HomeMy WebLinkAbout91-03 ORDINANCE NO. 91-03
AN ORDINANCE OF THE TOWN OF DANVII.LE APPROVING PUD 90-06; PRELIMINARY
AND FINAL DEVELOPMENT PLAN - REZONING REQUEST REZONING 5.58 +/-
ACRES FROM P-l; PLANNED UNIT DEVELOPMENT DISTRICT AND
UNCLASSIFIED TO P-I; PLANNED UNIT DEVELOPMENT DISTRICT
WITH A CONCURRENT TENTATIVE SUBDMSION MAP
CBMATING A 26 LOT SINGLE-FAMILY
RESIDENTIAL DEVELOPMENT
THE TOWN COUNCIL OF THE TOWN OF DANVILLE DOES ORDAIN AS FOLLOWS:
SECTION 1. Rezoning.
The 5.58 +/- acres, located north of Fostoria Way adjacent and to the west of the
abandoned Southern Pacific right-of-way, also identified as Assessor's Parcel Numbers 218-
090-011, 012 & 218-283-030, and the 50 foot wide strip extending along the northerly
1,335 +/- feet of the easterly boarder of the project, is hereby Rezoned from P-l; Planned
Unit Development District and Unclassified to P-l; Planned Unit Development District.
Rezoning is based on the approved Preliminary and Final Development Plan and the
Findings and Conditions contained within Attachment A.
SECTION 2. Zoning Map.
The Zoning Map of the Town of Danville is amended as follows:
rRnNClS. O~
SECTION 3. Publication.
The City Clerk shall either a) have this Ordinance published once within 15 days after the
adoption in a newspaper of general circulation or b) have a summary of this Ordinance
PAGE NO. 1 OF ORDINANCE 91-03
published twice in a newspaper of general circulation once five days before it's adoption
and again within 15 days after adoption.
SECTION 4. Effective Date
This Ordinance becomes effective 50 days after it's adoption. The foregoing Ordinance
was first read and introduced at a meeting of the Town Council of the Town of Danville
on February 19, 1991, and was adopted and ordered published at a meeting of the
Danville Town Council held on March 5, 1991, by the following vote:
AYES: Greenberg, Lane, Ritchey, Shimansky
NOES: None
ABSTAINED: None
ABSENT: Schlendorf
EXCUSED: ~~~_4~d..._
MAYOR
AT~ST:
CITY CLERK
APPROVED AS TO FORM:
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PAGE NO. 2 OF ORDINANCE 91-03
ATTACHMENT A
FINDINGS AND CONDITIONS OF APPROVAL
PRELIMINARY AND FINAL DEVELOPMENT PLAN PUD 90-06
AND TENTATIVE SUBDIVISION MAP SD 7623 -- THE TRAILS
FINDINGS
The Town Council of the Town of Danville makes the following Findings in support of
the Preliminary and Final Development Plan and Tentative Subdivision Map requests:
1. The proposed rezoning is in conformance with the General Plan Goals and
Policies.
2. The uses authorized under this rezoning action will be compatible with the uses
existing and proposed in the adjacent zoning districts.
3. Residential use is a demonstrated community need.
4. The Planned Unit Development will constitute a residential environment of
sustained desirability and stability, and will be in harmony with the character of the
surrounding existing neighborhood and the ultimate development planned for the
subject area.
5. The design of the proposed subdivision is in substantial conformance with the
applicable zoning regulations.
6. 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 twenty-six new parcels.
7. The density of the subdivision is physically suitable for the proposed density of
development.
8. 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
ยท previously occurred.
9. 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.
10. Because of the acquisition of a fifty foot strip of additional property, changed
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circumstances from those at the time of the General Plan Amendment exist
allowing for the development of this site.
