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HomeMy WebLinkAbout1981-03-03; City Council; 6528; Appeal of Planning Commission to Deny a ZC//s CITY OF CARLSBAD INITIAL AGENDA BILL NO: £.*>"-?g DEPT. HD. DATE: MARCH 5, 1981 ^ CTY> ATTY . DEPARTMENT: PLANNING CTY> MGR CTTT3 "I TS1C^rP • -^J "•--»-• •-' -—_._TL "-...-__:•_ ..._..--.—,. -..__L._ L_L_L'_ -__._U-..~n-.,..-__ .--.... " APPEAL OF A .PLANNING COMMISSION DECISION TO DENY A ZONE CHANGE OF EXISTING MOBILEHOME PARKS TO THE RMHP (MOBILEHOME PARK) ZONE. CASE NO: ZC-227 APPLICANT: CITY OF CARLSBAD STATEMENT OF THE MATTER"; ' This item is an appeal of the Planning Commission's decision to deny a Zone Change of four existing mobilehome parks to the new mobilehome park zone. The Commission denied the zone change because they were dissatisfied with certain provisions of the recently adopted Mobilehome Park Ordinance which establishes development standards and procedures for mobilehome parks. Specifically, the Commission felt that a sunset clause should be added to Subsection 21.37.110(3) of the Ordinance (see attachment). This section presently requires the submittal of a plan indicating mitigating measures to tenants who may be relocated to be reviewed by the City Council prior to removal of existing parks from the Mobilehome Park Zone. The Commission indicated their willingness to rezone the mobilehome parks at the time a zone code amendment to place a sunset clause was approved and directed staff to prepare this amendment for Commission and City Council review. For purposes of background information, it should be noted that the Council considered a 25 year sunset clause provision at the time the Mobilehome Park Ordinance was before them and decided not to include it in the ordinance. At this time, the Council must decide whether to approve or deny the zone change. The Planning Commission considered all evidence relating to the Zone Change and, whether denied or approved the item need not go back to the Commission unless new evidence is considered by the City Council. ENVIRONMENTAL REVIEW The Planning Director has determined that this project will not cause any significant environmental impacts and, therefore, has issued a Negative Declaration, dated December 30, 1980, which was approved by the Planning Commission on January 28, 1981. A copy of the environmental documents is on file in the Planning Department. FISCAL IMPACTS No fiscal impacts are anticipated by this project. RECOMMENDATION It is recommended that the City Council make a determination either to deny or approve the subject zone change based on the evidence before them and direct the City Attorney to prepare the appropriate documents; ATTACHMENTS 1. PC Resolution No. 1755 2. Staff Report dated February 11, 1981 3. Mobilehome Park Ordinance AGENDA BILL NO. 6528 Page 2 Council Action; 3-3-81 Council granted the appeal and directed the City Attorney to prepare documents approving the Zone Change for the four mobile home parks in the City of Carlsbad. 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 PLANNING COMMISSION RESOLUTION NO. 1755 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING A ZONE CHANGE FOR THE EXISTING MOBILE HOME PARKS IN THE CITY OF CARLSBAD FROM: 1. RD-M TO RMHP FOR SOLAMAR MOBILE HOME PARK LOCATED ON THE EAST SIDE OF CARLSBAD BOULEVARD BETWEEN PALOMAR AIRPORT ROAD AND POINSETTIA LANE. 2. R-l-10,000 TO RMHP FOR LANAKAI LANE MOBILE HOME PARK LOCATED ON THE EAST SIDE OF CARLSBAD BOULEVARD BETWEEN PALOMAR AIRPORT ROAD AND POINSETTIA LANE. 3. R-l-10,000 TO RMHP FOR LAKESHORE GARDENS MOBILE HOME PARK LOCATED SOUTHWEST OF THE INTERSECTION OF POINSETTIA LANE AND INTERSTATE 5. 4. R-A-10,000 TO RMHP FOR RANCHO CARLSBAD MOBILE HOME PARK LOCATED ON THE EAST SIDE OF EL CAMINO REAL. APPLICANT: CITY OF CARLSBAD CASE NO: ZC-227 WHEREAS, a verified application for certain property, to wit: Solamar - A portion of Lot "H" of Rancho Agua Hedionda according to Map No. 823 filed November 16, 1896; Lanakai Lane - A portion of Section 29 Township 12 South, Range 4 west, San Bernardino Meridian, Carlsbad, CA. Lakeshore Gardens - A portion of Sections 28 and 29, Township 12 South, Range 4 west, San Bernardino Meridian, Carlsbad, CA. Rancho Carlsbad - Portion of Lot "E" of Rancho Agua Hedionda, according to Map No. 823 filed November 16, 1896. has been filed with the City of Carlsbad, and referred to the Planning Commission; and WHEREAS, said application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 28th day of January, 1981, hold a duly noticed public hearing as prescribed by 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 27 28 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 Change; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission recommends DENIAL of ZC-227, based on the following findings: Findings 1) The zone change is inappropriate at this time in that the RMHP zone does not include a section exempting existing mobile home parks which are 25 years or older from the provision requiring that the owner submit a plan indicating mitigating measures to tenants who would have to relocate in the event the RMHP zone is removed from an existing park in the future and from the provision that the areas of relocation to be considered be located within a 15 mile distance of the Pacific Ocean. