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HomeMy WebLinkAbout1980-10-28; City Council; 6376-1; Mobilehome Park Zone- .. ~. CITY OF CAKLSBAC ------.---- ‘,A4 ,) “ Initial : C. Myr * Stlbject: I MOBILEHOME PARK ZONE (ZCA /J3) The City Council, at its meeting of OctobLr 7, 1980, directed.the City Attorney to prepare the necessary . documents approving Zone Code Amendment 123 re Mobile- home Park Zone. An ordinance has been prepared in that regard and it is attached. Exhibits Ordinance No. 9x6 L/ . Recommendations If the City Council concurs, your action is to introduce Ordinance No. 9’56 .cif. Council Action: 10-28-80 Council introduced Ordinance No. 9564. 11-1 8-80 Council adopted Ordinance No. 9564. r A 1 2 '3 & 4 E v E 7 E 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 Drdain 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" neans a residential buildincr, dwellins unit, or an individual iiwelling 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 partiall% assembled onsite in accordance with building standards publishecl 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 hQme lots are rented, 1 2 3 4 5 9 10 11 12 13 14 15 16 17 1E 1s 2c 21 22 2: 24 2f 2E 27 2f G 4- Leased or sold, or held out for rental, lease or sale, or owned in iommon as part of a condominium, to accommodate mobile homes for iuman habitation. Mobile home park does not include mobile home sales or display lots, or areas containing mobile homes used 2xclusively to provide temporary housing for farm employees €or shich a tenporary occupancy permit has been issued by the lepartment of Public Health. SECTION 2: That Title 21 is amended by the addition of Jhapter 21.37 to read as follows: CHAPTER 21.37 ‘RMHP RESIDENTIAL MOBILE HOXE 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 .lo0 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 ?/lobile Home Park Zone Conversion 21.37.010 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, 21.37.020 Permitted Uses. Only the following uses are (1) Mobile home parks consisting of mobile homes. A mobile parks may be established, maintained and protected. of existing mobile home parks to another use. with appropriate physical amenities. especially the Housing Element. 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 rot have a height exceeding four feet or an area exceeding 40 square feet. -2- 1 6 7 8 9 10 11 12 13 1.2 15 16 17 18 19 * 20 21 22 23 2 3 4 21.37.040 Application. Application for a mobile home park permi-t 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: (1) An application for a mobile home park permit may be 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. (6) If the proposed park will be a condominium or planned 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. 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. I' (5) If the project is to provide open are3.s and recreational 21.37.030 Permit --- Required. No person shall develop a mGbile home park. and no mobj.Pe-horne park shall be established unless a mobile home park permit has been issued according to this chapter. Nobi1.e hove 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. 24 25 26 27 28 21.37.050 Transmittal- to the Planning Commission. The Plnn- I ning 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. 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(1) of this code. i -3- 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 8 21.37.060 Planning Commission Report. - The Planning Commissio: shall-hear and consider the Fpplication for a mobjle home park permit and shall prepare a report and recommendation for the City Councj-1. 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 hone 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 shallapply to all mobile home parks: (1) The overall plan shall be comprehensive, entbracing 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 existing and planned land use and with circulation patterns on adjoining properties. It shall not constitute a disruptive element to the neighborhood or community. (4) Common areas and recreational facilities shall be located so as to be readily accessible to the occupants of the dwelling units and shall be well related to any common open spaces provided. 