Loading...
HomeMy WebLinkAbout19 - Manufactured Homes on Single-Family LotsCITY OF NEWPORT BEACH I July 24, 2001 CITY ATTORNEY'S OFFICE I Agenda Item 19 TO MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBIN L. CLAUSON, ASSISTANT CITY ATTORNEY RE INFORMATION REPORT REGARDING STATE LAW REQUIREMENTS FOR MANUFACTURED HOMES ON SINGLE FAMILY RESIDENTIAL LOTS State zoning laws leaves cities, including charter cities, with very little discretion for review or approval of manufactured home on single family lots. Government Code Section 65852.3 requires a city to allow the installation of manufactured homes on lot zones for conventional single family residential dwellings if, (1) the home is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Sections 5401 et. seq.) and (2) the house is installed on a foundation system pursuant to Section 18551 of the Health & Safety Code. The cities may only subject the manufactured home and the lot on which it is placed to the same zoning development standards to which a conventional single family residential dwelling on the same lot would be subject. Therefore, manufactured homes must comply with a City's height, side and rear yard setback requirements, standards for enclosures, access and vehicle parking standards, aesthetic requirements and minimum square footage requirements. Cities may impose different architectural standards, but only standards for roof overhangs, roofing and siding materials that do not exceed those that would be required of a conventional single family dwelling constructed on the same lot. Furthermore, when there are no size requirements for roof overhangs for both manufactured homes and conventional single family homes, the City may impose a roof overhang requirement on manufactured homes not to exceed 16 inches. Cities may also preclude manufactured homes that are over 10 years old. Finally, State law prohibits a City from subjecting a certified manufactured home to any permit process or requirement which is not identical to the permit requirement that would be imposed on a conventional single family home on the same lot. These State laws related to manufactured homes were originally adopted in 1980. At the time of adoption, the law was based upon legislative findings that manufacturers offered Californians an additional opportunity to own and live in decent and safe affordable Mayor and Members of City Council July 24, 2001 Page 2 housing on a permanent basis. It became operative on July 1, 1981 and has had limited amendments since that time. Therefore, the City Council has very limited discretion to approve the installation of a certified manufactured homes on a single family lot anywhere in the City. RECOMMENDATION: Accept and file report or direct Planning Department staff to provide limited allowed standards for architectural requirements. Robin L. Clauson RLC:da F: \users\ Cat\ Shared\ da \CCmemo \ManufacturedHomes.doc