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HomeMy WebLinkAbout98-32 EXHIBIT A RESOLUTION NO. 98-32 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE RECOMMENDING THE TOWN COUNCIL ADOPT A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND APPROVE PRELIMINARY DEVELOPMENT PLAN - REZONING REQUEST PUD 98-03 AND FINAL DEVELOPMENT PLAN - MAJOR SUBDIVISION REQUEST SD 8179 ALLOWING THE DEVELOPMENT OF A I 1-LOT SINGLE FAMILY PLANNED UNIT DEVELOPMENT PROJECT(APN: 203-170-009 -- MATKEN PROPERTIES) WHEREAS, Matken Properties requested approval of Preliminary Development Plan - Rezoning and Final Development Plan - Major Subdivision requests to rezone a 2.09 +/- acre site from P-1; Planned Unit Development District to a new P-l; Planned Unit Development District and to subdivide the property into 12 single family lots; and WHEREAS, as modified through conditions of approval, the proposed project will result in a total of 11 single family lots being developed; and WHEREAS, the subject site is located at the southeast corner of Old Blackhawk Road and Lacewood Way, and is further identified as Assessor's Parcel Numbers 203-170-009; and WHEREAS, the Town of Danville P~I; Planned Unit Development Ordinance requires approval of a Preliminaxy Development Plan- Rezoning request prior to approval of a Final Development Plan ~ Major Subdivision request; and WHEREAS, the Town of Danville Subdivision Ordinance requires approval of a Final Development Plan - Major Subdivision request prior to recordation of a final map; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on June 23, 1998; and WHEREAS, the public notice of this action was given in all respects as required by law; and WHEREAS, a Negative Declaration of Environmental Significance has been prepared for the project indicating that no significant environmental impacts are expected to be associated with the project; and WHEREAS, a staff report was submitted recommending that the Planning Commission recommend the Town Council approve the request; and PAGE 1 OF RESOLUTION NO. 98-32 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 that the Town Council grant a Negative Declaration of Environmental Significance and approve Preliminary Development - Rezoning request PUD 98-03 and Final Development Plan - Major Subdivision request SD 8179 per the conditions contained herein, and makes the following findings in support of this action: Preliminary Development Plan - Rezoning (PUD 98-03) The proposed Rezoning will substantially comply with the Town of Danville'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. 3. Community need has been demonstrated for the use proposed. , The proposed rezoning is consistent with the requirements of the Old Blackhawk Road Specific Plan. 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 8179) The proposed subdivision is in substantial conformance with the goals and policies of the General Plan. 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 facility services will be available to the 11 new lots. The density of the subdivision is physically suitable for the proposed density of development. PAGE 2 OF RESOLUTION NO. 98-32 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. CONDITIONS OF APPROVAL Conditions of approval with an asterisk C*") in the left-hand column are standard project conditions of approval. 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 Preliminary Development Plan - Rezoning and Final Development Plan - Major Subdivision requests allowing the creation of a maximum of 11 lots, identified as old Blackhawk Village II. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; Vesting Tentative Map labeled "Old Blackhawk Village #2," as prepared by Westfall Engineers, Inc., consisting of two sheets, dated received by the Planning Division on March 18, 1998. Project architecture, architectural details, landscape plan and tree inventory plan, consisting of 10 sheets, dated received by the Planning Division on March 18, 1998 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 pertnits are secured, and shall be paid prior to issuance of said permit and prior to any Town Council final approval action. Notice should be taken specifically of the Town's Transportation PAGE 3 OF RESOLUTION NO. 98-32 Improvement Program (TIP), Park Land In-lieu and Child Care Facilities, Flood Control & Water Conservation District (Drainage Areas and Mitigation), Sycamore Valley Mitigation Fee, Old Blackhawk Road/Camino Tassaj ara Traffic Signal reimbursement and Plan Checking and Inspection fees. Prior to the issuance of grading or building permits, the applicm~t 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 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 $l ,300 unless the project is found to be De Minimus (indicating that the project has no potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends), in which case the fee shall be $25.00. In the event that subsurface archeological remains are discovered during any construction or pre-construction activities on the site, all land alteration work within 100 feet of the find shall be halted, the Town Planning Division notified, and a professional archeologist, certified by the Society of California Archeology and/or the Society of professional Archeology, shall be notified. Site work in this area shall not occur until the archeologist has had an opportunity to evaluate the significance of the find and to outline appropriate mitigation measures, if they are deemed necessary. If prehistoric archaeological deposits are discovered during development of the site, local Native American organizations shall be consulted and involved in making resource management decisions. Construction activity shall be restricted to the period between the weekday hours of 7:30 a.m. to 5:30 p.m. (Mondays through Fridays), unless otherwise approved in writing by the City Engineer for general construction activity and the Chief Building Official for building construction activity. The applicant shall provide security fencing, to the satisfaction of the City Engineer and/or the Chief Building Official, around the site during construction of the project, as deemed necessary and appropriate. 