Item 12 - Biennial Review of Mobilehome Rent Stabilization Ordinance and Resolution

Agenda Item No. 12

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Jennifer Crawford, Assistant City Manager/Rent Administratorze- tv Amy Greyson, Assistant City Attorney/Mobilehome Rent Review Commission Attorneyl FOR: City Council Meeting of August 22, 2022
SUBJECT: Biennial Review of Mobilehome Rent Stabilization Ordinance and Resolution (Continued from the 8/8/2022 City Council Meeting)

RECOMMENDATION
That City Council:

Approve first reading, by title only, as read by staff, of Ordinance No. 413, amending Sections

15.20.010, 15.20.020, 15.20.030, 15.20.050, 15.20.060, 15.20.073, 15.20.080, and 15.20.140 of Chapter 15.20 of Title 15 of the Yucaipa Municipal Code ("YMC") Regarding the Mobilehome Rent Stabilization Program and the 2021-2022 Biennial Review; and

2. Adopt Resolution No. 2022-43, amending Resolution No. 2011-52, Sections 2.0001, 2.0003,

2.0004, 2.0005 and 3.0001 of the Administrative Rules for the Implementation of the Yucaipa Mobilehome Rent Stabilization Ordinance.

DISCUSSION
The City of Yucaipa Mobilehome Rent Stabilization Program is codified in Chapter 15.20 of Title 15 of the Yucaipa Municipal Code ("Chapter 15.20 of the YMC", also referred to sometimes as the "Mobilehome Rent Stabilization Ordinance" or the "Ordinance"). Additional procedures to assist in the implementation of the Ordinance are set forth in Administrative Rules for the Implementation of the Yucaipa Mobilehome Rent Stabilization Ordinance (also referred to as the "Administrative Rules"), adopted pursuant to Resolution No. 2011-52 (as previously amended by Resolution No. 2011-60, Resolution No. 2012-02, Resolution No. 2012-58, Resolution No. 2013-50, Resolution No. 2014-55, Resolution No. 2015-52, Resolution No. 2016-44, Resolution No. 2016-45, Resolution No. 2017-41, Resolution No. 2017-48, Resolution No. 2018-43, Resolution No. 2019-04, Resolution No. 2019-34, Resolution No. 2020-10, Resolution No. 2020-17, Resolution No. 2020-56, and Resolution No. 2020- 67). YMC Section 15.20.140 requires that a review of the Ordinance occur biennially to determine whether it is still appropriate and whether there should be any modifications of its provisions.

On July 11, 2022, at a duly noticed public meeting, the City Council conducted the biennial review of the Ordinance and the Administrative Rules and based on comments and proposals submitted by representatives of park owners, park residents, and individual testimony, and deliberation of the City Council, thereafter, directed staff to prepare amendments on seven items that pertain to the Mobilehome -219-

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Rent Stabilization Ordinance and Administrative Rules. The City Council, as part of the biennial review process, directed staff to prepare the following amendments to YMC 15.20 and the Administrative Rules:

Item No. 1 ANNUAL ADJUSTMENTS
Amend YMC §15.20.080(A) and Rules §3.0001(B)(3), to provide that the park owner may increase the rent in each regulated space once annually, by 100% of the increase in CPI, or by a 4% cap of the current space rent, whichever is less.

Item No. 2 RENT ADJUSTMENTS UPON VACANCY -- VACANCY RESULTING

FROM VOLUNTARY ABANDONMENT OR REMOVAL OF

MOBILEHOME OR DESTRUCTION OF MOBILEHOME AND

VOLUNTARY TERMINATION OF TENANCY
Amend YMC § I5.20.050(B) and Rules § 3.0001 to eliminate the cap of $35 and let space rents increase based on the combined average of rent -controlled spaces in the park, for vacancies resulting from Categories #1, #2 or #3; but retain all other existing Ordinance language, including continue to require that upon re - occupancy the space is placed immediately back under rent control and only subject to the permissible annual adjustments or MRRC-approved rent adjustments.

Item No. 3 RENT ADJUSTMENTS UPON VACANCY -- ADJUSTMENTS ON SPACES

THAT HAVE BEEN VACANT BECAUSE THEY HAVE BEEN EMPTY FOR

AN EXTENDED PERIOD OF TIME
Amend the Ordinance to include a definition for a space that is vacant (empty) for more than five consecutive years, and to provide that the base rent following the vacancy will then be determined by the combined average of rent -controlled spaces in the park plus 10%.

Item No. 4 RENT ADJUSTMENTS UPON VACANCY -- VACANCY ADJUSTMENTS

ON SALE OF PARK -OWNED MOBILEHOME TO EXISTING OR NEW

RESIDENT
Amend YMC § 15.20.050(C) to provide that if the park owner sells a park - owned mobilehome to a new resident, the base rent shall be the combined average of rent -controlled spaces in the park plus 10%.

Item No. 5 ANNUAL REGISTRATION FORM REQUIREMENTS
Amend the Ordinance and Rules to clarify that the annual registration form shall include specified information relating to month -to -month spaces, spaces subject to long-term leases, park -owned, manager spaces, and vacant spaces. This amendment would be declarative of existing law as set out in the Ordinance and Rules.
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Item No. 6 SELECTION OF RESIDENT REPRESENTATIVES
Amend the Ordinance to eliminate the resident representative term, once elected, and an election to be held at any time during the term if the representative resigns or is challenged.

Item No. 7 PUBLIC NOTICE/EMAIL NOTICE FOR COMMENT FOR THE BIENNIAL

REVIEW PROCESS
Approved staff recommendation to amend YMC § 15.20.140 as follows (the additions are marked by italic/bold text): `Biennial Review. This chapter shall be reviewed by the City Council in odd -numbered years to determine whether it is still appropriate and whether there should be any modifications of its provisions. The RentAdministrator shall issue notice of the biennial review and submittal deadline to the Resident Representative (or if no representative, posted pursuant to Section 15.20.060) and advertised once in the local adjudicated newspaper."
At the July 11, 2022, Council meeting, staff was directed to return to Council with the appropriate documents that reflect these proposed amendments to YMC 15.20 and the Administrative Rules for Council consideration. Proposed Ordinance No. 413 and proposed Resolution No. 2022-43 are attached to this staff report for consideration and action. In addition, redlined versions of the Ordinance and Resolution showing the changes to existing Ordinance and Administrative Rule provisions are included.

Should the City Council concur with the amendments and introduce Ordinance No. 413 as recommended, staff will return to Council on August 22, 2022, for the second reading of Ordinance No. 413. Ordinance No. 413 and Resolution No. 2022-43 will go into effect 30 days after the approval of the second reading of Ordinance No. 413.

FISCAL IMPACT
None

ENVIRONMENTAL IMPACT
Proposed Ordinance No. 413 and Resolution No. 2022-43 have been reviewed with respect to applicability of the California Environmental Quality Act ("CEQA"), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq., hereafter the "Guidelines"), and the City environmental guidelines. The City has determined that neither the proposed Ordinance amendments nor the proposed Administrative Rules amendments, individually or collectively, is a "project" for purposes of CEQA, as that term is defined by CEQA Guidelines Section 15378.

Specifically, both the Ordinance and Administrative Rules amendments constitute organizational or -221-

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administrative activities of City government that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5)). Therefore, because the Ordinance and Rules amendments are not a project, they are not subject to CEQA's requirements. Further, even if the Ordinance and/or Rules amendments were deemed a project and therefore subject to CEQA, they would be covered by the general rule that CEQA applies only to projects that have the potential to cause a significant effect on the environment. (Guidelines Section 15061(b)(3)). As organizational or administrative activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment, neither the Ordinance nor Rules amendments have the potential to cause a significant effect on the environment and they are each therefore exempt under this general rule. Further, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, and thus the Ordinance and Rules amendments are not subject to CEQA. (Guidelines Section 15061(b)(3)).

Attachments: Ordinance No. 413
Resolution No. 2022-43
Redlined Ordinance No. 413
Redlined Resolution No. 2022-43
Approved by:
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ORDINANCE NO.413

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA AMENDING SECTIONS 15.20.010, 15.20.020, 15.20.030,

15.20.050, 15.20.060, 15.20.073, 15.20.080 AND 15.20.140 OF CHAPTER 15.20 OF TITLE 15 OF THE YUCAIPA MUNICIPAL CODE REGARDING THE
MOBILEHOME RENT STABILIZATION PROGRAM AND THE 2021-2022 BIENNIAL REVIEW.

THE CITY COUNCIL OF THE CITY OF YUCAIPA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Based on the Biennial Review and record presented, which is incorporated herein, and further consideration by the City Council, the City Council finds and determines that additional amendments to the Ordinance and Administrative Rules are necessary in order to protect the interests of park owners and park residents and to preserve the comprehensive scheme for the regulation of space rents in mobilehome parks.

SECTION 2. This Ordinance has been reviewed with respect to applicability of the California Environmental Quality Act ("CEQA"), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq., hereafter the "Guidelines"), and the City's environmental guidelines.

The City has determined that this Ordinance is not a "project" for purposes of CEQA, as that term is defined by Guidelines Section 15378. Specifically, this Ordinance constitutes organizational or administrative activities of City government that will not result in direct or indirect physical changes in the environment. (Guidelines Section 15378(b)(5)). Therefore, because it is not a "project," this Ordinance is not subject to CEQA's requirements. Further, even if this Ordinance were deemed a "project" and therefore subject to CEQA, the Ordinance would be covered by the general rule that CEQA applies only to projects that have the potential to cause a significant effect on the environment. (Guidelines Section 15061(b)(3)). As an organizational or administrative activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment, this Ordinance does not have the potential to cause a significant effect on the environment and is therefore exempt under this general rule. Further, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, and thus this Ordinance is not subject to CEQA. (Guidelines Section 15061(b)(3)).

SECTION 3. Subdivisions (T), (U), and (V) are added to Section 15.20.010 of the Yucaipa Municipal Code, to read as follows:
"T. 1. On January 15, 2020, at a noticed public meeting, the Commission made recommendations to the City Council on proposed amendments to Chapter 15.20 of the YMC and the Administrative Rules pertaining to certain definitions, annual adjustments, rent adjustments upon vacancy, park resident representatives, the Commission, and special rent adjustment application and appeal procedures.

2. On February 26, 2020, March 23, 2020, and April 13, 2020, at a noticed public meeting, the City Council conducted the Biennial Review of the Ordinance and the Administrative Rules, including review and consideration of the Commission's and staff s recommendations and public comments received on the proposed amendments, and thereafter enacted Ordinance No. 390. -223-

3. On April 27, 2020, at a noticed public meeting, the City Council conducted further Biennial Review of the Ordinance and Administrative Rules, including review and consideration of the Commission's and staff s recommendations and public comments received on the proposed amendments, and thereafter enacted Ordinance No. 391.

U. On November 9, 2020 and November 23, 2020, at a noticed public meeting, the City Council reviewed legislative amendments to Civil Code Section 798.17 adopted pursuant to Assembly Bill 2782, Chapter 35, Statutes of 2020 (collectively "AB 2782") phasing out the long-term lease exemption from local rent control ordinances under the Mobilehome Residency Law, and staff s recommendations and public comments received on proposed amendments relating to the determination of annual adjustments for previously exempt spaces in accordance with AB 2782, and thereafter enacted Ordinance No. 397.

V. 1. On May 17, 2022, at a noticed public meeting, the Commission made recommendations to the City Council on proposed amendments to Chapter 15.20 of the YMC and the Administrative Rules, pertaining to annual adjustments, rent adjustments upon vacancy, park resident representatives, park registration procedures, and the biennial review process.

2. On July 11, 2022 and August 8, 2022, at a noticed public meeting, the City Council conducted the Biennial Review of the Ordinance and the Administrative Rules, including review and consideration of the Commission's and staff s recommendations and public comments received on the proposed amendments, and thereafter enacted Ordinance No. 413." SECTION 4. The term "vacancy" in Section 15.20.020 (Definitions) of Chapter 15.20 (Mobilehome Park Rent Stabilization Program) of the Yucaipa Municipal Code is hereby amended to read as follows:
" "Vacancy" means any of the following:

1. Any mobilehome space which is empty because the mobilehome was voluntarily removed by the mobilehome owner who will no longer be a resident of the park. A vacancy under this subsection (1) shall not include a long-term vacant space as defined in subsection (8) of this section; or

2. Any mobilehome space which is empty because the mobilehome was destroyed by fire, flood, earthquake or other natural catastrophe, and the mobilehome owner will no longer be a resident of the park. A vacancy under this subsection (2) shall not include a long-term vacant space as defined in subsection (8) of this section; or

3. Any mobilehome space that is empty because the mobilehome is abandoned in -place, and the park owner gains title and sells the coach to a new resident. A vacancy under this subsection (3) shall not include the abandonment of a mobilehome resulting from an eviction or other involuntary termination of tenancy of the resident, or a long-term vacant space as defined in subsection (8) of this section; or

4. Any "in -place transfer" of a mobilehome (as defined in this section) which remains in a the park; or

5. Any change in occupancy of a mobilehome on the same mobilehome space (but excluding an "abandoned in -place" mobilehome, or an "in -place transfer" of a mobilehome; or 2 -224-

6. Any replacement of a mobilehome on a space with another mobilehome owned or occupied by the same resident(s); or

7. Any change in occupancy or ownership of an existing mobilehome on a space as a result of an eviction or other involuntary termination of tenancy...; or

8. Any long-term vacant space. As used in this section, "long-term vacant space" means a mobilehome space, pad or lot that has been empty (without a coach), for any reason, for more than five consecutive years."
SECTION 5. Subdivision (B) of Section 15.20.030 (Exemptions) of Chapter 15.20 (Mobilehome Park Rent Stabilization Program) of the Yucaipa Municipal Code is hereby amended to read as follows:
"B. The rent regulation provisions of this chapter shall not apply to any space while that space is subject to a lease which exempts that space from rent regulation pursuant to the California Mobilehome Residency Law, Civil Code Section 798 et seq. Upon expiration or termination of such exemption under Civil Code Section 798.17, that space shall become subject to the rent regulations of this chapter."
SECTION 6. Section 15.20.050 (Maximum permitted rent upon space vacancy) of Chapter 15.20 (Mobilehome Park Rent Stabilization Program) of the Yucaipa Municipal Code is hereby amended to read as follows:
"15.20.050 Maximum permitted rent upon space vacancy. A park owner shall not be permitted to charge a new space rent for a mobilehome space upon vacancy except as expressly provided in this section. It is the intent of the city that no rent increase shall be allowed as a result of a vacancy resulting in a change in occupancy of a mobilehome on a space, the replacement of a mobilehome with another mobilehome on the same space and occupied by the same resident, or any in -place transfer of a mobilehome (as defined in Section 15.20.020 of this code), and that such mobilehome spaces shall continue to be subject to the rent control provisions of this chapter unless such space is subject to a long-term lease exempt from rent control pursuant to California Civil Code Section 798.17, or a vacancy adjustment is authorized pursuant to subsections B, C, D or E of this section. No vacancy adjustment shall be imposed pursuant to subdivisions B, C, D or E of this section without the park owner's submittal of a complete application and the prior approval of the RA in accordance with this subdivision and the rules and regulations.

A. Upon "vacancy," as defined in Section 15.20.020, subsection (4), (5), (6), or (7), the park owner shall be prohibited from raising the space rent for that space. No park owner shall impose any space rent in excess of the current rent in effect immediately preceding the vacancy of the space.

