HomeMy WebLinkAboutReso. 1985 - 113 - Approving the agreement between sandpoint investors and the city of redding for density increase and authorizing the mayor to sign same 411 410
RESOLUTION NO. 3 "[ 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING THE AGREEMENT BETWEEN SANDPOINTE INVESTORS AND THE
CITY OF REDDING FOR DENSITY INCREASE, AND AUTHORIZING THE
MAYOR TO SIGN SAME.
BE IT RESOLVED by the City Council of the City of Redding as
follows:
1 . The City Council of the City of Redding hereby approves
the agreement between the City of Redding and Sandpointe Inves-
tors for density increase pursuant to the provisions of Govern-
ment Code Section 65915 , et seq.
2. The Mayor of the City of Redding is hereby authorized
and directed to sign all necessary documents on behalf of the
City of Redding and the City Clerk is hereby authorized and
directed to attest the signature of the Mayor and to impress the
official seal of the City of Redding on the aforesaid documents,
when appropriate.
3. A true copy of the agreement referred to herein is
attached hereto and made a part hereof.
I HEREBY CERTIFY that the foregoing resolution was intro-
duced and read at a regular meeting of the City Council of the
City of Redding on the 17th day of June , 1985 , and
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was duly adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS: Demsher, Fulton, Gard, & Pugh
NOES: COUNCIL MEMBERS : None
ABSENT: COUNCIL MEMBERS: Kirkpatrick
ABSTAIN: COUNCIL MEMBERS: None
4. ir, 0 1
; ► • ; ► ► ► E AR , ice Mayor
City of Redding
ATTEST:
ETHEL A. NICHOLS , City Clerk
FORM APPROVED: ,
% -
RAN/DALL A. HAYS, Cit-S7Attorney
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NS:i:TY INCREASE AGR EMENT�
P
SANDPOINTE APARTMENTS
This Agreement is made and entered into this day
of: dtdd , 19 , by and between Sandpointe Investors , a
California Limited Partnership, (hereinafter referred to as
"Property Owner" ) , and the CITY OF REDDING, ( hereinafter "CITY" ) ,
a municipal corporation and general law city of the State of
California.
RECITALS
The real property affected by this Agreement is situated in
the northeast sector of the City of Redding , California and is
identified as 655 Hilltop Drive ( the "property" ) . A legal
description of the property is attached as Exhibit "A" .
The Property Owner submitted to the City ' s Department of
Planning and Community Development ( "Department" ) an Agreement
Pertaining to the Use of the Property Located at 655 Hilltop Drive
( ''Agreement" ) and Use Permit application requesting permission to
construct a 157-unit apartment complex- on the subject property .
Copies of the Agreement and Use Permit are attached as Exhibits
"B" and "C" .
The Redding General Plan classifies the property as "Resi-
dential , 9 . 0 units per acre" and "Greenway" , which designations ,
together with the Agreement , permit a maximum of 125 units to be
developed on the property.
Government Code sections 65915 et seq. permit density in-
creases or bonuses over the maximum density authorized by the
General Plan, when a developer of housing agrees to construct at
least 25 percent of the total units in the proposed housing de-
velopment for persons and families of low or moderate income as
defined in section 50093 of the Health and Safety Code, or. 10
percent of the units of the housing development for lower income
households, as defined in section 50079 . 5 of the Health and Safety
Code . Under such circumstances , the City is required to grant a
density increase of not less than 25 percent over the otherwise
maximum allowed under the City ' s General Plan . The development
here proposed, as shown in the Use Permit as approved, would per-
mit the development of 157 residential units . The Property Owner_
has agreed to construct 32 of the 157 units ( 25 percent of the
base density) as units which shall be made available to low or
moderate income households as defined in Health and Safety Code
section 50093 . Alternately , 13 of the 157 units on the site ( 1.0
percent of the base density ) could he made available to lower
income households , as defined in Health and Safety Code section
50079 . 5 . The providing of these units to lower, or low or moder-
ate income households satisfies the requirements of section 65915
and justifies the density increase approved by the Use Permit
UP-214-84 Amended . The remaining units in the project may be sold •
or rented at market rates free of . any restrictions under this
Agreement .
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The purpose o phis Agreement:. is to ensu; among other
things , that the units for low or moderate income households are
constructed and made available in accordance with Government Code
section 65915 . This Agreement is entered into pursuant to
Government Code sections 65915 et seq . and except to the extent
expressly inconsistent therewith, incorporates by reference such
sections .
