The purpose of this chapter is to specify the allowable uses, requirements, and development standards within the Residential Manufactured Home Park (R-MHP) Zone, as established by the Zoning Map, and, specifically, to accomplish the following:

A.

Permit mobile/manufactured home parks, mobilehome parks, and recreational vehicle parks that conform to the State Mobilehome Parks Act (Division 13, Part 23.1 of the California Health and Safety Code, commencing with Section 18200) or the implementing state guidelines (Title 25, Part 1, Chapter 2 of the California Administrative Code; hereinafter referred to as "Title 25") and Section 18300 of the State Health and Safety Code.

B.

Establish regulations for the establishment, maintenance, and operation of mobile/manufactured home parks and recreational vehicle parks in the City.

C.

Ensure that these parks are developed to appropriate standards and maintained compatible to adjacent property and uses.

D.

Implement the Low Density Residential (LDR) and Low Medium Density Residential (LMDR) land use classification of the General Plan.

The regulations and development standards of this section shall be applicable to all existing and new uses, structures, and activities within the R-MHP Zone.

This chapter is adopted pursuant to Section 18300 of the State Health and Safety Code. Nothing in this chapter shall be construed to legalize any act made illegal by Title 25, the State Mobilehome Parks Act. Applications shall be processed with a Specific Plan, as required by this chapter and pursuant to the regulations of Chapter 20.535 (Specific Plans) of this Zoning Ordinance.

The construction, development, or expansion of a mobile/manufactured home park shall be in compliance with Title 25. All provisions of this chapter are intended to be compliant with Title 25; where inconsistencies between this chapter and Title 25 occur, the provisions of Title 25 shall prevail. For the purpose of this section, a mobile/manufactured home is as defined in Section 18211 of the State Health and Safety Code.

A.

Permit Requirements. Table 20.245-1 identifies the types of land use permits required to establish land uses in the R-MHP Zone, and mobile/manufactured homes on individual lots in other Residential Zones, consistent with this Zoning Ordinance.

Table 20.245-1
Permit Requirement Types and Processes

Note: Any land use authorized through a permit approval process identified in Table 20.245-1 may also require Site Development Plan Review, a Building Permit, and/or other permit(s) required by the Municipal Code. For unlisted and similar uses, see Section 20.205.030.C (Unlisted or Similar Compatible Uses). All uses, including, but not limited to, "P", "DP" and "CUP" must pay applicable Public Facilities Fees and annex into all applicable Community Facilities Districts.

(Ord. No. 2021-1512, § 2(Exh. B), 1-11-2022)

B.

Mobilehome Land Uses. Table 20.245-2 identifies the permitted land uses and required permit types in the Manufactured Home Park Zone. Residential uses meeting the needs of park residents are intended to be the primary permitted use, supplemented by recreation, amenity and services uses complementary to residential living in mobilehome parks.

Table 20.245-2
Manufactured Home Permitted Uses

For permit types, see Table 20.245-1.

C.

Additional Use Regulations. In addition to the regulations, development standards, and provisions of this chapter, all land uses are subject to the specific use standards identified in the "Additional Use Regulations" column of Table 20.245-2; refer to the referenced sections for additional operational standards and regulations applicable to the use.

D.

Prohibited Uses. When a use is not specifically listed, that use is prohibited. However, consistent with Section 20.205.020.C, the Director shall have the authority to determine whether the proposed use shall be permitted or conditionally permitted based on the finding that the proposed use is similar to and no more detrimental than a particular use permitted in the Zone.

E.

Permit Processing. Use permit requirements established by Table 20.245-2 may be waived when land uses are established and processed as part of a Specific Plan. When new uses are established or existing uses modified within an existing park, the permit requirements shall be processed individually.

F.

Restrictions. The land uses regulated in Table 20.245-1 shall be further regulated by Title 25, the "Additional Use Regulations" indicated, and the following provisions:

1.

Limit of one (1) mobile/manufactured home or recreational vehicle per space.

2.

Maximum mobile/manufactured home height shall not exceed two (2) habitable stories.

3.

No mobile/manufactured home shall be used for any commercial purposes.

4.

All accessory structures and land uses (non-mobile/manufactured home structures), including recreation buildings, and other facilities shall be designed for and limited to use by residents of the mobile/manufactured home park and their guests.

