A. Findings. Complaints concerning excessive rents by tenants of mobilehome parks led the city council to conduct a study of the situation in the mobilehome parks in the city. As a result of that study, staff investigation and testimony at public hearings held by the city, the city found an extremely low vacancy rate and a pattern of excessive rent increases beginning as early as 1983, when rent control was first sought from the county board of supervisors for the Yucaipa area. Excessive rent was an issue in the 1986 incorporation campaign, which resulted in the filing of a petition with the Local Agency Formation Commission ("LAFCO") on December 18, 1986 and again in the 1989 incorporation petition filed with LAFCO on March 2, 1989, which resulted in the incorporation of the city on November 27, 1989. The forty-three (43) mobilehome parks in the city contain approximately four thousand one hundred (4,100) spaces and provide approximately thirty (30) percent of the thirteen thousand eight hundred (13,800) dwelling units in the city. Mobilehome owners, unlike apartment tenants or residents of other rental stock, are in the unique position of having made a substantial investment to purchase a mobilehome for which they must rent a space in a mobilehome park. They have also made investments in maintaining and improving those homes as well as landscaping and exterior improvements to the mobilehomes and the rental spaces on which they are located. Alternative sites for the relocation of mobilehomes are difficult to find due to the shortage of vacant spaces, the restrictions on the age, size or style of mobilehomes permitted in many parks, and requirements related to the installation of mobilehomes, including permits, landscaping and site preparation. Additionally, the cost of moving a mobilehome is substantial and the risk of damage in moving is significant. Thus, moving a mobilehome is not a feasible option if rent becomes excessive. The result of these conditions is the creation of a captive market of mobilehome owners and tenants. Their immobility and the shortage of spaces, in turn, creates an imbalance in the bargaining relationship between park owners and mobilehome park tenants. Because mobilehomes are often owned by senior citizens, persons on fixed incomes, and persons of low and moderate income, excessive rent increases fall upon these individuals with particular harshness.
On January 28, 1991, the city council enacted Ordinance No. 63 (amended). This ordinance established a comprehensive scheme for the regulation of space rents in mobilehome parks in the city, and limits the rent increases that may be charged by park owners.
B. On November 25, 1991, the city council enacted Ordinance No. 87, (as amended on February 13, 1992, by Ordinance No. 91), which prohibits park owners from requiring prospective residents from signing long-term leases as a condition of moving into a mobilehome park.
C. On September 18, 1992, the city council enacted Ordinance No. 113, which amended Ordinance No. 63 (amended) to allow the de-regulation, or de-control of space rents upon specified vacancies of a mobilehome park space, and provided for the re-imposition of rent control upon the imposition of the rent first charged after such vacancy. At the time of the adoption of Ordinance No. 63 (amended), the city council determined that the rent stabilization provisions of Ordinance No. 63 (amended), would provide sufficient protection for park residents against excessive rent increases without the need for control of rents upon vacancies.
D. Since the enactment of Ordinance No. 63 (amended), residents of mobilehome parks in the city have presented instances of park owners requiring prospective residents to sign long-term leases as a condition of moving into the park which such long-term leases exempt such persons from the protection of Ordinance No. 63 (amended). In addition, residents of mobilehome parks in the city have presented the city with instances of park owners raising rents several fold for new residents. As a result, these park residents have been unable to sell their coaches and move out of the park, and prospective residents have been forced to look for housing elsewhere. In some instances, park residents have been forced to sell their coaches to the park owner at minimal or no cost, such that the coach itself has little or no value, and the park owner has assumed the role of landlord on the specific coach as well.
E. As a result of these repeated problems, and the unnecessarily oppressive and harsh rent increases which have occurred, this city council finds and declares that it is necessary to facilitate and encourage fair bargaining between the prospective residents and park owners, as well as current residents and park owners, from excessive and unreasonable conditions imposed upon vacancies in mobilehome parks, and from unreasonable rent increases in an area of housing shortage. The city council finds that control of rents upon vacancy will not prevent park owners from realizing a fair and just return on their property when seen in the context of mobilehome rent control which has been established in the city.
F. In order to facilitate the above-stated policies, the city council, by Ordinance No. 104, adopted provisions limiting the rent that a park owner may charge upon a vacancy in a park. Ordinance No. 104, amended by Ordinance No. 113 provides for complete vacancy control, where it is believed that Ordinance No. 63 (amended) and other mobilehome rent control provisions adopted by the city council adequately protect the rights and interest of park owners. The ordinance codified in this chapter is intended to apply to any transfer of any mobilehome, as well as any change in occupancy of a mobilehome.
G. On March 28, 1994, the city council approved the annual report with respect to certain definitions and ministerial actions, and thereafter enacted Ordinance No. 126, which incorporated all previous amendments to Ordinance No. 63 (amended) and does not intend to make any substantive changes to Ordinance No. 63 as it was amended by Ordinance Nos. 104 and 113 other than those minor nonsubstantive amendments authorized by city council on March 28, 1994.
H. On December 11, 1995, the city council approved the annual report with respect to certain revisions and additions to Ordinance No. 126. The ordinance codified in this chapter incorporates all existing provisions of Ordinance No. 126, Ordinance No. 140 and Ordinance No. 152, except as modified in light of issues identified in the annual report.
I. On September 8, 1997, the city council approved the annual report with respect to certain revisions and additions to Ordinance No. 161. This ordinance incorporated all existing provisions of Ordinance No. 161, except as modified in light of issues identified in the annual report.
J. On November 8, 1999, the city council approved the biennial report with respect to certain revisions and additions to Ordinance Nos. 161/170. This ordinance incorporates all existing provisions of Ordinance No. 161 and Ordinance No. 170, except as modified in light of issues identified in the biennial report.
