1 ORDINANCE 2026-784
URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FORTUNAADOPTING CHAPTER 11.02 OF THE FORTUNA
MUNICIPAL CODE, RENT STABILIZATION REGULATIONS FOR
MOBILE HOME PARKS (4/5TH Vote Required)
The City Council of the City of Fortuna does ordain as follows:
Section I. Title. This Ordinance shall be known as the “Fortuna Mobile Home Space Rent Stabilization Ordinance.”
Section II. Purpose and Authority. This ordinance adopts chapter 11.02 of the Fortuna Municipal Code to stabilize rents for spaces in mobile home parks in the City. This urgency ordinance is adopted pursuant to California Constitution, Article XI, section 7 and Government Code sections 36934 and 36937 and shall take effect immediately on approval by at least a fourfifths vote of the Fortuna City Council.
Section III. Emergency Findings. The City Council finds that the adoption of this ordinance on an urgency basisis necessary to preserve the public peace, health, and safety of the residents, , and property owners of the City. The City Council further finds that the facts constituting the basis for the urgency are as follows:
A. Mobile home parks house a substantial number of City residents; and B. A significant majority of the residents of mobile home parks in the City are older individuals or couples living on fixed incomes. These are low- and very-lowincome households and typically spend over 30 percent of their household income on housing; and
C. Nearly all mobile home park residents own and occupy their mobile homes and have made a large investment to live in a mobile home park; and D. Residents of a mobile home park have very limited mobility due to the impracticality of relocating a mobile home; and
E. Alternative housing affordable to, and suitable for, the typical mobile home park resident is limited in and near the City and mobile home parks are a valuable source of housing affordable to low- and very-low-income individuals and families; and F. Several residents of mobile home parks in the City have expressed the concern that they could become homeless if mobile home park owners continue to impose significant rent increases; and,
2 G. Failure to adopt this ordinance on an urgency basis, before a temporary moratorium on above-inflation rent increases expires, could lead many or all park owners to substantially raise rents before the new ordinance takes effect, defeating the purpose of rent stabilization.
H. For these reasons, the City Council finds it is necessary to adopt rent stabilization by urgency ordinance.
Section IV. The Fortuna Municipal Code is hereby amended to add Title 11 to read as follows:
Title 11
Other Police Power Ordinances
Chapter 11.02 Mobilehome Space Rent Stabilization
Section 11.02.010 Definitions.
These words and phrases, whenever used in this chapter, shall be construed as defined in this section unless the context clearly indicates another meaning was intended.
A. “Camping trailer” shall mean a vehicular portable housing unit mounted on wheels and constructed with collapsible partial sidewalls which fold for towing by another vehicle and unfold for occupancy, and designed for recreational or emergency human occupancy.
B. “Capital improvement” shall mean improvements to a park, major refurbishment of a park, and rehabilitation of a mobile home park any of which involves more than ordinary maintenance.
C. “Department” shall mean the Community Development Department of the City.
D. “Hearing Officer” shall mean a licensed attorney with no financial interest in Mobilehomes, Mobilehome Spaces, or Mobilehome Parks who has not represented Mobilehome Park Owners or Mobilehome Park Mobilehome Owners in disputes involving mobile home rent setting, cases or Park closings, Park conversions, or between Park Owners and Park residents in the five years before his or her appointment by the City Manager to conduct a hearing under this Chapter.
E. “Homeowner” shall mean an owner of a mobile home in a mobile home park in the City.
E. “Maximum allowable rent” or “MAR’ has the meaning stated in 11.02.060 of this chapter.
F. “Mobile home” means those structures defined in Civil Code Section 798, et. seq., and other vehicles designed or used for human habitation, including camping trailers, recreational vehicles, motorhomes, slide-in campers, or travel trailers, that occupy a site in 3 a mobile home park as defined in Civil Code sections 798.4 and 798.6.
G. “Mobile Home Park” or “Park” means any manufactured home park in the City as defined in Civil Code sections 798.4 and 798.6 with 10 or more mobilehome spaces.
