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HomeMy WebLinkAbout1980-11-18; City Council; 9564; CMC 21.04 amends/.37 adds - RMHP zone1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 9564 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF CHAPTER 21.04 AND THE ADDITION OF CHAPTER 21.37 TO PROVIDE FOR A RESIDENTIAL MOBILE HOME PARK ZONE The City Council, of the City of Carlsbad, California, does xdain as follows: SECTION 1: That Title 21, Chapter 21.04, of the Carlsbad !4unicipal Code is amended by the addition of Sections 21.04.142, 21.04.267, 21.04.268 and 21.04.269 which read as follows: 21.04.142 Factory-built housing. "Factory-built housing" means a residential building, dwelling unit, or an individual dwelling room or combination of rooms thereof, or building com- ponent, assembly, or system manufactured in such a manner that all concealed parts or processes of manufacture cannot be inspected before installation at the building site without disassembly, damage, or destruction of the part, including units designed for use as part of an institution for resident or patient care, which is either wholly manufactured or is in substantial part manufac- tured at an offsite location to be wholly or partially assembled onsite in accordance with building standards published in the State Building Standards Code and other regulations adopted by the commission pursuant to State Health and Safety Code Section 19990. Factory-built housing does not include a mobilehome, mobile acces- sory building or structure, a recreational vehicle, or a commercial coach. Factory-built housing means the same as modular housing, 21.04.266 Mobile Home, "Mobile Home" means a structure transportable in one or more sections, designed and equipped to contain not more than one dwelling unit to be used with or without a foundation system. Mobile home does not include a recreational vehicle, trailer coach, commercial coach, auto trailer or factory built housing. 21.04.267 Mobilehome Accessory Structure. Any awning, portable, demountable or permanent cabana, ramada, storage cabinet, carport, fence, windbreak or porch established for the use of the occupant of the mobilehome. 21.04.268 Mobile Home Lot. "Mobile Home Lot" means a portion of a mobile home park designated or used for the occupancy of one mobile home. 21.04.269 Mobile Home Park. "Mobile Home Park" means an area or tract of land where two or more mobile home lots are rented, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 leased or sold, or held out for rental, lease or sale, or owned in common as part of a condominium, to accommodate mobile homes for human habitation. Mobile home park does not include mobile home sales or display lots, or areas containing mobile homes used exclusively to provide temporary housing for farm employees for which a temporary occupancy permit has been issued by the Department of Public Health. SECTION 2: That Title 21 is amended by the addition of Chapter 21-37 to read as follows: CHAPTER 21.37 'RMHP RESIDENTIAL MOBILE HOME PARK ZONE SECTI'ONS : 21.37.010 21.37.020 21.37.030 21.37.040 21.37.050 21.37 e 060 21 37 070 21.37.080 21 e 37.090 21.37.100 21.37.110 21.37.120 Intent and Purpose Permitted Uses Permit Required Application Transmittal to the Planning Commission Planning Commission Report City Council Determination Final Mobile Home Park Plan Design Criteria Development Standards Removal of Mobile Home Park Zone Conversion 21.37.010 Intent and Purpose, the Mobile Home Park Zone is to: The intent and purpose of (1) Provide locations where mobile homes and mobile home (2) Provide a means to regulate and control the conversion (3) Promote and encourage an orderly residential environment (4) Implement the goals and objectives of the General Plan, parks may be established, maintained and protected. of existing mobile home parks to another use. with appropriate physical amenities. especially the Housing Element. 21.37.020 Permitted Uses. Only the following uses are (1) Mobile home parks consisting of mobile homes. A mobile permitted on land containing the Mobile Home Park Zone. home park may be a condominium, planned unit development or rental park. Factory-built houses may be located within a mobile home park. When so located, a factory-built house shall be considered a mobile home for the purposes of this chapter. (2) Mobilehome accessory Structures. (3) Buildings which are incidental to the mobilehome park (4) One identification sign for each entrance, This sign including recreational buildings, laundry facilities and the like. shall not have a height exceeding four feet or an area exceeding 40 square feet. -2- 1 2 3 4 5 6 7 e 9 3.0 11 12 1Z 14 15 16 17 1E 19 2c 21 22 22 24 25 26 27 2e 21.37.030 Permit Required. No person shall develop a nobile home park and no mobile home park shall be established unless a mobile home park permit has been issued according to this zhapter. Mobile home parks existing on the effective date of the xdinance adopting this chapter, shall be exempt from the requirements of this chapter except they shall not be exempt from the provisions of Sections 21.37.110 and 21.37.120. 