20250SB__072294ENR INTRODUCED 2025-02-21 AMENDED_SENATE 2025-03-26 AMENDED_SENATE 2025-04-21 AMENDED_SENATE 2026-01-05 AMENDED_SENATE 2026-01-15 PASSED_ASSEMBLY 2026-07-02 PASSED_SENATE 2026-01-26 ENROLLED 2026-07-07 2025 SB ENR Introduced by Senators Wahab and Wiener (Principal coauthor: Assembly Member Ahrens) (Coauthors: Senators Cervantes, Rubio, Allen, Caballero, Cortese, and Umberg) (Coauthor: Assembly Member Wallis) LEAD_AUTHOR SENATE Wahab LEAD_AUTHOR SENATE Wiener PRINCIPAL_COAUTHOR ASSEMBLY Ahrens COAUTHOR SENATE Cervantes COAUTHOR SENATE Rubio COAUTHOR SENATE Allen COAUTHOR SENATE Caballero COAUTHOR SENATE Cortese COAUTHOR SENATE Umberg COAUTHOR ASSEMBLY Wallis

An act to amend

Section 65912.157 of the Government Code, relating to land use, and declaring the urgency thereof, to take effect immediately. land use, and declaring the urgency thereof, to take effect immediately Transit-oriented housing development: excluded parcels and sites.

Existing law requires that a housing development project, as defined, within a specified distance of a transit-oriented development stop, as defined, be an allowed use as a transit-oriented housing development on any site zoned for residential, mixed, or commercial development, if the development complies with certain, applicable requirements, as provided.

Among these requirements, existing law prohibits a proposed development under these provisions from being located on sites where the development would require demolition of housing, or that was previously used for housing, that is subject to rent or price controls, as provided. This bill would additionally prohibit the development from being located on an existing parcel of land or site governed under the Mobilehome Residency Law, the Recreational Vehicle Park Occupancy Law, the Mobilehome Parks Act, or the Special Occupancy Parks Act.

This bill would declare that it is to take effect immediately as an urgency statute. TWO_THIRDS NO YES NO YES YES NO NO NO NO NO The people of the State of California do enact as follows:

SECTION 1. This act shall be known, and my be cited, as the Mobile Home Park Protection Act.

SEC.

Section 65912.157 of the Government Code , as added by

Section of

Chapter of the Statutes of 2025, is amended to read: 65912.157. (

a) A housing development project shall be an allowed use as a transit-oriented housing development on any site zoned for residential, mixed, or commercial development within one-half or one-quarter mile of a transit-oriented development stop, if the development complies with the applicable of all of the following requirements:

(1) A transit-oriented housing development project allowed under this

chapter shall include at least five dwelling units and meet the greater of the following: (

A) A minimum density of at least dwelling units per acre. (

B) The minimum density required under local zoning, if applicable.

(2) The average total area of floor space for the proposed units in the transit-oriented housing development project shall not exceed 1,750 net habitable square feet.

(3) For a transit-oriented housing development project within one-quarter mile of a Tier transit-oriented development stop, all of the following apply: (

A) A local government shall not impose any height limit less than feet. (

B) A local government shall not impose any maximum density of less than dwelling units per acre. (

C) A local government shall not enforce any other local development standard or combination of standards that would physically preclude achieving a residential floor area ratio of up to 3.5. (

D) A development that achieves a minimum density of dwelling units per acre and that otherwise meets the eligibility requirements of

Section 65915, including, but not limited to, affordability requirements, shall be eligible for additional concessions pursuant to

Section 65915, as specified in subdivision (d).

(4) For a transit-oriented housing development project further than one-quarter mile but within one-half mile of a Tier transit-oriented development stop, and within a city with a population of at least 35,000, all of the following apply: (

A) A local government shall not impose any height limit less than feet. (

B) A local government shall not impose any maximum density standard of less than dwelling units per acre. (

C) A local government shall not enforce any other local development standard or combination of standards that would physically preclude achieving a residential floor area ratio of up to 3. (

D) A development that achieves a minimum density of dwelling units per acre and that otherwise meets the eligibility requirements of

Section 65915, including, but not limited to, affordability requirements, shall be eligible for additional concessions pursuant to

Section 65915, as specified in subdivision (d).