H. “Mobile home space” shall mean a site within a mobile home park intended, designed, or used for the location or accommodation of a mobile home and any accessory structures or appurtenances attached to or used in conjunction with a mobile home.
I. “Motor home” shall mean a vehicular unit built on or permanently attached to a selfpropelled motor vehicle chassis, chassis cab or van, which becomes an integral part of the completed vehicle, designed for recreational or emergency human occupancy.
J .“Ordinance” means the ordinance which adopted this chapter.
K. “Park Owner” shall mean an owner or operator of a mobile home park or a person authorized to act on an owner’s behalf in operating a park.
L. “Rehabilitation” shall mean any renovation or repair completed on or in a mobile home park to comply with the direction or order of a public agency, or to repair damage resulting from fire, earthquake, or other casualty.
M. “Rent” shall mean the consideration paid for the use or occupancy of a mobile home space.
N. “Resident Homeowner” shall mean a Homeowner who has a tenancy in a park and lives in a mobile home there.
O. “Tenancy” means the lawful occupation of a mobile home park space and includes a lease or sublease.
P. “Tenant” means a residential tenant, subtenant, lessee, sublessee, or any other person entitled by written or oral rental agreement, or by sufferance, to use or occupancy of a space in a mobilehome park.
Q. “Travel trailer” shall mean a portable unit, mounted on wheels, of such size and weight as not to require special highway movement permits when drawn by a motor vehicle, and designed for recreational or emergency human occupancy.
R. “Slide-in camper” shall mean a portable unit, consisting of a roof, floor and sides, designed to be loaded onto and unloaded from the bed of a pickup truck, and designed for recreational or emergency human occupancy and shall include a truck camper.
Section 11.02.020 Base Rent.
Except as provided in this chapter, a Park Owner shall not demand, accept, or retain rent for a Mobile home Space exceeding the rent in effect for the space on [date],September 29, 2025. If a 4 previously rented Mobile home Space was not rented on that date, the Park Owner shall not demand, accept, or retain rent for the space exceeding the rent in effect during the last month the space was rented before that date. If a Mobile home Space is rented for the first time after that date, the Park Owner shall not demand, accept or retain rent for the space exceeding the rent first charged for the space. No Park Owner shall notify Tenants of the amount of a proposed rental increase before the City approves it and any notice not approved by the City shall have no legal effect.
Section 11.02.030 Consumer Price Index (CPI) Rent Increase.
A. The maximum rent a Park Owner may request, demand, or receive for a Mobile Home Space covered by this section shall not exceed the monthly rent charged for such Mobile Home Space as of the date of approval of the park’s last rent increase under this chapter. Rent increases shall not occur more than once during any 12-month period and shall be no more than the change in the cost of living since the last rent increase under this chapter, as indicated in the latest available Consumer Price Index (“CPI”). CPI rent increases shall not exceed five percent (5%). Larger increases may be sought pursuant to section 11.02.040 of this chapter.
B. “Consumer Price Index” means that index for All Urban Consumers in the Western States Area (commonly known as the “CPI-U”) as provided by the United States Bureau of Labor Statistics (1982–84 = 100) or any successor to that index.
C. The City Manager shall calculate of any rent increase allowable under this section as follows:
Multiply the allowable percentage rent increase by the current lawful rent. The resulting figure is the maximum allowable rent increase.
D. An application for a CPI rent increase under this section shall be filed upon a form prescribed by the City Manager and shall be submitted to the City ManagerDepartment.
It shall be accompanied by a fee to be established by resolution of the City Council.
The application shall specify the address of the Mobile Home Park, the space number or numbers for which the CPI rent adjustment is requested, and the amount of the CPI rent adjustment permitted under this chapter.
E. The application shall be a disclosable record under the California Public Records Act.
F. Unless waived by a park owner in writing, the City Manager or his/her designee shall, within 30 days of the date an application is found to be substantially complete, approve, conditionally approve, ofor disapprove the application.
