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HomeMy WebLinkAbout2009-40 RESOLUTION NO. 2009-40 RECOMMENDING THAT THE TOWN COUNCIL ADOPT A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND APPROVE PRELIMINARY DEVELOPMENT PLAN - REZONING REQUEST PUD 2007-01, FINAL DEVELOPMENT PLAN REQUEST DP2007-14, MAJOR SUBDIVISION REQUEST SD 9204, AND TREE REMOVAL REQUEST TR09- 036 ALLOWING THE DEVELOPMENT OF A 9-UNIT ATTACHED SINGLE F AMIL Y RESIDENTIAL DEVELOPMENT (APN: 218-371-010 - 943 CAMINO RAMON) WHEREAS, G. Novotny and M. Berney, Owners, and Milani and Associates, Applicants, have requested approval of a Preliminary Development Plan - Rezoning request, Final Development Plan - Major Subdivision request, and Tree Removal Request TR09-036 to rezone a 0.75 + / - acre site from M-9; Multiple Family Residential District to a new P-1; Planned Unit Development District, and to subdivide the site to allow development of nine (9) attached single family lots; and WHEREAS, the subject site portrayed on the developer's submittal is located at 943 Camino Ramon and is further identified as Assessor's Parcel Numbers 218- 371-010; and WHEREAS, the Tree Removal request TR 2009-036 would authorize the removal of seven Town-protected trees with such action taken in concert with the removal of an additional 21 non-protected trees); and WHEREAS, the Town of Danville P-1; Planned Unit Development District Ordinance requires approval of a Preliminary Development Plan - Rezoning request prior to the approval of a Final Development Plan - Major Subdivision application; and WHEREAS, the Town of Danville's Tree Preservation Ordinance requires approval of a Tree Removal permit prior to the removal of Town-protected trees; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on December 8, 2009; and WHEREAS, a Mitigated Negative Declaration of Environmental Significance has been prepared for the project indicating that, as modified through project revisions or recommended conditions of approval, no significant environmental impacts are anticipated to be associated with the project; and PAGE 1 OF RESOLUTION NO. 2009-40 WHEREAS, the public notice of this action was given in all respects as required by law; and WHEREAS, a staff report was submitted recommending that the Planning Commission approve the request; and WHEREAS, the Planning Commission did hear and consider all reports, recommendations, and testimony submitted in writing and presented at the hearing; now, therefore, be it RESOLVED that the Planning Commission of the Town of Danville recommends the Town Council adopt the Mitigated Negative Declaration of Environmental Significance and approve Preliminary Development Plan - Rezoning request PUD 07-01 and Final Development Plan - Major Subdivision request DP2007-014 and SD 9204, and Tree Removal Request TR09-0036 per the following conditions, and makes the following findings in support of this recommendation: Preliminary Development Plan - Rezoning: 1. The proposed Rezoning is in substantial conformance with the goals and policies of the Danville 201 0 General Plan. 2. The uses authorized or proposed in the land use district are compatible within the district and to uses authorized in adjacent districts. 3. Community need has been demonstrated for the uses authorized or proposed. 4. There is no evidence before the Town that the proposed project will have potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Final Development Plan - Major Subdivision: 1. The proposed subdivision is in substantial conformance with the goals and policies of the Danville 2010 General Plan. 2. The design of the proposed subdivision is in substantial conformance with the applicable zoning regulations. PAGE 2 OF RESOLUTION NO. 2009-40 3. The design of the subdivision and the type of associated improvements will not likely cause serious public health problems because, in part, water and sanitary facilities services will be available to the project. 4. The density of the subdivision is physically suitable for the subject site and surrounding neighborhood and is consistent with allowable density standards as allowed for this site under the Danville 2010 General Plan. 5. The design of the proposed subdivision and improvements are not likely to cause substantial environmental damage or subsequently injure fish or wildlife or their habitat since this property is in an area where development has previously occurred. 6. The design of the proposed subdivision and proposed improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. Tree Removal Request: 1. Necessity. The primary reason for removal of 28 trees, including seven Town-protected trees, is that preservation of those trees would be inconsistent with the proposed residential development of the property. Grading and paving would be necessary to create residential lots and to build the private driveway. The proposed grading and paving could not be conducted while preserving these trees. 