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HomeMy WebLinkAbout01/19/1988, 1B - ZONING INTERPRETATION ALLOWING CHURCHES TO TEMPORARILY SHELTER HOMELESS PEOPLE.����h ►►►�►IIVIIIII��p�u�ull����ll city of sa►n tuts OBispo his COUNCIL AGENDA REPORT MEETING DATE: 1-19-88 mdoft ITEM NUMBER: { FROM: Michael Multari, Community Development Director; BY: Glen Matteson, Associate Planner { SUBJECT: Zoning interpretation allowing churches to temporarily shelter homeless people. CAD RECOMMENDATION: By motion, affirm the Community Development Director's interpretation allowing churches to provide temporary shelter for the homeless. BACKGROUND: BACKGROUND The council has been faced with the problem of homeless people in the city for several years, and has tried to find acceptable solutions. Many alternatives have been considered. Most recently, the council decided not to provide city facilities for shelter, but encouraged volunteer groups to work out a solution with city support. The short -term approach decided on for this winter involved use of local churches. People's Shelter has enlisted churches in the city to make space available on a one -month basis. The Seventh Day Adventist Church (Marsh and Pacific streets, O zone) provided shelter during November, Nativity of Our Lady Church (Daly near Patricia, R -1 zone) did so during December, and Old Mission Church (Monterey Street, C -C -S -H zone) is scheduled to do so during January. Locations for following months have not been found. In response to public questions, the Community Development Director (with the City Attorney's concurrence), has interpreted the Zoning Regulations to allow churches to shelter the homeless for up to 30 days, as an accessory church activity. Some people have questioned whether this is a proper interpretation. SIGNIFICANT rMPACTS /CONSEQUENCES OF ALTERNATIVES If the interpretation is sustained, local churches will continue to shelter the homeless during inclement weather, until a more permanent solution can be found. If this interpretation is not sustained, then the use could be established with approval of an administrative use permit (under Zoning Regulations Section 17.08.020.K, miscellaneous temporary uses). The use permit could be site - specific or a blanket, program application covering all sites; the application could be referred to or appealed to the Planning Commission or City Council. Less likely options include: - the council could amend the Zoning Regulations to permit shelters as an allowed or conditionally allowed use in certain zones, or - some other means of providing shelter could be found, or - shelter might not be provided. These are possible direct consequences of not taking the recommended action. No major environmental or fiscal impacts are expected from any of the alternatives, though the short-term effects on the homeless could be severe if no shelter is provided during the winter. Additional health and law- enforcement costs could be expected if shelter is not provided during inclement weather. 16 -1 Church shelters Page 2 EVALUATION The interpretation is based on: 1. The similarity of temporary, overnight stays by the homeless at churches to other overnight accommodations customarily provided by churches, such as for travelling youth groups and for evacuees and those displaced by disasters. Traditionally, churches have provided food, clothing, and shelter assistance to those in need. Locally, the use of churches for temporary accommodations goes back at least to World War II, when the Presbyterian Church (Marsh Street) allowed servicemen to stay in a gymnasium -type room. 2. Zoning Regulations provisions stating: "Listed uses are principal uses. Accessory uses are allowed with principal uses," (Section 17.22.010) and "Accessory means clearly subordinate or incidental and directly related to a permitted use or structure." (Section 17.04.020) "The director shall interpret these regulations..." (Section 17.02.040) "These regulations are intended to permit similar types of uses within each zone. The director, subject to appeal procedures..., shall determine whether uses which are not listed shall be deemed allowed or allowed subject to use permit approval in a certain zone. This interpretation procedure shall not be used as a substitute for the amendment procedure as a means of adding new types of uses to a zone." (Section 17.22.010) 3. Prior council direction on this issue. 4. Practical need for a temporary solution. 5. Minimum apparent problems with the uses. Homeless walk or are brought to the shelters in the evening and leave in the morning; their stays are supervised by church volunteers. 