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HomeMy WebLinkAboutORDINANCES - 09221992 - 92-65 ORDINANCE NO. 92- 65 (On Interim Mobile Home Establishment and Use) The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code) . SECTION I . Article 84-68 . 8 of the County Ordinance Code is amended (to move all of its provisions , except on rezoning, to articles 84-68 . 16 , 84-68 . 18 and 84-68 . 20 ) to read: Article 84-68 . 8 Rezoning 84-68 .802 Rezoning to T-1 district. An applicant requesting a change in zoning to a T-1 mobile home park district shall submit simultaneously and in combination with the rezoning application, an application for a land use permit seeking approval of the development plan. When such an application for a land use permit is submitted, it shall be processed and notice given therefor in the same manner as those matters designated to come before the zoning administrator, except that this application shall be heard by the planning commission at the same time that the rezoning application is heard. (Ords . 92- 65 § 1 , 87-3 § 2 , 68-30 § 2, 67-39 § 1 : prior code § 8168 (d) ( 1 ) . ) SECTION II . Article 84-68 . 14 is amended, renumbered and new articles 84-68 . 14 , 84-68 . 16 , 84-68 . 18, and 84-68 . 20 are added to read: Article 84-68 . 14 Restrictions 84-68 . 1402 Use for human habitation. No person shall locate, maintain or use, for human habitation including sleeping, a mobile home, trailer or camp car on any lot except as provided in articles 84-68 . 16 , 84-68 . 18 and 84-68 . 20 and as follows : ( 1 ) In a lawful mobile home park or travel trailer park; ( 2 ) In a lawful recreational vehicle park or campground allowed by a land use ORDINANCE NO. 92- 65 -1- permit in these districts only: A-2 , A-3, R- B, C, L-I and T-1 . (Ords . 92- 65 § 2 , 87-3 § 2 [ former § 84-68 . 806 ] , 81-38 § 1 , 80- 74 § 7 , 75-16 § 5 : prior code § 8168 (d) ( 3 ) : Ords 69-83 § 1, 68- 30 § 2 , 67-39 § 1 . ) 84-68 . 1404 Storage of mobile homes, travel trailers and camp cars . The storage of a mobile home, travel trailer or camp car at the residence of the owner or any other residence is permitted when not used for living or sleeping purposes; provided, that the mobile home, travel trailer or camp car shall be adequately screened from view from public roadway or thoroughfare . (Ords . 92-65 § 2 [former § 84-68 . 810 ] , 87-3 § 2, 68-30 § 2 [ former § 84-68 . 808 ] , 67-39 § 1 : prior code § 8168 (d) ( 4 ) . ) 84-68 . 1406 Lot occupied as living quarters. A lot in a mobile home park or travel trailer park shall not be occupied as living quarters unless a single mobile home or a single travel trailer or a single camp car is parked on the lot . (Ords . 92- 65 § 2 [ former § 84-68 . 812 ] , 87-3 § 2, 68-30 § 2 [ former § 84-68 . 810] , 67-39 § 1 : prior code § 8668 (d) ( 5 ) . ) Article 84-68 . 16 Permanent Use 84-68. 1602 Permanent Mobile Homes . Mobile homes may be located, maintained and used for human habitation by building permit in all single-family residential districts (R- ) and all agricultural districts (A- ) when the mobile home unit complies with the following: ( 1 ) It is to be occupied only as a principal residence on the lot; ( 2 ) It meets all development standards . of the applicable zoning district; ( 3 ) It is certified under the National Mobile Home construction and Safety Act of 1974 and any subsequent revisions; (4 ) It is installed on a permanent foundation system approved by the building inspection department of Contra Costa. County; ( 5 ) It is covered with an exterior ORDINANCE NO. 92-65 -2- t material customarily used in new conventional single-family residential structures in the surrounding area; ( 6 ) The exterior covering material must extend to the ground consistent with the most recent county adopted Uniform Building Code. If a solid concrete or masonry perimeter foundation is used, the covering material need not extend below the top of the foundation. No conventional mobile home skirting shall be allowed; ( 7 ) The roofing material is of a material customarily used in new conventional single-family residential structures in the surrounding area; ( 8 ) The roof have eave and gable overhangs ; ( 9 ) The covering material of the garage or carport is the same as used on the mobile home unit; ( 10 ) The roof overhangs , siding and roofing material have been approved by the zoning administrator. The exterior materials must be found compatible with neighboring residences . (Ords . 