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What does regulatory overreach look like?

by | Jul 27, 2021 | California Coastal Commission, Community Associations |

“Regulatory overreach” is one of those terms that laypeople and casual observers consider a stretch. Often claims of overreach extend to licensing requirements or limits on new developments. Then there are stories of the California Coastal Commission (CCC) ordering people to remove the second floors of their homes and suddenly concerns about “overreach” make a lot more sense.

What happened with the CCC?

The California Court Of Appeals recently found that the CCC had the right to deny additions or updates to manufactured housing communities along the California coast. Previously, the only authority that mobile homes needed to consult with was the Department of Housing and Community Development (HDC).

Indeed, while conflicts between the two departments weren’t unheard of, it was the standard view HDC decisions took priority over CCC decisions. This is no longer the case and leaves mobile communities on the coast dependent on CCC approval for such projects as:

  • Maintenance: When units are in significant disrepair, the only way to save them is through extensive care.
  • Expansion: Adding new units to a manufactured home park or adding onto existing structures.
  • Replacements: If a unit is beyond the point of rehabilitation, then replacement is the only option.
  • Facilities updates: Building new amenities to permanent structures like clubhouses and other recreational facilities.

The good news for the community in the above case was that the court did not uphold the order to remove the second floors of their homes.

Balancing environmental necessities and economic growth

It is a reality that climate change is a force to reckon with in the coming decades. Finding the correct balance point between the priorities of the environment and the economy is a must. An experienced firm with knowledge of the necessities of mobile and manufactured home parks and green standards in California can provide valuable insight to developers and communities.