HomeMy WebLinkAbout1980-09-10; Planning Commission; Resolution 16901
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PLANNTNG C0MMI'S:S:ION: 'RESOLUTION NO .' 1.6'90
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT TO TITLE 21, TO ESTABLISH A MOBILEHOME PARK ZONE, AND AMENDING CHAPTER 21.42, CONDITIONAL USES, TO DELETE MOBILEHOMES FROM THE PROVISIONS OF THIS CHAPTER. APPLICANT: CITY OF CARLSBAD . 'CAS.E .NO . . . . 'ZCA .1.2.3 . . . . , . . . , , . , , . . . . -. I
WHEREAS, the Planning 'Commission did, on the 10th day of
September, 1980, hold a duly noticed public hearing as prescribed
by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering
all testimony and arguments, if any, of all persons desiring to
be heard, said Commission considered all factors relating to the
Zone Code Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at.the public hearing, the Commission recommends 'APPROVAL of ZCA-123, according to
Exhibit "A" dated September 16,; 1980, and Exhibit I'B" dated
September 3, 1980, attached hereto and made a part hereof, based on the following findings:
Findinus: 2
1) That this project will not cause any significant environmenta:
impacts, and a Declaration of Negative Environmental Impact has been issued by the Planning Director on September 4, 1980 Log No. 752.
2) That the establishment of a mobilehome park zone will ensure
proper location,and consistent mobilehome development within the city and not be injurious to the public health and welfare.
3) That the proposed mobilehome park zone is consistent with all elements of the General Plan.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the 1
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Planning Commission of the City of carlsbad, California, he1d
the 10th day of September, 1980, by the following vote, to wit
AYES: Schick, Larson, Friestedt and Leeds
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NOES : None
ABSENT : Rombotis, Jose and Marcus
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ABSTAIN : None
lo ATTEST :
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' /I a W SEPTEMBEI
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t Ill ORDINANCE NO.
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AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, ANXNDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE
BY THE AMENDMENT OF CHAPTER 21.04 AND
THE ADDITION OF CHAPTER 21.37 TO PROVIDE
.F~R:,;A 'RESIDENTIAL 'MOBILE HOME PAPX ZONE
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ordaii as follows: '7
,The City Council, of the City of Carlsbad, California,
addition of Sections 21.04.142; 21.04.267; 21.04.268 and 2: 9
SECTION 1: That Title 21 Chapter 21.04 is amended by 8
10 which reads as follows:
11 '21 :04 .:l42 ' Factory-built housing. "Factory-built how
means a residential building, dwelling unit, or an individl
, l2 dwelling room or combination of rooms thereof, or building
co,n-cealed- parts or processes of manufacture cannot be insp '13 ponent, assembly, or system manufactured in such a manner .
before installation at the building site without disassemb: 34 dam,age, or destruction of the part, including units design3
use as part of an institution for resident or patient care 15 is either wholly manufactured or is in substantial pait ma! tured at an offsite location to be wholly or partially asst 16 onsite in accordance with building standards published in - Building Standards Code and other regulations adopted by tl 1'7 commission pursuant to State Health and Safety Code Sectiol
Factory-built housing does not include a mobilehome, mobilc 18 sory building or structure, a recreational vehicle, or a cc coach. Factory-built housinq means the same as modular ho.
' '2'1,'04 .'2'67' Mobi.1.e Home. "Mobile Home" means a struce 20 transportable in one or more sections, designed and equippi
contain not more than one dwelling unit to be used with or 21 a foundation system. Mobile home does not include a recre, vehicle, trailer coach, commercial coach, auto trailer or z2 built -.housing.
