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I. BACKGROUND On February 12, 1985, the City Council adopted Ordinance 1179 approving the 262 -unit Civic Square Apartment development on an approximately 13.49 -acre site on the southwest corner of Bernal Avenue and Case Avenue. Copies of the City Council and Planning Commission staff reports are attached to the Planning Commission's packet as Exhibit F. The approved project density is 19.4 dwelling units per acre. Since it was opened in 1987, the Civic Square Apartments have been continuously owned and operated by Braddock and Logan Services, Inc., operating as Civic Square, L.L.C. II. SUBJECT PROPERTY AND SURROUNDING AREA Subject Property The Civic Square development was originally approved under an exemption to the City's Growth Management Program that gave a priority to projects that agreed to provide a percentage of their apartment units at below- market rents. The applicant qualified for this exemption by entering into an agreement with the City designating 25 percent of the 262 units 66 units for low income households, defined as 80 percent or less of the Area Median Income. The agreement originally had a 15 -year term through 2001. In 1994, the City extended the term to 2010 when Braddock and Logan Services refinanced its bonds for this development. The revised agreement also included a clause for earlier termination if Braddock and Logan Services paid off the bonds. Civic Square's below- market rental program operated successfully for 20 years until the bonds were paid off the bonds in 2007, thus fulfilling the terms of the agreement. All of the Civic Square units are now market rate units. Surrounding Area The overall Civic Square Apartment site and surrounding streets and land uses are shown on "Figure 1: Civic Square Apartment Development and Surrounding Uses on the following page. The developed and vacant properties surrounding the Civic Square Apartments include the Pleasanton City Hall campus to the east across Bernal Avenue, the vacant Niles Canyon Transportation Corridor (former Southern Pacific Railroad right -of -way) to the south, the Ridge View Commons senior apartments to the west, and the Pleasanton Middle School campus to the north across Case Avenue. Public street access to the Civic Square development is provided by three driveways from Bernal Avenue and Case Avenue, respectively. The Case Avenue driveways provide complete left- /right -turn ingress /egress. The Bernal Avenue driveways, because of the existing median island, provide right -turn ingress /egress only. Internal access to the units and carports and parking areas for vehicles and pedestrians is provided by a system of private streets and sidewalks, respectively. Item 6.c., PUDM- 84- 21 -04M Page 2 of 12 March 25, 2009