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Ord 1758 - ADDING A NEW CHAPTER 4.38 TO THE LOS GATOS ZONING ORDINANCE REGULATING CONVERSION OF MOBILE HOME PARKS TO OTHER USESORDINANCE NO. 7758 AN ORDINANCE OF THE COUNCIL OF THE TOWN OF LOS GATOS ADDING A NEW CHAPTER 4.38 TO THE LOS GATOS ZONING ORDINANCE REGULATING CONVERSION OF MOBILE HOME PARKS TO OTHER USES THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I. MINI ON01 The Town Council hereby does find and declare, that the following conditions and circumstances exist within the Town of Los Gatos and that they make necessary the regulations contained in this ordinance: A. Within the Town of Los Gatos there are approximately 140 mobile homes occupied for residential purposes in 2 mobile home parks. B. The median age of the residents of such mobile homes is 59 years of age, almost twice the median age of the residents of the Town as a whole. C. The mobile homes in Los Gatos are 70 percent owner occupied. Whereas, the number of vacant spaces in mobile home parks in the Town of Los Gatos is less than 5 percent. D. Due to said circumstances, spaces in mobile home parks in the Town rep- resent an important component of the housing stock of the Town, especially for senior citizens and persons of low and moderate income. E. Unless mitigation measures are undertaken, such conversions of mobile home parks would have a substantial adverse economic effect upon their occupants in terms of cost of relocation, scarcity of similar housing within a reasonable proximity to the Town, and the significantly higher cost of other types of housing in the immediate area if such occupants cannot relocate to other mobile home parks. F. It is the policy of the state law, as enunciated in Sections 65863.7 and 66427.4 of the Government Code, that prior to conversion of mobile home parks to other uses, or prior to closure of such parks or cessa- tion of use of the land as a mobile home park, or at the time of filing of a subdivision map for a subdivision to be created from any such conversion, the proponent of change of use must file a report on the impact of such change with the public agency having jurisdiction over the mobile home park, and that such agency have the power to require measures to be undertaken to mitigate the adverse effect of the change upon the residents of such park who would be displaced by such change. G. The Housing Element of the General Plan of the Town provides in Policy Section 3.5.19 that the "Town shall develop special zoning tools to preserve the status quo at the mobile home parks." Implementation Sec- tion 3.6.10 states that, "The Town shall develop an ordinance requiring relocation assistance for any mobile home tenant displaced by actions of the mobile home park owner." H. It is the purpose of the Town Council to enact an ordinance to provide for uniform procedures and standards for reasonable relocation benefits in the case of a closure, conversion or change in use so that the owners and occupants of mobile homes and the owners of mobile home parks understand their rights and responsibilities in such situations. I. This ordinance is intended to apply to both mobile home parks presently in existance in the Town and to all new mobile home parks which may subsequently be opened in the Town. MM SECTION II. Section 2.00.345 of the Zoning Ordinance is amended to read: SEC. 2.00.345 MOBILE HOME (a) A structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35970 of the Vehi- cle Code (as it may be amended). (b) A mobile home, as defined in Section 18008 of the Health and Safety Code (as it may be amended). (c) A manufactured home, as defined in Section 18007 of the Health and Safety Code (as it may be amended). (d) "Mobile home" does not include a recreational vehicle, as defined in Section 799.24 of the Civil Code and Section 18010 of the Health and Safety Code, a commercial coach, or factory -built housing, as defined in Section 19971 of the Health and Safety Code (as they may be amend- ed). SECTION III. Section 2.00.347 is added to the Zoning Ordinance to read: SEC. 2.00.347 MOBILE HOME PARK An area of land where two or more mobile home sites are rented, or avail- able for rent, to accommodate mobile homes used for human habitation, including areas of land zoned or otherwise approved for use as a mobile home park pursuant to this chapter or as defined in Health and Safety Code Section 18214 (as it may be amended). - 3 - SECTION IV. The Los Gatos Zoning Ordinance is amended to add a new Chapter 4.38 to read: Chapter 4.38 Conversions of Mobile Home Parks to Other Uses SEC. 4.38.010: As used in this chapter, the following words and phrases shall have the following meanings: (1) APPLICANT The person(s), firm(s), entity(ies), or corporation(s) applying for a mobile home park conversion permit. If the owner of the controlling interest in a mobile home park is not the applicant, then the applicant must provide evidence of the controlling owner's consent to the filing of the application. (2) CESSATION OF USE OF LAND AS A MOBILE HOME PARK A decision by the owner(s) of a mobile home park to discontinue the use of the property as a mobile home park which was not the result of an adjudication of bankruptcy. (3) CHANGE OF USE The change of the use of a mobile home park for a purpose other than the rental, or the offering for rent, of two or more mobile home sites to accommodate mobile homes for human habitation. "Change of Use" includes, but is not limited to, a change of the park or any portion thereof to a condominium, stock cooperative, or any form of ownership - 4 - wherein spaces within the park are to be sold, and the cessation of all or a portion of the