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the environment? He did not find the color objectionable. He felt waiting two or three weeks while <br />the Guidelines were reviewed would not hurt the situation. He was disturbed that the Nelsons were <br />being denied occupancy because of the color. He could see denial if there was a structural problem. <br />He has seen many illegal structures that are allowed to stand because the neighbors do not <br />complain. He would like the City to grant the occupancy permit and the tolling agreement. <br /> <br /> Ms. Michelotti asked when the Planning Commission would address the Guidelines. <br /> Brian Swift said the process would take several months. <br /> <br /> Mr. Cooper believed staff was working on the draft guidelines that will be subject to a <br />public hearing and then recommendations can be brought before the City Council. He asked <br />Council again to grant occupancy and to avoid going to court. <br /> <br /> Them were no further speakers. <br /> <br /> It was moved by Ms. Ayala, seconded by Mayor Tarver, not to grant entering into the <br />tolling agreement <br /> <br /> Mayor Tarver said the intent of the West Foothill Overlay District Guidelines is to have the <br />homes not extremely visible. As to the house color, the proper process is to have a public heating, <br />notice anyone who is interested, and discuss the color. The process is not to proceed with <br />something that is not approved by staff and then ask for a waiver. The process is to get the waiver <br />first and then put the color on the house. He said if the palette is changed, that would be the time to <br />deal with the color, but not at this time. <br /> <br /> Ms. Dennis said the issue could be taken up again if the Guidelines are changed. She felt <br />this was a policy issue, not an issue for the court, and the Nelsons will have an opportunity to be <br />heard when the revised Guidelines are before Council. <br /> <br /> Ms. Ayala said all developers, whether it is a big development or a development of one <br />house, agree as to the conditions. The Nelsons have gone against their agreement by occupying the <br />house. They were never given an occupancy permit. She believed this was a principle issue and <br />that people need to be held accountable for what they have agreed to. <br /> <br />Pleasanton City Council 10 02/16/99 <br />Minutes <br /> <br /> <br />