HomeMy WebLinkAboutJanuary 2004 - August 2005Ii ADOPTED
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NO. TITLE ADOPTED
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EXTENDING OF '
ORDINANCE I 505 03-28-05
907 ADOPTING AMENDMENTS 1 TITLE 17 OF
ToVELIKICIPAL CODE TO ESTABLISH
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ORDINANCE 508 INTERIM URGENCY
ESTABLISHING A MORATORIUM
MEDICAL DISPENSARIES 05-09-02-1
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1 ADOPTED
501 ORDINANCE ADOPTING AMENDMENTS TO THE
ZONING ORDINANCE TO REGULATE SECONDARY
UNIT, GUESTHOUSES AND SATELLITE DISH
ANTENNAS CITY WIDE
04 -26 -04
502 ORDINANCE TO AMEND SECTION 2.25.120(D)
OF THE MORRO BAY MUNICIPAL CODE
(COUNCIL POLICIES) 06 -14 -04
503 ORDINANCE ANNOUNCING FINDINGS AND
ADOPTING AMENDMENTS TO THE ZONING
MAP 07 -12 -04
504 ORDINANCE AM; i SECTION
OF ,0 OF 1O BAY
MUNICIPAL CODE 10-25-04 •?
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The City Council
City ofMorro Bay, California
Page Two
NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City if Morro Bay, California,
determines as follows:
INTRODUCED at the regular meeting of the City Council held on the 25 1h day of July 2005, by motion
of Councilmernber Baxley and seconded by Councilmember Peirce, by a vote of 5:0.
PASSED, APPROVED AND ADOPTED, by the City Council of the City of Morro Bay, on the 8"' day
of August 2005 by the following vote to wit:
NOES: Winholtz
ATTEST:
1 L&6
Bridgett Bao, City Clerk
APPROVED AS TO FORM:
Robert W. Schultz, E'q.
City Attorney
RA 0XII) �NIIIJI OR iz V91 BE#] a I til
The City Council
City of
Ordinance No. 512
Page Two
NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City if Morro Bay, California,
determines as follows:
INTRODUCED at the regular meeting of the City Council held on the 25th day of July 2005, by motion
of Councilmunbar Baxley and seconded by Councihnember Peirce, by a vote of 5:0.
PASSED, APPROVED AND ADOPTED, by the City Council of the City of Morro Bay, on the 8'h day
of August 2005 by the. following vote to wit:
NOES: Winholtz
ABSENT: None
ATTEST:
Bridgett B City Clerk
APPROVED AS TO FORM:
Robert W. Schultz, sil,
City Attorney
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The City Council
City of Morro Bay, California
Case « t tOO 003 ZoninText f #endme s)
INFIIIIIIII! » I i » «2, G1, : IRO £ ' «IR & KINE
Ordinance No. 511
Page Two
NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City if Morro Bay, California,
determines as follows:
SECTION 1: Title 17 of the Morro Bay Municipal Code (Zoning Ordinance) is amended as
contained in Exhibit "A", attached hereto and made a pail of this ordinance.
SECTION 2: To implement the amendinent adopted herein, the City Council of the City of Morro
Bay, hereby directs as follows:
1. That the above recitations are vue and correct and constitute the findings of the City Council
in this matter; and
2. That the City Council does hereby approve Case No. A00 -003 (Zoning Text Amendments).
INTRODUCED at the regular meeting of the City Council held on the 25h day of July 2005, by motion
of Councilmember Baxley and seconded by Councilinember Peirce, by a vote of 5:0.
PASSED, APPROVE D AND ADOPTED, by the City Council of the City of Morro Bay, on the 8h day
of August 2005 by the following vote to wit:
AYES: Baxley, DeMeritt, Peirce, Peters
�Y
Bridgett B—Zer, City Clerk
APPROVED AS TO FORM:
Robert W. Schultz, Esq,
City Attorney
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WHEREAS, Chapter 8.16 of the Morro Bay Municipal Code does not include
procedures for the collection of solid waste fees from delinquent rate payers; and
WHEREAS, the City's franchise hauler brought to light during the rate adjustment
application in December 2004 an issue regarding bad debt expense as the cost for bad debt
expense has risen dramatically over the past several years, which increases operating expenses
and reduces revenue; and
WHEREAS, while the franchise hauler has a collections person who pursues the non
payers through phone calls, small claims court and a credit collection agency, these actions are
time consuming and not always successful; and
WHEREAS, the Morro Bay citizens who pay their solid waste bills should not continue
to subsidize those that do not pay their solid waste bills; and
WHEREAS, cities like San Luis Obispo, Cayucos, Los Osos and Oceano have amended
their solid waste ordinances to deal with delinquent accounts through a tax lien process that has
virtually eliminated bad debt. expense with only a very small number of individuals going to tax
lien to recover service fees.
BE IT ORDAINED by the Council of the City of Morro Bay as follows:
Chapter 8.16 of the Morro Bay Municipal Code is amended to add the following:
HI-Welwo
D. The owner of the property which is furnished service and the customer who applies for
the service, if different from the property owner, shall be jointly responsible for the payment of
all rates, charges and fees, including penalties thereon regarding such furnished services. Unpaid
obligations shall run with the land, shall create a lien on the property and shall lead to
delinquency for the property involved.
I E. For those situations where the city owns the property and the customer applying for
service is not the city as the customer is renting or leasing said property from the city, such as a
lease site holder, the customer is solely responsible for the payment of all rates, charges and fees,
including penalties thereon regarding such furnished services. Unpaid obligations shall create a
lien that shall be placed on the customer's annual possessory tax bill.
Ordinance No. 5 10
Page Two
8.16.375 Billing
The city's solid waste contractor shall bill the customers who applied for services at the
service address. The owner of the property may request a duplicate bill, upon payment of a
reasonable fee to be approved by the city manager. The solid waste contractor is authorized to
include the duplicate fee as part of the individual monthly customer bill.
The city's solid waste contractor shall provide each property owner with notice of property
owner's responsibility for payment of solid waste rates and charges and a summary of Chapter
8.16 of the Morro Bay Municipal Code as part of all notices of rate increases required by the
franchise agreement.
8.16.385 Collection of Rates and Charges as Tax Liens
A. Duties of Solid Waste Contractor
Once each year, prior to a date established by the city, the solid waste contractor shall
take the following actions to collect delinquent residential and commercial solid waste collection
and disposal accounts.
(1) Present the city with a list of property owners, with corresponding parcel numbers,
within the city where the service accounts are more than one hundred twenty (120) days past
due;
(2) Send a certified letter to each property owner identified in 8.18.385A(1) above
notifying the property owner of the amount of the delinquency and requesting payment within
forty-five (45) calendar days. Said letter shall further notify the property owner that non-
payment shall result in the city placing a lien on owner's property and collecting the amount
owing with general taxes. Said letter shall also reference this Code Section.
(3) Present the city with a list of property owners, with corresponding parcel numbers,
that have failed to make payment as provided in 8.16.385A(2) above.
B. City Obligations
The city manager or his/her designee is authorized to record a certificate with the county tax
assessor specifying the aniount of such charges and fees and the name and address of the persons
liable therefore upon receipt of the information identified in 8.16.385A(3) above from the solid
waste contractor. The city may include in the lien amount an administration fee to recover the
reasonable costs associated with the city having to process the liens.
Page Three
SECTION 2. A summary of this ordinance, approved by the city attorney, together with the
names of the city council members voting for and against it, shall be published at least five days
prior to its final passage, in the Tribune, a newspaper published and circulated in this city. This
ordinance will go into effect at the expiration of thirty (30) days after its final passage.
INTRODUCED at a regular meeting of the City Council of Morro Bay held on the 13th day of
June 2005 by motion of Councilmember Baxley, seconded by Councilmember Peirce.
EVVIt"I"t &11111111a
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BkIDGETtBAUER, City Clerk
ROBERT SCHU�Y, City Attorney
WHEREAS, the voters of the State of California approved Proposition 215, codified as
Health and Safety Code sections 11362.5 et seq. and entitled "The Compassionate Use Act of
1996" (the "Compassionate Use Act"); and
WHEREAS, the State legislature enacted SB 420 to clarify the scope of the
Compassionate Use Act and to allow cities to adopt and enforce rules and regulations consistent
with SB 420; and
WHEREAS, the existing City zoning, health and safety laws do not provide for the
location and regulation of medical marijuana dispensaries and such uses might be permissible in
any zone that allows retail or medical uses, without City oversight of any type or nature; and
WHEREAS, during the pendency of this moratorium, Staff has been directed to study all
aspects of this issue and to develop legislation to regulate and locate medical marijuana
dispensaries in a manner that will minimize their impact on the community; and
WHEREAS, several nearby cities have received inquiries from parties seeking to open
medical marijuana dispensaries in San Luis Obispo County; and
WHEREAS, while the use of marijuana is allowed for medicinal purposes under
California law, marijuana is still a prohibited controlled substance under Federal law, and
pending before the U.S. Supreme Court is the case of Ashcroft v. Raich, and a decision in that
case is expected to resolve this conflict of laws; and
WHEREAS, if medical marijuana dispensaries were allowed to be established without
appropriate regulation, such uses might be established in areas that would conflict with the
requirements of the General Plan, be inconsistent with surrounding uses, and/or be detrimental to
the public health, safety and welfare; and if such uses were allowed to proceed, such uses could
conflict with, and undermine City's intention to study and adopt new regulations regarding
medical marijuana dispensaries; and
WHEREAS, this interim urgency ordinance is adopted pursuant to the requirements of
Government Code Section 65858.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Morro
Bay, as follows:
UCTION 1: Recitals
;FECTION 3: Moratoriuw,
The City Council hereby declares a moratorium on the establishment of any and all medical
marijuana dispensaries and any and all modifications to existing uses to add a medical marijuana
dispensary.