Section 11.02.035 In-Place Transfer Rent Increase
A. Upon the sale of a Mobilehome in place no rent increase may be imposed.
B. No increase may be imposed pursuant to this Section when an existing Mobilehome Owner replaces an existing Mobilehome with another Mobilehome, occupying the 5 same Mobilehome space.
C. Instead, increases shall apply under this chapter as if no change of mobilehome or owner had occurred.
Section 11.02.040 Fair Return Rent Increases Applications A. A Park Owner who seeks a rent adjustment in addition to that permitted annually under section 11.02.030 to a “fair return,” as the law defines that term, may file with the Department a rent increase petition for one or more Mobile home spaces for approval by the City Council pursuant to this subdivision C.
B. An application for a rent adjustment pursuant to this section shall be filed upon a form prescribed by the Department and shall be accompanied by the payment of a fee to be established by resolution of the City Council. The application shall specify the address of the Mobile Home Park, the space number or numbers for which a rent increase is requested, the amount of the requested rent increase, and the facts supporting the application. Supporting documentation shall be filed with the application and the applicant shall produce at the request of the Department any records, receipts, reports, or other documents that the Department may consider necessary for the Hearing Officer to make its findings and recommendations concerning the application. The application shall be made under penalty of perjury and supporting documents shall be certified or verified as requested by the Department.
C. A rent increase application accompanied by the required fee shall be accepted and lodged by the Department but shall not be filed until it is substantially complete and the time periods provided by this chapter for processing the application shall not begin to run until an application is substantially complete and filed. The Department shall determine within 30 days after an application is lodged whether it is complete. If the Department determines that an application is not complete, it shall so notify the applicant in writing and the notice shall state what additional information is required to complete the application. An application which is substantially complete but lacks documentation to support certain claims can be processed for hearing, but any claimed expenses lacking adequate documentation shall not be allowed in determining fair return. The Department shall return to the applicant any application which has not been substantially completed within six (6) months of its submission to the Department.
Thereafter, a new application and fee shall be required if the applicant wishes to apply for a rent increase.
D. Upon receipt of a Fair Return rent increase application, the Department shall mail a notice to the affected Homeowners informing them that an application has been lodged and is being reviewed for completeness. The notice shall state the rent increase sought.
Homeowners may review the application in the Department and may also obtain copies of the application after payment of the City’s copying costs. After determining that an application is substantially complete, the Department shall notify the applicant that the application is substantially complete and has been filed. At the same time, the 6 Department shall notify the affected Homeowners that the application is substantially complete, of the rent increase sought , that they have 30 days from the date of the notice to submit to the Department written statements, photographs, documents, or other evidence relating to the application. No such evidence may be filed later than 10 days before the hearing on the application. All materials submitted by a Park Owner, Homeowner, or any other interested party are public records, may be inspected and may be copied upon payment of the City’s copying costs.
E. The City Manager, or his/her designee, shall designate a Hearing Officer to conduct a public hearing on an application under this section within 60 days of the date that the application is determined to be substantially complete, except as provided in subsection H of this Section. Notice of the time, date and place of the hearing shall be mailed to the applicant and affected Homeowners at least 15 days before the hearing date and shall state that evidence be submitted not later than 10 days before the hearing as required by subdivision D of this section. A staff report on an application shall be provided to the Hearing Officer, and made available to the applicant, the Homeowners, and their designated representatives (if any) at least five days before the hearing.
1. At the public hearing, the applicant, affected Homeowners, their representatives, and any interested person may offer any testimony relevant to the application. They may offer documents, written declarations, photographs or other written or documentary evidence for the first time at the hearing only if good cause is shown (a) why this evidence could not, with reasonable diligence, have been filed with the Department 10 days before the hearing and (b) that the material was filed with the Department as soon as possible.
