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HomeMy WebLinkAbout2002-21RESOLUTION NO. 2002-21 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND APPROVING PRELIMINARY DEVELOPMENT PLAN - REZONING REQUEST PUD 2001-02 AND FINAL DEVELOPMENT PLAN REQUEST SD 8559 ALLOWING A FIVE LOT RESIDENTIAL DEVELOPMENT WITH TWO ATTACHED STUDIO UNITS (APN: 216-101-007 - RELIEZ VALLEY BUILDERS) WHEREAS, Reliez Valley Builders (Owner) and Aliquot Engineers (Applicant) have requested approval of a Preliminary Development Plan - Rezoning (PUD 2001-02) and Final Development Plan - Major Subdivision (SD 8559) request to rezone a 0.4 +/- acre site from P-1; Plarmed Unit Development District to a new P-l; Planned Unit Development District, allowing for the development of a five lot single family residential development with two attached studio units; and WHEREAS, the subject site is located on the west side of Lanrel Drive, at 70 Laurel Drive, and is further identified as Assessor's Parcel Number 216-101-007; and WHEREAS, the Town of Danville P-1; Planned Unit Development District requires approval of a Preliminary Development Plan - Rezoning prior to approval of a Final Development Plan - Major Subdivision request; and WHEREAS, the Town of Danville Subdivision Ordinance requires approval of a tentative map prior to recordation of a final map; and WHEREAS, a negative declaration of Environmental Significance has been prepared for the project indicating that no significant negative impacts are expected to be associated with the project; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on August 27, 2002; and WHEREAS, the public notice of this action was given in all respects as required by law; and WHEREAS, a staff report was submitted recommending that Planning Commission recommend the Town Council 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 RESOLVED that the Planning Commission of the Town of Danville recommend to the Town Council approve the Negative Declaration of Environmental Significance and approve Preliminary Development Plan - Rezoning (PUD 2002-02) and Final Developm~t Plan - Major Subdivision (SD 8559) request per the conditions contained herein, and makes the following findings in support of this action: Preliminary Development Plan - Rezoning: 1. The proposed Rezoning will substantially comply with the 2010 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. Final Development Plan - Mai or Subdivision: The proposed subdivision is in substantial conformance with the goals and policies of the 2010 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 facilities services will be available to the five new parcels. 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. 2002-21 CONDITIONS OF APPROVAL Conditions of approval with an asterisk ("*") 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 a Preliminary Development Plan - Rezoning (PUD 2002-02) and Final Development Plan - Major Subdivision (SD 8559) application to rezone a .47 +/- acre parcel from Downtown Business District 9 to P-i; Planned Unit Development District to a new P-l; Planned Unit Development District and to subdivide the site into five single-family lots, two of which would include an attached studio unit. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; Site plan, floor plans, and elevations labeled "Laurel Court," as prepared by Bruce Mastick, consisting of nine sheets, dated received by the Planning Division August 22, 2002. Vesting Tentative Map Subdivision 8559 titled "Laurel Grove," as prepared by Aliquot Engineering, dated received by the Planning Division on August 22, 2002. Landscape plan labeled "Laurel Grove," as prepared by Camp & Camp Associates, consisting of one sheets, dated received by the Planning Division on August 22, 2002. 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 Transportation Improvement Program (TIP) fee, Southern Contra Costa County Sub-Regional fee, Park Land In-lieu fee and Child Care Facilities fee, Flood Control & Water Conservation District (Drainage Areas and Mitigation) fee, and Plan Checking, and Inspection fees. PAGE 3 OF RESOLUTION NO. 2002-21 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 $483.00 (161 notices X $0.75 per notice x three notices). Prior to the issuance of grading or building permits, the applicant shall submit written documentation that all requirements of the San Ramon Valley Fire Protection District (SRVFPD) and the San Ramon Valley Unified School District have been, or will be, met to the satisfaction of these respective agencies. The SRVFPD's initial comments on this project are summarized in part in their memorandum dated August 17, 2001. 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 $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 ~vithin 100 feet of the find shall be halted, the Town Planning Division notified, and a professional archeologist, certified by the Society of California Archeology and/or the Society of Professional Archeology, shall be notified. Site work in this area shall not occur until the archeologist has had an opportunity to evaluate the significance of the find and to outline appropriate mitigation measures, if they are deemed necessary. If prehistoric archaeological deposits are discovered during development of the site, local Native American organizations shall be consulted and involved in making resource management decisions. Construction activity shall be restricted to the period between the weekday hours of 7:30 a.m. to 5:30 p.m. (Mondays through Fridays), unless otherwise approved in writing by the City Engineer for general construction activity and the Chief Building Official for building construction activity. The applicant shall provide security fencing, to the satisfaction of the City Engineer and/or the Chief Building Official, around the site during construction of the project. The applicant shall require their contractors and subcontractors to fit all internal combustion engines with mufflers, which are in good condition, and to locate stationary noise-generating equipment as far away from existing residences as feasible. PAGE 4 OF RESOLUTION NO. 2002-21 10. 