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2 <br /> <br />Replacement does not include Capital Improvement Costs. <br /> <br />H. “Consumer Price Index or CPI” means the annual percentage change monthly data on <br />changes in the prices paid by urban consumers for a representative basket of goods and <br />services. For purposes of this Ordinance, the consumer price index is defined follows: All <br />Urban Consumers, San Francisco-Oakland-Hayward, CA Area West Region All Items, <br />1982-1984=100, as published by the United States Bureau of Labor Statistics of the United <br />States Department of Labor. <br /> <br />I. “Fair Return Application” means an application made to the City that seeks to increase Space <br />Rents beyond the lesser of the CPI or four (4) percent during the most recent twelve-month <br />period ending December of the prior year in order to provide a fair return to the Park Owner. <br /> <br />J. “Hearing Officer” The City Manager or their designee who conducts a hearing or hearings <br />pursuant to this Ordinance. The minimum qualifications of the Hearing Officer shall be as <br />established by the rent review procedures. A person shall not be appointed as a Hearing <br />Officer if the City Manager or designee determines that the person has an actual or potential <br />conflict of interest in the matter or if such appointment would have the appearance of a <br />conflict of interest in the matter. For example, a person who is a mobilehome owner, a park <br />owner or an immediate family member of a mobilehome owner or park owner shall be <br />ineligible to serve as a Hearing Officer. <br /> <br />K. “Interest Allowance on Amortized Expenses” means the interest rate on the cost of the <br />amortized expense equal to the “average rate” for 30-year fixed rate home mortgages plus <br />two percent. The “average rate” shall be the rate Freddie Mac last published in its weekly <br />Primary Mortgage Market Survey (“PMMS”) as of the date of the initial submission of the <br />application. In the event that this rate is no longer published, the index which is most <br />comparable to the PMMS index shall be used. <br /> <br />L. “Legal Expenses” means reasonable attorney’s fees, expert witness’ fees, and legal costs. <br /> <br />M. “Mobilehome Residency Law” means the California Mobilehome Residency Law <br />codified in California Civil Code Section 798 et seq. as now enacted and hereafter <br />amended. <br /> <br />N. “Mobilehome” has the meaning set forth in Section 798.3 of the Mobilehome Residency <br />Law, which is defined\ as of the date of enactment of this Chapter as follows: <br /> <br />1. A structure designed for human habitation and for being moved on a street or highway <br />under permit pursuant to section 35790 of the Vehicle Code, including a manufactured <br />home, as defined in section 18007 of the Health And Safety Code, and a mobilehome, <br />as defined in section 18008 of the Health And Safety Code, but, except as provided in <br />subsection 2 of this definition, does not include a recreational vehicle, as defined in <br />section 799.29 of the Civil Code and section 18010 of the Health and Safety Code or a <br />commercial coach as defined in section 18001.8 of the Health and Safety Code. <br /> <br />2. "Mobilehome" for purposes of this Chapter and pursuant to California Civil Code section <br />798.3(b) “includes trailers and other recreational vehicles of all types defined in section <br />18010 of the Health and Safety Code, other than motor homes, truck campers, and <br />camping trailers, which are used for human habitation, if the occupancy criteria of either <br />subsection [2a] or [2b] of this definition, as follows, are met:” <br />