HomeMy WebLinkAbout040-98RESOLUTION NO. 40-98
AUTHORIZING THE TOWN MANAGER TO EXECUTE AN A DECLARATION OF
RESTRICTION AND AGREEMENT FOR THE CHILD CARE FACILITY SITE
REQUIRED TO BE ESTABLISHED IN PUD 96-02 AND SD 8018 "AUTUMN CREEK" -
STANDARD PACIFIC OF NORTHERN CALIFORNIA
(CAMINO TASSAJARA AT GLASGOW DRIVE)
WHEREAS, on November 6, 1996 the Danville Town Council adopted Resolution No. 150-96
approving PUD 96-02 and SD 8018 "Autumn Creek" - Standard Pacific of Northern California;
and
W-I-W~REAS, the approved project will result in the development of a 13-unit single family residential
project, which will be associated with a parcel reserved for the future development of a child care
facility and an open space parcel; and
WHEREAS, the project is located along the south side of Camino Tassajara, near the intersection
of Camino Tassajara and Glasgow Drive, being further identified as APN #207-050-019; and
WHEREAS, conditions of approval for the project linked the approval to the provision of a site
for future development of a child care facility (i.e., Lot 14) and imposed a requirement that the
developer prepare a declaration for Town review and approval that specifies the conditions related
to the development and use of the child care facility; and
WHEREAS, a draft Declaration of Restriction and Agreement ("Agreement") has been prepared and
submitted to the Town for review; and
WHEREAS, a staff report was submitted recommending that the Town Council approve the
Agreement with the following adjustments/refinements:
(1)
The maximum allowable sales price for the child care site shall be set at a below-
market-rate price and shall not exceed a per-square-foot price of $11.00;
(2)
An exhibit that ties down the size and configuration of the net useable area for the
child care facility site (which shall be the basis for a subsequent sales transaction) shall
be prepared by the developer and shall be integrated into the Agreement as an Exhibit;
(3)
The Agreement shall be modified to clearly indicate that the developer will bear the
responsibility to extend appropriately sized and situated utility service extensions to
the site (i.e., connections for sewer, water, phone, cable, electric and gas service) and
that the cost/value of such extensions shall be included in the sales price of the
property (i.e., the buyer of the property will not be required to financially compensate
the developer for these extensions);
(4)
The Agreement shall be modified to indicate that while the developer will not bear the
responsibility to install a section of architectural soundwall to provide a physical
separation/noise buffer between the exterior play area of the child care facility and
Camino Tassajara, the purchase price of the site plus the estimated cost for the
construction of the soundwall shall not exceed an aggregate amount equal to $11.00
per-square-foot. (Note: It is anticipated that the soundwall will not be constructed
until the actual layout of the child care facility is determined.); and
(s)
The Agreement shall be modified to indicate that it is the developer's responsibility
to "rough-grade" the child care facility site, as necessary, to pull the parking lot area
and building footprint up above the 100-year flood plain, now, therefore, be it
RESOLVED, that the Danville Town Council hereby finds the Agreement specifying the
development and use of the child care facility site, as modified above, to be appropriate; and be
it further
RESOLVED, that the Danville Town Council hereby authorizes the Town Manager to execute
the Declaration of Restriction and Agreement for the child care facility site with Standard Pacific
of Northern California in the form as lodged with the City Clerk, together with such changes as
may hereafter become necessary, provided such changes do not materially change the agreement
nor increase the obligations of the Town thereunder.
APPROVED by the Danville Town Council at a regular meeting on March 3, 1998, by the
following vote:
AYES: Waldo,
NOES: None
ABSTAIN: None
ABSENT: None
Arnerich, Doyle,
Greenberg, Shimansky
MAYOR
A~-gT~OVED AS TO FORM:
CITY ATTORNEY
ATTEST:
CITY CLERK
F:LPlanning\Gaileystndpcfcchldcrrres.asr
PAGE 2 OF RESOLUTION NO. 40-98