PC 102605 - Laserfiche WebLink

In response to an inquiry by Commissioner Pearce regarding the Commission's authority to override the HOA's contractual relationship between an HOA and the homeowner, Ms. Nerland replied that there: were two different components of regulation. The City has regulations that need to be met, regardless of what the HOA may agree to and bind itself through the CCBcRs. Ultimately, the HOA's restrictions may be more restrictive than the City's requirements, but not less. Ms. Nerland noted that the Planning Commission was not the appropriate body to address any perceived discrepancies in the CCG Bt.Rs which did not violate the City's regulations. Corrxlzxissioner Fox advised that she did not live close enough to this site to require rccusal from this item but that she was part of an HOA that had residents off of Kai rlp Drive and Garden Creek Circle. This HOA was different but had conducted meetings regarding patio covers; that IIOA board has approved permanent patio covers on a case by case basis during meetings that she has attended. Ms. Decker noted that this request was site-specit3c and would not apply to the entire PUD. THE PUBLIC HEARING WAS OPF.NF D. Heinrich l~"ischer, applicant, 1570 Poppybank Court, noted that he had put this awning up to provide shade for his grandson's birthday party, and after being made aware of the CCScR requirements for awnings, he requested a minor modification. Mr. Fischer noted the concern that the awning did not add to the aesthetic value in the community and added that Article 4 of the C]C]BcRs stated that "sheds are allowed and animal shelters are allowed. He added that from Mohr Avenue to the end of Main Street, there were over 70 awnings and inquired whether they ware a detriment to Pleasanton's aesthetlc S. In response to an inquiry by Ms. Nerland whether the additional condition of requiring the awning to be maintained in good repair was acceptable to hixr~, Mr. Fischer said yes_ Alex Faymonville, Community Association Manager, Rose Park Homeowners Association, noted that the reference to structures in the CCB~Rs meant permanent structures and not something transient like an awning. He noted that the CC8cRs were silent on. the types of materials used. but believed that an awning was not part of the definition- Ha added that the Board of Directors was tasked by the CCB~Rs to enforce their owt~ regulations as well as to maintain property values and the curb appeal of the con~lrrlunity_ "11~1e Board of Directors did not believe the awnings would add to the curb appeal of the comiriunity, cspcci ally if it became faded and ragg~d- In response to an inquiry by Commissioner Blank whether there was a cover deemed to be acceptable by the HOA, Mr. Paymonville replied that the main concern was the fact that a resident may put up a tent. PLANNING COMMISSION MINUTES October 26, 2005 Pagc 4 of ] 4