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HomeMy WebLinkAboutOrd 1981-1941 Revised 5/14/81 ORDINANCE NO. 1941 AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING TITLE 19 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO THE USE OF MOBILE HOMES IN SINGLE FAMILY RESIDENTIAL ZONES WHEREAS, this proposed amendment to the Chula Vista Municipal Code is exempt from environmental review as a Class 3(a) exemption. The City Council of the City of Chula Vista does ordain as follows: SECTION I: That Sections 19.04.296, 19.04.298, 19.20.020, 19.24.024 and 19.58.330 of Title 19 of the Chula Vista Municipal Code be, and the same is hereby amended to read as follows: Sec. 19.04.296 Trailer camp, trailer park or mobile home park. "Trailer camp, trailer park or mobile home park" means any lot or part thereof, or any parcel of land which is used or offered as a location for two or more camp trailers or mobile homes occupied as a residence. Sec. 19.04.298 Trailers. A. "Camping trailer" means a vehicular portable unit, mounted on wheels and constructed with collapsible partial side walls which fold for towing by another vehicle and unfold at a camp site to provide temporary living quarters. B- "Motor home" means a vehicular unit built on or permanently attached to a self-propelled motor vehicle chassis, chassis cab or van, which becon~s an integral part of the completed vehicle, primarily designed to provide temporary living quarters. C. "Camper (slide in)" means a portable unit, consisting of a roof, floor and sides designed to be loaded into and unloaded from the bed of a pickup truck, con- structed to provide temporary living quarters. D. "Cargo trailer" means a vehicle designed to be drawn by a motor vehicle for the purpose of transporting cargo, including a boat or livestock- E. "Travel trailer" means a vehicular portable unit mounted on wheels of such a size or weight as not to require special highway movement permits when drawn by a motorized vehicle and primarily designed and constructed to provide temporary living quarters. F. "Mobile home" means a structure transportable in one or more sections designed and equipped to contain not more than two dwelling units and shall not include a recreational vehicle, commercial coach or factory built housing. G. "Commercial coach" means a vehicle, with or without motive power, designed and equipped for human occupancy for industrial, professional or commercial purposes and shall not include mobile homes. Such coaches shall bear the State Division of Housing's insignia of approval as a commerical coach. Sec. 19.20.020 Permitted Uses. Principal permitted uses in the agricultural zone include: A. Agriculture as defined in Section 19.04.010. (See Section 19.58. 030 for "processing plants. "); B. One single-family dwelling per lot or parcel; C. Public parks. D. Factory built home/mobile home on any lot subject to the provisions of Sections 19.58.145 and 19.58.330. Sec. 19.24. 020 Permitted Uses. Principal permitted uses in the R-1 zone include: A. One single-family dwelling on any lot. B. Factory built home/mobile home on any lot subject to the provisions of Sections 19.58.145 and 19.58.330. Sec. 19.58. 330 Trailers. (See Definitions, Section 19.04.298. ) A. It is unlawful to use a camping trailer, motor home, camper, or travel trailer for living or sleeping purposes except when parked within a licensed recreation vehicle park or mobile home park, as provided elsewhere in this title, or when used on a temporary basis not to exceed a period of seven days by guests or visitors of residents of the city and said vehicle is parked upon the property of the resident. B. It is unlawful to use a trailer, excluding commercial coach units, as a business office in any zone, except that a general contractor and/or property owner or lessee may obtain a temporary permit for the parking Of one or more mobile homes, motor homes, campers or travel trailers for watchmen, supervisory or other special personnel, or for use as a temporary office at or immediately adjoining a major construction site upon commencement of such construction. Any such permit shall be issued only by the Director of Building and Housing of the city after an appli- cation, in writing, is submitted by the general contractor specifying: 1- The number and type of such vehicles; 2. The reasons their presence is necessary at the site at times other than normel work hours; 3. The period for which the permit is sought; 4. The vehicles for which a permit was issued shall be removed from the premises ten days after final ! inspection. Revised 5/14/81 C. Commercial coach units may be utilized for a maximum of twenty-five percent of the total industrial and/or commercial floor area available to a particular use provided that, if visible from a public street or from adjoining properties, the coach units shall be made architecturally compatible with and comple- mentaDy to, the balance of the structures on the same and adjacent sites. D. Commercial coach units may be utilized as temporary building space in conjunction with public or quasi-public uses located in residential zones, and in conjunction with public, quasi-public, and private uses, such as banks, insurance offices, savings and loan institutions, public utility offices, and similar public-service-based uses in commercial and industrial zones, provided that a conditional use permit is procured for each commercial coach so utilized. All conditional use permits granted for the utilization of commercial coaches as temporary building space shall be limited to a period of not more than two years, provided, however, that the permittee may apply to the Planning Commission