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<br />It was moved by Mr. Brozosky, seconded by Ms. McGovern, to introduce <br />Ordinance 1931, an ordinance modifying Permit Parking Zone Ordinance 1376 to <br />eliminate time restrictions and allow for limited term parking in the permit parking zone. <br /> <br />The roll call vote was taken as follows: <br />AYES: Councilmembers - Brozosky, McGovern, Sullivan, and Mayor Hosterman <br />NOES: None <br />ABSENT: Council member Thorne <br />ABSTAINED: None <br /> <br />6c <br />PAP-89 (PUD-85-01-4M). Heinrich Fischer (SR 06:020) <br />Appeal of the Planning Commission's denial of an application for a major modification to an <br />approved PUD to allow a retractable canvas awning at the rear of an existing residence located <br />at 1576 Poppybank Court. Zoning for the property is PUD-MDR (Planned Unit Development- <br />Medium Density Residential) District. <br /> <br />Mr. Iserson presented the staff report. <br /> <br />Mayor Hosterman said it appeared from what staff had mentioned in its report, the <br />dimensions of the green canvass patio overhang were within the dimensions set out by the <br />Rosepark Homeowners Association (HOA). <br /> <br />Mr. Iserson said that was correct and the green canvass patio overhang was smaller <br />than what would be allowed if it were considered a patio cover in the HOA guidelines. <br /> <br />Mayor Hosterman believed the issue was that the HOA had a practice of only approving <br />lattice wood patio covers. <br /> <br />Mr. Iserson said it seemed to be one of the major issues and the HOA did not support <br />the material of a retractable canvass awning. <br /> <br />If Council changed the PUD to allow a retractable canvass awning and the HOA <br />guidelines did not allow it, Mr. Sullivan asked if it would still not be allowed. <br /> <br />Mr. Iserson said it would become a civil matter and the City has the opportunity to either <br />approve the PUD or not approve it by its procedure, which is to modify the PUD. There would <br />be an issue between the property owner and the Rosepark HOA regarding its own private <br />CC&Rs, which the City does not enforce. <br /> <br />Mr. Sullivan believed it seemed like an end run around the CC&Rs. <br /> <br />Mr. Iserson said it was one of the steps the applicant must fulfill and in order to meet the <br />City's legal requirements, the applicant needed to obtain the PUD modification. The other step <br />would be for the applicant to deal with the HOA and the CC&R issue as a second step. <br /> <br />Mr. Sullivan asked if the actual CC&Rs stated that canvass awnings were prohibited or <br />was it the determination of the Rosepark Board of Directors as mentioned in Exhibit H where it <br /> <br />Pleasanton City Council <br />Minutes <br /> <br />9 <br /> <br />01/03106 <br />