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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: