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Analysis Background On October 4, 1962; UP 2315 was approved for a 56 unit mobile home park. On April 24, 1969, UP 4714 was approved to expand the mobile home park to 140 units. On June 22, 1978, U-78-67 was approved to expand the mobile home park to the current total of 173 mobile home units. Pursuant to the Subdivision Map Act Section 66426, a Final Map is required for all subdivisions creating 5 or more condominiums. Nonconforming Use When the mobile park was approved and subsequently expanded, under the zoning ordinance in effect at that time, the zoning,;of the parcel was the Interim Protected Agricultural zone (I-PA); a mobile home park was a conditionally permitted use in that zone subject to an approved Use Permit. A mobile home park is currently not a permitted use in the AG-40 zone (Development Title Table 9-605.2). However, pursuant to Development Title Section 9-110.4, a nonconforming use is classified as a use that was legal when it was brought into existence, but does not conform to the current uses allowed or to the performance standards of the zone where it is located. Therefore, the Arbor Mobile Home Park is classified as a nonconforming use in the AG-40 zo0e. The Community Development Department is recommending approval because the proposed project will not increase the density of the parcel as the condominium units will be for existing mobile home units. Also, the proposed condominium project does not change, intensify, or enlarge the existing,.conditionally permitted mobile home park. Subdivision_Map Adt The project proposes to create 173 individual condominium units within an existing 173 unit mobile home park. The applicant h,as stated that the intent of the condominium map is to allow current and future tenants to purchase the newly created condominium spaces in which their mobile homes are located. The Subdivision Map Actahas requirements for subdivision maps establishing condominium projects which are created from the conversion of rental mobile home parks to resident ownership (Section 66427.5). The Subdivision Map.Act requires that each tenant within a mobile horse park must receive written notification of the proposed condominium subdivision 60 days prior to the filing of a tentative map (Map Act Section 66427.1(x)). Furthermore, the subdivider shall be required to avoid the economic displacement of all non purchasing residents, offering to either purchase a condominium unit or to continue residency as a tenant(Map Act Section 66427.5). The applicant has prgvided the Community Development Department with written verification that the residents of the Arbor,Mobile Home Park have received proper and timely notification of the proposed subdivision. The notice sent to the residents was dated December 24, 2008 and outlines the intention of the owners to subdivide the mobile home park; the tentative map was filed on April 14, 2009. The notice states that"each current homeowner will have the opportunity to purchase his or her lot and become a landowner, or continue to rent as a tenant" and that"tenants that do not purchase their lots may elect to continue as tenants indefinitely." San Joaquin County,t PA-09000961 Acampo Arbor Limited Community Development Page 3