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Home My WebLink AboutMOBILE HOME RESIDENTAL DISTRICT C/Z 04-81 1981 PRECISE PLAN TENTAI-Wit I HAC; I , { ZONE CHANGE '- 'f/ PARCEL MAP VARIANCE. U.U.P. REFER TO:-- APPLICANT' ' ' 14LOCATION j - REQUEST :. ' ' ,ns , - � : X TING ZONE�.k�- J {PREPARATION PROGRESS DATE BY COMMENTS - APPLICATION RECEIVED LEGAL PUBLICATION SENT - _k. NOTICES SENTr FIELD INVESTIGATION DEPTS. NOTIFIED CF BUILDING ENGINEERING FIRE cu) POLICE _ � RECREATION & PARKS `> _� SCHOOL DISTRICT 41 DIVISION OF HIGHWAYS FLOOD CONTROL PRELIMINARY MEETING STAFF REPORT ir'C - i FINAL PLAN APPROVAL PRECISE PLAN (6) LANDSCAPING PLAN (5) PLAN. DIRECTOR MOD. (6) HEARINGS & ACTIONS 77 ` DATE ACTION VOTE REVIEW BOARD HEARING P.C. HEARING PUBLISHED P.C. PUBLIC HEARING APPLICANT NOTIFIED 3 C.C. PUBLIC HEARING ?� da ORDINANCE NO. RESOLUTION N0. EFFECTIVE DATE RECORDED FOR DATA- BANK ZONING MAP CORRECTED . ''"1• aI tri PgP.^tr�'..+�:��.:,ty-e L-e Ln�.'.."P-' A •r -. ri �....�.r�...�..J!-': h" u i r"" x i4 George & Luella Mees Joseph & Stephanie Gurskis Jerome & Marie Allen 20539 Archwood St 9380 Ruffner Ave. 74-573 Merle Dr. Canoga Park, CA. 91306 Sepulveda CA. 91343 Palm Desert, CA. 92260 Roy C. Irick Chester & Lynda Whitford Robert & Clara Lyons 1517 Via Arco 74-516 Gary Ave. 11203 Calle Jalapa Palos Verdes, CA. 90274 Palm Desert, CA. 92260 San Diego, CA. 92126 I Donald & Margaret Graf Richard & Betty Paul Sidney Burns P.O. Box 93 1526 Sheridan Rd. 856 N. Clark St j La Canada , Ca. 91011 Glendale, CA. 91206 Los Angeles, CA. 90069 Thomas & Myrleen Mandic Donald & Gayle Adams Carman & Frances Baird 74-715 Leslee Ave. 74-546 Gary Ave. 17 Beavertail Ln. Palm Desert, CA. 92260 Palm Desert, CA. 92260 Palm Desert, CA. 92260 i � Beryl & Barbara Smith Donald Cilch John & Lillian Milor 74-531 Gary Ave. 2733 Camino Dal Mar 3 Santa Bella Rd. Palm Desert, CA. 92260 Del Mar, Ca. 92014 Rolling Hills Estates, CA. 90274 Harry & Isadora Hassman Alma Hawkins Carol J. Jacoby 7970 Woodman Ave. 42-564 Rebecca Rd. 39-945 View Rd. #2 Van Nuys, CA. 91402 Palm Desert, CA. 92260 Rancho Mirage, Ca. 92270 Laine Floan Dolores Redman Kelly 74-516 Leslie 42-532 Rebecca Rd. 16-914 Raymond Ave. Palm Desert, CA. 92260 Palm Desert, CA. 92260 Gardena, CA. 90247 David & Gertrude Marx 011ie & Penay Edwards Robert & Thais Parker 74-530 Leslie Ave. 39-126 Moronga Canyon Dr. 319 Palos Verdes Blv. Palm Desert, Ca. 92260 Palm Desert, CA. 92260 Redondo Beach, CA. 90277 i Gladys Martin Charles & Jeunita Logue Mark & Patricia Duddy 74-548 Leslie Av. 74-531 Merle Dr 14811 Saticoy St. Palm Desert, CA. 92260 Palm Desert, Ca. 92260 Van Nuys, Ca. 91405 Drug Benefit Inc. Peter Capriotti 11 William &Helen Beal 9380 Ruffner Ave. 3375 Bent Twig Ln. 443 Janice St/ Sepulveda, Ca. 91343 Diamond Bar, Ca. 91765 Long Beach, CA. 90805 Thomas & Beverly Lafortune Samuel & Edna Smith George & Pauline Sepulveda 42-696 Rebecca Rd. P.O. Box 13 19-845 Viewridge Dr. Palm Desert, CA. 92260 Palm Desert, CA. 92261 Saratoga, CA. 95070 Samuel & Edna Smith Ed & Edrie Gerhardt Kenneth & Diana Tice P.O. Box 13 74583 Merle Dr. 42-511 Stephanie Cir Palm Desert, CA 92261 Palm Desert, CA 92260 Palm Desert, CA 92260 Jerome & Marie Allen Fred Hoffman 74-573 Merle Dr. 2616 z Via Mar Palm Desert, CA 92260 Marina Del Rey, CA 90291 Robert & Clara Lyons Mariann Henry Anibal & Julie Fernandez 11203 Calle Jalapa 74-715 Merle Dr. 42-570 Stephanie Circ San Diego, CA 92126 Palm Desert, CA 92260 Palm Desert, CA 92260 Sidney Burns Richard & Wanda Calvert David Moore 856 N. Clark St. 13261 Donegal Dr. P.O. Box 482 Los Angeles, CA 90069 Garden Grove, CA 92641 La Quinta, CA 92253 Richard & Diane Call Conrad & Patricia Otto 2038 N. Hobart Blvd. 42521 Claudia St. Annabel Stephenson Los Angeles, CA 90027 Palm Desert, CA 92260 530 W. Sixth St. , Ste 701 Los Angeles, CA 90014 Orva & Opal Brown Armand & Jacqueline Labrie Richard & Paula Bruner 74621 Merle Dr. 42-563 Claudia St. 74-614 Leslie Ave Palm Desert, Ca 92260 Palm Desert, CA 92260 Palm Desert, CA 92260 Christine & John Reynolds Harry * Isadora Hassman Frances Grey 718 S. Second Ave. 7970 Woodman Ave. 74-620 Leslie Ave Arcadia, CA 91006 Van Nuys, CA 91402 Palm Desert, CA 92260 'Chhistine Reynolds Laine Floan FLoyd Newbold 1065 S. San Rafael Ave. 74-516 Leslie 74-644 Leslie Ave Pasadena, CA 91105 Palm Desert, CA 92260 Palm Desert, CA 92260 Viginia White David & Gertrude Marx Frances Grey 9558 Swinton Ave 74-530 Leslie Ave 74-658 Leslie Ave Sepulveda, CA 91343 Palm Desert, CA 92260 Palm Desert, CA 92260 Kennth & Marilyn Krall Gladys Martin Norma Pampin 42550 Audrey Cir 74548 Leslie Ave 74-672 Leslie Ave Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260 Shirley & Robert Driscoll Ronald Slavick Robert & June Pierre 1798 Aspen Village 3105 Marywood Dr. M3 E Rff ag �26 West Covina, CA 91791 Orange, CA 92667 resno, Robert & June Pierre Chester & Lynda Whitford 4553 E. Redlands Z4516 Gary Ave Fresno, CA 93726 palm Desert, CA 92260 Dennis & Marsha Newbold 74684 Leslie Ave Richard ichard & BettySheridan d.Paul Palm Desert, CA 92260 Glendale, CA 91206 Charlie & Janice Griffin 74716 Leslie Ave Donald onald &Gary A Gay vele Adams Palm Desert, CA 92260 Palm Desert, CA 92260 William & Mary Morrow Michael & Joy Cuddy 74734 Leslie Ave 74562 Gary Ave Palm Desert, CA 92260 Palm Desert, CA 92260 George & Luella Mees Dawson & Christine Cummins 20539 Archwood St. 42697 Timothy Circle Canoga Park, CA 91306 Palm Desert, CA 92260 Roy Irick 1517 Via Arco Palos Verdes Estates, CA 90274 i Donald & Margaret Graf P.O. Box 93 La Canada, CA 91011 Joel Barley 74561 Leslie Ave Palm Desert, CA 92260 Benefit Drug Inc. 9380 Ruffner Ave Sepulveda, CA 91343 Thomas & Beverly Lafortune 42696 Rebecca Rd. Palm Desert, CA 92260 Joseph & Stephanie Gurskis 9380 Ruffner Ave Sepuveda, CA 91343 dilliam Siegel : Elizabeth .V. Co er 2almas De Portola Ltd. LO-501 Wilshire Blvd.#2204 : 8105 E. Jac St. ;c/o Palmas De Portola ,os Angeles , Ca. 90024 : Paramount a. 90723 �• 0. Box 47 520-200-001 620-20 12 :Palm Desert, Ca. 92260 :620-190-004 ............................................................................................................. ••• ..... .... .... :erstin & Gary Doze Betty & Oran D :Thomas/Richard •Taylor 2107 .Oxford St. 39-186 Mor a Canyon . Dr. .1333 Padres Tr. Sacramento, Ca. 95815 Palm De t, Ca. 92260 :La. Canada, Ca. 91011 520-200-002 620- -013 *620-190-006 ......... ...... . ............................................................................... ?hyllis.•S. Johnson :••Theresa & Vincen ortera :Thomas/Richard Taylor L910 Mill Road 2459 Haff Av e :1333 .Padres Tr. 3o. Pasadena, Ca. 91030 No. Bell e New York ;La . Canada, Ca. 91011 520-200-003 11710 :620-190-011 62 - 00-014 Janice & .Timothy Forsyth Dolores & James _Uaerno :John/Jean Drabble . 22912 Evalyn Avenue : 18711 Beach :5079 Calatrama Ave. rorrance, . Ca. 90505 : Huntingt each, Ca. 92645.`Woodland . Hills, Ca. 91364 520-200-004 : 620-2 -015 :620-190-012 .......................................... .................... ...... ... ......................................... 3everly & Joseph Laurenzano Patricia _& Robert an :William Siegel 222 Park Royal 18711 Beach B :10-501 Wilshire Blvd. #220, -Toster . City, Ca. 94404 : Huntingto each, Ca. 92648:Los Angeles , Ca. 90024 520-200-005 : 620-2 15 :620-200-001 ...........................................:.................................................... .. .............. 3everly&Joseph Laurenzano Chris B. Miller Kook Country Ltd . 222 Park Royal _ c/o Security Pac ' at ' 1 :c/o Thomas Taylor Oster City, Ca. 94404 Bank :1812 Ortiz St. 520-200-006 P. 0. Do<4382 _Term. Annex.:Las Vegas , N. Y. 89102 Los geles , Ca. 90051 620-200-030 ...................... ............. .. ..................... ... ... ... . .... ..... .... .... .... . ...... ... ..... .. .... desert Cities Baptis urch: 620-200-016 :Enzo/Maria Provenzq ?. 0. Box 2215 :•70-350 Chappel Rd. Palm Deser a. 92260 :Rancho Mirage, Ca. 92270 S20-20 7 . ? :620-200-031 .....................................:.................................................................................. o. Joan- Siegel :PORTOLA GREENS COUNTRY CLUB !Abe Reider LO-501 Wilshi lvd. #2204 : c/o IronTree Mgmn ' t. Co. #146-730 Amir Drive Los Angel , Ca. 90024 73-271 Hwy Ill :Palm Desert , Ca. 92260 'i520-2 08 : Palm Desert, Ca. 92260 :653-400-002 620-170-005 ..................................... ........................ ............................... o . Jewel M. Miller :First American Trust Co . :N. Joan L. ?1-279 .W. Entr Road ; p, 0. Box 267 :Orchid Tree Lane ;�p0a20ga, . C9 90290 : Santa Ana, Ca. 92702 : Palm Springs , Ca. 92262 : 620-190-001 ; 653-380-016 ..................................... ...............................................:......................................... !ir inia G. Gilber :First American Trust Co. i908 Vista St : P. 0.. Box 267 : Bertha T. Likowski : Santa Ana, Ca. 92702 : 77 Highway 111 >an Ca brie , Ca. 91775 : 620-190-002 : Rancho Mirage, Ca. 92270 20-20 10 : 653-380-017 .................................... ................................................................................... Etienne & Louis E- sh :Palmas De Portola Ltd )171 Wilshire #530 :c/o Palmas De Portola everly it Ca. 90210 P. 0. Box 47 ,20-2 :Palm Desert, Ca. 92260 : 620-190-003 DAVID FREEDMAN CO. , INC . :DONALD/LAURA HOLTY Mr: Abe .R ' der P. O. .Box 501 : 440. Cross 46-780 A r Drive Thermal, Calif. 92274 ;Laguna Beach, Ca . 92651 Palm De ert, CA 92260 653-390-002 653-390-011 620-030-007 :653-40 001 , 002 ,003,004,OC 653-390-009 653-400-005 PORTOLA PROPERTIES : RICHARD L. BALL 2145 E. Tahquitz/McCallum : 38-180 Azelea Drive Suite #4 : Palm Desert, Ca. 92260 Palm Springs , Ca. 92262 620-030-008 653-380-010 <.......... .... .. . .. .. .. . .. .. . . . . . . .. . . .. . ......... . . . . . .... . . . ......... ..............:.....<..............................<.... ROBERT C . BUTSCHER HENRY H. HONG 10555 Flyingfish Circle : 746 Cleveland Street Fountain Valley, Ca. 92708 : Oakland, . Ca. 94606 653-380-011 620-030-009 f «<<<............ ..........................<<......<.. .<<......... ,.o... .. . .<,.,...., ,. GEORGE/JOSEPHINE KAUFMANN : TABET RAE 67-810 Carol Dr. : L.L. MC CULLOUGH Cathedral City, Ca. 92234 : 5342 Smiley Drive . 653-380-012 : Los Angeles , Ca. 90016 : 620-030-016 TtOGER SENIOR : DAVID T. WHITE 12-610 Betty Lane : 2831 Virginia Road . Rancho Mirage, Ca. 92270 : Los Angeles, Ca. 90016 653-380-013 620-030-020 . . . .. . ..... .I . . ... .... ... .. . . . . ... . .. ...... .. ... ... .I .... ... .I . . . .. .. .. ... . ..... ,... ,.., ,. ROBERT/RITA WOOD : LOUISE WHITE 71-841 Highway Ill 2831 Virginia Road . Rancho Mirage, Ca. 92270 ' Los Angeles , Ca. 90016 653-380-014 620-030-021 TIMOTHY M. JOHNSTON : JOHN M. WHITE P. 0. Box 2214 : c/o J & G WHITE Anaheim, Calif. 92804 : 5246 Redwillow Lane 653-380-015 : La Canada, Ca. 91011 : 620-030-022 JOAN L. FLYNN iLOUISE/GERALD WHITE 597 Orchid Tree Lane : 2831 Virginia Road . Palm Springs , Ca. 92262 ; Los Angeles , Ca. 90016 653-380-016 i620-030-023 BERTHA T. CIESLIKOWSICI ; DESERT FALLS DEVELOPMENT 71-677 Highway Ill ' 1631 E. 18th St . Rancho Mirage, Ca . 92270 : Santa Ana, Ca. 92701 653-380-017 i619-021-001 i619-021-002 MARION J. RUDZINSKI iBALLEW/McFARLAND, INC . P. 0. Box 3603 i74-075 E1 Paseo - Suite A-7i Long Beach, Ca. 90803 ; Palm Desert , Ca. 92260 620-030-001 STANLEY C . HOLTY : WAGNER-STANFORD CONSULTANTS' 1724 Gage Road : 74-075 El Paseo - Suite A-7, Montebello , Ca. 90640 Palm Desert, Ca. 92260 620-030-006 Arthur & Ruth 4eatley David & Sherry Mays 74-351 Gary Ave. 14-130 Hart St. Palm Desert, CA. 92260 Van Nuys, CA. 91405 Joseph & Eleanor Myers William & Fern Brown 4532 Rosemont Ave. 74-463 Gary Ave. La Crescenta, CA. 91214 Palm Desert, CA. 92260 Donald & Grayce Goodenow Paul & Maxine Ohliger 526 Venado Vista 74471 Gary Ave. La Canada, CA. 91011 Palm Desert, CA. 92260 i Riley Drake Diana Campbell 924 W 245th St. 21709 Michale St. Harbor City, CA. 90710 Canoga Park, CA. 91304 Edward & Irene Sells Sherman & Lady Smith George & Norma Fredluno 1508 Eton P1 2319 Rebcca St. Newport Beach, CA. 92660 W. Covina CA. 91792 William & Eileen Forsberg 924 E. Cypress Ave. Glendora, CA. 91740 Joseph & Marcella Carlos 74-399 Gary Av. Palm Desert, CA. 92260 Ned & Abraham Khorey 402 North Glassell Orange, CA. 92666 Stanley & Margaret Bowen 7 Leda Irvine, CA. 92714 Marvin & Frances Dennis 74435 Gary Ave. Palm Desert, CA. 92260 SBS Inc. 34500 Date Palm Dr. Cathedral City, CA. 92234 Mervin and Magilyn Viner James & Jayne Dodge Robert & Ruth Temple 5012 Rubi A 4262 C7yb rn A e 850 Arcadia Ave Encino, CR H436 Burbank, �� 15�5 Arcadia, CA 91006 Irvin & Clyta Bresee John & Audrey Devite Edware & Barbara Beaune 1002 North Palm 900 S. 6th Ave $356 4501 La Brea Turlock, CA 96380 ! Hacienda Heights, CA 91745 Oxnard, CA 93030 Edward and Betty Heinze Harold & Barbara Hardy Robert & Betty Neidhamber 2756 Lizbeth 253 Suez St. 2838 Fragancia Ave. Anaheim, CA 92806 Palm Springs, CA 92262 Hacienda Heights, CA 91745 i .. Roger & Hobyna Hirdler ' Emanuel & Jacquelyn Montoya D:E. & Jeanette Hughes 12656 Farndon Ave. . 44879 San Antonio Cir 2220 E. Nura Ave Chino, CA 91710 Palm Desert, CA 92260 Anaheim, CA 92806 Ear & Mary Parlette Eugene Tompkins Raymond & Florence Budman 42-158 Bodie Rd. 25831 La Serna 2738 Ceilhunt Ave. Palm Desert, CA 92260 Laguna Hills, CA 92653 Los Angeles, CA 90064 Jack & Leedia Mardesich Richard & June Atherton Thomas & Patty Virgil 1632 10th St. 2631 Cypres Point Dr. 74085 Angels Camp Rd. San Pedro, CA 90732 Fullerton, CA 92633 Palm Desert, CA 92260 Bernard & Frances Pocrass Paul & Harriet Weisenberger Harvey & Virginia Pearson 42110 Bodie Rd. 74120 Angels Camp Rd. 4633 Gorham Dr. Palm Desert, CA 92260 Palm Desert, CA 92260 Corona Del Mar, CA 92625 Frank & Jean Thornquest Curt & Jacqueline Strobel Kenneth & Doreen Briggs 604 Vicente 5801 Comstock Ct. 741 Santa Barbara Dr. San Clemente, CA 92672 Cypress, CA 90630 Claremont, CA 91711 Walker & Doris Owens Opal WIse Byron & Paulette Benson 3828 Carson St. , Ste 101 13908 Figi Way, #356 8225 Paso Robles Ave Torrance, CA 90503 Marina Del Rey, CA 90291 Van Nuys, CA 91406 Palm Desert 210 Ltd. Edward & Beverly Correa Portola Golf Ranchos Ltd. P.O. Box 1905 17563 Knight Dr. 707 Wilshire Blvd. Newport Beach, CA 92660 Castro Valley, CA 94546 Los Angeles, CA 90017 Jean Peplin Samuel & Ruth Marcus Mortimer & Iome Diamond 1268 E. Ramon Rd. #61 187 N. Rockrose Lane 74209 W. Zirc Circ Palm Springs, CA 92262 Agoura, CA91301 Palm Desert, �� 92260 Wallace & Dolores Sickels Janet Blanchard T.A & Mary Middal 15555 Huntington V1g. W144 7745510 E. A u tt Cir 42-476 Bodie Rd. Huntington Beach, CA 92647 Paim Deser .��2�p Palm Desert, CA .92260 Ca Alex & Shirley Scher Thomas Lane Roseann C. Hindman 74129 W. Zircon Cir 26609 Academy Dr. 42-452 Bodie Rd. #3 Palm Desert, CA 92260 Palos Verdes, CA 90274 Palm Desert, CA 92260 Charles & Marie Judice Aletha D. Lee Edwin & Arlette Koontz 24-602 Via Tequila 74-522 E Azurite Cir P.O. Box 4863 E1 Toro, CA 92630 Palm Desert, CA 92260 Diamond Bar, CA 91765 Elizabeth Brasch John Stevens 2216 Nebraska P.O. Box 367 Kenneth & Harriet Hyde 9619 La Tune Canyon Rd. West Covina, CA 91792 El Toro, CA 92630 Sun Valley, CA 91352 Herman & Netta Oringel Clyde & Thelma Mayer Opal Wise 650 Westbourene Dr. 7322 W. 82nd St. 13908 Figi Way #356 Los Angeles, CA 90068 Los Angeles, CA 90045 Marina Del Rey, CA 90291 Gerald & Lillian Singer Jeanette Waitkus Richard & Helene Feldman 10100 Santa Monica Blvd. 2600 2978 Pine Grove Lane 12430 Hortense St. Los Angeles, CA 90057 Mainville, Ohio 45039 Studio City, CA 91604 Jane Duryea Walter & Louise Cluberton Ivan & Virginia Tennis 1445 26th St. #3 No. 1 Heron St. 95 Calle De Espacio Santa Monica, CA 90404 Irvine, CA 92714 Palm Springs, CA 92262 Harry & Dorothy Tovaas Ray & Bernice Ostrander Donald & Irene Josephson 1001 W. Lambert Rd. #203 15295 La Belle 1097 Salvador La Habra, CA 90631 Hacienda Heights, CA 91745 Costa Mesa, CA 92626 Joan Goetz Robert & Anna Mohnsen Edward & Mollie Coine James Huse 74337 Angeles Camp Rd. 5904 Shenandoa Ave 18360 K. Collins St. Palm Desert, CA 92260 Los Angeles, CA 90056 Tarzana, CA 91356 Richard & Andrea Sanchez Fern& Oleta Stout Clara Salisbury 74492 E Azurite Cir 43500 Monterey Rd. 73958 Zircon Circle West Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260 John & Carolyn Wright James & Salley Mayer Stanley & Rose Ascher 30259 Palos Verdes Dr. E 74153 Mercury Circle West 1631 S. Bedford St. Rancho Palos Verdes, CA 90274 Palm Desert, CA 92260 Los Angeles, CA 990 35 Clara Brees 13eryi a odiun u - aret Stearns 74-531 Gary Ave )33 W. zircon Cir Palm9Desert, CA t 92260 Palm Desert, CA 92260 Im Desert, CA 92260 Betty Wilson Dame Construction Co. Inc na Elliott 77045 Desi Dr. 42555 Portola Ave 570 Landau Dr. Indian Wells, CA 92260 Palm Desert, CA 92260 xford, PA 15090 nes Harry Spade trco Polo Mobile Village 233 Postrnold St. , Ste 600 43301 Portola Ave 60 i559 Paramount Blvd. Palm Desert, CA 922 iramount, CA 90723 San Francisco, CA 94108 Virginia Black Warren Rigdon V barren Rigdon 70345 Placerville Rd. 0-345 Placerville Rd. 544 Georgian Rd. Rancho Mirage, CA 92270 ancho Mirage, CA 92270 Flintridge, CA 91011 1 Lewis Homes of Calif. Robert & Cathy Jozwiak Frederick Whitman Floor P.O. Box 670 35174 Richard Rd. S Upland, CA 91786 Downers Grove, Ill 60515 San Francisco, CA 94108 Silver Spur Associates Donald Cilch Ardath & Patrick Flynn 48870 Portola Ave. 2733 Camino Del Mar 3920 Twiggs Del Mar, CA 92014 San Diego, CA 92110 Palm Desert, CA 92260 Gordon & Geneva Alexander Alma Hawkins Vincent & Ruth Griffin 73401 Goldflower 42564 Rebecca Rd. 72-420 Starburst Dr. Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260 Pacific Mutual Life Insurance Dolores Redman .Larry Larson 3835 Birch St. 42532 Rebecca Rd. 881 Lambert Rd. Palm Desert, CA 92260 .La Habra, CA 90631 Newport Beach, CA 92660 011ie & Penay Edwards Eugene & Melba Senecal Silver Spur Reserve 39126 Moronga Canyon Dr. 72412 Starburst Dr. 2200 Powell St. Palm Desert, CA 92260 Palm Desert, CA 92260 Emeryville, CA 94608 Charles & Jeunita Logue Harry & Ann Parkhurst Silver Spur Associates 74-531 Merle Dr. 72-402 Starburst Dr. 49200 Mariposa Dr. Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260 Peter Capriotti II Benjamin & Janet Kaplan Thmas & Myyrleen Mandic 3375 Bent Twig La 4221 Clear Valley Dr. 74715 Leslee Ave. Diamond Bar, CA M765 Encino, Ca 91304 Palm Desert, CA 92260 Harold & Ida Bernstein Cal & Jane Pool Joseph & Sylvia Tucker P.O. Box 2905 1212 W 58th St. Debra Schlee Van Nuys, CA. 91404 Los Angeles, CA. 90037 8735 Delgany Ave. Apt 307 Playa De. Rey, Ca. 90291 I Leland & Helen Henderson Cheryl Nickerson & John Crowson Fred & Yvonne Hill 6742 Los Verdes Apt. 2 13600 Sylvan St. 7080 Vogel Valley Rd. Rancho Palos Verdes, CA. 90274 Van Nuys, CA. 91401 Loomis, CA. 95650 Jacob & Helen Blonk Gaiennie Michael & Lela Cordardo 420 Crestlake Cir 42-640 Vanadium P1 346 N. Sunset Ave. sp 144 Placenita, CA. 92670 Palm Desert, CA. 92260 La Puente, CA. 91744 Philip & Marilyn Plotkin Gerold & Ursula Weber Ann Badham 1247 Viola Ave. Apt. 10 2 Cinnamon Ln. P.O. Box 537 Glendale, CA. 91202 Rancho Palos Verdes, CA. 90274 Palm Desert, CA. 92260 Samuel & Marie Furnari Alfred Dobriner Douglas & Marilyn Ostman 610 Santa Ynez, Ln. Western Land & Dev. Co. 2522 23rd St. San Gabriel , Ca. 91775 42-500 Portola Ave Newport Beach, CA. 92660 Palm Desert, CA. 92260 Howard Bibby Joseph & Kathryn Richardson Donald & Grace Linton 46-100 Ocotello #3 74-251 Gary Ave. P.O. Box 237 Palm Desert, CA. 92260 Palm Desert, CA. 92260 Palm Desert, CA. 92260 Silas & Alice Bradshaw S B S Inc. Arnold & Lea Giese 157 Madrid St. 16-215 Sierra Path Way 12-420 Lansdown Dr. Rancho Mirage, CA. 92270 Hacienda Heights, Ca. 91754 Edmonton ALB CAN. T6H4L5 Warren & Adele Bliss Wayne Graycroft Charles & Florence Coleman 78-451 Crestview Ter. Cotta Elmer Tr. 1102 21st St. Palm Desert, CA. 92260 P.O. Box 1995 Hermosa Beach, CA. 90254 Palm Desert, Ca. 92260 Donald & Ann Seibert Ronald & Elizabeth Cuming William & Iginia Fischer 16659 Halstead St. 918 Park Rim Cir 74-315 Gary Ave. Sepulveda, CA. 91343 Anaheim, CA. 92807 Palm Desert, CA. 92260 William & Virginia Law Ron Chiapuzio Lucile Armstrong 55-259 Bean Creek Rd. Steve Folsom P.O. Box 1316 Scotts Valley CA. 95066 13001 Lovetta Dr. Palm Desert, CA. 92260 Santa Ana, Ca. 92705 Richard & Florence Babtkis Robert & Janet Boysen Arthur & Jean Bammel 11290 S. Garfield Ave 42-616 Tungsten Pl 74-339 Gary AVe. Downey, CA. 90242 Palm Desert, Ca. 92260 Palm Desert, CA. 92260 Sigmar & Grace Carlsen Warren & Doris Denen Robert & Janice Leblow 345 E. 19th St. 1120 24th St. 8186 i 23rd. St. N Vancouver, BC. Can V7L274 Santa Monica, CA. 90403 Westminster, CA. 92683 Mary Digesu Robert & Norma Menke Michael Brisandi Ida Rees 3090 Arlott Ave. 7601 Irondale Ave. P.O. Box 1666 Long Beach, CA. 90800 Canoga Park, CA. 91306 Palm Desert, Ca. 92260 Ray & Evelyn Crawford William & Wanda Burke Hester 74-628 Azurite 2724 Via La Selva 500 Brower St. Palm Desert, Ca. 92260 Palos Verdes Estates, Ca. 90274 Placentia, CA. 92670 Edward & Clara Sukowsky Peter & Yvonne Vahbodegraven Albert & Agavnie Shabazian 2305 N Cottonwood St. 73-998 Nevada Circle West 13707 Hart St. #5 Santa Ana Ca. 92701 Palm Desert, CA. 92260 Van Nuyes, CA. 91405 Delmar & Margaret Persinger William & Orpha Guilford SBS Inc. 18-110 Killion St. P.O. Box 983 34-500 Date Palm Dr. Tarzana, Ca. 91380 S. Lake Tahoe, CA. 95705 Palm Springs, CA. 92262 Raul Fernandez Scott McKee Vasgan & Rose Solakian 1405 N. New Hampshire #110 73-982 W. Nevada Cir 11-032 Magnolia Blvd. Los Angeles, CA. 90027 Palm Desert, CA. 92260 North Hollywood, CA. 90601 Maurice Gibson Harriet Marantz William Anderson & Cameron Madeline Moon 11-965 Gorham Kirkland 2925 Artesia Los Angeles, CA. 90049 74-036 W. Mercury Cir Torrance, CA. 90504 Palm Desert, CA. 92260 r Clinton & Lena Root William & Marilyn Brooks Thomas & Loretta Sullivan 73-926 W. Zircon Cir. 73-959 W. Nevada Cir 15-815 E. Lone Ridge Palm Desert, Ca. 92260 Palm Desert, CA. 92260 Whittier, CA. 90604 Frank & Arleene Horne Clifford Johannes Audrey & Maureen Curran P.O. Box 1944 404 Driftwood Cir 74-012 Mercury Cir West Costa Mesa, CA. 92626 Slidell , La 70458 Palm Desert, CA. 92260 Barbara Hutcheson Ralph & Mildred Willis Hugh & Lorraine Blackstone 24 Fairy Ave P.O. Box 188 74-005 Mercury Cir Huntsville Ontario, Canada Sedro-Woolley WA 98284 Palm Desert, CA. 92260 Ronald Burton Florence Armes Earlene Schildge 8535 Artesia 73-705 Hwy 111 74-645 Yucca Tree Dr. Bellflower, CA. 90706 Palm Desert, CA. 92260 Palm Desert, Ca. 92260 Norman & Barbara Preston Bruce & Mary Detsch Robert & Harriet Marantz 74-536 E. Nevada Cir P.O. Box 1833 11-965 Gorham Palm Desert, Ca. 92260 Newport Beach, Ca. 92663 Los Angeles, CA. 90049 Betty Oberg Merele Baron Keith & Jayne Kinsey 74-529 E. Nevada Cir 422 Ewell Ave. P.O. Box 182 Palm Desert, CA. 92260 Aptos, CA. 95003 Dana Point, Ca. 92629 Ellis & Cira Dasher Zane & Joan Radney James & Diana Kleinman 74-520 E. Nevada Cir 20311 Clark St. 5130 Orrville Av. Palm Desert, Ca. 92260 Woodland Hills, CA. 90052 Woodland Hills, CA. 91367 Beverley Hadley Jack & Shirley Shabazian Melvin & Mary Singer P.O. Box 82338 12-820 Mirano St. 900 E. Saturnino Burnaby BC Canada V5C 5P8 No Hollywood CA. 91607 Palm Springs, CA. 92262 Fred Johns Erika Dukes James & Juana Cundieff 70210 Hwy 111 74-560 E. Nevada Cir 48-386 Elm St. Rancho Mirage, CA. 92270 Palm Desert, CA. 92260 Indio, CA. 92201 Clarence & Bette Day Caroline Musser Helen & Diane Beckos 74-609 E. Zircon Cir 74-682 Zircon Cir 74-687 E. Azurite Cir Palm Desert, Ca. 92260 Palm Desert, Ca. 92260 Palm Desert, CA. 92260 Fred & Joan Filgiano MED Investments John & Mayne Murray 1065 W Lomita Blvd. SP 38 9570 Wilshire Blvd. Ste 300 P.O. Box 425 Harbor City, CA. 90710 Beverly Hills, CA. 92260 La Quinta, CA. 92253 Portola Golf Ranchos LTD Joyce Howard Harold & Hilda Smith 9570 Wilshire Blv. STE 300 74-666 Zircon Cir 1480 Foster St. Apt 201 Beverly Hills CA. 90212 Palm Desert, Ca. 92260 Whiterck, BC. Can. V483X7 Robert & Theresa Symington Howard Szilagyi Gordon & Hazel Heavysege 3101 S. Fairview SP 65 18-813 Haas Ave 74-676 E. AZurite Cir Santa Ana, CA. 92704 Torrance, CA. 90504 Palm Desert,Ca. 92260 Harry & Mirian Torrey Harold & Marjorie Murch Louis & Margaret Paulson 17-018 Illinois It. 18-975 N W Athena 74-668 E. Azurite Cir Torrance, CA 90504 Portland, OR. 97229 Palm Desert, CA. 92260 Richard & June Atherton Terry Keown Eugene & Mae Stipanov 2631 Cypress Point Or 74-360 Primrose Dr. 2910 Peck Ave. #8 Fullerton, CA. 91133 Palm Desert, Ca. 92260 San Pedro, Ca. 90731 Leo & Eleanore Maat Michael Hurley Edwin & Joyce Waters 6552 Nevada Ave. 11-919 Smith Ave 74-429 E. Mercury Cir Canoga Park Ca. 91303 Santa Fe Springs,7CA. 90670 Palm Desert, CA 92260 i Norma Walker Martin & Vivian Schneider Larry & Esther Barnes 28630 Vista Madera 92 Wildwood 19-523 Shelyn Dr. San Pedro, Ca 90732 Irvine, Ca. 92714 Rowland Heights, CA. 91748 Earl & Lelia Nickerson 42-543 Granite P1 Erwin & Lillian Kaufman Marvin & Iris Gore Palm Desert, Ca. 92260 973 W 24th St Apt 2 2841 Sunset Hill Dr. San Pedro, Ca. 90731 West Covina, CA. 91791 William & Betty Willson Vincent & Marie Ruggiero John & Gail Lawson 417 East 20th 2275 W 25th St sp 119 74-376 Gary Ave. Costa Mesa, CA. 92627 San Pedro, CA. 90732 Palm Desert, CA. 92260 B. Garbutt Herbert & Anna Wolf Silas & Alice Bradshaw J McMorrow 71-111 Caprice Cir 157 Madrid St. 11661 San Vicente Blv. La Palma, CA. 90623 Rancho Mirage, Ca. 92270 Los Angeles, CA. 90049 Marie Lawriesmith John & Marie Krakowiak Ellsworth & Lucie Lewman 42-510 Granite P1 74485 Murcury Cir 13-743 Ridge Rd. Palm Desert, Ca. 92260 Palm Desert, Ca. 92260 Whittier CA. 90601 Harriet Marantz Harry & Phyllis Sham Edward & Rose Baczynski 11-965 Gorham 54465 Newcastle Ave. #3 1031 N Windsor St. Los Angeles, CA. 90049 Encino, CA. 91316 Anaheim Ca. 92805 William & Harriett Campbell John & Ruth Hilliker Frederick & Ruth Bowen 1065 W Lomita Blv. sp 117 74-469 Mercury Cir P.O. Box 452 Harbor City CA. 90710 Palm Desert, Ca. 92260 Cathedral City, Ca. 92234 Joseph & Shirleyernuto Warren & Magdalen Hudson Iris & Lillian Barrow y 42-566 Grunite P1 John & Margaret Crosthwaite 74-584 Nevada Cir Palm Desert, Ca. 92260 1810 Pine Dr. Palm Desert, CA. 92260 La Harbra Ca. 90631 John & Joyce Demeester Bruce & Albert Howorth Robert & Jacquline Moore 42-580 Granite Pl 3535 Sundown Ln. 5525 Hazeltine Ave. Palm Desert, Ca. 92260 Oceanside, CA. 92054 Van Nuys, Ca. 91401 Mark & Patricia Bond Marshall Investments Leonard & Dena Segall 2770 Verde Ave. 9570 Wilshire Blv. Ste 300 1906 Amber Ln. Anaheim, CA. 92806 Beverly Hills, CA. 90212 Burbank, CA. 91504 Sherman & Lady SmitF Edgar Johnson & Frances Lehr Vera Kitchen 1508 Eton P1 2054 Brentwood Dr. John & Mavis Binger Newport Beach, Ca. 92660 Palm Springs, CA. 92262 74-379 E- Mercury Cir Palm Desert, Ca. 92260 Birja & Mildred Wilkins Richard & Doris Footner Daniel & Jane Chez 104 D Calle Patricia 16551 Carousel Ln. 74-399 E. Mercury Cir San Clemente, CA. 92672 Huntington Beach, Ca. 92649 Palm Desert, Ca. 92260 James & Maudien Hester Ivan & Virginia Tennis George & Lucy Luhan 1937 Middlebrook Rd. 95 Calle Del Espacio 9 Linda Isle Torrance, CA. 90501 Palm Springs, CA. 92262 Newport Beach, Ca. 92260 Carl & Betty Lake Elaine Parke Irving & Shirley Tuch 14615 Los Fuentes Rd. P.O. Box 176 155 S. Swall Dr. La Mirada, CA. 90638 Anchorage, AK 99510 Los Angeles, Ca. 90048 William & Wanda Burke John & Jeanne Tuttle John Tuttle 2724 Via La Selva 17895 Skypark Cir Ste G 200 Via Lido Norte Palos Verdes Estates, CA. 90224 Irvine, CA. 92714 Newport Beach, CA. 92663 Walter & Grace Koch Rex & Evelyn Rogers Doris Steer 515 W. 75th St. P.O. Box 451 42-410 Sutters Mill Rd. Kansas City, Mo 64114 Sedro-Woolley, Wash 99284 Palm_Desert, Ca. 92260 Norman & Lillian Obrien Crist & Bernice Ricketts William & Marilyn Duncan 9300 Blue Oak Dr. 2460 Oakcrest Dr. 6619 Balcom Ave. Orangevale, Ca. 95662 Palm Springs, Ca. 92262 Reseda, CA. 91335 William & Ignia Fischer Ellis & Betty Pouget Bob & Jean Krauss 5202 Coventry Dr. 74-325 Mercury Cir E 79-410 Hwy ill Riverside, CA. 92506 Palm Desert, Ca. 92260 Indio, CA. 92201 Roy & Lorraine McCreery Harold & Helen Jensen Howard & Dixie Larsen 74-354 E. Mercury Cir 74-335 E. Mercury Cir 42-613 Granite P1 Palm Desert, Ca. 92260 Palm Desert, Ca. 92260 Palm Desert, Ca. 92260 Donald & Juanita Peck Frederick & Lois Pausch Gloria Dresen 5001 Appleblossom Dr. #8 74-345 E. Mercury Cir Robert & Helen Pondick Bakersfield, Ca. 93309 Palm Desert, Ca. 92260 20209 Gresham Canoga Park, Ca. 91306 Edward & Bette Gorman Ruth & Eleanore Lanz Herman & Patricia Hintz 74-300 Mercury Cir 74-359 E. Mercury Cir 42-585 Granite P1 Palm Desert, Ca. 92260 Palm Desert, Ca. 92260 Palm Desert, CA. 92260 Warren & Winifred Camp Calvin & Norma Doescher Palm Desert 210 LTD 4428 La Granda Way 8206 Reading Ave. 5458 Cajon Ave La Canada, CA. 91011 Los Angeles, CA. 90045 Buena Park, CA. 91621 Gary & Sharon Volmer Walter & Mildred Clark Frances Rae 627 E. Pamela Rd. 7601 Irondale Ave. 74-577 E. Zircon Cir Arcadia, CA. 91006 Canoga Park, CA. 91306 Palm Desert, CA. 92260 Casa Laguna Corp Mildred Lind & Sally Mayer Patrick & Arlene Mcgrath P.O. Box 1905 74-585 E. Zircon Cir 5772 Garden Grove Blv.#105 Newport Beach Ca. 92663 Palm Desert, Ca. 92260 Westminster, CA. 92683 Merlian, Noorigian, Mooshagian,, Glenn Merlian Townsend Scudiero, Farber Cynthia & Graig Mooshagian 3678 4th Ave. 2710 W. 177th St. Joseph Scudiero San Diego, Ca. 92103 Torrance, Ca. 90504 2710 W 177th St. Torrance CA. 90504 Norman & Jean Schultz Cecil & Audrey Winters Roberta Griffin 1759 W. 183rd St. 74-591 E. Azurite Cir P.O. Box 1425 Homewood I1 60430 Palm Desert, CA. 92260 Torrance, CA. 90505 Dave Winters Stanley & Doris Piser Lawrence Cook 7145 Kelton Way 4455 La Barca Dr. Edith Ostler Stanton, CA. 90680 Tarzana Ca. 91356 P.O. Box 1424 Palm Desert, Ca. 92260 I Palm Desert 210 Ltd Calvin & Norma Doescher Palm Desert 210 LTD c/o Casa Laguna Corp 8206 Reading Ave. 22852 Tamora Dr. P.O. Box 1906 Los Angeles, Ca. 90045 Laguna Niguel , CA. 92677 Newport Beach, CA. 92260 Robert & Kathleen McCoy Walter & Mildred Clark Palm Desert 210 LTD 42-552 Granite P1 7601 Irondale Ave. 22776 Montalvo Rd. Palm Desert, CA. 92260 Canoga Park Ca. 91306 Laguna. Niguel , CA. 92677 Cecil & Audrey Winters Palm Desert 210 LTD Booker & Enid Everett 74-591 E. Azurite Cir 54-637 Bennecia Tr 10714 Horley Ave. Palm Desert, CA. 92260 Yucca Valley, CA. 92284 Downey CA. 90241 Ray 0. Ostrander Palm Desert 210 LTD Charles & Jane Glover 15-295 La Belle 1938 Chabtuckeer Rd. 201 Appaliachian Cir Hacienda Heights, Ca. 91745 Anaheim CA. 92804 Placentia, CA. 92670 Stanley & Doris Piser Palm Desert 210 LTD Russell & Elizabeth UHL 4455 La Barca Dr. 22927 Lull St 74501 E. Nevada Cir-Portola Tarzana, CA. 91356 Canoga Park, CA. 91304 Palm Desert, Ca. 92260 Jerald & Shirley Webster James Farber Daker & Betty Volkert 29-500 Heathercliff Rd. #205 11219 Culver Ct. 74-179 W. Mercury Cir Malibu, CA. 90265 E1 Cajon, CA. 92020 -Palm Desert, CA. 92260 Claire Thomas Peter & Mary McPhail Terry Hackett 1054 E 2nd St. Apt. 302 1480 Foster St. Ste. 408 1 17 Deerwood Ln Long Beach, CA. 90802 Whiterock BC. Canada V4B3X7 Newport Beach Ca. 92660 Wilbe Engineering Inc. Raymond & Doris Spencer James & Sally Mayer 74-015 W. Nevada Cir. 20425 Osage Ave. 74-153 Mercury Cir Palm Desert, Ca. 92260 Torrance, CA. 90503 Palm Desert, Ca. 92260 Lloyd & Josephine Mcfee j Donald & Catherine Stumbo Micael Scarlat 15-455 Glenoaks Blv. Sp 52 74-216 Mercury Cir. West P.O. Box 38 Sylmar, CA. 91342 Palm Desert, CA. 92260 Etiwanda CA. 91739 i John & Helen Nazarian Byron & Charlotte Moody Ben & Jean Edge 17-256 Leadwell St 5603 Scotwood 18-730 Naj Ave Van Nuys, Ca. 91406 Rancho Palos Verdes, CA. 90274 Northridge, CA. 91326 Hilbe Engineering Inc. William & Marjorie McCarthy John & Margaret Crosthwaite 1987 S. Victoria Ave. 83 W La Sierra Dr. 8573 Hollywood Blvd Ventura, CA. 93003 Arcadia, CA. 91006 Los Angeles, CA. 90069 Charles & Irene Davis John & Violette Elmgren Paul & Katherine Tierman 74-120 W. Mercury Cir 22776 Montalvo Rd. 644 17th St. Palm Desert, Ca. 92260 Laguna Neguel , CA. 92677 Manhattan Beach, CA. 90266 Frank Desalvo Tara Bonamici Sidney & Marilyn Halper 74-176 W. Mercury Cir 4436 So La Rosa Dr. 74-176 Quicksilver Or Palm Desert, CA. 92260 Tempe, AZ 85282 Palm Desert, CA. 92260 Stuart & Genevieve Heinemann Michael & Louise Capece Alfred & Josephine Paino 10145 Paiute Cir P.O. Box 338 774 Lowry Cherry Valley CA. 92223 Sayre, Pa 18840 Orange, CA. 92669 Harvey & Fern Jones Alfred Conrad Richard & Myrtle Cage 2270 Souchak Are. 2311 4th St. 32-105 Arbor Lake Dr. Lake Havasu City AZ. 86403 Santa Monica, CA. 90405 Wilsonville, Or. 97070 Robert Loeber Leonard Fowler Robert & Carol Johnson 4091 133rd. St 74-203 W. Mercury Cir 1722 Avenid Sell Hawthorne CA. 90250 Palm Desert, CA. 92260 Fullerton, b. 9R33 f ORDINANCE NO. 263 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JUN 3 01981 PALM DESERT, CALIFORNIA, APPROVING AMENDMENTS TOENV;RON,, LNa AL sERvIces CHAPTER 25.04 (DEFINITIONS) CHAPTER 25.22 (RM- ciTr of PALPl oESrRr MOBILE HOME PARK AND MOBILE HO14E 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? /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. 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 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 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 S. Y ILSON, Mayor ATTEST: SH ILA R. GILLI A , City Cler City of Palm Desert, Califo a /pa w CITY COUNCIL ORDINANCE Nu. 263 ' 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-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. I _ _ CITY COUNCIL ORDINANCE NL. - 263 PAGE FOUR EXHIBIT A (CONTINUED) G. Single family dwe�ling 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 Dens it The density of a roject shall be seven units per net acre. Ord. 94 1 part), 1975: Exhibit A .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 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 81 (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 51 (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 §1 (part) , 1975: Exhibit A 525. 