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HomeMy WebLinkAbout175-95RESOLUTION NO. 175-95 ADOPTING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND APPROVING PRELIMINARY DEVELOPMENT PLAN - REZONING REQUEST PUD 95-06 AND FINAL DEVELOPMENT PLAN - MAJOR SUBDIVISION REQUEST SD 7964 -- WRIGHT REAL ESTATE (APN: 206-140-002, 003) WHEREAS, Wright Real Estate has requested approval of Preliminary Development Plan - Rezoning and Final Development Plan - Major Subdivision requests to rezone a 10 +/- acre property from A-2; General Agricultural District to P-l; Planned Unit Development District and to subdivide the property to create 33 single family residential lots; and WHEREAS, the subject site is located at 1225 and 1245 Lawrence Road and is identified as Assessor's Parcel Numbers 206-140-002 & 003; and WHEREAS, the Town of Danville P-l; Planned Unit Development District requires approval of a Preliminary Development Plan - Rezoning request prior to approval of a Final Development Plan - Major Subdivision request; and WHEREAS, the Town's Subdivision Ordinance requires approval of a Major Subdivision - Tentative Subdivision Map request prior to recordation of a Final Map; and WHERF~S, the Planning Commission did review the project at noticed public hearings on October 10, 1995 and on October 24, 1995; and WHERF~S, the Planning Commission of the Town of Danville did adopt Resolution No. 95-31 recommending the Town Council approve the request; and WHEREAS, the Town Council of the Town of Danville did review the project at a noticed public hearing on November 21, 1995, and did continue the project to the Town Council's December 19, 1995 meeting for further discussion; and WHERF~S, the public notice of this action was given in all respects as required by law; and WHEREAS, a draft Mitigated Negative Declaration of Environmental Significance has been prepared for the project indicating that, as modified through project conditions of approval, no significant environmental impacts are expected to be associated with the project; and PAGE I OF RESOLUTION NO. 175-95 WHEREAS, a staff report was submitted recommending that the Town Council approve the request; and WHEREAS, the Town Council did hear and consider all reports, recommendations, and testimony submitted in writing and presented at the hearing; now, therefore, be it RESOLVED that the Town Council of the Town of Danville adopts a Mitigated Negative Declaration of Environmental Significance and approves of the Preliminary Development Plan - Rezoning and the Final Development Plan - Tentative Map request per the conditions contained herein, and makes the following findings in support of the Preliminary Development Plan - Rezoning request: The proposed Rezoning will substantially comply with the Town's 2005 General Plan. The proposed Rezoning is consistent with the Goals, Policies, and Development Standards established under the Lawrence/Leema Road Specific Plan. Sub Area 2, development Standard number 4 of the Lawrence Leema Road Specific Plan, requiring a minimum 15 acre development for the first development in sub area 2, is not applicable due to the unanticipated proposed non-residential development of the property to the north of the subject property (Fa Yurt Monastery) and the resulting lack of 15 contiguous acres in this area. The residential development authorized in the land use district are compatible within the district and to uses authorized in adjacent districts. Community need has been demonstrated for the use proposed and the off-site public improvements which will be contributed to by this development. There is no evidence before the Town that the proposed project will have potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends. and, be it further RESOLVED that the Town Council of the Town of Danville makes the following Findings in support of the Final Development Plan - Tentative Map request: The proposed subdivision is in substantial conformance with the goals and policies of the General Plan. 0 The design of the proposed subdivision is in substantial conformance with the applicable zoning regulations. PAGE 2 OF RESOLUTION NO. 175-95 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 lots created by this subdivision. 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. CONDITIONS OF APPROVAL Conditions of approval with an asterisk C*") in the left-hand column are standard project conditions of approval. Conditions of approval typed in italicized text are mitigation measures derived from the Mitigated Negative Declaration of Environmental Significance prepared for the project. Unless otherwise specified, the following conditions shall be complied with prior to the Town Council approval of the initial final map for the project. Each item is subject to review and approval by the Planning Division unless otherwise specified. A. GENERAL * 1. This approval is for Preliminary Development Plan - Rezoning request PUD 95-06 and Final Development Plan - Major Subdivision request SD 7964, which jointly serve to rezone the subject 10 +/- acre property from A-2: General Agricultural District to P-l; Planned Unit Development District and subdivide the property into 33 single family parcels. Approval of this Resolution shall not take effect until the effective date of Ordinance No. 95- 10. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; Vesting Tentative Map Preliminary and Final Development Plan, labeled "Lawrence Estates" as prepared by dk Associates, dated received by the Planning Division on November 15, 1995. b. Preliminary Landscape Plan labeled "Lawrence Estates", as prepared PAGE 3 OF RESOLUTION NO. 175-95 by Rose Associates, dated received by the Planning Division on July 13, 1995. The applicant shall pay any and all Town and other related fees that the property may be subject to. These fees shall be based on the current fee schedule in effect at the time the relevant permits are secured, and shall be paid prior to issuance of said permit and prior to any Town Council final approval action. Notice should be taken specifically of the Town's, Park Land In-lieu and Child Care Facilities fees. Prior to the issuance of grading or building permits, the applicant shall submit written documentation that all requirements of the San Ramon Valley Fire Protection District (SRVFPD) and the San Ramon Valley Unified School District have been, or will be, met to the satisfaction of these respective agencies. The SRVFPD's initial comments are contained in their letter dated July 27, 1995, on file with the Planning Division. Within ten days of the effective date of this approval, the applicant shall submit to the Town of Danville fees required to file a Notice of Determination for this project as required by AB 3185. The fee shall be $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. * 7. If deemed necessary, the applicant shall provide security fencing, to the satisfaction of the City Engineer and/or the Chief Building Official, around the site during construction of the project. * 8. The applicant shall require their contractors and subcontractors to fit all PAGE 4 OF RESOLUTION NO. 175-95 internal combustion engines with mufflers which are in good condition, and to locate stationary noise-generating equipment as far away from existing residences as feasible. A watering program which incorporates the use of a dust suppressant, and which complies with Regulation 2 of the Bay Area 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. 11o This project shall comply with all requirements established under the Lawrence/Leema Road Specific Plan. 12. For all new lots created by this subdivision, a statement shall be recorded to run with the deed of the property acknowledging the historic rural nature of the area, and the rights of surrounding property owners to continue legally established rural/agricultural uses. 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 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. 175-95 Development criteria for lots within the project in the lot size range of 7,000 to 9,000 square feet, shall be as established under the Town's R-7; Single Family Residential District standards. The typical lot and house setbacks shown on the approved tentative map are not approved as part of this permit. Development criteria for lots within the project in the lot size range of 10,000 to 11,000 square feet, shall be as established under the Town's R-10; Single Family Residential District Ordinance. The typical lot and house setbacks shown on the approved tentative map are not approved as part of this permit. Development criteria for lots within the project which are greater than 12,000 square feet in size, shall be as established under the Town's R-12; Single Family Residential District standards. The typical lot and house setbacks shown on the approved tentative map are not approved as part of this permit. Lot setbacks for the duet units shall be as shown as the typical lot and house setbacks for duet units as depicted on the approved tentative map. 0 Allowable uses and conditional uses shall be governed by the standards set forth under the Town's R-7; Single Family Residential District Ordinance. A deed restriction shall be recorded to run with the title of lots 9, 10 & 11 which acknowledges that the opens space/landscape area which these lots access through, is in an area offered for dedication to the Town of Danville as a public right-of-way, and is reserved for a possible future street extension (32 feet of pavement and curb and gutter, and path, consistent with the typical street section for the project) providing public vehicular access to the adjacent parcel to the north, as determined necessary by the City Engineer. 10. No interior street lighting shall be installed as part of this project. Low, down directed, driveway/entry lighting for individual properties, shall be subject to review and approval by the Town's Design Review Board and Planning Commission. 