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HomeMy WebLinkAboutZOA 07-81 MOBILE HOMES 1981 CITY OF PALM DESERT STAFF REPORT TO: Planning Commission FROM: Department of Environmental Services SUBJECT: Mobile Homes: Zoning and Implementation of S.B. 1960 DATE: April 15, 1981 Recently Governor Brown signed S.B. 1960 which deals with mobile home zoning and which must be implemented by July 1, 1981. Essentially, S.B. 1960 precludes cities from prohibiting mobile homes on permanent foundation in areas zoned for single family dwellings. Alternatively, a city may designate lots zoned for single family dwellings for mobile homes when the lots are determined to be compatible for said mobile home use. The legislation does not indicate to what extent a city must provide for use of a mobile home or what proportion of the housing stock mobile homes should be. Mobile homes are a significant proportion of the housing within Palm Desert's Planning area. The attached chart, which was prepared last September for Commission consi- deration, indicates the housing stock mix as it currently exists and the housing stock mix at full development. At full development mobile homes will be over 17% of the total housing stock. This proportion is based on current trends being con- tinued and if the mobile home developments being proposed by the north sphere landowners seeking annexation to the city are apparoved. Mobile homes are currently permitted in RM zones by conditional use permit. As described below, there are three viable alternatives in implementing S.B. 1960. 1) Permit mobile homes in all single family zones. Under this option mobile homes will be permitted in all zones which permits conventional single family homes. Mobile homes placed in said zones could be subject to the same minimum develop- ment standards to which a conventional single family residential dwelling on the same lot would be subject, including, but not limited to, building setbacks, architectural and aesthetic requirements and minimum square footage requirements. Mobile homes would be an additional permitted use within the zones under this option. 2) Designate specific sites in single family zones for mobile homes. The City, under this option, would designate certain lots currently zoned for single family dwelling units for mobile home units, as well . Like the first option these units will be subject to the development standards of the zoning district. To implement this option a survey of vacant single family lots would need to be completed with criteria developed to determine which lots will be allowed to be developed with mobile homes. Under this option permitted uses would be expanded on specific lots to include mobile homes. .,.s Redesignate areas c urrently zoned for single family to mobile homes. Under this option currently zoned single family areas would be rezoned to mobile home subdivision. According to the Department of Housing and Community Develop- ment such zoning will meet the requirements of the new statute only if conven- tional single family structures are also allowed in such zones. The 'legisla- tive Counsel also believes that the establishment of a residential mobile home subdivision district on land previously zoned for single family dwellings meet the designation requirement of the legislation. To implement this option all existing and future RM zones should be rezoned to R-1-M (Single Family Con- ventional/Mobile Home Residential District) . STAFF RECOMMENDATION: Staff-recommends` that the Commission adopt option three and instruct staff for r commence the public hearing process to amend various sections of the zoning -ordinance. t - - STAFF REPORT To: Planning Commission Report on: Zoning Ordinance Amendment and Change of Zone regarding integration of Mobile Homes and Single Family dwelling units. Applicant: City of Palm Desert Case Nos: ZOA 07-81 and C/Z 04-81 Date: May 20, 1981 I. REQUEST: Consideration of an amendment to the Palm Desert Zoning Ordinance, amending Chapter 25.04 and Chapter 25.22, pertaining to the integration of Single Family dwelling units and Mobile Homes. II. BACKGROUND: A. ENVIRONMENTAL ASSESSMENT: The Director of Environmental Services has determined that the proposed project is a Class V Categorical exemption and no further environmental documentation is deemed necessary. B. CASE INITIATION: The Planning Commission at the meeting of April 15, 1981 , initiated this amendment establishing this date for Public Heari.ig. III. DISCUSSION: f. This Ordinance Amendment and Change of Zone are proposed to implement S.B. 1960, which essentially precludes cities from prohibiting Mobile Homes on permanent foundations in areas zoned for single family units. Three options to implement S.B. 1960 were identified and discussed on April 15, 1981 . The-,Commission chose option three, which integrates -currently-zoned RM (Mobile Home Residential Zones) districts with the 'R=1- (Single Family) .zones._ The new zone will be designated R-1 -M (Single Family/Mobile Home Residential District). Staff feels that the text amendments and Change of Zone will implement the intent of S.B. 1960. IV. STAFF RECOMMENDATION: Staff would recommend that the Planning Commission adopt Resolution No. "A Resolution of the Planning Commission of the City of Palm Desert, California, amending various sections of Chapter 25.04 (definitions) and Chapter 25.22 (RM - Mobile Home Park and Mobile Home Sub- division Residential District) of the Municipal Code and rezoning all RM zones to R-1-M (Single Family/ Mobile Home Residential District)". I CITY OF PALM DESERT TRANSMITTAL LETTER I. TO: Honorable Mayor and City Council II. REQUEST: Consideration of amendments to the Palm Desert Zoning Ordinance, amending Chapter 25.04 (Definition) and Chapter 25.22 (Mobile Homes) and rezoning areas current- ly zoned RM (Mobile Home Residential District) or RM (U.A.-upon annexation) to R-1-M (Single Family/Mobile Home Residential District) . III. APPLICANT: City of Palm Desert IV. CASE NOS: ZOA 07-81 and C/Z 04-81 V. DATE: June 11 , 1981 VI. CONTENTS: A. Staff Recommendation. B. Discussion. C. Draft Ordinance No. D. Planning Commission Minutes involving Case Nos. ZOA 07-81 and C/Z 04-81 . E. Planning Commission Resolution No. 712. F. Planning Commission Staff Reports dated May 20, 1981 and April 15, 1981 . G. Related exhibits. ---------------------------------------------------------------------------------- A. STAFF RECO141ENDATION: Waive further reading and pass to second reading. B. DISCUSSION: These proposed Amendments and Zone Changes were reviewed and unanimously recommended for approval by the Planning Commission (5-0) at the meeting of May 20, 1981 . The Amendments and Zone Changes are to implement S.B. 1960. The Legislation in question precludes Cities from prohibiting manufactured (mobile) homes from lots zoned for single family dwelling units. The Legislation provided Cities with the option of either designating every R-1 lot for mobile home use, designating certain R-1 lots for mobile home use or redesignating areas currently zoned for R-1 to a combination Single Family/Mobile Home use. The Commission chose the third option. In addition, the Commission elected to amend the Municipal Code to allow conventionally built single family dwelling units on lots currently zoned for mobile home use only. This Zone Change will have little, if any, effect on exising mobile home parks or developed mobile home subdivisions. The new zoning designation will be R-1-M (Conventional Single Family/Mobile Home Residential District) and will cover all areas currently zoned R-M in Palm Desert and those areas currently zoned R-1 12,000 in Riverside County but, which have received preannexation zoning of RM. The Zoning Ordinance text amendments do the following: 1 . Redefine Mobile Home to coincide with the State definition; and 2. Change the wording of Chapter 25.22 (RM-Mobile Home Park and Mobile Home Subdivision Residential District) to reflect the integration of conventional single family dwelling units and mobile homes. 1 TRANSMITTAL LETTER PAGE TWO - CASE NOS: ZOA 07-81 and C/Z 04-81 JUNE 11 , 1981 B. DISCUSSION (CONTINUED) Commissioner Kryder- was-concerned that these amendments—would :not, implement the intent of S.B. 1960. Staff and Comnissioner :Berkey in- r dicated that.the Department -of Housing and Community Development and, the Legislative..Counsel believe such .zoning as proposed, would meet r S.B. 1960 requirements .if conventional single family units are tpermitted in. the .zones.4:In-addition, a representative from Western Manufactured Housing Institute stated that the proposed method does implement S.B. 1960, although the method is not exactly what they .had : ,in mind when pushing the legislation. ORDINANCE NO. 263 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AMENDMENTS TO CHAPTER 25.04 (DEFINITIONS) CHAPTER 25.22 (RM- MOBILE HOME PARK AND MOBILE HOME SUBDIVISION RESI- DENTIAL DISTRICT) OF THE ZONING ORDINANCE AND RE- ZONING ALL RM AND RM (U.A.-UPON ANNEXATION) ZONES TO R-1-M (CONVENTIONAL SINGLE FAMILY/MOBILE HOME RESIDENTIAL DISTRICT) . CASE NOS�$'I and C/Z 04-81 . ' WHEREAS, the City Council of the City of Palm Desert, California did on- the llth day of June, 1981 , hold a duly noticed Public Hearing to consider various amendments to the Zoning Ordinance pertaining to Mobile Homes and to consider the rezoning of all R.M. and R.M. (U.A. ) districts to R-1-M; and, WHEREAS, the Planning Commission, by Resolution No. 712 has recom- mended approval ; and, WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89" , in that the Director of Environmental Services has determined that the project is a Class V Categorical Exemption and no further environmental documentation is necessary; and, WHEREAS, at said Public Hearing, upon hearing and considering the testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts to justify their recom- mendations as described below: 1 . Zoning Ordinance Amendment: a. That the Zoning Ordinance Amendment is consistent 1 with the objectives of the Zoning Ordinance. J b. That the Zoning Ordinance Amendment is consistent with the adopted General Plan and effected Specific Plans. c. That the Zoning Ordinance Amendment would better serve the public health, safety and general wel- fare than the current regulations. d. That the Zoning Ordinance Amendment implements California State Senate Bill 1960. 2. Change of Zone: a. The land use resulting from the Change of Zone would be compatible with adjacent existing and proposed land uses. b. The density resulting from the Change of Zone, would be compatible with densities permitted in the adjacent areas. c. The proposed Change of Zone would be consistent with the adopted General Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, as follows: 1 . That the above recitations are true and correct and constitute the findings of the Council in these cases; 2. That it does hereby approve a Zoning Ordinance Text Amendment, as provided in the attached Exhibit, labeled Exhibit "A" , to amend Municipal Code Section 25.04.545 and Chapter 25.22. 3. That it does hereby approve a Change of Zone from RM L ORDINANCE NO. 263 PAGE TWO 3. (Continued) (Mobile Home Park and Mobile Home Subdivision Resi- dential District) and RM (U.A.-Upon Annexation) to R-1-M (Single Family/Mobile Home Residential District) as shown on the attached map labeled Exhibit "B". 4. The City Clerk is directed to publish this Ordinance once in the Palm Desert Post, a newspaper of general circulation, published and circulated in the City of Palm Desert, and shall certify to the passage of adoption of this Ordinance, and the same shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council , held on this June day of 25th 1981 , by the following vote, to wit: AYES: McPherson, Newbrander, Puluqi , Snyder & Wilson NOES: None ABSENT: None - - - - ABSTAIIJ: None ' S. Y WILSON, Mayor ATTEST: �SHEILA R. GILLI A , City Cler City of Palm Desert, Califo 'a /pa CITY COUNCIL ORDINANCE N� 263 `Z PAGE THREE EXHIBIT A ZONING ORDINANCE TEXT AMENDMENTS Section 1 : That Section 25.04.545 of the Municipal Code of the City of Palm Desert, California, is hereby amended to read as follows: "25.04.545 Mobile Home: "Mobile Home" means a structure designed and equipped for human habitation, and for being drawn by a motor vehicle, to be used with or with- out a foundation system. Mobile Home does not include a recreational vehicle, com- mercial coach or factory built housing" . Section 2: That Chapter 25.22 of the Municipal Code of the City of Palm Desert, California is hereby amended to read as follows: Chapter 25. 22 R-1-M SINGLE FAMILY/MOBILE HOME RESIDENTIAL DISTRICT Sections: 25.22.010 Purpose. 25.22.020 Permitted uses. 25.22.030 Conditional uses. 25.22.040 Minimum area. 25.22.050 Area of lot. 25.22.060 Density. 25.22.070 Intensity of use. 25.22.080 Minimum project lot width. 25.22.090 Minimum project front yard. 25.22. 100 Minimum project rear yard. 25.22.110 Minimum project side yard. l 25.22. 120 Minimum project side street yard. ` 25.22. 130 Setback on individual space or lot. J 25. 22. 140 Building height. 25.22. 150 Off-street parking and loading requirements. 25.22.160 Utilities. 25-22. 170 Trash handling. 25.22. 180 Signs. 25.22. 190 Site plan review. 25.22.200 Private streets. 25.22.210 Guest parking. 25.22.220 Street lighting. 25.22.230 Accessory buildings. 25.22.240 Community use area. 25.22.250 Exterior boundaries abutting a public street. 25.22.260 Exterior boundaries not abutting a public street. 25.22.270 Access. 25.22.280 Trailer and boat storage. 25.22.290 Recessing. "25.22. 10 Purpose: The R-1-M district provides for the permanent placement and occupancy of single family dwelling units , factory built dwelling units or mobile homes for residential purposes on purchased, rented or leased lots. It is further the intent of this district to stabilize and protect the residential character of the area and to promote a better living environment through high quality property ldevelopment standards". J 25.22.020 Permitted uses. The following uses shall be permitted: none. (Ord. 94 §1 (part) , 1975: Exhibit A 25. 13-2) . 25.22.030 Conditional uses. The following uses shall be permitted subject to a conditional use permit: A. Day nurseries and nursery schools; B. Educational institutions ; C. Mobile homes; D. Private and public accessory buildings and uses, including home occupations , storage areas, and other similar accessory uses on individual lots, such as domestic animals; E. Public parks and recreational facilities; and F. Public utility and public service facilities. CITY COUNCIL ORDINANCE NJ?263 J PAGE FOUR ` EXHIBIT A (CONTINUED) - G. Single family dwe ling unit or factory built housing. (Ord. 94 §1 (part) , 1975: Exhibit A 325. 13-3) . 25.22.040 Minimum area. The minimum area for a project shall be twenty acres. rd. 99 §1 (part) , 1975: Exhibit A §25. 13-4.01 ) . 25.22.050 Area of lot. The minimum area for a space or lot shall be five thousand square feet. Ord. 94 §1 (part) , 1975: Exhibit A §25. 13-4.03) . 25.22.060,7 ensit The density of a ggroject shall be seven units per net acre. Ord. 94 part), 1975: Exhibit A 925.13-4.03) . 25.22.070 Intensity of use. There shall be not more than one mobile home or dwelling unit per lot or space. (Ord. 94 §1 (part) 1975: Exhibit A §25.13-4.04) . 25. 22.080 Minimum rojec lot width. The minimum project lot width shall be five hundred feet. Ord. 94 1 part 1975: Exhibit A §25.13-4.05) . 25.22.020 Minimum roject front ard. The minimum front yard shall be twenty feet. Ord. 94 1 part 1975: Exhibit A 525. 13-4.06) . 25.22. 100 Minimum roject rear ard. The minimum rear yard shall be ten feet. Ord. 94 1 part 1975: Exhibit A §25. 13-4.07) . _ -- 25. 22.110 Minimum project side yard. The minimum side yard shall be ten feet. Ord. 94 §1 part , 1975: Exhibit A §25.13-4.08) . 25-22. 120 Minimum roject side street yard. The minimum side street yard shall be twenty feet. Ord. 94 25.13-4.0§ . 25.22. 130 Setback on individual space or lot. The minimum yard setback on an individual space or lot shall be five feet or as approved (Ord. 94 Sl (part) , 1975: Exhibit A §25. 13-4. 10). 25.22. 140 Building height. The maximum building height shall be one story or eighteen feet whichever is less. (Ord. 94 §1 (part) , 1975: Exhibit A 525.13-4. 11 ). 25. 22. 150 Off-street parking and loading requirements. All parking and loading shall comply with the provisions of Chapter 25.58. Ord. 94 91 (part), 1975: Exhibit A §25. 13-4. 12) . 25.22. 160 Utilities. For provisions regarding utilities, see §25. 56.090. (Ord. 94 91 (part) , 1975: Exhibit A §25. 13-4. 13). 25.22. 170 Trash handling. A trash enclosure will be provided for all uses, unless the proposed location of the trash area is completely enclosed by walls or buildings. The freestanding trash enclosure shall be constructed of masonry block. No trash shall be allowed to extend above or beyond the enclosure. (Ord. 94 S1 (part), 1975: Exhibit A §25. 13-4. 14). 25. 22. 180 Si ns. All signs shall be in compliance with Chapter 25.68. (Ord. 94 part 975: Exhibit A §25. 13-4.15). 25.22. 190 Site plan review. All uses shall be subject to site plan review as prescribed in Chpater 25.70. (Ord. 94 §1 (part) , 1975: Exhibit A §25.13-4.16). 25.22.200 Private streets. A minimum width of private streets shall be thirty feet as measured from back of curb to back of curb. The streets shall have curbs and be paved with asphaltic concrete or equivalent material . (Ord. 94 §1 (part), 1975: Exhibit A §25. 13-5.01 ). 25.22.210 Guest parking. Guest automobile parking areas shall be provided at a minimum ratio of one parking space for each ten lots. (Ord. 94 §1 (part), 1975: Exhibit A 525. 13-5.02). l __ ,. PAGE FIVE CITY COUNCIL ORDINANCE N0. 263 EXHIBIT A (CONTINUED) 25 22 220 Street lighting. Street lighting shall be provided along the orivate streets for the safety of pedestrians. (Ord. 94 §1 (part) , 1975: Exhibit A §25.13-5.04) . 25 22 240 Community use area. The minimum ratio of community use areas shall be four hundred square feet of such area for each dwelling unit lot or space. Such land may include all land devoted to recreation and service facilities and land- scaping not included within lots. (Ord. 94 §1 (part) , 1975: Exhibit A §25.13-5.05) . 25.2 250 Exterior boundaries abutting a public street. Exterior boundaries of the park abutting a public street shall be provided with a six-foot-high masonry wall or fence designed to create an attractive border. In addition, a setback of at least ten feet in depth shall be maintained as landscaped open space between any perimeter street and the required wall . (Ord. 94 51 (9art) , 1975: Exhibit A §25.13-5.06). 25 22 260 Exterior boundaries not abutting a public street. Exterior boundaries of the project which do not ut a public street shall be bounded by a six-f00t- high masonry wall . (Ord. 94a 1 (part) , 1975: Exhibit A §25.13-5.07). 25.22.270 Access. A minimum of two vehicular entrances shall be provided for each project. tUrd. 94 §1 (part) , 1975: Exhibit A §25.13-5.08) . 25 22 280 Trailer and boat storage. Trailer and boat storage area shall be provided at the minimum ratio of fifty square feet of land for each dwelling unit, space or lot. (Ord. 94 §1 (part) , 1975: Exhibit A §25.13-5.09) . 25.22.290 Recessing. All dwelling units shall be recessed to provide fpQr ground level entry to the dwelling unit. (Ord. 94 51 (part) , 1975: Exhibit A 325.13-5.10) . I I � 1 I St 9�SS 33 N �ie`K• fVPNK 71 TW OR, j e9 mu.• nue z d t \ I 9 Ip -. .a tg � n L I �• }� 1 � EXISTING R-M ZONE r f. UL-7 %i- --- ! CITY OF PALM DESERT CITY COUNCIL OO Bp 00 ORDINANCE NO. 263 DATE June 25. 1981 .I'� ... 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N- .cncG y � .NT c A v o C'c� :; n< P O 0 c7D 4n [J w -L r-' T •p o P A C`� •�P P O -• a C=^ e'Loo • 3 :: O n L = 7 3 p n C L 0 o =• T: �, < " a O '. a 0 0 ono° r; - E: m- < " �•°, G � m ? � o, ee•^a � � �.� L 3 O 3 C < ao O 0 7 G: 0 n S(C m �. y r' O w n a Y G CN o .n, m y o =.� '" Q,•^o = N v L r�7j : N 7 C N 3 P^a R Ln c o -. m m � n C•. . c- i�0 n cn' '� �c o o n'� a; y �o m 3 ooc ^. o o'ac� � 7 n - O-y y S-r'� �' p o ° co3 Nay an � G `< GL ►?�"�� �� nLG 0 0G.: ' ,^•^`i.A�wl�iµl'KX✓-f�Y�� �'i>Ltar h� '„ tv�4 ?7r }vir / l�ai1:' .. . . . .. �ne��Rhk. .. •tx'aaY!j•.i}ab•.1?v'+al.?b:!iy : ':�. v y.C'.