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noted that buyers who had lived or worked in Pleasanton for the last two years would be considered $rst for the nonsubsidizcd, aFFordable-by-design units- Dr_ Howard Wax, 3831 Vine Street, noted that he had submitted an email on ibis item and added. that he was president of the Homeowners Association in Birch Cheek. He believed this plan looked very nice- He expressed concern about traffic going down the hill £rorri Vineyard Avenue to Birch CJrcek and exceeding the speed limit. He would like the traft3c to be slowed in that area and. was concerned about possible injury to children and fanilies_ He suggested that lane dividers such as those used at ValleyCare be used. He expressed concern about overflow parking from off-site drivers_ THE PUBLIC HEARING WAS CLOSED_ Acting Chair Arkin believed it was important to ensure that the homeowners park in their garage and inquired about the C_ity's role in enfbrci ng the CCR~Rs_ Ms_ Nerland advised that language be included in the C:CBcRs, which was not uncommon, that the City has the right but not the obligation to enforce certain or all of the provisions in the CCBcRs_ Practically, the issue is who would enforce the CCBt.Rs, and the City was not staffed to handle those duties. The G'ity would look to the HOA to take care of its own business. The City generally did not want the HOA to have an expectation that the City would enforce the CCBc.Rs, and language is placed in CC78r.Rs to take care of the egregious public health and safety issue, not smaller aesthetic issues. In respon sc to an inquiry by Commissioner Roberts what would happen if a resident owned three cars and whether the I-IOA could restrict ownership of vehicles, Ms. Noland confirmed that the CCBc Rs could contain that restriction, but, again, it becomes an enforcement issue- With respect to the density and number o£ affordable housing units on page 3 0£ the staff report, Commissioner Fox believed they were adequate. She could not see how more units could be added to the site and wanted to ensure the complex was internally consistent. Acting Chair Arkin agreed with Commissioner Fox's assessment, as did Commissioner Blank and Corr~rr~issioncr Roberts- Commissioner Roberts believed the density and number niay need to be raduccd_ With respect to the questions on page 4 of the staff report, Commissioner Pearce believed there should be a tot lot- Commissioner Fox agreed that there should be a tot lot, and Acting Chair Arkin agreed as well. CJommissioner Fox believed it was important that families not be required to cross the street to play at the tot lot and suggested that staff examine whether the tot lot could be moved to the focal point o£the complex or to the arroyo against the green space to avoid uoise impacts on the neighbors. She suggested that two or three more guest parking spaces could be gained. PLANNING COMMISSION MINiJTES October 26, 2005 Page 10 0£ 14