Loading...
HomeMy WebLinkAbout1983-04-19; City Council; 7360; Residential Mobile Home Park Zonecir. IF CARLSBAD - AGEND, ALL LO 9B# 73 HTG. 4/19/83 = AMENDMENT TO RESIDENTIAL MOBILE HOME PARK ZONE I IClTY MOR. DEPT. PLN ZCA-163 - CITY OF CARLSBAD RECOMMENDED ACTION: It is the recommendation of both the Planning Commission and the staff that the City Council approve ZCA-163 by introducing Ordinance 9 6 94 ITEM EXPLANATION: ZCA-163 would amend the Residential Mobile Home Park Zone (RMHP) so that any conversion of an existing park to a mobile home subdivision would have to meet the standards required for a new mobile home subdivision. This was the original intent of the committee that worked on the RMHP Zone. The ordinance currently refers mobile home park conversions to the condominium conver- sion (Chapter 21.47) section of the code which was subsequently removed last year and replaced by the new Planned Development Ordinance. All the pertinent legal requirements designed to protect mobile home park residents (noticing requirements, mitigation reports, etc.) are still in effect, either through state laws (Subdivison Map Act) or in our own Municipal Code. The proposed ordinance amendment is attached. For further information, please see the staff report to the Planning Commission dated March 23, 1983. EXHIBITS: - 1. Ordinance No. 2. Planning Commission Resolution No. 2099 3. Planning Commission Staff Report w/Attachments, dated cisg.r March 23, 1983 1 2 3 4 5 6 7 e 9 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -1TTACHMENT "A" PIARCH 23, 1983 ORDINANCE NO. 9684 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 21.37.120(b) TO REVISE THE CONVERSION SECTION OF THE RMHP ZONE. The City Council of the City of Carlsbad, California does ordain as follows: a That Title 21, Chapter 21.37 of the Carlsbad Municipal Code be amended by the amendment of Secti'on 21.37.120(b) as described below: Existina Text: (b) No conversion shall be allowed unless a permit therefore has been approved by the City Council according to the procedures established in Chapter 21.47 of this code. To Be Amended as Follows: (b) No conversion shall be allowed unless a mobile home permit ha! been approved by the City Council pursuant to Chapter 21.37. EFFECTIVE DATE: This ordinance shall be effective thirty day: 8 T 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. //// //// //// //// . //// I/// ///I //// //// . a 1 2 3 4 5 6 7 a 9 10 , 11 12 13 14 15 16 17 ia 19 ,20 21 22 23 24 25 26 27 20 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 19th day of Wril I 1983, and thereafter. PASSED AND ADOPTED at a regular meeting of said City Council held on the 3rd day of ~ay , 1983 by the ' 1 following vote, to wit: A~S: council mrs casler, ms, ~~l~hin, chi.& and Prescott NOES: None ABSENT: None ABSTAIN: MARY %L!$w+d&& H. CAfLER, Mayor *. ATTEST: ALETHA L. RAU'TENK ( SEAL 1 .2 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 20 c PLANNING COMMISSION RESOLUTION NO. 2099 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 21.37.120(b) TO REVISE THE CONVERSION SECTION OF THE RESIDENTIAL MOBILE HOME PARK ZONE. APPLICANT: CITY OF CARLSBAD CASE NO.: ZCA-163 WHEREAS, the Planning Commisson did, on the 23rd day of March, 1983, 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-163, according to Exhibit "A", dated March 23, 1983, attached hereto and made a part hereof, based on the following findings: Findings: 1) The proposed amendment adequately addresses the special charac- teristics of mobile home development. 2) The project will not cause any significant environmental impacts and a Negative Declaration was approved by the Planning Commission on March 23, 1983. 3) That the proposed amendment is necessary to ensure that converted mobile home parks meet the same standards of quality as required for new mobile home subdivisions. 'I// '/// 4' ,. 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 ' 16 3-7 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 23rd of March, 1983, by the following vote, to wit: AYES: NOES : ABSENT: ABSTAIN: CLARENCE SCHLEHUBER, Chairman CARLSBAD PLANNING COMMISSION ATTEST : MICHAEL J. HOLZMILLER LAND USE PLANNING MANAGER 7 PC RES0 NO. 2099 2. f .. STAFF REPORT "I DATE : TO: FROM : SUBJECT: March 23, 1983 Planning Commission Land Use Planning Office ZCA-163 - CITY OF CARLSBAD - Amendment to Residential Mobile Home Park Zone deleting a reference to the Planned Development Ordinance. I. RECOMMENDATION It is recommended that the Planning Commission appro.ve Resolution No. 2099 recommending to City Council APPROVAL of ZCA-163. 