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 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 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. 79. (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). � CITY COUNCIL ORDINANCE NO. 263 PACE 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 §1 (part) , 1975: Exhibit A §25. 13-5.04) . 25 22 240 Community use area. The minimum ratio of community use areas shall be ' i 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 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 51 (part) , 1975: Exhibit A 25.13-5. 10) . 91 32 33 33 9a —S ��-�• fFPNK 31 TFn OR. -1 � '3 Y ! j S mvxr ao5 R '4 3 u i I Y- B g n EXISTING R-M ZONE YI L_4 A CITY OF PALM DESERT CITY COUNCIL OO y 3 p ZOO el,�M ORDINANCE NO. 263 DATE June 25, 1981 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) 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 RP1 (U.A. ) (Upon Annexation) , to R-1-M (Single Family/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. 1 �._ �u i { PPP n 15j1 y: P Yi,l 1 � h R M ZONE IS t 1 �tF,T 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 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-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. 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 (DEFINITIONS) CHAPTER 25.22 (Rti- 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 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. LNOW, 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. 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/11obile Home Residential District) as shown on the attached map labeled Exhibit "B". 4. The CityClerk 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: ABSTAIN: 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. t 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. r CITY COUNCIL ORDINANCE Nu. PAGE FOUR EXHIBIT A (CONTINUED) G. Single family dwe�ling unit cr factory built housing. (Ord. 9^ §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 81 (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 Density. 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) . 25.22.080 Minimum rojec lot width. The minimum project lot width shall be five hundred feet. Ord. 94 91 (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 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 1 (part) , 1975: Exhibit A §25. 13-4.08) . 25.22. '20 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 S1 (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 §25.13-4.11 ) . 25.22. 150 Off-street parking and loading requirements. All parking and loading shall comply with the provisions of Chapter 25. 58. Ord. 94 §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 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). 15. 22. 180 Si ns. All signs shall be in compliance with Chapter 25.68. (Ord. 94 1 part 975: Exhibit A §25. 13-4. 15). 25. 22. 190 Site Dlan 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 §25. 13-5.02). J CITY COUNCIL ORDINANCE NO. PAGE 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 91 (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. 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 % ground level entry to the dwelling unit. (Ord. 94 51 (part) , 1975: Exhibit A p25.13-5.10) . I I 36i wv[. :32 Yt JS 33 9i I R j ��• 2 f1NMK Sr (RP OR. ,i •5 f I i ti CVOs♦ CLOD oaa 3 , W d 9 9 10 10 — I � p m is 1 'c�yr � _ 7 71 � r I EXISTING R-M ZONE rLd Ll CITY OF PALM DESERT CITY COUNCIL (Z 2"' BOO S ORDINANCE NO. DATE MINUTES PALM DESERT PLANNING COMMISSION MEETING WEDNESDAY - MAY 20„1981 �- 1:00 P.M. - CITY HALL COUNCIL CHAMBERS 'LL TO (iFwEn The regularly scheduled meeting of the Palm Desert Pl nning Commission was called4lkorder at 1:00 p.m. by Chairman Miller in e City Hall Council Chambers. II. PLEDGE OF ALL GIANCE - Commissioner Richards . III. ROLL CALL r Members Present: Commissioner Be ey ommissianer yder C nissioner cLachlan Com 'ssion� Richards Chair iller Staff Present: Ray D'az, irector of Environmental Services Sta Sawa, incipal Planner S ve Smith, sociate Planner ohn DosSantos, ,ssistant Planner Phil Drell , Assis ant Planner Linda Russell, Pla ' 'ng Secretary f .�` 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. t,. 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). Case No. C/Z 03-81 (UA) - DAVID FREEDMAN AND COMPANY, INC.,"'and BALLEW-MCFARLAND, INC. , Applicants A Chan e of Zone upon annexation from W-2-20 (Riverside unty3 to PC (2) (Planned District Commercial ) zone/((81.3 ac s) and PR-5 (Planned Residential 5 d.u:/acre,)naximum density) zone, (671.9 acres), or other zones as deemed approp\inatra enerally located south of Interstate 10, betweefari Road and Portola Avenue (exrtended) , north of Fraa Drive. Mr. Sawa prthis case pointing out the ocation and the adjacent zoning. He statedrequest is in complian with the General Plan but Section D, as propt east side of Cook St eet, would have to be eliminated or relocated next "E' to the western portion of area "G". Mr. Sawa indicated that Portola Avenuk S • eet would be extended to I-10, and Frank Sinatra Dr. and 36th Avenue would be extende in an Zi; vest direction. Staff recommended approval . Commissioner Kryder stated th trea was previously reviewed and at that time it was noted that it was a potent-al lood area, therefore, density was to be kept as low as possible. He asked w y\bimpossible now being changed to PR-5. Mr. Diaz explained that in order to provide or improvements, after General Plan hearings it was determined that i woul to keep a density of 0-3. He indicated that as developmen occursevelopers would be required to provide adequate flood protection. Commissioner Richard /asked why Section D as being recommended not to be the/area zoned in threa proposed by the app icant. Mr. Sawa explained that it does not conform to �he Land Use Element of the nera1 Plan. It was noted that as staff's recommendation to relocate this section, tte same acreage would be provided. Chairman Mi� opened the Public Hearing and ask d if the applicant wished to make a presentation, MR. FR D ARBUCKLE, Ballew-McFarland, stated that they oncur with staff's modification and explained that a future flood channel would eproposed. Commissioner Richards expressed a concern for Planned Reside tial 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. i CiTY OF PALM DESERT 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 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)" PLANNING COMMISSION RESGLUTIO�d 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 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: 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. I PLANIII14G COMMISSION RESOLUTION NO. PAGE TWO 3. That the Planning Commission does hereby recommend to the City Council approval or 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 RE..o( 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-141 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. 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. S25.13-3) . 25.22.040 Minimum area. The minimum area for a project shall be twenty acres. rd. 99 1 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 Den sit . The density of a project shall be seven units per net acre. Ord. 94 l 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 51 (part) 1975: Exhibit A 825.13-4.04) . 25.22.080 Minimum project lot width. The minimum roject lot width shall be five hundred feet. Ord. 9451 (part) , 1975: Exhibit A K5.13-4.05) . 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 51 (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 projjct 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 825. 13-4. 10). 25.22.140 Building height. The maximum building height shall be one story or l- 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 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 525.13-5.01 ) . 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 31 (part) , 1975: Exhibit A 525.13-5.02) . C ? 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 S25.13-5.04). 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 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 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 S25. 13-5.10) . _ 96 TN wva. :y 92 J9 33 3+ I RUNK V iw Ov. 9 33 i 7 � mmr v c,ve a s 9 ' � 1 RT _ 9f 10 ✓ I .4 1 EXISTING i M ZONE I' � FILL I •r I CITY OF PALM DESERT ' PLANNING COMMISSION RESOLUTION NO. �� o �� DATE 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 6e an additional permitted use within the zones under this option. 2) Designate specific sites in sin le 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. o m co T o o] m to Lr) - o HI H O to N f\ N lD� O In N r cn M IQ ON Gf O) H tD OI H n Ql H LD In }> m Qi M N to NI O) O M N to H p M M H N N: f to Q H V l0 { O i I Cl) ) m l0' F tD tp,_ cm) � CD, O M t H l0 H M CJ tD f� t` M f` O 3.Q I, O N to M O' to f\ H to rn O Ln N H OI to H H O H{ H c7• Lf) N n N 1 O� jb H O) H lD 1 M M n me^-1 LO n .N rn Ol M N lD H, W O M N Ln O p ( O M F iz N N C N C O I ^ ¢ I iJ n n 'OO p � d• ct� � cY •r O_ H H• H H In p f C m CDO t d• -_-0% CO* toV M CD CD4• rts n . Ol m H to M .--� I O X lD 4 N O U• Ln H H O C M i { lD N [ OI Z { I •--� G N L•-) I � Z t la O f Z 41 i d' to N n O m1 t\ C �' N N n CD t0 •O ro d) Ot M H H n L7. 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TV •— « � vo `oo c „L � E Q� o-D O p p rL O o u G u Y ' ai�_ uG Eao'ac , p O Y0v � 0 ' 7i.Ux J7 W tD L OC ` , °u J 'C 0 m E Cmo o ° E t n5 t- p 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. I t I 1 -I, rt 1 `r R M ZONE 1 3 �—IN�"""ii �• r 3� a ,_,. x -_ � ., 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 • cn c � F ¢ •.7 fir: n d o n T w a c F � m` G A 060 v V D X D I f7 CD ck, Naj G7 Lro wl- Pt Nea.:vM;SEnYi�..o:.wi:a.irX.an a:.-.a s3+�"xa�vd;a:�x+' .�...a-..�'?F. .5,..� ti,�.,1 $. rc.-.. .ti,..,:.Y..• >�' N a .a.( ;v4>y i :y, .w �vii-�.,:e2 tr .7£�... �yi: , l y lr 1p I � Q N U V Y w 41 C i N N U i t0 (U N Y O r r C i N � Orr N COJ O O l0 N r N O O O � N N N � N 1 Q N Z Q • � Z [l K LL_ ((p�9 2 a / �cUs Sri n>> rI ti r �QZ � N 7 - f n a _ a FL o � o J ' � J K P � J P \Y LL �w ten' � s a t �1 /�')t •Y1 J P H i W V;:CD i- f (n �.� r. f i 4. 1�+�= awl •-� C Jam` V_ LI��. IfJ 5$ �` 'NY! •y 4S .�;:. 'Y • 'M _ S ..- S 'uo4.+a<<nj ££� �agdPpivantl ZZLZ uosuyor Lo,ae3 � ;.Aagoa CH. f KJ''A41 . to l.i:...l:iilia I I;:i f.1 ;:'I.;:II�i''a_ilEii la.d, i'•!:;ai'i1.. ;1a U _5,u a.S. 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M13"+hM1.'F:r;FFxc•LN ��fi 5� �'^Ai -en c�§1r-'r'y"J .. 7 �,} $;.F! `4,4 >-::F.Y; -Kf i.Y•e•`¢N ;✓YT ,n..i';�a.:vFf a n ,�.r a 4! i iw t++r.�'J.� cwY,E:41�. • T . L.t•. _ _ -- I tJL Q Ia f� i ry fir:. yy}1 T O! Q N 7 f > N UJ to C_l I ro No rd o N N'. Q I Ifl I V,f W W W 1 S• ! a o W b J G O O W d i J d � Y y U W Y 11 a _ w N LL W W U J h W ? F 9� I CUt:QZ7 CODO 1s Illiic 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. . A A 1 11i'ru1 K39d15 �IaO� �: p.: �i m ; 11 1f1j I{ r� �: R M ZONE71 ., � --' - — 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 0 �C N � a N ty gI rt1Urn O 3� SLE C W 10 crn¢ I "' 00 :I Fr O.I..I r rl N N 4 N 4 O N 5 zoa ® Q z z ¢ ¢ o O LL LL � Q Q U W N • W � z o a o Q J J � ' 10 a P J r U J V Y1 W h W p F- P 1- ,5 "h. .....-.��.__ ...- ^Sw•Y .ri.we..r•.h '•'v-m!e•_'v�fVM1^M•. :�.w"Y ®rl 45-275 PRICKLY PEAR LANE,PALM DESERT,CALIFORNIA 92260 t fy F TELEPHONE(7141 346-0611 'f'? Wilbe En ine ring Inc. 74-015 Nev da Cir. el ; ) Palm D ert, 92260 t + iJ• ; C O Se N m �o to r N O lON n_._, .. ( p oi ti I U H41 i v v K ^ O c J i iJ 0 +7 h dW< 10 CO t0 J 4 COJ C CO: roCO3 n o (all ( N Q � u Q < " n w I � w 1 W I +wa„^.-w�.-,Y"'4.".i-'r,�f*v�;tat.�'�..r:.,'t'.•�w...+..:J'iix[t«wr t1#w+«�da -:r;-°aW-c � .:t... .4v..kG a' M^liv.kfy.vn r '�.+.°:''-s' .k�+T.�y:?C! ta��. i "a'rS:;es ( '� .l5ii'.1 •- ...1..1.uY.s a..r.'a: .M>M1 ,-T.:.' .. i_ ...1. Y C . t CITY OF PALM DESERT 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 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)". 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 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: a. That the Zoning Ordinance Amendment is consistent ( .. with the objectives of the Zoning Ordinance. it 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 COMMISSION 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 l r PLANNING COMMISSION RESO(' 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-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. !l 25.22.130 Setback on individual space or lot. 25.22.140 Building height. 25.22.150 Off-street parking and loaAing requirements. 25.22.160 Utilities. !r. 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 Idevelopment standards". 25.22.020 Permitted uses. The following uses shall be permitted: none. (Ord. 94 51 l (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. C. 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 1 (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). 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 Minimum project lot width. The minimum roject lot width shall be five hundred feet. Ord. 94 51 (part) , 1975: Exhibit A E25.13-4.05) . 25.22.090 Minimum project front yard. The minimum front yard shall be twenty feet. Ord. 94 51 (part) , 1975: Exhibit A 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 25.13-4.08). 25.22.120 Minimum p 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 ) . l 25.22.150 Off-street parking and loading requirements' e uirements. 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 S25. 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 525.13-5.01 ) . 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) . 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 525. 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 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 825.13-5.09) . 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) . __. 96TM nve. 92 93 33 34 —a Q fFnHK 3, TPn Ow. 93 1 1 1 y m�nr uoe < g F .r j EXISTING _ i R-M ZONE CITY OF PALM DESERT PLANNING COMMISSION RESOLUTION NO. �� DATE 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. 'f.. 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. 0co00 �rOol 00LOLnLo -To a.¢ Cl) t\ .--1 to N O) O LD .--) n O OIi r O LL N n N t0` C) lA N Ir m M ., 'p m V OI i r-i n m Y m Ol m N LD Nf Dl O (n I I Cl) Oj t0 t0' l0 l0 r-01�n I n _ rl Cl OI O C:)}roi M M; m M -- N lD •--1 m Ql 0! n 1� m 1� f O 33 n O N LO M C1, In n N Ln Ol O LO .-1 .-+ O y 1 � v 00) ^ Lcliko M m � cn n' C:) m M •-•1 N f Ql'I N cf M CD.N-1 � •-1 111 .--1' .-1 N J N v C N C O I =\ I M M m M N r 'O V a' •r W r C co %r N Ql C) rl O LY i! �!' Ol CO to M O {O Y ro } I ( N N N LD c{ N ' O ED ? 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OUZO cY EEp O own Nc° u i u m� u >L? ° o: L c °`oL u [GC7 ~b a` u _N `u -u p ° cDi u ea_ o 0 r aci y u j J o CE' T'� 4' n -n-' Y e! w O — 9 C O U 2 ° y u >. N U E m G O'O v h.0 M E•Sj 'O r,� '- U _- J-' '' 0- J C v� wueu� � t CL 0 Via' 00uu � � 5vci „ r- E ° tea-' o`o 3E .`. °u - cE '-u2yc° l PROOF OF PUBLICATION (2010 , 2015. 5 CCP) PROOF OF PUBLICATION OF ZONE CHANGE ZOA 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 :•n.. - •--„._:.-,. y a party YO Or interested in the CITY OF PALM DESERTLEGAL NOTICE above entitled matter. I am the INITIATION BY THE PALM DESERT PLANNING COMMISSION OF RM (MOBILE HOME PARK AND MOBILE HOME SUBDIVISION I principal clerk of the printer AND AMENDING CHAPTER 25.22 (MOBILE HOME) OF THE Zr WHICH A NEGATIVE DECLARATION HAS BEEIN PREPARED. of PALM DESERT POST, a newpaper Of CASE NO. ZOA07-81 old CZ0481 :— .�•, � NO7ICE IS HEREBY GIVEN that a Public Hearing will be he' general circulation, printed Planning Commission to consider initiation by the PALM DESERT PI a Zone Change of oil RM (Mobile Home Park and Mobile Home Subd and D ub l is h e d daily in the to R-1-M (Single Family Mobile Home Residential District) and a, (Mobile Home) of the Zoning Ordinance for which a Negative Deck .city of Rlverside, County of Riverside, and which newspaper has been adjudged a newspaper of general circulation by the I 1i7 r �I Lil \n, Superior Court of the County of f t] '< � �� Riverside, State of Ca.liforniar � } 41a under date of October 5, 19b4, i IL'• I Case number 83.658. that the noticef of which the annexed is a Drinted copy,- has been published t �rl if in each regular and entire issue �, „i of said newspaper and not in any 1 E� � 1�' supplement thereof on the following dates, to-wilt EX/5T/N ( „�1 �(1 a• RM ZONE �e.,-�-1 1, -a �rrfi 1c1ti1 1 \`°mil"�iJ/i,�( . ,. • ..Y tM1 �.l-I 05/7 11931 -SAID Public Hearing will be held on+Wednesday, May 20, 1981 Chambers in the Palm Desert City Hall, 45-275 Prickly Pear Lane, I Certify (or declare) under which time and place all Interested Persons are Invited to attend RAMON A. DIAZ ._ 1 +1 penalty Of perjury that the PaallmtDesert Planning Commission '-. {: 'I ,.:1:^-• •")""gad foregoing is true and correct. ' Dated :lay 7 , 1981 at 'Riversidef California CITY OF Pi)L.0 DESERT / EON E Or A SIDENT1IAL ANG DIE STQ CT) ING ORDINANCE FOR - before the Palm Dc wrt NNINGCOMMISSIOOf � ' f ;Ion Residential District) ndment of Chapter 25.22 _ I #ion has been prepared. - ty 1: p.m. In theft hci1 Ilm W Deserf, Coliforrila� at i be heard. A S • _y 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 COPM4ISSION OF A ZONE CHANGE OF ALL RM (MOBILE HOME PARK AND MOBILE HOME SUBDIVISION RESIDENTIAL DISTRICT) TO R-141 (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. n LLa3dis �oo� �' rL 1 T i11W F 4 £Ij i F1C/ST/4 R-N .