11. Rear yard setbacks for the homes to be built on the lots which abut the southern property line (i.e., lots 15, 16, 17, 22, 23, 29, 30, 31) shall be maximized to the extent possible. PAGE 6 OF RESOLUTION NO. 175-95 C. LANDSCAPING * 1. Final landscape and irrigation plans (with planting shown at 1"= 20' scale) shall be submitted for review and approval by the Planning Division. The plan shall include common names of all plant materials and shall indicate the size that various plant materials will achieve within a five year period of time. All plant material shall be served by an automatic underground irrigation system and maintained in a healthy growing condition. Irrigation shall comply with Town of Danville Landscape Ordinance #91-14 and shall be designed to avoid runoff and overspray. Except as otherwise provided for in these conditions of approval, all developer installed trees shall be a minimum of 15 gallon container size. All developer installed trees shall be properly staked. All developer installed remaining shrubs used in the project, which are not used as ground cover, shall be a minimum of five gallons in size. All landscaped areas not covered by shrubs and trees shall be planted with live ground cover. All proposed ground cover shall be placed so that they fill in within two years. All existing trees on the site shall be preserved to the extent practical. Removal will be allowed only upon prior written approval from the Planning Division. If site construction activity occurs in direct vicinity of the on-site and off-site protected trees, a security deposit in the amount of $5,000.00 shall be posted with the Town in compliance with the Town's Tree Protection Ordinance to assure the preservation of the trees. The security deposit shall be returned upon verification of the health of the trees following two full growing seasons after project completion. In compliance with the Town's landscape guidelines, proposed common maintenance lawn areas within the project shall not exceed a maximum of 25 percent of proposed common landscaped areas. A minimum of two street trees per lot (three for corner lots) shall be incorporated into the final landscape and irrigation plan for the project. All trees shall be minimum 24" box specimens. A slx foot wide pedestrian/equestrian trail, consistent with the design standards established by the Lawrence/Leema Road Specific Plan, shall be PAGE 7 OF RESOLUTION NO. 175-95 constructed by the developer along the Lawrence Road frontage of the project. 10. A mechanism acceptable to the Town shall be established to provide for the common maintenance of the 19.5 foot open space/landscape areas within this project. In addition, a mechanism for the common maintenance of the frontage landscaping and trail along Lawrence Road shall be established. This mechanism for common maintenance shall be shall be approved to the satisfaction of the Planning Division prior to recordation of the final map for the project. 11. The developer shall develop a minimum of three landscape alternatives for front yard landscaping. The landscape alternatives shall be submitted for review and approval by the Town's Design Review Board and Planning Commission prior to issuance of Building Permits for the project. Home buyers shall have the option of purchasing a landscape alternative of their choice to be installed by the developer. If a landscape scheme is not purchased and installed by the developer, street trees shall be installed by the developer as required. All front yard landscaping shall be installed within six months of completion of the unit or within six months of occupancy by the homeowner, whichever comes first. The CC&Rs for the project shall be modified to reflect this condition and shall be submitted for review and approval by the Town prior to issuance of building permits. 12. The final design of the landscape treatment, path design and location, and fence (if included) design for the interior open space/landscape strip shall be subject to review and approval by the Design Review Board and Planning Commission prior to the issuance of Building Permits for this project. The schematic landscape renderings on file with the Planning Division and displayed at the 10/24/95 Planning Commission meeting are not specifically approved at this time. Any proposed fences within the open space/ landscape strip shall be of an open, split rail design. 13. A Public Access Easement, dedicated to the Town of Danville, shall be established over the entire Parcel A within this project. In addition, language shall be developed to run with the title to the lots with frontage along Parcel A which describes that this parcel is for common public use, and may not be reserved for private use, privately maintained by individual property owners, or developed with private landscaping or structures installed by individual property owners. This language shall be submitted for review and approval by the City Attorney prior to the recordation of the final map. PAGE 8 OF RESOLUTION NO. 175-95 D. ARCHITECTURE * 1. 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. Architectural elevations, details, samples of materials, and the proposed color pallet shall be submitted for review and approval by the Design Review Board and Planning Commission prior to issuance of building permits for the project. A minimum of four different units, each with a minimum of two elevation types, shall be developed for the project. A plotting plan for the units within the subdivision shall be submitted for review and approval as part of the architectural package. Samples of final materials and the proposed color pallet shall be submitted for review and approval by the Design Review Board and Planning Commission prior to the issuance of building permits for the project. No project signage is authorized as part of this approval. If signing for the development is desired, a comprehensive sign program shall be submitted to the Town for consideration under a separate application. E. GRADING * 1. 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. 3. Development shall be completed in compliance wi.th a detailed soils report PAGE 9 OF RESOLUTION NO. 175-95 and the construction grading plans prepared for this projecL 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. The soils report shall include an analysis of possible contamination of the soils related to the past use of the property as a commercial nursery. Where soils or geologic conditions encountered in grading operations are different from that anticipated in the soil report, a revised soils report shall be submitted for review and approval by the City Engineer. It shall be accompanied by an engineering and geological opinion as to the safety of the site from settlement and seismic activity. All development shall take place in compliance with the Town Erosion Control Ordinance (Ord. 91-25). Restrictions include limiting construction primarily to the dry months of the year (May through October) and, if construction does occur during the rainy season, the use of sediment traps and other devices to minimize erosion. 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. o 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. 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. A NPDES construction permit may be required, as PAGE 10 OF RESOLUTION NO. 175-95 determined by the City Engineer. F. STREETS * 1. The applicant shall obtain an encroachment permit from the Engineering Division prior to commencing any construction activities within any public right-of-way or easement. Street signing shall be installed by the applicant as may be required by the City Engineer° Traffic signs and parking restriction signs which may be required to be installed shall be subject to review and approval by the Transportation Division and the Police Department. All mud or dirt carried off the construction site onto adjacent streets shall be swept or water-flushed each day. Any damage to street improvements now existing or done during construction on or adjacent to the subject property shall be repaired to the satisfaction of the City Engineer, at full expense to the applicant. This shall include slurry seal, overlay or street reconstruction if deemed warranted by the City Engineer. All improvements within the public right-of-way, including curb, gutter, paths, driveways, paving and utilities, shall be constructed in accordance with approved standards and/or plans and shall comply with the standard plans and specifications of the Development Services Department and Chapters XII and XXXI of the Town Code. At the time project improvement plans are submitted, the applicant shall supply to the City Engineer an up-to-date title report for the subject property. Public streets shall be improved to the standards in #G.5. above. Private streets shall be improved to public street structural standards. Private street improvements, and their dimensions, shall be as shown on the project plans identified in #A. 1. above and shall conform to Standard Plan 104 a & b. 0 The owners of Lots 9 & 10 shall be jointly responsible for the maintenance of shared driveways in this area. A maintenance agreement shall be developed and imposed on these lots, and shall be subject to review and approval by the Planning Division prior to the recordation of the final map. o The proposed interior street width of 30 feet from curb face to curb face will require parking to be restricted to one side of the roadway only. No red curbs shall be required to enforce this restriction. Minimal signage, maximum one sign per block, to set forth the parking restriction, may be PAGE 11 OF RESOLUTION NO. 175-95 installed as found to be necessary by the City Engineer. Go INFRASTRUCTURE * 1. Domestic water supply shall be from an existing public water system. Water supply service shall be from the East Bay Municipal Utility District (EBMUD) water system in accordance with the requirements of EBMUD. EBMUD's initial comments on this project are summarized within their memorandum dated July 31, 1995. o All wastewater shall be disposed into an existing sewer system. Sewer disposal service shall be from the Central Contra Costa Sanitary District (CCCSD) sewer system in accordance with the requirements of CCCSD. CCCSD's initial comments on this project are summarized