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
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-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.
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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
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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.
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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
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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
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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