11. PROJECT DESCRIPTION Section 21.37.120(b) of the Residential Mobile Home Park (RMHP) Zone states that no mobile home park conversion (subdivision of existing park) shall be approved unless a permit has been -approved according to Chapter 21.47 of the code. Chapter 21.47 was the condo conversion section of the ordinance. This section of the code has been removed and is now under the P.D. Ordinance. The original intent of Section 21.37.120(b) was to ensure that a conversion of a mobile home would require a mobile home park permit subject to the standards described in the RMHP Zone (Chapter 21.37). As a result it is necessary to amend the ordinance so that Section 21.37.120(b) refers mobile home park conversions to the standards in the RMHP Zone. Exhibit "A" , the proposed ordinance (3-23-83), shows the existing and proposed text. This amendment is proposed by the City and is essentially a "clean-up" procedure. 111. ENVIRONMENTAL REVIEW The Land Use Planning Manager has determined that this project will not have a significant impact on the environment and, therefore, has issued a Negative Declaration on March 8, 1983. ATTACHMENTS 1. Planning Commission Resolution No. 2099 2. Exhibit "A", Proposed Ordinance 3. Environmental Documents CDG:kb 3/16/83 .. 6 .* -, 1200 ELM AVENUE - ' * 'DE~ELOPMENTAL SERVICES CARLSBAD, CALIFORNIA 92008-1989 (61 9) 438-5591 LAND USE PLANNING OfFlCE .. . .. NEGATrvE DECLARATION PROJECT ADDRESS/Ix>cATION: Carlsbad . Jurisdictional bocndaries of the City of PROJECT DESCRIPTION: Zone eliminating a r2Eerence to the Plan?& Developent Ordinance. Axendment to the Residential Mobile Hoxe Park The City of Carlsbad has conducted an environiental review of the of the California Environmental Quality Act and the Environmental 'Protection Ordinance of the City of Carlsbad. review, a Negative Jkclaration (dzclaration that the project will not have a significant impact on the envirorment) is hereby iss~5 for the subject project. Land Use Planning Office. - abve described project pursuant to the Guidelins for Implemntation Fs e result of said . Justification for this action is on file in the A copy of the Negative Ikclaration'with supportive documents is on file in the Land Use Planning Office, City Hall, 1200 Elm Avenue, Carlsbad, CA. 92008. Coments fron the public are invited. Please submit comments in writing to the Land Use Planning Office within ten (10) days of date of issuance. APPLICANT: City of Carlsbad PUBLISH DATE: March 12, 1983 ND-4 5/8 1 I c Carlsbad Journal Decreed a Legal Newspaper by the Superior Court of Son Diego County 3 138 ROOSEVELT ST. P.O. BOX 248 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 San 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 San 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: NOTICE OF PUBLIC HEARING - rZCA-la N@IWSM.~BY GIVEN that .................... April. .9. ... 19 83. name. Amen merit wolllttbe effec- ................................. 19 .... tive in the j%isdictional bound- aria 6f the City of Carlsbad. Applicant City of Carlsbad CARLSBAD CITY COUNCIL CI S277: April 9, 1983 ................................. 19 .... ................................. 19. ................................. 19 .... 2M-4182 I certify under penalty of perjury that the foregoing is true and correct. Executed at Carls State of California on day of ,$ ., ,Q,Q i "-'- -/-/ c, r'., r- l<al*P& GA_(L2.-, I Clerk of Yhe Printer -- ,. - . __ā€ ~~., -.A. ~ .....___....__. _. . ..-- .- .. . .. . . .. . - ,. . __ . Lā€œ ,._, -.I. ,ā€™., . L1 ..._. I..&^... A - NCTICE OF PUELIC HEARING ā€™. NOTICE IS HEREBY GIVEN that the Planning Coiiission of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 7:OO p.m. on Wednesday, March 23, 1983, to mnsider approval of a zone code amendment to the Residential Mobile Home Park Zone eliminating a reference to the Planned Development Ordinance . Amendment would be affective in the jurisdictional boundaries of the City of Carlsbad. !Chose persons wishing to speak on this proposal are cordially invited to attend the public hearing. Office at 438-5591. If you have any questions please call the Land Use Planning WE FILE: ZCA-163 APPLICANT: CITY OF cFiRLs8AD PUBLISH : Iyarch 12, 1983 CITY OF CARLSBAD PLANNING COMMISSION ! .. . . NOTICE OF PUBLIC HEARING ZCA-163 NOTICE IS HEREBY GIVEN that the City Council of the CLty of Carlsbad w hold a public hearing at the City Council Chambers, 1200 Elm Avenue, 11 Carlsbad, California, at 6:OO P.I4., on Tuesday, April 19, 1983, to consider an application for a zone code amendment to the Residential Mobile Home Park Ordinance eliminating a reference to the Planned Development Ordinance. Amendment would be effective in the jurisdictional boundaries of the City of Carlsbad. APPLICANT: City of Carlsbad PUBLISH: April 9, 1983 CARLSBAD CITY COUNCIL