HomeMy WebLinkAbout105-02RESOLUTION NO. 105-02
APPROVING A NEGATIVE DECLARATION OF
ENVIRONMENTAL SIGNIFICANCE AND APPROVING
FINAL DEVELOPMENT PLAN - MAJOR SUBDIVISION
REQUEST SI) 8559 ALLOWING A FIVE LOT
RESIDENTIAL DEVELOPMENT WITH TWO
ATTACHED STUDIO UNITS
(APN: 216-101-007 - RELIEZ VALLEY BUILDERS)
WHEREAS, Reliez Valley Builders (Owner) and Aliquot Engineers (Applicant) have
requested approval of a Preliminary Development Plan - Rezoning (PUD 2001-02) and
Final Development Plan- Major Subdivision (SD 8559) request to rezone a 0.4 +/- acre site
from P-l; Planned Unit Development District to a new P-l; Plarmed Unit Development
District, allowing for the development of a five lot single family residential development
with two attached studio units; and
WHEREAS, the subject site is located on the west side of Laurel Drive, at 70 Laurel Drive,
and is further identified as Assessor's Parcel Number 216-101-007; and
WHEREAS, the Town of Danville P-l; Planned Unit Development District requires
approval of a Preliminary Development Plan - Rezoning prior to approval of a Final
Development Plan - Major Subdivision request; and
WHEREAS, the Town of Danville Subdivision Ordinance requires approval of a tentative
map prior to recordation of a final map; and
WHEREAS, a negative declaration of Enviromnental Significance has been prepared for
the project indicating that no significant negative impacts are expected to be associated
with the project; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing on
August 27, 2002, and did recommend that the Town Council approve the request; and
WHEREAS, the Danville Town Council did review the project at a noticed public hearing
on October 1, 2002; and
WHEREAS, the public notice of this action was given in all respects as required by law;
and
WHEREAS, a staff report was submitted recommending that 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 Danville Town Council approves the Negative Declaration of
Environmental Significance m~d approves Final Development Plan - Major Subdivision (SD
8559) request 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 2010 General Plan.
The design of the proposed subdivision is in substantial conformance with the
applicable zoning regulations.
The design of the subdivision and the type of associated improvements will not
likely cause serious public health problems because water and sanitary facilities
services will be available to the five new parcels.
The density of the subdivision is physically suitable for the proposed density of
development.
The design of the proposed subdivision and improvements are not likely to cause
substantial environmental damage or subsequently injure fish or wildlife or their
habitat since this property is in an area where residential development has
previously occurred.
The design of the proposed subdivision and proposed improvements will not
conflict with easements, acquired by the public at large, for access through or use of,
property within the proposed subdivision.
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.
PAGE 2 OF RESOLUTION NO. 105-2002
GENERAL
This approval is for a Preliminary Development Plan- Rezoning (PUD 2002-
02) and Final Development Plan- Major Subdivision (SD 8559) application to
rezone a .47 %/- acre parcel from Downtown Business District 9 to P-l;
Planned Unit Development District to a new P-l; Planned Unit Development
District and to subdivide the site into five single-family lots, two of which
would include an attached studio unit. Development shall be substantially
as shown on the project drawings as follows, except as may be modified by
conditions contained herein;
a. Site plan, floor plans, and elevations labeled "Laurel Court," as prepared
by Bruce Mastick, consisting of nine sheets, dated received by the
Planning Division August 22, 2002.
b. Vesting Tentative Map Subdivision 8559 titled "Laurel Grove," as
prepared by Aliquot Engineering, dated received by the Plam~ing
Division on August 22, 2002.
Landscape plan labeled "Laurel Grove," as prepared by Camp & Camp
Associates, consisting of one sheets, dated received by the Planning
Division on August 22, 2002.
The applicant shall pay or be subject to any and all Town and other related
fees that the property may be subject to. These fees shall be based on the
current fee schedule in effect at the time the relevant permits are secured,
and shall be paid prior to issuance of said permit and prior to any Town
Council final approval action. Notice should be taken specifically of the
Town's Transportation Improvement Program (TIP) fee, Southern Contra
Costa County Sub-Regional fee, Park Land In-lieu fee and Child Care
Facilities fee, Flood Control & Water Conservation District (Drainage Areas
and Mitigation) fee, and Plan Checking, and Inspection fees.
Prior to the issuancb of a grading or building permit, whichever occurs first,
the applicant shall reimburse the Town for notifying surrounding
neighboring residents of the public hearing. The fee shall be $483.00 (161
notices X $0.75 per notice x three notices).