�:' ffk•3'..Y• f� .. - l MINUTES PALM DESERT PLANNING COMMISSION MEETING MAY 20, 1981 Page Two VI . PUBLIC HEARINGS (cont. ) Commissioner Kryder asked for a clarification on the type of permanent foundation for the mobile homes. Mr. Diaz stated that the Uniform Building Code would be implementing the type of foundation. Commissioner Kryder then pointed out that using pilings would be rejected. Discussion occurred over the intent of the new law where Mr.. Diaz explained that he felt the intent was to allow mobile home owners to own their lot. Commis- sioner Kryder disagreed. Chairman Miller pointed out that the City Attorney felt this proposed amendment would implement the intent. Chairman Miller opened the Public Hearing and asked if anyone present wished to speak in FAVOR or OPPOSITION to this case. There being none, the Public Hearing was closed. Motion was made by Commissioner Berkey, seconded by Commissioner McLachlan, to recommend approval to the City Council of this amendment by adoption of Planning Commission Resolution No. 712. Carried unanimously (5-0). B. Case No. C/Z 03-81 (UA) - DAVID FREEDMAN AND COMPANY, INC. , and BALLEW-MCFARLAND, INC. , Applicants A Change of Zone upon annexation from W-2-20 (Riverside County to PC (2) (Planned District Commercial ) zone ((81.3 acres) and PR-5 (Planned Residential 5 d.u./acre, maximum density) zone, (671.9 acres), or other zones as deemed appropriate, generally located south of Interstate 10, between Del Safari Road and Portola Avenue (extended) , north of frank Sinatra Drive. Mr. Sawa presented this case pointing out the location and the adjacent zoning. He stated that the request is in compliance with the General Plan but Section D, as proposed on the east side of Cook Street, would have to be eliminated or relocated next to area "E" to the western portion of area "G" . Mr. Sawa indicated that Portola Avenue and Cook Street would be extended to I-10, and Frank Sinatra Dr. and 36th Avenue would be extended in an east-west direction. Staff recommended approval . Commissioner Kryder stated that this area was previously reviewed and at that time it was noted that it was a potential flood area, therefore, density was to be kept as low as possible. He asked why it was now being changed to PR-5. Mr. Diaz explained that in order to provide for public improvements, after General Plan hearings it was determined that it would be impossible to keep a density of.0-3. He indicated that as development occurs the developers would be_ required to provide adequate flood protection. Commissioner Richards asked why Section D was being recommended not to be commercially zoned in the area proposed by the applicant. Mr. Sawa explained that it does not conform to the Land Use Element of the General Plan. It was noted that as staff's recommendation to relocate this section, the same acreage would be provided. Chairman Miller opened the Public Hearing and asked if the applicant wished to make a presentation. MR. FRED ARBUCKLE, Ballew-McFarland, stated that they concur with staff's modifications and explained that a future flood channel would be proposed. Commissioner Richards expressed a concern for Planned Residential next to the railroad tracks. Mr. Arbuckle explained how they propose to provide a landscape buffer and block wall to eliminate the railroad noise. J MINUTES REGULAR CITY COUNCIL MEETING * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VII . ORAL COMMUNICATIONS - A MR. CHARLES HAVER, Engineer, 74-390 Highway 111, Palm Desert , addressed Council and read a letter which had been sent to all members of the Council earlier in the week (said letter attached and made a part hereof as Exhibit "A" ) . Mr. Haver objected to the manner in which public works contracts were awarded and suggested that it might be more fair to keep the work in the Valley to keep people working. VIII . PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION OF PER PARCEL ASSESSMENTS FOR LANDSCAPING & LIGHTING DISTRICT NO. 2, 1981-82_ ASSESSMENT. Mayor Pro-Tem Newbrander declared the Public Hearing open and asked for the Staff Report . Mr. Bouman reported that this was the per parcel assessment for the City' s Landscaping and Lighting Assessment District No. 2 - Lewis Homes, located at Highway 74 and Haystack Road. He stated. that Staff was requested that the Council set the assessment in that project for the coming year at a total cost of approximately $6, 000 or $87. 86 per parcel. Mayor Pro-Tem Newbrander invited input from Lewis Homes. None was offered. , She invited input in FAVOR of the request , and none was offered. She invited input in OPPOSITION to the request , and none was offered. She declared the Public Hearing closed. Upon motion by Snyder and second by Puluqi , Resolution No. 81-88 was unanimously adopted by the members present . B:a CASE NO ZOA 07-81 AND C/Z 04-81 CITY OF PALM DESERT, APPLI- CANT: CONSIDERATION OF AMENDMENTS TO CHAPTER 25. 04 (DEFINITIONS AND CHAPTER 25. 22 (RM - MOBILE HOME PARK AND MOBILE HOME SUB- DIVISION RESIDENTIAL DISTRICT) OF THE ZONING ORDINANCE AND REZONING ALL RM AND RM (U. A. , UPON ANNEXATION) ZONES TO R-1-M (CONVENTIONAL SINGLE-FAMILY/MOBILE HOME RESIDENTIAL DISTRICT) . Mayor Pro-Tem Newbrander declared the Public Hearing open and asked for the Staff Report . Mr. Diaz reported that the proposed ordinance would implement S. B. 1960 which precludes cities from prohibiting manufactured (mobile) homes from lots zoned for single-family dwelling units. The legislation provides cities with the option of either designating every R-1 lot for mobile homes use, designating certain R-1 lots for mobile home use, or redesignating areas currently zoned for R-1 to a combination Single-Family/Mobile Home use. He stated that the Planning Commission had elected to amend the Municipal Code to allow conventionally built single-family units on lots currently zoned for mobile home use only, or alternative #3. He pointed out that the Zoning Ordinance text amendments would: 1. Redefine Mobile Home to coincide with the State defi- nition; and 2. Change the wording of Chapter 25. 22 (RM-Mobile Home Park and Mobile Home Subdivision Residential District) to reflect the integration of conventional single-family dwelling units and mobile homes. Mayor Pro-Tem Newbrander invited input in FAVOR of the ordinance and none was offered. She invited input in OPPOSITION to the ordinance, and none was offered. She declared the Public Hearing closed. Upon motion by Snyder and second by Puluqi, Ordinance No. 263 was unanimously passed to second reading. June 11 , 1981 Paee 2 7 - D November 27, 1982 74-522 Azurite Circle East Palm Desert, Ca. 92261 Palm Desert City Council 45-275 Prickley Pear Lane Palm Desert, Ca. 92260 Dear members; Several months ago as a result of City Council action, zoning for certain areas of Palm Desert was changed from R-m and R-1 to R-1-m, which directly affects Portola Country Club. Portola Country Club was originally set up as a private mobile home community, which is covered by the C C & R's of the development on file with the State of California. As a result of questionable legal advise, the Board of Directors of Portcia Country Club has approved the erection of on-site constructed housing. This action, tho beneficial to the developer is contrary to the CC & R's. Construction of the first on-site house was started approximately May 1st and to this date has not been completed. The presence of this type of construction has created undue and prolonged noise, traffic and sanitation problems. Portable sanitation facilities have never been provided at the building site. Construction crews have had access to the locked facilities at one of the swimming pool areas. Homeowners and their guests using the pool area have found this extremely objectionable. In view of the fact that Portola Country Club was initiated as a private mobile home community and that there are still approximately 200 vacant sites, it is felt that the presence of on-site built homes will have an adverse affect on the value and saleability of the existing mobile homes. Therefore, it is requested that the City Council reconsider its previous action and restore R-m zoning to the Portola Country Club Subdivisian. Sincerely, Concerned H me Dwne rS Lot # CG- Lot #��0 Lot # '>._r� �(,�, G✓ � � - Lot # G3` '�. LatG . - � �<< ir'vrtfvNn.t: �Lat # ll[u ,f Lot #73-2 . 1 p• 3 Your Invitation to PORTOLn A Very Special Place VOWWl' rel a private mobile home resort Cradled in the foothills of the Santa Rosa Moun- munity for members and their guests. 498 total home- tains lies Palm Desert, a quiet, residential community sites. An abundance of open space and greenbelt areas. of beautiful homes and fashionable shops where people Only 3.2 homes per acre density. can relax and enjoy sunshine living at its best. Palm Desert is known nationally for the Bob Hope Any resemblance to a mobilehome park is definitely Desert Classic and residents enjoy playing golf at the unintentional. You own your lot. That gives you pri- many world-famous country clubs. They also enjoy vacy, control, and the opportunity to sell whenever the horseback riding on some of California's finest riding time is right. On the other hand, you share ownership trails, water skiing, fishing and boating at nearby Salton of PortoWs golf course, Clubhouse and the other 'com- Sea and fabulous scenic drives up Highway 74 to Lake mon areas'. You have an important say in how they Hemet and Idyllwild. are managed. And, too, Palm Desert offers residents easy access to The mobilehomes around you look more home-like than shopping malls, fine restaurants and theatres, excellent mobile. Each must be recessed into the ground, giving schools and places of worship, and the excitement, night you a low-profilc streetscape and uninterrupted views spots and many fine coveniences of nearby Palm Springs. (Naturally we have underground utilities). Now to that "someplace special", Portola Country Club, About all you have to do is enjoy the sunsets, the j an added crowning jewel, a special place blessed by the recreation facilities, and stroll around the lakes. At +}t sun. Welcome to Portola Country Club, where we offer Portola Country Club . . . the Un-Condo. LIFESTYLE. Get the feeling of leisure and outdoor freedom. The appeal is to those who can thrill to the Portola Country Club combines the natural beauty of promise of a beautiful sunset — And to those who like the desert with the sophistication of a fashionable coun- to dress up in a suntan and while away lazy afternoons try club. You may choose to join your neighbors for a by a pool or mingle with friends at the Clubhouse. game and a cocktail or you may prefer a quiet moment Relax in a sauna, have a friendly game of pool, play a of togetherness. All of your options are open here. set of tennis, or golf on one of the most challenging and beautiful golf courses in an area that has been called Three immaculate swimming pools with adjoining hot "Golf Heaven". whirlpools are not very far from any homesite. And seven magnificent lakes grace the golf course, adding to For fresh air and sunshine lovers, Portola Country Club's its beauty and creating a greater challenge. style of living can only be described as"pure pleasure" — everything you've wanted for your new lifestyle in the Every country club community has its own special desert. Distinguished neighbors . . . gated entrance . . . ambience. Portola Country Club is one of understated golf and tennis with fine facilities . . . and the warm style and easy grace. Not stuffy, but not too clubby. revitalizing sun. Friendly, but private. Portola country Club is an all adult, mobilehome com- Welcome to the world of Portola Country Club . . . December 2, 1982 Palm Desert City Council Palm Desert, California Council memberst RE: Rezoning of Portola Country Club Portola Country Club was established as a mobil Country Club in 1973 and has remained a quiet, serene community until our R-m area was recently rezoned to R-1-m which permits the construction of site built homes. There are approximately 300 existing mobile homes and 200 vacant lots in our Club. Speculative builders and sub-contractors are ready and eager to change our quiet mobile Community in which we live to a housing tract that we hadn°t bargained for. live, 9 9 We Feel that months of lengthy construction, noisy hammering and sawing, polution from workers trucks, cement trucks,unsightly debri, portable toilet facilities and the intrusion of hundreds of unwanted construction workers, is wholly and completely unfair to the present homeowners. For these reasons, we respectfully request that the Portola Country Club area be returned to its original R-m zone. Thank you very much, I ORDINANCE NO. 263 All ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AMENDMENTS TO CHAPTER 25.04 (DEFINITIONS) CHAPTER 25.22 (RM- MOBILE HOME PARK AND MOBILE HOME SUBDIVISION RESI- DENTIAL DISTRICT) OF THE ZONING ORDINANCE AND RE- ZONING ALL RM AND RM (U.A.-UPON ANNEXATION) ZONES TO R-1-M (CONVENTIONAL SINGLE FAMILY/MOBILE HOME RESIDENTIAL DISTRICT) . CASE NOS. ZOA 07-81 and C/Z 04-81 . WHEREAS, the City Council of the City of Palm Desert, California did on the llth day of June, 1981 , hold a duly noticed Public Hearing to consider various amendments to the Zoning Ordinance pertaining to Mobile Homes and to consider the rezoning of all R.M. and R.M. (U.A. ) districts to R-1-M; and, WHEREAS, the Planning Commission, by Resolution No. 712 has recom- mended approval ; and, WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89" , in that the Director of Environmental Services has determined that the project is a Class V Categorical Exemption and no further environmental documentation is necessary; and, WHEREAS, at said Public Hearing, upon hearing and considering the testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts to justify their recom- mendations as described below: 1 . Zoning Ordinance Amendment: a. That the Zoning Ordinance Amendment is consistent i with the objectives of the Zoning Ordinance. b. That the Zoning Ordinance Amendment is consistent with the adopted General Plan and effected Specific Plans. c. That the Zoning Ordinance Amendment would better serve the public health, safety and general wel- fare than the current regulations. d. That the Zoning Ordinance Amendment implements California State Senate Bill 1960. 2. Change of Zone: a. The land use resulting from the Change of Zone would be compatible with adjacent existing and proposed land uses. b. The density resulting from the Change of Zone, would be compatible with densities permitted in the adjacent areas. c. The proposed Change of Zone would be consistent I with the adopted General Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, as follows: 1 . That the above recitations are true and correct and constitute the findings of the Council in these cases; 2. That it does hereby approve a Zoning Ordinance Text Amendment, as provided in the attached Exhibit, labeled Exhibit "A" , to amend Municipal Code Section 25.04.545 and Chapter 25.22. 3. That it does hereby approve a Change of Zone from RM R ORDINANCE NO. 263 PAGE TWO 3. (Continued) (Mobile Home Park and Mobile Home Subdivision Resi- dential District) and RM (U.A.-Upon Annexation) to R-1-M (Single Family/Mobile Home Residential District) as shown on the attached map labeled Exhibit "B" . 4. The City Clerk is directed to publish this Ordinance once in the Palm Desert Post, a newspaper of general circulation, published and circulated in the City of Palm Desert, and shall certify to the passage of adoption of this Ordinance, and the same shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council , held on this June day of 25th 1981 , by the following vote, to wit: AYES: McPherson, Newbrander, Puluqi , Snyder & Wilson NOES: None ABSENT: None ABSTAIN: None 77- S. Y LSOPJ, P•layor ATTEST: 'SITE-ILA R. G*Desert, ler City of Palo a /pa J 00 CITY COUNCIL ORDINANCE NU. 263 PAGE THREE EXHIBIT A ZONING ORDINANCE TEXT AMENDMENTS Section 1 : That Section 25.04.545 of the Municipal Code of the City of Palm Desert, California, is hereby amended to read as follows: "25.04. 545 Mobile Home: "Mobile Home" means a structure designed and equipped for human habitation, and for being drawn by a motor vehicle, to be used with or with- out a foundation system. Mobile Home does not include a recreational vehicle, com- mercial coach or factory built housing" Section 2: That Chapter 25.22 of the Municipal Code of the City of Palm Desert, California is hereby amended to read as follows: Chapter 25.22 R-1-M SINGLE FAMILY/MOBILE HOME RESIDENTIAL DISTRICT Sections: 25.22.010 Purpose. 25.22.020 Permitted uses . 25.22.030 Conditional uses. 25.22.040 Minimum area. 25.22.050 Area of lot. 25.22.060 Density. 25.22.070 Intensity of use. 25.22.080 Minimum project lot width. 25.22.090 Minimum project front yard. 25.22. 100 Minimum project rear yard. 25.22. 110 Minimum project side yard. l 25.22. 120 Minimum project side street yard. 1 25.22.130 Setback on individual space or lot. 25.22. 140 Building height. 25.22. 150 Off-street parking and loading requirements. 25.22.160 Utilities. 25.22.170 Trash handling. 25.22. 180 Signs. 25.22. 190 Site plan review. 25. 22.200 Private streets. 25.22.210 Guest parking. 25.22.220 Street lighting. 25.22.230 Accessory buildings. 25.22.240 Community use area. 25.22.250 Exterior boundaries abutting a public street. 25.22.260 Exterior boundaries not abutting a public street. 25.22.270 Access. 25.22.280 Trailer and boat storage. 25.22.290 Recessing. "25.22.10 Purpose: The R-1-M district provides for the permanent placement and occupancy of single family dwelling units , factory built dwelling units or mobile homes for residential purposes on purchased, rented or leased lots. It is further the intent of this district to stabilize and protect the residential character of the area and to promote a better living environment through high quality property development standards". 25. 22.020 Permitted uses. The following uses shall be permitted: none. (Ord. 94 $1 part , 1975: Exhibit A 25. 13-2). 25.22.030 Conditional uses. The following uses shall be permitted subject to a conditional use permit: A. Day nurseries and nursery schools ; B. Educational institutions; C. Mobile homes; D. Private and public accessory buildings and uses, including home occupations, storage areas, and other similar accessory uses on individual lots, such as domestic animals; E. Public parks and recreational facilities; and F. Public utility and public service facilities. I ~CITY COUNCIL ORDINANCE NO. 263 PAGE FOUR 3 EXHIBIT A (CONTINUED) G. Single family dwelling unit or factory built housing. (Ord. 94 §1 (part) , 1975: Exhibit A 25. 13-3) . 25.22.040 Minimum area. The minimum area for a project shall be twenty acres. rd. 99 §1 part , 9975: Exhibit A §25.13-4.01 ) . 25.22.050 Area of lot. The minimum area for a space or lot shall be five thousand square feet. Ord. 94 §1 (part) , 1975: Exhibit A §25.13-4.03) . 25.22.060 Densit The density of a project shall be seven units per net acre. Ord. 94 1 part) , 1975: Exhibit A §25. 13-4.03) . 25. 22.070 Intensity of use. There shall be not more than one mobile home or dwelling unit per lot or space. (Ord. 94 §1 (part) 1975: Exhibit A §25. 13-4.04) . 25.22.080 Minimum rojec lot width. The minimum project lot width shall be five hundred feet. Ord. 94 1 part 1975: Exhibit A §25. 13-4.05) . 25. 22.090 Minimum project front yard. The minimum front yard shall be twenty feet. Ord. 94 51 (part) , 1975: Exhibit A 525. 13-4.06). 25.22. 100 Minimum project rear yard. The minimum rear yard shall be ten feet. Ord. 94 91 (part) , 1975: Exhibit A §25. 13-4.07) . 25.22. 110 Minimum project side yard. The minimum side yard shall be ten feet. Ord. 94 1 (part) , 1975: Exhibit A §25.13-4.08) . 15. 22. 120 Minimum roject side street ard. The minimum side street yard shall be twenty feet. Ord. 94 25. 13-4.09 . 25. 22. 130 Setback on individual space or lot. The minimum yard setback on an individual space or lot shall be five feet or as approved (Ord. 94 $1 (part) , 1975: Exhibit A §25.13-4. 10) . 25.22. 140 Building height. The maximum building height shall be one story or eighteen feet whichever is less. (Ord. 94 §1 (part) , 1975: Exhibit A 525.13-4.11 ). j 25.22. 150 Off-street parking and loading re uirements. All parking and loading shall comply with the provisions of Chapter 25. 58. Ord. 94 81 (part) , 1975: Exhibit A §25.13-4.12) . 25.22. 160 Utilities. For provisions regarding utilities, see §25.56.090. (Ord. 94 fl (part), 1975: Exhibit A §25. 13-4. 13). 25.22. 170 Trash handling. A trash enclosure will be provided for all uses, unless the proposed location of the trash area is completely enclosed by walls or buildings. The freestanding trash enclosure shall be constructed of masonry block. No trash shall be allowed to extend above or beyond the enclosure. (Ord. 94 S1 (part) , 1975: Exhibit A §25. 13-4. 14). 25.22. 180 Si ns. All signs shall be in compliance with Chapter 25. 68. (Ord. 94 l part 1975: Exhibit A §25.13-4. 15). 25.22. 190 Site Dlan review. All uses shall be subject to site plan review as prescribed in Chpater 25.70. (Ord. 94 §1 (part) , 1975: Exhibit A §25.13-4. 16). 25.22.200 Private streets. A minimum width of private streets shall be thirty feet as measured from back of curb to back of curb. The streets shall have curbs 1 and be paved with asphaltic concrete or equivalent material . (Ord. 94 §1 (part) , 1 1975: Exhibit A §25. 13-5.01 ). J 25.22.210 Guest parkinq. Guest automobile parking areas shall be provided at a minimum ratio of one parking space for each ten lots. (Ord. 94 §1 (part), 1975: Exhibit A §25. 13-5. 02). PAGE FIVE CITY COUNCIL ORDINANCE NO. 263 EXHIBIT A (CONTINUED) i 25 22 220 Street lighting. Street lighting shall be provided along the private streets for the safety of pedestrians. (Ord. 94 §1 (part) , 1975: Exhibit A §25. 13-5.04) . 25 22 240 Community use area. The minimum ratio of community use areas shall be four hundred square feet of such area for each dwelling unit lot or space. Such land may include all land devoted to recreation and service facilities and land- scaping not included within lots. (Ord. 94 §1 (part) , 1975: Exhibit A §25.13-5.05) . 25 22 250 Exterior boundaries abutting a public street. Exterior boundaries of the park abutting a public street shall be provided with a six-foot-high masonry wall or fence designed to create an attractive border. In addition , a setback of at least ten feet in depth shall be maintained as landscaped open space between any perimeter street and the required wall . (Ord. 94 51 (part) , 1975: Exhibit A §25. 13-5.06). 25 22 260 Exterior boundaries not abutting a public street. Exterior boundaries of the project which do not aput-a public street shall be bounded by a six-foot- high masonry wall . (Ord. 94 91 (part) , 1975: Exhibit A §25.13-5.07). 25.22.270 Access. A minimum of two vehicular entrances shall be provided for each project. Ord. 94 §1 (part) , 1975: Exhibit A §25.13-5.08) . 