B. Upon "vacancy," as defined in Section 15.20.020, subsection (1), (2), (3), or (8), the park owner may increase the last rent in effect on the space prior to such vacancy based on the combined average of rent controlled spaces in the park plus ten percent (10%), provided that space rents prior to the vacancy can be verified by information required on and/or documentation submitted with the annual registration application or annual rent increase application, whichever was approved later. This calculation shall be known as the vacancy adjustment. Any such approved vacancy adjustment shall constitute the new base rent for that space. The new space rent determined in accordance with this subsection B shall become the base rent upon which future rent increases pursuant to this chapter shall be calculated. At the time of rental of that space following a vacancy (as 3 -225-

defined in "vacancy" subsection (1), (2), (3), or (8) of Section 15.20.020), no park owner shall impose any space rent in excess of the last rent in effect immediately preceding the vacancy of the space, as modified by any vacancy adjustment approved by the city in accordance with this subsection for that vacant space. Procedures implementing the vacancy adjustment authorized under this subsection B shall be set forth in the rules and regulations adopted by resolution of the city council.

C. Park Owned Mobilehome Sold to an Existing or New Resident.

1. In the event that a park owned coach is sold to an existing resident (through a rent -to -own agreement or straight purchase) and the coach remains in the park, the base rent shall be either the last regulated space rent charged for the space, if the space was previously subject to this chapter, increased by the annual CPI increases properly charged by the park and any other applicable commission -approved rent increase for the spaces in the park; or if the space was never subject to this chapter, the average of the rents charged for comparable spaces in the park subject to rent control.

2. In the event a park -owned coach is sold to a new resident and the coach remains in the park, the base rent shall be the combined average of rents in the rent -controlled spaces in the park plus ten percent (10%).

D. Spaces Previously Exempt. In the event a space was previously exempt under a lease pursuant to California Civil Code Section 798.17, the base space rent, for purposes of calculating the annual adjustment, shall be the rent in effect as of the date of expiration of the lease, provided that space rents can be verified by information required on, and/or documentation submitted with the annual registration application.

E. Upon occupancy of a vacant space, the park owner shall be prohibited from increasing the space rent, except in compliance with the provisions of Sections 15.20.080 through 15.20.100, concerning annual adjustments, capital improvement rent adjustments, net operating income adjustments and adjustments based on discontinuance of services or amenities.

F. No park owner shall require that a prospective resident sign a lease exempt from this chapter or code as a condition of tenancy.

G. Procedures for application and approval of rent adjustments upon space vacancy shall be in accordance with administrative rules set forth by resolution of the city council." SECTION 7. Section 15.20.060 (Resident representatives) of Chapter 15.20 (Mobilehome Park Rent Stabilization Program) of the Yucaipa Municipal Code is hereby amended in its entirety to read as follows:
"15.20.060 Resident representatives.

A The residents of each mobilehome park in the city shall elect by majority vote, with one vote per regulated space, a resident representative to receive all notices required by this chapter. The elected representative shall continue to serve as park resident representative until his/her resignation or the subsequent election of another resident by the park residents. The residents shall advise the rent administrator of the name, address and phone number of the elected resident representative in writing no later than January 31 st of each year and shall promptly notify the rent administrator of any change of representative. If a resident representative or point of contact is not established, all notices required 4 -226-

by this chapter shall be posted, in the clubhouse, park office and one other location accessible to the residents."
SECTION 8. Subdivisions (A) and (B) of Section 15.20.073 (Registration, posting and fees) of Chapter 15.20 (Mobilehome Park Rent Stabilization Program) of the Yucaipa Municipal Code is hereby amended to read as follows:

15.20.073 Registration, posting and fees.

A. Every mobilehome park, except those exempt pursuant to Section 15.20.030(A), shall file an initial registration statement, on a form provided by the rent administrator.

B. Annual Registration. Every mobilehome park shall file an annual registration statement, on a form provided by the rent administrator and in accordance with the administrative rules adopted pursuant to this chapter, no later than the thirty-first (31 st) day of January each year.

D. Complete Registration Required. The registration statement shall not be accepted as complete unless it includes all information required on the form by the rent administrator, including but not limited to the last names of homeowners/tenants, rents for all spaces in the park (including but not limited to, month -to -month spaces, spaces subject to leases exempted from this chapter under Civil Code Section 798.17, non-exempt leased spaces, spaces occupied by park -owned mobilehomes, spaces occupied by the park manager or other park employees, and rent -to -own spaces), the term of any exempt and non-exempt leases, renewal and/or extension thereof, amount and date of most recent rent increase for each space, all information and documentation that establishes any other exemption from the rent provisions of this chapter, and such other information required by the rules or otherwise deemed necessary by the rent administrator for the implementation and administration of this chapter.

E. Fees. The City Council may adopt fees for the following by resolution:

1. Annual registration fees based on the number of spaces in the mobilehome park to be used for the costs of administering this chapter. Registration fees shall be paid by each park owner to the city for each space, which is not exempt pursuant to Civil Code Section 798.17 or

15.20.030(A) of this code at the time the initial and annual statements are filed.

2. Application fees to cover the costs of processing an application or appeal.

F. A park owner who fails to comply with subsections A, B, C, D and E of this section shall not be entitled to charge, collect, retain or apply for the rent increases permitted by this chapter.

G. The 2004 paramedic special tax, enacted by the voters at the rate of twenty-eight dollars ($28.00) per individual dwelling unit per year, may be collected, commencing on November 1, 2004, 5 -227-

in twelve (12) monthly installments, in an amount not to exceed two dollars and thirty-four cents ($2.34) per month, which may be included with the monthly statement of rent due, but must be separately itemized. The tax shall not be included in the base rent when calculating rent adjustments.

H. A copy of the ordinance codified in this chapter shall be posted in the office of every mobilehome park and in the recreation building or clubhouse of every mobilehome park." SECTION 9. Subdivision (A) of Section 15.20.080 (Annual rent adjustments by administrative application) of Chapter 15.20 (Mobilehome Park Rent Stabilization Program) of the Yucaipa Municipal Code is hereby amended to read as follows:
"A. Except as otherwise provided in subsection B, the rent for a mobilehome space may be increased once every twelve (12) months by the lesser of either four percent of the current space rent as of the date of the complete application, or one -hundred (100) percent of the increase in the CPI during the preceding twelve (12) months, provided that this increase may not be imposed until twelve (12) months after the most recent annual adjustment under this section or an adjustment under Section

15.20.100 in the preceding twelve (12) months."
SECTION 10. Section 15.20.140 (Biennial review) of the Yucaipa Municipal Code is hereby amended in its entirety to read as follows:
"15.20.140 Biennial review.

This chapter shall be reviewed by the city council in odd -numbered years to determine whether it is still appropriate and whether there should be any modifications of its provisions. The Rent Administrator shall issue notice of the biennial review and submittal deadline to the Resident Representative (or if no representative, posted pursuant to Section 15.20.060) and advertised once in the local adjudicated newspaper."
SECTION 11. Existing Law. The amendments to YMC Section 15.20.030(B) set forth in Section 5 of this Ordinance, and the amendments to YMC Section 15.20.073 set forth in Section 8 of this Ordinance, are declarative of existing law. Disclosure of information on all spaces in a park, including but not limited to leased spaces exempt from the rent regulations of YMC Chapter 15.20 under Civil Code Section 798.17, or spaces exempt from YMC Chapter 15.20 under any other provision of law, has been and continues to be necessary in order for the City to monitor and ensure compliance with the rent regulation provisions of Chapter 15.20 of the Municipal Code.

SECTION 11. No Other Amendments. Except as otherwise expressly amended, the provisions of Chapter 15.20 of the Yucaipa Municipal Code shall remain in full force and effect without amendment.

SECTION 12. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance, or any part thereof, is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof, or the validity or effectiveness of any section, subsection, subdivision, paragraph, sentence, clause, or phrase of Chapter

15.20 of Title 15 the Yucaipa Municipal Code as it existed prior to the adoption of this Ordinance. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance irrespective of the fact that one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. To this end, the provisions of this Ordinance are declared to be 6 -228-

severable from any other provision of this Ordinance, and to be severable from any other provision of Chapter 15.20 of Title 15 of the Yucaipa Municipal Code as it existed prior to the adoption of this Ordinance.

SECTION 13. Effective Date. This Ordinance shall take effect thirty (30) days after its final passage.