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 25th day of February, 1981, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: MARY MARCUS, Chairman CARLSBAD PLANNING COMMISSION 25 26 JAMES C. HAGAMAN, Secretary CARLSBAD PLANNING COMMISSION PC RESO #1755 -2- STAFF REPORT DATE: February 11, 1981 TO: Planning Commission FROM: Planning Department SUBJECT: ZC-227 - CITY OF CARLSBAD - Consideration of a Change of Zone of existing mobilehome parks in Carlsbad to the RMHP Zone (Mobilehome Park Zone) This item is being brought back from your meeting of January 28, 1981. At that time, the Commission closed the public hearing, and then continued the item to the meeting of March 25, 1981. The Planning Commission's intent was to allow concurrent processing of a Zone Code Amendment to the Mobilehome Park Zone. Since that time, the Attorney's Office has determined that the Commission's action does not meet the requirements of the Zoning Ordinance and a memo- randum is attached detailing their concerns. In light of the findings of the Attorney's Office, the Commission must either approve or deny the project at tonights meeting. Based on the reasons presented in the City Attorney's memorandum, staff recommends that the Planning Commission approve the Zone Change. RECOMMENDATION Staff recommends that the Planning Commission adopt Reso- lution No. 1755 APPROVING ZC-227, based on the findings contained therein. ATTACHMENTS 1. Memorandum from City Attorney, dated February 3, 1981 2., Staff Report dated January 28, 1981 3.>' Resolution No. 1755 BH: jt e MEMORANDUM DATE: February 3, 1981 TO: PLANNING COMMISSION FROM: City Attorney SUBJECT: REZONING OF SPECIFIC PROPERTIES TO RESIDENTIAL MOBILE HOME PARK ZONE On October 1, 1980, the City Council of the City of Carlsbad directed the staff to take all steps necessary to initiate a change of zone for the four major mobile home parks within the City of Carlsbad. The or- dinance creating the zone (RMHP) was adopted on November 18, 1980 and was effective 30 days thereafter. The matter of rezoning the four mobile home park properties came before the Planning Commission at a duly noticed public hearing on January 28, 1981. After receiving ex- tensive public testimony the Planning Commission closed the public hearing and began discussing the merits of the matter. After a motion to rezone the four major existing mobile home parks to RMHP died for the lack of a second, the Planning Commission decided to continue the matter for decision for 60 days pending the preparation by the Planning staff of certain amendments to the RMHP zone. The Commission suggested that the amendments add a sunset clause to make the provisions of Section 21.37.110 of the code inapplicable after a certain time period had passed. The intent of this memo is not to discuss the merits of the proposed changes, but simply to remind the Commission of its legal obligations under the code. Section 21.52.050 of the Carlsbad Municipal Code places a time limit upon the Planning Commission's decision making process when consider- ing a zone change. That section provides: "The Planning Commission shall announce its action by formal resolution not more than 15 days following the hearing and said resolution shall recitef among other things, the facts and reasons which, in the opinion of the Commission, make the approval or denial of an ap- ^ plication for amendment necessary to carry out the gen- ' eral purpose of this title and shall recommend the adoption of the amendment by the City Council or deny the application." The Planning Commission has closed the public hearing and continued only the decision making aspect of its action on this application. Once closed, a public hearing may not be reopened and continued, except at the same meeting at which the public testimony was originally heard and then only if all persons who were present at the hearing are still pres- ent. Otherwise a hearing can be reopened only upon appropriate notice. -I- February 3, 1981 PLANNING COMMISSION Page 2 Section 21.54.100 of the municipal code discusses continuances of public hearings without further notice. It states: "If, for any reason, testimony on any case set for public hearing cannot be completed on the date set for such hearing, the person presiding at such public hearing may, before adjournment or recess thereof, publicly announce the time and place to and at which said hearing will be continued. No further notice is