HomeMy WebLinkAbout95-31 EXHIBIT A
RESOLUTION NO. 95-31
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF
DANVILLE RECOMMENDING THE TOWN COUNCIL ADOPT A
MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL
SIGNIFICANCE AND APPROVE PRELIMINARY
DEVELOPMENT PLAN - REZONING REQUEST
PUD 95-06 AND FINAL DEVELOPMENT
PLAN - MAJOR SUBDIVISION REQUEST
SD 7964 -- WRIGHT RFa~ ESTATE
(APN: 206-140-002, 003)
WHERF~S, Wright Real Estate has requested approval of Preliminary Development
Plan - Rezoning and Final Development Plan - Major Subdivision requests to rezone a
10 acre property from A-2; General Agricultural District to P-l; Planned Unit
Development District and to subdivide the property to create 37 single family
residential lots; and
WHERF~S, the subject site is located at 1225 and 1245 Lawrence Road and is
identified as Assessor's Parcel Numbers 206-140-002 & 003; and
WHEREAS, the Town of Danville P-l; Planned Unit Development District requires
approval of a Preliminary Development Plan - Rezoning request prior to approval of a
Final Development Plan - Major Subdivision request; and
WHERF~S, the Town's Subdivision Ordinance requires approval of a Major
Subdivision - Tentative Subdivision Map request prior to recordation of a Final Map;
and
WHEREAS, the Planning Commission did review the project at a noticed public
hearing on October 10, 1995; and
WHEREAS, the public notice of this action was given in all respects as required by law;
and
WHERF&S, a draft Mitigated Negative Declaration of Environmental Significance has
been prepared for the project indicating that, as modified through project conditions
of approval, no significant environmental impacts are expected to be associated with
the project; and
WHEREAS, a staff report was submitted recommending that Planning Commission
approve the request; and
PAGE 1 OF RESOLUTION NO. 95-31
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 adopt of a Mitigated Negative Declaration of Environmental Significance
and approve the Preliminary Development Plan - Rezoning and Final Development
Plan - Major Subdivision requests per the conditions contained herein, and makes the
following findings in support of the Preliminary Development Plan - Rezoning request:
The proposed Rezoning will substantially comply with the Town's 2005 General
Plan.
The proposed Rezoning is consistent with the Goals, Policies, and Development
Standards established under the Lawrence/Leema Road Specific Plan.
o
The residential development authorized in the land use district are compatible
within the district and to uses authorized in adjacent districts.
Community need has been demonstrated for the use proposed and the off-site
public improvements which will be contributed to by this development.
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.
and, be it further
RESOLVED that the Planning Commission of the Town of Danville makes the following
Findings in support of the Final Development Plan - Major Subdivision request:
The proposed subdivision is in substantial conformance with the goals and
policies of the General Plan.
o
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 parcels created by this subdivision.
°
The density of the subdivision is physically suitable for the proposed density of
development.
5. The design of the proposed subdivision and improvements are not likely to
PAGE 2 OF RESOLUTION NO. 95-31
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.
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 for the project. Each item is subject
to review and approval by the Planning Division unless otherwise specified.
A. GENERAL
* 1.
This approval is for Preliminary Development Plan - Rezoning request
PUD 95-06 and Final Development Plan - Major Subdivision request SD
7964, which jointly serve to rezone the subject 10 +/- acre property
from A-2: General Agricultural District to P-l; Planned Unit Development
District and subdivide the property into 36 single family parcels.
Development shall be substantially as shown on the project drawings as
follows, except as may be modified by conditions contained herein;
Vesting Tentative Map Preliminary and Final Development Plan,
labeled "Lawrence Estates" as prepared by dk Associates, dated
received by the Planning Division on October 6, 1995.
Preliminary Landscape Plan labeled "Lawrence Estates", as
prepared by Rose Associates, dated received by the Planning
Division on July 13, 1995.
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,
PAGE 3 OF RESOLUTION NO. 95-31
Park Land In-lieu and Child Care Facilities 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 are contained
in their letter dated July 27, 1995, on file with the Planning Division.
Within ten days of the effective date of this approval, 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
$50.00
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.
If deemed necessary, 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 Mr Quality
Management District shall be established and implemented for all on and
off-site construction activities. Equipment and human resources for
PAGE 4 OF RESOLUTION NO. 95-31
Bo
watering all exposed or disturbed soil surfaces shall be supplied on
weekends and holidays as well as work days. Dust-producing activities
shall be discontinued during high wind periods.
10.
