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CITY COUNCIL OF THE CITY OF PLEASANTON <br /> <br /> ALAMEDA COUNTY, CALIFORNIA <br /> <br /> RESOLUTION NO. 99-02 <br /> <br /> RESOLUTION DETERMINING THAT THE APPLIED <br /> STUCCO COLOR OF NElL AND PATRICIA <br /> NELSONS' HOUSE IS NOT CONSISTENT WITH <br /> PRIOR CONDITIONS OF APPROVAL AND DENYING <br /> THE NELSONS' APPEAL FROM THE DECISION OF <br /> THE ZONING ADMINISTRATOR AND OF THE <br /> PLANNING COMMISSION, AS FILED UNDER CASE <br /> AP-98-1S <br /> <br />WHEREAS, Neil and Patricia Nelson own property at 8088 Bethel Lane; and <br /> <br />WHEREAS, in 1996, the Nelsons applied, under Chapter 18.20 of the Pleasanton <br /> Municipal Code, for design review approval to construct on the property <br /> a new, single family, custom home; and <br /> <br />WHEREAS, zoning for the property in 1996 was R-I-40,000 (Single-Family <br /> Residential - 40,000 square foot minimum lot size), West Foothill Road <br /> Corridor Overlay District (Chapter 18.78, Pleasanton Municipal Code); <br /> and <br /> <br />WHEREAS, although the property at the time the Nelsons applied for design review <br /> approval was technically exempt from the requirements of the West <br /> Foothill Road Corridor Overlay District (by reason that the property was <br /> a lot of record when the City adopted that particular Overlay District), the <br /> Overlay District requires that proposed development (on existing lots of <br /> record) shall attempt to comply with the Overlay District regulations; and <br /> <br />WHEREAS, the initial application proposed by the Nelsons did not meet significant <br /> requirements of the Overlay District, including that the house, as <br /> proposed, exceeded the height limits of the Overlay District and used <br /> stucco predominantly, rather than using natural materials; and <br /> <br /> <br />