08 - Laserfiche WebLink

ATTACHMENT 4 Terry Townsend 147 Old Bernal Avenue Pleasanton,CA I have been a licensed architect for 26 years,with 35 years of experience in the field. Each owner,when they purchase a lot or buy a home in Ruby Hill,agree to follow the CC&Rs and the Architectural Design Guidelines. To date,833 homes have been built by owners who have agreed to follow the rules;that is, until the Reddys chose a different path. Like many other communities within Pleasanton, Ruby Hill has a set of Architectural and Landscape Guidelines and procedures that must be followed. Unlike other communities,the City has delegated compliance authority to the ADC. Any new construction must be submitted, reviewed, and approved by the ADC prior to construction. These procedures and guidelines are in place to maintain uncompromising standards of architectural and landscape quality for the community as a whole and have worked for over 800 homeowners. The CC&Rs and the Design Guidelines prohibit any owner from building a home or other improvement that does not comply with the Final approved Design drawings without the prior written approval of the ADC. During the Reddys Predesign Conference, Mr. Reddy shared sketches and photos that he claimed were inspired by Spain. The ADC did not approve this concept and informed Mr. Reddy that his proposed architectural style"Moorish/ Andalusian" was not consistent with any of the approved styles outlined in the Architectural Guidelines. Mr. Reddy became uncontrollably upset at the Predesign Conference, started yelling obscenities at the Committee and the meeting had to be terminated. The Reddys submitted a final design that conformed to the Monterey/Spanish Eclectic style. For this reason,the ADC approved their Final Design and authorized the Reddys to begin construction on June 30, 2010. Their approval letter clearly stated that colors and materials and landscaping had not been approved at that time. The letter also stated that any deviations or modifications first must receive written approval from the ADC. This is a standard letter sent to all owners in Ruby Hill. On March 6,2012,the Reddys notified the ADC that they had completed construction and wanted a final inspection. At no point from June 30,2010 through March 6, 2012 did the Reddys seek or receive any required written approvals from the ADC for any deviations to their approved plans. On March 18, 2012,on behalf of the ADC, I performed an inspection of the Reddys' residence. Upon inspection, I discovered the Reddys violated the Design Guidelines and the CC&Rs by not obtaining prior written approval to significant changes from the Final Approved Design. The ADC noted 49 items that needed to be corrected to conform to the Final Approved Design. Of those 49 items,the ADC granted variances on several items to accommodate the Reddys. This is consistent with how the ADC treats all owners,with a view toward assisting the Reddys in obtaining their final letter of approval. For example, in working with the Reddys,we granted a height variance for the building because it exceeded the maximum allowed height at Ruby Hill. (At no time during this process, have the Reddys offered a concession.) I can further discuss these additional variances with the Commission, if they wish. The following were deviations from the original approval plans, in '.he interest of mu'_ual compromise, these items were accepted by the AEC: • conversion of ati is space and windows at the 2"'floor over the garage • window revision on bedroom 4 1