6. Absence of general -plan or other adopted policy contrary to the interpretation. FOLLOW -UP ACTIONS If the council supports staff's interpretation by motion, no immediate additional action is necessary. However, staff recommends continued city involvement in finding shelter for the homeless. (A recent amendment to state planning law requires the general plan Housing Element to identify potential sites for shelters, which ours does not yet do.) If the council does not support staff's interpretation, it should give direction on the preferred approach to reviewing and permitting temporary shelters. Staff would then work with People's Shelter and others to process any required applications. gml /shelters r IR - ;)- January 17, 1968 RECEIVED CITY CLERK SAN UH6 CkWSOO CA City Council of San Luis Obispo San Luis Obispo, Ca. 93401 Dear Mayor Dunin & City Council Members: W a AGENDA , DATE '"_ f m # 0C 0191 G Since we are unable to attend the City Council meeting on Tuesday, January 19, 1988, we would like through this letter to inform the City Council of San Luis Obispo of our strong disapproval of the bus transporting transients to Mitchell Park. A neighborhood park should not be used as either a pick -up or a drop -cff for vagrants. A more suitable place would be City Hall. We also strongly disapprove of any city or county tax monies being used for any type of assistance for these vagrants. A prograr, of workfare should be implemented. San Luis Obispo is an "easy mark" for these idle wanderers. Let us take a lesson from American history: . . . Perhaps Dale's wisest act was the abolition of the common storehouse. This had been one of the greatest evils of the colony. The settler had no land of his own and was required to put the products of his labor into a common stock which all shared alike. The idlers knew that they would be fed and clothed whether tey worked or not and willingly allowed tie inTus- trious ones to support them. The reform which Dale began consisted of allotting three acres to each of the old settler =, requiring eac'.: settler to turn into the common stool, two and one -half barrels of corn, and allowing hirr, to keep the remainder of his crop for hirnself. T nder the new law the idle were compel'_ to ::o r': in order to live, and the thrifty were encour- aged to produce all they could, knowing that they would receive the reward of their industry. (From History of the United States by Wilbur Fish Gordy, Charles Scribner's Sons, 1922) Yours for a safer neighborhood, lug r. Albert C. Harter Dora L. Harter 770 Buchon St. San Luis Obispo, Ca. 93101 Ni_ FING AGENDA DATE O""" 'es ITEM # C'C •' �o�/(ci ,Qunr1 Ai ref s f/� derso� January 14, 1988 MEMORANDUM To: City Council From: Mayor Dunin' Subject: City Council Agenda Item on Mobilehome Rent Regulation Issues Inasmuch as we will not have the full City Council in attendance on Tuesday evening, and Vice Mayor Rappa desires to be a part of the City Council discussion on this item, I suggest that we not discuss the issue but set a time certain for the City Council to do that, with Monday, January 25, at 4:00 p.m. being suggested. This will also give us improved opportunity for public notification, as there are many parties to this issue who would like to be in attendance when this matter is being discussed by the City Council. RD:mp San Luis Obispo 990 Palm Street Post Office Box San Luis Obispo, Re: December 23, 1987 City Council 8100 CA 93403 Dear Council Members: Enclosed you will find proposed revisions to the Mobile Home Park Rent Stabilization Ordinance. The proposal is submitted by the Ad Hoc Committee on Rent-Stabilization. You will recall that the former Mobile Home Rent Review Board made certain recommendations to you for revisions to the existing City Rent Stabilization Ordinance. You will also recall that during the course of deliberations on those recommendations, a proposal was made for negotiations between park owners and residents. The outcome of that proposal was a decision by you on June 16, 1987 to postpone further discussion of the Rent Review Board recommendations for a period of six months, during which time park owners and residents were to negotiate in good faith regarding mutually acceptable revisions to the Rent Stabilization Ordinance. Thereafter, park owners and residents were advised of your decision, and the Ad Hoc Committee on Rent Stabilization was formed for the described purpose. The Ad Hoc Committee has met on numerous occasions. There has been strong interest expressed by both residents and park owners. Although the resident participants do not necessarily formally represent the parks they reside in, and although all parks were not represented, all were given the opportunity to participate and the resident participation was representative. Likewise, while all park owners did not participate, all were given an opportunity, and the park owners that did participate are considered representative... The participants signing this letter constitute most of the active participants. Other participants were involved, some S 0 San Luis Obispo City Council December 23, 1987 Page 2 actively, some not. An attorney was involved in the drafting of the recommendations. However, no attorneys were involved in negotiations. The agreed -upon recommendations are the result of significant compromises made by both residents and park owners. Both parties view the revised ordinance as a balanced and reasonable one. The enclosed document contains the language of the original Ordinance plus the proposed revisions. Note that the additions to the proposed ordinance are indicated by underscoring. Deletions to the existing ordinance are lined out. Following is a summary of the essential changes. 