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Ms. Santiago stated they had a neighborhood meeting without the City to try to come to an <br />agreement and that the neighbors did not have an issue with the grading or retaining walls. <br />Ms. Decker asked if there were any objections to the construction hour condition. <br />Mr. Chen stated that he works from home and that the construction would impact him everyday. <br />Mr. Decker asked about Saturday construction. <br />Mr. Chen stated Saturday would be even worse. <br />Mr. Nguyen explained that he works from home on the weekend and that weekend construction <br />would impact his work. <br />Ms. Santiago mentioned that the majority of the homeowners are in the midst of construction and <br />many construction crews are working on the weekend. She stated that if one homeowner was not <br />allowed to work on weekends, then the HOA would have to not allow construction on the weekend <br />for all homeowners. She indicated that some homeowners want to be home to supervise <br />construction, so they only schedule construction on the weekends. <br />Mr. Nguyen asked Mr. Bawa if he was still on the Homeowners Association Board of Directors. <br />Mr. Bawa stated he was on the board of directors, but not on the architectural committee, which was <br />the body that reviewed this project. He stated that he had no input on the project when it was <br />reviewed by the architectural committee. <br />Mr. Bawa thanked everyone for their time and expressed that the process was long but fair and that <br />he was looking forward to getting started on the project sometime soon. <br />The Public hearing was closed. <br />Ms. Decker clarified how Planned Unit Developments operate and how the CC&R's operate and <br />that PUD guidelines are adopted by the City Council by ordinance. The CC&R's many times echo <br />the PUD guidelines and then sometimes adds minor conditions. She explained that the City of <br />Pleasanton does not have jurisdiction or govern over the CC&R's. <br />Ms. Decker thanked everyone for all their efforts in working towards a solution to this project. <br />She mentioned that the City of Pleasanton strongly supports communication among neighbors. She <br />stated that the City feels it is important to have conversations early on in the process to work out <br />differences and that this has been a successful process. She acknowledged the tremendous amount <br />of outreach done on this project. <br />Ms. Decker explained the Second Unit State law to clear up any misunderstanding regarding State <br />versus local government. She stated that State law does not allow a City to prohibit second units. <br />She stated the City can regulate the criteria as far as restrictions regarding subdividing or selling the <br />second unit only. She noted that the City of Pleasanton requires that one of the units be owner <br />occupied. <br />Minutes: PUD-99-9-2M/PADR-1762 Page 4 January 22, 2008 <br />