HomeMy WebLinkAbout2009-10-09; City Council; CS-061; Mobil home park conversion rental to resident owned...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
ORDINANCE NO. CS-061
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CrPTOF CARLSBAD, CALIFORNIA, AMENDING CARLSBAD
MUNICIPAL CODE CHAPTER 21.37 RELATING TO
CONVERSIONS OF EXISTING MOBILE HOME PARKS FROM
RENTAL TO RESIDENT OWNERSHIP
The City Council of the City of Carlsbad, California, does ordain as
follows:
WHEREAS, the City Council has carefully considered the issues in the
attached agenda bill and recommendations of the staff; and
WHEREAS, the City of Carlsbad, pursuant to its police powers
delegated by the California Constitution, has the authority to enact laws which
promote the public health, safety and general welfare of its citizens, including those
residing in mobile home parks within its jurisdiction; and
WHEREAS, the Lanikai Lane Mobile Home Park filed an application
for a tentative map for a subdivision to be created converting from a rental mobile
home park to resident ownership; and
WHEREAS, evolving case law including a recent August 21, 2009
decision of the California First District Court of Appeals has determined that it is not
appropriate for local public entities to establish regulations for the conversion of a
mobile home park from rental to resident ownership that exceed the requirements of
Government Code section 66427.5; and
WHEREAS, the City Council does not intend to regulate in any area
preempted by California law, including but not limited to regulation of conversion of
mobile home parks where there is no change in use; and
WHEREAS, the City Council desires to process the Lanikai Lane
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
Mobile Home Park application for a tentative map as well as any future applications
for similar conversions expeditiously and in compliance with applicable State law.
NOW, THEREFORE, The City Council of the City of Carlsbad,
California, does hereby resolve as follows:
SECTION 1: That the above recitations are true and correct.
SECTION 2: That the provisions of Carlsbad Municipal Code Chapter
21.37.030 shall be amended to provide that the filing of a tentative map or parcel
map for a subdivision to be created from the conversion of a residential mobile home
park rental to resident ownership shall be exempt from the mobile home permit
requirement found in Chapter 21.37 and from the design criteria and development
standards identified in that chapter provided that the Planning Commission and City
Council find that the mobile home park shall remain substantially in conformance
with the existing facility allowing conversion.
SECTION 3: At the time of filing a tentative or parcel map for a
subdivision to be created from the conversion of an existing rental mobile home park
to residential ownership, the subdivider shall comply with the requirements in
Government Code section 66427.5.
SECTION 4: That Title 21, Chapter 21.37 is amended with revisions to
sections 21.37.030 and 21.37.120 to read as follows:
21.37.030 - Permit required
B. The requirement for a mobile home park permit and the
design criteria and development standards identified in this
chapter, are not applicable to the filing of a tentative map or
a parcel map for a subdivision to be created from the
conversion of a rental mobile home park to a resident
ownership provided that the planning commission and city
council find that the mobile home park shall remain
substantially in conformance with the existing facility allowing
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
conversion. Such conversion of existing mobile home parks
shall still be subject to Sections 21.37.110 and 21.37.120.
21.37.120-Conversion
B. With the exception of mobile home parks converting
from a rental mobile home park to resident ownership, no
conversion shall be allowed unless a mobile home park
permit has been approved by the city council pursuant to
Chapter 21.37.
At the time of filing a tentative or parcel map for a
subdivision to be created from the conversion of an existing
rental mobile home park to residential ownership, the
subdivider shall comply with the requirements of
Government Code section 66427.5.
Section 5: That section 21.37.140 is added to Carlsbad
Municipal Code Chapter 21.37 as follows:
21.37.140-Severabilitv
In any section, subsection, paragraph, sentence, clause or
phrase of this Chapter and the Ordinance to which it is a
part, or any part thereof, is held for any reason to be
unconstitutional, invalid or ineffective by any court of
competent jurisdiction, the remaining sections, subsections,
paragraphs, sentences, clauses, and phrases shall not be
affected thereby. The city council hereby declares that it
would have adopted this Chapter and the Ordinance to
which it is a part regardless of the fact that one or more
sections, subsections, paragraphs, sentences, clauses, or
phrases may be determined to be unconstitutional, invalid, or
ineffective. Furthermore, if the entire ordinance or application
is deemed invalid by a court of competent jurisdiction, any
repeal of Chapter 21.37 will be rendered void and cause such
Carlsbad Municipal Code provision to remain in full force and
effect for all purposes.
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
EFFECTIVE DATE: This urgency ordinance shall be effective
mmediately upon a majority vote of the City Council and shall remain in full force and
sffect until the City Council has received, considered, and acted upon the Planning
ommission recommendation for a zone code amendment of Chapter 21.37
Dertaining to the residential mobile home park zone, and any corresponding
amendments to Title 20 or 21 as deemed appropriate.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council on the 6th day of nctob»r . 2009, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Carlsbad on the 6th day of October _, 2009, by the following
vote, to wit:
AYES: Council Members Kulchin.Hall, Packard, and Blackburn
NOES: None.
ABSENT: Council Member Lewis.
APPROVED AS TO FORM AND LEGALITY:
(2. 0 Oeexsg^
RONALD R. BALL, City Attorney
to.A/JJL:
VlSJVIayorCLAUDE A. LEWIS, Mayor
ATTEST: