HomeMy WebLinkAbout093-98RESOLUTION NO. 93-98
APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL
SIGNIFICANCE AND FINAL DEVELOPMENT PLAN - MAJOR
SUBDIVISION REQUEST SD 8005 OVERTURNING THE
PLANNING COMMISSION'S DENIAL AND APPROVING
THE APPEAL BY WILLIAM A. WOOD ALLOWING A
FIVE LOT RESIDENTIAL DEVELOPMENT
(APN: 216-101-005 -- ATTERBURY)
WHEREAS, Bernie Atterbury (Owner) and Bill Wood (Architect) have requested approval of
a Preliminary Development Plan - Rezoning (PUD 97-06) and Final Development Plan - Major
Subdivision (SD 8005) request to rezone a 0.4 +/- acre site from P-l; Planned Unit Development
District to a new P-1; Planned Unit Development District, allowing for the development of a five
lot single family residential development; and
WHEREAS, the subject site is located on the west side of Laurel Drive, at 58 Laurel Drive, and
is further identified as Assessor's Parcel Number 216-101-005; 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, the Planning Commission did review the project at a noticed public hearing on May
12, 1998, and denied the request without prejudice; and
WHEREAS, the Planning Commission 's denial of the application was appealed by the applicant,
William A. Wood; and
WHEREAS, the Town Council did review the project at a noticed public hearing on June 16,
1998, and approved the appeal overtuming the Planning Commission's denial; 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 Town Council approve the request;
and
PAGE 1 OF RESOLUTION NO. 93-98
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 approves a Negative Declaration
of Environmental Significance and approves of the Preliminary Development Plan - Rezoning
(PUD 97-06) and Final Development Plan - Major Subdivision (SD 8005) 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 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.
Because of the relatively small size of the parcel, and the inability to aggregate the parcel
with other surrounding parcels, the proposed development is not desirable for a higher
density attached multiple family development.
,
Other properties in the area, such as the Morris/Dannenberg properties across the street
to the east, are appropriate for high density attached unit types as the aggregation of these
properties will allow a larger property size and flexibility in project design.
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 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
PAGE 2 OF RESOLUTION NO. 93-98
since this property is in an area where residential development has previously occurred.
The design of the proposed subdivision and proposed improvements will not conflict with
easements, acquired by the public at large, for access through or use of, property within
the proposed subdivision.
CONDITIONS OF APPROVAL
Conditions of approval with an asterisk C*") in the left-hand column are standard project
conditions of approval.
Unless otherwise specified, the following conditions shall be complied with prior to the Town
Council approval of the initial final map for the project. Each item is subject to review and
approval by the Planning Division unless otherwise specified.
A GENERAL
This approval is for a Preliminary Development Plan - Rezoning (PUD 97-06) and
Final Development Plan - Major Subdivision (SD 8005) application to rezone a
17,400 +/- square foot site from P-l; Planned Unit Development District to a new
P-l; Planned Unit Development District and to subdivide the site into five single
family lots. Development shall be substantially as shown on the project drawings
as follows, except as may be modified by conditions contained herein;
a,
Site plan, floor plans, elevations, and landscape plan labeled "Laurel
Court," as prepared by William Wood Architects, consisting of six sheets,
dated received by the Planning Division May 7, 1998.
bo
Vesting Tentative Map Subdivision 8005 titled "58 Laurel Court," as
prepared by DeBolt Civil Engineering, dated received by the Planning
Division on May 5, 1998.
The applicant shall pay or be subject to any and all Town and other related fees
that the property may be subject to. These fees shall be based on the current fee
schedule in effect at the time the relevant 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. 93-98
o
,
10.
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 $180.00 (240 notices X $0.75 per
notice).
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 March 27, 1998.
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 Califomia 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
PAGE 4 OF RESOLUTION NO. 93-98
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.
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; 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. The report 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.
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.
* 3.
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,
C. LANDSCAPING
PAGE 5 OF RESOLUTION NO. 93-98
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 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
number of trees along the side (noah and south) property lines, which are
proposed to be removed under the project plans referenced in condition of
approval A. 1. above, shall be retained, unless otherwise approved by the Planning
Division.
If site construction activity occurs in direct vicinity of the on-site protected trees
(see project tree survey), 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 retumed upon
verification of the health of the trees following two full growing seasons after
project completion.
The final landscape plan shall be modified to include additional tree plantings
along the side and rear property lines of this project to provide additional
screening. The exact location of the trees shall be determined in conjunction with
the completion of the final drawings for the project and shall be placed to
maximize the effectiveness of privacy screening between the windows of the unit
on Lots 4 and 5 within this development and the existing adjacent Laurel Cottages
development.
PAGE 6 OF RESOLUTION NO. 93-98
A project homeowners' association HOA shall be responsible for the maintenance
of frontyard landscaping within this development (i.e., all areas in front of the
sideyard fences). The project 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.
10
An arborists report shall be prepared for the two 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, should any major
trimming of these trees be required.
11.
Three new minimum 15 gallon Sycamore trees shall be planted on-site to replace
the thirty inch Sycamore tree proposed to be removed within Lot 3. These trees
shall be in addition to the trees shown on the project's preliminary landscape
plans.
