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HomeMy WebLinkAbout97-12 EXHIBIT A RESOLUTION NO. A RESOLUTION OF THE TOWN OF DANVILLE PLANNING COMMISSION RECOMMENDING THE TOWN COUNCIL ADOPT A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND APPROVE PRELIMINARY DEVELOPMENT PLAN - REZONING REQUEST PUD 97-03 AND FINAL DEVELOPMENT P~AN - MAJOR SUBDIVISION REQUEST SD 8043 ALLOWING THE DEVELOPMENT OF A 14 UNIT SINGLE FAMILY HOUSING DEVELOPMENT (APN: 218-783-001 & 218-430-025 -- CREEKSIDE COMMONS) WHEREAS, Kiper Development and Dictinio and Elsa Fucanan have requested approval of a Preliminary Development Plan - Rezoning request and a Final Development Plan - Major Subdivision request to rezone a 5.92 +/- acre site from P-l; Planned Unit Development District to a new P-l; Planned Unit Development District and to subdivide the property to allow a 14 unit single family development; and WHEREAS, the subject site is located on the west side of Camino Ramon, south of Greenbrook Drive, and on the east side of Interstate 680, and is identified as Assessor's Parcel Numbers 218- 783-001 & 218-430-025; and WHEREAS, the Town of Danville P-l; Planned Unit Development District Ordinance requires approval of a Preliminary and Final Development Plan prior to development of the site; and WHEREAS, The Town of Danville Subdivision Ordinance requires approval of a Major Subdivision - Tentative Map application prior to recordation of a final map; and WHEREAS, a Mitigated Negative Declaration of Environmental Significance has been prepared for the project indicating that, as amended through recommended conditions of approval, no significant environmental impacts are expected to be associate with this project; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on April 22, 1997; 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 the Planning Commission approve the request; and PAGE 1 OF RESOLUTION NO. 97-~;)'' 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 and approve Preliminary Development Plan - Rezoning request PUD 97-03 and Final Development Plan - Major Subdivision request SD 8043, subject to the conditions contained herein, and makes the following findings in support of this action: Preliminary Development Plan - Rezoning (PUD 97-03): The proposed Rezoning is substantially consistent with requirements contained within the Town's 2005 General Plan. The uses authorized or proposed 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. , Based on the completion of the Initial Study of Environmental Significance and comments received,, there is no substantial evidence before the Town that the project will have a significant effect on the environment. Final Development Plan - Major Subdivision (SD 8043): The proposed subdivision is in substantial conformance w:th the goals and policies of the General Plan. , o The design of the proposed subdivision is in substantial conformante 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 saaitary facilities services will be available to the 14 new parcels. The density of the subdivision is physically suitable for the proposed density of the development. 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 develo:~ment has previously occurred. PAGE 2 OF RESOLUTION NO. 97-13 , 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 C*") 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. Eac[. 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 request PUD 97- 03 and Final Development Plan - Major Subdivision request SD 8043 to rezone a 5.92 +/- acre site from P-l; Planned Unit Development District to a new P-l; Planned Unit Development District and to subdivide the property to allow a 14 unit single family development. The site is located at the southwest corner of Camino Ramon and Greenbrook Drive and is f.trther identified as "Creekside Commons." Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; a, Preliminary architectural elevations and floor plans labeled "Creekside Commons", as prepared by William Heznalhalch Architects, Inc., dated received by the Planning Division on Apr:l 17, 1997. b, Vesting Tentative Map, as prepared by Ca-lson, Barbee and Gibson, Inc., dated received by the Planning Division on April 17, 1997. Preliminary Landscape Plan labeled "Creekside Commons", as prepared by Kiper Development, Inc., dated received by the Planning Division on April 17, 1997. Site section labeled "Creekside Commons", as prepared by Carlson, Barbee and Gibson Inc., dated received by the Planning Division on April 17, 1997. PAGE 3 OF RESOLUTION NO. 97-13 o The applicant shall pay or be subject to any and all Town and other related fees that the property may be subject to, with said fees based on the current fee schedule in effect at the time the relevant permits are secured. Fees 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 Impro~cement Program (TIP) ($2.000 per unit), Park Land In-lieu ($2,880 per unit), Child Care Facilities ($335 per unit), Contra Costa County Flood Control & Water Conservation District (Drainage Areas and Mitigation), and Plan Checking and Inspection 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 and the San Ramon Valley Unified School District have been, or will be, met to the satisfaction of these respective agencies. 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 ($1,300 ). 