within their letter dated July 26, 1995. o Drainage facilities and easements shall be provided to the satisfaction of the City Engineer and/or the Chief Engineer of the Contra Costa County Flood Control & Water Conservation District (CCCFC & WCD). All required improvements to area creeks for drainage purposes shall meet the requirements of existing Town of Danville, Contra Costa County Flood Control & Water Conservation District, the Department of Fish & Game, the Department of U.S. Fish and Wildlife, and the United States Army Corps of Engineers codes and policies. Prior to recordation of the final map for the project, a complete a hydraulic study shall be completed detailing ultimate storm drain improvement requirements for the entire Lawrence Road drainage area. Ail runoff from this project shall be intercepted at the project boundary and shall be collected and conducted via an approved drainage method, as detailed through the required drainage study, to an existing improved system or a natural storm drainage system with existing sufficient capacity, as determined by the City Engineer. In conjunction with the issuance of grading or improvement plan for the project, all required off- site drainage improvements shall be installed to the satisfaction of the City Engineer. Prior to recordation of the final map for the project, the applicant shall submit to the Town documentation that run-off from this project will not exceed the flow restriction of 4,670 cubic feet per second for Alamo Creek at the Contra Costa County/Alameda County Line. If development of this project will result in afl ow of greater than 4,670 cubic feet per second, than mitigation to reduce the flow to not exceed the flow restriction level shall be completed prior to the issuance of grading or improvement plan PAGE 12 OF RESOLUTION NO. 175-95 10. 11. 12. 13. 14. 15. permits for this project. A statement shall be recorded to run with the deed of all lots created by this subdivision which notifies future property owners of the planned future benefit district for the area. Roof drainage from structures shall be collected via a closed pipe and conveyed to an approved storm drainage facility of the street curb. No concentrated drainage shall be permitted to surface flow across paths. Any portion of the drainage system that conveys runoff from public streets shall be installed within a dedicated drainage easement, or public street. If a storm drain must cross a lot, or be in an easement between lots, the easement shall be equal to or at least double the depth of the storm drain. The applicant shall furnish proof to the City Engineer of the acquisition of all necessary rights of entry, permits and/or easements for the construction of off-site temporary or permanent road and drainage improvements. Electrical, gas, telephone, and Cable TV services, shall be provided underground in accordance with the Town policies and existing ordinances. All utilities shall be located and provided within public utility easements, sited to meet utility company standards, or in public streets. All new utilities required to serve the development shall be installed underground. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. A Storm Water Pollution Prevention Plan (SWPPP) shall be prepared as part of the preparation of project improvement plans to assure prevention of construction related silt and pollutants from leaving the site and polluting the downstream water courses. The SWPPP shall supplement the erosion control plan prepared for the project. In addition to on-site improvements, this development shall guarantee the installation of off-site improvements as generally identified as Phase 1 improvements within Chapter 6 (Public Facilities) of the Lawrence/Leema Road Specific Plan. These improvements shall include the extension of a water line and appurtenant structures down Lawrence Road to just south of Hidden Hills Road, all identified sewer improvements (i.e., sewer line extension to the southern terminus of Lawrence Road and a pump station and line which would pump the sewage back to the main line under Camino Tassajara, and appurtenant structures), and a two inch asphalt PAGE 13 OF RESOLUTION NO. 175-95 overlay for all of Lawrence Road (in compliance with the suburban and rural road sections defined within the Lawrence/Leema Road Specific Plan) as determined necessary by the City Engineer. The Specific Plan Phase 1 improvements may be guaranteed based on a phasing plan approved by the Oty Engineer. The initial phase of the project shall guarantee and construct the Specific Plan Phase 1 improvements and may reduce the construction and guaranteed amount by the cost of the sewer main, street, and storm drain improvements in the Specific Plan Phase 2 area. The sewer pump shall be guaranteed with the initial phase of the project for an amount equal to 150 percent of the estimated construction costs. The second phase of the development shall guarantee the construction of the remainder of the Specific Plan Phase 1 sewer, street, and storm drain improvements. The initial phase shall not constitute more than 50 percent.of the value of the entire project. This condition does not preclude use of a Mello-Roos assessment district, as detailed within the Lawrence/Leema Road Specific Plan. 16. A Benefit Fee District may be formed for the purpose of collecting funds from properties which may benefit from the construction of the required off-site public improvements. The formation of the Benefit District, should it occur, must be before construction of off-site improvements. 