K.
1. On August 2, 2001 and November 20, 2001, the mobilehome rent review commission conducted a noticed public hearing, received testimony and made recommendations to the city council on proposed language amendments to the rent stabilization ordinance and administrative rules.
2. On September 24, 2001, at a noticed public hearing the city council received testimony and considered the recommendations of staff and the mobilehome rent review commission with respect to certain revisions and additions to this chapter of the Yucaipa Municipal Code (the "municipal code"), and administrative rules.
3. Based on the record presented, which is incorporated herein, the city council found and determined that the following amendments to this chapter were necessary in order to provide sufficient protection for park residents against excessive rent increases and to preserve the comprehensive scheme for the regulation of space rents in mobilehome parks.
4. On January 28, 2002, the city council approved the biennial report with respect to certain revisions and additions to this chapter and enacted Ordinance No. 214.
L.
1. On August 25, 2003, and October 7, 2003, the mobilehome rent review commission conducted a noticed public hearing, received testimony and made recommendations to the city council on proposed language amendments to the rent stabilization ordinance and administrative rules.
2. On November 24, 2003, at a noticed public hearing the city council received testimony and considered the recommendations of staff and the mobilehome rent review commission with respect to certain revisions and additions to this chapter of the Yucaipa Municipal Code (the "municipal code"), and administrative rules.
3. Based on the record presented, which is incorporated herein, the city council found and determined that the following amendments to this chapter of the municipal code were necessary in order to provide sufficient protection for park residents against excessive rent increases and to preserve the comprehensive scheme for the regulation of space rents in mobilehome parks.
4. On December 8, 2003, the city council approved the biennial report with respect to certain revisions and additions to this chapter and enacted Ordinance No. 226.
M. On September 27, 2004, the city council approved the addition of subsection E to Section 15.20.110 of this code and enacted Ordinance No. 234.
N. On August 8, 2005, the city council approved the repeal of Section 15.20.117 of this code and enacted Ordinance No. 245.
O.
1. On February 22, 2006 the mobilehome rent review commission conducted a noticed public meeting, received testimony and made recommendations to the city council on proposed amendments to this chapter (also referred to as the "rent stabilization ordinance" or the "ordinance") and administrative rules.
2. On April 24, 2006, at a noticed public meeting, the city council conducted the biennial review and received testimony and considered the recommendations of staff and the mobilehome rent review commission with respect to proposed amendments to this chapter, and administrative rules.
3. Based on the record presented, which is incorporated herein, the city council found and determined that the following amendments to this chapter were necessary 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.
P.
1. On July 15, 2010, July 26, 2010, December 14, 2010, and February 22, 2011, the mobilehome rent review commission ("commission") conducted a noticed public hearing, received testimony and made recommendations to the city council on proposed amendments to Chapter 15.20 of Title 15 of the Yucaipa Municipal Code ("Chapter 15.20 of the YMC" also referred to sometimes as the "rent stabilization ordinance" or the "ordinance") and administrative rules.
2. On April 25, 2011, at a noticed public hearing, the city council conducted the biennial review, received testimony and considered the recommendations of staff and the commission with respect to proposed amendments to Chapter 15.20 of the YMC and administrative rules.
3. Based on the record presented, which is incorporated herein, the city council found and determined that certain amendments to Chapter 15.20 of the Municipal Code were necessary 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.
Q.
1. On January 13, 2016, March 22, 2016 and May 24, 2016, the mobilehome rent review commission ("commission") conducted a noticed public hearing, received testimony and made recommendations to the city council on proposed amendments to Chapter 15.20 of Title 15 of the Yucaipa Municipal Code ("Chapter 15.20 of the YMC" also referred to sometimes as the "rent stabilization ordinance" or the "ordinance") and administrative rules.
2. On August 29, 2016, at a noticed public hearing, the city council conducted the biennial review, received testimony and considered the recommendations of staff and the commission with respect to proposed amendments to Chapter 15.20 of the YMC and administrative rules.
3. Based on the record presented, which is incorporated herein, the city council found and determined that certain amendments to Chapter 15.20 of the Municipal Code were necessary 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.
4. 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, Section 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 do 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)).
R.
1. On October 19, 2017, at a noticed public hearing, the mobilehome rent review commission ("commission") conducted the biennial review, received testimony and made recommendations to the city council on proposed amendments to Chapter 15.20 of Title 15 of the Yucaipa Municipal Code ("Chapter 15.20 of the YMC" also referred to sometimes as the "rent stabilization ordinance" or the "ordinance") and administrative rules.
2. On November 6, 2017, at a noticed public hearing, the city council conducted the biennial review, received testimony and considered the recommendations of staff and the commission with respect to proposed amendments to Chapter 15.20 of the YMC and administrative rules.
S.
1. On February 21, 2019, 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 Title 15 of the Yucaipa Municipal Code and Resolution No. 2011-52 pertaining to the U.S. Department of Labor, Bureau of Labor Statistics updated definition of the Consumer Price Index (CPI) for the area that includes Yucaipa.
2. On March 11, 2019, 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.
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.
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.
(Ord. 422 § 1, 2023; Ord. 413 § 3, 2022; Ord. 375 § 3, 2019; Ord. 368 § 3, 2017; Ord. 351 § 1, 2016; Ord. 311 § 1, 2011; Ord. 255 §§ 1, 2, 3, 2007; Ord. 226 § 1, 2003; Ord. 214 § 1, 2002; Ord. 193 § 1, 1999; Ord. 170 § 1, 1997; Ord. 161 § 1, 1996; Ord. 126 § 1, 1994)