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PC Res 3361RESOLUTION NO. 3361 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A PLANNED DEVELOPMENT PERMIT (PLN2001-43) TO ALLOW THE CONSTRUCTION OF 21 RESIDENTIAL LOFT UNITS ON PROPERTY LOCATED AT 300 ORCHARD CITY DRIVE IN A C- PD (CONDOMINIUM-PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF WATER TOWER I, LLC. FILE NO. PLN2001-44. After notification and public heating, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application PLN2001-44: The development of the proposed project will result in a use that is consistent with the General Plan land use of commercial uses for this area in that the General Plan specifically calls for limiting commercial development to within the loop streets (Orchard City Drive and Civic Center Drive) of the downtown area. The development of 21 residential condominiums on the project site is results in a density of 26.25 units per gross acre, consistent with the maximum General Plan density allowed without a density bonus, which is 27 units per gross acre. 3. The proposed project involves the construction of an existing 43,925 square foot building located on a net lot area of 33,977 square feet. The existing property and improvements consists of the converted historic George Hyde Company/Sunsweet Growers cannery factory and fruit drying facility that is listed on the Campbell Historic Resource Inventory as a notable building in the community. 5. The proposed project would construct two new connected buildings in an area that is currently used for private landscaping. 6. The completed project would consist of a 43,925 square foot building, covering 39.8% of the lot, with 14.9% covered by paving and 36.3% covered by landscaping. 7. The project would have a floor area ratio of 1.63. o The proposed project includes improvements and alterations to Hyde Park to accommodate pedestrian access to the development and to enlarge the area of Hyde Park by removing six existing public parking spaces and re-striping the existing First Street Parking Garage to increase the garage capacity by six parking spaces. Planning Commission Reso,.fion No. 3361 PLN2001-44 - 300 Orchard City Drive - Planned Development Permit - Water Tower Lofts Page 2 The proposed project would continue the use of brick, arched windows and related cannery details in the new buildings adjacent to the existing buildings and would retain the residential and historic character of the existing building. 10. The proposed project is consistent with the Downtown Neighborhood Development Policies by adding to a historically significant structure and property and respecting the scale and character of the surrounding neighborhood. 11. Buildings of mixed architectural styles surround the proposed project, with commercial development to the north and east, residential structures to the south and a public parking garage to the south. The proposed project is well designed and is architecturally compatible with the surrounding neighborhood. 12. The applicant is providing a total of 45 parking spaces for the project. The 45 parking spaces result in a parking ratio of 2.2 parking spaces per unit, exceeding the Downtown Development Plan, which requires 2.0 spaces per unit. 13. The proposed project is consistent with other developments in the surrounding area and is consistent with the development standards for residential uses. 14. As the Zoning Code requires all condominium projects to be located in a C-P-D zone, the proposed project includes a Rezone (PLN 2001-43) to C-P-D as required. 13.There is no evidence to support a reasonable finding that a significant adverse impact to the environment would occur. Additionally, the project is not located in a particularly sensitive environment and no substantial evidence has been presented to suggest that there is a reasonable possibility that significant environmental impacts would result from the project due to unusual circumstances or from the cumulative impacts of successive projects of the same type in the same place. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed development and uses clearly will result in a more desirable environment and use of the land than would be possible under any other zoning classification. 2. The development and uses will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 3. The proposed development will not result in allowing more residential units than would be allowed by other residential zoning districts, which are consistent with the General Plan designation of the property; and 4. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. Planning Commission Reso,.,don No. 3361 PLN2001-44 - 300 Orchard City Drive - Planned Development Permit - Water Tower LoRs Page 3 No substantial evidence has been presented which shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. Where approval by the Director of Community Development, City Engineer, Public Works Director or City Attorney is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified: COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: 1. Approved Proiect: Approval is granted to construct a 21-unit condominium project consisting of two buildings (two and four story buildings). The building designs and site design shall substantially conform to the project exhibits listed below, except as may be modified by the Conditions of Approval herein: a. Set of plans prepared by MBH Architects dated June 12, 2001, including building elevations, floor plans, site plan, and building sections. b. Color and material boards submitted by MBH Architects on March 15, 2001. c. Tentative Subdivision Map prepared by engineers Charles W. Davidson Co. received on June 12, 2001. d. Final materials, colors and window, balcony and awning construction details shall be reviewed and approved by the Site & Architectural Review Committee prior to issuance of Building Permits. e. The Planned Development Permit approval shall expire and be void two years from the date of final approval, unless a building permit is obtained. Construction must be completed two years thereafter or the Planned Development Permit shall be void. 2. Landscaping: a. All on-site landscaping shall be installed and maintained in accordance with the approved landscape plan to be reviewed and approved by the Community Development Director prior to issuance of Building Permits. Plans to include the following: i. Private patio details including materials and landscaping. ii. Transition area between proposed building and First Street Parking Garage. iii. Improvements to the common open space areas. Planning Commission Reso,,tion No. 3361 PLN2001-44 - 300 Orchard City Drive - Planned Development Permit - Water Tower Lofts Page 4 bo A tree protection plan shall be submitted prior to issuance of a building permit in accordance with the City's Water Efficient Landscape Standards (WELS) for any trees to be retained on site. A six foot tall chain link fence shall be installed around each tree to be preserved prior to the commencement of any construction activity on site. 3. Parking and Driveways: a. All parking and driveway areas shall be developed in compliance with Chapter 21.50 of the Campbell Municipal Code with the following exceptions allowed by this Planned Development Permit: 1. A minimum back-up space of 24 feet may be provided. 2. All parking spaces located adjacent to a solid wall within the parking garage shall provide an additional three (3) feet in width. 3. Standard size stalls shall be a minimum of 8.5 feet by 18 feet. 4. Compact size stalls shall be a minimum of 7.5 feet by 15 feet. b. The applicant shall provide decorative pavement within the vehicular driveway in front of the underground garage entry. The design and materials to be used for the decorative pavement shall be reviewed and approved by the Community Development Director prior to issuance of building permits for the project. 4. Covenants, Codes and Restrictions (CC&Rs): The applicant shall be required to submit for review and approval by the City Attorney and Community Development Director a copy of the CC&Rs which shall include the following: a. Formation of a homeowner's association to ensure the long-term maintenance of buildings and properties. b. Continued architectural controls to ensure the architectural integrity of the project, including restrictions on storage of items on the exterior balconies. c. Definition of common areas to be maintained and provision of maintenance for these areas, including the parking garage, pedestrian access areas, driveway and fire access area. d. Provision of a funding mechanism to ensure maintenance and upkeep of common areas and shared building walls and roofs to be repaired, repainted, and/or replaced as necessary. e. Provision for the availability of the below grade parking garage space for the parking of vehicles at all times. f. Provision to prohibit the use of parking spaces for storage purposes, including boats, trailers, camper bodies or any vehicle longer than 18 feet. Planning Commission Rest,.,don No. 3361 PLN2001-44 - 300 Orchard City Drive - Planned Development Permit - Water Tower Lofts Page 5 5. Park Impact Fee: A park impact fee of $5,635 per unit is due upon development of the condominium project. Prior to recordation of the final subdivision map, 75% of this fee is due. The remaining 25% is due prior to issuance of a certificate of building occupancy. 6. Fences: Any newly proposed fencing and/or walls shall be reviewed and approved by the Community Development Director prior to issuance of any Building Permits for the project. 7. Property Maintenance: The property is to be maintained free of any combustible trash, debris and weeds until the time that actual construction commences. All existing structures shall be secured by having windows boarded up and doors sealed shut, or be demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). 