16 - Laserfiche WebLink

7. 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 trees referenced in item b above shall be located as shown in the drawings attached as Exhibit A which is incorporated herein. Pursuant to part b of this condition of approval, the Kiziloglus installed the four new trees prior to the Planning Commission hearing. The new trees can be seen in Figures 3 and 4 below. Figure 3 shows the new trees as viewed from ground level of the Kiziloglus backyard facing the Cummings property while Figure 4 shows the new trees as viewed from one of the Kiziloglus' upstairs bedrooms looking toward the Cummings property. The Planning Commission also considered the Zoning Administrator's conditions of approval as part of its determination, including Condition of Approval #7 (Attachment 4). Staff notes the language within the condition references mitigating privacy concerns related to the addition portion of the proposed project and not just the balcony. The Planning Commission elected to maintain this condition in its entirety to mitigate the Cummings' concerns related to privacy that are associated with the project in its entirety. Subsequent to the Planning Commission determination, staff met and spoke with the Cummings on multiple occasions to verify that they desired the requested plantings and vegetative screen to mitigate privacy concerns despite the balcony denial. Therefore, staff also supports and recommends maintaining this condition in its current form regardless of whether the proposed second-floor balcony is ultimately approved. However, should the Council deny the Kiziloglus' appeal and uphold the Planning Commission determination, staff recommends that Condition of Approval #7 (Attachment 4) be revised to remove all references to the balcony. Page 7 of 10