92- 65 § 2 [ former § 84-68 . 808] , 87-22 § 3, 87-3 § 2, 81- 38 § 2 [ former § 84-68 . 807 ] : Govt . C . § 65852 . 3 . ) Article 84-68 . 18 Caretaker Use 84-68. 1802 Permitted. Mobile homes may be located, maintained and used for housing for a watchman or caretaker in the H-I , L-I , A-80, A-40, A-20, A-4 , A-3, A-2, A-1 , C, F-R, F-1 , C-M and W-3 districts , when the zoning administrator has determined that all of this article' s criteria and procedures are satisfied . (Ords . 92-65 § 2 [ former § 84-68 . 806 (a) ] , 87-22 § 2, 87-3 § 2 . ) 84-68 . 1804 Criteria . Caretaker mobile home criteria to be satisfied and complied with are: ( 1 ) There is a need for an on-site caretaker to protect possessions of substantive value; ( 2 ) No other housing is available for a caretaker; ORDINANCE NO. 92- 65 -3- ( 3 ) The mobile home is not and will not 3 be occupied by any individual possessing an ownership or leasehold interest in the property. The caretaker shall be employed as a caretaker and shall be present on-site most hours of the day; (4 ) The initial term of the land use permit shall not exceed four years , and shall be set at the discretion of the zoning administrator. The land use permit may authorize the granting of one or more extensions by the zoning administrator, each extension not to exceed four years ; ( 5 ) The mobile home shall be a single- wide unit and contain at least two hundred twenty square feet but not more than five hundred square feet of floor area; ( 6 ) The mobile home shall not be installed on a permanent foundation system; ( 7 ) Conditions of the health officer are satisfied regarding water supply, sewage and refuse collection, as set forth in Divisions 414 , 418 and 420 ; ( 8 ) Other conditions determined appropriate by the zoning administrator. (Ords . 92-65 § 2 [ former § 84-68 . 806 (a) ) , 87--22 § 2, 87-3 § 2 . ) 84-68 . 1806 Not Permanent. Where an ongoing need for a full-time caretaker exists , the shelter needs of the caretaker shall be satisfied by the provision of a residence on a permanent foundation. (Ords . 92-_�_ § 2 [ former § 84-68 . 806 (b) ) , 87-22 § 2 , 87-3 § 2 . ) 84-68 . 1808 Application and Permit. (a ) Notice-Procedure . Before the zoning administrator decides an application pursuant to this section, the community development department shall mail notice of intent to decide the application to all owners of real property as shown on the latest equalized assessment roll within four hundred feet of the real property on which the mobile home is proposed to be located. Instead of the assessment roll, the department may use records of the county assessor which contain more recent information than the assessment roll . ORDINANCE NO. 92-65 -4- (b) Notice--Content. The notice shall t state the general nature and location of the application and the time period within which comments must be submitted to be considered. The public comment period shall not be less than seven calendar days from the date of mailing. (c) Objections . If , with the comment period specified in the notice of intent, a written objection to the application is received or postmarked, the community development department will attempt to satisfy the concerned parties . Reasonable development and use conditions will be proposed to the applicant and the objectors . If one or more parties is unwilling to accept the staff proposal , the zoning administrator shall schedule a public hearing on the application before the planning commission in accordance with the applicable provisions of this chapter and mail notice thereof to the applicant, the owner and any objector. (d) Permit-Granting. If no such objection is received or postmarked within the comment period, the zoning administrator may grant the permit, with or without conditions . (e) Permit-Extensions . Requests to extend mobile home permits , including those which were issued prior to the effective date of this section, shall be subject to the criteria and procedures set forth in this section applicable to new permits . (Ords . 92-65 [ former § 84-68 . 806 (c) , (d) , (e) , ( f ) (g) ] , 87-22 § 2, 87-3 § 2 . ) Article 84-68 . 20 Temporary Use 84-68. 