2. All persons testifying at the hearing shall do so under penalty of perjury. Formal rules of evidence shall not apply.
3. The Hearing Officer may recommendshall determine approveal of a Fair Return rent increase requested, a modified rent increase, or denial of the application under the standards of subdivision F of this section and applicable law and shall submit written findings of fact and recommendations conclusions of law to the City CouncilCity Manager or designee no later than 75 days after the petition was deemed substantially complete except as provided in subdivision H of this section.
4. The City Council will consider the Hearing Officer’s findings and recommendations within 30 days of receipt and render a final decision within 15 days of consideration except as provided in subdivision H of this sectionHearing Officer’s decision shall be final as to the City but subject to judicial review pursuant to Code of Civil Procedure section 1094.5.
F. The Hearing Officer shall recommend and the City Council shall shall grantshall grant Fair Return rent increases as it he or she determines to be fair, just, and reasonable. A rent increase is fair, just, and reasonable if it protects Homeowners from excessive rent increases and allows a fair return on investment to the Park Owner. The following 7 factors and any Guidelines adopted by the City Council, as well as any other relevant factors, shall be considered in deciding whether to grant a Fair Return rent increase; no single factor shall be determinative.
1. Changes in the Consumer Price Index for All Urban Consumers in the Western States Area published by the Bureau of Labor Statistics. If the Bureau of Labor Statistics subsequently changes the geographic reporting area in which the City is located, the most current reporting area established by the Bureau for an area including the City shall be used.
2. The rent lawfully charged for comparable Mobile home spaces in the City.
3. The length of time since either the last hearing and final determination by the City Council on a rent increase application or the last rent increase if no previous rent increase application has been made.
4. The completion of any capital improvements related to the mobile home space or spaces for which the increase is sought, including costs of materials, labor, interest, permit fees, and other items as established by evidence the Hearing Officer deems relevant.
5. Changes in property taxes or other taxes related to the Mobile Home Park.
6. Changes in any rent the applicant pays to lease the land on which the Mobile Home Park is located.
7. Changes in the utility charges for the Mobile Home Park paid by the applicant and the extent of reimbursement from tenants.
8. Changes in reasonable operating and maintenance expenses.
9. The need for repairs caused by circumstances other than ordinary wear and tear.
10. The amount and quality of services the applicant provides the affected tenant(s).
11. Any existing written lease(s) lawfully entered into between the applicant and the affected tenant(s).
G. Notice of the Hearing Officer’s findings and determination on an application shall be mailed to the applicant, the Park Owner, and all affected Homeowners. The Hearing Officer’s recommendation shall be presented to the City Council within 30 days following mailing of the Hearing Officer’s findings and recommendations except as otherwise provided in subsection H of this section.decision shall become final as to the City upon mailing, with proofs of service, to all parties of the final decision on the merits of the application. Judicial review of the Hearing Officer’s decision may be had pursuant to Code of Civil Procedure section 1094.5.
8 H. 1. Any deadline set by this section may be extended without the written consent of the applicant or Park Owner if the need for the extension is caused by the conduct of the applicant or the Park Owner.
2. If the Hearing Officer cannot submit his or her findings of fact, conclusions of law, and decision and recommendations to the City Council when this chapter otherwise requires, including any extensions of time the applicant consents to, and that inability is not due to the conduct of the applicant or the Park Owner, or some cause beyond the Hearing Officer’s control, such as, but not limited to, fire, earthquake or flood, the Hearing Officer shall, when he or she submits findings and recommendations, recommend include in the decision a temporary additional rent increase to compensate the applicant for the delay after the date an increase would have been granted under the timeline otherwise required by this Chapter.
Section 11.02.050 Time Limitation for Increase Due to Capital Improvement A. A Park owner may request a Capital Improvement Rent Increase upon a form prescribed by the City Manager andwhich shall be submitted to the Department. It shall be accompanied by a fee to be established by resolution of the City Council. Capital Improvement rent increases require approval from a Hearing Oofficer after a hearing noticed as provided in section 11.02.040. The Hearing Officer’s decision shall be final as to the City but subject to judicial review pursuant to Code of Civil Procedure section 1094.5.
