HomeMy WebLinkAbout2010-25RESOLUTION NO. 2010-25
ADOPTING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL
SIGNIFICANCE AND APPROVE MINOR SUBDIVISION REQUEST MS852 -10,
DEVELOPMENTPLAN REQUEST DEV10 -0069, VARIANCE REQUEST VAR10-
0014, AND TREE REMOVAL REQUEST TR10 -0026 RELATED
TO A THREE -LOT MINOR SUBDIVISION AT 147
RAMONA ROAD (APN: 202 - 182 -011- DUFFEL)
WHEREAS, Joseph Duffel (OWNER) and Alan Page (APPLICANT) have requested
approval of a Minor Subdivision request to subdivide an existing 1.37 +/- acre parcel
into three residential lots, resulting in two additional lots. The request also includes a
Development Plan to allow the construction of a new single family home on each of the
lots, a Tree Removal permit to allow the removal of two Town - protected oak trees, and
a Variance request to allow proposed Parcel A to have an average width of 90 +/- feet
rather than the 100 feet required under the subject R -15; Single Family Residential
District Ordinance; and
WHEREAS, the subject property is located at 147 Ramona Road, APN: 202 - 182 -011; and
WHEREAS, the Town's Subdivision Ordinance requires approval of a Minor
Subdivision prior to recordation of a Parcel Map; and
WHEREAS, the Town's Single Family Residential District Ordinance requires approval
of a Variance application to allow any reduction in minimum required development
standards; and
WHEREAS, the Town's Tree Preservation Ordinance required approval of a Tree
Removal permit prior to the removal of any Town - protected trees; and
WHEREAS, the Planning Commission did review the project at a noticed public
hearing on October 26, 2010; 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
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 Danville Planning Commission adopts the Mitigated Negative
Declaration of Environmental Significance and approves Minor Subdivision request
MS852 -2010, Development Plan request DEV10 -0069, Variance request VAR10 -0014,
and Tree Removal request TR10 -0026, and makes the following findings in support of
this action:
FINDINGS:
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 two new parcels.
4. The density of the subdivision is physically suitable for the proposed density of
the 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 proposed Development Plan will not be detrimental to the health, safety,
and general welfare of the Town.
2. The Development Plan will not adversely affect the orderly development of
property within the Town.
PAGE 2 OF RESOLUTION NO. 2010-25
3. The Development Plan will not adversely affect the preservation of property
values and the protection of the tax base within the Town.
4. The Development Plan will not adversely affect the policy and goals as set by the
2010 General Plan.
5. The Development Plan will not create a nuisance and /or enforcement problem
within the neighborhood or community.
6. The Development Plan will not encourage marginal development within the
neighborhood.
Variance
1. This variance does not constitute a grant of special privilege inconsistent with the
limitations on other properties in the area and the R -15; Single Family Residential
District in which the subject property is located.
2. Because of the following 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:
a. While a three lot subdivision of the parcel could be accomplished without
the need for approval of a variance, the variance would allow for a
subdivision design that results in all three lots fronting onto Ramona Road
which is consistent with the development pattern for the majority of the
homes in the surrounding neighborhood.
b. The subject R -15; Single Family Residential zoning district covers only the
subject parcel and the three lots adjacent to the east. All other lots in the
neighborhood are zoned R -10; Single Family Residential District and most
have lot widths of 75 feet. The proposed 90 foot lot width and 18,148
square foot lot size are substantially larger than most existing lots in the
neighborhood.
3. This variance is in substantial conformance with the intent and purpose of the R-
15; Single Family Residential District in which the subject property is located
since the variance will allow for a three lot subdivision that is consistent with the
development pattern of the neighborhood.
PAGE 3 OF RESOLUTION NO. 2010-25
Tree Removal
1. The removal of the two Town - protected Valley Oak trees is necessary to allow
for proposed development of the property. The trees are located under existing
utility lines and are in conflict with required frontage improvements.
2. The removal of the trees will not have a negative effect upon soil erosion nor will
it result in a significant diversion or increase in the flow of surface water because
site improvements are designed to collect and properly convey storm water run-
off.
3. The removal of the two Valley Oak trees will not have a negative effect upon
shade or privacy between properties or the scenic beauty of the area because they
will be replaced with four trees that are more appropriate for the location.
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.
