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T 8 <br /> HE CITY OF CITY COUNCIL AGENDA REPORT v <br /> pL£ASANTON. <br /> March 2, 2010 <br /> Community Development Department, Planning Division <br /> Law Department <br /> TITLE: FURTHER CONSIDERATION OF AN APPEAL OF THE PLANNING <br /> COMMISSION'S DENIAL OF AN APPLICATION FOR A VESTING <br /> TENTATIVE MAP REGARDING THE CONVERSION OF THE <br /> VINEYARD VILLA MOBILEHOME PARK AND APPROVAL OF <br /> SETTLEMENT AGREEMENT <br /> PROPERTY OWNER: Pleasanton Mobilehome Park, LP <br /> SUMMARY <br /> The owner of the Vineyard Villa Mobilehome Park on Vineyard Avenue is asking the <br /> City Council to consider further a decision of the Planning Commission, and a decision <br /> the City Council itself made in August 2009, that denied the owner's application to <br /> convert the Park from one which rents space to mobilehome owners to a single family <br /> manufactured home condominium project where residents could own the lots on which <br /> their mobilehomes sit. Thereafter the Park Owner filed two lawsuits against the City. <br /> City representatives and the Park Owner have met to discuss potential settlement of the <br /> lawsuits and those terms have been discussed generally with the Park residents who <br /> support the proposed settlement. A proposed settlement agreement is attached to this <br /> agenda report. The settlement agreement is contingent on the Council's approving the <br /> application. <br /> RECOMMENDATION <br /> Staff recommends that the City Council: A) uphold the appeal, thereby conditionally <br /> approving the application; B) approve the attached settlement agreement. <br /> FINANCIAL STATEMENT <br /> If the Council upholds the appeal and approves the settlement agreement, the City will <br /> pay to the Park Owner $750,000. Pursuant to that agreement the settlement proceeds <br /> are for capital improvements in the Park. This payment will come from the City's liability <br /> insurance fund. The City is agreeing to make this payment in order to avoid the <br /> uncertainty of litigation which could require payment by the City to the Park Owner of <br /> damages and attorneys' fees. If no further lawsuits are filed challenging the City's <br /> decision to approve the application, the Park Owner will dismiss the lawsuits. <br />