Loading...
HomeMy WebLinkAbout1980-10-07; City Council; 6376; Mobile Home Park Zone? CITY OF CARLSRAD __I -._I ____c_----.I- __----- SUB JEC1' : MOBILEHOME PARK ZONE The Planning Commission is recommending approval of a new Mobilehome Park Zone. ma j or features of the new ordinance are : The 1) . The creation of a new Mobilehome Park Zone (RMHp), 2) The deletion of all existing prqvisions relating to Mobilehomes in Title 21, 3) The establishment of a permit process and development standards, 4) The establishment of requirements for removal of the zone and for conversion of Mobilehome Parks to different forms of ownership, 5) The establishment of requirements for conversion of rental units to ownership units. At the public hearing, the Planning Commission made several modifications to the proposed ordinance based on recommendations from Mary Casler, Robert Swanson, and members of the Mobilehome Committee. exemption of existing mobilehomes from the development standards of the ordinance, pro- visions for relocation in North County, and additional visitor parking spaces. Also, the Planning Comission made several minor modifications suggested by the City Build- ing Official in order to bring the proposed ordinance into compliance with state law regarding mobilehome parks. . The most noteworthy 'modifications related to minimum park. size , ' The attached ordinance (Exhibit 'IA)') includes all the modifications made at the Plann- ing Commission hearing. Three people spoke against the proposed ordinance, however, they all felt the ordi- nance was acceptable with the modifications suggested by Mary Casler and Robert Swanson. Through staff review and Planning Comission hearing, all issues on this matter have been satisfactorily resolved. EXHIBITS '1. Resolution No. 1690 2. Exhibit "A" dated September 10, 1980 3. Exhibit "Btr dated September 3, 1980 . 4. Staff Report dated September 10, 1980 RECOMMEIWAT I ON Both the planning staff and Planning commission recommend that this application be APPROVED.and that the City Attorney be directed to prepare documents APPROVING ZCA-123, per Planning Commission Resolution No. 1690. I AGENDA BILL NO. 6376 Page 2 Council Action: 10-7-80 Council directed the City Attorney to prepare documents approving ZCA-123, per Planning Comnission Resolution No. 1690. b .t " 1 2 6 7 e 9 IC 11 r 12 14 21 22 22 24 25 26 27 2e * PLANNING COMMISSION RESOLUTION NO 1690 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOKWNDING APPROVAL OF A ZONE CODE AWNDMENT TO TITLE 21, TO ESTABLISH A MOBILEHOME PARK ZONE, AND AMENDING CHAPTER 21.42, CONDITIONAL USES, TO DELETE MOBILEHOYES FROM THE PROVISIONS OF THIS CHAPTER. APPLICANT: CITY OF CARLSBAD CASE NO: ZCA-123 k WGEREAS; the Planning Commission did, on the 10th day of September, 1980, 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-123, according to Exhibit "A" dated September 10, 1980, and Exhibit "B" dated September 3, 1980, attached hereto and made a part hereof, based on the following findings: Findings: 1) That this project will not cause any significant environmental impacts, and a Declaration of Negative Environmental Impact has been issued by the Planning Director on September 4, 1980, Log No. 752. 2) That the establishment of a mobilehome park zone will ensure proper location and consistent mobilehome development within the city and not be injurious to the public health and welfare, 3) That the proposed mobilehome park zone is consistent with all elements of the General Plan. //// a .-- ~ , b , 3 2 3 4 5 6 7 9 9 10 13. 12 13 14 * 15 16 17 16 3.9 20 21 22 23 24 25 26 27 28 / PASSED, APPROVED AND ADOPTED a.t.a regular meet-ing of the Pianning Commission of the City of Carlsbad, California, held on the 10th day of Septembsr, 1980,- by the following vote, to wit: AYES : Schick, Larson, Friestedt and Leeds NOES: ' None ABSENT : Rombotis, 'Jose and ABSTAIN : None ATTEST : Marcus CARLSBAD PLANNI~G COM ISSION -\ CARLSBAD PLANNING COMMISSION , L/ I , PC RES0 $l.69.0 --2 - 3 ,- 6 7 a I The City Council, of the City of Carlsbad, California, does ordain as follows: SECTION 1: That Title 21 Chapter 21.04 is amended by the II 10 11 l2 l3 l4 15 l6 17 18 19 20 21 1 which reads as f0110wS: 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 I-lealth 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 I coach. Factory-built housing means the same as modular housing. I 21.. 