SECTION 14. Publication and Posting. The City Clerk is hereby directed to cause the following summary of this Ordinance to be published by two (2) insertions in the Yucaipa News Mirror, a newspaper of general circulation that is printed, published, and circulated in the City of Yucaipa, and hereby designated for that purpose by said Council of the City of Yucaipa:
"Ordinance No. 413 amends Yucaipa Municipal Code Chapter 15.20, "Mobilehome Park Rent Stabilization Program" pursuant to the Biennial Review conducted by the Yucaipa City Council on February 26, 2020. In order to adequately protect the interests of park owners and park residents and to preserve the comprehensive scheme for the regulation of space rents in mobilehome parks, the following amendments were approved:

A. Amend Yucaipa Municipal Code Section 15.20.020, to add definition of "long-term vacant space" which means a space that is empty for at least five consecutive years.

B. Amend Yucaipa Municipal Code Section 15.20.050(B) (rent adjustments upon vacancy) to modify the limited rent adjustment allowed upon a vacancy resulting from voluntary abandonment or removal of a mobilehome or destruction of a mobilehome and voluntary termination of tenancy. The modification includes removal of the $35 cap, and to provide that the rent adjustment shall be based on the combined average of rent controlled spaces in the park plus ten percent (10%).

C. Amend Yucaipa Municipal Code Section 15.20.050(C) (rent adjustments upon vacancy) to provide that if the park owner sells a park -owned mobilehome to a new resident, the base rent shall be the combined average of rent -controlled spaces in the park plus 10%.

D. Amend Yucaipa Municipal Code Section 15.20.050 to provide that upon re -occupancy of a long-term vacant space, the base rent following the vacancy will be determined by the combined average of rent -controlled spaces in the park plus 10%.

E. Amend Yucaipa Municipal Code Section 15.20.060 to eliminate the annual election requirement for park resident representatives, and to instead provide that once elected, the resident representative shall serve until he/she resigns as park resident representative or an election is held by the park residents at which another individual is elected to serve as park resident representative in his/her place.

F. Amend Yucaipa Municipal Code Section 15.20.073 to clarify, as declarative of existing law, that each park owner is required to complete and submit a park registration packet annually and provide all information required by the registration form, including information on all spaces in the park whether or not exempt from the rent -control provisions of the Ordinance. 7 -229-

G. Amend Yucaipa Municipal Code Section 15.20.080(B) to provide that the park owner may increase the rent in each regulated space once annually, by 100% of the increase in CPI, or by a 4% cap of the current space rent, whichever is less.

H. Amend Yucaipa Municipal Code Section 15.20.140 (Biennial review) to add language providing that the Rent Administrator shall issue notice of the biennial review and submittal deadline to the Resident Representative (or if no representative, posted pursuant to Section

15.20.060) and advertised once in the local adjudicated newspaper.

PASSED, APPROVED and ADOPTED on this day of , 2022.

ATTEST:

Jennifer Crawford, City Clerk
APPROVED AS TO FORM:

David M. Snow, City Attorney
David Avila, Mayor
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RESOLUTION NO. 2022-43

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, AMENDING RESOLUTION NO. 2011-52, SECTIONS

2.0001, 2.0003, 2.0004, 2.0005 AND 3.0001 OF THE ADMINISTRATIVE

RULES FOR THE IMPLEMENTATION OF THE YUCAIPA
MOBILEHOME RENT STABILIZATION ORDINANCE.

WHEREAS, the City Council of the City of Yucaipa has adopted a Mobilehome Rent Stabilization Ordinance codified in Chapter 15.20 of Title 15 of the Yucaipa Municipal Code ("Chapter 15.20 of the YMC" and also referred to sometimes as the "Mobilehome Rent Stabilization Ordinance" or the "Ordinance"); and
WHEREAS, the City Council has adopted Administrative Rules for the Implementation of the Yucaipa Mobilehome Rent Stabilization Ordinance, pursuant to Resolution No. 2011-52 as amended by Resolution No. 2011-60, Resolution No. 2012-02, Resolution No. 2013-50, Resolution No. 2014-55, Resolution No. 2015-52, Resolution No. 2016-44, Resolution No. 2016- 45, Resolution No. 2017-41, Resolution No. 2017-48, Resolution No. 2018-43, Resolution No. 2019-04, Resolution No. 2019-34, Resolution No. 2020-10, Resolution No. 2020-17, Resolution No. 2020-56, Resolution No. 2020-67 and Resolution No. 2021-52 (also referred to sometimes as the "Administrative Rules"); and
WHEREAS, on May 17, 2022, at a noticed public meeting, the Mobilehome Rent Review Commission ("Commission") made recommendations to the City Council on proposed amendments to Chapter 15.20 of the YMC and Administrative Rules pertaining to annual adjustments, rent adjustments upon vacancy, park resident representatives, park registration procedures and the biennial review process; and
WHEREAS, on July 11, 2022 and August 8, 2022, at a noticed public meeting, the City Council considered the recommendations of staff and the Commission with respect to proposed amendments to Chapter 15.20 of the YMC and Administrative Rules; and WHEREAS, based on the record presented, which is incorporated herein, the City Council found and determined that certain amendments to the Ordinance, as set forth in Ordinance No. 413, and the Administrative Rules as set forth in this Resolution, are necessary in order to protect the interests of park owners and park residents and to preserve the comprehensive scheme for the regulation of space rents in mobilehome parks; and
WHEREAS, this Resolution has been reviewed with respect to applicability of the California Environmental Quality Act ("CEQA"), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq., hereafter the "Guidelines"), and the City's environmental guidelines. The City has determined that this Resolution is not a "project" for purposes of CEQA, as that term is defined by Guidelines Section 15378. Specifically, this Resolution constitutes organizational or administrative activities of City government that will not result in direct or indirect physical changes in the environment. (Guidelines Section 15378(b) (5)).

Therefore, because it is not a "project," this Resolution is not subject to CEQA's requirements.

Further, even if this Resolution were deemed a "project" and therefore subject to CEQA, the Resolution No. 2022-43 Page 1
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Resolution would be covered by the general rule that CEQA applies only to projects that have the potential to cause a significant effect on the environment. (Guidelines Section 15061 (b) (3)). As an organizational or administrative activity which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment, this Resolution does not have the potential to cause a significant effect on the environment and is therefore exempt under this general rule. Further, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, and thus this Resolution is not subject to CEQA. (Guidelines Section 15061(b) (3)).

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1. Section 2.0001 of Chapter 2 of the Administrative Rules is hereby amended to read as follows:
"2.0001. PURPOSE
The purpose of mobilehome park registration is to enable the RA and Commission to control and monitor rents as mandated by the YMC. Park owner registration will provide the RA and Commission with information necessary to facilitate the implementation of the YMC and these Administrative Rules." Section 2. Section 2.0003 of Chapter 2 of the Administrative Rules is hereby amended to read as follows:
"2.0003. LEASED SPACES
A. Exempt under Civil Code Section 798.17. In the event a mobilehome park owner believes that his/her park contains any space which is subject to a lease, which exempts that space from rent regulation pursuant to the California Mobilehome Residency Law (Civil Code Section 798, et seq.), the park owner shall submit information on the registration form setting forth the duration of each lease, current space rents, effective date of most recent rent increase, lease execution dates, lease expiration dates, last names of the homeowners/tenants of each leased space, all other information required by Sections 2.0004 and 2.0005, and any other information determined to be necessary by the RA to demonstrate compliance with Civil Code Sections 798 et seq.

In the event that a resident or park owner questions the terms of a long-term lease or whether the lease is exempt from the rent regulation provisions of YMC Chapter 15.20, he/she may request that the RA review the terms to determine whether it satisfies the requirements for a long-term lease exemption from rent control.

Page 2 ends

Section 3.

