Ordinance Number 615111
ORDINANCE NO. 615
REZONE 87-06 (RANCHO ALIPAZ MOBILE HOME PARK)
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ENACTING A ZONING AMENDMENT DESIGNATING
RANCHO ALIPAZ 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 Rancho Alipaz Mobile Home Park, located at 32371
Alipaz Street, 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 Rancho
Alipaz 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 Rancho Alipaz Mobile Home Park:
(a) For many years Rancho Alipaz 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 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
volleyball 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) 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 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;
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(f) 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 have a significant impact upon the environment and that
the Negative Declaration is otherwise in conformance to CEQA and state
and local EIR Guidelines;
(g) The City Council finds and determines that the amendment to the
Official Zoning Map is consistent with the 1.5 Medium -High Density
Residential designation of the General Plan.
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.
PASSED, APPROVED, AND ADOPTED this Sth day of January ,
1988.
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ANTHONY BLAND, MAYOR
ATTEST:
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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. 6ir 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, Friess, Buchheim,
and Mayor Bland
NOES: Councilman Hausdorfer
ABSENT: None
(SEAL)
MARY AN ANOV)R, CITY CLERK
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