park, whether immediately or on a gradual ba- sis, or the closure of the park. (4) CLOSURE OF A MOBILE HOME PARK To stop or cease providing spaces for lease at a mobile home park ei- ther by voluntary acquisition of existing mobile homes in the park by the owner(s) of the mobile home park or the removal of existing mobile homes by the mobile home owner and failure to lease more than seventy -five percent (75 %) of the vacant spaces to otherwise qualified mobile home owners. (5) COMPARABLE HOUSING Comparable housing shall mean housing which is comparable in floor ar- ea and number of bedrooms to the mobile home to which comparison is being made, which housing meets the minimum standards of the Uniform Housing Code. (6) COMPARABLE MOBILE HOME PARK Comparable mobile home park means any other mobile home park substantially equal in terms of park amenities, rent, proximity to public transportation, shopping, doctors, hospitals and churches, the job market in which a displaced mobile home owner is gainfully employed, proximity to schools if the mobile home owner has school age children, and other relevant factors. (7) CONVERSION IMPACT REPORT A report required by California Government Code Sections 65863.7 and 66427.4 (as they may be amended) and containing the information set forth in Section 4.38.030 of this chapter. - 5 - (8) CONVERSION OF A MOBILE HOME PARK Any change which results in the elimination of any mobile home lot, including the conversion of any long -term lots to short -term lots. A long -term lot is converted to a short -term lot if, subsequent to the adoption of this chapter, any habitable structure not meeting the def- inition of a "mobile home" is moved onto the lot. However, the fol- lowing shall not constitute a conversion of a mobile home park: (a) During any three -year period subsequent to the adoption of this chapter, no more than one lot may be converted to other uses, provided all necessary governmental approvals, including amend- ment to any conditional use permit, is obtained from the Town of Los Gatos. (b) The voluntary sale of existing mobile homes in a park to the Park Owner and the subsequent rental of the mobile home by the Park Owner. (c) A change in ownership to a limited equity cooperative, provided all mobile home owners residing in the mobile home park are offered lifetime leases pursuant to Section 33007.5 of the California Health and Safety Code. (9) ELIGIBLE MOBILE HOME OWNER Means a mobile home owner whose mobile home was located in a mobile home park on the earlier of the following: (a) The date of submittal of a Development Application Form for a mo- bile home conversion permit. (b) The date of filing of a Notice of a Change of Use that the park is undergoing a change of use pursuant to Section 4.38.040, if such notice was filed. WE (10) MOBILE HOME OWNER Means the registered owner(s) of a mobile home, regardless of the num- ber of such owners or the form of such ownership. Any relocation as- sistance payable to an owner of a mobile home shall be deemed paid to all owners of that mobile home when paid to any one of them. (11) MOBILE HOME PARK OWNER Means that person or persons or corporation with the controlling or proprietary interest in the mobile home park. (12) MOBILE HOME SITE Is an area within a mobile home park shown as being occupied by or designated for occupancy by an individual mobile home in the most re- cent aerial photographs of the Town or portions thereof within the records of the Community Services Program Manager. (13) MOBILE HOME SITE - Means when a mobile home site is either unoccupied by a mobile home, or occupied by a mobile home in which no person resides. (14) MOBILE HOME TENANT Is a person who occupies a mobile home within a mobile home park and is not the owner of the mobile home. SEC. 4.38.020 APPLICATION PROCEDURES (1) Any applicant desiring to convert a mobile home park to another use, close a mobile home park, or to cease to use land as a mobile home park shall apply for a Mobile Home Park Conversion Permit by - 7 - submitting a completed application to the Planning Department. The completed application shall include the following: (a) A completed Development Application Form and fee in the amount specified by Resolution. (b) A list of the names and addresses of all mobile home owners occupying a mobile home space within the park as of the date of submitting the Development Application Form. (c) Applications and fees for any other discretionary permits that will be required, including but not limited to zone change, con- ditional use permit and tentative or parcel map. (d) The proposed timetable for conversion of the park. (e) A Conversion Impact Report prepared in accordance with Section 4.38.030. (f) Any other information which may be required by the Town to ensure compliance with this chapter and requirements of State law. (2) Within ten (10) days after receipt of a Development Application Form, the mobile home owners of the affected mobile home park shall be notified by the Planning Department of the receipt of the Development Application, what the applicant is requesting, and a proposed time schedule for consideration of the application. (3) Within thirty (30) days after receipt of all materials required pursuant to Subsection (1)(a -e), the Planning Department shall deter- mine if the application is complete. If the application is not com- plete, the Planning Director shall notify the applicant in writing of the deficiency or deficiencies. The applicant shall correct any M:M deficiencies within sixty (60) days of mailing of the notice by the Planning Director, unless extended by agreement, otherwise the appli- cation shall be deemed to have been