SECTION 4: Definitions
PAGE 2 Of 3
Section 113 62.5 et seq. and the City of Morro Bay Municipal Code, including, but not limited to,
the City's Zoning Code.
;WECTION 5: Severability
SECTION 6: Publication
Within fifteen (15) days after adoption of the Ordinance, the summary with the names of those
City Council Members voting for and against the Ordinance shall be published in a newspaper of
,general circulation within the City.
SECTION 7: Effective Date; Expiration
This Urgency Ordinance is adopted pursuant to Government Code Section 65858 and shall
become effective immediately upon its adoption, and shall remain in force and effect thereafter
for a period of forty-five (45) days, unless extended by further action of the City Council.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Morri.
itay, on the 9d' day of May 2005 by the following vote to wit:
AYES: Baxley, Peirce, Peters, Winholt7
NOES:
DeMeritt
ABSENT:
None
ABSTAIN:
None
EX91#11=1
Jo� Boucher, Deputy City Clerk
PAGE 3 Of 3
AN ORDINANCE OF THE CITY OF MORRO AND
ADOPTING ODESTABLISH
PROVISIONS OR MINISTERIAL REVIEW SECONDARY DWELLING UNITS AND
PERMITTED GUESTHOUSES IN ALL ZONES WHERE SINGLE FAMILY HOMES ARE A
Case loo. LCP /Z A 006
VY'HEREAS, on February 14, 2005, the City Council of the City of Morro Bay conducted a public
hearing and established a 45 -day moratorium on second dwelling units to allow the City time to develop and
initiate amendments to the Municipal Code that would provide more effective standards for second dwelling
units; and
WHEREAS, it is the purpose of the Zoning Ordinance of the City of Morro Bay is to establish a
precise and detailed plan for the use of land in the City based on the General Plan; and
WHEREAS, California State Law §65852.2 requires City's to establish standards to allow for
ministerial secondary dwelling units so as to increase the supply of smaller, affordable housing while
ensuring that they remain compatible with the existing neighborhood; and
WHEREAS, the proposed amendments meet the intent of the State Law by providing for an
option to build a small, secondary dwelling unit or guest house in all zones that permit single family
dwellings and have no more than one single family home existing on the property; and
WHEREAS, the proposed amendments provide for the approval of small secondary units
ministerially, but do not prohibit the construction of larger discretionary secondary dwelling units as may
be provided for in the zoning of the property; and
WHEREAS, it is important to have clear, consistent, easy to use and interpret regulations within
the Zoning Ordinance; and
WHEREAS, the Planning Commission of the City of Morro Bay, on February 21, 2005 and March 7,
2005 after duly noticed PUBLIC HEARINGS, did forward a recommendation, by adoption of Planning
Commission Resolution No. 01 -05 that the City Council amend Title 17 (Zoning Ordinance) to comply with
the State legislation (AB 1866) as contained in attached Exhibit "A ", and
WHEREAS, on April 11, 25 and May 9, 2005, the City Council of the City of Morro Bay did hold
duly noticed PUBLIC HEARINGS to consider the amendment regulating Secondary Unit and Guesthouse as
contained in attached Exhibit "A "; and
WHEREAS, the City Council finds that Negative Declaration was prepared to evaluate the
environmental impacts of the proposed ordinance amendments, and determined that no significant impacts
would result from the adoption of these amendments; and
WHEREAS, following the PUBLIC HEARING, and upon consideration of the testimony of all
persons, both written and oral, the City Council accepted the Planning Commission recommendation and
approved the amendment based on the following findings:
1. Certain neighborhoods in the City are impacted by the lack of available off-street parking for vehicles,
and the provision of additional on-site parking would help to alleviate this problem.
2. The Zoning Ordinance Amendment proposal is consistent with the State Statute AB 1866 and includes
similar language, which was previously in effect.
3. The proposed Zoning Ordinance Amendments will not be injurious or detrimental to the health, safety,
comfort, general welfare or well being of the persons residing or working in the neighborhood.
4. That the proposed amendment is in general conformance with the City General Plan.
NOW, THEREFORE BE IT ORDAINED, by the City Council of the City if Morro Bay, California, as
follows:
SECTION 1: Title 17 of Morro Bay Municipal Code (Zoning Ordinance) is amended as contained in Exhibit
"A", attached hereto and made a part of this ordinance:
SECTION 2: To implement the amendment adopted herein, the City Council of the City of Morro Bay,
California, hereby directs as follows:
That the above recitations are true and correct and constitute the fmdings of the Council in this matter;
M1
2. The City Council of the City of Morro Bay hereby finds that the Local Coastal Program
Implementation Program (Zoning Ordinance) Amendments are in compliance with the intent, objectives, and
all applicable policies and provisions of the California Coastal Act; and
3. The amendments to Title 17 shall take effect immediately.
Ordinance No. 5
Page Three I
INTRODUCED at the regular meeting of the City Council held on the 9h day of May
F--'005, by motion of Councilmember Baxley and seconded by Councilmember Peirce.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro
Bay, on the 23 ad day of May 2005.
AYES: Baxley, DeMeritt, Peters, Winholtz
Bridgett B&er, City Clerk
ROBERT W. SCHUdk, Esq.
City Attorney
cnanges to Me (7 277=7777 -77gi-7.777
are shown in underli ie for additions, while bold represents council direction at the May 23
meeting, and indicates deletions.
living area may I)e permiLLUT in conjunction TIM a *'TT7Mn';TML, ZSKUJCUL L4 U SC ftic
requirements:
A. Guesthouse Restrictions
A guesthouse shall not contain more than six hundred forty (640) square feet of
habitable floor area containing not more than one bedroom and bathroom nor
shall it exceed thirty (30) percent of the floor area of the main residence, and no
cooking or food preparation or food storage facilities shall be provided.
where a primM single-family dwelling has been pieviously established or is
-Promsed to be established in conjunction with construction_gf_a_guesthouse. OnN
one-guesthouse or second unit is permitted per one primary single-family
dwelling on the same lot.
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-N,
A. Location. Second units maa be established on @.Ry lot in glly R or AG district
where a LrimM single-family dwelling has been previously established or is
proposed to be established in co!ijunction with construction of a second unit. OnI
one-second unit or one, auesthouse is pennitted per one primgy single-family
dwelling on the same lot.
B. Type of Unit. A second unit pLay be attached, detached, or located within the
living area of the primM dwelling unit on the lot, subject to the standards of this
Section.
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E. Size
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sha4-not
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D. Development Standards. Second units shall conform to setback, heigjIt lo
coverage, and other zoning Keguirements 4pplicable to the primm dwelling in the
zoning d
jstrict where the second unit is_"o o ed.
i •:
F. Parkiniz. One additional narkinia space shall be provided for each second unit
with one bedroom and two additional parking spaces shall be provided for units
with two or more bedrooms. . The
parking_ first space can be open and
uncovered, however neither may be in tandem with required parkin of f the
principal dwelling unit or secondary unit, and cannot be located in the front or
street side setback area. The principal dwelling unit must conform to the parkin
requirements of Chapter 17.2-44: Off - Street Parking and Loading.
...
G. Use Limitation
Single - family residences with approved gr secondary units shall not have the
gratmy secondary unit rented independent of the main residence when neither is
occupied by the owner. Primary and Secondary units may be rented under a
single rental agreement if the owner is not occunvina either unit. The terms of the
single rental agreement shall not allow sub -lease of one unit. An owner is
deemed to occupy a unit if they hold it off of the rental market for their own use.
-
F. Parkiniz. One additional narkinia space shall be provided for each second unit
with one bedroom and two additional parking spaces shall be provided for units
with two or more bedrooms. . The
parking_ first space can be open and
uncovered, however neither may be in tandem with required parkin of f the
principal dwelling unit or secondary unit, and cannot be located in the front or
street side setback area. The principal dwelling unit must conform to the parkin
requirements of Chapter 17.2-44: Off - Street Parking and Loading.
...
G. Use Limitation
Single - family residences with approved gr secondary units shall not have the
gratmy secondary unit rented independent of the main residence when neither is
occupied by the owner. Primary and Secondary units may be rented under a
single rental agreement if the owner is not occunvina either unit. The terms of the
single rental agreement shall not allow sub -lease of one unit. An owner is
deemed to occupy a unit if they hold it off of the rental market for their own use.
H. Emergency Access. A second dwelling unit may be permitted only on a lot with
access from a roadway that meets the fire apparatus access road requirements of
the California Fire Code Section 902.2.2.1.
I. Conditional Use Permit. A secondary unit that is lamer than 900 sauare feet
may be permitted only after obtaining a Conditional Use Permit pursuant to
Chapter 17.60. The maximum size of a secondary dwelling unit shall not exceed
1200 be-900 square feet or 50 percent, which ever is smaller, of the existin or
proposed living areas of the pr mary dwelling unit.
limitations of parking subject to Upropriate conditions- adopted with a
Conditional Use Permit in accordance with Cha
pter 17.44,
17.12.295 Secondary Dwelling Unit.
"Secondary dwelling unit" means an attached. of detached or located within the
rr-
(*In general, replace all references in the Zoning Ordinance to "granny unit" with
"secondary dwelling unit". This includes references in Chapter 17.44, Parking and
Chapter 17.24, Primary Districts (discussed below).)
