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THE CITY OF <br />,: <br />L ~ ~ S~4N TON:, <br />August 13, 2007 <br />Mitch Pereira <br />Railroad Square Partners <br />55 West Angela St. <br />Pleasanton, CA 94566 <br />Re: Red Bear Property Request for Enforcement <br />Dear Mr. Pereira: <br />Thank you for your letter dated August 9, 2007. I understand your perspective regarding the wall that <br />you constructed as owner of Pleasanton Station and Railroad Square between your property and the <br />Hap's Restaurant site and the issues leading up to and resulting from it. I appreciate your cooperation <br />in trying to bring about a solution with Mike Madden, owner of the Hap's Restaurant property, and the <br />City. It is regrettable that the situation with the wall could not have been resolved informally. <br />However, as you know, Mike Madden has requested that the City take enforcement action concerning <br />the wall. <br />You believe that the wall is legal as a result of staff signing off the wall plan on the building permit <br />plans for your new building at 55 West Angela Street. I regret that this occurred in that we have since <br />determined that the City did not follow the correct procedure with regard to approving the wall. The <br />wall represents a change to an existing PUD development plan and, therefore, should have been <br />subject to the PUD modification process as outlined in Section 18.68.080 of the Municipal Code. <br />Since the correct process was not followed, the City is now obligated to correct its procedural error <br />and process it as a PUD Major Modification. This will require public hearings before the Planning <br />Commission and the City Council, with the result that the Ciry Council may approve the wall, approve <br />it with conditions, or deny the wall. <br />We will be scheduling the PUD Modification on a forthcoming Planning Commission agenda. We <br />will inform you of the hearing date when it is determined. <br />Sinc rel <br />Nelson Fialho <br />City Manager <br />c: Mayor and City Council <br />erry Iserson, Planning Director <br />Michael Roush, City Attorney <br />P. O. Box 520, Pleasanton, CA 94566-0802 <br />City Manager City Attorney <br />(925) 931-5002 (925) 931-5015 <br />Fax: 931-5482 Fax: 931-5482 <br />~~;~ ~~~ <br />BUG 1 5 200 <br />~F PLEAS~,1 <br />ANNIfVG SEPT. <br />123 Main Street <br />Economic Development City Clerk <br />157 Main Street (925) 931-5027 <br />(925) 931-5038 Fax: 931-5488 <br />Fax: 931-5476 <br />