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HomeMy WebLinkAbout89-12 BEFORE THE TOWN COUNCIL OF THE TOWN OF DANVILLE In the Matter of: Approving Rezoning of Property ) Ordinance No 89-12 from A-2; General Agriculture ) District to P-l; Planned Unit ) Development District and Amending ) ) The Town Council of the Town of Danville DOES ORDAIN AS FOLLOWS: SECTION 1. Rezoninq. That the four 1+ acre parcels located on the north side of Camino Tassajara, approximately 680 feet east of the intersection of Old Blackhawk Road and Camino Tassajara (Assessor's Parcel Numbers: 203-200,001 through 004) is rezoned from A-2; General Agriculture District to P-l; Planned Unit Development District. Rezoning is based upon the findings and conditions contained in Attachment A. SECTION 2. Zoning Map. The zoning map of the Town of Danville is amended accordingly. SECTION 3. Publication. The City Clerk shall either a) have this Ordinance published once within 15 days after adoption in a newspaper of general circulation or b) have a summary of this Ordinance published twice in a newspaper of general circulation once five days before its adoption and again within 15 days after adoption. SECTION 4. Effective Date. This ordinance becomes effective 30 days after its adoption. The foregoing ordinance was introduced at a meeting of the Town Council of the Town of Danville held August 7, 1989 and was adopted and ordered published at a meeting of the Council held on Sept. 7 , 1989, by the following vote: AYES: GREENBERG, JAGGER, LANE, RITCHEY, SCHLENDORF NOES: NONE ABSTAIN NONE MAYOR ' ATTEST: ~/~ adm. 8-7 ATTACHMENT A FINDINGS AND CONDITIONS OF APPROVAL PRELIMINARY DEVELOPMENT PLAN PUD 89-3 DELCO BUILDERS & DEVELOPERS - THE TERRACES FINDINGS A. The Town Council of Danville hereby finds as follows in support of the Preliminary Development Plan: 1. The proposed Planned Unit Development District is consistent with the Danville General Plan and the Old Blackhawk Road Specific Plan; 2. The development will constitute a residential environment of sustained desirability and stability and will be in harmony with the character of the surrounding existing and planned neighborhood and community; 3. The development will mitigate off-site traffic impacts through the assurance of off-site improvements in a manner acceptable to the Town; 4. The previously certified Environmental Impact Report (EIR) prepared for the Sycamore Valley Specific Plan (in conjunction with the addendum to the EIR prepared in 1985) and the Mitigated Negative Declaration of Environmental Significance prepared for the Old Blackhawk Road Specific Plan discussed potential impacts associated with development of the site for residential uses, in part satisfying the requirements of the California Environmental Quality Act. 5. The proposal to establish more residential units than originally anticipated for this portion of the Sycamore Valley Specific Plan area may create traffic impacts and other impacts which may be cumulatively significant if not mitigated. Project conditions which follow serve in part to mitigate potential cumulative impacts identified in the Mitigated Negative Declaration of Environmental Significance prepared for this project. Conditions of ADproval Unless otherwise specified, the following conditions shall be complied with prior to issuance of a grading permit or the recordation of the initial Final Map for the project. Each item is subject to review and approval by the Planning Department unless otherwise specified. A. General Provisions 1. This approval is for townhouse development of a maximum of 36 attached townhouses units with a passive private recreation areas and a Open Space/Trail System. Development shall be subject to further detailed review by way of submittal and processing of a Final Development Plan and 1C accompanying Tentative Map. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; a. Revised Site Plan labeled "The Terraces - Preliminary Development Plan", consisting of a single sheet, prepared by DK Associates and dated received July 3, 1989. b. Revised elevations and floor plans for the townhouses labeled "The Terraces" consisting of five sheets, prepared by John Nicely, Architect and dated received July 3, 1989. c. Preliminary landscape plans labeled "Preliminary Landscape Plans - The Terraces", consisting of two sheets, prepared by Swanson & Associates dated received July 3, 1989. d. Preliminary grading plans labeled "Preliminary Grading and Drainage Plan - The Terraces", consisting of a single sheet, prepared by DK Associates and dated received July 3, 1989. 