HomeMy WebLinkAbout12/01/1992, C-8 - AMENDMENTS TO THE MOBILE HOME PARK RENT STABILIZATION ORDINANCE CONCERNING EXEMPTIONS FOR PARKS WITH 66.67% OF SPACES UNDER LEASE AGREEMENTS AND PARKS WITH CONDOMINIUM OWNERSHIP MEETING 09-1 E:
��i itil 't'j� city of san luls oB •
tspo 2- -92
A Rij 17EM NUMSER:/J/
COUNCIL AGENOA REPORT
FROM: Jeffrey G. Jorgensen, City Attorne
SUBJECT: Amendments to The Mobile Home "Park Rent
Stabilization Ordinance Concerning Exemptions
for Parks with . 66. 67% of Spaces Under Lease.
Agreements and Parks With Condominium
ownership
CAO
RECOMMENDATION: Give Final Passage to Ordinance No. 1228 (1992
Series) Amending Chapter 5.44 of the San Luis
Obispo Municipal Code to. Delete Exemptions
5.44 . 030 (F) and (G) and Add a New Exemption
(F) Concerning Condominium Ownership.
SUMMARY DISCUSSION:
On November 10, 1992, the City Council passed to print an amendment
of the San Luis Obispo Municipal Code, Section 5.44 . 030, to delete
the exemption for parks with 66. 67% of spaces under lease
agreements from the Mobile Home Park Rent Stabilization Ordinance,
and to modify the exemption for parks with condominium ownership so
that the exemption would only apply where the dwelling unit and the
underlying interest in the space it is located upon are in the same
ownership.
FISCAL IMPACT:
There is no anticipated impact on City funding, either in terms or
expense or savings, with the exception of potential litigation.
Costs of any such litigation are too speculative to project at this
time.
JGJ/sw
Attachments:
1. Ordinance No. 1228 (1992 Series)
2 . Legislative Draft
I
ORDINANCE NO. 1228 (19 92 Series)
An Ordinance of the Council of the City of San Luis
Obispo Amending Chapter 5.44 of the San Luis Obispo
Municipal Code to Delete Exemptions 5.44.030F
and G From Mobile Home Park Rent Stabilization.
1
BE IT ORDAINED by the Council of the City of San Luis Obispo:
SECTION 1. Section 5 .44 . 030 Exemptions, is hereby amended to
delete subparagraphs F and G of the San Luis Obispo Municipal Code
so that the new Section 5.44 . 030 shall read as follows:
5.44 . 030 Exemptions.
The provisions of this chapter shall not
apply to the following tenancies in mobile
home parks:
A. Mobile home parks 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 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. No rent increases
other than that allowed under the provisions
of the lease shall be allowed during the
duration of such a lease or contract.
F. Spaces in a mobile home park which
sells lots for factory-built or manufactured
housing, or which provides condominium
ownership of such lots, but only when the
dwelling unit and the underlying interest in
the space itis located upon are in the same
ownership.
ATTACHMENT 1
Ordinance No. 1228 (1992 Series)
Page Two
SECTION 2 . This ordinance, together with the names of council
members voting for and against, shall be published once in full, at
least three days prior to its final passage, in the Telegram
Tribune, a newspaper published and circulated in this City. The
ordinance shall go into effect at the expiration of 30 days after
its final passage.
INTRODUCED AND PASSED TO PRINT by the Council of the City of
San Luis Obispo at its meeting held on the 10th day of November
1992, on motion of Council Member Roalman , seconded by
Council Member Reiss , and on the following roll call vote:
AYES: Council Members Roalman, Reiss, Pinard, and Rappa
NOES: None
ABSENT: Mayor Dunin
/s/ Mayor Ron Dunin
Mayor Ron Dunin
ATTEST:
/s/ Diane Gladwell
City Clerk, Diane Gladwell
APPROVED:
CittAministrative Officer
04 jr
A or eyy
Community Devel kppent Director
�-8-3
LEGISLATIVE DRAFT OF
SAN LUIS OBISPO MUNICIPAL CODE
SECTION 5.44.030
5.44. 030 Exemptions.
The provisions of this chapter shall not
apply to the following tenancies in mobile
home parks:
A. Mobile home parks 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 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. No rent increases
other than that allowed under the provisions
of the lease shall be allowed during the
duration of such a lease or contract.
F. Spaces in a mobile home park in whieh
at least 66. 67 pereent e£ said spaees are
governed by a lease with an initial term e€
were thae—ewe- ea z*hick� sells lots for
'actoy-bmy
elt ?1�21nt1aCtlxQi3 # oaUS7iCJr
rahich rouies condflmnium :ownership of such
>.ots, but oril� Wi�;en the dwe�l�.�g ur�3t and tk�e
uh e ...Anqiiinterestnthe space it is lacatec
u' ory ale 3s the sametanasii .
sell lets fer
faeteryhiiIt er—fRanufaetured—heusiffier
lets, even if ene—er mere hetes inth-e
derelepment-are rented-er !eased aut.
ATTACHMENT 2
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