11. The previously certified EIR prepared for the Fostoria Way Study Area General Plan
Amendment fully discussed potential impacts associated with development of the
site, satisfying the requirements of the California Environmental Quality Act, based
on the following specific findings:
a. The Town Council adopted resolution 20-86 adopting Findings and
Mitigation Measures for the General Plan Amendment, fully addressing
development of the site. These mitigation measures are incorporated herein
by this reference; and
b. Use of the prior "Program EIR" is appropriate based on the following:
(1) that feasible mitigation measures and alternatives developed in the
EIR for the Fostoria Way Study Area General Plan Amendment have
been incorporated;
(2) that subsequent changes in the project, including the General Plan
Amendment associated with this project, do not require important
revisions of the prior EIR;
(3) that there have not been substantial changes with respect to the
circumstances under which the project is undertaken which require
important revisions of the prior EIR; and
(4) no new information of substantial importance to the project has
become available which would require an additional EIR.
CONDITIONS OF APPROVAL
(Note: * Indicates standardized Conditions of Approval)
A. GENERAL
1. This approval is for 5.58 acre Planned Unit Development consisting of a
maximum of 26 single family units and a tot-lot. The site is identified as
Assessor's Parcel Map Number's 218-090-011, 012 & 218-283-030 and
subdivision 7623. Development shall be substantially as shown on the
project drawings as follows, except as may be modified by conditions
contained herein;
a. Tentative Subdivision Parcel Map Subdivision 7623 - The Trails,
prepared by Stedman and Associates, Inc., dated received by the
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Planning Division on November 29, 1990.
b. Conceptual Landscape Plan prepared by Thomas E. Baak &
Associates, dated received by the Planning Division on November 26,
1990. If a license agreement with the County is secured, Conceptual
Landscape Plan prepared by Thomas E. Baak & Associates, dated
received by the Planning Division on February 12, 1991.
c. Architectural Plans labeled "The Trails", prepared by Dahlin Group,
dated received by the Planning Division on November 26, 1990.
* 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. Notice
should be taken specifically of the Town's Transportation Improvement
Program (TIP) fee, Park land In Lieu, Iron Horse Trail fee (in lieu of actual
trail construction), and the drainage acreage fee as established by the Contra
Costa County Flood Control District.
* 3. Prior to the issuance of grading or building permits, the developer shall
submit written documentation that all requirements of the San Ramon Valley
Fire Protection District and the San Ramon Valley Unified School District
have been or will be, met to the satisfaction of these respective agencies.
The Fire District's initial comments on this project are summarized in part
within their letter of October 5, 1990.
* 4. If archeological materiMs are uncovered during any construction or
pre-construction activities on the site, all earthwork within 100 feet of these
materiMs 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 be notified. Site work
in this area shall not occur until the archeologist has had an opportunity to
evaluate the significance of the find and to outline appropriate mitigation
measures, if they are deemed necessary.
* 5. Construction and grading operations, delivery of construction equipment
and grading materials, and warming up of grading equipment, shall be
limited to weekdays (mondays thru fridays) during the hours from 7:30 a.m.
to 5:30 p.m., unless otherwise approved in writing by the City Engineer. If
determined necessary by the City Engineer, the project developer shall
provide security fencing around the entire site during construction of the
project.
Any building construction activity, delivery of building supplies, or use of
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knewmatic tools, shall be limited to weekdays (mondays thru fridays) during
the hours from 7:30 a.m. to 5:30 p.m., unless otherwise approved in writing
by the Chief Building Official.
* 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 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. All physical improvements shall be in place prior to occupancy of any
structure in the project. If occupancy within the project is requested to
occur in phases, all physical improvements shall be required to be in place
prior to occupancy except for items specifically excluded in a Construction-
Phases Occupancy Plan approved by the Planning Department. No structure
shall be occupied until the adjoining area is finished, safe, accessible,
provided with all reasonably expected services and amenities, and
appropriately separated from remaining additional construction activity.
8. Within 10 days after approval of this project, the developer shall submit to
the Town of Danville payment in the amount of $1,300 for fees required by
AB 3158, related to the filing of the Notice of Determination with the County
Clerk.
B. SITE PLANNING
* 1. All lighting shall be installed in such a manner that glare is directed away
from surrounding properties and rights-of-way.
