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Home My WebLink About1985-11-05; City Council; 8399; Zone Code Amendment - Bldg. Separationii m 0 z a u 0 a aJ c) 1 a 0 u u G -I+ d 4 1 0 U rn co I rn I d d 2 RB# 839? MTG.11/5/85 DEPSLN -- a W > 0 LT a, e a .. z 0 F: 0 a $ 8 z 3 DEPT. HD. ZONE CODE AMENDMENT - BUILDING =SEPARATION REQUIREMENTS IN MOBILE HOME PARKS CITY ATTYYA- CITY OF CARLSBAD ZCA-l23(A) CITY MOR.& RECOMMENDED ACTION: The Planning Commission and staff are recommending that this zone code amendment request be APPROVED and that the City Council introduce Ordinance No. 9sp-a . ITEM EXPLANATION This item is a request for a zone code amendment to amend Section 21.37.100(7) of the Residential Mobile Home Park Zone. This section of the ordinance deals with setbacks and separations between buildings in mobilehome parks. The amendment proposes to modify the portion of this section which deals with minimum separation requirements between mobile homes and accessory buildings (i.e. garages). This section of the ordinance is in conflict and requires a substantially greater separation than the State Mobile Home Parks Act. Specifically, the present ordinance requires a minimum separation of from 6 feet to 10 feet between a mobile home and a garage depending on the location of the structure on the lot. Under the proposed amendment, the separation could be reduced to 3 feet if there are openings in the side wall of the mobile home or could be attached if there are no openings and the wall is constructed of one hour firewall materials. For a more detailed explanation of the proposed amendment, please refer to the attached staff report dated October 9, 1985. Through staff review and Planning Commission hearing, all issues on this matter have been satisfactorily resolved. ENVIRONMENTAL REVIEW The Land Use Planning Manager has determined that this project will not cause any significant environmental impacts and, therefore, has issued a Negative Declaration, dated August 30, 1985, which was recommended for approval by the Planning Commission on October 9, 1985. A copy of the environmental documents is on file in the Planning Department. "- Page Two of Agenda Bill No. 8,399 FISCAL IMPACT NO fiscal impacts would be created by approval of this application. EXHIBITS 1 ) Ordinance No. 97B1;? 2) Planning Commission Resolution No. 2495 3) Staff Report, dated September 9, 1985 ,. - c 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. 2495 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF THE NEGATIVE DECLARATION AND A ZONE CODE AMENDMENT, AMENDING TITLE 21, CHAPTER 37, SECTION 100, OF THE CARLSBAD MUNICIPAL CODE, BY THE REVISION OF SUBSECTION (7) TO REGULATE THE SEPARATION BETWEEN MOBILE HOMES AND GARAGES/MISCELLANEOUS BUILDINGS IN CONFORMANCE WITH THE STATE MOBILE HOME PARKS ACT. APPLICANT: CITY OF CARLSBAD CASE NO.: ZCA-l23(.A) WHEREAS, the Planning Commisson did, on the 9th day of October, 1985, 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. a,nd 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, thc Commission recommends APPROVAL of ZCA-l23(A), according to Exhibit "A", dated August 30, 1985, attached hereto and made a part hereof, based on the following findings: Find ins s : The proposed amendment will bring the development standards of the City's Mobile Home Park Ordinance into conformance with the State Mobile Home Parks Act. The proposed amendment will facilitate the development of lots within existing and future mobile home parks. The proposed amendment will not cause any significant environmental impacts and a Negative Declaration has been issued by the Land Use Planning Manager on August 30, 1985 and recommended for APPROVAL by the Planning Commission on September 25, 1985. .. .. . 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 9th of October, 1985, by the following vote, to wit: AYES : NOES : ABSENT: ABSTAIN: CLARENCE SCHLEHUBER, Chairman CARLSBAD PLANNING COMMISSION ATTEST : .. ... .. MICHAEL J. HOLZMILLER LAND USE PLANNING MANAGER PC RES0 NO. 2495 -2- STAFF REPORT DATE : TO: FROM: SUBJECT: I. OCTOBER 9, 1985 8 PLANNING COMMISSION LAND USE PLANNING OFFICE ZCA-l23(A) - CITY OF CARLSBAD - An amendment to the zoning ordinance to make a minor revision to the Residential Mobile Home Park zone. RECOMMENDATION That the Planning Commission recommend APPROVAL of the Negative Declaration issued by the Land Use Planning Manager and ADOPT Resolution No. 2495 recommending APPRqVAL of ZCA-l23(A) to the City Council based on the findings contained therein. 