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 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 40 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. '1gyl7Il ♦;;s I pi' Mir ttrk P iu R M ZONE - 0rIlf� 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 1� STATE OF CALIFORNIA EDMUND O.BROWN )R.,Governor DEPARTMENT OF HOUSING AND COMMUN TY DEVELOPMENT January•.23, 1981V �V TO: ALL INTERESTED PARTIES: To `1 count% P FROM: Carolyn. Burton, Deputy General Counsel i ! { 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, the new 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 sinale-family residences. Alternatively, the locality may designate sites for mobilehomes in single family zones. The local jurisdiction may apply setback, sideyard, Darkinc, and other development standards which it S:ould '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 Oepert;..ent of Housing and Community Development follow. 1. Must mobilehomes neetinq the standards of the bill be allowed on every lot in sing e ram? y 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 mobilehcmes is limited by several considerations, most importantly, housing element requirements.. The first sentence of the new law is a general proscription against proM biting mobilehomes (meeting the specified standard,) 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 detrained to be comipatible for mobilehome use. If a locality utilizes this approach and does designate single family lots for nobilehome use, it is not re^,uired to allow mobilehomes on every lot zoned single fame ly. 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 Section 65302(c) and the Housing Element Guidelines or the new Article 10.6, commencing filth Section 65580, of the Government Code (AS 2853)--require a locality to consider mobilehomes and provide adequate sites with zoning to allow for mobilehones. To the extent that there is a need for low and moderate inccme housing, and these needs are not being met through other housing prograns, 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 nobilehone 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 qenerally be equally compatible for the placement of nobilehomes, mobilehomes should be added as an allowable use for an entire single family residential zone. .2. - does it mean that a locality may designate" lots "which lots,. are determined to e compaL b e for suc mobs ehome 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"" compat.ibility standard and, prior to designating sinele family lots for mobilehome use, determine that the lots meet this standard. The jurisdiction nay wish to make findings to this effect. Generally, sites will be compatible for mobilehome use if mobileh-ones- 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 Last 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- preservaticn area or an area composed of Victorian-styled structures. These situations invoke both of the criteria noted above. Other older neighborhoods composed of large "o-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, nobileh'os,.es may be designed which will be totally compatible with 'Victorians or other architectural types. i US, 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 .*•-+-r..�!!�W«engE�S�!+' +R �r9T*Tm^^ ry7 0-7 ....x-+.-....-.».+_..n--�.-r-r-... ' h mobilehome to the same development standard's 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 comoly with t e new awe A locality may continue to zone for mobilehome 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 mobilehones .in' .. single family zones or designate lots in single family zones for mobilehomes. 4. What is the relationship between the new law and the hlobilehome Parks Act wit respect to use permits! The Mob.ilehome Parks Act sets standards for the design and use of mobilehone . 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 mobileho.^e 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 toe mobilehome use since the request for a permit could be denied. Therefore, . subsequent to the passage of SB 1950, a use permit for a mobilehone should not be required. This is likewise true if the locality opts for the alternative of designating single family lots for -obilehome use. Once the site has been designated, there is no need for a use permit.. If the pen it were granted, it would be superfluous; if the per were denied, the . locality would be in violation of the statute. ;With respect to conditional use permits , conditions relating to factors other than the acttnat the structure is a mobilehome can be required if such conditions are likewise applied to conventional construction. This is consistent with the express statement that mobilehones 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 ccunty to "spot zone"? "Spot zoning" is the practice of restricting a ,small parcel as ar, "island" and giving it less rights than surrounding properti-s where no rational reason e:tlsts for such a restriction. The classification :.,ould be discriminatory, i .e. , .in violation of the e(TUai pr0'action clause_. property that is favored by allowing additi0naI uses is not spot zoning since the property has not been disco m"nated against. _3_ The new saw does not intend for localities to designate lots in single family zones exclusively for mobilehomre '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 `or moor ehomes a ege discrimination. A property o.mer 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 ;inether 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 mobilehcmes are. an add ition_al• 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 :mould be meta On the other hand, in suburban residential areas where there is large lot zoni,hg,, 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 1•,mcn prohibits crops ieh-,4A%,r No. Restrictive covenants prohibiting imobilehcm es on residential lots (entered into either before or after passage of the bill ) are not directly affected by S3 1960. The courts have upheld covenants restricting the use of property in the face of more expansive zoning requirements. (See Legislative Counsel Opinion No. 10044, 11/1.7/0-0, affirming this view. ) However, the department has issued an opinion indicating that restrictive covenants prohibiting mobilehomes lay be unenforceable .and that, S3' 19o0 adds additional support for this view. : -4_ �Y.�1,'4d`.,Tb;`}:,1•!.\�i�'�r^r!�Mxa�nvt'(lf�nr•,.,^V°fgg. rP-�.rn s�.�.r�..;...r:..w..•......�...�.�...r p.- y�..q+w:;^..-.,^rc-...::...... _ Courts havz refused to enforce restrictive covenants :There, due to "changed conditions", it would be oppressive and inequitable to the property owner occur where a property is restricted to to do so. For example, this might . 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 come ercial 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 mob ilehomes may also. be narrowly interpret ed, by the. courts to apply only to older mobilehomes rather than newer mobilei�omes-=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 trhich limits encumbrances on property. [.The department's legal opinion analyzing the enforcability of these covenants is available upon request.] S. Does the new statute apply to charter cities and counties? Yes. State zoning law only applies to general laa 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_ .....'.�..e�.a�Y4�"Tt`Sl'F n•e�� s;' mrw �.`1m.n,.•.,.•w,w•..y,,.,w••i.•`h\� ♦ T'y...,rr..T7a r.. •.�w..- . ..,... r. .- ,.,� ..r.�� _ •--r+-•� I Western Manufactured Housing Institute UJMH3855 EAST LA PALMA AVENUE HlY �Id A 927 (714) 630-1440 DEC - 11980 November 26, 1980 Dear Planning Director: EgVI YN,,MENTf:L SERVICES ci i n+ D-S RT On September 26, 1980, Senate Bill 1960 w11 11F d 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 materlal_And siding material-- that in no case may local government apply a development standard has the effect of precluding mobilehomes from being installed as permanegt resident a un is 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 ways to 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 �� 0� �Ilc r�(t�C I County of San Diego Development Reguiation Division 325 South Melrose Drive 200-L East Main 9150 Chesapeake Drive El Cajon, Calif. 92020 San Diego.Calif.92123 Visa.Calif.92083 S65.5936 (Zenith_7-0888) 758-6711 (Zenith 7.2001) 57945i1 (Zenith 7-1398) MOBILEHOMES ON PRIVATE LOTS (Effective 4-18-80) A mobilehome, under certain conditions, 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 15, 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 #58 n_.. a Ic on Mobilehomes on Private Lots -Page 2- r 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 form. 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 a 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 90%. Rough grading approval must be obtained and compaction reports submitted before the site construction permit can be issued. 3) 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. ;) The applicant shall comply with all the requirements of Section 18551(a) of the State Health and Safety Code. 6) Obtain plan approval of the foundation system. DPL #38 Rev 4-25-80 Mobilehomes on Private Lot -Page 3- Foundation System: Title 2S 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 4-25-80 Mobilehomes on Private Lots -Page 4- Tmob sheet is to be completed and attached to the Minor Use Permit application for ilehome 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. ❑ Manufac=er'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) . IPL #58 Rev 4-25-8U 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 under the National Mobile Home Construction and Safety 20 Standards Act of 1974, however, such review shall be limited to 21 consideration of roof overhang, roofing material, and siding 4y) material to assure aesthetic compatibility with standard single 23 family housing structures. 24 2. Site Development Plans shall not be required for properties covered 5 by a planned unit development, or by a residential subdivision of ob I� single family lots, unless required as a condition or approval. .)7 3. A Site Development Plan shall consist of a plot plan of the proposed :28 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- 32 1 4. The applicants shall prepare the Site Development Plan in accordance 2 wi.ri all ordinance requirements an, 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: 90 21 ABSENT: COUNCILMEMBERS O•� ATTEST: 23 24 JEAN BROOKS, City Clerk GLORIA F. McCLELLAN, Mayor 2a 26 II CONTENTS APPROVED: 1l :N `i ;: WILLIAM H. GUTGESELL DIRECTOR Of KP"MNIG � WII,LIAM H. GUTGESELL Director of Planning p1 MN DEPAOMEMT 'n CITY MALL 3V Po.BOX 1Q86 600 EUCALYPTUS AVENUE 3I VISTA CALIEOAMIP 9I083 n.aiau.o ts�:Ebaha; arcs - t,.,,:.. .aia t the ...,'s Site Review Com• G. SURRENDER OF OR DINANEE N0.80526 mitts. REGISTRATION. AN ORDINANCE OF THE O. ELIGIBILITY. CITY COUNCIL OF THE! A mobilehome shall not be Subsequent applying for CITY OF SAN MARCOS located on a permanent the required building perm the and prior to occupancy, the S E C T I O N g 9 1 foundation on a private 101 owner shall request a eer- MOBILEHOMES ON LOTS, unless It: tification from the Depart- ? TO ARTICLE XVII, 1. Was constructed after menl that a certificate of ; MOBILEHOMES AND September 15, 1971, and was occupancy be issued pursuant MOBILEHOME PARKS OF Issued an insignia of approval 10 Section 1E55)(b)(2) of the THE SAN MARCOS ZONING by the California Department California Health and Safety ORDINANCE. of Housing and Community Code. Thereafter, any The City Council of the City Development or was coo- vehicle license plain, car- . of San Marcos DOES ORDAIN structed after July 1,1976,and as follows: was issued an insignia Of fdlcdte of ownership, and certSECTION 1: That Section approval by the U.S. Issued by to to registration- SECTION s to Issued re a State agency is to 791, Mobilehomes on Lois, is Department of HoVsing and be surrendered to the ap hereby added to Article XVII, Urban Develop men); and M o b I I e h o m e s a n d mobilehome State agencies. Any 2. Nos not been altered s. mobilehome which it per Mobilehome Parks,to the San violation of applicable cedes. manenlly attached with un- derpinning 'Marcos Zoning Ordinance as •E. CRITERIA. or foundation to stollows: Mobllehomes located oI a ARTICLE XVII the ground must beat a MO ARTICLE VII foundation system on a California Insignia or Federal MOSILEHOME PARKS private lot shall: label, pursuant to Section SECTION 291, 1 Be xcupied only as a. . 18550(b) of the Health and MOBILEHOMES ON LOTS. residential use type. Safety Code. 1. It Is the purpose of this Z. Be subieclm all provisions H. Prior to installation of a ordinance to.where approved, of this ordinance applicable to mobilehome on a permanent allow the placement of residential structures. toundafion system, the mobilehomes on individual Meet all requirements for mobilehome owner or a lots. The mobilehomes would the zone in which they locate. licensed contractor shall have to conform with the A. Be attached to a foun- obtain a building permit from minimum lot size and set• cation system in compliance the Department of Building backs for the zone in which it with all applicable building and Safety. To obtain such a is located and in addition, regulations, and Section 18551 permit, the owner or con-' meet the criteria set forth In o.the Health and Safely Code. tractor shall comply with all this ordinance. This or 5. Have a minimum width of requirements` of Section this r Is based upon histhe City 23 feet' 18551(a) of the State Health dinConn ce I concern over me 6. Be covered with an ex. and Safety Code. increased cost a housing and terior material customarily SECTION a: This ordinance inc eased�eedt increase stohousing andply used on conventional shall be codified. and variety of housing types dwellings and approved by the SECTION 3: This ordinance available to the public. The Site Review Committee. The shall take effect. and be In ava avail ordinance d15D allows exterior covering material fOrcethirty(30)days after the mobilehome subdivisions In shall extend to the ground, date of Its passage, and the file same manner a except that when a solid City Clerk shall certify to the residential subdivisions. ' .concrete or masonry adoption of this ordinance and .� S. EFFECT ON CON perimeter foundation is used, cause same to be published VERSION. the exterior covering material) and posted in the manner need not extendbelow the top) required by law. of the foundation. PASSED, APPROVED AND A mobile home which has 7. Have a roof consisting of ADOPTEDby the City Council i been placedon to foundation shingles or other material I of the Cilyof San Marcos at its t system pursuant to cats Or- customarily used for eon. regular meeting held on the dlnanee shall be deemed 10 be I 11th day of August, 1980, by a mobilehome and subject to v. Th al dwellings. local property taxation a. The mobilehome may be the ES:following roll call vote: pursuant to Section 18351 of eaves, to have porches and AYES: COUNCILMEN: the Health and Safety Code I eaves, or reefs with eaves D ARMAN , ESTENSO N, and Section 109.7 of the i when, in me opinion Of the, H SMITH, T Revenue and Taxation Code. Planning Director It Isi SMITH, 7HIBADEAU. necessary to have It com- NOES: COUNCILMEN: C. PERMIT. pact ble with the swellings in NONE A mobile-home on a foun• the area. ABSENT: COUNCILMEN: dation system on a private lot I F. MODIFICATION OF NONE Is permitted upon approval of CRITERIA. ROBERT L. HARMAN, Modification of the criteria MAYOR OF THE CITY OF set forth In Paragraph "E" SAN MARCOS may be granted It -the Site ATTEST: Review Committee finds that SHEILAA. 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 Modification may be granted CITY OF SAN AAARCOS from Paragraphs "E.1, E.2, 1, SHEILA A KENNEDY, E.3, or EA". 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 60 576 and . City the same has not been City of San Marcos amended or repo led. DATED: August 13, 1990 Sheila A. Kennedy, City Clerk of the City M San Marcos JEFFREY A OKUN (San Marcos Outlook,Augus: 71, 1980) Diteclor of Planning 105 v: n-Gran A.h: AVE ANI t• C,ODr 714 SAN MARCOS c?06p P110%lf 744 :f y y 1I° J 1 ti �. ti' r �P, �� A:_ I � � ir.w II �� :r , .;�� : �� .� �c r . � # 4!. . i ti_ t � .