B. An Park owner may, but need not, seek preliminary approval of a Capital Improvement Rent Increase before making the improvement provided the Hearing Officer determines that the Park owner has provided sufficient information about the scope of work and its estimated cost to allow the Hearing Officer to implement this section. Such a preliminary approval will not bind the City to approve the preliminarily approved rent increase after the improvement is completed, but a Hearing Officer’s decision to deny such an increase shall be supported by substantial record evidence demonstrating that the capital improvement constructed differs materially in scope or cost from that presented in the preliminary application. Such a request shall be otherwise subject to the provisions of this section for Capital Improvement rent increases.
A.C. The Hearing Officer may recommend and/or City Council may provide that an increase in rent, or a portion of an increase in rent, be limited to the time necessary to allow the Park Owner to reasonably amortize the cost of a capital improvement, including interest and any necessary costs, excluding attorneys’ fees. Such increases shall not continue beyond the time necessary for reasonable amortization of the cost of such improvement and shall be listed separately from base rent on a monthly rent statement, invoice, or bill provided to Homeowners. When calculating other rent increases, any capital improvement rent increase shall not be included in the existing rent.
9 B.D. If the cost of a capital improvement for which an increase was granted under this subsection is later recovered by the Park Owner from a third party before the expiration of the amortization period approved by the City CouncilHearing Officer, the Park Owner, any affected Homeowner, or the Director of the Department or his or her designee, may apply to the Department to terminate the capital improvement rent increase. The capital improvement rent increase shall be suspended pending determination of the application and, if the application is denied, the amortization period during which the increase may be collected shall be extended as necessary to allow the full amortization period the City CouncilHearing Officer originally allowed.
C.E. Upon receipt of an application to terminate a capital improvement rent increase, and upon satisfactory proof of recovery of the cost of the improvement, such as, but not limited to, a court judgment or insurer’s acknowledgment of coverage, the Director of the Department shall notify the Park Owner and affected Homeowners of the application. The capital improvement rent increase shall be terminated within 15 days of the notice unless within 10 days of the notice the Park Owner protests the termination on the ground that he or she has not in fact recovered the cost of the improvement. If satisfactory proof of recovery of the cost of the improvement is submitted with the application, the Department shall give notice of that determination to the applicant, the affected Homeowners, and the Park Owner and the Director’s approval shall become final within 15 days of the notice unless the applicant or an affected Homeowner protests within that time. If an affected Homeowner or the Park Owner protests, the Department shall notify the affected Homeowners and Park Owner that a Hearing Officer will hear the protest on a date not later than 30 days after the protest was filed.
The notice shall be mailed no later than 15 days prior to the hearing and the Hearing Officer shall make written recommendationsmake a final decision final as to the City but subject to judicial review pursuant to Code of Civil Procedure section 1094.5, within 45 days after the protest was filed. Those recommendations will be submitted to the City Council for consideration not later than 30 days following receipt of the Hearing Officer’s recommendations. The Council will have 15 days following submission to decide the matter. Any deadline under this section may be extended pursuant to subdivision H of section 11.02.040 of this chapter.
Section 11.02.060 Maximum Allowable Rent (“MAR”)
A. The maximum allowable rent (“MAR”) for any Mobile Home Space is the rent the City last approved pursuant to this chapter or as otherwise specified in this section.
B. Any Mobile Home Park which has not sought approval of a rent increase from the City by July 31, 2026 shall register, on a form provided by the Department, the rent for each space in the park on that date, and the amenities and services provided to the Homeowners in the Park on that date by September 8, 2026. The rent so registered for each space shall become the MAR (Maximum Allowable Rent) for that space unless that rent is challenged by a Homeowner within 30 days after notice is sent by the Department to each Homeowner showing the rent registered for each space.
C. The challenge must be supported evidence that the rent registered is not, in fact, the recent 10 lawfully charged on the date specified in section 11.02.020 of this chapter or otherwise exceeds the rent permitted by this chapter and other law.
