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Resolution No. 99-02 <br />Page 2 <br /> <br />WHEREAS, the Nelsons agreed to mitigate the height of the home and the predominant <br /> use of stucco by darkening the stucco and trim color of the home and by <br /> installing stone on the building elevations, in order to produce a design <br /> that satisfies the intent of the West Foothill Road Corridor Overlay <br /> District and the Design Guidelines issued pursuant thereto; and <br /> <br />WHEREAS, pursuant to that agreement, the Nelsons received design review approval <br /> for the home, subject to certain conditions; and <br /> <br />WHEREAS, one condition of approval specified that the f'mal colors of the home were <br /> to be submitted to the Planning Director for review and approval prior to <br /> the City's issuing a building permit; and <br /> <br />WHEREAS, another condition of approval provided that the exterior elevations of the <br /> house be substantially completed to the satisfaction of the Planning <br /> Director prior to the Nelsons' receiving occupancy for the house, the <br /> intent of such condition being that the house, prior to occupancy, would <br /> appear from Foothill Road substantially as approved, and at a minimum, <br /> the installation of the stone on the building would be installed and that the <br /> exterior color of the house would be a dark earth tone; and <br /> <br />WHEREAS, the Nelsons did not appeal to the Planning Commission or the City <br /> Council any of the conditions of the design review approval and therefore <br /> the two conditions set forth above (i. e., the use of a dark earth tone and <br /> the installation of stone on the building) became conditions that were <br /> required to be satisfied prior to occupancy; and <br /> <br />WHEREAS, prior to the City's issuing to the Nelsons a building permit, the Nelsons <br /> submitted to the Planning Director a revised proposed color board for the <br /> house; and <br /> <br />WHEREAS, the colors on the board darkened the stucco and trim color; and <br /> <br />WHEREAS, the Planning Director approved this color board, and thereafter the City <br /> issued a building permit to the Nelsons; and <br /> <br />WHEREAS, in 1997, the Nelsons, in order to obtain permanent financing, requested <br /> the City to provide to them a temporary occupancy of the house although <br /> at that time certain building code requirements concerning health and <br /> safety had not been met, the stone had not been installed on the building <br /> <br /> <br />