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
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" 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.
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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
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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
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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.
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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
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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,
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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.
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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.
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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.
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(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.
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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 ///
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(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
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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:
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ALETHA L. RAUTENKRANZ, City Clerk ]
(SEAL)
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