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. PAGE 4 OF RESOLUTION NO. 98-32 A watering program which incorporates the use of a dust suppressant, and which complies with Regulation 2 of the Bay Area Air Quality Management District shall be established and implemented for all on and off-site construction activities. Equipment and human resources for watering all exposed or disturbed soil surfaces shall be supplied on weekends and holidays as well as work days. Dust- producing 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. At the time of submittal of the subdivision map and improvement plans for first plan checking, the applicant shall submit a written report on compliance with the conditions of approval of this project for the review and approval of the Director of Planning and the City Engineer. This report shall list each condition of approval followed by a description of what the applicant has provided as evidence of compliance with that condition. The report may be rejected by the Town if it is not comprehensive with respect to the applicable conditions of approval. 12. Prior to the issuance of a grading or building permit, whichever occurs first, the applicant shall reimburse the Town for notifying surrounding neighboring residents of the public hearing. The fee shall be $ 655.50 ( 874 notices x $0.75 per notice). B. SITE PLANNING * 1. All lighting shall be installed in such a manner that lighting is generally down- directed and glare is directed away from surrounding properties and rights-of-way. The location of any pad mounted electrical transformers shall be subject to review and approval by the Planning Division prior to the issuance of a building permit. To the extent feasible, such transformers shall not be located between any street and the front of a building. Any onesite wells and septic systems shall be destroyed in accordance with Contra Costa County Health Services Department - Environmental Health Division PAGE 5 OF RESOLUTION NO. 98-32 regulations. Environmental Health Division permit and inspections for this work shall be obtained. Development standards and allowable uses shall be as established for the Town's R-7; Single family Residential District Ordinance (i.e., minimum 20' frontyard setback, 15' minimum secondary frontyard setback, 5' and 10' sideyard setbacks with a minimum building-re-building separation of 15', and 20' rearyard setback). Retaining walls within the project shall be limited to a maximum height of three feet. Where retaining walls that are greater than three feet in height are proposed, multiple low walls shall be separated by at least three feet. The total number of units within the subdivision shall be reduced to 11 by eliminating one of the proposed two duet structures. The duet structure to be eliminated from this subdivision shall be constructed within the adjacent subdivision to the north (Old Blackhawk Village I) as previously approved. The unit to be built in the southwest comer of this subdivision (Lots 4) shall maintain a minimum 20 foot sideyard setback to the south and a minimum 20 foot rearyard setback to the west. Improvements shall be made to the existing pedestrian trail which connects to the east side of Ambiance Way to control pedestrian/bike traffic as it exits onto Ambiance Way. The design of this improvement shall be subject to review and approval by the Design Review Board as part of the improvement plans for the project. C. LANDSCAPING * 1. * 2. Final landscape and irrigation plans (with planting shown at 1"=20' scale) shall be submitted for review and approval by the Planning Division and the Design Review Board. 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 automatie underground irrigation system and maintained in a healthy growing condition. Irrigation shall comply with Town of Danville Landscape Ordinance/191-14 and landscape 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 PAGE 6 OF RESOLUTION NO. 98-32 common landscaped areas. All trees shall be a minimum of 15 gallon container size. All trees shall be properly staked. All remaining shrubs used in the project, which are not used as ground cover, shall be a minimum of five gallons in size. All landscaped areas not covered by shrubs and trees shall be planted with live ground cover. All proposed ground cover shall be placed so that they fill in within two years. All existing trees on the site shall be preserved to the extent practical. Removal will be allowed only upon prior written approval from the Planning Division. 