�� ! ,,. . . N LC C d M tD m G P. N-(D A w row 0 0 0) Ir O, aCa, wwtDfD r rf ct 0' H.rt (F o A) to 51 N f- tr :3 rt t'• (D (D O w N H. th N • 0rt OM N M0 (D w O PI ►+• N N rt 0 Mo 40 1- 01 w1-L< (DNr- F° 0D1Nry r (a rt 1 b N• O m r (D w00ko (t K rt� M P. � 0CNw � wawroKC u- ft a N. rtwp, K �Rt xrtN N• 3 N ((DD N (D W r- < 0N• (Dmr0 rt8arw0 mw , rt0 Odrt 'C M th N .r th• P- P-0 G W � N : rmw (D Q, tY k rt tr a M• f1 fDNNaO N W O (D Uf N• :1ro (D w0 (o :3aa rNrtaa a • roa. rt f.L O r O (D K F'• N 0, H O P. r 0 0 w N O P. M rt tf fD rt0 " v7 -, (D (D (D MK O tt N v j 7 s _ _ ' ,e tTn 8 r• Mrtr• W it ►7 m O a O a ]' DI r+• 5'O• ro �oMle. j• a rt w nm r• 0 H O' r 'a' 0' r fD N b' r (rtD a ((DD M ct o'd . (D a H W N M 5• El O E 0 < a r a0, r• O, H << tt m rt O 5' o (D VrtW Ha (D0, H0' (D F o' < E (D r-0 rtx r (D a rt Al O' rra H O a Hm (D a rt (D a H 0 En H r• M � J' r• 7 N 0 0 (D (D (a- (D to O H m x 0, rt P. (D x r• N 01 a (NDGEHr3 Gw- 0 0, (D P. 0 fD H W o' O H 0 N Ul (D 0 0 r- G 0. a, rt m� ro tr > 7M N 0' O 'O r• 0 0,0 m rt m (D r 0 H W. 0 rt a (D rt W 0 N H 0' 0' (+a rtx r• ,+ a 0 a << 0 rt 9 x 0 3 H r(a (Dro a 0 (D mr• � Ort00x0 AM : 01 r W O O HH (D(D � (D rt w7 j 5 ro r• '< V (nv (A o' PO (D (•+ H. a F 0 f+ a k0 0, rt tr 5 r- H 0' 0 (D r• 0, (D tr(D (D O J t1 tT r• r•0 9 r < (D (D C W (D wm r• 0 w 0 rt o w < E H r- tT -IV n r• r- r- r•0 0 (D ar00 H rt0 to rtma O :1 �(D 0 0' 0 0) o' D rr (D W r- (D 0 0 H rt W (D r (D CITY- COUNTY JPLANNINGI1, COMMISSIONERS ASSOCIATION 0 nr. oa . a� `Da C ° D � Sulk 1 c 0J THIS INFORMATION PACKET CONTAINS: o Senate Bill 1960 discussion packet from San Bernardino County o Letter and opinion regarding SB1960 Legislative Counsel of California e o Memo regarding SB1960 from Deputy General Counsel , Department of Housing 0/.7 and Community Development o Memo regarding SB1960 from League of California Cities "a l IN i 'ER-OFFICE MEMO DATE January 8 , 1981 sne�eEa�e.a�o�m.,o FROM JIM BIRCKHEAD, Sr. Planner PHONE 3571 Countywide Section TO COUNTY PLANNING DIRECTORS SUBJECT SENATE BILL 1960 DISCUSSION (MOBILEHOMES ON INDIVIDUAL LOTS) Suggested discussion outline: 1. What the Bill says. 2. what the Bill doesn't say. 3 . Discussion cf what eaci jurisdict'on is consicer:.rig as a response to the Bill . JB:ca ATTACHMENTS: 1. SB1960. 2 . Unanswered questions. 3 . Implementation steps now being considered by the County. 4 . Mobilehome Development Standards adopted as policy by the County Planning Commission 8/14/80 . 5. R-1-DM Zone District. i 12-1367.000 Rev. 1/77 ATTACHMENT #1 i Senile Bill No. 19GO i - CHAPTER 1142 An act to add Section 65852.3 to the Government Code, and to amend Section 18300 of the Health and Safety Code, relating to zoning. IAPproved by Governor September 26, 15'0. Filed with Secrelary of Stale September 26, IM-1 LEGISLATIVE COUNSEL'S DIGEST SR 1960, Rains. Zoning: mobilehomes. Existing law does not preclude a city, including a charter city, county,or city and county from prohibiting the installation of certain mobilehomes on foundation systems on lots zoned for single-family dwellings. This bill would make such a prohibition, but would specify that i such installation may be subject to certain other requirements j applicable to conventionally constructed single-family residential dwellings.However,any architectural requirements imposed on the i mobilehome structure itself would be limited to roof overhang, roofing material, and siding material. It would permit the designation of lots for such use within single-family zones in a prescribed manner. It would make a specified finding and i declaration. I This bill would become operative July 1, 1981. i The people of the State of California do enact as follorvS. i SECTION 1. The Legislature finds and declares that I manufactured housing, which includes mobilehomes, offers Californians an additional opportunity to own and live in decent, I safe, and affordable housing on a permanent basis. . SEC. 1.5. Section 65852.3 is added to the Government Code, to read: i 63852.3. A city, including a charter city, county, or city and county shall not prohibit the installation of mobilehomes certified I under the National Mobile Home Construction and Safety Standards' a Act of 1974 (42 U.S.C. Section 5401,et seq.) on a foundation system, Pursuant to Section 18351 of the Health and Safety Code, on lots zoned for single-family dwellings. However,.a cc�L includ- ing a charter city coun_ty,or city-and_county may�esignate lots Toned far single-family dwellings for mobilehomes as described in this section, which lots"are'd'etermined to be compatible for such mobilehome use. A city, Incllrdiig a charter city, county, or city and county may subject any such mobilehonne and the lot on which it is placed to any or all of the same development standards to which it conventimm. oa en I i t i � 4 Ch. 1142 —2— single-family residential dwelling on the same lot would be subject, including, but not limited to, building setback standards, side and j rear yard requirements,standards for enclosures,access,and vehicle parking and architectural, aesthetic requirements, and minimum square footage requirements. However, any archilgrl.=1 requirements imposed on the mobillie ehon structure itself,e> I•c usive of an re nirement forma and all additional enclosures shall be i mited to its roof over ian roofing material,and sidin� na eris�Ir�) a int.a c arter city rrnmty or city an no case may acir� inc coon YY ago= standards which wall have the effect of homes from bein installed as ,ermanent SEC.2. Section 18300 of the Health and Safety Code is amended I . 1 to read: 18300. (:,) The provisions of this part apply to all parts of the I state and scper::ede any ordinance enacted by any city, county, or city and county,whether general law or chartered,applicable to the provisions of this part. Except as provided in Section 18930, the t commission may adopt regulations to interpret and make specific is the provisions of this part and when adopted such regulations shall apply to all parts of (lie state. (b) Upon 30 days written notice from the governing body to the i department, any city, county, or city and county may assume the responsibility for the enforcement of this part,the building standards published in the State Building Standards Code relating to mobilchome parks, travel trailer parks, recreational trailer parks, j temporary trailer parks, incidental camping areas, and tent camps, and the regulations adopted pursuant to the provisions of this part following approval by the department for such assumption. I (c) The commission shall adopt regulations which set fort], the i conditions for.assumption and may include required qualifications of 1 local enforcement agencies. The conditions set forth and the qualifications required in the regulations which set forth the conditions for assumption shall relate solely to the ability of local agencies to enforce properly the building standards published in the State Building Standards Code relating to mobilehome parks, travel - trailer parks, recreational trailer parks, temporary trailer parks, incidental camping areas, and tent camps,and the other regulations relating,to mobilehome parks promulgated pursuant to this part.The regulations which set forth the conditions for assumption shall not set i requirements for local agencies different than those which the state maintains for its own enforcen,ent.program. When assumption is approved, the department shall transfer the responsibility for enforcement to the city,county,or city and county,together with all i records of mobilchome parks within the jurisdiction of the city, county, or city and county. part) the building ent of standardse1publ shed t o' t`he provisions this 99 70 i ' - I —3— Ch. 1142 i Standards Code relating to mobilehome parks, travel trailer parks, recreational trailer parks, temporary trailer parks, incidental camping areas, and tent camps, or the other regulations adopted pursuant to the provisions of this part by a city,county,or city and county, the department shall enforce the provisions of this part, the building standards published in the State Building Standards Code relating to mobilchome parks, travel trailer parks, recreational trailer parks,temporary trailer parks, incidental camping areas, and tent camps, and the other regulations adopted pursuant to the provisions of this part in any such city, county, or city and county after the department has given written notice to the governing body of such city,county,or city and county setting forth in w'liat respects the city, county, or city and county has failed to discharge its responsibility, and the city, coa.vy, or city and ccunty has failed to i initiate corrective measures to carry out its responsibility within 30 days of such notice. 1 (2) Where the department determines that the local enforcement agency is not properly enforcing this part, the local enforcement agency shall have the right to appeal such a decision to the commission. (e) Any city,city and county,or county,upon written notice from the governing body to the department, may cancel its assumption of responsibility for the enforcement of this part. The department, Upon receipt of such notice, shall assume such responsibility within 30 days. (f) Every city, county,or city and county, within its jurisdiction, shall enforce all of the provisions of this part, the building standards i published in the State Building Standards Code relating to mobilehome parks, travel trailer parks, recreational trailer parks, i temporary trailer parks, incidental camping areas, and tent camps, and the other regulations adopted pursuant to the provisions of this part, as they relate to mobilchomes and to mobilehome accessory buildings or structures located outside of mobilehome parks. (g) The provisions of this part shall not prevent local authorities t of any city,county,or city and county,within the reasonable exercise of their police powers: (1) From establishing, subject to the requirements of Section i 65852.3 of the Government Code, certain zones for mobilehomes or t mobilehome parks, travel trailers, travel trailer parks, recreation.•il' trailer parks,temporary trailer parks,or tent camps within such city, county,or city and county,or establishing types of uses and locations, including family mobilehome parks, adult mobilehome parks, mobilehome condominiums, mobilchome subdivisions, or mobilehome planned unit developments within such city,county,or ' city and county,as defined in the zoning ordinance,or from adopting rules and regulations by ordinance or resolution prescribing standards of lot,yards,or park area,landscaping,walls or enclosures, signs,access,and vehicle parking or from prescribing the prohibition I 93 90 Ch. 1142 _4_ of certain uses for mobilehome parks, travel trailer parks, recreational trailer parks, temporary trailer parks, or tent camps. (2) From regulating the construction and use of equipment and facilities located outside of a mobilehome or camp car used to supply i gas, water, or electricity thereto, except facilities owned, operated, and maintained by a public utility, or to dispose of sewage or other waste therefrom when such facilities are located outside a mobilehome park, travel trailer park, recreational trailer park, or temporary trailer park for which a permit is required by this part,or the regulations adopted pursuant thereto. (3) From requiring a permit to use a mobilehone or camp car outside a mobilehome park, travel trailer park, recreational trailer park,or temporary trailer park for which a permit is required by this I part or by regulations adopted pursuant thereto, and require a fee ' therefor by local ordinance commensurate Mth the cost of enforcing this part and local ordinance with reference to the use of mobilehomes and camp cars, which permit may be refused or j revoked if such use violates any provisions of this part or Part 2 (cormencing with Section 18000) of this division, any regulations adopted pursuant thereto, or any local ordinance applicable to such u5e,. (4) From requiring a local building permit to construct an accessory structure for a mobilehome when such mobilehome is located outside a mobilehome park, travel trailer park, recreational trailer park or temporary trailer park, under circumstances which the provisions of this part or Part 2 (commencing with Section 1S000) of this division and the regulation adopted pursuant thereto do not j require the issuance of a permit therefor by the department. 1 SEC. 3. This act shall become operative July 1, 1981. i i p 93 110 ATTACHMENT $2 UNANSWERED QUESTIONS 1. Are rural agricultural and conservation zone districts which provide for single-family dwelling units to be considered "lots zoned for single-family dwellings"? 2. To what extent must we provide for .use of mobilehomes throughout a jurisdiction? Is there to be some propor- tion of single-family areas throughout the city and county that must provide for the use of mobilehomes? 3. what happens after July 1, 1980 if we do nothing? Are mobilehomes automatically permitted? �I 4 . Will deed restrictions override zone provisions for the use of mobilehomes on single-family lots? ATTACHMENT #3 IMPLEMENTATION STEPS NOW BEING CONSIDERED BY THE COU14TY The County currently provides for the use of mobilehomes on independent lots within fixed zones (outside community plan areas) as follows: DL, Desert Living One mobilehome on a minimum DA, Desert Agriculture 2� acre parcel. A-1, Light Agriculture One to three mobilehomes A-2, Heavy Agriculture minimum 5 acres for each mobilehome. R-1-DM, Single-Family Single-Family neighborhood Desert Mobile for the exclusive use of mobilehomes. In areas covered by community plans the County currently provides for the use of mobilehomes on independent lots as follows: Independent Mobilehome Individual mobilehomes on Building Type individual lots. Mobilehome Neighborhood Residential neighborhoods for Building Type the exclusive use of mobilehomes. County Planning Staff is considering recommending that we imple- ment SB1960 by using the community plan process to define where each community will provide for the use of mobilehomes through the community's selection of the Independent Mobilehome and Mobile- home Neighborhood Building Types. Areas which are not the subject of a community plan will be given the option of applying for a change of zone to two new zone districts: "R-1-M" , Single-Family Mobile a "R-1-EM" , Single- Family Exclusive Mobile. R-1-M, Single-Family Mobile Residential neighborhoods where mobilehomes as well as "stick- built" are permitted. R-1-EM, Single-Family Residential neighborhoods for Exclusive Mobile exclusive use of mobilehomes. ATTACHMENT #4 MANUFACTURED HOUSING (MOBILE HOME) DEVELOPMENT STANDARDS ADOPTED AS POLICY BY PLANNING COMMISSION 8/14/30 A. Where the manufacturing housing (mobile home) unit is to be utilized as the dwelling unit (s) within a new subdivision or placed on a lot or lots within an existing tract among conventional constructed houses the following shall apply: 1. MINIMUM COACH SIZE: All units shall be a minimum of a standard manufactured double wide and conform to the minimums established by the Development Code. (800 square foot minimum for all dwelling units) 2 . DATE OF MANUFACTURE: Mobile home or manufactured housing units shall have been manufactured in 1976 or there after. 3. SITING: The unit must be set on a permanant foundation or set at "grade level" (no "skirting") . 4 . THE EXTERIOR: Must be covered with an exterior material customarily used on conventional dwellings and approved by the Director of Building and Safety. The exterior cover- ing material shall extend to the ground, except that when a solid concrete or masonry perimeter foundation is used, the exterior covering material need not ex- tend below the top of the foundation. 5. ROOFS : Shall have a pitch of not less than two (2) inch vertical rise for each 12 inches of horizontal run consisting of shingles or other material customarily used for the conventional dwellings and approved by the Director of Building and Safety. 6. PARKING: Vehicular parking shall be provided for 2 cars per dwelling unit on the site, (NO tandem parking) . i - -2- B• CONVERSIONS OF EXISTING MOBILE HOME PARES TO MOBILE HOME SUBDIVISIONS. (Requires-the filing of a subdivision and a Site Approval to run concurrently) Usual subdivision requirements such as but not limited to: 1. Review and resolution of any drainage problems and; 2. Must meet current minimum standards as to: a. Vehicular Parking and Circulation standards for public streets . b. water - fire flow and domestic . c. Sewer facilities - etc. C. MEDIUM DENSITY SUBDIVISION (up to 5 dwelling units per acre) 1. STANDARD PREREQUISITIES: a. Consistent with General or Community Plan b. Zoning (Development Code) c. Drainage/Flood Control d. Vehicular Circulation (2 ways in and out - etc. ) 2 . MINIMUM LOT SIZE (s) : Standard 6000 square feet. 3. SET BACKS: Standard setbacks as per the Development Code. 4. DATE OF MANUFACTURE: Units shall have been manufactured in 1976 or there-after. 5. THE EXTERIOR: Must be covered with an exterior material customarily used on conventional dwellings and approved by the Director of Building and Safety. The exterior cover- ing 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. i i -3- 6. ROOFS : Shall have 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 custom- arily used for conventional dwellings and approved by the Director of Building and Safety. 