HomeMy WebLinkAbout2013-15RESOLUTION NO.2013-15
ADOPTING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL
SIGNIFICANCE AND APPROVING MAJOR SUBDIVISION REQUEST
SD 9329 ALLOWING THE SUBDIVISION OF A 3 +/- ACRE SITE
INTO FIVE SINGLE FAMILY RESIDENTIAL LOTS
(APN: 215-050-004) - BLACKHAWK MEADOWS, LLC
WHEREAS, BLACKHAWK MEADOWS, LLC (Owner/ Applicant) have requested
approval of a Major Subdivision request (SD 9329) to allow the subdivision of a 3 +/-
acre site into five single family residential lots; and
WHEREAS, the subject property is located at 2500 Blackhawk Road, APN: 215-050-004;
and
WHEREAS, the Towri s Subdivision Ordinance requires approval of a Major
Subdivision application prior to recordation of a final map; and
WHEREAS, pursuant to the requirements of the California Environmental Quality Act
(CEQA), a Mitigated Negative Declaration of Environmental Significance has been
prepared for the project indicating that 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 September 24, 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 approves the Mitigated Negative
Declaration of Environmental Significance and approves Major Subdivision request SD
9329 and makes the following findings in support of this action:
FINDINGS:
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 four 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.
PAGE 2 OF RESOLUTION NO.2013-15
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
3 +/- acre parcel into five single family residential lots. 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 three sheets, dated received by the Planning Division
on July 11, 2013.
b. Preliminary Stormwater Control Plan as prepared by Carlson,
Barbee & Gibson, Inc., dated June 1, 2013.
C. Geotechnical Investigation as prepared by Berlogar, Stevens &
Associates, dated September 12, 2012.
d. Arborist report prepared by HortScience, dated October, 2012.
e. Tree Removal Plan Exhibit, as prepared by Carlson, Barbee &
Gibson, Inc., dated November 19, 2012.
f. Conceptual Landscape Plan, as prepared by A Visual Advantage,
Inc., dated May 6, 2013.
2. The number of trees authorized for removal as part of this approval is 47,
as shown on the "Tree Removal Plan Exhibit referenced above.
PAGE 3 OF RESOLUTION NO.2013-15
3. The frontage landscaping and project frontage wall are conceptual only
and not specifically approved as part of this approval. Final plans shall be
subject to review and approval by the Town and the Design Review
Board.
4. 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.
The following fees are due at final map approval:
1. Base Map Revision Fee ($88/lot) .............................. $ 440.00
2. Map Check Fee (5 lots) ............................................ $ 3,172.00
3. Improvement Plan Check Fee...............3% of cost estimate
4. Engineering Inspection Fee ................... 5 % of cost estimate
5. Grading Plan Check, Inspection and Permit ................TBD
6. Excavation Mitigation Fee - Green Valley ............ $ 7,750.00
7. Park Land in Lieu Fee (4 lots) .............................. $ 37,251.00
The following fees are due at building permit issuance:
1. Child Care Facilities Fee .....................................$ 335.00/lot
2. Stormwater Pollution Program Fee .....................$ 51.00/lot
3. SCC Regional Fee .............................................. $1,233.00/lot
4. Residential TIP Fee ............................................. $ 2,000.00lot
5. Tri-Valley Transportation Fee .........................$ 2,279.00/lot
5. 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 $475.72 ($240 plus 71
notices X 4 notification X $0.83 per notice).
* 6. 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.
PAGE 4 OF RESOLUTION NO.2013-15
* 7. 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.
8. 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 Tozon 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 znork 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.
9. In the event that human remains are discovered during grading or site
development, all zaork shall be halted in the vicinity of the find, the applicant shall
notify the county coroner and comply u7ith all state law 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.
10. Construction activity shall be restricted to the period between the z17eekday hours
of 7:30 a.m. to 5:30 p.m. (Monday through Friday), unless otherwise approved in
writing by the City Engineer for general construction activity and the Chief
Building Official for building construction activity. Prior to any construction
zaork on the site, including grading, the applicant shall install a minimum 3'x3'
sign at the project entry which specifies the allowable construction work days and
hours, and lists the name and contact person for the overall project manager and
all contractors and sub -contractors working oil the job.
* 11. 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.
PAGE 5 OF RESOLUTION NO. 2013-15
12. The applicant sliall require contractors and subcontractors to fit all internal
combustion engines u itli mufflers, u,liich are in good condition, and to locate
stationary noise -generating equipment as far aicay from existing residences as
feasible.
* 13. 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.
* 14. 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.
* 15. 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.
* 16. 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.
PAGE 6 OF RESOLUTION NO.2013-15
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. Wells may be retained for
landscaping purposes only if approved by the Contra Costa. County
Health Services Department - Environmental Health Division.
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
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.
C. LANDSCAPING
1. A security deposit, in the amount of the assessed value of the Town -
protected tree(s) for which grading is proposed to occur within the
dripline (calculated pursuant to the Towri 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
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. All
grading or construction work in proximity to Town -protected trees shall
be supervised by a Certified Arborist.
