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HomeMy WebLinkAbout007-98RESOLUTION NO. 7-98 APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND APPROVING FINAL DEVELOPMENT PLAN - MAJOR SUBDIVISION REQUEST SD 8003 ALLOWING THE DEVELOPMENT OF A 19-LOT SINGLE FAMILY RESIDENTIAL DEVELOPMENT (NORTHEAST CORNER OF OLD BLACKHAWK ROAD AND LACEWOOD WAY -- APN: 203-160-002, 003, 004) WHEREAS, Trident Associates has requested approval of a Preliminary Development Plan - Rezoning and Final Development Plan (PUD 96-05) - Major Subdivision request (SD 8003) to rezone a 9.62 acre site from P-1; Planned Unit Development District to a new P-1; Planned Unit Development District and to create 19 residential lots; and WHEREAS, the subject site is located at the northeast corner of Old Blackhawk Road and Lacewood Way and is further identified as Assessor's Parcel Numbers 203-160-002, 003,004; and WHEREAS, the Town of Danville P-1; Planned Unit Development District requires approval of a Preliminary Development Plan prior to approval of a Final Development Plan and the approval of a Final Development Plan prior to the development of the property; and WHEREAS, a draft Negative Declaration of Environmental Significance has been prepared for the project indicating that no significant impacts are anticipated to be associated with the project; and WHEREAS, the Planning Commission did review and recommend the Town Council approve the project at a noticed public hearing on November 25, 1997; and WHEREAS, the Danville Town Council did review the project at a noticed public hearing on January 20, 1998; 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 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 PAGE 1 OF RESOLUTION NO. 7-98 RESOLVED that the Danville Town Council approves the Negative Declaration of Environmental Significance and approves the Preliminary Development Plan - Rezoning request PUD 96-05 per the conditions contained herein, and makes the following findings in support of this action: Final Development Plan - Major Subdivision 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 facilities will be available to the 19 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. 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. PAGE 2 OF RESOLUTION NO. 7-98 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. GENERAL This approval is for Preliminary Development Plan - Rezoning and Final Development Plan - Major Subdivision requests allowing the creation of a maximum of 19 lots, identified as Old Blackhawk Estates. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; Vesting Tentative Map and House Placement Plan labeled "Old Blackhawk Estates," as prepared by Luk, Milani and Associates, dated received by the Planning Division on November 14, 1997. Architectural plans and details labeled "Old Blackhawk Road," as prepared by Holman Bologna & Associates, consisting of 17 sheets, dated received by the Planning Division on November 14, 1997. Preliminary Landscape Plan labeled "Old Blackhawk Road Subdivision," as prepared by Swanson & Swanson, dated received by the Planning Division on November 14, 1997. 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 Child Care Facilities, Flood Control & Water Conservation District (Drainage Areas and Mitigation), Plan Checking, Inspection, and Sycamore Valley Benefit District fees. o 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. PAGE 3 OF RESOLUTION NO. 7-98 .. 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 $1,300 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. The applicant shall require their contractors and subcontractors to fit all internal combustion engines with mufflers which are in good condition, and to locate stationary noise-generating equipment as far away from existing residences as feasible. A watering program which incorporates the use of a dust suppressant, and which complies with Regulation 2 of the Bay Area 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 PAGE 4 OF RESOLUTION NO. 7-98 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. 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. Building setbacks for homes built on these lots shall be as follows: minimum 25' frontyard; for sideyards, a total of 25' with a minimum setback of 10'; a minimum 25' building-to-building setback; 25 foot rearyard setback, not including slopes. The public trail to be constructed between Lots 5 & 6 and 13 & 14 shall be constructed of an all weather surface, such as asphalt or decomposed granite, and shall be six feet. The precise alignment, trail section and construction materials used shall be subject to review and approval by the Planning Division in conjunction with the review of the final landscape plans. The commonly maintained landscape and open space areas on both sides of the project entry and along the Old Blackhawk Road frontage, and the pedestrian trail and landscaping between Lots 5 & 6 and Lots 13 & 14 shall be commonly PAGE 5 OF RESOLUTION NO. 7-98 maintained by the project's homeowners. A mechanism acceptable to the Town shall be established to assure the ongoing maintenance of these areas. 7. Public access easements shall be established over all project pedestrian trails. All 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. 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 o£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 shall be designed to avoid runoff and overspray. Proposed common maintenance lawn areas within the project shall not exceed a maximum of 25 percent of proposed common landscaped areas. All trees shall be a minimum of 15 gallon 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. 7. The final landscape plan shall be revised to include landscaping and automatic PAGE 6 OF RESOLUTION NO. 7-98 imgation on both sides of the pedestrian trail which runs between Lots 5 & 6 and 13 & 14, subject to review and approval by the Planning Division and the Design Review Board. The applicant shall develop three alternative front yard landscape alternatives 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&Rs for the project. If a unit is completed but not sold, the developer shall install one of the from yard landscape alternatives within 180 days of the issuance of the certificate of occupancy for the unit. Project interior fencing shall be installed by the developer and shall be of solid wood design and shall utilize minimum 4"x 4" pressure treated Douglas Fir fence posts and 2"x 8" (minimum height) kickboards, unless otherwise approved by the Planning Division. 10. All rearyard fences for Lots 1-5 shall be located at least 1' away from (north) the start of the down slope. 11. The slope area at the south side of Lots 1 and 2, labeled "Proposed Landscape Easement," shall be offered as a landscape and maintenance easement in favor of the adjacent development (APN: 203-171-008 -- GBHR). 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. 