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 workdays. Dust-producing activities shall be discontinued during high wind periods. 11. 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 conjnnction with each phase; erosion control for undeveloped portions of the site; and phasing of project grading. The phasing plan shall be subject to the review and approval of the City Engineer and Chief of Planning. 12. During the map and/or plan checking process, and prior to submittal of the Subdivision Map for Town Council approval, 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 must be signed by the applicant, and may be rejected by the Town if it is not comprehensive with reSpect to the applicable conditions of approval. 13. Allowable land uses and conditional land uses within this development shall be as allowed under the Town's M-29; Multiple Family Residential District Ordinance. 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 snbj ect to review and approval by the Planning Division prior to the issuance of a building permit. To the extent feasible, such transformers shall not be located between any street and the front of a building. Any on-site wells and septic systems shall be destroyed in accordance with Contra Costa County Health Services Department - Environmental Health Division regulations. Environmental Health Division permit and inspections for this work shall be obtained. PAGE 5 OF RESOLUTION NO. 2002-21 LANDSCAPING Final landscape and irrigation plans (with planting shown at 1"=20' scale) shall be submitted for review and approval by the Planning Division. The plan shall include common names of all plant materials and shall indicate the size that various plant materials will achieve within a five-year period of time. All plant material shall be served by an automatic underground irrigation system and maintained in a healthy growing condition. Irrigation shall comply with Town of Danville Landscape Ordinance #91-14 and landscape guidelines and shallbe designed to avoidrunoffand 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 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. If site construction activity occurs in direct vicinity of the on-site and off-site protected trees, a security deposit in the amount of the assessed value of the tree(s) shall be posted with the Town prior to the issuance of a grading permit or building permit in compliance with the Town's Tree Protection Ordinance to assure the preservation of the trees. The applicant shall be required to secure an appraisal of the condition and value of all affected trees. The appraisal shall be done in accordance with the then current addition of the "Guide for Establishing Values of Tree and Other Plants," by the Council of Tree and Landscape Appraisers under the auspices of the International Society of Arboriculture. The appraisal shall be performed by a Certified Arborist, and shall be subject to review and approval by the Chief of Planning. The security deposit shall be returned upon verification of the health of the trees following two full growing seasons after project completion. A project homeowners' association HOA or maintenance agreement shall be responsible for the maintenance of front yard landscaping within this development (i.e., all areas in front of the side yard fences). The project PAGE 6 OF RESOLUTION NO. 2002-21 covenant, conditions and restrictions (CC&Rs) shall include a mechanism to assure the regular maintenance of this area. If authorized by the Town, use of a road maintenance agreement and landscape maintenance agreement, coupled with project specific CC&Rs, may be utilized in place of the creation of a project specific HOA. An arborists report shall be prepared for the three Sycamore trees located along the project's Laurel Drive frontage. The report shall include mitigation measures to assure the health of these trees through the construction period (based on the final improvement plans) and the long term health of these trees. The arborist shall make recommendations, and be present at the site to supervise, all required trimming of these trees. 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. If signing for the development is desired, in addition to any signs approved as part of this application, a comprehensive sign program shall be submitted to the Town for consideration under a separate application. The project covenants, conditions and restrictions (CC&Rs) shall provide a review and approval process for any proposed repainting or re-roofing of exteriors of the units in this project. Any additions, or exterior structural modifications, to the units developed in this project shall be subject to review and approval by the Town through the Development Plan review process. PAGE 7 OF RESOLUTION NO. 2002-21 This development shall be required to replace the existing fence along the project's perimeter property lines with a new six-foot high solid wood fence. The new fence shall be re-located to be on the property line