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HomeMy WebLinkAbout1987-10-13; City Council; 9185; ZONE CODE AMENDMENT AMENDING CHAPTER 21.37 OF THE CARLSBAD MUNICIPAL CODE TO MODIFY THE CONVERSION OF MOBILE HOME PARKS AND EXEMPT THEIR CONVERSION FROM CHAPTER 21.90 - ZCA 87-01amu 0 -4 u !4mh ma rlao ma, Q -rl u.44 a cd >w E%% Q ON+ CT Q a, h < m I I z 0 5 4 s z 3 0 0 ccd 4 a UQa Q rl .. 0 4 immediate rent increases or economic displacement I the conversion of a mobile home park occurs. 4) Add Section 21.37.120 (e) to require a relocation for tenants/owners not wishing to purchase intere: the converted park. 5) Add Section 21.37.120 (f) to require condit covenants, and restrictions (CC&Rts) that providc periodic maintenance of the exteriors of mobile ho: tentative and final map for the condominium conve of existing mobile home parks on a single parcel. reason for provision of a waiver is that it would waste of time to process a tentative map if nothin 6) Add Section 21.37.130 to permit the waiver I! I) Page Two of Agenda Bill No. ?/fs'- will change except ownership (a mobile home park permit still be required). The Planning Commission added change number 5 above becau wanted to protect against a mobile home park becoming "run-6 after it was converted to a condominium. With regard t waiver of the tentative and final map, the state subdivisic act permits this for mobile home parks if the City complementary ordinances. This amendment now permits the Cj execute a waiver. Originally, staff had thought about having these provisions only to parks with 50 units or more. Based on advise frc Attorney's office that stipulation has been removed. For fL information please see the attached staff report to the P1z Commission. Part I1 - Exemption From Chapter 21.90 The second part of this zone code amendment would exempl conversion of mobile home parks to condominiums from Ch 21.90 (Growth Management Ordinance). Parks proposing to c under this provision could do so prior to the adoption of a Facilities Management Plan. The exemption indicates thal park would have to remain substantially the same physically did prior to conversion. Approximately four mobile home could process a conversion under this proposal. The pr reason for the exemption is to encourage individual ownersh moderate income housing as encouraged by the City's Ha Element. Planning Commission action was not necessary on portion of the amendment as Chapter 21.90 is not classified function zoning. ENVIRONMENTAL REVIEW The Planning Director has determined that this project wil cause any significant environmental impacts and, therefore issued a Negative Declaration, dated August 5, 1987. A co] the environmental documents is on file in the Pla Department. FISCAL IMPACT Staff time has been utilized in drafting the amendments. F City processing costs may be lowered should the tentativc final map be waived on specific projects. a 0 I Page Three of Agenda Bill No. 3 / 83 EXHIBITS 1. City Council Ordinance No. 7836 (Chapter 21.37) 2. City Council Ordinance No. ?637 ( Chapter 2 1.9 0) 3. Planning Commission Resolution No. 2677 4. Planning Commission Staff Report dated August 19, 1987. *. 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 0 0 ORDINANCE NO. 9836 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21, CHAPTER 21.37, TO CLARIFY AND REGULATE MOBILE HOME PARK CONVERSIONS TO CONDOMINIUMS. The City Council of the City of Carlsbad, Ca does ordain as follows: SECTION 1: That Title 21, Chapter 21.37, 21.37.030 of the Carlsbad Municipal Code is amended t follows: 21.37.030 Permit Required. No person shall mobile home park and no mobile home park shall be es unless a mobile home park permit has been issued accordin chapter. The conversion to condominiums of mobile h existing on the effective date of the adoption of ChaE may be exempt from the development standards identifie chapter, providing that the Planning Commission and Cit find that the mobile home park shall remain substan conformance with the existing facility following conve provided the conversion qualifies under Chapter 11, Divis the Health and Safety Code (Health and Safety § 50780 e Such conversion of existing mobile home parks shall subject to Sections 21.37.110 and 21.37.120 of this chapt SECTION 2: That Title 21, Chapter 21.37, 21-37.120 subsection (b) of the Carlsbad Municipal Code i to read as follows: (b) No conversion shall be allowed unless a mc park permit has been approved by the City Council pu Chapter 21.37, except that existinq mobile home par exempt from the development standards identified in thi pursuant to Section 21.37.030 of this chapter. In proce mobile home park permit for existing mobile home parks to be subject to the development standards of this cha Planning Commission and City Council may add reasonable c to the permit, Applications for conversions of existi home parks may be made by property owners, or by the with property owner concurrence. I 0.. -0. 