Carlsbad City Zoning Code
CHAPTER 21
37 RMHP RESIDENTIAL MOBILE HOME PARK ZONE
§ 21.37.010 Intent and purpose.
The intent and purpose of the mobile home park zone is to:
A.
Provide locations where mobile homes and mobile home parks may be established, maintained and protected;
B.
Provide a means to regulate and control the conversion of existing mobile home parks to another use;
C.
Promote and encourage an orderly residential environment with appropriate physical amenities; and
D.
Implement the goals and objectives of the general plan, including all residential land use designations and the housing element, consistent with the coastal resource policies set forth in the certified local coastal program.
(Ord. 9564 § 2, 1980; Ord. NS-718 § 15, 2004; Ord. CS-470, 4/16/2024)
§ 21.37.020 Permitted uses.
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.
Table A Permitted Uses |
|---|
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) |
"CUP" indicates use is permitted with approval of a conditional use permit. (See note 4 below) |
1 = Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this title. |
2 = Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title. |
3 = Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of this title. |
"Acc" indicates use is permitted as an accessory use. |
Use | P | CUP | Acc |
|---|---|---|---|
Aquaculture (defined: Section 21.04.036) | 2 | ||
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) | 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 | ||
Employee housing (serving six or fewer persons) | X | ||
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 | ||
Group homes (serving six or fewer persons and requiring state licensing) (defined: Section 21.04.163) | X | ||
Group homes (state licensing not required) (defined: Section 21.04.163) | X | ||
Group homes (serving seven or more persons and requiring state licensing) (defined: Section 21.04.163) | X | ||
Home occupation (subject to Section 21.10.040) | X | ||
Low Barrier Navigation Center (defined: Section 21.04.264) | 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) | 2 | ||
Residential care facilities serving six or fewer persons (defined: Section 21.04.300) | X | ||
Residential care facilities (serving seven or more persons) (defined: Section 21.04.300) | X | ||
X | |||
Signs, subject to Chapter 21.41 (defined: Section 21.04.305) | X | ||
Supportive housing (defined: Section 21.04.355.1) | X | ||
X | |||
Transitional housing (defined: Section 21.04.362) | X | ||
Wireless communication facilities (subject to Section 21.42.140(B)(165); defined: Section 21.04.379) | 1 / 2 | ||
Zoos (private) (subject to Section 21.42.140(B)(170); defined: Section 21.04.400) | 2 |
Notes: | |
|---|---|
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. |
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. |
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; Ord. CS-432, 9/27/2022; Ord. CS-448, 6/6/2023)
§ 21.37.030 Permit required.
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)
§ 21.37.040 Application and fees.
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)
§ 21.37.050 Decision-making authority.
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)
§ 21.37.060 Announcement of decision and findings of fact.
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)
§ 21.37.070 Effective date.
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)
§ 21.37.075 Expiration, extensions and amendments.
§ 21.37.080 Final mobile home park plan.
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)
§ 21.37.090 Design criteria.
The following design criteria shall apply to all mobile home parks to the extent permitted according to California Health and Safety Code Section 18200, et seq. and Section 18665 et seq., respectively:
A.
The overall plan shall be comprehensive, embracing land, buildings for common use or park service and maintenance, landscaping and their interrelationships, and shall conform to adopted plans for all governmental agencies for the area in which the proposed development is located;
B.
The plan shall provide for adequate circulation, off-street parking, open recreational areas and other pertinent amenities. Buildings, structures and facilities for common use in the park or for service and maintenance of the park shall be well integrated, oriented and related to the topographic and natural landscape features of the site;
C.
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
D.
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; Ord. CS-432, 9/27/2022; Ord. CS-470, 4/16/2024)
§ 21.37.100 Development standards.
A.
A mobile home park shall comply with the following development standards and any applicable standards under state law:
1.
A mobile home park shall be not less than five acres for a condominium or planned unit development park and 15 acres for a rental park;
3.
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 34 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;
4.
The City Council may permit decentralization of the recreational facilities in accordance with principles of good planning;
5.
Common trash-bin enclosures shall be provided. They shall be of masonry construction and compatible with the mobile home park;
6.
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;
7.
Mobile home parks shall be enclosed by solid masonry fences, six feet in height, subject to City Planner approval, along dedicated street frontages; and
8.
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; Ord. CS-432, 9/27/2022)
§ 21.37.110 Removal of mobile home park zone.
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)
§ 21.37.120 Conversion.
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:
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)
§ 21.37.130 Waiver of tentative and final map for mobile home park conversions.
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)
§ 21.37.140 Severability.
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)