PC 04/09/97 - Laserfiche WebLink

~ History on the land use: Staff advised that this land was annexed into the City in 1963 and there was a mobile home park on the site at that time. Absent of any zoning records from that time, staff assumes it was an accepted land use at the time of annexation. Based on that, the ordinance specifies this as a pre-existing legal non-conforming use. There was never a use permit granted from the City of Pleasanton. In cases of legal non-conforming uses, they may continue, but they cannot be enlarged or expanded. Expansion or enlargement would require a conditional use permit, which is the reason for Mr. Wagner seeking a conditional use permit to add Space 12A. Staff also listed the many alterations that have occurred in the park over the years, all of which have not had the appropriate use permits. Even though Mr. Wagner is not seeking to legalize these changes with this application, the Commission could direct that the park be returned to its status at the time of annexation to the City. There is some discrepancy as to which space is the "extra" space. Staff has determined that at the time of annexation, there were 32 spaces in the park. Whether the extra space is actually 12A or 17, staff wanted to make it clear that it is not an issue which space is the additional space. If this application is not approved, it does not mean that Space l2A is the space that must be removed (i.e., requiring the removal of the occupant, Mr. Finn). Staff would only require Mr. Wagner to eliminate one of the currently vacant spaces in order to reduce the number from 33 to 32 spaces. Staff believes the Code's definition of a trailer equates to a mobile home. Further, staff does not feel that a recreational vehicle is the same as a mobile home. However, there is a caveat that once a recreational vehicle is used in a mobile home park for longer than a period of nine months, it does achieve the status of a mobile home. There are some RVs in the park that have achieved mobile home status. Staff has further interpreted that this site is not zoned to allow the property to be used as an RV park; however, the Commission can make the interpretation that the recreational vehicles with duration of less than six months are allowable within the mobile home park. The space rentals were discussed. Mr. Iserson advised that the City entered into a rent control agreement with the mobile home park owners in 1988. At the 1992 agreement renewal, Mr. Wagner did not participate in the agreement. As a result, the City Council adopted an ordinance in 1993 that did apply the conditions of the agreement to mobile home parks that were not party to the agreement. Mr. Iserson stated that as mobile home spaces have become available, the applicant has leased the spaces to recreational vehicles and has apparently taken steps to ensure the RVs don't remain in the park for nine months, therefore they would not be defined as mobile homes and not subject to the rent stabilization ordinance. There are several features of the park that would be difficult to overcome to make the park a legal conforming use. The park is less than the 5 acre minimum size; every space is to have 4,000 sq. ft with 1500 sq. ft of usable open space; the park is to provide a 5,000 sq. ft. recreation area; deficient of adequate landscaping and parking; the unapproved additional space; and the General Plan density of MDR is not consistent with the density in the park at this time. ~ Planning Commission Minutes Page 6 April 9, 1997