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, sha'l 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 activi.-y. 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. PAGE 4 OF RESOLUTION NO. 97-13 C, 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 Ai- 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 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. SITE PLANNING All lighting shall be installed in such a manner t'~at 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. 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 perm"t and inspections for this work shall be obtained. 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 PAGE 5 OF RESOLUTION NO. 97-13 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 lar_dscape guidelines and shall be designed to avoid runoff and overspray. Proposed common maintenance lawn areas within the project shall not exceed a maximum of 25 percent of proposed common landscaped areas. Except as otherwise noted, 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 m!nimum of five gallons in size. All landscaped areas not covered by shrubs and -xees shall be planted with live ground cover. All proposed ground cover shall be placed so that they fill in within two years. Additional trees shall be planted within the interior of the development. Not including the frontage landscaping, the project sb_all average two street trees per unit. The final placement of the trees shall be included on the final landscape plan subject to review and approval by the Planning Division and the Design Review Board. Project interior fencing shall be installed by the developer and shall be of solid wood design and shall utilize minimum 4"x 4" pressure treated Douglas Fir fence posts and 2"x 8" (minimum width and height) kickboards, unless otherwise approved by the Planning Division. All front yard landscaping (i.e., the area in front of the sideyard fences) shall be installed by the developer prior to occupancy of the unit and shall be commonly maintained by the project's homeowners' assoc:ation. The project Covenants Conditions & Restrictions (CC & Rs) shall include provisions to assure the ongoing common maintenance of these areas. The project's homeowners' association shall be responsible for the ongoing maintenance of the landscaping and stone walls along the project's Camino Ramon frontage. Additional minimum 15 inch box Coast Redwood trees shall be planted by the developer along the west property line, adjacent to the soundwall, in the sideyard or rearyard areas of Lots 1, 3, 5, 7, 9, 10 and 11. These trees PAGE 6 GF RESOLUTION NO. 97-13 10. shall be irrigated with an automatic drip irrigation system, to be maintained by the project's homeowners' association, until the trees have established themselves. The exact location of the trees and irrigation will be subject to review by the Planning Division and Des'gn Review Board as part of the final landscape plans. The project walls along the Camino Ramon frontage shall be placed so as not to obstruct vision for cars entering or exiting the project site, subject to review and approval by the City Engineer. 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. Samples of final materials, the proposed color palle:, and final architectural details shall be submitted for review and approval by the Design Review Board prior to the issuance of building permits for the project. The project CC&Rs shall provide a review and approval process by the homeowners' association for any proposed repainting or re-roofing of exteriors of the units in this project and for construction of any structures within individual yard areas. The CC & Rs shall include language consistent with the Town's rear yard trellis setback policy stating that "A trellis or patio cover, as long as not a solid roofing material, open on at least three sides, whether attached or detached with no minimum structural separation, must mai '~tain a minimum five foot side and rear yard setback. The maximum height limit of a trellis or patio structure is 15 feet. Any accessory structure or combination of structures may not occupy more than 30 percent of the rearyard area". Allowable uses within this zoning district shall be as specified under the Town' s M-12; Multiple Family Residential District. Any future architectural modifications or additions to the main residential units requires separate review and approval by the Planning Commission under a subsequent Final Development Plan application. PAGE 7 OF RESOLUTION NO. 97-13 10. 11. 12. 13 14. 15. 16. Colors and materials for the homes developed for this project shall be as shown on the colors and materials board on file with the Planning Division and presented at the public hearings for this project, unless otherwise authorized by the Town. Project unit types, colors, materials, and floor plans, shall be varied throughout the project to the extent possible to assure sufficient variety within the project. The same floor plan (unless the floor plan is reversed) and elevation shall not be located directly adjacent to or across from each o-her. The project wall along Camino Ramon shall retum back from the column adjacent to each driveway entrance. The intent is proviCe a more finished look and to provide additional privacy for adjacent units. The wall shall step down in height as it returns back from the column. The