HomeMy WebLinkAbout97-15 EXHIBIT A
RESOLUTION NO. 97-15
A RESOLUTION OF THE DANVILLE PLANNING COMMISSION
RECOMMENDING THAT THE TOWN COUNCIL ADOPT A
MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL
SIGNIFICANCE AND APPROVE PRELIMINARY DEVELOPMENT
PLAN - REZONING REQUEST PUD 96-04 AND FINAL DEVELOPMENT
PLAN - MAJOR SUBDIVISION REQUEST SD 8014 ALLOWING
THE DEVELOPMENT OF A 48 UNIT APARTr/IENT PROJECT
WHEREAS, Castle Construction Company, Inc. has requested approval of a Preliminary
Development Plan - Rezoning request and Final Development Plan - Major Subdivision request
to rezone a 2.3 +/- acre site from M-12; Multiple Family Residential District to P-l; Planned Unit
Development District and to subdivide the property to allow fo- the development of a 48 unit
apartment project on a 2.3 +/- acre site; and
WHEREAS, the subject site is located on the northwest comer o~ San Ramon Valley Blvd. and
Podva Lane and is further identified as Assessor's Parcel Numbers 207-011-004, 010; and
WHEREAS, the Town of Danville P-l; Planned Unit Development District Ordinance requires
approval of a Preliminary Development Plan - Rezoning and Final Development Plan - Major
Subdivision request prior to development of the site; and
WHEREAS, a draft Mitigated Negative Declaration of Environmental Significance has been
prepared for this project indicating that, as amended through pro: ect revisions or recommended
conditions of approval, no significant adverse environmental impacts are anticipated to be
associated with this project; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing on May
13, 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 Plar ning Commission approve the
request; and
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
PAGE 1 OF RESOLUTION NO. 97-15
RESOLVED that the Planning Commission of the Town of Danville recommends the adoption
of a Mitigated Negative Declaration of Environmental Sigri~cance and approval of the
Preliminary Development Plan - Rezoning request (PUD 96-04) and Final Development Plan -
Major Subdivision request (SD 8014) per the conditions cot rained herein, and makes the
following findings in support of this action:
Preliminary Development Plan - Rezoning:
1. The proposed project is consistent with the Danville 2005 General Plan.
The uses authorized or proposed in the land use district are compatible within the district
and to uses existing or proposed in adjacent districts.
3. Community need has been demonstrated for the use proposed.
o
Based on the completion of the Initial Study of Environmer_tal 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:
The proposed subdivision is in substantial conformance wi-h 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 associatec improvements will not likely
cause serious public health problems because water and sanitary facilities services will be
available to the new parcels.
o
The density of the subdivision is physically suitable for the proposed density of
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 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.
PAGE 2 OF RESOLUTION NO. 97-15
CONDITIONS OF APPROVAL
Conditions of approval with an asterisk ("*") in the left-hand column are standard project
conditions of approval.
Optional additional language:
Conditions of approval typed in italicized text are mitigation meast-res 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
This approval is for a Preliminary Development Plan - Rezoning request (PUD 96-
04) and Final Development Plan - Major Subdivision request (SD 8014) rezoning
a 2.33 acre property from M-12; Multiple Family Residential District to P-l;
Planned Unit Development District allowing the development of 48 apartment
units. The development is also known as Podva Road Apartments. Development
shall be substantially as shown on the project drawings as follows, except as may
be modified by conditions contained herein:
a,
Preliminary Landscape Plan labeled" ?odva Road Apartments", as
prepared by Swanson & Swanson Landscape Architects, dated received by
the Planning Division on May 7, 1997.
b,
Preliminary Architectural Plans and Floor Plans labeled "Podva Road
Apartments", consisting of two sheets, as prepared by Hollman Bologna
& Associates, dated received by the Planrang Division on May 7, 1997.