abandoned. SEC. 4.38.030: CONVERSION IMPACT REPORT No application shall be deemed complete until a Conversion Impact Report has been prepared as required by this Section. The Conversion Impact Report shall be prepared in the following manner: (1) The Planning Department shall select a consultant to perform a Conversion Impact Report. The applicant shall be notified in writing of the estimated cost of the report and shall deposit that sum with the Planning Department prior to the commencement of any work on the report. The Town will then contract with a consultant for the prepa- ration of the Conversion Impact Report. If at any time during the contract period additional monies are needed to complete the impact report, the applicant will be advised in writing of the amount that is required. Before any additional work is performed on the report, the applicant shall provide the additional sum to the Department. Any ex- cess funds remaining upon completion of the impact report shall be returned to the applicant. (2) Each impact report shall be tailored to address the specific problems and needs of each application and mobile home park. However, each re- port shall contain the following information: (a) A list of names, addresses and mobile home site identification numbers, length of residency in the mobile home park of all persons owning mobile homes within the mobile home park and the names of all mobile home tenants within a period commencing on the earlier of the following dates: (1) The date of Development Application Form. - 9 - (2) The date of filing of a Notice of Change of Use that the park is undergoing a change of use pursuant to Section 4.38.040, if such a notice was filed prior to the applica- tion. (b) For each mobile home within such park: the age of the mobile home (including date of manufacture), mobile home type, width characteristics, size, and the number identifying the mobile home site it occupies. (c) A description of the mobile home park including amenities, the age of the mobile home park, the number of mobile homes existing in the park, the number of mobile homes approved by the condi- tional use permit, and a detailed description and plan of the park as to the landscaping and individual site development. (d) A list of vacant mobile home sites in comparable mobile home parks within a twenty (20) mile radius of the park that is the subject of the application. This information shall include amen- ities offered, rent and terms, policies and restrictions on the type of mobile homes and residents accepted, proximity to public transportation, shopping centers and schools and available job market. If the Town determines that the twenty (20) mile study area does not identify a number of comparable parks with avail- able spaces equal to or greater than the mobile home park identi- fied in the application, the study area shall be expanded until said number of available lots in comparable mobile home parks are identified, but in no case shall the study area extend beyond one hundred (100) miles of the Town. (e) A list of persons, firms and organizations with proven expertise in the fields of housing and relocation of persons displaced from housing. Those listed shall be qualified in assisting mobile home owners in locating replacement housing, rendering financial - 10 - advice on qualifying for various types of housing, explaining the range of housing alternatives available, gathering and presenting to persons needing housing relocation assistance adequate infor- mation as to available housing, and /or being able to transport persons unable to drive to housing alternatives. These lists shall include the names, addresses, telephone numbers, and fee schedules of persons qualified as mobile home movers. The infor- mation shall include an explanation of the services which the housing specialists can provide. (f) A relocation plan, which will include a timetable for implementing the physical relocation of mobile homes, implementation of relocation assistance, and conversion of the park to one or more other uses. (g) The average vacancy rate, mobile home lot lease rates, and tenant rental rates in the affected mobile home park for each of the three (3) years prior to the filing of the application. (h) The number of evictions and the reason(s) for the evictions, in the affected mobile home park during the three (3) years prior to the filing of the application. (i) The estimated reasonable cost of relocating the mobile homes of mobile home owners to be displaced to available lots within the Impact Study Area which are as similar as possible to the currently occupied mobile home lots. The cost of relocating shall include the costs of dismantling, packing, moving, reassembling, rebuilding and unpacking, as necessary, the mobile home, all personal property, skirting, tie -downs and other foun- dation and stabilizing materials, all other associated structures and property. - 11 - (j) A determination on the number of mobile home owners of the af- fected park who are eligible to relocate their mobile homes to a comparable mobile home park. (k) Determine a recommended fair value of each mobile home, and all associated fixed property which cannot be relocated to a compara- ble mobile home park. In determining a recommended fair value, the consultant shall consider the mobile homes in their current location, assuming the continuation of the mobile home park in a safe, sanitary and well- maintained condition and competitive base rates. The analysis shall include both the Blue Book Index price and the "in place" value of each mobile home in the park. The consultant shall specify why the mobile home cannot be relocated to a