AB 1334: Mobilehome parks: additional spaces: exemption from additional fees or charges.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2023-04-20
Current Status:
Failed
(2023-09-01: In committee: Held under submission.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
Existing law, the Mobilehome Parks Act, generally regulates various classifications of mobilehome and related vehicle parks, and imposes enforcement duties on the Department of Housing and Community Development and local enforcement agencies. The act authorizes any person to file an application with the governing body of a city or county for a conditional use permit for a mobilehome park. The act requires a person, before operating a mobilehome park, and each year thereafter, to obtain a valid permit from the enforcement agency in order to operate the park. The act also requires the owner of a mobilehome park to obtain a permit to create, move, shift, or alter park lot lines.
This bill would authorize an owner of an existing mobilehome park that is subject to, or intends to qualify for, a valid permit to operate the park, to apply to the enforcement agency to add additional specified spaces to the mobilehome park not to exceed 10% of the previously approved number of spaces in the mobilehome park. park, if the owner has not been served with a notice of violation that constitutes an imminent threat to health and safety. The bill would exempt the additional spaces from any business tax, local registration fee, use permit fee, or other fee that does not apply to fee, except those fees that apply to the existing spaces in the park.
Existing law, the California Environmental Quality Act (CEQA), requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA does not apply to the approval of ministerial projects.
This bill would prohibit the enforcement agency, city, or county from requiring a conditional use permit, zoning variance, or other zoning approval in order to add the spaces. By requiring a city or county to ministerially approve a project to add the mobilehome park spaces described above, this bill would exempt those projects from CEQA.
Existing law, the Mobilehome Parks Act, generally regulates various classifications of mobilehome and related vehicle parks, and imposes enforcement duties on the Department of Housing and Community Development and local enforcement agencies. The act authorizes any person to file an application with the governing body of a city or county for a conditional use permit for a mobilehome park. The act requires a person, before operating a mobilehome park, and each year thereafter, to obtain a valid permit from the enforcement agency in order to operate the park. The act also requires the owner of a mobilehome park to obtain a permit to create, move, shift, or alter park lot lines.
This bill would authorize an owner of an existing mobilehome park that is subject to, or intends to qualify for, a valid permit to operate the park, to apply to the enforcement agency to add additional spaces to the mobilehome park not to exceed 10% of the previously approved number of spaces in the mobilehome park. The bill would exempt the additional spaces from any business tax, local registration fee, use permit fee, or other fee that does not apply to the existing spaces in the park.
Existing law, the California Environmental Quality Act (CEQA), requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA does not apply to the approval of ministerial projects.
This bill would prohibit the enforcement agency, city, or county from requiring a conditional use permit, zoning variance, or other zoning approval in order to add the spaces. By requiring a city or county to ministerially approve a project to add the mobilehome park spaces described above, this bill would exempt those projects from CEQA.
(a)An owner of an existing mobilehome park who is subject to, or intends to qualify for, a valid permit to operate issued pursuant to Section 18505, and has not been served with a notice of violation that constitutes an imminent threat to health and safety pursuant to paragraph (2) of subdivision (a) of Section 18420, may add either of the following types of spaces to the mobilehome park, not to exceed 10 percent of the previously approved number of spaces in the mobilehome park:
(1)A space for a single-family manufactured home.
(2)A duplex multifamily manufactured home on a space previously occupied by a single-family mobilehome or manufactured home.
(3)Any combination of spaces authorized by paragraphs (1) and (2).
(b)(1)Before adding any space pursuant to subdivision (a), the owner of the mobilehome park shall apply to the enforcement agency for all permits required by this part necessary to increase the occupancy in the park.
(2)Before issuing the permits, the enforcement agency shall require all reasonable information to ensure that the additional spaces do not substantially impact the provision of services to the existing or new spaces, including water, sewage, electrical, gas, and other utilities. The enforcement agency may require evidence of compliance with all local health, utility, and fire requirements, as it deems necessary.
(c)(1)Spaces added pursuant to this section shall not be subject to any business tax, local registration fee, use permit fee, or other fee, except those that are applicable to existing spaces in the park.
(2)Pursuant to paragraph (1), a local agency may impose local property taxes, fees for water and sewer services and garbage collection, fees for normal inspections, local bond assessments, and other fees, charges, and assessments that apply to the existing spaces in the park.
(d)Notwithstanding any law, the spaces added pursuant to this section shall be deemed to comply with the zoning and land use approvals of the existing mobilehome park, including any special use permit.
(e)For the purposes of local ordinances, spaces added pursuant to this section shall not be deemed a use that differs from the mobilehome parks existing land use approvals.
(f)The enforcement agency, city, or county shall not require a conditional use permit, zoning variance, or other zoning approval for any spaces added pursuant to this section.
(a)An owner of an existing mobilehome park who is subject to, or intends to qualify for, a valid permit to operate issued pursuant to Section 18505, may add either of the following types of spaces to the mobilehome park, not to exceed 10 percent of the previously approved number of spaces in the mobilehome park:
(1)A space for a single-family manufactured home.
(2)A duplex multifamily manufactured home on a space previously occupied by a single-family mobilehome or manufactured home.
(3)Any combination of spaces authorized by paragraphs (1) and (2).
(b)(1)Before adding any space pursuant to subdivision (a), the owner of the mobilehome park shall apply to the enforcement agency for all permits required by this part necessary to increase the occupancy in the park.
(2)Before issuing the permits, the enforcement agency shall require all reasonable information to ensure that the additional spaces do not substantially impact the provision of services to the existing or new spaces, including water, sewage, electrical, gas, and other utilities. The enforcement agency may require evidence of compliance with all local health, utility, and fire requirements, as it deems necessary.
(c)(1)Spaces added pursuant to this section shall not be subject to any business tax, local registration fee, use permit fee, or other fee, except those that are applicable to existing spaces in the park.
(2)Pursuant to paragraph (1), a local agency may impose local property taxes, fees for water services and garbage collection, fees for normal inspections, local bond assessments, and other fees, charges, and assessments that apply to the existing spaces in the park.
(d)Notwithstanding any law, the spaces added pursuant to this section shall be deemed to comply with the zoning and land use approvals of the existing mobilehome park, including any special use permit.
(e)For the purposes of local ordinances, spaces added pursuant to this section shall not be deemed a use that differs from the mobilehome parks existing land use approvals.
(f)The enforcement agency, city, or county shall not require a conditional use permit, zoning variance, or other zoning approval for any spaces added pursuant to this section.
