HomeMy WebLinkAbout94-28 EXHIBIT A
RESOLUTION NO. 94-28
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE
RECOMMENDING THE TOWN COUNCIL ADOPT A NEGATIVE DECLARATION OF
ENVIRONMENTAL SIGNIFICANCE AND APPROVE PRELIMINARY
DEVELOPMENT PLAN - REZONING AND FINAL DEVELOPMENT
PLAN - TENTATIVE MAP REQUESTS ALLOWING THE
DEVELOPMENT OF A MAXIMUM OF 145 UNIT
SUBDIVISION (PUD 94-05 & SD 7876 -
HERITAGE OAKS)
WHEREAS, Pinn Bros. Construction, Inc. has requested approval of Preliminary
Development Plan - Rezoning and Final Development Plan - Tentative Map requests to
allow for the development of a 146 unit residential single family subdivision on a 37
+/- acre site. In addition, the proposal includes a request to amend the previously
approved Lawrence/Leema Road Specific Plan related to the method of financing
planned public improvements for the Lawrence/Leema Road Specific Plan area; and
WHEREAS, the subject site is located on the southwest corner of Camino Tassajara
and Lawrence Road, including Leema Road, and is identified as Assessor's Parcel
Numbers 206-131-001, 206-131-002, 206-131-003, 206-132-001, 206-132-002, 206-132-
003, 206-132-004, 206-132-005, 206-132-007, 206-132-008, 206-132-009, 206-132-010,
and 206-132-011; and
WHEREAS, the Town of Danville P-l; Planned Unit Development District Ordinance
requires approval of a Preliminary Development Plan prior to, or concurrently with,
approval of a Final Development Plan - Tentative Map; and
WHEREAS, the Town of Danville Subdivision Ordinance requires approval of a
tentative map prior to recordation of a final map; and
WHEREAS, the Planning Commission did review the project at a noticed public
hearing on September 27, 1994 and October 11, 1994; and
WHEREAS, the public notice of this action was given in all respects as required by law;
and
WHEREAS, a staff report was submitted recommending that Planning Commission
approve the request; and
PAGE 1 OF RESOLUTION NO. 94-28
WHEREAS, the Planning Commission did hear and consider all reports,
recommendations, and testimony submitted in writing and presented at the hearing;
now, therefore, be it
RESOLVED that the Planning Commission of the Town of Danville recommends the
Town Council grant a Mitigated Negative Declaration of Environmental Significance,
approve Preliminary Development Plan - Rezoning request PUD 93-05 approve an
amendment to the Lawrence/Leema Road Specific Plan, and makes the following
findings in support of these actions:
The proposed Rezoning will substantially comply with the Danville 2005
General Plan and with the Lawrence/Leema Road Specific Plan.
The uses authorized or proposed in the land use district are compatible within
the district and to uses authorized in adjacent districts.
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The amendment to the Lawrence/Leema Road Specific Plan, amending the
method of financing planned public utilities, will be consistent with the goals
and intent for financing the needed public improvements as established under
the Lawrence/Leema Road Specific Plan.
be it further
RESOLVED that the Planning Commission recommends the Town Council approve of
the accompanying Final Development Plan - Tentative Map request (SD 7876) and
makes the following findings in support of this action:
The proposed subdivision is in substantial conformance with the goals and
policies of the Danville 2005 General Plan.
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The design of the proposed subdivision is in substantial conformance with the
applicable zoning regulations.
°
The design of the subdivision and the type of associated improvements will not
likely cause serious public health problems because water and sanitary facilities
services will be available to the 145 new lots.
The density of the subdivision is physically suitable for the proposed density of
development.
PAGE 2 OF RESOLUTION NO. 94-28
The design of the proposed subdivision and improvements are not likely to
cause substantial environmental damage or subsequently injure fish or wildlife
or their habitat since this property is in an area where residential development
has previously occurred.
The design of the proposed subdivision and proposed improvements will not
conflict with easements, acquired by the public at large, for access through or
use of, property within the proposed subdivision.
There is no evidence before the Town that the proposed project will have
potential for an adverse effect on wildlife resources or the habitat upon which
the wildlife depends.