21.37.040 Application. Application for a mobile home park permit shall be made to the City Council through the Planning Department and Planning Commission in accordance with the pro- cedures set forth in this section: An application for a mobile home park permit may be made by the record owner or owners of the property on which the ilevelopment is proposed to be constructed. be filed with the Planning Director and shall contain a legal ilescription of the property involved and an explanation and description of the proposed use, The Planning Director may prescribe the form and content of such application. (2) A fee as established by City Council resolution shall be paid when application for a mobile home park permit is made. (3) The application shall be accompanied by a development plan including the location of all mobile home lots and accessory buildings, a landscape plan and a grading plan including cross sections of any proposed grading. require any additional documents or information necessary to insure complete review of the project. If the applicant contemplates the construction of a mobile home park in phases, the application shall so state and shall include a proposed construction schedule. If the project is to provide open areas and recreational facilities to be used by the occupants of two or more dwelling units, it shall be stated in the application and the application shall include a plan, acceptable to the city, for the preservation and maintenance of the common elements of the property. unit development, a tentative map prepared according to the requirements of Chapter 20.12 of this code shall be filed at the time of the application for the mobile home park. map for a mobile home condominium or planned unit development shall be approved unless a mobile home park permit has first been approved. A tentative map for a mobile home condominium or plan- ned unit development shall not be deemed submitted for approval until the date of the first Planning Commission hearing on the permits. (1) The application shall The Planning Director may (4) (5) (6) If the proposed park will be a condominium or planned No tentative 21.37.050 Transmittal to the Planning Commission. The Plan- ninq Director shall transmit the application for a mobile home park permit, together with his recommendation thereon, to the Planning Commission for public hearing when all necessary reports and processing have been completed. relative to another discretionary permit, it may be considered by the Planning Commission concurrent with their consideration of such discretionary permit. Notice of the public hearing shall be given as provided in Section 21.54.060(1) of this code. When an application is -3- 1 2 3 4 5 6 7 a 1E 17 1€ 1s 2c 21 22 2: 21 21 2( 2' 21.37.060 Planning Commission Report. The Planning Commission hall hear and consider the application for a mobile home park ermit and shall prepare a report and recommendation for the City ouncil. A copy of the report and recommendation shall be mailed o the applicant and shall be filed with the City Clerk who shall et the matter for public hearing before the City Council. 21.37.070 City Council Determination. (a) The City Council lay approve, conditionally approve, or disapprove a mobile home lark permit. .his code, the general plan and any applicable specific plans. (b) inless the Council finds that the design and improvement of the broject are consistant with the development standards and design Iriteria established by this chapter. Such determination shall be made in accord with A permit shall not be approved or conditionally approved 21.37.080 Final Mobile Home Park Plan. After approval of :he mobile home park permit, the applicant shall prepare a *eproducible copy of the approved mobile home park site plan known iereafter as the final mobile home park plan, which shall incor- )orate all requirements of the mobile home park permit approval. ?he final nobile home park plan shall be submitted to the Lecretary of the Planning Commission for signature. iigning the final mobile home park plan, the secretary shall letermine that all applicable requirements have been incorporated .nto the plan and that all conditions of approval have been ;atisfactorily met or otherwise guaranteed. Prior to 21.37.090 Design Criteria. The following design criteria shall apply to all mobile home parks: (1) The overall plan shall be comprehensive, embracing land, iobile homes, buildings, landscaping and their interrelationships, md shall conform to adopted plans for all governmental agencies for the area in which the proposed development is located. (2) The plan shall provide for adequate circulation, off- street parking, open recreational areas and other pertinent imenities. Mobile homes, buildings , structures and facilities in the park shall be well integrated, oriented and related to the Eopographic and natural landscape features of the site. ?xisting and planned land use and with circulation patterns on adjoining properties. 