A.
The
intent and purpose of the mobile home park zone is to:
1.
Provide
locations where mobile homes and mobile home parks may be established,
maintained and protected;
2.
Provide
a means to regulate and control the conversion of existing mobile
home parks to another use;
3.
Promote
and encourage an orderly residential environment with appropriate
physical amenities; and
4.
Implement
the goals and objectives of the general plan, including all residential
land use designations and the housing element.
(Ord. 9564 § 2, 1980; Ord. NS-718 § 15, 2004)
A.
In an RMHP zone, notwithstanding any other provision of this title, only the uses listed in Table A, below, shall be permitted, subject to the requirements and development standards specified by this chapter, and subject to the provisions of Chapter 21.44 of this title governing off-street parking requirements.
B.
The uses permitted by conditional use permit, as indicated in Table A, shall be subject to the provisions of Chapter 21.42 of this title.
C.
A use
similar to those listed in Table A may be permitted if the City Planner
determines such similar use falls within the intent and purposes of
the zone, and is substantially similar to the specified permitted
uses.
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Table A
Permitted Uses
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|---|
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In the table, below, subject to all applicable permitting and
development requirements of the municipal code: "P" indicates use
is permitted. (See note 4 below)
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"CUP" indicates use is permitted with approval of a conditional
use permit. (See note 4 below)
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1 = Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this title.
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2 = Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title.
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3 = Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of this title.
|
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"Acc" indicates use is permitted as an accessory use.
|
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Use
|
P
|
CUP
|
Acc
|
|---|---|---|---|
|
Aquaculture (defined: Section 21.04.036)
|
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2
|
|
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Animal keeping (household pets) (subject to Section 21.53.084)
|
|
|
X
|
|
Animal keeping (wild animals) (subject to Section 21.53.085)
|
|
|
X
|
|
Biological habitat preserve (subject to Section 21.42.140(B)(30); defined: Section 21.04.048)
|
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2
|
|
|
Buildings incidental to a mobile home park (ex. recreational
buildings, laundry facilities, etc.)
|
|
|
X
|
|
Campsites (overnight) (subject to Section 21.42.140(B)(40))
|
|
2
|
|
|
Cemeteries
|
|
3
|
|
|
Churches, synagogues, temples, convents, monasteries, and other
places of worship
|
|
2
|
|
|
Educational institutions or schools, public/private (defined: Section 21.04.140)
|
|
2
|
|
|
|
|
X
| |
|
|
|
X
| |
|
Farmworker housing complex, small (subject to Section 21.10.125) (defined: Section 21.04.148.4)
|
|
1
|
|
|
Golf courses
|
|
3
|
|
|
Greenhouses > 2,000 square feet (subject to Section 21.42.140(B)(70))
|
|
1
|
|
|
Home occupation (subject to Section 21.10.040)
|
|
|
X
|
|
Mobile buildings (subject to Section 21.42.140(B)(90); defined: Section 21.04.265)
|
|
2
|
|
|
Mobile home accessory structures (defined: Section 21.04.267)
|
|
|
X
|
|
Mobile home parks (see note 2, below)
|
X
|
|
|
|
Packing/sorting sheds > 600 square feet (subject to Section 21.42.140(B)(70))
|
|
1
|
|
|
Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Section 21.04.297)
|
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2
|
|
|
Residential care facilities serving six or fewer persons (defined: Section 21.04.300)
|
X
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|
|
|
|
|
X
| |
|
|
|
X
| |
|
Supportive housing (defined: Section 21.04.355.1)
|
X
|
|
|
|
X
|
|
| |
|
Transitional housing (defined: Section 21.04.362)
|
X
|
|
|
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Wireless communication facilities (subject to Section 21.42.140(B)(165); defined: Section 21.04.379)
|
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1 / 2
|
|
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Zoos (private) (subject to Section 21.42.140(B)(170); defined: Section 21.04.400)
|
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2
|
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Notes:
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|---|---|
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1.
|
A conditional use permit is not required for a golf course if
it is approved as part of a master plan for a planned community development.
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2.
|
A mobile home park may be a condominium, planned unit development,
or rental park consisting of mobile homes. Subject to the provisions
of Section 18551 of the California Health and Safety Code, mobile
homes may be placed on permanent foundation systems in condominium
or planned-unit development parks. Subject to the provisions of Sections
18551.1 and 18611 of the California Health and Safety Code mobile
homes and factory-built houses may be placed on permanent foundation
systems in any mobile home park for which a permit was issued after
January 1, 1982 and designated to accommodate homes on permanent foundation
systems.
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3.
|
Public/quasi-public accessory utility buildings/facilities include,
but are not limited to, water wells, water storage, pump stations,
booster stations, transmission/distribution electrical substations,
operating centers, gas metering/regulating stations or telephone exchanges,
with the necessary accessory equipment incidental thereto.
|
|
4.
| |
(Ord. 9564 § 2, 1980; Ord. 9615 § 1, 1983; Ord. 9674 § 2, 1983; Ord. 9785 § 23, 1986; Ord. 9804 § 6, 1986; Ord. NS-409 § 18, 1997; Ord. NS-718 § 15, 2004; Ord. NS-746 § 12, 2005; Ord. NS-791 § 27, 2006; Ord. CS-102 §§ LXXXII,
LXXXIII, 2010; Ord. CS-164 § 10,
2011; Ord. CS-189 § XLIII,
2012; Ord. CS-191 § XVII,
2012; Ord. CS-224 §§ XXXIV,
XXXV, 2013; Ord. CS-249 § XV,
2014)
A.
No
person shall develop a mobile home park and no mobile home park shall
be established unless a mobile home park permit has been issued according
to this chapter.
B.
The requirement for a mobile home park permit and the design criteria and development standards identified in this chapter, are not applicable to the filing of a tentative map or a parcel map for a subdivision to be created from the conversion of a rental mobile home park to a resident ownership provided that the Planning Commission and City Council find that the mobile home park shall remain substantially in conformance with the existing facility allowing conversion. Such conversion of existing mobile home parks shall still be subject to Sections 21.37.110 and 21.37.120.
(Ord. 9564 § 2, 1980; Ord. 9836 § 1, 1987; Ord. NS-718 § 15, 2004; Ord. CS-061 § 4, 2009)
A.
An
application for a mobile home park permit may be made by the owner
of the property affected or the authorized agent of the owner. The
application shall:
1.
Be
made in writing on a form provided by the City Planner;
2.
State
fully the circumstances and conditions relied upon as grounds for
the application; and
3.
Be
accompanied by:
a.
A legal description of the property involved.
b.
Adequate plans, which include a development plan showing the location
of all mobile home lots and accessory buildings, a landscape plan
and a grading plan including cross-sections of any proposed grading.
c.
All other materials as specified by the City Planner.
4.
If
the applicant contemplates the construction of a mobile home park
in phases, the application shall so state and shall include a proposed
construction schedule;
5.
If
the project is to provide open areas and recreational facilities to
be used by the occupants of two or more dwelling units, it shall be
stated in the application and the application shall include a plan,
acceptable to the city, for the preservation and maintenance of the
common elements of the property; and
6.
If the proposed park will be a condominium or planned unit development, a tentative map prepared according to the requirements of Chapter 20.12 of this code shall be filed at the time of the application for the mobile home park. No tentative map for a mobile home condominium or planned unit development shall be approved unless a mobile home park permit has first been approved. A tentative map for a mobile home condominium or planned unit development shall not be deemed submitted for approval until the date of the first Planning Commission hearing on the permits.
B.
At
the time of filing the application, the applicant shall pay the application
fee contained in the most recent fee schedule adopted by the City
Council.
(Ord. 9564 § 2, 1980; Ord. 1256 §§ 7, 13, 1982; Ord. NS-675 §§ 76, 81,
2003; Ord. NS-718 § 15,
2004; Ord. CS-164 §§ 10,
11, 2011; Ord. CS-178 § LII,
2012)
A.
An
application for a mobile home park permit may be approved, conditionally
approved or denied by the City Council based upon its review of the
facts as set forth in the application, of the circumstances of the
particular case, and evidence presented at the public hearing.
B.
Before
the City Council decision, the Planning Commission shall hear and
consider the application for a mobile home park permit and shall prepare
a recommendation and findings for the City Council. The action of
the Planning Commission shall be filed with the City Clerk, and a
copy shall be mailed to the applicant.
C.
The
City Council shall hear the matter, and may approve or conditionally
approve the mobile home park permit if it finds that the design and
improvement of the project are consistent with the development standards
and design criteria established by this chapter.
(Ord. 9564 § 2, 1980; Ord. 1256 § 7, 1982; Ord. NS-675 § 76, 2003; Ord. NS-718 § 15, 2004; CS-164 § 10, 2011; Ord.
CS-178 § LII, 2012)
When a decision on a mobile home park permit is made pursuant to this chapter, the decision-making authority shall announce its decision in writing in accordance with the provisions of Section 21.54.120 of this code.