(5) For a transit-oriented housing development project within one-quarter mile of a Tier transit-oriented development stop, all of the following apply: (

A) A local government shall not impose any height limit less than feet. (

B) A local government shall not impose any maximum density standard of less than dwelling units per acre. (

C) A local government shall not enforce any other local development standard or combination of standards that would physically preclude achieving a residential floor area ratio of up to 3. (

D) A development that achieves a minimum density of dwelling units per acre and that otherwise meets the eligibility requirements of

Section 65915, including, but not limited to, affordability requirements, shall be eligible for additional concessions pursuant to

Section 65915, as specified in subdivision (d).

(6) For a transit-oriented housing development project further than one-quarter mile but within one-half mile of a Tier transit-oriented development stop, and within a city with a population of at least 35,000, all of the following apply: (

A) A local government shall not impose any height limit less than feet. (

B) A local government shall not impose any maximum density standard of less than dwelling units per acre. (

C) A local government shall not enforce any other local development standard or combination of standards that would physically preclude achieving a residential floor area ratio of up to 2.5. (

D) A development that achieves a minimum density of dwelling units per acre and that otherwise meets the eligibility requirements of

Section 65915, including, but not limited to, affordability requirements, shall be eligible for additional concession pursuant to

Section 65915, as specified in subdivision (d). (

b) For purposes of this chapter, the distance of a transit-oriented housing development project from a transit-oriented development stop shall be measured in a straight line from the nearest edge of the parcel containing the proposed project to a pedestrian access point for the transit-oriented development stop. (

c) A local government may still enact and enforce standards, including an inclusionary zoning requirement that do not, alone or in concert, prevent achieving the applicable development standards of subdivision (a). A local government shall not adopt any requirement, including, but not limited to, increased fees or inclusionary zoning requirements, that applies to a project solely or partially on the basis that the project is seeking approval as a transit-oriented housing development, except as necessary for the requirements of this chapter. (

d) A transit-oriented housing development project under this

section shall be eligible for a density bonus, incentives or concessions, waivers or reductions of development standards, and parking ratios pursuant to

Section or a local density bonus program, using the density allowed under this

section as the base density. If a development proposes a height under this

section in excess of the local height limit, then a local government shall not be required to grant a waiver, incentive, or concession pursuant to

Section for additional height beyond that specified in this section, except as provided in subparagraph (

D) of paragraph (2) of subdivision (

d) of

Section 65915. A development shall be eligible for the following additional concessions, if it meets the applicable density threshold specified for its location:

(1) For a development providing housing for extremely low income households, three additional concessions.

(2) For a development providing housing for very low income households, two additional concessions.

(3) For a development providing housing for low-income households, one additional concession. (

e) Notwithstanding any other law, a transit-oriented housing development project that meets any of the eligibility criteria under subdivision (

a) and is immediately adjacent to a transit-oriented development stop shall be eligible for an adjacency intensifier to increase the height limit by an additional feet, the maximum density standard by an additional dwelling units per acre, and the residential floor area ratio by prior to the application of

Section 65915. (

f) A development proposed pursuant to this

section shall comply with

Section 66300.6, including any local requirements or processes implementing the provisions of

Section 66300.6. This subdivision shall apply to any city or county. (

g) A development proposed pursuant to this

section shall comply with any applicable local demolition and antidisplacement standards established through a local ordinance. (

h) A development proposed pursuant to this

section shall not be located on any of the following:

(1) A site containing more than two units where the development would require the demolition of housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power that has been occupied by tenants within the past seven years.

(2) A site that was previously used for more than two units of housing that were demolished within seven years before the development proponent submits an application under this

section and any of the units were subject to any form of rent or price control through a public entity’s valid exercise of its police power.

(3) The existing parcel of land or site is governed under the Mobilehome Residency Law (Chapter 2.5 (commencing with

Section 798) of Title of Part of Division of the Civil Code), the Recreational Vehicle Park Occupancy Law (Chapter 2.6 (commencing with

Section 799.20) of Title of Part of Division of the Civil Code), the Mobilehome Parks Act (Part 2.1 (commencing with

Section 18200) of Division of the Health and Safety Code), or the Special Occupancy Parks Act (Part 2.3 (commencing with

Section 18860) of Division of the Health and Safety Code). (

i) A development proposed pursuant to this

section shall include housing for lower income households by complying with one of the following requirements: (1) (