1. Section 5.44.020, regarding definitions has been changed in the following respects: (a) Paragraphs A and F have been changed to clarify the definition of "capital improvements." These provisions are amended to make them consistent with the automatic pass- through of expenses described below. The effect of these amendments is to allow for capital improvements mandated by government or required to maintain existing improvements without resident approval. Resident approval is still required for new capital improvements not located in the park. (b) Paragraph G has been added to define "change of ownership." (c) Paragraph H has been added to define "hearing officer." (d) Paragraph I has been added to define "appellate panel." (e) Paragraph J has been added to define "CPI" as the All Urban Consumers Los Angeles /Long Beach /Riverside Index. (f) Paragraph K has been added to define "Qualified Hearing Officer." 2. Paragraph 5.44.030 has been amended in the following respects: San Luis Obispo City Council December 23, 1987 Page 3 (a) Paragraph E has been amended to provide an exemption for leases of more than one year. The amendment clarifies that no increases shall be allowed during the term of the lease except as authorized under the lease itself. (b) Paragraph F has been added to provide an exemption where at least 66.67% of the spaces are governed by a lease. 3. Paragraph 5.44.060 regarding increases in base space rent without a'hearing has been amended as follows: (a) Paragraph A has been amended to clarify that if a space is under a lease, then upon expiration of the lease, the base rent shall be no greater than the rent charged within the last month of the lease. Paragraph A also clarifies that where 66.67% of the spaces are governed by a lease, then the remaining spaces in the park shall have a rent no greater than the rent charged in the leases for comparable spaces. (b) Paragraph B regarding increases based on changes in the CPI has been changed to a sliding scale arrangement with a cap of 9 percent. One hundred percent of the CPI shall be allowed up to 5 percent, and 75 percent of the CPI shall be allowed thereafter. This shall be allowed up to nine percent. (c) The CPI provisions have also been changed to state that monthly the city finance director shall publish allowable percentage changes in the CPI. The provisions have also been amended to clarify that the limitations on CPI increases are intended to minimize the immediate impact such changes would have on residents, but that ultimately the limitations would not prevent the owner from receiving a fair return on his /her property. (d) Space rent may be increased upon a change of ownership of the mobilehome up to 10 percent of existing space rent. The change shall be allowed only once in a 36 -month period. If subleasing becomes mandatory under state law, then upon subletting the increase may be allowed up to 10 percent of the then - existing space rent. The provision has also been San Luis Obispo City Council December 23, 1987 Page 4 clarified to state that an adjustment may occur if the mobilehome is moved from the premises. (e) Subparagraph B has been added to allow for an automatic pass- through of certain expenses such as common area utilities. 4. Paragraph 5.44.070 regarding increases following a hearing has been amended as follows: (a) The application process has been changed and clarified to provide that either residents or owners may submit an application for rent adjustment. Applications will be filed with the Clerk, and notices will be given to the other party. The opposing party is then given 30 days to file an objection to the application. If an objection is not filed, then the application would be granted. If an objection is filed, then the representatives designated by residents and owners shall meet and confer and negotiate in good faith. Either party may request a mediator of their choice, but this is not required. If an agreement cannot be reached within 60 days, then the City Clerk shall be notified. The City Clerk shall then appoint a hearing officer to resolve the matter. 5. Paragraph 5.44.090 has been changed regarding the criteria that may be considered by the hearing officer. The hearing officer is required to use the 14NOI formula, but to take into account adjustments to allow for inflation and adjustments to base rent if it is determined that base rent on March 15, 1982, did not provide the owner with a just and reasonable return on property. Also, in unusual circumstances, where the MNOI formula would not provide a reasonable measure, the hearing officer is given the discretion to use other formulas. 