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 PAGE 7 OF RESOLUTION NO. 7-98 for the project. Plan 2B front entry columns shall be modified to lower the masonry element to the height of the masonry to the left of the entry (approximately five feet). The substituted material shall be wood lap siding, consistent with wood lap siding used elsewhere on the residence. The location of the home on Lot 6 shall be modified to maintain a minimum 10 foot setback from the edge of the pedestrian access easement. Where railings are proposed, iron railings shall be used on all stucco elevations and wood railing on elevations with wood siding. The architectural elevation of Plan 3 shall be modified to inclose the exterior stairway, subject to review and approval by the Design Review Board. PARKiNG Regulatory signage/curb painting 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 PAGE 8 OF RESOLUTION NO. 7-98 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 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) concerns. Specific measures to control sediment runoff, construction PAGE 9 OF RESOLUTION NO. 7-98 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. 11. This development shall cooperate to the extent feasible with the adjacent development to the north (APN 203-171-008 -- GBHR) related to grading along the common property line, shared rearyard fences, and drainage facilities. 12. The slope at the rear (south) portion of Lots 1 and 2 shall be modified to have a maximum steepness of 3:1. The corner slope at the southwest corner of Lot 1 shall be modified to have a rounder, more natural, appearance. G. 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 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. PAGE 10 OF RESOLUTION NO. 7-98 The Town shall reserve the right to review the appropriateness of the installation of traffic calming devices at the 90 degree le~ hand turn location on Victoria Lane within this project. INFRASTRUCTURE Domestic water supply shall be from an existing public water system. Water supply service shall be from the East Bay Municipal Utility District (EBMUD) water system in accordance with the requirements of EBMUD. All wastewater shall be disposed into an existing sewer system. Sewer disposal service shall be from the Central Contra Costa Sanitary District (CCCSD) sewer system in accordance with the requirements of CCCSD. 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, California Regional Water Quality Control Board and the United States Army Corps of Engineers codes and policies. 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. PAGE 11 OF RESOLUTION NO. 7-98 Ira 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. 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 Street light standards within this project shall utilize be Marble Light Pole with post top luminaires (schedule LS 1D). I. 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 a revised Final Development Plan review process. Conditions of this approval may require the applicant to install public improvements on land over which neither the applicant, nor the Town, has easement rights to allow for the installation of the improvements. The applicant shall be responsible for acquisition of said easement rights through private negotiations. If the applicant is unsuccessful in negotiations, the applicant may 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 application, which PAGE 12 OF RESOLUTION NO. 7-98 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. * 4. Use of a private gated entrance is expressly prohibited. * 5. 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 (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 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. If the project is over five acres in size, a Notice of Intent (NOD and Storm Water Pollution Prevention Plan (SWPPP) shall be filed with the Regional Water Quality Control Board and a copy given to the City Engineer prior to commencement of any construction activity. A SWPPP shall be prepared as part of the preparation of project improvement plans. The SWPPP shall supplement the erosion control plan prepared for the project, if one is required. These documents shall also be kept on-site while the project is under construction. 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 PAGE 13 OF RESOLUTION NO, 7-98 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 Capital Improvement Projects. Total costs of the bridge and abutments shall be determined by project cost estimates secured by the Town. As obligated by the Town's Inclusionary Housing Ordinance requirements, this 19 lot subdivision shall provide a minimum of two units which shall be made available to a "moderate" income household, as defined by the State Department of Housing and Community Development (HCD) and the United States Department of Housing and Urban Development (HUD). These units may be provided as detached units on two of the 19 lots created by this subdivision, or may be provided as two units in a duet structure, established on a reconfigured lot (the total number of units shall remain at 19 and in no case shall there be more than 19 residential lots). The sale price of these units shall not exceed the maximum price affordable to a four-person household, earning a maximum of 110% of the median income established for Contra Costa and Alameda Counties. The maximum sales price shall be based on the following assumed variables: 7.375% 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 unless otherwise authorized by the Town. The maximum sales price shall be tiered to the down payment made by the qualifying purchaser (based on a 4-person household in Danville at the time of this project approval), as follows: Percent Down Payment Maximum Allowable Sale Price 5% down payment: $237,150 10% down payment: $248,475 15% down payment: $260,900 Consistent with the staff-proposed amendment to the Inclusionary Housing Ordinance (detailed in the Planning Commission staff report dated September 9, PAGE 14 OF RESOLUTION NO. 7-98 1997), the applicant may also request Town Council authorization to comply with the project's inclusionary housing requirements by establishing for-rent below market rate (BMR) second units in five of the 19 residences within the project. If, in conjunction with its review of the proj ect's Affordable Housing Agreement, the Town Council determines that this alternate means of meeting the project's inclusionary housing requirements is acceptable, the developer shall establish the for-rent BMR second units and comply with all other applicable aspects of the amended portion of the Inclusionary Housing Ordinance. If this alternate approach is utilized, the proposed project architecture, which includes the proposed for-rent BMR second unit, shall be modified as necessary to ensure that the units remain affordable and available to the lower income market segment. The proposed second unit floor plan shall include bathroom layout modifications to physically discourage any possible future attempt to directly incorporate the second unit into the primary unit as additional living space for the primary residence. Any modifications to the project to create an affordable unit or duet units shall be reviewed and approved by the Town Council in conjunction with the approval of the project's Affordable Housing Agreement, with such review occurring prior to approval of the Final Map for the project. Such modifications to the project to provide a moderate income unit or duet units does not require review and approval by the Planning Commission. The architecture of any moderate income or duet units shall required review and approval by the Design Review Board prior to review by the Town Council. APPROVED by the Town Council at a Regular Meeting on January 20, 1998, by the following vote: AYES: Waldo, NOES: None ABSTAIN: None ABSENT: None Arnerich, Doyle, Greenberg, Shimansky MAYOR A CITY ATTORNEY adcz72 CITY CLERK PAGE 15 OF RESOLUTION NO. 7-98