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Home My WebLink About2005-03-15; City Council; 18022; Amend Code to Define Mobile and Modular BuildingsAB# 18,022 MTG. 03'15105 DEPT. CLK RECOMMENDED ACTION: ADOPTION OF ORDINANCE NO. NS-746 AMENDING VARIOUS CODES OF SECTION 21 OF THE CARLSBAD MUNICIPAL CODE TO DEFINE MOBILE AND MODULAR BUILDINGS II 8 CITY ATTY. DEPT. HD. CITY Me Adopt Ordinance No. NS-746 amending various Sections of Title 21 and add Sections 21.04.263 and 21.04.273 to the Carlsbad Municipal Code to define mobile and modular buildings and provide for temporary placement of mobile buildings by Conditional Use Permit. ITEM EXPLANATION: Ordinance No. NS-746 was introduced and first read at the City Council meeting held on March 8, 2005. The second reading allows the City Council to adopt the ordinance, which would then become effective in thirty days. The City Clerk will have the ordinance published within fifteen days, if adopted. FISCAL IMPACT: See Agenda Bill No. 18,OI 1 on file with the City Clerk. EXHIBIT: 1. Ordinance No. NS-746. DEPARTMENT CONTACT: Sheila Cobian (760) 434-2927, scobi@ci.carlsbad.ca.us 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 ORDINANCE NO. NS-746 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING VARIOUS SECTIONS OF TITLE 21 OF THE CARLSBAD MUNICIPAL CODE AND ADDING SECTIONS 21.04.263 AND 21.04.273 TO THE CARLSBAD MUNICIPAL CODE TO DEFINE MOBILE AND MODULAR BUILDINGS AND PROVIDE FOR TEMPORARY PLACEMENT OF MOBILE BUILDINGS BY CONDITIONAL USE PERMIT. CASE NAME: TEMPORARY BUILDINGS CASE NO.: ZCA 04-03 The City Council of the City of Carlsbad, California, does ordain as follows: Section 1: That Title 21, Chapter 21.04 is amended by the addition of Section 21.04.263 to read as follows: “Lot width” means the horizontal distance of the line constituting the required front yard setback, as required in certain zone classifications. For those zone classifications without required front yards, the lot width is the horizontal distance between the side lot lines measured at right angles to a line comprising the depth of the lot at a point midway between the front and rear lot lines. All lots located on the inside of a curve of a public street whose rear property line is at least twenty feet less in length than the front property line shall have their lot width calculated, for the purpose of computing required side yard setbacks, using the average width of the lot. Section 2: That Title 21, Chapter 21.04, Section 21.04.265 is amended to read as follows: “Mobile building” means a structure constructed on a permanent chassis transportable in one or more sections, designed and equipped for human occupancy for industrial, professional, commercial, educational, or temporary housing (e.g. farmworker or transitional housing) purposes to be used primarily with a temporary foundation system. A “mobile building” requires vehicle registration from the state Department of Transportation pursuant to the state Vehicle Code and requires registration and title from the state Department of Housing and Community Development pursuant to the state Health and Safety Code. “Mobile building” does not include a recreational trailer, mobile homes, manufactured home, or prefabricated home but may include a commercial coach or trailer coach. Section 3: That Title 21, Chapter 21.04 is amended by the addition of Section 21.04.270 to read as follows: “Modular building” means a structure not constructed on a permanent chassis, transportable in one or more sections on a separate trailer, designed for human occupancy for industrial, professional, or commercial purposes to be placed upon a permanent foundation. A “modular building” is constructed in prefabricated sections and its construction and assembly is subject to the California Building, Electrical, Mechanical, and Plumbing Codes. “Modular building” does not include mobile offices, mobile homes, manufactured home, prefabricated home, commercial coach, or trailer coach. For the purposes of permitted uses in each zone, “modular building” is considered the same as any standard building. a- 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 USE P Mobile building, subject to Sec. 21.42.01 0(2)(N) (defined: Sec. 21.04.265) Section 4: That Title 21, Chapter 21.04 is amended by the addition of CUP Acc X Section 21.04.273 to read as follows: USE P Mobile building, subject to Sec. 21.42.01 0(2)(N) (defined: Sec. 21.04.265) “Motel” means a group of attached or detached buildings containing individual sleeping or living units where a majority of such units open individually and directly to the outside, and where a garage is attached or a parking space is conveniently located to each unit, all for the temporary use by automobile tourist or transients, and such word shall include motor lodges. An establishment shall be considered a motel when it is required by the Health and Safety Code of the state of California to obtain the name and address of the guests, the make, year and license