HomeMy WebLinkAboutSB1433 Mobile Home ParksREQUEST:
DATE:
CITY OF PALM DESERT
COMMUNITY SERVICES DEPARTMENT
STAFF REPORT
CONSIDERATION OF LEGISLATIVE REVIEW COMMITTEE ACTION
ON SB 1433 (WYLAND) AT ITS MEETING OF MARCH 25, 2008
April 10, 2008
CONTENTS: SB 1433 Language
RECOMMENDATION:
By Minute Motion, concur with the action taken by the Legislative Review Committee at its
meeting of March 25, 2008, and direct staff to prepare a letter of opposition for the Mayor's
signature with regard to SB 1433 (Wyland) relative to mobile home parks.
BACKGROUND:
The Planning and Zoning Law requires cities to include a mandatory Housing Element to identify
and analyze existing and projected housing needs. Passage of SB 1433 would prohibit cities
from meeting any of their existing shares of regional housing needs for very low-, low-, or
moderate income by including mobile home parks in its inventory to meet these specified needs.
The City of Palm Desert has a significant inventory of mobile home units which are used for this
very purpose. Restriction or prohibition of using this type of structure would have a significant
impact on the City's ability to meet its housing needs.
Therefore, the Legislative Review Committee recommends that the City Council oppose SB
1433 and direct staff to prepare a letter stating that position to appropriate Legislators for the
Mayor' signature.
PATRICIA SCULLY, CFEE
SENIOR MANAGEMENT ANALY
SHEILA R. GILLIGAN
ACM/COMMUNITY SERVICES
PAUL GIBSON
DIRECTOR OF FINANCE/
CITY TREASURER
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SB 1433 Senate Bill - INTRODUCED Page 1 of 2
BCLL NUMBER: SB 1433 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Wyland
FEBRUARY 21, 2008
An act to add Section 65584.8 to the Government Code, relating to
land use planning.
LEGISLATIVE COUNSEL'S DIGEST
SB 1433, as introduced, Wyland. Land use planning: housing
element: mobilehome parks.
The Planning and Zoning Law requires a city or county general plan
to include specified mandatory elements, including a housing element
that identifies and analyzes existing and projected housing needs
and includes a statement of goals, policies, quantified objectives,
financial resources, and scheduled programs for the preservation,
improvement, and development of housing.
The Planning and Zoning Law requires each local government to
revise its housing element in accordance with a specified schedule.
The Department of Housing and Community Development, in consultation
with each council of governments, is required to determine each
region's existing and projected housing need at least 2 years prior
to a scheduled revision. The appropriate council of governments, or
for cities and counties without a council of governments, the
department, is required to adopt a final regional housing need plan
that allocates a share of the regional housing need to each city,
county, or city and county at least one year prior to a scheduled
revision.
Tnis bill would prohibit a city, county, or city and county from
meeting any of its existing share of the regional housing need for
very low income, lower income, or moderate income households, as
defined, by including mobilehome parks that are restricted in any
form by an adopted ordinance, rule, regulation, or initiative measure
that establishes a maximum amount that may be charged to a tenant
for rent, unless the owner of the mobilehome park and the city,
county, or city and county have entered into an agreement that
authorizes the use of the mobilehome park tor the purposes of meeting
regional housing need.
Vote: majority. Appropriation: no. Fiscal committee: no.
State -mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 65584.8 is added to the Government Code, to
read:
65584.8. A city, county, or city and county shall not meet any of
its exis`.:ing share of the regional housing need for very low income,
lower income, or moderate income households, as defined in Section
65584, by including mobilehome parks that are restricted in any form
by an adopted ordinance, rule, regulation, or initiative measure that
establishes a maximum amount that may be charged to a tenant for
rent, unless the owner of the mobilehome park and the city, county,
or city and county have entered into an agreement that authorizes the
http://info.sen.ca.gov/pub/07-08/bill/sen/sb_1401-1450/sb_1433_bill_20080221_introduce... 3/28/2008
SB 1433 Senate Bill - INTRODUCED Page 2 of 2
use of the mobilehome park for the purposes of meeting regional
housing need. The agreement may include, but is not limited to, a
provision requiring payment to the owner of the difference between
the controlled rent and the market rate, with the market rate
calculated by surveying the rents in the surrounding area that are
not subject to rent control
http://info.sen.ca.gov/pub/07-08/bill/sen/sb_1401-1450/sb_1433_bill_20080221 _introduce... 3/28/2008