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HomeMy WebLinkAbout2010-23 RESOLUTION NO. 2010-23 APPROVING MINOR SUBDIVISION REQUEST MS 851-2010, VARIANCE REQUEST V AR10-0015, AND DEVELOPMENT PLAN REQUEST DEV10-00-42 ALLOWING THE SUBDIVISION OF A 1.63 +/- ACRE PARCEL INTO TWO SINGLE FAMILY RESIDENTIAL PARCELS AND THE CONSTRUCTION OF ONE NEW 2,400 +/- SQUARE FOOT SINGLE FAMILY RESIDENCE (APN: 196-412-005 - HEINZER) WHEREAS, JAMES AND BARBARA HEINZER (Owner/Applicant) have requested approval of a Minor Subdivision MS 851-2010 and Development Plan DEV10-0042 to allow the subdivision of a 1.63 + / - acre parcel into two new single family residential parcels and the construction of a new 2,400 square foot residence; and WHEREAS, a Variance is requested (V ARIO-0015) to allow the construction of two retaining walls with respective maximum heights of 8'0" and 10'0", within the front yard setback area; and WHEREAS, the Town of Danville Subdivision Ordinance requires approval of a Minor Subdivision application prior to recordation of a Parcel Map; and WHEREAS, the Town of Danville Single Family Residential Zoning District Ordinance requires approval of a Variance to construct retaining walls higher than 3'6" within the required front yard setback area; and WHEREAS, the subject site is located at 767 Dolphin Drive and is further identified as Assessor's Parcel Number 196-412-005; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on September 28, 2010; 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 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 PAGE 1 OF RESOLUTION 2010-23 WHEREAS, the Planning Commission did hear and consider all reports, recorrunendations, and testimony submitted in writing and presented at the hearing; now, therefore, be it RESOLVED that the Planning Commission of the Town of Danville approves Minor Subdivision request MS 851-2010, Development Plan request DEV10-0042, and Variance request V AR10-0015 per the conditions contained herein, and makes the following findings in support of these actions: Minor Subdivision 1. The proposed subdivision is in substantial conformance with the goals and policies of the 2010 General Plan. 2. The design of the proposed subdivision is in substantial conformance with the applicable zoning regulations. 3. The design of the subdivision and the type of associated improvements will not likely cause serious public health problems because water and sanitary facilities services will be available to the three new parcels. 4. The density of the subdivision is physically suitable for the proposed density of development. 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 residential 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. Development Plan 1. The applicant intends to obtain permits for construction within 18 months from the effective date of plan approval. 2. The proposed project is consistent with the Town of Danville's 2010 General Plan. The proposal meets the design and development standards listed within the Town's Single Family Residential Zoning Ordinance. PAGE 2 OF RESOLUTION 2010-23 " 3. The proposed development is needed at the proposed location to provide adequate facilities of the type proposed, and traffic congestion will not likely be created by the proposed project as the improvements will not create an intensification of use of the property. 4. The development will be an attractive and efficient development which will fit harmoniously into and will have no adverse effects upon the adjacent or surrounding development. Variance 1. The variance does not constitute a grant of special privilege inconsistent with the limitations on other properties in the area and the R-20, Single Family Residential Zoning District in which the subject property is located. Due to the steep slope of the property and the emergency vehicle access standards, as required by the San Ramon Valley Fire Protection District, it is difficult to provide for minimum adequate emergency vehicle access while providing for full compliance with the R-20; Single Family Residential District setback standards. 2. Because of special circumstances applicable to this specific property, strict application of the applicable zoning regulations would deprive the subject property of rights enjoyed by others in the general vicinity and/ or located in the same zoning district. The height of the retaining walls within the front yard setback is required to accommodate emergency vehicle access requirements (i.e. turning radius, maximum slope, etc) as well as requirements of the Town's Grading Ordinance, which limits the maximum allowable slope to 2:1. 3. The variance is in substantial conformance with the intent and purpose of the R- 20, Single Family Residential Zoning District in which the subject property is located since the variance allows for the minimum adequate emergency vehicle access as required by the San Ramon Valley Fire Protection District. CONDITIONS OF APPROVAL Conditions of approval with an asterisk (*) in 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. PAGE 3 OF RESOLUTION 2010-23 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 a Minor Subdivision request to subdivide a 1.63 acre parcel into two single family residential parcels, resulting in one additional parcel, Final Development Plan request DEV10-0042 to construct one 2,400 + / - square foot single family residence on the newly created parcel, and Variance request V AR10-00lS to construct two retaining walls with respective maximum heights of 8'0" and 10'0", within the front yard setback area, where the maximum allowable height is 3'6" within the subject zoning district. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; a. Tentative Parcel Map, Preliminary Drainage and Grading Plan, and labeled "Heinzer Property - 767 Dolphin Drive," as prepared by Debolt Engineering, dated 8/2/10 - revised 9/17/10. b. Architectural Drawings, labeled "767 Dolphin Drive," as prepared by David Stull, consisting of eleven sheets dated 6/28/10 and supplemented by a revised site plan dated 9/17/10. The revised site plan and sections are considered approved by this action, while the site plan and sections from the 6/28/20 submittal are not approved by this action. c. Stormwater Control plan and Exhibits prepared by Debolt Engineering, dated August 13, 2010. d. Geotechnical Exploration labeled "767 Dolphin Drive," as prepared by Micheal Merrill, dated October 19, 2009, and a supplemental letter dated July 26, 2010. * 2. All Town and other related fees that the property may be subject to shall be paid by the applicant. 