Adding Spaces To Mobile Home Parks

Attorney Tom Casparian and Regulatory Professional Susy Forbath from the Annual Silver Sponsor firm of Cozen O’Connor provided an eye-opening presentation on the extraordinary benefits of AB 2387. The bill, sponsored by CMHI President Jess Maxcy and California Manufactured Housing Institute members, became effective January 1^st this year. Following is some of what we learned. Be sure to read the entire presentation and the legislation at the link below to fully understand the new law.

•

All parks can take advantage of this legislation including non-conforming trailer parks and older mobile home parks that no longer comply with current zoning regulations. The bill is designed to provide more housing with less regulation and cost.

•

The lots added will be deemed to comply with the zoning and land use approvals of the existing mobile home park, including any special use permit.

•

The enforcement agency (HCD or city, in some cases) shall not require a conditional use permit, zoning variances, or other zoning approval for any lots added pursuant to this section.

•

Parks can add 10% of their spaces to the park. The spaces may be for a single home or for a multifamily home (duplex). The new spaces are considered new construction and are exempt from rent control for 15 years.

•

Areas such as RV storage may be used for new lots if the park owner has separate storage agreements and does not include the RV storage in the rent. Other areas can also be used as long as long as the requirements for moving lot lines are met and have a permit from HCD (enforcement agency).

•

The enforcement agency, typically HCD, issues the building permits. The city is not involved in the process, but may require fire inspection, which could result in requirements to provide fire vehicle access to the park.

•

The new lots are not subject to any business tax, local registration fee, use permit fee, or other fee, except those that are applicable to existing lots in the park.

•

The new legislation removes the jurisdiction (county or city including charter cities) from the approval process. Unfortunately, as of now, there has been no outreach to California cities and counties to advise then of this change in the law. This will be an education process that will improve once a few parks have successfully added the spaces. This process is being hindered by HCD not recognizing things have changed and the approval of the local jurisdiction is no longer needed. This needs to be addressed.