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15 ATTACHMENTS
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2009
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040709
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15 ATTACHMENTS
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4/1/2009 1:08:32 PM
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4/1/2009 12:52:50 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
4/7/2009
DESTRUCT DATE
15 Y
DOCUMENT NO
15 ATTACHMENTS
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approximately thirty-one (31) acres. The Park has wide asphalt streets with gutters, green belts <br />for open space, and all utilities aze underground. The common area contains a clubhouse with <br />billiards, laundry room, a full kitchen, library/card room, television, and fireplace in main room. <br />There is a pool (with shower facilities). The pool area is furnished including chaise lounges and <br />chairs and tables with umbrellas. <br />2. Residents' Current Position/Rights. <br />2.1 Current Occuoancv. Currently, a small number of the Residents reside in the <br />Park on leases ("Leases"). Approximately eighty-five percent (85%) of the Resident occupants <br />reside in the Pazk on a month-to-month written rental agreement ("Rental Agreement"). <br />For those Residents who aze on a one (1)-year or month-to-month tenancy, the <br />2007 Rent Stabilization Agreement, agreed upon by the City of Pleasanton and the Park Owner <br />(as subsequently amended, modified or supplemented, "Rent Stabilization Agreement"), <br />currently regulates rent increases. <br />2.2 Residents' Rights. In addition to the terms of the Leases and Rental Agreements, <br />the tenancy rights of Residents residing in the Pazk are governed by California Civil Code §§ 798 <br />et seq. ("Mobilehome Residency Law") and other applicable California statutes and case law. <br />3. Park Owner's Rights Uuon Conversion• Right to Change Use. Generally the Pazk <br />Owner, pursuant to the Califomia Government Code and Mobilehome Residency Law, has the <br />right to terminate all existing tenancies and require the Residents to vacate the property and go <br />out of business or change the use of the property, providing all applicable laws are followed. The <br />Park Owner, however, through this TIR, agrees to waive the right to terminate any tenancies and <br />existing Leases or require that the Residents vacate the property. Under this scenario, non- <br />purchasing Resident Households will NOT be required to vacate their space and, as described in <br />more detail in Section 4 below, will have occupancy rights subject to any Lease or Rental <br />Agreement, Mobilehome Residency Law, and Califomia law, as applicable. Therefore, there will <br />be no actual eviction or displacement due to the conversion and Resident-purchase of the Park. <br />4. No Actual or Economic Disulacement. <br />4.1 Impact of Conversion. Under the California Government Code and the <br />Mobilehome Residency Law, the subdivider is required, as a condition of conversion, to prepare <br />a TIR to set forth the impact of the conversion. Furthl;r, the rental increase amount, which may <br />be charged by the owner of the space subsequent to the conversion, is specified and is mandatory <br />in California Government Code § 66427.5. As a result of the conversion, there will be no <br />physical change of use. The property was before and will be after the conversion, operated as a <br />mobilehome pazk. The difference is that instead of art investor/operator owner, a Homeowners' <br />Association will operate the property. <br />4.2 Rental Rate Increases: No Economic Disalacement. To the extent there is any <br />economic displacement of Resident Households who elect to not purchase the space on which <br />their mobilehome is situated, it is mitigated by allowing such non-purchasing Resident <br />Households to continue their tenancy in the Park under the Subdivision Map Act rental increases <br />restrictions pursuant to Califomia Government Code § 66427.5 (f) (1 &2)("Map Act Rents"). <br />[DMM:a~/ 15918I_4.DOC/OS 1308/4640.0011 3 <br />
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