13 - Laserfiche WebLink

THE CITY OF 13 CITY COUNCIL AGENDA REPORT pL£ASANTONo July 20, 2010 Law Department TITLE: PDR -715, STEVE JEFFREY, APPLICANT, CONSIDER MODIFICATION OF CONDITIONS OF APPROVAL FOR PDR -715, A DESIGN REVIEW PERMIT FOR EXISTING REAR YARD IMPROVEMENTS AT THE RESIDENCE AT 927 MONTEVINO DRIVE SUMMARY On December 2, 2008, acting on an appeal from a decision of the Planning Commission, the City Council adopted Resolution 08 -250 and approved Mr. Jeffrey's Design Review application (PDR -715) subject to various conditions of approval. Mr. Jeffrey objected to two of these conditions and filed suit against the City in Alameda County Superior Court seeking to overturn the two conditions. Staff has worked with Mr. Jeffrey and his neighbors in an effort to settle the lawsuit and to resolve the parties' concerns related to PDR -715. To that end, Staff is proposing new Conditions of Approval for PDR -715 that will replace those adopted by the City Council on December 2, 2008. The proposed conditions will require the Jeffreys, and any subsequent purchasers of the property, to maintain certain landscaping at the back of the parcel for screening purposes. The modified conditions make clear that the property is already encumbered by two separate utility easements that preclude structures adjacent to the downhill neighbors. RECOMMENDATION Staff recommends that the Council approve the attached Resolution (which repeals Resolution 08 -250) and adopt the Conditions of Approval in Attachment 1. FINANCIAL STATEMENT There is no fiscal impact associated with this action.