0-0 **- 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 m * SECTION 3: That Title 21, Chapter 21.37 of the Municipal Code is amended by the addition of Section 21.3 to read as follows: (d) Following recordation of a Certi Compliance, or conditional Certificate of Cc owners/tenants of mobile homes on any unpurchased interest shall not be economically displaced for a peri year from the date of recordation. A rent increase may during this year provided the increase is equal to or the average annual rent increase levied during the previ years . SECTION 4: That Title 21, Chapter 21.37, Carlsbad Municipal Code is amended by the addition o 21.37.120 (e) to read as follows: (e) As a condition of the waiver of tent pursuant to Section 21.37.130, the owner of the un remaining interest shall have a relocation plan approv City Council for those tenants who choose to relocate the homes . The relocation plan shall also provide assis residents who are renting a coach in the park wh displaced by the purchase of their space. The followin shall guide the Council in approving or disapproving the 1) The age and condition of the mobile hom 2) The number of low income individuals or households needing assistance for reloc 3) The availability of relocation housing, for mobile home relocation, or both, hay reasonably equivalent amenities, within North County area within 15 miles Pacific Ocean, and 4) The necessity for financial assistance : relocation. SECTION 5: That Title 21 Chapter 21.37, of the Municipal Code is amended by the addition of Section 21.3 to read as follows: I (f) Conditions, Covenants and Restrictions (CCf any conversion shall be submitted to the Planning Dirf approval prior to final map, or final action and the CC&I provide for the periodic maintenance of the exterioi mobile homes. The CC&R's cannot be altered or dissolvec written City approval. *** 2. 1 2 3 4 5 6 '7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 SECTION 6: That Title 21, Chapter 21.37 Carlsbad Municipal Code is amended by the addition ( 21.37.130 to read as follows: 21.37.130 Waiver of Tentative and Final Map Home Park Conversions Other provisions of this Chapter notwithstal City Council may, by resolution, waive the require1 tentative and final map for a single parcel subdivisic conversion of an existing mobile home park to condominiux to granting such a waiver, the City Council shal: following findings: 1) This waiver shall be granted only to con7 existing mobile home parks on a single para 2) A petition, requesting the conversion, signed by the property owner and at least t of the residents of said mobile home park be submitted to the Planning Director. 3) The proposed subdivision shall not resL economic displacement from the subject mc park of tenants/owners on remaining u1; interests located within the subject mobile unless the owner complies with Section - (e). 4) A mobile home park permit shall be con approved by the City Council with the gr this waiver. Even though a project may exempt, the permit application shall in analysis of conformance with present de 5) The subdivision shall comply with such req then in effect as may have been establish Subdivision Map Act or this Chapter pert area, improvement and design, flood water control, appropriate improved public roads, disposal facilities, water supply avai environmental protection, and other requir the Subdivision Map Act or this Chapter. The subdivider requesting a waiver as provided for her make application therefore on such forms as may be provid the Director of Planning. I standards. ... ... 3. I. 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 0 0 Upon the grant of a waiver as provided for under this Sec. City Engineer shall prepare a Certificate of Compl Conditional Certificate of Compliance, as appropri( recordation in the office of the County Recorder for thc of documenting the approval of the subdivision. The City shall not record or release for recordation a Co. Certificate of Compliance prepared pursuant to this Sectit and until the owner or owners of the property to be s have entered into an aqreement with the City to provid satisfactory completion of all conditions of the Certi Compliance and shall have provided improvement secu appropriate, as provided for in Chapter 5 of the Subdiv Act. 7- EFFECTIVE DATE: This ordinance shall be thirty days after its adoption, and the City Clerk shal to the adoption of this ordinance and cause it to be pub least once in the Carlsad Journal within fifteen days adoption. INTRODUCED AND FIRST READ at a reg-ular meeti Carlsbad City Council held on the 13th day of October and thereafter PASSEL) AND ADOPTED at a regular meeting of Council held on the 20th day of October , 198 following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux an NOES: None ABSENT: None I ! ////’ /.’ HZ/ LLJ i - f- L )c C-LAUDE A. LEWIS, M ATTEST : /I 26 27 28 L ALBTHA L. MUTE ( SEAL 1 4. * 1 2 3 4 5 6 7 * 9 10 11 l2 13 14 l5 16 I.7 18 I.g 20 21 22 23 24 25 26 27 20 0 e ORDINANCE NO. 9837 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21, EXEMPTING THE CONVERSION OF MOBILE HOME PARKS FROM CHAPTER 21.90 OF THE CARLSBAD MUNICIPAL CODE. The City Council of the City of Carlsbad, Califc does ordain as follows: SECTION 1: That Title 21, Chapter 21.90, SE 21.90.030(c) of the Carlsbad Municipal Code is amend add the following: 21.90.030 (c) (12) The conversion of existing mobile home par condominiums or similar forms of ownership wherebi mobile home park will remain substantially the san appearance following such conversion. SECTION 2: The City Council makes the foll findings: a) That such amendment will not increase the d for public facilities or services because it will affect existing mobile home parks that will r I substantially the same. b) That such amendment will not increase reside densities as mandated by Proposition E and approved b; voters of Carlsbad in November of 1986 because it will apply to existing mobile home parks c) That this amendment helps implement the Hoi Element of the General Plan by encouraging opportunitier moderate income housing in the City of Carlsbad and ii Coastal Zone. . 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 l8 19 20 21 22 23 e e d) That this amendment is consistent with th Use and other elements of the General Plan by help provide for a variety of land use types and enc housing for all segments of the population. EFFECTIVE DATE: This ordinance shall be effc thirty days after its adoption, and the City Clerk certify to the adoption of this ordinance and cause it published at least once in the Carlsbad Journal 5 fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting c Carlsbad City Council held on the 13th day of Octobt 1987, and thereafter PASSED AND ADOPTED at a regular meeting of said Council held on the 20th day of October , 1987, b following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux t NOES: None ABSENT: None /A$$///& c I I r .y P,/. CUUDE A. LEh!S, Mayor ATTEST: - ALETHA L. RAUTENKRANZ, City Clerk 25 7 26 27 28 I (SEAL) -LkLh 2. 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 e 0 PLANNING COMMISSION RESOLUTION NO. 2677 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITI CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A Z( AMENDMENT, AMENDING TITLE 21, CHAPTER 21.37, OF THE CARLSBAD MUNICIPAL CODE, TO CLARIFY AND REGULATE MOBILE HOME PARK CONVERSIONS TO CONDOMINIUMS. APPLICANT: CITY OF CARLSBAD CASE NO.: ZCA 87-1 WHEREAS, the Planning Commisson did, on the 19th ( August, 1987, hold a duly noticed public hearing as prescrib law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all pers desiring to be heard, said Commission considered all factors relating to the Zone Code Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannl Commission as follows: A) That the above recitations are true and correct. 6) That based on the evidence presented at the public heari Commission recommends APPROVAL of ZCA 87-1, according to Exhibit "A" , dated August 19, 1987, attached hereto and part hereof, based on the following findings: Findings: I) The proposed zone code amendments are consistent with Proposition E and the Growth Management Ordinance becaus number of residential units will remain the same and the will be no increase in the demand for public facilities. 2) . The proposed zone code amendments will clarify existing ordinance language and facilitate the condominium conver existing mobile home parks. 3) The proposed zone code amendments are consistent with th State Subdivision Map Act, the General Plan, and the Zon Ordinance. /I// /I// I/// 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 8 e PASSED, APPROVED AND ADOPTED at a regular meeting of th Planning Commission of the City of Carlsbad, California, he the 19th of August, 1987, by the following vote, to wit: AYES: Chairman Marcus, Commissioners Schlehuber, Schramm, Holmes, Hall. NOES: None. ABSENT: Commissioners McFadden and McBane. ABSTAIN: None. % S, z. Chairman BQ& LANNING COMMISSI ATTEST: /h.t_.l&$=& MICHAEL 3. HQgZMILLQ PLANNING DIRECTOR \ I PC RES0 NO. 2677 -2- 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 - ..... -.. m 0 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21, CHAPTER 21.37, TO CLARIFY AND REGULATE MOBILE HOME PARK CONVERSIONS TO CONDOMINIUMS. The City Council of the City of Carlsbad, Cal does ordain as follows: SECTION 1: That Title 21, Chapter 21.37, 21.37.030 of the Carlsbad Municipal Code is amended tc follows: 21.37.030 Permit Required. No person shall ( mobile home park and no mobile home park shall be est