Based on the foregoing , the parties agree as follows:
1 . Definitions . In this Agreement , unless the context
otherwise requires ,
( a) "City" is the City of Redding ;
•
(b) "Project" is the development known as Sandpointe
Apartments as approved , subject to conditions , by
the City.
(c) "Property Owner" means the person having a legal or .
equitable interest in the real property described in
paragraph 3 , including any such persons ' s
successor-in-interest ; it further refers to any
party ( "developer" ) who has entered into an
• agreement to purchase the property with the
intention of developing it into residential units ;
• (d) "Real Property" or "the Property" is the real
property referred to in paragraph 3;
(e ) "Agreement" is the document entitled Agreement
Pertaining to the Use of the Property Located at 655
Hilltop Drive , Redding , California. Such agreement
sets forth the purpase7bjectives, land use, and
development density allocations , as approved by the
City;
( f) "Use Permit" is that Use Permit UP-2I4-84 (Amended )
describing the conditions upon which the City will
allow the construction of a 157-unit apartment
complex on property located at 655 Hilltop Drive ;
(g ) "Department" is the Department of Planning and
Community Development of the City of Redding .
2 . Exhibits , which are attached and• made a part of this
Agreement by this reference :
Exhibit
Designation Description
"A" Real. Property
"B" Agreement Pertaining to the Use
of the Property Located at 655
Hilltop Drive , Redding ,
California
"C" Use Permit. UP-214-84 (Amended)
"D" Household Setaside Equivalencies
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• 3 , Descr_ i.pt:it_of _Yeal__Prope_r`t . The re property which is
the subject 6T thi �r
Agee�iient is described in Exhibit "A" .
4 . Bindings Effect of Agreement . The burdens of this
Agreement inure to the assignees and to the successors--in-interest
of the parties to it .
5 . Ownership of Real Property . Property Owner represents
that it has an interest in the real property, that it will provide
Department with a title report showing all record owners thereof ,
and as of the time this Agreement is recorded, it will obtain the
signatures , duly acknowledged, of all record owners of the
Pr_oper_ ty on this Agreement .
6 . Time of Execution and Recording : City Approval of
Project , This Agreement shall be executed first by the Property
Owner and thereupon it shall be delivered to CITY. The Agreement
shall thereafter be executed by CITY, prior to CITY ' S issuance of
building permit for the project . Thereafter it shall be recorded
in accord with Section 13 of this Agreement .
7 . Relationship of Parties . It is understood that the
contractual relationship between the CITY and Property owner is
such that the owner is an independent contractor and not the agent
of the CITY. .
•
8 . Setaside Commitment .
(a) Basic Commitment . Property Owner will set aside
each month, commencing with the month 79 apartment
units are available for rent , a number of apartment
units for occupancy by either tenants certified as
low or moderate income households as defined by
Section 50093 of the California Health and Safety
Code as it shall from time to time be amended or
tenants certified as lower income households as
defined by Section 50079 . 5 of California Health and
Safety Code as it shall from time to time be
amended . An apartment unit shall be deemed to have
been "set aside" and to be counted toward meeting
the requirements of this Agreement if the apartment
unit is either vacant or occupied by a tenant
meeting the requirements of a low or moderate income
household or of a lower income household .
The number of units to be setaside by Property Owner
shall be 32 units setaside for moderate income
households provided , however, the Property Owner
may , for the purpose of meeting the setaside re-
quirements , substitute occupancy of a unit by a
household of lower income for occupancy by a house-
hold of low or moderate income . For the purpose of
establishing equivalency, occupancy by one lower
income household shall meet the setaside requirement •
for 2 . 5 low or moderate income households . See
Exhibit "D" for a table of Household Setaside
Equivalencies .
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•
Prop•y Owner shall make a conited effort to
distribute the units set aside hereunder throughout
the complex so as to avoid any concentration of
lower income or low and moderate income households .-
Property Owner shall retain the right to charge
market rate rents for units set aside and to approve
or disapprove any tenant whether or not they meet
the requirements for certification as a low or mod-
erate income household or as a lower income house-
hold so long as Property Owner does not otherwise
violate state or federal laws in granting or
witholdinq such approval of prospective tenants.
- (b) Rental Procedure . Upon the Department receiving
Property Owner ' s notice in writing of the unit ' s
availability for occupancy , the availability of the
units shall be advertised by the Property Owner.