17. If other developers in the area construct the above described off-site public improvements (i.e., improvements cited in Condition of Approval G. 15 above), then this development will be subject to participation in a Benefit Fee District, if formed, prior to issuance of building permits for the project. 18. The east-west storm drainage system shall be relocated from that shown on the tentative map by installing it within appropriate easements abutting the proposed sanitary sewer system. H. MISCELLANEOUS * 1. The project shall be constructed as approved. Minor modifications in the design, but not the use, may be approved by Staff. Any other change will require Planning Commission approval through the Revised Final Development Plan review process. Conditions of this approval may require the applicant to install public improvements on land neither the applicant, nor the Town, has easement rights to allow the improvements to be installed upon. The applicant shall be responsible for acquisition of said easement rights through private PAGE 14 OF RESOLUTION NO. 175-95 negotiations. If the applicant is unsuccessful in negotiations, the applicant shall apply to the Town for use of eminent domain powers in accordance with Town Resolution No. 78-85. All easement rights shall be secured prior to Town Council final approval of any subdivision map. All costs associated with such acquisition shall be borne by the applicant. Pursuant to Government Code section 66474.9, the applicant (including the applicant or any agent thereof) shall defend, indemnify, and hold harmless the Town of Danville and its agents, officers, and employees from any claim, action, or proceeding against the Town or its agents, officers, or employees to attack, set aside, void, or annul, the Town's approval concerning this Preliminary Development Plan -Rezoning and Final Development Plan - Major Subdivision application, which action is brought within the time period provided for in Section 66499.37. The Town will promptly notify the applicant of any such claim, action, or proceeding and cooperate fully in the defense. Use of a private gated entrance to this project off of Lawrence Road is expressly prohibited. The location, design and number of gang mailbox structures serving the project shall be subject to review and approval by the Design Review Board and the local Postmaster. Four units in this project shall be made available to three or four persons households with "moderate" incomes, as established by the State Department of Housing and Community Development (HCD) and the United States Department of Housing and Community Development (HUD). Sales prices of these units shall not exceed the maximum price affordable to three- person or four-person households, as applicable, with 110% of the median income established for Contra Costa and Alameda Counties. The maximum sales prices shall be based on the following assumed variables; 8.25% interest rate; maximum monthly assignment of housing costs of 35% of gross monthly income; taxes at 1.25% of the purchase price of the home; homeowner's association dues of $125.00/month; and 30-year fixed rate mortgage. The maximum sales prices shall be tiered to the down payment made by the qualifying purchaser, as follows: % Down payment Three-person household Four-person household 5% down payment $179,880 $201,645 10% down payment $188,535 $211,350 PAGE 15 OF RESOLUTION NO. 175-95 15% down payment $198,075 $222,040 20% down payment $208,620 $233,870 The maximum sales prices may be adjusted based on annual upward adjustments to the area median income, as published by HCD and HUD. The developer shall enter into a formal agreement with the Town which specifies the maximum income of the buyers, regulates the terms of occupancy, resale or any other restriction deemed necessary to assure the continued affordibility of the units to moderate income households. This agreement shall be subject to approval by the Town Council prior to recordation of the initial Final Map for the project. Final project details, as specified within conditions of approval C.11, D.3, D.4, and D.11, shall be subject to review and final approval by the Planning Commission. All specified final details shall be submitted for review and approval as one comprehensive package. APPROVED by the Danville Town Council at a Regular Meeting on December 19, 1995, by the following vote: AYES: NOES: None ABSTAIN: None ABSENT: None Greenberg, Shimansky, Arnerich, Doyle, Waldo MAYOR APPROVED AS TO FORM: ATTEST: CITY ATTORNEY CITY CLERK adcz47 PAGE 16 OF RESOLUTION NO. 175-95