23 '21 :04 .:268 ' 'Mobilehome Accessory Struc-ture. Any awninc portazle, demountable or permanent cabana, ramada, storage 24 carport, fence, windbreak or porch established for the use occupant of the mobilehome. 25
21.'04.269 Mobile Home Lot. "PPlobile Home Lot" means i 26 of a mobiie home park designated or used for the occupancy
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// mobile home. 27
21.04.270 Mobile Home Park. "Mobile Home Park" mean! 28 or tract of land where two or more mobile home lots are re
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leased or sold., or held ouk for reatal, Lease 3r sale, or ow cormon as part of a coildominiarc, to accommodate ;nobile homes
human habitation. Nobj-13 home park does not include mohile sales or display lots, or area.s containing mobile homes:used exclusively to provide temporary housing for farm enployees
which a temporary occupar,cy permit has been issued by ,the Department of Pablic Health,
5 I/ . SECTION 2: That Title 21 is amended by the addition or'
6 Chapter 21.37 to read as follows: ..
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CHAPTER 21.. 34
I 'NYHT KESIDENTIAL MOBILE HOME PARK ZCME - sl
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SECTIONS: -
21.. 37.010
21,37.020
21.37.030
2l. 37.040
21.37.050 21,37.060 . 21.37.070
21.37,080 21,37.090
21.37 ;lo0
21 c 37.110
21.37.120 I
Intent and Purpose ,
Permitted Uses
Permit Required Application Transmittal to the Planning Commission' Planning Commission Report City Council Determination Final Xobile Eone Park Plan
Design Criteria Development Standards
Removal of Xobile Home Park Zone -
Conversion
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21:37:107: Intent and Purpose, The .. dntent and purpose
the Nobile Home Park Zone is to:
(1) Provide Aocations where mobile homes azd mobile h
(2) Provide a means to regulate and control the c,onve
(3) Promote and encourage an orderly residential envi
(4) Irnplement'the goals and objectives of the General
parks may be estabiished, maintained and protected,
of existing mobile home parks to another use.
with appropriate physical amenities.
especially the Housing Element.
" 2'1'.37'.020 Permitted Uses, Only the f=>llowing uses ar
(1) Mobile home parks consisting of mobile homes. A
permitted on land containing the Mobile Home Park Zone.
home.park may be a condominium, planned unit development 01 park. Factory-built houses may be located without a mobile park. When so located, a factory-built house shall be cons a mobile home for the purposes of this chapter. (2) Mobilehome accessory buildings.
(3) Buildings which are inciden.ta1 to the mobilehome
(4) One identif icati.on sign for each entrance. This
including recreational buildings, laundry facilities and tl
shall n.ot ha.ve a height exceeding four: feet or an area excc
40 square feet.
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, 23_,37.030 Perzit Required.. NG person shall develop a
rmhile home park and no mobile I"lome park shall be establishet unJ.ess 5 mobi2.e home park permit hzs been issued according t(
chapter. Nobile home parks existing oh the effective date o ordinance adopting this chapker-, shall be exempt from the
requirements of this chapter except they shall not be exempt
the provisions of Sections 21.37 -110 and 21.37,120.
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21.37.040 Application. Application for a mobile home
' ,' ' Department and Planning Commission in accordance with the pr 6 1 permi3 shall be made to the City Council throu.gh the Plannin "
cedures set forth in this section:
made by the record owner or owners of the property' on which 8
? 1, description of the property involved and an explanation and
development is proposed to be constxucted. The .applicatbon
description of the proposed use. The Planning Director may .
(2) A fee as established by City Council resolution SI 11 be paid when application Cor a m.ob'ile home park permit is rr?;
(3) The application shall be accompanied by a develop1 12 plan including ",he location of all.mobile home lots and acct
buildings, a landscape plan and a grading plan including crc 13 sections of any proposed grading, The Planning Director ma: require any additional 2ocuments or information, necessary tc 14 complete review of the project.
(4) If the applicant contemplates the construction of 35 mobi'le home park in phases, the application shall s,o state
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be filed with the Planning Director and shall contain a leg.? '.