2. Erosion/ surface water flow. Removal of the seven Town-protected trees and 28 total trees would not cause significant soil erosion or cause a significant diversion or increase in the flow of surface water because all development would take place in compliance with the Town Erosion Control Ordinance (Ord. 91-25) and a complete site drainage system will be installed in conjunction with the property's development. 3. Visual effects. Removal of the 28 trees, including seven Town protected trees would not significantly affect off-site shade or adversely affect privacy between properties due to proposed mitigation plantings and landscape plan. PAGE 3 OF RESOLUTION NO. 2009-40 CONDITIONS OF APPROVAL Conditions of approval with an asterisk (//*//) ill the left-hand column are standard project conditions of approval. Conditions of approval typed in italicized text are mitigation measures derived from the Mitigated Negative Declaration of Environmental Significance prepared for the project. Unless otherwise specified, the following conditions shall be complied with prior to the Town Council approval of the initial final map for the project. Each item is subject to review and approval by the Planning Division unless otherwise specified. A. GENERAL . 1. This approval is for Preliminary Development Plan - Rezoning request PUD 2007-01, Final Development Plan request DP2007-14, and Major Subdivision request SD 9204 collectively seeking authorization to rezone the subject site from M-9; Multiple Family Residential District to P-1; Planned Unit Development District, and to allow the subdivision of the 0.75 + / - acre site into nine lots and to construct a nine-unit attached single family residential project. Development shall be substantially as shown on the project plans as follows, except as may be modified by conditions contained herein: a. Vesting Tentative Map, Preliminary Grading Plan, Sections, Off- site drainage details, and Preliminary Landscape Plan consisting of nine sheets, as prepared by Milani and Associates, and dated received by the Planning Division on November 19, 2009. b. Preliminary Architectural and Floor Plans, consisting of fifteen sheets, as prepared by Steven F. Kubitschek Residential Design, dated June 9, 2009. c. Stormwater Control Plan consisting of ten sheets and associated appendices, as prepared by Milani and Associates, dated November 19,2009. PAGE 4 OF RESOLUTION NO. 2009-40 d. Tree Report and Survey consisting of five sheets, as prepared by Advance Tree Service, dated received by the Planning Division on July 26, 2007. e. Geotechnical Investigation consisting of thirty pages, as prepared by Nicholas Engineering Consultants, dated received by the Planning Division on July 26, 2007. * 2. The developer shall pay any and all Town and other related fees applicable to the property. These fees shall be based on the current fee schedule in effect at the time the relevant permits are secured, and shall be paid prior to issuance of said permit. Notice should be taken specifically of the Map Checking Fee ($3,674.00), Improvement Plan Check Fee (3% of cost estimate), Engineering Inspection Fee (5% of cost estimate), Base Map Revision Fee ($747.00), Excavation Mitigation Fee ($3,285.00), Park Land in Lieu Fee ($43,487.60 - current estimate), Drainage Area 37 A ($703.00), Child Care Facility Fee ($115.00junit), Finish Grading Inspection Fee ($70.00junit), Storm Water Pollution Program Fee ($47.00junit), SCC Regional Fee ($l,182.00junit), SCC Sub- Regional Fee ($3,263.00junit), TIP Residential Fee ($2,OOO.00junit), and Tri-Valley Transportation Fee ($l,387.00junit). 3. Prior to the recordation of the final map the developer shall reimburse the Town for notifying surrounding neighboring residents of the public hearing. The fee shall be $525.44 (184 notices X $0.83 per notice x 2 notices plus two noticing processing fees of $110.00). * Prior to the issuance of grading or building permits, the developer shall submit written documentation that all requirements of the San Ramon Valley Fire Protection District (SRVFPD) and the San Ramon Valley Unified School District have been, or would be, met to the satisfaction of these respective agencies. 4. 5. The developer shall submit to the Town of Danville fees required to file a Notice of Determination for this project within five days of approval of this project. The fee shall be $50.00. PAGE 5 OF RESOLUTION NO. 2009-40 * * * * * 10. 6. In the event that subsurface archeological remains are discovered during any construction or pre-construction activities on the site, all land alteration work within 100 feet of the find shall be halted, the Town Planning Division notified, and a professional archeologist, certified by the Society of California Archeology and/ or the Society of Professional Archeology, shall be notified. Site work in this area shall not occur until the archeologist has had an opportunity to evaluate the significance of the find and to outline appropriate mitigation measures, if they are deemed necessary. If prehistoric archaeological deposits are discovered during development of the site, local Native American organizations shall be consulted and involved in making resource management decisions. 