2002 Family Occupancy. The use of a mobile home, trailer or camp car may be approved on any lot by a land use permit for temporary occupancy by members (within the third degree of consanguinity) of the family occupying the principal residence on the lot, when the zoning administrator has found that it will not be detrimental to the neighborhood and that there is hardship involving age or health and not mere financial need or convenience. The mobile ORDINANCE NO. 92- 65 -5- homes shall not be installed on a permanent foundation system. (Ords . 92- 65 § 2 [former § 84-68 . 804 ( 2 ) ] , 87-3 § 2 [ former § 84- 68 . 806 ] , 81-38 § 1 , 80-74 § 7 , 85-16 § 5 : prior- code § 8168 (d ) ( 3 ) : Ords . 69-83, § 1 , 68-30 § 2, 67-39 § 1 . ) 84-68. 2004 Construction or Watchman. The use of a mobile home, trailer or cramp car may be approved by the zoning administrator on a temporary basis in any district when necessary to provide a construction office or housing for a watchman during the construction phase of the project, and only after necessary permits are obtained from the building inspection and health department. The mobile home shall not be installed on a permanent foundation system. (Ords . 92- 65 § 2 [ former § 84-68 . 804 ( 2 ) ] , 87-3 § 2 [ former § 84- 68 . 806 ] , 81-38 § 1 , 80-74 § 7 , 75-16 § 5 : prior code § 8168 (d) ( 3 ) : Ords . 69-83, § 1 , 68-30 § 2, 67-39 § 1 . ) 84-68 .2006 Interim Agricultural Use. (a ) By an approved land use permit, a mobile home may be located, maintained and used for a period not exceeding five years as housing on a parcel containing at least ten acres , zoned as an agricultural district (A- ) and where the zoning administrator has determined that all the following criteria are satisfied: ( 1 ) No other adequate residential housing exists on the involved parcel . ( 2 ) There is a need for the on-site mobile home to assist the agricultural use of the involved parcel during the interim (but not to exceed five year) permit period. ( 3 ) The term of any approved pE�rmit shall not exceed five years and shall be set at the discretion of the zoning administrator. No permit extensions are allowed. ( 4 ) The square feet of the mobile home' s floor area shall not exceed two thousand square feet and shall be as set at the discretion of the zoning administrator. ( 5 ) The mobile home shall not be installed on a permanent foundation :system. ORDINANCE NO. 92- 65 -6- ( 6 ) Conditions of the health officer are satisfied regarding water supply, sewage and refuse collection, as set forth in Divisions 414 , 418 and 420 . ( 7 ) That upon expiration of the permit' s term, the use of the mobile home for human habitation, living or sleeping purposes shall immediately cease and it removed from the parcel except for any storage allowed by section 84-68 . 1404 . ( 7 ) Other land use permit conditions determined appropriate by the zoning administrator will be complied with. (b) Any land use permit granted for such interim agricultural mobile home use shall not become operative and no such interim mobile home use shall be established unless and until the permittee-applicant has filed with the community development director a written acknowledgement of and agreement to fully comply with this section' s criteria and requirements , the involved land use permit' s conditions , to immediately stop use of the mobile home on (and remove it from) the parcel after the said permit' s expiration, .and to advise any successors-in-interest to the said permit and/or ownership of the involved mobile home of these matters . (Ord . 92- 65 § 2 . ) Article 84-68 . 22 Land Use and Variance Permits 84-68 . 2202 Granting. Land use permits for the permit uses allowed by this chapter and variance permits to modify the provisions contained in sections 84-68 . 1202 through 84- 68 . 1316 may be granted in accordance with the procedure set forth in chapters 26-2 and 82- 6 . (Ords 92- 65 § 2, 80-74 § 10, 68-30 § 2, 67-39 § 1 : prior code § 8168 (8) . ) SECTION III . EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days after passage shall be ORDINANCE NO. 92-65 -7- published once with the names of supervisors voting for and against it in the Contra Costa Times , a newspaper published in this County. PASSED on September 22, 1992 by the following vote: AYES: Supervisors Powers; Fanden, Schroder, .Torlskson, McPeak NOES : None ABSENT: None ABSTAIN: None ATTEST: PHIL BATCHELOR, Clerk of the Board and County Administrator Deputy Board Chair [S E;AL] VJW: jh :df ( 5-27-92 ) ( 9-9-92 ) DF10:a:\mobile.ord ORDINANCE NO. 92- 65 -8- --