BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 253
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 253 (Levine)
          As Amended  June 25, 2013
          Majority vote
           
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          |ASSEMBLY:  |74-0 |(May 23, 2013)  |SENATE: |39-0 |(August 26,    |
          |           |     |                |        |     |2013)          |
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           Original Committee Reference:    L. GOV.  

           SUMMARY  :  Extends the same subdivision requirements that apply  
          to the conversion of mobilehome parks to floating home marinas.   


           The Senate amendments  make several technical, non-substantive  
          changes.

           EXISTING LAW  :

          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.

           AS PASSED BY THE ASSEMBLY  , this bill:  

          1)Extended the same requirements that apply to the subdivision  








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            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)Extended the same requirements that apply to the conversion of  
            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;








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             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)Allowed, 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)Specified the language to be used in the petition regarding  
            the conversion of the floating home marina to resident  
            ownership.

          5)Extended, 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.

           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.

           COMMENTS :  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.

          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  








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          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 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.

          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.

          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.

          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.








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          Analysis Prepared by :    Debbie Michel / L. GOV. / (916)  
          319-3958 


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