Section 4.
registration form setting forth the duration of each lease, current space rents determined in accordance with YMC Chapter 15.20, effective date of most recent rent increase, lease execution dates, lease expiration dates, last names of the homeowners/tenants of each space, all other information required by Sections

2.0004 and 2.0005, and any other information determined to be necessary by the RA to demonstrate compliance with Civil Code Sections 798 et seq., YMC Chapter

15.20, and these Rules."
Section 2.0004 of Chapter 2 of the Administrative Rules is hereby amended to read as follows:
"2.0004. SUBMISSION OF COMPLETE INFORMATION REQUIRED
A registration form shall be accepted for filing by the RA only if it contains all information required by the YMC and these Administrative Rules, including but expressly not limited to the required registration fee, affidavit or declaration under penalty of perjury, and all information required by YMC Section 15.20.073 and this chapter. No park owner shall be permitted to apply for any rent adjustment until the RA has accepted the park registration form."
Section 2.0005 of Chapter 2 of the Administrative Rules is hereby amended to read as follows:
"2.0005. TIMES WHEN REGISTRATION IS REQUIRED;

REGISTRATION CONTENTS
Registration is required at the following times:

A. Initial Registration. Initial registration is required on or before January 31, 1991, within thirty (30) days after the effective date of the Ordinance.

B. Annual Registration. Annual registration is due no later than the 31 st day of January each year and shall include the items listed in this Subdivision.

Except as otherwise expressly provided, the following information shall be provided for all spaces in the park, including but not limited to, month -to -month spaces, leased spaces (exempt and non-exempt), spaces occupied by park -owned mobilehomes, spaces occupied by park managers and/or other employees, rent -to - own spaces, and spaces claimed to be exempt from the Ordinance under any other provision of state law:

1. The rents charged for every space in the park.

2. The services/utilities provided as part of the rent.

3. The services/utilities charged separately from the rent.

4. List of amenities provided in park.

Resolution No. 2022-43
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Page 3 ends

5. The last names of the homeowners/tenants of every space in the park.

6. List of leased spaces (exempt and non-exempt pursuant to Civil Code Section 798.17) and all information required by Section 2.0003.

7. A registration fee worksheet.

Registration fee.

9. Significant maintenance performed in the preceding year.

C. New Lease/Extended Lease Registration. New leases, and existing leases that are renewed or otherwise extended, shall be governed by YMC Section

15.20.073(C)."
Section 5. Section 3.0001(A)(5) of Chapter 3 of the Administrative Rules is hereby amended to read as follows:
"5. Space vacancies pursuant to YMC Section 15.20.050(B). In the event that the application includes a vacant space upon which there is no mobilehome, pursuant to YMC Section 15.20.050 (B) (based on a "vacancy" as defined in subsection (1), (2), (3) or (8) of YMC Section 15.20.020), the last rent in effect prior to the space becoming vacant, or the last rent authorized by the City pursuant to any prior Annual Adjustment, whichever was approved later, shall be provided in the application. In the event no rent has ever been charged for that vacant space, or the last rent charged is unknown, the application should so indicate. As used in this section 3.0001, the phrase "the last rent charged" shall mean the last rent, which was actually paid by the most recent resident of that space prior to its vacancy. a. In the event that there is no prior last rent charged for that vacant space, or the rent which was actually paid is unknown, or the park owner otherwise fails to document the last rent charged for the vacant space, the initial base rent to be listed for the vacant space in the application shall be determined using the vacancy adjustment formula set forth in Section 3.0001(H) of these Rules. b. Space rents listed for vacant spaces in the application shall be verified by the RA using information required on, and/or documentation submitted with applicable Schedules of the Annual Registration Application, or the most recent City -approved annual adjustment application, whichever was approved later.

Resolution No. 2022-43
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Page 4 ends

"B. Method of Calculation. The Annual Adjustment for each space shall be determined in accordance with the following formula:

1. The prior CPI shall be determined. As determined herein, "Prior CPI" shall mean the CPI used in approving the prior Annual Adjustment or MNOI Adjustment (or in effect on the date of the vacancy adjustment).

2. The current CPI shall be determined. As used herein, "Current CPI" shall mean the CPI most recently available as of the date the application is determined to be complete.

3. The CPI used in the Annual Adjustment shall then be subtracted from the current CPI. The resulting sum shall be multiplied by 100. The resulting sum shall then be divided by the prior CPI. The resulting sum shall then be multiplied by 100%. The result or 4% of current space rent, whichever is less, shall be referred to as the "CPI Increase".

4. Each space rent, as determined pursuant to the last approved adjustment, shall be multiplied by the CPI increase to arrive at the new rent for the space.

5. For any vacant space (based on a "vacancy" as defined in subsection (1), (2), (3) or (8) of YMC Section 15.20.020, the initial base rent determined using the vacancy adjustment formula set forth in Section 3.0001(H) of these Rules shall be inserted on the Annual Adjustment form as the current rent for the vacant space as of the date of application. The initial base rent shall then be multiplied by the CPI increase determined pursuant to subsections (1) through (3) of this Subsection B, and the resulting sum shall be inserted in the application as the new rent to be charged for the vacant space if re -rented prior to the next Annual Adjustment. The anniversary date for the Annual Adjustment shall remain the same anniversary date as in effect prior to the vacancy. In the first year of occupancy following re -rental only, the applicable anniversary date may result in an Annual Adjustment imposed less than 12 months prior to the date of re -rental.

6. For any space that was previously exempt from rent control pursuant to a long-term lease under Civil Code Section 798.17, and for which the long-term lease has expired or terminated or the rent control exemption has terminated as required by Civil Code Section 798.17, the determination of the initial Annual Adjustment following termination of the rent control exemption shall be determined in accordance with this subsection (6). The last rent in effect under the long-term lease shall be inserted on the Annual Adjustment form as the current rent for the formerly exempt space as of the date of application. The "prior CPI" shall then be determined. "Prior CPI" shall mean the CPI in effect on the date that the last rent increase was imposed under the long-term lease. The "current CPI" shall be determined in accordance with Subsection (2). The prior CPI shall then be subtracted from the current CPI. The resulting sum shall be multiplied by 100. The resulting sum shall then be divided by the prior CPI. The resulting sum shall then Resolution No. 2022-43
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Page 5 ends

be multiplied by 100%. The result or 4% of current space rent, whichever is less, shall be referred to as the "initial CPI Increase" for the previously exempt space.

Subsequent Annual Adjustments shall be calculated in accordance with subsections (1) through (3) of this Section 3.0001(B).

Section 7. Section 3.0001(G) of Chapter 3 of the Administrative Rules is hereby amended to read as follows:
"G. Park Owned Mobile Home Sold to an Existing or New Resident. As established pursuant to YMC Section 15.20.050(C)."
Section 8. Section 3.0001(H) of Chapter 3 of the Administrative Rules is hereby amended to read as follows:
"H. Vacant Spaces (Vacancy Category Nos. (1), (2), (3), or 8)). In accordance with YMC Section 15.20.050(B), upon "vacancy", as defined in YMC Section

15.20.020, subsection (1), (2), (3), or (8), the park owner may increase the space rent on that mobilehome space by a vacancy adjustment in accordance with the following provisions.

1. Application for a vacancy adjustment pursuant to YMC Section

15.20.050(B) and this subsection shall be made to the RA. The RA shall grant the application within ten (10) days of receipt of a complete application if it complies with this subsection. If the application is incomplete or does not comply with this subsection, the RA shall notify the applicant in writing of the reasons it is incomplete or does not comply with this subsection within ten (10) days of receipt of the application. The RA's decision approving a vacancy rent adjustment pursuant to YMC Section 15.20.050(B) and this section shall be final upon the date that the RA mails, by first-class mail, postage prepaid, a copy of the RA's decision, along with an affidavit of mailing, to the park owner.

2. The vacancy adjustment shall be calculated by the RA in accordance with the following provisions.
a. Step One: The combined average of all rent -controlled spaces in the park shall be determined, using the rents listed in the most recent City - approved annual registration form or Annual Adjustment, whichever was approved later. The RA shall thereafter add ten percent (10%) to the average rent determined pursuant to this subparagraph. The sum shall constitute the vacancy rent adjustment for the space. The sum shall constitute the new base rent for the space. b. Step Two: The amount determined in Step One shall be set forth in the RA's decision issued to the park owner pursuant to subsection (1) of this Section 3.0001(H).