8. Utility Boxes and Back-Flow Preventers: The applicant shall submit a plan, for the review and approval of the Community Development Director, prior to installation or relocation of PG&E utility (transformer) boxes and San Jose Water Company back-flow preventers, indicating the location of the boxes and provisions for visual screening (if the boxes are above ground). 9. On-site lighting: On-site lighting shall be shielded away from adjacent properties and directed on site. The design and type of lighting fixtures and lighting intensity of any proposed exterior lighting for the project shall be reviewed and approved by the Community Development Director prior to issuance of any Building Permits for the project. Lighting fixtures shall be of a decorative design to be compatible with the development and shall incorporate energy saving features. 10. Roof Screen: Prior to issuance of Building Permits, submit a detailed plan for the screening of roof-mounted equipment. The roof screen shall be compatible with the overall design and materials of the building and shall be subject to review and approval by the Community Development Director. 11. Noise: Prior to issuance of Building Permits, prepare a noise analysis that models future noise conditions, including the future Vasona Line, and incorporate the recommended measures to reduce noise to the residential units to acceptable limits. 12. Existing Building: a. The existing blue awnings located on the existing office buildings shall be removed, and surfaces restored, prior to issuance of Building Occupancy for the residential development. Any new replacement awnings shall be reviewed and approved by the Community Development Director prior to installation. b. The existing equipment enclosure/building located between the existing Water Tower building and the proposed building shall be upgraded in appearance to be compatible with both the existing and proposed buildings prior to Building Occupancy. Submit plan for review and approval of the Community Development Director prior to issuance of Building Permits. 13. Easements: Provide easements and/or access agreements to be reviewed and approved by the Community Development Director prior to issuance of Building Permits for the following: Planning Commission Rest,~.don No. 3361 PLN2001-44 - 300 Orchard City Drive - Planned Development Permit - Water Tower Lofts Page 6 a. Provide direct pedestrian access from both Hyde Park and the First Street Parking Garage through the development to the proposed southern station platform entry point of the Vasona Line Downtown Campbell Station along the east property line of the subject property. b. Provide a joint use easement or equivalent for the existing amphitheatre open space to be shared by the residential and office development. Building Division: 14. Permits Required: A building permit application shall be required for each proposed new structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 15. Construction Plans: Thc Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 16. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 17. Soils Report: Two copies of a current soils report, prepared to the satisfaction of the Building Official, containing foundation and retaining wall design recommendations shall be submitted with the building permit application. A licensed engineer specializing in soils mechanics shall prepare this report. 18. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. Site plan shall also include site drainage details. 19. Foundation Inspections: A pad certificate prepared by a licensed civil engineer or land surveyor shall be submitted to the project building inspector upon foundation inspection. This certificate shall certify compliance with the recommendations as specified in the soils report and the building pad elevation and on-site retaining wall locations and elevations are prepared according to approved plans. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer for the following items: a. pad elevation b. finish floor elevation (first floor) c. foundation comer locations 20. Title 24 Energy Compliance: California Title 24 Energy Compliance forms CF-IR and MF-1R shall be blue-lined on the construction plans. 8½ X 11 calculations shall also be submitted. 21. Special Inspections: When a special inspection is required by U.B.C. Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permits, in accordance with U.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. Planning Commission Resolution No. 3361 PLN2001-44 - 300 Orchard City Drive - Planned Development Permit - Water Tower Lofts Page 7 22. Water Pollution Control: The City of Campbell, standard Santa Clara Valley Non-point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (size 24" X 36") is available at the Building Division service counter. 23. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. West Valley Sanitation District (378-2407) b. Santa Clara County Fire Department (378-4010) c. School District: (Note: To Determine your district, contact the offices identified above. Obtain the School District payment form from the City Building Division, after the Division has approved the building permit application.) i. Campbell Union School District (378-3405) ii. Campbell Union High School District (371-0960) iii. Moreland School Disthct (379-1370) iv. Cambrian School District (377-2103) d. Bay Area Air Quality Management District (Demolitions Only) FIRE DEPARTMENT: 24. Formal Plan Review: Review of this developmental proposal is limited to acceptability of site access and water supply as they pertain to fire department operations and shall not be construed as a substitute for formal plan review to determine compliance with adopted model codes. Prior to performing any work, the applicant shall make application to, and receive from, the Building Department all applicable construction permits. 25. Required Fire Flow: The required fire flow for this project will be determined upon submittal of detailed plans. The construction type shall be non-combustible, as required by the Fire Department. As an automatic fire sprinkler system will be installed, the fire flow will be reduced by 50 percent. 26. Automatic Fire Sprinkler System Required: Buildings requiring a fire flow in excess of 2,000 GPM or, in excess of two stories or 35 feet in height, shall be protected throughout by an automatic fire sprinkler system, hydraulically designed per 1997 UBC Std. 9-1 (NFPA Std. 13 [96]). Per meeting notes, the fire sprinkler system shall fully comply with the noted standard. 27. Public Fire Hydrant(s) Required: Provide public fire hydrant(s) at location(s) to be determined by the Fire Department and San Jose Water Company. Hydrant(s) shall have a minimum single flow of 1,500 GPM at 20 psi residual, with spacing not to exceed 250 feet. Prior to applying for building permit, provide civil drawings reflecting all fire hydrants serving the site. To prevent building permit delays, the developer shall pay all required fees to the water company ASAP. 28. Private On-Site Fire Hydrant(s) Required: Provide private on-site fire hydrant(s) installed per NFPA Std. #24, at location(s) to be determined by the Fire Department. Locate a hydrant along the truck access route at the 150-foot location measured inward from the street. Prior Planning Commission Resolution No. 3361 PLN2001-44 - 300 Orchard City Drive - Planned Development Permit - Water Tower Lofts Page 8 to design, the project civil engineer shall meet with the fire department water supply officer to jointly spot the required fire hydrant locations. 29. Fire Hydrant Location Identifier: Prior to project final inspection, the general contractor shall ensure that an approved ("Blue Dot") fire hydrant location identifier has been placed in the roadway, as directed by the fire department. 30. Hose Valves/Standpipes Required: Buildings shall be equipped with automatic wet standpipes designed per 1997 UBC Std. 9-2 0NFPA Std. #14), to include 2 ½-inch hose valves located within the stair enclosure(s) and on each side of the 2 hour area separation wall. Design shall provide a minimum working pressure at the roof outlet of 155 psi. 31. On-Site Private Fire Service Mains and/or Hydrants: Installation of private fire service mains and/or fire hydrants shall conform to National Fire Protection Association (NFPA) Standard #24 and Fire Department Standard Details and Specification W-2. A separate installation permit from the fire department is required. 32. Emergency Gate/Access Gate Requirements: Gate installations shall conform with Fire Department Standard Details and Specification G-1 and, when open shall not obstruct any portion of the required width for emergency access roadways or driveways. Locks shall consist of fire department approved (Knox) devices. 33. Fire Lane Marking Required: Roadways deemed necessary to facilitate emergency vehicle access shall be identified in accordance with Fire Department Standard Details and Specifications A-6 and Local Government Standards. 34. Required Access to Buildings: Portions of the structure(s) exceed 150 feet of travel distance as measured along an accessible route of travel from an approved fire apparatus access roadway or driveway. Provide an approved fire apparatus roadway and approved turn- around or install an approved automatic fire sprinkler system throughout all portions of the building. Note: Provide fire department access pathway to main entry of project from First Street side. 35. Fire Department Key Box Required: The building shall be equipped with a permanently installed emergency access key lock box (Knox) conforming to Fire Department Standard Detail and Specification sheet K-1. At time of final inspection, access keys shall be provided to the fire department. 