(1) An application for a mobile home park permit may k
.I0 I prescribe the form and content of such application.
shall irxlude a proposed ccnstruction schedule.
facilities to.be used by the occupants of two or more dwell 17 units, it shall be stated in the application and the applic
shall include a plan, acceptable to the city, for the prese 18 and maintenance of the common elements of the property, (6) If the pr-oposed park will be a condominium or pla 2.9 unit development, h tentative map prepared according to the
requirements of Chapter 20.12 of this code shall be filed a 20 time of the application for the mobile home park. No tenta map for a mobile home condominium or planned unit developrx 21 shall be approved unless a mobile home park permit has fir: approved. A tentative map for a mobile home condominium 01 22 ned unit development shall not be deemed submitted for appl until the date of the first Planning Commission hearing on 23 permits.
3-6 (5) If the project is to provide ,open areas acd recre .
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'21.'37','0'50' -Transmittal to the Plannlng Commission. TI
ning Director shali transmlt the appiication for a mobile 1
park permit, together wi",h.his recommendation thereoxl to . Planning Conmission for public hearing when ail necessary . and processing have been completed. When an application i
relative to another discretionary permit, it may be consid
the Planning Commission concurrent with their consideratio
such discretionary permit. Notice of the public hearing s
given as provided in Section 21.54.060 (1) of this code.
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,' ii * - 3. // 21.37,GCiO Planninq Comiissrion Report. The Planning CGmr
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shall hear and consider &e ab:EZZTZZ fer a mobile home park
2 'qermit and shall prepare a report and recommendation for the C '1 bouncil. A copy cf the reyort and recomenda.tion shall be mai 3 11 to the applicant and shall be filed with the City Clerk who Sk
l'set the matter for public hearing before the City Council.
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4, '21.'37.076 City Ceu.ncil Determination. (a) The City CQl 5 may approve., conditionally approve, or disapprove a mobile ho?
'6 park permit. Such determination shall be made in accord with
unless the Council finds that the design and improvement of tl 7 (b) A permit shall not be approved or conditionally appi
this code, the general plan and any applicable specific plans
project are consistant with the d.evclopnent standards and .des:
8 criteria established by this chapter.' I
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'21'.37':080 ' Pin'al Ibb5le i!ome Park Plan. After approvd t
" the mmle home park permit, the applicant shall prepare a
reproducible copy of the approved mobile home park site plan
hereafter as the finad rr?obile home park plan, which shall inc
porate all requirements of the mobile home park permit approv
The final mobile home park plan shall be submitted to khe
secretary of t.he Planning Commission for signature. Prior to
signing the final mobile home park plan, the secretary shall
determine that all applicable requirementshave been incorpor
into the plan and that all conditions of approval have been satisfactorily met or otherwise guaranteed.
IS I " 21'. 3.7':0'9.0 ' Design Criteria. The following design criter
shall apply to all mobile home parks:
16, (1) The overall.plan shall be comprehensive, emSracing
mobile homes, buildings, landscaping and their interrelations 2'7: and shall conform- to adopted plans for ,*all goverrmental agenc for the area in which the proposed development is located.
18 (2) The plan shail provide for adequate circulation, -oj street parking, open recreationai areas and other pertinent 19 amenities. Mobile h'bmes, buildings , structures and facilit: in the park shall be wel-1 integrated, oriented and related tc
20 topographic and.natural.landscape features of the site.
(3) The proposed development shal-1 be compatible with
211 existing and planned land use and with circulaticn patterns
adjoining propPrties. It shall not constitute a disrugtive
22 element to the neighborhood or cornriiunity.
(4) Common areas and recreational facilities shall be
23 I SO as to be readily accessible to the occupants of the dwell
units and shall be well related to any coInmon open spaces pr 24
25 comply wfth the following development standards:
. .2.1. .3'7. .l.oo. . D evdopment Standards. A mobi.le home park s
(1) A mobile home park shall be not less than five acr
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26 a condominium or planned unit development park and 15 acres
rental park.
sq.ft. in area to ascomnwdate a 20' wide. mobile home. The 27 (2) Fifteen percent of the mobile hone sites may be 3,
21; maining sites shall have a minimum of 3,500 sq.ft. in area.