21.37.100 Development Standards. A mobile home park shall (1) A mobile home park shall be not less than five acres for comply with the following developmenF 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 sq.ft. in area to accommodate a '20' wide mobile home. The re- maining sites shall have a minimum of 3,500 sq.ft. in area. -4- 4 A I I If 11 17 1E 1s E- 2c 21 22 23 24 25 26 27 28 (3) Each mobile home lot shall have a width of not less than (4) Not mme 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 subsxti-un 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 mo5ile 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. (10) The area of the mobile home and all mobile home 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. (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: 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. (A) No roadway shall be less than 32 feet in width if (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 a 3 10 11 12 13 14 15 15 17 18 ig 20 21 22 23 24 25 26 27 211 .a .c (D) Mobile home Fark streets shall be lighted in accord- ance with the standards established by the City Engineer. space per ten mobile home units. towards meeting this requirement. (14) recreational facilities in accordance with principles of good planning. (15) Utilities. (13) Visitor parking shall be provided at a ratio of one On-street parking may be counted The City Council may pernit decentralization of the (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 Comiiunj-ty Developinent . (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 (189 A11 new mobile homes shall bear a valid insignia of 21.37.110 Renoval 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 tenancq will be met. (3) That for property used for a mobile home park, a pl.an 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 h7ho 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: /// //I -6- 11 .. .* I 4 I I I 1 ! I( 1: 1: %I 14 It It 17 1E 1% 2c 21 22 23 24 25 26 27 28 (C) The availability of relocation housing, sites for 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 conununity 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 honre park for a purpose other than the rentad-, or the iolding out for rent, of two or more mobile home sites to accorn- nodate mobile homes used for human habitation. A conversion may iffect an entire park or any portion thereof. Conversion in- zludels, 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 :he 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. Iounci1 finds: Section 798.56(2) has been or will be given. stock cooperative project, planned unit development or other forn )f ownership has been or will be given notice of an exclusive Tight to contract for the purchase of their respective site Gr nobile home lot upon the same terms and conditions that such site vi11 be initially offered to the general public or terms more :avorable to the tenant. The right shall run for a period of not Less than 180 days from the date of issuance of the subdivision mblic report pursuant to Section 11018.2 of the Business and 'rofessions Code, unless the tenant gives prior written notice of iis intention not to exercise the right. (3) That the conversion is consistent with the General 'lan, 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, SECTION 3: That Title 21, Chapter 21.42, Section 21.42.010(2) >f the Carlsbad Municipal Code is amended by the deletion of ;ubsection (G) which reads, "Mobile Home Parks (not permitted in commercial or industrial zones) . 'I EFFECTIVE DATE: This ordinance shall be effective thirty iays after its adoption, and the City Clerk shall certify to the idoption of this ordinance and cause it to be published at least -7- . *. .. - 3 2 z 4 F 8, e 1 E s 1c 13 12 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ?8 once in the Carlsbad Journal. within fifteen days after its adoptio: INTRODUCED AND FIRST READ at a/reguiar meeting of the Carlsbac , 1980 and thereafter adjou ned City Council held on the28th ___. day of October PASSED AND ADOPTED at a regular meeting of said City Council held on the 78th day of Nov&er , 1980 by'the following vote, to wit: AYES: NOES : Council Member Anear ABSE:NT: None Council Members Casler, Lewis and Kulchin ABSTAIN: Council Member Packar &&&/,LZLkl I RONALD C. PACKARD, Mayor ATTEST : dk7a,zA7 ALETHA I,. RAUTEIJKRANZ, City Clerk k (SEAL) -8- IN IT IAL STUDY SUr"IMARY DATE : February 28, 1980 TO : James Hagaman, Planning Director FROM: Brian Milich, Assistant Planner SUBJECT: EIA NO. 650; ZONE CODE AMENDMENT TO PERMIT THE REGULATION OF LVATER RECLAMATION (ZCA-123) DISCUSSION The proposed project involves an agreement to Section 21.36.050 of the Public Utility Zone. Specifically, this agreement would permit the City Council to impose certain conditions on a Precise Development Plan (which is required under the P-U Zone) regarding the "Regulation of the type, quality, distribution and use of reclaimed water, or reclaimed wastewater" a This amendment is deemed necessary given the city's recent concerns and efforts regarding the regulation of reclaimed water. On the two precise development plans processed by the city for satellite treatment plants, conditions have been imposed for the regulation of water reclamation. Recommendation It is recommended that a d~eclaration of negative environmental impact be issued for the proposed project based on the following justification: 1) The project is administrative in nature and would not adversely affect any environmental resources. 