unless a mobile home park permit has been issued accordin< chapter. The conversion to condominiums of mobile hc existing on the effective date of the adoption of Chapt may be exempt from the development standards identifiec chapter, providing that the Planning Commission and Cita find that the mobile home park shall remain substant conformance with the existing facility following convei provided the conversion qualifies under Chapter 11, Divisj the Health and Safety Code (Health and Safety § 50780 e’ Such conversion of existing mobile home parks shall subject to Sections 21.37.110 and 21.37.120 of this chapt SECTION 2: That Title 21, Chapter 21.37, 21.37.120 subsection (bl of the Carlsbad Municipal Code i to read as follows: (b) No conversion shall be allowed unless a mo park permit has been approved by the City Council pu Chapter 21.37, except that existing mobile home par exempt from the development standards identified in thi ursuant to Section 21.37.030 of this chapter. In proce fobile home park permit for existing mobile home parks to be subject to the development standards of this cha Planning Commission and City Council may add reasonable c to the permit. Applications for conversions of existi home parks may be made by property owners, or by the with property owner concurrence. //// //// //// //// 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 e 0 SECTION 3: That Title 21, Chapter 21.37 of the Municipal Code is amended by the addition of Section 21.37 to read as follows: (dl Following recordation of a Certif Compliance, or conditional Certificate of Con owners/tenants of mobile homes on any unpurchased 3 interest shall not be economically displaced for a peric year from the date of recordation. A rent increase may 1: during this year provided the increase is equal to or 3 the average annual rent increase levied during the previc years. SECTION 4: That Title 21, Chapter 21.37, Carlsbad Municipal Code is amended by the addition 01 21.37.120 (e) to read as follows: (e) As a condition of the waiver of tenti pursuant to Section 21.37.130, the owner of the un] remaining interest shall have a relocation plan approvc City Council for those tenants who choose to relocate the homes. The following factors shall guide the Council in ( or disapproving the plan: 1) The age and condition of the mobile homc 2) The number of low income individuals or households needing assistance for reloc( 3) The availability of relocation housing, for mobile home relocation, or both, ha. reasonably equivalent amenities, within North County area within 15 miles Pacific Ocean, and relocation. 4) The necessity for financial assistance SECTION 5: That Title 21 Chapter 21.37, of the Municipal Code is amended by the addition of Section 21.3 to read as follows: (f) Conditions, Covenants and Restrictions (CC any conversion shall be submitted to the Planning Dir approval prior to final map, or final action and the CC& provide for the periodic maintenance of the exterio mobile homes. The CChR's cannot be altered or dissolve written City approval. //// .2 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 0 0 SECTION 6: That Title 21, Chapter’ 21.37, Carlsbad Municipal Code is amended by the addition o 21.37.130 to read as follows: 21.37.130 Waiver of Tentative and Final Map fc Home Park Conversions Other provisions of this Chapter notwithstanc City Council may, by resolution, waive the requiremc tentative and final map for a single parcel subdivisiol conversion of an existing mobile home park to condominium to granting such a waiver, the City Council shall following findings: 1) This waiver shall be granted only to convl existing mobile home parks on a single parce: 2) A petition, requesting the conversion, I signed by the property owner and at least tt of the residents of said mobile home park i be submitted to the Planning Director. 3) The proposed subdivision shall not resu. economic displacement from the subject mol park of tenants/owners on remaining uni interests located within the subject mobile 1 unless the owner complies with Section : (e). 4) A mobile home park permit shall be cone approved by the City Council with the grl this waiver. Even though a project may 1 exempt, the permit application shall inc analysis of conformance with present de- I standards. 