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Santa Rosa planning commission rejects mobile home park conversion

August 15, 2010 by · Leave a Comment 

Read the article here.

I am not an attorney, but in my opinion, just like what happened recently in Palm Springs, these City “officials” have overstepped their authority in denying this mobile home park subdivision. Based on my reading of a recent appeals court decision (unpublished), Palm Springs Investment Co. vs City of Palm Springs, this park owner will prevail. The Palm Springs case is a very similar situation with similar park resident survey results. Some quotes from the decision…

The trial court held the City Council (planning commission in this this case) had exceeded its jurisdiction in denying approval of the subdivision application by relying on the tenant survey to determine that the proposed subdivision was not a bona fide resident conversion. (the appellate court agreed)”

““[S]ection 66427.5 strictly prohibits localities from deviating from the state-mandated criteria for approving a mobile home park conversion application.” (Sequoia Park, supra, 176 Cal.App.4th at p.1299.)”

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