2) The amendment would allow the city to regulate the use of reclaimed water, thereby increasing the potential for water conservation. 3) The regulation of water reclamation provides the city with a means to ensure that such reclamation use and distribution will not adversely affect public hea.lth or any environmental resources. BM:ar I 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 TELEPHONE: (714) 729-1181 NOTICE OF DE'ERWNATION .. . 650 LOG NO. COUNlrY mRK County of San Diego SECRETARY FOR RESOURCES 1416 Ninth Street 220 West Broadway Room 1311 . San Diego, CA 92101 Sacramento, CA 95814 1 '! PmCT TITLE: ZONE CODE AMENDMENT pma ADD%%: CITY OF CARLSBAD - p. .. CITY OF CARLSBAD PERMIT APPLICANT: ENVIRO~NTAL IMPACT OF TKE PROJECT Q IVIU NOT HAVE A SImIFICANT EFFECT EFFECT &El IVILL/NAY HAVE A SIGNIFICANT 'STATUS OF PROJECT .w APPROVED cl DENIED 'ENVIRO?W"AL IMPACT REPORT ,+ , I e. . '. .. .. NONE CONPLETED PURSUANT TO CEQA a 17 COMPLETED PURSLTANT TO CEQA, , A copy of the dNqptive T)eclaf , I. documents is available for public revi City Hall, 1200 Elm Avenue, Carlsbad, . (t,. 0. -. ' .. . .. DATE: JUN 24 1980 SI . 4 1. ' , .. . - .. ... .. . .. . , .. 3 ... .. .. ,. .. ...,I, %.. .. '. ~..---....II r......, . .... ^._.I ..... .-. . .I ~ 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Citp of GarIs'bab NEGATIVE DECLAPATION ZONE CODE AMENDMENT PROJECT TI=: TELEPHONE: (714) 729-1181 CITY OF CARLSBAD PROJEcTr 'I%cATLoN: PEUJE:C=r DESCEUPEON: The proposed project involves an agreement to Section - 21.36.050 of the Public Utility Zone. Specifically, this agreement would Development Plan (which is - required under the P-U Zone) regarding the "Regulation of the type, quality, distribution and use of reclaimed water, or reclaimed wastewater". This amendment is deemed necessary given the city's recent concerns an2 efforts regarding the regulation of reclaimed --- I water. - PRGXCT PRO-: CITY OF CAFUSBAD The, Cit3* of Carlsbad has cmchcted ilzl envirmtal review of the abuve descr.'Lhed project pmsait tu the Guidelines for Irnplenvntatim of the Califoinia Ehviror~tal Qality .kt ad the Environmental koteztioi-L Oidi.Emce 01 the City of Carlsbacl. s3i.ci review, a draft Kegative Lkch.ration (DecI CzL'ztim of bn-SigniEicznt 'mpact) is kre5y issued for the subject project. Planning Department. A copy cf the Negative Qefiasation w.i-th supportive doamiints is GS. file in the Planning Departrrmt, City %ll, 1300 Elm Aveme, Carlsbad, cA_. i.xv+ted, days of d2ce of pblication MARCH 1, 1980 As a result of Justificatkm €or tEs action is on file in the Ca-mmts frcm the public are Please submit cmnts in writing tr, the Plmnbig C&ssic~rr vitExin five (5) DA1E.D: >--2*&r& CITk' GF CYIUS c- NOTICE OF DECLARATION NONSIGNIFICANT ENVIRONMENTAL IMPACT . NOTICE IS HEREBY GIVEN that the City of Carlsbad has issued Negative Declarations for the following projects: LOG NO. 650: The proposed project'involves an agreement to Section 21.36.05 of the Public Utility Zone. Specifically, this agreement would permit the City Council to impose certain conditions on a Precise Development Plan (which is required under the P-U zone) regarding the "Regulation of the type, quality, distribution and use of reclaimed water, or reclaimed wastewater". This amendment is deemed necessary given the city's recent concerns and efforts regarding the regulation of reclaimed water. APPLICANT: CITY' OF CARLSBAD .- CASE NO: ZCA-123 A copy of the subject Negative Declarations with supportive information is available for public review at the Planning Department, City Hall, 1200 Elm Avenue, Carlsbad. Comments from the public are invited. writing to the Planning Department within five (5) days from the date of this notice. Please submit comments in PUBLISH: MARCH 1, 1980 - --I Address: (2q3 *- 3 e I-- Name of Applicant: Permit Appl ied For:- e &2-= Ad &a&-iv- I I BACKGROUND -.- INFORMATION 3. Describe energy conservatioii measures incorporated into ? the design and/or of the project. I? .LANN I NC; .. 'I 4- -I .