04.267 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 2 3 4 5 EXHIBIT "A" SEPTEMBER 10, 198d ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, MIENDING 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 PAFX ZONE 9 I/ addition of Sections 21.04 J42; 21.04.267 ; 21 .) 04.268 and 21.04.269 23 24 25 26 27 28 21.04.268 Mobilehome Accessory Structure. Any awning, portable, deinountab-le or permanent cabana, ramada, storage cabinet, carport, fence, windbreak or porch established for the use of the occupant of the mobilehome. 21.04.269 Mobile Home --.I_- Lot. "15obile Home Lot" means a portion - of a mobile Komc park designated or used for the occupancy of one mobi le homc: . 21.04.270 Mobile Home Park. "Mobi.lc Home Park" means an area ---I_-- or tract of land where two or more mobi.1.e home lots are rented, 2 3 4 8 9 10 11 12 13 14 15 16 le 19 2c 21 22 24 2 5 26 2 '7 2e leased or sold, or held out for rental, lease or sale, or owned in zommon 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 SECTIONS : 21.37.010 21.37.020 21.37.030 21.37.040 21.37.050 21.37.060 21.37.070 21.37.080 21.37.090 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 ?lobile Home Park Plan Design Criteria Development Standards Removal of gobile Home Park Zone Conversion - 21.37.101 Intent and Purpose. The intent and purpose of the Mobile Home Park Zone is to: (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 without a mobile home park. ihen so located, a factory-built house shall be considered a mobile home for the purposes of this chapter. (2) Mobilehome accessory buildings. (3) Buildjngs 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 r'ot have a height exceeding four feet or an area exceeding 48 square feet. -2- . 1 2 3 4 6 7 e 9 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -- 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. Mobile home parks existing on the effective date of the ordinance 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: made by the record owner or owners of the property on which the development is proposed to be constructed. The application shall be filed with the Planning Director and shall contain a legal description 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. The Planning Director may require any additional documents or information necessary to insure complete review of the project. (4) 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. 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 a.t the time of the application for the mobile home park. No tentative 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) An application for a mobile home park permit may be (5) If the project is to provide open areas and recreational (6) If the proposed park will be a condominium or planned 21.37.050 ---- Transmittal- to the Planning Cornmission. The Plan- niny f5ircctor shall transm-it the applicatizl for a mobile home park permit, together with his recommendation thereon, to the Planni.ncj Cornmission for pub3.j.c hearing when all necessary reports and processing have been completed. When an application is 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 (I) of this code. -3- 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 21.37.060 Planning Commission Report. The Planning Commissior shall hear and consider the application for a mobile home park permit and shall prepare a report and recommendation for the City Council. A copy of the report and recommendation shall be mailed to the applicant and shall be filed with the City Clerk who shall set the matter for public hearing before the City Council. 21.37.070 City Council Determination. (a) The City Council may approve, conditionally approve, or disapprove a mobile home park permit. Such determination shall be made in accord with this code, the general plan and any applicable specific plans. unless the Council finds that the design and improvement of the project are consistant with the development standards and design criteria established by this chapter. (b) A permit shall not be approved or conditionally approved 21.37.080 Final Mobile Home Park Plan. After approval of -- the mobile home park permit, the applicant shall prepare a reproducible copy of the approved mobile home park site plan known hereafter as the final mobile home park plan, which shall incor- porate all requirements of the mobile home park permit approval. The final mobile home park plan shall be submitted to the secretary of the Planning Commission for signature. Prior to signing the final mobile home park plan, the secretary shall determine that all applicable requirements have been incorporated into the plan and that all conditions of approval have been satisfactorily met or otherwise guaranteed. 