A) Any of the following: (

i) At least percent of the total units, as defined in subparagraph (

A) of paragraph (9) of subdivision (

o) of

Section 65915, are dedicated to extremely low income households, as defined in

Section of the Health and Safety Code. (ii) At least percent of the total units, as defined in subparagraph (

A) of paragraph (9) of subdivision (

o) of

Section 65915, are dedicated to very low income households, as defined in

Section of the Health and Safety Code. (iii) At least percent of the total units, as defined in subparagraph (

A) of paragraph (9) of subdivision (

o) of

Section 65915, are dedicated to lower income households, as defined in

Section 50079.5 of the Health and Safety Code. (

B) This paragraph shall not apply to any development of units or less. (

C) All units dedicated to extremely low income, very low income, and low-income households pursuant to subparagraph (

A) shall meet both of the following: (

i) The units shall have an affordable housing cost, as defined in

Section 50052.5 of the Health and Safety Code, or an affordable rent, as defined in

Section of the Health and Safety Code. (ii) The development proponent shall agree to, and the local agency shall ensure, the continued affordability of all affordable rental units included pursuant to this

section for years and all affordable ownership units included pursuant to this

section for a period of years.

(2) If a local inclusionary housing requirement mandates a higher percentage of affordable units or a deeper level of affordability than that described in paragraph (1), then the local inclusionary housing requirement mandate shall apply in place of the requirements in paragraph (1). (

j) A development proposed pursuant to this

chapter shall be consistent with the height, noise, and safety standards of an adopted airport land use compatibility plan or Department of Defense Air Installation Compatible Use Zones developed pursuant to

Section of the Public Utilities Code, and of otherwise applicable objective fire safety standards established pursuant to the California Building Code, the California Fire Code, the California Wildland-Urban Interface Code, the Health and Safety Code, the Public Resources Code, or

Chapter 6.8 (commencing with

Section 51175) of Part of Division of Title of this code. (

k) Any transit-oriented housing development pursuant to this

section shall meet the labor standards of subparagraphs (A), (B), (C), (D), (F), and (

G) of paragraph (8) of subdivision (

a) of

Section 65913.4 for any building over feet in height, which shall be applicable to the building. (

l) For purposes of subdivision (

j) of

Section 65589.5, a proposed housing development project that is consistent with the applicable standards from this chapter, as well as applicable local objective general plan and zoning standards that do not alone or in concert prevent achieving those standards, and as modified by any incentive, concession, or waiver under

Section 65915, shall be deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision. This subdivision shall not require a ministerial approval process or modify the requirements of Division 13 (commencing with

Section 21000) of the Public Resources Code. (

m) Beginning on January 1, 2027, a local government that denies a housing development project meeting the requirements of this

section that is located in a high-resource area shall be presumed to be in violation of the Housing Accountability Act (Section 65589.5) and immediately liable for penalties pursuant to subparagraph (

B) of paragraph (1) of subdivision (

k) of

Section 65589.5, unless the local government demonstrates, pursuant to the standards in subdivisions (

j) and (

o) of

Section 65589.5, that it has a health, life, or safety reason for denying the project. (

n) This

section shall not apply to a local agency until July 1, 2026, unless the local agency adopts an ordinance or local transit-oriented development alternative plan deemed compliant by the department before July 1, 2026. It shall not apply within an unincorporated area of a county until the 7th regional housing needs allocation cycle.

SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of

Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are: (

a) Mobilehome and recreational vehicle parks are widely considered to be naturally occurring affordable housing, and are home to 1.6 million Californians who are often older and lower-income individuals. (

b) To maintain California’s progress on slowing down the increase in homelessness, we must keep people housed and preserve all varieties of affordable housing. (

c) There are 5,230 active mobilehome and recreational vehicle parks in the State of California with a total of 453,755 lots and spaces. (

d) The average park size is lots or spaces, however the ten largest parks in the state each have over spaces and the largest mobilehome park in California has spaces. (

e) Half of the ten largest mobilehome parks in California are within Senate District 10; three of those are in Sunnyvale and are impacted by Senate Bill 79 (Chapter of the Statutes of 2025). As public transit expands and bus rapid transit systems become more popular, the impacts of Senate Bill on mobilehome and recreational vehicle parks will become more widespread. (

f) For the immediate preservation of the public peace, health, and safety, the Legislature must protect mobilehome, recreational vehicle, and special occupancy parks just as deed-restricted and subsidized affordable housing is protected.