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City of Pleasanton
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CITY CLERK
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2011
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081611
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8/10/2011 1:54:51 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
8/16/2011
DESTRUCT DATE
15Y
DOCUMENT NO
25
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VBP and have her send a memo to the City each time this issue comes up so the <br /> Commission will be kept informed. <br /> Commissioner O'Connor commented that he is a member of four associations, two of <br /> which he is the President. He noted that it is fairly easy, if the Association does not <br /> wish to rewrite its CC&R's which usually requires an attorney, to add to or eliminate <br /> from the CC&Rs any use or paragraph by a simple majority vote of the membership, <br /> which would then amend the CC&Rs; for example, if the Association's stand is clear <br /> that it does not want any daycare center or child-based businesses that are clearly <br /> conditionally allowed in the CC&Rs. <br /> Chair Narum stated that the PUD could also be modified. <br /> Commissioner O'Connor clarified that the PUD modification would be from the City's <br /> approval process while this would be an action the Association could take. <br /> Commissioner Blank cautioned regarding providing legal advice to the owners <br /> association regarding the right methodology for them to modify their CC&Rs or PUD <br /> modification. <br /> Commissioner O'Connor clarified that he is not providing legal advice. He noted that <br /> one of the speakers stated that it is very difficult and costly to modify documents, and he <br /> [Commissioner O'Connor] is simply saying that there are other ways to modify the <br /> document. He reiterated that this is different and separate from how the City would <br /> modify its approval process, <br /> Mr. Stone indicated that he would be more than happy to bring this matter of making a <br /> modification before the Park's management association. <br /> Commissioner O'Connor asked staff how expensive it was to do a PUD modification. <br /> Ms. Stern replied that it depend on whether it would be a minor modification, which <br /> would be $100, or a major modification, which would be $2,000. She added that it <br /> would also depend on whether the modification would be processed at the staff, <br /> Planning Commission, or C ty Council level. <br /> Commissioner Blank noted that the City fee may cost only $100, but it would also entail <br /> legal preparation work whici will involve additional costs. <br /> Chair Narum noted that a daycare is conditionally allowed by VBP, and three speakers <br /> representing the Park have expressed concerns about that; however, if an applicant <br /> walks into the City and applies for a daycare, the City would have to process it. <br /> Mr. Stone stated that the City approved the CC&Rs some 20 years ago and inquired if it <br /> would have to come back to the City for approval if it were to be modified. <br /> Chair Narum said yes and clarified that it is part of the process. <br /> EXCERPT: PLANNING COMMISSION MINUTES, JUNE 8, 2011 Page 7 of 15 <br />
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