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HomeMy WebLinkAbout2011-03RESOLUTION NO. 2011 -03 ADOPTING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND APPROVING DEVELOPMENT PLAN REQUEST DEV09- 0045 ALLOWING THE DEVELOPMENT OF A 7,240 +/- SQUARE FOOT RESIDENCE LOCATED WITHIN A TOWN- IDENTIFIED MAJOR RIDGELINE AREA (APN: 206 - 170 -010 - SKYVILLA, LLC) WHEREAS, SKYVILLA, LLC (Applicant/ Owner) has requested approval of a Development Plan application (DEV09 -0045) to construct a 7,240 +/- square foot residence and a 1,650 +/- square foot attached garage within a Town - identified Major Ridgeline area on a 10 +/- acre site; and WHEREAS, the applicant is requesting an exception to the Town's Major Ridgeline and Scenic Hillside Ordinance to allow development of the residence within 100 vertical feet of a Major Ridgeline; and WHEREAS, the subject site is located at 1621 Lawrence Road and is further identified as Assessor's Parcel Number 206 - 170 -010; and WHEREAS, the Town of Danville Scenic Hillside and Major Ridgeline Ordinance requires approval of a Development Plan prior to the development of a residence within a Major Ridgeline area; and WHEREAS, a Mitigated Negative Declaration of Environmental Significance has been prepared for the project indicating that, as mitigated through recommended conditions of approval, no significant negative environmental impacts are expected to be associated with this project; and WHEREAS, the project was continued from the Planning Commission's January 18, 2011 meeting at the request of the applicant; and WHEREAS, a staff report was submitted recommending that the Planning Commission approve the request; and WHEREAS, the Planning Commission did review the project during a regular meeting on February 8, 2011; and WHEREAS, the public notice of this action was given in all respects as required by law; and PAGE 1 OF RESOLUTION 2011 -03 WHEREAS, a staff report was submitted recommending that the Town Council 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 approves the Mitigated Negative Declaration of Environmental Significance and approves Dev elopment Plan request DEV09 -0045 per the conditions contained herein, and makes the following findings in support of this action: FINDINGS 1. The proposed siting and architecture of the new residence will not conflict with the intent and purposes of Ordinance 29 -84 ( "Scenic Hillside and Major Ridgeline Development "), in that development will be achieved with minimal grading and will not adversely impact predominate views of a Town - identified Scenic Hillside or Major Ridgeline area. 2. The proposed development is in conformance with the goals and policies of the 2010 General Plan. 3. The proposed development is in conformance with the zoning district in which the property is located. EXCEPTION 1. Due to the application of this section, a structure could not otherwise be constructed on the parcel. Constraints are primarily related to landslide and geotechnical issues which have been identified which make alternate building sites unsafe and /or infeasible. 2. The proposed siting, grading, landscaping and architecture are such that the development will not conflict with the purposes set forth in subsection 32- 69.1.b. 3. Approval of the exception is based on the specific, unique characteristics of the site as documented in the geotechnical and topographic reports for this project. As a result, the requirement for the creation of a scenic easement covering the un- buildable portions of the property is appropriate. PAGE 2 OF RESOLUTION 2011 -03 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 issuance of a building permit 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 Development Plan application to construct a 7,240 +/- square foot residence located at 1621 Lawrence Road. An exception is granted to allow the development within 100 vertical feet of the Major Ridgeline. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; a. Architectural Drawings prepared by Talon Design Group, Feasibility Study plans prepared by Talon Design Group, Civil Drawings prepared by DeBolt Civil Engineering, and Landscape Plans prepared by HWA Landscape Architecture and Site Planning, collectively labeled "Custom Residence @ 1621 Lawrence Road Danville, CA," consisting of a total of 20 sheets dated February 3, 2011. b. Geotechnical Report prepared by ENGEO Incorporated dated July 14, 2004, and Geotechnical Report Addendum prepared by ENGEO Incorporated dated July 17, 2005. 2. The following fees are due at building permit issuance: 1. Child Care Facilities Fee ............... ..............................$ 335.00 2. Storm Water Pollution Program Fee ..........................$ 48.00 3. SCC Regional Fee ............................... ......................$1,175.00 4. SCC Sub - Regional Fee ............... ..............................$ 3,243.00 5. Residential TIP Fee .................... ..............................$ 2,000.00 6. Tri- Valley Transportation Fee .. ..............................$ 2,170.00 7. Finish Grading Fee .......................... ..............................$ 71.00 PAGE 3 OF RESOLUTION 2011 -03 3. Prior to the issuance of a building permit, the applicant shall reimburse the Town for notifying surrounding neighboring residents of the public hearing. The fee shall be $127.43 ($110.00 plus 21 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 $2,010.25. The check shall be made payable to the Contra Costa County Clerk's Office and shall be submitted to the Town within five days of project approval. 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 applicant 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. PAGE 4 OF RESOLUTION 2011 -03 * 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 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. * 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. As part of the initial submittal for the grading permit and/or building permit review process (whichever occurs first), the applicant 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 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. * 12. Planning Division sign -off is required prior to final building inspection sign - off by the Building Division. 