RES 92204 - Laserfiche WebLink

W~EREAS, Owners in 1990 desired to modify the grading in the rear yard of the Property to create a more useable area; and WT~IREAS, on August 21, 1990, the City Council adopted Resolution No. 90- , conditionally approving the application (Case Z-90-326) of Owners to regrade the rear yard of the Property; and ~, one of the conditions of that approval was that an Agreement be recorded to reflect the various conditions of approval of the application. NOW, TgtEREFORE, in consideration of the mutual promises expressed herein and to carry out the conditions of approval of Case Z-90-326, the parties agree as follows: 1. Owners shall submit to the City Planning Department a plan illustrating any proposed above ground structure (i.e. a trellis, deck, gazebo, shed, etc.) and its location on the Property, prior to construction of such structure. The Planning Department shall notify adjacent property owners of the proposed construction of the structure prior to any action on the submittal. In the event an adjacent property owner asks for a formal hearing concerning the proposed structure, a hearing shall'be scheduled at the next available City Council meeting. In the event no hearing is requested within 7 days following sending of notice, the Zoning Administrator may approve, approve conditionally, or deny the requested application following the guidelines established in Chapter 18.20 of the Pleasanton Municipal Code for Design Review Board approval of new applications. 2. The City has reviewed and approved the existing landscaping at the Property and said landscaping substantially conforms to the landscaping plan dated'and received May 24, 1990, on file with the Planning Department. City accepts all such landscaping as it currently exists and will raise no further objection to it unless the landscaping which creates, or has created, a visual barrier with respect to neighboring, downhill properties is removed. Owners may remove or replace any plant material which has not, or will not, create a visual barrier with respect to a neighboring, downhill property. In the event that any of the plant material on the Property which has created, or will create, a visual barrier with respect to a neighboring downhill property dies, Owners shall within 30 days of the death of the plant material remove any dead plant material and replace it with plant material of the same species, or with any other species of plant material as approved by the Planning Director. , - 2 -