Ordinance Number 428ORDINANCE NO. 428
AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE -
SPECIAL MHP (MOBILEHOME PARK) SUFFIXES
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ADDING PARAGRAPHS (h) THROUGH (n) TO
SECTION 9-3.408 OF THE MUNICIPAL CODE, ESTABLISHING
PROVISIONS FOR USE OF SPECIAL SUFFIXES WITH THE
MHP (MOBILEHOMS PARK) ZONING DESIGNATIONS (URGENCY)
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings.
The City Council finds that:
The City's Environmental Review Board has reviewed
the Amendment as set forth herein, has determined
that the Amendment will not have a significant
impact on the environment, has accordingly issued
a negative declaration, and has otherwise carried
out all requirements of the California Environmental
Quality Act as amended.
This Code Amendment will serve to increase the
clarity and explicitness of the classifications of
the different types and ownership arrangements of
mobilehome parks permitted within the City.
SECTION 2. Amendment Text.
A. Introduction
Based on the findings set forth in Section 1,
preceding, the following amendment to the Municipal
Code is hereby enacted:
Amendment
Paragraphs (h) through (n) are hereby added to
Section 9-3.408 of the Municipal Code, to read as
follows:
"(h) Use of Special Suffixes - In order to provide
for greater precision in the classification
and control of the different potential types
of mobilehome parks in the MHP District and
to assist in the implementation of the General
Plan, certain additional use and development
provisions may be specified by the addition of
special suffixes to the MHP zoning designation.
Said special suffixes established hereinafter
within this Section are in accordance with
the California Government Code and Section
18300 of the California Health and Safety Code.
"(i) Adult Mobilehome Parks - Use of the suffix 'A'
(i.e. MHP -A) shall mean that only persons 18
years of age or older may live within mobilehome
parks so designated on the Official Zoning
Map.
"(j) Family Mobilehome Parks - Use of the suffix 'F'
(i.e. MHP -F) shall mean that no person shall
be excluded from living within mobilehome
parks so designated on the Official Zoning
Map by reason of that person's age.
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"(k) Mobilehome Park Subdivisions - Use of the
suffix 'S' (i.e. MHP -S) shall mean that
individual lots may be created for each
mobilehome within a mobilehome park so
designated on the Official Zoning Map; said
lot(s) to be created in accordance with Title
9 of this Municipal Code, with development
standards in accordance with this Section
9-3.908. No such individual lots shall be
created within a mobilehome park without the
special 'MHP -S' zoning map designation.
11(1) Mobilehome Condominiums - Use of the suffix 'C'
(i.e. MHP -C) shall mean that mobilehome parks
so designated on the Official Zoning Map
shall provide for the creation and maintenance
of undivided interests, held in common, in a
portion of the overall park, together with
separate interests in individual mobilehome
units and/or mobilehome pads within the park.
No such condominium ownership, as set forth
preceding, shall be created within a mobilehome
park without the special 'MHP -C' zoning map
designation.
"(m) Use of Suffixes in Combination - The special
suffixes set forth hereinabove may be used in
combination with each other, with the special
development standard symbols set forth in
Section 9-3.302, and with the Environmental
Management District designations set forth in
Article 9-3.5. ,
"Example:
"50-MHP-S(HM) (5,000)-6
25
"The minimum required street frontage is 50
feet; the base district is MHP -S (Mobilehome
Park, lot subdivision permitted). The
Environmental Management District is HM
(Hillside Management); the minimum required
lot area is 5,000 square feet; the maximum
permitted density is 6 dwelling units per
acre; and the maximum building height is 25
feet.
"(n) Imposition of Special Suffixes - Special MHP
suffixes shall be added or deleted only by
means of the amendment (rezone) process as
set forth in Section 9-2.301. If no suffix
has been added to a mobilehome park's MHP
designation, the additional provisions set
forth in Paragraphs (h) through (m) preceding,
shall not apply to said mobilehome park."
SECTION 3. Effective Date.
This is an interim Ordinance adopted as an emergency
measure pursuant to Section 65858 of the Government Code. The
nature of the emergency is as follows: When the mobilehome park
currently known as the Rancho del Avion Mobilehome Park was
created, the developers represented that it would be a "family
park;" the park has indeed been occupied as a "family park" since
inception. Recently, however, the residents have been notified
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by the park owner that on or about November 30, 1981, certain
rule changes will be adopted to cause the park to be changed to
an "Adult Park." Mobilehome parks in the City of San Juan
Capistrano have represented a source of affordable housing,
particularly for those residents with young children; the public
health, safety and welfare, therefore, requires that the status
quo in Rancho del Avion Mobilehome Park be maintained pending a
study by the Department of Community Planning and Development and
the processing of appropriate land use regulations. This Ordinance,
unless extended pursuant to Section 65858, shall be of no force
and effect four months from its adoption.
SECTION 4. Clerk's Certification.
The City Clerk shall certify to the adoption of this
Ordinance and cause same to be posted in the duly designated
posting places within the City of San Juan Capistrano within 15
days after its passage.
PASSED, APPROVED AND ADOPTED this 21st day of
1981 , by the following vote, to wit:
AYES: Councilmen Friess, Buchheim, Bland,
Hausdorfer and Mayor Schwartze
NOES: None
ABSENT: None
PHILLIPXR. SCHWARTZE, MAYO
ATTEST:
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. 428 , adopted by the
City Council of the City of San Juan Capistrano, California, at a
regular meeting thereof held on the 21st day of July
1981
(SEAL)
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MARY ANN 70VER, CITY CLERK
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