15 ATTACHMENTS - Laserfiche WebLink

ATTACHMENT 4 LAW OFFICES GILCHRIST ~Y RL7TTFR YHOFL~'SS10~ALCORPORATIOS WILSHIRE PALISADES BUILDING 1299 OCEAN AVENUE. SUITE 900 SANTA MONICA. CALIFORNIA 90401-1000 TELEPHONE (3'10)393-aD00 FACSIMILE (3f0) 394-4J00 E-MAIL rclosa@9ilch risiruff ar.com March 6, 2009 Vtn FEnEx Karen Diaz City Clerk City of Pleasanton 123 Main Street Pleasanton, CA 94566 Re: Appeal From Planning Commission's Decision On February 25, 2009 To Deny Application No. PMCC-2 to Convert the Existing Vineyard Mobile Villas Mobile Home Park From aRental-Only Park To Resident Ownership Dear Ms. Diaz: We represent the property owner and applicant, Pleasanton Mobile Home Park LP, owner of Vineyard Mobile Villas ("Vineyard") in the above-referenced application for a vesting tentative map, Application No. PMCC-2 (the "Application"), to convert its Park from a rental park to a resident-owned park pursuant to the Subdivision Map Act, Govennnent Code section 66427.5 (the `Conversion"). At its meeting on February 25, 2009, the Plarming Commission ("Commission") denied the Application. We received notice of this denial in a letter from the City of Pleasanton (`City") dated February 27, 2009. Pursuant to Section 19.6 of the Pleasanton City Code, we hereby appeal the Planning Commission's February 25, 2009 decision to deny the Application. The Planning Commission's decision was unjustified and inappropriate, especially in light of the fact that the Staff Report to the Planning Commission recommended approval ofthe Application and the fact that the Commission did not set forth any grounds for its denial. Indeed, its decision to deny the Application is wholly unsupported by the facts and/or any evidence in the record. Furthermore, the decision is in error and is an abuse of discretion. As set forth in more detail below, local authority with regards to mobilehome park Conversions is limited to determining compliance with the provisions of Government Code section 66427.5. Here, because the Application evidenced compliance with the provisions of Section 66427.5, the Planning Commission had no grounds to deny the Application.