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Date
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Status
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|---|---|
| Sep 1, 2023 | In committee: Held under submission. |
| Jul 10, 2023 | In committee: Referred to APPR. suspense file. |
| Jun 28, 2023 | From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 8. Noes 0.) (June 28). Re-referred to Com. on APPR. |
| Jun 21, 2023 | From committee: Do pass and re-refer to Com. on GOV. & F. with recommendation: To Consent Calendar. (Ayes 11. Noes 0.) (June 20). Re-referred to Com. on GOV. & F. |
| Jun 7, 2023 | Referred to Coms. on HOUSING and GOV. & F. |
| May 26, 2023 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 25, 2023 | Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 1770.) |
| May 18, 2023 | From committee: Do pass. (Ayes 15. Noes 0.) (May 18). |
| May 18, 2023 | Read second time. Ordered to third reading. |
| May 3, 2023 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 24, 2023 | Re-referred to Com. on APPR. |
| Apr 20, 2023 | Read second time and amended. |
| Apr 19, 2023 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (April 19). |
| Mar 2, 2023 | Referred to Com. on H. & C.D. |
| Feb 17, 2023 | From printer. May be heard in committee March 20. |
| Feb 16, 2023 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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| Jul 10, 2023 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
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| Jun 28, 2023 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Governance and Finance |
Passed |
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| Jun 20, 2023 | Do pass, but first be re-referred to the Committee on [Governance and Finance] with the recommendation: To Consent Calendar | Senate Standing Committee on Housing |
Passed |
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| May 25, 2023 | AB 1334 Pellerin Assembly Third Reading | Assembly Floor |
Passed |
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| May 18, 2023 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
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| Apr 19, 2023 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Housing and Community Development |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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| California Commission on Aging | ** Support | |
| California Manufactured Housing Institute | ** Support | |
| California YIMBY | ** Support | |
| Western Manufactured Housing Communities Association | ** Support |
SENATE COMMITTEE ON APPROPRIATIONS
Senator Anthony Portantino, Chair
2023 - 2024 Regular Session
AB 1334 (Pellerin) - Mobilehome parks: additional spaces: exemption from additional fees or charges
Version: April 20, 2023 | Policy Vote: HOUSING 11 - 0, GOV. & F. 8 - 0 |
Urgency: No | Mandate: No |
Hearing Date: July 10, 2023 | Consultant: Mark McKenzie |
Bill Summary:
AB 1334 would authorize the owner of an existing mobilehome park to add new spaces to the park, not to exceed 10% of the previously approved number of spaces, under a streamlined process and without paying certain fees, if specified conditions are met.
Fiscal Impact:
- The Department of Housing and Community Development (HCD) estimates costs of approximately $179,000 annually for 1.0 PY of staff to respond to requests for technical assistance and process amendments to existing operating permits to account for the addition of new spaces to a mobilehome park. (General Fund)
Background:
Existing law, the Mobilehome Parks Act (MPA) and Special Occupancy Parks Act (SOPA), specify requirements for the construction, maintenance, occupancy, use, and design of mobilehome parks and special occupancy parks (SOPs, such as RV parks). HCD is responsible for developing regulations and enforcing statutory requirements to ensure the health and safety of residents of these occupancies. Enforcement actions include necessary inspections, permit issuance, and complaint response activities. With HCD’s approval, a city or county can assume enforcement responsibilities of the MPA and SOPA, as well as related regulations, within its jurisdiction. There are currently 4,472 mobilehome parks in the state that contain 387,983 active lots. HCD has enforcement responsibility over 81.6 percent of the parks and 75.7 percent of the individual lots; 70 local enforcement agencies have enforcement responsibilities over the remaining parks and lots. Under the MPA, the owners of mobilehome parks pay an annual fee and obtain a permit to operate from either HCD or the local enforcement agency, and enforcement agencies may suspend an operating permit in the event of substandard conditions at the park, or other MPA violations. Park owners must also obtain permits from enforcement agencies for construction or alterations of a mobilehome park. These permits are separate and distinct from permits that must be obtained from cities and counties for development within a local jurisdiction.
Cities and counties enact zoning ordinances that shape development, and typically zone land for residential, commercial, industrial, or other uses at specific intensities. The practice of zoning special mobilehome park areas, however, is relatively uncommon. Oftentimes, new parks are proposed in areas zoned for other uses and require a discretionary rezone, zoning variance, conditional use permit (CUP), or a special use permit from the local government. This process also typically applies when a park owner wants to add spaces in an existing park that does not conform to the existing land use designation or zoning and, thus, has a zoning variance or CUP. Like most new development projects, a local government may also require a park owner to pay development impact fees on the new proposed spaces.
Proposed Law:
AB 1334 would authorize the owner of an existing mobilehome park to add up to 10% more spaces to the park under a streamlined process and without paying certain fees. Specifically, this bill would:
- Authorize the owner of an existing mobilehome park that is subject to a permit to operate under the Mobilehome Parks Act (MPA), and has not been served with a notice of violation that constitutes an imminent threat to health and safety, to add spaces to the park (for either a new single-family manufactured home, or a duplex manufactured home previously occupied by a single-family mobilehome), not to exceed 10% of the previously approved number of spaces in the mobilehome park, as specified.
- Require the owner of the park, prior to adding any spaces, to apply to the enforcement agency for all permits required by the MPA to increase occupancy of the park.
- Require the enforcement agency, before issuing the permits, to require information to ensure that the additional spaces do not substantially impact the provision of services to the existing or new spaces, including water, sewage, electrical, gas, and other utilities, as specified.
- Exempt the new spaces from any business tax, local registration fee, use permit fee, or other fee, except those that are applicable to existing spaces in the park.
- Authorize a local agency to impose local property taxes, fees for water and sewer services and garbage collection, fees for normal inspections, local bond assessments, and other fees, charges, and assessments that apply to existing spaces in the park.
- Deem the new spaces to be compliant with the zoning and land use approvals of the existing mobilehome park, including any special use permit, and specify that, for purposes of local ordinances, added spaces would not be deemed a use that differs from the park’s existing land use approvals.
- Prohibit the enforcement agency, city, or county from requiring a conditional use permit, zoning variance, or other zoning approval for any added spaces.
Related Legislation:
AB 318 (Addis), which is currently pending in this Committee, would extend the sunset date of the Mobilehome Residency Law Protection Program (MRLPP) for three years, from January 1, 2024 to January 1, 2027, and make several changes to the program.
AB 319 (Connolly), which is currently pending in this Committee, would extend the sunset date on the Mobilehome Park Maintenance (MPM) inspection program, and the associated $4 fee, to January 1, 2025, and make changes to how mobilehome park inspectors report conflicts-of-interest to HCD.
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SENATE COMMITTEE ON GOVERNANCE AND FINANCE
Senator Anna M. Caballero, Chair
2023 - 2024 Regular
Bill No: | AB 1334 | Hearing Date: | 6/28/23 |
Author: | Pellerin | Tax Levy: | No |
Version: | 4/20/23 | Fiscal: | Yes |
Consultant: | Goldberg | ||
Mobilehome parks: additional spaces: exemption from additional fees or charges
Creates a streamlined process for a mobilehome park owner to add new spaces to the park and precludes local governments from charging certain fees if certain conditions are met.
Background
More than 700,000 people live in California's approximately 4,700 mobilehome parks, though “mobile” is somewhat of a misnomer given that at $2,000-$20,000, it is often cost prohibitive to relocate these homes. A mobilehome owner whose home is located in a mobilehome park does not own the land the unit sits on, and must pay rent and fees for the land and any community spaces.