and shall respect setback restrictions for the Laurel Drive frontage. All fences within this project shall be constructed using pressure treated douglas fir fence posts and shall include minimum 2"x 8" kickboards (which shall also be pressure treated douglas fir). The textured pavement treatment for the flat work areas shown on the project plans, shall be interlocking paving stone. The paving material utilized, and its color, shall be subject to review and approval by the Design Review Board prior to issuance of Building Permits for the project. PARKING Regulatory signage/curb painting for the interior driveway shall be provided, if deemed necessary, to the satisfaction of the San Ramon Valley Fire Protection District and the City Engineer. All garages within the development shall be maintained and utilized for their intended purpose (i.e., to allow the parking of two cars). Language shall be included within the project's CC&Rs, which specifies these requirements and establishes a mechanism for imposition of a fine for property owners who do not comply with these restrictions. GRAD1NG 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 comxnence. The notice shall include a list of contact persons with name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be kept current at all times and shall consist of persons with authority to initiate corrective action in their area of responsibility. The names of individuals responsible for dust, noise and litter control shall be expressly identified in the notice. PAGE 8 OF RESOLUTION NO. 2002-21 Development shall be completed in compliance with a detailed soils report and the construction grading plans prepared for this project. The engineering recommendations outlined in the project specific soils report shall be incorporated into the design of this project. The report shall include specific recommendations for foundation design of the proposed buildings and shall be subject to review and approval by the Town's Engineering and Planning Divisions. Where soils or geologic conditions encountered in grading operations are different from that anticipated in the soil report, a revised soils report shall be submitted for review and approval by the City Engineer. It shall be accompanied by an engineering and geological opinion as to the safety of the site from settlement and seismic activity. All development shall take place in compliance with the Town Erosion Control Ordinance (Ord. 91-25). Restrictions include limiting construction primarily to the dry months of the year (May ttn'ough 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 modem 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 anti 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. PAGE 9 OF RESOLUTION NO. 2002-21 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. Sla'eet 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 slun'y 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. 6. Handicapped ramps shall be provided and located as required by the City Engineer. 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 Plans 104 a & b. PAGE 10 OF RESOLUTION NO. 2002-21 A satisfactory private road and private storm drain maintenance agreement or, if a homeowners' association is formed, project CC&Rs, shall be submitted for approval of the City Attorney prior to any Town Council final approval action. All private road maintenance agreements or CC&Rs shall include provisions for regular street sweeping. The development shall remove and replace all existing curb, gutter and sidewalk along the Laurel Drive street fi'ontage. The sidewalk shall be widened at the northern limits of the project to provide adequate clearance around the existing utility pole and around the three existing Sycamore trees, to the satisfaction of the City Engineer. INFRASTRUCTURE Domestic water supply shall be from an existing public ~vater 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 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. Any portion of the drainage system that conveys runoff from public streets shall be installed within a dedicated drainage easement, or public street. If a storm drain must cross a lot, or be in an easement between lots, the easement shall be equal to or at least double the depth of the storm drain. PAGE 11 OF RESOLUTION NO. 2002-21 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 i~nprovements. 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. MISCELLANEOUS The project shall be constructed as approved. Staff may approve minor modifications in the design, but not the use. Any other change will require Planning Commission approval through the Development Plan review process. The project homeowners' association, through proj ect-specific covenants, conditions and restrictions (CC&Rs), shall be responsible for maintenance of the on-site common driveway, pedestrian ways, common landscape areas, common fencing, the project recreation areas, and parking areas, conunon drainage facilities, and any project installed off-site landscaping. Alternatively, if approved by the Town, maintenance of all facilities listed above may be accomphshed through the formation private maintenance agreements. Draft project CC&Rs or maintenance agreements shall be submitted to the Town of Danville for review and approval a minimum of 30 days prior to recordation of the final map. 3. 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 To~vn's Stormwater Management and Discharge Control Ordinance (Ord. 