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Councilmember Sullivan accepted the added conditions into his original motion. Councilmember Thorne seconded the motion and said while a better job should have been done upfront; staff will be addressing changes in the future. He thinks the Planning Commission did a good job in conditioning the project. He said he met with Mr. Jeffrey who voiced concern with the height of the fence, as the CC&R's prohibit him from going to the 8 foot fence, which would not be possible. City Manager Fialho confirmed the setback would remain at 35 feet, and that a "landscape contractor" could be substituted as long as neighbors are noticed. City Attorney Roush suggested that the neighbors not be given ultimate veto power on the landscape plans, but that their concerns be addressed and that staff would have the final review and approval authority. He suggested the wording be stated to read, "Staff would provide the plans to neighbors for review and comment, incorporate their comments and concerns into the final plan for staff's final review and approval." Mayor Hosterman said these sorts of projects are difficult, thinks the Council has done a good job in addressing the issues for the Johnston and Lam family and she supported the motion. She believed it was important that given the Jeffrey's improvements to their backyard, that the City do everything it can to protect the Lam and Johnston families. Motion: It was m/s by Sullivan/Thorne to adopt Resolution No. 08-250 denying Case PAP-127, and amending the conditions of the Planning Commission approval of PAP-123, the appeal of Greg and Lisa Johnston of the Zoning Administrator's approval of Steven Jeffrey's application for Design Review approval, as filed under Case PDR-715 subject to the following conditions: Condition 1: "Re-grading of this parcel is not allowed without Planning Commission or City Council approval, consistent with the original approval of Tract 5835." Condition 2: Change "landscape architect" to "landscape contractor", and change condition to read, "Prior to submitting the landscape plans to City staff, property owners will need to secure consent from the rear neighbors as to the landscaping plan." Condition 6: "Any above-ground lights will be designed in a manner to emit low lighting with downward placement so as not to affect evening sky or adjacent neighbors." Condition 4: Ensure the berm covered the southwest corner. Condition 7: "In selecting 15-gallon versus 24-gallon inch box trees, the Director will strive to achieve the canopy of trees that restores the original privacy of the rear and adjacent neighbors within a two to three year period." New Condition: "If the project produces any drainage problems in the future, the property owner shall be responsible for repairing hill stability consistent with the general requirements set forth by the Building and Safety Division of the City of Pleasanton." Motion passed by the following vote: Ayes: Councilmembers Cook-Kallio, McGovern, Sullivan, Thorne, Mayor Hosterman Noes: None Absent: None City Council Minutes 14 December 2, 2008