A. Required Finding. Following a public hearing, the City Council shall, by resolution, record its decision of whether to approve, conditionally approve or reject the relocation impact report. The relocation impact report may be approved, with or without conditions, only after first adopting a written finding that the mitigation measures set forth in the relocation impact report will adequately mitigate-the adverse impacts of the change of use or closure of the mobile home park on eligible occupants. The criteria considered when making such a finding shall include, but not be limited to, one or more of the following:
1. All requirements of applicable state law and this Chapter have been satisfied.
2. Whether there will exist, at the time of change of use or closure of the mobile home park available spaces within a reasonably comparable mobile home park located within a twenty (20) mile radius of the City to accommodate the displaced eligible mobile homes.
3. Whether the age, type, condition, and style of mobile homes within the mobile home park proposed for change of use or closure are such that the mobile homes are able to be moved and accepted into reasonably comparable parks located within a twenty (20) mile radius of the City.
4. Whether the eligible occupant cannot relocate to a reasonably comparable mobile home park located within a twenty (20) mile radius of the City and the justification for that conclusion.
5. Whether there is evidence that the applicant has attempted, at any time, to evict or otherwise cause the removal of eligible occupants for the purpose of avoiding or reducing payment of relocation assistance benefits.
6. Whether reports and notices required by applicable state law and this chapter have been properly prepared and properly served.
7. If the change of use or closure of the mobile home park is to another residential use, whether the residents of the mobile home park will have an opportunity to rent or purchase, if for sale, the new units, and whether the construction schedule will result in unreasonable long-term displacements.
8. Whether the relocation assistance benefits to be provided adequately mitigate any adverse impacts of the change of use or closure of the mobile home park on the eligible occupants.
9. Based upon the mitigation measures proposed, whether the proposed change of use or closure of the mobile home park is consistent with the goals, policies, and objectives of the city's general plan, any applicable specific plans, and provisions of the zoning code.
10. Based upon the mitigation measures proposed, whether the proposed change of use or closure of the mobile home park will be detrimental to the public health, safety and general welfare.
B. Conditions of Approval. In approving a relocation impact report, the City Council may impose conditions to adequately mitigate any adverse impacts on eligible occupants that are associated with the change of use or closure of the mobile home park. Conditions of approval may include, but are not limited to, the following:
1. Consistent with Cal. Gov't Code § 65863.7(e), payment of the reasonable cost of relocation to each eligible occupant who resided in the mobile home park at the time of the filing of the relocation impact report application and who will actually be displaced as a result of the change of use or closure of the mobile home park. Reasonable cost of relocation may include, but shall not be limited to:
a. Payment of the cost of relocating the eligible mobile homes identified in the relocation impact report to available spaces in reasonably comparable mobile home parks within the study area referenced in the relocation impact report. The cost of relocating the eligible mobile homes shall include the costs of physically moving to a new site the eligible mobile home and movable improvements, such as patios, carports and porches. Such costs may include the dismantling, packing, moving, unpacking, reassembling, and rebuilding of the mobile home and movable improvements (including skirting and tie-downs), and the packing, moving and unpacking of all personal property.
b. For eligible occupants who are unable to reasonably relocate their mobile home, payment of the cost of purchasing their mobile home based on information contained in the approved relocation impact report as set forth in § 15.13.035.C.12, and reasonable expenses incurred in relocating to a new residence within the study area referenced in the relocation impact report.
c. Payment to eligible occupants of a lump sum to compensate for payment of the first and last months rent at a reasonably comparable mobile home park or other rental housing, as determined by the relocation specialist.
d. Based on a showing of financial hardship, the payment to eligible occupants of a security deposit at a new mobile home park or other rental housing may be considered.
2. If the mobile home park is to be developed into another residential use, a requirement to set aside a certain number of affordable units for the low income residents of the mobile home park, either on-site or off-site within the City limits, pursuant to the provisions of the state affordable housing law.
3. If the mobile home park is to be converted to another residential use, a requirement to offer residential units for rental or purchase first to eligible occupants of the existing mobile home park.
4. The applicant shall execute and record against the mobile home park property a covenant and agreement to comply with the conditions of approval of the resolution approving the relocation impact report in a form approved by the City Attorney.
C. Reasonably Comparable Determination. Applicant's retained relocation specialist shall determine what constitutes a “reasonably comparable” mobile home park or other rental housing, as referenced in this § 15.13.040.
(Ord. No. 2011-010 § 1 (part))