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Mr. Swift said that is what staffhas been told, although he has not seen the original CC&Rs. That provision had a lapsing provision and it expired long ago. Ms. Hosterman asked if the neighborhood would have been notified when the CC&Rs expired? Mr. Swirl said there would be no notice. CC&Rs are private covenants and are not enforced by the City like a zoning regulation would be. Mr. Brozosky asked why the zoning regulations did not reflect the CC&Rs to prohibit second story additions. Mr. Swirl said at the time the development was built, "planned development districts", which would be what would be used for that type of zoning regulation, were not in widespread use anywhere in the country. The property was zoned R-1-6,500 with maximum floor area ratios, etc. and only a height limit, but no reference to second story additions. Steven Siner, 6599 Stanton Court, believed the key issue was whether a second story addition could be built in the Rosepointe subdivision. He has met all the zoning, setback, height, and other requirements. Despite this, the Planning Commission denied his application because it felt a second story was incompatible with the neighborhood. He said Rosepointe has 62 lots with nine having homes with second stories. If those nine received permission to build, he felt he should be able to build a second story as well. He is keeping the same architectural aspects and has trees that shelter it from other lots. He showed a model of how the house would look after it was expanded. He described the plan and noted there are no windows on the side of the expansion, so privacy should not be an issue. He showed pictures of the nine two-story homes in the neighborhood. He said he had asked his architect to design a plan for expansion that did not include a second story. That was very difficult because of the slope of his lot and other considerations. The best option was for the second story. He agreed the charm of the neighborhood must be maintained, but he did not think the design of his house would harm that. He was willing to compromise, but felt that was a two-way street and he has not heard anything fi.om his neighbors. It seems anything that goes up is unacceptable. He felt the Code permits the second story and the design is in harmony with the neighborhood. Currently there is a ratio of one two-story house for every nine lots in Rosepointe. If his expansion were approved, the ratio would be one to 6.2, which is not a massive change to the character of the neighborhood. He asked Council to approve his application. Steve Grider, 3105 Catawba Court, supported homeowners wishing to build additions to existing residences and adding to their quality of life, including the Siners and Croftons. He had the same goal when he and his wife bought a property with a lot size and house suitable for adding an addition. They developed plans which met the rules for his property and the application was appealed to Council by his neighbors. The neighbors established the rules under which his addition could be built and the City staff supported the neighbors. He appealed to Council to change the process which has empowered the neighbors to define the rules governing additions. He wanted Council to set the regulations and stick to them. His property was zoned with a 30 foot height limit and his plans were for 26.6 foot. The neighbors appealed that and he Pleasanton City Council 11 07/15/03 Minutes