21ement to the neighborhood or community. (4) Common areas and recreational facilities shall be located 30 as to be readily accessible to the occupants of the dwelling mits and shall be well related to any common open spaces provided. (3) The proposed development shall be compatible with It shall not constitute a disruptive 21.37.100 Development Standards. A mobile home park shall comply with the following development standards: (1) a condominium or planned unit development park and 15 acres for a rental park. Fifteen percent of the mobile home sites may be 3,000 sq.ft. in area to accommodate a 20' wide mobile home. The re- maining sites shall have a minimum of 3,500 sq.ft. A mobile home park shall be not less than five acres for (2) in area. -4- 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (3) Each mobile home lot shall have a width of not less than (4) Not more than one single-family mobile home or factory- 50 feet, built home may be placed on a mobile home lot, Each mobile home or factory-built house shall contain one dwelling unit only. No mobile home or factory-built house shall be less than 24 feet wide, except for the fifteen percent affordable housing units which may be 20' wide. less than five feet. The front yard so required shall not be used for vehicle parking, except such portion thereof as is devoted to driveway use. mobile home park street shall not be less than five feet, than three feet and a rear yard of not less than three feet; however, the minimum separations between mobile homes or between a mobile home and a building shall be as follows: from side to side ten feet; from side to rear eight feet; from rear to rear six feet, For purposes of this swm mobile home accessory structure shall not be considered part of the mobile home. shall be wide enough for a ten foot wide unobstructed driveway. All such side yard driveways shall be paved with cement or asphalti concrete. not more than four feet into any front yard and the following features may be erected or project into any required yard: plants. (5) Each mobile home site shall have a front yard of not (6) On corner mobile home sites, the side yard adjoining the (7) Each mobile home lot shall have a side yard of not less (8) When used for access to a parking facility, a side yard (9) Window awnings, not including structures, may project (A) Vegetation, including trees, shrubs and other (B), Necessary appurtenances for utility service. (C) Mailboxes. The area of the mobile home and all mobile home (10) accessory structures shall not cover more than 75% of the mobile home site. (11) Each mobile home site shall include a paved area suit- able for providing automobile shelter with space for at least two automobiles. Recreation and laundry areas combined shall have sufficient parking facilities to accommodate one automobile for every five mobile home sites up to 50 lots and one space for each ten lots thereafter. Mobile home park streets shall be provided in such a pattern as to provide convenient traffic circulation within the mobile home park. Such streets shall be built to the following standards: No roadway shall be less than 32 feet in width if car parking is permitted on one side of a roadway and not less than 40 feet in width if car parking is permitted on both sides of a roadway. In no case may the roadway be less than 30 feet in width. streets. according to standards established by the City Engineer. (12) (A) (B) There shall be concrete curbs on each side of the (C) The mobile home park streets shall be paved -5- 1 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (D) Mobile home park streets shall be lighted in accord- ance with the standards established by the City Engineer, (13) Visitor parking shall be provided at a ratio of one space per ten mobile home units, On-street parking may be counted towards meeting this requirement. (14) recreational facilities in accordance with principles of good planning. The City Council may permit decentralization of the (15) Utilities. (A) All utilities shall be underground. (B) Television reception shall be by means of cable television or one antenna or several common antennae if the size or configuration of the mobile home park requires more than one. Individual TV antennas on a coach shall be prohibited. shall be of masonry construction and compatible with the mobile home park. located throughout the park for convenient access from mobile homes No service building