ORD 1843 - Laserfiche WebLink

O. Based on numerous letters that have been written to the City Council, as well as testimony heard at the City Council where this ordinance was considered, the City Council finds that the overwhelming majority of the residents who live at Vineyard Villa and the Hacienda Mobilehome Park, both of which have operated as senior parks, purchased their mobilehomes in those parks in good faith and on reliance from the park owners or their representatives that the park would continue to be operated as a senior park. But for said representations, these residents would not have purchased their mobilehomes in these parks. If the use of these parks were changed so that the parks would no longer be senior parks, the residents' quality of life would be dramatically and negatively affected, all as described in the numerous letters and correspondence provided to the Council, which are incorporated herein by reference. P. The City Council declares that it is necessary in the public interest to establish a means by which to resolve the potentially divisive and harmful impasse between park owners and mobilehome residents. After consideration of numerous factors, among which are the relatively small number of parks located within the City, the level of organization and communication between mobilehome residents in each park, and the mandates of State law, regulations which best fit the needs of the City have been selected. Q. The regulations which are set forth in this Chapter are designed to produce stability in rent increases for mobilehome residents while recognizing the rights of park owners to receive a fair return on their investment. The standards, utilizing the concept of net operating income and a 2002 base year, intend to provide the necessa~ adjustment mechardsms to meet constitutional requirements. R. The Council finds that the adoption of Ordinance codified in this Chapter will not have a significant, substantial or adverse effect on the physical environment of the community because enactment of this ordinance involves no deviation from the General Plan and no change in the present use of any property within the City. 6.60.020 Definitions. A. "Adjusted monthly rent" is the monthly space rent for each mobilehome space in Pleasanton plus, under certain circumstances, the real property taxes (see subsection 6.60.040A2 of this Chapter), plus the amortized capital improvements costs, if any, for such space. B. "Base rent" is the adjusted monthly rent: 1) less the amortized capital improvement costs; and 2) less the operating expenses and the real property taxes. (For example, if the adjusted monthly rem were $525.00 as of January 1, 2002, the capital improvemem costs were $25.00, and the operating expenses and real property taxes were a total of $150.00 per space [through September 30, 2001], the base rem for 2002 would be $350.00.) C. "Capital improvements" are any new additions or betterments made to a park such as, but nol limited to, a new swimming pool, a new building, a new fence or a new road where one of the same size, function and quality had not existed before. For the purpose of this Chapter, rehabilitating or replacing any of the capital improvements, in threshold amounts set forth in Section 6~60.100 of this Chapter, shall be treated as capital improvements.