21.37.090 Design Criteria. The following design criteria shall apply to aliobile homeparks: (1) The overall plan shall be comprehensive, embracing land, mobile homes, buildings, landscaping and their interrelationships, and 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 amenities. Mobile homes, buildings , structures and facilities in the park shall be well integrated, oriented and related to the topographic and natural landscape features of the site. (3) The proposed development shall be compatible with exi.s-ting and planned land use and with circulation patterns on adjoining properties. It shall not constitute a disruptive element to the neighborhood or communi.ty. (4) Common areas and recreational facilities shall be located so as to be readily accessible to the occupants of the dwelling unit-s and shall be well related to any common open spaces provided. 2l.37.100 Development Standards. A mobj-le home park shall (1) A mobile home park shall be not less than five acres for -- ---I-- comply with the following &velopment standards: a condominium or planned unit development park and 15 acres for a rental park. (2) Fifteen percent of the mobile home sites may be 3,000 scj.ft. in arcla to accommodate a 20' wide mobile home. The re- maining sitcs shall have a minimum of 3,500 sq.ft. in area. -4- 1 2 3 4 5 6 7 a 9 10 13 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2 '7 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 Dr 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. (5) Each mobile home site shall have a front yard of not 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 sid ten feet; from side to rear eight feet; from rear to rear six feet. For purposes of this section, mobile home accessory structures 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 asphaltic concrete. not more than four feet into any front yard and the following features may be erected or project into any required yard: (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 plants. (B) Necessary appurtenances for utility service. (C) Mailboxes. (10) The area of the mobile home and all mobile home accessory structures shall not cover more than 75% of the mobile home site. able for providinq 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. (12) 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 : (A) 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. (B) There shall be concrete curbs on each side of the streets (C) The mobile home park streets shall be paved according to standards established by the City Engineer. (L)) Mobile home park streets shall be liqlited in accordance with the standards established by the City Engineer. (13) Visitor parking shall be provided at a ratio of one SF~C per ten mobile home units. On-street parking may be countcd toward meetinq this requirement. (11) Each mobile home site shall include a paved area suit- .. -5- 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 23. 22 23 24 25 26 27 28 *e - (14) The City Council may permit decentralization of the recreational facilities in accordance with principles of good planning. (15) Utilities. (A) All utilities shall be underground. (B) Television reception shall be by means of cable teIevisioi or one antenna or several common antennae if the size or configur- ation 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 tlobile Home Park Zone. (a) The removal of the Mobile Pome Park Zone shall be accomplished according to the procedure for change of zone established by Chapter 21-52 of this code. (b) No change of zone shall be approved unless the City Council, after recommendation of the Planning Commission, finds: (1) That the change of zone is consistent with the Housing E 1 emen t . (2) That for the property used for a mobile home park, the applicant has provided notice of determination 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 financial assistance. The following factors shall guide the Council in approving or disapproving the plan: (A) The age of the mobile home park; (B) The number of low income individuals or households ((1) The availabi.lity of relocation housinq, sites for mobile needing assistance €or relocation; home relocation or both, having reasonably equivalent amenities, within the North County area within fifteen miles of the Pacific Ocean. shall consider the effect