BILL ANALYSIS Ó
AB 253
Page 1
Date of Hearing: May 1, 2013
ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT
Norma Torres, Chair
AB 253 (Levine) - As Amended: April 24, 2013
SUBJECT : Floating home marinas: conversion: subdivision map
requirements.
SUMMARY : Extends various provisions of law that apply to the
subdivision of mobilehome parks to the subdivision of floating
home marinas. Specifically, this bill :
1)Extends to floating home marinas the same requirements that
apply 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, 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 other floating home marinas;
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 of the city or county
in which the marina is located;
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 another 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;
f) Specifies that these requirements constitute a minimum
standard for local regulation of conversions of floating
home marinas into other uses and do not prevent a local
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agency from enacting more stringent measures; and
g) States that these requirements are not applicable to a
subdivision to be created from the conversion of a rental
floating home marina to resident ownership.
2)Extends to floating home marinas similar requirements that
apply at the time of filing a tentative or parcel map for the
conversion of a rental mobilehome park to resident ownership,
as follows:
a) Requires the subdivider to offer each existing tenant an
option to either purchase his or her condominium or
subdivided unit that will be created by the conversion or
continue residency as a tenant;
b) Requires the subdivider to file a report on the impact
of the conversion upon existing residents;
c) Requires the subdivider to make a copy of the report
available to each resident of the marina at least 15 days
prior to the hearing on the map by the advisory agency or
legislative body of the jurisdiction in which the marina is
located;
d) Requires the subdivider to obtain a survey of support of
residents of the marina for the proposed conversion, which
must be done pursuant to a written ballot and conducted in
accordance with an agreement between the subdivider and a
resident homeowners' association, if any, that is
independent of the subdivider or marina owner.
e) Requires that the results of the survey be submitted to
the local agency upon the filing of the tentative or parcel
map, to be considered in the agency's decision as to
whether to approve, conditionally approve, or disapprove
the map;
f) Allows the local agency to disapprove the map if it
finds that the results of the survey have not demonstrated
the support of at least a majority of the marina's
homeowners;
g) Authorizes local legislative bodies to enact local
regulations to implement the survey requirement; and
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h) Requires that the subdivider be subject to a hearing by
a legislative body or advisory agency, which is authorized
to approve, conditionally approve, or disapprove the map.
3)Extends to floating home marinas the same requirements for
avoiding the economic displacement of nonpurchasing residents
that apply to the conversion of a rental mobilehome park to
resident ownership, as follows:
a) For nonpurchasing residents who are not lower income,
the monthly rent, including any applicable fees or charges
for use of any preconversion amenities, may increase from
the preconversion rent to market levels, as defined in an
appraisal conducted in accordance with nationally
recognized professional appraisal standards, in equal
annual increases over a four-year period; and
b) For nonpurchasing residents who are lower income, the
monthly rent, including any applicable fees or charges for
use of any preconversion amenities, may increase from the
preconversion rent by an amount equal to the average
monthly increase in rent in the four years immediately
preceding the conversion, except that the monthly rent
shall not be increased by an amount greater than the
average monthly percentage increase in the Consumer Price
Index for the most recently reported period.
4)Specifies that the requirement for a parcel map or a tentative
and final map must be waived when at least two-thirds of the
owners of floating homes who are tenants in the floating home
marina sign a petition indicating their intent to purchase the
marina for purposes of converting it to resident ownership,
unless any of the following conditions exist:
a) There are design or improvement requirements
necessitated by significant health or safety concerns.
b) The local agency determines that there is an exterior
boundary discrepancy that requires recordation of a new
parcel map or tentative and final map.
c) The existing parcels that exist prior to the proposed
conversion were not created by a recorded parcel or final
map.
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d) The conversion would result in the creation of more
condominium units or interests than the number of floating
home berths that exist prior to conversion.
5)If a tentative or parcel map is required for a conversion to
resident ownership, prohibits the local agency from imposing
any offsite design or improvement requirements unless these
are necessary to mitigate an existing health or safety
condition, and prohibits the local agency from requiring any
other dedications, improvements, or in-lieu fees.
6)Applies to floating home marinas the existing provision of the
Subdivided Lands Act that exempts the purchase of a mobilehome
park by a nonprofit corporation from the requirement to file a
notice of intention to offer subdivided lands for sale when a
majority of the shareholders or members of the corporation
constitute a majority of the homeowners in the park, a
majority of the members of the board of the corporation are
homeowners of the park, and all members of the corporation are
residents of the park.