comparable mobile home park and the basis for determining the recommended value of the mobile home. (1) The availability and cost of alternate housing of comparable size and quality in the Town of Los Gatos. (m) If the proposed change of use is for a residential development, a list of the units, if any, that will be offered to a qualified mobile home owner at below market prices and what the terms of a purchase or lease would include. (n) Any other information which the Town determines is needed to ad- dress the specific issues raised by the application, the Impact Study and in order to implement this chapter. SEC. 4.38.040: OCCUPANCY OF PARK BELOW 75% - FILING OF NOTICE (1) Whenever twenty -five percent (25 %) or more of the total number of mo- bile home sites of a mobile home park are uninhabited for a period of ninety (90) days and such situation was not caused by physical disas- ter, including, but not limited to, fire, flood, storm, earthquake, - 12 - landslide, or by any other condition beyond the control of the owner of the mobile home park, the owner of such park shall file with the Community Services Program Manager a Notice of Change of Use (hereinafter "Notice ") to such effect. The Notice shall be submitted within ten (10) days after the ninety (90) day period has lapsed. For purposes of this chapter, a mobile home site is "uninhabited" when it is either unoccupied by a mobile home or occupied by a mobile home in which no persons reside. The existence of the condition described in this subsection shall be deemed a closure, conversion or cessation of use for purposes of this chapter. (2) Whenever a mobile home owner of a mobile home park has reason to be- lieve that such park is at least twenty -five percent (25 %) uninhabited and that such situation was not caused by physical disaster, includ- ing, but not limited to, fire, flood, storm, earthquake, landslide, or by any other condition beyond the control of the owner of the mobile home park, such mobile home owner may file a written statement to that effect with the Community Services Program Manager. Such statement shall indicate the particular sites that the mobile home owner believes to be uninhabited. Upon receipt of such statement, the Com- munity Services Program Manager shall cause an investigation and inspection to be conducted as to the correctness of such statement. Upon completion of the investigation and inspection, a public hearing before the Town Council shall be conducted as to the correctness of the statement upon not less than thirty (30) days written notice to the owner of the mobile home park, to the person who filed such state- ment, and to all mobile home owners of the mobile home park. At the hearing the owners of the mobile home park and any mobile home owners thereof may present evidence as to the correctness of the statement. At the conclusion of the hearing the Town Council shall make a deter- mination as to whether the statement is or is not correct. - 13 - (3) Upon the filing of a Notice pursuant to Subsection (1) or the making of a determination that the statement is correct or incorrect pursuant to Subsection (2), the Community Services Program Manager shall trans- mit to the owner of the mobile home park a written notice by certified mail, return receipt requested, or by personal service, which notice shall state, if a Notice was filed pursuant to Subsection (1), that the mobile home park is determined to be undergoing a closure, conversion or cessation of use, or, if the determination was made pursuant to Subsection (2), that such park is determined to be undergoing or not to be undergoing a closure, conversion or cessation of use, as the case may be. If the determination was made pursuant to Subsection (2), written notice thereof shall be given to the owners of the mobile home park and the mobile home owner who filed the state- ment. The Community Services Program Manager shall file a copy of such notice. A Notice of Change of Use shall initiate the preparation of a Conversion Impact Report pursuant to Section 4.38.030. The Planning Director shall schedule public hearings before the Planning Commission and Town Council regarding the adequacy of the Conversion Impact Report if it is required. Such hearings shall be scheduled so as to allow adequate time for notice and distribution of the report to mobile home owners and the scheduling of informational meetings pursuant to Section 4.38.050. (4) For purposes of the ensuing sections of this chapter, the owner of a mobile home park whose mobile home park shall have been determined by the Town Council to be undergoing a closure, conversion or cessation of use shall be deemed to be an "applicant" and shall file all re- quired forms and pay all required fees pursuant to Section 4.38.020. - 14 - SEC. 4.38.050 CONVERSION IMPACT REPORT: INFORMATION MEETING(S); NOTICE AND DISTRIBUTION TO HOMEOWNERS AND RESIDENTS (1) A copy of the Conversion Impact Report and this chapter and notice of the dates, times and places of the public hearings on the Conversion Impact Report and the informational meetings required in Subsection (2) shall be transmitted by the applicant to each mobile home owner not less than thirty (30) days prior to the scheduled pub- lic hearings on the Conversion Impact Report either by certified mail, return receipt requested, or by personal service. (2) Not later than fifteen (15) days prior to the scheduled public hearing before the Planning Commission on the Conversion Impact Report, the applicant shall conduct not less than one (1) but not more than three (3) informational meetings for the mobile home owners of the mobile home park regarding the status of the application