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. Project CC&R's shall establish a requirement that the developer supplied street trees are to be retained and are to be incorporated into the front yard landscaping established for the respective lots. The row of pine trees along the parcel's west property line shall be preserved and incorporated into the project landscape plan. In addition, all existing trees along the project's south property line (mostly redwood trees) shall be preserved. In addition, these trees shall be preserved by future owners of the lots which contain these trees. Only trees which are in poor health and in danger of falling may be removed. Language shall be included within the CC&Rs for this development, or another mechanism found to be acceptable by the Town, which specifies this restriction on these lots. The applicant shall develop three altemative front yard landscape plans and offer them for sale to new home buyers within this subdivision. If purchased by the new home buyer, the developer shall install the landscaping within 180 days of occupancy of the unit. It the home buyer does not buy one of the landscape altematives, the new home buyer shall have front yard landscaping installed within 180 days of occupancy of the unit. This restriction shall be included in the CC&R's for the project. If a unit is completed but not sold, the developer shall install one of the front yard landscape alternatives prior to occupancy of the unit. If the four protected redwood trees within Lots 10, 11, and 12 are removed, these trees shall be replaced within this project at a 3:1 ratio. These trees shall be in addition to the trees otherwise required to be planted as part of this project. PAGE 7 OF RESOLUTION NO. 98-32 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 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. Stone treatment on the front elevation of all units shall wrap around to the fence line on the side elevations. For the duet structure to be constructed within this subdivision, the applicant may utilize either the duet unit with garages on the same elevation or the duet with garages on different elevations (intended to be constructed on corner lots). If the unit which has driveways on comer lots is utilized, the unit shall be constructed on Lots 1 or 8, and the tentative map shall be modified accordingly. The duet design and location shall be subject to review and approval by the Design Review Board prior to issuance of building permits for the project. , Colors and materials for the homes built in this development shall be as shown on the color and material boards displayed at the public hearing for this item and in file with the Planning Division. The east (secondary streetside) elevation of Plan B to be constructed on Lot 1 shall be soi~ened by including a sideyard fence along this elevation. The fence may be located 10 feet from the property line (five feet from the house) along this frontage. The exact location and design of the fence shall be subject to review and approval by the DRB prior to issuance of building permits. The brick element on the front elevation of Plan B on Lot 1 shall be wrapped around the streetside elevation and terminate at the fence line. PAGE 8 OF RESOLUTION NO. 98-32 10. On the right side of the north elevation of Plans C and D, the brick shall be kept at a lower level, similar to the height of the brick on other elevations, subject to review and approval by the DRB. In addition, the window on that elevation shall be lowered so that the bottom of the window aligns with the top of the door. PARKiNG Regulatory signage/curb painting for the non-parking side of the interior roadway shall be provided, if deemed necessary, to the satisfaction of the San Ramon Valley Fire Protection District and the City Engineer. 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, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be kept current at all times and shall consist of persons with authority to initiate corrective action in their area of responsibility. The names of individuals responsible for dust, noise and litter control shall be expressly identified in the notice. 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. PAGE 9 OF RESOLUTION NO. 98-32 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. 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. 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) concems. 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 1. The applicant shall obtain an encroachment permit from the Engineering Division PAGE 10 OF RESOLUTION NO. 98-32 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 will 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 subject property. Construction traffic shall not be allowed to access this development from Ambiance Way. The existing barrier, or a new barrier as may be directed by the Town and/or the San Ramon Valley Fire Protection District, shall be retained until completion of construction within the subdivision. Lot line adjustments with the adjacent property to the north, necessary to allow the creation of Lots 7, 8, 9 & 10 as shown on the tentative map, shall be recorded prior to recordation of the final map for this subdivision. The project street shall be public and approved to public street standards as follows: 11 meter curb-to-curb street entered within a 14-meter public street dedication with a 1.5 meter wide sidewalk on the northerly and easterly side of the roadway. The street corner knuckles shall be modified to conform with other public street PAGE 11 OF RESOLUTION NO. 98-32 knuckles where the curb radius is significantly increased on the outside curve. 10. A 2.0 meter wide public utility easement shall abut all street frontages. H. 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. * 2. 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. * 3. 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). * 4. 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, California Regional Water Quality Control Board and the United States Army Corps of Engineers codes and policies. * 5. 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 ultimate 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 sidewalks. * 7. Any portion of the drainage system that conveys runoff from public streets shall be installed within a dedicated drainage easement, or public street. * 8. If a storm drain must cross a lot, or be in an easement between lots, the easement PAGE 12 OF RESOLUTION NO. 98-32 shall be equal to or at least double the depth of the storm drain. The applicant shall furnish proof to the City Engineer of the acquisition of all necessary rights of entry, permits and/or easements for the construction of off-site temporary or permanent road and drainage improvements. 