CCMIN030210 - Laserfiche WebLink

Mayor Hosterman said this is her discretion and it is her standard operating procedure and to answer to Ms. Ayala's question, she asked staff to explain the review and appeal process for the potential 51 custom home lots for Oak Grove. City Manager Fialho said the item being referended is the City Council approval of the development plan for Oak Grove. The Council also approved design guidelines for 51 custom homes. The description of how those homes would be approved and subsequently appealed to the City Council, as described by Ms. Ayala, is accurate. Councilmember Sullivan questioned who has discretion of having a house approved in the City. Mr. Fialho said initially the Zoning Administrator, which is basically the Planning Department who can approve a house which is consistent with the guidelines. It can be appealed by the Planning Commission, the public or City Council, which is consistent with every other Zoning Administrator approval. Councilmember Sullivan confirmed with Mr. Fialho that all 51 houses can be approved by a Planning Department staff member if not appealed. Councilmember McGovern noted that if someone wants to have a say in any of the houses approved, it must be appealed. Mr. Fialho said the Council approved design guidelines along with the Oak Grove project. The parameter by which a Zoning Administrator can approve a custom home has to be consistent with those design guidelines. If a member of the public, Planning Commission or Councilmember feels different about that approval, they would have to appeal it up through the public process. PUBLIC HEARINGS AND OTHER MATTERS 8. Public Hearing: Further consideration of an appeal of the Planning Commission's denial of an application for a vesting tentative map regarding the conversion of the Vineyard Villa Mobile Home Park and approval of a settlement agreement Former City Attorney, Michael Roush, stated the Vineyard Villa Mobile Home Park is a 208 mobile home park in which residents own their own mobile homes, and the land upon which those homes sit are owned by a park owner. Two or three years ago, the property owner submitted an application to convert the park from a rental property to one in which residents would own their own lot. This is sometimes called a conversion, and for purposes of the Subdivision Map Act, the lots would be considered condominiums. The conversion would not require any physical change to the property and it would not immediately change the senior status of the park nor would rents be changed immediately because of the rent stabilization agreement in place. He said the conversion of rental mobile home parks is governed by the Subdivision Map Act and Government Code Section 66427.5 and this law has a couple of provisions which have been the subject of legal challenge and legislative action. But, essentially, there are two requirements- that the applicant submit a survey of support of the residents and that the applicant submit a report on the economic impact of the conversion on the residents. He said there was some debate as to what both of these terms mean and when the Planning Commission considered the application in February 2009. On appeal, Council considered the application in May and August 2009, and based on the law, had concerns as to whether or not the application had to City Council Minutes Page 3 of 8 March 2, 2010