36. Location of Required Fire Protection System(s) Equipment: Proposed locations for fire hydrants, fire sprinkler system(s) control valves (PIV/O.S&Y), fire department connections (FDC) and fire alarm equipment shall be coordinated with the fire department and the project planners prior to design. 37. Premises Identification: Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their backgrounds. 38. Fire Alarm System Required: The project shall be protected throughout by an approved, manual and automatic fire alarm system designed and installed in accordance with those Planning Commission Resolution No. 3361 PLN2001-44 - 300 Orchard City Drive - Planned Development Permit - Water Tower Lofts Page 9 adopted standards outlined in Chapter 35 of the 1998 California Building Code (Title 24, Part 2). 39. Adjacent Exterior Walls Upgraded to One-Hour Fire-Resistive Construction: It appears that this project will require the exterior walls of the adjacent buildings to be upgraded to one- hour tiro-resistive construction. As the proposed assumed property line places the integrity of the existing exterior walls of the adjacent buildings in jeopardy (separation less than 20 feet) identify how they will be protected. This condition shall be addressed prior to application for building permit(s). 40. Proposed Occupancies: Plan submittals shall reflect all proposed occupancies contained within the project including the underground parking garage. 41. Conditions Included as Notes on Plans: To prevent plan review and inspection delays, the above-noted developmental review conditions shall be restated as "Notes" on all pending and future plan submittals. PUBLIC WORKS DEPARTMENT 42. Parcel Map: Prior to issuance of any building permits for the project, the applicant shall submit a Parcel Map for recordation upon approval by the City. The current plan check fee is $1,170.00 plus $25 per parcel. 43. Preliminary Title Report: Prior recordation of the Parcel Map, the applicant shall provide a current Preliminary Title Report. 44. Easements: Upon recordation of the Parcel Map, the applicant shall cause Easements to be recorded for private utilities, private storm drains, reciprocal ingress and egress, etc. and other uses as appropriate. 45. Monumentation for Parcel Map: Prior to recordation of the Parcel Map, all Monuments shown on the map shall be set. 46. Street Improvements: Prior to recordation of the Parcel Map, the applicant shall execute a street improvement agreement and shall cause plans for public Street Improvements to be prepared by a registered civil engineer, pay fees, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The fee for a non-utility encroachment permit is $245.00. The plans shall include the following: a. First Street - Orchard City Drive to Parking Structure 1. Removal of existing curb, gutter, sidewalk, and approaches, 2. Removal and replacement of existing substandard streetlight, 3. Construction of new curb, gutter, sidewalk, and tree wells, 4. Removal and replacement of street trees and irrigation, as appropriate, 5. Construction of conforms to existing public and private improvements, as necessary. b. Orchard City Drive - First Street to the crosswalk at Central Avenue (VTA Light Rail project limits): 1. Removal of existing curb, gutter, sidewalk and approaches, Planning Commission Resolution No. 3361 PLN2001-44 - 300 Orchard City Drive - Planned Development Permit - Water Tower Lofts Page 10 2. Removal and replacement of existing substandard street light(s), 3. Construction of new curb, gutter, sidewalk, and tree wells, and installation of streetlight(s), 4. Construction of modified standard commercial ADA compliant two-way driveway approach, to replace the existing westerly driveway, 6. Removal and replacement of street trees and irrigation, as appropriate, 7. Construction of conforms to existing public and private improvements, as necessary. 47. Hyde Park Improvements: Prior to recordation, the applicant shall cause plans and specifications, prepared by a landscape architect to be submitted for review and approval by the Public Works Director for constructing certain improvements necessary to reconfigure the park and adjacent parking including: a. Removal of six parking spaces and pavement northerly of the watertower, b. Closing of the existing driveway to First Street and restore sidewalk, c. Removal of the concrete wall (about 2 feet high) along the southerly side of the contiguous parking area, d. Installation of street trees and landscape and irrigation as per the approved plans, e. Removal and installation of signs and stripes as needed, f. Construction of a sidewalk, for access from First Street, across the park to the development. g. Construction of conforms to existing public and private improvements, as necessary. 48. Parking Structure: Prior to recordation of the final tract map, the applicant shall cause plans and specifications to be prepared, for approval by the Public Works Director, for recoating and re-striping of the upper level of the parking structure with a slip resistant coating. Provide at least six (6) additional parking spaces. 