* 2. The location of any pad mounted transformers shall be subject to approval
by the Planning Division prior to the issuance of a building permit.
Generally speaking, such transformers shall not be located between any
street and the front of a building.
3. Lots created by this subdivision shall be developed in a manner substantially
consistent with the lot sizes and dimensions shown on the Tentative Map
referenced in condition 1.a. above, with the following minimums:
a. Frontyard - 18' to back of curb.
b. Secondary frontyard setbacks - 15'
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c. Interior sideyard - 5'. The minimum sideyard building-to-building
separation shall be 10 feet.
d. Sideyard setback to westerly property line - 10 feet.
e. Rearyards - 20 feet. The bay window pop-outs proposed on unit 2
may encroach 30 inches into the rearyard setback.
Deviation from these standards shall be subject to administrative review and
approval by the Chief of Planning.
4. Access and paved connections to the Iron Horse Trail shall be provided
within Parcel B (across from the tot-lot), across from the Camino Ramon
entry as mentioned in Condition G-11 below, between lots 12 and 15, and
between lots 20 and 23.
5. The developer shall reserve an area for a children's play area (tot lot). The
; developer shall defer installation of the play area until 50% of the units have
been constructed and sold. At that time, the developer shall submit
information on the number of units which have been purchased by families
with children. Staff shall direct the applicant to install the play area if a
significant proportion of the residents are determined to be families with
young children. If the play area is not installed, the area shall be developed
as a flat grass area for general active recreation use, and shall remain as
common open space. The tot lot or open space shall include at least two
benches and a water fountain. Improvements within the play area shall be
installed prior to occupancy of the last unit in the subdivision.
6. The developer and Town Staff shall continue to jointly pursue the necessary
approvals from Contra Costa County to secure a license agreement allowing
off-site landscaping on the adjoining section of the County-owned Iron
Horse Trail right-of-way. This landscaping would be installed in lieu of the
planned four foot on-site landscaping strip along the eastern edge of the
main project road, and would extend 18 feet east into the right-of-way. If
a license agreement is secured for the expanded landscape treatment, the
initial Final Map for this project shall indicate design modifications to the
project layout moving the main project roadway to the project's eastern
boundary and transferring the displaced four feet previously proposed for
landscaping to the western side of the main project roadway. If obtained,
the additional four feet shall be added to the projects easterly street-side
sideyard setbacks to create larger streetside setbacks and to allow additional
parking bay cut-outs.
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C. LANDSCAPING
1. Final Landscape and Irrigation Plans (with planting shown at 1"= 20' scale)
shall be submitted for review and approval by the Planning Division prior
to issuance of the Final Map. The plan shall include common names of all
plant materials and shall indicate the size that various plant materials will
achieve within a five year period of time. If a license agreement is secured,
the plan shall include landscaping extending east from the project boundary
18 feet into the County Owned right-of-way, including east of the thinner
southern portion of the site (APN: 218-090-011), adjoining the County
Owned property.
2. The applicant shall diligently pursue the rights to landscape on the adjoining
property to the east at the south entrance from Fostoria Way. If the rights
are secured, the 18 foot landscaped strip shall continue from the north to
Fostoria Way.
* 3. All plant material shall be served by an automatic underground irrigation
system and maintained in a healthy growing condition.
* 4. All trees shall be a minimum of 15 gallon container size and properly
staked. Shrubs not used as ground cover shall be a minimum of 5 gallons
is size.
* 5. All landscaped areas not covered by shrubs and trees shall be planted with
live ground cover.
6. All existing trees on the site shall be preserved to the extent practical.
Removal will be allowed only upon prior written approval from the
Planning Division. Any diseased Walnut trees to be removed along the
westerly property line shall be replaced with minimum 15 gallon specimen
type trees.
7. Additional landscaping shall be provided at the westerly end of the internal
drives serving the units, between the parking spaces and the existing
residential area to the west. The intent is to mitigate the visual impacts of the
parking spaces and to minimize light intrusion from headlights into the
units. Dense evergreen type trees (a minimum of four where there are no
existing trees) and dense low shrubbery shall be utilized.