D. Any challenge shall be submitted in writing to the Department. Upon receipt of the challenge, the Department shall notify the Park Owner that he or she has 30 days in which to provide any information relevant to determining the challenge.
E. The Department shall set a public hearing before a Hearing Officer to determine the MAR for each space for which a challenge has been filed no later than 30 days after the expiration of the Park Owner’s time to respond to a challenge. The department shall mail notice of the time, date, and place of hearing to the Park Owner and affected Homeowners at least 15 days before the public hearing and no written or documentary evidence may be submitted later than 10 days before the hearing unless the Hearing Officer finds that good cause is shown (i) why this evidence could not, with reasonable diligence, have been filed with the Department 10 days before the hearing and (ii) that the material was filed with the Department as soon as possible.
F. The hearing shall be held according to the provisions of this chapter governing hearings on rent increase applications. The Hearing Officer shall set forth in writing his or her findings and the MAR for the spaces for which a challenge was filed within 15 days after the date on which the public hearing is opened. No fee shall be charged for registering rents or for filing a challenge under this section. Any deadline under this section may be extended pursuant to subdivision H of section 11.02.040 of this chapter. The Hearing Officer’s decision shall be final as to the City but subject to judicial review under Code of Civil Procedure section 1094.5.
Section 11.02.070 Tenancies Not Governed by the Mobile home Residency Law A. A Resident Homeowner whose tenancy is not regulated by the Mobile Home Residency Law (Civil Code Sections 798 et seq.) shall not be charged a fee for anything other than rent or utilities except for reasonable charges for incidental services actually rendered.
B. A tenancy which is not subject to the Mobile Home Residency Law (Civil Code Sections 798 et seq.) shall not be terminated nor shall its renewal be refused, except for one or more of these reasons:
1. Failure of the Homeowner to comply with a local ordinance or State law or regulation relating to mobile homes within a reasonable time after the Homeowner receives a notice of noncompliance from an appropriate governmental agency.
2. Conduct by the Homeowner upon the mobile home park premises which constitutes a substantial annoyance to other Homeowners.
3. Failure of the Homeowner to comply with reasonable rule or regulation of the Mobile Home Park. No act or omission of the Homeowner shall 11 constitute such a failure to comply unless the Park Owner has given the Homeowner written notice of the alleged rule or regulation violation and the Homeowner has not adhered to the rule or regulation within seven days.
4. Nonpayment of rent, utility charges, or reasonable charges for incidental services.
5. Condemnation of the Mobile Home Park.
6. Change of use of the Mobile Home Park; provided, that:
a) The Park Owner has satisfied the provisions of Section 798.56 of the California Civil Code, Government Code
Sections 65863.7 and 65863.8 and any applicable ordinance of the City; and
b) The Park Owner gives the Homeowner written notice of the proposed change 12 months or more before the date of the proposed change; and c) The Park Owner gives written notice of the proposed change of use to each Homeowner whose tenancy will commence within 12 months of the proposed change before inception of that tenancy.
C. Notice of termination or refusal to renew must be given in writing as prescribed by Section 1162 of the Code of Civil Procedure at least 60 days before a tenancy is to terminate. That notice shall state the date the tenancy is to terminate, the reason for the termination or refusal to renew, and the specific facts on which the Park Owner relies to terminate the tenancy.
Section 11.02.080 Refusal to Pay Illegal Rent
A. Homeowner may refuse to pay any rent exceeding the maximum allowable rent (“MAR”). That such unpaid rent exceeds the MAR shall be a defense in any action brought to collect such unpaid rent or to recover possession of a Mobile Home Space for nonpayment of rent.
Section 11.02.090 Remedies
A. Any person who demands, accepts, or retains any rent in violation of this chapter shall be liable in a civil action to the person who paid that rent for damages in the sum of three times the amount by which the rent demanded, accepted, or retained exceed the maximum allowable rent together with reasonable attorneys’ fees and costs as determined by the court.