Property Owner shall diligently seek to disseminate
knowledge of the availability of the units that are
vacant or that later become vacant . Such marketing
shall consist of good faith efforts to provide
information and otherwise attract persons of lower-,
low-, and moderate-income in the housing market area
. to the available housing . Marketing techniques
shall include , but not be limited to, use of
commercial media, use of community contacts , use of
the Equal Opportunity logotype or slogan , and
display of fair housing posters .
( c ) Time of Commitment . Property Owner shall make the
low- or moderate-income units available to low- or
moderate-income households under the terms and
conditions of this Agreement for as long as the
property exists, commencing on the date the Property
Owner notifies the Department that the unit is ready
for occupancy; provided that such notification shall
not be effective before the Building Department -
completes its final inspection of the units .
(d) Periodic Review. Unless excused by the Department
from the obligation, Property Owner shall be re-
quired yearly, on the anniversary of the use permit ,
to present to the Department an audit .report
conducted by a Certified Public Accountant . The
audit report shall show for each month :
( i ) The total units occupied
( ii ) The total units vacant
( iii ) The total units occupied by low or moderate
income households
( iv) The total units occupied by lower income
households
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(v ) •lle total , if any , by whi.cthe units setaside
fell short of the required number of units to
be setaside for that month Thereinafter called
"default units" ) .
The audit report shall also show annual totals for
each of the foregoing categories and an average
monthly defaulted unit figure .
9 . Land Use Restrictions . Except as otherwise set forth in
this Agreement the density and intensity of the real property, the
maximum height and size of propsed buildings to be constructed on
the real property and any provisions for reservations and
dedication of land for public purposes shall be as set forth in
the Use Permit attached hereto as Exhibit "C" , and ' as required by
the conditions of CITY' s issuance of a building permit .
10 . Events of Default . Property Owner is in ,default under
this Agreement upon the happening of one or more of the following
events or conditions :
( a) A breach of warranty, representation or statement
made or furnished by Property Owner to the CITY in
any material respect when it was made ;
(b) A finding and determination by the CITY_ made
following a periodic review under the procedure
provided for in section 8 (d) that upon the basis of
substantial evidence the Property Owner has not
complied in good faith with one or more of the terms
or conditions of this Agreement . Lack of good faith
compliance includes, but is not limited to, occupan-
cy by non-qualifying households of units setaside
for lower, or low or moderate income households .
11 . Procedure Upon Default.
(a) Upon the occurrence of any event of default by the
Property Owner. , • the City shall have the right to
withold electrical service for any unit which be-
comes vacant until the Property Owner remedies the
default . Until the default is remedied , no such
unit shall thereafter be rented until Property Owner
presents evidence to the Department that the pros-
pective tenant qualifies as a low or moderate or
lower income household . Additionally, the average
monthly default units shown on the audit report for
the previous year shall be added to the units to be
set aside during the next succeeding reporting
period .
( b) CITY does not waive any claim or defect in perfor-
mance by Property Owner implied if on periodic
review the local agency does not propose to modify
or terminate the Agreement .
(c) Non-performance shall not be excused because of a
• failure of a third person.
•
IIM
(d ) That adoption of a law or other governmental acti-
vity making performance by the applicant unprofit-
able or more difficult or more expensive does not
excuse the performance of the obligation by the
Property Owner.
(e ) Non-performance shall be excused only when it is
prevented or delayed by acts of Cod or an emergency
declared by the Governor .
( f) All other remedies at law or in equity, including
but- not limited to specific performance , which are
not otherwise provided for in this Agreement are
available to the parties to pursue in the event
there is a breach.
12 . Damages Upon Termination. In no event shall Property
Owner he entitled to any damages against CITY upon termination of
this Agreement .
13 . Recordation . CITY may record this Agreement or a
memorandum thereof ; provided that CITY shall not record the
Agreement if Property Owner demonstrates that such recordation
shall eliminate a source of construction or permanent financing
for the project ; provided further that should FHA insured
financing be used on the project, the decision whether to record
shall be made no later than 14 days after Property Owner notifies
CITY of the receipt of an FHA commitment .
14 . Subordination . CITY shall execute and record such
documents as may be required by FHA or HUD to show that the
obligations undertaken by Property Owner under this Agreement ,
including but not limited to the low or moderate income housing
obligation in Paragraph 8 , are subordinate to any FHA or HUD
insured or direct project financing .