8. Project fencing shall be provided along the west and north boarders of the
project, between the site and the existing neighborhood. The fence-line shall
be modified as necessary, to the satisfaction of the Planning Division prior
to approval of Final Landscape Plans, to avoid impacting the existing Walnut
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Trees growing along these property lines. The corners of proposed project
fencing shall be clipped at a 45 degree angles (8-12 foot sections) at key
visual points such as at the Camino Ramon Place entrance into the project
(rear of lots 6 & 9) and at the intersection with the main project road (rear
of lots 7 & 8), and the front corners of lots 3 & 4.
9. A small wood-framed wire fence meeting the minimum requirements of the
East Bay Regional Parks District shall be constructed along the easterly edge
of this project. If a license agreement is secured, the fence shall be located
at the easterly edge of the 18 feet of addition landscaping to be provided
within the County owned right-of-way. The applicant shall work with staff
to design an adequate fence plan at the south end of the project to prevent
motorized vehicles from gaining access onto the Iron Horse Trail.
* 10. The developer shall supply street trees within the project at a ratio of two
trees per lot. All trees shall be a minimum of 15 gallon box size and shall
be properly staked. Tree species and proposed locations shall be shown on
the final landscape plan. Trees shall be planted prior to occupancy of any
of the units.
11. The developer shall provide clusterings of street-trees within each lot along
the easterly street sideyards. The trees shall be reflected on the final
landscape plans and shall be installed prior to occupancy of the units.
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 structure(s). The highest point of any roof mounted equipment shall
not extend above the top of the equipment well.
* 2. The street number(s) of the building(s) shall be posted so as to be easily
seen from the street at all times, day and night.
3. Samples of final colors and materials selected shall be approved by the
Town's Design Review Board prior to issuance of building permits.
4. If code requirements allow, the units chimneys shall be reduced in height
to look more in proportion with the units.
5. At the developer's discretion, the approved units may be reduced in size
as follows: Plan 2103 by 12.3 percent to 1,845 s.f.; Plan 2328 by 12.2
percent to 2,045 s.f.: and, Plan 2533 by 11.4 percent to 2,245 s.f., to lower
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the projected sale costs of the units. If the revised elevations are
substantially the same as those approved by the Design Review Board, the
modification may be approved administratively. Significant modification will
be returned to the Design Review Board for approval. If the license
agreement with the County to landscape on the Iron Horse Trail is not
secured, the developer shall reduce the size of the units as described above.
Where possible, reduction in the size of unit footprints, as a result of the
size reductions, shall be applied to project sideyard setbacks to maximize
these setbacks. Nothing in this condition shall preclude the developer from
reducing any or all of the Plans more than described above.
E. PARKING
1. Sufficient areas shall be provided beyond the ends of the parking spaces at
the end of the private drives to accommodate the overhang of automobiles.
2. The parking bays along the west side of the main interior road shall be
increased in size to accommodate two parking spaces.
F. GRADING
* 1. Prior to any site development, a final grading plan shall be submitted for
review and approval by the Town's Engineering Division, and a grading
permit shall be obtained.
* 2. Any grading on adjacent properties will require written approval of those
property owners affected.
* 3. Areas undergoing grading, and all other construction activities shall be
watered, or treated with other dust control measures to prevent dust. These
measures shall be approved by the Chief Building Official and employed at
all times as conditions warrant.
* 4. Development shall be completed in compliance with a detailed soils report
and the construction grading plans prepared for this project. The soils
report shall contain specific recommendations for foundation design of the
building. The engineering recommendations outlined in the project specific
soils report shall be incorporated into the design of this project.
* 5. 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 Town Engineer. It shall be
accompanied by an engineering and geological opinion as to the safety of
the site from settlement and seismic activity.
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G. 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. Street signing shall be installed by the developer as may be required by the
City Engineer. Traffic signs and parking restriction signs shall which may
be required to be installed shall be Subject to review and approval by the
Police Depac~iient.
