CCMIN010599 - Laserfiche WebLink

feel it meets the conditions of approval and have heard no complaints from the neighbors. She presented signatures of residents in the area who approved of the house color. There being no more speakers, the public hearing was closed. Ms. Dennis asked if the stone needed to be applied before the occupancy permit is issued. Mr. Swift said staff would approve the occupancy permit once the color issue is resolved. Ms. Acosta said the issue of the rock application has been resolved because the City is holding money to guarantee its installation. The money will be held until the rock has been installed. Mr. Pico felt the color was adequate and the Nelsons have met the spirit of the Overlay District. Ms. MicheloUi felt the color is very close to the dry grass color and the house is not very visible from Foothill Road. She just wanted to ensure that the rock application would be completed within one year. It was moved by Mr. Pico, and seconded by Ms. Michelotti, to approve the color of the house as submitted under AP-98-15. Mayor Tarver did not support the motion. He felt Council is treading on dangerous ground when they don't support staff. He felt the conditions of approval should be adhered to and when we have directed staff to do Corridor Overlays and tried to communicate what our vision of the Foothill and West Foothill Road should be and then make an exception, whether you see the house or not should not enter into the discussion. In the same way we had a hearing about what the lot above should do and the conditions of approval regarding turnarounds and setbacks in terms of how it was approved and how we should interpret them, that holds true to this as well. We approved the Nelson's application with conditions of approval and they chose to deviate slightly from that for their own reasons. They did not follow the conditions and now they want to get out of the conditions and keep the house the way it is. He felt conditions should be adhered to. So when someone appeals it and they get no support on the Planning Commission or from staff, I can't do otherwise than to support staff and the Planning Commission. Ms. Ayala said the Council was elected to set policies. This house falls within the Foothill Overlay District. It is clear to her that the applicant does not want a darker color. The applicants do not have an occupancy permit, but yet are living within the house. She believed it would be a mistake to approve this application. Staff was only following Council's direction. Therefore she did not support the motion. Pleasanton City Council 10 01/05/99 Minutes