B. Any person violating any provisions of this chapter shall be guilty of a misdemeanor and shall be punishable as provided by chapters 1.08 and 1.09 of this Code. 12 C. Code of Civil Procedure Section 1094.6 applies to decisions of the City under this chapter and no legal challenge to any such decision may be brought unless it is filed within the time permitted by that statute. The City Council’s resolution reflecting such a decision or other City decision shall state that the time within which judicial review must be sought is governed by Code of Civil Procedure Section 1094.6 and a copy of the resolution or decision, including a certificate of mailing, shall be sent to the applicant, and to a representative of the affected Homeowners, if one has been designated, by first class mail.
Section 11.02.100 City Council Review of this Chapter
The City Council shall review this chapter 12 18 months after its adoption, and periodically thereafter, to consider:
a) Whether this chapter continues to be necessary to protect the public health, safety and welfare;
b) Whether its implementation has been adequate; and
c) Whether its should be amended to provide more effective regulations or to avoid unnecessary hardship to Homeowners or Park Owners.
Section 11.02.110 Lease Regulations
No Park Owner may require, directly or indirectly, that any Homeowner or prospective Homeowner sign a lease or rental agreement that exempts the agreement from local rent control or provides for space rent greater than the maximum allowable rent and no Park Owner may deny a tenancy to a prospective purchaser of a mobile home in the park on the ground that the prospective purchaser will not sign such a lease or rental agreement.
Section 11.02.120 Utility Fees – Registration and Posting A. Not less than 90 days before imposing a separate charge for a utility service previously included in rent pursuant to Civil Code Section 798.41, a Park Owner shall file notice with the Department on a form provided by the City, which specifies for each space the current rent, the new charge to be imposed, the duration and expiration date of the charge if it has a limited duration, the rent reduction to be made simultaneously with imposition of the charge, the calculation of the new charge and rent reduction and the new MAR for each space.
B. Not less than 90 days before imposing, increasing, decreasing or eliminating a charge separately billed pursuant to Civil Code Section 798.49, a Park Owner shall file a notice with the Department on a form provided by the City which specifies for each space the current rent, the new charge or charge eliminated or the amount of any increase or decrease in an existing charge, the fee or assessment on which the charge or change is based, the basis for the amount of the charge or any change therein, and the duration and expiration date of the charge if it has a limited duration. 13 C. Within 10 days of executing any rental agreement or lease which is exempt from this chapter pursuant to the Mobile Home Residency Law, Civil Code Sections 798 et seq., a Park Owner shall register that lease with the Department on a form provided by the City, which specifies the beginning and ending date of the lease and the rental rate(s) applicable during its duration, and shall provide the City a copy of the lease.
D. Every Park Owner shall post a copy of this chapter in the park office or manager’s office where it may be viewed by Homeowners and in any clubhouse, recreation building or room, auditorium or assembly room; shall give each Resident Homeowner a copy of this chapter and shall give each prospective Homeowner a copy of this chapter before the prospective Homeowner executes any lease or rental agreement with the Park; and, shall file with the Department within five days of execution of a lease or rental agreement a signed receipt from each new Homeowner acknowledging receipt of a copy of this chapter before execution of any lease or rental agreement.
Section V. CEQA
Adoption of this ordinance is not subject to the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and Section 15060(c)(3) (the activity is not a project as defined in Section 15378 of the CEQA Guidelines, because it has no potential for resulting in physical change to the environment, directly or indirectly).
Section VI. Severability
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or invalid, this decision shall not affect the validity of the remaining portion of this Ordinance. The City Council declares it would have adopted this Ordinance and every section, subsection, sentence, clause, or phrase thereof despite the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid, unconstitutional, or otherwise unenforceable.
Section VII. Immediate Effectiveness, Publication
This Ordinance shall be in full force and effect immediately on its passage by a four-fifths or greater vote of the City Council. Notice of its adoption shall be given as required by Government Code section 36933.
APPROVED at a regular meeting of the City Council on this 6th day of JanuaryApril, 2026, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
14 ______________________________
Mike Johnson, Mayor
ATTEST:
______________________________
Siana L. Emmons, City Clerk