C. Notwithstanding subparagraphs (a) and (b), a park owner shall be entitled to only one vacancy rent adjustment for each annual adjustment Resolution No. 2022-43 Page 6
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period following the occurrence of each vacancy under YMC Section

15.20.050(B).

3. Thereafter, the new space rent determined in accordance with this subdivision (H) shall become the base rent upon which future rent adjustments pursuant to the Ordinance shall be calculated for that space." Section 9. Sections 1 through 4 of this Resolution are declarative of existing law.

Section 10. All provisions of the Administrative Rules except as expressly amended by this Resolution No. 2022-43, shall remain in full force and effect without amendment.

Section 11. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Resolution, or any part thereof, is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof, or the validity or effectiveness of any section, subsection, subdivision, paragraph, sentence, clause, or phrase of the Administrative Rules as they existed prior to the adoption of this Resolution. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Resolution irrespective of the fact that one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. To this end, the provisions of this Resolution are declared to be severable from any other provision of this Resolution, and to be severable from any other provision of the Administrative Rules as they existed prior to the adoption of this Resolution.

Section 12. This Resolution shall take effect upon the effective date of Ordinance No. 413 Section 13. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED the 22°d day of August, 2022.

David Avila, Mayor
ATTEST:

Jennifer Crawford
City Clerk
Resolution No. 2022-43 Page 7
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LEGISLATIVE HISTORY
(additions marked by italics/bold text and
deletions marked by strike outs)
ORDINANCE NO.413

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA AMENDING SECTIONS 15.20.010, 15.20.020, 15.20.030,

THE CITY COUNCIL OF THE CITY OF YUCAIPA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 3. Subdivisions (T), (U), and (V) are added to Section 15.20.010 of the Yucaipa Municipal Code, to read as follows:
"T. 1. On January 15, 2020, at a noticed public meeting, the Commission made recommendations to the City Council on proposed amendments to Chapter 15.20 of the YHC and the Administrative Rules pertaining to certain definitions, annual adjustments, rent adjustments upon vacancy, park resident representatives, the Commission, and special rent adjustment application and appeal procedures.
1 -238-

2. On February 26, 2020, March 23, 2020, and April 13, 2020, at a noticed public meeting, the City Council conducted the Biennial Review of the Ordinance and the Administrative Rules, including review and consideration of the Commission's and staffs recommendations and public comments received on the proposed amendments, and thereafter enacted Ordinance No. 390.

3. On April 27, 2020, at a noticed public meeting, the City Council conducted further Biennial Review of the Ordinance and Administrative Rules, including review and consideration of the Commission's and staffs recommendations and public comments received on the proposed amendments, and thereafter enacted Ordinance No. 391.

U. On November 9, 2020 and November 23, 2020, at a noticed public meeting, the City Council reviewed legislative amendments to Civil Code Section 798.17 adopted pursuant to Assembly Bill 2782, Chapter 35, Statutes of 2020 (collectively "AB 2782'9 phasing out the long-term lease exemption from local rent control ordinances under the Mobilehome Residency Law, and staffs recommendations and public comments received on proposed amendments relating to the determination of annual adjustments for previously exempt spaces in accordance with AB 2782, and thereafter enacted Ordinance No. 397.

V 1. On May 17, 2022, at a noticed public meeting, the Commission made recommendations to the City Council on proposed amendments to Chapter 15.20 of the YMC and the Administrative Rules, pertaining to annual adjustments, rent adjustments upon vacancy, park resident representatives, park registration procedures, and the biennial review process.

2. On July 11, 2022 and August 8, 2022, at a noticed public meeting, the City Council conducted the Biennial Review of the Ordinance and the Administrative Rules, including review and consideration of the Commission's and staffs recommendations and public comments received on the proposed amendments, and thereafter enacted Ordinance No. 413." SECTION 4. The term "vacancy" in Section 15.20.020 (Definitions) of Chapter 15.20 (Mobilehome Park Rent Stabilization Program) of the Yucaipa Municipal Code is hereby amended to read as follows:
" "Vacancy" means any of the following:

4. Any "in -place transfer" of a mobilehome (as defined in this section) which remains in a the park; or

5. Any change in occupancy of a mobilehome on the same mobilehome space (but excluding an "abandoned in -place" mobilehome, or an "in -place transfer" of a mobilehome; or

6. Any replacement of a mobilehome on a space with another mobilehome owned or occupied by the same resident(s); or

7. Any change in occupancy or ownership of an existing mobilehome on a space as a result of an eviction or other involuntary termination of tenancy.; or

8. Any long-term vacant space. As used in this section, "long-term vacant space" means a mobilehome space, pad or lot that has been empty (without a coach), for any reason, for more than five consecutive years."
SECTION 5. Subdivision (B) of Section 15.20.030 (Exemptions) of Chapter 15.20 (Mobilehome Park Rent Stabilization Program) of the Yucaipa Municipal Code is hereby amended to read as follows:
"B. The rent regulation provisions of this chapter shall not apply to any space while that space is subject to a lease which exempts that space from rent regulation pursuant to the California Mobilehome Residency Law, Civil Code Section 798 et seq. Upon expiration or termination of such exemption under Civil Code Section 798.17, that space shall become subject to the rent regulations of this chapter."
SECTION 6. Section 15.20.050 (Maximum permitted rent upon space vacancy) of Chapter 15.20 (Mobilehome Park Rent Stabilization Program) of the Yucaipa Municipal Code is hereby amended to read as follows:
"15.20.050 Maximum permitted rent upon space vacancy. A park owner shall not be permitted to charge a new space rent for a mobilehome space upon vacancy except as expressly provided in this section. It is the intent of the city that no rent increase shall be allowed as a result of a vacancy resulting in a change in occupancy of a mobilehome on a space, the replacement of a mobilehome with another mobilehome on the same space and occupied by the same resident, or any in -place transfer of a mobilehome (as defined in Section 15.20.020 of this code), and that such mobilehome spaces shall continue to be subject to the rent control provisions of this chapter unless such space beeemesis subject to a long-term lease exempt from rent control pursuant to California Civil Code Section 798.17, or a vacancy adjustment is authorized pursuant to subsections B, or--C, D or E of this section.

No vacancy adjustment shall be imposed pursuant to subdivisions B, er—C, D or E of this section without the park owner's submittal of a complete application and the prior approval of the RA in accordance with this subdivision and the rules and regulations.

B. Upon "vacancy," as defined in Section 15.20.020, subsection (1), (2), 0r-(3), or (8), the park owner may increase the last rent in effect on the space prior to such vacancy based on either- the combined average of rent controlled spaces in the park plus ten percent (10%), ^r (ii) $35 (thirty 3 -240-

five dollaf`, w' iehever is less, provided that space rents prior to the vacancy can be verified by information required on and/or documentation submitted with the annual registration application or annual rent increase application, whichever was approved later. This calculation shall be known as the vacancy adjustment. Any such approved vacancy adjustment shall constitute the new base rent for that space. The new space rent determined in accordance with this subsection B shall become the base rent upon which future rent increases pursuant to this chapter shall be calculated. At the time of rental of that space following a vacancy (as defined in "vacancy" subsection (1), (2), or-(3), or (8) of Section

15.20.020), no park owner shall impose any space rent in excess of the last rent in effect immediately preceding the vacancy of the space, as modified by any vacancy adjustment approved by the city in accordance with this subsection for that vacant space. Procedures implementing the vacancy adjustment authorized under this subsection B shall be set forth in the rules and regulations adopted by resolution of the city council.

C. Park Owned Mobilehome Sold to an Existing or New Resident

F. No park owner shall require that a prospective resident sign a lease exempt from this chapter or code as a condition of tenancy.