25 22 280 Trailer and boat storage. Trailer and boat storage area shall be provided at the minimum ratio of fifty square feet of land for each dwelling unit, space or lot. (Ord. 94 §1 (part) , 1975: Exhibit A §25. 13-5.09) . 25.22. 290 Recessing. All dwelling units shall be recessed to provide fppr ground level entry to the dwelling unit. (Ord. 94 51 (part) , 1975: Exhibit A 325.13-5.10) . . _J I I - g ,31 32 33 33 34 ��� • rt f9PNK OI rfY O0.. 2 3 93 �j 1 >. 1 I I S my+x nus c c'e g I � / I � ICI •" I � M tg tr _ ,,-- lilt _.✓.� u r p rAy EXISTING �_,. ? r jam. -- , R-M ZONE 1-L..I- - CITY OF PALM DESERT CITY COUNCIL OO UP ORDINANCE NO. 63 2 c �� DATE June 25, 1981 SHAMROCK REALTY Decem6e& 6, 1982 /YLc. Aantin Qouman City og Pa. m DedeAt Pa.m De-jeAt, Calk oAn a 92260 Re: Zoning chanye6ach gOA Po"rtola CountAy CLu6 Deal. AA. Qoumon: Dmina om di jcu.»zon ,Cast Thuwday about .bite-built homed 6e.ina Lilt at Pohiola Co" CLu6, a mo6,ilehome PUD, you weAe told Aat the BoaAd o� DiAecioA.d og ,the POAtola Countir.cy C. u6 Homeowne,u Aadoc.iat.ion had voted to allow .d.i to-Li1t homed to 6e 6u.iJt w.iAin Sze roVined o� die c.Lu6. You wete a Ao told ,that the BoaA.d og D&vertoAJ voted .in �avoA 6ecau de Jzery were undeA die ,impne d d.ion that there mad no a Uen- nat,ive, due to Senate Bill 1960 (ChapteA 11 q2). 7h. JegZdlat.ion has noAina to do with. the placement o� .d.i to-6uili homes, on'� manu�a,t,ted (mo6.i.le) homed. 14J-40, Clauze }our., paAayAaph (a) og the CCSR '.d Aeadd, 'All lots .dha.0 6e a ded goA .4 ingle gami. mo6i lehome Ae.4 identi al puzpa4e d only". Because o� Aid, onCr� an amendment to Sze CCU �.�, approved 6Y a 213 vote. o� Sze homeowner d pAe dent, Aepneaent.ing a &uoAum, can rhange ,the CCM i,& to allow .d.ite-6u It homea. The vote og the ,8oaAd og Di ecsto,,w .vd not valid, and will 6e dealt with 60, the homeowne ,6, but th,t d z goAmation iA aiven to you .do that the 43'iAmative vote og the Bocvcd will t ,in,.Aence Yom Aecommendation to the Ciby Council. CoAdia l , im A1cXee 74939 VIA LAGO PALM DESERT, CA 92200 (71 568-2042 49/ STATE OF CALIFORNIA EDMUND G.BROWN JR.. Go.rrnor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT January 23, 1981 TO: ALL INTERESTED PARTIES: FROM: Carolyn Burton, Deputy General Counsel RE: Department' s Legal Interpretation of SB 1960 In 1980 the Legislature passed and Governor Brown signed into law S8 1960 (Rains) which provides for mobilehomes in single family residential zones (Chapter 1142, Statutes of 1980) . Currently, many localities exclude mobilehomes entirely, or restrict their location to mobilehome parks. This new law, which will take effect on July 1,. 1981, assures that mobilehomes will have a place in every California community. In summary, the new statute precludes prohibition by a city or county of installation of newer mobilehomes (built since 1974) which are installed on "kfi permanent foundations on lots zoned for single-family residences. Alternatively, the locality may designate sites for mobilehomes in single family zones. The local jurisdiction may apply setback, sideyard, parking, and other development standards which it would apply to a conventional house on the same lot. Architectural standards may be applied to the mobilehome which deal specifically with roof overhang, and roofing and siding materials. Excerpts of the new law are attached. A number of questions have arisen regarding the proper interpretation of this law. These questions, and the legal interpretation of the Department of Housing and Community Development follow. 1 . Must mobilehomes meeting the standards of the bill be allowed on every lot in singe tamily zones. Yes--except that the locality may designate specific sites in single family zones for mobilehome use as an alternative approach. However, the number of single family sites excluded from use by mobilehomes is limited by several considerations, most importantly, housing element requirements. The first sentence of the new law is a general proscription against prohibiting mobilehomes (meeting the specified standards) on lots zoned for single family dwellings. However, the second sentence provides an alternative approach: the city may designate lots zoned for single family dwellings for mobilehome use, which lots are determined to be compatible for mobilehome use. If a locality utilizes this approach and does designate single family lots for mobilehome use, it is not required to allow mobilehomes on every lot zoned single family. _I_ f The empirical basis for determining the number of lots designated for mobilehome use is in the locality's housing element. Statutory requirements for a local housing element--whether prepared pursuant to Government Code f Section 65302(c) and the Housing Element Guidelines or the new Article 10.6, commencing with Section 65580, of the Government Code (AB 2853)--require a Tocality to consider mobilehomes and provide adequate sites with zoning to ✓1 allow for mobilehomes. To the extent that there is a need for low and moderate income housing, and these needs are not being met through other housing programs, the locality must zone an amount of residential land for mobilehomes commensurate with such need. Furthermore, in order to withstand an equal protection challenge (see questions 5 and 6 below) the locality should designate all lots which are equally compatible for mobilehome use and be able to point to the characteristics which distinguish lots which were designated from those lots which were not. In practice, since all lots in a zone will generally be equally compatible for the placement of mobilehomes, mobilehomes should be added as an allowable use for an entire single family residential zone. 2. What does it mean that a locality may designate lots "which lots are determined to a compatI a or such mobs a ome use"? The word "compatible" is not defined and, therefore, the locality may exercise its own judgment in determining compatibility. However, there must be a rational basis for this determination. In complying with this provision, the local jurisdiction should establish the components for a compatibility standard and, prior to designating single family lots for mobilehome use, determine that the lots meet this standard. The jurisdiction may wish to make findings to this effect. Generally, sites will be compatible for mobilehome use if mobilehomes will meet the existing zoning and subdivision requirements. The fear that the Placement of a mobilehome on a lot might have a negative economic effect on surrounding lots does not mean that it is an incompatible land use. Additional criteria that the city could consider in making the determination are probably limited to architectural and historical factors. The litmus test would be that the mobilehome would appear "totally out of place" . Illustrative examples of mobilehome non-compatibility based .on these criteria might be in-fill lots in an historic preservation area or an area composed of Victorian-styled structures. These situations invoke both of the criteria noted above. Other older neighborhoods composed of large two-story residences, although containing a variety of styles, might likewise be architecturally incompatible for mobilehomes. A word of caution, however. As the state of the art progresses, mobilehomes may be designed which will be totally compatible with Victorians or other architectural types. Thus, compatibility may be reduced to simply meeting existing zoning and subdivision requirements. This standard provides the necessary rational basis and is easy to apply. Since it also reflects the subsequent requirement of the statute that the locality may subject the -2- mobilehome to the same development standards that apply to a conventional single family dwelling, this standard would not be subject to legal challenge. 3. Does the zoning for mobilehome parks or subdivisions comply with the newlaw? A locality may continue .to zone for. mob ilehome_parks or subdivisions: However,. such. zoning will meet the requirements of,,-the new statute only" if conventional single -family structures are also :allowed- in -such zones:. Where" such mobilehome park or:subdivisions„exclude conventional' single._family ':;residences, the locality would still be required to allow mobilehomes .in single family zones or designate lots in single family zones for -mobilehomes: 4. What is the relationship between the new law and the Mobilehome Parks Act with respect to use permits? . The Mobilehome Parks Act sets standards for the design and use of mobilehome parks and provides for state or local enforcement. Health and Safety Code Section 18300(g) (3) states that the provisions therein do not prevent a jurisdiction from requiring a use permit for a mobilehome which is installed outside of a mobilehome park. While SB 1960 did not explicitly repeal Section 18300(g) (3) , a local requirement of a use permit for a mobilehome in a single family residential zone is inconsistent with the new law. The first sentence of the new statute precludes a locality from prohibiting mobilehomes on lots in single family zones. Requiring a use permit implies possible prohibition of the mobilehome use since the request for a permit could be denied. Therefore, subsequent to the passage of SB 1960, a use permit for a mobilehome should not be required. This is likewise true if the locality opts for the al-ternative of designating single family lots for mobilehome use. Once the site has been designated, there is no need for a use permit. If the permit were granted, it would be superfluous; if the permit were denied, the locality would be in violation of the statute. With respect to conditional use permits , conditions relating to factors other than the actt that tT-e structure is a mobilehome can be required if such conditions are likewise applied to conventional construction. This is consistent with the express statement that mobilehomes may be subjected to the same development standards as are placed on conventional single family dwellings. 5. Does the new statute require a city or county to "spot zone"? "Spot zoning" is the practice of restricting a small parcel as an " island" and giving it less rights than surrounding properties where no rational reason exists for such a restriction. The classification would be discriminatory, i .e. , in violation of the equal protection clause. A property that is favored by allowing additional uses is not spot zoning since the property has not been discriminated against. -3- � � r The new law does not intend for localities to designate lots in single family zones exclusively for mobilehome use. Sites identified for mobilehome use should be available for conventional construction as well . In effect, the permitted uses on the property have been expanded to include mobilehomes. The property has therefore been treated favorably by allowing an additional use, and not discriminated against. This is not spot zoning. 6. Can the property owner whose single family lot is not zoned for mobi lehomes ai lece iscrimina ion. A property owner who wants to place a mobilehome on a lot where such use is prohibited, could argue that the property has been discriminated against if other, similarly situated properties, were designated for mobilehome use. While a locality has a great deal of discretion in exercising its zoning authority, the judicial test for determining whether a zoning classification violates equal protection standards is as follows: 1 . The property owner challenging the regulation must demonstrate that his or her property stands in precisely the same relationship as those properties receiving preferential treatment ( i .e. , those where mobilehomes are an additional use) ; and 2. The more narrow zoning classification must not have been made on an arbitrary basis, but rather must be based upon some distinction which justifies the differential treatment . Meeting this standard should not be a problem for a locality in complying with the new law since this is the same standard that must be applied in traditional zoning practices. It simply means that the designation of sites for mobilehome use must have some rational basis . This basis will probably be the same as the locality's determination of compatibility. For example, if very narrow in-fill lots in urban areas are rejected for mobilehome use as not "compatible" (because of the need for a larger lot), the rational basis test would be met. On the other hand, in suburban residential areas where there is large lot zoning, there may be no basis for determining one lot is compatible, another is not. In this situation, the most appropriate way to designate lots for mobilehome use may be the adoption of a mobilehome overlay permitting mobilehomes on all lots in the particular single family zone. 7. Does the new law nullify covenants, conditions and restrictions on property which pro its mo i ehomes. No. Restrictive covenants prohibiting mobilehomes on residential lots (entered into either before or after passage of the bill) are not directly affected by SB 1960. The courts have upheld covenants restricting the use of property in the face of more expansive zoning requirements. (See Legislative Counsel Opinion No. 16044, 11/17/80, affirming this view. ) However, the department has issued an opinion indicating that restrictive covenants prohibiting mobilehomes may be unenforceable and that SB 1960 adds additional support for this view. -4- Courts have refused to enforce restrictive covenants where, due to "changed conditions", it would be oppressive and inequitable to the property owner to do so. For example, this might occur where a property is restricted to single family residential use and, over a period of years, the neighborhood has changed from residential to commercial . Maintaining the lot as residential no longer benefits surrounding properties (for whose protection the covenant was entered into in the first place) and imposes a hardship on the owner of the restricted property. Rezoning of surrounding areas to commercial is one of the factors of "changed conditions" that a court could consider in deciding whether or not to enforce the restriction. By analogy, the rezoning of a "compatible" area to allow mobilehomes pursuant to SB 1960, could be a factor used by a court to determine whether changed conditions render a restriction against mobilehomes unenforceable. The new law is also evidence that such restrictions are contrary to public policy, a factor to be considered by the court in deciding whether a restriction should be enforced. Covenants prohibiting mobilehomes may also be narrowly interpreted by the courts to apply only to older mobilehomes rather than newer mobilehomes--many- of which are visually indistinguishable from conventionally-constructed homes. This interpretation would be consistent with a general judicial rule to interpret such restrictions in a manner which limits encumbrances on property. [The department's legal opinion analyzing the enforcability of these covenants is available upon request.] 8. Does the new statute apply to charter cities and counties? Yes. State zoning law only applies to general law cities and counties unless there is specific language applying the provision to charter jurisdictions. (See, for example, Government Code Sections 65804 and 65918. ) The new law contains such a provision, explicitly applying it to charter cities and counties. -5- i STATE OF CAUFORNIA FDMUNG G.BROWN JR., Governor ` DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT January 23, 1981 TO: ALL INTERESTED PARTIES: FROM: Carolyn Burton, Deputy General Counsel RE: Department's Legal Interpretation of SB 1960 In 1980 the Legislature passed and Governor Brown signed into law SB 1960 (Rains) which provides for mobilehomes in single family residential zones (Chapter 1142, Statutes of 1980) . Currently, many localities exclude mobilehomes entirely, or restrict their location to mobilehome parks. This new law, which will take effect on July 1, 1981, assures that mobilehomes will have a place in every California community. _ In, summary, theinew statute precludes prohibition by a city or county of installation of newer mobilehomes ,(built since 1974) which are installed-on� 'permanent foundations on lots zoned for single-family residences. Alternatively, the locality may designate sites for mobilehomes in single "family zones.! The local jurisdiction may apply setback, sideyard, parking, and other development standards which it would apply to a conventional house on the same lot. Architectural standards may be applied to the mobilehome which deal specifically with roof overhang, and roofing and siding materials. Excerpts of the new law are attached. r A number of questions have arisen regarding the proper interpretation of this law. These questions, and the legal interpretation of the Department of Housing and Community Development follow. 1 . Must mobilehomes meeting the standards of the bill be allowed on every lot in singe family zones. Yes--except that the locality may designate specific sites in single family zones for mobilehome use as an alternative approach. However, the number of single family sites excluded from use by mobilehomes is limited by several considerations, most importantly, housing element requirements. The first sentence of the new law is a general proscription against prohibiting mobilehomes (meeting the specified_ standards) on lots zoned for single family dwellings. However,.;the second sentence-provides.-an. ,alternative-approach. the city may designate lots zoned for,..single-family . dwellings for mobilehome use, which lots are determined...to be..compatible_for ,mobilehome use. If_a"locality utilizes this approach and .does designate 'single family lots for mobilehome use, it is not required to allow mobilehomes on every lot zoned­s'ingle family. % l -I The empirical basis for determining the number of lots designated for mobilehome use is in the locality's housing element. Statutory requirements ' for a local housing element--whether prepared pursuant to Government Code nuV Section 65302(c) and the Housing Element Guidelines or the new Article 10.6, commencing with Section 65580, of the Government Code (AB 2853)--require a Q Tocality to consider mobilehomes and provide adequate sites with zoning to allow for mobilehomes. To the extent that there is a need for low and moderate income housing, and these needs are not being met through other housing programs, the locality must zone an amount of residential land for mobilehomes commensurate with such need. Furthermore, in order to withstand an equal protection challenge (see questions 5 and 6 below) the locality should designate all lots which are equally compatible for mobilehome use and be able to point to the characteristics which distinguish lots which were designated from those lots which were not. In practice, since all lots in a zone will generally be equally compatible for the placement of mobilehomes, mobilehomes should be added as an allowable use for an entire single family residential zone. 2. What does it mean that a locality may date lots "which lots are determinedto a compati a or suc esignmobs a ome use"? ,The word _"compatible" -is. not defined. and, .therefore, ;the locality may . exercise its own judgment in determining compatibility. However, there must 'be a rational basis for this determination. In complying with this ,provision, the local jurisdiction should establish the components for a 1compatibility standard and, prior to designating single family lots for mobilehome use, determine that the lots meet this standard. The jurisdiction may wish to make findings to this effect. Generally, sites will be compatible for mobilehome use if mobilehomes will . (meet the existing zoning and subdivision requirements. The fear that the placement of a mobilehome on a lot might have a negative economic effect on surrounding lots does not mean that it is an incompatible land use. Additional criteria that the city could consider in making the determination are .probably limited to architectural and historical factors. -The litmus` ;test would be that the mobilehome would appear "totally out of place". Illustrative examples of mobilehome non-compatibility based on these criteria might be in-fill lots in an historic preservation area or an area composed of Victorian-styled structures. These situations invoke both of the criteria noted above. Other older neighborhoods composed of large two-story residences, although containing a variety of styles, might likewise be architecturally incompatible for mobilehomes. A word of caution, however. As the state of the art progresses, mobilehomes may be designed which will be totally compatible with Victorians or other architectural types. Tfus,compatibility may be reduced to simply meeting existing zoning and subdivision requirements. This standard provides the necessary rational basis and is easy to apply. Since it also reflects the subsequent requirement of the statute that the locality may subject the -2- mobilehome to the same development standards that apply to a conventional single family dwelling, this standard would not be subject to legal challenge. 