6. Paragraph 5.44.110 has been changed regarding an appeal from the decision of the hearing officer. In this case, if either party is dissatisfied with the decision reached by the hearing officer, then an appellate hearing may be requested. Notice shall be given to the City Clerk and the Clerk shall identify seven qualified hearing officers. Owners and tenants may each delete one person from the list of qualified hearing officers and three persons shall be selected by the Clerk of the remaining qualified hearing officers on the list. The appellate panel shall determine whether or not a further hearing shall be r r San Luis Obispo City Council December 23, 1987 Page 5 held or whether or not to ratify and adopt the decision of the officer. If a hearing is held, the appellate panel may modify or reverse the decision of the hearing officer if it finds that there has been an abuse of discretion or that there is no substantial evidence to support the hearing officer's decision. The Ad Hoc Committee requests that this matter be set on the earliest agenda for your consideration.• The Ad Hoc Committee would request that you approve its recommendations for modification of the Mobile Home Rent Stabilization Ordinance. In the meantime, members of the Ad Hoc Committee would be willing to meet with individual counsel members to provide further explanation of the proposed changes, and /or the negotiating process. Very truly yours, THE AD HOC COMMITTEE ON RENT STABILIZATION RESIDENTS: Dick Clark, Silver City Mobile Lodge Charles R. Lyon, Laguna Village Ladd Day, Laguna Village Bill Welch, Laguna Village Ray Robbins, Village Mobilehome Park Dick Miller, Silver City Mobile Lodge Mylon Rayborne, Valley Vista Mobilehome Park San Luis Obispo City Council December 23, 1987 Page 6 cc: 1tr \counsel.1tr Ray Niemish, Creekside Mobilehome Park_ Art Men -rgen, Creekside Mobilehome Park Fred Land, Mathews Mobilehome Park PARK OWNERS: Pat Flemming, Manager Creekside Mobilehome Park, C.J. Fenderson, Owner Oceanaire Mobilehome Park Charles Long, Owner Village Mobilehome Park Ed Evans, Owner • Creekside Mobilehome Park Tina Constance, Manager silver City Mobilehome Park r Chapter 5.44 December 11, 1987 MOBILE HOME PARK RENT STABILIZATION Sections: 5.44.010 Purpose and intent. 5.44.020 Definitions. 5.44..030 Exemptions. 5.44.040 (Repealed.) 5.44.050 City Council-- Powers and duties. 5.44.060 Base space rent -- Determination -- Allowable increases without hearing 5.44.070 Application for rent adjustment-- Fee -- Contents -- Notice of request -- Hearing. 5.44.080 Application for rent J�rrerea-ae adjustment -- Conduct of hearing. 5.44.090 Application for rent adjustment- - Evaluation-- Relevant factors. 5.44.100 Application for rent rrrerease adjustment- - Hearing-- Determination. 5.44.110 �Repea3-e� Application for rent increase- - Hearing-- Appeal. 5.44.120 Rent increases not made in conformity with provisions -- Tenant's right to refuse to pay. 5.44.130 Actions brought to recover possession of mobile home space -- Retaliatory eviction grounds for denial. 5.44.140 Owner to provide tenants with copy of this chapter. 5.44.141 Amendment. 5.44.142 Severability. 5.44.010 Purpose and intent. A. There is presently within the city and the surrounding areas a shortage of spaces for the location of mobile homes. Because of this shortage, there is a very low vacancy rate, and rents have been for several years, and are 'presently, rising rapidly and causing concern among a substantial number of San Luis Obispo residantG. B. Mobile home tenants, forced by the lack of suitable alternative housing, have had to pay the rent increases and thereby suffer a further reduction in their standard of living. C. Because of the high cost and impracticability of moving mobile homes, the potential for damage resulting therefrom, the requirements relating to the installation of mobile homes, including permits, landscaping and site preparation, the lack of alternative homesites for mobile home residents, and the substantial investment of mobile home owners in such homes, this council finds and declares it necessary to protect the owners and occupiers of mobile homes from unreasonable rent increases, while at the same time recognizing the need of park owners to receive a suitable profit on their property with rental income sufficient to cover increases in costs of repair, :maintenance, insurance, utilities, employee services, additional amenities, and other costs of operation, and to receive a fair return on their property. D. This council finds that the present low vacancy rate and frequent rent increases are particularly. hard upon and unfair to residents of mobile' ''' home parks within the city. Large numbers of these residents are senior citizens and others on fixed incomes who installed their mobile homes in the city when the present inflationary rent increases could not reasonably have been foreseen. E. However, this council recognizes that a rent stabilization ordinance must be fair