required." In this situation, because the public hearing was closed and the Planning Commission continued simply its decision, the continuance provisions of the municipal code and state law are inapplicable and the provisions of Section 21.52.050 apply. There does not appear to be any new evidence which would justify reopening the hearing. Of course, if the Planning Commission determines that additional evi- dence is necessary to allow it to make its decision it may reopen a public hearing upon proper notice. If this was done, the City Council may determine that the Commission has failed to act within a reasonable time and may, by written notice, require the Planning Commission to render a report within 40 days. If the Planning Commission fails to so report within that time period the application for the zone change is deemed approved. The Commission's options at this point are: (1) to deny the applica- tion; (2) approve the application; or (3) approve or deny the applica- tion and recommend that the RMHP zone be amended or that the properties not be rezoned until the code is in fact amended. Of course, the Com- mission could decide to not do anything at all and have the Council make a written request to the Commission to perform its duties under the code. At the public hearing on January 28, 1981 certain comments were made about the permanency of the RMHP zone. This matter was discussed in great detail during the time that the zoning provisions for the RMHP zone were developed. This office made it very clear to both the Plan- ning Commission and the Council that even without a sunset provision reasonable procedures to allow for a change of zone must be incorpor- ated into the provisions of the zone to insure its constitutionality. There is serious doubt as to whether permanently zoning any particular piece of property without any possibility of change is constitutional. For those reasons, the provisions of Section 21.37.110 are written in a manner which establishes a procedure to allow for a change of zone and certainly do not make this zone permanent in any legal sense. February 3, 1981 PLANNING COMMISSION Page 3 According to Section 21.37.110 a change of zone may not be approved unless the City Council, after recommendation of the Planning Com- mission, finds: "(1) That the change of zone is consistent with the housing element. 11 (2) That for the property used for a mobile home park, the applicant has provided notice of termination of tenancy required by the California Civil Code Sec- tion 798.56 (f) and that all the requirements of the civil code requiring termination of tenancy will be met. "(3) That for property use of a mobile home park a plan satisfactory to the City Council to mitigate the impact on the residents of the park has been prepared. Such plan shall include a phase out schedule which establishes a time table 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 plan may include financial assistance. The following factors shall guide the Council in approving or dis- approving the plan: (A) The age of the mobile home park; (B) The number of low income individuals or households needing assistance for relocation; (C) The availability of relocation housing sites for mobile home relocation, or both, having reasonably equivalent amenities within the North County area within 15 miles of the Pacific Ocean." These provisions do not require that any of the assistance in fact be granted, merely that a plan be prepared. The City Council and the Commission are free to determine that for a particular park relocation assistance is not necessary. This provision is now required by Section 65863.7 of the Government code. The provisions of the zone are written in a manner which allow the City Council and the Planning Commission to make reasonable judgments based on the evidence presented to them at the time of each individual change of zone from the RMHP zone. Such provisions are necessary to allow the Commission and the Council the opportunity to meet the needs of the res- idents and the owners, based on the circumstances that exist at the time, If the Commission determines that it is advisable to amend these provis- ions now, it is certainly within their discretion to do so; however, the February 3, 1981 PLANNING COMMISSION Page 4 Commission should remember that this ordinance has already been the product of extensive public input over a period of several months during 1980. It can be expected that the same types of delays in input would be present if this section were to change. In addition, our office must determine if the proposed amendments will violate recent amendments to the Government code. We have not yet under- taken that analysis. It is our advice that the Planning Commission make a recommendation to the City Council on this matter at their meeting of February 11, 1981, The Commission's decision