final wall design shall be subject to review and approval by the Design Review Board. The units constructed on lots 9, 10, 11, 12, 13 and 14 shall be further staggered in their distance from the driveway to provide additional variation in the relative location of garages (i.e., avoid having adjoining un"ts with the same vertical plane for the faces of the garage elevations). The pad elevations for all lots which front Camino Ramon shall not exceed a maximum of two feet above the elevation of Carnino Ramon, measured at the curb, adjacent to the lot. Earth shall be mounded up against the front (Camino Ramon) elevation of the project wall to visually reduce the mass of the wa'l. The height of the mounding shall be varied to create interest in the landscapec area. All fascia boards shall be minimum 2"x 8" in size. Architecture shall be revised to provide additioral variation in window design throughout the project, subject to final review and approval by the Design Review Board. The front elevation of Unit 3A shall be modified to simply the design. Changes shall include the reduction in height of the masonry material used on the garage and the elimination of the divided light windows, subject to final review and approval by the Design Review Board. All brick and rock elements on each unit' s front e' evation shall wrap a minimum of six feet around on the side elevations. PAGE 8 OF RESOLUTION NO. 97-13 17. Roof vents which are visible from the street elevation shall be minimized. All roof vents shall be painted a color to blend with the roof and shall be painted with a flat finish. 18. To provide additional architectural articulation, all chimney shoulders shall be raised in height to be visible over the six foot high project wall and interior fences. Final details of proposed garage door windows shall be submitted for review and approval by the Design Review Board. In additior, all garage doors shall be roll- up doors. PARKING All parking spaces shall be striped and shall '~e fronted by concrete curbs. Sufficient areas shall be provided beyond the ends of all parking spaces to accommodate the overhang of automobiles. Regulatory signage/curb painting for the non-parking side of the interior roadways shall be provided, if deemed necessary by the Town and the Fire District, to the satisfaction of the San Ramon Valley Fire Protection District and the City Engineer. No parking shah be allowed on Camino Ramon along the frontage of this property. In addition, no parking will be allowed along the east side of Camino Ramon across from the frontage of the subject prcperty. Appropriate regulatory signage to implement this restriction shall be installed by the applicant as determined necessary by the City Engineer. All common parking spaces shall be labeled "guest parking only". Residents of the project shall not be allowed to park in the guest parking spaces. The project CC&Rs shall include language which states this restriction. The language shall also include a provision to enable the project' s homeowners' association to assess a $25 daily fine for violations of this requirement. GRADING Any grading on adjacent properties will require prior written approval of those property owners affected. 2. At least one week prior to commencement of grad'ng, the applicant shall post the PAGE 9 OF RESOLUTION NO. 97-13 site and mail to the owners of property within 300 --'eet 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 individ ~als responsible for dust, noise and litter control shall be expressly identified in t'~e 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 inc2ude specific recommendations for foundation design of the proposed buildings anc 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 developer shall submit an Erosion Control Plan to the City Engineer for review and approval. This plan shall incorporate erosion control devices such as, the use of sediment traps, silt fencing, pad berming and other techniques to minimize erosion. All new development shall be consistent with modern design for resistance to seismic forces. All new development shall be in accordance with the Uniform Building Code and Town of Danville Ordinances. All 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. PAGE 10 OF RESOLUTION NO. 97-13 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 through the Erosion Control Plan (ECP) and Sto-m Water Pollution Prevention Plan (SWPPP). A NPDES construction permit ma.v be required, as 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 each day. Water flushing of site debris or sediment or concrete washing is expressly prohibited. 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 PAGE 11 OF RESOLUTION NO. 97-13 10. 11. 12. 13. subject property. Handicapped ramps shall be provided and shall be designed and located as required by the City Engineer. 