and equitable for all parties and must provide appropriate incentives for mobile home park operators to continue their parks profitably, as well as to attract additional investors for new parks. (Ord. 923 §1 (part), 1982: prior code §4800) 5.44.020 Definitions For the purpose of this chapter, certain words and phrases used herein are defined as follows: A. "Capital improvements" means those improvements) not Dreviously located in the mobile home park, that materially add to the value of the property and appreciably prolong its useful life or adapt it to new uses, and which may be amortized over the useful life of the improvement in accordance with the Internal Revenue Code and regulations issued pursuant thereto; 2 provided, that this definition shall be limited to capital improvements either approved by more than fifty percent of the tenants in the affected park. -er- asener_ B. "Mobile home park" means an area of land which rents spaces-for mobile home dwelling units. C. "Mobile home park owner" or "owner" means the owner, lessor, operator or manager of a mobile home park. D. (Repealed) &D. "Mobile home tenant" or "tenant" means any person entitled to occupy a mobile home within a mobile home park pursuant to ownership of the mobile home or under a rental or lease agreement with the owner of the mobile home. FE. "Rehabilitation work" means any renovation or repair work completed on or in a mobile home park performed in order to comply with the direction or order of a public agency, to maintain existing improvements in a safe and usable condition, or to repair damage resulting from fire, earthquake or other casualty.. GF. "Space rent" means the consideration, including any security deposits, bonuses, benefits or gratuities, demanded or received in connection with the use and occupancy of a mobile home space in a mobile home park, or for housing services provided, but exclusive of any amount paid for the use of a mobile home dwelling unit. (Ord. 923 §1 (part), 1982: prior code §4801) G. "Change of ownership" means the sale, rental transfer, or exchange of a mobile home subject to the provisions of this chapter excepting the transfer to tenant's spouse by gift, bequest or devise. H. "Hearing Officer" means the duly appointed hearing officer selected from a panel of qualified hearing officers. A hearing officer shall have no financial interest in a mobile home park nor have been a resident of a mobile home park. of a mobile home park. 3 J. "CPI" shall be the Consumer Price Ind,2x (1967 =100) 5.44.030 Exemptions. The provisions of this chapter shall not apply to the following tenancies in mobile home parks: A. Mobile home park spaces rented for nonresidential uses; B. Mobile home parks managed or operated by the United States Government, the state of California, or the county of San Luis Obispo; C. Tenancies which do not exceed an occupancy of twenty days and which do not contemplate an occupancy of more than twenty days. D. Tenancies for which any federal or state law or_. regulation specifically prohibits rent regulation; E. Tenancies covered by leases or contracts which provide for more -- tlraa-- a-- neerttb- te- menth- -teaaney a tenancy of more than a year, but only for the duration of such lease or contract. Upon the expiration of or other termination of any such lease or contract, this chapter shall immediately be applicable to the tenancy. 4 f FG. Mobile home parks which sell lots for factory - built or manufactured housing, or which provide condominium ownership of such lots, even if one or•'more homes in the development are rented or leased out. (Ord. 923 §1 (part), 1982: prior code 54802) 5.44.040 (Repealed) 5.44.050 City Council -- Powers and duties. Within the limitations provided by law and in addition to any other powers and duties the Council has, the City Council shall have the following powers and duties: A. To meet from time to time as required to receive, investigate, hold hearings on, and pass upon the issues relating to mobile home park rent stabilization as set forth in this chapter; er-- bo-- ar�y-- deereases- ter,- -ar ektanges - fer,-- serrriees- er- faer�rbiest B. To direct staff to make or conduct such independent hearings or investigations as may be appropriate to obtain such information as is necessary for Council to carry out its duties; H.- ---- To- - -or --dec me- rti „Kuir -- reams- -ttpen esarpletiea- ef- rt: s- 1 °rear�nc�- anc�- �aves�i�}a�ieas . HC. To adopt, promulgate, amend and rescind administrative rules, as it deems appropriate to effectuate the purposes and policies of this chapter. (Ord. 923 §1 (Part 1952: prior code §4804) 5.44.060 Base space rent- - Allowable increases without hearing. A. The "base space rent" for purposes of this chapter shall be the monthly space rent charged as of March 15, lease. base- �pac.