ORD. NO. 1686- NS
Item No.10A
DocuSign Envelope ID: DF961DA6- ACEF- 4EAC- AAAD- 55D699DF7A5C date, and recite the findings required by subsection 5-25.08( m) of this chapter, if applicable.
0) Consideration by City Manager. Except for applications or parts thereof approved by the Community Development Director pursuant to subsection 5-
25. 08( i), all other appeals of applications or parts thereof that are not approved shall be decided by the City Manager, or designee. Any appeal must be requested in writing to the City Manager within fourteen ( 14) days of the Community Development Director' s decision. The hearing shall take place no later than forty- five ( 45) days after the Community Development Director' s written decision. The City Manager shall consider the information provided in the application, any information submitted by tenants affected by the requested rent increase, the provisions of the Resolution referenced in Section 5-25.08, and any other factors he or she deems to be relevant to the purposes of these provisions. The City Manager may provide additional procedural rules for consideration of applications under this subsection.
k) Notice of hearing. Notice of any hearing required pursuant to this subsection shall be given by mailing at least fourteen ( 14) days prior to the hearing, to the applicant and to all tenants whose rent would be increased. The notice shall state the date, time, and location of the hearing.
1) Decision of City Manager. The City Manager or designee shall render a decision on the application in writing to the park owner and Community Development Director no later than thirty ( 30) days after the hearing date. The City Manager' s decision shall state the amount and duration of the approved increase, effective date, and reasons for the decision, and the findings required by subsection 5-25.08( m) of this chapter, if applicable. The park owner shall post a copy of the decision at the Park Office in a conspicuous location. m) Findings for approval. A rent increase for purposes of reimbursing a park owner for a capital improvement or rehabilitation work shall be approved, if all the following findings have been made:
1) The work for which a rent adjustment is requested, and the application submitted by the landlord meet the applicable requirements of subsections 5- 25. 08( b) through 5- 25. 08( f), above.
2) Landlord has given notice to tenants as required by subsection 5-
25.08(g), above.
3) The type of capital improvement or rehabilitation work and its useful life are listed in and comply with the provisions of the Resolution referenced in Section 5-25.08 above. If the particular capital improvement or rehabilitation work is not listed in said Resolution, then a determination of the useful life has been made based on similar items listed in the Resolution and/ or other competent evidence. n) Effective date. Any rent adjustment granted under this section shall become effective after the landlord has received the decision from the Community Development Director or City Manager, or designee, as applicable, and upon providing such notice of the approved increase to tenants whose rent is adjusted pursuant to the decision as may be required by the Civil Code of California. o) Finality of decision. The decision of the Community Development Director or City Manager, or designee, pursuant to this section 5-25.08, shall be cddA30- 40/ 0rdinance- CC# 01/ pz ( MCA 2021- 70174)
ORD. NO. 1686- NS
Item No.10A
DocuSign Envelope ID: DF961DA6- ACEF- 4EAC- AAAD- 55D699DF7A5C final, and no appeal of that decision may be taken by any party to the Planning Commission, City Council or any other officer of the City.
Sec. 5- 25. 09. Planning Commission Adjustments for Just and Reasonable Return.
a) Planning Commission adjustments. The Planning Commission shall have the authority, in accordance with such guidelines as the Planning Commission may establish, to grant increases in the rent for a rental space or spaces located in the same mobile home park, upon receipt of an application for adjustment filed by the landlord and after notice and hearing. If the Planning Commission finds that such request for increase is in keeping with the purposes of this chapter and that the maximum rent or maximum adjusted rent otherwise permitted pursuant to this chapter constitutes a just and reasonable rent on the rental space or spaces, the rent increase may be granted. The following are factors, among other relevant factors as the Commission may determine, which may be considered in determining whether a rental space yields a just and reasonable return:
1) Property taxes.
2) Reasonable operating and maintenance expenses.
3) The extent of capital improvements made to the common area or spaces as distinguished from ordinary repair, replacement, and maintenance. 4) Living space, and the level of housing services.
5) Substantial deterioration of the rental spaces other than as a result of ordinary wear and tear.
6) Failure to perform ordinary repair, replacement, and maintenance. 7) Financing costs on the property if it contains either a balloon payment or variable rate provision.
8) Changes to the CPI index utilized by the City of Thousand Oaks. b) Anti -speculation provision. If the only justification offered for the requested rent increase on the landlord' s application is an assertion that the maximum rents or maximum adjusted rents permitted pursuant to this chapter do not allow the landlord a return sufficient to pay both the operating expenses and debt service on the rental space or spaces or on the mobile home park containing the rental space or spaces, a rent adjustment will not be permitted pursuant to this subsection to a landlord who acquired an interest in the rental space or spaces after January 1, 1980.
c) Procedures Involving Applications Regarding Just and Reasonable Return.
