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approved PUDs. The Planning Commission recommendation appears to be contrary to that. He believed the staff recommendation was not to change approved PUDs. Mr. Swirl said that was basically correct. The Lemoine PUD is approved, has a tentative map and is vested. These roles only apply the intent of the guidelines. Mayor Tarver asked if the Planning Commission was informed of the significance of staying with the 1999 date. Mr. Swirl did not think so. He believed the Planning Commission felt that if properties were approved for development between 1990 and whatever the effective date of this ordinance, that there were certain standards to be used because of the overlay district and those should not disappear because more restrictive rules are subsequently adopted. However, in every case where there has been a subdivision between 1990 and the year 2000, the application of the overlay district regulations have been applicable to the subdivisions, so in effect they have been implemented during that time. The only thing left are the lots not yet developed and the intent of the new guidelines would be applied. Mr. Rowe believed the Planning Commission' s intent then was the same as staff that an approved PUD would stay in place. Mr. Swirl said that was correct. Tom Boock, 45543 Parkmeadow Court, Fremont, indicated he had purchased property at 8053 Bethel Lane. He inquired ifPUD-88-16 was still in effect. A year ago almost all those lots were empty. His property is now the last one to be built upon. He assumed the proposed overlay district guidelines would not apply to his property and asked for clarification. Mr. Swirl said if the new guidelines are adopted prior to Mr. Boock's obtaining design approval for his future house, then the spirit of the new guidelines would apply. If he brings his plans in sooner, then the spirit of the current overlay district guidelines would apply. But the standards of either guideline do not apply at all because it is a pre- existing lot of record. The setbacks, floor area ratio rules, height, etc. do not apply. However regarding the design of the house, the color, etc., staff would try to meet the spirit of the guidelines. Mayor Tarver said these guidelines apply to the extent that the property owner agrees to the reasons staff is requesting certain things. Ms. Michelotti felt Mr. Boock would be in the same situation as the Nelsons. Mayor Tarver said that was not the case. The difference is the Nelsons made an application, staff applied the spirit of the overlay and they agreed to the staffs color. Then they chose to change that. Pleasanton City Council 24 04/04/00 Minutes