Item 18 Staff Report Consider 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, Zoning Code Amendment A-98-03. ApplicaCOUNCIL AGENDA REPORT
DATE: September 25, 1998
TO: MAYOR AND TOWN COUNC
FROM: TOWN MANAGER
SUBJECT:
MEETING DATE: 10/05/98
ITEM NO. / d
CONSIDER 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 , ZONING
CODE AMENDMENT A-98-03. APPLICANT: TOWN OF LOS GATOS
RECOMMENDATION:
1. Hold public hearing;
2. Close public hearing;
3. Find that the amendment is consistent with the General Plan;
5. Direct Clerk to read title;
6. Waive reading; and
7. Introduce the Ordinance amending Zoning Code Sections 29.20.820 and 29.20.805 (Attachment 1)
BACKGROUND:
On May 18, 1998, the Town Council rejected a proposed amendment to the Town Code regarding the Conversion of
Mobile Home Parks. The Council referred the amendment to the Rent Advisory Committee and General Plan Committee
to address its concerns. On August 12, 1998, the General Plan Committee revised the amendment based on input from
the Rent Advisory Committee and testimony from Mobile Home Park Owners and residents. On September 9, 1998, the
Planning Commission subsequently forwarded a recommendation to the Council for approval of the revised amendment
(See Exhibit F of Attachment 2).
DISCUSSION:
A memorandum from the Rent Advisory Committee summarizing its review of the concerns noted to Council and minutes
from both the General Plan Committee and Planning Commission are attached to the report (See Attachment 6, Exhibit
D of Attachment 2, and Attachment 3, respectively). Additionally, a letter from Gerald E. Mirassou, a mobile home park
owner, is also provided (See Attachment 7).
CONCLUSION:
This Zoning Ordinance Amendment is consistent with the General Plan and actually implements Housing Element Section
3.5.10. The General Plan Committee and Planning Commission recommend that Council adopt the amendment.
PREPARED BY: LEE E. BOWMAN
PLANNING DIRECTOR
Reviewed by: � Attorney O1 Finance
Revised: 9/25/98 8:44 am
Reformatted: 10/23/95
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: ZONING CODE AMENDMENT A-98-03
September 29, 1998
ENVIRONMENTAL ASSESSMENTS:
Is not a project defined under CEQA, and no further action is required.
FISCAL IMPACT:
The Zoning Code amendment will not create a fiscal impact on the Town.
Attachments: 1. Ordinance amending Zoning Ordinance Sections 29.20.820
2. September 9, 1998 Planning Commission report for Amendment A-98-03, dated September 4, 1998
3. Planning Commission minutes from September 9, 1998 meeting
4. April 22, 1998 Planning Commission report for Amendment A-98-03, dated April 16, 1998
5. Planning Commission minutes from April 22, 1998 meeting
6. Rent Advisory Committee memo dated July 8, 1998
7. Letter from Gerald E. Mirassou, received May 6, 1998
8. Letter from Stephen Carlson, received September 28, 1998.
Distribution: Regina Falkner, Community Services Director
Thomas P. Kerr, 3807 Pasadena Avenue Suite 100, Sacramento, CA 95821
Gerald Mirassou, 607 Galen Dr., San Jose, CA 95123
Clovis Mirassou, 5496 Amby Dr., San Jose, CA 95124
Ann Mirassou, 147 Old Orchard Drive, Los Gatos, CA 95032
Douglas McNelly, 5476 San Felipe Rd, San Jose, CA 95135
Mark Hansen, 701 N. First St., 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 Betty Jean 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 95032
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 Feria, 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
LEB:EO
N:1DEV\CNCLRPTSIA-98-3.TC2
ORDINANCE
AN ORDINANCE OF THE TOWN OF LOS GATOS
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
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
Town Code Chapter 29 shall be amend as follows:
DIVISION 8. CONVERSIONS OF MOBILE HOME PARKS TO OTHER USES
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.)
(Ord. No. 1316, S.4.38.010, 6-7-76; Ord. No. 1758, S. IV, 8-1-88)
Sec. 29.20.807. Interpretation of division.
In the interpretation and application of this division, all provisions shall be:
(1) Considered as minimum requirements;
ATTACHMENT 1
(2) Liberally construed in favor of the Town; and
(3)
Deemed neither to limit nor repeal any other powers granted under state statutes
(California Government Code §65863.7 et. seq.).