The required off-site improvements are consistent with the intent of the
previously adopted Lawrence/Leema Road Specific Plan which granted higher
density residential development in the subject portion of the Lawrence/Leema
Road plan area in order to make possible, and to substantially finance, the
extension of public water and sewer, and road improvements, to the southern
terminus of Lawrence Road.
CONDITIONS OF APPROVAL
Conditions of approval with an asterisk ("*") in the left-hand column are standard
project conditions of approval.
Conditions of approval typed in italicized text are mitigation measures derived from
the Mitigated Negative Declaration of Environmental Significance prepared for the
project.
Unless otherwise specified, the following conditions shall be complied with prior to
the Town Council approval of the initial final map. Each item is subject to review and
approval by the Planning Division unless otherwise specified.
A. GENERAL
* 1.
This approval is for a Preliminary Development Plan - Rezoning (PUD 94-
05) and Final Development Plan - Vesting Tentative Map (SD 7876)
rezoning the subject 37 +/- acre site from A-2; General Agricultural
District to P-l; Planned Unit Development District allowing the
development of a maximum of 145 residential units. Development shall
PAGE 3 OF RESOLUTION NO. 94-28
be substantially as shown on the project drawings as follows, except as
may be modified by conditions contained herein;
a0
Final Development Plan and Vesting Tentative Map labeled
"Heritage Oaks - Subdivision 7876", as prepared by dk Associates,
dated received by the Planning Division on April 8, 1994.
Project architectural plans and elevations labeled "Heritage Oaks"
as prepared by Bassenian, Lagoni Architects, dated received by the
Planning Division on July 21, 1994.
Preliminary Planting Plan which details the entry landscaping and
the landscaping within the 40 foot setback along Camino Tassajara
labeled "Heritage Oaks Preliminary Planting Plan", as prepared by
Gates and Associates, dated received by the Planning Division on
April 8, 1994.
Preliminary Planting Plan detailing project wide landscaping
labeled "Heritage Oaks", as prepared by Gates and Associates,
dated received by the Planning Division on July 28, 1994.
eo
Typical frontyard landscape plans dated received July 28, 1994 by
the Planning Division.
The applicant shall pay any and all Town and other related fees that the
property may be subject to. These fees shall be based on the current fee
schedule in effect at the time the relevant permits are secured, and shall
be paid prior to issuance of said permit and prior to any Town Council
final approval action. Notice should be taken specifically of the Town's
Transportation Improvement Program (TIP), Park Land In-lieu and Child
Care Facilities, Flood Control & Water Conservation District (Drainage
Areas and Mitigation), Plan Checking, Inspection, Benefit Districts and
Density Increase fees.
Prior to the issuance of grading or building permits, the applicant shall
submit written documentation that all requirements of the San Ramon
Valley Fire Protection District (SRVFPD) and the San Ramon Valley
Unified School District have been, or will be, met to the satisfaction of
these respective agencies. The SRVFPD's initial comments on this project
are summarized in part in their memorandum dated May 11, 1994.
PAGE 4 OF RESOLUTION NO. 94-28
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The applicant shall submit to the Town of Danville fees required to file a
Notice of Determination for this project as required by AB 3185. The fee
shall be $1,300 unless the project is found to be De Minimus (indicating
that the project has no potential for an adverse effect on wildlife
resources or the habitat upon which the wildlife depends), in which case
the fee shall be $25.00.
In the event that subsurface archeological remains are discovered during
any construction or pre-construction activities on the site, all land
alteration work within 100 feet of the find shall be halted, the Town
Planning Division notified, and a professional archeologist, certified by
the Society of California Archeology and/or the Society of Professional
Archeology, shall be notified. Site work in this area shall not occur until
the archeologist has had an opportunity to evaluate the significance of the
find and to outline appropriate mitigation measures, if they are deemed
necessary. If prehistoric archaeological deposits are discovered during
development of the site, local Native American organizations shall be
consulted and involved in making resource management decisions.
Construction activity shall be restricted to the period between the
weekday hours of 7:30 a.m. to 5:30 p.m. (Mondays through Fridays),
unless otherwise approved in writing by the City Engineer for general
construction activity and the Chief Building Official for building
construction activity,
The applicant shall provide security fencing, to the satisfaction of the City
Engineer and/or the Chief Building Official, around the site during
construction of the project.