A.

Area and Density Standards. Parks filed under this section shall be consistent with the standards of Table 20.245-3. The minimum space size shall be 3,300 square feet, excluding interior access drives.

Table 20.245-3
Permit Requirement Types and Processes

B.

Specific Plan. A Specific Plan is required for all new park development or expansions, and modifications of existing parks. An R-MHP Specific Plan shall be prepared pursuant to Chapter 20.535 (Specific Plans). The developer shall describe and/or illustrate, to the satisfaction of the City Council, all of the following information:

1.

General Criteria. A Park Development Plan shall be provided in accordance with the requirements for a tentative subdivision map; the plan shall include a preliminary grading plan and preliminary soils report.

2.

Site Planning andDesign Criteria:

a.

Site Planning. A mobilehome park shall be designed and developed in a manner compatible with and complementary to existing and potential residential development in the immediate vicinity of the project site. Site planning on the perimeter shall give consideration to protection of the property and its residents from adverse surrounding influences, as well as protection of the surrounding areas from potentially adverse influences within the development. A mobilehome park shall relate harmoniously to the topography of its site, make suitable provision for preservation of water courses, wooded areas, hillsides, and similar natural features and areas, and shall otherwise be so designed as to use such natural features and amenities to best advantage.

b.

Space Width. Each space shall have a minimum width of forty-five (45) feet.

c.

Perimeter Setbacks:

i.

A side yard and rear yard setback of a least fifteen (15) feet from the exterior boundary of the mobilehome park.

ii.

A setback of fifty (50) feet from the center line of any street along the exterior boundary of the mobilehome park, except that when such street has a ROW greater than sixty-six (66) feet, a setback of twenty (20) feet shall be maintained from the nearest edge of the street ROW.

d.

Interior Setbacks:

i.

Front yard: Minimum three (3) feet extending across the entire width of the space.

ii.

Side yard: Minimum three (3) feet along the entire length of the space.

iii.

Rear yard: Minimum three (3) feet across the entire width of the space.

These yards shall not be encroached upon except by a fence.

e.

Sewer and Water. Each mobile/manufactured home lot in a mobilehome park shall be provided with water and sewer connections in accordance with Title 25 and the California Plumbing Code. Water shall be provided by a water supplier having a valid permit from the California Department of Health Services. Public sewers shall be provided by a public agency that obtained discharge requirements approved by the appropriate California Water Quality Control Board. Individual sewage disposal systems shall be approved by the Department of Health Services.

f.

Fire Protection. On- and off-site fire hydrants and other fire protection facilities shall be installed as specified in the Permit and shall be of a type approved by the San Marcos Fire Protection District.

g.

Night Lighting. Artificial light shall be provided and maintained for walks, driveways, parking areas, and other facilities as specified in Title 25 to ensure safe and convenient nighttime use.

h.

Signs. At the main entrance, one (1) sign shall display the park name, located a minimum of twenty-five (25) feet from the property line, with a maximum sign area of thirty-two (32) square feet and a maximum height of fifteen (15) feet. The sign shall be internally or externally illuminated.

i.

Access. New mobile/manufactured home parks shall have direct vehicular access from a public ROW; this requirement does not apply to park expansions. All mobile/manufactured home lots and recreation facilities shall have access only from an interior access drive. Paved surfaces shall be maintained in compliance with Municipal Code Section 17.26.030(202).

j.

Parking. Sufficient off-street parking and loading shall be provided for each use as prescribed in Chapter 20.340 (Off-Street Parking and Loading), plus one (1) guest parking space for each four (4) mobile/manufactured home spaces.

k.

Fencing and Landscaping. Each mobilehome park shall be entirely enclosed at its boundaries along a public ROW by a solid masonry wall that shall conform to the setback requirements for the Zone applicable to the adjacent property.

l.

Recreation Facilities. Permanent recreational facilities with a gross floor area equal to a factor of forty (40) square feet times the number of mobilehome spaces in the park shall be provided. Additional usable active recreation areas totaling two hundred (200) square feet per mobilehome space shall also be provided in the park.

C.

Sanitary Facilities for Recreational Vehicle Parks. Sanitary facilities for a recreational vehicle park shall be in accordance with the regulations of Title 25 and the California Plumbing Code, and subject to the following:

1.