13. Prior to the issuance of building permits for the project, the applicant shall record a deed notification to run with the title to the property that states that this parcel cannot be subdivided. PAGE 5 OF RESOLUTION 2011 -03 14. The following statement shall be recorded to run with the deed of the property acknowledging the historic rural nature of the area, and the rights of surrounding property owners to continue existing and/or future legally established rural/ agricultural uses: IMPORTANT: BUYER NOTIFICATION "This property is located in a historically rural area with existing rural and agricultural uses. Any inconvenience or discomfort from properly conducted agricultural operations, including noise, odors, dust, and chemicals, will not be deemed a nuisance ". B. SITE PLANNING 1. Exterior lighting shall be established and maintained at minimal functional levels of brightness. Light sources shall be screened to direct light onsite and to screen the light source from offsite views. Light fixtures shall be kept low to the ground. The final lighting plan shall be subject to review and approval by the Town's Design Review Board. 2. A scenic easement shall be dedicated to the Town of Danville covering the entire site below the 830 foot contour line. No construction of structures, substantial grading, or planting of non - native plant material, other than as approved by this project, will be allowed in this area. Modifications to the roadway and associated grading may be allowed at the discretion of the Town. C. LANDSCAPING 1. Final landscape and irrigation plans (with planting shown at 1 " =20' scale) shall be submitted for review and approval by the Design Review Board. 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. 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. PAGE 6 OF RESOLUTION 2011 -03 4. All existing trees on the site shall be preserved to the extent practical. Removal will be allowed only upon prior written approval from the Planning Division. 5. In order to assure the survival of the required mitigation trees, the applicant shall submit a cash deposit, or other security acceptable to the Chief of Planning, in the minimum amount of five thousand ($5,000) dollars u4th a maximum amount of fifteen thousand ($15,000) dollars. After tu)o (2) full grozoing seasons, the Planning Division shall inspect the health of the trees that were required to be planted. Prior to the Toum's release of the security deposit, the applicant shall be required to replace any of the required trees that have not survived. Where replacement trees are required to be planted, the tzoo (2) year security period shall be repeated. Hozoever, upon approval by the Chief of Planning, the amount of the security may be reduced to reflect the estimated value of the replacement trees. 6. The project landscape architect shall be required to be on -site during the landscape installation to verifij proper installation prior to finalization of the building permit. The landscaping shall be subject to the revieu7 and acceptance by Tozon staff to verifij that the installation of all required landscape material has been installed in accordance with the plans. 7. Prior to the issuance of permits zohich initiate the development, the applicant shall be required to record a declaration to run zoith the title of the property to notifij subsequent property ozoners of the obligation to maintain the required trees on the site in a healthy condition. 8. All fencing shall be open wire fencing. Fence posts shall be natural wood color, or painted a dark color. Solid wood fencing within thirty (30) feet of the primary structure may be considered through the development plan review process where such fences are found not to result in negative visual impacts. 9. Any visible portion of the water tanks shall be painted an earth tone color to blend in with the surrounding environment. 10. The location of the proposed decomposed granite seating area shall be modified to be outside of the drip line of the existing oak trees. PAGE 7 OF RESOLUTION 2011 -03 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 lighted and 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. Color mock -ups shall be made available at the project site prior to scheduling the project for final Design Review Board review. 5. Mock -up colors shall be provided on -site for review and approval by the Design Review Board prior to the painting of the residence. 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. PAGE 8 OF RESOLUTION 2011 -03 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. * 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. PAGE 9 OF RESOLUTION 2011 -03 * 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 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. F. STREETS * 1. 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. * 2. 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. * 3. 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 104a &b. * 4. A satisfactory private road maintenance agreement shall be submitted for approval of the City Attorney prior to issuance of a building permit for the project. PAGE 10 OF RESOLUTION 2011 -03 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 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. 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. * 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 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. * 9. All utility distribution facilities, including but not limited to electric, communication, and cable television lines, within residential or commercial developments shall be under ground, except as follows: PAGE 11 OF RESOLUTION 2011 -03 a. Equipment appurtenant to .under ground facilities, such as surface mounted transformers, pedestal mounted terminal boxes and meter boxes, and concealed ducts; b. Metal poles supporting street lights. 10. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. 