15 . Notices . All notices required or provided for under this
Agreement shall be given pursuant to section 18. 78 . 030 of the
Redding Zoning Ordinance . Notices to be given to Property Owner
shall be addressed as follows :
DRAKE HOMES
P.O. Box 1448
Chiaco, CA 95927
Attn: John D. Drake
The Property Owner and any successors in interest to it may
change the address by giving notice in writing to the City
Manager, City Hall , 760 Parkview Avenue , Redding , California
96001-3396 , and thereafter notices shall be addressed and
transmitted to the new address .
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• IN WITNESS WhE„,,E0 , this Agreement has been executed by the
parties as of the day and year first above written .
CITY OF REDDINNdG, a Municipal
Corporation
By :
Howard D. Kirkpatrick , Mayor
Attest:
By:
Ethel A. Nichols, City Clerk
Form Approved:
Randall A. Hays,
City Attorney
SANDPOIN'TE INVESTORS , a California
Limited Par.- .ner-ship
i/
By: Dr1rk... H5mt7 , General Partner
By: Dr .'t o, , 4-1,1 _a l a r - i e r
By:: "7` ."_(/
�,
r; D. Drake , President
STATE OF CALIFORNIA
s s .
COUNTY OF BUTTE
On-this lith day of June , 1985, before me , the undersigned, a
Notary Public in and for said State , personally appeared John D.
Drake , personally known to me or proved to me on the basis of sat-
isfactory evidence to be the' persons whose names are subscribed to
the within instrument as the President of Drako, Inc . , the corpor-
ation that executed the within instrument as a general partner of
DRAKE HOMES , the partnership that executed the within instrument
as general partner of Sandpointe Investors , the partnership that
executed the within instrument , and he acknowledged to me that
said corporation executed the same pursuant to its by-laws or a
resolution of its board of directors and as a partner and on be-
half of said DRAKE HOMES, and that said DRAKE HOMES executed the
same .
WITNESS my hand and official seal .
c 2 `` ll
:t l 11) 1 hl I` I
! ,<‘•,4-1/222: .� / ... -r .� �° S�
Notary Public in� anfor' Said State
7
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111 Aft
EXHIBIT A
• REAL PROMI:RTY
DESCRIPTION OF PROPRIY: All that certain real property
situate in the County of Shasta, State of California
Parcel 4 as shown on Parcel Map No . LS51-34 for John D.
Drake, filed on April 25 , 1985, in the office of the Shasta County
Recorder in Book 24 of Parcel Maps at page 172.
•
•
EXHIBIT F3 411
i1%;I;}::i:;_ i;1 :!' PERTAINING .+.O 1'}i}.. U; I: OF THE PROPERTY i,R.15. LGCh'.LI?}a A1 G.)_>
HILLTOP DRIVE, Rhol) HG, CALIFORNIA
THIS AGREEMENT, made and entered into this 1.7th day of
, 1984 , by and between the CITY OF REDDING, a
municipalcorporation , hereinafter referred to as "City" , and
JOIN D. DI<AHE, hereinafter referred to as "Drake" :
WITNESSETH:
WHEREAS, Drake has requested rezoning of a portion of the
property depicted in Exhibit "A" in order to develop a 124 -unit
senior citizen residential project , providing complete lodging
facilities for senior citizens on a permanent basis on 5 . 3 acres
of a 64 . 11-acre parcel ; and
WHEREAS , this project furthers the goals of the Housing
Element of the Redding General Plan; and
WHEREAS , a senior citizen unit is defined as a project
occupied by handicapped persons , invalids or persons over CO
years of age; and
WHEREAS, the Redding General Plan classifies the property as
"Residential, 9 . 0 units per acre" and "Greenway" , thus allowing
2.0 units on the property; and
WHEREAS , Drake has proposed to divide the property into 4
an shown in Exhibit "B" ; and
WHEREAS , to. accommodate the proposed density of a senior
citizen project , Drake must assign units from the balance of the
property to the a ei.l ilown as Parcel 3 , thus increasing the
. density ot: Parcel 3 and nnciuc_.inq the density allowed of Parcel.; 1
i11n(1 2 ; and
O
WHEREAS , zoning Parcel 3 as "RM-9" would be inconsistent
with the Redding General Plan for other than senior citizen
housing and
WHEREAS , other multiple family zoning districts do not
specifically provide for assembled senior citizen housing;
NOW, THEREFORE, BE IT RESOLVED that the parties agree to the
following:
1 . City agrees to rezone the 5 . 3-acre area shown as Parcel
3 to "RM-9" in order to accommodate development of the 124-unit
- ; senior citizen housing as described above and to allocate density
within the remainder of the property to permit this development.