Tentative Subdivision Map labeled "Subdivision 8014 -- Podva Road
Apartments", as prepared by DeBolt Civil ]Engineering, dated received by
the Planning Division on May 7, 1997.
d,
Existing Tree Preservation Plan labeled "Podva Road Apartments", as
prepared by Swanson & Swanson Landscape Architects, dated received by
the Planning Division on May 7, 1997.
PAGE 3 OF RESOLUTION NO. 97-15
The applicant shall pay or be subject to 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 Residential
Transportation Improvement Program (RTIP), Southern Contra Costa Regional
Fees for Road Improvements, Park Land In-lieu, Child Care Facilities, Contra
Costa County Flood Control & Water Conservation District (Drainage Areas and
Mitigation), 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 Uni:Sied School District have been,
or will be, met to the satisfaction of these respect' ve agencies.
The applicant shall submit to the Town of Danvii e fees required to file a Notice
of Determination for this project as required by AB 3185. 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 cons:ruction 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
PAGE 4 OF RESOLUTION NO. 97-15
feasible. Warming of construction equipment and/or servicing such equipment
shall occur only within the authorized work periods (see Condition of Approval
a.6.).
A watering program which incorporates the use ot: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-pkases 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 ~emporary vehicular turnaround
shall be provided at the end of the completed section of roadway to allow
separation of resident traffic and construction traffic.
11.
Allowable uses within this zoning district shall be as specified under the Town's
M-19; Multiple Family Residential District.
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 no: 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 - E'~vironmental Health Division
regulations. Environmental Health Division permit and inspections for this work
shall be obtained.
PAGE 5 OF RESOLUTION NO. 97-15
C. 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 end 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 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.
All trees shall be a minimum of 15 gallon cot tainer 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 :rees shall be planted with live
ground cover. All proposed ground cover shall be placed so that they fill in within
two years.
Existing trees on the site shall be preserved to the extent practical. In addition to
several Walnut trees and Pine trees, this permit autb_orizes the removal of one Oak
tree and three Redwood trees, as indicated on the Existing Tree Preservation Plan
prepared for the project.
The tree preservation plan shall be updated to provide tree-specific preservation
measures for those existing trees to be retained within the project. The
recommendations of this supplemental report shah be incorporated into the final
design and construction of the project.
For site construction activity which will occurs in direct vicinity of the on-site and
ofycsite protected trees (see project tree survey), a security deposit in the amount
of $5, 000. O0 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.
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
PAGE 6 OF RESOLUTION NO. 97-15
D,
posts and 2"x 8" (minimum width and height) kickboards, unless otherwise
approved by the Planning Division
o
This project shall be responsible for the replacemer.t of existing perimeter fencing
between the site and the property on the north side of the site and between the site
and the two properties on the southwest side of the site. The fence on the north
property line shall be six foot high with a 1.5 foot high trellis top. All fencing
shall be constructed as required by the above condition.
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.
Proposed locations of air conditioning units or ar.y other mechanical equipment
shall included on the final architectural plans and shall be subject to review and
approval by the Planning Division and the Desigr Review Board.
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.
If a project identification sign for the developmet t is desired, the proposed sign
shall be submitted for review by the Town under a separate Sign Review
application.
The project covenants, conditions and restrictions (CC&Rs) shall provide a review
and approval process for any proposed repainting or reroofing of exteriors of the
units in this project.
Any future architectural modifications to the units requires separate review and
approval under a subsequent Final Development ?lan application.
PAGE 7 OF RESOLUTION NO. 97-15
o
Colors and materials for the apartment buildings 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.
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.
10.
The built-up stucco molding around unit windows shall be painted to match the
adjacent body color.
11. A minimum of two different roof materials shall '~e used in this project.
12.
Through the preparation of the final working drawings, efforts shall be made to
maximize the storage areas available to all units, including the closet storage on
the patio/balcony areas and the development of overhead areas within garages.
