Loading...
HomeMy WebLinkAbout1982-03-02; City Council; 6656-3; Mobile Home Park Zone Amendment.. z 0 F 0 a 6 z 3 0 0 AB# MTG. 3-2-82 DEPT. - -_ //+ CITb OF CARLSBAD - AGENDA dlLL TITLE: WBILE HOME PARK ZONE AMESIJDMENT DEPT. HD. CITY Allye &&# /36 CITY MGR.~ RECOMMENDED ACTION: That council refer ordinance ~0.?6/~ito the Planning ccaranission with directions to review and make a reccarmendation on the Ordinance. ITEM EXPLANATION: The Council lvbbile Hame Park Ccararcittee has requested that we prepare an ordinance reroving the authorization to place factory-built housing in Mobile Haarre Parks fmm the Municipal Code. are contained in the m to the Council Camnittee frwn the City Attor- ney dated February 2, 1982 (attached). Municipal Code into conformity with recent legislative changes on mobile homes are in the process of being prepared. factory-built housing is attached. zoning part of the Code, Planning Ccmnission review is required. The reasons for that rernoval Other amendrm-ks to bring the The ordinance regarding Since the ordinance affects the FISCAL IMPACT None EM7IEIoNMEfilTAL HEVIEW Not required EXHIBITS Ordinance No. Memo from City Attorney to Council CCarmittee dated February 2, 1982 ORDINANCE NO. 9615 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21, CHAPTER 21.37 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 21.37.020 (1) TO DELETE THE AUTHORIZATION FOR PLACEMENT OF FACTORY-BUILT HOUSES IN MOBILE HOME PARKS AND TO ESTABLISH CONDITIONS FOR THE PLACEMENT OF MOBILE HOMES OM PERMANENT FOUNDATIONS IN MOBILE HOME PARKS. The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That Title 21, Chapter 21.37 of the Carlsbad Municipal Code is amended by the amendment of Section 21.37.020 (1) to read as follows: (1) Mobile home parks consisting of mobile homes. A mobile home park may be a condominium, planned unit development, or rental park. Subject to the provisions of Section 18551 of the California Health and Safety Code, mobile homes may be placed on permanent foundation systems in condominium or planned- unit development parks. Subject to the provisions of Section 18551.1 and 18611 of the California Health and Safety Code mobile homes and factory-built houses may be placed on permanent foundation systems in any mobile home park for which a permit was issued after January 1, 1982 and designated to accommodate homes on permanent foundation systems. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 18th day of January I 1983 and thereafter /// /// /// /// 1 2 3 4 5 6 7 € s 1c 11 l! 2( 2: 2: 2; 24 2r 2( 2' 21 PASSED AND ADOPTED at a regular meeting of said City Council held on the Ist day of February 1983 by the following vote, to wit: AYES : NOES: None ABSENT: None Council Members CAsler, Lewis, Kulchin, Chick and PreSCOtt MARY H.&ASLER, Mayor ATTEST : (SEAL) c MEMORANDUM DATE : February 2, 1982 To: Council Committee on Mobilehomes .FROM : City Attorney SUBJECT: MOBILEHOME PARK REGULATION In the recent meeting between your committee and representatives of the mobilehome parks certain questions came up which required an answer from our office. This memorandum is intended to answer those questions and, in addition, to brief the council committee on some recent changes to the mobilehome park law. This is not intended to be an exhaustive memorandum. The City is authorized to regulate mobilehome parks under its general police power provided by the constitution and other specific grants of power contained.in both the Government Code and the Health and Safety Code. In January 1963 the California Attorney General'determined that the state did not intend to preempt the entire field of mobilehome park regulation by enacting the Mobilehome Park Act. Despite many changes in the legislation dealing Hith mobilehome parks since that time, it appears that many of the-Attorney General's initial conclusions remain true. (41 0ps.Cal.Atty.Gen. 28 (1963)). For purposes of . this memorandum we will assume that the City has the power to regulate mobilehome park use and mobilehomes provided that the city's regulations are not in conflict with or inconsistent with state law. The mobilehome park tenants indicated some concern with the placing of factory built houses in mobilehome parks. Locating factory built houses in mobilehome parks is ostensibly permitted by the Carlsbad Municipal Code. However, our research has determined that provision conflicts with state law and is therefore preempted. The Health and Safety Code clearly provides that a factory built house is not a mobilehome and that a mobilehome is not a factory built house. Health and Safety Code Sections 18008, 18211, and 19971. Because.the Health and Safety Code provides that a mobilehome park is an area rented or leased, held out for rental or lease for'two or more mobilehomes, it is clear that allowing a mobilehome park to have factory built houses violates the definition of a mobilehome park. Our code should be amended as quickly as possible to remove the provision which allows factory built houses in mobilehome parks but until that time it is our opinion that the provision is invalid. 1( . . , ... .. c Council Committee on Mobilehomes Page 2 February. 