-I , ENVIRONMENTAL IMPACT ASSESSMENT FORM .- I I e Env i roninen ta 1 Irnpac t Ana 1 ~s -- i s Answer the following questions by placing a check in the appropriate space. ..No - Yes -c .. ,/ . 1. Could the project significantly change present land uses in the vicinity of the activity? Could the activity affect ths use of a recreational I. . 4 2, area, or area of important aesthetic value? - 3, 'Could the activity affect the functioning of an / established cornmunity or neighborhood? - -- .. .. 4. Could the activity result in the displacement of u community .residents? -- ./ 5. Are any of the natural or man-made features in the activity .area unique, that is, not found in other parts of the 6. , 7. .. .. 8. 9. 13. 14, County, State, or nation? .Could the activity significantly affect a historical or .. ./ archaelogical site or its setting? - Cwld the activsty significantly affect the potential use, extraction, or conservation of a scarce natural res- /* surce? - Does the activity area serve as a habitat, food sowce nestjnq place, source of water, etc. for.rare or endangered . 4/ .. wild1 ??e' 01; fish species? Could the activity significantly affect fish,,wildl ife or p1an.t; life? Are there any rare or endangered plant species in the activity area? . Could the activity change existing features of any. of the city's lagoons, bays, or tidelands?. Could the activity change existing features of any of the City's beaches? Could the activity result in the erosion or elimination of .agricultural 1 ands? Could the activity serve to encourage dcvelopnicnt of presently utidcvcloncd areas or intensify dcvelopmeht of already dcve'loped arcus? IWRM - 44, Page 2 of 4 ' .\ .. c J -- 16. 77. 18. ' 19. 20. . 21. 22 a 23 e . 24. . 25. & .' 26, .u/ standards (air, water, noise, etc)? --I -_. . I5 ... Will the activity require a variance from established environmental Mi71 the activity require certification, authorization or issuance of: a permit by any. local, State or Federal environmental control agency? . / -- . - -. Will the activity require issuance of a varia'nce or conditional ' / use permit by the City? - - Will the activity involve the application, use, or disposal of / potentially hazardous materials? -- Will the activity involve construction of facilities in a flood epl ai n? Will the activity invo'lve construction of facilities OR a slope of 25 percent or greater? - .. i/ Will the activity involve construction of facilities in the area of an active fault? Could the activity result in the generation of significant amounts of noise? Could the activity result in the generation of significant amounts of dust? krill the activity involve the burning of brush, trees, or other materials? . ~ .. Could the activity result in a significant change in the . uality of any portion of the I-egion's air or water resources? Should note surface, ground wcter, off-shore) . Will there be significant change to existing land form? -. ./ / - 9 __ (a) indicate estimated grading to .be done in cubic yards. .. (b) percentage of alteration to the prescnt*land form. - (c) maximum height of cut or fill slopes. _I_ sewers, drai ns or streets? - _I- .27.' Will the activity result in substantial increases in the use of utilities, / 111. .- State of No Siqnificant Environmental Effccts If YOU have answered yes to one or more of'the questions' in Section I1 but you think the activity will have no significant cnvironnicntal effects, indicate your reasons below: 7) dj+m -3 SCM &W&' nbi &A d/U Ab iA d!~ 1 . .. CGIJWhr~ * '1 I'd: Comments or Elaborations to Any of the Questions in Section 11. -- I_^__._ I_--_.----- (If additional space isj'needed for answring any questions, attach additional sheets as may be rieeded.) Date Signed: ZJ2?#hO Conclusions (To be completed by the Planning Djxector). Place a check in the appropri2t.e box. ( ) Further information is required. ( ) It has been determined that the project will not have significant environmental effects. ( ) You must submit a preliminary ( ) You should make an appointment with the Plannincj Director to discuss further processing of your project, in accordance with Chapter 19.04 of the Municipal Code. environmental impact statenent by the following date. ---- DATE RECEIVED: 7 - 3 .I- * MEMORANDUM DATE : February 27, 1980 TO : Planning Commission FROM: Planning Staff SUBJECT: PROPOSED ORDINANCE RE WATER RECLAMATION, ZCA-122 Over the past several years the Council has shown great concern over the regulation of reclaimed water in the City. On the two precise development plans that have been processed by the City for satellite sewage treatment