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family park. He noted that when the lots within the park go up for sale, a similar provision restricting the park to senior residents will be included in the CC&R's. Commissioner Narum inquired what would happen in 2017 when the rent stabilization agreement expires and is not renewed and if it is 100 percent certain that it will be still be for seniors once conversion occurs. Mr. Roush replied that if an agreement cannot be reached, an ordinance would be put in place that the park be age-restricted, which he felt would be reasonably defensible; however, there are also Federal housing laws that need to be considered. He noted that the owner has indicated that his intent is to keep the park age-restricted, which would be part of the conversion process, although the conversion has not been expressly conditioned as such. Commissioner Narum inquired if it were possible to condition the park to remain age-restricted. Mr. Roush replied that he did not believe the owner would have any objection to that. Commissioner Narum noted that the tenant impact report and the minutes from January 8, 2009 quoted Ms. Forbath in several places as stating that the rent structure will change. Commissioner Narum added that she did not see a discussion in the impact report of what that means and inquired if it needs to be included. Mr. Roush replied that he believed Ms. Forbath was referring to the fact that residents would no longer be operating under the rent stabilization agreement but under State law instead, which has a different formula for how rents are calculated. He noted that this is addressed in the tenant impact report in Section 4, page 3 under rental rate increases, and on page 4 on non-lower income residents and lower-income residents, describing how rents are calculated. Chair Pearce stated that under Environmental Assessment of the staff report, it states that conversion of a rental mobile home park to a residential subdivision, cooperative, or condominium for mobile homes is exempt from CEQA. She inquired if this was still applicable if the property were not zoned residential. Mr. Dolan replied that from a planner's perspective, CEQA is intended to evaluate the impacts of physical changes on the environment. He noted that because the conversion will not change the environment, that there will be nothing to evaluate on the environment. He added that the limitation that the legislature has imposed on local agencies would suggest that CEQA should not <~pply in these situations. THE PUBLIC HEARING WAS OPENED. Richard Close, Gilchrist & Rutter, stated that they application is governed by State law, enacted in the 1980's at the request of residents. He explained that residents would like EXCERPTS: PLANNING COMMISSION MINUTES, February 25, 2009 Page 5 of 19