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Chair Ritter agreed with the concept of limiting the words in the code and matching the State regulations. Commissioner Allen inquired as to which rules would be the standard between the eliminated deed restrictions for the 22 units and the HOA rules. Ms. Clark noted that there were in fact more than 22 deed restricted units — the smaller number just reflected those approved in the last five years or so. Commissioner Balch inquired about CC&R's in a Planned Unit Development (PUD). Assistant City Attorney Julie Harryman explained the legislation, Civil Code, referenced by Mike Carey, indicating that Homeowner's Associations (HOAs) could not have CC&R's restricting ADUs. Commissioner Allen inquired whether an HOA could retain the owner-occupancy requirement even if the City removed it. Ms. Harryman stated she did not think the bill addressed that, but rather than any deed, CC&Rs prohibiting the building of an ADU was prohibited. Commissioner Allen concurred with her colleagues on simplicity but again suggested individual notification to the residential communities of Carlton Oaks and Walnut Hill. Commissioner Balch stated he had seen CC&Rs that were illegal under current State law. He asked why current City notifications would not be sufficient to notify the residential communities of Carlton Oaks and Walnut Hill. Commissioner Allen explained she had thought there were only 22 units that would be impacted before she had all the information and did not think the citizens of Pleasanton were thoroughly informed of the Commission's consideration. She suggested the upcoming notice list the specifics under discussion. Commissioner Balch explained the existing public notification in the Valley Times and expressed concern with limiting notice to specific neighborhoods. Commissioner Allen agreed there might be risk and requested the next public notice in the Valley Times reference the sublevel of discussion. Ms. Harryman explained there were many more than 22 deed restricted ADUs in the City and further explained the legislative bill previously referenced, Civil Code Section 4751, was written in such a way that would make it illegal for HOAs to have an owner occupancy requirement, even though it was not directly stated. Commissioner Pace expressed his agreement with Commissioner Balch regarding the current public notification process, stating it was adequate and separate public notices for different neighborhoods created cost and liability. Commissioner Allen expressed her support of the City's current public noticing standards and requested addition information on the specific language and topics being discussed. She then inquired about the number of deed restricted ADUs in the City. Commissioner Balch explained that there were a large number of ADUs with various kinds of deed restrictions but after the language change in the PMC in 2003 there had only been 22. Ms. Clark further clarified staff estimated 200 ADUs in the City with some sort of owner-occupancy requirement. Commissioner Balch inquired how many were from PUDs with CC&R's and Ms. Clark responded she did not have that data and it would likely require extensive research. Planning Commission Minutes Page 5 of 8 July 8, 2020 suggested allowing a default option for five-foot, opaque windows. Planning Commission Minutes Page 4 of 8 July 8, 2020 se latter comments, Ms. Clark recommended that the Planning Commission receive public comments, discuss the currently proposed draft ordinance, then continue the item to allow staff the opportunity to review the late correspondence and determine if further revisions were necessary. Planning Commission Minutes Page 3 of 8 July 8, 2020