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right in front of the Johnstons' property along with the surrounding bushes. He then presented a photo of what the trees look like across the rear portion of the property. Mr. Jeffrey stated that because he originally did not want the three-to-three-foot high berm on top of the wall, he spoke with Ms. Decker and agreed to install cone-foot high berm in the southwest corner, which is what is indicated in the staff report. He noted that he had spent a lot of time and money trying to come up with resolution with the Johnstons, but there is no end in sight and continues on and on. He stated that he feels he has been a good neighbor and understanding to his neighbors and their concerns; he has coordinated with them, discussed the design aspect of his actual backyard; and met their concerns; and he has fulfilled the requirements of the CC&R's and his design intent. Mr. Jeffrey stated that he is completely opposed to any type of restriction on the use of his property because he feels he should be able to use his property as he sees fit and as set forth in the rules governing the City of Pleasanton. With respect to the statements that he moved forward without permission, he noted that after being told not to move forward at all with the pool, he was given permission by the previous project planner to move forward and that he did not receive any type of stop work order for the construction of the retaining wall. He indicated that the only caution he was specifically told was that if he did move forward and some resolution comes up that differs from what he had done, he would be responsible for removing them. He noted, in fact, that the pool has been completed and signed off by the Building and Safety Division, and the retaining wall was also inspected and signed off. He stated that engineering papers were also submitted and should be on file with the Building and Safety Division. He concluded that a City official has come out to his residence to document the fact that the wall was installed as the permit stated at the time it was issued. Commissioner Fox addressed Mr. Jeffrey and noted that the City of Pleasanton had informed him on January 25, 2008 to cease work. She asked him when he was told to continue work and by whom. Mr. Jeffrey replied that approximately two to three weeks after that, he was contacted by the project planner that he could continue to do work. Ms. Amos confirmed that Mr. Iserson had contacted all the parties, including the applicant, to let them know that an agreement had been reached and that Mr. Jeffrey could move forward with the pool permits. In response to Commissioner Fox's inquiry regarding what the applicant was told about the rest of the backyard work, Ms. Amos replied that work in the backyard, including the retaining wall, was part of the approval that was given to him in December 2007. Commissioner Fox asked Mr. Jeffrey if he had a copy of the CC&R's before he applied for his permits. Mr. Jeffrey replied that he did not and that he did not know they even existed. PLANNING COMMISSION MINUTES, September 10, 2008 Page 17 of 33