HomeMy WebLinkAbout2013-11RESOLUTION NO. 2013-11
ADOPTING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL
SIGNIFICANCE AND APPROVING MAJOR SUBDIVISION REQUEST
SD 9335 APPROVING A SIX -LOT RESIDENTIAL SUBDIVISION AND TREE
REMOVAL REQUEST TR13-0017
(APN: 202-010-022 - TYLER COURT)
WHEREAS, CORRIE DEVELOPMENT CORP (Owner) and TIM COTTON OF KT
BUILDERS (Applicant) have requested approval of a Major Subdivision request to
subdivide an existing 2.48 +/- acre parcel into six single family residential lots. The
request also includes a Tree Removal permit request to allow the removal of one Town -
protected valley oak tree; and
WHEREAS, the subject property is located at 853 Diablo Road, APN: 202-010-022; and
WHEREAS, the Towri s Subdivision Ordinance requires approval of a Major
Subdivision request prior to recordation of a Final Map and Tree Removal requests are
subject to the Town's Tree Preservation Ordinance; and
WHEREAS, consistent with the requirements of the California Environmental Quality
Act (CEQA), a Mitigated Negative Declaration has been prepared for this project
indicating that, with the incorporation of project modification or recommended
mitigation measures, no significant adverse environmental impacts are expected to be
associated with this project; and
WHEREAS, the Planning Commission did review the project at a noticed public
hearing on July 23, 2013; 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 Major Subdivision request SD
9335 and makes the following findings in support of this action:
FINDINGS OF APPROVAL
Subdivision
1. The proposed subdivision is in substantial conformance with the goals and
policies of the Danville 2030 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 five 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.
Tree Removal
The subject Town -protected valley oak tree is within the applicant's stormwater
bio-retention area. The tree removal is appropriate based on its location and bio-
retention areas not being suitable for oak trees.
2. Removal of the tree will not have an adverse effect on shade, privacy between
properties, or the scenic beauty of the area as mitigation trees will be planted
elsewhere on the property and the subject tree is between the public right-of-way
and a proposed single family residential parcel.
3. Tree removal will not have an adverse effect on, and will not result in a
significant diversion or increase in, the flow of surface water.
PAGE 2 OF RESOLUTION NO. 2013-11
Community Design
1. Abating existing overhead utility lines for the subject project is not feasible, as
new utility poles would need to be added to neighboring properties in order to
underground the existing overhead utility lines and utility lines run overhead for
the entirety of Diablo Road east of Interstate 680.
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
recordation of the final map or the issuance of a grading or building permit as
determined by the Planning Division. Each item is subject to review and approval by
the Planning Division unless otherwise specified.
A. GENERAL
1. This approval is for a Major Subdivision request to subdivide an. existing
2.48 +/- acre parcel into six single family residential lots and remove one
Town -protected valley oak tree. Development shall be substantially as
shown on the project drawings as follows, except as may be modified by
conditions contained herein;
a. Tentative Map as prepared by Carlson, Barbee & Gibson, Inc.,
consisting of five sheets, dated received by the Planning Division
on July 11, 2013.
b. Geotechnical Study labeled "Geotechnical Exploration 853 Diablo
Road," as prepared by ENGEO Incorporated on May 4, 2007.
C. Preliminary Stormwater Control Plan, as prepared by Carlson,
Barbee & Gibson, Inc. dated March 11, 2013.