The California Department of Housing & Community Development (HCD) regulates mobilehome parks under the Mobilehome Parks Act (MPA) to protect the health, safety, and general welfare of all mobilehome park residents. Local governments can choose to take on the responsibility of enforcing the MPA and mobilehome park owners have to pay an annual fee and obtain a permit to operate from either HCD or the local government. The permits required by HCD for things such as construction, alteration, electrical, or operating permits, are different than the land use permits or zoning approvals for the park site or expansion the local government is responsible for issuing.
Cities and counties enact zoning ordinances that shape development, such as setting maximum heights and densities for housing units, setbacks to preserve privacy, lot coverage ratios to increase open space, and others. Through this authority, they can zone for residential, commercial, industrial, or other areas at specific intensities, and can even zone areas where they specifically designate mobilehome parks may be built or operate. For example, San Mateo County adopted a “Mobilehome Park Zoning District” ordinance in 2017 to govern how and where mobilehome parks can exist and to change the general plan land use designation of six existing parks operating in the county.
The practice of zoning special mobilehome park areas is relatively uncommon, so new parks in areas zoned for other uses would require a discretionary rezone, zoning variance, conditional use permit (CUP), and/or a special use permit from the local government. This also happens when a park wants to add spaces but does not conform to the existing land use designation or zoning In both cases, the local government often requires the owner to pay development impact fees on the new proposed spaces, which in one example provided by the bill’s supporters, amounted to $50,000 per new space.
The author wants to create a streamlined process to let an existing mobilehome park increase the number of units by 10% without requiring a CUP or zoning variance, and prohibit a local government from charging impact or permit fees for those spaces.
Proposed Law
Assembly Bill 1334 authorizes an owner of an existing mobilehome park to add either of the following types of spaces to the mobilehome park, not to exceed 10% of the previously approved number of spaces:
- A space for a single-family manufactured home;
- A duplex multifamily manufactured home on a space previously occupied by a single-family mobilehome or manufactured home; or
- Any combination of spaces under the first two bullets.
The park owner must apply to the enforcement agency for all permits required by the MPA to increase the occupancy in the park before adding any spaces.
Before this expansion would be allowed, the park owner would have to demonstrate to HCD or the local enforcement agency the additional spaces would not substantially impact the ability to provide water, sewer, electrical, or other utility services to the existing park residents or to the new spaces. In addition, while permitting fees would be limited to those applicable to the existing spaces, the bill allows a local agency to impose local property taxes, fees for utility services, inspection fees, and other assessments that generally apply to the existing spaces in the park.
Any spaces added under this bill would not be subject to any business tax, local registration fee, use permit fee, or other fee beyond those that apply to existing spaces in the park. Local agencies could impose local property taxes, fees for water and sewer services and garbage collection, fees for normal inspections, local bond assessments, and other fees, charges, and assessments that apply to the existing spaces in the park.
For the purpose of local ordinances, spaces added under this bill are not deemed a use that differs from the mobilehome park’s existing land use approvals and comply with the zoning and land use approvals of the existing mobilehome park, including any special use permit. The local enforcement agency, city, or county would be precluded from requiring a CUP, zoning variance, or other zoning approval for any spaces added under this bill.
State Revenue Impact
No estimate.
Comments
1. Purpose of the bill. According to the author, “Mobilehome parks provide hundreds of thousands of housing units, often at more affordable prices than other options. However, in some areas local permitting processes and excessive fees charged for adding spaces in existing mobilehome parks – which can reach the tens of thousands of dollars per space being added – make mobilehomes cost-prohibitive. These disincentives make it far less likely that the potential for mobilehome parks to assist in increasing the state’s housing stock will be realized.
“AB 1334 allows California’s existing mobilehome park owners to apply to add no more than 10% of the previously approved number of spaces in the mobilehome park for manufactured homes, so long as the additional spaces do not substantially impact the provision of services to the existing or new spaces, including water, sewage, electrical, gas, and other utilities. As was done with ADUs, adding a limited number of spaces to existing mobilehome parks will help increase California’s housing supply on existing residential property.”
2. Hey, we’re not breaking new ground here. According to anecdotal information provided by some of the bill’s supporters, when park owners have wanted to add mobilehome spaces to the park’s existing footprint without impacting the water, sewer, and other utility services, they have been charged fees as if they were asking to add spaces to a parcel of undeveloped land not zoned for this purpose.
This bill says in cases where the park owner is adding no more than 10% of the number of existing spaces to their park, not expanding the footprint, and not having a negative impact on the park’s or local agency’s utilities, no special zoning or permit fees may be charged. Park owners would still have to pay the business tax, local registration fee, use permit fee, or other fees that apply to existing spaces in the park for these new spaces.
On the one hand, under the “home rule” concept, local officials are elected to represent the interests of all of the people they represent and decide what fees to impose to meet the needs of their communities, so is it appropriate for the state to impose a cap or a prohibition on the charging of certain fees? On the other hand, ensuring fairness and equity in terms of how fees are assessed is equally important and this bill attempts to ensure equitable treatment by requiring new mobilehome park residents to pay the same fees as existing mobilehome park residents.
3. Coming and going. The Senate Rules Committee has double referred AB 1334, first to the Senate Housing Committee, where it passed on an 11-0 vote on June 20, 2023, and then to the Senate Governance and Finance Committee.
Assembly Actions
Assembly Housing & Community Development: 8-0
Assembly Appropriations Committee : 15-0
Assembly Floor: 76-0
Support and Opposition
(6/23/23)
Support: California Manufactured Housing Institute (Sponsor)
California Commission on Aging
California YIMBY
Western Manufactured Housing Communities Association
Opposition: None submitted.
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SENATE COMMITTEE ON HOUSING
Senator Scott Wiener, Chair
2023 - 2024 Regular
Bill No: AB 1334 Hearing Date: 6/20/2023
Author: | Pellerin | ||
Version: | 4/20/2023 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Mehgie Tabar | ||
SUBJECT: Mobilehome parks: additional spaces: exemption from additional fees or charges
DIGEST: This bill creates a streamlined process for an owner of an existing mobilehome park to add new spaces to the park, not to exceed 10% of the previously approved number of spaces in the park.
ANALYSIS:
Existing law:
- Defines “manufactured home” to mean a structure that was constructed on or after June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or 40 body feet or more in length in traveling mode, is built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation when connected to the required utilities.”
- Defines “mobilehome” to mean a structure identical to 1) that was constructed prior to June 15, 1976.
- Defines “multifamily manufactured home” to mean a structure transportable under permit in one or more sections that is designed and equipped to contain two dwelling units, or is designed to be used with a foundation system for three or more dwelling units.
- Declares it to be unlawful for any person to do any of the following unless they have a valid permit issued by an enforcement agency:
- Construct a mobilehome park;
- Construct additional buildings or lots, or alter buildings, lots, or other installations in an existing park;
- Operate, occupy, rent, lease, sublease, let out, or hire out for occupancy any lot in a park that has been constructed, reconstructed, or altered without having obtain a permit; or
- Operate a park or any portion thereof.