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 and prior to any Town Council final approval action. Preliminary fee calculations are as follows: PAGE 4 OF RESOLUTION 2010-23 * * 1. Base Map Revision Fee (2 @ $335/Iot) - $ 670.00 2. Map Check Fee - $ 2,710.00 3. Improvement Plan Check Fee - 3% of cost estimate 4. Engineering Inspection Fee - 5% of cost estimate 5. Grading Permit, Plan Check & Inspection Fee - TBD 6. Park Land in Lieu Fee - $8,852.00 The following fees are due at building permit issuance for the above mentioned project: 1. Building Permit Fee -TBD 2. Child Care Facilities Fee -$ 3351 unit 3. Finish Grading Inspection Fee - $711 unit 4. Storm Water Pollution Program fee - $ 48/unit 5. SCC Regional Fee - $1,175.00 6. Residential TIP Fee - $ 2,0001 unit 7. Tri-Valley Transportation Fee - $2,170.00 3. The applicant 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. 4. Prior to the issuance of a building permit, whichever occurs first, the applicant shall reimburse the Town for notifying surrounding residents of the public hearing. The fee shall be $276.00 ($110.00 plus 100 notices x two notifications x $0.83 per notice). 5. Prior to the issuance of grading or building permits, the applicant 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 will be, met to the satisfaction of these respective agencies. 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 deemed necessary. If prehistoric archaeological deposits are discovered during development PAGE 5 OF RESOLUTION 2010-23 * * * * 10. * 11. * 12. 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. (Monday through Friday), 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 applicant shall install a minimum 3' x3' 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. The applicant 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. 8. 9. The applicant shall require 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. All physical improvements shall be in place prior to occupancy of any structure in the project. If occupancy within the project is requested to occur in phases, all physical improvements shall be required to be in place prior to occupancy except for items specifically excluded in a construction-phases occupancy plan approved by the Planning Division. No structure shall be occupied until construction activity in the adjoining area is complete and the area is safe, accessible, provided with all reasonably expected services and amenities, and appropriately separated from remaining additional construction activity. The applicant shall submit a written Compliance Report detailing how the conditions of approval for this project have been complied with as part of the initial submittal for the final map, plan check, and/ or building permit PAGE 6 OF RESOLUTION 2010-23 * review process (whichever occurs first). This report shall list each condition of approval followed by a description of what the applicant has provided as evidence of compliance with that condition. The applicant 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. 13. Planning Division sign-off is required prior to final Building Inspection sign-off. B. SITE PLANNING * * 1. 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. 2. 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. C. LANDSCAPING * * * 3. 1. Final landscape and irrigation plans shall be submitted for review and approval by the Planning Division. The plan shall include common names of all plant materials and shall indicate the size that various plant materials will achieve within a five-year period of time. 2. 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. 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. PAGE 7 OF RESOLUTION 2010-23 * 4. All landscaped areas not covered by shrubs and trees shall be planted with live ground cover or covered with mulch. All proposed ground cover shall be placed so that it fills in within two years. 5. All existing trees on site, with the exception of the three Pine trees at the base of the driveway, shall be preserved to the extent practical. The three Pine trees may be removed to allow for the construction of the new driveway. The subject trees are not protected under the Town's Tree Preservation Ordinance. Removal of any additional trees will be allowed only upon prior written approval from the Planning Division. 6. Prior to recordation of the final map, a deed restriction shall be recorded to run with the title of each parcel created by this subdivision. The deed restriction shall state the location of the bioretention areas installed to meet C.3 Stormwater Quality requirements and restricting alteration of the bioretention areas without Town review and approval. 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. Any future expansions to the residences on Parcel A or Parcel B shall be subject to review and approval by the Planning Division under a separate Development Plan application. Future modifications shall conform to the Town's Hillside Design Guidelines. 4. Use of a private gated entrance is expressly prohibited. 5. 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. Six full sized sets of final architectural elevations, floor plans, and landscape plans, as well as one final color and material board 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 8 OF RESOLUTION 2010-23 E. GRADING * * * * * 1. Any grading on adjacent properties will require prior written approval of those property owners affected. 2. At least one week prior to commencement of grading, the applicant 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. 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. 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. 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. 5. PAGE 9 OF RESOLUTION 2010-23 * * * * * 10. 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 NPDES construction permit may be required, as determined by the City Engineer. 7. All new development shall be consistent with modern design for resistance to seismic forces. All new development shall be in accordance with the Uniform 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. If additional 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 applicant 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. Because the grading work involves moving more than 100 cubic yards of soil, the applicant must obtain a Grading Permit in conformance with Municipal Code Chapter 19. A plan showing appropriate erosion and sediment control measures shall accompany any plans developed in support of the Grading Permit, subject to the review and approval of the Town. The applicant is responsible for payment of all fees according to the schedule in effect at the time the permit is issued. PAGE 10 OF RESOLUTION 2010-23 12. The applicant 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. F. STREETS * * * * * 1. The applicant 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 applicant 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. 