7. Construction activity shall be restricted to the period between the weekday hours of 7:30 a.m. to 5:30 p.m. (Mondays through Fridays), unless otherwise approved in writing by the City Engineer for general construction activity and the Chief Building Official for building construction activity. Prior to any construction work on the site, including grading, the developer shall install a minimum 3' x 3' sign at the project entry which specifies the allowable construction work days and hours, and lists the name and contact person for the overall project manager and all contractors and sub-contractors working on the job. 8. The developer shall provide security fencing, to the satisfaction of the City Engineer and/ or the Chief Building Official, around the site during construction of the project. 9. The developer shall require their contractors and subcontractors to fit all internal combustion engines with mufflers, which are in good condition, and to locate stationary noise-generating equipment as far away from existing residences as feasible. A watering program which incorporates the use of a dust suppressant, and which complies with Regulation 2 of the Bay Area Air Quality Management District shall be established and implemented for all on and off-site construction activities. Equipment and human resources for watering all exposed or disturbed soil surfaces shall be supplied on weekends and holidays as well as workdays. Dust-producing activities shall be discontinued during high wind periods. PAGE 6 OF RESOLUTION NO. 2009-40 * * 12. * 14. 11. As part of the initial submittal for the final map, plan check, and/ or building permit review process (whichever occurs first), the developer shall submit a written Compliance Report detailing how the conditions of approval for this project have been complied with. This report shall list each condition of approval followed by a description of what the developer has provided as evidence of compliance with that condition. The developer must sign the report. The report is subject to review and approval by the City Engineer and/ or Chief of Planning and/ or Chief Building Official, and may be rejected by the Town if it is not comprehensive with respect to the applicable conditions of approval. Planning Division sign-off is required prior to final building inspection sign-off by the Building Division. 13. The developer shall create a construction staging plan that addresses the ingress and egress location for all construction vehicles, parking and material storage area. This plan shall be subject to review and approval by the Town prior to the issuance of a grading permit. Prior to the issuance of grading permits, the developer shall retain a specialist to assess any rodent control impacts associated with the development and shall develop a rodent control plan, which shall be subject to review and approval by the Planning Division. B. SITE PLANNING * 1. * 2. All lighting shall be installed in such a manner that lighting is generally down directed and glare is directed away from surrounding properties and rights-of-way. The location of any pad mounted electrical transformers shall be subject to review and approval by the Planning Division prior to the issuance of a building permit. To the extent feasible, such transformers shall not be located between any street and the front of a building. 3. Anyon-site well and septic systems shall be destroyed in accordance with Contra Costa County Health Services Department - Environmental Health Division regulations. Environmental Health Division permit and inspections for this work shall be obtained. PAGE 7 OF RESOLUTION NO. 2009-40 C LANDSCAPING 1. Final landscape and irrigation plans (with planting shown at 1 "=20' scale) for the front and rear yard areas of all parcels shall be submitted for review and approval by the Design Review Board prior to the issuance of a Building Permit. The plan shall include common names of all plant materials and shall indicate the size that various plant materials would achieve within a five-year period of time. 2. The landscape plan for all C3.facilities shall be substantially consistent with the recommendations contained in the C3 Guidebook, including plant materials, soil and irrigation details. Irrigation for all the C3 Integrated Management Practices (IMP) areas shall be designed on separate zones. * 3. All plant material shall be served by an automatic underground irrigation system and maintained in a healthy growing condition. Irrigation shall comply with Town of Danville Landscape Ordinance #91-14 and landscape guidelines and shall be designed to avoid runoff and overspray. Proposed common maintenance lawn areas within the project shall not exceed a maximum of 25 percent of proposed common landscaped areas. * 4. All trees shall be a minimum of 15-gallon container size. All trees shall be properly staked. All remaining shrubs used in the project, which are not used as ground cover, shall be a minimum of five gallons in size. * 5. All landscaped areas not covered by shrubs and trees shall be planted with live ground cover. All proposed ground cover shall be placed so that they fill in 'within two years. 