CHAPTER 17.24 PRIMARY DISTRICTS
The following changes apply to areas zoned for single-family and multi-family use,
including the AG, RA, R -1, R-2, R-3, R-4, and CRR districts.
® Allow, by-right, secondary dwelling units that meet the applicable standards in Section
17.48.320
® Delete references to "granny unit".
01
WHEREAS, on February 14, 2005 the City Council made findings that an immediate threat to
[tublic health, safety and welfare existed and adopted a 45-day urgency ordinance to prohibit the
issuance
• permits for secondary dwelling units; and
WHEREAS, said urgency ordinance will expire on March 31, 2005 unless extended by the
City Council in accordance with the provisions of Goverm-nent Code Section 65858(a); and
WHEREAS, the City on March 21, 2005 issued a written report describing the measures taken
to alleviate the condition which led to the adoption of Interim Ordinance No. 505 as required by
Government Code Section 65858(d); and
WHEREAS, the City Council finds that a ten (10) months and fifteen (15) days extension of
Ordinance No. 505 will continue to prevent the issuance of certain permit applications while the City is
in the process of reviewing possible changes to the standards that regulate those types of development;
pill; 111 IN i'll illillilill� 1111 1111111111111�1111 111111111: 111111 111;�Ip�11�1111 11, l�lliiiiiiiii • .Vr M.,
SECTION 1: No further permit applications will be accepted for any land use development
entitlements or other land use permits relating to secondary dwelling units pending completion of
studies and related planning and zoning ordinances for the establishment of a new zoning ordinance
and secondary dwelling unit standards.
SECTION 2: These provisions, as previously adopted in Interim Ordinance No. 505, are
extended for an additional ten months and fifteen days and shall remain in full force and effect until
February 15, 2006 or sooner upon certification of any zoning amendments adopted by the City Council.
Ordinance No. 506
E"age Two
PASSED AND ADOPTED by the Council of the City of Morro Bay at a regular public
meeting held on the 28th day of March 2005 on a motion of Councilmember Winholtz, seconded by
Councilmember Baxley, and on the following vote:
AYES: Baxley, DeMeritt, Peirce, Peters, Winholtz
Q111411 I-VIIIIENINIQ121=1
A- , -,A,�
BRIDGET4` 9AUER, City Clerk
Robert W. Schultz, Es`
City Attorney
� i
THE CITY COUNCIL
necessary to temporarily suspend the granting of land use entitlements or permits relating to secondary
dwelling units pending completion of revisions to the City's zoning ordinance; and
WHEREAS, the City Council finds that the prohibition on the issuance of permits for
secondary dwelling units, which may be passed by at least four affirmative votes in accordance with
Government Code Section 65858(a), is necessary to preserve the public peace, health or safety and
until recommended zoning ordinance amendments are made; and
WHEREAS, Government Code Sections 65858, 36934 and 36937 expressly authorize the City
Council to adopt an urgency ordinance prohibiting any uses which may be in conflict with the
contemplated zoning ordinance which the legislative body of the City is considering or studying or
intends to study within a reasonable time.
O THE CITY COUNCIL OF THE CITY OF MORRO BAY,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of Morro Bay finds that the above recitals are true
and correct.
SECTION 2. From and after the date of this urgency ordinance, neither the City Council nor
the Public Services Department shall approve any land use development entitlements or other land use
permits relating to secondary dwelling units pending completion of studies and related planning and
zoning ordinances for the establishment of a new zoning ordinance and secondary dwelling unit
standards.
SECTION 3. This interim ordinance shall not apply to any application for secondary dwelling
units where such application has been submitted to City Staff prior to the effective date of this urgency
ordinance.
SECTION 4. This Urgency Ordinance is enacted pursuant to the authority conferred upon the
City Council of the City of Morro Bay by Government Code Section 65858, 36934 and 36937, and
shall be in full force and effect immediately upon its adoption by a four-fifths (4/5) vote of the City
Council as if and to the same extent that such ordinance had been adopted pursuant to each of the
individual sections set forth hereinabove.
SECTION 5. In adopting this interim urgency ordinance, the City Council finds and
determines that each of the recitals contained in this ordinance are true and correct, and that the
adoption of this interim urgency ordinance is necessary to protect the public safety, health and welfare,
as those terms are defined in Government Code Section 65858(a), in at least the following respects:
(a) Were the City Council or the Public Services Department to grant land use
approvals or permits, or the like, relating to secondary dwelling units during the pendency of the
studies necessary to revise the City's zoning ordinance, such approvals could undermine the orderly
development of property within the City, resulting in a reduction of the quality, caliber and aesthetics
of the development of such property; and
(b) Were the City Council or the Public Services Department to grant land use
approvals or permits, or the like, relating to secondary dwelling units during the pendency of the
studies necessary to revise the City's zoning ordinance, such approvals could undermine the orderly
Page Three
(b) Were the City Council or the Public Services Department to grant land use
approvals or permits, or the like, relating to secondary dwelling units during the pendency of the
studies necessary to revise the City's zoning ordinance, such approvals could undermine the orderly
development of property within the City, resulting in the inability of the City to assure that property is
developed to its best use as allowed by law; and
(c) Were the City Council or the Public Services Department to grant discretionary
land use approvals or permits, ®r the like, relating to secondary dwelling units during the pendency of
the studies necessary to revise the City's zoning ordinance, such approvals could authorize
development which is in violation of State laws.
PASSED AND ADOPTED by the Council of the City of Morro Bay at a regular public
meeting held on the 14th day of February, 2005 on a motion of Councilmember Winholtz, seconded by
Councilmember DeMeritt, and on the following vote:
AYES:
Baxley, DeMeritt, Peirce, Peters, Winholtz
NOES:
None
ABSENT:
None
A
EEST: ll'. 11 i(kAt &&Lg
BRIDGET AUER, City Clerk
Robert W. Schultz, Eso
City Attorney
1" ;
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s - I
THE CITY COUNCIL
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�MNL�LA Ll"t
,12�11y-Cit.,LIF*7 ikJ11A
"Peddler" and "Solicitor" means and includes every person requesting an
immediate donation of money and/or who solicits as defmed in Section 5.08.150
of this code specifically engaged in solicitation by going from house to house,
place to place, or along city streets and on public right-of-way.
INTRODUCED at the regular meeting of the City Council held on the I 11h day
of October 2004, by moti ®n of Councilmember Peirce seconded by Councilmember
Peters,
PASSED, APPROVED AND ADOPTED by the City Council of the City of
Morro Bay, on the 25t" day of October, 2004 by the following vote to wit:
AYES: Elliott, Peirce, Peters, Yates
NOES: Winholtz
ABSENT: one
ATTEST:
Bridgett Bau *, City Clerk
AN ORDINANCE OF THE CITY OF I' 1 BAY I
ANNOUNCING FINDINGS 1 ADOPTING AMENDMEN
TO THE ZONING MAP
THE CITY COUNCIL
City of Morro Bay, California
Case No. LCP -001- 020 /ZOA -000 -102
WHEREAS, the Planning Commission of the City of Morro Bay, on May 17,
2004 after a duly noticed PUBLIC HEARING, did forward a recommendation, by
adoption of Planning Commission Resolution No. 02 -04 that the City Council amend the
Zoning Map to change the zoning from Central Business /General Commercial (C -1 /C-
2/SP) to Mixed Commercial/Residential and Multiple Residential - Professional with a
Planned Development Overlay retaining the Specfic Plan designation (MCR/R- 4/PD /SP)
for Lots 9, 10, 11, 19, 20, 21 & 22 of Block 7 in the Tract of Rancho Morro as contained
in attached Exhibit "A "; and
WHEREAS, on the 28th day of June 2004, the City Council of the City of Morro
Bay did hold a duly noticed PUBLIC HEARING to consider the amendment to the Local
Coastal Program to change the zoning as contained in attached Exhibit "A" and
WHEREAS, the Environmental Coordinator determined that the Mitigated
Negative Declaration (MND) prepared for the project is complete and adequate and fully
complies with the California Environmental Quality Act (CEQA). The information
contained in the MND, and all public comments submitted pursuant thereto, have been
considered prior to taking action on the project. All feasible mitigation measures
identified in the MND have been agreed to be the applicant and have been carried over as
Conditions of Approval. With the Conditions of Approval, the project would not have a
significant impact on the environment; and
WHEREAS, following the PUBLIC HEARING, and upon consideration of the
testimony of all persons, both written and oral, the City Council accepted the Planning
Commission recommendation and approved the amendment based on the following
findings:
L The proposed amendment is consistent with the intent of the State Coastal Act;
and
2. The proposed amendment is consistent with the General Plan and Local Coastal
Program Land Use Plan.
3. The proposed Zoning Map Amendment will not be injurious or detrimental to the
health, safety, comfort, general welfare or well being of the persons residing or
working in the neighborhood or the City.
Page Two
2. The City Council of the City of Morro Bay hereby finds that the Local Coastal
Program (Zoning Map) Amendment is in compliance with the intent, objectives,
and all applicable policies and provisions • the California Coastal Act; and
3. The amendment to Zoning Map shall take effect immediately upon certification
by the California Coastal Commission.
INTRODUCED at the regular meeting of the City Council held on the 28 th day C's
June 2004, by motion of Councilmember Peirce and seconded by Councilmember Elliott.M
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of
Morro Bay, • the 12th day of July 2004 • the following vote to wit:
AYES: Elliott, Peirce, Peters, Winholtz, Yates
NOES: None
ABSENT: None
Lei HWEM 0=1 •
ATTEST-
Bridgett Bal, City Clerk
City of Morro Bay
APPROVED AS TO FORM:
EXHIBIT A
PROPOSED ZONING MAP CHANGE
1�1 1 1
1� 1 1 1 1. 1
1. 1 • !