plants, conditions have been required for the regulation of water reclamation. The basis for this regulation has been implied from Section 21.36.050, which states the kinds of things that can be regulated by a PDP, but does not limit the regulations to those particular items stated. The City's authority also stems from the constitutional police power and the power to regulate sanitary conditions. The proposed ordinance specifically enumerates regulation of reclaimed water as a condition of a precise development plan. This relatively minor change is a step in the City's continued effort to develop a comprehensive regulation of satellite sewage treatment facilities and reclaimed water in the City. Recommendation It is recommended that ZCA-122 be APPROVED as contained in attached Exhibit "A" dated February 26, 1980, for the following reasons: 1. This amendment will allow the City to regulate the use of reclaimed water as part of approval of waste water treatment plant. 2. This amendment is a step in the City's effort to develop a comprehensive regulation of satellite sewage treatment facilities and reclaimed water in the City. c Attachment Exhibit "A", 2/26/80 . BP : ar The City Council of the City of Carlsbad, California. docs hereby ordain as follows: SECTION 1: That Title 21, Chapter 21.36, Section'21.36.050 of the Car1sbad Municipd- Code is amended by the addition of Subsection (12) to read as follows: " (12) Regulation of the type, quality, distributjon and use of reclaj-med water or reclaimed wastewater. I' I EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, axid the City Clerk shall certify to the adaption of this ordinance and cause it to be published at least once in the Carlshad Journal within fifteen da.ys after its adoptio.r,. INTRODUCED AND FIRST FXAD at a regular meeting of the r -- day of Carl-sbad Cit-y Council held on the -_1_ 1.980 and thercafl-er '* PASSED AKD ADOPT123 at a regular mcetj-ng of said City Council hc1.d on the day of . 1980 by the fol.lotrj.ng v~tc , to wit: AYES : NOES: ABSENT: INITIAL STUDY SUMMARY DATE : March 10, 1980 TO : James Hagaman, Planning Director FROM : Brian Milich, Assistant Planner SUBJECT: EIA NO. 656; MOBILE HOME PARK OVERLAY ZONE (ZCA-123) DISCUSSION Based on City Council direction, staff has prepared a draft Mobile Home Park Overlay Zone. The proposed Zone Code Amendment would permit mobile home parks in any residential or planned community zone where the overlay zone has been applied. Once this overlay zone is applied to a piece of property, no other use is permitted except for a mobile home park. The intent and purpose of such a zone is to provide locations where mobile home parks can be established and to promote and encourage development in such parks with appropriate amenities. More specifically, the amendment would establish new definitions of mobile homes, mobile home lots and parks. The overlay zone would allow traditional mobile home parks, in addition to mobile home condominiums and planned unit developments. be 2 acres. Specific development standards are to be established by the City Council through the adoption of mobile home park standard policies. The minimum area for a mobile home park would Beside requesting that the mobile home park overlay zone be applied to the subject property, an applicant for a mobile home park would also have to apply either for a conditional use permit (standard mobile home park), a condominium permit or a planned unit development. Thus, in all cases, discretionary action including an environmental impact assessment would be required prior to any development of the site as a mobile home park. RECOMMENDATION It is recommended that a declaration of negative environmental impact be issued for the proposed project based on the following justification: JUSTIFICATION The project is entirely administrative in nature and would not directly affect any environmental resources. Prior to the development of a mobile home park, some type of discretionary action including an environmental impact assessment would be required. The proposed overlay zone would provide the city with a means to regulate mobile home parks, ensuring that they are properly developed and beneficial to the community. .