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 an existing
1.37 +/- acre parcel into three residential lots, resulting in two additional
lots. The request also includes a Development Plan to allow the
construction of a new single family home on each of the lots, a Tree
Removal permit to allow the removal of two Town - protected oak trees,
and a Variance request to allow proposed Parcel A to have an average
width of 90 +/- feet rather than the 100 feet required under the subject R-
15; Single Family Residential District Ordinance. Development shall be
substantially as shown on the project drawings as follows, except as may
be modified by conditions contained herein;
PAGE 4 OF RESOLUTION NO. 2010-25
a. Tentative Map Dimensions, Base Topography, Grading, Utilities,
and Storm Water Management Plans as prepared by Schell and
Martin, Inc., consisting of five sheets, dated received by the
Planning Division on August 6, 2010.
b. Architectural Plans labeled "Duffel Financial," consisting of 15
sheets, dated received by the Planning Division on XX, 2010.
C. Storm Drainage Study labeled "Storm Drainage Study MS 852-
2010," as prepared by Camp Dresser & McKey Inc., dated received
by the Planning Division on October 19, 2010.
d. Tree Survey labeled "147 Ramona Road," as prepared by Timothy
C. Ghirardelli Consulting Arborist Services," dated June 24, 2010.
e. Geotechnical Study labeled "147 Ramona Road," as prepared by
Jensen - Van Lienden Associates, Inc., dated June 15, 2010.
f. Stormwater Control Plan, as prepared by Schell and Martin Inc.,
dated August 16, 2010 (revised October 20, 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. The following fees are due at final map approval for the
above - mentioned project:
1. Map Check Fee .............................. ............................... $ 2,611.00
2. Improvement Plan Check Fee .................... 3% of cost estimate
3. Engineering Inspection Fee ........................ 5% of cost estimate
4. Grading Permit, Plan Check & Inspection Fee ..................TBD
5. Base Map Revision Fee .................... ............................... $ 255.00
6. Excavation Mitigation Fee (Flood Control) .............. $1,950.00
7. Park Land in Lieu Fee (credit for existing) ............ $17,725.00
The following fees are due at building permit issuance for the above -
mentioned project:
1. Child Care Facilities Fee ............. ............................... $ 335/ unit
PAGE 5 OF RESOLUTION NO. 2010-25
2. Finish Grading Inspection Fee ..... ............................... $ 71/ unit
3. Storm Water Pollution Program Fee .......................... $ 48/ unit
4. SCC Regional Fee ...................... ............................... $1,175 /unit
5. Residential TIP Fee ................... ............................... $ 2,,000/ unit
6. Tri- Valley Transportation Fee . ............................... $ 2,170/ unit
3. 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 $ 193.00 ($110 + 100 notices X $0.83
per notice).
* 4. 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.
* 5. The applicant shall submit to the Town of Danville fees required to file a
Notice of Determination for this project as required by AB 3185. The fee
shall be $2,010.00. This check shall be made payable to the Contra Costa
County Recorder's Office and shall be submitted to the Town within five
days of project approval. The applicant shall also submit within five days
of project approval a separate check in the amount of $50.00 made payable
to the Contra Costa County Recorder's Office as required to cover the
County's processing fee.
* 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
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 betzneen the zc7eekday 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
PAGE 6 OF RESOLUTION NO. 2010-25
Building Official for building construction activity. Prior to any construction
znork on the site, including grading, the applicant shall install a minimum YxY
sign at the project entry zohich specifies the alloznable construction znork days and
hours, and lists the name and contact person for the overall project manager and
all contractors and sub - contractors ulorking on the job. Construction related
traffic, such as the delivery of material, transportation of trailered equipment, or
any off -hall of dirt or debris, shall not occur until after 9:00 p.m. (Monday
through Friday).
* 8. 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.
* 9. The applicant shall require contractors and subcontractors to fit all internal
combustion engines u7ith mufflers, ulhich are in good condition, and to locate
stationary noise - generating equipment as far aznay from existing residences as
feasible.
* 10. 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.
* 11. 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.
* 12. 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
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.
PAGE 7 OF RESOLUTION NO. 2010-25
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.
3. Any on -site wells 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.
4. Improvements to the front yard area of Parcel C will extend across
property owned by Chuah identified as Parcel C of MS 231 -65 (41 LSM 5,
50 LSM 50). The applicant shall use all reasonable efforts to acquire the
portion of the Chuah property abutting the front yard area of Parcel C.
Once acquired, the applicant shall merge said portion with Parcel C by
preparing, processing, and recording a Lot Line Adjustment in advance of
the recordation of Final Map 852 -2010. Any existing easements across said
portion of the Chuah property that are no longer relevant shall be
relinquished such that Parcel C will be free of title clouds or unneeded
encumbrances.
