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Section 2. The recitals and statements of fact set forth in the preamble to this ordinance are true and correct, constitute a substantive part of this ordinance, and are incorporated herein by this reference. Section 3. Based on those facts, the City Council finds, determines and declares that this ordinance is necessary for the preservation of the public peace, health, or safety pursuant to the City's police power, as granted broadly under Article XI, section 7 of the California Constitution, and Santa Ana Charter section 200. Section 4. Accordingly, increases in rent on mobile home Spaces in the City of Santa Ana in excess of three percent (3%), or the change in the Consumer Price Index, whichever is greater, and more than one rent increase in any.twelve (12) month period, are prohibited, unless expressly exempt under the MRL` codified.`iri California Civil Code sections 798, et seq. The term Consumer Price Index means, at the time of the adjustment calculation, the percentage increase in the, United State, Consumer Price Index for all Urban Consumers in the Los Angeles -Long Beach -Anaheim -Metropolitan Area published by the Bureau of Labor Statistics; not seasonally adjusted, for the most recent twelve (12) month period ending prior to the proposed rent increase/adjustment. Section 5. This ordinance llows for an annual, adjustment of mobile home space rent of up to three percent (%), or the change in the Consumer Price Index, whichever is greater. A Consumer Price Index -based increase's found and determined to provide a just and reasonable return on a mobile home,park owner's property, and has been adopted to encourage good management, reward efficiency and discourage the flight of capital, as well as to be eismmensurate with returns on comparable investments, but not so high, as, to defeat the purpose of curtailing excessive mobile home space rentsand:,rental increases. Notwithstanding the foregoing, however, any owner of a mobile home park Who contends that the limit on mobile home space rental increases set forth in Section`4 alaove will prevent the owner from receiving a fair and reasonable return on his/herhis-.property, may petition for relief from the cap set forth in section 4 nursuanf to the>.orocedures set forth in section 6. Se'ti n 6. A mobile homd' park owner may petition for a rent increase in excess of`that,provided in section 4 in order to obtain a fair and reasonable return on his/her/its property. Such petition shall be on an application form prescribed by the City Manager and shall. be decided by the City Manager, or his or her designee ("City Manager"). The applioartt shall bear the burden of establishing that a rate increase in excess of that providd'in section 4 is necessary to provide the applicant with a fair and reasonable return ``bn his/her/its property, including by providing an independent financial report and verified financial data demonstrating that without such an increase, he/she/it will not realize a fair and reasonable return on his/her/its property. Upon receipt of a fair return petition/application, the City Manager shall determine if the employment of expert(s) will be necessary or appropriate for a proper analysis of the applicant's request. If the City Manager so determines, he or she shall also determine the anticipated costs of employing such expert(s). The resulting figure shall be Ordinance No. NS - _ Page 4 of 8 279 65A-282