______________________________________ 

______________________________________________________________________________ 

 

 

 

 

 

 

 

 

 

TO BE PUBLISHED IN THE OFFICIAL REPORTS
 

OFFICE OF THE ATTORNEY GENERAL
 

State of California
 

DANIEL E. LUNGREN
 

Attorney General
 

OPINION : 

: No. 94-604 

of : 

: September 30, 1994 

DANIEL E. LUNGREN : 

Attorney General : 

: 

CLAYTON P. ROCHE : 

Deputy Attorney General : 

: 

THE HONORABLE KATHLEEN L. BURGESS, COUNTY COUNSEL, DEL 

NORTE COUNTY, has requested an opinion on the following question: 

If four adjoining subdivision lots are merged into two subdivision lots for the purpose 

of placing a mobilehome on each for rental, would the requirements of Mobilehome Parks Act apply to 

the placement and rental of the mobilehomes? 

CONCLUSION 

If four adjoining subdivision lots are merged into two subdivision lots for the purpose 

of placing a mobilehome on each for rental, the requirements of the Mobilehome Parks Act would 

apply to the placement and rental of the mobilehomes. 

ANALYSIS 

We are advised that four adjoining lots have been created under the provisions of the 

Subdivision Map Act (Gov. Code, '' 66410-66499.37; "SMA"). The lots will be merged by the 

owner into two subdivision lots and one mobilehome will be placed on each for rental. The 

mobilehomes will not have permanent foundations. The question presented for resolution is whether 

. 94-604
 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

placement of the two mobilehomes on the subdivision lots will subject the owner to the requirements of 

the Mobilehome Parks Act (Health & Saf. Code, '' 18200-18700; "MPA").1 We conclude that it will. 

A. The Subdivision Map Act 

The SMA vests local governments with control over the design and improvement of 

land subdivisions in California. (Gov. Code, ' 66411; Morehart v. County of Santa Barbara (1994) 7 

Cal.4th 725, 748; City of West Hollywood v. Beverly Towers, Inc. (1991) 52 Cal.3d 1184, 1189.) A 

subdivider must obtain approval of and record a subdivision map with the governing local entity before 

resulting parcels may be sold, leased, or financed. (John Taft Corp. v. Advisory Agency (1984) 161 

Cal.App.3d 749, 755; South Central Coast Regional Com. v. Charles A. Pratt Construction Co. (1982) 

128 Cal.App.3d 830, 845; Simac Design, Inc. v. Alciati (1989) 92 Cal.App.3d 146, 157-159.) 

As conditions of approving a subdivision map, a city or county may require the 

subdivider to install or pay fees for the installation of such improvements as streets, sewers, parks, and 

school facilities made necessary by development of the subdivision. (See, e.g., Gov. Code, ''

66419-66421, 66462-66485; South Central Coast Regional Com. v. Charles A. Pratt Construction Co., 

supra, 128 Cal.App.3d at 845.) The SMA contains various provisions concerning the merger of 

subdivided lots. (See Gov. Code, '' 66451.10-66451.21, 66499.202, 66499.20:.) 

The main purposes of the SMA are to facilitate orderly community development and to 

protect the public from fraud and exploitation. (South Central Coast Regional Com. v. Charles A. 

Pratt Construction Co., supra, 128 Cal.App.3d at 844-845; Benny v. City of Alameda (1980) 105 

Cal.App.3d 1006, 1011; Simac Design, Inc. v. Celciati, supra, 92 Cal.App.3d at 157-158; Pratt v. 

Adams (1964) 229 Cal.App.2d 602, 605-606.) 

B. The Mobilehome Parks Act 

The MPA regulates the construction and operation of mobilehome parks. It requires 

each park owner to obtain a permit to operate the park on an annual basis ('' 18500-18518) and 

prescribes in detail health and safety requirements with respect to maintenance, occupancy, and use (''

18550-18607). It sets building construction, plumbing, and electrical standards. ('' 18620-18670.) 

The MPA is administered by the State Department of Housing and Community 

Development (' 18253; "Department"), although cities and counties may at their option assume 

responsibility for its enforcement. (' 18300, subd. (b).) The Department has adopted extensive 

administrative regulations for mobilehomes (Cal. Code Regs., tit. 25, '' 1000-2860), whether such 

homes are within or without a mobilehome park. 

The purposes of the MPA are set forth in section 18254: 

"(a) It is the purpose of this part to accomplish both of the following: 

1

All references hereafter to the Health and Safety Code are by section number only. 

. 94-604
 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

"(1) Assure protection of the health, safety, and general welfare of all park 

residents. 