PARKING
All parking spaces shall be striped and provided with wheel stops unless they are
fronted by concrete curbs, in which case sufficient areas shall be provided beyond
the ends of all parking spaces to accommodate the overhang of automobiles.
Where authorized, compact car spaces shall be clea:ly designated with appropriate
pavement marking or signage. Compact spaces sk all be no less than 8 feet by 16
feet in size, including allowable overhang.
Regulatory signage/curb painting for the non-parking side of the interior loop
roadway shall be provided, if deemed necessary by the Town (in advisement with
the San Ramon Valley Fire Protection District).
All common parking spaces shall be established, and maintained, with labeling
indicating "guest parking only". Residents of the project shall not be allowed to
park in the guest parking spaces. The project CC&Rs and/or rental agreements
shall include language which states this restriction. Language shall also include
a provision to enable the project's homeowners' association to assess a $25 daily
fine for violations of this restriction.
PAGE 8 OF RESOLUTION NO. 97-15
Fo
GRADING
o
o
Any grading on adjacent properties will require prior written approval of those
property owners affected.
At least one week prior to commencement of grad:ng, the applicant shall post the
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 f~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 include 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 lirriting 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.
PAGE 9 OF RESOLUTION NO. 97-15
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.
o
If toxic or contaminated soil is encountered during construction, all construction
activity in that area shall cease until the approp-iate 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. Runoff from
any contaminated soil shall not be allowed to enter any drainage facility, inlet or
creek.
10.
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 Storm Water Pollution Prevention
Plan (SWPPP). A NPDES construction permit may 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 skall include slurry seal, overlay
PAGE 10 OF RESOLUTION NO. 97-15
or street reconstruction if deemed warranted by tke 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.
Handicapped ramps shall be provided and located as required by the City
Engineer.
Public streets shall be improved to the standards :_n #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 developer shall be responsible for the insta'lation of street improvements
along San Ramon Valley Blvd. and both sections of Podva Road. The
improvements required to be built include:
a,
b,
c,
San Ramon Valley Blvd.
I. Widen the street paving to match the widening occurring on both
sides of this project.
ii. Install curb and gutter.
iii. Install sidewalk to match the existing abutting sidewalk.
iv. Install one new street light.
Podva Road (both sections)
I. Widen the street paving to matck the existing improved street
section (40' curb to curb).
ii. Install curb and gutter.
iii. Install sidewalk. Curb, gutter and sidewalk shall be extend along
the frontage (approximately 60 feet) of the property to the west of
the main project entry to connect w~th the existing sidewalk to the
west.
drainage facilities to conform to the new
Modify the existing
improvements
The developer shall be required to dedicate lot frontage to the Town of Danville
to accommodate the roadway improvements required by the above condition.
PAGE 11 OF RESOLUTION NO. 97-15
10.
The developer shall be responsible for the under grounding of the existing power
poles along the east/west section of Podva lane alor. g the frontage of this property.
11.
The developer shah be responsible for the installation of a new three-way traffic
signal at the south intersection of Podva Lane and ,San Ramon Valley Blvd. If
authorized by the Town Council, the Town's Residential Traffic Impact Program
fees collected fi'om this project may be waived in exchange for the developers
installation of the signal in association with this project. The amount of the fee
waiver shall not exceed the cost of the traffic signal.
12.
The access points into the project, on the westem st-etch of Podva Lane and on the
southern stretch of Podva Lane, designated on the project plans as Emergency
Vehicle Access (EVA),shall be modified to allow unlimited vehicular access.
Unlimited access to the driveway designated as a'~ EVA on the southern stretch
of Podva Lane shall be subject to review and approval by the City Engineer to
assure that ingress and egress can occur in a safe manner at this location.
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 (CCCFC & WCD).
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 ukimate 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 c'.trb. No concentrated drainage
PAGE 12 OF RESOLUTION NO. 97-15
shall be permitted to surface flow across private or public sidewalks or interior
roadways or parking areas.