THE CITY COUNCIL
CITY OF MORRO BAY, CALIFORNIA
The City Council of the City of Morro Bay does ordain Section 2.28.120 - "Duties
and responsibilities" be amended as follows:
WHEREAS, Section 2.28.120 of the Morro Bay Municipal Code sets forth the
duties and responsibilities of the Planning Commission; and
WHEREAS, the City desires to amend the Planning Commission's duties and
responsibilities to allow for two joint meetings with City Council per year; and
WHEREAS, the City of Morro Bay needs to amend Section 2.28.120 in order to
make this change; and
WHEREAS, following the Public Hearing, and upon consideration of the
testimony of all persons, the City Council of the City of Morro Bay does ordain Section
2.28.120 (D) - "Duties and responsibilities" be amended as follows:
2.28.120 (D). Meet with the City Council twice annually to discuss
proposed policies, programs, goals and objectives, budgeting, future
planning, or any other planning matter requiring joint deliberation. The
City Clerk shall in January of each year bring forth an agenda item to the
City Council to schedule the two joint meetings.
INTRODUCED at the regular meeting of the City Council held on the 241h day
of May 2004, by motion of Councilmember Peters and seconded by Councilmember
Winholtz.
PASSED, APPROVED AND ADOPTED by the City Council of the City of
Morro Bay, on the 14 th day of June 2004 by the following vote to wit:
III
BRIDGEA)3AUER, CITY CLERK
WILLIAM YATES, MAYOR
ORDINANCE NO. 501
AN ORDINANCE OF THE CITY OF MORRO BAY ANNOUNCING FINDINGS AND ADOPTING
AMENDMENTS TO THE ZONING ORDINANCE TO REGULATE SECONDARY UNIT,
GUESTHOUSES AND SATELLITE DISH ANTENNAS CITY WIDE
THE CITY COUNCIL
City of Morro Bay, California
Case No. LCP /ZOA 001
WHEREAS, the Planning Commission of the City of Morro Bay, on March 15, 2004 after a duly
noticed PUBLIC HEARING, did forward a recommendation, by adoption of Planning Commission Resolution
No. 01 -04 that the City Council amend Title 17 (Zoning Ordinance) to comply with the State legislation (AB
1866) and Telecommunications Act of 1996 and regulations adopted by the Federal Communications
Commission: the "Over- the -Air Reception Devices Rule" as contained in attached Exhibit "A "; and
WHEREAS, on the 12th day of April 2004, the City Council of the City of Morro Bay did hold a duly
noticed PUBLIC HEARING to consider the amendment regulating Secondary Unit, Guesthouse and Satellite
Dish Antennas as contained in attached Exhibit "A" and
WHEREAS, the Environmental Coordinator determined that the California Coastal Commission is the
lead agency for local coastal plan amendments for the purposes of the California Environmental Quality Act;
and
WHEREAS, following the PUBLIC HEARING, and upon consideration of the testimony of all
persons, both written and oral, the City Council accepted the Planning Commission recommendation and
approved the amendment based on the following findings:
1. The Zoning Ordinance Amendment proposal is consistent with the State statute AB 1866 and includes
similar language, which was previously is effect.
2. The Zoning Ordinance Amendment proposal is consistent with the Telecommunications Act of 1996
and FCC guidelines.
3. The proposed Zoning Ordinance Amendments will not be injurious or detrimental to the health, safety,
comfort, general welfare or well being of the persons residing or working in the neighborhood.
NOW, THEREFORE BE IT ORDAINED, by the City Council of the City if Morro Bay, California, as
follows:
SECTION 1: Title 17 of Morro Bay Municipal Code (Zoning Ordinance) is amended as contained in Exhibit
"A ", attached hereto and made a part of this ordinance:
SECTION 2: To implement the amendment adopted herein, the City Council of the City of Morro Bay,
California, hereby directs as follows:
1. That the above recitations are true and correct and constitute the findings of the Council in this matter;
and,
2. The City Council of the City of Morro Bay hereby finds that the Local Coastal Program
Implementation Program (Zoning Ordinance) Amendments are in compliance with the intent, objectives, and
all applicable policies and provisions of the California Coastal Act; and
3. The amendments to Title 17 shall take effect immediately upon certification by the California Coastal
Commission.
INTRODUCED at the regular meeting of the City Council held on the 12th day of April 2004, by
motion of Councilmember Peters and seconded by Councilmember Peirce .
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 26th
day of April —, 2004 by the following vote to wit:
AYES: Elliott, Peirce, Peters, Winholtz, Yates
NOES: None
ABSTAIN: None
ABSENT:
ATTEST:
William Yate!
City of Morro
Jamie Boucher, Deputy City Clerk
City of Morro Bay
ROBERT W. SCHULTZ,
City Attorney
Exhibit A
Ordinance No. 501
Morro Bay Municipal Code Section 17.48.315 is hereby amended to read as follows:
17.48.315 GUESTHOUSES /QUARTERS AND ACCESSORY LIVING AREAS
Where provided by this Title, guesthouses /quarters and habitable structures for accessory living area may
be permitted in conjunction with a dwelling unit, subject to these further requirements:
A. Guesthouse Restrictions
A guesthouse shall not contain more than six hundred forty (640) square feet of habitable floor area
containing not more than one bedroom and bathroom nor shall it exceed thirty (30) percent of the
floor area of the main residence, and no cooking or food preparation or food storage facilities shall
be provided.
Morro Bay Municipal Code Section 17.48.320 is hereby amended to read as follows:
17.48.320 GRANNY SECONDARY UNITS
The purpose of this Section is to provide affordable low- and moderate - income housing. Pursuant to
Government Code Section 65852.2, in zones where designated, a permit maybe granted allowing a grimy
secondary unit on lots where there is one single - family residence, subject to the following provisions:
A. Location
Said unit may be located, as an accessory use, on any lot zoned for single - family or multi- family
uses in accordance with the District Tables in Chapter 17.24 where a primary residential use has
been previously established or proposed to be established in conjunction with said unit.
B. Lot Coverage
Maximum lot coverage allowed for the District that they are located in.
C. Design
Said unit shall be consistent with the architectural style of the main residence and the
neighborhood, and shall be located on the same lot as the primary residence.
D. Size
The total floor area, not including a garage, for a grawi� secondary unit shall not exceed 1,200
square feet.
E. Parking
A minimum of one additional parking space per bedroom, not to exceed two spaces, shall be
provided. Off - street parking shall be permitted in setback areas or through tandem parking, unless
the following specific findings are made:
1. That parking in setback areas or tandem parking is not feasible based upon specific site
topography constraints or adverse fire and life safety conditions, or
2. That it is not permitted anywhere else in the City.
• - -
F. Compliance with Title 14
A gray secondary unit shall be in conformance with all applicable provisions of Title 14 of the
Morro Bay Municipal Code in addition to the applicable requirements for height, setback, lot
coverage, etc. pursuant to the provisions of Chapter 17.24.
G. Use Limitation
Single - family residences with approved granny secondary units shall not have the granny
secondary unit rented independent of the main residence when neither is occupied by the owner.
Primary and Secondary units may be rented under a single rental agreement if the owner is not
occupying either unit. The terms of the single rental agreement shall not allow sub -lease of one
unit. An owner is deemed to occupy a unit if they hold it off of the rental market for their own use.
Morro Bay Municipal Code Section 17.48.340 is hereby amended to read as follows:
17.48.340 SATELLITE DISH ANTENNAS
The purpose of this section is to establish regulations to allow for the reasonable use of devices designed
for over - the -air reception of television broadcast signals, multi - channel multi -point distribution service or
direct broadcast satellite service or to receive or transmit fixed wireless signals via satellite, while at the
same time ensuring that these devices do not have an adverse impact on the aesthetic values and public
safety of the City. These regulations are intended to locate antennas and equipment where they are least
visible from public rights -of -way and to not burden adjacent property owners with adverse visual impacts
without unreasonably delaying or preventing installation, maintenance or use of these devices,
unreasonably increasing the cost of installation_, maintenance or use of these devices, or precluding
reception of an acceptable quality signal, consistent with federal law. Satellite dishes that transmit shall be
consistent with FCC regulations.
A. Residential Districts.
A satellite dish antenna that is one meter or less in diameter is permitted anywhere on a
residential lot as long as it is affixed to the interior side or rear of a structure or the rear half of
the roof of the primary dwelling or the roof of a garage or is ground- mounted in the rear yard.
Such an antenna may be mounted on a mast to reach the height needed to receive or transmit an
acceptable quality signal (e.g. to maintain line -of -sight with the transmitter or view the
satellite), provided that a mast higher than 12 feet above the roofline requires approval of a
minor use permit.
2. A satellite dish greater than 1 meter in diameter is not permitted in the R -1 and R -2 districts.
3. In the R -3 and R -4 Districts, a satellite dish greater than one meter in diameter is permitted
only if it is not be visible from a public or private street, unless adequately screened by
landscaping and/or materials that harmonize with the elements and characteristics of the
property; it is not located in any front yard or any yard adjacent to a public or private street; the
maximum height is fourteen feet; and it is set back from the property line a distance equal to
the height of the antenna.
4. All wires and/or cables necessary for operation of the antenna or reception for the signal shall be
placed underground, except for wires or cables attached flush with the surface of the building or
the structure of the antenna.
