Ordinance Number 617ORDINANCE NO. 617 119
REZONE 87-08 (VILLA SAN JUAN MOBILE HOME PARK)
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ENACTING A ZONING AMENDMENT DESIGNATING
VILLA SAN JUAN 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 Villa San Juan Mobile Home Park, located at 33831
Camino Capistrano, 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
Villa San Juan 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 Villa San Juan Mobile Home Park:
(a) For many years Villa San Juan 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.
(b) This park has recreational facilities limited to only a a clubhouse and
pool, whereas the family only park within the City (Rancho Del Avion)
offers the following recreational opportunities: Clubhouse, pool, covered
outdoor activity area (skating rink), and an outdoor recreation area of
volley ball and basketball courts;
(c) 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;
(d) The mobile home units within this park are not equipped with sound
attenuation material;
(e) Due to the location of the park, off-site recreational facilities such as a
City park are not available to correct the present lack of recreational
activities within the mobile home park;
(f) 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 family occupancy due to the close proximity of
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120
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;
(g) The City Council adopts the Negative Declaration upon the finding that
there is no substantial evidence that the amendment to the Official
Zoning Map will not have a significant impact upon the environment and
that the Negative Declaration is otherwise in conformance to CEQA and
State and local EIR Guidelines.
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 (gXl), the City's inherent police power pursuant to California
Constitution Article XI, Section 7, and Municipal Code Section 9-3.408.
passage.
SECTION 5. Effective Date.
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.
1988.
ATTEST:
PASSED, APPROVED, AND ADOPTED this 5th day of January r
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ANTHONNL.BLAND, MAY
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STATE OF CALIFORNIA ) _
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
121
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. 617 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 Sth , 1988, by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
and Mayor Bland
NOES: Councilman Hausdorfer
ABSENT: None
(SEAL)
MARY API HANOV R, CITY CLERK
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