2. In the event the senior citizen housing is constructed,
the property may be developed in accordance with the followincf:
Parcel 1 -- not to exceed 34 units
Parcel 2 - not to exceed 34 units
Parcel 4 - not to exceed 125 units •
3. In the event the senior citizen housing is not con-
structed, the property shall be developed as follows :
Parcel 1 - not to exceed 50 units
• Parcel 2 - not to exceed 49 units
Parcel 3 7- not to exceed 16 units
Parcel. 4 - not to exceed 125 units
• 4 . City retains the right to amend the zoning of this area
at any time pursuant to :the procedure in the Redding Municipal
Code and in accordance with the Redding General Plan and any such
change will automatically void this agreement .
5 . All necessary permits will be obtained, and prepaid
prior to development of the properties . •
IN WITNESS W1 1Z03".' tho Da ):ties hereto have ..ret their hands
, . .. .
, • '
410 ,
. . .
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0
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and. seals on the day and year first above written .
CITY OF REDDING
By
11.01riARD I. KIRKPATRICK, Ma yor
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ETHEL A. NiiTHOLS •City Clerk-
• .
FORI•1 APPROVED:
•
RANDALL A. HAYS ..., City Attorney •
. .,
•
SI, .1. l. OF CALIFORNIA i
. . i .-••,-
ss
COUNTY OF 1.3UrrE } .
On this 17th day of 1984 , before me , the undersigned , a
Notary Public for the State , personally appeared David 0.
Jeffries , personally known to me to be the person whose name is
subscribed to this instrument as the attorney in fact of ;John D.
Drake , and acknowledged to me that he subscribed the name of John
0. Drake as principal , a:-Id his own name as attorney in fact .
WITNF.SS my hand and official seal .
'-'''','•-•:.-::-(' '''-'-'('7 ,-'. ••,i• ".;•.-•;;;:•---); •
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No t it 1.-y Pul) I. i c in ;I HO tor sd i d
Conn Ly .1 ti d"S ta Le
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• •
oL AnrtcLNv Cr PLANNING AND COMMUNITY DEVELOPMENT
PLANNING DIVISION
USE PERMIT
Use Permit Application No. UP-214-84 "Amendment:"
Name and Address John Drake
Post Office Box 1448
_ —` — Chico , California 95927 —y-- - —
A USE PERMIT is hereby granted for the following, subject t.o compliance with
all provisions of the Redding City Code and subject to the conditions attached:
Permission to construct a 125-unit apartment complex on property located at 655
Hilltop Drive , in a "U" Unclassified District, subject to the following
conditions :
*1. Development is to be in accordance with the plot plan dated August 22,
1984.
2. Requirements of the Building Official and the Uniform Fire Code are to be
met.
3. The requirements of the Mosquito Abatement District are to he met.
4. Grading is to be restricted to April 15 to October 15 of any year; a
discharge report is to be filed with the Regional Water Quality Control
Board; grading shall not occur in areas depicted as open space on the
approved development plan.
5. Dedication of 43 feet of right-of-way from the recorded center line of
Hilltop Drive for the widening of Hilltop Drive and 20 feet corner round-
ings at the intersection of Hilltop Drive and the private street.
.6. The owner/developer shall prepare the subbase and furnish and place all
required aggregate base and asphalt concrete between the clutter and the
existing street section of Hilltop Drive. In addition , the owner/
developer shall be required to do any asphalt overlay work on the existing
street section necessary to provide a uniform cross slope t.o the clutter.
i. Utilities , including electric , cable-television and telephone , are to be
installed underground.
8. Street lights are to be provided along Hilltop at the time of development.
per City policy.
Continued on Pii e 2. -
AVL.NU ! fiLi)OIi;(;, CA 'i6(i)I-:.i30(;
016) :':?5-10:?0 1
i •
UP-211 1;'John Drake
Page 2
9. A five-:foot-vide easement for electrical service is to be provided adja—
cent to Hilltop Drive and all private driveways .
10. Sewer lines are to be extended , •sized, and set at grades to permit the
orderly extension of sewer service.