of the decision on the housinq needs of the community and balance those needs aqainst the public service needs of the residents and available fiscal and environmental- resources. (c) Tn making decisions pursuant to this section, the Counci -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 21.37.120 Canversion. (a) "Conversion" means a use of the mobile home park for a purpose- other than the rental, or the holding out for kent, of two or more mobile home sites to accommodate mobile homes used for human habitation. A conversion may affect an entire park or any portion thereof. Conversion includes, but is not limited to, a change of the park or any portion thereof to a condominium, stock cooperative, planned unit development, or any form of ownership wherein spaces within the park are to be sold, Conversion does not include a change in the use of the property requiring a change of zone. (b) No conversion shall be allowed unless a permit therefor has been approved by the City Council according to the procedures established in Chapter 21.47 of this code. Council finds : Section 798.56(f) has been or will be given. stock cooperative project, planned unit develcpaent or other form of ownership has been or will be given notice of an exclusive right to contract for the purchase of their respective site or mobile home lot upon the same terms and conditions that such site will 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 cf his intention not to exercise the riyht. (3) That the conversion is consistent with the General Plan, a specific finding of consistency with the Housing Element shall be made. (c) No conversion permit shall be issued unless the City (1) That the notice required by California Civil Code (2) Each of the tenants of the proposed condominium, 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 Carlsbad 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 , 1980 and thereafter PASSED AND ADOPTED at a regular meeting of said City Council /// /// -7- ,: 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 ,&. - held on the day of vote, to wit: AYES : NOES : ABSENT: ATTEST: 1980 by the following ALETHA L. RAUTENKRANZ, City Clerk (SEAL) RONALD C, PACKARD, Mayor -8- f 85. - EXHIBIT "B" September 3, 1980 AMENDKENT TO CONDITIONAL USES SECTION 11: Amend Section 21.42.010(2) by deleting (G) which reads as follows: "Mobilehome parks (not permiited is commercial or industrial zones) . I' 3 r. DATE : September 10, 1980 TO : Planning Commission FROM: Planning Depar t.ment SUEJECT:, _-.--- ZCA 123 - MOBILEHOME PARK ZONE - To consider an amendment of the Zone Code to establish a Mobile- home Park Zone. As th~ Planning Comnission may recall, a Draft Nobilehome Grd:lnance was considered at the Commission Meeting of April 23, 1980. At that time, the Planning Commission referred the item to City Council to establish a Mobilehome committee to consider and modify the proposed ordinance. On May 6, 1980, the City Council appointed z nine member committee repvesentinq Mobilehome Park Residents, Mobi lehome Park Owners, a citizen at large, the Chamber of Commerce, Plann- iny Commission and City Council. Several meetings were held over the past few month3 to consider the Mobiiehome Park Ordinance. Attached for your cons2deratio.n is the final drzf t ordinance (Exhibit "A") established by the Committee. The major features of the ordinance are as follows: 1, Thc estahllshrnent of a. new P .bilehome Park Zone (RFEP) --- - The establishment of a separate zone is the most signi- ficant change to the original ordinance presented to the Commission. As the Commission may recall, the original draft recommelrded an overlay zone which could be applied to any existing residential zone. A new zone will require a zone change for all new proposed MoSilehome Parks and a rezoning of all existing Mobile- home Parks. If this ordinance is adopted, staff will brinq back a resolution to rezone a11 the existing Mobilehome Parks to the IUIHP zone. 2. The deletion of a12 existing provisions relating -- to Mobil ehornes in the Zoning Ordinance __.---I-- ~_.__--_l_l ------I- - This would entail the deletion of the Conditional Use Permit requirement for Mobil-ehomes in' residential zones. Henceforth, any Mobilehome must be located in the new Mobilehome Park Zone and may not be approved by a CUP. The deletion of the CUP requirement is part of the attached resolution (Exhibit "B") 1. 4. 