should be based upon the merits of the case, i.e. whether the proposed zone is appropriate for the subject property. Considerations other than the merits are not relevant to the rezoning of the property. VINCENT F. BIONDO, JR., City Attorney BANIEL S. HENTSCHKE, Assistant City Attorney VFB/DSH/lb 1 2 3 4 5 8 9 10 11 12 13 14 15 16 17 18 10 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, ordain as follows: does SECTION 1: That Title 21, Chapter 21.04, of the Carlsbad Municipal 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" 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 tha 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 recreationcil 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 Homo Park" maans an area or tract of land where two or more mobile home lots are rented, 1 2 Z 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 leased or sold, or held out for rental, lease or sale, or.owned in common 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 SECTIONS; 21.37 21.37, 21.37, 21.37 21.37, 21.37 21.37 21.37 21.37, 21.37 21.37 21.37, •RMHP RESIDENTIAL MOBILE HOME PARK ZONE 010 Intent and Purpose *'* 020 Permitted Uses 030 Permit Required 040 Application 050 Transmittal to the Planning Commission' 060 Planning Commission Report 070 City Council Determination 080 Final Mobile Home Park Plan 090 Design Criteria 100 Development Standards 110 Removal of Mobile Home Park Zone 120 * 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 parks may be established, maintained and protected. (2) Provide a means to regulate and control the conversion of existing mobile home parks to another use. (3) Promote and encourage an orderly residential environment with appropriate physical amenities. (4) Implement the goals and objectives of the General Plan, jespecially the Housing Element. 21.37.020 Permitted Uses. Only the following uses are permitted on land containing the Mobile Home Park Zone. (1) Mobile home parks consisting of mobile homes. A mobile 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 including recreational buildings, laundry facilities and the like. (4) One identification sign for each entrance. This sign shall rot have a height exceeding four feet or an area exceeding 40 square feet. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 3,9 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: (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. (5) If the project is to provide open areas and recreational 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- hied unit development shall not be deemed submitted for approval until the date of the first Planning Commission hearing on the permits. 21.37.050 Transmittal to the Planning Commission. The Plan- 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. — 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 Commission 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 Counc i1 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. (b) A permit shall not be approved or conditionally approved 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.. *.... ^ * 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 Criter ia. The following design criteria shall apply to all mobile home parks: (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 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 .TOO Development Standards. A mobile home park shall comply with the following development standards: (1) A mobile home park shall be not less than five acres for 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- 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (3) Each mobile home lot shall have a width of not less than 50 feet. (4) Not more than one single-family mobile home or factory- 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. (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. (6) On corner mobile home sites,'the side yard adjoining the mobile home park street shall not be less than five feet. (7) Each mobile home lot shall have a side yard of not less 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 subsection mobile home accessory structure shall not be considered part of the mobile home. (8) When used for access.to a parking facility, a side yard snail be wide enough for a ten foot wide unobstructed driveway. All such side yard driveways shall be paved with cement or asphalti concrete. (9) Window awnings, not including structures, may project not more than four feet into any front yard and the following features may be erected or project into any required yard: (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. (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 plattern 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. -5- 1 (D) Mobile home park streets shall be lighted in accord- ance with the standards established by the City Engineer. 