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
PAGE 3 OF RESOLUTION NO. 2013-11
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............................................................. $ 3,376.00
2. Improvement Plan Check Fee .................... 3 % of cost estimate
3. Engineering Inspection Fee ........................ 5 % of cost estimate
4. Base Map Revision. Fee .................................................... $ 528.00
5. Excavation Mitigation Fee (Flood Control) ............... $ 3,900.00
6. Park Land in Lieu Fee (credit for existing) ............. $ 47,175.00
The following fees are due at building permit issuance for the above -
mentioned project:
1. Child Care Facilities Fee ........................................... $ 335.00/ lot
2. Storm Water Pollution Program Fee ......................... $ 51.00/ lot
3. Finish Grading Inspection Fee ................................... $ 76.00/lot
4. SCC Regional Fee .................................................... $1,223.00/ lot
5. Residential TIP Fee .................................................. $ 2,000.00/ lot
6. Tri-Valley Transportation Fee ............................... $ 2,279.00/lot
3. Prior to the issuance of grading or building permits, whichever occurs
first, the applicant shall reimburse the Town for notifying surrounding
residents regarding this project. The fee shall be $482.36 ($240 plus 292
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 $2,156.25. This check shall be made payable to the Contra Costa
County Clerk's Office and shall be submitted to the Town within four
days of project approval. The applicant shall also submit within four days
of project approval a separate check in the amount of $50.00 made payable
to the Contra Costa County Clerk's Office as required to cover the
County's processing fee.
PAGE 4 OF RESOLUTION NO.2013-11
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 zwrk 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. In the event that human remains are discovered during grading or site
development, all work shall be halted in the vicinity of the find, the applicant shall
notifij the county coroner and comply zoith all state lain requirements, including
Health and Safety Code section 7050.0 and Public Resources Code section
5097.98, to ensure proper disposition of the human remains or suspected human
remains, including those identified to be Native American remains.
* 8. Construction activity shall be restricted to the period between the zneekday hours
of 7:30 a.m. to 5:30 p.m. (Monday through Friday), unless otherzaise approved in
writing by the City Engineer for general construction activity and the Chief
Building Official for building construction activity. Prior to any construction
znork on the site, including grading, the applicant shall install a minimum 3'x3'
sign at the project entry which 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 working on the job.
* 9. 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.
* 10. The applicant shall require contractors and subcontractors to fit all internal
combustion engines with mufflers, znhich are in good condition, and to locate
stationary noise -generating equipment as far away from existing residences as
feasible.
* 11. 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
PAGE 5 OF RESOLUTION NO.2013-11
weekends and holidays as well as workdays. Dust -producing activities
shall be discontinued during high wind periods.
* 12. All physical improvements shall be in place prior to occupancy of any
new 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.
* 13. 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.
* 14. Planning Division sign -off is required prior to final Building Inspection.
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. In accordance with Danville Municipal Code §31-11.14 et seq., the
applicant will be required to guarantee the installation of common area
improvements. The guarantee will take the form of a Subdivision
PAGE 6 OF RESOLUTION NO.2013-11
Agreement and acceptable performance security. The applicant is
encouraged to read and understand the Municipal Code requirements
associated with the guarantee and be prepared to execute the agreement
and provide the performance security in advance of the final map.
5. Any deficiencies in the existing public curb, gutter, sidewalk, or road
pavement along the property's frontages shall be repaired or replaced to
current Town standards. These improvements shall be guaranteed by the
Subdivision Agreement described in the comment above.
6. The design of the project's proposed perimeter fence shall be modified to
be constructed of a masonry material and shall be subject to review and
approval by the Towri s Design Review Board prior to recordation of the
final map.
C. LANDSCAPING
1. This approval authorizes the removal of one Town -protected valley oak tree (tree
1662), subject to additional Town review. The applicant shall attempt to redesign
the project's bio-retention area to preserve the subject tree. If the Town determines
that the bio-retention area cannot be modified to preserve the tree, it's removal is
permitted, zt�ith the condition that replacement trees which are of a cumulative
diameter necessary to equal the diameter of the tree which is removed be planted
on site (location and species to be determined by the Town). No other Tozc)n-
protected tree removals are permitted as part of this application. Additionally, one
replacement tree shall be required to be planted on site for each non -protected tree
that is removed as part of the project (location and species to be determined by the
Tolm).