3. Does the zonin for mobilehome parks or subdivisions comply with e t new aw. [A41ocallty-may,co-ntinue, to Zone for mobilehome parks or subdivisions? ver, such zoning will meet the requirements of- the-new statute. onlysif entional singl-e family structures_ are also allowed„in such zones: Wherec mobilehome park or-subdivisions exclude convent.ioo`al single familydences, the locality would still be required, to allow mobilehomes .in lefamily zones or designate lots-in single family zones for lehomes.1 4. What is the relationship between the new law and the Mobilehome Parks c withrespec o use permi s. The Mobilehome Parks Act sets standards for the design and use of mobilehome parks and provides for state or local enforcement. Health and Safety Code Section 18300(g)(3) states that the provisions therein do not prevent a jurisdiction from requiring a use permit for a mobilehome which is installed outside of a mobilehome park. While SB 1960 did not explicitly repeal Section 18300(g)(3), a local requirement of a use permit for a mobilehome in a single family residential zone is inconsistent with the new law. The first sentence of the new statute precludes a locality from prohibiting mobilehomes on lots in single family zones. Requiring a use permit implies possible prohibition of the mobilehome use since the request for a permit could be denied. Therefore, subsequent to the passage of SB 1960, a use permit for a mobilehome should not be required. This is likewise true if the locality opts for the alternative of designating single family lots for mobilehome use. Once the site has been designated, there is no need for a use permit. If the permit were granted, it would be superfluous; if the permit were denied, the locality would be in violation of the statute. With respect to conditional use permits, conditions relating to factors other than the fact t at t e structure is a mobilehome can be required if such conditions are likewise applied to conventional construction. This is consistent with the express statement that mobilehomes may be subjected to the same development standards as are placed on conventional single family dwellings. 5. Does the new statute require a city or county to "spot zone"? "Spot zoning" is the practice of restricting a small parcel as an "island" and giving it less rights than surrounding properties where no rational reason exists for such a restriction. The classification would be discriminatory, i .e. , in violation of the equal protection clause. A property that is favored by allowing additional uses is not spot zoning since the property has not been discriminate against. -3- The new law does not intend for localities to designate lots in single family zones exclusively for mobilehome use. Sites identified for mobilehome use should be available for conventional construction as well . In effect, the permitted uses on the property have been expanded to include mobilehomes. The property has therefore been treated favorably by allowing an additional use, and not discriminated against. This is not spot zoning. 6. Can the property owner whose sin le family lot is not zoned for mo i e omes a eqe iscrimina ion. A property owner who wants to place a mobilehome on a lot where such use is prohibited, could argue that the property has been discriminated against if other, similarly situated properties, were designated for mobilehome use. �,_Wh.ile a locality has a great deal of discretion in exercising its zoning authority, the judicial test for determining whether a zoning classification violates equal protection standards is as follows: 1 . The property owner challenging the regulation must demonstrate that his or her property stands in precisely the same relationship as those properties receiving preferential treatment ( i .e. , those where mobilehomes are an additional use); and 2. The more narrow zoning classification must not have been made on an arbitrary basis, but rather must be based upon some distinction which justifies the differential treatment. Meeting this standard should not be a problem for a locality in complying with the new law since this is the same standard that must be applied in traditional zoning practices. It simply means that the designation of sites for mobilehome use must have some rational basis. This basis will probably be the same as the locality's determination of compatibility. For example, if very narrow in-fill lots in urban areas are rejected for mobilehome use as not "compatible" (because of the need for a larger tot), the rational basis test would be met. On the other hand, in suburban residential areas where there is large lot zoning, there may be no basis for determining one lot -is compatible, another is not. In this situation, the most appropriate way to designate lots for mobilehome use may be the adoption of a mobilehome overlay permitting mobilehomes on all lots in the particular single family zone. 7. Does the new law nullify covenants, conditions and restrictions on property which pro i its mo i e omes. No. Restrictive covenants prohibiting mobilehomes on residential lots (entered into either before or after passage of the bill) are not directly affected by SB 1960. The courts have upheld covenants restricting the use of property in the face of more expansive zoning requirements. (See Legislative Counsel Opinion No. 16044, 11/17/80, affirming this view. ) However, the department has issued an opinion indicating that restrictive covenants prohibiting mobilehomes may be unenforceable and that SB 1960 adds additional support for this view. -4- I Courts have refused to enforce restrictive covenants where, due to "changed conditions", it would be oppressive and inequitable to the property owner to do so. For example, this might occur where a property is restricted to single family residential use and, over a period of years, the neighborhood has changed from residential to commercial . Maintaining the lot as residential no longer benefits surrounding properties (for whose protection the covenant was entered into in the first place) and imposes a hardship on the owner of the restricted property. Rezoning of surrounding areas to commercial is one of the factors of "changed conditions" that a court could consider in deciding whether or not to enforce the restriction. By analogy, the rezoning of a "compatible" area to allow mobilehomes pursuant to SB 1960, could be a factor used by a court to determine whether changed conditions render a restriction against mobilehomes unenforceable. The new law is also evidence that such restrictions are contrary to public policy, a factor to be considered by the court in deciding whether a restriction should be enforced. Covenants prohibiting mobilehomes may also be narrowly interpreted by the courts to apply only to older mobilehomes rather than newer mobilehomes--many of which are visually indistinguishable from conventionally-constructed homes. This interpretation would be consistent with a general judicial rule to interpret such restrictions in a manner which limits encumbrances on property. [The department's legal opinion analyzing the enforcability of these covenants is available upon request.] 8. Does the new statute apply to charter cities and counties? Yes. State zoning law only applies to general law cities and counties unless there is specific language applying the provision to charter jurisdictions. (See, for example, Government Code Sections 65804 and 65918. ) The new law contains such a provision, explicitly applying it to charter cities and counties. -5- 1 ' CITY OF PALM DESERT STAFF REPORT TO: Planning Commission FROM: Department of Environmental Services SUBJECT: Mobile Homes: Zoning and Implementation of S.B. 1960 DATE: April 15, 1981 Recently Governor Brown signed S.B. 1960 which deals with mobile home .zoning and which must be implemented by July 1, 1981. Essentially, S.B. 1960 precludes cities from prohibiting mobile homes on permanent foundation in areas zoned for single family dwellings. Alternatively, a city may designate lots zoned for single family dwellings for mobile homes when the lots are determined to be compatible for said mobile home use. The legislation does not indicate to what extent a city must provide for use of a mobile home or what proportion of the housing stock mobile homes should be. Mobile homes are a significant proportion of the housing within Palm Desert's Planning area. The attached chart, which was prepared last September for Commission consi- deration, indicates the housing stock mix as it currently exists and the housing stock mix at full development. At full development mobile homes will be over 17% of the total housing stock. This proportion is based on current trends being con- tinued and if the mobile home developments being proposed by the north sphere landowners seeking annexation to the city are apparoved. Mobile homes are currently permitted in RM zones by conditional use permit. As described below, there are three viable alternatives in implementing S.B. 1960. 1) Permit mobile homes in all single family zones. Under this option mobile homes will be permitted in all zones which permits conventional single family homes. Mobile homes placed in said zones could be subject to the same minimum develop- ment standards to which a conventional singfe family residential dwelling on the same lot would be subject, including, but not limited to, building setbacks, architectural and aesthetic requirements and minimum square footage requirements. Mobile homes would be an additional permitted use within the zones under this option. 2) Designate specific sites in single family zones for mobile homes. The City, under this option, would designate certain lots currently zoned for single family dwelling units for mobile home units, as well . Like the first option these units will be subject to the development standards of the zoning district. To implement this option a survey of vacant single family lots would need to be completed with criteria developed to determine which lots will be allowed to be developed with mobile homes. Under this option permitted uses would be expanded on specific lots to include mobile homes. 3) Redesignate areas currently zoned for single family to mobile homes. Under this option area zoned single family areas would be rezoned to mobile home subdivision. According to the Department of Housing and Community Develop- ment such zoning will meet the requirements of the new statute only if conven- tional single family structures are also allowed in such zones. The Legisla- tive Counsel also believes that the establishment of a residential mobile home subdivision district on land previously zoned for single family dwellings meet the designation requirement of the legislation. To implement this option all existing and future RM zones should be rezoned to R-1-M (Single Family Con- ventional/Mobile Home Residential District). STAFF RECOMMENDATION: Staff recommends that the Commission adopt option three and instruct staff to commence the public hearing process to amend various sections of the zoning ordinance. T 33 3{ �i ��•• 2 RNNK SI Trsn OF. 3 � ' 5 5, i i a mux.r av or. c e 3 tl � 1 C 3 � C • o -� v^ It Ewl I41- Fm EXISTING R-M ZONE ,1. CITY OF PALM DESERT PLANNING COMMISSION 0� RESOLUTION NO. DATE o m co c o of m to to %o v o 22 M 1� ••-I to 'N+* «. •O' �+. '' •, +r O to .r tY t` O r O to N t\ N l0� O In N r p1 M 1y m +O OI O) e-1 to l.n Y Ol O+ M N t0 NI Q+ O M N lO •-+ O � 1 M Oj m tOl l0 tO r a O Oi CDI O +� M M� M '" IEt Cl) }-m .-ItD .-I M rn oko r\ r\ Cl) r` I o u^] N N N OJ to .^^I .--I ti O . 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E D _ «` q !Q � LUGuaL 4cD L . v nnu Lc � NGE nQa oo2` E « u = EE 'u Nv ORDINANCE NO. 263 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF J ]901 PALM DESERT, CALIFORNIA, APPROVING AMENDMENTS TO CHAPTER 25.04 (DEFINITIONS) CHAPTER 25.22 (RM- ci;; c r; -.L ... MOBILE HOME PARK AND MOBILE HOME SUBDIVISION RESI- DENTIAL DISTRICT) OF THE ZONING ORDINANCE AND RE- ZONING ALL RM AND RM (U.A.-UPON ANNEXATION) ZONES TO R-1-M (CONVENTIONAL SINGLE FAMILY/MOBILE HOME RESIDENTIAL DISTRICT). CASE NOS 007- 1 and C/Z 04-81 . 1 WHEREAS, the City Council of the City of Palm Desert, California did on• the llth day of June, 1981 , hold a duly noticed Public Hearing to consider various amendments to the Zoning Ordinance pertaining to Mobile Homes and to consider the rezoning of all R.M. and R.M. (U.A. ) districts to R-1-M; and, WHEREAS, the Planning Commission, by Resolution No. 712 has recom- mended approval ; and, WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89" , in that the Director of Environmental Services has determined that the project is a Class V Categorical Exemption and no further environmental documentation is necessary; and, WHEREAS, at said Public Hearing, upon hearing and considering the testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts to justify their recom- mendations as described below: , 1 . Zoning Ordinance Amendment': a. That the Zoning Ordinance Amendment is consistent j- ! 1 with the objectives of the Zoning Ordinance. Jb. That the Zoning Ordinance Amendment is consistent with the adopted General Plan and effected Specific Plans. c. That the Zoning Ordinance Amendment would better serve the public health, safety and general wel- fare than the current regulations. d. That the Zoning Ordinance Amendment implements California State Senate Bill 1960. 2. Change of Zone: a. The land use resulting from the Change of Zone would be compatible with adjacent existing and proposed land uses. b. The density resulting from the Change of Zone, would be compatible with densities permitted in the adjacent areas. c. The proposed Change of Zone would be consistent I with the adopted General Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, as follows: 1 . That the above recitations are true and correct and constitute the findings of the Council in these cases; 2. That it does hereby approve a Zoning Ordinance Text Amendment, as provided in the attached Exhibit, labeled Exhibit "A" , to amend Municipal Code Section 25.04.545 and Chapter 25.22. 3. That it does hereby approve a Change of Zone from RM ORDINA14CE NO. 263 PAGE TWO 3. (Continued) (Mobile Home Park and Mobile Home Subdivision Resi- dential District) and RM (U.A.-Upon Annexation) to R-1-M (Single Family/Mobile Home Residential District) as shown on the attached map labeled Exhibit "B" . 4. The City Clerk is directed to publish this Ordinance once in the Palm Desert Post, a newspaper of general circulation, published and circulated in the City of ii Palm Desert, and shall certify to the passage of adoption of this Ordinance, and the same shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council , held on this June day of 25th 1981 , by the following vote, to wit: AYES: McPherson, Newbrander, Puluqi , Snyder & Wilson NOES: None ABSENT: None ABSTAIN: ?lone S. Y ?(SON, Mayor ' ' ATTEST- S H''E , er ))) City of Palm Desert, Califo 'a /pa J l n - CITY COUNCIL ORDINANCE�Nb. 263 PAGE THREE EXHIBIT A ZONING ORDINANCE TEXT AMENDMENTS Section 1 : That Section 25.04.545 of the Municipal Code of the City of Palm Desert, California, is hereby amended to read as follows: "25.04.545 Mobile Home: "Mobile Home" means a structure designed and equipped for human habitation, and for being drawn by a motor vehicle, to be used with or with- out a foundation system. Mobile Home does not include a recreational vehicle, com- mercial coach or factory built housing" . Section 2: That Chapter 25.22 of the Municipal Code of the City of Palm Desert, California is hereby amended to read as follows: Chapter 25.22 R-1-M SINGLE FAMILY/MOBILE HOME RESIDENTIAL DISTRICT Sections: 25.22.010 Purpose. 25.22.020 Permitted uses. 25.22.030 Conditional uses. 25.22.040 Minimum area. 25.22.050 Area of lot. 25.22.060 Density. 25.22.070 Intensity of use. 25.22.080 Minimum project lot width. 25.22.090 Minimum project front yard. 25.22. 100 Minimum project rear yard. 25.22. 110 Minimum project side yard. 25.22. 120 Minimum project side street yard. 25.22. 130 Setback on individual space or lot. 25.22. 140 Building height. 25. 22. 150 Off-street parking and loading requirements. 25.22.160 Utilities. 25.22. 170 Trash handling. 25.22. 180 Signs. 25.22. 190 Site plan review. 25.22.200 Private streets . 25.22. 210 Guest parking. 25.22.220 Street lighting. 25.22.230 Accessory buildings. 25.22.240 Community use area. 25.22.250 Exterior boundaries abutting a public street. 25. 22.260 Exterior boundaries not abutting a public street. 25.22.270 Access . 25.22.280 Trailer and boat storage. 25.22.290 Recessing. "25.22.10 Purpose: The R-I-M district provides for the permanent placement and occupancy of single family dwelling units, factory built dwelling units or mobile homes for residential purposes on purchased, rented or leased lots . It is further the intent of this district to stabilize and protect the residential character of the area and to promote a better living environment through high quality property development standards" 25.22.020 Permitted uses. The following uses shall be permitted: none. (Ord. 94 §1 part 1975: Exhibit A 25. 13-2). 25.22.030 Conditional uses. The following uses shall be permitted subject to a conditional use permit: A. Day nurseries and nursery schools; B. Educational institutions; C. Mobile homes; D. Private and public accessory buildings and uses, including home occupations, storage areas , and other similar accessory uses on individual lots , such as domestic animals; E. Public parks and recreational facilities; and F. Public utility and public service facilities. CITY COUNCIL ORDINANCE iu. 263 PAGE FOUR EXHIBIT A (CONTINUED) G. Single family dwelling unit or factory built housing. (Ord. 94 §1 (part) , 1975: Exhibit A 25. 13-3). 25.22.040 Minimum area. The minimum area for a project shall be twenty acres. rd. 99 §1 (part), 1975: Exhibit A §25.13-4.01 ) . 25.22.050 Area of lot. The minimum area for a space or lot shall be five thousand square feet. Ord. 94 §1 (part) , 1975: Exhibit A §25. 13-4.03). 25. 22.060 Densit . The density of a RRroject shall be seven units per net acre. Ord. 94 1 part) , 1975: Exhibit A 325. 13-4.03). 25.22.070 Intensity of use. There shall be not more than one mobile home or dwelling unit per lot or space. (Ord. 94 §1 (part) 1975: Exhibit A §25.13-4.04) . 25.22.080 Minimum rojec lot width. The minimum project lot width shall be five hundred feet. Ord. 94 1 part 1975: Exhibit A §25.13-4.05). 25. 22.090 Minimum roject front ard. The minimum front yard shall be twenty feet. Ord. 94 1 part , 1975: Exhibit A 525.13-4.06) . 25.22.100 Minimum project rear yard. The minimum rear yard shall be ten feet. Ord. 94 M part), 1975: Exhibit A §25.13-4.07). 25. 22.110 Minimum project side yard. The minimum side yard shall be ten feet. Ord. 94 1 kpart _. 1915: Exhibit A §25.13-4.08) . 25.22. 120 Minimum Project side street yard. The minimum side street yard shall be twenty feet. Ord. 94 25.13-4.09 . 25. 22. 130 Setback on individual space or lot. The minimum yard setback on an individual space or lot shall be five feet or as approved (Ord. 94 51 (part) , 1975: Exhibit A §25.13-4.10). 25.22. 140 Building height. The maximum building height shall be one story or i eighteen feet whichever is less. (Ord. 94 §1 (part) , 1975: Exhibit A 525.13-4.11 ) . J 25. 22. 150 Off-street parking and loadin re uirements . All parking and loading shall comply with the provisions of Chapter 25.58. Ord. 94 §1 (part), 1975: Exhibit A §25.13-4.12) . 25.22. 160 Utilities. For Provisions regarding utilities, see §25.56.090. (Ord. 94 1 (part , 1975: Exhibit A §25. 13-4.13). 25.22. 170 Trash handlin . A trash enclosure will be provided for all uses, unless the proposed location of the trash area is completely enclosed by walls or buildings. The freestanding trash enclosure shall be constructed of masonry block. No trash shall be allowed to extend above or beyond the enclosure. (Ord. 94 Sl (part) , 1975: Exhibit A §25. 13-4. 14). 25. 22. 180 Si ns. All signs shall be in compliance with Chapter 25.68. (Ord. 94 1 part 1975: Exhibit A §25. 13-4. 15). 25.22. 190 Site Plan review. All uses shall be subject to site plan review as prescribed in Chpater 25. 70. (Ord. 94 §1 (part) , 1975: Exhibit A §25.13-4.16) . 25.22.200 Private streets. A minimum width of private streets shall be thirty feet as measured from back of curb to back of curb. The streets shall have curbs and be paved with asphaltic concrete or equivalent material . (Ord. 94 §1 (part), 1975: Exhibit A §25. 13-5.01 ). 25.22.210 Guest parking. Guest automobile Parking areas shall be provided at a minimum ratio of one parking space for each ten lots. (Ord. 94 §1 (part) , 1975: Exhibit A 525. 13-5.02). •f \ 1 I ARM dbb 33 3i � i• RIlnNK 51 TM 00.. ,/ — _ 93 �1 y' i I i m noP o cq 3 - � " F' pO r� yI 9" •J.t � V 1-20 ri m' li �I • 4 I�� 7� 3 � ' Lid � � v Ps �., r. ram; :� EXISTING R-M ZONE I CITY OF PALM DESERT CITY COUNCIL ORDINANCE NO. 263 � 2 o �� DATE - June 25, 1981 CITY COUNCIL ORDINANCE NO. 263 PACE FIVE EXHIBIT A (CONTINUED) 25 22 220 Street lighting. Street lighting shall be provided along the orivate streets for the safety of pedestrians. (Ord. 94 §1 (part) , 1975: Exhibit A §25.13-5.04) . 25.22.240 Community use area. The minimum ratio of community use areas shall be four hundred square feet of such area for each dwelling unit lot or space. Such land may include all land devoted to recreation and service facilities and land- scaping not included within lots. (Ord. 94 §1 (part) , 1975: Exhibit A §25. 13-5.05) . 25 22 250 Exterior boundaries abutting a public street. Exterior boundaries of the park abutting a public street shall be provided with a six-foot-high masonry wall or fence designed to create an attractive border. In addition, a setback of at least ten feet in depth shall be maintained as landscaped open space between any perimeter street and the required wall . (Ord. 94 51 (. ) , 1975: Exhibit A §25.13-5.06). 25 22 260 Exterior boundaries not abutting a public street. Exterior boundaries of the project which do not a ut a public street shall be bounded by a six-foot- high masonry wall . (Ord. 94 1 (part) , 1975: Exhibit A §25.13-5.07). 25.22.270 Access. A minimum of two vehicular entrances shall be provided for each project. Ord. 94 §1 (part) , 1975: Exhibit A §25.13-5.08) . 