6. The applicant shall document that a diligent effort has be made to secure input and approval from the adjacent neighbors to the east and south regarding the number, type, and location of project-installed shrubs and trees to provide buffer screening of the project and vehicular activity associated with the project. Prior to recordation of the final map or issuance of a grading permits, the applicant shall submit documentation regarding the preference of the neighbors, and the resultant desired landscape design, which shall be subject to Town review and approval as part of on the final landscape plans. PAGE 8 OF RESOLUTION NO. 2009-40 7. Concurrent with the submittal of the final grading plans, the applicant shall submit a plan detailing all project fences and all project retaining walls. Details shall include fence and wall heights, designs, construction materials, and method of provision for drainage behind retaining walls. The plans shall also depict which fences and which retaining walls shall be maintained by the homeowners association. Final fence and retaining wall design shall be subject to review and approval by the Planning Division prior to issuance of grading permits or building permits. 8. The project construction landscaping plans shall indicate that applicant shall provide individual hose bib connections in each rear yard patio area and shall supply a minimum three-station irrigation timing clock that is pre-plumbed for a private irrigation system in each rear yard area. D. ARCHITECTURE * 1. All ducts, meters, air conditioning and/or any other mechanical equipment whether on the structure or on the ground shall be effectively screened from view with landscaping or materials architecturally compatible with the main structures. * 2. The street numbers for each building in the project shall be posted so as to be easily seen from the street at all times, day and night by emergency service personnel. * 3. Samples of final materials and the proposed color palette shall be submitted for review and approval by the Design Review Board prior to the issuance of building permits for the project. 4. Final architectural elevations, details and revisions shall be submitted for review and approval by the Design Review Board prior to issuance of building permits for the project. The locations of windows that face adjacent units shall be adjusted such that the windows do not align for privacy. Six full sized sets of construction drawings for the project shall be submitted to the Planning Division for design review concurrent or prior to, the developer initiating the Building Division plan check process. PAGE 9 OF RESOLUTION NO. 2009-40 5. The project covenants, conditions and restrictions shall provide a review and approval process for any proposed repainting or re- roofing of exteriors of the units in this project. Any modification to the final color and material selection for the project shall be subject to the review and approval by the Planning Division through the Development Plan process. 6. The applicant shall develop design guidelines for construction of accessory structures in the rear yards of the residences in this development. The guidelines shall specify coverage, height, and setback requirements for construction in the rear yard areas. The guidelines shall be included as part of the project CC&Rs and a copy shall be provided to all homebuyers and to the Town. The guidelines shall be submitted for review and approval by the Town prior to recordation of the final map or issuance of building permits. A standardized shade structure shall be designed for utilization for the rear yard areas of Units 2 through 9, providing direction to future property owners of the design, maximum size parameters (footprint and height) and construction materials to be utilized for attached shade structures constructed over their patio areas. Any attached shade structure developed in the yard areas for these units shall not extend more than eight feet away from the rear building elevation. Detached shade structures requiring a Building Permit shall be subject to review and approval by the Planning Division under a separate administrative Development Plan. E. TRAFFIC/PARKING 1. An R1-1 Stop Sign and pavement legend shall be installed facing the driveway exit. 2. The stamped concrete surfacing at the northeast corner of the site shall be fitted with bollards or low fencing to prevent against unauthorized