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FROM:
FOR:
CITY OF YUCAIPA
AGENDA REPORT
Honorable Mayor and City Council
SECOND READING AND ADOPTION
Ord. No. 413 . _ Date 9/1 ZL2gtem No. 5
First reading approved on 8/22/22
(Date)
Welve Further reading and nd� adopt Ord. No. 413
,Approved
Jennifer Crawford, Assistant City Manager/Rent Administrator > Amy Greyson, Assistant City Attorney/Mobilehome Rent Review Commission Attomey 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:
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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
DISCUSSION
The City of Yucaipa Mobilehome Rent Stabilization Program is codified in Chapter 15.20 of Tide 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 lmplemcritation 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. 201741, Resolution No. 201748, Resolution No. 201843, 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 continents and proposals submitted by representatives of park owners, park residents, and individual testimony, and deliberation of the City Council, thereafter, directed staffto prepare amendments on seven items that pertain to the Mobilehome -219-
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Mobilehantc Rent Stabilization Ordinance ajid Rewfution
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 Mules:
Item No. l ANNUAL ADJUSTMENTS
Amend YMC § 15.20.08(1(A) and Rules §3.0001(B)(3), to provide that the park owner may increase the rent in each regulated space once annually, by I00% of the increasc in CPI, or by a 4% cap of the current spacc rent, whichever is Icss.
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 03; 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 runt following the vacancy will then be determined by the combined average of rent -controlled spaces in the park plus 10%.
[tern No_ 4 RENT ADJUSTMENTS UPON VACANCY -- VACANCY ADJUSTMENTS ON SALE OF PARK -OWNED MOBILEHOME TO EXISTrNG 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 REOUIREMENTS
Amend the Ordinance and Rules to clarify that the annual registration form shall includc specified information relating, to month -to -month spaces, spaces subject to long-term leases, park -awned, 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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City Council Meeting of August 22, 2022
Mobilehomc Rent Stabilization Ordinance and Resolution
Item No. 6 SELECTION OF RESIDENT REPR SENFA'TIVES
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 ReatAdministrator shall issue notice ofthe 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, Pmposcd Ordin-utce 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 Resoltion 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 organisational or -221-
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City Council Mecting of August 22, 2022
htobilehoine Rent Stabilization Ordinance aad Resolution
administrative activities of City govemn:cut. that will not mWt 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 intiolve 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 rile. 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
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. 1176-
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") 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 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:
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 2177-
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 3178-
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 parr 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 4179-
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 (31st) day of January each year.
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 lease, 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.
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, 5180-
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 CFI 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 6181-
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 July 11, 2022. 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. 7182-
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 12th day of September, 2022.
ATTEST:
Jennifer Crawford, City Clerk
APPROVED AS TO FORM:
David M. Snow, City Attorney
David Avila, Mayor
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