7 . SITING: ' The unit shall be set on a permanent foundation or set at "grade level" (no "skirting") . 8. STREETS: "County Standard" , dedicated streets with drive approaches. D. HIGH DENSITY SUBDIVISION (6+ D.U. per acre) 1 . STANDARD PREREQUISITES: a. Consistent with General or Community Plans b. Zoning (Development Code) C. Drainage/Flood Control d. Vehicular Circulation (2 ways in and out - etc. ) 2. LOT SIZE (s) : Standard Unless PUD. 3 . SET BACKS: As per Development Code, unless PUD. 4 . DATE OF MANUFACTURE: Units shall have been manufactured in 1976 or there after. 5. THE EXTERIOR: Must be covered with an exterior material customarily used on conventional. dwellings and approved by the Director of Building and Safety. The exterior cover- ing 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. y w -4- 6. ROOFS : 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 Director of Building and Safety. 7 . SITING: The unit must be set on a permanent foundation or set at "grade level" (no "skirting") . 8 . STREETS : "County Standard" dedicated streets with drive approaches, unless PUD. MOBILE HOLE PARR (REQUIRES SITE APPROVAL) 1 . Minimum Site Size - 5 acres 2 . Minimum Service Criteria a. Water and sewer availability b. Police protection - Response time c. Fire protection - Response time d. Medical - Distance to nearest facility e. Shopping - Distance to nearest facility 3. Vehicular Access (2 separate accesses) to a paved county maintained road. 4. Lot Size (s) based upon approval of design. 5. Minimum Set Back: a. Internal (Each Coach) per State Code (Title 25 or Mobile Home Parks Act) . b. External (Perimeter of Park) Where on a dedicated street - 25 feet. 6 . Coach Siting: Each space should be oriented so as to enable the dwell- ing unit to be placed thereon to take full advantage of the latest techniques in energy conservation. s -5- 7 . Parking: 2 per unit (Tandem Permitted) Plus 1 guest space per each 5 coach spaces conveniently distributed throughout the park. 8. Recreation Facilities/Open Spaces : Some form of recreation facility shall be provided in the form of a club house or usable open space available to each dwelling unit space within the park. 9 . A wall or Dense Screen landscaping shall be required around the perimeter of each park unless waived by the conditions of the Site Approval . ATTACMIENT #5 ZONING CODE - 11-1-D1t District 01.02411 61.024C (h) FRONT YARD REQUIRED: See Section 61.0219(k) Street setback Regulations. (i) IN'I-IiRIOR SIDE YARD REQUIRED: Interior side yards on each side of each lot shall he not less than fen percent ( 10'.'f ) of the width of the lot, provided that such interior side yard shall be not less than three (3) feet and nerd not exceed five (5) feet in width. On all parcels created after January 9, 1969, one side yard of an interior lot shall be no less than ten (10) feet in width, unless access to the rear yard is provided by a dedicated alley or other dedicated right - of- way. (j) REAR YARD REQUIRED: Rear yards on each lot shall be not less than fifteen (15) feet. (k) SIDE STREET YARD REQUIRED: See Section 61.0219(k) -- Street Setback Regulations. 61.02413 Held in reserve. 61.024C R-t-DM District. (a) DESCRIPTION AND PURPOSE: It is the intention of this section to permit the use of independent mobilehomes for residential purposes on individually owned lots or parcels. The regulations contained in this section shall apply only to the desert portion of San Bernardino County. The desert portion shall mean and include all areas lying northerly and easterly of the following described boundary: Beginning at the intersection of the boundary line between San Bernardino and Los Angeles Counties and north line of T3N, R7W, SBB&tat, thence east along the township line to the northeast corner of Section 3. T3N, R6W; then southerly and easterly along the boundary line of the San Bernardino National Forest to an intersection with the boundary line between San Bernardino and Riverside Counties. (b) MINIMUM APPLICABLE AREA: The minimum area to which the R-I-DN•I classification may be applied is tell (10) gross acres. (c) GENERAL USES PERMITTED: (1) One (1) independent mobilehome, as specified in Section 61.0219(a)(6), which is capable of being moved over the highways pursuant to a permit from the State Division of Highways as set forth in the California Vehicle Code, may be permitted per lot or parcel. The mobilehome shall bear the insignia of approval of the California Department of Housing and Community Development, as well as a current California Vehicle License Registration. 17 [12-31a5/ X 61.024C LAND USE AND BUILDING RL•GULATIONS ^ � (2) All uses g permitted under Section 61.024A(a)(_) through (5)(M) inclusive, excluding (5)(J), (K), (L). (d) USES SPECIFICALLY l'ROI{lBl"ILll: (1) No permanent residential structures shall be permitted on -'s .-; any lot or parcel in the R-I-DJt District. (2) Dependent ntobileflontes or trailer roaches, and/or urn el trailers• may not be used for dwelling purposes within the R-I-DPI District. (c) ACCESSORY USES AND STRUCTURES PERMI'1`t-I D: Same as ,r = , in Sections 61.024A(b)(2) through (7)(A), together with such accessory structures as a cabana, a ramada, a porch, an awning, a patio slab, a carport, a storage building of not to exceed four hundred (400) square feet, a water tower, a swimming pool, and similar uses. (t) PARKING RFQUIKEMENTS: Two (2) parking spaces, each measuring not less than nine (9) feet wide by nineteen (19) feet long, with adequate provisions for ingress and egress, shall be located oil the same site with the mobilehomc. See Section 61.0219(h). (g) HEIGHT LIMITATIONS: Buildings and structures or any enlargement of any buildings or structures shall be hereafter erected or maintained not to exceed two and one - half(2V2) stories, or thirty five (35) i r a ; feet in height, except that private domestic water tower structures as y:: ... required by the Department of Building and Safety, may when required, be } erected above thin five 35 feet in hciglit without minor deviation. ' (h) MINIMUM AREAS AND DIMENSIONS OF LOTS. (1) Each interior lot or parcel shall have a width of not less than 4 "t' 1 sixty (60) feet at the building setback line, a depth of not less than one g I ; ' hundred (100) feet, and a net area of not less than seven thousand two hundred (7,200) square feet. 4' i, (2) Each corner lot or parcel shall have a width of not less than t =:A' j' seventy (70) feet at the building setback line, a depth of not less than one 1 hundred (100) feet, and a net area of net less than seven thousand two e� hundred (7,200) square feet. , -„ (3) Each lot or parcel oil a dead -end street, cul - de -sac, or on a ` curved street where the side. lines thereof are diverging from the front to the {. rear of such lot or parcel, sliall have a width of not less than sixty (60) feet, measured along the building setback line established by the required front ` yard for the main building and between the side lines of such lot or parcel. t (4) Each lot or parcel on a curved street where the side lines thereof are converging from the front to the rear of such lot or parcel, shall _ have an average width of not less than sixty (60) feet. J I (5) The mobilehomc, together with accessory structures, shall not occupy more than forty percent (40%) of the area of the lot. ' isi tr; • (G) 1Vhcrc a minimum area requirement greater than the seven thousand two hundred (7,200) square feet required, is requested and established in the district, it shall be designated by a number following the i district designation symbol, nunnhers Icss (Iran one hundred (100) indicating 02-31-75 13 �` t .a; ZONING CODE- R-I-DM Dia'trict 61.024C acres, and numbers more than one hundred ( 100) indicating minimum Square feet of area required per lot. (7) Where a lot leas less area th:ul herein required and was of record at the time the ordinance adopting this section becalm effective, or said lot has been created by court decree or by bequest, said lot may be occupied by one ( 1) f;unily and the mobilehome and accessory structures Shall occupy not more than forty percent (40,%) of the area of the lot. (i) FRONT YARD,REQUIRI:D: (1) Where the street is located on a right -of- way width of sixty (60) feet or.less, (lie minimum street setback shall be fifty - five (55) feet, measured from the centerline. (2) Where the street is located on a right - of-.way width of more than sixty (60) feet, the minimum street setback shall be twenty - five (25) feet in addition to one -half(%) of the width of the existing right -of- way, measured from the centerline. (3) Where th^ street or freeway is indicated on the Master Plan of Highways, the street setback shall be twenty - five (25) feet, measured from the future right -of- way line. (4) Where the roadway is a road easement, the minimum street setback shall be twenty - five (35) feet, measured from the recognized easement line. (5) Provisions shall he made for street purposes on section and quarter section lines; thereon the street setback sltall be sixty - five (65) feet, measured from such section or quarter section lines; similar provisions shall he made for street purposes on one - sixteenth (1/16) section lines, thereon the street setbacks shall be fifty - five (55) feet. measured from one - sixteenth (1/16) section lines. Q) INTERIOR SIDE YARD REQUIRED: Interior side yards on each side of each lot shall be not less than ten percent (I.0'11�) of the width of the lot, provided that such interior side yard shall be not less than three (3) feet and need not exceed five (5) feet in width. On all parcels created after January 9, 1969, one side yard of an interior lot shall be no less than ten (10) feet in width, unless access to the rear yard is provided by a dedicated alley or other dedicated right - of- way. (k) REAR YARD REQUIRED: Rear yards on each lot shall be not less than fifteen (15) feet. (1) SIDE STREET' YARD REQUIRED: Same as subsection (i) above. (m) PERMIT AND CERTIFICATE REQUIRED: A permit and certificate sltall be required pursuant to Section 61.0219(a)(6) as established by the Board of Supervisors. 19 (12-3t 751 L. - League of California Cities Sacramento, CA 95814 November 28, 1980 To: City Attorneys and City Planning/Community Development Directors From: Betsy Strauss Re: Mobilehomes in Single-Family Zones SB 1960 -(Rains) - Chapter 1142, 1980 Statutes The purpose of this memo is to review several of the most commonly asked questions about SB 1960 (Rains) (Chapter 1142 of the 1980 Statutes) and to offer you oui answers. To facilitate this exercise, we have separated the Government Code section added by SB 1960 into its component parts. Part One "A city, including a charter city, county, or city and county shall not prohibit the installation of mobilehomes certified under the -National Mobile Home Con- struction and Safety Standards Act of 1974 (42 D.S.C. Section 5401, et seq.) on a foundation system, pursuant to Section 18551 of the Health and Safety Code on lots zoned for single-family dwellings." (1st sentence of Gov.C. 565852.3) I. Does the legislation apply to a charter city? Chapter 1142 adds Section 65852.3 to Chapter 4 of the Planning and Zoning Law (Government Code Section 65800 et seq.) . Section 65803 of that chapter specifically states that the provisions of the chapter do not apply to chartered cities. How- ever, the new Government Code Section 65852.3 purports to make its terms applicable to charter cities. As to matters which are of statewide concern, charter cities are subject to general state laws if it is the _intent and purpose of such laws to occupy the field of the exclusion of municipal regulations. (Bishop v. Ci�_;7 of San Jose, (1969) 1 Cal. 3d 56, 61-62) However, whether a particular subject has been "preempted" by state regulation is a question to be answered by judicial inter- pretation of the municipal affairs doctrine of the California Constitution (Cal. Const. Article XI, Section 7) . In exercising this function, the courts give great weight_ to t%e purpose of the Legislature in enacting laws which disclose an intent to preempt the :field to the exclusion of local reguations. However, the fact, standing alone, that the Legislature has attempted to deal with a particular subject on a statewide basis is not determinative of the issue. ". . . the Legislature is empowered neither to determine what constitutes a municipal affair nor to change such an affair into a matter of statewide concern." (Bishop v. City of San .Jose, (1969) 1 Cal. 3d 56, 63) ,,.^.• -..•J '._+...: --_._L_L:.F Et!ONt 5EPri E'__ 9d."-5 ..�:.' .: ...< The answer to this question, then, will be found ultimately after court inter - pretation of Section 65852.3, Section 65803 and the effect of the Legislature's .intent in purporting to make applicable Section 65852.3 to charter cities. 2. Which mobilehomes are certified under the National Mobile Home Construction and Safety Standards Act of 1974? All mobilehomes constructed and/or purchased after October, 1976. Does the placement of a mobilehome on a foundation system require a building permit? Yes. Health and Safety Code Section 18551 requires the State Department of Housing and Community Development to establish regulations for mobilehome foundation systems. Section 18551 requires the mobilehome owner,. prior to installation of a mobilehome on' s foundation system to obtain a building permit. Part Two "However, a city, including a charter city, county, or city and county may designate lots zoned for single-family dwellings for mobilehomes as described in this section, which lots are determined to be compatible for such mobilehome use." 4.; Is the authority granted by Part Two an alternative to the general proscription in Part One? No. Part Two was added to the legislation during the final legislative debate on the bill in response to strong local government opposition to the rigid mandate of the first sentence of the new Government Code section. The intent of the addition was to give local governments flexibility in carrying out the bill's purpose: to en- courage the use of mobilehomes on permanent foundations as an alternative to stick- built housing. Part One's general proscription to local governments is qualified by Part Two's enabling language. Although Part One precludes a city from prohibiting the placement of a mobilehome on a permanent foundation on a lot zoned for a single- family dwelling, Part Two authorizes a city to designate on which lots zoned for single-family dwellings the placement may occur and thus comply with the legislation. What is meant by "compatible"? "Compatible" is not defined by the legislation. There was no discussion of its mean- ing by either the Legislature or the bill' s sponsors (Western Manufactured Housing Association, Department of Housing and Community Development) . 6J deter How is a lot detemined to be "compatible"? Again, neither the legislation nor the Legislature has provided guidance. An analo- gous city determination may be the consideration of compatibility on a conditional use permit. Is the use "compatible" with the surrounding uses? However, it was not the intent of the bill's drafters to authorize a city to require a conditional use permit for the placement of a mobilehome on a perment foundation. 7. If a lot is designated for a mobilehome on a permanent foundation, may a con- ventionally-constructed home be placed on the lot? Yes. The designation authorized by Part Two contemplates identification of the mobilehome use as a "permitted use" on lots so designated. Other "permitted uses might include conventionally constructed single-family dwellings and other uses as 2 - ^-- ----. authorized by local ordinances. The following problem may present itself: cer- tain lots are designated for mobilehomes on permanent foundations. However, those lot owners, or a substantial portion of them, choose to construct con- ventional dwellings on those lots. Must the city designate other "compatible" lots to remain in compliance with the legislation or is the initial. designation ` sufficient? The intent of the Legislature was to provide available land zoned for single-family dwellings for mobilehomes. There was no indication, however, that non-residential land must be rezoned to provide that land (CF. AB 2853 (Roos) (Chapter 1142, 1980 Statutes) ; AB 2320 (McCarthy) (Chapter 1152, 1980 Statutes) . 8., How Many lots must be designated pursuant to Part Two to comply with Govern- " meet Code Section 65852.3? There was no discussion by the Legislature or the bill's sponsors which would help to answer this question. The intent of the Legislature was to require the integra- tion of mobilehomes on permanent foundations wi .h_cpnvention^� is -tines- -f="Y-dwellings Gpq to prevent_J._oc_ al governments land use policies from precluding what is per- ceived as an affordable housing alternative. Presumably, the Part Two designation would be reviewed to determine whether the local agency acted reasonably in imple- menting the Legislature's intent (see also question 17) . Part Three "A city,. including a charter city, county, or city and county may subject dny such mobilehome and the lot on which it is placed to any or all of the same development standards to which a conventional single-family residential dwelling on the same lot would be subject, including, but not limited to, building setback standards, side and rear yard requirements, standards for enclosures, access, and vehicle parking and architectural, aesthetic requirements, and minimum square footage re- quirements." 