PC-96-10 - Laserfiche WebLink

Resolution No. PC-96-IO Page 7 8. The developer acknowledges that the City of Pleasant on does not guarantee the availability of sufficient sewer capacity to serve this development by the approval of this case, and that the developer agrees and acknowledges that building permit approval may be withheld if sewer capacity is found by the City not to be available. 9. This approval does not guarantee the availability of sufficient water to serve the project. The City shall withhold building permits for the project if at the time building permits are applied for, mandatory water rationing is in effect, unless the City has adopted a water offset program and unless the developer is participating in the program. Notwithstanding the developer's participation in such a program, the City may withhold building permits if the City determines that sufficient water is not available at the time of application of building permits. 10. Twenty-five percent of the units shall be reserved for "lower -income" households for a minimum of twenty-five years. Units reserved for lower income households shall represent twenty-five percent of each type of unit and shall be randomly available throughout the complex. "Lower income" shall mean those individuals or households whose incomes are not greater than 80% of the median household income for the Oakland Primary Metropolitan Statistical Area (PMSA) based on family size as established by the Department of Housing and Urban Development (HUD). The monthly rent for each of the affordable units shall not exceed one-twelfth of 30% multiplied by 80% of the median income level for the Oakland PMSA as reasonably determined by the Housing Coordinator on an annual basis for a household of one or two persons (as applicable for each unit). These restrictions shall run with the land and shall be formalized through a deed restriction recorded against the property. The details of such restrictions shall be subject to review and approval by the City Attorney and Housing Coordinator prior to the issuance of building permits for the project and shall be in place prior to occupancy of any of the units. 11. The developer shall fund school facilities necessary to off-set this project's reasonably related impacts on the long-term needs for expanded school facilities to serve new development in Pleasanton. Determination of the method and manner of the provision of the funds and/or facilities shall be made by the Pleasanton Unified School District and the City, and it may be in addition to the school impact fees required by State law and local ordinance. The present program is described in documents entitled "Cooperation Agreement" and "Flat Fee Agreement." The developer shall be required to participate in the above-referenced program, as it may be amended, or in any successor program, prior to issuance of any building permit for the project.