- Requires applications for a construction permit to be accompanied by a description of the grounds, plans, and specifications of the proposed construction, a description of the water supply and sewage, appropriate fees, and evidence of compliance with all valid local planning, health, utility, and fire requirements.
- Requires the Department of Housing and Community Development (HCD) to establish a schedule of fees relating to all construction, mechanical, electrical, plumbing, and installation permits, which must be paid to the enforcement agency. Requires these fees to be reasonably consistent with specified building codes.
- Requires HCD to issue an operating permit following notification by the local enforcement agency of completion of construction of a new park or additional lots to an existing park. In approving the application for an operating permit, the local enforcement agency authorizes occupancy of the newly constructed facilities.
- Requires the enforcement agency to issue an operating permit for a 12-month period, and forward a copy of each operating permit to HCD. Prohibits an operating permit from being issued for a park where the previous operating permit has been suspended by the enforcement agency until the violations which were the basis for the suspension have been corrected.
- Authorizes an enforcement agency to suspend the operating permit of any person who violates the permit or the Mobilehome Parks Act (MPA), subject to specified notice, timeline, and due process hearing requirements.
This bill:
- Authorizes an owner of an existing mobilehome park who is subject to, or intends to qualify for, a valid permit to operate, as specified, to add either of the following types of spaces to the mobilehome park, not to exceed 10% of the previously approved number of spaces in the park:
- A space for a single-family manufactured home;
- A duplex multifamily manufactured home on a space previously occupied by a single-family mobilehome or manufactured home; or
- Any combination of spaces under a) and b).
- Requires the owner of the park to apply to the enforcement agency for all permits required by the MPA to increase the occupancy in the park before adding any space pursuant to 1).
- Before issuing the permits, requires the enforcement agency to require from the mobilehome park all reasonable information to ensure that the additional spaces do not substantially impact the provision of services to the existing or new spaces, including water, sewage, electrical, gas, and other utilities. Allows the enforcement agency to require evidence of compliance with all local health, utility, and fire requirements, as it deems necessary.
- Provides that spaces added under this bill are not subject to any business tax, local registration fee, use permit fee, or other fee, except those that are applicable to existing spaces in the park.
- Allows a local agency to impose local property taxes, fees for water and sewer services and garbage collection, fees for normal inspections, local bond assessments, and other fees, charges, and assessments that apply to the existing spaces in the park.
- Specifies that, notwithstanding any law, the spaces added under this bill comply with the zoning and land use approvals of the existing mobilehome park, including any special use permit. Provides that, for the purposes of local ordinances, spaces added under this bill are not deemed a use that differs from the mobilehome park’s existing land use approvals.
- Prohibits the enforcement agency, city, or county from requiring a conditional use permit, zoning variance, or other zoning approval for any spaces added under this bill.
COMMENTS:
- Author’s statement. “Mobilehome parks provide hundreds of thousands of housing units, often at more affordable prices than other options. However, in some areas local permitting processes and excessive fees charged for adding spaces in existing mobilehome parks—which can reach the tens of thousands of dollars per space being added—make mobilehomes cost-prohibitive. These disincentives make it far less likely that the potential for mobilehome parks to assist in increasing the state’s housing stock will be realized.
AB 1334 allows California’s existing mobilehome park owners to apply to add no more than 10% of the previously approved number of spaces in the mobilehome park for manufactured homes, so long as the additional spaces do not substantially impact the provision of services to the existing or new spaces, including water, sewage, electrical, gas, and other utilities. As was done with ADUs, adding a limited number of spaces to existing mobilehome parks will help increase California’s housing supply on existing residential property.”
- Background. More than 700,000 people live in California's approximately 4,700 mobilehome parks. Mobilehomes are not truly mobile, in that it is often cost prohibitive to relocate them. The cost to move a mobilehome ranges from $2,000 to upwards of $20,000 depending on the size of the home and the distance traveled. A mobilehome owner whose home is located in a mobilehome park does not own the land the unit sits on, and must pay rent and fees for the land and any community spaces.
- Mobilehome Parks Act. The MPA requires HCD to regulate mobilehome parks to assure protection of the health, safety, and general welfare of all mobilehome park residents. Local agencies have the option of assuming enforcement authority of the MPA within their jurisdiction through agreement with HCD. Among these enforcement duties is performing health and safety inspections of parks. The MPA also requires each mobilehome park to pay an annual fee and obtain a permit to operate from either HCD or the local enforcement agency. Operating permits last for a year and the enforcement agency has the ability to suspend an operating permit in the event of substandard conditions at the park or other violations of the MPA.
HCD’s website lays out the required steps a park owner must take when seeking either to construct a new mobilehome park or to construct additional spaces or facilities within an existing park.
- Local Land Use Approvals. The permits required by HCD (e.g., construction, alteration, electrical, or operating permits) are distinct from the local government’s land use permits or zoning approvals for the park site or expansion, referenced in the first bullet above. The California Constitution provides cities and counties the authority to regulate behavior to preserve the health, safety, and welfare of the public. This provision – commonly called the police power – gives cities and counties broad authority to regulate land use and other matters, provided that the local policy is “not in conflict with general laws.”
Cities and counties use their police power to enact zoning ordinances that shape development, such as setting maximum heights and densities for housing units, setbacks to preserve privacy, lot coverage ratios to increase open space, and others. Through this authority, they can zone for residential, commercial, industrial, or other areas at specific intensities, and can even zone areas where they specifically designate mobilehome parks may be built or operate. For example, the County of San Mateo in 2017 adopted a “Mobilehome Park Zoning District” ordinance to govern how and where mobilehome parks can exist and to change the general plan land use designation of six existing parks already operating in the county. Prior to the adoption of the county ordinance, those six existing parks had various general plan land use designations ranging from “High Density Residential” to “General Industrial” to “Industrial Mixed Use” and others, and their zoning was largely commercial.
The practice of zoning special mobilehome park areas is relatively uncommon, so new parks in areas zoned for other uses would require a discretionary rezone, zoning variance, conditional use permit (CUP), and/or a special use permit from the local government. This is also the case in instances where an existing park wants to add spaces but does not conform to the existing land use designation or zoning (i.e., the park has been granted permission to operate via a zoning variance or CUP, or the zoning ordinance conforms to the existing use but with specific intensity restrictions or other requirements). Like most new development, the local government also often requires the owner to pay development impact fees on the new proposed spaces, which in one example provided by the bill’s supporters, equals $50,000 per new space.
This bill would create a streamlined process allowing an existing park to increase the number of units by 10% without requiring a CUP or zoning variance, and would prohibit a local government from charging impact or permit fees for those spaces. Before this expansion would be allowed, the parkowner would have to demonstrate to HCD or the local enforcement agency that the additional spaces would not substantially impact the provision of water, sewer, electrical, or other utility services to the existing park residents or to the new spaces. In addition, while permitting fees would be capped to those applicable to the existing spaces, the bill provides that a local agency can still impose local property taxes, fees for utility services, inspection fees, and other assessments that generally apply to the existing spaces in the park.