If the applicant intends to construct the project in phases, then the first
submittal for building permits shall be accompanied by an overall
phasing plan. This plan shall address: off-site improvements to be
installed in conjunction with each phase; erosion control for
undeveloped portions of the site; timing of delivery of emergency vehicle
access connections; and phasing of project grading. The phasing plan
shall be subject to the review and approval of the City Engineer and
Chief of Planning.
11.
This project shall comply with all requirements established under the
Lawrence/Leema Road Specific Plan.
12.
For all new lots created by this subdivision, a statement shall be recorded
to run with the deed of the property acknowledging the historic rural
nature of the area, and the rights of surrounding property owners to
continue legally established rural/agricultural uses.
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.
o
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.
o
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 criteria for lots within the project in the lot size range of
7,000 to 9,000 square feet, shall be as established in the Town's R-7;
Single Family Residential District standards. The typical lot and house
setbacks shown on the approved tentative map are not approved as part
of this permit.
°
Development criteria for lots within the project which are greater than
12,000 square feet in size, shall be as established in the Town's R-12;
PAGE 5 OF RESOLUTION NO. 95-31
Co
Single Family Residential District standards. The typical lot and house
setbacks shown on the approved tentative map are not approved as part
of this permit.
o
Lot setbacks for the duet units shall be as shown as the typical lot and
house setbacks for duet units as depicted on the approved tentative mapo
o
Allowable uses and conditional uses shall be governed by the standards
set forth under the Town's R-7; Single Family Residential District
Ordinance.
So
The total number of lots for the project shall be reduced by one,
resulting in a maximum of 36 total units. The lot to be eliminated shall
be along the property's eastern property line, resulting in larger square
footage for the remaining lots along the eastern property line. If desired
by the applicant, the location of the proposed duet unit on Lots 12 and
13 may be moved to an alternate corner lot within the project, subject to
review and approval by the Planning Division.
o
A deed restriction shall be recorded to run with the title of lots 10, 11, 12
& 13 which acknowledges that the opens space/landscape area which
these lots access through, is in an area offered for dedication to the
Town of Danville as a public right-of-way, and is reserved for a possible
future street extension (36 feet of pavement and curb, gutter, and
sidewalk, consistent with the typical street section for the project)
providing public vehicular access to the adjacent parcel to the north, as
determined necessary by the City Engineer.
LANDSCAPING
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.
o
Except as otherwise provided for in these conditions of approval, all
developer installed trees shall be a minimum of 15 gallon container size.
All developer installed trees shall be properly staked. All developer
installed remaining shrubs used in the project, which are not used as
PAGE 6 OF RESOLUTION NO. 95-31
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.
If site construction activity occurs in direct vicinity of the on-site and off-
site protected trees (see project tree survey), a security deposit in the
amount of $5,000.00 shall be posted with the Town in compliance with
the Town's Tree Protection Ordinance to assure the preservation of the
trees. The security deposit shall be returned upon verification of the
health of the trees following two full growing seasons after project
completion.
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.
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.
All trees shall be minimum 24" box specimens.
A six foot wide pedestrian/equestrian trail, consistent with the design
standards established by the Lawrence/Leema Road Specific Plan, shall be
constructed by the developer along the Lawrence Road frontage of the
project.
10.
A mechanism acceptable to the Town shall be established to provide for
the common maintenance of the 19.5 foot open space/landscape area
within this project, and the open space/landscape are between lots 10,11
& 12. In addition, a mechanism for the common maintenance of the
frontage landscaping and trail along Lawrence Road shall be established.
11.
The developer shall develop a minimum of three landscape alternatives
for front yard landscaping. The landscape alternatives shall be submitted
for review and approval by the Town's Design Review Board prior to
issuance of Building Permits for the project. Home buyers shall have the
option of purchasing a landscape alternative of their choice to be
installed by the developer. If a landscape scheme is not purchased and
installed by the developer, street trees shall be installed by the developer
as required. All front yard landscaping shall be installed within six
PAGE 7 OF RESOLUTION NO. 95-31
Do
months of completion of the unit or within six months of occupancy by
the homeowner, whichever comes first. The CC&Rs for the project shall
be modified to reflect this condition and shall be submitted for review
and approval by the Town prior to issuance of building permits.
ARCHITECTURE
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.
o
Architectural elevations, details, samples of materials, and the proposed
color pallet shall be submitted for review and approval by the Design
Review Board prior to issuance of building permits for the project. A
minimum of four different units, each with a minimum of two elevation
types, shall be developed for the project.
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.
No project signage is authorized as part of this approval. If signing for
the development is desired, a comprehensive sign program shall be
submitted to the Town for consideration under a separate application.
GRADING
Any grading on adjacent properties will require prior written approval of
those property owners affected.