Prior to the issuance of grading or building permits, the applicant shall
submit written documentation that all requirements of the San Ramon Valley
Fire Protection District (SRVFPD) and the San Ramon Valley Unified School
PAGE 3 OF RESOLUTION NO. 105-2002
10.
District have been, or will be, met to the satisfaction of these respective
agencies. The SRVFPD's initial comments on this project are summarized in
part in their memorandum dated August 17, 2001.
The applicant shall submit to the Town of Danville fees required to file a
Notice of Determination for this project as required by AB 3185. The fee shall
be $25.00.
In the event that subsurface archeological remains are discovered during any
construction or pre-construction activities on the site, all land alteration work
within 100 feet of the find shall be halted, the Town Planning Division
notified, and a professional archeologist, certified by the Society of Califon~ia
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 workdays. Dust-producing activities shall be
discontinued during high wind periods.
PAGE 4 OF RESOLUTION NO. 105-2002
11.
12.
13.
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.
During the map and/or plan checking process, and prior to submittal of the
Subdivision Map for Town Council approval, the applicant shall submit a
written report on compliance with the conditions of approval of this project
for the review and approval of the Director of Planning and the City
Engineer. This report shall list each condition of approval followed by a
description of what the applicant has provided as evidence of compliance
with that condition. The report must be signed by the applicant, and may be
rejected by the Town if it is not comprehensive with respect to the applicable
conditions of approval.
Allowable land uses and conditional land uses within this development shall
be as allowed under the Town's M-29; Multiple Family Residential District
Ordinance.
SITE PLANNING
Ail 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.
The applicant shall revise the site plan to allow for a greater rear yard
setback for the homes on Lots 2, 3, and 4. The units on Lots 2 and 3 shall be
shifted towards Laurel Drive, reducing the length of the driveway apron for
Lot 3. Lot 4 shall be shifted to the extend possible as to not create a back out
impact from the driveway area and to not compromise the guest parking
PAGE 5 OF RESOLUTION NO. 105-2002
space adjacent to Lot 4. The revised site plan shall be subject to review and
approval by the Town of Danville Planning Division, prior to the issuance of
a building permit.
LANDSCAPING
Final landscape and irrigation plans (with planting shown at 1"=20' scale)
shall be submitted for review and approval by the Planning Division. The
plan shall include common names of all plant materials and shall indicate the
size that various plant materials will achieve within a five-year period of
time.
All plant material shall be served by an automatic underground irrigation
system and maintained in a healthy growing condition. Irrigation shall
comply with Town of Danville Landscape Ordinance #91-14 and landscape
guidelines and 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.
Ail landscaped areas not covered by shrubs and trees shall be planted with
live ground cover. All proposed ground cover shall be placed so that they
fill in within two years.
If site construction activity occurs in direct vicinity of the on-site and off-site
protected trees, a security deposit in the amount of the assessed value of the
tree(s) shall be posted with the Town prior to the issuance of a grading
permit or building permit in compliance with the Town's Tree Protection
Ordinance to assure the preservation of the trees. The applicant shall be
required to secure an appraisal of the condition and value of all affected
trees. The appraisal shall be done in accordance with the then current
addition of the "Guide for Establishing Values of Tree and Other Plants," by
the Council of Tree and Landscape Appraisers under the auspices of the
International Society of Arboriculture. The appraisal shall be performed by a
Certified Arborist, and shall be subject to review and approval by the Chief
of Planning. The security deposit shall be returned upon verification of the
health of the trees following two full growing seasons after project
completion.
PAGE 6 OF RESOLUTION NO. 105-2002
A project homeowners' association HOA or maintenance agreement shall be
responsible for the maintenance of front yard landscaping within this
development (i.e., all areas in front of the side yard fences). The project
covenant, conditions and restrictions (CC&R's) 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&R's, may be utilized in place of the creation
of a project specific HOA.
An arborists report shall be prepared for the three Sycamore trees located
along the project's Laurel Drive frontage. The report shall include mitigation
measures to assure the health of these trees through the construction period
(based on the final improvement plans) and the long-term health of these
trees. The arborist shall make recommendations, and be present at the site to
supervise, all required trimming of these trees.
ARCHITECTURE
Ail ducts, meters, air conditioning and/or any other mechanical equipment,
whether on the structure or on the ground, shall be effectively screened from
view with landscaping or materials architecturally compatible with the main
structures.
The street numbers for each structure in the project shall be posted so as to be
easily seen from the street at all times, day and night.
