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application. If the project is approved it will allow ownership of the unit space which is currently rented space for those living within the park. The condominium conversion will not change the 55+ years age restriction or the rent stabilization agreement that the Park Owner has with the City. Furthermore, the property owner has agreed to wait at least ten years to record the condominium plan itself and to begin the sale of the individual unit spaces (Condition of Approval No. 4 of Exhibit A in Attachment 1). The Park Owner agreed to this condition as a part of the rent stabilization agreement negotiations that took place in 2007. DISCUSSION SUBDIVISION MAP ACT: The Subdivision Map Act (SMA) sets forth provisions for approving tentative, final, and parcel maps. Conversion of rental mobile home parks to residential ownership is governed by the SMA, in particular Government Code, Section 66427.5, attached as Exhibit D. The Planning Commission must make certain findings, as listed below, before taking action on this application. The scope of the hearing, however, is limited to the issue of compliance with Section 66427.5. This significantly narrows the scope of Planning Commission authority compared to typical subdivision. applications. Staff has listed the findings in bold with staff's response in italics. The subdivider shall obtain a survey of support of residents of the mobile home park for the proposed conversion. (The survey shall be by written ballot, and the results of the survey submitted to the City, to be considered as part of this hearing.) In early 2008, a survey was sent to all residents. A copy of that survey is attached as Exhibit E. City staff and a resident committee negotiated with the Park Owner's representative the wording of the Survey. Residents were provided three options: support for the approval of a future change of ownership of the park to a resident -owned condominium; decline to respond; and do not support the change of ownership. Residents were directed to return the survey directly to the City. The City received 119 responses from the 208 spaces. (Only one response from each space is permitted under Section 66427.5) Of those, 41 were in support, 38 were not in support, and 40 declined to respond. The statute (see Exhibit D) is unclear on what the requirements are, if any, concerning the level of support that the residents must indicate in order for the conversion application to be approved. Attorneys for park owners take the position, with some support from case law, that no particular percentage of residents needs show support in order to approve the application. Others believe that the purpose of the statute is to allow conversion to residential ownership only where a true majority of residents favor such conversion, and, therefore, there must be majority support of the residents in order to approve the conversion. PMCC -2, Vineyard Villa Mobile Home Park Planning Commission Page 4 of 6