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HomeMy WebLinkAbout1987-10-20; City Council; 9836; CMC 21.37 amend - Mobile home park conversions to condos (clarify/regulate)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 ORDINANCE NO. 9836 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21, CHAPTER 21.37, TO CLmIFY 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 accordinq 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 11, Division 31 of the Health and Safety Code (Health and Safety § 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. 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: (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 pursuant to Section 21.37.030 of this chapter. In processing the mobile home 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. ... 0.. ... ... 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 e 0 SECTION 3: That Title 21, Chapter 21.37 of the Carlsbad Municipal Code is amended by the addition of Section 21.37.120 (d) to read as follows: ( d Following recordation of a Certificate of Compliance, or conditional Certificate of Compliance, owners/tenants of mobile homes on any unpurchased remaininq interest shall not be economically displaced for a period of one year from the date of recordation. A rent increase may be levied during this year provided the increase is equal to or less than the average annual rent increase levied during the previous three years. SECTION 4: That Title 21, Chapter 21.37, of the Carlsbad Municipal Code is amended by the addition of Section 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 h0me.s. The relocation plan shall also provide assistance for residents who are renting a coach in the park who will be displaced by the purchase of their space. 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, having reasonably equivalent amenities, within the North Countv area within 15 miles of the Pacific Ocean. and __ ._ 4) The necessity for financial assistance for - relocation. SECTION 5: That Title 21 Chapter 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 rovide for the periodic maintenance of the exteriors of the Eobile homes. The CCCR's cannot be altered or dissolved without written City approval. ... 2. 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 a SECTION 6: That Title 21, Chapter 21.37, of the Carlsbad Municipal Code is amended by the addition of Section 21.37.130 to read as follows: 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: This waiver shall be granted only to conversion of existing mobile home parks on a single parcel. 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. The proposed subdivision shall not result in the economic displacement from the subject mobile home park of tenants/owners on remaining unpurchased interests located within the subject mobile home park unless the owner complies with Section 21.37.120 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 exempt, the permit application shall include an analysis of conformance with present development standards. 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. 0.. ... 3. I A I I I I I 1 ! 1( 1: 1: 1: 14 If 1C 1'; 1E 1s 2c 23 22 22 24 25 26 27 28 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 13th day of October , 1987, and thereafter - PASSEL) AND ADOPTED at a regular meeting of said City Council held on the 20th following vote, to wit: AYES : NOES: None ABSENT: None Council Members Lewis , day of October , 1987, by the Kulchin, Pettine, Mamaux and Larson ,- ATTEST : ALIEITHA L. RAUTENKRANZ, City C1)erk ( SEAL) 4.