2. Prior to tree removal and grading a ithin the developtnent area, a determination
shall be made as to ichether 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
PAGE 7 OF RESOLUTION NO.2013-15
raptor nests shall be conducted by a qualified biologist during the nesting season
to identifij 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 within 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. Project approval includes the removal of 47 trees, none of zahich are Tozm-
protected trees. Hozwver, the applicant shall be required to plant one ne117 tree for
each tree to be removed. The trees shall be planted on site or within other Town
approved locations within the Toum of Danville.
4. The developer shall be required to construct a project wall along the
project frontage. The wall design shall be compatible with other walls
located along Blackhawk Road, and shall be submitted for review and
approval by the Town and the Design Review Board prior to approval of
the project's Improvement Plans. The wall shall be maintained by the
project's homeowners association.
5. The applicant shall be required to install frontage landscaping and
irrigation, between the project wall and Blackhawk Road. The landscape
design shall be submitted for review and approval by the Town and the
Design Review Board prior to approval of the project's Improvement
Plans. The landscaping shall be maintained by the project's homeowners
association.
6. Tree removal approved as part of this approval shall be as shown on the
Tree Removal Plan Exhibit referenced under Condition of Approval A.1.e
of this Resolution. Approval for the removal of additional non Town -
protected trees, which may be found to be necessary to allow for the
reasonable development of the lots, shall be subject to review and
approval by the Town and the Design Review Board in conjunction with
the review of the Development Plan applications for the development of
each lot.
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 8 OF RESOLUTION NO.2013-15
* 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 architecture, landscaping, and site design for 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.
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.
PAGE 9 OF RESOLUTION NO.2013-15
* 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 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 retained on -
site zahile the project is under construction. A NPDES construction permit may
be required, as determined by the City Engineer.
* 6. 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.
* 7. All cut and fill areas shall be appropriately designed to minimize the
effects of ground shaking and settlement.
* 8. Stockpiles of debris, soil, sand or other materials that can be blown by the
wind shall be covered.
* 9. 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.
10. 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.
PAGE 10 OF RESOLUTION NO.2013-15
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 by 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.
12. According to the submitted Geotechnical Investigation, a former tributary
creek crossed the southeastern portion of the site along a curvilinear path,
intersecting with the natural creek along the southern property boundary.
The former tributary creek channel shall be located during rough grading.
The channel shall be traced for its full length across the project site, over -
excavated, and properly backfilled in accordance with the
recommendations of the geotechnical engineer.
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, The applicant is responsible for identifying and mitigating impacts to
County roads during construction. A pre -project survey of haul route(s)
must be conducted; thereafter, damaged or deteriorated pavement
resulting from the project truck traffic must be restored to pre -project
conditions by the applicant at their cost. All proposed haul routes shall be
submitted for review and approval by the County Public Works
Department.
PAGE 11 OF RESOLUTION NO. 2013-15
* 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 XI1 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.
8. The applicant must apply for a Large Road Encroachment Permit from
Contra Costa County for the construction of the intersection of the
proposed subdivision road and proposed "turn lane" on Blackhawk Road.
The applicant shall contact the Engineering Services Division of the
County Public Works Department (Bob Hendry at 925-674-7744) to
process a Road Acceptance Agreement along with the review of plans
associated with the encroachment permit.
9. The left turn access for westbound Blackhawk Road motorists as proposed
within the existing median island shall provide storage for at least one
vehicle, preferable two. The taper and storage width within the left
turning lane shall provide minimum width to accommodate a full-sized
vehicle that will not encroach into the through westbound lane on
Blackhawk Road. The left turn lane shall be designed to discourage U-
turn movements on Blackhawk Road.
10. The County Public Works Department Traffic Engineering Section shall
have an opportunity to review and approve all Signing and Striping Plans
developed for this project within the County's jurisdiction (contact Mary
Halle at 925-313-2327). The developer shall provide a "Left Turn Only"
and "No U-Turn" (R34) sign at the proposed left turn lane in the median,
as well as, a "No Left Turn" sign for those seeking egress from the
subdivision.
PAGE 12 OF RESOLUTION NO.2013-15
11. A private access and utility easement shall be dedicated across the drive
aisle for the benefit of all properties within the subdivision, and
maintained as a common area improvement.
12. The proposed 12'-wide right-of-way dedication across the Blackhawk
Road frontage of the property shall be dedicated to Contra Costa County.
Because this area is not currently within the County's jurisdiction, as may
be found necessary by the Town, an annexation shall first be processed
through LAFCO such that the dedication area is transferred from the
Town's jurisdiction to the County's.
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. Prior to the completion of any u)ork a4thin the creek, the applicant shall be
required to submit documentation that all requirements of the California
Department of Fish and Wildlife, US Department of Fish and Wildlife, and
California Regional Water Control Board have been met.