B. Other Zoning Districts.
A satellite dish less than two meters in diameter is permitted anywhere on a lot where a
commercial or industrial use is allowed, provided that it is affixed to the interior side or rear of a
structure or to the roof of a principal or accessory structure and is sited and screened to
minimize visibility from a public or private street. Such an antenna may be mounted on a mast
to reach the height needed to receive or transmit an acceptable quality signal (e.g. to maintain
line of -sight with the transmitter or view the satellite), provided that a mast higher than 12 feet
above the roofline requires approval of a minor use permit.
2. A satellite dish antenna that is more than two meters in diameter cannot be located within a
required front or corner side yard and shall be screened from view from public rights -of -way
and any adjoining residential district.
3. All wires and/or cables necessary for operation of the antenna or reception for the signal shall be
placed underground, except for wires or cables attached flush with the surface of the building or
the structure of the antenna.
C. Waivers
The Public Services Director may grant a waiver from any standard of this section that applies to a
satellite antenna that is less than one meter in diameter if the standards (1) unreasonably delays or
prevents use of a satellite antenna; (2) unreasonably increases the cost of the installation, maintenance
or use of a satellite antenna; or (3) precludes a person from receiving or transmitting an acceptable quality
signal from an antenna subject to the standards of this section. The relief granted shall be the minimum
necessary to achieve the purposes of this section. No public notice of a waiver is required, and the
Director's decision is final not subject to appeal. (10 -day notice)
EXHIBIT B
City Council
City of Morro Bay
LCP /ZOA 001
AREA MAP
ORDINANCE NO. 500
AN ORDINANCE OF THE CITY OF MORRO BAY
ADDING A SECTION TO CHAPTER 3.08 OF THE MORRO BAY
MUNICIPAL CODE TO PROVIDE INFORMAL BIDDING
PROCEDURES ON PUBLIC PROJECTS UNDER THE
UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT
(SECTION 22000, ET SEQ., OF THE PUBLIC CONTRACT CODE)
THE CITY COUNCIL
CITY OF MORRO BAY, CALIFORNIA
WHEREAS, prior to the passage of Assembly Bill No. 1666, Chap. 1054 Stats.1983, which
added Chapter 2 commencing with Section 22000 to Part 3 of Division 2 of the Public Contract
Code, existing law did not provide a uniform cost accounting standard for construction work
performed or contracted by local public agencies; and
WHEREAS, public Contract Code Section 22000 et seq., the Uniform Public Construction
Cost Accounting Act, establishes such a uniform cost accounting standard; and
WHEREAS, the Commission established under the Act has developed uniform construction
cost accounting procedures for implementation by local public agencies in the performance of or in
the contracting for construction of public projects.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY
DOES ORDAIN AS FOLLOWS:
Sections 140 -170 are hereby added to Chapter 3.08 of the Morro Bay Municipal Code, to
read as follows:
3.08.140 Informal Bid Procedures.
Public projects, as defined in Section 22000, et seq., of the Public Contract Code, of one
hundred thousand dollars ($100,000) or less may be let to contract by informal procedures as set
forth in Section 22032, et seq., of the Public Contract Code.
3.08.150 Contractors List.
A list of contractors shall be developed and maintained in accordance with the provisions of
Section 22034 of the Public Contract Code and criteria promulgated from time to time by the
California Uniform Public Construction Cost Accounting Commission.
Ordinance No. 500 Page 2 of 2
The City Manager, or his designee, is authorized to award informal contracts pursuant to this
Section.
This Ordinance shall take effect and be in force thirty (30) days from the date of its passage,
and before the expiration of fifteen (15) days after its passage, it, or a summary of it, shall be
hl t g amp,
i��"R,nm with the names of the members of the Ci y Council voting for and a ainst the s
in the Sun Bulletin, a newspaper of general circulation published in the City of Morro Bay.
INTRODUCED at the regular meeting of the City Council held on the 12th day of
January 2004, by motion of Councilmember Peirce and seconded by Councilmember Peters.
PASSED, APPROVED AND ADOPTED by the City Council ofthe City of Morro Bay, on
the 9th day of February 2004, by the following vote to wit:
AYES: Elliott, Peirce, Peters, Winholtz, Yates
NOES: None
a 'U"Ims WR I
Bridgett 13 r, City Clerk
William Yates, May r
ORDINANCE NO. 499
AN ORDINANCE OF THE CITY OF MORRO BAY
REPEALING, AMENDING, AND REENACTING
CHAPTER 5.32 OF THE MORRO BAY MUNICIPAL CODE
(MOBILEHOME AND RECREATIONAL VEHICLE
PARK RENT STABILIZATION ORDINANCE)
THE CITY COUNCIL
CITY OF MORRO BAY, CALIFORNIA
WHEREAS, in November 1986, the City Council adopted Ordinance No. 294 which
codified the Mobilehome and Recreational Vehicle Park Rent Stabilization Ordinance as contained
in Chapter 5.32 of the Morro Bay Municipal Code; and
WHEREAS, in April 2003, the City Council authorized the creation of an Ad Hoc
Subcommittee to review the aforementioned Mobilehome and Recreational Vehicle Park Rent
Stabilization Ordinance; and
WHEREAS, such Ad Hoc Subcommittee consisted of ten voting members, five of whom
were selected by park owners and five of whom were selected by park residents; and
WHEREAS, the Ad Hoc Subcommittee met fifteen times and made numerous
recommendations for changes to the existing Mobilehome and Recreational Vehicle Park Rent
Stabilization Ordinance; and
WHEREAS, all ten members of the Ad Hoc Subcommittee unanimously approved the final
draft of the attached revisions to the Mobilehome and Recreational Vehicle Park Rent Stabilization
Ordinance, Chapter 5.32 of the Morro Bay Municipal Code; and
WHEREAS, City Council desires to implement the revisions to the Mobilehome and
Recreational Vehicle Park Rent Stabilization Ordinance, Chapter 5.32 of the Morro Bay Municipal
Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY
DOES ORDAIN AS FOLLOWS:
Chapter 5.32 of the Morro Bay Municipal Code is hereby repealed, amended, and reenacted
to read as follows:
Chapter 5.32
MOBILEHOME AND RECREATIONAL VEHICLE PARK RENT STABILIZATION
Sections:
5.32.010 Findings and purpose.
5.32.020 Definitions.
5.32.030 Exemptions.
5.32.040 Mobilehome Rent Review Board — Established — Members— Terms.
5.32.050 Mobilehome Rent Review Board — Powers and duties.
5.32.060 Residential rent increase limitations.
5.32.070 Increases upon change of occupancy.
5.32.080 Information to be supplied to tenants.
5.32.090 The rent dispute resolution process.
5.32.100 Standards of reasonableness to be applied to rent increases.
5.32.110 Obligations of the parties.
5.32.120 Rights of a "tenant- to -be."
5.32.130 Tenants' right of refusal.
5.32.140 Retaliatory acts — Tenants' right to organize.
5.32.150 Solicitation of any petition by the park owner is without force or legal effect
within city's program.
5.32.160 Nonwaiverability.
5.32.170 Penalties and remedies.
5.32.180 Rights of affected tenants reserved.
5.32.190 Tenant complaints.
5.32.200 Severability.
5.32.010 Findings and purpose.
In November 1986, the City Council adopted Ordinance No. 294, a Mobilehome and
Recreational Vehicle Park Rent Stabilization Ordinance providing a formula for maximum annual
rent increases and providing a procedure for hardship exceptions, the provisions of which were set
forth in former Chapter 5.32 of this code. The findings and purpose set forth in Ordinance No. 294
referred to the following conditions:
A. There is presently within the city a shortage of spaces for the location of existing
mobilehomes and recreational vehicles. Because of this shortage, there is a very low vacancy rate.
B. Within the city there area number of persons who reside permanently in units which today
meet the legal definitions of recreational vehicles. Often these persons subsist on low fixed incomes
and are unable to afford standard housing.
C. Because of the high cost and impracticability of moving mobilehomes, the potential for
damage resulting therefrom, the requirements relating to the installation of mobilehomes, including
permits, building requirements, landscaping and site preparation, the lack of alternative home sites
for mobilehome residents, and the substantial investment of mobilehome owners in such homes, it is
necessary to protect the owners of mobilehomes 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 the costs of repair, insurance, maintenance, utilities, employee
services, additional amenities, and other costs of operation, and to receive a fair return on their
property.
D. However, it is recognized that a rent stabilization ordinance must be fair and equitable for
2
all parties and must provide appropriate incentives for mobilehome park operators to continue their
parks profitably and to upgrade and improve mobilehome parks, as well as to attract additional
investors for new parks.
In April of 2003, the City Council established a Mobilehome Rent Stabilization Subcommittee
to review and consider amendments to the Ordinance. The subcommittee consisted of 10 members:
5 park owners and 5 tenants. The subcommittee held fifteen meetings to consider changes to the
Ordinance and received public comment. At the end of the meetings the subcommittee unanimously
approved the recommended changes to the Ordinance and submitted them to the City Council.
The City Council hereby finds that the above conditions still exist; therefore, the purpose of the
City Council in enacting these provisions is: to prevent an exploitation of the shortage in vacant
mobilehome spaces in the City, to preserve affordable housing as prescribed by the City's General
Plan/Housing Element, to provide mobilehome park owners a guaranteed rate of annual space rent
increase that more accurately reflects the rate of inflation given their usual expenses, and to establish
an improved process for providing mobilehome park owners a fair return on their property in those
cases where the guaranteed annual space rent increase provided by these provisions proves to be
insufficient.
