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Notwithstanding the residents' lack of support for the conversion, staff continues to recommend that the City Council approve the application. The Park owner, relying on case law and some legislative history, maintains that all the Map Act requires is for the owner to obtain a survey of support, not that the survey must demonstrate any particular level of support for the conversion. Although some public entities have argued that the purpose of the statute is to allow conversion only when there is significant support for the conversion, to date there is no case law to support that position. Moreover, even if state legislation were adopted that would set forth a threshold level of support necessary for conversion (or that would more clearly authorize cities and counties to adopt local laws so requiring), this applicant is proceeding under the Map Act as it existed in 2007 —with all its ambiguities and uncertainties —when the owner's application was complete. Due to these uncertainties if the application were denied, staff continues to recommend the City Council uphold the appeal and approve the application for the following reasons. First, for the next ten years, the Park will continue to operate as a rental mobile home Park, subject to the Rent Stabilization Agreement that is now in place. Second, after ten years, when the Park owner proceeds with the conversion and begins marketing lots, no then existing resident will be required to purchase his /her /their lot or be compelled to leave the Park. Those residents who do wish to purchase their lots will have that opportunity. For those who do not wish to purchase their lot, as indicated above, State law does provide reasonable rent control protection for those lower income residents. Those residents who are not lower income could see their rents raised but it would be over a five year period. Over time, of course, the conversion will result in the loss of 208 units of rental housing for seniors but may provide an opportunity for affordable, for sale, senior housing, currently in short supply in the City. In May Council took action to support legislation that would strengthen local control over mobile home conversions and to support other public entities' litigation efforts to exercise more local control over such conversions. Such legislation in now pending in the State legislature and staff hopes it becomes law. Assuming state law changes or case law is decided that will more expressly authorize cities and counties to impose a certain threshold of residential support before approving a conversion such as this, staff may recommend to the Council that such ordinances be adopted. At the moment, however, staff recommends the Council uphold the appeal. S Approv Dolan Michael Roush Nelson ialho Director of Community Development City Attorney City Manager Attachments 1. May 5, 2009 City Council Agenda Report 2. Supplemental Agenda Report Page 3 of 4