5. The establishment of a permit process and development - s tanda r d s ^_L_~_--I--II-~- I--___- -. A discretionary permit for development will be required in the KETIlP zone and will be based on a set of develop- ment. standards established as part of the ::one. All st?nd.ards must be met ~s listed in the RMHP zone prior to approval of a Mobilehome Park. The Planning Cojnmis- siGn and City Council are the revj.ew bodies for a Mobilehome Park Permit. The establishment of requirements for removal of the - zone and for conversion of -- parks-to different Forins of owners hip ---I_-- ----- -- As proposed, conversion of Mobilehome Uses to other Uses would require the removal of the zone and satis-. fact.orily meeting filldings relating to tenant notifi- cation, general plan consistency and mitigation mea- sures to impacted tenants. The establishment of reauirements for conversion of - rental units to ownership units. The proposed ordinance provides for the meeting of specif i.c findings prior to the conversion of rental units to owncrship units. The findings relate to tenant notification, general plan consistency and the ri’ght of purchase to the existing tenants. As an attachment to this report, (Exhibit “C”) the Planning Commission will find a mei-iiorandum from lilary Casler the Committee Representative from City Councll which indicates suggested modifications to the proposed ordinance. Also attached for Planning Commission review is a letter submitted by Joe Bastone, President of Lakeshore Garden and a member of the Committee and a letter from three residents of Rzinbow Carlsbad P4obile- home park, two of which are members of the Comiittee. Staff has reviewed the comments and has found that many convtients over1.a~. The Planning Conmission should consider these comments in their approval of this ordiance. StaEf is recommending that the Planning Commission adopt the modifications proposed by Mary Casler in that they best represent a concensus of the concerns and still meet the intent of the Committee. Stqff feels that the ordinance represents the best compromi’se of many divergent viewpoints. Although everyone of the committee is not entirely satisfied with all aspects of the ordinance, the committee felt the overall ordinance was acceptable. Staff feels the ordinance, with the suggested modifications, can be implemented and will serve to protect the interests of both Mobilehome Park Owners and Mobilehome Park Resi- dents. It is 1:ecomended that the Pl'anning Commission adopt Reso- lution No. 3690 recormending nppr.=>va?- of ZCA 127 .to the City Council based on the findings co;itained therein. Resolution No. 169;3 Exhibit "A", dated. September 3, 1980 Exhibit "B", dated September 3, 1980 Exhibit "C", Memr-, from Mary Casler, dated September 3, 1980 Let-ter from Joe Hostone dated August 13, 1980 Letter from residents of Rancho Carlsbad, dated August 19, 1380 -. . -' . ~eptcrnbcr 3, IYel! TO: F ROC1 : Mary CasJ-er SUBJECT: Propocccl Mobile Home Park Zonc . C a r I s bad P la nn .i n 13 C c?;irg! j. s s i. 0 i7 -_ A You will.be considering ado6tion of a Mobile Hone Park zone, keconimendar! for adoption by a committee of.' 9 persons repre- senting .moliile home park residents, a mobile hom~ park obiner, an R-J. ULiner, a representative of the Chamber, the iJlanning Commission and ths City Council. During the Ic?st few hieoks since the committee met, some changes. have beci-1 recommended and are proposed for your consideration.' '. .- r *-,..the rest ofthz parar_).raph. Rationale: Solamar and Lnnakai would not, be able tormcet these stan- * dards< They are both well-kept;. though alder, parks LJhiCh provide a place for more moderate income residents. Add the wording. lrExisting mrjbile home parks shall bc zoned R-MHP on the effccti.vc date of this ordinance and no permit shall bE rEquired." Rationale: This will olininzte further hearings for existing parks, ._ p.4, 2.25 - Change 30 acres to IS acres. Ratir:ri:.i.lr?: _I- Some members of the corcnittee Felt it uould only' be economicblly feasible to devcl.op a rental park of 30 acres, The sugycstion is to leave that decision to the developer, Fifteen acres is still a sizable piece of 1znd and unuld accommodate 80 - 90 home spaces, p.4$ 1.2G - Change wording to "Fifteen percent of the mobi'lo hoine sites may be 3"uO sq. ft. to accommodatE a 20' wide mobile home. Tho, remaining sites shall have a minimum of 3500 sq. ft. in area,'! uLknnn,: The change will tie in uith our housing elcinent to allow low to modcrate income dLicllingr;, pc5, 1.3 - Add ':except for the fifteen pcrccnt affordable p.5, I-.B$ - Change worjing t3 Itfrom side to side six feet'! -*.