2. The developer shall pay any and all Town and other related fees that the property may be subject to. These fees shall be based on the current fee schedule in effect at the time the relevant permits are secured. If the necessary funding of the Sycamore Valley Fee Benefit District has been acquired prior to recordation of this final map, this development (either in full or part) shall be responsible to contribute to unfunded or partially funded capital improvements. Payment of the Park Dedication Fee (currently $2,238) will be imposed on those units. Units assessed within the Sycamore Valley Assessment District are not responsible for a Park Dedication Fee. 3. The developer shall submit written documentation that all requirements of the San Ramon Valley Fire Protection District have been met to the satisfaction of the District. The developer is referred to the District's comments of May 3, 1989. 4. If archeological materials are uncovered during any construction or pre-construction activities on the site, all earthwork within 100 feet of these materials shall be stopped, the Town Planning Department notified, and a professional archeologist, certified by the Society of California Archeology and/or the society of Professional Archeology, shall also be notified. Site work in this area shall not occur until the archeologist has had an opportunity to evaluate the significance o~ the find and to outline appropriate mitigation measures, if they are deemed necessary. 2C 5. Construction and grading operations, delivery of construction materials, and warming up and/or repair/servicing of grading and/or construction equipment shall be limited to weekdays (Monday through Fridays) during the hours from 7:30 a.m. to 5:30 p.m., unless otherwise approved in writing by the City Engineer. 6. Covenants, Conditions and Restrictions (CC&Rs), & Articles of Incorporation and By-laws for a mandatory homeowner's association shall be prepared for the project. The Town shall be made a third party beneficiary as to the sections of the CC&Rs which address any applicable conditions included in the project Conditions of Approval, and the following areas of concern: a. Provision of ongoing maintenance of private roadways, private recreation facilities, private drainage systems, and other common open space areas and facilities shall be assured. b. Requirement that construction of architectural additions and/or remodels, and accessory structures of any kind shall require the approval of the homeowner's association and the Town of Danville Planning Department through a Minor Development Plan permit process. (Accessory structures may be reviewed at an administrative level and referred through a Minor Development Plan at the Staff's discretion of the Planning Department). c. Provision of ongoing maintenance of the project's emergency vehicle access (if established) shall be assured. d. The Town shall be granted the right, but not the duty, of enforcing any provisions contained in the CC&Rs. Additions to the CC&Rs by the homeowner's association consistent with the original CC&Rs may be made at the discretion of the homeowner's association. Any changes pertaining to conditions of approval imposed upon the project shall be submitted to the Town for review by the City Attorney prior to their adoption. e. Membership in the homeowner's association shall be mandatory for all owners in the project. f. Storage of vehicles within the required front yard areas shall be prohibited. g. Storage or parking of recreation vehicles on the individual lots in excess of eight hours shall be prohibited. 3C h. Provision of landscape maintenance activities that assure healthy growing conditions for project landscaping and assure proper operation of irrigation systems. Prior to recordation of a Final Map, the draft CC&Rs shall be submitted to the City Attorney to assure that all applicable Conditions of Approval have been addressed to his satisfaction. 7. The developer shall comply with the requirements of the San Ramon Valley Unified School District as specified in the Sycamore Valley Specific Plan. Said compliance shall be verified in the form of a letter of understanding or agreement prior to recordation of a Final Map. 8. Plans for street lighting and signage and entry signage as required by the Sycamore Valley Specific Plan and the Old Blackhawk Road Specific Plan shall be submitted in conjunction with Final Development Plan submittal. 9. Development of the project's northern boundary shall be designed to integrate to the maximum degree possible with the proposed Ahmanson project (PUD 89-11) lying to the north. Cooperation between the two developers shall occur as regards the location of this project's access from proposed Collector Road "B" of the Ahmanson project and linkage of trails connecting the two developments. 