The applicant shall require their contractors and subcontractors to fit all
internal combustion engines with mufflers which are in good condition,
and to locate stationary noise-generating equipment as far away from
existing residences as feasible.
A watering program which incorporates the use of a dust suppressant,
and which complies with Regulation 2 of the Bay Area Air Quality
Management District shall be established and implemented for all on
and off-site construction activities. Equipment and human resources
for watering all exposed or disturbed soil surfaces shall be supplied on
weekends and holidays as well as work days. Dust-producing
PAGE 5 OF RESOLUTION NO. 94-28
Bo
activities shall be discontinued during high wind periods.
10.
All physical improvements shall be in place prior to occupancy of any
structure in the project. If occupancy within the project is requested to
occur in phases, all physical improvements shall be required to be in
place prior to occupancy except for items specifically excluded in a
construction-phases occupancy plan approved by the Planning Division.
No structure shall be occupied until construction activity in the adjoining
area is complete and the area is safe, accessible, provided with all
reasonably expected services and amenities, and appropriately separated
from remaining additional construction activity. A temporary vehicular
turnaround shall be provided at the end of the completed section of loop
roadway to allow separation of resident traffic and construction traffic.
11.
Development shall take place in compliance with Traffic Noise
Assessment Study prepared for this project by Edward L. Pack
Associates, Inc., dated received by the Planning Division on March 24,
1994. As specified by the report, a minimum 6foot high noise control
barrier shall be constructed all rear or side yard property lines located
directly adjacent to Camino Tassajara and located within 60 feet of
the right-of-way.
SITE PLANNING
All lighting shall be installed in such a manner that lighting is generally
down-directed and glare is directed away from surrounding properties
and rights-of-way.
The location of any pad mounted electrical transformers shall be subject
to review and approval by the Planning Division prior to the issuance of
a building permit. To the extent feasible, such transformers shall not be
located between any street and the front of a building.
Any on-site wells and septic systems shall be destroyed in accordance
with Contra Costa County Health Services Department - Environmental
Health Division regulations. Environmental Health Division permit and
inspections for this work shall be obtained.
Development and use of the property shall be in compliance with the
Town's R-6; Single Family Residential Zoning District standards. Setbacks
PAGE 6 OF RESOLUTION NO. 94-28
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for the units developed as part of this project shall be as follows:
Frontyard
Sideyards
20 feet minimum
Minimum of 5 feet with a minimum building to
building separation of:
ao
10 feet for adjacent single story units
12 feet for adjacent single story and two story
units
14 feet for adjacent two story units
Rearyards
20 feet minimum
An exception to these setback requirements is granted for the duet units.
Plotting of the duet units will be reviewed on a lot by lot basis subject to
review and approval by the Planning Division.
The required setback shall be measured from the top or bottom of slopes
if the difference between adjacent building pads exceeds five feet in
height.
Access shall be provided to the open space and the required open space
trail along the west boarder of the project between Lots 8 and 10. Unless
the project engineer can show that this can be accomplished without
substantially reducing other lot sizes in the area, this may result in the
elimination of Lot 9. This modification shall be subject to review and
approval by the Planning Division and the Design Review Board prior to
recordation of the final map.
A larger visual opening shall be provided to the open space at the end of
"F" Ct. Unless the project engineer can show that this can be
accomplished while maintaining appropriate lot sizes and corresponding
structural setbacks, this may result in the elimination of Lot 29.
The depth of Lots 137 and 138 shall be reduced, clipping the northeast
corner, so as not to obstruct the sight distance triangle for vehicles
turning onto Camino Tassajara from Lawrence Road.
An access easement shall be provided for Lots 44, 45 & 46 to provide
access to these lots in the future when Lawrence Road is abandoned.
PAGE 7 OF RESOLUTION NO. 94-28
The units on these lots shall be plotted taking into consideration the
ultimate access to these lots.
C. LANDSCAPING
* 1.
Final landscape and irrigation plans (with planting shown at 1"= 20' scale)
shall be submitted for review and approval by the Planning Division. The
plan shall include common names of all plant materials and shall indicate
the size that various plant materials will achieve within a five year period
of time.