7)Applies to floating home marinas the existing provision of the
Subdivided Lands Act that requires the subdivider of a
mobilehome park that is proposed to be converted to resident
ownership to disclose to existing homeowners and residents of
the park, by written notice, the tentative price of the
subdivided interest proposed to be sold or leased.
EXISTING LAW
1)Establishes various requirements under the Subdivision Map Act
related to the conversion of a mobilehome park to another use
(Government Code Section 66427.4).
2)Establishes various requirements under the Subdivision Map Act
related to the conversion of a rental mobilehome park to
resident ownership, including requirements to avoid the
economic displacement of residents who choose not to purchase
their subdivided lot and to conduct a survey or resident
support for the conversion (Government Code Section 66427.5).
3)Exempts from the requirement for a parcel map or tentative and
final map the conversion of a mobilehome park to resident
ownership where two-thirds of the homeowners sign a petition
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indicating their intent to purchase the park, under specified
conditions (Government Code Section 66428.1).
4)Pursuant to the Subdivided Lands Act, requires any person who
intends to offer subdivided lands within California for sale
or lease to file with the Department of Real Estate an
application for a public report consisting of a notice of
intention and a completed questionnaire containing specified
information (Business and Professions Code Section 11010).
5)Exempts from the notice of intention requirement the purchase
of a mobilehome park by a nonprofit corporation whose members
are the residents of the park (Business and Professions Code
Section 11010.8).
1)Requires the subdivider of a mobilehome park that is proposed
to be converted to resident ownership to disclose to existing
homeowners and residents of the park, by written notice, the
tentative price of the subdivided interest proposed to be sold
or leased (Business and Professions Code Section 11010.9).
FISCAL EFFECT : Unknown
COMMENTS :
A floating home marina is similar to a mobilehome park in that
residents typically own their homes but rent the spaces upon
which their homes are installed. Similar to a mobilehome that
has been installed in a park, once a floating home is installed
in a berth it is nearly impossible to move it. Much like the
vast majority of mobilehomes, floating homes are treated like
real property and are subject to property tax. There are five
floating home marinas in California, one small marina in Alameda
County and four in Richardson Bay in Marin County. The Marin
County marinas collectively have about 500 homes.
The Subdivision Map Act includes provisions that govern the
conversion of a mobilehome park to resident ownership, as well
as the conversion of a mobilehome park to another use. The
Subdivided Lands Act also includes provisions related to the
conversion of mobilehome parks to resident ownership. Despite
the similarities between floating home marinas and mobilehome
parks, none of these provisions applies to floating home
marinas. Because the law is silent, local governments have no
guidance on how to handle an application to subdivide a marina.
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AB 253 applies both provisions of the Subdivided Lands act that
relate to mobilehome park conversions and two of the three
provisions of the Subdivision Map Act that relate to mobilehome
park conversions to floating home marinas. The bill creates a
new section of the Subdivision Map Act that applies exclusively
to the conversion of floating home marinas to resident
ownership. The section is nearly identical to the existing
section of the Map Act that applies to the conversion of
mobilehome parks to resident ownership, except that it allows a
local government to disapprove a conversion if a survey of
existing homeowners shows that less than a majority supports the
conversion. For mobilehome parks, current law requires a survey
of resident support, which the local government may consider in
deciding on the conversion application, but provides no further
direction on how the survey is to be used.
The author and sponsor argue that this bill will allow a
homeowners' association to purchase a marina in the event that
the owner wants to sell. Without the ability to subdivide the
marina, it would be nearly impossible for marina residents to
get financing to purchase the marina. Additionally, the author
and sponsor note that the process created in the bill will treat
existing homeowners fairly, whether they want to purchase their
subdivided interest in the marina or remain as a renter.
Double-referral:
This bill was also referred to the Assembly Committee on Local
Government, where it passed on April 10 by a vote of 9-0.
Proposed amendment:
On page 8, line 33, strike "park's" and insert "marina's."
REGISTERED SUPPORT / OPPOSITION :
Support
Floating Homes Association (sponsor)
Marin County Supervisor Kathryn Sears
AB 253
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Opposition
None on file
Analysis Prepared by : Anya Lawler / H. & C.D. / (916)
319-2085