49. Water Meter(s) and Sewer Cleanout(s): Existing and proposed Water Meter(s) and Sewer Cleanout(s) shall be installed on private property behind the public right-of-way line. 50. Utilities: All new on-site Utilities shall be installed underground per Section 20.36.150 of the Campbell Municipal Code. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. Additionally, remove utility poles, including overhead wires, conductors, transformers, and related facilities, along the First Street frontage including undergrounding to the first utility pole on Everett Avenue. a. A copy of an agreement with PG&E for undergrounding of existing overhead utilities, which are on-site or within adjoining rights-of-way shall be provided to the Community Development Director prior to issuance of Building Permits or a deposit in an amount sufficient to cover the cost of undergrounding shall be made with the City. 51. Utility Installation Plan: Prior to issuance of building permits for the site, the applicant shall submit a Utility Installation Coordination Plan and Schedule for approval by the City Engineer for installation of street improvements and/or abandonment of all utilities. Streets, Planning Commission ResoLution No. 3361 PLN2001-44 - 300 Orchard City Drive - Planned Development Permit - Water Tower Lofts Page 11 which have been resurfaced within the previous 5 years, will require boring and jacking for all new utility installations. Applicant shall also prepare pavement restoration plans for approval by the City Engineer prior to any utility installation or abandonment. 52. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the site, the applicant shall conduct hydrology studies based on a 10 year storm frequency, prepare an engineered Grading and Drainage Plan, and pay fees required to obtain necessary grading permits. The plans shall comply with the 1998 edition of the California Building Code including Chapters 10, 11, 18, 33, and Appendix Chapter 33. 53. Storm Drain Area Fee: Prior to recordation of the Parcel Map, the applicant shall pay the required Storm Drain Area fee, which is $2,250 per acre. 54. Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permitting requirements and the Califomia Storm Water Best Management Practices handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley Water District and the City of Campbell Municipal Code regarding Storm Water Pollution Prevention. 55. Covenants, Conditions, and Restrictions: Provide copies of CC&Rs for review by the City prior to recordation of the Parcel Map and CC&Rs. 56. Demolition: Prior to recording of the Final Map/Parcel Map the applicant shall obtain a Demolition permit to remove any improvements as necessary. 57. Reapportionment of Assessments: Prior to recordation of the Final Map/Parcel Map, applicant shall submit an application and pay fees for the Reapportionment of Assessments for the new parcel/lot configuration. 58. Lot Line Adjustment: Prior to issuance of any grading or building permits for the site, the applicant shall submit a Lot Line Adjustment application for approval by the City Engineer to resolve any encroachments pursuant to the ALTA survey. The current application processing fee is $600.00. 59. Site Plan: Prior to further processing of the project, the developer shall: a. Preliminary Grading and Drainage plan, including measures to comply with NPDES. b. Provide revised Site Plan to include street improvements required by these Conditions of Approval. c. Revised Parcel Map to include APN 412-07-003 within the distinctive border since the applicant owns the property. Planning Commission Resolution No. 3361 PLN2001-44 - 300 Orchard City Drive - Planned Development Permit- Water Tower Lofts Page 12 REI~EV~'LOPMFNT AGPNCY 60. Prior to issuance of Building Permits, execute an Owner Participation Agreement, or equivalent, with the Redevelopment Agency to provide for cost sharing for half of the expense of the undergrounding of the existing utilities along South First Street to the First Street Parking Garage and to the first utility pole on Everett Avenue. 61. Prior to issuance of Building Permits, execute a Deed Restriction and related documents for the provision of the three required Below Market Rate units. Two units shall be affordable to moderate income households and one unit shall be affordable to low-income households per the Redevelopment Plan, unless otherwise allowed by the Redevelopment Agency. Unit selection shall be at the sole discretion of the Agency, but shall be reflective of the overall unit mix of the development. PASSED AND ADOPTED this 26th day of June, 2001, by the following roll call vote: AYES: Commissioners: Francois, Gibbons, Lindstrom and Jones NOES: Commissioners: None ABSENT: Commissioners: Doorley, Hemandez and Lowe ABSTAIN: Commissioners: None /f APPROVEiW~~~ ,~~::~/ ~ Mel Li/~dstrom, Chair ATTE S T: ,~~64~r-r~ ~~0-~ ~' Sharon Fierro, Secretary