Mobile & Manufacture HomeStatutory Provisions Governing Preemption

VALIDITY OF LOCAL ORDINANCES RELATING TO

INSTALLATION OF NEW MANUFACTURED HOMES AND/OR

SALE OR CONVERSION OF MOBILEHOME PARKS

Part 2 

Statutory Provisions Governing Preemption

California courts have established guidelines for when local ordinances are preempted by state law.

The general rule is that, if an otherwise valid local ordinances conflicts with preemptive state law, it is invalid. A “conflict” exists if an ordinance “duplicates, contradicts, or enters an area fully occupied by state law, either expressly or by implication”.

In addition, preemption is implied if the area is so fully covered by state law as to indicate it is exclusively a matter of state concern; it is partially covered by state law but the state coverage indicates that a paramount state concern will not allow additional local action; or there is partial state coverage but the adverse effect of a local ordinance on state residents outweighs the possible benefit to the locality.

The MPA contains an express preemption, with minimal express authority for local ordinances. In addition, the Legislature’s findings support its intent to allow only very restrictive authority for local government action within the boundaries of a mobilehome park.

In the MPA, subdivision (a) of H&SC section 18300 provides that “the MPA and HCD regulations apply to all parts of the state and supersede any ordinance enacted by any city, county, or city and county, whether general law or chartered, affecting parks.”

Subdivision (g) and (h) of section 18300 provide the limited specific exceptions to the general state preemption, stating that the MPA does not preclude local governments, within the reasonable exercise of their police powers, from doing any of the following:

* Enacting certain zones for mobilehome parks within the jurisdiction, or establishing types of uses and locations such as senior mobilehome parks, mobilehome condominiums, or mobilehome subdivisions within the jurisdiction. [subdivision (g)(1)]

* Adopting ordinances, rules, regulations or resolutions prescribing park perimeter walls or enclosures on public street frontage, signs, access, and vehicle parking; or prescribing the prohibition of certain uses for mobilehome parks. [subdivision (g)(1), emphasis added]

* Regulating the construction and use of equipment and facilities located outside of a manufactured home or mobilehome used to supply gas, water, or electricity thereto or to dispose of sewage when the facilities are located outside a park. [subdivision (g)(2), emphasis added].

* Requiring a permit to use a manufactured home or mobilehome outside a park which permit may be refused or revoked if the use violates the MPA or the Manufactured Housing Act. [subdivision (g)(3), emphasis added.]

* Requiring a local building permit to construct an accessory structure for a manufactured home or mobilehome when the manufactured home or mobilehome is located outside a mobilehome park,. [subdivision (g)(4), emphasis added]

* Prescribing and enforcing setback and separation requirements governing manufactured home, mobilehome, or mobilehome accessory structure or building installation outside of a mobilehome park. [subdivision (g)(5), emphasis added]

Other provisions directly addressing preemptive authority include H&SC sections 18253, 18400.1, 18605, 18610, and 25 CA Code of Regulations (CCR), section 1000. 

Call On Us Anytime To BE Your

Go To Guys

For Information & Knowledge about

MANUFACTURED  HOMES

 800 909-1110

JOHN ARENDSEN 760 815-6977

onthelevel@cox.net

 Scott Arendsen 760 415-1923

scottarendsen@mac.com 

 JANIS ARENDSEN 760 415-1982

 janlinden@mac.com