5.32.020 Definitions
For the purposes of this chapter, certain words and phrases are defined as follows:
A. "Affected tenants" means those tenants whose space is not covered by a valid lease meeting
the requirements as outlined in Section 798.17(b) of the California Civil Code or otherwise legally
exempt from local rent control regulation as set forth in Section 798.21, or as set forth in 5.32.030 of
this Chapter. Affected tenants are to be notified that a space rent increase is to become effective. For
purposes of providing notice of the increase, each space subject to a rental increase shall be deemed
to have only one "affected tenant" for administrative convenience to the park owners. The reference
to "all affected tenants" will refer to one representative tenant from each space subject to the
proposed rental increase.
B. "Base rent" means the authorized space rent plus any rent increase allowed under Section
5.32.060 or any rent adjustment attributable to an increase upon change of occupancy as provided in
section 5.32.070. Base rent does not include rent increases for capital expenses or capital
improvements.
C. "Capital improvements" means those improvements 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 remaining life of the improvement to the property. The term "capital improvements"
does not include those costs associated with the normal maintenance and upkeep of facilities and
premises which were reasonably intended to be part of consideration provided by the mobilehome
park as rent. Substantial rehabilitation of the park that is necessitated as a result of the park owner's
neglect, permissive waste, deferred maintenance or acts of God shall not be regarded to be capital
improvements to the extent that they restore facilities and premises to the conditions reasonably
bargained for by the mobilehome park tenants. Proposed capital improvements claims must set forth
an amortization table spreading the cost of the improvement over its proven useful life. Rents based
on such costs, if approved, must be separately itemized on the monthly rent invoice. In addition, the
beginning date upon which such rents may be imposed and the ending date upon which such rents
may no longer be imposed, must be stated on each monthly rent invoice submitted during the time
such rents are charged to the tenant. Monthly rent shall be decreased for such amortized capital
improvement expenses at the end of the amortization period. Failure to do so shall be regarded to be
an unauthorized increase in rent. Capital improvements must be for the primary benefit, use and
enjoyment of the tenants of the entire park, and costs must be allocated over all beneficiaries of the
3
improvement.
D. "City Manager" means the City Manager of the City of Morro Bay or his /her designee.
E. "Consumer Price Index" means the Consumer Price Index for All Urban Consumers Los
Angeles, Long Beach, Anaheim Area, published by the U.S. Department of Labor, Bureau of Labor
Statistics.
F. "Debt service costs" means the periodic payment or payments due under any security or
financing device which is applicable to the mobilehome park including any fees, commissions, or
other charges incurred in obtaining such financing.
G. "Housing service" means a service provided by the owner related to the use or occupancy
of a mobilehome space, which is neither a capital improvement nor substantial rehabilitation as those
terms are defined herein, including but not limited to, repairs, replacement, maintenance, painting,
lighting, heat, water, laundry facilities, refuse removal, recreational facilities, parking, security
service, and employee services.
H. "Just and reasonable return on the property" means there is a range of rents which could be
allowed in any one mobilehome park subject to this chapter, all of which could be characterized as
allowing a "just and reasonable return." There is no one precise formulation; rather, there are a
variety of formulations which produce a zone of reasonableness.
I. "Maintenance and operation expenses" means all expenses incurred in the operation and
maintenance of the mobilehome park, including but not limited to: real estate taxes, business taxes
and fees, insurance, sewer service charges, utilities, janitorial services, professional property
management fees, pool maintenance, exterior building and grounds maintenance, supplies,
equipment, refuse removal, and security services or systems.
J. "Mobilehome" means a structure designed for human habitation as defined by Section
798.3 of the California Civil Code, provided, however, that recreational vehicles, as defined in
Section 799.29 of the California Civil Code and Section 18010 of the California Health and Safety
Code, which have occupied the same mobilehome or recreational vehicle park space continuously for
nine months or more shall be considered mobilehomes.
K. "Mobilehome park" or "recreational vehicle (RV) park" means an area of land where two
or more mobilehome or RV sites are rented, or held out for rent, to accommodate mobilehomes or
RVs used for human habitation. This rent stabilization chapter shall apply to those spaces in
recreational vehicle parks that are continuously occupied by an affected tenant for nine months or
longer.
L. "Mobilehome park owner" or "owner" means the owner, lessor, operator or manager of a
mobilehome park.
M. "Mobilehome Rent Review Board" or "Board" means the Mobilehome Rent Review Board
established by this chapter.
N. "Mobilehome space" means any site within a mobilehome park located in the incorporated
areas of the city intended, designed, or used for the location or accommodation of a mobilehome and
any accessory structures or appurtenances attached thereto or used in conjunction therewith except
"new construction" as defined by Civil Code Section 798.45. The term "mobilehome space" shall
also include, for purposes of this rent stabilization ordinance, rentable spaces within mobilehome
parks which have been occupied by a "recreational vehicle" as defined by Civil Code Section 799.29
continuously for a period of nine months or more.
O. "Mobilehome tenant" or "tenant" means any person entitled to occupy a mobilehome
within a mobilehome park pursuant to ownership of the mobilehome.
P. "Net operating income" means gross income less operating expenses. All operating
expenses must be reasonable. Whenever a particular expense exceeds the normal industry or other
comparable standard, the park owner shall bear the burden of proving the reasonableness of the
E
expense. To the extent that the Board finds any such expense to be unreasonable, the Board shall
adjust the expense to reflect the normal industry or other comparable standard.
Q. "Non- permanent resident" means any tenant who does not meet the criteria set forth for a
permanent resident.
R. "Party" means any affected mobilehome tenant and /or owner involved in proceedings
under this chapter.
S. "Percent change in Consumer Price Index" means the annual percent change in the
Consumer Price Index ( "CPI "), calculated to the nearest tenth, for the twelve -month period from
September through August.
T. "Permanent resident" means any person who manifests intent to live or be located in a
mobilehome park on more than a temporary or transient basis. Presence in a mobilehome park for
270 days or more in any 12 -month period shall establish permanent residence, or meeting at least
half of the following criteria shall establish permanent residence within a mobilehome park:
1. Address where registered to vote.
2. Location of employment or place of business.
3. Attendance of dependents at a primary or secondary school.
4. Not receiving a homeowner's exemption for another property or mobilehome in this state
nor having a principal residence in another state.
5. DMV license address.
6. Mailing address.
7. Vehicle insurance address.
S. Bank account.
9. IRS address.
10. Local club /association membership.
U. "Rent increase" means any additional space rent demanded of or paid by a tenant for a
mobilehome space including any reduction in housing services without a corresponding reduction in
the amount demanded or paid for rent.
V. "Space rent" means the consideration, including any bonus, benefit, or gratuity, demanded
or received by a mobilehome park owner for or in connection with the use or occupancy of a
mobilehome space or any housing services provided with the mobilehome space, but exclusive of 1)
Any amount paid for the use of the mobilehome, 2) Security deposits and special amortized or
limited rent increases, 3) User fees for services or facilities which may be utilized at the option of the
affected tenant and are not included in monthly space rent, and 4) Utility charges for those
mobilehome parks which charge affected tenants separately, whether or not the mobilehome homes
are individually metered.
W. "Substantial rehabilitation" means that work done by an owner to a mobilehome space or to
the common areas of the mobilehome park, exclusive of a capital improvement as that term is
defined herein, the value of which exceeds two hundred dollars and which is performed whether to
secure compliance with any state or local law or to repair damage resulting from fire, earthquake, or
other casualty or natural disaster, to the extent such work is not reimbursed by insurance.
X. "Tenant- to -be" means a person who is not currently a tenant in a mobilehome park but is a
prospective mobilehome space tenant who desires the use of a mobilehome space as defined in this
chapter and has presented himself /herself to the park owner as such and who would not be exempt
under any of the provisions set forth in 5.32.030.
5.32.030 Exemptions.
The provisions of this chapter shall not apply to the following tenancies in mobilehome parks:
A. Mobilehome park spaces rented for nonresidential uses;
E
B. Mobilehome 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 thirty days and which do not contemplate
an occupancy of more than thirty days;
D. Tenancies exempt from rent regulation by federal or state law or regulation,- including but
not limited to, tenancies governed by Civil Code Sections 798.17 rental agreements and 798.21 not
principal residence;
E. Mobilehome 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.
F. Mobilehomes that are owned by the park owner.
G. Spaces that are vacant or become vacant after the effective date of this ordinance are, upon
subsequent occupancy, exempt from this ordinance. "Vacant," for the purposes of this section, means
that the park owner has lawfully obtained the rights to occupancy of a space through, for example,
the purchase of a mobilehome from a mobilehome owner, eviction or abandonment. This exemption
does not apply if an affected tenant sells to a third party. This exemption shall apply only where the
park owner, prior to entering into a rental or lease arrangement with subsequent homeowners, gives
written notice that the unit or space is not subject to Morro Bay Municipal Code 5.32. The notice
shall be in substantially the following form:
THE MOBILEHOME SPACE OR UNIT SPECIFIED BELOW IS
NOT SUBJECT TO RENT CONTROL UNDER THE MORRO
BAY MUNICIPAL CODE. BECAUSE THE MOBILEHOME
SPACE OR UNIT SPECIFIED BELOW IS NOT SUBJECT TO
RENT CONTROL, THE LANDLORD MAY RAISE THE RENT
WITHOUT ANY LIMITATION OR REVIEW BY THE CITY OR
OTHER GOVERNMENT OR ADMINISTRATIVE AGENCY. YOU
ARE SOLELY RESPONSIBLE FOR INFORMING YOURSELF OF
YOUR RIGHTS AND OBLIGATIONS IN THIS MATTER AND
FOR PROTECTING YOURSELF AGAINST FUTURE RENT
INCREASES. I HEREBY ACKNOWLEDGE THAT I HAVE READ
AND HAVE RECEIVED A FULLY COMPLETED COPY OF THIS
NOTICE PRIOR TO ENTERING INTO A RENTAL OR LEASE
ARRANGEMENT INVOLVING THE BELOW DESCRIBED
MOBILEHOME SPACE OR UNIT.