A security deposit in the amount of the assessed value of the Toicn-protected
tree(s) on the property (calculated pursuant to the Town's Tree Protection
Ordinance) shall be posted zoith the Toum prior to the issuance of a grading
permit or building permit to maximize the probability that the affected trees ucill
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 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 fiznds posted as a tree preservation
security deposit. That portion of the security deposit still held by the Town tau
PAGE. 7 OF RESOLUTION NO. 2013-11
fizll 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. All grading or construction u)ork in
proximity to Tozcm-protected trees shall be supervised by a Certified Arborist.
2. Prior to tree removal and grading within the development area, a determination
shall be made as to zohether grading or tree removal is proposed during the raptor
nesting season (February 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 identifii 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.
3. Prior to recordation of the final map, a deed restriction shall be recorded
to run with the title of Lots 3 and 4. The deed restriction shall describe in
metes and bounds the location of the bio-retention area installed to meet
C.3 Stormwater Quality requirements and shall restrict alteration of the
bio-retention area 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. The future development of each lot within this subdivision shall be subject
to approval of a Development Plan application(s) and shall be subject to
review and approval by the Town and the Town's Design Review Board.
With the exception of the Date Palm tree located within the building pad
area of Lot 1 (tree number 1021), any Development Plan application that
requires approval of a Tree Removal permit to remove a Town -protected
tree shall also require and approval by the Planning Commission.
PAGE 8 OF RESOLUTION NO.2013-11
4. The future development of Lot 4 shall be limited to single story design.
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. A design level geotechnical
exploration report shall be required before the final design of any
residential unit or site improvement is developed to identify ways of
mitigating the colluvial deposits within the swale area of the site, to resist
potential movement in expansive soils, and to design suitable foundations
for any structures.
* 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 comply with Danville Ordinance 2004-06 which
added Chapter 20 to the Danville Municipal Code relating to Storm.water
Management and Discharge Control. All development shall also comply
PAGE 9 OF RESOLUTION NO.2013-11
with the General Permit for Storm Water Discharges associated with
Construction and Land Disturbance Activities (Order No. 2009-0009-DWQ,
NPDES No. CAS000002) adopted by the State Water Resources Control
Board on September 2, 2009, and effective on July 1, 2010. These
regulations require, among other things, that a Stormwater Pollution
Prevention Plan (SWPPP) be prepared by a Qualified SWPPP Developer
for submission to the State of California via the on-line Storm Water
Multi -Application Reporting & Tracking (SMARTS) system. No land -
disturbing activity shall occur until a Notice of Intent (NOI) is filed and a
Waste Discharger Identification (WDID) number is issued by the State of
California. A copy of the final NOI, including WDID number and attached
SWPPP, shall be kept at the project site at all times, with a copy provided
to the Town. The requirements of the SWPPP and all other Permit
Registration Documents shall be fully implemented during land -
disturbing activities.
* 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.
* S. 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
PAGE 10 OF RESOLUTION NO.2013-11
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. 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.
12. 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 and security
deposits according to the schedule in effect at the time the permit is
issued.
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.
PAGE 11 OF RESOLUTION NO.2013-11
* 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. Handicapped ramps shall be provided and located as required by the City
Engineer.
* 7. 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
104a&b.
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. The
District's initial comments on this project are summarized with their
memorandum dated March 26, 2013.
* 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.
PAGE 12 OF RESOLUTION NO. 2013-11
* 5. 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 a WDID number issued by the State Water Resources Control
Board in response to an application submitted via their online SMARTS
System by a qualified SWPPP developer. 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 might 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.
* 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.
* 9. All new utilities required to serve the development shall be installed
underground in accordance with the Town policies and existing
ordinances. All utilities shall be located and provided within public utility
easements, sited to meet utility company standards or in public streets.
* 10. All street, drainage or grading improvement plans shall be prepared by a
licensed civil engineer.
11. A wrought iron fence shall be installed along the back of the sidewalk on
Lot 3. Plans for the fence shall be submitted for review and approval by
the Town as part of the project's improvements plans.
12. The homeowners association is required to enter into a Licensing
Agreement with the Town that will obligate the HOA to maintain the
landscaping in the public right-of-way using funding collected from the
homeowners. The perimeter wall shall also be maintained by the HOA.