number of the vehicle and the state in which it was issued. CUP ACC X Section 5: That Title 21, Chapter 21.08, Section 21.08.020 is amended by USE Mobile building, subject to Sec. 21.42.010(2)(N) (defined: Sec. 21.04.265) the amendment of the amendment of “TABLE A PERMITTED USES” in Subsection P CUP Acc X 21.08.020.6 to insert the following into Table A in alphabetical order (headings not included): USE P CUP Acc Section 6: That Title 21 , Chapter 21.10, Section 21.10.020 is amended by Mobile building, subject to Sec. 21.42.010(2)(N) (defined: Sec. 21.04.265) the amendment of “TABLE A PERMITTED USES” in Subsection 21.10.020.B to insert the X Section 7: That Title 21, Chapter 21.12, Section 21.12.020 is amended by the amendment of “TABLE A PERMITTED USES,’ in Subsection 21.12.020.6 to insert the following into Table A in alphabetical order (headings not included): Section 8: That Title 21, Chapter 21.16, Section 21.16.020 is amended by the amendment of “TABLE A PERMITTED USES’’ in Subsection 21.16.020.B to insert the Ill -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 28 USE Mobile building, subject to Sec. 21.42.010(2)(N) (defined: Sec. 21.04.265) Section 9: That Title 21, Chapter 21.18, Section 21.18.020 is amended by the amendment of “TABLE A PERMITTED USES and “TABLE B PERMITTED USES” in Subsection 21.18.020.D to insert the following into Table A and Table B in alphabetical order (headings not included): P CUP Acc X USE Mobile building, subject to Sec. 21.42.01 0(2)(N) (defined: Sec. 21.04.265) Section IO: That Title 21, Chapter 21.22, Section 21.22.020 is amended by P CUP Acc X the amendment of “TABLE A PERMITTED USES“ in Subsection 21.22.020.B to insert the USE Mobile building, subject to Sec. 21.42.010(2)(N) (defined: Sec. 21.04.265) following into Table A in alphabetical order (headings not included): P CUP Acc X USE P Mobile building, subject to Sec. 21.42.01 0(2)(N) (defined: Sec. 21.04.265) Section 11: That Title 21, Chapter 21.24, Section 21.24.020 is amended by CUP Acc X the amendment of “TABLE A PERMITTED USES” in Subsection 21.24.020.B to insert the following into Table A in alphabetical order (headings not included): Section 12: That Title 21, Chapter 21.37, Section 21.37.020 is amended by the amendment of “TABLE A PERMITTED USES” in Subsection 21.37.020.B to insert the Section 13: That Title 21, Chapter 21.42, Section 21.42.010 is amended by the amendment of Subsection 21.42.010(11)(A) to read as follows: (A) Hotel and Motel uses as defined in Sections 21.04.185 and 21.04.273 of this code, subject to the following conditions: (i) The application for a conditional use permit shall include the submittal of an architectural theme, colored elevations and site plan for review by the planning commission. (ii) When adjoining residentially zoned property, hotels and motels under this section must comply with the following provisions: (a) Front yard setbacks, buildings -- twenty-five feet or same distance as existing buildings or adjoining lots; driveway or parking area -- ten feet; outdoor recreational amenities -- ten feet; -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 28 (b) A six-foot-high masonry wall shall be constructed along all property lines which are adjacent to residentially zoned properties (except where prohibited by approved driveways). Section 14: That Title 21, Chapter 21.42, Section 21.42.010 is amended by the addition of Subsection 21.42.010(2)(N) to read as follows: (N) Temporary use of mobile buildings, as defined in Section 21.04.265 of this code, subject to the following conditions: (i) The mobile building shall be occupied by a permitted or conditional use allowed in the zone in which it is placed. The occupancy shall be limited to a five-year term, unless extended by the Planning Commission. (ii) Newly placed mobile buildings shall not be installed on permanent foundations. (iii) All mobile buildings shall have wood or stucco siding and must be installed with skirting to screen the chassis, wheels, and temporary foundation system. (iv) All mobile buildings must meet all applicable local, state, and federal codes including, but not limited to: manufacturer’s certificate of origin, current and valid registration tags, adequate accessibility for disabled persons, temporary foundation system design and installation, utility connections, and zoning requirements such as building height and setbacks. Section 15: That Title 21, Chapter 21.42, Section 21.42.010(5)(s) is hereby repealed. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill -4- 5 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 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 a publication of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 8th day of March 2005, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 15th day of MARCH 2005, by the following vote, to wit: AYES: Council Members Lewis , Hall, Kulchin, Packard , Sigafoose NOES: None ABSENT: None ABSTAIN: None APJQOVED AS TO FORM AND LEGALITY h ATTEST: (SEAL) -5-