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<br />Resolution No. PC-97-65 <br />Page 6 <br /> <br />8. This approval does not guarantee the availability of sufficient water to serve the project. <br />The City shall withhold building permits for the project if at the time building permits are <br />applied for, mandatory water rationing is in effect, unless the City has adopted a water <br />offset program and unless the developer is participating in the program. Notwithstanding <br />the developer's participation in such a program, the City may withhold building permits if <br />the City determines that sufficient water is not available at the time of application of <br />building permits. <br /> <br />9. All conditions of Case PUD-81-30-24M (change of zoning designation from PUD-I1C-O <br />to PUD-HDR, approved in December 1991) shall remain in full force and effect. <br /> <br />10. The property owner shall enter into a agreement with the City of Pleasanton to provide <br />that: <br /> <br />a. the owner shall agree to pay its fair share of any alternative traffic mitigation <br />measure designed to mitigate long-term traffic Levels-of-Service (LOS) on north <br />Pleasanton freeway interchanges, streets, and/or intersections with or without the <br />1-680/West Las Positas Boulevard freeway interchange, if the City Council determines <br />that residential development shall be included in such traffic mitigations. <br /> <br />Additionally, the property owner/project developer acknowledges the following: <br /> <br />b. The City of Pleasanton does not guarantee that existing Level-of-Service (LOS) <br />standards will be maintained in perpetuity and that no guarantee is made by the City that <br />it will be responsible for keeping north Pleasanton streets, intersections, and freeway <br />entrance/exit ramps at LOS "D" or better. <br /> <br />11. Twenty-five percent of the units shall be reserved for "lower-income" households for a <br />minimum of thirty-five years. Units reserved for lower income households shall <br />represent twenty-five percent of each type of unit (i.e., one-, two-, and three-bedroom <br />units). The one- and two-bedroom below market rate units shall be located randomly <br />throughout the complex. The applicant shall include some three_bedroorn/three-bathroom <br />units as below market rate units in order to better disperse the three-bedroom units on the <br />project site; the number of these units shall be worked out with staff prior to issuance of <br />building permits. The below market rate units shall have the same interior standards of <br />quality (e.g., appliances, interior features/amenities, etc.) as the market rate units. "Lower <br />income" shall mean those individuals or households whose incomes are not greater than <br />80% of the median household income for the Oakland Primary Metropolitan Statistical <br />Area (PMSA) based on family size as established by the Department of Housing and <br />Urban Development (RUD). The monthly rent for each of the affordable units shall not <br />exceed one-twelfth of 30% multiplied by 80% of the median income level for the <br />Oakland PMSA as reasonably determined by the Housing Coordinator on an annual basis <br />for a household of one or two persons (as applicable for each unit). These restrictions <br />shall run with the land and shall be formalized through a deed restriction recorded against <br />the property. The details of such restrictions shall be subject to review and approval by <br /> <br />--------------- - <br />