A The residents of each mobilehome park in the city shall select by majority vote, with one vote per regulated space, a resident representative to receive all notices required by this chapter. The elected representative shall continue to serve as park resident representative until his/her resignation or the subsequent election of another resident by the park residents. The residents shall advise the rent administrator of the name, address and phone number of the elected resident representative in writing no later than January 31 st of each year and shall promptly notify the rent administrator of any change of representative. If a resident representative or point of contact is not established, all notices required by this chapter shall be posted, in the clubhouse, park office and one other location accessible to the residents."
SECTION 8. Subdivisions (A) and (B) of Section 15.20.073 (Registration, posting and fees) of Chapter 15.20 (Mobilehome Park Rent Stabilization Program) of the Yucaipa Municipal Code is hereby amended to read as follows:

15.20.073 Registration, posting and fees.

A. Every mobilehome park, except those exempt pursuant to Section 15.20.030(A), shall file an initial registration statement, on a form provided by the rent administrator.

C. New/Extended Lease Registration. Every park owner shall file a statement on a form provided by the rent administrator whenever (1) a new lease is executed after the City's approval of the prior year's annual registration statement or (2) an existing lease is renewed or extended after the City's approval of the prior year's annual registration statement. The lease registration statement shall include the duration of the new, renewed or extended leaseter fis, new lease execution and expiration dates, renewal/extension execution and expiration dates, current space rent determined under this Chapter, last names of homeowners/tenants, and any other information required by the rules or otherwise deemed necessary by the rent administrator for the implementation and administration of this chapter. sen4ees- and —Fen fate -€o a spaernanges pursuant to a new-, of renewed lease A4ioh is exempted ffom this ehaptef pursuant to Givil Code D. Complete Registration Required The registration statement shall not be accepted as complete unless it includes all information required on the form by the rent administrator, including but not limited to the last names of homeowners/tenants, rents for all spaces in the park (including but not limited to, month -to -month spaces, spaces subject to leases exempted from this chapter under Civil Code Section 798.17, non-exempt leased spaces, spaces occupied by park -owned mobilehomes, spaces occupied by the park manager or other park employees, and rent -to -own spaces), the term of any exempt and non-exempt leases, renewal and/or extension thereof, amount and date of most recent rent increase for each space, all information and documentation that establishes any other exemption from the rent provisions of this chapter, and such other information required by the rules or otherwise deemed necessary by the rent administrator for the implementation and administration of this chapter.

OE. Fees. The City Council may adopt fees for the following by resolution:
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15.20.030(A) of this code at the time the initial and annual statements are filed.

2. Application fees to cover the costs of processing an application or appeal. £F. A park owner who fails to comply with subsections A, B, C, andD and E of this section shall not be entitled to charge, collect, retain or apply for the rent increases permitted by this chapter.

FG. The 2004 paramedic special tax, enacted by the voters at the rate of twenty-eight dollars ($28.00) per individual dwelling unit per year, may be collected, commencing on November 1, 2004, in twelve (12) monthly installments, in an amount not to exceed two dollars and thirty-four cents ($2.34) per month, which may be included with the monthly statement of rent due, but must be separately itemized. The tax shall not be included in the base rent when calculating rent adjustments.

GH. A copy of the ordinance codified in this chapter shall be posted in the office of every mobilehome park and in the recreation building or clubhouse of every mobilehome park." SECTION 9. Subdivision (A) of Section 15.20.080 (Annual rent adjustments by administrative application) of Chapter 15.20 (Mobilehome Park Rent Stabilization Program) of the Yucaipa Municipal Code is hereby amended to read as follows:
"A. Except as otherwise provided in subsection B, the rent for a mobilehome space may be increased once every twelve (12) months by the lesser of either four percent of the current space rent as of the date of the complete application, or eighty (80)one-hundred (100) percent of the increase in the CPI during the preceding twelve (12) months, provided that this increase may not be imposed until twelve (12) months after the most recent annual adjustment under this section or an adjustment under Section 15.20.100 in the preceding twelve (12) months." SECTION 10. Section 15.20.140 (Biennial review) of the Yucaipa Municipal Code is hereby amended in its entirety to read as follows:

15.20.140 Biennial review.

SECTION 11. No Other Amendments. Except as otherwise expressly amended, the provisions of Chapter 15.20 of the Yucaipa Municipal Code shall remain in full force and effect without amendment.

SECTION 13. Effective Date. This Ordinance shall take effect thirty (30) days after its final passage.

A. Amend Yucaipa Municipal Code Section 15.20.020, to add definition of "long-term vacant space" which means a space that is empty for at least five consecutive years.

15.20.060) and advertised once in the local adjudicated newspaper.

PASSED, APPROVED and ADOPTED on this day of , 2022.

ATTEST:

Jennifer Crawford, City Clerk
APPROVED AS TO FORM:

David M. Snow, City Attorney
David Avila, Mayor
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LEGISLATIVE HISTORY
(additions marked by italics/bold text and
deletions marked by strike
RESOLUTION NO. 2022-43

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, AMENDING RESOLUTION NO. 2011-52, SECTIONS

2.0001, 2.0003, 2.0004, 2.0005 AND 3.0001 OF THE ADMINISTRATIVE

RULES FOR THE IMPLEMENTATION OF THE YUCAIPA
MOBILEHOME RENT STABILIZATION ORDINANCE.

Resolution constitutes organizational or administrative activities of City government that will not result in direct or indirect physical changes in the environment. (Guidelines Section 15378(b) (5)).

Therefore, because it is not a "project," this Resolution is not subject to CEQA's requirements.

Further, even if this Resolution were deemed a "project" and therefore subject to CEQA, the Resolution would be covered by the general rule that CEQA applies only to projects that have the potential to cause a significant effect on the environment. (Guidelines Section 15061 (b) (3)). As an organizational or administrative activity which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment, this Resolution does not have the potential to cause a significant effect on the environment and is therefore exempt under this general rule. Further, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, and thus this Resolution is not subject to CEQA. (Guidelines Section 15061(b) (3)).

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1. Section 2.0001 of Chapter 2 of the Administrative Rules is hereby amended to read as follows:
"2.0001. PURPOSE
The purpose of mobilehome park registration is to enable the RA and Commission to control and monitor rents as mandated by the YMC. Park owner registration will provide the RA and Commission with information necessary to facilitate the implementation of the YMC and these Administrative Rules." Section 2. Section 2.0003 of Chapter 2 of the Administrative Rules is hereby amended to read as follows:
"2.0003. LEASED SPACES
A. Exempt under Civil Code Section 798.17. In the event a mobilehome park owner believes that his/her park contains any space which is subject to a lease, which exempts that space from rent regulation pursuant to the California Mobilehome Residency Law (Civil Code Section 798, et seq.), the park owner shall submit information on the registration form setting forth the duration of each lease terms, current space rents, effective date of most recent rent increase, l e i for- rental i lease execution dates, and lease expiration dates, last names of the homeowners/tenants of each leased space, all other information required by Sections 2.004 and 2.0005, and any other information determined to be necessary by the RA to demonstrate compliance with Civil Code Sections 798 et seq.

Resolution No. 2022-43 Page 2
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B. Non -Exempt Leased Space. For any space that was previously exempt from rent regulation under YMC Chapter 15.20 but such exemption has expired or terminated based on Civil Code Section 798.17 as amended by Assembly Bill 2782 (Chapter 35, Statutes of 2020), the park owner shall submit information on the registration form setting forth the duration of each lease, current space rents determined in accordance with YMC Chapter 15.20, effective date of most recent rent increase, lease execution dates, lease expiration dates, last names of the homeowners/tenants of each space, all other information required by Sections

2.0004 and 2.0005, and any other information determined to be necessary by the RA to demonstrate compliance with Civil Code Sections 798 et seq., YMC Chapter

15.20, and these Rules."
Section 3. Section 2.0004 of Chapter 2 of the Administrative Rules is hereby amended to read as follows:
"2.0004. SUBMISSION OF COMPLETE INFORMATION REQUIRED
A registration form shall be accepted for filing by the RA only if it contains all information required by the YMC and these Administrative Rules, including but expressly not limited to the required registration fee, affidavit or declaration under penalty of perjury, and all information required by YMC Section 15.20.073 and this chapter„a !eased space infer atio . No park owner shall be permitted to apply for any rent adjustment until the RA has accepted the park registration form." Section 4. Section 2.0005 of Chapter 2 of the Administrative Rules is hereby amended to read as follows:
"2.0005. TIMES WHEN REGISTRATION IS REQUIRED; REGISTRATION

CONTENTS
Registration is required at the following times:

A. Initial Registration. Initial registration is required on or before January 31, 1991, within thirty (30) days after the effective date of the Ordinance.