5. Because the applicant owns a small triangular- shaped parcel with no
development potential identified as APN 202 - 182 -012 and located at the
northwest corner of Ramona Road and Ramona Court, the applicant shall
either merge said parcel with proposed Parcel C, or create a deed
restriction that assures the triangular- shaped parcel and Parcel C be
bought and sold together in perpetuity.
PAGE 8 OF RESOLUTION NO. 2010 -25
C. LANDSCAPING
* 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.
* 3. 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.
* 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. Project approval includes the removal of two Town - protected Valley Oak
trees located along the frontage of Lot C as identified within the Tree
Survey Report referenced under condition of approval 1.d. above as tree
numbers 579 & 589.
6. The applicant shall be required to replace the tzno Toum- protected Valley Oak
trees to be removed with a number and size of minimum 15 gallon box size trees
taken from the Toum protected tree list equal to the total inches of diameter of the
trees to be removed.
7. The 16" Valley Oak tree in the front yard area of Lot B. shall be preserved.
A security deposit in the amount of the assessed value of the tree(s)
(calculated pursuant to the Town's Tree Protection Ordinance) shall be
posted with the Town prior to the issuance of a grading permit or
building permit to maximize the probability that the affected trees will be
retained in good health. The applicant shall be required to secure an
appraisal of the condition and value of all affected trees. The appraisal
shall be done in accordance with the current edition of the "Guide for
Establishing Values of Trees and Other Plants," by the Council of Tree and
PAGE 9 OF RESOLUTION NO. 2010 -25
Landscape Appraisers under the auspices of the International Society of
Arboriculture. The appraisal shall be performed by a Certified Arborist,
and shall be subject to review and approval by the Chief of Planning. A
tree preservation agreement shall be prepared that outlines the intended
and allowed use of funds posted as a tree preservation security deposit.
That portion of the security deposit still held by the Town two full
growing seasons after project completion shall be returned upon
verification that the trees covered by the deposit are as healthy as can be
provided for under the terms of the tree preservation agreement.
8. Prior to tree removal and grading within the development area, a determination
shall be made as to whether grading or tree removal is proposed during the raptor
nesting season (Februanj through August). If grading or tree removal is
proposed during the raptor nesting season, a focused tree pre- construction survey
for raptor nests shall be conducted by a qualified biologist during the nesting
season to identify active nests on the project site. The survey shall be conducted
no less than 14 days, and no more than 30 days, prior to the beginning of grading
or tree removal. If nesting raptors are found during the focused survey, no
grading or tree removal shall occur u7ithin 500 feet of an active nest until the
young have fledged (as determined by a qualified biologist). If impacts to nest
trees are unavoidable, they shall be removed during the non - breeding season.
9. 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 bioswale areas installed to meet
C.3 Stormwater Quality requirements and restricting alteration of the
bioretention areas without Town review and approval.
10. As part of this plan, the applicant shall prepare and record an Operations
and Maintenance Agreement and Plan to ensure that the storm water
pollution control 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.
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.
PAGE 10 OF RESOLUTION NO. 2010-25
* 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. Six full size sets of construction drawings
for the project shall be submitted to the Planning Division for design
review concurrent or prior to, the applicant initiating the Building
Division plan check process. DRB will pay particular attention to a review
of final materials and color, as well as the detailing of the stone
(recommended to continue to the ground, not float as it appears in the
perspective), and a detail of the eyebrow vents.
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.
PAGE 11 OF RESOLUTION NO. 2010-25
* 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 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.
* 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
PAGE 12 OF RESOLUTION NO. 2010-25
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. 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.
PAGE 13 OF RESOLUTION NO. 2010 -25
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 required improvements to area creeks for drainage purposes shall
meet the requirements of existing Town of Danville, Contra Costa County
Flood Control & Water Conservation District, the Department of Fish &
Game, the Department of U.S. Fish and Wildlife, California Regional
Water Quality Control Board and the United States Army Corps of
Engineers codes and policies.
* 5. 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.
* 6. 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.
* 7. Any portion of the drainage system that conveys runoff from public
streets shall be installed within a dedicated drainage easement or public
street.
* 8. 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.
PAGE 14 OF RESOLUTION NO. 2010-25
* 9. 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.
* 10. 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.
* 11. All street, drainage or grading improvement plans shall be prepared by a
licensed civil engineer.