"(2) Allow modifications in regulations adopted pursuant to this part in a manner 

consistent with the criteria established in this part. 

"(b) The regulations adopted by the department pursuant to the authority granted 

in this part shall provide equivalent or greater protection to residents of parks than the 

statutes and regulations in effect prior to January 1, 1978." 

The Legislature has declared in section 18250: 

"The Legislature finds and declares that increasing numbers of Californians live in 

manufactured homes and mobilehomes and that most of those living in such 

manufactured homes and mobilehomes reside in mobilehome parks. Because of the 

high cost of moving manufactured homes and mobilehomes, most owners of 

manufactured homes and mobilehomes reside within mobilehome parks for substantial 

periods of time. Because of the relatively permanent nature of residence in such parks 

and the substantial investment which a manufactured home or mobilehome represents, 

residents of mobilehome parks are entitled to live in conditions which assure their 

health, safety, general welfare, and a decent living environment, and which protect the 

investment of their manufactured homes and mobilehomes." 

Section 18251 provides: 

"The Legislature finds and declares that the standards and requirements established 

for construction, maintenance, occupancy, use, and design of parks should guarantee 

park residents maximum protection of their investment and a decent living 

environment. At the same time, the standards and requirements should be flexible 

enough to accommodate new technologies and to allow designs that reduce costs and 

enhance the living environment of park residents." 

Section 18253 states: 

"The Legislature finds and declares that the specific requirements relating to 

construction, maintenance, occupancy, use, and design of parks are best developed by 

the department in accordance with the criteria established by this part. Placing this 

responsibility with the department will allow for modifications of specific requirements 

in a rapid fashion and in a manner responsive to the needs of park residents and 

owners." 

Proceeding to the key definitions in the MPA, we find that a "mobilehome park" is 

defined in subdivision (a) of section 18214 as follows: 

. 94-604
 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

"`Mobilehome park' is any area or tract of land where two or more mobilehome 

lots are rented or leased, held out for rent or lease, or were formerly held out for rent or 

lease and later converted to a subdivision, cooperative, condominium, or other form of 

resident ownership, to accommodate manufactured homes or mobilehomes used for 

human habitation. The rental paid for a manufactured home or mobilehome shall be 

deemed to include rental for the lot it occupies." 

Section 18210 defines "lot" for purposes of the MPA as follows: 

"`Lot' means any area or tract of land or portion of a mobilehome park or special 

occupancy park, designated or used for the occupancy of one manufactured home, 

mobilehome, recreational vehicle, tent, camp car, or camping party." 

"Mobilehome" is defined as having "the same meaning as defined in Section 18008" (' 18211), which 

in turn states that a mobilehome is: 

"A structure transportable under permit in one or more sections, designed and 

equipped to contain not more than two dwelling units to be used with or without a 

foundation system." (' 18008, subd. (a).) 

Thus, a "mobilehome park" is any area where two or more mobilehome lots are rented, 

and any rental paid for a mobilehome is deemed to include the rental for the lot it occupies. A 

mobilehome lot includes any area for the occupancy of a mobilehome, and a mobilehome may be one 

with or without a foundation system. 

We find it irrelevant that the two lots in question are "subdivision" lots. It may well be 

that many mobilehome parks are located on a single subdivision lot or parcel, with each mobilehome 

located in a separate space constituting a "mobilehome lot" for purposes of the MPA. Whether the 

separate space is also a unit of land for purposes of the SMA does not affect the requirements 

applicable to the operation of a mobilehome park. Both statutory schemes must be construed 

according to their own definitions and for their own purposes. "`The words of the statute must be 

construed in context, keeping in mind the statutory purpose, and statutes or statutory sections relating to 

the same subject must be harmonized, both internally and with each other, to the extent possible.'" 

(Walnut Creek Manor v. Fair Employment & Housing Com. (1991) 54 Cal.3d 245, 268.) "Where 

reasonably possible, we avoid statutory constructions that render particular provisions superfluous or 

unnecessary. [Citations.]" (Dix v. Superior Court (1991) 53 Cal.3d 442, 459.) 

