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13 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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081809
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13 ATTACHMENTS
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1/15/2010 2:02:26 PM
Creation date
8/13/2009 4:33:48 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
8/18/2009
DESTRUCT DATE
15 Y
DOCUMENT NO
13
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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 are 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 Occupancy. 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 Park on a month -to -month written rental agreement "Rental Agreement <br /> For those Residents who are 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 Park 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 Upon Conversion; Right to Change Use. Generally the Park <br /> Owner, pursuant to the California Government Code and Mobilehome Residency Law, has the <br /> right to terminate all existing tenancies and require the Residents to vacate the property and <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 California 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 Displacement. <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. Further, 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 park. The difference is that instead of an investor /operator owner, a Homeowners' <br /> Association will operate the property. <br /> 4.2 Rental Rate Increases: No Economic Displacement. 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 California Government Code 66427.5 (f) (1 &2)( "Map Act Rents <br /> [DMM:t159181 4 DOC/051308/4640.001] 3 <br />
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