12. The applicant has prepared a drainage study (Storm Drainage Study, MS 852-
2010) identifijing problem areas along Ramona Road and recommending
improvements to its capacity, including widening, clearing out, and altering the
gradelines of existing roadside ditches, replacement of drivezi7ay culverts,
replacement of a cross - culvert across Ramona Road near Camino Tassajara, and
installation of a catch basin. The applicant shall submit improvement plans to
implement the recommended improvements to the drainage system, in order to
improve the system to convey the 10 -year storm flows, consistent u7ith Tou7n
standards. The improvement plans and supporting calculations shall
demonstrate that the Hydraulic Grade Line along the entire drainage system shall
be below the surface elevation, from the project site to San Ramon Creek.
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. Pursuant to Government Code section 66474.9, the applicant (including
the applicant 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's
approval concerning this application, which action is brought within the
time period provided for in Section 66499.37. The Town will promptly
notify the applicant of any such claim, action or proceeding and cooperate
fully in the defense.
PAGE 15 OF RESOLUTION NO. 2010-25
* 3. 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
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.
* 4. The proposed project shall conform to the Toum's Stormzt7ater 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, dezuatering operations, pavement operations,
vehicl %quipment 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. Prior to commencement of any site work that mill result in a land disturbance of
one (1) acre or more in area, the applicant /ortmer shall submit evidence to the
Tou?n that the requirements for obtaining a State General Construction Permit
have been met. Such evidence may be the copy of the Notice of Intent (NOI) sent
to the State Water Resources Control Board. Additionally, the applicant /owner
shall submit evidence that the requirements for obtaining the U.S. Army Corps of
Engineers 404 Permit, the State Water Resources Control Board 401
Certification, and the California Department of Fish and Game's Streambank
Alteration Agreement have been or mill be met. Such evidence may be a copy of
the permit(s) /agreement and /or a letter from the applicant /ort7ner stating that the
above permit(s) are not required for the subject project.
* 6. 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 Stormzvater Control Plan and
are to be implemented as follort7s:
• Prior to issuance of permits for building, site improvements, or landscaping,
the permit application shall be consistent u7ith the applicant's approved
PAGE 16 OF RESOLUTION NO. 2010-25
Stormwater Control Plan and shall include drau?ings 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 Toznn's Storm717ater C.3 Guidebook.
As may be required by the City Engineer and the Chief of Planning, drau)ings
submitted u)ith the permit application (including structural, mechanical,
architectural, grading, drainage, site, landscape, and other drazi7ings) shall
shozn 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.
• Prior to building permit final and issuance of a Certificate of Occupancy, the
applicant shall execute any agreements identified in the Stormwater Control
Plan which pertain to the transfer of oumership and /or long -term maintenance
of stormzuater treatment or hydrograph modification BMPs.
Prior to building permit final and issuance of a Certificate of Occupancy, the
applicant shall submit, for the Town's revieu7 and approval, a Stormuater
BMP Operation and Maintenance Plan in accordance with the Town of
Danville guidelines. Guidelines for the preparation of Stormwater BMP
Operation and Maintenance Plans are in Appendix F of the Town's
Stormwater C.3 Guidebook.
7. A final Stormwater Control Plan shall be submitted for review and
approval by the Town prior to recordation of the parcel map, and shall
address the following comments:
• The Project Drainage Management Areas (DMA) shall not include run-
off from the uphill portion of each lot and self- retaining areas shall
identified separately.
As shown, the location, design and size of the Integrated Management
Practices (IMPS) are subject to review and approval of the Town. The
use of pop -up emitters are discouraged.
The Stormwater Control Plan (SCP) shall be modified to reflect the
outline contained in the C.3. Stormwater Guidebook, 4 11, Edition. The
SCP shall also include a DMA drainage map, IMP sizing calculations
PAGE 17 OF RESOLUTION NO. 2010-25
and a general description of the Operation and Maintenance
obligations for the project. The revised SCP shall be subject to review
and approval by the Engineering Division prior to issuance of any
future permits for the project.
• The written SCP shall include an exhibit for the type of stormwater
infiltraton basin per the regulations contained in the C.3. Stormwater
Guidebook.
• The final project construction plans shall incorporate the C.3
infiltration basin designs from the SCP into the design of the
improvement plans and landscape plans for the project.
APPROVED by the Danville Planning Commission at a regular meeting on October 26,
2010, by the following vote:
AYES: Antoun, Attwood, Combs, Morgan, Nichols, Overcashier
NOES: -
ABSTAINED: - "
ABSENT: Graham _
Q
ai m
APPROVED AS TO FORM:
City Attorney
PAGE 18 OF RESOLUTION NO. 2010-25