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
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