C. The Planning and Zoning Law 

It has been suggested that although the SMA itself may not preclude the application of 

the MPA requirements to the operation of a mobilehome park when the mobilehomes are located on 

separate subdivision lots, Government Code sections 65852.3 and 65852.4 may preclude such 

application. These statutes are not in the SMA but are part of the general provisions of the Planning 

and Zoning Law (Gov. Code, '' 65000-66499.58) of which the SMA is a part. Government Code 

section 65852.3, subdivision (a) provides: 

. 94-604
 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

"A city, including a charter city, county, or city and county, shall allow the 

installation of manufactured homes certified under the National Manufactured Housing 

Construction and Safety Standards Act of 1974 (42 U.S.C. sec. 5401 et seq.) on a 

foundation system, pursuant to Section 18551 of the Health and Safety Code, on lots 

zoned for conventional single-family residential dwellings. Except with respect to 

architectural requirements, a city, including a charter city, county, or city and county, 

shall only subject the manufactured home and the lot on which it is placed to the same 

development standards to which a conventional single-family residential dwelling on 

the same lot would be subject, including, but not limited to, building setback standards, 

side and rear yard requirements, standards for enclosures, access, and vehicle parking, 

aesthetic requirements, and minimum square footage requirements. Any architectural 

requirements imposed on the manufactured home structure itself, exclusive of any 

requirement for any and all additional enclosures, shall be limited to its roof overhang, 

roofing material, and siding materials. . . . In no case may a city, including a charter 

city, county, or city and county, apply any development standards which will have the 

effect of precluding manufactured homes from being installed as permanent 

residences." (Emphasis added.)"2/ 

Government Code section 65852.4 provides: 

"A city, including a charter city, a county, or a city and county, shall not subject an 

application to locate or install a manufactured home certified under the National 

Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Sec. 

5401 et seq.) on a foundation system, pursuant to Section 18551 of the Health and 

Safety Code, on a lot zoned for a single-family residential dwellings, to any 

administrative permit, planning, or development process or requirement, which is not 

identical to the administrative permit, planning, or development process or requirement 

which would be imposed on a conventional single-family residential dwelling on the 

same lot. However, a city, including a charter city, county, or city and county, may 

require the application to comply with the city's, county's, or city and county's 

architectural requirements permitted by Section 65852.3 even if the architectural 

2. "Manufactured home" is defined in section 18007 as follows: 

"`Manufactured home,' for the purposes of this part, means a structure, transportable in one or more 

sections, which, in the traveling mode, is eight body feet or more in width, or 40 body feet or more in 

length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and 

designed to be used as a dwelling with or without a permanent foundation when connected to the required 

utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; 

except that such term shall include any structure which meets all the requirements of this paragraph except 

the size requirements and with respect to which the manufacturer voluntarily files a certification and 

complies with the standards established under this part. `Manufactured home' includes a mobilehome 

subject to the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C., Sec. 5401, 

et seq.)." 

. 94-604
 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

requirements are not required of conventional single-family residential dwellings." 

(Emphasis added.) 

Initially, we would note that these two statutes are inapplicable to our facts, since the mobilehomes at 

issue will not be installed on a foundation system. 

Furthermore, the evident purposes of Government Code sections 65852.3 and 65852.4 

are to preclude a local government from discriminating against the construction, placement, and 

occupancy of manufactured homes vis-a-vis conventionally built houses. The two statutes are not 

intended to undermine the requirements of the MPA imposed upon the owners of mobilehome parks, 

which requirements are administered by the Department. 

As with the differing provisions and purposes of the SMA and MPA, we are to 

harmonize the various requirements of Government Code sections 65852.3 and 65852.4 and of the 

MPA, giving effect to each to the extent possible. (See Walnut Creek Manor v. Fair Employment & 

Housing Com., supra, 54 Cal.3d at 268; Dix v. Superior Court, supra, 53 Cal.3d at 459.) 

We are advised that the Department, with enforcement responsibility over the MPA's 

requirements, has uniformly administered the MPA with respect to mobilehomes placed on separate 

subdivision lots. It has concluded that Government Code sections 65852.3 and 65852.4 do not purport 

to grant an exemption for mobilehome park owners from the plain wording and purposes of the MPA. 

"Unless unreasonable or clearly contrary to the statutory language or purpose, the consistent 

construction of a statute by an agency charged with responsibility for its implementation is entitled to 

great deference. [Citation.]" (Dix v. Superior Court, supra, 53 Cal.3d at 460.) We find the 

Department's interpretation of the MPA to be reasonable and in keeping with the Legislature's declared 

purposes. 

Finally, we note that section 18214 itself presupposes that a mobilehome park may 

consist of mobilehomes placed upon separate subdivision lots. It states that a mobilehome park 

consists of any area "formerly held out for rent or lease and later converted to a subdivision . . . to 

accommodate manufactured homes or mobilehomes for human habitation." 

Accordingly, we conclude that if four adjoining subdivision lots are merged into two 

subdivision lots for the purpose of placing a mobilehome on each for rental, the requirements of the 

MPA would apply to the placement and rental of the mobilehomes. 

* * * * * 

. 94-604