- 1200 ELM AVENUE CARLSBAD, CALJFORNIA 92008 TELEPHONE: (714) 729-1181 Citp uf Carls'bsb NEGATIVE DECLAPSLTION PmcT TITLE:: ZONE CODE AMENDMENT - P??m DESmTICN: The proposed Zone Code Amendment would permit mobile home parks in any residential or planned community zone where the overlay zone has been applied. Once this overlay zone is applied to a piece of property, no other use is . permitted except for a mobile home park. The intent and purpose of such a zone is to provide locations where mobile home parks can be established and to promote and encourage - - development in such parks with appropriate amenities. More specifically, the amendment would establish new definitions of mobile homes, mobile home lots and parks. The overlay zone would allow traditional mobile home parks, in addition to mobile home condominiums and planned unit developments. Minimum area for a mobile home park would b e 2 acres. - CITY OF CARLSBAD - PR9EGT PRO-: uy: NO: 656 PERI4ITJFII.E N3: ZCA-123 The City of Carlsbad has condwted illl envirmtal reviw of the above described project prtrusatlt to the Guidelines for 'Implemmtatim of the California Envirmtal Qtlity kt azd the. Envirormntal Protection Ordi-nsnce of the City oE Carlsbad. said review, a &aft t?eBTtive I?cclaratim (kcla~tim of tbn-Sigtiificmt Impact) is h~re5y issued for the subject project. Planning Department. As a result of Justification for this action is on file in the A ccpy of the >legative Declaration wJ.iti7 supportive doaments is GII file in the Plannihg Depztrciit, City Xdl, 1200 Elm Avmm, Caxls'uad, CA. ix.c!.ted. Cfimmts frm thz pclblic are Please submit cmnts in writing to the Plmnizig CdssFor. within five (5) days of &re a€ phlication MARCH 15, 1980 .. - -- ! NOTICE - OF DECLARATION NONSIGNIFICANT ENVIRONMENTAL INPACT ._ NOTICE IS HEREBY GIVEN that the City of Carlsbad has issued Negative Declarations for the following projects: LOG NO. parks in any residential or planned community zone where the overlay zone has been applied. Once this overlay zone is applied to a piece of property, no other use is permitted except for a mobile home park. The intent and purpose of such a zone is to provide locations where mobile home parks can be established and to promote and encourage development in such parks with appropriate amenities. More specifically, the amendment would establish new,definitions of mobile homes, .mobile home lots and parks. zone would allow traditional mobile home parks, in addition to mobile home condominiums and planned unit developments. 656: The proposed Zone Code Amendment would-permit mobile home The overlay Minimum area for a mobile home park would be,. 2 acres. .- APPLICANT: CITY OF CARLSBAD CASE NO: ZCA-123 . A copy of the subject Negative Declarations with supportive information is available for public review at the Planning Department, City Hall, 1200 Elm Avenue, Carlsbad. Comments from the public are invited. writing to the Planning Department within five (5) days from the date of this notice. Please submit comments in PUBLISH: MARCH 15, 1980 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 - TO: COUNTY CLERK County of San Diego 220 West Broadway San Diego, CA 92101 NOTICE OF DETERIVINATION SECRETARY FOR RESOURCES 1416 Ninth Street Room 1311 Sacramento, CA 95814 TELEPHONE: (714) 729-1181 .. LOG No. 656 PROJECT TITLE: ZOI& CODE AMENDMENT (ZCA-123) Ll WILL NOT HAVE A SIGNIFICANT EFFECT :El lyILL/MAY HAVE A SIGNIFICANT EFFECT SATUS OF PROJECT a APPROVED a DENIED " ENVIRONMENTAL WACX REPORT ... . . ,. MONE COMPLETED PURSUANT TO CEQA CXlMpLETED PURSUANT TO CEQA I. .* a R A copy of the ONegative Declaration OETR with supporting documents is available for public review at the Planning Department, City Hall, 1200 Elm Avenue, Carlsbad, CA 92008. IlATE: SIGNED: .- JAMES C. HA-, Planning Director .. ?EE: a50.00 ENVIRONMENTAL IMPACT ASSESSMENT FORM Receipt No. EIA NO. :;E& Name of Applicant: Location of Proposed Activity: BACKGROUND INFORMATION t:, Give a brief description of the proposed activity (attach any preliminary development plans). 2. Describe the activity area, including distinguishing natural and manmade characteristics; also provide precise slope analysis when appropriate. I. .. 3. Describe energy conservation measures incorporated into the design and/or operation of the project. . FORM - 44, Page 1 of 4 PLANNING ENVIRONMENTAL IMPACT ASSESSMENT FORM 11. Environmental Impact Analysis Answer the following questions by placing a check in' the appropriate space. . Yes - .. NO ,- ./- 1. 'Could the project significantly change present land uses 2. Could the activity affect the use of a recreational area, or area of important aesthetic value? 3. *Could the activity affect the functioning of an .. - . in the vicinity of the activity? - . L/ - J. .-- established community or neighborhood? 4. Could the activity result in the displacement of _. . 5. Are any of the natural or man-made features in the activity community .residents? - area unique, that is, not'found in other parts of the County, State, or nation? 