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Analysis Background On July 21, 1966, UP-3699 was approved for a 24-unit mobile home park. Mobile home parks are no longer permitted in agricultural zones. The mobile home park is a non-conforming use subject to the non- conformity regulations(Section 9-235) of the San Joaquin County Development Title. The mobile home park has been under enforcement action. The Community Development Department and other County agencies determined that the infrastructure of the park had been damaged by a lack of maintenance and repair. For the lawful use of the park to continue, it is necessary for the infrastructure of the park to be remodeled. The remodel of the nonconforming mobile home park requires a Site Approval application. The applicant will also need to contact the State of California's Housing and Community Development Department for a permit application for the mobile home park. On March 13, 2002, the Community Development Department approved Site Approval Application No. SA-01-91 to remodel an existing non-conforming mobile home park. The proposed remodel includes complete septic tank reconstruction with replacement area and reduces the number of mobile home spaces from 24 to 18. On March 25, 2002, Certificate Investment Fund filed an appeal of staffs action with the Community Development Department. Appeal Statement 1 "The basis of this appeal is objection to requirements imposed on this existing, non-conforming use in the Conditions of Approval to the extent that these conditions make demands that are inconsistent with the standards that should apply to an existing, non-conforming use. Without limiting the generality of this objection, applicants specifically object to the condition that the project conform to the elevations required for the 100-year flood plain contained in Condition 2 (Department of Public Works memo dated 1-14-02) and in Condition 4( Mossdale Reclamation District No. 2017 letter dated 1-14-02) to the conditions requiring presently applicable set back requirements contained in Condition 4 to the extent that they purport to apply to previously existing structures, to the position taken in Condition 5 (Manteca-Lathrop Fire District letter dated 1-18-02)that the project meet all current requirements rather than the requirements that applied when the initial nonconforming uses where created, and the requirement in Condition 1(f)(3)for 9 visitor spaces, and the requirement in Condition 1(g)concerning new lighting requirements. "CLARIFCATION: At the time this appeal is made, applicant have not been able to determine the extent to which the Conditions of Approval are acceptable to them. Applicants will be gathering additional facts and meeting with the appropriate agencies to see if some or all of the objections made in this appeal can be withdrawn prior to the hearing on this appeal." Response to Appeal Statement 1 This is the remodeling and reestablishment of a non-conforming use. The structures that are moved are subject to current ordinance requirements. In addition, the project must comply with current Health and Safety laws. Development Title Section 9.235.3(a)(2) states that 'if the nonconforming use is conducted wholly or partially within a structure, the structure devoted to the nonconforming use may be enlarged, extended, or remodeled subject to Site Approval" Therefore, to move the mobile homes or change the layout of the park requires a Site Approval application. Development Title Section 9-235.4(a)(3) states, "should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the zone in which it is located." San Joaquin County SA-01-91\Certificate Investment Fund Community Development Page 3