BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 253
                                                                  Page  1

          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