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Home My WebLink About1983-01-18; City Council; 6656-4; Amendment to Mobile Home Park OrdinanceCln-IF CARLSBAD - AGENDh-31LL ZCA-157 - AMENDMENT TO MOBILE HOME PARK ORDINANCE I RECOMMENDED ACTION: The Planning Commission and the staff resommend that the City Council introduce Ordinance No. 96 JS amending Title 21, Chapter 21.37, of the Carlsbad Municipal Code. ITEM EXPLANATION: Besides mobile homes and incidental structures, the existing mobile home park ordinance permits the construction of factory built housing within a mobile home park. The proposed amendment would eliminate factory built housing as a permitted use in the mobile home park zone. This amendment is intended to bring the ordinance into compliance with state law which permits permanent foundations only when they relate to mobile homes. For more information, please see the attached staff report to the Planning Commission. ENVIRONMENTAL REVIEW: The Planning Commission approved the Negative Declaration issued by the Land Use Planning Manager at their meeting of December 22, 1982. FISCAL IMPACT: - No fiscal impacts would be created as a result of this amendment . EXHIBITS: 1. 2. Planninq Commission Resolution No. 2061 City Council Ordinance No. ,? b/s' 3. Staff Report dated December 22, 1982 w/attachments does ordain as follows: SECTION 1: That Title 21, Chapter 21.37 of the Carlshad Municipal Code is amended by the amendment of Section 21.37.020 (1) to read as follows: (1) Mobile home parks consistinq of mobile homes, A mobile home park may he a condon!inium, planned unit development, or rental park. Subject to the provj.sio~-1s of Section 18551 of the California Health and Safety Code, mobile homes may he placed on permanent foundat:ion system in condominium or planned- unit developiaent parks. Sub:j ec:t to the provisions of Sect ion 18551.1 and 18611 of the California Health and Safety Code mobile homes and fact.ory-built houses may be placed on permanent foundation systens in any mobile home park for which a pernit was issued after January 1, 1982 and desiqnated to accornmx3ate homes on perir.anent foundation systems. EFFECTIVE; DATE: This ordinance shall. he 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 Cxlshad Jou-rnal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the day of Janu;lry I 1983 and thereafter /// /// J /// /// 1 2 3 4 5 6 7 e 9 1c 2c 21 22 2; 24 2E 2E 27 2E PASSED AMTI ADOPTED at a regul.ar neetiny of said City day of F&mary 1983 by .I___-- Counci.l. held on the 1st the folI.owi.ng vote, to wit: ny~:s: Counci.1 tlanbers CAsl.er, Lewis, I(ulchin, Chick and Prescott NOES: None ABS E.N T : None ATTEST : (SEAL) 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 2061 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT, AMENDING TITLE 21, CHAPTER 21.37, SECTION 21.37.010, OF THE CARLSBAD MUNICIPAL CODE, BY THE REVISION OF SUBSECTION 21.37.020(1) TO DELETE THE PROVISION PERMITTING FACTORY BUILT HOUSES IN MOBILE HOME PARKS AND TO ESTABLISH CONDITIONS FOR THE PLACEMENT OF MOBILE HOMES ON PERMANENT FOUNDATIONS IN MOBILE HOME PARKS. APPLICANT: CITY OF CARLSBAD CASE NO.: ZCA-157 WHEREAS, the Planning Commission did, on the 22nd day of December, 1982, hold a duly noticed public hearing as prescribed by law to consider said request;' and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Zone Code Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of ZCA-157, according to Exhibit A, dated December 2, 1982, attached hereto and made a part hereof, based on the following findings: Findings: 1) That the allowance for factory built houses in mobile home park 2) That the Carlsbad Zoning Ordinance should be consistent with th is,inconsistent with state law. California Health and Safety Code regarding permanent .founda- tions for mobile homes in mobile home parks. 3) That this project will not cause any significant environmental impacts and a declzration of negative environmental impact has been issued by the Land Use Planning Manager on November 16, 1982 and approved by the Planning Commission on December 22, 1982. I/// I/// 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 . 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 22nd day of December, 1982, by the following vote, to wit: AYES: NOES : ABSENT: ABSTAIN: VERNON J. FARROW, JR., Chairman CARLSBAD PLANNING COMMISSION ATTEST : MICHAEL J. HOLZMILLER, LAND USE PLANNING MANAGER PC RES0 NO. 2061 DATE : TO : FROM : SUBJECT: STAFF REPORT December 22, 1982 Planning Commission Land Use Planning Office ZCA-157 - CITY OF CARbSBAD - Request to amend the Zoning Ordinance to establish conditions for the placement of mobile homes on permanent foundations, and to delete the authorization for placement of factory built houses in the mobile home park zone. I. RECOMMENDATION It is recommended that the Planning Commission APPROVE the Negative Declaration issued by the Land Use Planning Manager and ADOPT Resolution No. 2061, recommending APPROVAL of ZCA-157, based on the findings contained therein. .. I1 * PROJhECT DESCRIPTION - Thk-City Council, at their March 2, 1982 meeting, referred Ordinance No. 9615 to the Planning Commission for their review and recommendations. This ordinance is an effort to bring the zoning code into conformity with state law regarding mobile home permanent foundations and factory built housing. The existing mobile home park ordinance allows the following permitted (1) uses: 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: Mobile home accessory structures; Buildings which are incidental to the mobile home park, including recreational buildings, laundry facilities and the like; One