Ordinance Number 616ORDINANCE NO. 616 1 I
REZONE 87-07 (CAPISTRANO TERRACE MOBILE HOME PARK)
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ENACTING A ZONING AMENDMENT DESIGNATING
CAPISTRANO TERRACE MOBILE HOME PARK AS AN ADULT
MOBILE HOME PARK (MHP -A)
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Zoning Amendment.
The zoning designation for Capistrano Terrace Mobile Home Park, located at
32802 Valle Road, is hereby changed from Mobile Home Park to Adult Mobile Home Park
(MHP -A) pursuant to Municipal Code Section 9-3.408(j). The MHP -A designation under
Section 9-3.408(j) shall mean that only persons 18 years and older may live within
Capistrano Terrace Mobile Home Park. Accordingly, the official zoning map of the City
is amended to reflect this MHP -A designation for this mobile home park.
SECTION 2. Legislative Findings.
The City Council hereby makes the following legislative findings in support of
the zoning amendment (MHP -A) for Capistrano Terrace Mobile Home Park:
(a) Capistrano Terrace Mobile Home Park was built prior to City
incorporation in 1961. The park was originally designed and constructed
for small recreational vehicles. Over a period of years, the park owner
and park users found it necessary to apply for variances to encroach upon
minimum side and rear yard requirements of the zoning code in order to
accommodate larger, more modern home units. A pattern of variance
requests developed, making it clear that the park simply could not
accommodate larger units because it was not designed for today's modern
prefabricated units. Consequently, in 1981 the City adopted a specific
plan for this park (Specific Plan 81-2 - Resolution No. 81-8-18-2) which
had the effect of restricting most mobile home spaces to units 14 feet
wide or less. In contrast, most mobile home units in the other mobile
home parks in the City are at least 20 feet wide;
(b) Most of the mobile home spaces in this park are substantially smaller
than spaces in other parks. The average space in this park is 2300 square
feet which represents one-third (1/3) less living space than the average
space in other mobile home parks in the City;
(c) For many years Capistrano Terrace Mobile Home Park has been
restricted to adults only. The park has provided a significant housing
resource to the community, namely inexpensive leasehold space to adults
and especially senior citizens. Until 1987, the ownership of Capistrano
Terrace has consistently maintained an adults only rule within this
mobile home park;
(d) The average side yard distance between units within this park is ten feet;
the average rear yard is three feet; the average rear yard for accessory
structures is two feet, and a zero front yard requirement. In contrast,
-1-
116
the "family only" zoned parkwithinthe City (Rancho Del Avion"as-an
average minimum side yard of 22 feet, three-foot side yard for accessory
structures and a minimum five-foot front yard requirement;
(e) This park has recreational facilities limited to only a clubhouse, pool, and
small children's play area, whereas the family only park within the City
(Rancho Del Avion) offers the following recreational opportunities to
multiple ages of children: Clubhouse, pool, covered outdoor activity area
(skating rink), and an outdoor recreation area of volleyball and basketball
courts. In contrast, the addition of the small tot area does not satisfy
the recreational needs of children older than 2 through 6.
(f) As of 1987, mobile home spaces within the community comprise 11.4% of
the total housing stock. There are approximately 7,320 single family and
multi -family units, 500 apartments and 1,010 mobile home spaces. The
City Council finds and determines that the City offers a substantial
number of other housing opportunities for families with children;
(g) The mobile home units within this park are not equipped with sound
attenuation material;
(h) The City Council adopts the Negative Declaration upon the finding that
there is no substantial evidence that the zoning amendment to the
Official Zoning Map will have a significant impact upon the environment
and that the Negative Declaration is otherwise in conformance to CEQA
and State and local EIR Guidelines;
(i) The City Council finds and determines that the amendment to the
Official Zoning Map is consistent with the 1.4 Medium -Density
Residential designation of the General Plan;
(j) The City Council finds and determines that this park is ill suited to a
conversion to a family park in that: (1) the side yard, rear yard, and
front distances are so small that they will not accommodate the
recreational needs of children; (2) the park does not contain alternative
recreational opportunities for children; (3) the park is not designed to
accommodate a general occupancy due to the close proximity of the
existing units to each other and lack of adequate measures to mitigate
noise encroachment from areas external to a unit's space; (4) the park is
not physically suited to address the safety hazards arising from
circulation of traffic within the park.
SECTION 3. Non -Conforming Uses.
Any mobile home space presently rented or leased to a tenant having children
shall be considered to be a non -conforming use and shall be regulated as a continuing
non -conforming use pursuant to Municipal Code Section 9-1.302 and Section 9-1.305.
SECTION 4. Legal Authority.
This zoning amendment is enacted under the authority of Health and Safety
Code Section 18300 (g)(1), the City's inherent police power pursuant to California
Constitution Article XI, Section 7, and Municipal Code Section 9-3.408.
-2-
passage.
SECTION 5.
Effective Date.
11"7
This Ordinance shall take effect and be in force thirty (30) days after its
SECTION 6. City Clerk's Certification.
The City Clerk shall certify to the adoption of this Ordinance and cause the
same to be published once as required by law and posted at the duly designated posting
places within the City of San Juan Capistrano within fifteen (15) days after its passage.
PASSED, APPROVED, AND ADOPTED this 5th day of January ,
1988.
• j: • MAYOR
ATTEST:
ITY CLER
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Ordinance No. 616 which was introduced at a meeting of the City Council of the City
of San Juan Capistrano, California, held on December 15 , 1987 , and adopted
at a meeting held on January 5 , 1988, by the following vote:
AYES: Councilmen Schwartze, Buchheim, and Mayor Bland
NOES: Councilman Hausdorfer
ABSENT: None
ABSTAIN: Councilman Friess
(SEAL)
MARY ANb i1riAN VE , CITY CLERK
-3-