10. Authorization for existing and future residents in the Old Blackhawk Specific Plan Area to utilize the Open Space/Trail System established in this project shall be guaranteed by the recordation of the appropriate easement agreements and by the manner the homeowner's associations covering these project amenities is structured. The easement agreements shall be subject to review and approval by the City Attorney prior to recordation. B. Site Planning 1. The land uses and minimum dimensional standards and requirements for the 36 townhouse units established on the subject property shall be consistent with the M-9; Multiple Family Residential District Standards, as established by the Town Zoning Ordinance, except as follows: a. Lot sizes and project density shall be substantially consistent with those shown on the development plans referenced in Condition # A.l.a. above. Lot sizes shall be adequate to reflect a maximum building coverage of 40%. b. Front yard setbacks shall be varied and shall observe a minimum setback from the back o~ sidewalk (or the back edge of curb where no sidewalk is present) of eighteen feet. No second 4C story elements shall encroach into the minimum frontyard setback. c. Minimum building-to-building separations shall be 20 feet where sides of building groupings are parallel to one another. This minimum may be reduced to a 15 foot minimum where the sides of the building groupings are not parallel. d. Private rearyards shall be a minimum of 400 square feet in area with minimum depths of 15 foot (with a 20 foot "typical") and a minimum width of 28 feet. e. Each dwelling unit shall maintain a minimum of two vehicle parking spaces located within a garage and two additional spaces located within the driveway serving that unit. Additional guest parking at a ratio of 0.5 spaces/unit shall be supplied in close proximity to the units they serve. f. No building or structure shall exceed two stories or 28 feet above average grade. 2. The Final Development Plan submittal for this project shall detail the complete pedestrian circulation system proposed for development. This plan shall include, at a minimum; a. Sidewalks on the east side of "A" Road continuing off this project site to link with the proposed trail system in the Ahmanson project (PUD 88-11). b. A six foot (minimum width) internal walkway system providing appropriate interconnections for the units created to the street sidewalk system, the recreation areas and the proposed Open Space/Trail System with ultimate linkage to Camino Tassajara. 3. The Final Development Plan (FDP) submittal for this project shall reflect the following changes: a. Maintain a 24' minimum setback from Camino Tassajara curb face to the proposed architectural sound wall. Provide a cross section reflecting installation of required frontage improvements with the submittal of the F.D.P. One 8' meandering sidewalk shall be installed in areas east of intersection with Old Blackhawk Road along Camino Tassajara frontage. b. Decrease the proposed private street section from 25' to 24' to provide two 12' travel lanes with no parking on either side. Both sides shall be posted with parking restriction signs and curb painting to satisfy San Ramon Valley Fire District 5C requirements. c. Relocate parking spaces 5, 6, 8 and 10 to the northeast side of the cul-de-sac to provide a more aesthetically pleasing visual corridor from 'A' road and a more adequate turn around at 'C' curb. d. Reduce the building separation between the building groups on the west side of 'A' road to 15' if required to provide Building Group 12-15 with a sufficient back-up area (a minimum of 22' feet required). Maintain a 10' minimum separation between the edge of drive serving Building Group and Unit 11. Special emphasis shall be placed on the landscaping provided in this strip. e. Show proposed grading for the possible future driveway extension of the driveway serving Building Group 12-15 to serve as a future emergency vehicle access connection to the adjoining parcel to the west. The final map shall reflect dedication of rights for an emergency vehicle access (E.V.A.). The applicant shall record an easement benefiting the adjacent property owner for right of entry and necessary slope easements. The developer shall submit plans to provide an over-built section of driveway for Building Group 12-15 to handle future fire emergency vehicle apparatus if this driveway ultimately becomes an E.V.A. f. Rear yard terracing on Building Groups 1-4, 5-7, and 8-11 will be subject to review at Final Development Plan submittal with the Final Grading Plan. Where rear yard terracing is deemed necessary and appropriate (Building Groups 12-15 and 18-21 and 31-36) the flat rear yard shall maintain a minimum of 12' The terraces shall be 2 and 3 tierred, with walls not to exceed 2' in height. The developer shall provide rear yard landscaping on the terraces in these units. (See Condition #C.3.c.) h. The rear yard setbacks may be reduced from 20' to 15' on Building Groups 12-15, 16-17, and 18-21 to minimize the retaining wall height on these units. i. Lower the building pad elevation for units 12&13 to the extent practicable to minimize grade differential between the top of slope and the building wall. Rear yard setbacks may be reduced to 15'! and no retainlnS wall shall exceed 5 ~ee~. 