All plant material shall be served by an automatic underground irrigation
system and maintained in a healthy growing condition. Irrigation shall
comply with Town of Danville Landscape Ordinance #91-14 and shall be
designed to avoid runoff and overspray.
All trees shall be a minimum of 15 gallon container size. All trees shall be
properly staked. All remaining shrubs used in the project, which are not
used as ground cover, shall be a minimum of five gallons in size.
All landscaped areas not covered by shrubs and trees shall be planted
with live ground cover. All proposed ground cover shall be placed so
that they fill in within two years.
All existing trees on the site shall be preserved to the extent practical.
Removal will be allowed only upon prior written approval from the
Planning Division.
Existing native plants shall be preserved to the extent possible. New
landscaping shall utilize native plant species to the extent possible.
In compliance with the Town's landscape guidelines, proposed common
maintenance lawn areas within the project shall not exceed a maximum
of 25 percent of proposed common landscaped areas.
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A minimum of two street trees per lot (three for corner lots) shall be
incorporated into the final landscape and irrigation plan for the project.
PAGE 8 OF RESOLUTION NO. 94-28
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The applicant shall modify the landscape plan to include a private trail
system which connects to and links the open space throughout the
project. At a minimum, the trail system shall include a connection from
Camino Tassajara, near the projects northwest corner, extending through
the open space along the projects west boundary and linking to the open
space access at the end of "e" Ct. The trail shall also extend to the south
and west creating a link to the open space access at the end of "f' Ct.
From "f' Ct., the trail shall extend east through the open space along the
projects southern boarder and shall connect to "a" road by a connection
created between lots 42 and 43. Final trail design shall be shown on the
final landscape plans and shall be subject to review and approval by the
Planning Division as part of the final landscape plan review.
D. ARCHITECTURE
* 1.
All ducts, meters, air conditioning and/or any other mechanical
equipment whether on the structure or on the ground shall be effectively
screened from view with landscaping or materials architecturally
compatible with the main structures.
The street numbers for each structure in the project shall be posted so as
to be easily seen from the street at all times, day and night.
Samples of final materials and the proposed color pallet shall be
submitted for review and approval by the Design Review Board prior to
the issuance of building permits for the project.
Final architectural elevations, details and revisions shall be submitted for
review and approval by the Design Review Board prior to issuance of
building permits for the project.
The project covenants, conditions and restrictions shall provide a review
and approval process for any proposed repainting or reroofing of
exteriors of the units in this project.
The same unit or elevation shall not be located next to or directly across
the street from each other.
7. Frontyard setbacks shall be varied to create additional visual relief.
PAGE 9 OF RESOLUTION NO. 94-28
The side and rear elevations shall be detailed to the same level as the
front elevation on all lots that back up to or side on Camino Tassajara,
Lawrence Road, or are on the project boundaries and are visible from
properties to the south or west.
Single story units are encouraged on corner lots to the greatest extent
possible. Single story units shall be dispersed throughout the project to
provide additional streetscape variety.
10.
Roof materials shall include additional color variation and a higher
percentage of flat tiles. Use of barrel tiles shall be limited to a maximum
of 40 percent of the units in the development.
11.
The artificial louver feature on the rear elevation of Plan 2217 shall not
be utilized.
12.
The proposed duet units shall be dispersed throughout the project.
plotting of these units shall be subject to review and approval by the
Planning Division and the Design Review Board prior to issuance of
building permits for the project.
Final
GRADING
Any grading on adjacent properties will require prior written approval of
those property owners affected.
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At least one week prior to commencement of grading, the applicant shall
post the site and mail to the owners of property within 300 feet of the
exterior boundary of the project site, to the homeowner associations of
nearby residential projects and to the Town of Danville Development
Services Department, a notice that construction work will commence. The
notice shall include a list of contact persons with name, title, phone
number and area of responsibility. The person responsible for
maintaining the list shall be included. The list shall be kept current at all
times and shall consist of persons with authority to initiate corrective
action in their area of responsibility. The names of individuals
responsible for dust, noise and litter control shall be expressly identified
in the notice.
PAGE 10 OF RESOLUTION NO. 94-28
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Development shall be completed in compliance with a detailed soils
report and the construction grading plans prepared for this project.