Any portion of the drainage system that conveys -unoff from public streets shall
be installed within a dedicated drainage easemen:, or public street.
Ifa 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.
o
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.
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.
If a common carwash area is created to serve the project, the waste water created
by washing cars shall be directed to the sewer collection system rather than the
storm water collection system, unless otherwise a.tthorized by the SWPPP.
MISCELLANEOUS
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 for the installation of the improvements. The applicant shall be
responsible for acquisition of said easement rights through private negotiations.
If the applicant is unsuccessful in negotiations, t~e 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.
PAGE 13 OF RESOLUTION NO. 97-15
,
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 wif l promptly notify the applicant
of any such claim, action, or proceeding and cooperate fully in the defense.
In the case that the project is converted to individually owned condominium units,
a homeowners' association shall be formed for this development. The project
homeowners' association, through project-specific covenants, conditions and
restrictions (CC&Rs), shall be responsible for maintenance of all on-site roads,
pedestrian ways, common landscape areas, common fencing, the project recreation
areas, intemal roads and parking areas, common drainage facilities and any project
installed off-site landscaping, and the maintenance and upkeep of the exterior of
all structures in the project. Draft project CC&Rs shall be submitted to the Town
of Danville for review and approval a minimum of 30 days prior to the individual
sale of any of the units.
Use of a private gated entrance is expressly prohi3ited.
The final location and design of the gang mailbox structures serving the project
shall be subject to review and approval by the P arming Division and the local
Postmaster. The structure shall be designed to be compatible, or integrated into,
the architecture of the adjacent building.
A deed notification (or rental notification as appropriate) shall be recorded to run
with the title to all lots within this developmen: advising occupants or future
owners of the possible occurrence of vibrations anC high noise levels within these
units related to the site's proximity to Highway 680.
Prior to issuance of building permits for the construction of homes within this
project, the applicant shah 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 shah be incorporated into, and reflected on, the
construction plans submitted for building permit approval.
PAGE 14 OF RESOLUTION NO. 97-15
Seven units in this project shall be made available to households with incomes not
exceeding the current "moderate" income limits, as established by the State
Department of Housing and Community Development (HCD) and the United
States Department of Housing and Community Development (HUD). For the
period that the project is operated as an apartment complex, rental prices for these
units shall not exceed the maximum price affordable to households earning 110%
of the medium income established for Contra Costa and Alameda Counties,
adjusted to reflect household size. The maximum rental price shall not exceed
30% of gross monthly household income after a t~tility allowance. If the project
is converted to a for-sale condominium project, f~e sales price of the units shall
not exceed the maximum price affordable to ho'.tseholds earning 110% of the
median income established for Contra Costa and Alameda Counties (providing for
two-person households for the one-bedroom units and three-person households for
the two bedroom units). In the case of sales, the maximum sale price shall be
based on the following assumed variables: 8.0% ir.terest rate; maximum monthly
assignment of housing costs of 33 % of gross mont ~ly household 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 rental and sales prices of affordable units may be adjusted
based on annual upward adjustments to the area rr~edian income, as published by
HCD and HUD. In the case of sales of the affordable units, the sales price may
also be adjusted upwards to reflect any downwa-d 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 renters and buyers, regMates the terms of occupancy,
resale or any other restriction deemed necessary to assure the long term
affordability 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 or issuance of building permi:s, whichever occurs first.
PAGE 15 OF RESOLUTION NO. 97-15
APPROVED by the Danville Planning Commission at a Regular Meeting on March 13, 1997,
by the following vote:
AYES: Combs, Hunt, Jameson, Osborn, Rapp, Bowlby
NOES:
ABSTAINED:
ABSENT: Moran
Chai'man
APPROVED AS TO FORM:
City Attorney ~ Ch~f~/P~
f Planning
pdcz 128
PAGE 16 OF RESOLUTION NO. 97-15