6C j. Relocate Building Group 18-21 five to ten feet (minimum 5') in a westerly direction to provide a greater setback from the wall at the easterly building edge. k. Provide more a detailed grading plan in the area of Building Group 18-21. Provide a cross section detailing the internal walkway, soundwall breaks and wall wrap in the area of Building Group 18- 21. The internal trail/walkway system shall link to the Camino Tassajara pedestrian system. 1. Provide two cross sections of the northern property boundary. One section shall be at the project entrance and one in the area of Unit 33 to indicate grade differential and terrace details. m. Maintain 3' setback between edge of pavement and proposed wall on 'B' court. 4. The air conditioning condensers serving the townhouse units in this project shall be located at the rear of the units they serve. 5. Project lighting shall be installed in such a manner that glare is directed away from surrounding properties and rights-of-way. 6. If project identification is desired by use of subdivision entry signs, said signage shall be located on the south side of the project entry. Project identification signage shall be subject to separate review and approval under a sign review permit. C. Landscaping 1. Landscape and irrigation working drawings shall be submitted for review and approval by the Planning Department prior to recordation of the Final Map. 2. The recreation area and the fencing, sidewalk and landscaping improvements to be developed with this project shall be completed according to the following schedule; a. The recreation area and the fencing, sidewalk, internal walkways of the Open Space Trail System, and all landscaping improvements shall be completed no later than the occupancy of the 12th dwelling unit in this project. 3. A revised Landscape Plan shall be submitted with the Final Development Plan and shall incorporate the following changes and/or additions: 7C a. An area to receive special focal/decorative landscape treatment at the project entry area. b. Incorporation of additional trees and vegetation along the western project boundary (abutting the Church property) to achieve a screening effect. c. The rear yards of Units 12 through 21 and 31 through 36, where the use of double terracing is proposed, shall be landscaped to mitigate the walls and upslope conditions. d. Landscaping at the "communal entries" on the 4- plex units shall be intensified to provide a yard definition. The Final Development Plan submittal for this projectshall include preliminary landscape plans for each of the areas identified above. The treatment provided shall be reflective of an overall landscape design theme for the entire project. 4. The Final Development Plan submittal for this project shall include details of a preliminary slope planting program for the off-site slope areas at the west side of the project. The developer shall diligently pursue rights to provide offsite landscaping by obtaining a landscape easement along the western boundary from the adjoining parcel (APN: 203- 200-015). Documentation as to what efforts have been taken to pursue the rights to establish the referenced off-site landscaping shall be submitted with the plans. 5. Project landscaping shall combine pleasing aesthetics with water conservation measures. Plant materials shall be hardy and drought tolerant, while providing good coverage, shade, and variation in color. Native species shall be emphasized. Irrigation systems shall emphasize efficient water usage through the use of drip systems, bubblers, low volume emitters, and other advanced technologies to conserve water. 6. All project landscape elements (walks, driveways, patios, etc.) shall be designed as integral parts of the project architecture. 7. Landscaping in the parkway and common areas shall incorporate trees at a minimum planting ratio of one tree per 200 square feet of area. Trees shall be minimum 15 gallon size; 25% of all trees shall be 24 inch box size. 8. Intersections and other locations where sight distances are important shall utilize low profile shrubs and ground cover. 9. Landscaping in the Camino Tassajara frontage shall comply with the Camino Tassajara Streetscape Guidelines. 8C 10. Authorization for all existing and future residents of the Old Blackhawk Specific Plan Area to utilize the Open Space/Trail System established in this project shall be guaranteed by the recordation of the appropriate easement agreements and by the manner the homeowner's associations covering these project amenities is structured. The form of the easement agreements and the layout of the easements across this project shall be subject to review and approval by the City Attorney and the Chief of Planning prior to recordation of the initial Final Map. D. Architecture 1. All units developed in this project shall be designed in accord with the following criteria: a. All four exterior elevations of each unit or building group shall be architecturally dimensioned, trimmed and detailed similar to front elevations. Trim material around doors and windows shall be a minimum of 1-5/8" thickness. b. Approved spark arrestors shall be installed on each chimney used for fireplaces and appliances in which solid or liquid fuel may be used. c. Where frontyard setbacks are less than 20 feet, roll-up garage doors shall be installed and maintained. All garage doors shall be operated by an automatic garage door opener. 