(a) Planning Commission adjustments. The Planning Commission shall have the authority, in accordance with such guidelines as the Planning Commission may establish, to grant increases in the rent for a rental space or spaces located in the same mobile home park, upon receipt of an application for adjustment filed by the landlord and after notice and hearing. If the Planning Commission finds that such request for increase is in keeping with the purposes of this chapter and that the maximum rent or maximum adjusted rent otherwise permitted pursuant to this chapter constitutes a just and reasonable rent on the rental space or spaces, the rent increase may be granted. The following are factors, among other relevant factors as the Commission may determine, which may be considered in determining whether a rental space yields a just and reasonable return:
(1) Property taxes.
(2) Reasonable operating and maintenance expenses.
(3) The extent of capital improvements made to the common area or spaces as distinguished from ordinary repair, replacement, and maintenance.
(4) Living space, and the level of housing services.
(5) Substantial deterioration of the rental spaces other than as a result of ordinary wear and tear.
(6) Failure to perform ordinary repair, replacement, and maintenance.
(7) Financing costs on the property if it contains either a balloon payment or variable rate provision.
(8) Changes to the CPI index utilized by the City of Thousand Oaks.
(b) Anti-speculation provision. If the only justification offered for the requested rent increase on the landlord's application is an assertion that the maximum rents or maximum adjusted rents permitted pursuant to this chapter do not allow the landlord a return sufficient to pay both the operating expenses and debt service on the rental space or spaces or on the mobile home park containing the rental space or spaces, a rent adjustment will not be permitted pursuant to this subsection to a landlord who acquired an interest in the rental space or spaces after January 1, 1980.
(c) Procedures involving applications regarding just and reasonable return.
(1) All applications for rent adjustment regarding just and reasonable return shall be submitted to the Community Development Department and shall include, among other things specified in the application requirements or requested by the Department, the mailing addresses and space numbers of the space or spaces for which an adjustment is requested. Each application shall be accompanied by a filing fee of Twenty and no/100ths ($20.00) Dollars plus Five and no/100ths ($5.00) Dollars per space affected by the proposed increase. The Community Development Department shall determine whether an application is complete within thirty (30) days of submittal. The applicant shall produce at the request of the Community Development Department, or Planning Commission at any subsequent hearing, such records, receipts and reports as may be necessary to make a determination on the adjustment request. Failure to produce such requested items shall be sufficient basis for the termination of the rent adjustment proceedings. All applications for rent adjustment, together will all oral and written evidence presented in support thereof, shall be under oath or penalty of perjury.
(2) Within ten (10) days of the determination by the Community Development Department that the application is complete, the Community Development Department shall set a date for a hearing and determination. The City shall notify the tenant or tenants of the subject space or spaces by mail of the receipt of such application, the amount of the requested increase, the landlord's justification for the request, and the place, date and time of the hearing on the adjustment request. The hearing shall occur no less than ten (10) days and no more than forty-five (45) days after the date of mailing such notice.
(3) The hearing shall be conducted in accordance with the rules of procedure which the Planning Commission may choose to adopt. In the event that the Planning Commission does not adopt such rules of procedure, the hearing shall be conducted in general accordance with the City Council Manual of Procedure, Ordinance 488-NS. At the time of the hearing, the landlord and/or affected tenants may offer such documents, testimony, written declarations, or evidence as may be pertinent to the proceedings.
(4) A determination with written findings in support thereof shall be made within seventy-five (75) days from the conclusion of the hearing.
(5) Copies of the findings and determination of the Planning Commission shall be mailed by the City to the applicant and all affected tenants.
(d) Appeal. Any dispute, contention, or disagreement relative to interpretation, application, or enforcement of this Section 5-25.09, shall be submitted to the City Council for determination in accordance with the provisions of Section 1-4.01 through Section 1-4.05 of the Thousand Oaks Municipal Code.
(§ 2, Ord. 1254-NS, eff. January 23, 1996 as amended by Ord. 1686-NS, eff. August 19, 2021)