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385 Mr. Butler indicated that he did not see any problem with installing a pool, especially since the homeowner will improve the actual situation by adding trees. He proposed that Staff rewrite Condition No. 4 specifically addressing the trees along the back property line. It was moved by Mr. Butler, and seconded by Ms. Mohr, that Resolution No. 91-138 be adopted, Z-91-134, the application of Swan Pools/Whitelaw and Debra Wright for design review approval to regrade a portion of an existing lot to accommodate a swimming pool to be located at 2916 Amoroso Court (Tract 5835, Lot 6), as set forth in the Staff Report, provided that Condition No. 4 of the Conditions of Approval be modified to specifically address the replacement of the trees along the back property line. The roll call vote was as follows: AYES: Councilmembers Butler, Mohr, Scribner, Tarver and Mayor Mercer NOES: None ABSENT: None ABSTAIN: None Item 6b Z-91-135, Swan Pools/Ronald and Ruth Bucheqer, Application for Design Review Approval to Reqrade a Portion of an Existinq Lot to AccOmmodate a Swimmin~ Pool to Be Located at 905 Montevino Drive (Tract 5835, Lot 5) (SR 91:334) Mr. Mercer declared the public hearing open on the application. Mr. Joe Vino, representing Swan Pools in Walnut Creek, inquired for future reference what the zoning and Council requirements are for the Vintage Heights subdivision. Mr. Mercer replied that the development of Vintage Heights elicited a great deal of controversy with the adjoining neighbors and that Council approved an agreement between the developer and the existing neighbors that all grading, fencing, decks and pools, and landscaping on the lots that back up to the existing houses in the old subdivision would have to come before the Council for approval. Ms. Mohr added that on the other side of the hill, the subdivision lots that back up to the existing homes also have these restrictions, which are included in the CC&Rs. - 5 - 8-20-91