Chapter 6.46

MOBILEHOMES AND MOBILEHOME PARKS

Sections:

• 6.46.010 Statutory provisions applicable.

• 6.46.020 Local regulation authorized when.

• 6.46.030 Mobilehome or trailer parking - Consent required when.

• 6.46.040 Using trailers for living or sleeping quarters - Restrictions.

• 6.46.050 Temporary use of trailer for security purposes - Permit - Application.

• 6.46.060 Temporary use of trailer for security purposes - Investigation of permit application.

• 6.46.070 Temporary use of trailer for security purposes - Duration of permit.

• 6.46.080 Temporary use of trailer for security purposes - Permit fee.

• 6.46.090 Appeal from denial of temporary trailer use permit.

• 6.46.100 Temporary use of trailer for security purposes - Renewal of permit.

• 6.46.110 Mobilehome park - Area requirements.

• 6.46.120 Mobilehome park - Fee.

For general provisions defining and setting forth the regulations for mobilehomes and mobilehome parks, see Sections 18000 et seq. of Part 2, Division 13 of the Health and Safety Code of the state, which sections are enforced by the City of San José under the authority of Section 18010 of the Health and Safety Code, and city council Resolution No. 22834, adopted on the date of October 1, 1962.

(Prior code § 6502.1.)

Nothing contained in the provisions of state law, referred to in Section 6.46.010 above, shall prevent the city, within the reasonable exercises of its police power, from prohibiting mobilehomes or mobilehome parks, travel trailers, travel trailer parks, recreational trailer parks, temporary trailer parks or tent camps within all or certain zones of the city, or from adopting rules and regulations by ordinance or resolution prescribing standards of lot, yard or park area, landscaping, walls or enclosures, signs, access and vehicle parking, or from prescribing the prohibition of certain uses for mobilehome parks, travel trailer parks, recreational trailer parks, temporary trailer parks or tent camps. (Prior code § 6502.2.)

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§ 6.46.030

No person shall park any mobilehome, trailer or house car upon any premises within the city, other than authorized mobilehome park, public garage or repair shop, without the written consent of the owner of such premises. (Prior code § 6502.12.)

No person shall use any automobile trailer or house car for living or sleeping quarters in any place in the city, outside of a lawfully operated mobilehome park or auto camp; provided, however, that nothing contained in this section shall be deemed to prohibit bona fide guests of a city resident from occupying a house car or automobile trailer upon residential premises with the consent of the resident, under a permit from the health officer, for a period not to exceed forty-eight hours; nor shall this section be deemed to prohibit the temporary use of a trailer for security purposes in the guarding of commercial, industrial or institutional properties, under a permit issued by the director of neighborhood preservation.

(Prior code § 6502.5; Ord. 21624.)

Any person seeking issuance of a permit for the temporary use of a trailer for security purposes, as set forth in Section 6.46.040, shall file with the director of neighborhood preservation an application which has the following information:

• A. A written request for the permit, stating the applicant's name and address, the use to which the property is being put, the length of time for which a permit is desired, and the circumstances under which the permit is requested;

• B. A copy of a plan, drawn to scale, showing the exact location of the trailer;

• C. Two copies of a rendering or photograph showing the design characteristics of the trailer;

• D. Such additional information as the director of private development shall deem reasonably necessary to determine whether or not the permit shall issue, under the standards set forth below.

• (Prior code § 6502.6; Ord. 21624.)

Upon receipt of an application for a permit under Section 6.46.050, the director of neighborhood preservation shall cause such investigation of the application to be made to determine whether there is a need to require special security arrangements as requested by the applicant. To ascertain whether a permit should issue, the director of neighborhood preservation shall consult with the department of public works; the decision of the director of neighborhood preservation shall be based on the following guidelines:

• A. The director of neighborhood preservation may consider whether circumstances require special security arrangements;

• B. The director of neighborhood preservation may consider both the existing land uses and their design and the potential land uses allowed by current zoning provisions and the general plan;

• C. The director of neighborhood preservation may condition his approval of the permit, where surrounding land uses are incompatible with the proposed temporary trailer location, to criteria such as setbacks from property lines and other locational considerations, buffering landscape, redesign of the exterior of the vehicle under consideration, and other measures to offset incompatible uses; the director of neighborhood preservation may deny an application in which such measures cannot mitigate potential adverse effects;

• D. The director of neighborhood preservation shall deny the request for a permit if

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§ 6.46.120

any of the foregoing standards are not met or if the proposed trailer use does not comply with all other city ordinances, including, but not limited to, sanitation and housing provisions of this Code. (Prior code § 6502.9; Ords. 21624, 21701.)

The director of neighborhood preservation shall not issue a permit for the temporary use of a trailer for security purposes for a period in excess of two years. The director of neighborhood preservation shall establish a recall file for permits issued under Section 6.46.040 to notify applicants of the expiration of the approval period four weeks before such permit expires.

(Prior code § 6502.7; Ord. 21624.)

No permit for temporary use of a trailer for security purposes shall be issued hereunder unless the applicant therefor shall have paid to the license collector the temporary use of trailer permit fee set forth in the schedule of fees established by resolution of council.

(Prior code § 6502.10; Ord. 21285.)

An applicant whose application has been denied by the director of neighborhood preservation shall have the right, within ten days thereafter, to appeal such decision in writing, stating the grounds therefor, to the planning commission. Said commission shall hold a hearing thereon within a reasonable time from and after the date of such appeal; and the decision of said commission thereon shall be final.

(Prior code § 6502.11; Ord. 21624.)

prove a renewal of the permit to temporarily maintain a trailer for security purposes, but only upon a reapplication and reinvestigation in accordance with the provisions of Sections 6.46.050 and 6.46.060. (Prior code § 6502.8; Ord. 21624.)

• A. Every mobilehome park shall be bordered along boundary lines of adjoining properties by closely grown hedges or by fencing not less than six feet in height of such nature as to prevent the passage of persons. There shall be no gate opening on to any adjoining property without the written permission of the owner of said property. Such fence or hedge along borders shall be subject to the building inspector.

• B. Each unit lot in a mobilehome park shall have a minimum area of one thousand square feet with its boundaries indicated by conspicuous markings or demarcation.

• C. Each mobilehome park shall be required to have a recreational area based on the following formula: fifty square feet for each mobilehome unit designated for family use, provided however that the minimum area shall not be less than two thousand square feet.

• (Prior code § 6502.3.)

• A. Every person engaged in the business of operating or maintaining a mobilehome park shall pay the fees set forth in the schedule of fees established by resolution of council.

• B. Every person installing a mobilehome on any site within the city shall pay fees set forth in the schedule of fees established by resolution of council.

(Prior code § 6502.4; Ords. 21025, 21041, 21285.)

At the termination of the approval period, the director of neighborhood preservation may ap-

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