Item 7 Staff Report Adopt Ordinance Amending Town Code Section 29.20.805, 29.20.807, and 29.20.820, Regarding Mobile Home Park Conversion, "Findings Upon Consideration of Application," to Implement Housing Element Section 3.5.10 of the General PlanMEETING DATE: 1/4/99
ITEM NO.
COUNCIL AGENDA REPORT
DATE: December 28, 1998
TO: MAYOR AND TOWN COUNCIL
FROM: ORRY P. KORB, TOWN ATTORNEY,
SUBJECT: ADOPT ORDINANCE AMENDING TOWN CODE SECTION 29.20.805, 29.20.807 AND
29.20.820 REGARDING MOBILE HOME PARK CONVERSION, "FINDINGS UPON
CONSIDERATION OF APPLICATION', TO IMPLEMENT HOUSING ELEMENT SECTION
3.5.10 OF THE GENERAL PLAN.
RECOMMENDATION:
1. Adopt ordinance that was introduced at the Council meeting of December 21, 1998.
2. Instruct the Clerk to either:
(a) publish the ordinance within 15 days after adoption, or
(b) publish a summary no more than 15 days after adoption (if summary published before
adoption).
DISCUSSION:
On December 21, 1998 the Council introduced Attachment 1, which amends Chapter 29 of the Town Code regarding
mobile home park conversion, findings upon consideration of application.
Attachments: 1. Ordinance amending Town Code
2. Distribution List
OPK:LMB/wp [N:WTY\A-98-03.TCR]
PREPARED BY: ORRY P. KORB, TOWN ATTORNEY
Reviewed by: R.syManager 'N Finance Revised: 12/28/98 10:08 am
Reformatted: 10/23/95 File# 301-05
ORDINANCE
AN ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING TOWN CODE SECTION 29.20.805, 29.20.807AND 29.20.820
REGARDING MOBILE HOME PARK CONVERSION "FINDINGS UPON
CONSIDERATION OF APPLICATION" TO IMPLEMENT
HOUSING ELEMENT SECTION 3.5.10 OF THE GENERAL PLAN
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS:
SECTION I
Town Code Chapter 29 shall be amend as follows:
Sec. 29.20.805 Definitions.
As used in this division, the following words and phrases shall have the following meanings:
Unit affordability levels. The affordability of mobile home units at time of mobile home
park closure as related to the State index for very low, low, moderate and above moderate
income households. (Very low is 0-50% of the Santa Clara County median income, low
is 51-80% of the median income, moderate is 81-120% of the median income, above
moderate is 120%+ of the median income.)
SECTION II
Section 29.20.807 is added to read as follows:
Sec. 29.20.807. Interpretation of division.
In the interpretation and application of this division, all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the Town; and
(3) Deemed neither to limit nor repeal any other powers granted under state statutes.
SECTION III
Section 29.20.820 is amended to read as follows:
ATTACHMENT 1 1
Sec. 29.20.820. Same - Findings upon consideration of application.
(11) Whether an equivalent number of units available to very low, low and
moderate income households, proportional to unit affordability levels at
the time of mobile home park closure is proposed to replace mobile home
units existing at the time of the closure. Subject to conditions imposed by
the Town, the replacement units may be located on -site or off -site or any
combination thereof but must be located within the Town of Los Gatos.
(12) Whether each of the proposed replacement units will include similar amenities
(e.g. number of bedrooms and bathrooms) as each of the mobile home units
existing at the time of the mobile home park closure.