for closure, conversion or the impending cessation of use, the timing of proposed relocation of eligible mobile home owners, relocation benefits avail- able, and the contents of the Conversion Impact Report. No less than three (3) meetings shall be conducted unless all of the mobile home owners have been able to attend. The meeting(s) shall be conducted on the premises of the mobile home park. A representative of the con- sulting firm that prepared the Conversion Impact Report shall be pre- sent at such meeting or meetings. (3) Not less than ten (10) days prior to the date of the public hearing, the applicant shall cause to be filed with the Planning Department the appropriate information to verify that he /she has complied with the requirements of Subsections (1) and (2). Where such transmittal has been by certified mail, copies of return receipts shall be filed. When such transmittal has been by personal service, the name of each person served and the date of service, the name of the person serving the documents and a written certificate of proof of service shall be - 15 - filed with the Planning Department. In addition, a statement shall be filed with the Planning Department indicating the date, time, and place where the informational meeting(s) was or were conducted. SEC. 4.38.060 HEARING ON APPLICATION (1) Within thirty (30) days following the receipt of a completed applica- tion for a Mobile Home Park Conversion Permit, the application shall be set for public hearing before the Planning Commission. The public hearing shall be opened, conducted, and closed within that thirty -day (30) period. However, an extension or extensions cumulatively total- ing no more than sixty (60) additional days may be granted if mutually agreed to by the Planning Commission and the applicant. (2) At the public hearing, or any continuation of it, all interested par- ties will be allowed to present evidence to the Planning Commission on any aspect of the application. The evidence shall include, but not be limited to, justification for the payment of relocation costs, includ- ing the fair market value of any mobile home, evidence why a mobile home cannot be relocated to a comparable park, and similar informa- tion. (3) In addition to the information /testimony received at the public hear- ing, the Planning Commission shall consider the information set forth in the application. (4) The Planning Commission shall, within thirty (30) days after the close of the public hearing, forward a recommendation to the Town Council. (5) The Planning Commission's recommendation shall be forwarded to the Town Council for consideration. The Town Council may approve, conditionally approve, or deny a Mobile Home Park Conversion Permit involving a proposed change of use (other than simple closure of the - 16 - park or cessation of the use of the land as a mobile home park) pursuant to its inherent, implied and express local land use authority under both state and local law. The Town Council shall not deny, but may approve or conditionally approve a Mobile Home Park Conversion Ap- plication involving the simple closure of the park, or cessation of the use of the land as a mobile home park, with no intended new use other than the closure or cessation, provided the applicant has properly complied with the requirements of this chapter and there is no evidence that the applicant or owner(s) have attempted to evict or otherwise cause the removal of mobile home owners for the purpose of avoiding or reducing payment of relocation assistance. SEC. 4.38.070 FINDINGS The Town Council, in considering an application for a Mobile Home Park Conversion Permit, shall accept and hear evidence, shall consider such evi- dence, and shall make written findings based on such evidence regarding each of the following: (1) Whether the information submitted with the application indicates that the proposed conversion, closure, or cessation of use will have an ad- verse impact upon the mobile home owners of the mobile home park. (2) Whether there will exist at the time of the conversion, closure, or cessation of use, sufficient mobile home space availability within the Town and /or within the area surveyed in the Impact Study to accommo- date the mobile homes to be displaced. (3) Whether the age, type, condition, and style of mobile homes within the park are such that the mobile homes are able to be moved and accepted into other parks within the area surveyed in the Impact Study. (4) Whether the mobile home owner cannot relocate to a comparable mobile home park within the Impact Study Area and justification for that con- clusion. - 17 - (5) What constitutes reasonable costs of relocation. (6) If the proposed conversion is to another residential use, whether the mobile home owners will have first opportunity to purchase, if for sale, or occupy the new units, and whether the construction schedule will result in unreasonably long -term displacements. (7) Whether the proposed conversion is consistent with the Town's General Plan, any applicable specific plan and /or zoning ordinances. (8) Whether the proposed conversion will be detrimental to the public health, safety and general welfare. (9) Whether all reports and notices required by law have been properly prepared and properly served. (10) Whether an applicant should be exempt from providing relocation assis- tance if an application for exemption is submitted under Section 4.38.100. SEC. 4.38.080 CONDITIONS In approving a Mobile Home Park Conversion Permit, the Town may attach rea- sonable conditions in order to mitigate the impacts associated with the conversion, closure, or cessation of use, and the applicant shall enter into an