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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-