Samples of final materials and the proposed color pallet shall be submitted
for review and approval by the Design Review Board prior to the issuance of
building permits for the project.
Final architectural elevations, details and revisions shall be submitted for
review and approval by the Design Review Board prior to issuance of
building permits for the project.
If signing for the development is desired, in addition to any signs approved
as part of this application, a comprehensive sign program shall be submitted
to the Town for consideration under a separate application.
The project covenants, conditions and restrictions (CC&R's) shall provide a
review and approval process for any proposed repainting or re-roofing of
exteriors of the units in this project. Any additions, or exterior structural
modifications, to the units developed in this project shall be subject to review
PAGE 7 OF RESOLUTION NO. 105-2002
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 perimeter property lines with a new six-foot high solid wood fence.
The new fence shall be re-located to be on the property line and shall respect
setback restrictions for the Laurel Drive frontage.
All fences within this project shall be constructed using pressure treated
Douglas fir fence posts and shall include minimum 2"x 8" kickboards (which
shall also be pressure treated Douglas fir).
The textured pavement treatment for the flat work areas shown on the
project plans, shall be interlocking paving stone. The paving material
utilized, and its color, shall be subject to review and approval by the Design
Review Board prior to issuance of Building Permits for the project.
PARKING
Regulatory signage/curb painting for the interior driveway shall be
provided, if deemed necessary, to the satisfaction of the San Ramon Valley
Fire Protection District and the City Engineer.
All garages within the development shall be maintained and utilized for their
intended purpose (i.e., to allow the parking of two cars). Language shall be
included within the project's CC&R's, which specifies these requirements
and establishes a mechanism for imposition of a fine for property owners
who do not comply with these restrictions.
GRADING
* 2.
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
PAGE 8 OF RESOLUTION NO. 105-2002
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.
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 ail federal state and local regulations. If
deemed appropriate by the Health Department, the applicant shall make
PAGE 9 OF RESOLUTION NO. 105-2002
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.
Ail 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 conm~encing 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.
Ali 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 Deparhnent 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 I0 OF RESOLUTION NO. 105-2002
Handicapped ramps shall be provided and located as required by the City
Engineer.
Private streets shall be improved to public street structural standards.
Private street improvements, and their dimensions, shall be as shown on the
project plans identified in #A.1. above and shall conform to Town of Danville
Standard Plans 104 a & b.
A satisfactory private road and private storm drain maintenance agreement
or, if a homeowners' association is formed, project CC&R's, shall be
submitted for approval of the City Attorney prior to any Town Council final
approval action. All private road maintenance agreements or CC&R's 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 a2~d around the three existing Sycamore trees,
to the satisfaction of the City Engineer.
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 r'equirements 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
PAGE 11 OF RESOLUTION NO. 105-2002
10.
11.
12.
13.
erosive banks that could be impacted by additional storm water flow.
Roof drainage from structures shall be collected via a closed pipe and
conveyed to an approved storm drainage facility in the street curb. No
concentrated drainage shall be permitted to surface flow across sidewalks.
Any portion of the drainage system that conveys runoff from public streets
shall be installed within a dedicated drainage easement, or public street.
If a storm drain must cross a lot, or be in an easement between lots, the
easement shall be equal to or at least double the depth of the storm drain.
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 erigineer.
Project rules placed within the project CC&R's shall speak to the placement
of individual waste containers outside of the garages or on Laurel Drive for
weekly pick up and address the allowable time frame for their subsequent
return to individual garages and shall be subject to review and approval by
the Planning Division. Refuse and Recycling shall be collected in a manner
acceptable with the responsible agency. If collection is to occur at the curb off
Laurel Drive, containers shall be placed as to not block driveways or
sidewalk access. Project CC&R's shall outline the proper collection method
for residents to follow.
For all new lots created by this subdivision, the following statement shall be
recorded to run with the deed of the property acknowledging the two
affordable rental units contained within the residences on lots one and five,
adjacent to Laurel Drive.
PAGE 12 OF RESOLUTION NO. 105-2002
IMPORTANT: BUYER NOTIFICATION
The two parcels located adjacent to Laurel Drive contain 400 +/- square foot
studio apartment units, which are allowed to be rented, and if rented, are
required to be rented at an affordable rate identified under the low income
and very low income rental rates established by the Town of Danville. Any
inconvenience or discomfort from properly conducted rental operations of
these units will not be deemed a nuisance.
MISCELLANEOUS
The project shall be constructed as approved. Staff may approve minor
modifications in the design, but not the use. Any other change will require
Planning Commission approval through the Development Plan review
process.