parking. Final design shall be subject to review and approval by the Town's Engineering, Transportation, and Planning Divisions. PAGE 10 OF RESOLUTION NO. 2009-40 3. The proposed concrete sidewalk along the north side of the driveway (west of the two compact parking spaces) and the curbs along the driveway shall be painted red and R26F "No Parking, Fire Lane" signs shall be installed on both sides (one sign for each side) to further emphasize the parking prohibition. All sidewalks with longitudinal slopes exceeding 1:20 or with stairs shall be constructed with landings and handrails in conformance with the California Building Code. F. GRADING/ENGINEERING * * * 1. Any grading on adjacent properties will require prior written approval of those property owners affected, with evidence submitted to the Town. 2. At least one week prior to commencement of grading, the developer shall post the site and mail to the owners of property within 300 feet of the exterior boundary of the project site, to the homeowner associations of nearby residential projects, and to the Town of Danville Development Services Department, a notice that construction work will commence on or around the stated date. The notice shall include a list of contact persons with name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be kept current at all times and shall consist of persons with authority to initiate corrective action in their area of responsibility. The names of individuals responsible for dust, noise and litter control shall be expressly identified in the notice. 3. Development shall be completed in compliance with a detailed soils report and the construction grading plans prepared for this project. The engineering recommendations outlined in the project specific soils report shall be incorporated into the design of this project. The report shall include specific recommendations for foundation design of the proposed buildings and shall be subject to review and approval by the Town's Engineering and Planning Divisions. The geotechnical engineer-of-record shall certify that the design conforms to the report recommendations before a Grading Permit is issued by the Town. PAGE 11 OF RESOLUTION NO. 2009-40 * * * * * * 4. Where soils or geologic conditions encountered In grading operations are different from that anticipated in the soil report, a revised soils report shall be submitted for review and approval by the City Engineer. It shall be accompanied by an engineering and geological opinion as to the safety of the site from settlement and seismic activity. 5. All development shall take place in compliance with the Town Erosion Control Ordinance (Ord. 91-25). Restrictions include limiting construction primarily to the dry months of the year (May through October). If all or part of the construction does occur during the rainy season, the developer shall submit an Erosion Control Plan to the City Engineer for review and approval. This plan shall incorporate erosion control devices such as, the use of sediment traps, silt fencing, pad berming and other techniques to minimize erosion. 6. All grading activity shall address National Pollutant Discharge Elimination system (NPDES) concerns. Specific measures to control sediment runoff, construction pollution and other potential construction contamination shall be addressed through the Erosion Control Plan (ECP) and Storm Water Pollution Prevention Plan (SWPPP). The SWPPP shall supplement the Erosion Control Plan and project improvement plans. These documents shall also be kept on-site while the project is under construction. A Notice of Intent shall be filed with the Regional Water Quality Control Board, with a copy provided to the Town before a Grading Permit will be issued. 7. All new development shall be consistent with modern design for resistance to seismic forces. All new development shall be in accordance with the California Building Code and Town of Danville Ordinances. 8. All cut and fill areas shall be appropriately designed to minimize the effects of ground shaking and settlement. 9. Stockpiles of debris, soil, sand or other materials that can be blown by the wind shall be covered. PAGE 12 OF RESOLUTION NO. 2009-40 * 10. If toxic or contaminated soil is encountered during construction, all construction activity in that area shall cease until the appropriate action is determined and implemented. The concentrations, extent of the contamination and mitigation shall be determined by the Contra Costa County Health Department. Suitable disposal and/ or treatment of any contaminated soil shall meet all federal, state and local regulations. If deemed appropriate by the Health Department, the developer shall make provisions for immediate containment of the materials. Runoff from any contaminated soil shall not be allowed to enter any drainage facility, inlet or creek. 