�e -- rent-- oa- �fercYr- 3�;-- i-g &�- pigs- -ar�g �nereases- ethereuise- aiie�red- �ttrstxsrrt fio -moire• grev�srerrs ef- this - chapter- In parks where there is an exemption because 66.67% of the spaces are governed by a lease with an initial term of no less than one year, then the maximum monthly space rent shall be the space rent 5 Br-- �xe,ept - es-- otkertdi -ae- presided -iir- this- �3:ap�er; -bke n�axi�rr�e -sgmt. -r-- apace -rent -map more than- �!!� --a-- year --by- bite- �.esseri- af- tisrtao-- foiiowrng amount" Ir r -- Bight: peroe" -ef- the -theft- exiabie?- apace -rcats � r-- a�si -'1 -�kte-- trY2eii-- e�ri9{�11g- Spat, -e- relit: hhe-- tt- os�- -0f-3iAri-ng-- -ice-- '(Sidreea - -ef- baber &tatistiea,- --i3:� :-- i�atier►af- �- �s^ice-- �rx�ex} for -the preeeding- tweive✓manbir perjad. B. Except as otherwise provided in this chapter, the maximum monthly space rent may be increased no more 1. The maximum monthly space rent may be increased at a.b. If the resulting quotient is less than 1.05, shall be added to the sum derived from 5.44.060 B.2 above. The sum shall be the new space rent c 3 E<.---- C�lctirl�i osr- a f --�:e -gene -year - 3imitaifer►- ori- -renfaf taereases -as previc�ee� -t:s- k - sectiea -chaff be -from eke eiate -the -- fast- e' kat�-- inerease- �ertan�- �ffeetri�ae- s� - -bke Barks D. No owner shall either (1) demand, accept or retain. a rent of or from a tenant in excess of the maximum rent permitted by this chapter, or (2) effect a prohibited rent increase by a reduction of general park facilities and services. However, an owner may modifv elects to submeter water so that tenants tray for water consumed by them. then tenants shall receive a reasonable reduction from their base space rent. (Ord. 1079 §l, 1986; Ord. 1020 §11 1984: Ord. 923 §1 (part), 1982: prior code 14805) 7 5.44.070 Application for rent raereax adjustment- -Fee -- Contents -- Notice of request -- Hearing. Ira- errreer -trite kaa lxca- ree�rtrec�- te�ake- expertc�i�trres ar- �Sas-- i�.�rr��- most' s-- ef- sneh- amear�ts- t�:e�- �e-- t�frl -� be titaab�e-- to-- a�a3�e -ter -9 ast- �rnc�- �ee�onei�i�-- ret�rrrr- orriris property -- giv em- - the - -vft5 imt m--- inoreese-- -pernritA-. �- by Seetsvrr- ter.- 4r4rA66 ;--- �sy►-- fiie-- �ri�ir-- bhe-- �e�ere� --an app�reatrea -f er -a- seat-- i- rre�ease-- f�- orre --or -- mare•- apaees er-- app�iea�iea-- te-- rec�t:ee,--- ar-- ekare�e -- far,--- eer�a�n servi- ees- ori- faetiities; - i:sr- e3ti°ier -�-�� - rei�t�ee�- -fie hererrrafter- as--" sppi- iea�iorr '�- ar- "app3ieatien- -ior-teat raereageru application shall state the amount of the adjustment for each space affected and the reasons for the adjustment. 1. An application shall be accompanied by the payment of a fee as may be established from time to time by the council. 8 Br- .fit- app�i:eatiea- far -a- rent- rnerease�ttrsttaat�e -tkis s etiea- gira��-be - aeeempaaied by -the - payment- ef- a- fee-of three- handred- deiiai^s: - --3�Y - ap�rl- ic�e�- i�xr- siia��- speeify-, as- apptieab�e,-- tire - address -ef - tlte�ebt�e�teme� ark,- -tyre sgaee- namber- or- �r�ers•- f�e�r�e�- i�� -te be- rnereasee� ,-- tlte- ametrat- ef- the,-re treated- rerrt- tnerease er-- seririce -- - faeil !tie s--reduetierr --OL-- charges; -bke propoaec�- effeetive- date- of- -se:clr i�cress�,- = �+±�!�ioirbr ehargc- and - tom? -~ct - strpgerttng- tile- sp�i�tat�orr. -- 'rte app�}eaat- al°ra��- predtaee -at- the- reelxeat- of -tke board -arty reeords,-- reee #pts ; - repents -or r- �oe�tmes:tgbh� -the beard -- may-- rt3eem-- rteeessaz�r -- far-- tke- �oai- d-- tv-- ma3te - -a detera�natiea- �,thetkrer be- apprav�e- tke- agp�ieatioa. -- 1. A copy of an objection filed by an owner shall be mailed to each of the designated tenant representatives. @r-- use- ex�rrier-- sitfri3 Lei- ve- �ac3r�= � =�; �.� :� -- either perseaaI-I-y - --&r- by- -Math, - - -with -- netiee --ef -- the - -rent inerease- er- ei�angr- i�-- sei.- wi<.� -or faer�ttses- regsested anet - with - eot -iee- �e� -apps teat ion - f e r- eppzw�✓ai --of --same is- being- f-i3ed-- w -i-ttr -the -bad rd. - -- ,i - gtteir- ser�ttee glraii-- be-- f�3�--- wtth-- tkre- -3�oard-- e:e�rtttrrrertt -with- -the 0 f rl'r�l- a f- t- he- �pir�i�- e�ioir .--- eaptes- �- L�he-- app�i�ati:on al:a��-- be- �vsi3$bi� -- free-- of- �irerge-- tc-- nny-- affceted teaaate - regaes tsng- same - eke- bas$tses s -e��f- ire- sr -bke affeeted parlrr D. If an objection is filed within the time provided, be notified that an agreement has been reached. The statements made in negotiations and any agreements reached but not approved shall not be admissible in*anv subsequent hearings regarding the application. E. If the owner and the tenant representatives fail to reach an agreement within the time provided or if a HF. The eeunei4 hearing officer shall set a hearing on the application complying with the requirements of this section no less than ten days and no more than thirty days after his appointment. reeeip -ef- the- app�3eatien an&- preaf- ef- serrriree The evdi er4 hearing officer shall notify the owner and tenants, in writing, of the time, place and date set for the hearing. No hearing or any part hereof may be