Sec. 29.20.820. Same - Findings upon consideration of application.
The Town Council , in considering an application for a mobile home park conversion permit,
shall accept and hear evidence, shall consider such evidence, and shall make written findings
based on such evidence regarding each of the following:
29.20.830 of the Zoning Code be amended to read:
(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.
(Ord. No. 1316, S.4.38.010, 6-7-76; Ord. No. 1758, S. IV, 8-1-88)
SECTION II
This ordinance was introduced at a regular meeting of the Town Council of the Town
of Los Gatos on May 18, 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
, 1998. This ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N:\DE V \O RD S1A-9 8-03.0 R2
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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Town Council Minutes October 5, 1998
Redevelopment Agency Los Gatos, California
HEARINGS CONTINUED
LOS GATOS BOULEVARD 15737/MIXED USE COMMERCIAL/PUBLIC HEARING
ORDINANCE INTRODUCTION/RESOLUTION 1998-162 (17.09) CONT.
Motion by Mrs. Benjamin, seconded by Mr. Blanton, to close the public hearing. Carried
unanimously.
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council make the Negative Declaration;
and find that the General Plan Amendment is consistent with the General Plan and Los Gatos
Boulevard Plan. Carried unanimously.
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adopt Resolution 1998-162
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING THE GENERAL PLAN
DESIGNATION FROM LOS DENSITY RESIDENTIAL. 0-5 DWELLING UNITS PER ACRE
TO MIXED USE COMMERCIAL FOR A PROPERTY AT 15737 LOS GATOS BOULEVARD.
Carried unanimously.
Motion by Mr. Hutchins, seconded by Mr. Blanton, to waive the reading of the Proposed
Ordinance. Carried unanimously.
The Town Clerk read the Title of the Proposed Ordinance.
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council introduce Proposed Ordinance
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING
ORDINANCE EFFECTING A ZONE CHANGE FROM R-1:8 (SINGLE FAMILY
RESIDENTIAL) TO CH (RESTRICTED HIGHWAY COMMERCIAL) AT 15737 LOS GATOS
BOULEVARD. Carried unanimously.
MOBILE HOME PARK CONVERSION/APPLICATION FINDINGS/PUBLIC HEARING (18.47)
Consider 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, Zoning Code Amendment A-98-03. Applicant: Town of Los Gatos.
The following people from the audience spoke to this issue:
Larry Andreasson, 484 Woodland Ave #60, he asked for clarification of the relocation rules and
regulations concerning residents.
Sandra Foster, 49 Chester St, noted that the present number of residents at the mobile home
park does not overly impact the district, but that additional living units would have a traffic
impact that would be distressful to the neighborhood.
Jack Jones, 484 Woodland Ave #45, would like to see a rental endorsement letter included in
the ordinance.
Dorothy Shaddock, 116 Towne Terrace #16, noted the need for affordable housing and
contemplated the ability to replace the affordable housing that is presently on this site.
Gerald Mirassou, 607 Galen Drive, San Jose, Bonnie View Mobile Home Park owner, noted that
his letters to the Planning Commission had been omitted from Council's packet. He spoke of
the problems of aging mobile home parks existing under rent and property controls.
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Town Council Minutes October 5, 1998
Redevelopment Agency Los Gatos, California
HEARINGS CONTINUED
MOBILE HOME PARK CONVERSION/APPLICATION FINDINGS/CONT.
Council Comments:
Mr. Hutchins believes that Council has discretion regarding one per one replacement.
Mr. Attaway also supports one per one replacement, but would like to keep the dialogue open.
He would like further discussion on the 12 findings.
Mr. Blanton does not agree with the one per one ratio. How is a renter in a park supported
during a conversion? What is expected of the owners, as private property owners, during the
process? The concerns of economic reality must be recognized as it concerns park deterioration,
and the individual needs of the participants in the process. Ask the Rental Advisory Committee
to agendize a discussion of the Town's existing below market program, and consider the Town
as a participant in the process of trying to meet the housing needs of people that are displaced
due to a mobile home park conversion.
Mrs. Benjamin supports further discussion and dialogue on this subject before any decisions
are made. She suggested that it be sent to RAC to meet and discuss and invite audience
participation in the process.