10. Electrical, gas, telephone, and Cable TV services, shall be provided underground in accordance with the Town policies and existing ordinances. All utilities shall be located and provided within public utility easements, sited to meet utility company standards, or in public streets. 11. All new utilities required to serve the development shall be installed underground. 12. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. 13. The developer shall be required to install one new streetlight at each knuckle (near Lots 1 and 8). Street light standards within this project shall utilize a Marble Light Pole with post top luminaires (schedule LS1D). 14. The proposed storm drain system shall be modified to eliminate the proposed storm drain which would carry water to the west, through the adjacent subdivision, from the rear area of Lot 4. The storm drain plan shall be modified to convey the storm water into the existing storm drain within Ambiance Way to the south. The developer shall be responsible for any necessary improvements to the existing storm drain to accommodate the additional storm water. MISCELLANEOUS 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 a revised Final Development Plan review process. Pursuant to Govemment 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 application, which action is brought within the time period provided for in Section 66499.37. The Town will promptly notify the applicant of any such claim, action, or proceeding and cooperate fully in the defense. PAGE 13 OF RESOLUTION NO. 98-32 Draft project CC&R's shall be submitted to the Town of Danville for review and approval a minimum of 30 days prior to recordation of the final map. 4. Use of a private gated entrance is expressly prohibited. The location, design and number of gang mailbox structures serving the project shall be subject to review and approval by the Design Review Board and the local Postmaster. The proposed project shall conform to the Town's Stormwater Management and Discharge Control Ordinance (Oral No. 94-19) and all applicable construction and post-construction Best Management Practices (BMPs) for the site. For example, construction BMPs may include, but are not limited to: the storage and handling of construction materials, street cleaning, proper disposal of wastes and debris, painting, concrete operations, dewatering operations, pavement operations, vehicle/equipment cleaning, maintenance and fueling and stabilization of construction entrances. Training of contractors on BMPs for construction activities is a requirement of this permit. At the discretion of the City Engineer, a Storm Water Pollution Prevention Plan (SWPPP) may be required for projects under five acres. As specified in the Public Facilities and Utilities section of the Old Blackhawk Road Specific Plan, pedestrian/equestrian improvements are to be supplied within the Specific Plan Area. The improvements yet to be constructed, which will not be in-tract-type improvements include: a pedestrian/equestrian bridge crossing over Sycamore Creek at the existing staging area on Old Blackhawk Road; a pedestrian crossing of the creek near the northern limits of the Plan Area; and general landscape/trail improvements near the existing staging area. The estimated costs for these unfunded improvements is $112,000+. Remaining undeveloped properties within the Old Blackhawk Road Specific Plan area shall be responsible for contributing a pro-rata share for the installation of the improvements. The equitable share for each development shall be based on the gross acreage; type of development and development potential of each of the remaining undeveloped properties. The precise amount of contribution shall be determined by the Town (based on engineering estimates for the improvements). The Town shall manage the bridge construction projects as CIP projects. Total costs of the bridge and abutments shall be determined by project cost estimates secured by the Town. This project shall be responsible for the provision of one unit which shall be made available to a three or four person household with "moderate" income, as established by the State Department of Housing and Community Development PAGE 14 OF RESOLUTION NO. 98-32 (HCD) and the United States Department of Housing and Urban Development (HUD). Sales price of this unit shall not exceed the maximum price affordable to a three-person or four-person household, as applicable, with 110% of the median income established for Contra Costa and Alameda Counties. The maximum sales price shall be based on the following assumed variables: 7.5% 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; homeowners' association dues of $125.00 per month; and a 30-year fixed rate mortgage. The maximum allowable percentage of down payment allowed is 15 percent. The maximum sales prices shall be tiered to the down payment made by the qualifying purchaser (based on a 4-person household), as follows: Percent Down Payment 4-Person Household 5% down payment: $219,344 10% down payment: $235,661 15% down payment: $254,571 The initial maximum sales prices of the one affordable unit may be adjusted based on 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 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. PAGE 15 OF RESOLUTION NO. 98-32 APPROVED by the Danville Planning Commission at a Regular Meeting on June 23, 1998, by the following vote: AYES: NOES: ABSTAINED: ABSENT: Combs, Jameson, Osboro, Rapp, Magliano, Moran APPROVED AS TO FORM: PAGE 16 OF RESOLUTION NO. 98-32