HomeMy WebLinkAbout1987-08-19; Planning Commission; Resolution 2677I.
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PLANNING COMMISSION RESOLUTION NO. 2677
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE
AMENDMENT, AMENDING TITLE 21, CHAPTER 21.37, OF THE CARLSBAD MUNICIPAL CODE, TO CLARIFY AND REGULATE
MOBILE HOME PARK CONVERSIONS TO CONDOMINIUMS.
APPLICANT: CITY OF CARLSBAD
CASE NO.: ZCA 87-1
WHEREAS, the Planning Commisson did, on the 19th day of
August, 1987, 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 87-1, according to Exhibit "A", dated August 19, 1987, attached hereto and made a
part hereof, based on the following findings:
Findings:
1) The proposed zone code amendments are consistent with
Proposition E and the Growth Management Ordinance because the
number of residential units will remain the same and there
will be no increase in the demand for public facilities. I
2) , The proposed zone code amendments will clarify existing
ordinance language and facilitate the condominium conversion of
existing mobile home parks.
3) The proposed zone code amendments are 'consistent with the State Subdivision Map Act, the General Plan, and the Zoning
Ordinance.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
19th of August, 1987, by the following vote, to wit:
AYES: Chairman Marcus, Commissioners Schlehuber, Schramm, Holmes, Hall.
NOES: None.
ABSENT: Commissioners McFadden and McBane.
ABSTAIN: None.
NNING DIRECTOR
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1. 0 August 19, 1987 0
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21,
CHAPTER 21.37, TO CLARIFY AND REGULATE MOBILE
HOME PARK CONVERSIONS TO CONDOMINIUMS.
The City Council of the City of Carlsbad, California,
does ordain as follows:
SECTION 1: That Title 21, Chapter 21.37, Section
21.37.030 of the Carlsbad Municipal Code is amended to read as
follows:
21.37.030 Permit Required. No person shall develop a
mobile home park and no mobile home park shall be established
unless a mobile home park permit has been issued according to this
chapter. The conversion to condominiums of mobile home parks
existing on the effective date of the adoption of Chapter 21.37
may be exempt from the development standards identified in this
chapter, providing that the Planning Commission and City Council
find that the mobile home park shall remain substantially in
conformance with the existing facility following conversion and
provided the conversion qualifies under Chapter I?, Division 31 of
the Health and Safety Code (Health and Safety 0 50780 et. seq.).
Such conversion of existing mobile home parks shall still be
subject to Sections 21.37.110 and 21.37.120 of this chapter.
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SECTION 2: That Title 21, Chapter 21.37, Section
21.37.120 subsection (b) of the Carlsbad Municipal Code is 'amended
to read as follows: I (b) No conversion shall be allowed unless a mobile home
park permit has been approved by the City Council pursuant to
Chapter 21.37, except that existing mobile home parks may be exempt from the development standards identified in this chapter
mobile hone park permit for existing mobile home parks found not
to 'be subject to the development standards of this chapter, the
Planning Commission and City Council may add reasonable conditions
to the permit. Applications for conversions of existing mobile
home parks may be made by property owners, or by the residents
with property owner concurrence.
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1 II SECTION 3: That Title 21, Chapter 21.37 of the Carlsbad I
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Municipal Code is amended by the addition of Section 21.37.120 (d)
to read as follows:
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(d) Following recordation of a Certificate of
Compliance, or conditional Certificate of Compliance,
owners/tenants of mobile homes on anv unDurchased remainina + I- ~~~ ~ - ~ ~~ " .
interest shall not be economically displaced for a period of one year from the date of recordation. A rent increase may be levied
durina this vear Drovided the increase is eaual to or less than u ~~ ~-~ ~ -
the average annual rent increase levied during the previous three
years.