6. .Could the activity significantly affect a'historical or . archaelogical site or its setting? - J J' - . 70 Could the activity significant7y affect the potential \ .. use, extraction, or conservation of a scarce natural res- - - .. .. ource? 8. Does the activity area serve as a habitat, food source - nesting place, source of water, etc. for.rare or endangered . 1 wildlife orr fish species? - - /- '9. dould the activity significantly affect fish,,wildl ife or planf life? - .. c f / /. 10. Are there any rare or endangered plant species in the activity .area? , 11. Could the activity change existing features of any.of 12. Could the activity change existing features of any of 13. Could the activity result in the erosion or elimination of .agricultural 1 ands? 14. Could the activity serve to encourage developnicnt of - *. the city's lagoons, bays, or tidelands?. the City's beaches? -- /- 1' . of already developed areas? 7- - .. -1_1 ,. \ ._ .. presently undevclopcd arms or intensify dcvclopmeht .. 0 .. .. . FORM - 44, ,Page 2 of' 4. ' I' . 4- .. .. - I. . __ .. */ 15.. Will the activity require. a variance from established environmental 16. Will the activity require certification, authorization or issuance . of a permit by any. local, State or Federal environmental control agency? standards (air, water, noise, etc)? -- .( ,/ -- 17. Will the activity require issuance of a variance or conditional use permit by the City? - 7 J*. /' / 18. Will the activity involve the application, use, or disposal of potentially hazardous materials? - 19. Mill the activity involve construction of facilities in a flood -pl ai n? .. " i/ 20. Will the activity involve construction of facilities on a slope of - . 25 percent or greater? *. - 21. 22 23. . 24, .25. Mill the activity involve construction of facilities in the area of an active fault? Could the activity result in the generation of significant amounts of noise? Could the activity result in the generation of significant amounts of dust? Will the activity involve the burning of brush, trees, or other materials? . Could the activity result in a significant change in the 9 Should note surface, ground water, off-shore). .. , .. . uality of any portion of the region's air or' water resources? ... ./ --/ / . 26, Will there be ;'significant change to existing land form? -*- .. (a) ' indicate estimated grading to be done in cubic yards. .. " . (b) percentage of alteration to the present land form. .. (c) maximum height of cut or fill slopes. Will the activity result in substantial increases in the use of utilities, i/ .27. sewers, drains or streets? - - 111. State of No Significant Environniental Effects If you have answered yes to one or more of-the questions in Section I1 but you think the activity will have no significant environmental effects, indicate your reasons bel ow: . IV: Comments or Elaborations to Any of the Questions in Section 11. (If additional space is needed for answering any questions, attach additional sheets as may be needed.) . Signature completing report) Date Signed: 5 I./ Conclusions (To be completed by the Planning Director). Place a check in the appropriate box. ( ) Further information is required. ( WIt has been determined that the project will not have significant environmental effects. ( ) You must submit a preliminary environmental impact statement by the following date. ( ) You should make an appointment with the Planning Director to discuss further processing of your project, in accordance with Chapter 19.04 of the Municipal Code. DATE RECEIVED: - / Revised December 22, 1978 FORM PLANNING 44 Page 4 of 4 NOTICE OF PUBLIC HEARING Mobilehome Park Zone ZCA-123 NOTICE IS HEREBY GIVEN that the Carlsbad City Council will hold a public hearing on Tuesday, October 7, 1980 at 6:OO P.M. in the City Council Chambers, 1200 Elm Avenue, Carlsbad, to consider jntroducing an ordinance to create a mobile home park zone within the City of Carlsbad. APPLICANT : CITY OF CARLSBAD PUBLISH : September 27, 1980 CARLSBAD CITY COUNCIL c A- &-* ho'rICE OF PUBLIC HEARING * NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a public hearing at the City Council Chaphers, 1200 Elm Avenue, Carlsbad, California, at 7:OO P.M. on Wednesday, September 10, 1980, to consider approval of an ordinance creating a Mobilehome Park Zone. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. If you have any questions, please call the Planning Department at 438-5591. CASE FILE: APPLICANT: CITY OF CARLSBAD PUBLISH : August 30, 1980 CITY OF CARLSBA~ PLANNING COMMISSION