identification sign for each entrance. This sign shall not have a height exceeding four feet or an area exceeding focty square feet. This amendment proposes to amend Subsection (1) above, as follows: (1) Mobile home parks consistihg of mobile homes. A mobile. home park may be a condominium, planned unit L 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 of the California Health and Safety Code, mobile homes may be placed on permanent foundation systems in any mobile home park constructed after.January 1, 1982 and designed to accommodate mobile homes on permanent foundation systems. Government Section 18551 allows that mobile homes may be placed on a permanent foundation only if the mobile home is placed on land which the mobile home owner owns or has leased for a period of 35 years or more. Section 18551.1 provides that mobile home parks built after January 1, 1982 may be designed so that any or all mobile homes in the park can have a permanent foundation. Mobile home park tenants have, however, pointed out that mobile homes on permanent foundations are different from factory built houses. In addition, the government health and safety code provides that a factory built house is not a mobile home, and, as such, are not allowed in mobile home parks. This amendment proposes to bring our ordinance into conformance with state law and delete the allowance for factory built housing 'in the mobile home park zone. 111. ENVIRONMENTAL REVIEW The Land Use Planning Manager has determined that this project will not have a significant effect on the environment, and, therefore, issued a Negative Declaration on November 16, 1982. ATTACHMENTS 1. PC Resolution No. 2061 2. Exhibit "A" (Ordinance 9615), dated December 2, 1982 3. Environmental Documents PJK:kb 12/14/82 ! . -2- 7 . . . - - . -. . . . . .. . . . \ .- . DEVELOPMENTAL. SERVICES Asslstant City Manager a14) 438-5596 0 .- 0 Building Department (714) 438-5525 0 Enginacrlng Department (714) 430-5541 0 Housing ti Redovelopmont Department 3098 Harding St. (714) 438-5611 . d Plannlng Department (714) 438-5591 ' 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 PROJECT DZSCRIPTION: to place factory-built housiq in the Mobile Hme Park Zone. Zone We Amzn8mznt to reive the authorization %e City of Carlsbsd has conducted an environmental review of the above described project pursuant to the Guicfzlines for Irnplemc_ntation of the California Enviromental Quality Act and the Environmental Protcction Ordi.nance of the City of Carlsbad. review, a NcgaLive Declaration (declaration that the project will not have a significant impact on the environms-k) is hereby issued for the subject project. Land Use Plaaning Office. A capy of the Negative Declaration with supportive documents is on file j.n the Larii Use Planniiig Office, City Hall, 1200 Elm Avenue, Carlsbad, CA. 92000. Cc>mrwnts fTom the public are invited. Please subrni-t cmm-ks in writing to the Land Use Planning Office within ten (10) days of date of issuance. As a result of said Justification for this action is on file in the CASE NO: ZCA-157 Land Use Planning Mmager APPLICANT: City of Carlshd PUBLISH DATE: Wvcn-ber 20, 1982 . ND-4 . 5/81 Carlsbad Journal Decreed a Legal Newspuper by the Superior Court of Son Diego County 31 38 ROOSEVELT ST. 0 P.O. BOX 248 0 CARLSBAD, CA 92008 729-2345 Proof of Publication STATE OF CALIFORNIA, ss COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of Sun Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established and published at regular intervals in the said City of Carlsbad, County of Sun Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: N@I'ICE OF PUBLIC HEARING ZCA-157 NOTICE IS HEREBY GIVEN that the cib' Council ofthe City dcarls- bad will hol$a Publie hearing at the City Council ~hqaib~, 1200 Avenue, rnbad. California. at6:00P.L.bnTue~.y,January18, lm.tocmaktbr an appiication tor an amendment to the zoning ordi- nance to establish cqnditionr for the phement or nwWe homer on - ............. .Ja~.~.ry. .8 ........ 19 .83. ................................. 19 .... mobile home parks in all present and future mobile home park zones. Applicant: City of Carisbad CARLSBAD CITY COUNCIL ................................. 19 .... s14& January ................................. 19 .... ................................. 19 .... I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of California on day of J??-!uary 1.~W3 hP i7t.h I' 2M-4182 r J NOTICE OF PUBLIC HEARING ZCA-157 NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 6:OO P.M., on Tuesday, January 18, 1983, to consider an application for an amendment to the zoning ordinance to establish conditions for the placement of mobile homes on permanent foundations and to delete the authorization for placement of factory built houses, in mobile home parks in all present and future mobile home park zones. APPLICANT: City of Carlsbad PUBLISH: January 8, 1983 CARLSBAD CITY COUNCIL r ICE OF PUBLIC HEARING -- - - I- V NCrrICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a public hearing at the City Council Chcrmbers, 1200 Elm Avenue, Carlsbad, California, at 7:OO p.m. on Wednesday, December 22, 1982, to consider approval of an amendment to the Zoning Ordinance to establish mnditions for the placement of mbile homes on permanent foundations and to delete the authorization for placement of factory built houses, in mbile home parks in all present ard future mobile home park zones. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Use Plannirq Office at 438-5591. If you have any questions please call the Land CASE FILE: ZCA- 1 57 APPLICANT: CITY OF CARLSEW3 PUELISH: Nember 11, 1982 CITY OF cARI;sBAD PWING COMMISSION