(Ord. 9564 § 2, 1980; Ord. 9758 § 8, 1985; Ord. NS-718 § 15, 2004; Ord. CS-178 § LII, 2012)
The decision of the City Council on a mobile home park permit
is final, conclusive and shall be effective upon the date specified
in the announcement of decision.
(Ord. 9564 § 2, 1980; Ord. NS-718 § 15, 2004; Ord. CS-178 § LII, 2012)
A.
The expiration period for an approved mobile home park permit shall be as specified in Section 21.58.030 of this title.
(Ord. CS-178 § LIII, 2012)
A.
After
approval of the mobile home park permit, the applicant shall prepare
a reproducible copy of the approved mobile home park site plan known
hereafter as the final mobile home park plan, which shall incorporate
all requirements of the mobile home park permit approval.
B.
The
final mobile home park plan shall be submitted to the City Planner
for signature. Prior to signing the final mobile home park plan, the
City Planner shall determine that all applicable requirements have
been incorporated into the plan and that all conditions of approval
have been satisfactorily met or otherwise guaranteed.
(Ord. 9564 § 2, 1980; Ord. 1256 § 10, 1982; Ord. NS-675 §§ 76, 77,
2003; Ord. NS-718 § 15,
2004; Ord. CS-164 § 10,
2011)
A.
The
following design criteria shall apply to all mobile home parks:
1.
The
overall plan shall be comprehensive, embracing land, mobile homes,
buildings, landscaping and their interrelationships, and shall conform
to adopted plans for all governmental agencies for the area in which
the proposed development is located;
2.
The
plan shall provide for adequate circulation, off-street parking, open
recreational areas and other pertinent amenities. Mobile homes, buildings,
structures and facilities in the park shall be well integrated, oriented
and related to the topographic and natural landscape features of the
site;
3.
The
proposed development shall be compatible with existing and planned
land use and with circulation patterns on adjoining properties. It
shall not constitute a disruptive element to the neighborhood or community;
and
4.
Common
areas and recreational facilities shall be located so as to be readily
accessible to the occupants of the dwelling units and shall be well
related to any common open spaces provided.
(Ord. 9564 § 2, 1980; Ord. NS-718 § 15, 2004)
A.
A mobile
home park shall comply with the following development standards:
1.
A
mobile home park shall be not less than five acres for a condominium
or planned unit development park and fifteen acres for a rental park;
2.
Fifteen
percent of the mobile home sites may be three thousand square feet
in area to accommodate a twenty foot wide mobile home. The remaining
sites shall have a minimum of three thousand five hundred square feet
in area;
3.
Each
mobile home lot shall have a width of not less than fifty feet;
4.
Not
more than one single-family mobile home or factory-built home may
be placed on a mobile home lot. Each mobile home or factory-built
house shall contain one dwelling unit only. No mobile home or factory-built
house shall be less than twenty-four feet wide, except for the fifteen
percent affordable housing units which may be twenty feet wide;
5.
Each
mobile home site shall have a front yard of not less than five feet.
The front yard so required shall not be used for vehicle parking,
except such portion thereof as is devoted to driveway use;
6.
On
corner mobile home sites, the side yard adjoining the mobile home
park street shall not be less than five feet;
7.
Except
for corner lots, 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;
8.
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;
9.
Notwithstanding
the separation requirement, 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 between the mobile home and a private garage which
does not meet the requirements for one-hour fire resistive construction;
10.
Private garages shall maintain a minimum side yard and rear yard
of not less than three feet;
11.
Carports/awnings must be constructed of noncombustible materials
and may be constructed to the lot line provided there is a minimum
of three feet clearance from a mobile home or any other structures
on the adjacent lots;
12.
A maximum of two storage cabinets shall be permitted on each mobile
home lot. The aggregate floor area of the cabinets shall not exceed
one hundred square feet nor shall the height of the cabinets exceed
ten feet. Storage cabinets may be located on a lot line or adjacent
to a mobile home or mobile home accessory building or structure or
beneath an awning or carport; provided, that it does not obstruct
the required exiting or openings for light and ventilation of a mobile
home or a cabana, or prevent service or inspection of mobile home
equipment and utility connections or encroach within a designated
open space area;
13.
Expansion or alteration of buildings which are nonconforming by reason of inadequate yards shall comply with Section 21.48.090. Miscellaneous accessory structures such as lath houses, green-houses, storage buildings (greater than one hundred square feet in floor area), etc., may be erected on 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 seventy-five percent of the lot;
14.
When used for access to a parking facility, a side yard shall be
wide enough for a ten foot wide unobstructed driveway. All such side
yard driveways shall be paved with cement or asphaltic concrete;
16.