11. In recognition that the concrete spillway at the northeast corner of the site will be approximately five feet lower than the adjacent storm drain junction box, it shall be enclosed with open wire fencing to protect against a fall. Final fencing details shall be subject to review and approval by the Town Planning Division. 12. The applicant shall relinquish abutters' rights for vehicle access to Camino Ramon along the entire property frontage except where the vehicle driveway is proposed. G. STREETS * * * 3. * 4. 1. The developer shall obtain an encroachment permit from the Engineering Division prior to commencing any construction activities within any public right-of-way or easement. 2. Street signing shall be installed by the developer as may be required by the City Engineer. Traffic signs and parking restriction signs, which may be required to be installed, shall be subject to review and approval by the Transportation Division and the Police Department. All mud or dirt carried off the construction site onto adjacent streets shall be swept each day. Water flushing of site debris or sediment or concrete washing is expressly prohibited. Any damage to street improvements now existing or done during construction on or adjacent to the subject property shall be repaired to the satisfaction of the City Engineer, at full expense to the developer. This shall include slurry seal, overlay or street reconstruction if deemed warranted by the City Engineer. PAGE 13 OF RESOLUTION NO. 2009-40 * 5. All improvements within the public right-of-way, including curb, gutter, sidewalks, driveways, paving and utilities, shall be constructed in accordance with approved standards and/ or plans and shall comply with the standard plans and specifications of the Development Services Department and Chapters XII and XXXI of the Town Code. At the time project improvement plans are submitted, the developer shall supply to the City Engineer an up- to-date title report for the subject property. 6. Private streets shall be improved to public street structural standards. Private street improvements, and their dimensions, shall be as shown on the project plans identified in #A.1. above and shall conform to Danville Standard Plan 104 a and b. H. INFRASTRUCTURE * * * * 1. Domestic water supply shall be from an existing public water system. Water supply service shall be from the East Bay Municipal Utility District water system in accordance with the requirements of District. 2. All wastewater shall be disposed into an existing sewer system. Sewer disposal service shall be from the Central Contra Costa Sanitary District sewer system in accordance with the requirements of the District. 3. Drainage facilities and easements shall be provided to the satisfaction of the City Engineer of the Town of Danville. 4. All runoff from impervious surfaces shall be intercepted at the project boundary and shall be collected and conducted via an approved drainage method through the project to an approved storm drainage facility, as determined by the City Engineer. Development which proposes to contribute additional water to existing drainage systems shall be required to complete a hydraulic study and make improvements to the system as required to handle the expected ultimate peak water flow and to stabilize erosive banks that could be impacted by additional storm water flow. Underground storm drainage pipe networks shall have cleanouts installed at all90-degree or greater bends for maintenance. PAGE 14 OF RESOLUTION NO. 2009-40 5. Except where this conflicts with the C.3. Plan, roof drainage from structures shall be collected via a closed pipe and conveyed to an approved storm drainage facility in the street curb. No concentrated drainage shall be permitted to surface flow across sidewalks. * Any portion of the drainage system that conveys runoff from public streets shall be installed within a dedicated drainage easement, or public street. 6. * 7. If a storm drain must cross a lot, or be in an easement between lots, the easement shall be equal to or at least double the depth of the storm drain. * 8. The developer shall furnish proof to the City Engineer of the acquisition of all necessary rights of entry, permits and/or easements for the construction of off-site temporary or permanent road and drainage improvements. * 9. All new utilities required to serve the development shall be installed underground in accordance with the Town policies and existing ordinances. All utilities shall be located and provided within public utility easements, sited to meet utility company standards, or in public streets. * All utility distribution facilities, including but not limited to electric, communication, and cable television lines, within a residential subdivision shall be under ground. 10. 11. The applicant shall remove the existing joint utility pole at the southwest corner of the property which terminates the overhead utility alignment and serves as the transition point for the underground joint trench that extends to the south and shall provide an underground joint trench across the frontage of the subject property. * 12. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. PAGE 15 OF RESOLUTION NO. 2009-40 12. Lot Line Adjustment 2009-02, which transfers a portion of the neighboring Subdivision 4819 Lot 7 to the applicant's property, shall be recorded prior to recordation of the project final map. If the neighboring property owner elects not to allow the lot line adjustment to record, the applicant shall have the responsibility to redesign the associated improvements so encroachment on the neighbor's property is not needed, with the alternate design subject to review and approval by the Planning Division. At the discretion of the Town, redesign of the improvements and associated modifications to the tentative map may be referred to the Planning Commission for consideration and action. 13. The tentative map anticipates the relinquishment and reestablishment of property rights between the applicant and the neighboring properties to the north, including Parcel D of Minor Subdivision 172-77, Lot 6 of Subdivision 4819, and Lot 7 of Subdivision 4819, as illustrated on the Easement Exhibit, Sheet 8. The documents associated with the relinquishment and reestablishment of property rights shall be recorded prior to recordation of the project final map. If any of the neighboring property owners elects not to participate in the relinquishment and reestablishment of property rights, the applicant shall have the responsibility to redesign the improvements so the affected transfer of rights is not needed, with the alternative design subject to review and approval by the Planning Division. At the discretion of the Town, redesign of the improvements and associated modifications to the tentative map may referred to the Planning Commission for consideration and action. 1. CLEAN WATER/STORMWATER 1. The proposed project shall conform to the Town's Stormwater Management and Discharge Control Ordinance (Ord. No. 94-19) and all applicable construction and post-construction Best Management Practices (BMPs) for the site. Construction BMPs may include, but are not limited to: the storage and handling of construction materials, street cleaning, proper disposal of wastes and debris, painting, concrete operations, dewatering operations, pavement operations, vehicle/equipment cleaning, maintenance .and fueling and stabilization of construction entrances. Training of contractors on BMPs for construction activities is an applicant requirement under this permit. PAGE 16 OF RESOLUTION NO. 2009-40 2. As part of this plan, the applicant will also prepare and record an Operations and Maintenance Agreement and Plan to ensure that the facilities are properly maintained and operated post construction. The integrated management practices (IMP) proposed for the treatment areas will be consistent with the recommendations of the Contra Costa Clean Water Program. 3. Inspection requirements: The applicant and the Town grading inspector shall set up an inspection schedule at the pre-construction meeting that allows for the following inspection check points: . Pre-construction meeting to identify and explain the purpose of all C3. facilities to be built on-site and how they are to function and agree upon the schedule of inspections needed. Check for conflicts and/or inconsistencies in the C3. Stormwater plans with the improvement plans. Agree to seek approval by the Town to resolve issues prior to construction, if conflicts exist. . Check erosion and sediment control efforts continuously during construction. Protect C3 facilities from compaction and erosion and sedimentation by diverting run-off around the facilities while under construction. · Check grading so that grade breaks and elevations are accurate and consistent with the C3. plans, including excavation and ripping the bottom of C3. infiltration facilities. Ensure that the dimensions of all IMPs are accurate. . Ensure that the installation of sub-drains, clean-outs and pipes collecting surface drainage from impervious surfaces and downspouts are installed per the C3. plan from each Drainage Management Area and conveyed to the correct Integrated Management Practice (IMP) facility. This also includes inspection of the overflow drain elevations in each IMP to ensure that they are not aligned with the inlets, installed at an appropriate distance away and set at the appropriate elevation (4 inches above grade with 2 inches of freeboard). PAGE 17 OF RESOLUTION NO. 2009-40 . Ensure that the area drain inlets for all C3. Self-retaining and Self-treating areas are set three inches above grade in the rear yards of each unit per the C3. Stormwater Plan. · Inspect drain rock and imported specified soil per the C3. plans before it is installed. After installation, do an infiltration test in the IMP to ensure that the pass-through soil drainage rate is between 10 and 20 inches per hour. . When complete, inspect vegetation installed in the IMPs to ensure that it is installed in accordance with the C3. planting and irrigation guidelines and that the irrigation for the infiltration planter is on a separate zone. 1. An Operation and Maintenance Agreement and an Operation and Maintenance Plan for this project is required to be prepared, approved by the Town and recorded prior to Final Occupancy of the project. These documents shall designate the Homeowners Association (HOA) to be responsible for all operation and maintenance of all drainage facilities on the site. These two documents shall also be made a part of the CCRs. J. MISCELLANEOUS *. 