3. 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. 4. 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 applicant. This shall include slurry seal, overlay or street reconstruction if deemed warranted by the City Engineer. 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 applicant shall supply to the City Engineer an up-to-date title report for the subject property. 6. Public streets shall be improved to the standards in #G.5. above. 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 Standard Plan 104 a & b. PAGE 11 OF RESOLUTION 2010-23 * 7. The Project shall be required to stripe curbs and install any necessary parking or circulation signage, as determined by the Transportation Division. 8. The stormwater pollution control bio-retention areas IMP-2 and IMP-3 are shown in the public right-of-way. Concurrently with the recordation of the parcel map, a license agreement shall be executed memorializing the obligation of the owners of Parcel and Parcel B to appropriately maintain the feature in perpetuity. Prior to Final Map recordation, the applicant must obtain an encroachment permit from the Town of Danville for these two bio-retention areas. 9. Concurrently with the recordation of the parcel map, a private roadway maintenance agreement shall be recorded with the County Recorder's Office to memorialize the obligations and responsibilities of the two property owners who will share the common driveway. 10. The driveway approach at Dolphin Drive shall be constructed in accordance with Town of Danville Standard Plan 107 and in accordance with an Encroachment Permit obtained by the applicant in advance of any work. The existing driveway approach shall be abandoned by replacing the curb-cut with standard Type A curb and gutter in accordance with Danville Standard Plan 105. G. 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 the 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 and/ or the Chief Engineer of the Contra Costa County Flood Control & Water Conservation District. 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. PAGE 12 OF RESOLUTION 2010-23 * * * * * * 5. 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. 6. 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. 7. The applicant 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. 8. All new utilities required to serve the development shall be installed underground ill 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. 9. All utility distribution facilities, including but not limited to electric, communication and cable television lines, within a residential or commercial subdivision shall be underground, except as follows: 1. Equipment appurtenant to underground facilities, such as surface mounted transformers, pedestal mounted terminal boxes and meter boxes, and concealed ducts; 11. Metal poles supporting street lights. 10. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. H. MISCELLANEOUS * * 1. The project shall be constructed as approved. Minor modifications in the design, but not the use, may be approved by staff. Any other change will require Planning Commission approval through the Development Plan reVIew process. 2. As a part of the issuance of a demolition permit and/ or building permit for the project, the developer shall submit a recycling plan for building and construction materials and the disposal of green waste generated from land clearing on the site. Prior to obtaining framing inspection approval for the project, the applicant! owner shall provide the Planning PAGE 13 OF RESOLUTION 2010-23 * * * Division with written documentation (e.g. receipts or records) indicating that waste materials created from the demolition of existing buildings and the construction of new buildings were/are being recycled according to their recycling plan or in an equivalent manner. 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 proposed project shall conform to the Town's Stormwater Management and Discharge Control Ordinance (Ord. No. 2004-06) and all applicable construction Best Management Practices (BMPs) for the site. For example, 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 a requirement of this permit. At the discretion of the City Engineer, a Storm Water Pollution Prevention Plan (SWPPP) may be required for projects under five acres. 5. The project shall conform to the Regional Water Quality Control Board post-construction C.3 regulations which shall be designed and engineered to integrate into the project's overall site, architectural, landscaping and improvement plans. These requirements are contained in the project's Stormwater Control Plan and are to be implemented as follows: 6. Prior to issuance of permits for building, site improvements, or landscaping, the permit application shall be consistent with the applicant's approved Stormwater Control Plan and shall include drawings and specifications necessary to implement all measures in the approved plan. The permit application shall include a completed Construction Plan C.3 Checklist as described in the Town's Stormwater C.3 Guidebook. PAGE 14 OF RESOLUTION 2010-23 7. As may be required by the City Engineer and the Chief of Planning, drawings submitted with the permit application (including structural, mechanical, architectural, grading, drainage, site, landscape, and other drawings) shall show the details and methods of construction for site design features, measures to limit directly connected impervious area, pervious pavements, self-retaining areas, treatment (Best Management Practices) BMPs, permanent source control BMPs, and other features that control stormwater flow and potential stormwater pollutants. 8. The proposed project shall conform to the Town's Stormwater Management and Discharge Control Ordinance (Ord. No. 2004-06). Compliance with the integrated management practices (IMPs) proposed for the project stormwater treatment areas shall be consistent with the recommendations of the Contra Costa Clean Water Program and all applicable 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. 9. As part of this plan, the applicant shall 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 shall be consistent with the recommendations of the Contra Costa Clean Water Program. APPROVED by the Danville Planning Commission at a regular meeting on September 28, 2010, by the following vote: AYES: Attwood, Combs, Graham, Morgan, Nichols, Overcashier, Radich NOES: ABSTAINED: - ABSENT: Antoun /:r; APPROVED AS TO FORM: 1~13 ~ City Attorney ;-- g OLUTION 2010-23