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Commissioner O'Connor stated that he is not opposed to it but he is not in favor of it either. Commissioner Piper stated that does not have any issue with the retail and is fine with it. Commissioner Balch stated that he would like to make a friendly amendment and would like to clarify that amendment. He noted the PDA's concern regarding noise complaints raised by Downtown residents and inquired if there are provisions available that would restrict residents from filing a noise complaint. Mr. Beaudin stated that staff would not try and restrict people's ability to complain but a condition could be added that requires disclosure in the CC &R's or upon signing the rental or the purchase agreement, that the prospective residents are renting or buying in a commercial area. Mr. Weinstein added that there actually is a condition that requires the leases to disclose the fact that the property is located in an area that is subject to noise, activity, and traffic impacts, including a railroad nearby as well as some other things that do not necessarily relate to the Downtown. Commissioner Balch commented that the right to complain about the noise during the business time set cannot be revoked. Commissioner O'Connor stated that this is a Downtown property and does not have the support of the PDA. He indicated that even if in -lieu parking fees are collected, the parking problem for the people on Spring Street who already cannot park on Spring Street is not resolved. He stated that he needs the PDA to support this project and reiterated that the project needs to be self- contained in terms of providing its own parking. He added that he is aware that, as was discussed at the Work Session, this would require removing some of the residential units and reducing it to up to only three units, and making the commercial bigger. He noted that the commercial came out bigger but very little was taken off of the residential, such that 800 square feet was actually added to the entire building. The motion died for lack of a second. Commissioner Piper stated that she is good with the massing and the 30 -foot height, noting that while she does not like the idea of a three -story building, she liked the design and the way it fits in the property, such that it does not feel like a three -story building. She indicated that she was fine with the setback of an additional three feet but would have liked a little bit more than that. With respect to Ms. Olson's comments, Commissioner Piper stated that she totally understands where the PDA is coming from because the Commission gets so many comments about the need for more vitality Downtown and comparing it with Livermore. She noted that the difference between Pleasanton and Livermore is that Pleasanton has these residential units so close to Downtown, while Livermore does not, and, therefore, PLANNING COMMISSION MINUTES, December 9, 2015 Page 29 of 40