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Chair Pearce stated that she would support the motion and added that she would <br />not be pleased if the application came back before the Commission because the <br />conditions were violated. <br />ROLL CALL VOTE: <br />AYES: Commissioners Narum, O’Connor, Olson, and Pearce. <br />NOES: Commissioner Fox. <br />ABSTAIN: None. <br />RECUSED: None. <br />ABSENT: Commissioner Blank. <br />Resolution No. PC-2009-05 approving PCUP-237 was entered and adopted as <br />motioned. <br />a.PMCC-2, Vineyard Villa <br /> Application for a Vesting Tentative Map converting a 208-unit mobile <br />home park located at 3263 Vineyard Avenue into residential <br />condominium units. Zoning for the property is C-F (Freeway <br />Interchange Commercial) District. <br />Mr. Dolan presented the staff report and described the background, scope and key <br />elements of the proposal. <br />Commissioner Fox referred to the second paragraph of the survey cover letter, <br />dated March 17, 2008, which addresses provisions for loan assistance. She noted <br />that there was no mention made that if the lot is converted, the rent control <br />stabilization agreement would no longer be effective after four years for those <br />residents who are above a certain income level. She inquired whether this was a <br />bona fide survey and whether the respondents to the survey could validly choose to <br />say “yes” or “no” based upon what they were told. She further inquired whether the <br />cover letter was leading and how unbiased it was. <br />Mr. Roush replied that he was not aware of any particular case law or statutory <br />guidance regarding what must be included in a cover letter. He stated that there will <br />always be a certain amount of discretion on the part of the parties who prepare the <br />letter, and one should look at the entire document to determine whether adequate <br />information is available to allow the residents to make a reasonable judgment about <br />whether or not they can answer the question. He added that he believed the survey <br />was adequate; however, certain information could have been added to clarify certain <br />things. He noted that there have been all-park meetings where the owner’s <br />representative had provided information to the residents in attendance; information <br />was also mailed to all the residents. <br />Commissioner Fox stated that it was her perception that it would not be reasonable <br />or common knowledge that when a mobile home park is converted to <br />PLANNING COMMISSION MINUTES, February 25, 2009 Page 9 of 29 <br /> <br />