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a I1 13) Each mobile home lct shall have a width of not less
50 feet.
built home may be placed or! a mobile home lot. Each mobile 1
Imobile home cir factory-built house shall be less thar: 24 fee' 4 except for the fifteen percer.t affordabie housing units whicl
2 (4) Not more than one single-fanily mobile home or faci
- 3 1 or factory-built house shall contain one dwelling unit only.
be 20' wide.
less than five feet, The front' yard so required shall not Sc 6 I for vehicle parking, except such portion thereof as is devotc
mobile home' park street shall, not be less than five feet, .
(6) On corner mobile home sites, the sid-e yard adjoini. 7 driveway use.
5 . (5) Each mobile home site shall have a front yard of ?x
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(7) Each mobile home lot shall have a side yard of Rot 8 1 tham three feet and a rear yard of not less than three feet; 9 hoivever, the minimum separations between mobile homes or bet
a mobile home and.3 building shall. be as follows: from side 10 Iten feet; from side to rear eight feet; from rear to rear si
For purposes of this section, mobile home accessory structur
(8) When used for access to a parking facility, a side 22 shall be wide enough for a ten foot wide unobstructed driveb
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shall . not be considered part of the mobile home.
All such side yard driveways shall be paved with cement or
asphaltic concrete.
(9) Window awnings, not including structures, nay proj not more than four feet into any front yard a.nd the follo~~7ir
features may be erecized or project into any required yard: 15 (A) Vegetation, including trees, shrubs ar,d other plar
. (B) Necessary .appurtenances for utility service.
3-6 (C) Mailboxes.
17 accessqry structures sha.11 not cover more than 75% of thr? IZC
hone site e
18 (11) Each mobile home site shall include a paved area
a.ble for providingSautomobile shelter with space for a% lea:
19 two automsbiles. Recreation and laundry areas ccnbined sha: ' suf f i.cient parking facilities to accormodate one automobile 20 every five mobile home sites up to 50 lots and one space fo?
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I (10) The area of the mobile home- and all mobile home
ten lots thereafter .
pattern as to provide convenient traffic circulation within 22 mobile home park. Such streets shall be built to the follo.
parking is permitted on one side of a roadway and not less
standards:
24 40 feet in width if car parking is permitted on both sides roadw+y. ID no case may the roadway be less than 30 feet i
25 (E) There shall be concrete curbs on each side of the
(C) The mobile hcme park streets shall be paved accor
26 standards established by the City Engineer.
(D) Mobile home park streets shall be lighted in acco
27 with the standards established by the City Engineer.
(13) Visitor. parking shall be provided at a ratio of
28 per ten mobile home units. On-street parking may be counte
21 (12) Mobile hciT,e park streets shall be provided ir, SUI
- 23 (A) No roadway shall be less than 32 feet in width if
meeting this requirement.
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(14) The City Council may'permit decentral-ization of t
rccrcaticna.1 facilities in accordance wjth pri-ncipl-es of goo
plIannj.ng,
(15) vtilities.
(-4) All utilities shall be underground.
(E) Television rece9tion shall be by means of cable te or one antenna or several common antennae if the size or con
a'cim of the nobile home prk requires more than one. Indiv
TV antenrms on a coach shall be prohibited.
IC) Cormon trash bin enclosures shall be provided. 'IT
shall be of masonry construction and compatible with the mot hcne park c
(16) Se:rvice buildings and facilities shall be strateg
located throughout the park for convenient access 'from mobil No service building shall be closer than 20 feet to any pro€
adjacent to the mobile home park.
(17) 14.sbile hone parks shall be enclosed by solid masc fences, six feet in height, subject to Planning Director apy along dedi.cated street frontages and interior property lineE
'approval issved by -the State Gepar'tment of Housing and Commc
Development.