1) All applications for rent adjustment regarding just and reasonable return shall be submitted to the Community Development Department and shall include, among other things specified in the application requirements or requested by the Department, the mailing addresses and space numbers of the space or spaces for which an adjustment is requested. Each application shall be accompanied by a filing fee of Twenty and no/ 100ths ($ 20. 00) Dollars plus Five and no/ 100ths ($ 5.00) Dollars per space affected by the proposed increase. The Community Development Department shall determine whether an application is complete within thirty ( 30) days of submittal. The applicant shall produce at the cddA30- 40/ 0rdinance- CC# 01/ pz ( MCA 2021- 70174)
ORD. NO. 1686- NS
Item No.10A
DocuSign Envelope ID: DF961 DA6- ACEF- 4EAC- AAAD- 55D699DF7A5C request of the Community Development Department, or Planning Commission at any subsequent hearing, such records, receipts and reports as may be necessary to make a determination on the adjustment request. Failure to produce such requested items shall be sufficient basis for the termination of the rent adjustment proceedings. All applications for rent adjustment, together will all oral and written evidence presented in support thereof, shall be under oath or penalty of perjury. 2) Within ten ( 10) days of the determination by the Community Development Department that the application is complete, the Community Development Department shall set a date for a hearing and determination. The City shall notify the tenant or tenants of the subject space or spaces by mail of the receipt of such application, the amount of the requested increase, the landlord' s justification for the request, and the place, date and time of the hearing on the adjustment request. The hearing shall occur no less than ten ( 10) days and no more than forty- five ( 45) days after the date of mailing such notice. 3) The hearing shall be conducted in accordance with the rules of procedure which the Planning Commission may choose to adopt. In the event that the Planning Commission does not adopt such rules of procedure, the hearing shall be conducted in general accordance with the City Council Manual of Procedure, Ordinance 488- NS. At the time of the hearing, the landlord and/ or affected tenants may offer such documents, testimony, written declarations, or evidence as may be pertinent to the proceedings.
4) A determination with written findings in support thereof shall be made within seventy- five ( 75) days from the conclusion of the hearing. 5) Copies of the findings and determination of the Planning Commission shall be mailed by the City to the applicant and all affected tenants. d) Appeal. Any dispute, contention, or disagreement relative to interpretation, application, or enforcement of this section 5- 25. 09, shall be submitted to the City Council for determination in accordance with the provisions of section 1- 4. 01 through section 1- 4. 05 of the Thousand Oaks Municipal Code.
Sec. 5- 25. 10. Remedies.
Any person who demands, accepts or retains any payment of rent in excess of the maximum rent or maximum adjusted rent in violation of the provisions of this chapter, or any regulations or orders promulgated hereunder shall be liable in a civil action to the person from whom such payment is demanded, accepted or retained for damages of three times the amount by which the payment or payments demanded, accepted or retained exceed the maximum rent or maximum adjusted rent which could be lawfully demanded, accepted or retained together with reasonable attorney' s fees and costs as determined by the court, together with a civil penalty not to exceed the sum of Two Thousand Dollars ($ 2,000. 00) or as may be amended pursuant to State law.
Sec. 5- 25. 11. Refusal of Mobile Home Owner, Resident, or Tenant to Pay.
A mobile home owner, resident, or tenant may refuse to pay any rent in excess of the maximum rent or maximum adjusted rent permitted pursuant to this chapter or regulations or orders adopted hereunder. The fact that such rent is in cdd: 430- 40/ Ordinance- CC# 01/ pz ( MCA 2021- 70174)
ORD. NO. 1686- NS
Item No.10A
DocuSign Envelope ID: DF961DA6- ACEF- 4EAC- AAAD- 55D699DF7A5C excess of maximum rent or maximum adjusted rent shall be a defense in any action brought to recover possession of a rental space or to collect the illegal rent.
Sec. 5- 25. 12. Prior Ordinances.
This chapter is derived from Ordinances 747- NS and 755- NS as amended by Ordinances 782- NS, 787- NS, 805- NS, 831- NS, 838- NS, 846- NS, 933- NS, 1040- NS, 1216- NS, 1254- NS, and 1559- NS. This chapter shall control to the extent a conflict exists between it and any former ordinance to the contrary.