agreement with the Town to ensure those conditions are implemented. However, such conditions shall not exceed the reasonable costs of relocation. Such conditions may include, without limitation, the following: (1) An effective date of termination of tenancy of not less than six (6) months from the date of the approval of the Mobile Home Park Conversion Permit (as required by Civil Code Section 798.56(f)) (as it may be amended) so as to provide sufficient time for the relocation of the mobile homes to other parks. (2) Payment of the amount of relocation assistance to each eligible mobile home owner. (3) Time for payment of relocation assistance. (4) Full payment to each eligible mobile home owner the reasonable costs of relocation, which could include: (a) For mobile home owners who are unable to relocate, a determina- tion of a fair value of their mobile homes based on information contained in the Conversion Impact Report and received at the public hearing. (b) For mobile home owners who relocate within the Study Area, the actual costs of dismantling, moving, reassembling and rebuilding, as necessary, the mobile home, skirting, tie - downs, and other foundation and stabilizing materials, and all other associated structures and property; packing, moving and unpacking all per- sonal property; and in transit costs for meals, lodging and gas. (c) For mobile home owners who relocate their mobile home to a mobile home park outside of the Study Area, or to a location other than a mobile home park, assistance may consist of the estimated cost they would have incurred had they relocated to the closest mobile home park which would accept their mobile home, as determined by the Conversion Impact Report. - 19 - (5) In order to facilitate a proposed conversion, closure, or cessation of use of a mobile home park, the mobile home owners and applicant(s) may agree to mutually satisfactory conditions. To be valid, however, such an agreement shall be in writing, shall include a provision stating that the mobile home owner is aware of the provisions of this chapter, shall include a copy of this chapter as an attachment, shall include a provision in at least ten -point type which clearly informs the mobile home owner that s /he has the right to seek the advice of an attorney of his /her choice prior to signing the agreement with regard to his /her rights under such agreement, and shall be drafted in the form and content otherwise required by applicable state law. SEC. 4.38.090 TERM AND EXTENSION OF PERMIT The Mobile Home Park Conversion Permit shall expire one year from the date of its approval unless twenty -five percent (25%) or more of the mobile home owners receive relocation assistance in accordance with this chapter, or the applicant requests an extension setting forth justification for not having pro- ceeded within the one -year period. No more than two (2) such extensions shall be granted by the Planning Commission. An application must be filed with the Planning Department no less than sixty (60) days prior to the expiration of the Mobile Home Park Conversion Permit or any extension, and the Town Council shall hold a public hearing on the application. Upon completion of the public hear- ing the Town Council shall approve, approve with conditions, or deny the appli- cation. If relocation assistance has not been provided to all eligible mobile home owners in accordance with this chapter within three (3) years of the original date of approval, a new study shall be done in accordance with this chapter. Each year on the anniversary date of the approval of the original Mobile Home Park Conversion Permit, the relocation assistance provided for by the Approving Body shall be increased by an amount equivalent to the increase in the cost -of- living index for the Oakland /San Francisco area published by the - 20 - U.S. Department of Labor. The index shall be for the quarterly period closest to the anniversary date of the Permit. SEC. 4.38.100 APPLICATION FOR EXEMPTION FROM RELOCATION ASSISTANCE OBLIGATIONS An applicant for a Mobile Home Conversion Permit may file simultaneously with that application an application for total or partial exemption from the obligation to provide relocation assistance in accordance with this chapter. The owner of a mobile home park may also file such an application for exemption not later than thirty (30) days from the date of transmittal of the Notice of Change of Use by the Community Services Program Manager pursuant to Section 4.38.040(3)• (1) If such application is filed, notice of such application shall be accomplished pursuant to Section 4.38.050(1). Any such application shall state that it is made on either or both of the following bases: (a) That imposition of the full relocation obligations would elimi- nate substantially all reasonable use or economic value of the property. Such basis may only be established if it is demon- strated that the imposition of such obligations would eliminate the reasonable use or economic value of the property for alter- nate uses, and that continued use of the property as a mobile home park would eliminate substantially all reasonable use or ec- onomic value of the property. A statement of facts supporting the applicant's claim shall be submitted at the time the applica- tion for exemption is submitted. (b) That a court of competent jurisdiction has determined in connec- tion with a proceeding in bankruptcy that the closure or cessa- tion of use of the affected park as a mobile home park is neces- sary, and that such court has taken further action which would prohibit or preclude payment of relocation assistance benefits, in whole or part. - 21 - (2) Any such application