5. Prior to commencement of any site ?cork that zcill result in a land disturbance of
one (1) acre or more in area, the applicant/ou ner shall submit evidence to the
Tozan 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, [lie State Water Resources Control
Board 401 Certification, and the California Department of Fish and Game's
Streambank Alteration Agreement have been or zcill be met. Such evidence Wright
PAGE 13 OF RESOLUTION NO.2013-15
be a copy of the permit(s)/agreement and/or a letter from the applicant/oa)ner
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. The existing joint utility poles and overhead wires shall be
undergrounded as part of the project.
* 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 water quality basin shown on Sheet TM.3 of the tentative map serving
Lots 2 and 3 must also serve as an emergency overland release. An
overland flow path shall be shown between the southern edge of the basin
and the top -of -bank.
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,
PAGE 14 OF RESOLUTION NO. 2013-15
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 Declaration of Restrictions (CC&R's) from 11/15/1948 (Book 1317,
Page 138), as amended in 11/16/1978 (Book 9106, Page 407), contain many
restrictions that conflict with the applicant's proposed use of the property.
As such, the applicant shall file a document removing the property from
those properties governed by these CC&R's.
* 4. The project homeowners' association, through project -specific covenants,
conditions and restrictions (CC&Rs), shall be responsible for maintenance
of all on -site private roads, common landscape areas (including the
landscaped area along Blackhawk Road), common fencing, the project
frontage wall/fence, the bio-retention facility, and common drainage
facilities (including the portion of Green Valley creek within this
development). 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.
* 5. Use of a private gated entrance is expressly prohibited.
* 6. 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.
* 7. 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.
8. The proposed project sliall conform to the Toa n's Stornacater Management and
Discharge Control Ordinance (Ord. No. 2004-06) and all applicable construction
Best Management Practices (BMPs) for the site. For example, construction BMPs
PAGE 15 OF RESOLUTION NO.2013-15
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, 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.
9. The project shall conform to the Regional Water Quality Control Board post -
construction C.3 regulations which shall be designed and engineered to integrate
into the project's overall site, architectural, landscaping and improvement plans.
These requirements are contained in the project's Stormwater Control Plan and
are to be implemented as follows:
a. Prior to issuance of permits for building, site improvements, or
landscaping, the permit application shall be consistent with the applicant's
approved Stormwater Control Plan and shall include drawings and
specifications necessary to implement all measures in the approved plan.
The permit application shall include a completed Construction Plan C.3
Checklist as described in the Town's Stormwater C.3 Guidebook.
b. As may be required by the City Engineer and the Chief of Planning,
drawings submitted with the permit application (including structural,
mechanical, architectural, grading, drainage, site, landscape, and other
drawings) shall show the details and methods of construction for site
design features, measures to limit directly connected impervious area,
pervious pavements, self -retaining areas, treatment (Best Management
Practices) BMPs, permanent source control BMPs, and other features that
control stormwater flow and potential stormwater pollutants.
C. 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 ownership and/or long-term
maintenance of stormwater treatment or hydrograph modification BMPs.
d. Prior to building permit final and issuance of a Certificate of Occupancy,
the applicant shall submit, for the Town's review and approval, a
Stormwater BMP Operation and Maintenance Plan in accordance with
the Town of Danville guidelines to ensure that the storm water polhition
control facilities are properly maintained and operated post construction.
Guidelines for the preparation of Stormwater BMP Operation and
Maintenance Plans are in Appendix F of the Town's Storinwater C.3
PAGE 16 OF RESOLUTION NO.2013-15
Gnidebook. The Integrated Management Practices (IMP) proposed for the
treatment areas shall be consistent znith the recommendations of the
Contra Costa Clean Water Program.
10. A final Stormwater Control Plan (SCP) must be prepared and submitted
as part of the final subdivision map review according to the adopted
Municipal Regional Permit (MRP) that governs land development in
Danville. The Contra Costa Clean Water Program has developed the 6th
Edition Stormwater C.3 Gnidebook to assist those who prepare SCP's.
Information is available on the Program website as follows:
http://www.cccleanwater.org/c3-guidebook.html
11. The applicant shall dedicate a private maintenance easement over the
creek -defined drainage easement shown on the Tentative Map. Ongoing
creek maintenance shall be the responsibility of the homeowners
association to be created as part of this project. The development rights
within the creek -defined drainage easement shall be granted to the Town
of Danville with the understanding that no permanent structures of any
kind, other than drainage structures, may be constructed within or over
this easement without the approval of the City Engineer. Non-invasive
landscaping within the creek -defined drainage easement is allowed
provided the flood control characteristics of the creek are not adversely
altered.
APPROVED by the Danville Planning Commission at a regular meeting on September
24, 2013 by the following vote:
AYES: Bowles, Combs, Graham, Haberl, Heusler, Overcashier, Radich
NOES: -
ABSENT: -
ABSTAIN: -
,',
APPROVED AS TO FORM:
City Attorney
Chairman
Chief of
PA6F47-Of RESOLUTION NO.2013-15