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He added that it is not his intent to just do what he wants and ignore his neighbors or staff. Commissioner O'Connor requested confirmation from staff that Mr. Iserson's direction to Mr. Jeffrey in January 2008 that he could proceed included both the pool and the retaining wall. Ms. Amos confirmed that was correct. She added that the applicant went ahead with the pool and did not work on the retaining wall until later in the year. She reiterated that no permit is required for afour-foot tall retaining wall but that Mr. Jeffrey did receive one from the Building and Safety Division. Commissioner O'Connor noted that one letter asking Mr. Jeffrey to stop work was dated August 8, 2008 and asked Mr. Jeffrey if he received that letter. Mr. Jeffrey confirmed that he did receive it but that he understood from his conversations with Ms. Amos and Mr. Dolan that this was not an order to stop work but a notice that if he did move forward, he would be responsible for possibly removing what had been installed should the final resolution be different from what he had installed. Ms. Amos confirmed that whether the work involved installing landscaping or grading, the applicant, should he choose to move forward after receiving a work order to cease, would be doing so at his own risk, knowing he may later have to change the work done. Commissioner Fox referred to the timeline, noting that in January 2008, Mr. Iserson had indicated that the pool construction and excavation could move forward, and that soon thereafter, staff reviewed historical information and found that re-grading applications were required to go to City Council. She noted further that on page 2 of the staff report, it reads: "... Mr. Iserson made a determination to process the grading and landscape buffer at the Zoning Administrator level." She inquired how, given that staff found that the re-grading application required City Council approval, the Planning Director was authorized or able to actually allow this to proceed at a staff level. Chair Blank directed that the Commission ask questions to the applicant first and then to stafflater. In response to Chair Blank's inquiry regarding who produced the Exhibit A and if he were an architect, Mr. Jeffrey replied that he prepared the Exhibit A and that he was not an architect. Chair Blank then suggested to Mr. Jeffrey that, if he did not get a copy of his CC&R's when he bought the property, he see an attorney or check the large packet of documents he received when he purchased his home and which should include the CC&R's. Kathy Schoendienst, a neighbor of the Johnstons, indicated that she supported the appeal. She stated that she was present when the shrubbery was removed and confirmed that the Johntons' privacy was substantially removed. She noted that the Johnstons notified Mr. Jeffrey from the very first day that there were restrictions on his property. She added that the Johnstons had contacted the City and made countless efforts to halt the project; they did everything they were asked to do and watched EXCERPTS: PLANNING COMMISSION MINUTES, September 10, 2008 Page 14 of 25