5.32.040 Mobilehome Rent Review Board — Established— Members— Terms.
A. There is established a Mobilehome Rent Review Board consisting of seven members.
B. The City Manager shall appoint a staff member to be liaison and secretary to facilitate the
formation of the Board. The secretary shall maintain an accurate public record of the activities and
official actions of the Board.
C. The Mobilehome Rent Review Board shall be comprised of. two Morro Bay mobilehome
park owners; two Morro Bay mobilehome affected tenants (one permanent and one non - permanent);
and three individual members residing in San Luis Obispo Countywho are neither mobilehome park
owners nor mobilehome tenants, nor have any financial interest (as defined by state law) in any
mobilehome park. The first four Board members shall be chosen by Lottery from a list of candidates.
The first four Board members shall not have a stake or financial interest in the dispute. The list of
candidates shall include all park owners and any affected tenants who have volunteered to serve on
:�
the Board. The three at -large members shall be mutually acceptable to the first four members.
D. Board members shall not be compensated for their services as such, but may receive
reimbursements as provided by the city budget for traveling.
E. The formation of the Board shall occur upon receipt of a written Petition as set forth in
Section 5.32.090 and shall continue until a formal written statement of decision is rendered by the
Board.
5.32.050 Mobilehome Rent Review Board — Powers and duties.
Within the limitations provided by law, the Board shall have the following powers and duties:
A. To receive, investigate, hold hearings on and render opinions upon a dispute relating to this
Mobilehome and Recreational Vehicle Park Rent Stabilization Ordinance;
B. To make or conduct such independent hearings or investigations as maybe appropriate to
obtain such information as necessary to carry out its duties; and
C. To render after every rent review hearing a written report concerning its activities, holdings,
actions, results of hearing, and all other matters pertinent to this chapter which may be of interest to
the public in general.
5.32.060 Residential rent increase limitations.
A. Except as provided in Subsections C and D of this Section, from and after the effective date
of the ordinance codified in this chapter, the space rent payable for use or occupancy of any
mobilehome space shall not be increased within twelve months of the effective date of any preceding
rentincrease.
Base rent increase shall not exceed:
1. Seventy -five percent (75 %) of the percent change in the Consumer Price Index for
permanent residents; or
2. One hundred twenty -five percent (125 %) of the percent change in the Consumer Price
Index for non - permanent residents who are not exempt from this ordinance pursuant to Civil Code
Section 798.21.
B. Any dispute as to whether an affected tenant is a permanent or non - permanent resident or is
exempt from this ordinance pursuant to Civil Code 798.21 shall be resolved pursuant to Section
5.32.190 and the tenant shall have the burden of proof to prove that he /she is a permanent resident or
is not exempt from this ordinance.
C. An owner shall be exempt from this Section and the need to Meet and Confer asset forth in
Section 5.32.090 if the owner is able to obtain written consent of sixty -six percent of all the affected
tenants in the park agreeing to the increase in space rent to an amount greater than allowed herein
once each year.
D. In the event an owner wishes to increase the rent payable for any mobilehome space within
the twelve -month period more than the amount permitted in Subsection A and the owner cannot
obtain the consent of sixty -six percent of the affected tenants, a mandatory meet - and - confer meeting
shall automatically be required to show good cause why such an increase is necessary.
E. Any notice of rent increase given by an owner pursuant to Section 5.32.060 shall be given
in writing at least ninety days before any rent increase is to take effect.
F. A notice of rent increase incorporating within it a proposed or completed capital
improvement which is not otherwise authorized as a pass - through pursuant to Civil Code Section
798.49 must be claimed within twelve months of the completion of the project or construction or the
owner's receipt of the final billing for same, whichever occurs later.
7
5.32.070 Increases upon change of occupancy.
Notwithstanding the twelve -month limitation set forth in Section 5.32.060, upon change of
occupancy of a mobilehome, the rent increase upon sale shall be limited to:
For affected tenants who are permanent residents, ten percent (10 %) of the current existing
space rent or the average of the lowest and highest space rent for all the affected tenants of that
particular park, whichever is greater.
For affected tenants who are non - permanent residents, fifteen percent (15 %) of the current
existing space rent or the average of the lowest and highest space rent for all the affected tenants of
that particular park, whichever is greater.
Resident status pertains to the selling tenant, not the tenant- to -be.
The limitations of this increase shall not apply if change in occupancy is due to the involuntary
eviction of a tenant.
No rent increase under this section shall be allowed due to the death of the tenant wherein the
deceased tenant's spouse, parents or children take over the occupancy.
5.32.080 Information to be supplied to tenants.
A. Within thirty days after the effective date of the ordinance and prior to the re- renting of
each mobilehome space thereafter, the owner shall supply each affected tenant with a current copy of
this chapter.
B. Whenever the owner serves a notice of rent increase, except a notice of rent increase
provided pursuant to Sections 5.32.060(A), (C), or (D) or 5.32.070, the owner shall at the same time
and in the same manner serve the affected tenant with a notice that sets forth all of the following
information:
1. The amount of the rent increase both in dollars and as a percentage of existing rent and
documentation supporting the level of increase desired.
2. The identity of all other affected tenants and the spaces that they rent.
3. The park owner shall place on file with the City Manager two copies of documentation
supporting the level of increase desired.
C. An owner failing to provide an affected tenant and the City Manager with the notices
required by this Section shall not be entitled to collect any rent increase otherwise authorized by this
chapter from that tenant.
5.32.090 The rent dispute resolution process.
A. Mandatory Meet - and - Confer Meeting. Except when a park owner elects rent increases
permitted under Section 5.32.060(A) or is able to obtain written consent of sixty -six percent of the
tenants as set forth in Section 5.32.060(C), the tenants and park owners must, within thirty (30)
working days of the notice of rent increase, meet and confer with each other's representatives.
Written notice of the time, place and date of the meeting should be arranged within fourteen (14)
days of the notice of rent increase. If the park owners or tenants fail to agree on the time, place and
date of the hearing and to provide due notice to the City Manager, the meeting shall be set at the
convenience of the City Manager. At the meeting, representatives of the parties should exchange
documentary evidence that the parties in good faith then know will be used to support their
respective positions in any Rent Review Board hearing and discuss the issues in dispute. In the case
of a park owner, all financial data upon which any proposed increase is claimed shall be supplied to
tenant representatives at the time of the meet - and - confer meeting.
1. Meet - and - Confer Information. The park owner has a duty and burden to provide adequate
information in regard to the rental increase to allow the tenants to make a reasonably sophisticated
inquiry into the requested rental increase.
B. Petition. If discussions between owner and tenants do not resolve the dispute between them,
the tenants or their representative shall file with the City Manager a petition for space rent review
and a copy of the notice of rent increase within thirty (30) days of the meet and confer meeting. The
City Manager shall not accept a petition for filing unless it has been signed by at least fifty -one
percent of the affected tenants who are subject to the rent increase. Upon the filing of a petition, the
rent increase is not effective and may not be collected until and to the extent it is awarded by the
Board or until the petition is abandoned. As used herein, the term "abandoned" refers to lack of
prosecution of the arbitration by the mobilehome tenants' representative(s). The term "prosecution"
refers to actively pursuing necessary steps toward preparing the tenants' case for the arbitration
hearing.
C. Contents of Petition.
1. The petition for space rent review shall set forth the total number of affected rented spaces
in the mobilehome park, shall identify the space occupied by each tenant and shall state the date
upon which the notice of the rent increase was received by the tenant(s).
2. After obtaining the required signatures, the tenant(s) shall deliver the petition or mail it by
registered or certified mail to the City Manager at the following address: 595 Harbor Street, Morro
Bay, California 93442 (or other address as determined by the City Manager). No petition shall be
accepted unless it is accompanied by the requisite number of signatures and is received in the office
of the City Manager within the thirty -day period set forth in Subsection (B) of this Section. The City
Manager shall provide a copy of the completed petition form to both parties forthwith or within five
working days of the petition's receipt.
D. Assignment to Board and Hearing Date. Upon receipt of the petition, or upon notice of any
other dispute that requires Board resolution, the City Manager shall, within thirty (30) working days,
commission a Mobilehome Rent Review Board as established by Section 5.32.040. The owner and
affected tenant(s) shall be notified immediately in writing by the City Manager of the date, time, and
place of the hearing and this notice shall be served either in person or by ordinary mail.
E. Rent Review Board Hearing.
1. The owner and tenant(s) may appear at the hearing and offer oral and documentary
evidence. Both the owner and tenant(s) may designate up to three representatives to appear for them
at the hearing. The Board may grant or order one continuance not to exceed five days to each party
from the date of the hearing. The burden of proving that the amount of rent increase is reasonable
shall be on the owner by a preponderance of the evidence. The hearing need not be conducted
according to technical rules relating to evidence and witnesses. The rules of evidence and manner of
producing evidence shall be those rules set forth in Section 11513 of the California Government
Code for the conduct of hearings under the Administrative Procedure Act. These rules may be
relaxed at the discretion of the Board in the interests of justice. The Board shall have the ability to
close the hearing to the general public if confidential financial information may be disclosed during
the hearing.
2. The Board shall, within fourteen days of the hearing, submit by mail a written statement of
decision and the reasons for the decision to the City Manager who shall forthwith distribute by mail
copies of the decision to the owner and tenant(s). The Board shall determine the amount of rent
increase, if any, which is reasonable based upon all the provisions of this chapter.