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 PAGE 12 OF RESOLUTION NO. 2002-21 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. A statement shall be recorded to run with the deed to the properties within this subdivision which acknowledges the existence of the existing commercial use to the rear (west) of the subject site and acknowledges the occasional noise, odors, lighting and associated activities associated with this use. Consistent with the intent and requirements of California Community Development Law and, more specifically, the inclusionary housing requirements established by California Health and Safety Code sections relating Community Redevelopment, project development shall include the provision of two attached for-rent below- market-rate second dwelling units ("BMR units"). The BMR units shall be the two 400 +/- square foot second story units respectively approved for development as second story units for Lots 1 and 5 in the project. It is the intent of this approval that the BMR units are made available, at least on an intermittent basis, for occupancy by "very low" income one- or two- person households, as defined by the State Department of Housing and Community Development (HCD) and the United States Department of Housing and Urban Development (HUD). Based on a 7-unit project count, the project obligation for satisfying the very low income housing stipulations of the inclusionary housing requirements is the provision of 0.42 very low income units (i.e., 40% of 15% of the units developed are to be available to very low income households). In satisfying this obligation, it is not necessary to have the BMR units continually occupied by very low income households. The BMR units may be used as ancillary living space by members of the household occupying the principal residence to which the BMR units are attached. In the event that the BMR units are to be occupied by a non-member of the household occupying the principal residence and/or rent is charged for the BMR unit, the occupying household of the BMR unit shall be a "qualifying household", as regards maximunx allowable household income. To be determined to be a qualifying household, the household must document it has both a current household income and a household income level for the most recent tax reporting period that are at, or below, the income limits set for very low income households. PAGE 13 OF RESOLUTION NO. 2002-21 The BMR units shall be designed such that the physical layout of the individual units, and their inter-relationship with the primary unit they are respectively attached to, ensures their availability as a self-contained viable second unit. Except as otherwise provided for by this approval, the design of the BMR units shall be substantially consistent with the design parameters established for for- rent BMR units in Ordinance No. 98-04 ("Adding Section 32-73.16 of the Danville Municipal Code Relating to Second Dwelling Units in New Developments"). Where rent is assessed for the BMR units, the maximum allowable rental rate for the units shall not exceed the maximum price affordable to a household, earning a maximum of 50% of the median income established for Contra Costa and Alameda Counties, adjusted for household size (two-person household being the largest allowable household for occupancy of the units). The maximum allowable rental rate collected for the units shall be determined on an occupant-by-occupant basis. Said rental rate shall not exceed 30% of gross monthly household income of the qualifying household (which shall include an allowance of $35/month for utilities). Based on published income limits, the current maximum rental rates shall be as follows: Maximum allowable rental rate For the low income unit (after a $35/month utility allowance) One-Person Household $1,015/month Two-Person Household $1,160/month Maximum allowable rental rate For the very low income unit (after a $35/month utility allowance) $652.50/month $745.00/month An affordable housing agreement shall be prepared to address the disposition of the BMR units. The agreement shall be subject to review and approval by the To~vn Council, with said approval to be secured prior to the issuance of building permits or the approval of the Final Map, whichever occurs first. The agreement shall address issues including, but not limited to: the required term for affordability of the BMR units; the ongoing responsibilities of the property owners to report the status of the BMR units (i.e., to indicate when the units have been rented and to document the income of the occupying households); the PAGE 14 OF RESOLUTION NO. 2002-21 method to determine qualifying household income levels; and the penalties for violating the terms of the agreement. As a part of the issuance of a demolition permit and/or building permit for the project, the developer shall submit a recycling plan for building and construction materials and the disposition of green waste generated from land clearing on the site. Prior to obtaining framing inspection approval for the project, the applicant/owner shall provide the Planning Division with written documentation (e.g. receipts or records) indicating that waste materials created from the demolition of existing buildings and the construction of new buildings were/are being recycled accord/ng to their recycling plan, or in an equivalent manner. APPROVED by the Danville Planning Commission at a Regular Meeting on August 27, 2002, by the following vote: AYES: NOES: ABSTAINED: ABSENT: APPROVED AS TO FORM: City Attorney Graham, Legg, Moran, Combs, Condie, and Jameson Storer ~ Osborn ~~ Chairman PAGE 15 OF RESOLUTION NO. 2002-21