Section 6038 - Relocation Plan(a) As soon as possible following the initiation of negotiations and prior to proceeding with any phase of a project or other activity that will result in displacement a public entity shall prepare a Relocation Plan and submit it for approval to the local legislative body, or in the case of a state agency, the head of the agency. When the public entity's action will only result in an insignificant amount of non-residential displacement a displacing entity shall provide benefits as required by these Guidelines and state Relocation Law without compliance with this section. For residential projects of 15 or less households, the full and accurate completion of the Model Relocation Plan HCD-832(new), which is incorporated by reference as if set forth in full, shall be presumed to be in compliance with the planning requirements of this section. Copies of the Model Relocation Plan HCD-832(6/8/99) as well as the Informational Notice HCD-833(6/8/99), which is incorporated by reference as if set forth in full, may be downloaded from the Department's internet web site at www.hcd.ca.gov. This form can be obtained from the Department by telephoning 916-323-7288.(b) A Relocation Plan shall include the following:(1) A diagrammatic sketch of the project area.(2) Projected dates of displacement.(3) A written analysis of the aggregate relocation needs of all persons to be displaced (as required by section 6048) and a detailed explanation as to how these needs are to be met.(4) A written analysis of relocation housing resources (as required by section 6052).(5) A detailed description of the relocation advisory services program, including specific procedures for locating and referring eligible persons to comparable replacement housing.(6) A description of the relocation payments to be made (pursuant to Article 3) and a plan for disbursement.(7) A cost estimate for carrying out the plan and identification of the source of the necessary funds.(8) A detailed plan by which any last resort housing (as described in section 6054 and Article 4) is to be built and financed.(9) A standard information statement to be sent to all renters who will be permanently displaced (as required by section 6046).(10) Temporary relocation plans, if any.(11) A description of relocation office operation procedures.(12) Plans for citizen participation.(13) An enumeration of the coordination activities undertaken (pursuant to section 6052).(14) The comments of the relocation committee, if any (pursuant to section 6012).(15) A written determination by the public entity that the necessary resources will be available as required.(c) A Plan prepared by a local public entity shall be consistent with the local housing element.(d) In the event of delay of more than one year in the implementation of the relocation program, the plan shall be updated prior to implementation of that program.(e)(1) Copies of the plan shall be submitted for review to the relocation committee 30 days prior to submission to the local legislative body or head of state agency for approval. Copies shall be available to the public upon request. A copy of the final relocation plan shall be forwarded to the department which shall act as a central repository.(2) General notice of the plan shall be provided. Notice shall be designed to reach the occupants of the property; it shall be in accordance with the provisions of paragraph 6046(a)(3) and subsection 6046(b); and it shall be provided 30 days prior to submission to the local legislative body or head of state agency for approval.(f) Any displaced person or interested organization may petition the department to review the relocation plan required to be submitted by the displacing agency. The department shall review the plan in accordance with the time constraints and the procedures established in Article 5.Cal. Code Regs. Tit. 25, § 6038
1. Amendment of subsection (c) filed 1-28-77 as procedural and organizational; effective upon filing (Register 77, No. 5).
2. Amendment of subsections (a) and (c)-(e)(1), new subsection (f) and new NOTE filed 8-12-97; operative 9-11-97 (Register 97, No. 33).
3. Amendment of subsections (a), (b)(9) and (e)(1) filed 10-7-99; operative 11-6-99 (Register 99, No. 41). Note: Authority cited: Section 50460, Health and Safety Code. Reference: Sections 7260.5 and 7261, Government Code.
1. Amendment of subsection (c) filed 1-28-77 as procedural and organizational; effective upon filing (Register 77, No. 5).
2. Amendment of subsections (a) and (c)-(e)(1), new subsection (f) and new Note filed 8-12-97; operative 9-11-97 (Register 97, No. 33).
3. Amendment of subsections (a), (b)(9) and (e)(1) filed 10-7-99; operative 11-6-99 (Register 99, No. 41).