1. The project shall be constructed as approved. Minor modifications in the project design, but not its use, may be approved by Staff. Any other change would require Planning Commission approval through the Development Plan review process. 2. Conditions of this approval may require the developer to install public improvements on land over which neither the developer, nor the Town, has easement rights to allow for the installation of the improvements. The developer shall be responsible for acquisition of said easement rights through private negotiations. All easement rights shall be secured prior to Town Council final approval of any subdivision map. All costs associated with such acquisition shall be borne by the developer. PAGE 18 OF RESOLUTION NO. 2009-40 * 3. Pursuant to Government Code section 66474.9, the developer (including the developer or any agent thereof) shall defend, indemnify, and hold harmless the Town of Danville and its agents, officers, and employees from any claim, action, or proceeding against the Town or its agents, officers, or employees to attack, set aside, void, or annul, the Town' approval concerning this Planned Unit Development Application, which action is brought within the time period provided for in Section 66499.37. The Town would promptly notify the developer of any such claim, action, or proceeding and cooperate fully in the defense. * 4. The project homeowners' association, through project-specific covenants, conditions and restrictions (CC&Rs), shall include language related to the on-going maintenance, responsibilities, and requirements for all on-site roads, pedestrian ways, common landscape areas (including C.3. treatment faciltites), common fencing, retaining walls, mailbox structures, entry signs, parking areas, common drainage facilities and any project installed off-site landscaping. Draft project CC&Rs shall be submitted to the Town of Danville for review and approval a minimum of 30 days prior to recordation of the final map. Project CC&Rs shall also include language which requires residents to keep their garages clear so that two cars may be parked in the enclosed spaces at all times to ensure minimal overflow to surface and street parking. * Use of a private gated entrance is expressly prohibited. 5. * 6. The final location, design and number of gang mailbox structures serving the project shall be subject to review and approval by the Planning Division and the local Postmaster. 7. Any associated project identification signage shall be reviewed and approved by the Planning Division under a separate sign application. 8. This project shall be responsible for the provision of a minimum of one residential unit that shall be made available to a moderate income household, as defined by the State Department of Housing and Community Development (HCD) and the United States Department of Housing and Urban Development (HUD). The developer shall enter into a formal agreement with the Town which specifies the maximum income of the buyer(s) (to be less than or equal to 110% of median income for a four-person household), PAGE 19 OF RESOLUTION NO. 2009-40 regulates the terms of occupancy, resale or any other restriction deemed necessary to assure the long term affordability of the units to moderate income households. This agreement shall be subject to approval by the Town Council prior to recordation of the final map for the project or issuance of building permits, whichever occurs first. 9. A ten foot swinging gate shall be installed in lieu of the proposed man-gate on the shared property line of the subject property and Lot 6 of Subdivision 4819 in order to allow access for Lot 6 to and from Camino Ramon. The design of the swinging gate shall be subject to review and approval by the Town's Planning Division and may be referred to the Design Review Board at the discretion of the Chief of Planning. Advisory Comment 1. The project shall conform to the Town's Construction and Demolition Ordinance (Ordinance No. 2009-05), in effect as of September 10, 2009. APPROVED by the Danville Planning Commission at a regular meeting on December 8,2009, by the following vote: AYES: Antoun, Attwood, Combs, Nichols, Overcashier, Radich NOES: ABSTAINED: ABSENT: Morgan ~~/ , Chairman APPROVED AS TO FORM: C2t4rec=j City Attorney / ~t:1~ Chief o' .ring PAGE 20 OF RESOLUTION NO. 2009-40