SECTION IV
This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on
December 21, 1998 and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular
meeting of the Town Council of the Town of Los Gatos on , 1999. This ordinance takes effect
30 days after it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N:\ATY\A-98-03.0R3
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DISTRIBUTION LIST
Ordinance amending Town Code Section 29.20.820 regarding mobile home
park conversion, "Findings Upon Consideration of Application", to implement
housing element section 3.5.10 of the General Plan
Regina Falkner, Community Services Director
Thomas P. Kerr, 3807 Pasadena Avenue, Suite 100, Sacramento, CA 95821
Gerald Mirassou, 607 Galen Drive, San Jose, CA 95123
Clovis Mirassou, 5496 Amby Drive, San Jose, CA 95124
Ann Mirassou, 147 Old Orchard Drive, Los Gatos, CA 95032
Douglas McNelly, 5476 San Felipe Road, Aan Jose, CA 95135
Mark Hansen, 701 N. First Street, San Jose, CA 95112
Jack Cole, 14685-53 Oka Road, Los Gatos, CA 95032
Malcom McNelly, 1020 Lakeshore Boulevard, Incline Village, NV 89451
Jim and BettyJean Rogers, 201 Howes Drive, Los Gatos, CA 95032
Elizabeth Stewart, 124 Edelen Avenue, Los Gatos, CA 95030
Geoff Lamb, P.O. Box 949, Los Gatos, CA 95031
Sandra Foster, 49 Chester St., Los Gatos, CA 95030
Mary -Alice Blice, 484 Woodland Ave., #43, Los Gatos, CA 95030
Vikki & Betsy Recktenwald, 484 Woodland Ave., #25, Los Gatos, CA 95030
Marilyn Boruley, 484 Woodland Ave., #52, Los Gatos, CA 95032
Joyce Byers, 484 Woodland Ave., #32, Los Gatos, CA 95032
Stephen Carlson, 484 Woodland Ave., #66, Los Gatos, CA 95032
Dan Connelly, 484 Woodland Ave., #7, Los Gatos, CA 95032
Kristin Nutting, 484 Woodland Ave., #9, Los Gatos, CA 95032
Susan Kintscher, 484 Woodland Ave., #15, Los Gatos, CA 95032
Jean Morgad, 484 Woodland Ave., #20, Los Gatos, CA 95032
M.G. Bechler, 484 Woodland Ave., #34, Los Gatos, CA 95032
G. Bhulla, 484 Woodland Ave., #48, Los Gatos, CA 95032
K. Bhulla, 484 Woodland Ave., #29, Los Gatos, CA 95032
Anna Marie Ferla, 484 Woodland Ave., #61, Los Gatos, CA 95032
Bruce Thompson, 484 Woodland Ave., #53, Los Gatos, CA 95032
Larry Andreasson, 484 Woodland Ave., #60, Los Gatos, CA 95032
Jack E. Jones, 484 Woodland Ave., #45, Los Gatos, CA 95032
Jewell King, 484 Woodland Ave., #46, Los Gatos, CA 95032
Paula Alves, 484 Woodland Ave., #47, Los Gatos, CA 95032
Leisa & Rick Florendo, 484 Woodland Ave., #16, Los Gatos, CA 95032
N:WTYW-98-032.TCR
ATTACHMENT 2
INTERNAL TRACKING
C ..,.v4PLETE AND INITIAL EACH STL
ACTION
AGENDA ITEM: 7
DESCRIPTION: 4G= 4/17_a
RESRRD NUMBER:c9
DATE
la
LIST IN BOOK
ON DISC? MARIAN'S FORM SENT TO DEPT.
PUBLISH IF REQUIRED -
SUMMARY Y/N
/
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/ )
J
.
DATE of Publication. ///3/77 .
WHEN SIGNATURE AND /s/ COPY (1 EACH) returned,
LIST ON SIGNATURE TRACKING & SEND TO MAYOR
SEND COPIES TO DEPT. DISTRIBUTION LIST 40
Dist. Report Date: NO.of COPIES:
`ii
PROOF OF MAILING SENT: /1/4 /77
V/
SIGN BY CLERK/SEAL
ENTER INTO ECM ORDINANCE/RESOLUTION FILE
POS i
0
PUT OUR /s/ COPY IN OUR FILE.
FILE IN VAULT
SEND FOR CODIFICATION IF ORDINANCE
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TOWN OF LOS GATOS
OFFICE OF THE TOWN CLERK
PROOF OF SERVICE
(by Mail)
I, MarLyn J. Rasmussen, declare:
1. I am over the age of 18 years, not a party to this action, and am employed in the County of Santa Clara at 110
E. Main Street, Los Gatos, California, 95030.
2. I am readily familiar with the Town of Los Gatos' practice for collection and processing of correspondence
for mailing with the United States Postal Service and that correspondence is deposited with the United States Postal Service that
same day in the ordinary course of business.
3. On January 6, 1999 I mailed at Los Gatos, California a true copy of Town Ordinance No. 2055 relating to
the Mobile Home Park Conversion fully paid to the attached list EXHIBIT A:
4. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was
executed on January 6, 1999.
