Ordinance Number 405ORDINANCE NO. 405
AMENDING ORDINANCE NO. 380 - ESTABLISHING
A MOBILE HOME PARK REVIEW BOARD
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING SECTIONS 2 AND 7 OF ARTICLE
9, CHAPTER 2, TITLE 2 OF THE SAN JUAN CAPISTRANO
MUNICIPAL CODE (URGENCY)
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
RFCTTON 1_
Section 2 of Article 9 of Chapter 2 of Title 2 of the
San Juan Capistrano Municipal Code is hereby amended by adding
subsection G to read as follows:
"G. Maximum Allowable Percentage. The maximum allowable
increase in space rent shall be the lesser of:
111. The percentage of increase in the Consumer
Price Index (CPI) all Urban Items, for the
Long Beach/Anaheim area for the twelve -month -
period immediately preceding the date upon
which any notification of rent increase is
given; or
"2. Nine percent (9%) of the space rent."
SECTION 2.
Section 7 of Article 9 of Chapter 2 of Title 2 of the
San Juan Capistrano Municipal Code is amended to read as follows:
"SECTION 7. Space Rent Increases.
"Upon receiving a petition concerning a space rent
increase pursuant to Section 8 herein, the Board shall make a
preliminary investigation to determine if the increase would
exceed the "Maximum Allowable Percentage" as defined in Section
2.G. of this Ordinance. If the rent increase does not exceed such
maximum, the Board shall reject the petition and shall not hold a
public hearing thereon. If, on the other hand, the Board's
investigations indicate that the increase exceeds such Maximum
Allowable Percentage, a public hearing shall be scheduled to
determine the necessity and/or justification for the increase in
space rent.
"The "Maximum Allowable Percentage" shall be applied
to each space and shall not be based upon the park's mean rent.
There shall, moreover, be no more than one increase in space
rents within a park during any twelve month period."
SECTION 3. Effective Date.
This is an Urgency Ordinance for the immediate
preservation of the public health, safety, and general welfare,
and shall take effect immediately. The facts of the urgency
justifying the enactment of this Ordinance are as follows:
1. The President of the United States has set forth
advisory guidelines for wage and price controls at
a ceiling of nine percent (98);
2. Many residents of the mobile home parks are senior
citizens on fixed income whose income does not
keep up with the current spiraling Consumer Price
Index (CPI);
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3. Proposed increases in space rents threaten the
public health, safety and general welfare of all
mobile home park residents;
4. The expeditious protection of mobile home residents
from increases which threaten them with the loss
of their mobile home residence is necessary.
SECTION 4. City Clerk's Certification.
The City Clerk shall certify to the adoption of this
Ordinance and cause same to be posted in the duly designated
posting places within the City of San Juan Capistrano within
fifteen (15) days after its passage.
PASSED, APPROVED AND ADOPTED this 16th day of
April 1 1980, by the following vote, to wit:
AYES: Councilmen Friess, Schwartze, Buchheim
and Mayor Hausdorfer
NOES: None
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan
Capistrano, California, DO HEREBY CERTIFY that the foregoing is a
true and correct copy of Ordinance No. 405 , adopted by the
City Council of the City of San Juan Capistrano, California, at a
regular meeting thereof held on the 16th day of April ,
1980 .
(SEAL)
MARY ANN H OVER, CITY CLE;iIC