5) The subdivision shall comply with such reqi then in effect as may have been establish€ Subdivision Map Act or this Chapter pert; area, improvement and design, flood water control, appropriate improved public roads, disposal facilities, water supply avai: environmental protection, and other requirc the Subdivision Map Act or this Chapter. The subdivider requesting a waiver as provided for hert make application therefore on such forms as may be providc the Director of Planning. .3 1 2 3 4 5 6 8 g 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Upon the grant of a waiver as provided for under this Sec City Engineer shall prepare a Certificate of Compl Conditional Certificate of Compliance, as appropri recordation in the office of the County Recorder for thl of documenting the approval of the subdivision. The City shall not record or release for recordation a Co Certificate of Compliance prepared pursuant to this Sectil and until the owner or owners of the property to be s have entered into an agreement with the City to provid satisfactory completion of all conditions of the Certi Compliance and shall have provided improvement secu appropriate, as provided for in Chapter 5 of the Subdiv 7- Act. EFFECTIVE DATE: This ordinance shall be thirty days after its adoption, and the City Clerk shal to the adoption of this ordinance and cause it to be pub least once in the Carlsad Journal within fifteen days adoption. INTRODUCED AND FIRST READ at a regular meeti Carlsbad City Council held on the day of and thereafter PASSED AND ADOPTED at a regular meeting of Council held on the day of , 198 following vote, to wit: AYES: NOES: ABSENT: CLAUDE A. LEWIS, M ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) 0 0 STAFF REPORT f - DATE: AUGUST 19, 1987 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT SUBJECT: ZCA 87-1 CITY OF CARLSBAO - A zone code amendment amending Title 21, Chapter 21.37 to clarify and regu mobile home park conversions to condominiums. I. RECOMMENDATION Thdt the Planning Commission APPROVE the Neqative Declaratior issued by the Planning Director and ADOPT Resolution No. 2677 recommending APPROVAL of ZCA 67-1, based on the findings contained therein. 11. DISCUSSION The Residential Mobile Home Park (RMHP) Zone (Section 21.37 o the Zoning Ordinance) presently permits mobile home park conversions and provides for the waiver of standards for exi: mobile home parks. Staff feels that more specifics are needf the ordinance and more protection for existing residents. Tc correct this situation, staff is recommendinq that the Plann Commission approve five actions. These are listed below and individually discussed. I) Amend Section 21.37.030 to clarify requirements for conversion of existing mobile home parks. 2) Amend Section 21.37.120 (b) to be consistent with tl recommended changes to Section 21.37.030 which clar the requirements for the conversion of existing mob home parks. 3) Amend Section 21.37.120 (d) to protect tenants agai immediate rent increases or economic displacement. 4) Add Section 21.37.120 (e) to require relocation pla tenants/owners not wishing to purchase interest in converted park. 5) Add Section 21.37.130 to permit the waiver of a tentative and final map for the condominium convers of existing mobile home parks over 50 units on a si parcel. 0 e August 19, 1987 Page Two - ZCA 87-1 Amendment Nos. 1 and 2, 21.37.030 and 21.37.120(b) The existing ordinance (RMHP zone) addresses mobile home park conversions in two sections, 21.37.030 and section 21.37.120. The first section indicates that mobile home parks existing the time of ordinance adoption (1980) do not have to comply w the regular mobile home park development standards but still to go through the standard conversion process by obtaining a mobile home park permit. Staff felt these sections were too general in that they did not have any criteria to determine w existing parks could convert. The existing ordinance also wa development standards on all existing parks. The amendment a proposed would only permit parks in excess of 50 units to hav development standards waived, and only if the Planning Commis and City Council approved such a waiver. The intent of this amendment is to permit conversions where the residents will bi the newly created lots, and there will be virtually no physic( change to the park. It also protects residents from being subdivided out of the park without proper cooperation. The amendment also allows the Planning Commission and City Counci place minor conditions on the mobile home park permit even if development standards are waived. Amendment No. 3, 21.37.120(d) This proposed addition to Section 21.37.120 was included to protect mobile home park tenants who did not wish to particip in either an owner or a resident-initiated conversion. The prohibition of a rent increase or economic displacement for or year would give the remaining tenants ample time to relocate without being penalized. To further protect the tenants, relocation plan requirements are also proposed and are discus: under Amendment No. 4 below. Amendment No. 4, 21.37.120(e) This addition to the RMHP Zone is designed to help protect existing residents during a conversion and to maintain consistency with the provisions for conversion in the planned development ordinance. The proposed amendment not only incluc the provisions of the planned development ordinance