--"-.- l?atj onr11 Q: Other wordj ng requires carports and patio cov~!rs Lo Lie part of mobile home. housing units uhich may bo 20' iJidcof' p.5, I .173 -Change to "Recreation and laundry areas comb inn^." Most persons thouc:hi. this amount c.xcessive. 2. p.5, 1,252 - Eliminnta first sent,cnca. Lgavc only "The City Council. . . . . .in planning." 1 pe6, 1.7-3 - Change to "Mobile Home P.arks shall be enclosed by solid masonry fences, six feet in hei9htar1 p.6, 1.2.8i - Change lrmaylt to trshall.T1 Ratinnale: It should be man-latory t.hat cI_ sono pla;;-"tilc included, even if the plan says no assistance will be given, p.6, 1,20 - Change wording *of "relocation!' ^io lffinanciall'. Rationale: This makes the meaning more clear. p.6$ 1.23 -.... Add "within the North County area within fiftcen *. . .-.:.- ~ .. miles of the oceant1 Rationzle: "w_ This will tell' i:( 1 the Council Lihat is aVail>Jble.,. ~. It does not . promise relocation in tho area;.,, .- p .6 .I, 2 hL2 7-E 3. i mi n at G this c ondi t i on. R 2 ti or) a 1. E? : 5 o 3. amz r and Lanaltai are both older than 25 ycers, With p.7, L15-i - the existin9 wording no plan on relbcation would bo required, Change 60 days to 180 days. -"-cmr-prm Rationale: If tho tenants wished to organize aritj buy, it. ~~oulcl take longer than 60 days to make the financial arrar!cje- ments. Include the pr0vis.i ,ns of Sectizn 2!-.37,1!0, Rationale:. It dill. be as difficult for mobile hornc renyers to relocate in a conversion as in a change of zones 8 Co,m,cnts 02 Mcbil Hcme Ordinance, On page 2 item 14 line 18, Designates goals and objectives of gmeral plan, especidly housing elemento L P.s.. this. ordinarxe ic.wri.tti3n it 13 cnntray to Geceral, plana Ti:e owners of Mobil home Parks and tenmts of three M,Iio Parks would b? phased...out md. penalized in times Therefore the folloving mrrections-must be made Lo get the support of tenants ab-of the 3 other park omers in Ca.rlsbade. 'The ordimrice favors only one park omer 2nd makes prisor,ers of his tenantso (Torrections cissired by tenants aad other park omszs are as followsaoeo* Pag9 2 Section 21.37.O3Oa Delete on line 28 everything following WCZ~ sect.Lon ., . Pace 4 item (1) change 30 acres to 15 acreso Item 2,~ delete 3730 Sq. Ft, and c,dd to end-of pragra2h (15% 03"slte.s shall be 31000 SQ. Ft.) for lower incore gi'oupso Item (3) add ,to it. (i'ccept for above) (conform -to) eliminate(al1) on same line, Page 5 Section 21937.1G0 Iterrk -cF~age- to 29,Tt. instead or" 24 Yt, \iidie ). .. ' Itern (7) Mter uordrfollows. from side to side 6 ~t, instead. of tcn except next to min buildings 10 Fta Item 10 at end of home site, add (excluding driveways) Itern 11 line 17* after work areas add. combine&. Item 13 Delete a11 uords beginning uith word Either on line 2% to lin- 28 which ends with word provided. Item 16 blcte (by landscaping) on line 7* of page 6 & online 8 (01: both) Section 21037,110, ?age 6 iteml on line 13 The housing element will be' changed. to conforn :rith the ordinance, i Line 22$- item (C) add after word both Kaxirn-a of 15 rniles ezst cf oceanD Line 26 item (D) Delete. Sictior, 2L03?,120, Page 7 Line 4, Last sentence needs cla.rifi::ation. Line 12* change 60 days to 120 days. Item (3) on line 1%- after word made...adda(to follow), Since this ordinance Pas made no provisions for low or rrarlerat'e incomes we have added 15% of sites to be of sm%ller sq, ft, to be able to ackoxo&ie= sd.ler homes.- at lower rentals; As written it would.'ce detrimental to the objeckive of c?eveloFment of . lower c~st housing for the young as.,xell as the elderly, Larger site would Time Lin;itztion on phasing out Mobil homa prks wouM .depreciate both raquire higher rental costs The changes requested would mke Ckrlsbad a City of attractive Ibkil hcne parks and-inducs more development of M.H,P, and glve equal treatment %cr Omers: of Parks; as:. well tenants, Lakeshore Game 3 m7,(311 Aveoidn Encinas &e Bastone Pres. G.S,M.D,L.. Lakeshore Gardem PhorLe b38 334-7 , ar (Line L8.5) 22 -8 *- L . ,*' Typical mobilehone installation as per proposed ordinance, utilizing the maximum 75 percent of allowable lot area. There are numerous approved variations to this plan. under no circumstances will any mobilehome or mobilehome accessory building be located closer than three feet (3') from side or rear property line. The. proposed development standards e'qual ar exceed applicable. State Mobile Home Park Act Regulations, However, .. ------A -- . 