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October 2006, Mr. Babbitt came before the Planning Commission with an application for a major modification to replace the existing design guidelines, which were for production homes, with the design guidelines for the Heartwood Communities, which are for custom homes. He noted that the Planning Commission then recommended approval of the major modification to the City Council. Mr. Briggs continued that in December 2006, a staff report signed by the Director of Planning and Community Development, the Director of Finance, and the City Manager was presented to the City Council stating that Mr. Babbitt was requesting the same major modification to replace the production homes guidelines with the custom home design guidelines and that these guidelines would supersede the approved production home guidelines. He added that later in the report, there is further discussion that staff believed that the proposed front-yard setback of 30 feet, although five feet less than what is specified in the North Sycamore Specific Plan, would be mitigated with the use of custom designed homes instead of production homes. Mr. Briggs stated that he finds it hard to believe that staff, who wrote the documents, is now totally changing its position and saying production homes can be built in Serenity. He added that the Minutes for the October 2006 Planning Commission meeting reflect Mr. Babbitt as noting that the lots had been intended for a tract division but that he had turned them into a custom lot subdivision. He indicated that with all the documents he has presented, one can only come to the conclusion that Serenity is a custom-home development. He added that in his thinking, when one reads the term, “custom lot” or “custom home site,” it means a lot where a custom home will be built. Mr. Briggs noted that Mr. Dolan raised the point that he thinks the Ponderosa Homes are “custom enough,” thereby implicitly indicating that they are not true custom homes and conceding that they are really dressed-up production homes. He indicated that this is not what was intended for Serenity because these homes are being built in a production home development in another part of Pleasanton, as cited in a memo referring to the homes as production homes. He stated that in his view, a custom home is one that is built on a purchased lot which has been reviewed by an architect or designer, taking into account what the homeowner wants, and envisioned based upon the design of the homeowner. He stated that it is not a floor plan that is taken off the shelf and put on the lot without consideration of views or the shape of the lot; a process that is far different than a production home development process. Pamela Hardy, Ponderosa Homes, stated that she did not want to repeat her th presentation at the February 24 meeting and added that Ponderosa has reviewed and evaluated the information and materials the appellants have compiled. She indicated that she respectfully disagrees with the appellants’ view, stating that the documentation cited would preclude construction of the homes presented to the Commission this evening on the basis of whether or not it meets a definition of what is a custom, production or semi-custom, or other definition. She noted that they look to the requirements of the City ordinance which does not specifically preclude the use of production homes or require that custom homes be built on the lots. PLANNING COMMISSION MINUTES, March 10, 2010 Page 4 of 25