The engineering recommendations outlined in the project specific soils
report shall be incorporated into the design of this project. The report
shall include specific recommendations f or foundation design of the
proposed buildings and shall be subject to review and approval by the
Town's Engineering and Planning Divisions.
Where soils or geologic conditions encountered in grading operations
are different from that anticipated in the soil report, a revised soils report
shall be submitted for review and approval by the City Engineer. It shall
be accompanied by an engineering and geological opinion as to the
safety of the site from settlement and seismic activity.
Ail development shall take place in compliance with the Town Erosion
Control Ordinance (Ord. 91-25). Restrictions include limiting
construction primarily to the dry months of the year (May through
October) and, if construction does occur during the rainy season, the
use of sediment traps and other devices to minimize erosion.
Ail new development shall be consistent with modern design for
resistance to seismic forces. Ail new development shall be in
accordance with the Uniform Building Code and Town of Danville
Ordinances.
Ail cut and fill areas shall be appropriately designed to minimize the
effects of ground shaking and settlement.
Stockpiles of debris, soil, sand or other materials that can be blown by
the wind shall be covered.
If toxic or contaminated soil is encountered during construction, all
construction activity in that area shall cease until the appropriate
action is determined and implemented. The concentrations, extent of
the contamination and mitigation shall be determined by the Contra
Costa County Health Department. Suitable disposal and/or treatment
of any contaminated soil shall meet all federal state and local
regulations. If deemed appropriate by the Health Department, the
applicant shall make provisions for immediate containment of the
materials.
PAGE 11 OF RESOLUTION NO. 94-28
10.
Ail grading activity shall address National Pollutant Discharge
Elimination System (NPDES) concerns. Specific measures to control
sediment runoff, construction pollution and other potential
construction contamination shall be addressed. A NPDES construction
permit may be required, as determined by the Oty Engineer at the time
improvement plan are submitted for plan review.
STREETS
The applicant shall obtain an encroachment permit from the Engineering
Division prior to commencing any construction activities within any
public right-of-way or easement.
o
Street signing shall be installed by the applicant as may be required by
the City Engineer. Traffic signs and parking restriction signs which may
be required to be installed shall be subject to review and approval by the
Transportation Division and the Police Department.
All mud or dirt carried off the construction site onto adjacent streets shall
be swept or water-flushed each day.
Any damage to street improvements now existing or done during
construction on or adjacent to the subject property shall be repaired to
the satisfaction of the City Engineer, at full expense to the applicant. This
shall include slurry seal, overlay or street reconstruction if deemed
warranted by the City Engineer.
Ail improvements within the public right-of-way, including curb, gutter,
sidewalks, driveways, paving and utilities, shall be constructed in
accordance with approved standards and/or plans and shall comply with
the standard plans and specifications of the Development Services
Department and Chapters )(II and XXXI of the Town Code. At the time
project improvement plans are submitted, the applicant shall supply to
the City Engineer an up-to-date title report for the subject property.
A satisfactory private road and private storm drain maintenance
agreement shall be submitted for approval of the City Attorney prior to
any Town Council final approval action.
PAGE 12 OF RESOLUTION NO. 94-28
A signalized intersection shall be installed at the Leema
Road/Mansfield Drive/Camino Tassajara intersection. The traffic
signal shall be installed in accordance with a phasing plan apporved
as part of the project, as determined necessary by the City Engineer.
The cost of installation of the signal may be shared by the subdivision
on the north side of Camino Tassajara along Mansfield Drive.
o
This subdivision may be responsible for the installation of bus turnout
outside and adjacent to the travel lines on Camino Tassajara in
compliance with recommendations of the Central Contra Costa Transit
Authority and the City Engineer. Appropriate right of way or easement
widening shall be provided so as to maintain a consistent landscape
treatment along the street frontage.
The emergency vehicle assess (EVA) connection between 'Z'" Ct. and
Viewpoint Dr. to the west shall include language allowing emergency
vehicle access to pass over the property to access properties to the west
in the Vista Tassajara housing project.
G. INFRASTRUCTURE
* 1.
Domestic water supply shall be from an existing public water system.
Water supply service shall be from the East Bay Municipal Utility
District (EBMUD) water system in accordance with the requirements of
EBMUD. EBMUD's initial comments on this project are summarized
within their memorandum dated May 5, 1994.