Mar ' a.i 'r ssen, CMC
Executive Assistant/Senior Deputy Clerk
Town of Los Gatos
110 East Main Street
Los Gatos, CA 95032
c:\proof
DISTRIBUTION LIST
Ordinance amending Town Code Section 29.20.820 regarding mobile home
park conversion, "Findings Upon Consideration of Application", to implement
housing element section 3.5.10 of the General Plan
Regina Falkner, Community Services Director
Thomas P. Kerr, 3807 Pasadena Avenue, Suite 100, Sacramento, CA 95821
Gerald Mirassou, 607 Galen Drive, San Jose, CA 95123
Clovis Mirassou, 5496 Amby Drive, San Jose, CA 95124
Ann Mirassou, 147 Old Orchard Drive, Los Gatos, CA 95032
Douglas McNelly, 5476 San Felipe Road, Aan Jose, CA 95135
Mark Hansen, 701 N. First Street, San Jose, CA 95112
Jack Cole, 14685-53 Oka Road, Los Gatos, CA 95032
Malcom McNelly, 1020 Lakeshore Boulevard, Incline Village, NV 89451
Jim and BettyJean Rogers, 201 Howes Drive, Los Gatos, CA 95032
Elizabeth Stewart, 124 Edelen Avenue, Los Gatos, CA 95030
Geoff Lamb, P.O. Box 949, Los Gatos, CA 95031
Sandra Foster, 49 Chester St., Los Gatos, CA 95030
Mary -Alice Blice, 484 Woodland Ave., #43, Los Gatos, CA 95030
Vikki & Betsy Recktenwald, 484 Woodland Ave., #25, Los Gatos, CA 95030
Marilyn Boruley, 484 Woodland Ave., #52, Los Gatos, CA 95032
Joyce Byers, 484 Woodland Ave., #32, Los Gatos, CA 95032
Stephen Carlson, 484 Woodland Ave., #66, Los Gatos, CA 95032
Dan Connelly, 484 Woodland Ave., #7, Los Gatos, CA 95032
Kristin Nutting, 484 Woodland Ave., #9, Los Gatos, CA 95032
Susan Kintscher, 484 Woodland Ave., #15, Los Gatos, CA 95032
Jean Morgad, 484 Woodland Ave., #20, Los Gatos, CA 95032
M.G. Bechler, 484 Woodland Ave., #34, Los Gatos, CA 95032
G. Bhulla, 484 Woodland Ave., #48, Los Gatos, CA 95032
K. Bhulla, 484 Woodland Ave., #29, Los Gatos, CA 95032
Anna Marie Ferla, 484 Woodland Ave., #61, Los Gatos, CA 95032
Bruce Thompson, 484 Woodland Ave., #53, Los Gatos, CA 95032
Larry Andreasson, 484 Woodland Ave., #60, Los Gatos, CA 95032
Jack E. Jones, 484 Woodland Ave., #45, Los Gatos, CA 95032
Jewell King, 484 Woodland Ave., #46, Los Gatos, CA 95032
Paula Alves, 484 Woodland Ave., #47, Los Gatos, CA 95032
Leisa & Rick Florendo, 484 Woodland Ave., #16, Los Gatos, CA 95032
N:\ATY1A-98-032.TCR
fHi4'r 4
ATTACHMENT 2
vc•FICE OF THE TOWN CLERK
ORDINANCES & RESOLUTIONS
ORIGINATING DEPT:
COUNCIL AGENDA DATE:
COUNCIL AGENDA ITEM:
SUBJECT':
Number:
Date of Adopt:
N1Iw02,.1 011i41
'7
RESOLUTION
PUBLICATION REQUIRED~
COUNCIL ACTION:
AYES:
NAYS:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS NAMES:
Number:
Date of Intro:
Date of Adopt:
ZONE CHANGE:
Randy Attaway, Steven •Blanton, Linda Lubeck, Joe Piizynsld,
Mayor (or Chairman) JAN HUTCHINS
ORDINANCE
,205 5
/02 98
1- - 99
ORDINANCES and RESOLUTIONS MUST BE RETURNED TO TOWN CLERK
BY WEDNESDAY AT 12 NOON.
ORDINANCES MUST BE READY FOR IMMEDIATE PUBLICATION
TC: 07: RESOORD
ORDINANCE 2055
AN ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING TOWN CODE SECTION 29.20.805, 29.20.807AND 29.20.820
REGARDING MOBILE HOME PARK CONVERSION "FINDINGS UPON
CONSIDERATION OF APPLICATION" TO IMPLEMENT
HOUSING ELEMENT SECTION 3.5.10 OF THE GENERAL PLAN
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS:
SECTION I
Town Code Chapter 29 shall be amend as follows:
Sec. 29.20.805 Definitions.
As used in this division, the following words and phrases shall have the following meanings:
Unit affordability levels. The affordability of mobile home units at time of mobile home
park closure as related to the State index for very low, low, moderate and above moderate
income households. (Very low is 0-50% of the Santa Clara County median income, low
is 51-80% of the median income, moderate is 81-120% of the median income, above
moderate is 120%+ of the median income.)