3. Excluding rent increases permitted under Sections 5.32.060(A) and 5.32.070, the Board
shall not allow more than one rent increase per park per twelve -month period.
4. The decision of the Board, rendered in accordance with this Section, shall be final and
binding upon the owner and all affected tenants. The decision of the Board will be subject to the
provision of Code of Civil Procedure Section 1094.5.
5. Any party may have electronic recording equipment or a court reporter present to record
9
and prepare a transcript of the hearing before the Board; however, such equipment or reporter shall
be provided at that party's own expense.
6. The Board is authorized to modify the basic time periods set forth herein at its discretion to
promote the purposes of this program provided a final decision is rendered within ninety days of the
notice of rent increase.
7. Any procedural or jurisdictional dispute regarding the processes set forth herein maybe
decided by the Board.
5.32.100 Standards of reasonableness to be applied to rent increases.
A. The Board shall determine whether rent increases that exceed Section 5.32.060(A) are
reasonable under the circumstances, taking into consideration that the purpose of this chapter is to
protect home owners from arbitrary, capricious, or unreasonable rent increases, and at the same time
permit park owners to receive a just and reasonable return on their investment. The Board, in making
the determination, may, but is not required to, look at the following standards:
1. Beneficial increases in maintenance and operating expenses, including but not limited to
the reasonable value of the owner's labor and any increased costs for services provided by a public
agency, public utility, or quasi - public agency or utility.
2. The substantial rehabilitation or the addition of capital improvements, including the
reasonable value of the owner's labor, as long as such rehabilitation or improvement has been
completed and is:
a. Distinguished from ordinary repair or maintenance;
b. For the primary benefit, use, and enjoyment of the tenants;
c. Permanently fixed in place or relatively immobile and dedicated to the use of the property;
d. Not coin - operated nor one for which a "use fee" or other charge is imposed on tenants for
its use;
e. Cost - factored and amortized over the good faith estimate of the remaining useful life of the
rehabilitation or improvement; and
f. Does not constitute maintenance of the infrastructure of gas or electrical lines within the
mobilehome park for which the public utility has permitted the park owner a special premium with
the intent that it be used to replace or otherwise maintain the system within the mobilehome park.
3. The rental history of the mobilehome park.
4. The occupancy rate of the mobilehome park in comparison to comparable parks in the
same general area.
5. Existing rents for spaces in other Morro Bay mobilehome parks.
6. The physical condition of the mobilehome park, including the quantity and quality of
maintenance and repairs performed during the last twelve (12) months, provided, however, that if the
home owners raise a lack of maintenance or physical deterioration as an issue, the Board shall also
consider to what extent the home owners notified the park owner of the physical condition, and to
what extent the home owners gave the park owner a reasonable opportunity to cure the physical
condition;
7. Any increases or reduction in Housing Services during the twelve (12) months prior to the
effective date of the proposed rent increase;
8. Debt service costs used for the servicing of existing debt;
9. Debt service costs due to refinancing.
If the refinancing is used for extracting equity from the park, the rent increase shall be deemed
unreasonable, and the rent increase shall not be allowed. The Board may also require that the debt
service costs be amortized over a period of years which is determined by the Board to be reasonable.
10. A decrease in "net operating income" as defined in Section 5.32.020(P).
10
11. A decrease in the owner's "just and reasonable return on the property' as defined in Section
5.32.020(H).
12. Other financial information that the owner is willing to provide.
13. Any costs incurred as a result of a natural disaster and only to the extent such costs have not
been reimbursed to the owner by insurance or other sources and where such costs could not have
been prevented by normal maintenance and repair.
B. In any determination of what constitutes a reasonable rent increase under the circumstances,
the Board shall consider and weigh evidence establishing the nature and extent of any existing and/or
outstanding violations by either the park owners or home owners. Any rent increase or decrease may
be disallowed, reduced, or made subject to reasonable conditions, depending on the severity of such
violations.
C. Changes in ownership of the park after the effective date of this chapter shall not entitle any
succeeding park owner to higher rents than would have been paid if the original owner had remained
the park owner without Board approval.
5.32.110 Obligations of the parties.
A. If a final decision by the Board finds that a proposed increase or any portion thereof that
was previously inoperative is justified, the tenant shall pay the amount found justified to the owner
within thirty days after the decision is made or as otherwise ordered by the Board.
B. If a final decision by the Board finds that an increase or any portion thereof is not justified,
the owner shall refund any amount found to be unjustified, but that had been paid, to the tenant
within thirty days after the decision is made or as otherwise ordered by the Board. If such refund is
not made within the applicable time period, the tenant may withhold the amount from the next space
rent(s) due until the full amount of the refund has been made. Notwithstanding the foregoing, in the
event that the tenancy of tenant is terminated for any reason prior to full credit against rent, the
balance of the credit due the tenant shall be paid by the owner within thirty days from the date of the
termination of the tenancy.
C. Any sum of money that under the provisions of this Section is the obligation of the owner
or tenant, as the case may be, shall constitute a debt and, subject to the foregoing provisions of this
Section, may be collected in any manner provided by law for the collection of debts.
5.32.120 Rights of a "tenant- to -be."
Any person who is a "tenant- to -be" as defined in Section 5.32.020(X) must be offered the
option of renting a mobilehome space in a manner which will permit the tenant -to -be to receive the
benefits of the mobilehome space rent stabilization program described in this chapter, which
includes, but is not limited to, rental of a mobilehome space on a month -to -month basis, and a new
base rent. Such a person cannot be denied the option of a tenancy twelve months or less in duration.
The park owner shall provide each "tenant- to -be" with a written notification of the option which
shall make the following recitation:
UNDER MORRO BAY MUNICIPAL CODE SECTION 5.32 YOU
ARE LEGALLY ENTITLED TO ELECT A MONTH -TO -MONTH
TENANCY OVER ANY OTHER LONGER PERIODIC
TENANCY. YOU ARE ADVISED THAT YOU MAY NOT BE
ENTITLED TO RENT STABILIZATION (RENT CONTROL)
PROGRAM BENEFITS IF YOU ELECT A LEASE OF MORE
THAN TWELVE MONTHS IN DURATION IF THAT LEASE
MEETS THE REQUIREMENTS OF CIVIL CODE SECTION
11
798.17 WHICH HAS BEEN ATTACHED HERETO.
Any effort to circumvent the requirements of this Section shall be unlawful, as well as an unfair
business practice subject to enforcement under Business and Professions Code Section 17200 et seq.
The rights set forth above have no application to mobilehome spaces subject to a more- than- twelve-
month lease. By definition, tenants -to -be are prospective "mobilehome tenants," and such "affected
tenants" are defined by Section 5.32.020.
Providing a copy of this ordinance to tenants shall be deemed compliance with this Section.
5.32.130 Tenants' right of refusal.
A tenant may refuse to pay any increase in rent which is in violation of this chapter, provided a
petition has been filed and either no final decision has been reached by the Board or the increase has
been determined to violate the provisions of this chapter. Such refusal to pay shall be a defense in
any action brought to recover possession of a mobilehome space or to collect the rent increase.
5.32.140 Retaliatory acts — Tenants' right to organize.
No owner may retaliate against a tenant or tenant -to -be for the tenant's or tenant- to -be's
assertion or exercise of rights under this chapter in any manner, including but not limited to,
threatening to bring or bringing an action to recover possession of a mobilehome space; engaging in
any form of harassment that causes a tenant to quit the premises; dissuading a tenant -to -be from
freely exercising his /her legal options to chose a month -to -month rental; decreasing housing services;
increasing the space rent; or imposing or increasing a security deposit or any other charge payable by
a tenant. The tenants have a right to organize a tenants' association without hindrance from the park
owner to exercise the rights provided under the provisions of the Morro Bay Municipal Code. This
association may be referred to as "The Park Tenants' Association at (Park Name)."
5.32.150 Solicitation of any petition by the park owner is without force or legal effect within
city's program.
The distribution of a petition or other documents seeking to have mobilehome tenants waive
rights, abandon a filed petition or in any way affect the entitlement of the tenants to participate in the
rent stabilization process authorized under this chapter shall be without force or legal effect within
the city's rent stabilization program. Such documents shall not affect the right of any tenant to
participate in the rights, remedies, procedures and processes set forth in this chapter. Efforts to utilize
such documents to discourage participation in the city's rent stabilization program may be deemed
retaliatory.
5.32.160 Nonwaiverability.
Any provision, whether oral or written, in or pertaining to a rental agreement whereby any
provision of this chapter is waived or modified, is against public policy and void, except with respect
to any rental agreement complying with all of the terms and conditions set forth in Section 798.17 of
the California Civil Code.
5.32.170 Penalties and remedies.
Any owner who demands, accepts, receives, or retains any money as rent from a tenant to
which the owner is not entitled under the provisions of this chapter shall be liable to the tenant for
any actual damages, attorney's fees, and costs incurred by the tenant as a consequence and the tenant
may seek relief in a court of appropriate jurisdiction for injunctive relief and damages.
12
5.32.180 Rights of affected tenants reserved.
This chapter shall not be construed to limit or curtail any other action or proceeding which may
thereof.
INTRODUCED at the regular meeting of the City Council held on the 8"' day of
111jecember 2003, b,% -moticy—tEcfft _3 • LL
PASSED, APPROVED AND ADOPTED by the City Council of the City of Morro Bay on
the 12th day of January 2004, • the following vote to wit:
AYES: Elliott, Peirce, Peters, Winholtz, Yates
NOES: None
ABSENT: None
Bridgett Ba r, City Clerk
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