The area of the mobile home and all mobile home accessory structures
shall not cover more than seventy-five percent of the mobile home
site;
18.
Mobile home park streets shall be provided in such a pattern as to
provide convenient traffic circulation within the mobile home park.
Such streets shall be built to the following standards:
a.
No roadway shall be less than thirty four feet in width,
b.
There shall be concrete curbs on each side of the streets,
c.
The mobile home park streets shall be paved according to standards
established by the City Engineer,
d.
Mobile home park streets shall be lighted in accordance with the
standards established by the City Engineer;
19.
(Reserved)
20.
The City Council may permit decentralization of the recreational
facilities in accordance with principles of good planning;
22.
Common trash-bin enclosures shall be provided. They shall be of masonry
construction and compatible with the mobile home park;
23.
Service buildings and facilities shall be strategically located throughout
the park for convenient access from mobile homes. No service building
shall be closer than twenty feet to any property adjacent to the mobile
home park;
24.
Mobile home parks shall be enclosed by solid masonry fences, six
feet in height, subject to City Planner approval, along dedicated
street frontages and interior property lines; and
25.
All new mobile homes shall bear a valid insignia of approval issued
by the State Department of Housing and Community Development.
(Ord. 9564 § 2, 1980; Ord. 1256 § 7, 1982; Ord. 9782 § 1, 1985; Ord. 9804 § 4, 1986; Ord. NS-24 § 1, 1988; Ord. NS-602 § 4, 2001; Ord. NS-675 § 76, 2003; Ord. NS-718 § 15, 2004; Ord. CS-102 §§ LXXXIV,
LXXXV, 2010; Ord. CS-164 § 10,
2011)
A.
The removal of the mobile home park zone shall be accomplished according to the procedure for change of zone established by Chapter 21.52 of this code.
B.
No
change of zone shall be approved unless the City Council, after recommendation
of the Planning Commission, finds:
1.
That
the change of zone is consistent with the housing element;
2.
That
for the property used for a mobile home park, the applicant has provided
notice of termination of tenancy required by the California Civil
Code Section 798.56(f) and that all requirements of the Civil Code
regarding termination of tenancy will be met;
3.
That
for property used for a mobile home park, a plan satisfactory to the
City Council to mitigate the impact on residents of the park has been
prepared. Such plan shall include a phase-out schedule which establishes
a timetable for the change of use and shall include an assistance
plan, including programs to aid residents who will be displaced by
the change of use in locating and securing new residences. Such aid
may include financial assistance. The following factors shall guide
the council in approving or disapproving the plan:
a.
The age of the mobile home park,
b.
The number of low income individuals or households needing assistance
for relocation, and
c.
The availability of relocation housing, sites for mobile home relocation,
or both, having reasonably equivalent amenities, within the North
County area within fifteen miles of the Pacific Ocean.
C.
In
making decisions pursuant to this section, the council shall consider
the effect of the decision on the housing needs of the community and
balance those needs against the public service needs of the residents
and available fiscal and environmental resources.
(Ord. 9564 § 2, 1980; Ord. NS-718 § 15, 2004)
A.
"Conversion"
means a use of the mobile home park for a purpose other than the rental,
or the holding out for rent, of two or more mobile home sites to accommodate
mobile homes used for human habitation. A conversion may affect an
entire park or any portion thereof. "Conversion" includes, but is
not limited to, a change of the park or any portion thereof to a condominium,
stock cooperative, planned unit development or any form of ownership
wherein spaces within the park are to be sold. "Conversion" does not
include a change in the use of the property requiring a change of
zone.
B.
With the exception of mobile home parks converting from a rental mobile home park to resident ownership, no conversion shall be allowed unless a mobile home park permit has been approved by the City Council pursuant to Chapter 21.37.
At the time of filing a tentative or parcel map for a subdivision
to be created from the conversion of an existing rental mobile home
park to residential ownership, the subdivider shall comply with the
requirements of Government Code Section 66427.5.
C.
No
conversion permit shall be issued unless the City Council finds:
1.
That
the notice required by California Civil Code Section 798.56(f) has
been or will be given;
2.
Each
of the tenants of the proposed condominium, stock cooperative project,
planned unit development or other form of ownership has been or will
be given notice of an exclusive right to contract for the purchase
of their respective site or mobile home lot upon the same terms and
conditions that such site will be initially offered to the general
public or terms more favorable to the tenant. The right shall run
for a period of not less than one hundred eighty days from the date
of issuance of the subdivision public report pursuant to Section 11018.2
of the Business and Professions Code, unless the tenant gives prior
written notice of his or her intention not to exercise the right;
and
3.
