CCMIN040400 - Laserfiche WebLink

homes is a small element of design. The Planning Commission did not forbid white trim, but discouraged it. Mayor Tarver supported Ms. Michelotti's request for pictures of homes that do or do not meet the guidelines. Requests were made to include pictures of houses in Moller Ranch and the Nelson house. Ms. Michelotti wanted a picture of the house in Moller Ranch that meets the guidelines that is on the first tier from the entrance and has green shutters on it. Mr. Cannon said value guides would be given to Councilmembers so they could look at the area as they are out driving around. Mayor Tarver declared the public hearing open and reiterated that no decision would be made at this meeting. Neil Nelson, 8088 Bethel Lane, expressed concern about the implications of the West Foothill Road Corridor Overlay District requirements. At the last Planning Commission he artended, a Commissioner asked if a color were not allowed on Foothill Road why would it be allowed on Vineyard Avenue. Mr. Nelson said his lot was a pre- existing lot of record and was exempt from the Ove~ay District, yet the Council found he had to meet the new Code requirements. He referred to the area south of the Golden Eagle Estates entrance and stated there is an original adobe farmhouse with a roof pitch of 6.75-12. Under the new ordinance, that house could not be built. Yet that is part of Pleasanton's history. It is stucco, has white trim and exceeds the 6.5 roof pitch elements in the new Code, which is supposed to maintain the rural, aesthetic values of the area. That is unacceptable to him. The City would become so restrictive in its zoning ordinances that it takes away property owners' personal right to choose architectural styles. He referred to a document he got on the Intemet from the Governor's Office of Planning and Research and is entitled "The Planning Commissioner's Book - Part 2." He quoted from the book regarding the police power of local government which should be exercised in a reasonable manner to protect public health, safety and welfare and not preempted by federal or state law. It also stated Constitutional guarantees of equal protection, free speech, due process and just compensation for the taking of private property, all of which define the boundaries of the police power. An illegal taking may occur as a result of either public acquisition of private property without just compensation or of excessively restrictive land use regulations that deprive a property owner of all uses of his land. Mr. Nelson said there are other ridgelines in Pleasanton such as Ruby Hill. There are other property owners that are not being restricted. He felt there were many property owners that had plans to build a French country or English Tudor style and Council was banning the traditional architectural style of the California mission. He said there are only 100 homes left to be built and to deny the property owners personal preferences in architectural styles and colors is not conducive to building a community rich in character. It does not reflect the diverse variety of personal styles and backgrounds. He urged Council to stop the restrictive regulations. Pleasanton City Council 20 04/04/00 Minutes