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Option 4: Require the applicants to maintain the required 10-foot side yard setback and the required 20-foot rear yard setback. During the Planning Commission hearing, Mr. Besso spoke in opposition to the project as proposed by the applicant (i.e., reducing the rear yard setback to 5 feet). Mr. Besso stated that he did not object to the Spencers having a pool but felt that a 10-foot rear yard setback would be acceptable. Therefore, he was in support of Option 2 so long as the drainage of the pool could be adequately addressed and inspected by the City during the construction of the pool. Mr. Besso also stated that he would like to see the spa relocated to the southeast side of the pool and closer to the Spencers' home for privacy purposes. After receiving public testimony, the Commission discussed the proposal and recommended the following changes for the Council's consideration: • The side yard setback shall be reduced from the required 10 feet to 5 feet, and the rear yard setback shall be reduced from the required 20 feet to 10 feet; and The applicant shall submit a grading and drainage plan that provides detailed information regarding materials to be used to retain and provide positive drainage, subject to the review and approval of the Director of Planning and Community Development Department prior to the issuance of a building permit. DISCUSSION The applicant did not initially agree with the outcome of the hearing; however, he has since re-evaluated the recommendation and has agreed to the Planning Commission's recommendation and the conditions of approval presented before the Council in Attachment 1. The Spencers and the Bessos have signed agreement forms stating their support for the Commission's recommendation (Attachment 6), and, therefore, staff believes all outstanding issues have been addressed. PUBLIC NOTICE Notice regarding the proposed project and related City Council public hearing was mailed to the surrounding property owners and tenants within 1,000 feet of the subject property and was also published in the local newspaper. Staff has not received comments from any of the adjacent property owners, tenants, or Pleasanton residents. ENVIRONMENTAL ASSESSMENT Pursuant to the California Environmental Quality Act (CEQA), the construction and location of accessory structures including garages, carports, patios, swimming pools, and fences are categorically exempt (Section 15303 Class 3 (E)) from the requirements of CEQA. Therefore, no environmental document accompanies this report. Page 6 of 7