4 a I i II I I' I I I 1 I .. .* .. .* 1 2 4 '5 6 7 8 .. 49 ADDrTloN 10 11 12 13 14 15 16 17 18 19 20 21 22 .' 23 24 25 26 27 28 21.37.120 Conversion. (a) "Conversion" means a use of the mobile home park for a purpose other than the rental, or the holding out for rent, of two or more mobile home sites to accommodate mobile homes used for human habitation, A conversion may affect an entire park or any portion thereof. Conversion includes, but is not limited to, a change of the park or any portion thereof to a condominium, stock cooperative, planned unit development, or any form of ownership wherein spaces within the park are to be sold, Conversion does not include a change in the use of the property requiring a change of zone . (b) No conversion shall be allowed unless a permit therefor has been approved by the City Council according to the procedures egtablished in Chapter 21.47 of this code, Council finds : Section 798.56(f) has been or will be given. stock cooperative project, planned unit develcpnent or other form' of ownership has been or will be given notice of an exclusive right to contract for the purchase of their respective site or mobile home lot upon the same terms and conditions that such site will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a periad 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. (c) No conversion permit shall be issued unless the City (1) That the notice required by California Civil Code (2) Each of the tenants of the proposed condominium, 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 Carlsbad Journal within fifteen days after its adoption. 1 INTRODUCED AND FIRST READ at a regular meeting'of the Carlsbad City Council held ob the day of - I 1980 and thereafter PASSED AND ADOPTED at a regular meeting of said City Council Carlsbad Journal Decreed a Legal Newspaper by the Superior Court of Son Diego County 3 138 ROOSEVELT ST. 0 P.O. BOX 248 CARLSBAD, CA 92008 729-2345 Proof of Publication STATE OF CALIFORNIA, ss COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of Sun Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established and published at regular intervals in the said City of Carlsbad, County of Sun Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: W202-2M-9885 NOTICE OF PUBLIC- HEARING ZCA-l23(A) NOTICE IS HEREBY GIVEN that thecity Council oftheCityof€arls- bad will hold a public hearing at the City Council Chambers. 1200 Elm Avenue, Carlsbad. California. at 6:OO P.M.. on Tuesday, November 5. 1985. to consider an application for an amendment to the Zoning Ordinawe to make a minor revi- sion to the Resideqtial Mobile Home Park Zone. i. If you, challenge the Zone Code Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice. or iq written corre- spondence delivered to the City of Carlsbad at or prior to the public hearing. Applicant: City of Carlsbad CJ 4628: October 26. 1985 CARLSBAD CITY COUNCIL October 26 85 ................................. 19 .... ................................. 19.. ................................. 19 .... ................................. 19 .... ................................. 19 .... I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad County of San Diego, State of California on the 26th Clerk of the Printer NOTICE OF PUBLIC HEARING ZCA-123 (A) NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 6:OO P.M., on Tuesday, November 5, 1985, to consider an application for an amendment to the Zoning Ordinance to make a minor revision to the Residential Mobile Home Park Zone. If you challenge the Zone Code Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. APPLICANT: City of Carlsbad PUBLISH: October 26, 1985 CARLSBAD CITY COUNCIL "ICE OF PUBLIC HEARING NOITCE IS HEREBY GIVEN that the Planning Camnission of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 6:OO p.m, on Wednesday, October 9, 1985, to mnsider zpproval of an anendment to the Zoning Ordinance to make a minor revision to the Residential Mobile Hme Park zone, Those persons wishing to speak on this proposal are cordially invited to atterd the public hearing. Office at 438-5591 , If you have any questions please call the Lard Use Plannillg If you cfiallenge the Zone Code Amedment in court, you may be limited to raisirq only those issues you or scsneone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. CASE FILE: ZCA-l23(A) APPLICANT: CITY OF CARLSBAD PUBLISH: September 28, 1985 .. . .. .. .. . , . .. .. ..