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Ms. McGovern asked if the Rosepark HOA could have more stringent rules than the City? Mr. Iserson said yes. Ms. McGovern asked if a homeowner when purchasing their property was agreeing to the HOA's stringent rules when they signed the CC&Rs through the escrow process? Mr. Iserson said yes. Ms. McGovern was uncomfortable in approving a modification to the PUD if all of the other homeowners in the Rosepark development had agreed and signed the CC&Rs when they purchased their property. From staff's perspective, Mr. Fialho said the only reason Council would approve the modification to the PUD would be to give Mr. Fischer the ability, procedurally, to make the appeal to the HOA Board of Directors. Ms. McGovern asked if Mr. Fischer could make this appeal to the HOA without Council approving the modification to the PUD? Mr. Fialho said yes, and the applicant has failed several times with the HOA. Mr. Sullivan believed Council would be attempting to trump the HOA's decision. He would prefer for the neighborhood to petition the HOA Board of Directors to allow awnings and not one person. If approved by the Board of Directors, Council could consider modifying the PUD. It was moved by Mr. Brozosky, seconded by Mayor Hosterman, to adopt Resolution 06-002, a resolution denying Case PAP-89, the appeal of Heinrich Fischer, thereby upholding the Planning Commission's denial of the application for a major modification, as filed under PUD-8S-01-4M. Mr. Brozosky advised representatives from the Rosepark HOA Board of Directors that if it wanted to take a vote and change the CC&Rs to allow canvass awnings for the entire Rosepark development and not individual homes, it come back with a recommendation and submit an application to the Planning Commission to modify the PUD. Ms. McGovern said another reason for Council denying the appeal is because of how the awning is attached which is to the eaves underneath the roof. If the HOA is responsible for keeping the exterior of the structure in good order and the cost is borne by them, Council did not have any right to make this change without the Rosepark HOA agreeing to it. Mayor Hosterman said initially the reason she believed the only way Mr. Fischer could proceed was based upon Council approving the modification to the PUD because it would allow him to go back to the HOA Board of Directors for approval. If Council denied the appeal, she believed Council was still providing Mr. Fischer the opportunity to take the issue back to the HOA Board of Directors for its consideration. She encouraged Mr. Fischer to be receptive and review the 1988 revised site development standards to see if there was a way to recreate the language in such a way that would allow individual homeowners the opportunity to exercise their Pleasanton City Council Minutes 16 01/03106