- Double-referral. This bill is also referred to the Senate Governance and Finance Committee.
Related Legislation:
AB 318 (Addis, 2023) — extends by three years the Mobilehome Residency Law Protection Act. This bill is also being heard at this hearing.
AB 319 (Connolly, 2023) — extends the Mobilehome Park Maintenance program by one year and makes changes to how inspectors must report conflicts of interest. This bill is also being heard at this hearing.
AB 604 (Lee, 2023) — applies existing rules regarding mobilehome park management’s separate billing of water service provided via submeter to mobilehome parks whose water service is subject to the jurisdiction, control, or regulation of the CPUC, and makes other changes. This bill is waiting to be heard in the Senate Judiciary Committee.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
POSITIONS: (Communicated to the committee before noon on Wednesday,
June 14, 2023.)
SUPPORT:
California Manufactured Housing Institute (Sponsor)
California YIMBY
Western Manufactured Housing Communities Association
OPPOSITION:
None received.
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 1334
Author:(Pellerin)
As Amended Ver:April 20, 2023
Majority vote
SUMMARY
Creates a streamlined process for an owner of an existing mobilehome park to add new spaces to the park, not to exceed 10% of the previously approved number of spaces in the park.
Major Provisions
- Authorizes an owner of an existing mobilehome park who is subject to, or intends to qualify for, a valid permit to operate issued pursuant to the Mobilehome Parks Act (MPA), and who has not been issued a notice of a code violation that constitutes an imminent threat to health and safety, to add either of the following types of spaces to the mobilehome park, not to exceed 10% of the previously approved number of spaces in the park:
- A space for a single-family manufactured home;
- A duplex multifamily manufactured home on a space previously occupied by a single-family mobilehome or manufactured home; or
- Any combination of spaces under a) and b).
- Requires the owner of the park to apply to the enforcement agency for all permits required by the MPA to increase the occupancy in the park before adding any space pursuant to 1).
- Before issuing the permits, requires the enforcement agency to require from the mobilehome park all reasonable information to ensure that the additional spaces do not substantially impact the provision of services to the existing or new spaces, including water, sewage, electrical, gas, and other utilities. Allows the enforcement agency to require evidence of compliance with all local health, utility, and fire requirements, as it deems necessary.
- Provides that spaces added under this bill are not subject to any business tax, local registration fee, use permit fee, or other fee, except those that are applicable to existing spaces in the park.
- Allows a local agency to impose local property taxes, fees for water and sewer services and garbage collection, fees for normal inspections, local bond assessments, and other fees, charges, and assessments that apply to the existing spaces in the park.
- Specifies that, notwithstanding any law, the spaces added under this bill comply with the zoning and land use approvals of the existing mobilehome park, including any special use permit. Provides that, for the purposes of local ordinances, spaces added under this bill are not deemed a use that differs from the mobilehome park’s existing land use approvals.
- Prohibits the enforcement agency, city, or county from requiring a conditional use permit, zoning variance, or other zoning approval for any spaces added under this bill.
COMMENTS
Background: More than 700,000 people live in California's approximately 4,700 mobilehome parks. Mobilehomes are not truly mobile, in that it is often cost prohibitive to relocate them. The cost to move a mobilehome ranges from $2,000 to upwards of $20,000 depending on the size of the home and the distance traveled. A mobilehome owner whose home is located in a mobilehome park does not own the land the unit sits on, and must pay rent and fees for the land and any community spaces.
Mobilehome Parks Act: The MPA requires HCD to regulate mobilehome parks to assure protection of the health, safety, and general welfare of all mobilehome park residents. Local agencies have the option of assuming enforcement authority of the MPA within their jurisdiction through agreement with HCD. Among these enforcement duties is performing health and safety inspections of parks. The MPA also requires each mobilehome park to pay an annual fee and obtain a permit to operate from either HCD or the local enforcement agency. Operating permits last for a year and the enforcement agency has the ability to suspend an operating permit in the event of substandard conditions at the park or other violations of the MPA.
HCD’s website lays out the required steps a park owner must take when seeking either to construct a new mobilehome park or to construct additional spaces or facilities within an existing park: “A construction permit is required when developing a new mobilehome park or special occupancy park or constructing additional spaces and/or facilities within an existing park. The following local government approvals and utility agency ‘will serve’ letters must accompany all park construction project permit applications:
- Written approval or a conditional use permit from the local planning agency. [HSC 18501(e)]
- Environmental impact reports, recommendations, and approval from the reviewing agency, normally the local planning department. [California Code of Regulations, title 25, section 1030]
- Permit from the Coastal Commission for developments within the permit area of a coastal zone.
- Written approval or stamp of approval from the local health department on all plans relating to water supply and method of sewage disposal. [HSC 18501(e)]
- Written approval or stamp of approval on all plans relating to fire protection provided in the mobilehome park from the local fire department. [HSC 18501(e) and California Code of Regulations, title 25, section 1032]
- Written approval or stamp of approval on all plans relating to the park surface or subsurface drainage systems from the local public works department, engineering department, flood control agency, or water quality control board. [HSC 18501(e)]
- Written approval or stamp of approval on all plans relating to park grading, pad elevation certificates, and storm water pollution prevention plans (SWPPPs) from the local building or engineering department. [HSC 18501(e)]
- Contact local water agencies and public utilities for availability of planned services. Provide letters stating services will be provided. [HSC n 18501(e)]
Note: The required written approvals may be in letter form issued by the agency having authority to grant such an approval or simply a signature on the affected plans by the approving agency's authorized agent.”
Local Land Use Approvals: The permits required by HCD – construction, alteration, electrical, or operating permits, for example – are distinct from the local government’s land use permits or zoning approvals for the park site or expansion, referenced in the first bullet above. The California Constitution provides cities and counties the authority to regulate behavior to preserve the health, safety, and welfare of the public. This provision – commonly called the police power – gives cities and counties broad authority to regulate land use and other matters, provided that the local policy is “not in conflict with general laws.”
Cities and counties use their police power to enact zoning ordinances that shape development, such as setting maximum heights and densities for housing units, setbacks to preserve privacy, lot coverage ratios to increase open space, and others. Through this authority, they can zone for residential, commercial, industrial, or other areas at specific intensities, and can even zone areas where they specifically designate mobilehome parks may be built or operate. For example, the County of San Mateo in 2017 adopted a “Mobilehome Park Zoning District” ordinance to govern how and where mobilehome parks can exist and to change the general plan land use designation of six existing parks already operating in the county. Prior to the adoption of the county ordinance, those six existing parks had various general plan land use designations ranging from “High Density Residential” to “General Industrial” to “Industrial Mixed Use” and others, and their zoning was largely commercial.