but also a conditions which consider the age and condition of the mobile home units as well as the financial cost to relocate a mobile home unit. The inclusion of these conditions acknowledges tha older mobile homes may be difficult or impossible to relocate. It also recognizes that the number of mobile home parks availa as relocation sites are limited and the cost of relocation is high. e 0 August 19, 1987 Page Three L ZCA 87-1 Amendment No. 5, 21.37.130 This proposed zone code amendment would provide for the waiver the requirement for a tentative map and final map for a single parcel subdivision for the condominium conversion of any exist mobile home park of 50 units or more where the park would rema essentially the same. Adoption of this amendment would expedi the processing of such a subdivision and would decrease costs both the subdivider and the City. The State Subdivision Map Act allows individual lot ownership in mobile home parks to occur by two methods. These include the following: 1) Approval of a tentative map and final map, 2) Waiver of a tentative map and final map. The second mechanism is allowed when the local jurisdiction ha an ordinance permitting such a waiver. At this time, the City Carlsbad does not have a provision to allow such a waiver. Under present City regulations, the eight existing mobile home parks would be required to file a tentative subdivision map, condominium permit, and final map in order to convert to condominiums. This is both a lengthy and costly process, especially if both the owner and residents are in agreement. addition, it is unlikely that present development standards required by the mobile home park zone could be met by any existing mobile home park. The proposed amendment would enablf the major mobile home parks in the City to convert to individui ownership by waiving the tentative and final map requirement. The proposed amendment, however, would still require a mobile home park permit to ensure that a homeowner’s association and i necessary conditions of approval would be established. The proposed amendment requires the City Council to make certai findings prior to granting the waiver of the tentative and fin: map requirements. The finding pertaining to the displacement ( current tenants/owners is recommended to ensure that existing tenants/owners are not displaced from a mobile home park withoi further review by the City. If such displacements would occur, the subdivider would be required to obtain a tentative and fina subdivision map, which would enable the City to impose appropriate conditions to mitigate the impacts of such displacement. e 0 August 19, 1987 Page Four - ZCA 87-1 The proposed amendment provides for the preparation of a Certificate of Compliance to evidence the subdivision of the property. If conditions are imposed by the City Council to enable it to make the required findings for granting a waiver Conditional Certificate of Compliance may be issued. The subdivider, in such a case, would be required to enter into a improvement agreement and provide improvement security to the City to ensure that all conditions are satisfied. Proposed mobile home park conversions would not generate an increased demand for public facilities and, as such, would nc impact the Growth Management Program or the residential dwell unit count established by the citizens' approval of Propositl "E" in November of 1986. This program was established to en2 that public facilities would be provided concurrent with development. Section 66451.6 of the Subidivision Map Act, however, prohibits the City from levying any impact fees on i mobile home park condominium conversion. The only fees permj by the Map Act are normal processing fees. Because there is increase in the demand for public facilities and impact fees prohibited by the Map Act, mobile home park condominium conversions are precluded from the fees which may be imposed part of the growth management requirements. It should be not that this only pertains to mobile home park condominium conversions. The Subdivision Map Act does not restrict citic from levying impact fees on other types of condominium conversions. Overall, the proposed amendment will facilitate the resident- initiated condominium conversion process for existing mobile parks. It is consistent with both the Subdivision Map Act ar City policies and ordinances. For these reasons, staff recommends approval of ZCA 87-1. 111. ENVIRONMENTAL REVIEW The Planning Director has determined that this project will have a significant impact on the environment and, therefore, issued a Negative Declaration on August 5, 1987. ATTACHMENTS 1. Planning Commission Resolution No. 2677 with attachment 2. Environmental Document AML: dm 7/30/87 2075 LAS PALM CARLSBAD, CALIFOR e 0 PLAN NlNG D €PA RTM EN T (619) 438-1 - Citp of (6arIle’ba’br NEGATIVE DECLARATION PROJECT ADDRESS/LOCATION: Citywide PROJECT DESCRIPTION: Zone Code Amendment to permit the waiver of a tentative and final map on condominium conversions for existing mobile home parks of SO units or more on a single parcel. