the
bill will treat existing homeowners fairly, whether they want
to remain as a renter or not.
5)Support arguments : Supporters argue that this bill grants to
residents of floating homes the same rights and protections
currently afforded to residents of mobile home parks
Opposition arguments : None on file.
6)This bill is double-referred to the Assembly Committee on
Housing and Community Development.
REGISTERED SUPPORT / OPPOSITION :
Support Opposition
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Sausalito Floating Homes Association [SPONSOR]None on file
Kathrin Sears, Supervisor, County of Marin
Analysis Prepared by : Debbie Michel / L. GOV. / (916)
319-3958