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The roll call vote was taken as follows: AYES: Councilmembers -McGovern, Sullivan, and Mayor Hoeterman NOES: None ABSENT: None RECUSED DUE TO A CONFLICT OF INTEREST: Councilmember Brozosky ABSTAIN: None 6_~c PUD-99-1-3M1 Phil Rowe for Alameda New Communities. (SR 05:132) Application for Planned Unit Development major modification to allow solid fencing along the side and/or rear yard property lines of 4462 and 4476 Tosca Court; 8012, 8015, 8024, 8031, and 8045 Oak Creek Drive; and 4526 and 4538 River Rock Hill Road, all located in the Westridge Subdivision (formerly the Lemoine property). Zoning for the property is PUD- RDR/LDR (Planned Unit Development - Rural Density Residential/Low Density Residential) District. Jerry Iserson, Director of Planning and Community Development, presented the staff report. Mayor Hosterman declared the public hearing open. Phil Rowe, applicant, said that he was aware of the West Foothill Road Corridor Overlay District requirements and wanted to honor these principles. The applicant asked for internal fences where there was an impact between neighbors. The buyers of the ten homes sold have signed an acknowledgement agreeing and supporting the fence project. He pointed out that the majority of the property owners have moved into their homes and would like to begin and complete the construction of the fences. He asked if it was possible, at the applicant's risk, to install the fencing if the project was approved this evening rather than wait until 30 days after the adoption of the ordinance. Mr. Roush indicated that a second reading of this ordinance would be held at Council's meeting of June 21 and the PUD ordinance would not go into effect until 30 days thereafter. Normally, with these types of situations, the City waits until the ordinance goes into effect before issuing any appropriate permits. If Council is inclined, staff could develop an agreement with the property owner to allow the construction of the fences prior to the effective date of the ordinance if the applicant agrees to remove the fences if the ordinance does not become effective. Mayor Hosterman closed the public hearing. It was moved by Mr. Sullivan, seconded by Ms. McGovern, to introduce Ordinance 1918, an ordinance approving the application of Alameda New Communities for Planned Unit Development major modifications, as filed under Case PUD-99-1-3M, and allowing construction of the fences prior to the effective date of the ordinance if the applicant agrees to remove the fences if the ordinance does not become effective. Mr. Sullivan noted that the Planning Commission spent a large amount of time on this project. He appreciated the applicant's efforts to work with staff, the Planning Commission and City Council to adhere to the West Foothill Road Corridor Overlay District Guidelines. He asked if the whip snake fence had been removed? Pleasanton City Council 7 06/07/05 Minutes