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Local Ordinance Provision Preempted In Manufactured Home Communities

By John DL Arendsen

Real Estate Broker/Owner with CREST "BACKYARD' HOMES, ON THE LEVEL General & Manufactured Home Contractor, TAG Real Estate Sales & Investments 521400, 1501015, 01795582

August 14, 2014 12:56 AM

Local Ordinance Provision Preempted In

Manufactured Home Communities

We have been heavily involved with the Manufactured Housing Industry for the past 30 years. During this time we have become specialists in the installation of Foundation Systems, Foundation retrofitting, repair as well as the often times requried ENGINEERED CERTIFICATION, & the State of California Housing & Community Development Department (HCD) required documentation.

Because we recieve calls, emails and texts seveal times a day regarding this and severa other subjects and because we have been working on these types of profects for several years we are presenting the Active Rain Community in order to provide anyone involved with a Manufactured Housing transaction the latest information regarding the regulation of Manufactured Home Communities.

The following FAQ's are from the

California Housing &

Community Development's

TITLE 25 Mobilehome Parks

Act, Mobilehome Residency Law

(MRL).

This is being presented in its unedited and

unabridged format with minor enhancements for easier reading.

General Background

Implementing

the Legislature’s

comprehensive

statewide program

to establish and

enforce park

standards for

construction,

maintenance, repairs and occupancy.

The Department’s statutory and regulatory standards impose standards for virtually every aspect of a park’s or a manufactured home’s physical conditions, except for those expressly left to local government action in subdivision (h) of H&SC section 18300.

With respect to construction of a new or expanded park, or installation of multifamily manufactured housing, HCD regulations require evidence of local approvals from the local planning agency;

the health, fire, and public works departments; the agency responsible for flood control; the serving utilities; and any other state or federal agency or special district that has jurisdiction and would be impacted by the proposed construction. (25 CCR §§1020.6, 1032).

Similarly, HCD or the LEA may require local approvals for construction of a permanent building under the ownership or control of the park within a park if that installation may impact local services.

Most other types of construction, replacements, installations, and alterations require an MPA enforcement agency permit and inspections (25 CCR § 1018), but no local approvals.

HCD regulations govern both park construction and

manufactured home installation standards and

procedures.

Generally, the regulations require that a home and other structures on a park lot use not more than 75% of the lot space (25 CCR §1110) and that the home and structures have specified set-backs and separations from lot lines and structures Information Bulletin 2008-10 Page 4 (25 CCR §1330). I

n addition, a “manufactured home” is a specific preemptive definition in H&SC section 18007 and a recreational vehicle (including a park model) is a specifically defined term in H&SC section 18010.

As a result, a local government cannot impose restrictions on the minimum or maximum size of a manufactured home to be installed on a mobilehome park lot (ordinance precluding two-story manufactured homes found invalid in County of Santa Cruz v. Waterhouse (2005) 127 Cal.App.4th, 1483, 26 Cal.Rptr 3d 543) or whether a park model or recreational vehicle can be installed on a recreational vehicle lot.

Call On Us Anytime To BE Your

Go To Guys

For Information & Knowledge about

MANUFACTURED HOMES

ON THE LEVEL GENERAL CONTRACTORS INC.