made pursuant to Subsection (1)(a) shall contain, at a minimum, the following information: (a) Statements of profit and loss from the operations of the mobile home park for the most recent five -year period of the date of the application or request, certified by a certified public accoun- tant. (b) If the applicant contends that continued use of the property as a mobile home park necessitates repairs or improvements or both, and that the cost thereof makes continuation of the park economically unfeasible, a statement made under penalty of perju- ry by a general contractor licensed as such pursuant to the laws of the State of California, certifying that such contractor has thoroughly inspected the entire mobile home park; that such contractor has determined that certain repairs and improvements must be made to the park to maintain the park in a decent, safe and sanitary condition; the minimum period of time in which such improvements or repairs must be made; an itemized statement of such improvements and repairs; and the estimated cost thereof. The applicant shall also submit a statement verified by a certi- fied public accountant as to the necessary increase in rental rates of mobile home sites within the park within the next five (5) years necessary to pay for such repairs or improvements. If the Community Services Program Manager requires an analysis of the information submitted by the general contractor, the manager may procure the services of another such licensed general contractor to provide such written analysis, and the cost thereof shall be borne by the applicant. (c) Such other information which the applicant believes to be perti- nent or which may be required by the Town. - 22 - (3) Any such application filed pursuant to Subsection (1)(b) shall be accompanied by adequate documentation as to the title, case number, and court in which the bankruptcy proceeding was held, and copies of all pertinent judgments, orders, and decrees of such court. SEC. 4.38.110 PAYMENT OF RELOCATION ASSISTANCE BENEFITS - PREREQUISITE TO ISSUANCE OF BUILDING PERMIT TO REDEVELOP PARK No building permit shall be issued for the development of any real property that has been or is being converted from a mobile home park pursuant to this chapter unless and until the applicant or the owner of the property, as the case may be, who is responsible for payment of any required monetary relocation assistance, shall have filed with the Community Services Program Manager a verified statement made under penalty of perjury that relocation assistance payments required pursuant to this chapter have been paid. Such statement shall specify in itemized form each payee, the amount paid, the date of pay- ment, and the type of relocation or other assistance for which each such pay- ment was made. SF.CTTnM V Section 5.60.010 of the Zoning Ordinance is amended to read: SEC. 5.60.010 PLANNING DIRECTOR The Planning Director: (1) Prescribes all forms and contents of applications. (2) Keeps all records of Planning Commission, Development Review Commit- tee, Planning Director and Planning Department work, except records transmitted to the Town Council and retained by the Town Clerk. (3) Investigates applications. (4) Gives all notices except notices of proceedings of the Town Council. - 23 - (5) Prepares Committee and Commission agendas, sets Committee and Commis- sion hearing dates (subject to the requirements of this ordinance) and establishes filing deadlines. (6) Issues permits for temporary sales of Christmas trees and pumpkins, use and occupancy certificates, horse permits and amateur horse events, home occupations and sign permits. (7) Determines revocations or modifications of animal permits and home oc- cupation permits. (8) May refer any matter assigned by ordinance to him for decision to the Commission for decision. (9) Determines applications for sign approval when action is not required of the Council or Commission. (10) Determines applications for tree permits upon recommendation by the Director of Parks, Forestry and Maintenance Services to the extent provided by Section 3.20.065. (11) Determines applications for Section 3.65.020 demolition permits. (12) Where action is based on an application or notice of appeal, prepares a written notification of all determinations, except determinations by the Council, and sends the notifications to all applicants and appellants. (13) Prepares and sends notifications required by statute to the County As- sessor. (14) Notifies applicants of hearings. (15) Keeps records of nonconforming signs and mails notices to owners of such signs. - 24 - (16) Corrects zoning map. (17) Keeps lists of nonconforming uses and buildings. (18) Reviews applications for construction permits for ordinance compli- ance. (19) Determines parking requirements for uses whose parking requirements are not specified. (20) Keeps records of those properties which have utilized parking district exemptions. (21) Determines applications for expansion of nonconforming one or two - family dwellings. (22) Reviews all required parking lot screening. (23) May approve lower walls around required trash enclosures. (24) Chairs the Development Review Committee. (25) Assists in the writing of ordinances. (26) Determines whether lots have merged. (27) Jointly with the Building Official and the Town Engineer determines parking lot permits as provided by Section 3.42.120. (28) Determines initial applications, any applications for time extensions and applications for remodeling or reconstruction for secondary dwelling unit permits. (29) Determines application for plumbing fixtures in accessory buildings. (30) Those duties as described in Chapter 4.38 of the