16 - Laserfiche WebLink

Zarina Kiziloglu, P15-0037 Page Two March 10, 2015 4. All appropriate City permits shall be obtained prior to the construction of the additions. 5. All conditions of approval for this case shall be reprinted and included as a plan sheet(s)with the building permit plan check sets submitted for review and approval. At all times,these conditions of approval shall be on all grading and construction plans kept on the project site. 6. A restrictive covenant shall be recorded against the lot with the Alameda County Recorder's Office prior to issuance of a Building Permit. The restrictive covenant shall be subject to the review and approval by the City Attorney prior to recordation. The purpose of this restrictive covenant is to provide a vegetative barrier that will restrict views from the new balcony and addition into the back yard of the residence located at 5204 Hummingbird Road. Accordingly,the restrictive covenant shall contain the following language: a. The existing Mulberry tree along the western property line of 5196 Hummingbird Road shall be retained for the purpose of providing screening from the proposed addition and balcony. If the tree dies, Owners(or subsequent owners of the Property) shall promptly replace the tree with a similar species which shall be at least 24-inch box size. b. Four new Thuja Emerald Green trees, minimum 24-inch box size(anticipated to grow to a maximum height of 40 to 50 feet), shall be planted in the location specified and retained for the purpose of providing screening from the proposed addition and balcony. If the tree(s)die(s), Owners(or subsequent owners of the Property) shall promptly replace the tree with a similar species, which shall be at least 24-inch box size. c. The mulberry tree referenced in item a above and the new tree referenced in item b above shall be located as shown in the drawings attached as Exhibit A which is incorporated herein. 7. To the extent permitted by law,the project applicant shall defend(with counsel reasonably acceptable to the City), indemnify, and hold harmless the City, its City Council, its officers, boards, commissions, employees, and agents from and against any claim (including claims for attorney fees), action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void the approval of the project or any permit authorized hereby for the project, including (without limitation)reimbursing the City its attorney fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice. You may apply for a building permit after completion of the Administrative Design Review procedure's appeal period or, if you wish to apply for a building permit before the end of the appeal period, upon submittal of a signed Waiver Form to the Planning Division. The waiver acknowledges that plan check fees may be forfeited in the event that the approval is overturned or the design is significantly changed as a result of an appeal. In no case will a building permit be issued before the end of the appeal period.