Resolution 15083 Page 6 of 22
two (2) low-income units and two (2) very-low income units. The affordable units shall be
distributed throughout the development.
8. Building Height and Setback. The heights and setbacks of the buildings shall be shown
on the Building Plans and shall be consistent with Exhibit 1: 2100 Clement Avenue
9. Undergrounding Utilities. The applicant shall underground all overhead utilities along the
project public right of way frontage, including all utilities on the south side of Clement
Avenue, east side of Willow Street, and north side of Eagle Street. Utilities crossing
Clement from the above ground facilities on the south side of Clement to the above ground
utilities on the north side of Clement shall be undergrounded.
10. Public Frontage Improvements. The applicant/developer shall reconstruct frontage
improvements up to the centerline along Clement Street, Willow Street, and the full width
of Eagle including the undergrounding of overhead utilities on all project frontages.
11. CC&Rs. The Covenants, Code and Restrictions (CC&R’s) shall include:
a. A disclosure for residential units fronting onto Clement Avenue that Clement Avenue is a
designated Truck Route and will eventually be used as such, as provided for in the
Transportation Element of the General Plan.
b. A disclosure that Thompson Field is a designated City Park for active recreational
activities that include amplified sound and lighted night time activities and games that
can attract large noisy crowds.
c. A disclosure that all common open space is available for public use and access.
d. Funding and annual reporting obligations for transportation demand management
services.
e. The Covenants, Conditions, and Restrictions (CC&R's) shall include prohibitions and a
monitoring process to ensure that residents who own vehicles park their vehicles in their
garages. The CC&Rs shall also state that no garage shall be converted to living
quarters, business workshops, or offices. The CC&Rs shall include strict rules and
financial penalties to enforce these requirements. Enforcement of this condition shall be
the sole responsibility of the Homeowners Association.
12. Transportation Demand Management Program: The project shall fund and provide
transit services from the property to the regional transportation facilities including
BART. At minimum, the transportation services shall include access to AC Transit
services and commute hour shuttle services to BART. Such services shall be
made available to each home owner upon first occupancy of the first unit. The
transportation services may be provided by the project Homeowners Association, a
third party provider, or an existing transit agency such as AC Transit. To insure
permanent funding for transportation services, a Homeowner’s Association shall be
created for properties located within the project site. The project shall be subject
to its Declaration of Covenants, Conditions and Restrictions for 2100 Clement, a
Planned Development (the “Declaration”), to which these conditions shall be
attached as an Exhibit. The provisions of this Declaration shall provide a
requirement and mechanism of annual funding by the Homeowners Association.
The funding shall be provided on a permanent basis as a Common Expense of the