2 (13) Visitor parking shall be provided at a ratio oS one" space per ten mobile home units. On-street parking may be counted 3 towards meeting this requirement. . (14)- The City Council may permit decentralization of the- - 4 recreational facilities in accordance with principles of good planning. 5 (15) Utilities. (A) All utilities shall be underground. 6 (B) Television reception shall be by means of cable television or one antenna or several common antennae if the size 7 or configuration of the mobile home park requires more than one. Individual TV antennas on a coach shall be prohibited. 8 (C) Common trash bin enclosures shall be provided. They shall be of masonry construction and compatible with the mobile 9 home park. (16) Service buildings and facilities shall be strategically 10 located throughout the park for convenient access from mobile homes No service building shall be closer than 20 feet to any property 11 adjacent to the mobile home park. (17) Mobile home parks shall be' enclosed by solid masonry 12 fences, six feet in height, subject to Planning Director approval, along dedicated street frontages and interior property lines. 13 (18) All new mobile homes shall bear a valid insignia of approval issued by the State Department of Housing and Community 14 Development. 15 21.37.110 .Removal of Mobile Home Park Zone. (a) The removal of the Mobile Home Park Zone shall be accomplished according to the 16 procedure for change of zone established by Chapter 21.52 of this code. 17 (b) No change of zone shall be approved unless the City Council, after recommendation of the Planning Commission, finds: 18 (1) That the change of zone is consistent with the Housing Element. 19 (2) That for the property used for a mobile home park, the applicant has provided notice of termination of tenancy 20 required by the California Civil Code Section 798.56(f) and that all requirements of the Civil Code regarding termination of tenancy 21 will be met. > (3) That for property used for a mobile home park, a 22 plan satisfactory to the City Council to mitigate the impact on residents of the park has been prepared. Such plan shall include 23 a phase out schedule which establishes a timetable for the change of use and shall include an assistance plan, including programs to 24 aid residents who will be displaced by the change of use in locating and securing new residences. Such aid may include financial 25 assistance. The following factors shall guide the Council in approving or disapproving the plan: 26 (A) The age of the mobile home park; (B) The number of low income individuals or 27 households needing assistance for relocation; ^ ///28 /// -6- 1 2 3 4 8 9 10 11 12 13 14 15 16 18 19 20. 21 22 23 24 25 26 27 28 3 (C) The ^availability of relocation housing, sites for mobile home relocation or both, having reasonably equivalent amenities, within the North County area within fifteen miles of the Pacific Ocean. (c) In making decisions pursuant to this section, the* Council shall consider the effect of the decision on the housing needs of. the community and balance those needs against the public service needs of the residents and available fiscal and environmental resources. 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 accom- modate mobile homes used for human habitation. A conversion may affect an entire park or any portion thereof. Conversion in- cludes, but is not limited to, a change of the park or any portion thereof to a condominium, stock cooperative, planned unit develop- ment, 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. (c) No conversion permit shall be issued unless.the City Council finds: _ (1) That the notice required by California Civil Code Section 798.56(f) has been or will be given. (2) Each of the tenants of the proposed condominium, stock cooperative project, planned unit development 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 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. ^ --•---•' • ....__, SECTION 3r That Title 21, Chapter 21.42, Section 21.42.010(2) of the Carlsbad Municipal Code is amended by the deletion of v • . • - - ., Subsection (G) which reads, "Mobile Home Parks (not permitted in commercial or industrial zones)." EFFECTIVE,DATE: This ordinance shall be effective thirty dciys after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least -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 once in the Carlsbad Journal within fifteen days after its adoption INTRODUCED AND FIRST READ at a/reJgu£ar meeting of the Carlsbad City Council held on the 28th day of October f 1980 and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the _|8th day of November • 1980 by the following vote, to wit: ' AYES: NOES: ABSENT: None ABSTAIN: Council Member Packar Council Members Casler, Lewis and Kulchin Council Member Anear • RONALD C. PACKARD, Mayor ATTEST: -+- L ALETHA L. RAUTENKRANZ, City Clerk ] (SEAL) -8-