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AB-1334 Mobilehome parks: additional spaces: exemption from additional fees or charges.(2023-2024)

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Date Published: 04/20/2023 09:00 PM
AB1334:v98#DOCUMENT

Amended  IN  Assembly  April 20, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1334

Introduced by Assembly Member Pellerin
(Principal coauthor: Senator Skinner)

February 16, 2023

An act to add Section 18308 to the Health and Safety Code, relating to mobilehome parks.


LEGISLATIVE COUNSEL'S DIGEST


AB 1334, as amended, Pellerin. Mobilehome parks: additional spaces: exemption from additional fees or charges.
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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 18308 is added to the Health and Safety Code, to read:

18308.
 (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 park’s 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.