2. Prior to the issuance of building permits, samples of final colors and materials selected for each individual structure shall be submitted to the Planning Department for review and approval. Materials and colors shall be consistent with design guidelines in the Old Blackhawk Road Specific Plan and the Sycamore Valley Specific Plan. Planning staff shall review final design plans with emphasis on window trim details on the individual units prior to issuance of building permits. The use of masonite, pressboard as exterior siding, or their equivalent, is expressly prohibited. 3. Development shall be consistent with Danville's Residential Development Standards. 4. The Final Development Plan submittal for this project shall include design information for all project fencing proposed in the project. Fencing established shall be generally consistent with the schematic fence details depicted on Figures 8 of the Old Blackhawk Road Specific Plan. 5. The Final Development Plan submittal for this project shall include design information for all project signage proposed for use in this project. 9C 6. The Final Development Plan submittal for this project shall be subject to Design Review Board approval to include design information for all project lighting to be developed in this project (i.e., lighting for internal and perimeter roadways, for parking areas, for pedestrian trail system areas, for recreation areas, and for security lighting at units). 7. If individual unit garbage can pick-up service is proposed, then the location for storage and means of resident access to the garbage cans shall be detailed in the Final Development Plan submittal for this project. 8. All window frames shall be of wood or bronze or other colored anodized aluminum. Mill finish aluminum window frames are not permitted. 9. Large glass areas shall be broken up by the use of window mullions or other architectural features. 10. Tinted (non-reflective) glass is preferred where solar heat gain is a concern and where windows cannot be shaded by either overhangs, awnings or landscaping. 11. Minimum eave projections shall extend at least 18 inches from the exterior building walls. 12. The minimum size fascia shall be 8 inches. Whenever possible, additional relief shall be provided to create shadow lines or other architectural interest. 13. All building designs shall incorporate gutters and downspouts. 14. No roof mounted mechanical equipment of any kind shall be permitted. All mechanical equipment shall be completely shielded from view whether from adjacent properties or public rights-of-way. 15. The final architectural design of the project has been reviewed and approved by the Design Review Board on May 18, 1989. Any substantial architectural deviations or revisions shall require Design Review Board approval. E. Grading 1. All proposed grading shall be carried out in accordance with the "Grading and Erosion Control Requirements" as set forth in the Sycamore Valley Specific Plan. 2. Any proposed off-site grading shall be subject to review and approval by the City Engineer prior to the recordation of the Final Map. Such grading requires written approval, submitted to the City Engineer, of all affected property owners. 3. Areas undergoing grading, and all other construction 10C activities shall be watered, or treated with other dust control measures to prevent dust. These measures shall be approved by the City Engineer and employed at all times as conditions warrant. 4. Grading and land preparation shall be restricted to the period of April 15 to October 15 to minimize erosion and depositing of sediments, except as may be authorized in writing by the City Engineer. All exposed erodible slopes resulting from grading activities shall be hydromulched or otherwise stabilized by the developer by October 15. 5. Where soils or geologic conditions encountered in grading operations are different from that anticipated in the project specific soil and geologic investigation report, or where such conditions warrant changes to the recommendations contained in the original soil investigation, a revised soil or geologic report shall be submitted for approval by the Town Engineer. It shall be accompanied by an engineering and geological opinion as to the safety of the site for hazards of land slippage, erosion, settlement and seismic activity. 6. If grading is commenced prior to filing the Final Map, a surety or guarantee, as determined suitable by the city Engineer, shall be filed with the City of Danville to ensure restoration of the site to stable and erosion resistant state if the project is terminated prematurely. 