25 22 280 Trailer and boat storage. Trailer and boat storage area shall be provided at the minimum ratio of fifty square feet of land for each dwelling unit, space or lot. (Ord. 94 §1 (part) , 1975: Exhibit A §25.13-5.09). 25.22.290 Recessing. All dwelling units shall be recessed to provide fpr ground level entry to the dwelling unit. (Ord. 94 Sl (part), 1975: Exhibit A 25.13-5.10) . CITY OF PALM DESERT TRANSMITTAL LETTER I. TO: Honorable Mayor and City Council II. REQUEST: Consideration of amendments to the Palm Desert Zoning Ordinance, amending Chapter 25.04 (Definition) and Chapter 25.22 (Mobile Homes) and rezoning areas current- ly zoned RM (Mobile Home Residential District) or RM (U.A.-upon annexation) to R-1-M (Single Family/Mobile Home Residential District) . III. APPLICANT: City of Palm Desert IV. CASE NOS: ZOA 07-81 and C/Z 04-81 V. DATE: June 11 , 1981 VI. CONTENTS: A. Staff Recommendation. B. Discussion. C. Draft Ordinance No. D. Planning Commission Minutes involving Case Nos. ZOA 07-81 and C/Z 04-81 . E. Planning Commission Resolution No. 712. F. Planning Commission Staff Reports dated May 20, 1981 and April 15, 1981 . G. Related exhibits. ----------- ---------------------------------------------------------------------- A. STAFF RECOMMENDATION: Waive further reading and pass to second reading. B. DISCUSSION: These proposed Amendments and Zone Changes were reviewed and unanimously recommended for approval by the Planning Commission (5-0) at the meeting of May 20, 1981 . The Amendments and Zone Changes are to implement S.B. 1960. The Legislation in question precludes Cities from prohibiting manufactured (mobile) homes from lots zoned for single family dwelling units. The Legislation provided Cities with the option of either designating every R-1 lot for mobile home use, designating certain R-1 lots for mobile home use or redesignating areas currently zoned for R-1 to a combination Single Family/Mobile Home use. The Commission chose the third option. In addition, the Commission elected to amend the Municipal Code to allow conventionally built single family dwelling units on lots currently zoned for mobile home use only. This Zone Change will have little, if any, effect on exising mobile home parks or developed mobile home subdivisions. The new zoning designation will be R-l-M (Conventional Single Family/Mobile Home Residential District) and will cover all areas currently zoned R-M in Palm Desert and those areas currently zoned R-1 12,000 in Riverside County but, which have received preannexation zoning of RM. The Zoning Ordinance text amendments do the following: 1 . Redefine Mobile Home to coincide with the State definition; and 2. Change the wording of Chapter 25.22 (RM-Mobile Home Park and Mobile Home Subdivision Residential District) to reflect the integration of conventional single family dwelling units and mobile homes. TRANSMITTAL LETTER PAGE TWO CASE NOS: ZOA 07-81 and C/Z 04-81 JUNE 11 , 1981 B. DISCUSSION (CONTINUED) Commissioner Kryder was concerned that these amendments would not implement the intent of S.B. 1960. Staff and Commissioner Berkey in- dicated that the Department of Housing and Community Development and the Legislative Counsel believe such zoning as proposed, would meet S.B. 1960 requirements if conventional single family units are permitted in the zones. In addition, a representative from Western Manufactured Housing Institute stated that the proposed method does implement S.B. 1960, although the method is not exactly what they .had in mind when pushing the legislation. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AMENDMENTS TO ChAPTER 25.04 uEriiii :JrS) CHAPIEM 25.22 ( ii- MOBILE HOME PARK AND MOBILE HOME SUBDIVISION RESI- DENTIAL DISTRICT) OF THE ZONING ORDINANCE AND RE- ZONING ALL R14 AND RM (U.A.-UPON ANNEXATION) ZONES TO R-1-M (CONVENTIONAL SINGLE FAMILY/MOBILE HOME RESIDENTIAL DISTRICT). CASE NOS. ZOA 07-81 and C/Z 04-81 . WHEREAS, the City Council of the City of Palm Desert, California did on the llth day of June, 1981 , hold a duly noticed Public Hearing to consider various amendments to the Zoning Ordinance pertaining to Mobile Homes and to consider the rezoning of all R.M. and R.M. (U.A. ) districts to R-1-M; and, WHEREAS, the Planning Commission, by Resolution No. 712 has recom- mended approval ; and, WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89" , in that the Director of Environmental Services has determined that the project is a Class V Categorical Exemption and no further environmental documentation is necessary; and, WHEREAS, at said Public Hearing, upon hearing and considering the testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts to justify their recom- mendations as described below: 1 . Zoning Ordinance Amendment: a. That the Zoning Ordinance Amendment is consistent with the objectives of the Zoning Ordinance. + b. That the Zoning Ordinance Amendment is consistent with the adopted General Plan and effected Specific Plans. c. That the Zoning Ordinance Amendment would better serve the public health, safety and general wel- fare than the current regulations. d. That the Zoning Ordinance Amendment implements California State Senate Bill 1960. 2. Change of Zone: a. The land use resulting from the Change of Zone would be compatible with adjacent existing and proposed land uses. b. The density resulting from the Change of Zone, would be compatible with densities permitted in the adjacent areas. c. The proposed Change of Zone would be consistent with the adopted General Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, as follows: 1 . That the above recitations are true and correct and constitute the findings of the Council in these cases; 2. That it does hereby approve a Zoning Ordinance Text Amendment, as provided in the attached Exhibit, labeled Exhibit "A" , to amend Municipal Code Section 25.04.545 and Chapter 25.22. 3. That it does hereby approve a Change of Zone from RM ORDINA14CE NO. PAGE TWO 3. (Continued) (Mobile Home Park and Mobile Home Subdivision Resi- dential District) and RM (U.A.-Upon Annexation) to R-1-M (Single Family/Mobile Home Residential District) as shown on the attached map labeled Exhibit "B" . 4. The City Clerk is directed to publish this Ordinance once in the Palm Desert Post, a newspaper of general circulation, published and circulated in the City of Palm Desert, and shall certify to the passage of adoption of this Ordinance, and the same shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council , held on this day of by the following vote, to wit: AYES: NOES: ABSENT: ABSTAI14: S. ROY WILSON, Mayor ATTEST: SHEILA R. GILLIGAN, City Clerk ` City of Palm Desert, California /pa CITY COUNCIL ORDINANCE NO. PAGE THREE EXHIBIT A ZONING ORDINANCE TEXT AMENDMENTS Section 1 : That Section 25.04.545 of the Municipal Code of the City of Palm Desert, California, is hereby amended to read as follows: "25.04.545 Mobile Home: "Mobile Home" means a structure designed and equipped for human habitation, and for being drawn by a motor vehicle, to be used with or with- out a foundation system. Mobile Home does not include a recreational vehicle, com- mercial coach or factory built housing" . Section 2: That Chapter 25.22 of the Municipal Code of the City of Palm Desert, California is hereby amended to read as follows: Chapter 25.22 R-1-M SINGLE FAMILY/MOBILE HOME RESIDENTIAL DISTRICT Sections: 25.22.010 Purpose. 25.22.020 Permitted uses. 25.22.030 Conditional uses. 25.22.040 Minimum area. 25.22.050 Area of lot. 25.22.060 Density. 25.22.070 Intensity of use. 25.22.080 Minimum project lot width. 25.22.090 Minimum project front yard. 25.22. 100 Minimum project rear yard. 25.22. 110 Minimum project side yard. 25.22.120 Minimum project side street yard. 25.22. 130 Setback on individual space or lot. 25. 22. 140 Building height. 25. 22.150 Off-street parking and loading requirements. 25.22.160 Utilities. 25.22. 170 Trash handling. 25.22. 180 Signs. 25.22. 190 Site plan review. 25.22.200 Private streets. 25.22.210 Guest parking. 25.22.220 Street lighting. 25.22.230 Accessory buildings. 25.22.240 Community use area. 25. 22.250 Exterior boundaries abutting a public street. 25.22.260 Exterior boundaries not abutting a public street. 25.22.270 Access. 25.22.280 Trailer and boat storage. 25.22.290 Recessing. "25.22. 10 Purpose: The R-1-M district provides for the permanent placement and occupancy of single family dwelling units, factory built dwelling units or mobile homes for residential purposes on purchased, rented or leased lots. It is further the intent of this district to stabilize and protect the residential character of the area and to promote a better living environment through high quality property development standards". 25.22.020 Permitted uses. The following uses shall be permitted: none. (Ord. 94 §1 (part) , 1975: Exhibit A 25. 13-2) . 25.22.030 Conditional uses. The following uses shall be permitted subject to a conditional use permit: A. Day nurseries and nursery schools ; B. Educational institutions; C. Mobile homes; D. Private and public accessory buildings and uses, including home occupations , storage areas, and other similar accessory uses on individual lots, such as domestic animals; E. Public parks and recreational facilities; and F. Public utility and public service facilities. CITY COUNCIL ORDINANCE Nu. PAGE FOUR EXHIBIT A (CONTINUED) G. Single r__" A, .-, ling unit or fac`_:_ b ilt (.^,rd. 1975: Exhibit A 325. 13-3). 25.22.040 Minimum area. The minimum area for a project shall be twenty acres. rd. 99 §1 part , 9975: Exhibit A §25.13-4.01 ) . 25.22.050 Area of lot. The minimum area for a space or lot shall be five thousand square feet. Ord. 94 §1 (part) , 1975: Exhibit A §25.13-4.03) . 25.22.060 Densit . The density of a project shall be seven units per net acre. Ord. 94 1 part) , 1975: Exhibit A 925.13-4.03). 25.22.070 Intensity of use. There shall be not more than one mobile home or dwelling unit per lot or space. (Ord. 94 §1 (part) 1975: Exhibit A §25. 13-4.04) . 25.22.0" Minimum rojec lot width. The minimum project lot width shall be five hundred feet. Ord. 94 1 part , 1975: Exhibit A §25. 13-4.05) . 25. 22.020 Minimum roject front yard. The minimum front yard shall be twenty feet. Ord. 94 1 part 1975: Exhibit A 525.13-4.06) . 25.22. 100 Minimum project rear yard. The minimum rear yard shall be ten feet. Ord. 94 51 (part) , 1975: Exhibit A §25.13-4.07) . 25. 22.110 Minimum project side yard. The minimum side yard shall be ten feet. Ord. 94 91 (part) , 1975: Exhibit A §25.13-4.08). 25.22. 120 Minimum roject side street yard. The minimum side street yard shall be twenty feet. Ord. 94 25.13-4.09 . 25.22. 130 Setback on individual space or lot. The minimum yard setback on an individual space or lot shall be five feet or as approved (Ord. 94 §1 (part) , 1975: Exhibit A §25. 13-4. 10). 21.22.140 Building height. The maximum building height shall be one story or eighteen feet whichever is less. (Ord. 94 §1 (part) , 1975: Exhibit A §25.13-4.11 ) . l 25. 22. 150 Off-street parking and loading requirements. All parking and loading shall comply with the provisions of Chapter 25.58. Ord. 94 91 (part) , 1975: Exhibit A §25. 13-4.12). 25. 22. 160 Utilities. For provisions regarding utilities , see §25. 56.090. (Ord. 94 1 part , 1975: Exhibit A §25. 13-4. 13). 25.22. 170 Trash handling. A trash enclosure will be provided for all uses, unless the proposed location of the trash area is completely enclosed by walls or buildings. The freestanding trash enclosure shall be constructed of masonry block. No trash shall be allowed to extend above or beyond the enclosure. (Ord. 94 Sl (part) , 1975: Exhibit A §25.13-4. 14). 25. 22. 180 Si ns. All signs shall be in compliance with Chapter 25.68. (Ord. 94 1 part , 1975: Exhibit A §25. 13-4. 15). 25.22. 190 Site Plan review. All uses shall be subject to site plan review as prescribed in Cheater 25. 70. (Ord. 94 §1 (part) , 1975: Exhibit A §25.13-4. 16). 25.22.200 Private streets. A minimum width of private streets shall be thirty feet as measured from back of curb to back of curb. The streets shall have curbs and be paved with asphaltic concrete or equivalent material . (Ord. 94 §1 (part) , 1975: Exhibit A §25. 13-5.01 ). 25.22.210 Guest parking. Guest automobile parking areas shall be provided at a minimum ratio of one parking space for each ten lots. (Ord. 94 §1 (part), 1975: Exhibit A 925. 13-5.02). CITY COUNCIL ORDINANCE NO. PACE FIVE EXHIBIT A (CONTINUED) 2522.220 Street lighting. Street lightinq shall be provided along the orivate streets for the safety of pedestrians, (Ord. 94 §1 (part) , 1975: Exhibit A §25. 13-5.04). 25.22. 240 Community use area. The minimum ratio of community use areas shall be four hundred square feet of such area for each dwelling unit lot or space. Such land may include all land devoted to recreation and service facilities and land- scaping not included within lots. (Ord. 94 §1 (part) , 1975: Exhibit A §25.13-5.05) . 25.22.250 Exterior boundaries abutting a public street. Exterior boundaries of the park abutting a public street shall be provided with a six-foot-high masonry wall or fence designed to create an attractive border. In addition, a setback of at least ten feet in depth shall be maintained as landscaped open space between any perimeter street and the required wall . (Ord. 94 51 (oart) , 1975: Exhibit A §25. 13-5.06). 25. 22.260 Exterior boundaries not abutting a public street. Exterior boundaries of the project which do notut a public street shall be bounded by a six-foot- high masonry wall . (Ord. 941 1 (part), 1975: Exhibit A §25. 13-5.07). 25.22.270 Access. A minimum of two vehicular entrances shall be provided for each project. Ord. 94 §1 .(part) , 1.975: Exhibit A §25.13-5.08) . 25.22. 280 Trailer and boat storage. Trailer and boat storage area shall be provided at the minimum ratio of fifty square feet of land for each dwelling ,unit, space or lot. (Ord. 94 §1 (part) , 1975: Exhibit A §25. 13-5.09) . 25.22.290 Recessing. All dwelling units shall be recessed to provide %p ground level entry to the dwelling unit. (Ord. 94 S1 (part) , 1975: Exhibit A 325.13-5.10). 1_ . I 36TN AM 3Z !2 33 33 3f .wl fl IK 91 Tfu OR. i 5 i mn+r clue oe. c's 3 4 � tl;v I 9I1. 1p 13 a F 1. 1 •;� aka 1 EXISTING R-M ZON E lHi CITY OF PALM DESERT CITY COUNCIL OOP BOO � ORDINANCE NO. 7;s;e-3 51 o Co B DATE MINUTES PALM DESERT PLANNING COMMISSION MEETING WEDNESDAY - MAY 20, 1981 1!00 P.M. - CITY HALL COUNCIL CHAMBERS :. �;:e O The\e`gularly scheduled meeting of the Palm Desert PI ning Commission was called order at 1:00 p.m. by Chairman Miller in e City Hall Council Chambers. II. PLEDGE OF ALL GIANCE - Commissioner Richards . III. ROLL CALL Members Present: Commissioner Be 'ey ommissioner - yder C missioner cLachlan Com `ssiona Richards Chair ' filler Staff Present: Ray D"az, irector of Environmental Services Sta Sawa, incipal Planner S eve Smith, sociate Planner ohn DosSantos, ssistant Planner Phil Drell , Assis ant Planner Linda Russell , Pla . �g Secretary Others Present- ,, Barry McClellan, Direc or of Public Works Eric Vogt, Fire Marshal ` IV. APPROVAL OF MINUTES A. inutes of the meeting of May 5, 1981. M ion was made by Commissioner Berkey, seconded by Commis ioner Kryder, to approv the minutes as submitted. Carried unanimously (5-0). V. WRITTEN COMMUNICATIONS - NONE PUBLIC HEARINGS A. Case Nos. ZOA 07-81 and C/Z 04-81 - CITY OF PALM DESERT, Applicant Request for consideration of an amendment to the Palm Desert Zoning Ordinance, amending Chapter 25.04 and Chapter 25.22 pertaining to the integration of single family dwelling units and mobile homes. Mr. DosSantos presented this case stating that this amendment is to implement Senate Bill 1960, which precludes cities from prohibiting manufactured homes on permanent foundations, in areas zoned for single family units. He stated that Commission requested redesignation of areas currently zoned mobile home and some areas currently zoned single family to a combined Conventional Single Family/Mobile Home zone (R-1-M). He reviewed the areas affected and indicated that this amendment would implement SB 1960 according to the Department of Housing and Community Develop- ment and Western Manufactured Housing Institute. Staff recommended approval . Commissioner Kryder was still concerned whether or not this amendment would implement SB 1960. He felt that the intent was to allow Mobile Homes in single - family lots. Mr. DosSantos stated that allowing integration of single family homes in the RM zone would meet the intent. Commissioner Kryder referred to a report from the Legislative Counsel and asked if this proposed method would be meeting their intent. Commissioner Berkey read the report from the Legislative Counsel and clarified that the proposed method would implement SB 1960. i 'Y. MINUTES ssµ PALM DESERT PLANNING COMMISSION MEETING MAY 20, 1981 Page Two * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * + * * * * y + * - VI. PUBLIC HEARINGS (cont. ) Commissioner Kryder asked for a clarification on the type of permanent foundation for the mobile homes. Mr. Diaz stated that the Uniform Building Code would be implementing the type of foundation. Commissioner Kryder then pointed out that using pilings would be rejected. Discussion occurred over the intent of the new law where Mr. Diaz explained that he felt the intent was to allow mobile home owners to own their lot. Commis- sioner Kryder disagreed. Chairman Miller pointed out that the City Attorney felt this proposed amendment would implement the intent. Chairman Miller opened the Public Hearing and asked if anyone present wished to speak in FAVOR or OPPOSITION to this case. There being none, the Public Hearing was closed. Motion was made by Commissioner Berkey, seconded by Commissioner McLachlan, to recommend approval to the- City Council of this amendment by adoption of Planning Commission Resolution No. 712. Carried unanimously (5-0) . Case No. C/Z 03-81 (UA) - DAVID FREEDMAN AND COMPANY, INC.,,�and BALLEW-MCFARLAND, INC. , Applicants r Changge of Zone upon annexation from W-2-20 (Riverside unty) to PC (2) (Planned District Commercial ) zone='((81.3 ac s) and PR-5 (Planned Residential 5 d.u:/acre, Jnaximum density) zone, (671.9 acres), or other zones as d6emed approp iate, generally located south of Interst; to 10, between el Safari Road and Portola Avenue (extended) , north of Frank inatra Drive. Mr. Sawa presente this case pointing out their ocation and the adjacent zoning. He stated that th request is in compliance with the General Plan but Section D, as proposed on t east side of Cook Stfeet, would have to be eliminated or relocated next to area "E' to the western porfion of area "G". Mr. Sawa indicated that Portola Avenue and Cook S eet would be expended to I-10, and Frank Sinatra Dr. and 36th Avenue would be extende in an east-west direction. Staff recommended approval . Commissioner Kryder stated th t is area was previously reviewed and at that time it was noted that it was a potent' 1 flood area, therefore, density was to be kept as low as possible. He asked w y was now being changed to PR-5. Mr. Diaz explained that in order to provide or pu lic improvements, after General Plan hearings it was determined that i would b impossible to keep a density of 0-3. He indicated that as developmen occurs the evelopers would be required to provide adequate flood protection. Commissioner Richard- asked why Section D as being recommended not to be commercially zoned in the/area proposed by the app icant. Mr. Sawa explained that it does not conform to the Land Use Element of the neral Plan. It was noted that as staff's recommendation to relocate this section, t e same acreage would be provided. Chairman Mi/r opened the Public Hearing and ask d if the applicant wished to make a presentption. MR. FR�D ARBUCKLE, Ballew-McFarland, stated that they oncur with staff's modificatioonns' and explained that a future flood channel would proposed. Commissioner Richards expressed a concern for Planned Resid ntial next to the railroad tracks. Mr. Arbuckle explained how they propose to pro ide a landscape buffer and block wall to eliminate the railroad noise. PLANNING COMMISSION RESOLUTION NO. PAGE TWO 3. That the Planning Commission does hereby recommend to the City Council approval Of a Cnange of Zone from RM (Mobile Home Park and Mobile Home Subdivision Residential District) to R-1-M (Single Family/Mobile Home Residential District) as shown on the attached map labeled Exhibit "B". PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this day of , 1981 , by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CHARLES MILLER, Chairman ATTEST: RAMON A. DIAZ, Secretary t .. I PLANNING COMMISSION RL.,J ION NO. PAGE THREE EXHIBIT A ZONING ORDINANCE TEXT AMENDMENTS Section l : That Section 25.04.545 of the Municipal Code of the City of Palm Desert, California, is hereby amended to read as follows: "25.04. 545 Mobile Home:"Mobile Home" means a structure designed and equipped for human habitation, and for being drawn by a motor vehicle, to be used with or with- out a foundation system. Mobile Home does not include a recreational vehicle, com- mercial coach or factory built housing". Section 2: That Chapter 25.22 of the Municipal Code of the .City of Palm Desert, California is hereby amended to read as follows: Chapter 25.22 R-1-14 SINGLE FAMILY/MOBILE HOME RESIDENTIAL DISTRICT Sections: 25.22.010 Purpose. 25.22.020 Permitted uses. 25.22.030 Conditional uses. 25.22.040 Minimum area. 25.22.050 Area of lot. 25.22.060 Density. 25.22.070 Intensity of use. 25.22.080 Minimum project lot width. 25.22.090 Minimum project front yard. 25.22.100 Minimum project rear yard. 25.22. 110 Minimum project side yard. ( 25.22.120 Minimum project side street yard. {l 25.22.130 Setback on individual space or lot. 25.22. 