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the discretionary review items. There are 7 design criteria which relates to how it fits into the neighborhood, compatibility, views are maintained, and others. Ms. Decker presented a series of photographs with views from the appellant's home and of Mr. Bawa's home, the 3 to 1 slope, swimming pool, proposed second unit, story poles, and said staff asked the neighbors close to the project if there were concerns and their answers at the Planning Commission and at the Zoning Administrators hearing were no; they felt the architecture was suited to the location and it was pleasant; however, they did have concerns about the privacy and proximity impacts. Mr. Bawa was asked to possibly move the home closer to his residence, but the majority of the Commission believed it was not appropriate, given the many concessions and revisions already from neighbor concerns and the amount of time taken to do so. Vice Mayor Thorne said there was discussion about moving the unit away from the western property line by 4 feet, and questioned staff's objection to this. Ms. Decker said staff was not opposed to this, but they heard from neighbors the issue was not necessarily moving it 4 feet, but that staff did not have an opportunity to evaluate this or evaluate it at other locations and how it would possibly impact other neighbors. Vice Mayor Thorne believed it did not make sense having windows in the unit but having them blocked by foliage and thought the home would be better served moved back from the property line. Ms. Decker said the windows required in the rear area in the bedroom are required for exiting, egress and ingress. She said both neighbors had concerns with view blockage with foliage. The homeowners association, through CC&R's, have indicated they do not want foliage greater than 12 feet in height so views would not be blocked by other residents, and she confirmed staff was requiring foliage on the western fence line. The Council took a break at 9:42 p.m. and thereafter reconvened the regular meeting at 9:48 p.m. Mayor Hosterman opened the public hearing. Xin Chen, Appellant, asked the Council to review the case with serious consideration of all concerns, did not believe his concerns were seriously considered or reviewed and invited the Council to their backyard to view the impacts. Aman Bawa, owner, said to address Vice Mayor Thorne's comments, the placement of the pool house was done with a lot of considerations in mind given views from the Fineberg's house, which is behind the guest house. They tried to line up the guest house so the majority of anything blocked was already blocked by Mr. Chen's house. They also tried to line the house up so if looking from the court straight across, much of the view is already blocked by their existing home. He said the approval process has been extremely thorough, they submitted the application in September of 2006, have gone through a lengthy process with the homeowners association and the City, and they worked with all neighbors in reducing the plan and making great compromise to meet everyone's needs. The placement of the house is already furthest away from the side yard setback and from a privacy standpoint they took into account landscaping plans and noted the pool's privacy wall. Mr. Bawa said they have waited a long time on the application, the plan will meet the needs of his mother to stay in the home to assist with their 3 year old son who has cerebral palsy who could have used the backyard for the last two years for therapy, as well as serve a long term City Council Minutes 11 May 6, 2008