11. PROJECT DESCRIPTION The .proposed amendment would make. a minor change to revise Section 21;37.100 (7). of the Residential Mobile Home Park zone. This section of the ordinance deals with sideyard setbacks and building separations in mobile home parks. No change is proposed for the first portion of this section which requires each mobile home lot to have a side and rear yard of not less than three feet. However, the second portion of this section which deals with minimum separations between mobile homes and an accessory building is in conflict with Section 1424 of the State Mobile Home Parks Act. This has created a number of problems with the location of garages on lots in the recently constructed Camino Hills Mobile Home Park. The proposed amendment would revise the second portion of this section to reflect the separation requirements between mobile homes and garages as detailed in the State Mobile Home Ordinance. It would also adopt the wording from the State Mobile Home Act regulating the location of miscellaneous structures on a mobile home lot. The City's ordinance requires a minimum separation between mobile homes and a building to be as follows: from side to side, ten feet; from side to rear, eight feet; from rear to rear, six feet. The State Mobile Home Parks Act allows a garage to be located immediately adjacent to a mobile home if the interior of the garage wall adjacent to the mobile home is constructed of materials approved for one hour fire resistive construction. The State Ordinance also permits a three foot separation if there are openings in the mobile home wall adjacent to the garage wall. A six foot separation is required between the mobile home and a private garage which does not meet the requirements for one hour fire resistive construction. For a detailed comparison between this subsection of the Carlsbad Zoning Ordinance and the State Mobile Home Parks Act, see Exhibit "B". - . I11 . As shown by Exhibit "B", there is a substantial difference in the building separations required by the City's Mobile Home Park Ordinance and the State Mobile Home Park Ordinance. The size of lots in most mobile home parks makes it very difficult to locate mobile home and garage on a lot and comply with the minimum building separation required by the City's Mobile Home Park Ordinance. This has proved especially difficult to comply with in the recently constructed Camino Hills Mobile Home Park. The City has received a number of requests for waivers of the ordinance and variances to allow garages to be located in conformance with the State Mobile Home Act rather than the City's requirements. ANALY S I S Due to the small size of the lots and the numerous requests, staff has adopted an interim policy to allow garages to be located in conformance with the State Mobile Home Act. Staff believes that the proposed zone code amendment to bring the City's Mobile Home Park Ordinance into conformance with the State Mobile Home Park Act will make it easier to develop the existing mobile home park lots in the City of Carlsbad. In addition, it will resolve confu,sian applicants have as to which of the 'two ordinance6 they should follow when locating mobile homes and garages in mobile home parks. Staff believes that the State Mobile Home Parks Act provides adequate separations between mobile homes and garages and that the proposed zone code amendment will have no adverse impacts. .* IV. 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 August 30, 1985. ATTACHMENTS 1. Planning Commission Resolution No. 2495 2. Exhibits "A" & "B" dated August 30, 1985 3. Environmental Document MH : ad 9/16/8 5 -2- DEVELOPMENTAL SERVICES LAND USE PLANNING OFFICE ditp of darlsbab PROJECT ADDRESS/LOCATI~N: FU+IP Zone, City of Carlsbad. 1200 ELM AVENUE CARLSBAD, CA 920081989 (619) 438-5591 PF!AJEm DESCIUPTION: separation requirements between mobile hanes an3 accessory buildirgs. Zone code anendment to revise building The City of Carlsbad has conducted an emirormental review of the abwe described project pursuant to the Guidelines for Implementation of the California Envirowntal Quality Act and the Enviromkntal . Protection Ordinanke of the City of Carlsbad; As a result of said review, a Negative Declaration.