140 Building height. 25.22.150 Off-street parking and loading requirements. 25.22.160 Utilities. i 25. 22. 170 Trash handling. 25.22.180 Signs. 25.22.190 Site plan review. 25.22.200 Private streets. 25.22.210 Guest parking. 25.22.220 Street lighting. 25.22.230 Accessory buildings. 25.22.240 Community use area. 25.22.250 Exterior boundaries abutting a public street. 25.22.260 Exterior boundaries not abutting a public street. 25.22.270 Access. 25.22.280 Trailer and boat storage. 25.22.290 Recessing. "25.22. 10 Purpose: The R-1-M district provides for the permanent placement and occupancy of single family dwelling units, factory built dwelling units or mobile homes for residential purposes on purchased, rented or leased lots. It is further the intent of this district to stabilize and protect the residential character of the area and to promote a better living environment through high quality property development standards". 25.22.020 Permitted uses. The following uses shall be permitted: none. (Ord. 94 51 (part) , 1975: Exhibit A 525.13-2) . 25.22.030 Conditional uses. The following uses shall be permitted subject to a conditional use permit: A. Day nurseries and nursery schools; B. Educational institutions ; C. Mobile homes; D. Private and public accessory buildings and uses , including home occupations, storage areas, and other similar accessory uses on individual lots , such as domestic animals; E. Public parks and recreational facilities ; and F. Public utility and public service facilities. Yy • ��ni �y C7 T'1 � n . bO C 7 L!1 rL_fJEJ.I STAFF REPORT To: Planning Commission Report on: Zoning Ordinance Amendment and Change of Zone regarding integration of Mobile Homes and Single Family dwelling units. Applicant: City of Palm Desert Case Nos: ZOA 07-81 and C/Z 04-81 Date: May 20, 1981 I. REQUEST: Consideration of an amendment to the Palm Desert Zoning Ordinance, amending Chapter 25.04 and Chapter 25.22, pertaining to the integration of Single Family dwelling units and Mobile Homes. II. BACKGROUND: A. ENVIRONMENTAL ASSESSMENT: The Director of Environmental Services has determined that the proposed project is a Class V Categorical exemption and no further environmental documentation is deemed necessary. B. CASE INITIATION: The Planning Commission at the meeting of April 15, 1981 , initiated this amendment establishing this date for Public Hearing. III. DISCUSSION: This Ordinance' Amendment and Change of Zione are proposed to implement S.B. 1960, which essentially precludes cities from prohibiting Mobile Homes on permanent foundations in areas zoned for single family units. Three options to implement S.B. 1960 were identified and discussed on April 15, 1981 . The Commission chose option three, which integrates currently zoned RM (Mobile Home Residential Zones) districts with the R-1 (Single Family) zones. The new zone will be designated R-1 -M (Single Family/Mobile Home Residential District) . Staff feels that the text amendments and Change of Zone will implement the intent of S.B. 1960. IV. STAFF RECOMMENDATION: Staff would recommend that the Planning Commission adopt Resolution No. "A Resolution of the Planning Commission of the City of Palm Desert, California, amending various sections of Chapter 25.04 (definitions) and Chapter 25.22 (RM - Mobile Home Park and Mobile Home Sub- division Residential District) of the Municipal Code and rezoning all RM zones to R-1-M (Single Family/ Mobile Home Residential District)". PLANNING COMMISSION RESOLUT:�[, 16._ A RESOLUTION OF THE PLANNING COMMISSION C7 THE C:-Y OF PALM DESERT, CALIFORNIA, AMENDING VARIOUS SECTIONS OF CHAPTER 25.04 (DEFINITIONS) AND CHAPTER 25.22 (RM- MOBILE HOME PARK AND MOBILE HOME SUBDIVISION RESI- DENTIAL DISTRICT) OF THE MUNICIPAL CODE AND REZONING ALL RM ZONES TO R-1-M (SINGLE FAMILY/MOBILE HOME -- RESIDENTIAL DISTRICT) . CASE NOS: ZOA 07-81 and C/Z 04-81 WHEREAS, the Planning Commission of the City of Palm Desert,- California, did on the 20th day of May, 1981 , hold a duly noticed Public Hearing to consider an initiation by the PALM DESERT PLANNING COMMISSION of amendments of Municipal Code Chapter 25.04 (Definitions) and Chapter 25.22 (R-M: Mobile Home Park and Mobile Home Subdivision Residential District) and a Change of Zone from RM to R-1-M (Single Family/Mobile Home Residential District) for properties currently zoned RM as depicted on the adopted zoning map of the City; WHEREAS, said amendments have complied with the requirements of the "City of Palm Desert Procedures to Implement the California Enviromental Quality Act, Resolution No. 80-89" , in that the Director of Environmental Services has determined that the project will not have a significant adverse impact on the environment and is a Class V Categorical Exemption; and, WHEREAS, at said Public Hearing, upon hearing and considering .the testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts to justify their recom- mendations as described below: 1 . Zoning Ordinance Text Amendment: r a. That the Zoning Ordinance Amendment is consistent Ill with the objectives of the Zoning Ordinance. b. That the Zoning Ordinance Amendment is consistent with the adopted General Plan/and effected Specific Plans. c. That -the Zoning Ordinance Amendment would better serve the public health, safety, and general welfare than the current regulations. d. That the Zoning Ordinance Amendment implements California State Senate Bill 1960. 2. Change of Zone a. The land use resulting from the Change of Zone would be compatible with adjacent existing and proposed land uses.. 11.1 b. The density resulting from the Change of Zone, would be compatible with densities permitted in the adjacent areas. c. The proposed Change of Zone would be consistent with the adopted General Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows: 1 . That the above recitations are true and correct and consti- tute the findings of the Commission in these cases; 2. That the Planning Commission does hereby recommend to the City Council approval of a Zoning Ordinance Text Amend- ment, as provided in the attached Exhibit, labeled Exhibit "A" , to amend Municipal Code Section 25.04.545 and Chapter 25.22. r. r,; PLANNING COMMISSION RESOLUTION NO. PAGE FOUR EXHIBIT A (CONTINUED) G. Single family dwelling unit or factory built housing. (Ord. 94 51 (part) , 1975: Ei: ibit A2`.13 ' 25.22.040 Minimum area. The minimum area for a project shall be twenty acres. rd. 99 Sl part , 1975: Exhibit A 525. 13-4.01 ). 25.22.050 Area of lot. The minimum area for a space or lot shall be five thousand square feet. Ord. 94 51 (part) , 1975: Exhibit A 525. 13-4.03) . 25.22.060 Densit The density of a project shall be seven units per net acre. Ord. 94 l part , 1975: Exhibit A 525.13-4.03) . 25.22.070 Intensity of use. There shall be not more than one mobile home or dwelling unit per lot or space. (Ord. 94 51 (part) 1975: Exhibit A 225.13-4.04) . 25.22.080 Minimum roject lot width. The minimum project lot width shall be five hundred feet. Ord. 94 1 part 1975: Exhibit A 525.13-4.05) . 25.22.090 Minimum project front yard. The minimum front yard shall be twenty feet. Ord. 94 1 (part , 1975: Exhibit A 25.13-4.06) . 25.22.100 Minimum project rear yard. The minimum rear yard shall be ten feet. Ord. 94 1 (part , 1975: Exhibit A 525.13-4.07). 25.22.110 Minimum project side yard. The minimum side yard shall be ten feet. Ord. 94 1 (part , 1975: Exhibit A 525.13-4.08). 25.22.120 Minimum roject side street yard. The minimum side street yard shall be twenty feet. Ord. 94 25. 13-4.09 . 25.22.130 Setback on individual space or lot. The minimum yard setback on an individual space or lot shall be five feet or as approved (Ord. 94 51 (part) , 1975: Exhibit A 525. 13-4. 10). 25.22.140 Building height. The maximum building height shall be one story or eighteen feet whichever is less. (Ord. 94 51 (part) , 1975: Exhibit A 525.13-4.11 ) . 25.22. 150 Off-street parking and loading requirements. All parking and loading shall comply with the provisions of Chapter 25.58. Ord. 94 51 (part) , 1975: Exhibit A 25.13-4.12). 25.22.160 Utilities. For provisions regarding utilities, see 525.56.090. (Ord. 94 51 (part) , 1975: Exhibit A 525. 13-4. 13) . 25.22. 170 Trash handling. A trash enclosure will be provided for all uses, unless the proposed location of the trash area is completely enclosed by walls or buildings. The freestanding trash enclosure shall be constructed of masonry block. No trash shall be allowed to extend above or beyond the enclosure. (Ord. 94 51 (part) , 1975: Exhibit A 525.13-4. 14) . 25.22. 180 Signs. All signs shall be in compliance with Chapter 25.68. (Ord. 94 51 (part) , 1975: Exhibit A S25.13-4.15) . 25.22.190 Site plan review. All uses shall be subject to site plan review as prescribed in Chapter 25.70. (Ord.94 51 (part) , 1975: Exhibit A 525. 13-4.16) . 25.22.200 Private streets. A minimum width of private streets shall be thirty feet as measured from back of curb to back of curb. The streets shall have curbs and be paved with asphaltic concrete or equivalent material . (Ord. 94 51 (part) , 1975: Exhibit A 825.13-5.01 ) . 25.22.210 Guest parking. Guest automobile parking areas shall be provided at a minimum ratio of one parking space for each ten lots. (Ord. 94 51 (part) , 1975: Exhibit A 525. 13-5.02) . I J PLANNING COMMISSION RESOLUTION NO. PAGE FIVE EXHIBIT A (CONTINUED) 25.22.220 Street Lighting. Street lighting shall be provided along the private streets for the safety of pedestrians. (Ord. 94 51 (part) , 1975: Exhibit A 925.13-5.04) . 25.22.240 Community use area. The minimum ratio of community use areas shall be four hundred square feet of such area for each dwelling unit lot or space. Such land may include all land devoted to recreation and service facilities and land- scaping not included within lots. (Ord. 94 51 (part) , 1975: Exhibit A 525.13-5.05) . 25.22.260 Exterior boundaries abutting a public street. Exterior boundaries of the park abutting a public street shall be provided with a six-foot-high masonry wall or fence designed to create an attractive border. In addition, a setback of at least ten feet in depth shall be maintained as landscaped open space between any perimeter street and the required wall . (Ord. 94 51 (part) , 1975: Exhibit A 525.13-5.06). 25.22.260 Exterior boundaries not abuttinga public street. Exterior boundaries of the project which do not abut a public street shall be bounded by a six-foot- high masonry wall . (Ord. 94 S1 (part) , 1975: Exhibit A S25. 13-5.07) . 25.22.270 Access. A minimum of two vehicular entrances shall be provided for each project. Ord. 94 51 (part) , 1975: Exhibit A 525.13-5.08) . 25.22.280 Trailer and boat storage. Trailer and boat storage area shall be provided at the minimum ratio of fifty square feet of land for each dwelling unit, space or lot. (Ord. 94 51 (part) , 1975: Exhibit A 525.1-3-5.09) . 25.22.290 Recessing. All dwelling units shall be recessed to provide for ground level entry to the dwelling unit. (Ord. 94 51 (part) , 1975: Exhibit A 525. 13-5.10) . CITY OF PALM DESERT STAFF REPORT To: Planning Commission Report on: Zoning Ordinance Clarification: Single Family Dwelling Case No: ZOC 02-81 Date: September 1 , 1981 I. DISCUSSION: The question has arisen concerning the distinction between a single family dwelling which is a permitted use within the R-1 and R-2 zones and manufactured, factory built, or mobile homes which are confined to the R-1-M zone. The intent of ZOA 07-81 , was to insure that houses within the R-1 and R-2 zones be constructed according to standards of the Uniform Building Plumbing and Electrical Codes as adopted by the City of Palm Desert. Structures built under Title 25 of the California State Health and Safety Code (mobile homes, manufactured housing, etc. ) would be allowed with Uniform Building Code built housing in the R-I-M zone. II. STAFF RECOMMENDATION: Adopt Resolution No. " A Resolution of the Planning Commission of the City of Palm Desert, California, clarifying the distinction for zoning purposes between single family dwelling units and factory built, manufactured or mobile homes" . PREPARED BY.:NX �,��rt�L��( REVIEWED BY 11f :• ;� 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 CITY OF PALM DESERT LEGAL NOTICE INITIATION BY THE PALM DESERT PLANNING COMMISSION OF A ZONE CHANGE OF ALL Rio (MOBILE HOME PARK ANO MOBILE HOME SUBDIVISION RESIDENTIAL DISTRICT) OR RM (U.A. ) (UPON ANNEXATION) TO R-1 -M (SINGLE FAMILY/MOBILE HOME RESIDENTIAL DISTRICT) AND AMENDING CHAPTER 25.22 (MOBILE HOME) OF THE ZONING ORDINANCE. THE PROPOSED PROJECT IS A CLASS V CATEGORICAL EXEMPTION AND NO FURTHER ENVIRONMENTAL DOCUMENTATION IS DEEMED NECES- SARY, CASE NOS. ZOA 07-81 AND C/Z 04-81 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert City Council to consider initiation by the PALM DESERT PLANNING COMMISSION, of a Zone Change of all RM (Mobile Home Park and Mobile Home Subdivision Residential District) or RM (U.A. )(Upon Annexation) , to P,-101 (Sinyle Family/Mobile Home Residential District) and amendment of Chapter 25. 2E (Mobile Home) of the Zoning Ordinance. The proposal is a Class V categorical exemption and no further environmental documentation is deemed necessary. , � n U.aaris voo� �rI �A- "JI '�tC�'• I >P -ir !_F-,i_": I`rT Y t�l.'� �h� ��( I � _ .\ W- � — :aij I�.. I l41r 11 - 11 It r 7 ,FX167 R-M ZONF_ 'I SAID Public Hearing will be held on Thursday, June 11 , 1981 , at 7:00 p.m. in the Council Chambers in the Palm Desert City Hall , 45-275 Prickly Pear Lane, Palm Desert, California , at which time and place all interested persons are invited to attend and be heard. SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California PUBLISH: Palm Desert Post May 28, 1981 bI006 tlO `s4� .aIa6u 01 , TOL a4S ` '3S M 0£5 uos a;S Lageuutl • S'3= ' 1 � � f ,45-275 PRICKLY PEAR LANE, PALM DESERT,CAUFORNIA92260 y TELEPHONE (714) 346-0611 CITY OF PALM DESERT LEGAL NOTICE INITIATION BY THE PALM DESERT PLANNING COMMISSION OF A ZONE CHANGE OF ALL RM (MOBILE HOME PARK AND MOBILE HOME SUBDIVISION RESIDENTIAL DISTRICT) OR RM (U.A. ) (UPON ANNEXATION) TO R-1-M (SINGLE FAMILY/MOBILE HOME RESIDENIIAL DISTRICI ) AND AMENDING CHAPTER 25.22 (MOBILE HOME) OF THE ZONING ORDINANCE. THE PROPOSED PROJECT IS A CLASS V CATEGORICAL EXEMPTION AND NO FURTHER ENVIRONMENTAL DOCUME14TATION IS DEEMED NECES- SARY. CASE NOS. ZOA 07-81 AND C/7. 04-81 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert City Council to consider initiation by the PALM DESERT PLANNING COMMISSION, of a Zone Change of all RM (Hobile Home Park and Mobile Home Subdivision Residential District) or RN (U.A. ) (Upon Annexation) , to R-1-M (Single Faiiiily/Mobile Home Residential District) and amendment of Chapter 25.22 (Mobile Home) of the Zoning Ordinance. The proposal is a Class V categorical exemption and no further environmental documentation is deemed necessary. - _Ij Landis T� [11I lAl — i - uyiT4 i-� r �+,.y�{I IL II a 4 Y I1 { P f �, j I J U �.JI�I� — >; R M ZONE - 432 i SAID Public Hearing will be held on Thursday, June 11 , 1981 , at 7:00 p.m. in the Council Chambers in the Palm Desert City Hall , 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California PUBLISH: Palm Desert Post May 28, 1981 OZZZ6 *P3 '@6PJLW 043UQy . Z# -Pb MatA '9t6-6C kqODPP T LOAPO qj Pry 1114 1 PROOF OF PUBLICATION (20101 2015.5 CCP) PROOF OF PUBLICATION OF LONE CHANGE ZOt 07-81 I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the PALM DESERT — above entitled matter. I am the INRMATIONBY THE Pe'HOMEP Rxl Realtor associate Susan (MOSIprincipal clerk Of the printer AND AMENDINGtHAPTEF Moore was named sales WHICH A NEGATIVE DECL person of the month by of PALM DESERT POST, a newpaper of CASE NO. ZOA 0781 land Cz a Lobl'dnd•Waring Realty. NOjICE.IS HE�,EBY' GIV Plann no CCam((((((������11A1t1iss on to tonsi general circulation, printed a Zone Chan ga�I all R (Ma "I'feelthatthekeyto and published daily in the toR-1obl-M (SIn eFamlly/MOI real estate success is lis- (Mle Nome oI the Zoning tening to people and tru- city of RiversideF County of ly hearing what they RiversideF and which newspaper have to say," says Ms. has been adjudged a newspaper of �I, Moore. Suzie, as her general circulation by the friends call her, prac- Superior Court of the County of —= tices;what she preaches, RiversideF State of California, according acing Waring. hat a under date of October 5F 19641 j client had er to say about e,-�—'� client had to say about Case number 83658 ; that the s his interest in desert not:iceF of which the annexed is X I ° commercial propertyrI a printed copy, has been published C —•— fv a recently, negotiated the in each regular and entire issue — _LI sale ;oa 15 unit apart- "g ment building in Rancho of said newspaper and not in any MiraPes Thunderbird Supplement thereof on the following I' Cove area," says Suzie. dates, to-wit: Exi57lNr� "It's a beautiful piece of R-M ZONE I property..' The two-bed- O5/7 91981 IL room unit building is topped by a three-bed- room penthouse, which SAID Public Hearing will Is listen for lease by Chambers in the PalmDese Lobland;Waring. I Certify (or declare) under RAiMONA.DIAZlace all ln $uzle. has been in- penalty of perjury that the PalmfDeertPlanning car real estate residential real estate for the past foregoing is true and correct. _— s--�' Dated May 71 1981 at RiversideF California CITY OF PALM DESERT lasssa wlvz do Ata S301AUS 1v1N3'7Noa;AN3 W 61 t ,ldV1 � N m a v 0 l n � z n I 0 I m H C 9 2 5 N q N 0 o a m :• Qz r ro ^ sp — o _ ' C 00 i- mJ An IRI RI AF�IAR vff IF81n= 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 CITY OF PALM DESERT LEGAL NOTICE INITIATION BY THE PALM DESERT PLANNING COMMISSION OF A ZONE CHANGE OF ALL RM (MOBILE HOME PARK AND MOBILE HOME SUBDIVISION RESIDENTIAL DISTRICT) TO R-1-M (SINGLE FAMILY/MOBILE H014E RESIDENTIAL DISTRICT) AND AMENDING CHAPTER 25.22 (MOBILE HOME) OF THE ZONING ORDINANCE FOR WHICH A NEGATIVE DECLARATION HAS BEEN PREPARED. CASE NO. ZOA 07-81 and CZ 04-81 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert Planning Commission to consider initiation by the PALM DESERT PLANNING COMMISSION of a Zone Change of all RM (Mobile Home Park and Mobile Home Subdivision Resi- dential District) to R-1-M (Single Family/Mobile Home Residential District) and amendment of Chapter 25.22 (Mobile Home) of the Zoning Ordinance for which a Negative Declaration has been prepared. I i f I 9 LiHQrj 1�� y I g. I MIT- EX/ST/N R M ZONE J(' I SAID Public Hearing will be held on Wednesday, May 20, 1981 at 1 :00 p.m. in the Council Chambers in the Palm Desert City Hall , 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. RAMON A. DIAZ, Secretary Palm Desert Planning Commission PUBLISH: Palm Desert Post May 7, 1981 r7 i 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA92260 TELEPHONE (714) 346-0611 CITY OF PALM DESERT LEGAL NOTICE INITIATION BY THE PALM DESERT PLANNING COMMISSION OF A ZOWE CHANGE OF ALL RM (MOBILE HOME PARK AND MOBILE HOME SUBDIVISION RESIDENTIAL DISTRICT) TO R-1-M (SINGLE FAMILY/MOBILE H014E RESIDENTIAL DISTRICT) AND AMENDING CHAPTER 25.22 (MOBILE HOME) OF THE ZONING ORDINANCE FOR WHICH A NEGATIVE DECLARATION HAS BEEN PREPARED. CASE NO. ZOA 07-81 and CZ 04-81 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert Planning Commission to consider initiation by the PALM DESERT PLANNING COMMISSION of a Zone Change of all RM (Mobile Home Park and Mobile Home Subdivision Resi- dential District) to R-1-M (Single Family/Mobile Home Residential District) and amendment of Chapter 25.22 (Mobile Home) of the Zoning Ordinance for which a Negative Declaration has been prepared. I t t J 3 j .. u � gn + ,1 }l `�g'".a-•, �Jf: i,��{ 7 wr�1���1! '.iili.l J'I � �; ,,Y� - R M ZONE SAID Public Hearing will be held on Wednesday, May 20, 1981 at 1 :00 p.m. in the Council Chambers in the Palm Desert City Hall , 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. RAMON A. DIAZ, Secretary Palm Desert Planning Commission PUBLISH: Palm Desert Post May 7, 1981 "[S �i`:v 'i_�5.,..F.^ �] r!.n;vM1-✓'.� .Cwi1F'�Mr��vl _4yx/Ipi�R6yq.�r _ � T f�,•� y Z q :2 1 CNN �sl ll� KVS - G F7 w t 4 1 r '� vV �?TMAYMM?M�f`a:Rr:l�er�u!F.s.1t_�wrtivl�'�V!4INM1'' t ZZL06 V7 'oipad ue5 '95 4105 ZE91 4,iSapaeyl eipaal 9 132P OE:I�1t1a0.i Ol 3"73HNIl 0.3SS3tlOCIH SH 318H930I73C1 .LON a U 30N'JS 01. N8nl38 SS!bS!SO TN?ZHtiC;? LE 21HN Iwo-a.c lean 3xo�n33i 07M®Nwdna•ix3sw MWd'3xr1 VV3d a"gd urer ILI 17 O C L y Q � Lei M 2CiC f=C� CO W J� V aO •� J C C OCO mK L' 'Om l Z co a✓ w 4 C L N 5 .•f_ W f V 4 C C C Eu zoo t q3L a g - 's 3 ® W17 a �1 t G:�zr UO 1FWM=a1 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 CITY OF PALM DESERT LEGAL NOTICE INITIATION BY THE PALM DESERT PLANNING COMMISSION OF A ZONE CHANGE OF ALL RM (MOBILE HOME PARK AND MOBILE HOME SUBDIVISION RESIDENTIAL DISTRICT) TO R-1-M (SINGLE FAMILY/MOBILE HOME RESIDENTIAL DISTRICT) AND AMENDING CHAPTER 25.22 (MOBILE HOME) OF THE ZONING ORDINANCE FOR WHICH A NEGATIVE DECLARATION HAS BEEN PREPARED. CASE NO. ZOA 07-81 and CZ 04-81 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert Planning Commission to consider initiation by the PALM DESERT PLANNING COMMISSION of a Zone Change of all RM (Mobile Home Park and Mobile Home Subdivision Resi- dential District) to R-1-M (Single Family/Mobile Home Residential District) and amendment of Chapter 25.22 (Mobile Home) of the Zoning Ordinance for which a Negative Declaration has been prepared. 71 n �1.33d15 71oPo w ' pay � M V 1 r'. u ..� � ' �` ��_•T" .-. [ Y\ :s m rl n � l l �Tle o R M ZONE SAID Public Hearing will be held on Wednesday, May 20, 1981 at 1 :00 p.m. in the Council Chambers in the Palm Desert City Hall , 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. RAMON A. DIAZ, Secretary Palm Desert Planning Commission PUBLISH: Palm Desert Post May 7, 1981 09ZZ6 Vo WtPd .any a 0410d OL138V "Jepossv ov st 1 C6 oA'tie �:'^•"N?F.w. �=rw•%�-.