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Planning Commission corrects affordability term for Abigail Place ownership units to 45 years

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Summary

The commission adopted a revised resolution correcting a typographical error in the previously approved residences at Abigail Place project: ownership inclusionary units must remain affordable for 45 years, not 55.

The Walnut Creek Planning Commission on Jan. 23 approved a correction to a previously adopted resolution for the residences at Abigail Place, changing the stated affordability term for ownership inclusionary units from 55 years to 45 years.

City staff said the project was approved earlier (Resolution 3,922) and that all project approvals and findings remain in effect except for the correction to condition number 2 in the planning commission resolution. The revised resolution corrects the affordability term to the 45-year requirement that applies to ownership inclusionary units under the city's inclusionary housing ordinance.

Simmer Gill, City staff, told the commission the correction is limited to that condition and that the rest of the project approvals, including the state density bonus waivers, tree removals, tree drip line encroachment permit and other findings adopted by the commission in February 2023, remain unchanged. Gill summarized the project history: the residences at Abigail Place is a 17-lot subdivision approved for construction of 17 homes; the planning commission adopted Resolution 3,922 in February 2023; a site development permit was issued Aug. 20, 2024; demolition permits were issued Oct. 15, 2024; demolition and grading are complete and the final map has been recorded. Building permits are ready to issue pending payment of developer fees.

Diane Green, representing developer Shea Homes, attended and made herself available for questions; she did not object to the correction. The commission opened the public hearing; no members of the public spoke. A motion to adopt the revised draft resolution correcting condition 2 was made, seconded and approved by roll call. The yes votes were recorded from Commissioner Kwok, Commissioner Ward, Commissioner Klopp, Commissioner Naiting and Chair Strongman; Vice Chair Anderson and Commissioner Reiser were absent.

The correction changes only the affordability term in condition 2; staff emphasized the correction is ministerial and does not reopen prior approvals. The commission recorded the correction in the revised resolution and adopted it at the meeting.