94-023 RESOLUTION NO. 94R-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ENACTING PROCEDURES REI2%TING TO
THE REVIEW OF ANY REPORTS ON THE IMPACT OF
THE CONVERSION, CLOSURE, OR CESSATION OF USE
OF ANY MOBILEHOME PARK WHICH MAY BE REQUIRED
PURSUANT TO SECTION 65863.7 OF THE GOVERNMENT
CODE OF THE STATE OF CALIFORNIA
WHEREAS, Section 65863.7 of the Government Code of the
State of California provides that, prior to the conversion of a
mobilehome park to another use, except pursuant to the
Subdivision Map Act, or prior to closure of a mobilehome park or
cessation of use of the land as a mobilehome park, the person or
entity proposing the change in use shall file a report (the
"Report") on the impact of the conversion, closure, or cessation
of use upon the displaced residents of the mobilehome park to be
converted or closed; and
WHEREAS, subdivision (e) of said Section 65863.7 of the
Government Code provides that, prior to any change of use, the
legislative body, or its delegated advisory agency, shall review
the Report, and may require the person or entity proposing the
change in use to mitigate any adverse impact of the conversion,
closure, or cessation of use on the ability of displaced
mobilehome park residents to find adequate housing in a
mobilehome park as described in said Section; and
WHEREAS, subdivision (d) of said Section 65863.7 of the
Government Code further provides that, under certain
circumstances described therein, a hearing shall be held on the
sufficiency of the Report; and
WHEREAS, the city Council desires to establish the
following procedures for the review, or hearing to consider the
sufficiency, of any such Report as may be required pursuant to
the provisions of Section 65863.7 of the Government Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the city of Anaheim as follows:
SECTION 1.
The Planning Commission of the City of Anaheim is
hereby designated as the "delegated advisory agency" of the City
Council within the meaning of Section 65863.7 of the Government
Code of the State of California (the "State Law").
SECTION 2.
The Planning Commission shall have final decision-
making authority with regard to any decision required of, or
authorized to be made by, the legislative body, or its delegated
advisory agency, of the City of Anaheim pursuant to the State
Law; provided, however, any such decision of the Planning
Commission shall be subject to appeal to or review by the City
Council within the time and manner hereinafter provided in this
resolution.
SECTION 3.
Any decision of the Planning Commission pursuant to the
State Law shall be final and effective twenty-two (22) days
following the date thereof unless, within such time period,
either (i) an appeal in writing is filed with the City Clerk
appealing such decision to the City Council, or (ii) a request to
review said decision is made orally at a City Council meeting or
in writing by two (2) or more members of the City Council.
SECTION 4.
The filing of a timely appeal, or timely requests by
two (2) or more members of the City Council to review such
decision, shall vacate the decision of the Planning Commission.
Any hearing by the City Council (or its appointed hearing
officer) shall be conducted as a de novo hearing upon the entire
decision.
SECTION 5.
Upon receipt of a timely filed written appeal or timely
requests by two (2) or more members of the City Council to review
the decision of the Planning Commission (collectively referred to
herein as the "appeal"), the City Clerk shall p%ace such subject
matter on the agenda of the next regular City Council meeting at
which such matter may be legally considered and at such meeting,
or at any regular meeting of the City Council within thirty days
thereafter, the City Council shall, by motion, either (i) set the
appeal for hearing by the City Council or (ii) refer such appeal
to a hearing officer for the purpose of conducting such hearing,
preparing the administrative record, and making a written
recommendation to the City Council in accordance with the
procedure set forth in Section 1.12.110 of the Anaheim Municipal
Code. Any such hearing shall be commenced within sixty (60) days
following the date of appeal. Upon any such appeal, the decision
of the City Council shall be final and conclusive.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 1st day o~. March ,
1994. ~ ~ l~ ~ -~
CITY CLERK OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution
No. 94R-23 was introduced and adopted at a regular meeting provided by law, of the Anaheim City
Council held on the 1st day of March, 1994, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Simpson, Pickler, Hunter, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Feldhaus
AND I FURTHER CERTIFY that the Mayor of the City of Ar~aheim signed said Resolution No. 94R-23
on the 2nd day of March, 1994.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 2nd day of March, 1994.
CITY CLE!RK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original of Resolution No. 94R-23 was duly passed and adopted by the City Council of the City of
Anaheim on March 1, 1994.
CITY CLERK OF THE CITY OF ANAHEIM