for an extension of time, which the Commission may grant for a maximum of one additional year. E. A mobile home, certified under the National Mobile Home Construction and Safety Standards Act of 1974 (U.S.C. Section 5401 et seq.), may be placed on a permanent foundation on a private lot in the A and R-1 zones and on lots designated for single family detached dwelling units in the P-C zone, provided that: 1. It may be occupied only as a residential use; 2. All development standards of the underlying zone pertaining to conventional single family development are complied with; and 3. The foundation is in compliance with all applicable building regulations. SECTION II: That a new Section 19.58,145 be added to Title 19 of the Chula Vista Municipal Code to read as follows: Sec. 19.58.145 Factory Built Housing. "Factory built housing" shall mean any housing unit prefabricated or constructed offsite of the building site in modular increments of whatever nature in accordance with the standards establishedby state and local government. In accordance with the provisions of this title, such units, subject to any architectural controls which may be established for particular areas, may be placed on a permanent foundation on a private lot in the A and R-1 zones and on lots designated for single family detached dwelling units in the P-C zone, provided that: 1. It may be occupied only as a residential use; 2. All development standards of the underlying zone pertaining to conventional single family development are complied with; and 3. The foundation is in compliance with all applicable building regulations. SECTION III: This ordinance shall take effect and be in full force and effect on the thirty-first day from and after its adoption. Presented by Approved as to forte by D. J. Pet , rge D. Lindberg, City Attorney Planning FIRST READ at a regular meeting of the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, held May 5 , 198 1 , and finally PASSED AND ADOPTED at a regular meeting thereof held May 12 , 1981 , by the following vote, to-wit: AYES: Councilmen: Gillow, Hyde, McCandliss, Scott NAYES: Councilmen: None ABSENT: Councilmen: Cox I, , City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Ordinance No. 1941 , and that the same has not been amended or repealed. DATED City Clerk RESOLUTION OF THE CITY PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL THE ADOPTION OF AMEND~ENTS TO TITLE 19 OF THE MUNICIPAL CODE RELATING TO THE USE OF MOBILE HOMES IN SINGLE FAMILY RESIDENTIAL ZONES WHEREAS, state legislation enacted in 1980 precludes a city or county from prohibiting the installation of mobile homes in single family residential zones, and WHEREAS, the Planning Commission of the City of Chula Vista set the time and place for a public hearing to consider amendments to the Municipal Code to bring the provisions relating to the use of mobile homes into conformance with state law, and WHEREAS, a hearing was held at said time and place, namely 7:00 p.m., April 8, 1981 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the hearing was thereafter closed, and WHEREAS, the proposed amendment is exempt from environmental review as a Class 3(a) exemption. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. From facts presented to the Planning Commission, the Commission finds that public necessity, convenience, general welfare and good zoning practice require the adoption of amendments to Title 19 of the Municipal Code as listed in Exhibit "A" attached hereto and made a part hereof. 2. The Planning Commission recommends to the City Council that said amend- ments be adopted. 3. That this resolution be transmitted to the City Council. PASSED AND APPROVED BY THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA this 8th day of April, 1981 by the following vote, to-wit: AYES: Commissioners O'Neill, R. Johnson, Williams, Smith, Pressutti, G. Johnson and Stevenson NAYS: None ABSENT: None Chairman ATTEST: z' Secretary EXHIBIT "A" Amendments to Title 19, Chula Vista Municipal Code 1. Amend Section 19.04.296 to read as follows: 19.04.296 Trailer camp, trailer park or mobile home park. "Trailer camp, trailer park or mobile home park" means any lot or part thereof, or any parcel of land which is used or offered as a location for two or more camp trailers or mobile homes occupied as a residence. 2. Amend Section 19.04.298 to read as follows: 19.04.298 Trailers. "Trailers," including camping trailer, motor home, camper, cargo trailer, travel trailer, mobile home and commercial coach, have the following meanings: A. "Camping trailer" means a vehicular portable unit, mounted on wheels and constructed with collapsible partial side walls which fold for towing by another vehicle and unfold at a camp site to provide temporary living quarters. B. "Motor home" means a vehicular unit built on or permanently attached to a self-propelled motor vehicle chassis, chassis cab or van, which becomes ar integral part of the completed vehicle, primarily designed to provide temporary living quarters. C. "Camper (slide in)" means a portable unit, consisting of a roof, floor and sides designed to be loaded onto and unloaded from the bed of a pickup truck, constructed to provide temporary living quarters. D. "Cargo trailer" means a vehicle designed to be drawn by a motor vehicle for the purpose of transporting cargo, including a boat or livestock. E. "Travel trailer" means a vehicular portable unit mounted on wheels of such a size or weight as not to require special highway movement permits when drawn by a motorized vehicle and primarily designed and constructed to provide temporary living quarters. F. "Mobile home" means a structure transportable in one or more sections designed and equipped to contain not more than two dwelling units and shall not include a recreational vehicle, commercial coach or factory built housing. G. "Commercial coach" means a vehicle, with or without motive power, designed and equipped for human occupancy for industrial, professional or commercial pur- poses and shall not include mobile homes. Such coaches shall bear the State Division of Housing's insignia of approval as a commercial coach. 