(declaration that the Project will mt have a significant impact on the enviroment) is hereby issued for the subject project. Lard Use Planning Office, . * .' Justification for this action is on file in the A am of the Negative Declaration with supportive documents is on file in the Land Use Planning Office, City Hall, 1200 Elm Avenue, Carlsbad, CA. 92008. Comanents fran the public are invited. Please subnit aments in writing to the Lard Use Planning Office within ten (10) days of date of issuance. DATED: September 25, 1985 CASE NO: ZCA-l23(A) APPLICANT: City of Carlsbad PUBLISH WTE: September 25, 1985 Land Use Planning Manager ND-4 5/8 1 , @(HIBIT "B" 8/30/85 Section 21.37.100 (7) of Carlsbad Mobile Home Park Zone 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 structures shall not be considered part of the mobile home. Section 1424 of the State Mobile Home Parks Act. 1424. Regulated Structures a) Mobile home accessory buildings or structures shall comply with the provisions of this article. Mobile home -acces'sr>ry buildings which do not comply 'with' this article shall not. be erected, constructed, or occupied on a mobile home lot. ..b) c) A private garage may be located immediately adjacent to a mobile home if the interior of the garage wall adjacent to the mobile home is constructed of materials approved for one-hour fire resistive construction. If there are openings in the mobile home wall adjacent to the garage wall, a minimum of three feet separation shall be maintained. A minimum of six feet separation shall be maintained between the mobile home and a private garage which does not meet the requirements for one-hour fire resistive construction. A three-foot separation shall be maintained from a private garage and any lot line which does not border on a roadway. d) Miscellaneous structures such as lath houses, greenhouses, storage buildings, etc., may be erected on a mobile home lot, provided they are located a minimum of six feet from any mobile home and three feet from any mobile home lot line which does not border on a roadway, and the occupied area of a lot does not exceed 75 percent of the lot. .- , . ZCA- 123 (A) io-9-85 Present City building separation requirements I FRON? State Mobile Home Barks Act Building Separation Requirements 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 28 ORDINANCE NO. 9782 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY CHAPTER 21.37, OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 21.37.100(7) TO REGULATE THE SEPARATION BETWEEN MOBILE HOMES AND GARAGES/MISCELLANEOUS BUILDINGS The City Council of the City of Carlsbad,' California, does OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21, ordain as follows: Section 1: That Title 21, Chapter 21.37, of the Carlsbad Municipal Code is amended by the amendment of Section 21.37.100(7) to read I/// //// //// //I/ as follows: 7) Except for corner lots, each mobile home lot shall hav a side yard of not less than three feet and ,a rear yar of not less than three feet. The minimum separation 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. Notwithstanding, the separation requirement a private garage may be located immediately adjacent t a mobile home if the interior of the garage wall adjacent to the mobile home is constructed of material approved for one-hour fire resistive construction. If there are openings in the mobile home wall adjacent to the garage wall, a minimum of three feet separation shall be maintained. A minimum of six feet separation shall be maintained between the mobile home and a private garage which does not meet the requirements fo one-hour fire resistive construction. Miscellaneous accessory structures such as lath houses greenhouses, storage buildings, etc., may be erected o a mobile home lot, provided they are located a minimum of six feet from any mobile home, outside any required yard and the occupied area of a lot does not exceed 75 percent of the lot. 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 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 adopt ion . INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 5th day of November 1985, and thereafter. PASSED AND ADOPTED at a regular meeting of said City Council held on the 19thday of November , 1985 by the following vote, to wit: .c AYES: Council Members Lewis, Kulchin, Chick and Pettine NOES : None ABSENT : Council Member Casler CLAUDE A. LEWIS, Mayor Pro-Tem ATTEST: A L. RAUTENKRANZ, City Cl’erk ( SEAL) -2-