shall be closer than 20 feet to any property adjacent to the mobile home park. fences, six feet in height, subject to Planning Director approval, along dedicated street frontages and interior property lines. approval issued by the State Department of Housing and Community Development. (C) Common trash bin enclosures shall be provided. They (16) Service buildings and facilities shall be strategically (17) Mobile home parks shall be enclosed by solid masonry (18) All new mobile homes shall bear a valid insignia of 21.37.110 Removal of Mobile Home Park Zone. (a) The removal of the Mobile Home Park Zone shall be accomplished according to the procedure for change of zone established by Chapter 21.52 of this code. Council, after recommendation of the Planning Commission, finds: Housing Element. the applicant has provided notice of termination of tenancy required by the California Civil Code Section 798.56(f) and that all requirements of the Civil Code regarding termination of tenancy will be met. (3) That for property used for a mobile home park, a plan satisfactory to the City Council to mitigate the impact on residents of the park has been prepared. Such plan shall include a phase out schedule which establishes a timetable for the change of use and shall include an assistance plan, including programs to aid residents who will be displaced by the change of use in locating and securing new residences. Such aid may include financi assistance. The following factors shall guide the Council in approving or disapproving the plan: (b) No change of zone shall be approved unless the City (1) That the change of zone is consistent with the (2) That for the property used for a mobile home park, (A) The age of the mobile home park; (B) The number of low income individuals or households needing assistance for relocation; /// /// -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (C) The availability of relocation housing, sites Eor mobile home relocation or both, having reasonably equivalent unenities, within the North County area within fifteen miles of :he Pacific Ocean. ;hall consider the effect of the decision on the housing needs of ;he community and balance those needs against the public service ieeds of the residents and available fiscal and environmental resources. (c) In making decisions pursuant to this section, the Council 21.37.120 Conversion. (a) "Conversion" means a use of the nobile home park for a purpose other than the rental, or the rolding out for rent, of two or more mobile home sites to accom- Rodate mobile homes used for human habitation. A conversion may iffect an entire park or any portion thereof. Audes, but is not limited to, a change of the park or any portion :hereof to a condominium, stock cooperative, planned unit develop- nent, or any form of ownership wherein spaces within the park are :O be sold. Conversion does not include a change in the use of khe property requiring a change of zone. (b) No conversion shall be allowed unless a permit therefor ias been approved by the City Council according to the procedures 2stablished in Chapter 21.47 of this code. (c) No conversion permit shall be issued unless the City Zouncil finds : (1) Section 798.56(f) has been or will be given. (2) stock cooperative project, planned unit development or other form 2f ownership has been or will be given notice of an exclusive right to contract for the purchase of their respective site or nobile home lot upon the same terms and conditions that such site sill be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not less than 180 days from the date of issuance of the subdivision public report pursuant to Section 11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of his intention not to exercise the right. (3) That the conversion is consistent with the General Plan, a specific finding of consistency with the Housing Element shall be made. SECTION 3: That Title 21,Chapter 21.42, Section 21.42.010(2) Conversion in- That the notice required by California Civil Code Each of the tenants of the proposed condominium, of the Carlsbad Municipal Code is amended by the deletion of Subsection (G) which reads, "Mobile Home Parks (not permitted in commercial or industrial zones)." EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify adoption of this ordinance and cause it to be published at least -7- to the 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 once in the Carlsbad Journal within fifteen days after its adoption INTRODUCED AND FIRST READ at alregurar adjou ned meeting of the Carlsbad City Council held on the28thday of October , 1980 and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the 18th day of-, 1980 by the following vote, to wit: AYES: NOES : Council Member Anear ABSENT: None Council Members Casler, Lewis and Kulchin ABSTAIN: Council Member P RONALD C. PACKARD, Mayor ATTEST: (SEAL)