3. Amend Section 19.20.020 by adding a new paragraph to read as follows" D. A mobile home on any lot subject to the provisions of Section 19.58.330. 4. Amend Section 19.24.020 by adding a new paragraph to read as follows: B. A mobile home on any lot subject to the provisions of Section 19.58.330. Exhibit "A" page 2 5. Amend Section 19.58.330 to read as follows: 19.58.330 Trailers, commercial coaches, mobile homes. A. It is unlawful to use a camping trailer, motor home, camper, or travel trailer for living or sleeping purposes except when parked within a licensed recreation vehicle park or mobile home park, as provided else- where in this title, or when used on a temporary basis not to exceed a period of seven days by guests or visitors of residents of the city and said vehicle is parked upon the property of the resident. B. It is unlawful to use a trailer, excluding commercial coach units, as a business office in any zone, except that a general contractor and/or property owner or lessee may obtain a temporary permit for the parking of one or more mobile homes, motor homes, campers or travel trailers for watchmen, super- visory or other special personnel, or for use as a temporary office at or immediately adjoining a major construction site upon commencement of such construction. Any such permit shall be issued only by the Director of Building and Housing of the city after an application, in writing, is submitted by the general contractor specifying: 1. The number and type of such vehicles; 2. The reasons their presence is necessary at the site at times other than normal work hours; 3. The period for which permit is sought; 4. The vehicles for which a permit was issued shall be removed from the premises ten days after final inspection. C. Commercial coach units may be utilized for a maximum of twenty-five percent of the total industrial and/or commercial floor area available to a partic- ular use provided that, if visible from a public street or from adjoining properties, the coach units shall be made architecturally compatible with, and complementary to, the balance of the structures on the same and adjacent sites. D. Commercial coach units may be utilized as temporary building space in con- junction with public or quasi-public uses located in residential zones, and in conjunction with public, quasi-public, and private uses, such as banks, insurance offices, savings and loan institutions, public utility offices, and similar public-service-based uses in commercial and industrial zones, provided that a conditional use permit is procured for each commercial coach so utilized. All conditional use permits granted for the utilization of commercial coaches as temporary building space shall be limited to a period of not more than two years, provided, however, that the permittee may apply to the planning commission for an extension of time, which the commission may grant for a maximum of one additional year. E. A mobile home, certified under the National Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.), may be placed on a permanent foundation on a private lot in the A and R-1 zones and on lots designated for single family detached dwelling units in the P-C zone, provided that: 1. It may be occupied only as a residential use; 2. All development standards of the underlying zone pertaining to conven- tional single family development are complied with; and 3. The foundation is in compliance with all applicable building regulations. Exhibit "A" Proposed Zoning Text Amendment PCA-B1-5 - Mobile homes on single family lots 1. Amend Section 19.04.296 to read as follows: 19.04.296 Trailer camp, trailer park or mobile home park. "Trailer camp, trailer park or mobile home park" means any lot or part thereof, or any parcel of land which is used or offered as a location for one two or more camp trailers or mobile homes occupied as a residence. 2. Amend Section 19.04.298 to read as follows: 19.04.298 Trailers. "Trailers," ~ including camp car camping trailer, motor home, camper, cargo trailer, travel trailer, mobile home and commercial coach~, have the following meanings: ~. "Camp car" means a vehicle with its own motive power, which is designed for human habitation. A. "Camping trailer" means a vehicular portable unit, mounted on wheels and constructed with collapsible partial side walls which fold for towing by another vehicle and unfold at a camp site to provide temporary living quarters. B. "Motor home" means a vehicular unit built on or permanently attached to a self-propelled motor vehicle chassis, chassis cab or van, which becomes an integral part of the completed vehicle, primarily designed to provide temporary living quarters. C. "Camper (slide in)" means a portable dwelling unit, designed to be transported Dn a motor vehicle consisting of a roof, floor and sides designed to be loaded onto and unloaded from the bed of a pickup truck, constructed to provide tem- porary living quarters. D. "Cargo Trailer" means a vehicle designed to be drawn by a motor vehicle for the purpose of transporting cargo, including a boat or livestock. E. "Travel Trailer" means a vehicular portable unit mounted on wheels of such a size or weight as not to ~equire special highway movement permits when drawn by a motorized vehicle and primarily designed and constructed to provide tem- porary living quarters. F. "Mobile home" means a vehicle other than a motor vehicle designed for human habitation. 