�.-^aYk.�...�3,y..:.d..« =^syt.:.4.iAu•tr,�.?+'ti.'..a-.:_ _....-.-:.--F.-r++MT:...:�.-.-:�F..wu. - ok r J' 3 mwA � 3 a o � Y ew.N4A 7 l 1 roil � � ts gg rnFI ,X01 g - aOOo I � ZR� Io. ovo i � N TI N N \ I too W i .`•1 j? GN71 _ N tj E - ®iLlM,®S .nm Tcb.n ID�o®rPttC `� ro 4 •�"' � ' . _ _ '�YA`+f.:tymKOYr y'ewc�Vf44e%RM 45-273 PRIULT PEA LANE.PPLY OESERT,UUPORXIP92260 TELEPHONE A6-O611 _ �I Ann P.O. Box 6 CA_92260.. r. Palm Oeser I - _ L a. w,�;3:..,.aN:y„ ..wv.N;e•1+�P+t ..-•q• z ..^Yr^ w .:..., -L,/a.: a �= :'.iti :`la� t�v �w� S �� ..I''...rc 1 1 MINUTES PALM DESERT PLANNING COMMISSION MEETING WEDNESDAY - MAY 20, 1981 1:00 P.M. - CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER The regularly scheduled meeting of the Palm Desert Planning Commission was called to order at 1:00 p.m. by Chairman Miller in the City Hall Council Chambers. II. PLEDGE OF ALLEGIANCE - Commissioner Richards III. ROLL CALL Members Present: Commissioner Berkey Commissioner Kryder Commissioner McLachlan Commissioner Richards Chairman Miller Staff Present: Ray Diaz, Director of Environmental Services Stan Sawa, Principal Planner Steve Smith, Associate Planner John DosSantos, Assistant Planner Phil Drell , Assistant Planner 'Linda Russell , Planning Secretary Others Present: Barry McClellan, Director of Public Works Eric Vogt, Fire Marshal IV. APPROVAL OF MINUTES A. Minutes of the meeting of May 5, 1981. Motion was made by Commissioner Berkey, seconded by Commissioner Kryder, to approve the minutes as submitted. Carried unanimously (5-0) . V. WRITTEN COMMUNICATIONS - NONE. VI. PUBLIC HEARINGS Case Nos. ZOA 07-81 and C/Z 04-81 - CITY OF PALM DESERT, Applicant Request for consideration of an amendment to the Palm Desert Zoning Ordinance, amending Chapter 25.04 and Chapter 25.22 pertaining to the integration of single family dwelling units and mobile homes. Mr. DosSantos presented this case stating that this amendment is to implement Senate Bill 1960, which precludes cities from prohibiting manufactured homes on permanent foundations, in areas zoned for single family units. He stated that Commission requested redesignation of areas currently zoned mobile home and some areas currently zoned single family to a combined Conventional Single Family/Mobile Home zone (R-1-M) . He reviewed the areas affected and indicated that this amendment would implement SB 1960 according to the Department of Housing and Community Develop- ment and Western Manufactured Housing Institute. Staff recommended approval . Commissioner Kryder was still concerned whether or not this amendment would implement SB 1960. He felt that the intent was to allow Mobile Homes in single family lots. Mr. DosSantos stated that allowing integration of single family homes in the RM zone would meet the intent. Commissioner Kryder referred to a report from the Legislative Counsel and asked if this proposed method would be meeting their intent. Commissioner Berkey read the report from the Legislative Counsel and clarified that the proposed method would implement SB 1960. 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Applicant: City of Palm Desert Case Nos: ZOA 07-81 and C/Z 04-81 Date: May 20, 1981 I. REQUEST: Consideration of an amendment to the Palm Desert Zoning Ordinance, amending Chapter 25.04 and Chapter 25.22, pertaining to the integration of Single Family dwelling units and Mobile Homes. II. BACKGROUND: A. ENVIRONMENTAL ASSESSMENT: The Director of Environmental Services has determined that the proposed project is a Class V Categorical exemption and no further environmental documentation is deemed necessary. B. CASE INITIATION: The Planning Commission at the meeting of April 15, 1981 , initiated this amendment establishing this date for Public Hearing. III. DISCUSSION: This Ordinance Amendment and Change of Zone are proposed to implement S.B. 1960, which essentially precludes cities from prohibiting Mobile Homes on permanent foundations in areas zoned for single family units. Three options to implement S.B. 1960 were identified and discussed on April 15, 1981 . The Commission chose option three, which integrates currently zoned RM (Mobile Home Residential Zones) districts with the R-1 (Single Family) zones. The new zone will be designated R-1-M (Single Family/Mobile Home Residential District) . Staff feels that the text amendments and Change of Zone will implement the intent of S.B. 1960. IV. STAFF RECOMMENDATION: Staff would recommend that the Planning Commission adopt Resolution No. "A Resolution of the Planning Commission of the city of Palm Desert, California, amending various sections of Chapter 25.04 (definitions) and Chapter 25.22 (RM - Mobile Home Park and Mobile Home Sub- division Residential District) of the Municipal Code and rezoning all RM zones to R-1-M (Single Family/ Mobile Home Residential District)" . 4 PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING VARIOUS SECTIONS OF CHAPTER 25.04 (DEFINITIONS) AND CHAPTER 25.22 (RM- MOBILE HOME PARK AND MOBILE HOME SUBDIVISION RESI- DENTIAL DISTRICT) OF THE 14UNICIPAL CODE AND REZONING ALL RM ZONES TO R-1-M (SINGLE FAMILY/MOBILE HOME RESIDENTIAL DISTRICT) . CASE NOS: ZOA 07-81 and C/Z 04-81 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 20th day of [lay, 1981 , hold a duly noticed Public Hearing to consider an initiation by the PALM DESERT PLANNING COMMISSION of amendments of Municipal Code Chapter 25.04 (Definitions) and Chapter 25.22 (R-M: Mobile Home Park and Mobile Home Subdivision Residential District) and a Change of Zone from RM to R-1-M (Single Family/Mobile Home Residential District) for properties currently zoned RM as depicted on the adopted zoning map of the City; WHEREAS, said amendments have complied with the requirements of the "City of Palm Desert Procedures to Implement the California Enviromental Quality Act, Resolution No. 80-89" , in that the Director of Environmental Services has determined that the project will not have a significant adverse impact on the environment and is a Class V Categorical Exemption; and, WHEREAS, at said Public Hearing, upon hearing and considering the testimony and arguments , if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts to justify their recom- mendations as described below: 1 . Zoning Ordinance Text Amendment: a. That the Zoning Ordinance Amendment is consistent with the objectives of the Zoning Ordinance. b. That the Zoning Ordinance Amendment is consistent with the adopted General Plan and effected Specific Plans. c. That the Zoning Ordinance Amendment would better serve the public health, safety, and general welfare than the current regulations. d. That the Zoning Ordinance Amendment implements California State Senate Bill 1960. 2. Change of Zone a. The land use resulting from the Change of Zone would be compatible with adjacent existing and proposed land uses. b. The density resulting from the Change of Zone, would be compatible with densities permitted in the adjacent areas. c. The proposed Change of Zone would be consistent with the adopted General Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows: 1 . That the above recitations are true and correct and consti- tute the findings of the Commission in these cases; 2. That the Planning Commission does hereby recommend to the City Council approval of a Zoning Ordinance Text Amend- ment, as provided in the attached Exhibit, labeled Exhibit "A" , to amend Municipal Code Section 25.04.545 and Chapter 25.22. PLANNING C014MISSIO14 RESOLUTION NO. PAGE TWO 3. That the Planning Commission does hereby recommend to the City Council approval of a Change of Zone from RM (Mobile Home Park and Mobile Home Subdivision Residential District) to R-1-M (Single Family/Mobile Home Residential District) as shown on the attached map labeled Exhibit "B" . PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this day of , 1981 , by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CHARLES MILLER, Chairman ATTEST: RAMON A. DIAZ, Secretary PLANNING COMMISSION RESC ION NO. PAGE THREE EXHIBIT A ZONING ORDINANCE TEXT AMENDMENTS Section 1 : That Section 25.04.545 of the Municipal Code of the City of Palm Desert, California, is hereby amended to read as follows: "25.04.545 Mobile Home:"Mobile Home" means a structure designed and equipped for human habitation, and for being drawn by a motor vehicle, to be used with or with- out a foundation system. Mobile Home does not include a recreational vehicle, com- mercial coach or factory built housing" Section 2: That Chapter 25.22 of the Municipal Code of the City of Palm Desert, California is hereby amended to read as follows: Chapter 25.22 R-1-H SINGLE FAMILY/MOBILE HOME RESIDENTIAL DISTRICT Sections: 25.22.010 Purpose. 25.22.02O Permitted uses. 25.22.030 Conditional uses. 25.22.040 Minimum area. 25.22.050 Area of lot. 25.22.060 Density. 25.22.070 Intensity of use. 25.22.080 Minimum project lot width. 25.22.090 Minimum project front yard. 25.22.100 Minimum project rear yard. 25.22.110 Minimum project side yard. 25.22. 120 Minimum project side street yard. ` 25.22.130 Setback on individual space or lot. l 25.22. 140 Building height. 25.22.150 Off-street parking and loading requirements. 25.22. 160 Utilities. 25.22. 170 Trash handling. 25.22.180 Signs. 25.22. 190 Site plan review. 25.22.200 Private streets. 25.22.210 Guest parking. 25.22.220 Street lighting. 25.22.230 Accessory buildings. 25.22.240 Community use area. 25.22.250 Exterior boundaries abutting a public street. 25.22.260 Exterior boundaries not abutting a public street. 25.22.270 Access. 25.22.280 Trailer and boat storage. 25.22.290 Recessing. "25.22. 10 Purpose: The R-1-M district provides for the permanent placement and occupancy of single family dwelling units, factory built dwelling units or mobile homes for residential purposes on purchased, rented or leased lots. It is further the intent of this district to stabilize and protect the residential character of the area and to promote a better living environment through high quality property development standards". 25.22.020 Permitted uses. The following uses shall be permitted: none. (Ord. 94 51 (part) , 1975: Exhibit A 525. 13-2) . 25.22.030 Conditional uses. The following uses shall be permitted subject to a conditional use permit: A. Day nurseries and nursery schools ; B. Educational institutions ; C. Mobile homes ; D. Private and public accessory buildings and uses, including home occupations, storage areas, and other similar accessory uses on individual lots, such as domestic animals ; E. Public parks and recreational facilities; and F. Public utility and public service facilities. PLANNING COMMISSION RESOLUTION NO. PAGE FOUR EXHIBIT A (CONTINUED) G. Single family dwelling unit or factory built housing. (Ord. 94 51 (part) , 1975: Exhibit A 525.13-3). 25.22.040 Minimum area. The minimum area for a project shall be twenty acres. rd. 99 51 (part , 9975: Exhibit A 525.13-4.01 ) . 25.22.050 Area of lot. The minimum area for a space or lot shall be five thousand square feet. Ord. 94 51 (part) , 1975: Exhibit A 525.13-4.03) . 25.22.060 Densit . The density of a project shall be seven units per net acre. Ord. 94 1 part 1975: Exhibit A 525.13-4.03) . 4 25.22.070 Intensity of use. There shall be not more than one mobile home or dwelling unit per lot or space. (Ord. 94 51 (part) 1975: Exhibit A 525.13-4.04) . 25.22.080 Plinimum roject lot width. The minimum project lot width shall be five hundred feet. Ord. 94 1 (part , 1975: Exhibit A 525.13-4.05). 25.22.090 f4inimum roject front yard. The minimum front yard shall be twenty feet. Ord. 94 1 part 1975: Exhibit A 25. 13-4.06) . 25.22.100 Minimum project rear yard. The minimum rear yard shall be ten feet. Ord. 94 51 (part) , 1975: Exhibit A 525.13-4.07). 25.22.110 Plinimum project side yard. The minimum side yard shall be ten feet. Ord. 94 1 part , 1975: Exhibit A 525. 13-4.08) . 25.22.120 Plinimum project side street yard. The minimum side street yard shall be twenty feet. Ord. 94 25.13-4.09 . 25.22. 130 Setback on individual space or lot. The minimum yard setback on an individual space or lot shall be five feet or as approved (Ord. 94 51 (part) , 1975: Exhibit A 525. 13-4. 10) . 25.22.140 Building height. The maximum building height shall be one story or eighteen feet whichever is less. (Ord. 94 51 (part) , 1975: Exhibit A 625.13-4. 11 ) . 25.22.150 Off-street parking and loading requirements. All parking and loading shall comply with the provisions of Chapter 25.58. Ord. 94 51 (part) , 1975: Exhibit A 525. 13-4.12) . 25.22.160 Utilities. For provisions regarding utilities, see 525.56.090. (Ord. 94 51 (part) , 1975. Exhibit A 525. 13-4.13) . 25.22.170 Trash handling. A trash enclosure will be provided for all uses, unless the proposed location of the trash area is completely enclosed by walls or buildings. The freestanding trash enclosure shall be constructed of masonry block. No trash shall be allowed to extend above or beyond the enclosure. (Ord. 94 51 (part) , 1975: Exhibit A 525.13-4.14). 25.22. 180 Signs. All signs shall be in compliance with Chapter 25.68. (Ord. 94 51 (part) , 1975: Exhibit A 525.13-4.15) . 25.22.190 Site plan review. All uses shall be subject to site plan review as prescribed in Chapter 25. 70. (Ord.94 51 (part) , 1975: Exhibit A 525. 13-4.16) . 25.22.200 Private streets. A minimum width of private streets shall be thirty feet as measured from back of curb to back of curb. The streets shall have curbs and be paved with asphaltic concrete or equivalent material . (Ord. 94 51 (part) , 1975: Exhibit A &25.13-5.01 ). 25.22.210 Guest parking. Guest automobile parking areas shall be provided at a minimum ratio of one parking space for each ten lots. (Ord. 94 51 (part) , 1975: Exhibit A S25. 13-5.02). PLANNING COMMISSION RESOLUTION NO. PAGE FIVE EXHIBIT A (CONTINUED) 25.22.220 Street Lighting. Street lighting shall be provided along the private streets for the safety of pedestrians. (Ord. 94 51 (part) , 1975: Exhibit A §25. 13-5.04). 25.22.240 Community use area. The minimum ratio of community use areas shall be four hundred square feet of such area for each dwelling unit lot or space. Such land may include all land devoted to recreation and service facilities and land- scaping not included within lots. (Ord. 94 51 (part) , 1975: Exhibit A 525.13-5.05) . 25.22.260 Exterior boundaries abutting a public street. Exterior boundaries of the park abutting a public street shall be provided with a six-foot-high masonry wall or fence designed to create an attractive border. In addition, a setback of at least ten feet in depth shall be maintained as landscaped open space between any perimeter street and the required wall . (Ord. 94 51 (part) , 1975: Exhibit A 325.13-5.06) . 25.22.260 Exterior boundaries not abutting a public street. Exterior boundaries of the project which do not abut a public street shall be bounded by a six-foot- high masonry wall . (Ord. 94 51 (part) , 1975: Exhibit A 525.13-5.07) . 25.22.270 Access. A minimum of two vehicular entrances shall be provided for each project. Ord. 94 51 (part) , 1975: Exhibit A 325.13-5.08) . '25.22.280 Trailer and boat storage. Trailer and boat storage area shall be provided at the minimum ratio of fifty square feet of land for each dwelling unit, space or lot. (Ord. 94 51 (part) , 1975: Exhibit A 525.13-5.09) . 25.22.290 Recessing. All dwelling units shall be recessed to provide for ground level entry to the dwelling unit. (Ord. 94 51 (part) , 1975: Exhibit A 525. 13-5. 10) . CITY OF PALM DESERT STAFF REPORT TO: Planning Commission FROM: Department of Environmental Services SUBJECT: Mobile Homes: Zoning and Implementation of S.B. 1960 DATE: April 15, 1981 Recently Governor Brown signed S.B. 1960 which deals with mobile home .zoning and which must be implemented by July 1, 1981. Essentially, S.B. 1960 precludes cities from prohibiting mobile homes on permanent foundation in areas zoned for single family dwellings. Alternatively, a city may designate lots zoned for single family dwellings for mobile homes when the lots are determined to be compatible for said mobile home use. The legislation does not indicate to what extent a city must provide for use of a mobile home or what proportion of the housing stock mobile homes should be. Mobile homes are a significant proportion of the housing within Palm Desert's Planning area. The attached chart, which was prepared last September for Commission consi- deration, indicates the housing stock mix as it currently exists and the housing stock mix at full development. At full development mobile homes will be over 17% of the total housing stock. This proportion is based on current trends being con- tinued and if the mobile home developments being proposed by the north sphere landowners seeking annexation to the city are apparoved. Mobile homes are currently permitted in RM zones by conditional use permit. As described below, there are three viable alternatives in implementing S.B. 1960. 1) Permit mobile homes in all single family zones. Under this option mobile. homes will be permitted in all zones which permits conventional single family—homes. Mobile homes placed in said zones could be subject to the same minimum develop- ment standards to which a conventional single family residential dwelling on the same lot would be subject, including, but not limited to, building setbacks, architectural and aesthetic requirements and minimum square footage requirements. Mobile homes would be an additional permitted use within the zones under this option. 2) Designate specific sites in single family zones for mobile homes. The City, under this option, would designate certain lots currently zoned for single family dwelling units for mobile home units, as well . Like the first option these units will be subject to the development standards of the zoning district. To implement this option a survey of vacant single family lots would need to be completed with criteria developed to determine which lots will be allowed to be developed with mobile homes. Under this option permitted uses would be expanded on specific lots to include mobile homes. 3) Redesignate areas currently zoned for single family to mobile homes. Under this option currently zoned single family areas would be rezoned to mobile home subdivision. According to the Department of Housing and Community Develop- ment such zoning will meet the requirements of the new statute only if conven- tional single family structures are also allowed in such zones. The Legisla- tive Counsel also believes that the establishment of a residential mobile home subdivision district on land previously zoned for single family dwellings meet the designation requirement of the legislation. To implement this option all existing and future RM zones should be rezoned to R-1-M (Single Family Con- ventional/Mobile Home Residential District) . STAFF RECOMMENDATION: Staff recommends that the Commission adopt option three and instruct staff to commence the public hearing process to amend various sections of the zoning ordinance. O03OD -tj- aOl cotoLf) to --zro aQ M h .--: lO N O, O to .•� V h O OI t0 .--: rt O r O m N h N t0 O to N h Ol M :p C1 d' Oi j .-•I h 6l N to t!7 4.a 01 ON M N t0 O Cl) M 1 M Oj l0 lO� to l0 � , I ( o a C) C)H m _ {{!y 1 O! t0 t, r, M r, f O '4 N Nto N O LO i tO .h-� .-•1 N O ! 1 OI d' In N r-_ m h ro .•-1 Gt Ot rt l0 M; M h 0% '-1 In I h .P 0t m M N to co O M N to O O O M .-•i N rnI N C .-i cr M 1 t N C y C O ro OJ h h •O O O C O i O Z 11 V C Q ` O W 4J C .I CO N m O h ' O� ¢ t( V m col0 M O i O @ Cl W .--1 tO m .--� I O X O_ y ZR 1 N N N t0 a N ' CDV I t0 r CD OI Z ! ti C N Z b ! 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O C S N m N ^ D T.' a ° O [ p7. N [ m' <—o nc_yF. 3n o09 Y .. E,n._ � nH m'LP c5o5'w3_.� ° �+o =_ �° `o n p ^_. an v S cZZ 0.3 m 0 S y w n N: ry m, ON C to. 7 7 .'Z L'^ o-,n, yG m �"R 0. a Qy C n � U O ° � � -ni S•� n = m Q 7 �. .'� � � O O O °' n •+ '7 � 7 p y m `^ � �^ L S="' cc 7 ^' ° a) Q n ..0 n O � m ,� L• Y Y � -,7'.� - C-. " 'fl 5 Q Y c=r m= mn� oNoY wyy^' w �oY ncc n° 7 �°< =N ma`fAm..O^o oN n��'. 5n.e ..,�=° �n n� n° �o• voM _ °0 o �rN � nc " � ° - y o a07< 0oH°N5Ea�Lsan- n nLn nm�n oCw- n nL�' HoYit aNn 0 0 < to n °'° n n T Y ° a° — =, C� fD elm Y ,• w ' „ r _. �(Dv<-i' pT'y „ � cnc:5 �� 533 ^v5 •`°+ v '' ngv° p{� `_T, C N b..w 0 0 C � N N C m �. m n .O 7 E S� w c w m '° 1 U 0 CaJ CPi F. y v � � �35mG `N �nIF � - :;- 0 �.nc �° S. 01 a (S V o C O pj ti I! < �' N p N 070 N 'w �w .Y. inY n .ni O.0 � 7 �'9w 0.p'rynG `tn N U000 o � �� E. non IY^ 55o.>': � Nc 'c�° �o5 � 5m vo E ° E = 'D n C 0 Y n Q n - N c S 2 N o c G < � Y Su:•O 7m w . Y n Q n u n,rc - n E_ a� o ry � m w Y � �. � 5o.H50 .`-,. m•ova � cuw �`�' Ycn' � [ 7 � � n �. N �• g 5 ^ ° x o a. n o Nv E :0) G m S.. •� N..•wc n Q ' y o CD S'° O t m n Y 3 C•� �' O ti u_ T O n A J •C., ry° .N. ��O p .