11. During- grading earth removal , or earth disturbance, the project site
shall - be monitored by a qualified person with native American cultural
knowledge of the area ; the designated representative shall be given 48
hours notice of the commencement of the work ; establishment of this
condition shall not be considered to . inake the City of Redding or the
developer of this subdivision responsible for the safety of the monitor.
12. The impact of the project on archaeological site CA--SHA-900 in the north-
west portion of the property is to be mitigated as per the letter from
James P. Manning dated August 22, 1980.
13. The roofs of all dwellings shall be constructed of fire-resistant-roofing
materials.
x14 . An eight-foot-vide , asphalt, bicycle and pedestrian trail is to he con-
structed along Hilltop Drive within the 25-foot-wide , front-yard setback,
as approved by the. Public Works Director; a maintenance easement is to be
dedicated to the City for the bike and pedestrian trail .
15. Necessary permits are to be obtained from the Bureau of Reclamation.
16. Vertical curb and gutter are to be installed along Hilltop Drive in
accordance with the Public Works Department ' s requirements.
17. The developer shall design the interior road system so that the roads are
not over the existing Bella Vista waterline or protect the waterline from
vehicle loads .
18. A water system meeting ISO fire-flow requirements shall be looped
throughout the development. The type , location , and capacity of fire
hydrants and water mains shall be approved by the Fire Marshal . All
on-site fire hydrants , water mains , fire-alarm systems , portable fire
extinguishers , and other fire-protective appliances shall be retained in
an operable condit.ion at all times .
"]9. Parking is to he improved in accordance with Chapter 18. 62 of the Redding
City Code with a minimum of 198 spaces .
*20. The developer is to submit an acoust.ical analysis in compliance with
Title 24 of the California Administrative Code when the building plans
are suh;ni tten.
Continued on Page 3. •
L P-2.14-M/John Drake
Page
21. The final development and landscaping pians are to be approved by. the
Board of Administrative Review prior to the issuance of construction
permits.
• 22. Any necessary permit shall be obtained from the Regional Water Quality
Control Board.
23. Low profile, exterior lighting i s to be used for internal roads .
24. Native vegetation shall be selectively removed to reduce fire hazard for
a Illinimum distance of 30 feet around all structures. Any subsequent
planting in this area shall incorporate fire-resistant or irrigated
vegetation.
*25. Sewer and water lines are to be extended as specified by the Public Works
Department with a temporary sewer connection to the existing eight-inch
sewer line in Hilltop Drive ; the temporary sewer connection is to be
preceded by an agreement between the property owner and the City that
will insure an alternate sewer connection at the time of development of
Assessor' s Parcels 106--110-18, 72-190-01 , 106-330-11 , 106-330-03 , 106-
110-19, 1.06-140-14, 106--140-09, 106-140-28, 106-190-06, 106- 1.90-04 , and
106-131.-10. This agreement is to adequately encumber these parcels to
• the satisfaction of the City Attorney.
26. The private sewage-lift station and sewer lines shall be constructed as
specified by the Public Works Department; the lift station shall incor-
- porete adequate storage for periods of power failure or a backup power
system, and an annual maintenance contract shall be carried - by the
developer for maintenance of the station on a regular basis .
27. The recreational -vehicle-storage area is to be paved, striped , and
enclosed with a six-foot-high, chain--link fence with intensive planting
between the fence and the property line so as to screen the area effec-
tively. Adequate storage space and turning lanes are to be provided. A
minimum of one recreational-vehicle-storage space ( 10 feet by 25 feet) is
to be provided for every ten dwelling units constructed .
728 The Public Works Department is to approve the structural section of all
internal pr-ivato driveways . Said driveways shall he bordered as follows :
(a) all occupant- and guest--parking areas shall have a concrete edge or
concrete berm; (b) the main private road shall have a concrete edge
adjacent to landscaped areas ; said roads may be without edging in Iiatore]
Open-Spax.e areas Hovided they are a iirinimum 26-feet wide with adequate
shoulders; (c) curb and gutter may be required for drainage purposes at
the discretion of the Public Works Department.
Continued on Page 1 .
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a.
' . . ���� 110
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UP-214-84 'Juho Drake
Page 4
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29. Benefit c0stS , J . per City Council resolution , attributable, to this
property for improvements to the City water system, are to be paid at the
time of water connection. Said fees are to be used for improvements to
the Buckeye Pressure Zone , as indicated on the Master Water Plan . No
building permit shall be issued until an adequate water supply is
assured.