The practice of zoning special mobilehome park areas is relatively uncommon, so new parks in areas zoned for other uses would require a discretionary rezone, zoning variance, conditional use permit (CUP), and/or a special use permit from the local government. This is also the case in instances where an existing park wants to add spaces but does not conform to the existing land use designation or zoning (i.e., the park has been granted permission to operate via a zoning variance or CUP, or the zoning ordinance conforms to the existing use but with specific intensity restrictions or other requirements). Like most new development, the local government also often requires the owner to pay development impact fees on the new proposed spaces, which in one example provided by the bill’s supporters equals $50,000 per new space.
This bill would create a streamlined process allowing an existing park to increase the number of unity by 10% without requiring a CUP or zoning variance, and would prohibit a local government from charging impact or permit fees for those spaces. Before this expansion would be allowed, the parkowner would have to demonstrate to HCD or the local enforcement agency that the additional spaces would not substantially impact the provision of water, sewer, electrical, or other utility services to the existing park residents or to the new spaces. In addition, while permitting fees would be capped to those applicable to the existing spaces, the bill provides that a local agency can still impose local property taxes, fees for utility services, inspection fees, and other assessments that generally apply to the existing spaces in the park.
According to the Author
"Mobilehome parks provide hundreds of thousands of housing units, often at more affordable prices than other options. However, in some areas local permitting processes and excessive fees charged for adding spaces in existing mobilehome parks – which can reach the tens of thousands of dollars per space being added –make mobilehomes cost-prohibitive. These disincentives make it far less likely that the potential for mobilehome parks to assist in increasing the state’s housing stock will be realized.
AB 1334 allows California’s existing mobilehome park owners to apply to add no more than 10% of the previously approved number of spaces in the mobilehome park for either a single-family manufactured home or a duplex multifamily manufactured home, so long as the additional spaces do not substantially impact the provision of services to the existing or new spaces, including water, sewage, electrical, gas, and other utilities. As with ADUs, adding a limited number of spaces to existing mobilehome parks will help increase California’s housing supply on existing residential property."
Arguments in Support
According to the California Manufactured Housing Institute, the sponsor, "The Legislature passed several bills over the last few years to incentivize adding accessory dwelling units on existing residential parcels to address [the state’s] housing shortage, and AB 1334 follows a similar model, incentivizing existing mobilehome parks to make modest expansions. Mobilehome parks already provide hundreds of thousands of housing units in the state and these options are often more affordable than other forms of housing. However, in some areas local permitting processes, excessive development fees, and other administrative burdens can drive the cost of increasing the number [of] spaces so high that doing so is not a viable option. Just as California has taken on streamlining the process for other types of housing, this legislation takes the same approach for either single-family or duplex multifamily manufactured housing, while including important safeguards to maintain the quality of life and level of services provided to residents."
Arguments in Opposition
None on file.
FISCAL COMMENTS
According to the Assembly Committee on Appropriations: Ongoing General Fund costs of $179,000, annually to the California Department of Housing and Community Development (HCD) for one position to respond to technical assistance, process additional permit to operate amendments, and perform related work.
VOTES
ASM HOUSING AND COMMUNITY DEVELOPMENT: 8-0-0
YES: Wicks, Joe Patterson, Wendy Carrillo, Zbur, Kalra, Quirk-Silva, Sanchez, Ward
ASM APPROPRIATIONS: 15-0-1
YES: Holden, Megan Dahle, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Hart, Lowenthal, Mathis, Papan, Pellerin, Sanchez, Weber, Ortega
ABS, ABST OR NV: Robert Rivas
UPDATED
VERSION: April 20, 2023
CONSULTANT: Nicole Restmeyer / H. & C.D. / (916) 319-2085 FN: 0000481
Date of Hearing: May 3, 2023
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Chris Holden, Chair
ABPCA Bill Id:AB 1334
Author:(Pellerin) – As Amended Ver:April 20, 2023
Policy Committee: | Housing and Community Development | Vote: | 8 - 0 |
|
| ||
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill authorizes an owner of an existing mobilehome park to add new spaces to the park, not to exceed 10% of the previously approved number of spaces in the park.
Specifically, this bill:
- Authorizes an owner of an existing mobilehome park who is subject to, or intends to qualify for, a valid permit to operate issued pursuant to the Mobilehome Parks Act (MPA), and has not been served with a notice of violation that constitutes an imminent threat to health and safety, to add either a space for a single-family manufactured home, a duplex multifamily manufactured home on a space previously occupied by a single-family mobilehome or manufactured home, or a combination of both, not to exceed 10% of the previously approved number of spaces in the park
- Requires the owner of the park to apply to the enforcement agency for all permits required by the MPA to increase the occupancy in the park, and before issuing the permits, requires the enforcement agency to require from the mobilehome park all reasonable information to ensure that the additional spaces do not substantially impact the provision of services to the existing or new spaces, including water, sewage, electrical, gas, and other utilities.
- Exempts the additional spaces from any business tax, local registration fee, use permit fee, or other fee, except those fees that apply to the existing spaces in the park.
- Pursuant to 3), allows a local agency to impose local property taxes, fees for water and sewer services and garbage collection, fees for normal inspections, local bond assessments, and other fees, charges, and assessments that apply to the existing spaces in the park.
- Specifies the spaces added under this bill comply with the zoning and land use approvals of the existing mobilehome park, including any special use permit. Provides that, for the purposes of local ordinances, spaces added under this bill are not deemed a use that differs from the mobilehome park’s existing land use approvals.
- Prohibits the enforcement agency, city, or county from requiring a conditional use permit, zoning variance, or other zoning approval for any spaces added under this bill, thus exempting those projects from the California Environmental Quality Act (CEQA).
FISCAL EFFECT:
Ongoing General Fund costs of $179,000, annually to the California Department of Housing and Community Development (HCD) for one position to respond to technical assistance, process additional permit to operate amendments, and perform related work.
COMMENTS:
- Purpose. The author of this bill seeks to increase the supply of affordable housing by creating a streamlined process for approving new spaces in mobilehome parks, capped at 10% of existing park spaces. According to the author:
Mobilehome parks provide hundreds of thousands of housing units, often at more affordable prices than other options. However, in some areas local permitting processes and excessive fees charged for adding spaces in existing mobilehome parks make mobilehomes cost-prohibitive. These disincentives make it far less likely that the potential for mobilehome parks to assist in increasing the state’s housing stock will be realized. As with ADUs, adding a limited number of spaces to existing mobilehome parks will help increase California’s housing supply on existing residential property.
- Background. The Mobilehome Parks Act (MPA) requires HCD to regulate mobilehome parks to assure protection of the health, safety, and general welfare of all mobilehome park residents. Local agencies have the option of assuming enforcement authority of the MPA within their jurisdiction through agreement with HCD. The MPA also requires each mobilehome park to pay an annual fee and obtain an annual permit to operate. The enforcement agency has the ability to suspend an operating permit in the event of substandard conditions at the park or other violations of the MPA. More than 700,000 people live in California's approximately 4,500 mobilehome parks. A mobilehome owner whose home is located in a mobilehome park does not own the land the unit sits on, and must pay rent and fees for the land and any community spaces.