8 ll SECTION 4: That Title 21, Chapter 21.37, of the 1 '11 Carlsbad Municipal Code is amended by the addition of Section I
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21.37.120 (e) to read as follows:
(e) As a condition of the waiver of tentative map
pursuant to Section 21.37.130, the owner of the unpurchased
,remaining interest shall have a relocation plan approved by the
~ City Council for those tenants who choose to relocate their mobile
homes. The following factors shall guide the Council in approving
or disapproving the plan:
~ 1) The age and condition of the mobile home units,
2) The number of low income individuals or
households needing assistance for relocation,
3) The availability of relocation housing, sites
for mobile home relocation. or both. havina ~ ~~~ I -~ "~ > - -. "-2 reasonably equivalent amenities, within the
North County area within 15 miles of the
Pacific Ocean, and
relocation.
4) The necessity for financial assistance for
SECTION 5: That Title 21 Cha'pter 21.37, of the Carlsbad
Municipal Code is amended by the addition of Section 21 .33.120 (f)
to 'read as follows:
(f) Conditions, Covenants and Restrictions (CC&R's) for
any conversion shall be submitted to the Planning Director for
approval prior to final map, or final action and the CC&R's shall
provide for the periodic maintenance of the exteriors of the
mobile homes. The CC&R's cannot be altered or dissolved without
written City approval.
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1 SECTION 6: That Title 21, Chapter 21.37, of the
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21.37.130 to read as follows: 3
Carlsbad Municipal Code is amended by the addition of Section
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1) This waiver shall be granted only to conversion of
existing mobile home parks on a single parcel.
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21.37.130 Waiver of Tentative and Final Map for Mobile
Home Park Conversions
Other provisions of this Chapter notwithstanding, the
City Council may, by resolution, waive the requirement for a
tentative and final map for a single parcel subdivision for the
conversion of an existing mobile home park to condominiums. Prior
to granting such a waiver, the City Council shall make the
following findings:
2) A petition, requesting the conversion, shall be
signed by the property owner and at least two-thirds
of the residents of said mobile home park and shall
be submitted to the Planning Director.
3) The DroDosed subdivision shall not result in the ~~ ~"~. ~. ".-
economic disDlacement from the subiect mobile home
park of tenantslowners on remaining unpurchased
interests located within the subject mobile home park
unless the owner complies with Section 21.37.120
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,. (e).
4) A mobile home park permit shall be concurrently
approved by the City Council with the granting of
this waiver. Even though a project may be deemed
analysis of conformance with present development
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standards.
5 1 The subdivision shall comply with such requirements
then in effect as may have been established by the
Subdivision Map Act or this Chapter pertaining to
area, improvement and design, flood water drainage
control, appropriate improved public roads, sanitary
disposal facilities, water supply availability,
environmental protection, and other requirements of
the Subdivision Map Act or this Chapter.
The subdivider requesting a waiver as provided for herein shall
make application therefore on such forms as may be provided for by
the Director of Planning.
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1 City Engineer shall prepare a Certificate of Compliance or
Upon the grant of a waiver as provided for under this Section, the
have entered into an agreement with the City to provide for the 5
and until the owner or owners of the property to be subdivided
shall not record or release for recordation a Conditional
of documenting the approval of the subdivision. The City Engineer 3
recordation in the office of the County Recorder for the purpose
Conditional Certificate of Compliance, as appropriate, for 2
satisfactory completion of all conditions of the Certificate of
6 Compliance and shall have provided improvement security, as appropriate, as provided for in Chapter 5 of the Subdivision Map
7 Act.
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EFFECTIVE DATE: This ordinance shall be effective
thirty days after its adoption, and the City Clerk shall certify
to the adoption of this ordinance and cause it to be published at
least once in the Carlsad Journal within fifteen days after its
adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the day of , 1987,
and thereafter
PASSED AND ADOPTED at a regular meeting of said City
Council held on the day of , 1987, by the
following vote, to wit:
AYES :
NOES:
ABSENT:
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23 11 CLAUDE A. LEWIS, Mayor
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ALETHA L. RAUTENKRANZ, City Clerk 27
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ATTEST:
(SEAL)
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