�t y S G a Y a! O c 0 N Y n '^ n 'JO c n 4 c c .. K' n. o E n Y c Tl ° r =mac 7•�7. N ° 3,wnH � O ° w : c•�: Western Manufactured Housing Institute 3855 EAST LA PALMA AVENUE, ANAHEIM, CALIFORNIA 92807 (714) 630-1440 November 26, 1980 Dear Planning Commission Chairperson: On September 26, 1980, Senate Bill 1960 was signed into law by the Governor. A copy of that bill is attached for your review. It will have an effect upon you because it provides as follows: 1. that implementation occur on or before July 1, 1981; 2. that your ordinances may not prohibit a HUD Code mobilehome from being installed on a permanent foundation in areas zoned for single family dwellings; 3. that, in addition, you may designate lots zoned for single family dwellings for mobilehomes when the lots are determined to be compatible for such mobilehome use; 4. that you may subject the mobilehome and lot to the same development standards to which a conventional single family residential dwelling on the same lot would be subject; 5. that any architectural requirements imposed on the mobilehome structure itself shall be limited to its roof overhang, roofing material and siding material; 6. that in no case may local government apply a development standard which has the effect of precluding mobilehomes from being installed as permanent residential units on single lots. The Western Manufactured Housing Institute (WMHI) , in conjunction with- the California Manufactured Housing Association (CMHA), wants to assist local juris- dictions in providing new opportunities for affordable housing through the use of HUD Code homes. We have a hot line to help you. Call our hotline phone collect: (714) 630-1443, so that we can help refer you to other local jurisdictions that are implementing SB 1960. There are several waysfto implement SB 1960. You may wish to modify your typical regulations for site plan review; director review and approval; zoning administration permit review; or use permits to achieve implementation. Place- ment of mobilehomes on single lots is exempt from the Environmental Review Process. See CEQUA Section 15103. Several jurisdictions have implemented SB 1960 with this type of procedure. See attached examples. Please send us a copy of your regulations so we can share them with other local governments who have questions in implementing SB 1960. Sincerely, Howard J. Snider, President HJS:br Land U sc County of San Diego Development Regulation Division 325 South Melrose Drive 200-L East Mair 9150 Chesapeake Drive San Diego,Calif.92123 Vista,Calif.92083 El Cajon, Calif. 9202t 566-5936 (Zenith.7-0888) 758.6711 (Zenith 7.2001) 679.4511 (Zenith 7-1398 MOBILEHOMES ON PRIVATE LOTS (Effective 4-18-80) A mobilehome, under certain conditiot5, may be placed on a foundation system on a private lot in the unincorporated area of the County of San Diego where- ever -single-family dwellings are permitted. A mobilehome on a foundation system is permitted on a private lot upon issuance of a minor use permit by the Zoning Administrator. The Zoning Administrator must hold a public hearing on the application. Notice of hearing is sent to owners of property within 300 feet of the applicant's property. The fee for the minor use permit is $220 and processing time is normally 45-60 days. Application forms for minor use permits can be obtained at any of the offices listed above. MINOR USE PERMIT REQUIREMENTS Section 8001 of the County Zoning Ordinance specifies the following requirements for a mobilehome to be placed on a permanent foundation on a private lot. Eligibility. A mobilehome shall not be eligible unless it: 1) . was constructed after September I5, 1971, and was issued on insignia of approval by the California Department of Housing and Community Development or was constructed after July 1, 1976, and was issued an insignia of approval by the U.S. Department of Housing and Urban Development, and 2) has not been altered in violation of applicable codes. . Criteria. The mobilehome shall: -- 1) Be occupied only as a Residential Use Type.. 2) Be subject to all provisions of The Zoning Ordinance applicable to residential structures. 3) Be attached to a permanent foundation system in compliance with all applicable building regulations. 4) Have a minimum width of 20 feet. 5) Be covered with an exterior material customarily used on conventional dwellings and approved by the Zoning Administrator. The exterior covering material shall extend to the ground, except that when a solid concrete or masonry perimeter foundation is used, the exterior covering material need not extend below the top of the foundation. DPL n58 Mobilehomes on Private Lots -Page 2- 6) Have a roof with a pitch of not less than two (2) inch vertical rise for each 12 inches of horizontal run and consisting of shingles or other material customarily used for conventional dwellings and approved by the Zoning Administrator. 7) The mobilehome may be required to have porches and eaves, or roofs with eaves when, in the opinion of the Zoning Administrator it is necessary to make it compatible with the dwellings in the area. Modification of Criteria. No modification may be granted from paragraphs 1-6 above. Plot Plan and Information needed for the minor use permit application shall be provided as indicated on page 4 of this fora. CONSTRUCTION PERMIT REQUIREMENTS After issuance of a minor use permit, construction permits must be processed and issued prior to placing of the mobilehome on the lot. Issuance of the construction permits requires that the applicant: 1) Comply with all the,conditions of the minor use permit. 2) Obtain a grading permit (required if more than 200 cubic yards of earth will be moved or if h cut or fill depth exceeds five feet) . Any fill over a foot in depth will require a compaction report by a registered civil engineer certifying the fill is compacted to a minimum of 900. Rough grading approval must be obtained and compaction reports submitted before the site construction permit can be issued. S) Make application for approval of a septic tank permit from the Health Department if the property will not be served by a public sewer. (A percolation test by a registered civil engineer is required.) 4) If the property is in school districts which require collection of school fees at issuance of the construction permit, the applicant is to have the school district complete form DPL #406, Certification of Compliance with School Facilities, and return it to the Department of Planning and Land Use. S) The applicant shall comply with all the requirements of Section 18SS1(a) of the State Health and Safety Code. 6) Obtain plan approval of the foundation system. DPL :58 Rev 4-25-80 1I. Mobilehomes on Private Lc -Page 3- Foundation System: Title 25 specifies regulations for the mobilehome foundation system. These regulations provide: 1) Foundation System definition - "A foundation system is an assembly of materials constructed below, or partly below grade, not intended to be removed from its installation site, which is designed to support the structure and engineered to resist the imposition of external natural forces." 2) That mobilehome foundation systems be designed in accordance with the provisions of Chapter 29 of the Uniform Building Code, 1979 Edition, and local soil conditions. Design conditions for roof, wind, and seismic loads applicable to permanent building foundations shall be applicable to the mobilehome foundation system. 3) The mobilehome shall be installed in accordance with installation instructions provided by: a) The manufacturer of the mobilehome, or, b) A California licensed architect or engineer for an individual mobilehome where manufacturer's installation instructions are not available. , 4) That both the foundation system and connection of the mobilehome to the foundation system shall be capable of withstanding the design loads and concentrated loads identified in the installation instructions. 5) A foundation system plan shall be provided in addition to the installation instructions. The foundation system plan may be: a) Provided by the mobilehome manufacturer either as a part of, or separate from, the installation instructions. b) Provided by the installation contractor: c) Required to be signed by a California licensed architect or engineer: 6) A foundation system plan approved by the California Department of Housing and Community Development will be accepted. Utility Connections. The mobilehome electrical, gas, water and .drain connections shall be made permanent in a manner applicable to permanent buildings. Gas shutoff valves, meters and regulators shall not be located beneath the mobilehome. SURRENDER OF REGISTRATION Prior to occupancy, the owner shall request a certification from the Department of Planning and Land Use that a certificate of occupancy be issued pursuant to Section 18551 (b) (2) of the California Health and Safety Code. Thereafter, for an existing mobilehome any vehicle license plate, certificate of ownership and certificate of registration issued by a State agency is to be surrendered to the appropriate state agencies via the Department of Planning and Land Use. Where the mobilehome is new and never has been registered with DMV, a statement to that effect from the dealer selling the mobilehome shall be submitted to the county. Mobilehome Taxation. Mobilehomes placed on a permanent foundation in compliance with all regulations become exempt from vehicle license fees and become subject to property tax laws. Such mobilehomes become eligible for exemptions. DPL #58 Rev 4-1-5-80 Mobilehomes on Private Lots -Page 4- This sheet is to be completed and attached to the Minor Use Permit application for a mobilehome on a foundation system on a private lot for - name of applicant 1. Attached to the application are: ❑ 6 copies of the plot plan. See "Typical Plot Plan" form #90 for instructions. ❑ Manufacturer's brochure describing the exterior of the mobilehome OR photographs showing all four sides of the mobilehome. (Existing mobilehomes always require photographs.) 2. Mobilehome data: Manufacturer's Name Model Name/Number Age of mobilehome: ❑ New OR ❑Existing-Insignia/Label No. Date constructed (Submit verification of age) Length feet, Width feet Roof pitch inch vertical rise for each 12 inches of horizontal run. Width of eave overhang inches (To be compatible with the neighborhood, the Zoning administrator may require eaves.) Type of siding (Siding is required to extend down to the top of foundation or grade. NOTE: Wood or masonite siding may not be closer than six inches to grade. Building Inspection requirements for protection at grade must be followed where there is not a solid concrete or masonry perimeter foundation. ) Foundation System - applicant is to submit plans for the foundation system when application for construction permits is made. The requirements for-the , foundation system are explained on page 3 of form DPL #58. 3. Accessory Structures within 6' of mobilehome: ❑None proposed ❑Proposed 4. Vicinity Map-In the space below (or on an attached sheet) provide a sketch showing the precise location of the property (so staff can easily locate the site) . DPL #58 Rev 4-ZS-80 r W/: • .�f.,,' R2Yl572 rr cY.t[�7Cd 2I`-d nr;Frroa. ji.viC. $;V!f. the city's $Ile Review Cam- G. SURRENDER OF . ' ORDINANCE NO.90-526 mltte. REGISTRATION. AN ORDINANCE OF THE D. ELIGIBILITY. CITY COUNCIL OF THE' A mobiiehome shall not be Subsequent applying for CITY OF SAN MARCOS located on a permanent the required building Occupancy, the permits, S E C T. 1 O N 2 9 1 foundation on a private lot and prior to occupancy, the MOBILEHOMES ON LOTS, owner shall request a cer- unless It: tification from the Depart- TO ARTICLE XVIi, 1, Was constructed after tnent that a certificate of MOBILEH6MES AND September 15, 1971, and was occupancy be issued pursuant MOSILEHOME PARKS OF Issued an insignia of approval to Section 18SS1(b)(2) of the r THE SAN MARCOS ZONING by the California Department California Health and Safety ORDINANCE. of Housing and Community The City Council of the City Code. Thereafter, any Of San Marcos DOES ORDAIN Development July was ton- vehicle license plate, eer• as follows: siruetIs after July L Insig1974S,nia and tificate of ownership, and SECTION 1: That Section was Issued an Insignia of certificate of registrations 291, TI011eh: a Lots, is approval by the U.S. Issued by a State agency is to hereby added id Article is Department of Housing and be surrendered to the ap- M o b i l e e o m e i a n d Urban Development; and propriate State agencies. Any Mobilehome Parks,to the San 2. Has not been altered in mobilehome vmich is per Marcos Zoning Ordinance as violation of applicable codes. manently attached with un- Marc s: 'E. CRITERIA. derpinning or foundation to VolloARTICLE XVII -Mobilehomes located on a the ground must bear a foundation system on a California Insignia or Federal MOBILEHOMESAND private lot shall: label, pursuant to Section MOBILE HOME PARKS T. Be occupied only asa- i8SS0(b) of the Health and SECTION 291. residential use type. Safety Code. 1. It Is HOMES ON LOTS. - 2, Be subject to all DrOvlsions H. Prior to installation of a 1. t s the purpose r this of this ordinance applicable to mobilehome on a permanent ordinance where approved, residential structures. foundation system, the allow thee placement of I Meet all requirements for mobilehome owner or a mobllehomes on individual the zone in which They locate. licensed contractor shall lots. The mobilehomes would a. Be attached to a foun. obtain a building permit from have to conform with the dation system in compliance the Department of Building minimum lot size and set- with all applicable building and Safety. To obtain such a backs for the zone in which it regulations,and Section 18551 permit, the owner or con- is located and in addition, of the Health and Safety Code. tractor shall comply with^zll meet the criteria set forth In S. Have a minimum width of requirements` of Section this ordinance. This or 20 feel 18551(e) of the State Health dinance is based upon the City 6, Be covered with an ex- and Safety Code. Council's concern over the terior material custonartly SECTION 2: This orLinance . increased cost of housing and . the needto increase the supply used gs and conventional shall De codified. ce and variety of housing types tlwetRevie ^Commute . the SECTION a Thisand be In available to the public. The Site Review Committee. The Shall take effect.and after In ordinance also allows exterior covering material force of Its pass. aysge, after the mobilehome subdivisions in shall extend to Me ground, Cite of I15 passage, and the the same manner as except that When a solid City Clerk shill certify to the residential subdivisions. ' concrete or masonry adoption per foundation this ordinance and B. EFFECT ON CON- fndation Is used, cause samm e to be published material man ) and posted in the manner VERSION, tneexterior cover need not extend below the top I required by law. A mobile home which has of the foundation. r PASSED, APPROVED AND been placed on 'a -foundation 7. Have a roof consisting of l ADOPTEDby the City Council i shingles or other material I of the City of San Marcos at its system pursuant to this or- I customarily used for con- regular meeting held on the dinance shall be deemed to be .ventional dwellings- 12th day of August, 1980, by a mobilehome and subject to a. The mobilehome may be the following roll call vote: ._ local property taxation Tequired to have porches and AYES: COUNCILMEN: pursuant to Section 18551 of eaves, or roofs with eaves DANOVER, ESTENSON, the Healib and Safety Code ! when, in the opinion of the I HARMAN and Section 109.7 of the : Planning Director It Is. SMITH, THIBADEAU. Revenue and Taxation Code. necessary to have It com- NOES: COUNCILMEN: C. PERMIT. patible with the dwellings in NONE A mobilehome on a foun• 1 the area. ABSENT: COUNCILMEN: dation system on a private lot J F. MODIFICATION OF NONE Is perm itted upon approval of j CRITERIA. ROBERT L. HARMAN, Modificalion of the criteria MAYOR OF THE CITY OF set forth in Paragraph "E" SAN MARCOS may be granted If the Site ATTEST: Review Committee finds that SHEILA A. KENNEDY,CITY such modification will not CLERK OF THE CITY OF be detrimental to the public SAN MARCOS interest or surrounding STATE OF CALIFORNIA residents or properties. No COUNTY OF SAN DIEGO moCilicalion may De granted CITY OF SAN MARCOS from Paragraphs "E.i. E.2, 1, SHEILA A KENNEDY, I E,7. or E.4". CITY CLERK, OF THE City of San Marcos DO HEREBY CERTIFY THAT THE ABOVE AND FOREGOING IS a full and true and correct copy of Ordinance 80-526 and . that the same has not been 3- City of San Marcos DATEDtl or repealed. �- DATED: August C Sheila A. Kennedy,Cityy Clerk of the City of San Marcos JEFFREY A OKUN (San Marcos Outlook,Augus: 21, 1900) Director of Planning tni V: RrCr+NAR Avi AFIF n LODE 714 1 ORDINANCE NO. 80- 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VISTA, CALIFORNIA, AMENDING THE ZONING ORDINANCE OF SAID CITY BY AMENDING REGULATIONS 3 REGARDING MOBILE HOMES 4 The City Council of the City of Vista Does hereby ORDAIN as follows: 5 Section 1: Article VII-3 of the Zoning Ordinance is hereby repealed. 10 Section 4: Article XXVIII of Ordinance 64-1, amended, is further amended 11 by amending Section 2301 to read as follows: 12 Section 2801 - PREPARATION OF THE SITE DEVELOPMENT PLAN: 13 1. (a) A Site Development Plan shall be required for all buildings or 14 developments containing three (3) or more dwelling units, and 15 all office, commercial, and industrial developments. regardless 16 of size. 17 (b) Site Development Review shall be made for any single family 18 lot proposing to establish a residential structure certified 19 I under the National Mobile Home Construction and Safety 00 Standards Act of 1974, however, such review shall be limited to 21 consideration of roof overhang, roofing material, and siding '» material to assure ae$thetic compatibility with standard single 'Y family .housina structures. _. 04 2. Site Development Plans shall not be required for properties covered •>s by a planned unit development, or by a residential subdivision of ob II single family lots, unless required as a condition or approval. 27 3. A Site Development Plan shall consist of a plot plan of the proposed ;j development and any other information as required by the application 29 form which. is necessary for the evaluation of the proposed develop- 30 ment. 31 -9- 3_' 1 4. Th- applicants shall prepare the Site Development Plan in accordance 2 with all ordinance requirements ana all resolution and policy re- 3 quirements in relation to form and content. 4 Section 5: Sub-Section "C" is hereby added to Section 2135.2 to read 5 as follows: 6 "C", a residential sturcture certified under the National Mobile Construc- 7 tion and Safety Standards Act of 1974, on any lot where a single family 8 residence is allowed provided all provisions of the Zoning Ordinance are 9 complied with and further that a Site Development Plan is approved pursu- 10 ant to Section 2801 (b) of the Zoning Ordinance. 11 First read at a meeting of the City Council of the City of Vista, 12 California, held on the day of and finally 13 adopted and ordered published in the manner required by law at a 14 meeting hereof, held on the day of by the 15 following roll call vote: 16 ---- 17 AYES: COUNCILMEMBERS: 18 19 NOES: COUNCILMEMBERS: '20 21 ABSENT: COUNCILMEMBERS ?') ATTEST: 23 24 JEAN BROOKS, City Clerk GLORIA F. McCLELLAN, Mayor -0 26 iI CONTENTS APPROVED: I 97 28 + CiJ�-1' WILLIAM H. GUTGESELL gAECTOB Or At WU WII.LIAM H. GUIGESELL 29 Director of Planning a� 6EAanmEMr q(� CITY MALL all y.0.BO}1968 WO E"kIPTUS AV["UE VISTA CAUIOB"IA 9]06) 31 Tl.aled6.0 32 1 M i 4 41Yi..p,J W! Fr rthyY. � 'A y r j gg IN �IIItI d a t � �•L-�� � I, I�u 'llil J W Nw W 10 4-) U) -1 O NU0Ic ,1 •1 .1 Hro ul 'IN WO ro w ° . !3 N O W O b+ Cn 11 � 0 .'1U) 1 -� ?1NNWro 1 41 4) .0 ra W 1 (0 -0 'I fu b� I O A w � r. N Va 94J ♦ biy ° O -H 'i R E 4J U) W � ro W :3 b 'i _ Hul W 4jx 0 . . si ro -1 +) -H •11 > Na-Hmro '144 ,4J $4 °„' j ° >1ooro i N 9 4J 0 � _. IN ; U) 9 4J M � *ri m .19k94fu 4 N 4J q 4 lW1 yWi r1O 9 rt1 W R W m ul4aHmrt0 W 4 U) '-I � 4J '-I (A W b 4J 34 fa N by R ro .-I U) �j bi W M O .-1 R M rn N U W -'i -.i 0 W 3 44 U) ►I (y UI O O W O 4 aC (0 44 U C >� U) �'i�'Ski `:fin 42 . � F`• i VW }+�s stff❑ �4 Vie" d F� i t � .a•,ee ry,F��. // � i r r�w . { RE- too a � tt Y L. 1 : fr s t � .i d r L `�.�F 1 • e5 Yy�.t� yY Y fj(AJ 1 llz AL- ,LLy, I , t� y yy M � I v 4J N4 a E 3 to m •Ci4 41 0.14 •4 ..I —4 U ,C A •14 H 3 > m C 4J 0 - + C •11 0 -H a) t7+ > a! di > a E C .� •rq A N 0 O m ()A a) rO •,A a) kO ,C H •N E A 1) rO 0) 0 >,+) 0 7 m ." ,-i w � w [ " E ;» Ca4Jv 44 U 0 +) 0 d a) U w 0 0 0 N U M C >, E 0 ,4 CAMa (D4J 4W3 - a w 0) u fu a) m.a N E C rC E +) 0 q4 AA NA � a) C W 4J Q) M 4J 0 H 04 v m +) W ul W f�.' RCA M0) W 4AJ rO rO m E 0 •r4 C O came mtnom3Ou E 4 P =1 W Q _. .... K:. m.H O .t) ar 0 9) A ruO ax) A14K � � •� I +) rO x 0 N C m m m 4) w 0009 •a . ,C C w .N H to u H N () 4 o a) al r-) is 0 H to A A O, tea) 3 > .�C 7 aa)) A AC CA WA +A) Q)4J >, H rO •11 O E H 0 90 0 H N 3 W a)O al N 1 te A 09 a) i) A E i) 0 -H U a, m 0 >, m • a4J 0 m N O Iz .0 4 A N to rl r+ a vE341E °' C C • + m C is C W 0 ar E 3 m -ri a+ w .,f E U A J f 4C \ 1 { fIV f 51� 4� t�. x k' a r- '�',Yjy a :ta q I „rrn,t v I4 1 :AD .,E ...r....,.� J .r 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 CITY OF PALM DESERT LEGAL NOTICE INITIATION BY THE PALM DESERT PLANNING COMMISSION OF A Z014E CHANGE OF ALL RM (MOBILE HOME PARK AND MOBILE HOME SUBDIVISION RESIDENTIAL DISTRICT) TO R-1-M (SINGLE FAMILY/MOBILE HOME RESIDENTIAL DISTRICT) AND AMENDING CHAPTER 25.22 (MOBILE HOME) OF THE ZONING ORDINANCE FOR WHICH A NEGATIVE DECLARATION HAS BEEN PREPARED. CASE NO. ZOA 07-81 and CZ 04-81 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert Planning Commission to consider initiation by the PALM DESERT PLANNING COMMISSION of a Zone Change of all RM (Mobile Home Park and Mobile Home Subdivision Resi- dential District) to R-1-M (Single Family/Mobile Home Residential District) and amendment of Chapter 25.22 (Mobile Home) of the Zoning Ordinance for which a Negative Declaration has been prepared. R. .71� 1- M 14i Yr �I i I fF FX/ST/N R M ZONE 4 v 3; . SAID Public Hearing will be held on Wednesday, May 20, 1981 at 1 :00 p.m. in the Council Chambers in the Palm Desert City Hall , 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. RAMON A. DIAZ, Secretary Palm Desert Planning Commission PUBLISH: Palm Desert Post May 7, 1981