7. All grading plans shall be accompanied by erosion control and revegetation plans. Said plans shall be prepared consistent with Grading and Erosion Control requirements set forth in the Sycamore Valley Specific Plan. 8. The soils engineer shall sign the final grading plans. 9. Each lot shall be so graded as not to drain on any other lot or adjoining property prior to being picked up by an approved drainage system. 10. Development of the project shall be completed in compliance with the recommendations of the Geotechnical Exploration Report dated May 25, 1989 prepared by Engeo Incorporated and submitted as part of the application submittal package. 11. The Town of Danville shall contract with a qualified "third party" consulting firm for the purpose of conducting an independent review and appraisal of the final soils and geotechnical report prepared for this project. The cost of this review shall be borne by the developer and will be based on time and materials plus a 1% administrative fee for the Town. The developer shall provide the Town with all necessary data to facilitate this review a minimum of thirty days prior to the recordation of the initial final map or the request for issuance of grading permits. The information supplied to the Town shall include a technical 11C response to the March 21, 1989 letter regarding the subject property from Richard A Nystromm, General Manager for the Blackhawk Geologic Hazard Abatement District and the accompanying March 16, 1989, report from Engeo Incorporated entitled "Disclosure of Slope Stability and Groundwater Conditions". Upon completion of the initial review, the developer and his soils engineer shall address all comments and re-submit the complete package for final review. Concurrent with the final review, the developer's engineer shall make any necessary changes on the final map which result from the third party review. In the event that the Town Engineer concludes, from analysis of all pertinent information, that the site, or portions of the site, are unsuitable for the development proposed, the Tentative Map and Final Development Plan application shall be referred back to the Planning Commission for reconsideration. F. Streets 1. The developer shall obtain an encroachment permit from the Engineering Department prior to commencing any construction activities within any public right-of-way or easement. 2. All street signing shall be installed by the developer as required by the Town. This shall include, but is not necessarily limited to "Stop", "No Parking", "Not a Through Street", and street name signs. Traffic signs and parking restriction signs shall be subject to review and approval by the City Engineer and the Police Department. 3. The developer shall keep adjoining public streets free and clear of project dirt, mud, materials and debris during the construction period, as is found necessary by the City Engineer. The developer shall be responsible for corrective measures at no expense to the Town of Danville. Construction fencing shall be supplied as required by the City Engineer if determined necessary, to provide public safety. 4. Handicapped ramps shall be provided as required by the State of California, Title 24 and as may be required by the City Engineer. 5. Any damage to existing public street improvements resulting from project construction shall be repaired to the satisfaction of the city Engineer at full expense to the developer. The developer shall also be responsible for correction of any existing frontage deficiencies along the subject property's frontage along Old Blackhawk Road. 6. 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 stan~ard~ ~tabli~n¢~ in Title 9 of the city Code. At the time Project Improvement Plans are submitted, the developer shall supply 12C to the City Engineer an up-to-date Title Report for the subject property. 7. Abutter's rights of access along the project's Camino Tassajara shall be relinquished to the Town. 8. Copies of the Final Map and improvement plans, indicating all lots, streets, and drainage facilities within the subdivision, shall be submitted at 1" = 300 ft. scale, for Town mapping purposes. 9. Proof shall be furnished to the City Engineer of the acquisition of all necessary rights of entry, permits and/or easements for the construction of off-site, temporary or permanent, road and drainage improvements. 