9 May a city subiect a mobilehome on a permanent foundation to a development stan- dard to which a conventional single-family dwelling is either not subject or subject to, to a lesser degree? No. To apply a development standard to a mobilehome on a permanent foundation, the same standard must be applied to a conventional single-family dwelling. 10. What are "standards for enclosures"? The intent of including this phrase in the definition of "development standards" was to allow for, but not be limited to, covered parking and garage requirements. 11. What is the difference between an "architectural" requirement and an "aesthetic" requirement? Neither the Legislature nor the bill's sponsors discussed the difference between these two words or their intent in including both terms. Some jurisdictions have argued that aesthetic requirements focus on design while architectural requirements focus on structural materials and construction. Part Four "However, any architectural requirements imposed on the mobilehome structure itself, exclusive of any requirement for any and all additional enclosures, shall be limited to its roof overhang, roofing material, and siding material." 12. May a city impose requirements for roof overhang roofing material and silliu material on a mobilehome on a permanent foundation if a conventional single- family dwelling is not subject to such requirements? No. The rule stated in Part Three applies. Architectural review has been defined- as a "development standard;" a city may only apply a development standard to a mobilehome on a permanent foundation if the same is applied to a conventional single-family dwelling. Part Five "In no case may a city, including a charter city, county, or city and county apply any development standards which will have the effect of totally precluding mobile- homes from being installed as permanent residences." 13. What was the legislative intent in enacting this sentence? The two purposes of the legislation generally and this- sentence specifically were (1) to require the integration of mobilehomes on permanent foundations with con- ventional single-family dwellings and (2) to prevent local land use policies from precluding what. is perceived as an affordable housing alternative. Miscellaneous 14. Health and Safety Code Section 18300.1 authorizes any person to file an appli- cation with the city for a conditional use permit for a mobilehome and provides for a public hearing procedure for its consideration, Health and Safety Code Section 18300(g) (3) states that the Mobilehome Parks Act shall not prevent a city- from requiring a permit to use a mobilehome outside a mobilehome park. What is the relationship between Health and Safety Code Sections 18300.1 and 18300(g) (3) and new Government Code Section 65852.3? Chapter 1142, by its terms, neither repealed Health and Safety Code Section 18300.1 nor Section 18300(g) (3) . The intent of the Legislature and the bill sponsors in enacting Government Code Section 65852.3 was to preclude a city from requiring a conditional use permit (or any other permit) for the place- ment of a mobilehome on a permanent foundation on a lot zoned for single- family dwellings. However, Part Three (third sentence of Section 65852.3) would seem to allow a city to require a conditional use permit for a mobile- home on a permanent foundation if such a permit were required for conventional dwellings. Unresolved Issues Several legal questions have been raised relative to implementing SB 1960 (Rains) . The scope of this memo does not permit answers to these questions. The following issues are listed for your information and consideration: 15.' Is the designation of certain lots within a single-family zone as compatible for mobilehomes on permanent foundations "spot zoning"7 16. Does the act of designating certain lots within a single-family zone as compat- ible for mobilehomes on permanent foundations expose the city to challenge by the non-designated lot owner on the basis of the equal protection clause? 17. Is the designation of certain lots as compatible for mobilehomes on perma- nent foundations a legislative or quasi-judicial act? - 4 18. What is the effect of. covenants, conditions and restrictions (or deed re- strictions) precluding the use of a mobilehome on, a permanent foundation in existence prior tothe effective date of SB 1960 (Rains) (July 1, 1981)? 19. What would be the effect of covenents, conditions and restrictions (or deed restrictions) precluding the use of a mobilehome on a permanent founda- tion entered into after the effective date of SB 1960 (Rains) (July 1, 1981)? i i 5 SAFETY CODE HEALTH AND SAFETY CODE §: 18008 at retail,such person shall be deemed to be $ 18005.7 Junior lienholder - .. "Junior lienholder" means a'person, other than a legal owner, having a security 'amen by dealers licensed under this part interest in a mobilehome or commercial coach perfected pursuant to the provisions of ployment, . '.;:- .. -. �, Section 18077.2. bona fide business of exporting mobile- (Added by Stats.1980, C. 1149, p. —, § 16.) citing orders for the sale and,delivery of Farmer 4 18005.7 was renumbered § sldC the territorial limits oP the United 18002.7 and amended by Stats.1985, c. 1510, p. 3549, § 8. 'ise tax is legally payable oil any of such - able on such transactions. Persons not ex- § 18006. Lease ' +s of exporting mobilehomes or commercial is mess of soliciting orders for the sale and an oral or written contract for the use, possession, and occupation of property. It includes rent. _ coaches ontside the territorlal; limits of iw (Added Stats.1967, c. 1056,p.2664,§2.) " - Jicenaure as dealers Only if their sales 'of ' Additional definitions, see 8 Cai.Adm. repealed by Stats.1967, c. 1056, p. 2664, § 1. produce less than 10 percent of their total Code 16293 et seq. See. now, § 18215. Former section 18006, which defined Former section 18006. added by Stat. "" "• I "recreational trailer park" added as sec. 1961. c. 2176, D. 4503, § 2 was renumbered a ie Or sale of mobilehomes or commercial tlon 18004.1 by Stats.1961, c. 2176, P. 4502 section 18001 and mended by Stats.1965, 4 2. renumbered section 18006 and amended c.1510. p.3550. G 9. ng mobilehomes commercial coaches by Stat.1965, c. 1510, P. 3549, 4 3, was Derivation: Former section 18005.1 added their business whenn the same shall have by Stats.1965. c. 672, P. 1897. § 1. and not for the purpose.of,avoiding the ;. �,.. ... ; $ 18006.5 Repealed. Stats.1967,c. 1056,P•2664,$ I er4 who buy, sell, list, or negotiate.the '{f Section 18000.5,' which defined "tem- Section 18006.5, added by Stats.1965, C. B Dorary trailer Dark," was added as section 572, D 1897 § 3, was renumbered § 18002.2 3 pursuant to Section 10131.6 of,the Bust- 18004.2 by Stats.1961, C. 2176. ➢. 4503, 1 2, -and amended by Stats.1967, c..124. p• 1153, and was renumbered and amended section 4 12. • 18006.5 by Stt.1965, c. 1510, P. 3549, 4 4. i 1 See, now, 44 18205, 18217. § 18007. Legal owner "Legal owner" means a person holding a primary security interest In a mobile- 2664,§ I' home or commercial coach, as evidenced by a certificate of title Issued pursuant to 2176, 4. 4502. § 2, and was renumbered sec- the provisions of this part. Where there is no separate security interest, the reg- tion 18004.4 and amended by Stats.1965. c. '} istered owner shall also be the legal owner. _ 702, p. 2097, 4 2. See,now, 44 18009, 18212. { (Added by Stats.1W, c. 1149, p. —, § 17.) -. Former § 18007, added by Stats.1967, c. Former § 18007, added by Stats.1965, c. 1056, P. 2664, § 2, derived from former § 702, p. 2098, §g 4, defining trailer coach was Sing and Community Development. - y 18008, added by Stats.1961, C. 2176. p. 4503, 4 replaced by Stats.1967, c. 1056, D. 2664, § I. 2, renumbered 4 18003.5 and amended by See, now, 4§ 18012, 19218. 1 Stats.1965, c. 1510, p. 3550. § 12. defining Former § 18007, added by Stats.1961, c. Former section 18006. added by Stats.1961, liquid petroleum gas, was repealed by 02176, P. 4503. § 2, was renumbered § 18001.4 c. 2176, D. 4503. § 2, was, renumbered see- ' Stats.1970, c. 127, P. 353, 4 1. - and amended by Stats.1965, c. 1510. p. 3550. lion 18003.7 and amended by Stats.1965, c. § 30. 1510, P. 3549, § G. .. - ' .Derivation: Former section 18005.5.added § 18007.5 Manufactured home by Stts.1961, C. 2176, P. 4603, § 2; renum- bered section 18002.4 and amended by Stats. "Manufactured home"means a mobilehome. 1965,C.1510,D• 3549,4 7. (Added by Stats.1980, c. 1149, p. —, § 18.) e. 1056,p.2664,§ I ', ',.. . " , ) Former qq 18007.6. added by Stats.1965, c. repealed by Stats.1967, C. 1056. p. 2664, § 1. Section 18005.3, which defined •'rent" was 702, p. 2098, 4 5, defining travel trailer, was See, now, §§ 18013. 18219. added by Stats.1965.c.572,D.1897, a 2. See, It now, 11 18011, 18226. - x.. r(�A_dded 8008. Mobilehome "Mobilehome", for the purposes of this chapter, is a • ! • structure trans- le rooms which are designed to be oc- rtable in one or more sections, designed and equipped to contain • • • not living, sleeping, cooking, eating, and re than two dwelling units to be used with or without a • • • foundation system. Mobilehome does not include a recreational vehicle, commercial ach, or factory-built housing, as defined to Section 19971. :ne lamended by Stat.1965mcc 1510, p 835485 by Stats.1967, a 1056, p, 2664, § 2. Amended by Stats.1969, c. 799, p. 1616, 1, was revealed 1 1 Siats.l9s7, c. 1066, p § 1; Stats.1972, c. 757, p. 1354, § 2; Stat.1975, c. 1248, p. 3234, § 2; Stats.1979, 664, 4 1. See now§ added c. 194, 1). § -.Former § 18005.5, atlded by Stata.19G1, c. P•—. §2; Stats.1979, C. 1180, —, 2.) 716. P. 4503. § 2, was renumbered § 18002.4 Dwelling, see§ 18005.5. amended by 3ts.1965, c. 1510, p. 3549, Taxation, application of definition, see 7. t Mobilehome. Revenue and Taxation Code § 5801. 7. Accessory building or structure, see 4 Sales tax exemption. see Revenue and 18213. Taxation Cede § 6379. Defined, see § 18211; Vehicle Code § 396. Section 18008. which defined "travel Park,see§ 18214. trailer Dark," added as section 18004 by 9s changes or additions by amendment Asterisks • • • Indicate deletions by amendment 141 .5;4 _ tl .I ,TY CODE HEALTH AND SAFETY CODE § 199715.1 .I;:. r:•.: ::•1 § 19971. Factory-built housing - - -'•' Y vern the construction of this part, ."Factory-built housing" means a residential building, ;dwelling unit, or an in- dividual dwelling room or.combination of rooms thereof, or building component, as- sembly, or system manufactured in such a manner that all concealed parts or pro- cesses.. y of manufacture cannot be Inspected before Installation at the.building site tl without disassembly, damage, or destruction of the part, including units designed :meats, and obtaining the approval, for use as part of an institution for resident or patient care, which 1s either wholly Development of the State of Cali- mannfactured or is in substantial part manufactured at an offsite location to be wholly or partially assembled onsite in accordance with building standards pub- , .. lished in the State Building Standards Code and other.regulationa adopted by the _ x� commission pursuant to Section 19990. Factory-built housing •''• • does not i d include a mobilehome,hs defined in Section 18008,mobile accessory building or struc- _ #iS ture, as defined in Section 18010, a recreational vehicle, as defined in Section . . I•.r: .-. i. 18010.5,or a commercial coach,as defined In Section 18012. ' subassembly, or other system de- i' (Added by-Stats.1969, c. 1422, p. 2913, § 2. Amended by Stats.1970, c 774, p. 1461, 2h may include structural,electrical, , § 1; Stats.19T4, c. 129, p. 263, § 4, urgency,,eff. April 2, 1974; Stats.1979, c. 1152, stems and other systems affecting , •, p. —, § 174.) 9nent" does not include appliances et! Library references ..to a manufacturer, they department cannot erators, or air Conditioners, which f require a manufacturer of factory-built [In and listing agency. Words and Phrases(Perm.Ed,) housing to obtain prier approval from other B '� E 1. In general state agencies having additional or differ- V.April 2,1974.) l�•i;'� '-�' Before the department of housing and ant standards relative to resident or pa- rry references community development grants its insignia tient-care facilities. 55 Ops.Atty.Gen, 60. 1-27-72 micfpal Corporations 4=601.1, 601.31 4 I,& Municipal Corporations 49 224, 225. § 19972. First user + . '•' lrds and Phrases (Perm.Ed.) "First user" means the person, firm, or corporation who Initially installs factory- i •" built housing within this state. A person who subsequently purchases a,building " w which wholly or partially consists of factory-built housing Is nota first user with- is, and documentation for a system 1 in the meaning of this definition. -stem of building components, which i, (Added by Stats.1969,c.1422,p.2913,§2.) ^ ., lumbing, and fire protection systems ; Library references Ph rm.Ed.) .. -: [y, Including variations which are ! W and (Pe , ,., ,:I rt... '., • .• S ' :. ft April 2,1974.) ' § 19973. Repealed by State.1970,c.774,p. 1461.§2 ,i C.The 1422,e algid s 2ti li addedned they StatH'hab-. Library references ..• ( noble room" rd ,.,Words and Phrases (Perm,Fd.) d as defined In Section 18M. 3 § 19974. Installation "Installation" means the assembly of factory-built housing on site and the process ,using and Community Development of:affixing factory-built housing to land, a foundation,-footings or an existing .r building.,, ... I I - _ - • (Added by Stats.1969, c. 1422, p• 2913, § 2.) .'.r - ,_ } Library references _ .. Words and Phrases (Perm.Ed.) „ §19975. Laos[enforcement agency ,using and Community Development "Local enforcement agency" means the city, county, or city and county in which factory-built housing is installed. (Added by Stats.1969, c.-1422, p. 2913, § 2.) - •-• • Library references Wards and Phrases(Perm.Ed.) § 19975.1 Local Inspection agency ` rooms which are occupied or which "Local Inspection agency" means the building department of a city,'county, or ,ne family with facilities for living, city and county, which has been certified by the department, and which has as- sumed responsibility for Inspection of in-plant construction as provided by Section (Added by Stats.1974,c. 129,p.263,§5,urgency,eff.April 2,1974.) - changes or additions by amendment Rules and regulations, see 25 Cel.Adm. Code 3800 et seq. Asterisks • • • Indicate deletions by amendment 40A C•I.to 18 273 1980 P.P. VWt N.KUNS GERALD Ross ADAMS RAY H.WHITAKER DAVID D.ALV CB CHIEF REPVTIES MARTIN L.ANDERSON �/ ,y PAUL ANTILLA JERRT L.BASSITECHAMT � � /� � J] I CMARLE ,C. ODAR K ENT L.OCCNAMBEAY Eyj•,FyL'' �`JV� 1�'. JAMEE L.ASHFORD STANLEY M.LOURIMORE ROBIN O. DOoeAR EDWARD K.PURCELL AMCLIA I.8000 JOMX T.$TUDEBAKEN /,y EIL'ECN J.BUXTON ROBE T CULLE /.E I � B N E. A.CABATIC ROBERT CULLEN DUiFY MFI•• HENRY J.CONTRERAS BEN E.DALE SHERWIROBERT C.MACKE CLINTONI J.OIWITT ANERWIN C.HACK CM21 C.JR. C.DAVID DICKERSON ANX I.1.MACKEY FRANCES S. DORBIN TRACY O.POWELL.II LAWRENCE H.FEIN RussELL L.$PARLJ"` JimmieWIND BION M. GREGORY SHARON R.FISHCR PRINCIPAL DEPUTIES JONN TOE HA EY J..POSTER CLAY FULLER KATNLEENEEN E.GNEKOW 3021 STATE CAPITOL ALvIN D.GRCSs SACRAMENTO 95814 - JOYCE E. HEE 1916) 445-3057 THOMAS R.HCUER JACK 1.NORTON SANDRA HUGHES 6011 STATE BUILDING MICHAEL J, KERSTEN 107 SOUTH BROAOWAY, L.DOUGLAS KIMNEY Los ANGELEB012 Sacramento California VICTOR KOZIELSKI f 213) 820-255550 ROMULO I.LOPEZ January 23, 1981 JAM EB A.MARSALA PETER F.MELMICOE • JOHN A.MOGER • • VERNE L.OLIVER EuGENe L.FAINE ' MARGUERITE ROTH MARY SMAW WILLIAM K.STARK Honorable Phillip D. Wyman Je FT L. OM TEINNAUSER Assembly Chamber _ MICNAEL H. UPSON • CHRISTOPHER J.WE[ RICMARO S.WEISBERG Mobilehomes: Zoning} 416136 THOMA 0 W ELA n O — DANIEL A. WHITZMN CHRISTOPHER ZIRKLE Dear Mr. Wyman: DEPUTIES FACTS You have informed us that a city, prior to January 1, 1981, established a residential mobilehome subdivision district on land previously zoned for single- family dwellings, wherein an individual is permitted to purchase a lot and install a mobilehome on a foundation system. You have also informed us .that development standards in the mobilehome subdivision require the developer to meet most requirements imposed on conventional housing. In this. regard, you have asked us the following question. QUESTION Based on .the information presented in the Facts, will mobilehomes on foundation systems be a permitted use on all lots zoned for single-family dwellings within the city in question on or after July 1, .1981, pursuant to Section 65852. 