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LAW OFFICES <br /> GILCHRIST &a RUTTER <br /> PROFESSIONAL CORPORATION <br /> WILSHIRE PALISADES BUILDING TELEPHONE (310) 393 -4000 <br /> 1299 OCEAN AVENUE, SUIT 900 FACSIMILE (310) 394 -4700 <br /> SANTA MONICA, CALIFORNIA 9040 1 -1 000 E -MAIL: rclose ®gilehristrutter.com <br /> January 22, 2009 <br /> VIA FEDERAL EXPRESS <br /> Jennifer Pearce, Chairperson <br /> Arne Olson, Vice Chairman <br /> Commissioner Philip Blank <br /> Commissioner Anne Fox <br /> Commissioner Kathy Narum <br /> Commissioner Gregory M. O'Connor, Altemate <br /> Pleasanton Planning Commission <br /> City of Pleasanton, City Hall <br /> 200 Old Bernal Avenue <br /> Pleasanton, California 94566 <br /> Re: PMCC -2 Mobile Home Park Conversion to Resident Ownership for 3263 <br /> Vineyard Avenue: <br /> Dear Chairperson Pearce and Commissioners: <br /> On January 28, 2009 you will be considering the approval of the conversion/subdivision <br /> of Vineyard Mobile Villas to resident ownership. <br /> In representing mobilehome parks throughout the state seeking to convert to resident <br /> ownership, we have noticed misunderstanding on the part of some cities regarding the import of <br /> the results of the survey of resident support, which is required pursuant to applicable law. In an <br /> effort to avoid any confusion at the Hearing on this application, we wanted to address it in <br /> writing. <br /> Government Code section 66427.5 and case law explicitly prohibit cities from denying an <br /> application for Conversion due to lack of resident support. Section 66427.5 merely provides in <br /> Subdivision (d) that an applicant for Conversion conduct and submit a survey of support <br /> "Survey Pursuant to Subdivision (e) of Section 66427.5, local government authority is <br /> restricted to determining whether the Survey is conducted and submitted in accordance with the <br /> requirements of Section 66427.5. The plain language of Section 66427.5 makes clear that cities <br /> have no authority to reject an application for Conversion for lack of resident support. <br /> In addition, the Court of Appeal specifically rejected the contention that a Conversion <br /> application requires any level of resident support for its legitimacy or its approval in El Dorado <br /> Palm Springs, Ltd v. City of Palm Springs (2002) 96 Cal. App. 4 1153, 1181 -82 "E1 Dorado <br />