SECTION II
Section 29.20.807 is added to read as follows:
Sec. 29.20.807. Interpretation of division.
In the interpretation and application of this division, all provisions shall be:
(1)
(2)
(3)
Considered as minimum requirements;
Liberally construed in favor of the Town; and
Deemed neither to limit nor repeal any other powers granted under state statutes.
SECTION III
Section 29.20.820 is amended to read as follows:
1
Sec. 29.20.820. Same - Findings upon consideration of application.
(11) Whether an equivalent number of units available to very low, low and
moderate income households, proportional to unit affordability levels at the
time of mobile home park closure is proposed to replace mobile home units
existing at the time of the closure. Subject to conditions imposed by the
Town, the replacement units may be located on -site or off -site or any
combination thereof but must be located within the Town of Los Gatos.
(12) Whether each of the proposed replacement units will include similar amenities (e.g.
number of bedrooms and bathrooms) as each of the mobile home units existing at
the time of the mobile home park closure.
SECTION IV
This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos
on December 21, 1998 and adopted by the following vote as an ordinance of the Town of Los Gatos at a
regular meeting of the Town Council of the Town of Los Gatos on January 4, 1999. This ordinance takes
effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Linda Lubeck, Joe Pirzynski,
Mayor Jan Hutchins
NAYS:
ABSENT:
ABSTAIN:
ATTEST:
None
None
None
SIGNED: /s/ Jan Hutchins
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
2
Town Council Minutes January 4, 1999
Redevelopment Agency Los Gatos, California
MOBILE HOME PARK CONVERSION/ORDINANCE 2055 (07.46)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Ordinance 2055 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING TOWN CODE SECTIONS
29.20.805. 29.20.807, AND 29.20.820 REGARDING MOBILE HOME PARK CONVERSION,
"FINDINGS UPON CONSIDERATION OF APPLICATION." TO IMPLEMENT HOUSING
ELEMENT SECTION 3.5.10 OF THE GENERAL PLAN, which was introduced by Council at
a regular meeting held on December 21, 1998. Carried unanimously.
MAIN STREET EAST 210-220-226/HOTEL & RESTAURANT/ORDINANCE 2056 (08.09)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Ordinance 2056 (as it
appears in this evening's desk item before Council) entitled, ORDINANCE OF THE TOWN OF
LOS GATOS AMENDING THE TOWN CODE EFFECTING A ZONE CHANGE FROM C-1
TO C-1-PD FOR PROPERTY AT 210. 220 AND 226 E. MAIN STREET, which was introduced
by Council at a regular meeting held on December 21, 1998. Carried by a vote of 3 ayes. Mr.
Attaway and Mr. Hutchins voted no due to concerns noted in prior record.
STACIA STREET 169/RESIDENTIAL ZONE CHANGE/ORDINANCE 2057 (09.09)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Ordinance 2057 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE
EFFECTING ZONE CHANGE FROM R-1:30,000 (SINGLE FAMILY RESIDENTIAL, 30,000
SQUARE FOOT MINIMUM LOT SIZE) TO R-1:10.000 (SINGLE FAMILY RESIDENTIAL
10,000 SQUARE FOOT MINIMUM LOT SIZE.) which was introduced by Council at a regular
meeting held on December 21, 1998. Carried by a vote of 3 ayes. Mr. Attaway and Mr.
Pirzynski voted no for reasons stated in prior record.
VERBAL COMMUNICATIONS
Council Workshop:
Linda Lubeck, Councilmember, asked that the possibility of holding a Council Workshop be
placed on the January 19, 1999 for discussion.
HEARINGS
LOS GATOS BOULEVARD 15089/COMMERCIAL BUILDINGS
ORDINANCE INTRODUCTION/PUBLIC HEARING (11.09)
Mayor Hutchins stated that this was the time and place duly noted for public hearing to consider
a request for approval of a Planned Development Application to change the zone from R-1:8,
CH, RM:5-12 to CH PD to construct two commercial buildings. Development Application DEV-
98-002. Negative Declaration Application ND-98-0003. No significant environmental impacts
have been identified as a result of this project, and a Negative Declaration is recommended.
Property location: 15089 Los Gatos Boulevard. Property Owner/Applicant: Bill Hirschman
The following people from the audience spoke to this issue:
Bill Hirschman, 1540 Park Moor Ave, San Jose, explained the project to Council and asked for
Council to consider the project favorably.
Jan Olsen, 15189 Lester Lane, addressed safety concerns regarding the access to the project
from Los Gatos Boulevard.
TC: D11: M M010499
2