continued beyond thirty days after 10 the initial hearing date, without the applicant's consent. If the eattnei -1 hearing officer approves an application as requested or as modified, the same shall take effect as noticed by the owner or as the eettmeil hearing officer may otherwise direct. (Ord. 1077 §2, 1986; Ord. 923 §1 (part), 1982: prior code §4806) 5.44.080 Application for rent i- nerea-se adiustment -- Conduct of hearing. A. All review hearings conducted by the eewtei4 hearing officer shall be conducted in accordance with the Ralph M. Brown Act, at Section 54950 et seq. of the California Government Code and according to the rules of the American Arbitration Association. B. All interested parties to a hearing may have assistance from an attorney or such other person as may be designated by the parties in presenting evidence or in setting forth by argument their position. All witnesses shall be sworn in and all testimony shall-be under penalty of perjury. C. In the event that either the owner or the tenant(s) should fail to appear at the hearing at the specified time and place, the eett"A hearing officer may hear and review such evidence as may be presented and make such decisions as if all parties had been present. D. Applrieaat Owner and affected tenants may offer any testimony, documents, written declarations or other relevant evidence. E. Formal rules of evidence shall not apply. F. Minutes shall be taken at all hearings. (Ord. 923 §1 (part), 1982: prior code §4807) 5.44.090 Application for rent inerette adjustment- - Evaluation-- Relevant factors. In evaluating the application the e&wtekl hearing officer may consider, along with all other factors it considers relevant, changes in costs to the owner attributable to increases or decreases in master land and /or facilities lease rent, utility rates, property taxes, insurance, advertising, variable mortgage interest rates, employee costs, normal repair and maintenance, and other considerations, including, but not limited to, rehabilitation work, capital 11 improvements, upgrad-ng and addition of amenities or services, net operating income, and the level of rent necessary to permit a just and reasonable return on the owner's property. (Ord. 923 §1 (part), 1982: prior code § 4808) 1981 may be substituted. The difference shall be added to gross annual rent based on rental rates in effect on March 15, 1982. The sum shall be the allowable gross annual space rent. The allowable gross space rent shall be fairly apportioned between all spaces in the park. The space rent determined under the MNOI formula shall be adjusted as follows: inflation adjusted gross space rent. The allowable space rent shall be the greater of the space rent calculated using the MNOI formula and the space rent adjusted for inflation. reasonable return on his property. 12 spaces. 5.44.100 Application for rent irzereage adjustment--Hearing- - Determination. A. The eowt&el hearing officer shall make a final decision no later than twenty days after the conclusion of its hearing. The hearing officer's decision shall be based on the preponderance of the evidence submitted at the hearing. The decision shall be_ based "on findings. All parties to the hearing shall be advised by mail of the Counsel's hearing officer's decision and findings. B. Pursuant to its findings, the eattreei-I hearing officer may: 1. Permit the requested rent- inereaee adjustment to become effective, in whole or in part; or 2. Deny the requested rent- inerease adjustment; or 3. Permit or deny, in whole or in part, requested reductions of, or charges for, facilities or services. C. Any decision of the eattnei -I hearing officer shall be final unless, within fifteen days after mailing of the decision and findings the owner or any affected tenant appeals the decision. (Ord. 923 §1 (part), 1982; prior code §4809) D. The hearing officer's charges shall be paid by the City. 13 5.44.110 f:2epea3ed+ Application for rent adjustment- - Appeal-- Hearing. A. Any appeal from a decision of the hearing officer shall be filed with the City Clerk The appellant addresses of the tenants supporting the appeal The appeal must be supported by at least a majority of the tenants affected by the appeal. B. Upon filing of a valid appeal the City Clerk shall acted shall not qualify. Owners and tenant and three of the remaining persons shall be selected by the City Clerk as the Appellate Panel Appointment of the Appellate Panel shall be completed no later than twenty -one (21) days after filing the appeal C. At the time set for consideration of the appeal the _Appellate Panel shall review and consider the record of t}1P } an-ri rf nffi r ,c V nmm 4"n sec •,. ii 1, 4-1... A....:... -- hearing officer. If a further hearing is conducted the Appellate Panel may upon conclusion of that hearing an abuse of discretion or that there is no substantial evidence to support the hearing officer's decision. (Ord. 923 61 (part), 1982: prior code 64810) D. If the party filing the appeal is unsuccessful Payment of the Appellate Panel's charges.. 