The availability of a potable water supply from a public utility or a distributor holding a valid permit from the state. Water supplies from other sources shall be approved by the San Diego County Department of Health.

2.

Sewer connections to recreational vehicle spaces in accordance with the requirements of Chapter 5, Title 25, and as approved by the San Diego County Department of Health.

3.

A trailer sanitation station shall be provided.

4.

Toilets, showers, and associated facilities for the exclusive use of the occupants of the recreational park shall be provided.

5.

Laundry facilities shall be provided.

6.

All plumbing provided shall be designed to accommodate all recreational vehicles and shall not be restricted to California-approved vehicles only.

D.

Exterior Maintenance. The developer shall enter into an agreement with the City regarding the maintenance of the exterior of the property, including landscape areas (both improved and natural) and fencing. The agreement shall be approved by the City Attorney with respect to form and content, and shall, at a minimum, contain the following provisions:

1.

The owner/developer shall agree, for current use and for successors, to maintain the landscaping in an attractive, living, and weed free condition, and that all accessory structures shall be in a painted or otherwise attractive condition.

2.

The City shall have the right, but not the obligation, to maintain the landscaping and external fencing in an attractive condition upon failure of the owner/developer or successors to do the same. The City shall be allowed to commence such repair and maintenance only after sixty (60)-day written notice is provided to the owner/developer or successors.

3.

The owner/developer agrees, for current use and for successors, to reimburse and compensate the City for the expense in repairing and maintaining the landscape and external fencing.

E.

Existing Parks. Parks in existence at the time of annexation to the City may also be rezoned to the R-MHP Zone. Parks that are rezoned pursuant to the subsection shall not be required to comply with the provision of this chapter unless the park is expanded. Existing parks seeking to expand shall be exempt from the provision of Section 20.245.040.A (Area and Density Standards).

Mobile/Manufactured homes and mobilehome subdivisions shall be permitted to be placed on individual lots outside of the R-MHP Zone where the mobile/manufactured home conforms with all the development standards of the applicable Zone and all the following standards. This section addresses the need to increase the supply and variety of housing types available to the public.

A.

Effect on Conversion. A mobile/manufactured home that has been placed on a foundation system pursuant to this Zoning Ordinance shall be deemed to be a mobile/manufactured home and subject to local property taxation pursuant to Section 18551 of the Health and Safety Code and Section 109.7 of the Revenue and Taxation Code.

B.

Eligibility. A mobile/manufactured home shall not be located on a permanent foundation on a private lot unless it meets both of the following:

1.

Was constructed after September 15, 1971, and was issued an insignia of approval by the California Department of Housing and Community Development, or was constructed after July 1, 1976, and was issued an insignia of approval by the U.S. Department of Housing and Urban Development; and

2.

Has not been altered in violation of applicable codes.

C.

Criteria. Mobilehomes located on a foundation system on a private lot shall meet the following requirements:

1.

Be occupied only as a residential use type.

2.

Be subject to all provisions of this Zoning Ordinance applicable to residential structures.

3.

Meet all requirements for the applicable Zone.

4.

Be attached to a foundation system in compliance with all applicable building regulations and Section 18551 of the Health and Safety Code.

D.

Surrender of Registration. Subsequent to applying for the required building permits, and prior to occupancy, the owner shall request a certification from the Building Division that a certificate of occupancy be issued pursuant to Section 18551(b)(2) of the California Health and Safety Code. Thereafter, any vehicle license plate, certificate of ownership, and certificate of registration issued by a state agency is to be surrendered to the appropriate state agencies. Any mobile/manufactured home that is permanently attached with underpinning or foundation to the ground must bear a California insignia or federal label, pursuant to Section 18550(b) of the Health and Safety Code.

E.

Building Permit. Prior to installation of a mobile/manufactured home on a permanent foundation system, the mobile/manufactured home owner or a licensed contractor shall obtain a building permit from the Building Division. To obtain such a permit, the owner or contractor shall comply with all requirements of Section 18551(a) of the State Health and Safety Code.

F.

Required Landscaping. Landscaping shall be required for all R-MHP Zones and all mobile/manufactured homes on individual lots in other Residential Zones consistent with the standards of Chapter 20.330 (Water Efficient Landscape Standards).