(.18) All new mobile homes shall bear a valid insignia
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' 2'1'. 3'7':l'l'O ' Removal. of Mobile Home Park Zone. (a) The
of thg Mobile I-lome Park Zone shall be accomplish2d accordins
procedure for change of zone established by Chapter 21.52 o'l code e
(b) No change of zone shall .be approved mless the Cit
Council, after recommendation of the Planning Comraissi.cn, fi
(1)' That the change of zone is consistent with the Hot Element.
(.2) That. for the property used for a mobile home park,
applicant has provided notice of d-etermination of tenancy re by the California- Civil Code Section 798.56(f) and that all
recpirernents of the Civil: Code regarding termination of ten; will be net,
. (3) That- for'hroperty used for a mobile home park, a. I
satisfactory to the City. Council to mitigate the impact on residents of.the park has been prepared. Such plan shall ir a phase out schedule which establishes a timetable for the ( of use and shall include an assistance plan, including prog~
aid residents who will be displaced by'the change of use in locating and securing new residences such aid may include f; assistance. The following factors shall guide the'council :
approving or disapproving the plan :
(A) Th.e age of the nobile home park;
(B) The number of low income individuals or household:
needing assistance for relocation;
(C) The availability -of relocation housing, sites for home relocation or hoth, having reasonably equivalent ameni.
within the North County area within fifteen miles of the Pat Ocean .. (c) In making decisicns pur'suant to this section, the
j shall consider the effect of the clecision on the housing ne1 i the community and balance those needs against the public se: needs of the resideGts and available fiscal sild environment4
resources. I ..
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. 21 e 3i. 120 Conversion, '11 (a)"Co%&ersion" means a use of. the mobile home park f ".
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purpose other than the ren-tal, or the .holding out for rent,
or more.imbile home sites to accomod.ate mobile homes used f
human habitation. A conversion- n~ay affect an entire park or
portion thereof. Conversion includes, but is not limited tc change of the park or any portion therecf to a condominium, cooperative, planned unit development, or ally form of ownsrs
wherein spaces within the park are to be sold. Conversion d include a change in the use of the property requiring a chan
(b) No conversion shall be allowed unless a permit the
has been approved by.the City Council according to the proce
established in Chapter 21.47 of this code.
(c) No conversion permit shall be issued unless the Ci Council finds:
Section 798,56(f) has been or will be given.
(2) Each of the tenants of the proposed condominium, s cooperative project, planned unit development or other form ownership has been or will be given notice of an exclusive Y to contract for the purchase of their respective site or mok
home lot upon the same terms and conditions that such site h initially offered to the general public or terms more favorE the tenant. The right shall run for a period of not less tk days from the date of issuance of the subdivision public res pursuant to Section 11018.2 of the Business and Professions
unless the tenant gives prior written notice of his intentic
to exercise the right.
(3) That the conversion is consistent with thk General a specific finding. of consistency ,with .the Housing Elelnent c
made o
zone o
EFFECTIVE DATE: This ordinance Shall be effective thir
1811 days after its adoption, 'and the' City Clerk shall certify tc .. /*
19 adoption of th.is ordinance and cazse.it to be published at 1 /I . .-
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adoption. 21.
once in. the Carlsbad Journal within 'fifteen days after its
22 Ij INTRODUCED F-ND FIRST READ at a regular meeting of the // 23 Carlsbad City Council held on the day of f
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PASSED AND ADOPTED at a regular meeting of said City Cc 25
and thereafter ,
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jvote, to wit: 2
i held cn the -."^ day. of ".." , 1980 hy the fol1owin.g
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.AESENT: 5
NOES: 4
AYES ::
61 7 " RONALD C. PACKARD, NqOr .
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21 AiEA L. -RRUTENKRANZ, City Clerk
12 (SEAL)
ATTEST:
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,I $&HIBIT "B"
September 3, 1980
AMEia'DPENT To CONDI'I'IOP:AL USES "-
SECTION 11: Amend Section 21.42.010 (2) by deletiny (G) which
reads. as follows: ., c___
'lMobilehome parks (not. permiited is commercial- or
industrial zones) . 'l ..
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