30. Benefit costs , as per City Council resolution, attributable to this
property for improvements to the City sewer systcm, are to bc paid at the
time of sewer connection. Said fees are to be used f07 improvements to
the North Xedding Sewer Lift Station , as indicated on the Master Sewer
Plan.
31. Dedication of any necessary utility or storm-drain easements.
*32. The trash-disposal units shall be depicted on the final plan submitted to
the Board of Administrative Review and shall include barriers and screen-
ing to be placed according to the requirements of the Building Official .
33.. Fire hydrants are to be installed in accordance with the Uniform Fire
Code.
34. Storm-drain improvements are to be constructed as specified by the Public
Works Department. `
At their meeting of September lD^ 1984, the Board of Administrative
Review granted an amendment of UP'21I-84 to mOd|fv Condition No. 28, as
indicated below, all other conditions previously imposed to remain the
same:
*28. The Public Works Department. is to approve the structural section of all
internal private driveways. The main private road shall have a concrete
edge adjacent to landscaped areas ; said roads may be without edging in
natural open-space ureas provided they are a minimum 26-feet wide with
adequate shoulders.
At their February 26, 1985, meeting , the Planning Commission approved
amending Uy-214-84 to grant a 25-percent density bonus to increase the
allowed number of apartment xnius from 125 to 157. The amendment was
subject to the modification of Conditions Nos . 1 , 14, 19 , 20, 25 , 28, and
32; the deletion of Condition No. 2J.; and the addition of new Conditions
Nos . 35, 36, 37 , 38, and 39` as follows :
*1. Development is to be in accordance with the plot plan dated March }?`
1985,
Continued on Page 5.
•
•
UP-211-84/doh Drake
Page 5
*14. A six -foot-wide meandering asphalt bicycle path constructed with three
inches of asphalt/concrete on two inches of road base or a concrete
walkway. A 2h -foot--wide casement is to he provided parallel to Hilltop
Drive to provide access for maintenance of the bike trail . The area
between back of curb on Hilltop Drive and the asphalted . pedestrian
bikeway is to I. e landscaped , have an irrigation system, and , thereafter,
be permanently maintained by the property owner.
*19. Parting is to be improved in accordance with Chapter 18. 62 of the City
Code with a minimum of 256 spaces.
*20. An acoustical analysis shall he submitted with the building permit
application delineating noise attenuation procedures to attain an
interior ambient noise level with all windows closed riot exceeding 15
dbA.
*25. Sewer and waterlines are to be extended as specified by the Public Works
Department.
*26. Delete.
*28. The Public Works Department is to approve the structural section of all
internal private driveways . The main private road shall have a concrete
edge adjacent to landscaped areas ; said roads may be without edging in
natural open-space areas provided they are a minimum of 26-feet wide with
adequate shoulders as determined by the Director of Public Works ,
together with a parallel walkway between the project and Hilltop Drive.
*32. The final site plan is to show the location of dumpsters , which are to he
enclosed with fences compatible with the architecture of the project.
Access to the dumpsters to be approved by the Sanitation Department prior
to the issuance of a building permit.
35. All oak trees with a diameter of six inches at four feeVabove the ground
that are designated to be removed;.by the developer shell he- shown on the
final site plan. Existing trees -are to be preserved `r There-"possible.
36. The repsirement.s of the Shasta Mo"sguito Abatement District are to be met.
37. The maximum building height, including architectural projections , shall
not. exceed 35 feet above grade.
38. A soils report is .to accompany. the building permit: application.
Deve10 iwnt. is to avoid expansive soils where possible and each founda-
tion Iii :1;1 expansive soil area is to be approved by a civil engineer.
Continued (iii Page 6.
111 411
EXHIBIT 0
HOUSEHOLD 3ETASIDE Ec):VALENCIES
At 100% occupancy :
25% of 125 base amount = 32 (minimum low or moderate-income
households required )
10% of 125 base amount = 13 (minimum lower-income households
required.
If less than 13 lower-income households :
Number of Required No. of
Lower--Income Low- or Moderate-
Households Income Households Total
12 3 15
11 5 16
10 8 18
9 10 19
8 13 21
7 15 22
6 18 24
5 2.0 25
4 23 27
3 25 28
2 28 30
1 30 31