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DRAFT the City could implement, such as the Mills Act, but the Council ultimately decided not to do that. Commissioner Nagler presented an example with a question of what would happen if this amendment is ultimately adopted: A homeowner comes in to apply for design review approval for a modification to one of these 88 homes, and prior to this being implemented, a window was changed out that is a non-original window frame to the house; but the owner is not asking for change to be made to that but some other change to the house. Does this review give staff the opportunity, as part of the approval, to basically require fixes that are not part of the application, particularly in the first ten feet that were previously exempt from review but now subject to review? Mr. Otto replied that staff might suggest it but definitely could not require it. Commissioner Balch added to the scenario: A homeowner has the window changed out to a vinyl window, and the design review requirement now comes down like a curtain. The owner wants to change the stucco or cladding or the exterior siding, and the building inspector comes out and says that the window be changed as well. Does the owner have to prove that the window was done before the design review process? Mr. Beaudin replied that there would be a permit history for windows that were installed with permits and even a window change out would require a building permit. He added that if there was not a building permit on file for the window and it looked like a newer window, the building inspector would definitely ask the question and a conversation would be had about when the window was installed and whether it is consistent. Commissioner Balch commented that there would be no permit if it is the first ten feet. Mr. Beaudin replied that there are two distinct process: a Planning process and a Building and Safety permitting process. He explained that that there would have been no design review process required to change that window, but a building permit would have been required. He then commented on the historic character of the neighborhood in relation to the question from Commissioner Nagler about the value. He noted that there is certainly not a tangible, financial benefit for this kind of regulation, but there is a community character and neighborhood aesthetic for really high quality historic structures in a neighborhood, and people take pride in that. He indicated that there is an intangible value that comes with this, a kind of pride within the neighborhood, a kind of community character and neighborhood preservation of design and policy. Chair Allen stated that the Task Force was formed three years ago because of the recognition that there is a quality of life value that keeps Pleasanton unique. She indicated that she was talking to the manager of the Pleasanton Hotel a few weeks ago, and asked how her business was doing, and the manager replied that it was great and that the surprise to her is that almost every visitor who comes in tells them that they never realized how unique Pleasanton was. She indicated that these are visitors who come to Pleasanton to do work at a business in town, and almost all of them have DRAFT EXCERPT: PLANNING COMMISSION MINUTES, 10/14/2015 Page 13 of 18