14 5.44.120 Rent increases not made in conformity with. provisions -- Tenant's right to refuse to pay. A tenant may refuse to pay made in conformity with this pay shall be a defense in any possession of a mobile home rent increase. (Ord. 923 §1 §4811) any increase in rent not chapter. Such refusal to action brought to recover space or to collect the (part), 1982.: prior code 5.44.130 Actions brought to recover possession of mobile home space -- Retaliatory eviction grounds for denial. Notwithstanding Section 5.44.120, in any action brought to recover possession of a mobile home space, the court may consider as grounds for denial any violation of any provision of this chapter. Further, the determination that the action was brought in retaliation for the exercise of any,rights conferred by this chapter shall be grounds for denial. (Ord. 923 §1 (part), 1982: prior code §4812) 5.44.140 Owner to provide tenants with copy of this chapter. Any tenant offered a lease or contract which if accepted and fully executed would be exempt from the provisions of this chapter (Section 5.44.030E) shall at the time of the offer also be provided with a copy of this chapter. (Ord. 923 §1 (part), 1982: prior code §4813) 5.44.141 Amendment The provisions of this Chapter 5.44 may be amended by a majority vote of the City Counsel. 5.44.142 Severability ord \mobile.rin (12/11/87) 15 1 We have two proposals on the Rent Stabilization Ordinance. One is on the amendments to the present Rent Stabilization Ordin- ance of the City of San Luis Obispo and two, the Initiative of the Rent Stabilization Ordinance that will be presented to the voters of the City of San Luis Obispo in the June Election. The most im- portant issues between the two to be considered are as follows: AMENDMENTS TO THE RENT STABILIZA= INITIATIVE OF THE RUNT STABIL- TION ORDINANCE OF THE ;ITY OF SAN IED IZATION ORDINANOB TO BE PRESENT LUIS OBISPO. TO THE VOTERS OF SAN LUIS OB. 1. 2. 3. 4. C.P.I. Sliding Scale: 100% of the C.P.I. up to 5% and 75% of the C.P.I. in excess of 5 %. A cap of 9% will be used if the C.P.I. goes above 9%. Safe Harbor: If two — thirds of the park sign leases for more than a year, those who do not sign leases will be treated accordingly as if they had signed the lease. Vacancy decontrol: Change of ownership or mobilehome is moved out will provide a loo increase of the then ex- isting space rent and not more then once in a 36 month period. Selection of a Hearing Oficer The City Clerk shall obtain a list of no less than five (5) qualified hearing officers. Owners and tenants may each delete one person from the lis of qualified hearing officers. One of the remaining persons shall be selected b; the City Clerk as th.= ! ,. _:r;. No sliding scale. Only 75% of the C.P.I. will be adhered to. A cap of the C.P.I. will be 8 %. In the event that any homeowner in a mobilehome park enter into leases with the Park Owner, Home Owners who do not enter into such leases shall nevertheless be en- titled to Rent Stabilization of this Ordinance. Vacancy decont%p1: In the event that a homeowner sells, conveys or otherwise transfer ownership of his or her mobilehome or the right to occupancy, the Park Owner shall not be permitted to establish a new base rent for the mobilehome space and shall not be entitled to or otherwise increase the space rent in contravention of this ordinance. Hearing Officer — Established: There -.is established a qualified Hearing Officer with a background in accounting, to be selected by the City. 1%. 5. Appeals: In the event of an appeal from the decision of the Hearing Officer, the City Clerk shall obtain a list of no less than seven (7) qualified hearing off- icers. The hearing officer who previously acted shall not qualify. Owners and ten- ant representatives may each delete one person from the list of qualified hearing officers and three of the remaining persons shall be selected by the City Clerk as the appellate panel. 6. Application for rent in- crease - fee. An application shall be accompanied by the payment of a fee as may be established from time to time by the council. 7. Common area utilities - pass through. Space rent may be automatically adjusted based on increases in expenses for common area utilities; gar- bage, water and sewuservices. Appeals: In the event of an appeal from the decision of the hearing Officer the City Council shall re- view and consider the record of the hearing, findings an decision of the hearing officer. After review and consideration the Council may either (1) determine that a further hearing shall be held within a reasonable time, or (2) ratify and adopt the findings and decisions of the hearing officer. Application for rent increase - fee. An application for rent increase or decrease pursant to this section sha11 be accompanied by the payment lof a fee of $125.00 plus $1.00 per 'mobilehome. Common area utilities - pass through. No provisions for a pass through is not included in the initiative.