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13 ATTACHMENTS
City of Pleasanton
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13 ATTACHMENTS
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1/15/2010 2:02:26 PM
Creation date
8/13/2009 4:33:48 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
8/18/2009
DESTRUCT DATE
15 Y
DOCUMENT NO
13
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ATTACHMENT 4 <br /> LAW OFFICES t <br /> l MAR 0 9 2009 <br /> GILCHRIT 8v RUTTER I\ <br /> PROFESSIONAL CORPORATION <br /> V c <br /> WILSHIRE PALISADES BUILDING TELEPHONE (310) 393 -4000 <br /> 1299 OCEAN AVENUE, SUITE 900 FACSIMILE (310) 394 -4700 <br /> SANTA MONICA, CALIFORNIA 90401 -1000 E -MAIL: rcloss @gilchristrutter. corn <br /> March 6, 2009 <br /> VIA FEDEX <br /> Karen Diaz <br /> City Clerk <br /> City of Pleasanton <br /> 123 Main Street <br /> Pleasanton, CA 94566 <br /> Re: Appeal From Planning Commission's Decision On February 25, 2009 To Deny <br /> Application No. PMCC -2 to Convert the Existing Vineyard Mobile Villas Mobile <br /> Home Park From a Rental -Only Park To Resident Ownership <br /> Dear Ms. Diaz: <br /> We represent the property owner and applicant, Pleasanton Mobile Home Park LP, owner <br /> of Vineyard Mobile Villas "Vineyard in the above referenced application for a vesting <br /> tentative map, Application No. PMCC -2 (the "Application to convert its Park from a rental <br /> park to a resident -owned park pursuant to the Subdivision Map Act, Government Code section <br /> 66427.5 (the "Conversion <br /> At its meeting on February 25, 2009, the Planning Commission "Commission denied <br /> the Application. We received notice of this denial in a letter from the City of Pleasanton "City <br /> dated February 27, 2009. <br /> Pursuant to Section 19.56 of the Pleasanton City Code, we hereby appeal the Planning <br /> Commission's February 25, 2009 decision to deny the Application. The Planning Commission's <br /> decision was unjustified and inappropriate, especially in light of the fact that the Staff Report to <br /> the Planning Commission recommended approval of the Application and the fact that the <br /> Commission did not set forth any grounds for its denial. Indeed, its decision to deny the <br /> Application is wholly unsupported by the facts and/or any evidence in the record. Furthermore, <br /> the decision is in error and is an abuse of discretion. <br /> As set forth in more detail below, local authority with regards to mobilehome park <br /> Conversions is limited to determining compliance with the provisions of Government Code <br /> section 66427.5. Here, because the Application evidenced compliance with the provisions of <br /> Section 66427.5, the Planning Commission had no grounds to deny the Application. <br />
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