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the city of Carlsbad. review, a Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Planning Department. A copy of the Negative Declaration with supportive documents is on file in the Planning Department, 2075 Las Palmas Drive, Carlsbad, CA., 92009. Comments from the public are invited. Please submit comments in writing to the Planning Department within ten (10) days of date of issuance . As a result of said Justification for this action is on file in the \ lXTED: August 5, 1987 4MI-W, MICHAEL J. H~LZMIMER CASE NO: ZCA 87-1 Planning Director APPLICANT: CITY OF CARLSBAD PUBLISH DATE: August 5, 1987 ND4 11/05 e ‘ ’ CkwlGbad Journaj Decreed A Legal Newspaper by the Superior Court of Sun Diego County Mail all correspondence regarding public notice advertising to North Coast Publishers, Inc. corporate offices: P.O. Box 878, Encinitas, CA 92024 (61 9) 753-6543 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 enti I am principal clerk of the printer of the Carlsbad Journal a newspaper of genera published twice weekly in the City of Carlsbad, County of San Diego, State of California newspaper is published for the dissemination of local newsand intelligenceof a general ch which newspaper at all times herein mentioned had and still has a bona fide subscription I subscribers, and which newspaper has been established, printed and published at regula1 the said City of Carlsbad, County of San Diego, State of California, for a period exceeding o preceding the date of publication c hereinafter referred to; and that tl which the annexed is a printed COF published in each regular and entire newspaper and not in any suppleme the following dates, to-wit: NOTICE OF PUBLIC HEARING ZCA 821 NOTICE IS HEREBY GIVEN that the City Council of tlie City of Carls- . ............................ October 2, 1987, to consider a zone code amendment to Title 21, Chapter 21.37 to clarify and regulate resi- dent-initiated mobile home park .............................. ions to condominiums, city- ou have any questions. please call the Planning Department at 438-1161. .............................. If you challenge the zone code amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspon- dence delivered to the City of Carls- bad City Clerk’s Office at or’pr,ior to the public hearing. Applicant: City of Carlsbad CJ 4860: October 2. 1987 .............................. .............................. CARLSBAD CITY COUNCIL I certify under penalty of perjury that the fore! correct. Executed at Carlsbad, County of Sat California on The 2nd day of OC- Clei #202-2M-7 86 0 NOTICE OF PUBLIC HEARING * . ZCA 87-1 NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a 1 hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 6 on Tuesday, October 13, 1987, to consider a zone code amendment to Title 21, Chap to clarify and regulate resident-initiated mobile home park conversions to condom citywide. If you have any questions, please call the Planning Department at 438-1161. If you challenge the zone code amendment in court, you may be limited to raising t those issues you or someone else raised at the public hearing described in this n or in written correspondence delivered to the City of Carlsbad City Clerk's Offic at or prior to the public hearing. APPLICANT: City of Carlsbad PUBLISH: October 2, 1987 CARLSBAD CITY COUNCIL e NOTICE OF PUBLIC HEARING e NOTICE IS HEREBY GIVEN that the Planning Commission of the City of, Carlsbad hold a public hearing at the Council Chambers, 1200 Elm Avenuep Carlsbad, California, at 6:OO p.m. on Wednesday, August 19, 1987, to consider approval a zone code amendment to Title 21, Chapter 21.37 to clarify and regulate resident-initiated mobile home park conversions to condominiums, citywide. Those persons wishing to speak on this proposal are cordially invited to att the public hearing. Department at 438-1161. If you challenge the zone code amendment in court, you may be limited to rai only those issues you or someone else raised at the public hearing described this notice, or in written correspondence delivered to the City of Carlsbad or prior to the public hearing. If you have any questions please call the Planning CASE FILE: ZCA 87-1 APPLICANT: CITY OF CARLSBAD PUBLISH: AUGUST 7, 1987 CITY OF CARLSBAD PLANNING COMMISSION (Form A) e m 8 TO: CITY CLERK'S OFFICE FROM: PLANNING DEPARTMENT RE: PUBLIC HEARING REQUEST Attached are the materials necessary for you to notice - ZCA 87-1 City of Carlsbad for a public hearing before the City Council, Please notice the item for the council meeting of /&Ai Thank you. - 9/8/87 Dati