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Ms. Michelotti felt Mr. Boock was part of an approved PUD that was in existence before the first overlay district was adopted. So his development was pre-existing and would only have to comply with the spirit of the overlay. Mr. Swift is now saying the design of the house will comply with the spirit of whatever is adopted at this time. The standards of the original PUD apply. Mayor Tarver reiterated that Mr. Boock would submit a house plan for design review. Staff will apply the spirit of whatever guidelines are adopted and the ultimate question is whether he agrees to that. If he does not agree, then Mr. Boock can appeal the staff decision. Mr. Pico asked about the limit to 4500 square feet for the house size. Mr. Swift said that did not apply as law, it is just an iraera. On this particular lot, it is very difficult to build a single story house. Mr. Boock asked if he could bring in preliminary design to get staff guidance and would there be any changes in the guidelines between now and Christmas. Mayor Tarver said he could do that and reiterated staff can provide guidance as to the spirit of the guidelines. Pedro Flores, 5130 Foothill Road, indicated the Nelsons had tried to meet the spirit of the guidelines even though their lot pre-existed the guidelines. Yet staff tried to hold them to new guidelines and rules. This is about dictating rules. He did not think Cotmoil cared whether people submitted to the rules, because it does not bend. He believed his only recourse was through the court system. If he felt he was being treated unfairly, he would not fail to use the courts. He believed the new guidelines were a personal attack on his property rights. Council is regulating too closely and he felt it should step back and see why these guidelines are being required. The Ruby Hill plan seems to have worked. He felt Council was reacting to imaginary problems. There are other problems with housing, schools, roads, growth, social services, the reverse osmosis situation, the Berual property, etc. No one is complaining about development in the Foothill area. The public is not complaining. There are only 100 lots left to develop. There are 600 homes in five linear miles; why worry about the last 100 homes in that five mile area. He believed these new guidelines will force existing homeowners to conform any time they want to remodel or change their home. Does Council really want single story, flat, mobilehome-like houses in the area? That will be the style legacy that is left for the future. He felt people fifty years from now will object to this. This is the creation of a police state for color, style, and architecture. Whose aesthetics are being applied? He did not think micromanaging like this would work. If broad guidelines are allowed, people will conform because it is in their best interests to increase their property values. He urged Cotmcil not to adopt these new guidelines. He then pointed out that the new guidelines encourage a home to fit in with the surrounding homes and said the Nelson's Pleasanton City Council 25 04/04/00 Minutes