10. The precise location of Collector Road "B" serving the Ahmanson project (PUD 8~-11 "Images") has not been determined. If this project supercedes PUD 88-11, this developer shall be responsible for the design and construction of frontage improvements for a functional half width section of Collector Road "B" from its intersection with Old Blackhawk Road easterly for a distance of approximately 900' to the cul-de-sac at the intersection of Collector Road "A" (as identified by PUD 88-11). These improvements shall include, but are not necessarily limited to, curb, gutter, sidewalk, pavement, frontage landscape, buffer and/or frontyard landscaping, street lighting and any offsite pavement transition work necessary to coordinate new improvements with existing adjoining driveways and/or private roads extending from the roadway. Road improvements shall conform to the typical roadway cross-section (Section B-B) shown on Figure 3 of the Old Blackhawk Road Specific Plan. The developer shall be responsible for the design and construction of the 24' private road and 4' sidewalk on the north side continuing from the Collector Road bulb to the project site. The developer shall verify that the necessary approvals have been secured from the owners of APN 203-200- 005 to accommodate the construction of Collector Road "B" and the private road section. If the necessary approvals can not be secured, the project shall be redesigned to reflect an alternate street location and returned to the Planning Commission for reconsideration. 11. Any project roads proposed for dedication to the Town of Danville shall be constructed to adopted road standards for public roads. 12. The subject development shall contribute toward the planned future signalization at the intersection of Old Blackhawk Road and Camino Tassajara. The exact level of contribution shall be as determined by the City Engineer and shall not exceed 25% of the signal's design and construction costs. 13. Conditions of this approval require the payment of a traffic mitigation fee on a per unit basis to be used for 13C construction of certain roadway improvements within the Town of Danville, the City of San Ramon and unincorporated portions of Contra Costa County, with the specific intent of maintaining a minimum level of service at midrange 'D' traffic condition at all locations within Danville where traffic improvements are to be funded by the above cited traffic mitigation fees. If this level of service is exceeded at the locations described above, no further Final Maps shall be recorded until the programmed improvement is completed or financially assured. The developer may at his option accelerate payment of the traffic mitigation fees in order to provide the Town with the necessary funding to construct the improvements. G. Infrastructure 1. Water supply service for this subdivision shall be provided by the East Bay Municipal Utility District in accordance with the requirements of the District. 2. Sewer disposal service for this subdivision shall be provided by the Central Contra Costa Sanitary District in accordance with the requirements of the District. 3. Drainage facilities serving this subdivision, maintenance thereof, and easements shall be provided to the satisfaction of the City Engineer and/or the Chief Engineer of the Contra Costa County Flood Control District. 4. All storm water run-off shall be collected and conducted via an approved drainage method to the nearest approved downstream facility. 5. Off-site drainage flows shall be intercepted at the project boundary via an approved storm drain facility, or as approved by the Town. 6. Roof drains shall empty onto paved areas, concrete swales, other approved dissipating devices, or into a pipe, unless an alternative lot drainage scheme is determined acceptable to the project civil engineer and authorized by the city Engineer. 7. Concentrated drainage flows shall not be permitted to cross sidewalks or driveways. Each lot shall be supplied with curb shoots through adjoining sidewalks/curbs, unless otherwise stipulated by the City Engineer. 8. Any portion of the drainage system that conveys runoff from public streets shall be installed within a dedicated drainage easement, or public street. 9. If a storm drain must cross a lot, the minimum storm drain easement width shall be ten feet. Wider easements will be required in some cases based on pipe size and depth. 14C 10. The developer shall comply with all relevant requirements of the Contra Costa County Flood Control District as referenced in the agency letter of April 26, 1989. Written documentation shall be supplied to the City to verify that the District's requirements have been met to the satisfaction of the District. 11. The developer 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. Electrical, gas, telephone, and Cable TV services, shall be provided underground to each lot in accordance with the city 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. 12. In accordance with Section 92.2006 of the City Ordinance Code, this project shall conform to the provisions of the City Subdivision Ordinance (Title 9). Any exceptions therefrom must specifically be listed in the conditions of approval established for the Tentative Map approved for this project. 13. Authorization for all existing and future residents of the Old Blackhawk Specific Plan Area to utilize the Open Space/Trail System established in this project shall be guaranteed by the recordation of the appropriate easement agreements and by the manner the homeowner's associations covering these project amenities is structured. The form of the easement agreements and the layout of the easements across this project shall be subject to review and approval by the City Attorney and the Chief of Planning prior to recordation of the initial Final Map. 14. The developer shall be responsible for the installation of street light standards and luminaries with the design, spacing height, lighting intensity and locations subject to approval by the City Engineer. Low height light standards may be utilized if deemed acceptable by the city Engineer and the Chief of Planning. 