Zoning Ordinance. - 25 - SECTION VI. Section 5.60.090 is added to the Zoning Ordinance to read: SEC. 5.60.090 COMMUNITY SERVICES PROGRAM MANAGER (1) Those duties as described in Chapter 4.38 of the Zoning Ordinance. SECTION VII. Section 5.60.200 of the Zoning Ordinance is amended to read: SEC. 5.60.200 PLANNING COMMISSION (1) May initiate general plan amendments and specific plans or amendments. (2) Hears and recommends all proposals for adoption and amendment of the General Plan. (3) Hears and recommends all proposals for adoption and amendment of spe- cific plans. (4) May initiate zone changes and amendments to this ordinance. (5) Hears and recommends proposals for zone changes, prezonings, and amendments to this Ordinance, including those referred to it by the Town Council. (6) Determines whether to hear applications for rezoning made within one year of a similar application. (7) Determines variance applications. (8) Determines Conditional Use Permit applications. (9) Determines applications for Architecture and Site Approval. WIE (10) Determines time extension when it would have had the power to grant the original approval. (11) Determines revocations and modifications of zoning approvals as pro- vided in Section 5.30.120. (12) Determines matters referred to it by the Planning Director. (13) Hears appeals from decisions of the Planning Director. (14) Determines whether to allow all deviations from the standards of this Ordinance which are specifically authorized by this Ordinance except variances, and determines when stricter standards than those generally imposed by this Ordinance but specifically provided for in this Ordi- nance, apply. (15) Determines applications to alter or demolish structures, sites and areas designated, determines whether the Commission must suspend ac- tion on applications to alter or demolish structures, sites and areas designated, under the provisions of Chapter 4.86, or for which desig- nation proceedings are pending. (16) Determines location and adequacy of required open space for residen- tial condominiums in any zone and for multiple family developments in the R -M zone. (17) Determines applications for Section 3.20.060 tree permits. (18) Determines requirements for access to remote areas in the RC and HR zones. (19) Determines applications for neighborhood identification signs, and signs on freestanding walls. (20) Performs any functions required by statute or ordinance but not specifically assigned by this Ordinance. - 27 - (21) Under the provisions of Section 3.10.010 of this Ordinance and Section 66424.2 of the Subdivision Map Act, determines whether lots have merged. (22) Determines whether a nonconforming use is no longer lawful. (23) Determines applications for parking lot permits pursuant to Section 3.42.120. (24) Forwards a recommendation to the Town Council concerning Mobile Home Park Conversion Permit applications. SECTION VIII. Section 5.60.300 of the Zoning Ordinance is amended to read: SEC. 5.60.300 TOWN COUNCIL The Town Council: (1) May initiate and refer general plan amendments and specific plans or amendments to the Planning Commission for recommendation. (2) Hears and determines Planning Commission recommendations for the adoption or amendment of the general plan or any specific plans. (3) Adopts ordinances. (4) May initiate and refer zone changes and amendments to this Ordinance to the Planning Commission for recommendation. Nonsubstantive ordi- nance amendments may, but need not be referred to the Planning Commis- sion. (5) Hears appeals from decisions of the Commission. (6) Determines whether to extend suspension under Section 4.86.170. (7) Determines applications for permits for signs on public property, in- cluding but not limited to community- oriented bulletin boards and kiosks. (8) Determines mobile home park conversion permit applications. SECTION IX. SEVERABILITY If any Section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have passed this Ordinance and each Section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more Sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. SECTION X. EFFECTIVE DATE This ordinance shall become effective thirty (30) days from and after the date of its adoption by the Town Council. SECTION XI. EXEMPTION FROM CEQA The Town Council finds, pursuant to Title 14 of the California Administrative Code, Section 15061, that this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a Project as provided for under Title 14, California Administrative Code, Section 15061(b)(1), and in that it does not have a potential for resulting in - 29 - a physical change in the environment, directly or ultimately, as provided in Title 14, California Administrative Code, Section 15378(a); that it is further exempt under the definition of Project in Section 15378(b) in that it concerns general policy and procedure making; and that the Council directs that Notice of Exemption to be filed with the County Clerk and with the Secretary for Resources. This ordinance takes effect 30 days after the date it is adopted. Within 15 days after this ordinance is adopted the Town Clerk shall cause it to be published once in a newspaper of general circulation published and circulated in the Town. This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on July 18 1988 and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council on August 1 , 1988. AYES: COUNCIL MEMBERS Joanne Benjamin, Thomas J. Ferrito, & Brent Ventura NOES: COUNCIL MEMBERS Robert L Hamilton ABSTAIN: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS ATTEST: SECTION XII. None Eric D. Carlson SIGNED: VI -MAYOR OF THE TOWN LOS GATOS DEPUTY CLERK OF THE OWN 0 LOS GATOS CSD:MOBILE ORD - 30 -