All wastewater shall be disposed into a sewer system. Sewer disposal
service shall be from the Central Contra Costa Sanitary District
(CCCSD) sewer system in accordance with the requirements of CCCSD.
CCCSD's initial comments on this project are summarized within their
letter dated May 16, 1994. The project will be subject to annexation
into to the Central Contra Costa Sanitary District prior to final map
recordation.
Drainage facilities and easements shall be provided to the satisfaction of
the City Engineer and/or the Chief Engineer of the Contra Costa County
Flood Control & Water Conservation District (CCCFC & WCD).
PAGE 13 OF RESOLUTION NO. 94-28
All required improvements to area creeks for drainage purposes shall
meet the requirements of existing Town of Danville, Contra Costa County
Flood Control & Water Conservation District, the Department of Fish &
Game, the Department of U.S. Fish and Wildlife, and the United States
Army Corps of Engineers codes and policies.
All runoff from impervious surfaces shall be intercepted at the project
boundary and shall be collected and conducted via an approved
drainage method through the project to an approved storm drainage
facility, as determined by the City Engineer. Unless otherwise approved
by the City Engineer, all additional runoff generated by this
development shall be conveyed via storm drain pipe line to the nearest
downstream drainage system which has the capacity to handle the
additional water volume.
Roof drainage from structures shall be collected via a closed pipe and
conveyed to an approved storm drainage facility of the street curb. No
concentrated drainage shall be permitted to surface flow across
sidewalks.
Any portion of the drainage system that conveys runoff from public
streets shall be installed within a dedicated drainage easement, or public
street.
If a storm drain must cross a lot, or be in an easement between lots, the
easement shall be equal to or at least double the depth of the storm
drain.
The applicant shall furnish proof to the City Engineer of the acquisition
of all necessary rights of entry, permits and/or easements for the
construction of off-site temporary or permanent road and drainage
improvements.
10.
Electrical, gas, telephone, and Cable TV services, shall be provided
underground in accordance with the Town policies and existing
ordinances. All utilities shall be located and provided within public
utility easements, sited to meet utility company standards, or in public
streets.
PAGE 14 OF RESOLUTION NO. 94-28
11.
All new utilities required to serve the development shall be installed
underground.
12.
All street, drainage or grading improvement plans shall be prepared by a
licensed civil engineer.
13.
A Storm Water Pollution Prevention Plan (SWPPP) shall be prepared as
part of the preparation of project improvement plans to assure
prevention of construction related silt and pollutants from leaving the site
and polluting the downstream water courses. The SWPPP shall
supplement the erosion control plan prepared for the project.
14.
In addition to on-site subdivision improvements, this development
shall fully fund and install off-site public improvements, as generally
identified as Phase 1 improvements within Chapter 6 (Public Facilities)
of the Lawrence/Leema Road Specific Plan. These improvements shall
include the extension of a water line and appurtenant structures down
Lawrence Road to just south of Hidden Hills Road, all master sewer
improvements (i.e., sewer line extension to the southern terminus of
Lawrence Road and a pump station and line which would pump the
sewage back to the main line under Camino Tassajara, and
appurtenant structures), a two inch asphalt overlay for all of Lawrence
Road, and roadside ditches for Lawrence Road as determined
necessary by the City Engineer. Multiple Final Maps may be filed under
this Tentative Map. This project shall guarantee the installation of
Phase 1 improvements as described in Chapter 6 and Policy 1.4 of
Chapter 2 and within the Sub-Area 1 development standards of the
Lawrence/Leema Road Specific Plan. The Specific Plan Phase 1
improvements may be guaranteed based on a phasing plan for the
subdivision to be approved by the City Engineer. The initial phase of
this project shall guarantee and construct the Specific Plan Phase 1
improvements and may reduce the construction and guaranteed
amount by the cost of the sewer main, street, and storm drain
improvements in the Specific Plan Phase 2 area. The sewer pump shall
be guaranteed with the initial phase of the project. The second phase
of the proposed subdivision shall guarantee and install the remainder
of the Specific Plan Phase 1 sewer, street and storm drain
improvements. The initial phase of the project shall have a maximum
of 80 units.