2, 1982 Many times individuals use the term manufactured home to include - any home that is built offsite and moved onto the site. The Legislature, however, has established a clearly defined meaning for manufactured home. A manufactured home is a mobilehome and the term should not be used in reference to factory built housing. Health and Safety Code Sections 18007.5, 18210.5. This distinction is particularly important because a factory built house is constructed to the same standards and is treated the same as a conventionally built home, Mobilehomes are built to different standards and are not treated as conventionally built homes except under certain unique circumstances. One of those unique circumstances is when a mobilehome is placed on a perma- nent foundation system under Health and Safety Code Section 18551 in any R-1 zone. Government Code Section 65852.3, Carlsbad Municipal Code Section 21.10.020(9) and 21.10.100. As a general rule mobilehomes are not allowed to be located on permanent foundations systems within mobilehome parks. .A mobile- home may be placed on a permanent foundation system under Health ' and Safety CodeSection 18551 only if the mobilehome is placed on land which the mobilehome owner owns, holds title to, or has 1 (r leased for a period of thirty-five years or more. There is an apparent exception tp this rule for parks constructed after January 1, 1982. New section-18551.1 of the Health and Safety Code provides that mobilehome parks built .after January 1, 1982 . may be designed in such a manner to accommodate mobilehomes on permanent foundations systems and permits mobilehomes on perma- nent foundations systems in such parks.. It is not clear whether that section modifies the general rule that the owner of the mobilehome nust either own the lot or have a-long term lease for . the lot on which the mobilehome is placed. The only circumstance which would allow mobilehome parks now existing in Carlsbad to have mobilehomes on permanent foundations would be if the mobile- home park were converted to either a mobilehome subdivision or a mobilehome condominium. Such action would constitute a "change of use" under the municipal code and would require certain noti- fications to the tenants and City Council action. Effective January 1, 1982 the Legislature has deemed a mobilehome park to be a permitted land use on any land planned and zoned for provided that the city may require a use permit for such a mobilehome park. Government Code Section 65852.7. An amendment to Section 18300 of the Health and Safety Code provides that a city shall not require the average density of a new mobilehome park to be less than that permitted by the applicable zoning , residential land uses designated-by the city's general plan, c Council Committee on Mobilehomes Page 3 February. 2, 1982 ordinance plus any density bonuses defined in Section 65915 of - the Government Code for other. affordable housing forms, Health and Safety Code Section 18300(h)(l). Although this appears to be a legislative declaration that mob,ilehome are affordable housing, it is our opinion that the density bonus provisions of Section 18300(h)(l) appl:. only if the requirements of affordability, as defined in Government Code Section 65915 and Health and Safety Code Section 50093, are met. The new legislation also sets certain limits on the city's ability to require developmental improvements in new mobilehome parks. In conjunction with the Planning Department our office is presently working on amendments to the Carlsbad Zoning Ordinance to address the legislative changes and bring our-code into conformity with state law. At that time we will also amend the existing mobilehome park zone to . eliminate the ability to located factory built houses in mobilehome parks. If the Council Committee has any further questions in this regard, please let us know, We will be getting the ordinance revisions to you at Soon as possible. 1. 5 I JR., City Attorney .. .. .. . _- BY A DANXbfi 'S. HENTSCHKE Assistant City Attorney 21.37.020--21.37.040 (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 con- version of existing mobile home parks to another use; - (3) Promote and encourage an orderly residential en- vironment with appropriate physical amenities; (4) Implement the goals and objectives of the general plan, especially the housing element. (Ord. 9564 S2(part), 1980). 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 develop- ment 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) Mobile home accessory structures: (3) Buildings which are incidental to the mobile home park, including recreational buildings, laundry facilities and the like; (4) One identification sign for each entrance. This sign shall not have a height exceeding four feet or an area exceeding forty square feet. (Ord. 9564 S2(part), 1980). 21.37.030 Permit required. No person shall develop a mobile home park and no mobile home park shall be estab- lished unless a mobile home park permit has been issued accord- ing to this chapter. Mobile home parks existing on the ef- fective 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. (Ord. 9564 S2(part), 1980). 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 procedures set forth in this section: 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. shall be paid when application for a mobile home park permit is made. (1) An application for a mobile home park permit may (2) A fee as established by city council resolution 402-2 7 (Carlsbad 3/81)