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 Town of Danville Standard Plan 104 a&b. A satisfactory private road and private storm drain maintenance agreement shall be submitted for approval of the City Attorney Vior to any Town Council final approval action. All private road maintenance agreements shall include provisions for regular street sweeping. The applicant shall remove the two existing temporary street lights on the wooden PG&E pole and install two standard street lights along the Camino Ramon street frontage extending up to the intersection at Greenbrook Drive. The applicant shall install approximately 100 feet of standard public sidewalk from the northerly property line to the creek crossing to the south. The applicant will not be responsible for the re-location of the existing PT&T box which is located in the street between the site and the cree2c crossing to the south. Rather than move this box, a driveway apron, allowing access to the creek and creek trail, shall be constructed and shall be design around the box so as not to cover the box. The applicant shall install approximately 330 feet of standard public sidewalk from the northerly property line to the intersection of Greenbrook Drive. The applicant shall install a storm water inlet and a storm water pipe to convey water from the inlet to the nearby San Ramon Creek. The inlet shall be located near the curb just to the north of the existing PT&T box between the site and the creek crossing. The design of this facility shall be submitted for review and approval by the City Engineer as part of the improvement plans for the project. As part of the final map, the Town will permit vehicular access rights from Camino Ramon into this site (all access rights to Camino Ramon were previously relinquished). These rights will be granted only at the three driveways as shown on the tentative map. PAGE 12 OF RESOLUTION NO. 97-13 14. The project's homeowners' association shall be responsible for the maintenance of all common driveways and parking spaces on the site. Provisions to satisfy this requirement shall be included within the CC&Rs for the project. 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. , 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. 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. 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. Development which proposes to contribute additional water to existing drainage system shall be required to complete a hydraulic study and make improvements to the system as required to handle the expected u'timate peak water flow and to stabilize erosive banks that could be impacted by additional storm water flow. Roof drainage from structures shall be collected via a closed pipe and conveyed to an approved storm drainage facility in the street curb. No concentrated drainage shall be permitted to surface flow across sidewallcs or driveways. Any portion of the drainage system that conveys -unoff from public streets shall be installed within a dedicated drainage easemen:, or public street. If a storm drain must cross a lot, or be in an easerr~ent 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. 9. Electrical, gas, telephone, and Cable TV services, shall be provided underground PAGE 13 OF RESOLUTION NO. 97-13 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. 10. All new utilities required to serve the development shall be installed underground. 11. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. 12. Development rights for the area within the creek structural setback on the north side of the creek and the entire remaining portion of Assessors' Parcel Number 218-430-025 (approximately 404 acres located to the south of the development area), shall be dedicated to the Town of Danville. 13. A deed notification shall be recorded to run with the title to Lots 11, 12, 13, and 14 notifying the owners of these properties of the location of the structural setback line and the dedication of development rights wkhin the structural setback line. The dedication of development rights will prevent owners of these lots from building permanent structures in portions of these rear yards. 14. A deed notification shall be recorded to run with the title to Lots 11, 12, 13, and 14 notifying the owners of these properties of the existence of a public access easement and planned pedestrian creek trail at the top of the creek bank to the rear of these lots. 15. A pedestrian access easement, covering the entire parcel south of the rear fences of Lots 11, 12, 13 and 14 shall be dedicated to the Town of Danville. 16. The developer shall be responsible for the costs associated with the construction of an eight foot wide asphalt pedestrian creek trail, with two foot gravel shoulders, along the top of bank of the creek behind the rear fences of Lots 11-14. The asphalt trail shall be designed to extend to the south just over the area of the secondary channel to be filled to allow access to the west side of San Ramon Creek. The improvement plans for the project sha'_l include the design of the trail and an Engineer's cost estimate for the cost of constructing this section of trail. Prior to recordation of the final map, the app'icant shall pay the Town the estimated cost of the construction of the trail allowing for the future construction of the trail by the Town when deemed appropriate by the Town. Payment of the cost of the trail shall be the responsibility of the applicant regardless of whether or not the applicant received the necessary approvals for work within the creek from other regulatory agencies described within Condition of Approval I. 6. below. PAGE 14 OF RESOLUTION NO. 97-13 17. A deed notification shall be recorded to run with the title to all lots within this subdivision advising property owners of the possib'e occurrence of vibrations and high noise levels within these homes related to t~e site's proximity to Highway 680. MISCELLANEOUS The project shall be constructed as approved. Mir or modifications in the design, but not the use, may be approved by Staff. Any other change will require Planning Commission approval through the Development ?lan review process. The project homeowners' association, through project-specific CC&Rs, shall be responsible for maintenance of all on-site roads, pedestrian ways, common landscape areas, common fencing, the project recreation areas, internal roads and parking 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 prio' to the date recordation of the final map is requested. 