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.
6. The project covenants, conditions and restrictions (CC&Rs) shall provide a review
PAGE 7 OF RESOLUTION NO. 93-98
and approval process for any proposed repainting or reroo~ng 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.
This development shall be required to replace the existing fence along the
project's rear (west) property line with a new six foot high solid wood fence. The
new fence shall be re-located to be on the property line.
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).
Colors for the project units shall be modified to include one additional color
scheme, including an alternate wine or burgundy colored trim color, subject to
review and approval by the Design Review Board prior to issuance of Building
Permits for the project.
10
Additional stone work shall be added to the front elevations of units within this
project so that this stone element is included on all units.
11.
The access rail cap for Unit A's second dwelling units shall be modifies to include
additional delineation, such as an accent color, subject to review and approval by
the Design Review Board prior to issuance of Building Permits for the project.
12.
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.
2. All project driveways shall have a minimum length of 20 feet.
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
PAGE 8 OF RESOLUTION NO. 93-98
comply with these restrictions.
GRADING
Any grading on adjacent properties will require prior written approval of those
property owners affected.
o
At least one week prior to commencement of grading, the applicant shall post the
site and mail to the owners of property within 300 feet of the exterior boundary of
the project site, to the homeowner associations of nearby residential projects and
to the Town of Danville Development Services Department, a notice that
construction work will commence. The notice shall include a list of contact
persons with name, title, phone number and area of responsibility. The person
responsible for maintaining the list shall be included. The list shall be kept current
at all times and shall consist of persons with authority to initiate corrective action
in their area of responsibility. The names of individuals responsible for dust, noise
and litter control shall be expressly identified in the notice.
Development shall be completed in compliance with a detailed soils report and the
construction grading plans prepared for this project. The engineering
recommendations outlined in the project specific soils report shall be incorporated
into the design of this project. The report shall include specific recommendations
for foundation design of the proposed buildings and shall be subject to review and
approval by the Town's Engineering and Planning Divisions.
Where soils or geologic conditions encountered in grading operations are different
from that anticipated in the soil report, a revised soils report shall be submitted for
review and approval by the City Engineer. It shall be accompanied by an
engineering and geological opinion as to the safety of the site from settlement and
seismic activity.
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.
PAGE 9 OF RESOLUTION NO. 93-98
Go
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
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.
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
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
PAGE 10 OF RESOLUTION NO. 93-98
10.
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.
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
104a&bo
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 Attomey 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 frontage. The sidewalk shall be widened at the
northern limits of the project to provide adequate clearance around the existing
utility pole and around the two existing Sycamore trees.
There is an existing drainage problem on the commercial project to the rear (west)
of this project where ponding occurs during heavy rainfall. Drainage for this
development shall be designed to prevent this ponding from impacting Lots 2, 3,
and 4.
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
PAGE 11 OF RESOLUTION NO. 93-98
,
10.
11.
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.
Ifa 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.
MISCELLANEOUS
The project shall be constructed as approved. Minor modifications in the design,
PAGE 12 OF RESOLUTION NO. 93-98
but not the use, may be approved by Staff. Any other change will require Planning
Commission approval through the Development Plan review process.
The project homeowners' association, through project-specific covenants,
conditions and restrictions (CC&Rs), shall be responsible for maintenance of all
on-site roads, pedestrian ways, common landscape areas, common fencing, the
project recreation areas, internal roads and parking areas, common drainage
facilities and any project installed off-site landscaping. Alternatively, if approved
by the Town, maintenance of all facilities listed above may be accomplished
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.
Use of a private gated entrance is expressly prohibited,
The location, design and number of gang mailbox structures serving the project
shall be subject to review and approval by the Design Review Board and the local
Postmaster.
The proposed project shall conform to the Town's Stormwater Management and
Discharge Control Ordinance (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,
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.
J
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 CBMR units").
PAGE 13 OF RESOLUTION NO. 93-98
The BMR units shall be the two 500+/- square foot second story units respectively
approved for development as second story units for Lots 1 and 2 in the project.
It is the intent of this approval that the BMR units be 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 maximum 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.
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 (i.e., the BMR units are
authorized by this approval to be the size shown on the project plans; must be
developed as attached units; and are authorized to use an u__ncovered parking
space), 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 $3 5/month for
PAGE 14 OF RESOLUTION NO. 93-98
utilities).
Based on published income limits, the current maximum rental rates shall be as
follows:
Maximum allowable rental rate
(after a $35/month utility allowance)
One-Person
Household
$518,75/month
Two-Person
Household
$ 597.5 O/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
Town 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 (ioe., to indicate when the units have been rented and to
document the income of the occupying households); the method to determine
qualifying household income levels; and the penalties for violating the terms of the
agreement.
APPROVED by the Danville Town Council at a regular meeting on June 16, 1998 by the
following vote:
AYES: Arnerich,
NOES: Waldo
ABSTAIN: None
ABSENT: None
Doyle, Greenberg, Shimansky
MAYOR
APPROVED AS TO FORM:
CITY ATTORNEY
ATTEST:
CITY CLERK
PAGE 15 OF RESOLUTION NO. 93-98