15. Storm drains shall be placed in streets wherever possible and the plan shall be designed so that this can be accomplished without the pipes being excessively deep. 16. All closed conduit drainage systems shall be designed with self-cleaning flow velocities (not less than 2 FEET PER SECOND). 17. Prior to Tentative Map and Final Development Plan approval, the applicant shall submit a drainage study to address the existing drainage facility through the site and westerly thereof, and its ultimate disposition. 18. The public's responsibility for maintenance of drainage 15C facilities shall begin at the first inlet accepting public street drainage. H. Miscellaneous 1. The developer shall confer with local postal authorities to determine the type of mail receptacles that are to be utilized for this project. The developer shall supply a letter to the City which indicates the postal authority's satisfaction with the system chosen prior to the issuance of building permits. 2. Separate approvals shall be secured from the Planning Department prior to establishment of off-site subdivision signs, placement of construction office trailers and/or creation of a model office/sales office complex. 3. All abandoned septic tanks, leach fields, or wells located across the property shall be destroyed per the requirements of the Contra Costa County Health Services Department. 4. All physical improvements shall be in place prior to occupancy of any unit 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-Phased Occupancy Plan approved by the Planning Department. No individual unit shall be occupied until the adjoining area is finished, safe, accessible, provided with all reasonable expected services and amenities, and appropriately separated from remaining additional construction activity. 5. The developer shall submit a list of proposed street names and a draft addressing scheme for review and approval by the Planning Department prior to recordation of Final Map. 6. If the developer intends to construct the project in phases, then the first submittal for building permits shall be accompanied by an overall phasing plan. This plan shall address off-site improvements to be installed in conjunction with each phase, erosion control to be installed for undeveloped portions of the site, timing of delivery of emergency vehicle access connections, and phasing of project grading. The phasing plan shall be subject to the review and approval of the City Engineer and Chief of Planning. 7. Conditions of this approval may require the developer to install public improvements on land neither the developer, nor the Town, has easement right to allow the improvements to be installed upon. Developer shall be responsible for acquisition on the necessary easements either through private negotiations or by entering into an agreement with the Town and assume all responsibilities for acquisition pursuant to the Town's authority for condemnation. Such acquisitions shall be commenced prior to the developer's 16C submittal of any final map. All costs associated with such acquisition shall be borne by the developer. 8. The developer shall make provisions to address the need for daycare facilities generated by this project by payment of a per unit fee of $335 to be used towards construction of daycare facilities, or other alternatives acceptable to the Town of Danville. 9. The developer of the project shall provide deed notification to all purchasers that an Open Space/Trail System which shall be available for use by all future residents of the Old Blackhawk Road Specific Plan area, will establish in the project. The CC&Rs developed for the project shall also provide notification to future residents of this situation. 10. The developer shall offer a easement to the abutting property owner (Ahmanson PUD 88-11) on the northerly boundary for the purpose of maintenance of a 'V' ditch adjacent to subject property boundary. 11. At the time of approval of the pertinent Final Map, the project developer shall pay to the Town of Danville the Sycamore Valley Fee Benefit District fee (currently $10,500) for each unit developed on the property. If the necessary funding of the Sycamore Valley Fee Benefit District has been acquired, this development as determined by the Mitigated Negative Declaration of Environmental Significance shall contribute to the funding of capital improvements deemed necessary to serve the additional developments anticipated in the vicinity. AS APPROVED BY TOWN COUNCIL ON SEPTEMBER 7, 1989 Kevin J. Gailey, chief of Planning Date ppmm34 17C