PAGE 15 OF RESOLUTION NO. 94-28
This condition does not preclude use of a Mello-Roos district as detailed within the
Lawrence/Leema Road Specific Plan.
15.
A Benefit Fee District may be formed for the purpose of collecting funds
from properties which may benefit from the off-site public improvements.
The formation of the Benefit Fee District, should it occur, must be before
construction of off-site improvements.
16.
Any existing private septic systems within the site shall be removed to the
satisfaction of the Contra Costa County Environmental Health Department
prior to issuance of building permits for the project.
H. MISCELLANEOUS
* 1.
The project shall be constructed as approved. Minor modifications in the
design, but not the use, may be approved by Staff. Any other change will
require Planning Commission approval through the Development Plan
review process.
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Conditions of this approval may require the applicant to install public
improvements on land neither the applicant, nor the Town, has easement
rights to allow the improvements to be installed upon. The applicant
shall be responsible for acquisition of said easement rights through
private negotiations. If the applicant is unsuccessful in negotiations, the
applicant shall apply to the Town for use of eminent domain powers in
accordance with Town Resolution No. 78-85. All easement rights shall be
secured prior to Town Council final approval of any subdivision map.
All costs associated with such acquisition shall be borne by the applicant.
Pursuant to Government Code section 66474.9, the applicant (including
the applicant or any agent thereof) shall defend, indemnify, and hold
harmless the Town of Danville and its agents, officers, and employees
from any claim, action, or proceeding against the Town or its agents,
officers, or employees to attack, set aside, void, or annul, the Town's
approval concerning this Preliminary and Final Development Plan
application, which action is brought within the time period provided for
in Section 66499.37. The Town will promptly notify the applicant of any
such claim, action, or proceeding and cooperate fully in the defense.
PAGE 16 OF RESOLUTION NO. 94-28
The project homeowners' association, through project-specific covenants,
conditions and restrictions (CC&Rs), shall be responsible for
maintenance of all private pedestrian ways, common landscape areas,
common fencing, the project recreation areas, common drainage facilities
and any project installed off-site landscaping. Draft project CC&Rs shall
be submitted to the Town of Danville for review and approval a
minimum of 30 days prior to recordation of the project's initial final
map.
Use of a private gated entrance is expressly prohibited.
The location, design and number of gang mailbox structures serving the
project shall be subject to review and approval by the Design Review
Board and the local Postmaster.
A minimum of ten percent of the project units shall be made available to
three or four person households with "moderate" incomes, as established
by the State Department of Housing and Community Development (HCD)
and the United States Department of Housing and Community
Development (HUD). Sales prices of these units shall not exceed the
maximum price affordable to three-person or four-person households, as
applicable, with 110% of the median income established for Contra Costa
and Alameda Counties. The maximum sales prices shall be based on the
following assumed variables; 8.25% interest rate; maximum monthly
assignment of housing costs of 35% of gross monthly income; taxes at
1.25% of the purchase price of the home; homeowner's association dues
of $125.00/month; and 30-year fixed rate mortgage. The maximum sales
prices shall be tiered to the down payment made by the qualifying
purchaser, as follows;
% Down payment
Three-person
household
Four-person
household
5% down payment
$179,880 $201,645
10% down payment
$188,535 $211,350
15% down payment
$198,075 $222,040
20% down payment
$208,620 $233,870
PAGE 17 OF RESOLUTION NO. 94-28
The maximum sales prices may be adjusted based on annual upward
adjustments to the area median income, as published by HCD and HUD.
The developer shall enter into a formal agreement with the Town which
specifies the maximum income of the buyers, regulates the terms of
occupancy, resale or any other restriction deemed necessary to assur the
continued affordibility of the units to moderate income households. This
agreement shall be subject to approval by the Town Council prior to
recordation of the initial Final Map for the project.
APPROVED by the Danville Planning Commission at a Regular Meeting on October 11,
1994, by the following vote:
AYES:
NOES:
ABSTAINED: -
ABSENT: Jameson
Arnerich, Bowlby, Hunt, Murphy, Osborn, Vilhauer
APPROVED AS TO FORM:
City Attorney ' ' //
pdcz68
PAGE 18 OF RESOLUTION NO. 94-28