RECENT CALIFORNIA DECISIONS

October 2009

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First District Finds County Ordinance Imposing Additional Requirements to Convert Rental Mobilehome Parks to Resident-Owned Was Preempted by Subdivision Map Act
Sequoia Park Associates v. County of Sonoma, ___Cal. App.4th___

In this case, the Court of Appeal considered whether an ordinance enacted by the County of Sonoma (Sonoma) was preempted by Government Code § 66427.5. The code section imposes requirements upon a subdivider submitting an application to convert a mobilehome park from a rental to a resident ownership basis. Purporting to “implement” 66427.5, Sonoma’s ordinance imposed additional requirements on conversion applications. The Court of Appeal held that Sonoma’s ordinance was expressly and impliedly preempted by state law.