That
the conversion is consistent with the general plan; a specific finding
of consistency with the housing element shall be made.
D.
Following
recordation of a certificate of compliance or conditional certificate
of compliance, owners/tenants of mobile homes on any unpurchased remaining
interest shall not be economically displaced for a period of one year
from the date of recordation. A rent increase may be levied during
this year provided the increase is equal to or less than the average
annual rent increase levied during the previous three years.
E.
As a condition of the waiver of tentative map pursuant to Section 21.37.130, the owner of the unpurchased remaining interest shall have a relocation plan approved by the City Council for those tenants who choose to relocate their mobile homes. The relocation plan shall also provide assistance for residents who are renting a coach in the park who will be displaced by the purchase of their space. The following factors shall guide the council in approving or disapproving the plan:
1.
The
age and condition of the mobile home units;
2.
The
number of low-income individuals or households needing assistance
for relocation;
3.
The
availability of relocation housing, sites for mobile home relocation,
or both, having reasonably equivalent amenities, within the North
County area within fifteen miles of the Pacific Ocean; and
4.
The
necessity for financial assistance for relocation.
F.
Conditions,
covenants and restrictions (CC&Rs) for any conversion shall be
submitted to the City Planner for approval prior to final map, or
final action and the CC&Rs shall provide for the periodic maintenance
of the exteriors of the mobile homes. The conditions, covenants and
restrictions cannot be altered or dissolved without written city approval.
(Ord. 9564 § 2, 1980; Ord. 9684, 1983; Ord. 9836 §§ 2—5, 1987; Ord. NS-718 § 15, 2004; Ord. CS-061 § 4, 2009; Ord. CS-164 § 10, 2011)
A.
Other
provisions of this chapter notwithstanding, the City Council may,
by resolution, waive the requirement for a tentative and final map
for a single parcel subdivision for the conversion of an existing
mobile home park to condominiums. Prior to granting such a waiver,
the City Council shall make the following findings:
1.
This
waiver shall be granted only to conversion of existing mobile home
parks on a single parcel;
2.
A
petition requesting the conversion shall be signed by the property
owner and at least two-thirds of the residents of the mobile home
park and shall be submitted to the City Planner;
3.
The proposed subdivision shall not result in the economic displacement from the subject mobile home park of tenants/owners on remaining unpurchased interests located within the subject mobile home park unless the owner complies with Section 21.37.120(E);
4.
A
mobile home park permit shall be concurrently approved by the City
Council with the granting of this waiver. Even though a project may
be deemed exempt, the permit application shall include an analysis
of conformance with present development; and
5.
The
subdivision shall comply with such requirements then in effect as
may have been established by the Subdivision Map Act or this chapter
pertaining to area, improvement and design, floodwater drainage control,
appropriate improved public roads, sanitary disposal facilities, water
supply availability, environmental protection and other requirements
of the Subdivision Map Act or this chapter.
B.
The
subdivider requesting a waiver as provided for in this section shall
make application therefor on such forms as may be provided for by
the City Planner.
C.
Upon the grant of a waiver as provided for under this section, the City Engineer shall prepare a certificate of compliance or conditional certificate of compliance, as appropriate, for recordation in the office of the County Recorder for the purpose of documenting the approval of the subdivision. The City Engineer shall not record or release for recordation a conditional certificate of compliance prepared pursuant to this section unless and until the owner or owners of the property to be subdivided have entered into an agreement with the city to provide for the satisfactory completion of all conditions of the certificate of compliance and shall have provided improvement security, as appropriate, as provided for in Chapter 5 of the Subdivision Map Act.
(Ord. 9836 § 6, 1987; Ord. NS-718 § 15, 2004; Ord. CS-164 § 10, 2011)
In any section, subsection, paragraph, sentence, clause or phrase of this chapter and the ordinance to which it is a part, or any part thereof, is held for any reason to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, the remaining sections, subsections, paragraphs, sentences, clauses, and phrases shall not be affected thereby. The City Council hereby declares that it would have adopted this chapter and the ordinance to which it is a part regardless of the fact that one or more sections, subsections, paragraphs, sentences, clauses, or phrases may be determined to be unconstitutional, invalid, or ineffective. Furthermore, if the entire ordinance or application is deemed invalid by a court of competent jurisdiction, any repeal of Chapter 21.37 will be rendered void and cause such Carlsbad Municipal Code provision to remain in full force and effect for all purposes.
(Ord. CS-061 § 5, 2009)