Sec. 5- 25. 13. Registration.
a) Purpose. The purpose of the registration requirement is to enable the City to monitor rents under this chapter and to provide for the assessment of fees to assist in the financing of the reasonable and necessary expenses of the implementation and administration of the mobile home rent stabilization program within the City of Thousand Oaks.
b) Registration. On or before January 1 of each year, a landlord shall furnish to the Community Development Department, upon a form provided by said Department, information indicating the maximum base rent and maximum adjusted rent for each rental space in the complex, as of October 31 of the prior year. In addition, pursuant to a request from the Community Development Department, landlords shall also furnish any other rent information needed that will assist in monitoring rents in each park. Such spaces shall be individually designated by their space number and mailing address. Additionally, the landlord shall indicate when the rent for each individual space was last increased pursuant to Sections 5-
25. 06, and 5- 25. 07.
c) Registration fee. By January 1 of each year, the landlord shall submit to the Community Development Department, a registration fee in the amount of Ten and no/ 100ths ($ 10) Dollars for each controlled rental space in landlord' s park.
This section shall not apply to any space which will not receive an increase in rent pursuant to Section 5-25.06 in any year for which the fee is due, provided that the landlord identifies each space which will not receive such an increase by indicating no increase" in the " Comments" section of the Registration Form ( Section 5-
25. 13( b)), above.
d) Landlords shall include the requirements as specified in Section 5-
25. 03( b), if applicable.
5- 25. 14. Severability. If any section, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions. The City Council hereby declares that it would have passed this ordinance, and each section, clause, or phrase thereof, irrespective of portions being declared invalid or unconstitutional.
cdd: 430- 40/ Ordinance- CC# 01/ pz ( MCA 2021- 70174)
ORD. NO. 1686- NS
Item No.10A
DocuSign Envelope ID: DF961DA6- ACEF- 4EAC- AAAD- 55D699DF7A5C Part 2
Uncodified)
Effective Date
This Ordinance shall take effect on the nineteenth ( 19th) day of August, 2021, following its final passage and adoption.
PASSED AND ADOPTED this 6th day of July, 2021, by the following vote:
Ayes: Councilmembers Adam, McNamee, Engler, and Mayor Bill - de la Pena Noes: None
Absent: Councilmember Jones
DocuSigned by:
OFSDE74C0896425...
Claudia Bill - de la Pena, Mayor
City of Thousand Oaks, California
ATTEST/ CERTIFY:
DocuSigned by:
1BE21485944D4F7... "
Cynthia M. Rodriguez, City Clerk
Date Attested:
7/ 12/ 2021
APPROVED AS TO FORM:
Office of the City Attorney
If
DocuSigned by:
tJ,i6a U" a&
7FD46DB71DDA4AE...
Felicia Liberman, Assistant City Attorney
APPROVED AS TO ADMINISTRATION:
DocuSigned by:
3062472D3E6C49D
Andrew P. Powers, City Manager
Introduced: June 22, 2021
Published: June 30, 2021 and July 13, 2021
Ordinance No.: 1686- NS
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above. cddA30- 40/ 0rdinance- CC# 01/ pz ( MCA 2021- 70174)
ORD. NO. 1686- NS
Item No.10A
TO: Andrew P. Powers, City Manager
FROM: Clifford G. Finley, Public Works Director
DATE: September 13, 2022
SUBJECT: Public Notice – Approval of Parcel Map LD 17-70254 Location: 1012 Calle Almendro
Developer: Itzhak Dechner
Description: 0.74 Acre 2-Lot Subdivision for residential purposes
Pursuant to Sections 9-3.946, 9-3.1002 and 9-3.1003 of the Municipal Code, notice is hereby given that the City Engineer has reviewed, and, following the Public Notice at City Council, will approve that certain Final Map entitled Parcel Map No. L.D. No. 17-70254, located at 1012 Calle Almendro (Attachment #1), submitted by Itzhak Dechner (developer). Specifically, the City Engineer has caused the map to be examined and has made the following findings:
1. The map substantially conforms to the approved tentati ve map, and any approved alterations thereof and any conditions of approval imposed with said tentative map.
2. The map complies with the provisions of the Subdivision Map Act and any local ordinances applicable at the time of approval of the tentative map.
3. The map is technically correct, pursuant to review by the City Surveyor.
Said map will be finalized and recorded unless a valid appeal is filed within 10 calendar days from public notice of the action, September 13, 2022 City Council meeting. The appeal shall state which of the above findings made by the City Engineer was improper or incorrect, and the basis for that conclusion. If you have any questions about the map approval findings or need additional information about the map or your appeal rights, please contact Nader Heydari , City Engineer, at (805) 449-2392.
PREPARED BY: Nahid Dey, Surveyor
Attachment:
Attachment #1 – Vicinity/Location Map
DPW: 420-59\nd\Council\2022\091322\Public Notice LD 17-70254\1012 Calle Almendro\.docx
Item No.16A
ATTACHMENT #1
LD 2017-70254
VICINITY MAP
LOCATION MAP
Item No.16A