The project homeowners' association, through project-specific covenants,
conditions and restrictions (CC&R's), shall be responsible for maintenance of
the on-site common driveway, pedestrian ways, common landscape areas,
common fencing, the'project recreation areas, and parking areas, 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&R's or maintenance agreements shall be
submitted to the Town of Danville for review and approval a minimum of 30
days prior to recordation of the final map.
3. Use of a private gated entrance is expressly prohibited.
The location, design and number of gang mailbox structures serving the
project shall be subject to review and approval by the Design Review Board
and the local Postmaster.
The proposed project shall conform to the 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
PAGE 13 OF RESOLUTION NO. 105-2002
permit. At the discretion of the City Engineer, a Storm Water Pollution
Prevention Plan (SWPPP) may be required for projects under five acres.
A statement shall be recorded to run with the deed to the properties within
this subdivision which acknowledges the existence of the existing
commercial use to the rear (west) of the subject site and acknowledges the
occasional noise, odors, lighting and associated activities associated with this
use.
Consistent with the intent and requirements of California Community
Development Law and, more specifically, the inclusionary housing
requirements established by California Health and Safety Code sections
relating Community Redevelopment, project development shall include the
provision of two attached for-rent below-market-rate second dwelling units
("BMR units").
The BMR units shall be the two 400 +/- square foot second story units
respectively approved for development as second story units for Lots I and 5
in the project. It is the intent of this approval that the BMR units are made
available, at least on an intermittent basis, for occupancy by "very low"
income one- or two- person households, as defined by the State Department
of Housing and Community Development (HCD) and the United States
Department of Housing and Urban Development (HUD).
Based on a 7-unit project count, the project obligation for satisfying the very
low income housing stipulations of the inclusionary housing requirements is
the provision of 0.42 very low-income units (i.e., 40% of 15% of the units
developed are to be available to very low income households). In satisfying
this obligation, it is not necessary to have the BMR units continually
occupied by very Iow-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.
PAGE 14 OF RESOLUTION NO. 105-2002
The BMR units shall be designed such that the physical layout of the
individual units, and their inter-relationship with the primary unit they are
respectively attached to, ensures their availability as a self-contained viable
second unit. Except as otherwise provided for by this approval, the design of
the BMR units shall be substantially consistent with the design parameters
established for for-rent BMR units in Ordinance No. 98-04 ("Adding Section
32-73.16 of the Danville Municipal Code Relating to Second Dwelling Units
in New Developments").
Where rent is assessed for the BMR units, the maximum allowable rental rate
for the units shall not exceed the maximum price affordable to a household,
earning a maximum of 50% of the median income established for Contra
Costa and Alameda Counties, adjusted for household size (two-person
household being the largest allowable household for occupancy of the units).
The maximum allowable rental rate collected for the units shall be
determined on an occupant-by-occupant basis. Said rental rate shall not
exceed 30% of gross monthly household income of the qualifying household
(which shall include an allowance of $35/month for utilities).
Based on published income limits, the current maximum rental rates shall be
as follows:
Maximum allowable rental rate
For the low income unit
(after a $35/month utility allowance)
One-Person
Household
$1,015/month
Two-Person
Household
$1,160/month
Maximum allowable rental rate
For the very low income unit
(after a $35/month utility allowance)
$652.50/month
$745.00/month
An affordable housing agreement shall be prepared to address the
disposition of the BMR units. The agreement shall be subject to review and
approval by the 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
(i.e., to indicate when the units have been rented and to document the
income of the occupying households); the method to determine qualifying
PAGE 15 OF RESOLUTION NO. 105-2002
household income levels; and the penalties for violating the terms of the
agreement.
As a part of the issuance of a demolition permit and/or building permit for
the project, the developer shall submit a recycling plan for building and
construction materials and the disposition of green waste generated from
land clearing on the site. Prior to obtaining framing inspection approval for
the project, the applicant/owner shall provide the Planning Division with
written documentation (e.g. receipts or records) indicating that waste
materials created from the demolition of existing buildings and the
construction of new buildings were/are being recycled according to their
recycling plan, or in an equivalent manner.
APPROVED by the Danville Town Council at a regular meeting on October 1, 2002, by the
following vote:
AYES:
NOES: None
ABSTAINED: None
ABSENT: Waldo
Arnerich, Doyle, Greenberg, Shimansky
VICE- M~R'~
APPROVED AS TO FORM:
CITY ATTORNEY
ATTEST:
CITY CLERK
PAGE 16 OF RESOLUTION NO. 105-2002