3. Use of a private gated entrances are 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. Prior to issuance of building permits for the construction of homes within this project, the applicant shall submit to the Town an acoustical study, prepared by a qualified acoustical engineer, which evaluates the current andprojected future noise levels on the site and makes recommendations regarding methods of construction necessary to mitigate identified noise impacts. The recommended construction methods shall be incorporated into, and reflected on, the construction plans submitted for building permit approval. The acoustical study shall evaluate noise generated from 1-680, Camino Ramon, and with specific review of the overlap in the soundwall near the south side of the site which creates an opening to the freeway to the north. If the acoustical study determines that a horizontal extension of the soundwall is necessary in the vicinity of the overlap (or any other modifications to the soundwall if necessary), the design and construction of the extension shall be the responsibility of the developer, with said improvements subject to review and approval by Cal Trans and the Town. Prior to the issuance of gradingpermits for the pro 'ect, the applicant shall verij'5/ PAGE 15 OF RESOLUTION NO. 97-13 of Fish and Game, the U.S. Army Corps of Engineers, the U.S. Fish and Wildlife Service and the Bay Area Regional Water Quqlity Board, etc.) for the work associated with the proposed 25'+/- culvert extension within the secondary channel running along the south side of the development zone. Submittal for these various permits shall be accompanied with preparation and submittal to the Town of construction drawings detailing the nature and extent of the proposed work. The work proposed shall be guaranteed through a ~nancial instrument deemed acceptable to the Town. If the necessary approvals from the various regulatory agencies are secured in a timely fashion, construction of the culvert extension shah commence prior to the occupancy of any unit in the project and shah be completed prior to the occupancy of the seventh unit in the project. If the necessary approvals Jkom the various regulatory agencies have not been secured by the time the initial building occupancy is requested, the applicant shall submit documentation to the Town that diligent efforts are being made to obtain said approvals. Upon the Town determining that a diligent effort has been made to secure the approvals, the financial instrument provided to assure the construction of these improvements shall be converted to a cash deposit reflecting 150% of the estimated cost of the improvements. If use of this form of performance guarantee becomes necessary and authorized, the applicant shall provide the Town authorization to construct the improvements using the cash deposit, if the applicant defaults on the obligation to make the improvements. If the review process by the various regulatory agencies prompts changes to the nature and extent of the improvements in the secondary channel for the culvert extension, said revisions shall be subject to review and approval by the Town prior to their installation. If the necessary approvals cannot be secured fi'om the various regulatory agencies to extend the culvert, discharge from the obligation to install the improvements will be granted by the Town. One unit in this project shall be made available to three or four person households with incomes not exceeding the currant "moderate" income limits, as established by the State Department of Housing and Communi.-y Development (HCD) and the United States Department of Housing and Community Development (HUD). Sales price of this unit shall not exceed the maxirnum price affordable to a four- person household earning 110% of the median income established for Contra Costa and Alameda Counties. The maximum sale price shall be based on the following assumed variables; 8.0% interest rate; maximum monthly assignment of housing costs of 33% 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 initial maximum sales prices of the affordable unit may be adjusted based on PAGE 16 OF RESOLUTION NO. 97-13 annual upward adjustments to the area median income, as published by HCD and HUD and any downward adjustment to the mortgage interest rate at the time the final map is approved for the project. 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 long term affordability of the unit 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 April 22, 1997, by the following vote: AYES: NOES: ABSTAINED: ABSENT: APPROVED AS TO FORM: Combs, Hunt, Jameson, Moran, Osborn, Rapp, Bowlby City Attorney pdcz 127 PAGE 17 OF RESOLUTION NO. 97-13