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, rifle, 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
PAGE 8 OF RESOLUTION NO. 95-31
o
10.
in the notice.
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 for 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.
All 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.
All 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
PAGE 9 OF RESOLUTION NO. 95-31
determined by the City Engineer.
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.
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.
All 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 XII 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.
Public streets shall be improved to the standards in #G.5. above. Private
streets shall be improved to public street structural standards. Private
street improvements, and their dimensions, shall be as shown on the
project plans identified in #A. 1. above and shall conform to Standard
Plan 104 a & b.
The project's interior typical street section, as shown on the tentative
map, shall be modified to remove the 19.5 foot open space/landscape
area from the public right-of-way. The 19.5 foot open space/landscape
area shall be included within the property lines of the adjacent lot, and a
public access easement and maintenance easement shall be places over
this area.
The owners of Lots 10, 11, 12, & 13 shall jointly responsible for the
maintenance of shared driveways in this area. A maintenance agreement
PAGE 10 OF RESOLUTION NO. 95-31
G0
shall be developed and imposed on these lots, and shall be subject to
review and approval by the Planning Division prior to the recordation of
the final map.
INFRASTRUCTURE
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 July 31, 1995.
All wastewater shall be disposed into an existing 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 July 26, 1995.
o
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).
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.
Prior to recordation of the final map for the project, a complete a
hydraulic study shall be completed detailing ultimate storm drain
improvement requirements for the entire Lawrence Road drainage
area. All runoff from this project shall be intercepted at the project
boundary and shall be collected and conducted via an approved
drainage method, as detailed through the required drainage study, to
an existing improved system or a natural storm drainage system with
existing sufficient capacity, as determined by the City Engineer. In
conjunction with the issuance of grading or improvement plan for the
project, ail required off-site drainage improvements shall be installed
to the satisfaction of the City Engineer.
¸.
Prior to recordation of the final map for the project, the applicant
shall submit to the Town documentation that run-off from this project
will not exceed the flow restriction of 4,670 cubic feet per second for
Alamo Creek at the Contra Costa County/Alameda County Line. If
development of this project will result in afl ow of greater than 4,670
PAGE 11 OF RESOLUTION NO. 95-31
10.
11.
12.
13.
14.
1_5.
cubic feet per second, than mitigation to reduce the flow to not exceed
the flow restriction level shall be completed prior to the issuance of
grading or improvement plan permits for this project. A statement
shall be recorded to run with the deed of all lots created by this
subdivision which notifies future property owners of the planned future
benefit district for the area.
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.
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.
All new utilities required to serve the development shall be installed
underground.
All street, drainage or grading improvement plans shall be prepared by a
licensed civil engineer.
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.
In addition to on-site improvements, this development shall guarantee
the installation of off-site improvements as generally identified as
PAGE 12 OF RESOLUTION NO. 95-31
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 identified 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), and a two inch asphalt overlay for all of
Lawrence Road (in compliance with the suburban and rural road
sections defined within the Lawrence/Leema Road Specific Plan) as
determined necessary by the City Engineer. The Specific Plan Phase 1
improvements may be guaranteed based on a phasing plan approved
by the City Engineer. The initial phase of the 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 for an amount equal to 150 percent of the estimated
construction costs. The second phase of the development shall
guarantee the construction of the remainder of the Specific Plan Phase
1 sewer, street, and storm drain improvements. The initialphase shall
not constitute more than _50 percent of the value of the entire project.
This condition does not preclude use of a Mello-Roos assessment
district, as detailed within the Lawrence/Leema Road Specific Plan.
16.
A Benefit Fee District may be formed for the purpose of collecting funds
from properties which may benefit from the construction of the required
off-site public improvements. The formation of the Benefit District,
should it occur, must be before construction of off-site improvements.
17.
If other developers in the area construct the above described off-site
public improvements (i.e., improvements cited in Condition of Approval
G. 15 above), then this development will be subject to participation in a
Benefit Fee District, if formed, 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 Revised Final
Development Plan review process.
PAGE 13 OF RESOLUTION NO. 95-31
0
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 Development Plan - Rezoning and
Final Development Plan - Major Subdivision 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.
Use of a private gated entrance to this project off of Lawrence Road 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°
Six units in this project shall be made available to three or four persons
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:
PAGE 14 OF RESOLUTION NO. 95-31
[)own 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
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 assure
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 10,
1995, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Arnerich, Combs, Bowlby, Hunt, Moran, Murphy, Osborn
APPROVED AS TO FORM:
City~tto~'ney
pdcz87
Chffirman W
PAGE 15 OF RESOLUTION NO. 95-31