3 of the Government Code? Honorable Phillip D. Wyman - p. 2 - #16136 OPINION ' Based on the information presented in the Facts, mobilehomes on foundation systems will not be a permitted use on all lots zoned for single-family dwellings within the city in question on or after July 1, 1981, pursuant to Section 65852. 3 of the Government Code. ANALYSIS Section 65852. 3 of the Government •Code, l which will become opperative July 1, 1981 (see Sec. 3, Ch. 1142, Stats. 1980) , Z provides as follows: 1165852. 3. A city, including a charter city, county, or city and county shall not prohibit the installation of mobilehomes certified under the National Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401, et seq. ) on a foundation system, pursuant to Section 18551 of. the Health and Safety Code, on lots . zoned for single-family dwellings. HOweTe_ , a city, including a charter city, county, or city and county may designate lots zoned for ge-family dwellings for mobilehomes as— Rini scribed in this section, which lots are determined to be compatible for such mobile- home use. A city, including a charter city, county, or city and county may subject any such mobilehome and the lot on which it is placed to any or all of the same development standards to which a conventional single- family residential dwelling on the same lot would be subject, including, but not limited to, building setback standards, side and rear yard requirements, standards for enclosures, access, and vehicle parking and architec- tural, aesthetic requirements, and minimum 1 Hereafter all section references are to the Government Code unless otherwise indicated. 2 While Section 65852.3 has a delayed operative date, the provisions became effective January 1, 1981 (see Sec. 9600) . Honorable Phillip D. Wyman - p. 3 - #16136 square footage requirements. However, any architectural requirements imposed on the mobilehome structure itself, exclusive of any requirement for any and all additional enclosures, shall be limited to its roof overhang, roofing material, and . siding material. In no case may a city, including a charter city, . county, or city and county apply any development standards which will have the effect of totally precluding mobile- homes from being installed as permanent residences. " (Emphasis added. ) Section 65852.3 essentially prohibits a city, including a charter city, county, or city and county from precluding, totally, the installation of mobilehomes on a foundation system3 on. lots zoned for single-family dwellings. The first sentence of Section 65852.3 contains the broad prohibition against precluding installation of mobilehomes on foundation systems on lots zoned for single-family dwell- ings. The second sentence qualifies the broad sweep of the first, permitting local agencies to designate lots zoned for single-family' dwellings which are. determined by the local agency to be compatible for the mobilehome use. As can be seen, the provisions of Section 65852. 3 require a city or county, on or after July 1, 1981, to allow a mobilehome on a foundation system on any lot zoned for single-family dwellings, unless certain lots in single-family dwelling zones are designated by the 'city or county for this mobilehome use. The provisions of Section 65852. 3, however, do not specify whether a designation made prior to the effective date of Section 65852. 3 would comply with those provisions. It is a ;fundamental rule of statutory construction that the courts will give statutes a reasonable construction which conforms to the apparent purpose and intention of the lawmakers (Clean Air Constituency v. California State Air Resources Bd. , 11 Cal. 3d 601, 813) . 3 References -in this opinion to "mobilehomes" and "foundation systems" are to the types of mobilehomes and foundation systems described in Section 65852. 3. Honorable Phillip D. Wyman - p. 4 - #16136 Applying this rule •to the question raised, we think a designation made prior to the effective date of Section 65852. 3 would generally satisfy the requirements of this provision. We think that the basic purpose and intention of the Legislature in enacting Section 65852. 3 is fulfilled if a city, whether prior to, or on or after, July 1, 1981 , has designated lots zoned for single- family dwellings for mobile- homes on foundation systems. In the absence of this type of designation, Section 65852. 3 will require that the city permit mobilehomes on foundation systems on all lots zoned for single- family dwellings in the city. In this instance, as set forth in the Facts, the city prior to January 1, 1981, established a residential mobilehome subdivision district on land previously zoned for single-family dwellings, thus meeting the designation requirement of Section 65852. 3 , as discussed above. Con- sequently, the city in question would not be required pur- suant to Section 65852.3 to, on or after July 1, 1981, permit within its jurisdiction mobilehomes on foundation systems .on all lots zoned for single-family dwellings . As a final matter, we point out that Section 65852.3 would limit any architectural requirements which may be placed on a mobilehome structure installed on a foundation system on lots zoned for single-family dwellings, to those requirements pertaining to ioo overhang, roofing material, and siding material. Additionally, Section 65852. 3 would prohibit any development standard which would have the effect of totally precluding mobilehomes from being installed as a permanent residence on lots zoned for single-family dwellings . Accordingly, in our opinion, ' based on the informa- tion presented in the Facts, mobilehomes on foundation systems will not be permitted use on all lots zoned for single-family dwellings within the city in question on or after July 1, 1981, pursuant to Sec,'-.ion 65852 . 3 of the Government Code. Very truly yours, Bion M. Gregory Legislative Counsel By Micha,21 H. Upson Deputy Legislative Counsel MHU:mcj STA" C= 'ALIFU3N!A COMUND G.VOW"I )R, E)EPARTMEENT OF HOUSINC7 ANIJ3 COMMUMTY 171 Janjary 23, 1931 7 TO: ALL INTERESTED PARTIES: FROM: Carolyn Burton, Deputy General Counsel CS RE Department' s Legal Interpretation of S3 1960 In 1080 the Legislature passed and Governor 3rown signed into law S'D 1960 (Rains) which provides for mcbilehomes in sjncl� fa:n1ly residential zones (Chapter pter 1142, Statutes of 1980) . Currently, many localities exclude mob;lehomes entirely, or restrict their location ti-I nobilehome parks. This new law, which wil"i take effect on July 1, lg;;] , -�ssures that rnobilehomes will have a place in every Ca] il'..-,rnia community. In summmary, the ne,,.; st_-tljt_-, precludes prahihili-n a city or county af- ins'aIlation of newer mobilehc:;,,es (built since -,,hJch are installed on Per;n_-n=nA' fo,,nela`ions on lots zoned For sinn! rRSIdences. Altarn, 4valv, the lcrali` v may rieslgnate sites fo in single f.--I :'I%, Zones. The local jurisdicti,Ln may a.�Piy sidey.ard , *par k in g, a'r+,! other d1e.,eloprvent stazi.j�trls it would *-1";"Y cap a conventional 0:1 thp Sp me lot. I MrChi.t_�Ctur_�l stardards iia'v be to the mobilahom . whicI, deal s.pe ;flcally ri:;of nd n-..`;-.:i !nd sidin- a . y1 m.at-3 r sal s E ,r;)*,S at '.h e ne::' lax are at "�11;L J. A n.srbsr of -upsio.-.s have arisen r--?-ardinq the r); - 'nterpretation -of r = this law. These questions, and the legal interpr2cation of the Department of Housing and Community Develo7..Erit 1. IMU-st inobilehom"es tir7 meet.inq " the Standards of the bill be allo-..ied on every M to tai-Till,O Z-On'Z-12? Yes--except that the Ioc3lity may designate specific sites ir: single family zones for mobilehome use as an alto-iative approach. However, the nUriti;r of single family sites e)tcl.-,-.Ie- from use by mch is limit-.' by several Considerations, most -Importantly' ("Zquirements. The first sentence of the new law is 3, general proscription against prohibiting ni'L)ileh.cmes kCjeeting thB srpcified Gn lots zoned for single family dv,-ll ings. Howevc-, the sec'vrd provides an alternative th" city may dCsiqn.,'o lilts zon=d for single f-,T.ily dwell -Ings for Irohill-h(rie use, %,,-hic� are dle'+-'r-,ired to Ii2 cnmp.,tible for uv-1. iz'_'s this --.,-.h and does desi- o t $in�le fa':lily lots for L mcbIle.'inni: I,,:, �.vori l"t si- f i9! ?�� c^.•J�riCdl basis for determininq the mrmter of 1hts d`signntnd for mot 'ishooe use is in the locality's h,,sir , al d'F_rat. Statutory req'Jiro ._r: , for local 'housing element--whether prepared pursu nt to G;varnment Code` T_ction 55302(c) and the Housing Element Guidelines or the new Article 10.6, - arcing with Section 65580, of the Government Code (AB 2 53)--require l"cality 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 Laing 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 challen,ie (see questions 5 and 6 below) the locality should designate ail 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 unerally 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 be compatib ,e for such cooi :eh� o�r,J us ?� The word "compatible" is not defined and, therefore, the locality may exercise its own judgment in determining compatibility. Ho:aver, 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• n'obi ,°.f.0"!e use, determine that the lots C ?et this standard. Til'_ jurisdiction may ';fish to make findings to this effect. Geniraliy, sites will be compatible for mobilehome use if mobileiromes will meet the existing zoning and subdivision requirements. The fear that the pia--=nt of a mobilehome on a lot might have a negative = effect- - 9 a__iv rn^�^iic � � ct oil sur•roinding lots does not mean that it is an incompatible land use. Additiwral criteria th:t the city could ronAder in making the de,:ernination are probably limited to architectural and historical factors. The litmus test '.could 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 mobilehc:mes. 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. 771, compatibility may be reduced to simply meetinq existing zoning and subdivision requirements. Tnis standard provides the necessary rational basis and i; easy to apply. Since it also reflr_cts the subsequent requirerent of the statute that the locality may subject the -2- f ehome iJ the `a'J.ie devel0ra-zrit jt•irirj.."'ls U)at 1;p ly to ] c7nv'?nt joiial si %, family d'oelIing, this stand nd would not be Subject to legal -!iz enge. 3. Does the zonin:, for mobilehom.e parks or subdivisions comoly with the r,e•,v I aw? A 1CC31ity may continue to zone for mobilehone parks or subdivisions. However, such zoning will meet the requirements of the new statute only if conventional single family structures are also alloyed in such zones. Where such mobilehome park or subdivisions exclude conventional single family residences, the locality would still be required to allow mobilehones in single family zones or designate lots in single family zones for nohilehomes. 4. What is the relationship bet'ne=n the new law and the "lobilehomie Parks 'c. 'vit respect to use perT tst The i••,obilehome Parks Act sets standards for the design and use of mobilehome parks and provides for state or local enforcement. Health and Safety Code Section 15300(g) (3) states that the provisions therein do not prevent a jurisdiction from requiring a use permit for a mobilehoTe which is installed outside of a mobileho;ae park. .+b'Ile SB 1950 did not explicitly repeal Section 1S300(g)(3) , a local requirement of a use permit for a nobileho-ne in a single family residential zone is inconsistent with the new la:i. The first sentence of the ne.v Statut-? precludes a locality from prohibiting nobiichuTes pn lots in sicoll'? family zones. Requiring a use permit implies possibly prohibition of th= t*o^ilehom= use since the request for a permit cou':_' be denied. Therefore, subsequent to the passage of SB 1960, a use permit for a mobilehome should n;j' be required. This is likewise true if the locality opts for the alternative of design ting single family lots for cobileho.me use. Once t'^e site has been designated, there is no n^ed 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. 1iith respect to conditional use permits, conditions relating to factors other than the fact oat the structure is a mobilehome can be required if such conditions are likewise applied to conventional construction. This is consistent with the express statement that nGbileilo.nes nay be subjected to the sane development standards as are placed cr, conventional single family dweI I ings. 5. Does the new statute require a city or county to "spot zone"? "Scot zoning" is the practice of restricting a small parcel as an "island" and giving it less rigits than surrounding prop-?Ities iV.mere no rational reason exists foe' such a r^strlction• ?ii'. classlf)cat)i;n 'dnild be discri,oinotory, i .e. , in violation of the equal protection clause. A property that is favored by allowing additional uses is not spot zoning Simie t;r:1 pro,CEir tv has not been discrimtra 2.J a;;ainst -J^ -ni new law does not int?nd for localitio , to design,oto 10s in single 1 ?.y zones exclusi'Yely for mohileho7v "so. Sites identl°ied for n.mMehowe use, should be available for coniantknal construction as :null . Y .• feet, the permitted uses on the rr'uparty have been ei:7.'.::'cj to i•n•clus 7co ka braes. The property has therefore been treater! Favorably by allowin.l an M itional use, and not discriminated against. This is not spot zoning. 5. Can the property owner whose single family lot is not zoned for mo l enomas allege discrimination? A Nroperty owner who wants to place a mobilehame 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 rust be based upon some distinction which justifies the differential tre.stricK . Meeting this standard should not he a prohlem for a locality in complying A .. : the new ldrl since tills 15 the same St;"':aYd L.'1?L .^."st b2 anpl led in tra'a:tlonal zoning practices. It simply Amens that the most of sites for mA ileham2 use must have some rational basis . Tnis basis will probably be the same as the locality's determination of co^ :Bill ity. For example, e if very narrow in-fill lots in urban areas a`•2 rejected for mobilehome use as not "compatible" (because of the need for a larger lot) , the rational basis test rloult be met . Dn the other hard, in su'_urb an resiAntlal a` 2nu 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 appropr'inte way to designate icts for mobilehome use m5y be the adoption of a mobilekne overlay permitting mobilehcmes on all lots in the particular single family zone. 7. Does the new law nullify covenants, conditions and restrictions on property which proniui s n:_:oil-ahw ash— ---�No. Restrictive covenants prohibiting mebilehomes on residential lots (entered into either before or after passage of the bill) are not directly affected by S3 190. The courts have upheld covenants restricting the use of property in the face of v3ro e p naive zoning requirements . (See Legislative Counsel Opinion No. iGOV, 11/17/ 0, afFlr-.n ng this view. ) lbwaver, the departnant has issued an opinion indicating that restrictive covenants prohibiting robilehimes may bn =nforcovhk and that SR 1960 adds additia2il „pport t.; tli !: vial. -4- .s have refused to enforce restrictive crriehantS ::hr,?r^ due `onav °rhdrr� tl ti a i. insq zb t h`�n -: ice.:r' _ _ ohs ',.oulrl he oppressi/% and ir:._:, rit . , o the .r ;., .y u:;a-i r - , -O. For _zanple, this might occar . ore 3 prop: rty it restrictV in s' i= family residential use and, Gver '..period of yeors, the ei haorhond its Aanged froi residentlal. to ccoinrclal . Maintaining the lot as roi .'.entlal no longer benefits surrounding properties (for nhasy protection n_ covenant was entered into in the first placer and imposes a hardship on the owner of the restricted property. Rezoning of surrounding areas to cc'Terc ial 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 mobil:_rc:5es pursu .nt to SS 1960, could be a factor used by a court to determine whether changed conditions render a restriction against mobilehor:es anenforce3ble, The new 54 is also evidence that such restrictions are contrary & public policy, a . factor to be considered by the court in deciding 'whether a restriction snoild be enforced. Covenants prohibiting mobileno:mes may also be narrowly interpreter; by the courts to apply only to older mobilehones rather than ne'a2r eobilehomes--many of 'which are visually indistinguishable fra:.l conventionally-constructed hones. This interpretation would to consistent a general judicial rule to interpret such restrictions In a Maria:' shirn limits encumbrances on property. [Tha departs%nt 's legal opinic:'• analyzing the enfcrcability of these covenants is available upon rene>t. j 3. Does the new statute apply to charter cities and cnurtivs? M . State zoning law only applies to aeneral la:: cities and c'_ „nti_s unl _;s trier is specific language applylnq the provision to charter ,i c t i -r ee v l .nt Code Sect ions t?:'�A .nd ,., i_ a;.�s. (S_�, for exa:.ar�_ , 6wern+:,::.. 259i .. j The new law contains such a Provision, explicitly aPOWN9 it 'i .:: _. ter cities and counties .