PAGE 13 OF RESOLUTION NO.2013-11
13. The proposed sanitary sewer main that terminates with a manhole at the
northwestern corner of Lot 1 shall be extended east to the subdivision
boundary to allow future connection by the neighboring Johnson property
(APN 202-010-019) if/ the neighboring property develops.
14. The applicant shall dedicate an easement across the eastern portion of Lot
6 and northern corner of Lot 1. Said easement shall be granted to the
neighboring Johnson property (APN 202-010-019). If/when the
neighboring property develops said easement will allow Tyler Court to
serve as a shared driveway for both the current and future developments.
If/when the Johnson property develops, said future development shall be
required to join the HOA and contribute funding for commonly used area
improvements such as the shared driveway.
15. The drainage easement that runs between Lots 3 and 4 is a private
easement. All storm drain improvement shall be maintained by the
project's HOA.
16. The driveway location shall be maintained to allow for appropriate site
distance for all expected pedestrian, bike and vehicle movements.
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.
* 3. The project homeowners' association, through project -specific covenants,
conditions and restrictions (CC&Rs), shall be responsible for maintenance
PAGE 14 OF RESOLUTION NO.2013-11
of all on -site private roads, common landscape areas, common fencing, the
perimeter wall, the perimeter landscaping within the public right-of-way,
the bio-retention facility, and common drainage facilities. Draft project
CC&Rs shall be submitted to the Town of Danville for review and
approval a minimum of 30 days prior to recordation of the final map.
* 4. Use of a private gated entrance is expressly prohibited.
* 5. The location, design and number of gang mailbox structures serving the
project shall be subject to review and approval by the Design Review
Board and the local Postmaster.
* 6. 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.
* 7. The proposed project shall conform to the Tou�n's Stormu7ater 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 u7astes and debris, painting, concrete
operations, dewatering operations, pavement operations, vehicl%quipment
cleaning, maintenance and fiieling 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.
* 8. 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 Stornm7ater Control Plan and
are to be implemented as follows:
Prior to issuance of permits for building, site improvements, or landscaping,
the permit application shall be consistent a4th the applicant's approved
Stormwater Control Plan and shall include drawings and specifications
PAGE 15 OF RESOLUTION NO.2013-11
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 Toum's Stormznater C.3 Guidebook.
As may be required by the City Engineer and the Chief of Planning, draznings
submitted with the permit application (including structural, mechanical,
architectural, grading, drainage, site, landscape, and other draznings) 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 stormznater
flozn and potential stormznater pollutants.
Prior to building permit final and issuance of a Certificate of Occupancy, the
applicant shall execute any agreements identified in the Stormznater Control
Plan znhich pertain to the transfer of ou nership and/or long-term maintenance
of storinuuter treatment or hydrograph modification BMPs.
Prior to building permit final and issuance of a Certificate of Occupancy, the
applicant shall submit, for the Toam's reviezn and approval, a Stormznater
BMP Operation and Maintenance Plan in accordance u7ith the Toum of
Danville guidelines to ensure that the storm znater pollution control facilities
are properly maintained and operated post construction. Guidelines for the
preparation of Stormznater BMP Operation and Maintenance Plans are in
Appendix F of the Toum's Stormznater C.3 Guidebook. The Integrated
Management Practices (IMP) proposed for the treatment areas shall be
consistent znith the recommendations of the Contra Costa Clean Water
Program.
9. A final Stormwater Control Plan shall be submitted for review and
approval by the Town prior to recordation of the final map.
PAGE 16 OF RESOLUTION NO.2013-11
APPROVED by the Danville Planning Commission at a regular meeting on July 23,
2013, by the following vote:
AYES: Bowles, Combs, Graham, Haberl, Heusler, Radich, Verriere
NOES:
ABSTAINED: Overcashier
ABSENT: - ;° }✓j/]��.- �/�
Chairman
APPROVED AS TO FORM:
C� c IV J�
City Attorney
PAGE 17 OF RESOLUTION NO.2013-11