1. A dependent mobile home is one not equipped with a toilel For S~WdU~ diSpOSal. 2. An indcpcn~mc is one equipped with a toilet for sewage- ~is"osal structure transportable in one or more sections Cesigned and equipped to contain not more than two dwelling units and shall not include a recrea.- tional vehicle, commercial coach or factory built housing. G. "Commercial coach" means a vehicle, with or without motive power, designed and equipped for human occupancy for industrial, professional or commercial purposes and shall not include mobile homes. Such coaches shall bear the State Division of Housing's insignia of approval as a commercial coach. Exhibit "A" ,. page ~2 3. Amend Chapter 19.20 A - Agricultural Zone as follows: Section 19.20.020 Permitted uses. (Revise by adding a new paragraph D to read as follows.) D. A mobile home on any lot subject to the provisions of Section 19.58.330. 4. Amend Chapter 19.24 R-1 - Single Family Residence Zone as follows: Section 19.24.020 Permitted uses. (Revise by adding a new paragraph B to read as follows:) B. A mobile home on any lot subject to the provisions of Section 19.58.330. 5. Amend Section 19.58.330 to read as follows: 19.58.330 Trailers, Commercial Coaches, Mobile Homes. (See Definitions, SecTion i9.0~.298.) A. It is unlawful to use a trailor camping trailer, motor home, camper, or travel trailer for living or sleeping purposes except when parked within a licensed recreation vehicle park or mobile home park, as provided elsewhere in this title, or when used on a temporary basis not to exceed a period of seven days by guests or visitors of residents of the city and said ~r-a-i~vehicle is parked upon the property of the resident. B. It is unlawful to use a trailer, excluding commercial coach units, as a business office in any zone, except that a general contractor and/or property owner or lessee may obtain a temporary permit for the parking of one or more mobile homes or camp cars motor homes, campers or travel trailers for watch- men, supervisory or other special personnel, or for use as a temporary office at or immediately adjoining a major construction site upon commencement of such construction. Any such permit shall be issued only by the Director of Building and Housing of the city after an application, in writing, is submitted by the general contractor specifying: 1. The number of mobile homes and/or camp cars and type of such vehicles; and names of all personnel to occupy same; 2. The reasons their presence is necessary at the site at times other than normal work hours; 3. The period for which permit is sought; 4. Mobile homes The vehicles for which a permit was issued shall be removed from the premises ten days after final inspection. Exhibit !'A", page 3 C. Commercial coach units may be utilized for a maximum'of twenty-five percent of the total industrial and/or commercial floor area available to a particular use provided that: 1. If visible from a public street or from adjoining properties, the coach units shall be made architecturally compatible with, and complimentary to, the balance of the structures on the same and adjacent sites. D. Commercial coach units may be utilized as temporary building space in con- junction with public or quasi-public uses located in residential zones, and in conjunction with public, quasi-public, and private uses, such as banks, insurance offices, savings and loan institutions, public utility offices, and similar public-service-based uses in commercial and industrial zones, provided that a conditional use permit is procured for each commercial coach so utilized. All conditional use permits granted for the utilization of commercial coaches as temporary building space shall be limited to a period of not more than two years, provided, however, that the permittee may apply to the planning commission for an extension of time, which the commission may grant for a maximum of-one additional year. E. A mobile home, certified under the National Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.), may be placed on a permanent foundation on a private lot in the A and R-1 zones and on lots designated for single family detached dwelling ~nits in the P-C zone, provided that: 1. It may be occupied only as a residential use; 2. All development standards of the underlying zone pertaining to conventional single family development are complied with; and 3. The foundation is in compliance with all applicable building regulations. ORDINANCE NO. 1941 AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING TITLE 19 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO THE USE OF MOBILE HOMES IN SINGLE FAMILY RESIDENTIAL ~ONES By a unanimous vote of those present (Councilman Cox was absent) on May 12, 1981, the City Council adopted the ordinance which allows the placement of mobile homes on single family lots. In 1980, the State Legislature passed into a law a bill to become effective on July 1, 1981 which precludes a city or county from prohibiting the installation of mobile homes in single-family residential zones. The law provides that mobile homes constructed since 1974 may be installed on permanent foundations on lots zoned for single-family residences. Specific amendments to the Municipal Code have been made to meet the State mandated provision for ~obile homes on single family zoned lots. Copies of the ordinance are available at the office of the City Clerk, City Hall, 276 Fourth Avenue, Chula Vista.