B. Annual Registration. Annual registration is due no later than the 31 st day of January each year and shall include the items listed in this Subdivision €ellewing it Except as otherwise expressly provided, the following information shall be provided for all spaces in the park, including but not limited to, month -to -month spaces, leased spaces (exempt and non-exempt), spaces occupied by park -owned mobilehomes, spaces occupied by park managers and/or other employees, rent -to -own spaces, and spaces claimed to be exempt from the Ordinance under any other provision of state law:

The rents charged for eaeh every space in the park.

2. The services/utilities provided as part of the rent.

Resolution No. 2022-43 Page 3
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3. The services/utilities charged separately from the rent.

4. List of amenities provided in park.

The last names of the homeowners/tenants of every space in the park.

6. Wieh spaeesare esto long -terx3 lease, pufsuapA to
California Civil Code-Seetions 798 et-seq , and the nlease -terms, rents, for- rental ifier-eases,- and -exeetition- and ex-pir-ation da4es, for- lease —List of leased spaces (exempt and non-exempt pursuant to Civil Code Section 798.17) and all information required by Section 2.0003.

67. A registration fee worksheet.
-8. Registration fee.

99. Significant maintenance performed in the preceding year.

C. New Lease /mod Extended Lease Registration. Pufsuai4 to New leases, and existing leases that are renewed or otherwise extended, shall be governed by YMC Section 15.20.073(C)."
Section 5. Section 3.0001(A)(5) of Chapter 3 of the Administrative Rules is hereby amended to read as follows:
465. Space vacancies pursuant to YMC Section 15.20.050(B). In the event that the application includes a vacant space upon which there is no eoae-lhinobilehome, pursuant to YMC Section 15.20.050 (B) (based on a "vacancy" as defined in subsection (1), (2), o�(3), or (8) of YMC Section 15.20.020), the last rent in effect prior to the space becoming vacant, or the last rent authorized by the City pursuant to any prior &Annual aAdjustment, whichever was approved later, shall be provided in the application. In the event no rent has ever been charged for that vacant space, or the last rent charged is unknown, the application should so indicate. As used in this section 3.0001, the phrase "the last rent charged" shall mean the last rent, which was actually paid by the most recent resident of that space prior to its vacancy. a. In the event that there is no prior last rent charged for that vacant space, or the rent which was actually paid is unknown, or the park owner otherwise fails to document the last rent charged for the vacant space, the initial base rent to be listed for the vacant space in the application shall be determined using the vacancy adjustment formula set forth in Section 3.0001(H) of these Rules. b. Space rents listed for vacant spaces in the application shall be verified by the RA using information required on, and/or documentation submitted with applicable Schedules of the Annual Registration Application, or the most recent City -approved annual adjustment application, whichever was approved later.

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C. The initial base rent for that vacant space as approved by the RA pursuant to subsection (a) shall be used in determining any subsequent rent adjustments authorized under the YMC."
Section 6. Section 3.0001(B) of Chapter 3 of the Administrative Rules is hereby amended to read as follows:
"13. Method of Calculation. The Annual Adjustment for each space shall be determined in accordance with the following formula:

2. The current CPI shall be determined. As used herein, "Current CPI" shall mean the CPI most recently available as of the date the application is determined to be complete.

3. The CPI used in the Annual Adjustment shall then be subtracted from the current CPI. The resulting sum shall be multiplied by 100. The resulting sum shall then be divided by the prior CPI. The resulting sum shall then be multiplied by 8"100%. The result or 4% of current space rent, whichever is less, shall be referred to as the "CPI Increase".

4. Each space rent, as determined pursuant to the last approved adjustment, shall be multiplied by the CPI increase to arrive at the new rent for the space.

5. For any vacant space (based on a "vacancy" as defined in subsection (1), (2), er (3), or (8) of YMC Section 15.20.020, the initial base rent determined using the vacancy adjustment formula set forth in Section 3.0001(H) of these Rules shall be inserted on the Annual Adjustment form as the current rent for the vacant space as of the date of application. The initial base rent shall then be multiplied by the CPI increase determined pursuant to subsections (1) through (3) of this Subsection B, and the resulting sum shall be inserted in the application as the new rent to be charged for the vacant space if re -rented prior to the next Annual Adjustment. The anniversary date for the Annual Adjustment shall remain the same anniversary date as in effect prior to the vacancy. In the first year of occupancy following re -rental only, the applicable anniversary date may result in an Annual Adjustment imposed less than 12 months prior to the date of re -rental.

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long-term lease shall be inserted on the Annual Adjustment form as the current rent for the formerly exempt space as of the date of application. The "prior CPI" shall then be determined. "Prior CPI" shall mean the CPI in effect on the date that the last rent increase was imposed under the long-term lease. The "current CPI" shall be determined in accordance with Subsection (2). The prior CPI shall then be subtracted from the current CPI. The resulting sum shall be multiplied by 100. The resulting sum shall then be divided by the prior CPI. The resulting sum shall then be multiplied by 8"100%. The result or 4% of current space rent, whichever is less, shall be referred to as the "initial CPI Increase" for the previously exempt space. Subsequent Annual Adjustments shall be calculated in accordance with subsections (1) through (3) of this Section 3.0001(B).

Section 7. Section 3.0001(G) of Chapter 3 of the Administrative Rules is hereby amended to read as follows:
"G. Park Owned Mobile Home Sold to an Existing or New Resident. As established pursuant to YMC Section 15.20.050(C)."
Section 8. Section 3.0001(H) of Chapter 3 of the Administrative Rules is hereby amended to read as follows:
"H. Vacant Spaces (Vacancy Category Nos. (1), (2), (3), or (8)). In accordance with YMC Section 15.20.050(B), upon "vacancy", as defined in YMC Section

15.20.020, subsection (1), (2), or (3), or (8), the park owner may increase the space rent on that mobilehome space by a vacancy adjustment in accordance with the following provisions.

1. Application for a vacancy adjustment pursuant to YMC Section

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amount deter+nined-in cep %w6with the amount determmined in Step Tire. The lesser- or the two sums The sum shall constitute the vacancy rent adjustment for the space. The sum shall constitute the new base rent for the space. b. Step Two: The amount determined in Step One shall be set forth in the RA's decision issued to the park owner pursuant to subsection (1) of this Section 3.0001(H).

Step sb�.:T�,e��h-all-add thi five dollars ($35) t the
... ..a..,�Trr .s-l��Tcv crn,
last spaee «�in eff-e-ct-€or the spae , as detefmined undef Step One. d. Step Four- . The RA shall compar-e the affleun4 detefmined in Step Two with the amount deter -mined in StepThfee. The lesser- f the- shall eenstitute the vaeancy rent adjustment fof! the spaee and shall be set forth ifl the D A 's d :�; ,« o,a to the pa fk .,t t bs t' (1).
llll� 1�L 1 J11 v
ec. Notwithstanding subparagraphs (a) d) and (b), a
park owner shall be entitled to only one vacancy rent adjustment for each annual adjustment period following the occurrence of each vacancy under YMC Section

15.20.050(B).

Section 10. All provisions of the Administrative Rules except as expressly amended by this Resolution No. 2022-43, shall remain in full force and effect without amendment.

Section 12. This Resolution shall take effect upon the effective date of Ordinance No. 413.

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Section 13. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED the 22nd day of August, 2022.

David Avila, Mayor
ATTEST:

Jennifer Crawford
City Clerk
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Yucaipa City CouncilAugust 22, 2022

Yucaipa City Council
August 22, 2022