BILL ANALYSIS Ó
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
FN: 0001768