Mrs. Lubeck asked that directions to the Rent Advisory Committee study the ordinance. She
spoke of written findings to be submitted to Council after considering the public input. She does
not believe the directive is one per one. She spoke of defining affordable units and replacement
units, and noted the existing 12 findings which give Council the flexibility to make informative
decisions.
Speakers continued:
Marilyn Boruley, 484 Woodland Ave #51, asked for clarification of the subject under discussion.
She would like to be prepared with information before the closure takes place.
Michael Abkin, 122 El Olivar, agreed with needed community discussion and consideration for
creative solutions to the issue. He suggested it return to General Plan Committee for further
review. He spoke of diversity of housing and the need of community participation in maintaining
this diversity. He noted the downtown location of this affordable housing. He emphasized the
need for specific findings to accomplish this goal.
Bill Kraus, 484 Woodland Ave #17, member of the Rent Advisory Committee, spoke of the
renters' needs and the clarification of definition of affordability. He also spoke to the issue of
one per one and suggested methods for accomplishing this.
Vikki Recktenwald, 484 Woodland Ave #25, supported the idea of the Town participating in the
process of relocating the park residents.
Geoff Lamb, 58 Chester St, the current number of homes in the area is tolerable, but an
increased number of residences on the mobile home parcel would cause a large traffic impact
and safety issues. He agreed with the one per one ratio, if the developer would be allowed to
put replacement units off site.
Bill Errico, 236 University, reiterated that the issue should return to RAC for a thorough study
with all participants involved.
Sandy Decker, 45 Glen Ridge, noted that there are few houses left to meet the needs of low and
moderate income housing. She suggested that 70% of the present residents be allowed to remain
at this site, and asked if this would be a project that redevelopment funds could be used on.
No one else from the audience addressed this issue.
TC:D10:MM100598
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Town Council Minutes October 5, 1998
Redevelopment Agency Los Gatos, California
HEARINGS CONTINUED
MOBILE HOME PARK CONVERSION/APPLICATION FINDINGS/CONT.
Motion by Mr. Hutchins, seconded by Mrs. Benjamin, that Council close the public hearing.
Carried unanimously.
Further Council Comments:
Mr. Attaway did not feel it was appropriate to make a decision tonight when there were so many
questions raised. He was concerned about the economics of the proposals and needed more
information on costs and funding. He asked to consider the impacts when the one to one ratio
did not make economical sense.
Mr. Hutchins noted that the question before Council tonight were definitions of words. If the
item was to return to the General Plan Committee for consideration he questioned if the larger
issues would be addressed and not just the word definitions.
Mr. Blanton noted the questions from the audience. What about the future? If there is a
conversion what happens to me? He asked that the issue return to RAC and then proceed to
the General Plan Committee to discuss the concerns. That as much of the uncertainties as
possible be addressed. That the tenure of the renter should hold some weight. Conditions
should be spelled out with some precision. That a partnership between the Town, the owner and
the renter be explored.
Mrs. Benjamin felt that the people from the audience were having difficulty understanding the
ordinance and that the RAC should meet and discuss the issues and invite the audience to
participate in the process. She addressed the use of Redevelopment funds in meeting the Town's
housing goals; in meeting the neighborhoods goals of a one to one ratio; and in achieving the
residents goals of remaining in their present location.
Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that this item be sent to the
Redevelopment Advisory Committe first and then be sent to the General Plan Committee to
discuss the overall issues, and then consider if the ordinance should be changed to incorporate
the overall issues. This consideration is to be done for any mobile home park conversion and
will not be site specific. Mrs. Benjamin and seconder removed the motion.
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that (1) this item be sent to the
Redevelopment Advisory Committee for Public Discussion. That (2) Council hold a study
session with the Redevelopment Advisory Committee on the December 7th meeting to review
the information gleaned at the public discussion, and that (3) this item be continued and return
to Council on December 21, 1998. Carried by a vote of 4 ayes. Mr. Hutchins voted no because
the issue seemed too site specific to agree to.
EDELEN AVENUE PERMIT PARKING DISTRICT (20.40)
Mayor Lubeck stated that this was the time and place duly noted to consider report on Edelen
Avenue Permit Parking District.
The following people from the audience spoke to this issue:
Bill Errico, 236 University Ave, asked that the district remain 24 hour and that Council unrestrict
certain portions of the parking lots for all day merchant parking.
Diane Leon, 314 University Ave, owner of hair salon on University Ave. requested car and guest
passes for the businesses within the 24 hour zone.
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