Cities and counties zone their land for residential, commercial, industrial, or other uses at specific intensities. The practice of zoning special mobilehome park areas, however, is relatively uncommon. More often, new parks are proposed in areas zoned for other uses and require a discretionary rezone, zoning variance, conditional use permit (CUP), or a special use permit from the local government. This is also true when a park owner wants to add spaces in an existing park that does not conform to the existing land use designation or zoning and, thus, has a zoning variance or CUP. A local government can also require a park owner to pay development impact fees on the new proposed spaces, which, anecdotally, can be in the tens-of-thousands of dollars per new space.
This bill creates a streamlined process allowing an existing park to increase the number of units by 10% without requiring a CUP or zoning variance, and would prohibit a local government from charging impact or permit fees for those spaces. Before this expansion is allowed, the parkowner must demonstrate to HCD or the local enforcement agency that the additional spaces would not substantially impact the provision of utility services to the existing park residents or to the new spaces. In addition, while permitting fees would be capped to those applicable to the existing spaces, the bill allows a local agency to impose local property taxes and fees that generally apply to the existing spaces in the park.
- Related Legislation. AB 318 (Addis) extends by three years the Mobilehome Residency Law Protection Act. AB 318 is pending before this committee.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
Date of Hearing: April 19, 2023
ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT
Buffy Wicks, Chair
ABPCA Bill Id:AB 1334 (
Author:Pellerin) – As Introduced Ver:February 16, 2023
SUBJECT: Mobilehome parks: additional spaces: exemption from additional fees or charges
SUMMARY: Authorizes an owner of an existing mobilehome park to add new spaces to the park, not to exceed 10 percent of the previously approved number of spaces in the park. Specifically, this bill:
- Authorizes an owner of an existing mobilehome park who is subject to, or intends to qualify for, a valid permit to operate issued pursuant to the Mobilehome Parks Act (MPA), to add either of the following types of spaces to the mobilehome park, not to exceed 10 percent of the previously approved number of spaces in the park:
- A space for a single-family manufactured home;
- A duplex multifamily manufactured home on a space previously occupied by a single-family mobilehome or manufactured home; or
- Any combination of spaces under a) and b).
- Requires the owner of the park to apply to the enforcement agency for all permits required by the MPA to increase the occupancy in the park before adding any space pursuant to 1).
- Before issuing the permits, requires the enforcement agency to require from the mobilehome park all reasonable information to ensure that the additional spaces do not substantially impact the provision of services to the existing or new spaces, including water, sewage, electrical, gas, and other utilities. Allows the enforcement agency to require evidence of compliance with all local health, utility, and fire requirements, as it deems necessary.
- Provides that spaces added under this bill are not subject to any business tax, local registration fee, use permit fee, or other fee, except those that are applicable to existing spaces in the park.
- Allows a local agency to impose local property taxes, fees for water services and garbage collection, fees for normal inspections, local bond assessments, and other fees, charges, and assessments that apply to the existing spaces in the park.
- Specifies that, notwithstanding any law, the spaces added under this bill comply with the zoning and land use approvals of the existing mobilehome park, including any special use permit. Provides that, for the purposes of local ordinances, spaces added under this bill are not deemed a use that differs from the mobilehome park’s existing land use approvals.
- Prohibits the enforcement agency, city, or county from requiring a conditional use permit, zoning variance, or other zoning approval for any spaces added under this bill.
EXISTING LAW:
- Defines “manufactured home” to mean a structure that was constructed on or after June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or 40 body feet or more in length in traveling mode, is built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation when connected to the required utilities.” (Health and Safety Code (HSC) Section 18007)
- Defines “mobilehome” to mean a structure identical to 1) that was constructed prior to June 15, 1976. (HSC 18008)
- Defines “multifamily manufactured home” to mean a structure transportable under permit in one or more sections that is designed and equipped to contain two dwelling units, or is designed to be used with a foundation system for three or more dwelling units. (HSC 18008.7)
- Declares it to be unlawful for any person to do any of the following unless they have a valid permit issued by an enforcement agency:
- Construct a mobilehome park;
- Construct additional buildings or lots, or alter buildings, lots, or other installations in an existing park;
- Operate, occupy, rent, lease, sublease, let out, or hire out for occupancy any lot in a park that has been constructed, reconstructed, or altered without having obtain a permit; or
- Operate a park or any portion thereof. (Health and Safety Code (HSC) Section 18500)
- Requires applications for a construction permit to be accompanied by a description of the grounds, plans and specifications of the proposed construction, a description of the water supply and sewage, appropriate fees, and evidence of compliance with all valid local planning, health, utility, and fire requirements. (HSC 18501)
- Requires the Department of Housing and Community Development (HCD) to establish a schedule of fees relating to all construction, mechanical, electrical, plumbing, and installation permits, which must be paid to the enforcement agency. Requires these fees to be reasonably consistent with specified building codes. (HSC 18503)
- Requires HCD to issue an operating permit following notification by the local enforcement agency of completion of construction of a new park or additional lots to an existing park. In approving the application for an operating permit, the local enforcement agency authorizes occupancy of the newly constructed facilities. (HSC 18505)
- Requires the enforcement agency to issue an operating permit for a 12-month period, and forward a copy of each operating permit to HCD. Prohibits an operating permit from being issued for a park where the previous operating permit has been suspended by the enforcement agency until the violations which were the basis for the suspension have been corrected. (HSC 18506)
- Authorizes an enforcement agency to suspend the operating permit of any person who violates the permit or the MPA, subject to specified notice, timeline, and due process hearing requirements. (HSC 18510-18518)
FISCAL EFFECT: Unknown.
COMMENTS:
Author’s Statement: According to the author, “Mobilehome parks provide hundreds of thousands of housing units, often at more affordable prices than other options. However, in some areas local permitting processes and excessive fees charged for adding spaces in existing mobilehome parks – which can reach the tens of thousands of dollars per space being added –make mobilehomes cost-prohibitive. These disincentives make it far less likely that the potential for mobilehome parks to assist in increasing the state’s housing stock will be realized.
AB 1334 allows California’s existing mobilehome park owners to apply to add no more than 10% of the previously approved number of spaces in the mobilehome park for either a single-family manufactured home or a duplex multifamily manufactured home, so long as the additional spaces do not substantially impact the provision of services to the existing or new spaces, including water, sewage, electrical, gas, and other utilities. As with ADUs, adding a limited number of spaces to existing mobilehome parks will help increase California’s housing supply on existing residential property.”
Background: More than 700,000 people live in California's approximately 4,700 mobilehome parks. Mobilehomes are not truly mobile, in that it is often cost prohibitive to relocate them. The cost to move a mobilehome ranges from $2,000 to upwards of $20,000 depending on the size of the home and the distance traveled. A mobilehome owner whose home is located in a mobilehome park does not own the land the unit sits on, and must pay rent and fees for the land and any community spaces.