11. The applicant shall reduce post - development flows to predicted pre - development flow levels at the County line. The project shall under no circumstances result in a peak flow rate in Alamo Creek at the County line greater than the flow restriction of 132.3 cubic meters per second (4670 cfs), when considering ultimate development of the watershed. This flow limit was agreed upon by Alameda and Contra Costa Counties. The applicant shall mitigate this project's increase in peak flow rates within Alamo Creek by implementing one of the following measures: A. Constructing an on -site retention basin at the down gradient end of the project site to reduce post- development flow levels to predicted pre - development flow levels at the downstream project boundary and at the County line. The preliminary design of the basin shall be based on results from hydrology modeling which utilizes the CCCFC &WCD model or other hydrology modeling which meets the approval of CCCFC &WCD. OR, B. Obtain agreements and coordinate with other developments within the Alamo Creek watershed to increase the size and capacity of off - site retention basin(s), as necessary, to reduce this project's post - development flows to predicted pre - development flow levels at the County line. All off -site drainage mitigation in conjunction with any other development within the Alamo Creek watershed shall be subject to the review of the CCCFC &WCD and review and approval of the Public Works Department. OR, C. Project storm water shall drain to the southern end of the project and discharge into the Lawrence Road drainage system that runs south down Lawrence Road and discharges into Alamo Creek. Increased PAGE 12 OF RESOLUTION 2011 -03 storm water run -off from this project and other development in the Lawrence Road area that will be served by this drainage system will be mitigated by retention facilities downstream of the Lawrence Road area. The applicant shall form a benefit assessment district or annex into an existing benefit assessment district to collect revenue for this project's fair share cost of maintaining the downstream storm water retention facilities. 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. Conditions of this approval may require the applicant to install public improvements on land over which neither the applicant, nor the Town, has easement rights to allow for the installation of the improvements. The applicant shall be responsible for acquisition of said easement rights through private negotiations. If the applicant is unsuccessful in negotiations, the applicant shall apply to the Town for use of eminent domain powers in accordance with Town Resolution No. 78 -85. 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 applicant. * 3. 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 Development Plan 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. * 4. 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 PAGE 13 OF RESOLUTION 2011 -03 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. * 5. 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. * 6. Prior to commencement of any site work that will result in a land disturbance of one (1) acre or more in area, the applicant/ owner shall submit evidence to the Town 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 will be met. Such evidence may be a copy of the permit(s)/ agreement and/or a letter from the applicant/ owner stating that the above permit(s) are not required for the subject project. 7. An area encumbering the northwest corner of the applicant's property was dedicated to Contra Costa County for drainage purposes according to Subdivision Map M.S. 229 -77 (71 PM 26). If improvements are proposed within said dedication area, then the applicant shall obtain an Encroachment Permit from Contra Costa County prior to installing said improvements. Evidence of the issuance of said permit shall be provided to the Town. 8. According to the submitted Condition of Title Report, an access, ingress/ egress, roadway and utility easement exists across the applicant's property for the benefit of Rick and Carina DeHerrera recorded on December 21, 2001 as Instrument No. 2001 - 397273. The location of said PAGE 14 OF RESOLUTION 2011 -03 easement is not disclosed on the application exhibits. Before any permits are issued by the Town, the applicant shall provide an exhibit prepared by a California licensed land surveyor that discloses the precise location of said easement in relationship to proposed improvements for the property. If the proposed improvements conflict with said easement, then the applicant shall do one of the following: Either: a. Redesign the improvement to eliminate the conflict. Or: b. Obtain the consent of DeHerrera to abandon the conflicting portion of the easement so a replacement easement can be recorded across an area that is not in conflict. 9. According to the submitted Condition of Title Report, an ingress/ egress easement exists across the applicant's property for the benefit of Mark Tu and Susan Ho recorded on December 18, 2008 as Instrument No. 2008 - 0270767. The location of said easement is not disclosed on the application exhibits. Before any permits are issued by the Town, the applicant shall provide an exhibit prepared by a California licensed land surveyor that discloses the precise location of said easement in relationship to proposed improvements for the property. If the proposed improvements conflict with said easement, then the applicant shall do one of the following: Either: a. Redesign the improvement to eliminate the conflict. Or: b. Obtain the consent of Tu and Ho to abandon the conflicting portion of the easement so a replacement easement can be recorded across an area that is not in conflict. 10. According to the applicant's exhibits, the existing driveway does not align with the existing access and utility easement that benefits the adjoining property owners to the west and east. The applicant shall do one of the following: Either: a. Ask the adjoining property owners to abandon the existing easement and accept a new easement that aligns with the driveway. PAGE 15 OF RESOLUTION 2011 -03 Or: b. Reconstruct the driveway so that it aligns with the existing easement. 11. According to Subdivision Map M.S. 229 -77 (71 PM 26), a 25' -wide roadway and utility easement was created with the map (or was to be subsequently created) across the adjoining property to the east (Parcel D). Said easement does not align with the existing driveway. The applicant shall do one of the following: Either: a. Abandon the existing easement and ask the adjoining property owner to the east to grant a replacement easement that aligns with the existing driveway. Or: b. Reconstruct the driveway within the confines of the existing easement. 12. The segments of the driveway slope with slopes steeper than 15% shall be constructed using grooved concrete surfacing for increased tire traction in inclement weather. 13. No storm water runoff from any of the new impervious areas shall be discharged onto the existing landslides identified in the referenced geotechnical reports. APPROVED by the Danville Planning Commission at a regular meeting on February 8, 2011 by the following vote: AYES: - Attwood, Bock - Willmes, Combs, Graham, Nigh4als, Radich NOES: - ABSTAINED: - ABSENT: - Morgan, Overcashier Commission Chair APPROVED AS TO FORM: J, City Attorney Chief of Pla ing PAGE 16 OF RESOLUTION 2011 -03