Mobilehome Parks Act: The MPA requires HCD to regulate mobilehome parks to assure protection of the health, safety, and general welfare of all mobilehome park residents. Local agencies have the option of assuming enforcement authority of the MPA within their jurisdiction through agreement with HCD. Among these enforcement duties is performing health and safety inspections of parks.
The MPA also requires each mobilehome park to pay an annual fee and obtain a permit to operate from either HCD or the local enforcement agency. Operating permits last for a year and the enforcement agency has the ability to suspend an operating permit in the event of substandard conditions at the park or other violations of the MPA.
HCD’s website lays out the required steps a park owner must take when seeking either to construct a new mobilehome park or to construct additional spaces or facilities within an existing park:
“A construction permit is required when developing a new mobilehome park or special occupancy park or constructing additional spaces and/or facilities within an existing park. The following local government approvals and utility agency ‘will serve’ letters must accompany all park construction project permit applications:
- Written approval or a conditional use permit from the local planning agency. [HSC 18501(e)]
- Environmental impact reports, recommendations, and approval from the reviewing agency, normally the local planning department. [California Code of Regulations, title 25, section 1030]
- Permit from the Coastal Commission for developments within the permit area of a coastal zone.
- Written approval or stamp of approval from the local health department on all plans relating to water supply and method of sewage disposal. [HSC 18501(e)]
- Written approval or stamp of approval on all plans relating to fire protection provided in the mobilehome park from the local fire department. [HSC 18501(e) and California Code of Regulations, title 25, section 1032]
- Written approval or stamp of approval on all plans relating to the park surface or subsurface drainage systems from the local public works department, engineering department, flood control agency, or water quality control board. [HSC 18501(e)]
- Written approval or stamp of approval on all plans relating to park grading, pad elevation certificates, and storm water pollution prevention plans (SWPPPs) from the local building or engineering department. [HSC 18501(e)]
- Contact local water agencies and public utilities for availability of planned services. Provide letters stating services will be provided. [HSC n 18501(e)]
Note: The required written approvals may be in letter form issued by the agency having authority to grant such an approval or simply a signature on the affected plans by the approving agency's authorized agent.”[1]
Local Land Use Approvals: The permits required by HCD – construction, alteration, electrical, or operating permits, for example – are distinct from the local government’s land use permits or zoning approvals for the park site or expansion, referenced in the first bullet above. The California Constitution provides cities and counties the authority to regulate behavior to preserve the health, safety, and welfare of the public. This provision – commonly called the police power – gives cities and counties broad authority to regulate land use and other matters, provided that the local policy is “not in conflict with general laws.”
Cities and counties use their police power to enact zoning ordinances that shape development, such as setting maximum heights and densities for housing units, setbacks to preserve privacy, lot coverage ratios to increase open space, and others. Through this authority, they can zone for residential, commercial, industrial, or other areas at specific intensities, and can even zone areas where they specifically designate mobilehome parks may be built or operate. For example, the County of San Mateo in 2017 adopted a “Mobilehome Park Zoning District” ordinance to govern how and where mobilehome parks can exist and to change the general plan land use designation of six existing parks already operating in the county. Prior to the adoption of the county ordinance, those six existing parks had various general plan land use designations ranging from “High Density Residential” to “General Industrial” to “Industrial Mixed Use” and others, and their zoning was largely commercial.[2]
The practice of zoning special mobilehome park areas is relatively uncommon, so new parks in areas zoned for other uses would require a discretionary rezone, zoning variance, conditional use permit (CUP), and/or a special use permit from the local government. This is also the case in instances where an existing park wants to add spaces but does not conform to the existing land use designation or zoning (i.e., the park has been granted permission to operate via a zoning variance or CUP, or the zoning ordinance conforms to the existing use but with specific intensity restrictions or other requirements). Like most new development, the local government also often requires the owner to pay development impact fees on the new proposed spaces, which in one example provided by the bill’s supporters equals $50,000 per new space.
This bill would create a streamlined process allowing an existing park to increase the number of unity by 10 percent without requiring a CUP or zoning variance, and would prohibit a local government from charging impact or permit fees for those spaces. Before this expansion would be allowed, the parkowner would have to demonstrate to HCD or the local enforcement agency that the additional spaces would not substantially impact the provision of water, sewer, electrical, or other utility services to the existing park residents or to the new spaces. In addition, while permitting fees would be capped to those applicable to the existing spaces, the bill provides that a local agency can still impose local property taxes, fees for utility services, inspection fees, and other assessments that generally apply to the existing spaces in the park.
Arguments in Support: According to the California Manufactured Housing Institute, the sponsor, “The Legislature passed several bills over the last few years to incentivize adding accessory dwelling units on existing residential parcels to address [the state’s] housing shortage, and AB 1334 follows a similar model, incentivizing existing mobilehome parks to make modest expansions. Mobilehome parks already provide hundreds of thousands of housing units in the state and these options are often more affordable than other forms of housing. However, in some areas local permitting processes, excessive development fees, and other administrative burdens can drive the cost of increasing the number [of] spaces so high that doing so is not a viable option. Just as California has taken on streamlining the process for other types of housing, this legislation takes the same approach for either single-family or duplex multifamily manufactured housing, while including important safeguards to maintain the quality of life and level of services provided to residents.”
Arguments in Opposition: None on file.
Committee Amendments: Staff recommends the bill be amended to clarify that a parkowner who has been served a notice of violation of the MPA for issues that constitute an imminent threat to health and safety under HSC 18420(a)(2) cannot avail themselves of the approval process in this bill, to ensure that unscrupulous parkowners or those with poorly maintained parks do not have the ability to expand their parks before addressing those health and safety conditions.
Staff also recommends an amendment to HSC 18308(c)(2) to clarify that a local agency may also impose sewer fees on the new spaces so long as those fees also apply to existing park spaces.
Related Legislation:
AB 318 (Addis) of the current legislative session extends by three years the Mobilehome Residency Law Protection Act. AB 318 passed out of this committee on a 6-2 vote and is pending before the Assembly Appropriations Committee.
AB 319 (Connolly) of the current legislative session extends by one year the Mobilehome Park Maintenance program and makes changes to how inspectors must report conflicts of interest. AB 319 passed out of this committee on an 8-0 vote and is pending before the Assembly Appropriations Committee.
AB 604 (Lee) of the current legislative session applies existing rules regarding mobilehome park management’s separate billing of water service provided via submeter to mobilehome parks whose water service is subject to the jurisdiction, control, or regulation of the CPUC, and makes other changes. AB 604 passed out of this committee on a 6-2 vote and is pending before the Assembly Appropriations Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
California Manufactured Housing Institute (Sponsor)
California YIMBY
Western Manufactured Housing Communities Association
Opposition
None on file.
Analysis Prepared by: Nicole Restmeyer / H. & C.D. / (916) 319-2085
Discussed in Hearing
Assembly Floor
Assembly Standing Committee on Housing and Community Development
Bill Author
Bill Co-Author(s):