* 3. The developer shall keep adjoining public streets free and clean of project
dirt, mud, materials and debris during the construction period, as is found
necessary by the City Engineer.
* 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 developer. This shall
include slurry seal, overlay or street reconstruction if deemed warranted by
the City Engineer.
5. All improvements within the public right-of-way, including curb, gutter,
sidewalks, driveways, paving and utilities, shall be constructed in accordance
with approved standards and/or plans and shall comply with the standards
established in Title 9 of the City Code, except that a sidewalk running north-
south along the projects main road will not be required. At the time Project
Improvement Plans are submitted, the developer shall supply to the City
Engineer an up-to-date Title Report for the subject property.
6. This subdivision shall be responsible for the extension of the public street
improvements along the northwest side of the Fostoria Way frontage. The
improvements shall follow the existing alignment and shall include sidewalk,
curb and gutter, street paving and drainage facilities. A transition will be
required northerly to match existing improvements. These improvements
shall be installed from the existing improvements at the southeast corner of
the site, to the connection with the Iron Horse Trail crossing.
7. The improvements required for the Fostoria Way frontage will require
dedication of an appropriate street and utility easement. The minimum
acceptable width is 30' from the centerline. Information shown on the
Tentative Map is not sufficient to indicate whether or not additional
dedication is required, and may not be able to be determined until a final
survey and map is prepared.
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8. The interior streets are to private streets, maintained by a homeowners
association. The improvements indicated and the widths proposed are
acceptable. The internal drives which serve the units shall utilize a roll-curb
design.
9. The extension of Camino Ramon Place shall be improved with a minimum
5' sidewalk through the subdivision and across connecting to the Iron Horse
Trail. The sidewalk and a walk across the road to the County owned right-
of-way shall be dedicated as a public access easement.
10. The Iron Horse Trail, abutting this subdivision, shall be improved with a 10'
wide paved surface (approximately 1,655'). Construction shall be completed
prior to occupancy of any of the units. If construction of the trail is
executed by East Bay Regional Parks out of funds already in place, the
developer shall pay the established Iron Horse Trail fee.
11. Textured paving shall be utilized to create a crosswalk from the end of
Camino Ramon Place to the Iron Horse Trail property.
H. INFRASTRUCTURE
* 1. Water supply service shall be provided by the East Bay Municipal Utility
District in accordance with the requirements of the District.
* 2. Sewer disposal service shall be provided by the Central Contra Costa
Sanitary District in accordance with the requirements of the District, unless
approval is secured to utilize a private sewage disposal system.
* 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 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 City.
* 6. Roof drains shall empty onto paved areas, concrete swales, other approved
dissipating devices, or into a pipe.
* 7. Concentrated drainage flows shall not be permitted to cross sidewalks or
driveways.
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* 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, or be in an easement between lots, the
easement shall be equal to or at lease double the depth of the storm drain.
* 10. The developer shall comply with all relevant requirements of the Contra
Costa County Flood Control 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 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. All utilities required to serve the development shall be installed
underground.
* 13. All public improvement plans shall be prepared by a licensed civil engineer.
* 14. Abandoned septic tanks and wells shall be destroyed per Health Services
Department requirements.
15. The turn-around bulb at the entrance from Camino Ramon Place shall be
increased to be 70 feet in diameter.
16. The entrance to the project private road at Fostoria Way shall be increased
to be a minimum of 30 feet in width.
* 17. The developer shall mitigate the impact of additional stormwater runoff
from this development on the San Ramon Creek watershed by either of the
following methods:
a. Removing I cubic yard of channel excavation material from the
inadequate portion of San Ramon
Creek near Chaney Road for each 50 square feet of new impervious
surface area created by the development. All excavated material shall
be disposed of offsite by the developer at his cost. The site selection,
land rights, and construction staking will be determined by the
Flood Control District.
OR, AT TIlE OPTION OF THE DEVELOPER,
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b. Contribute to the County Deficiency Development Fee Trust (Fund
No. 812100-0800) a drainage fee of $0.10 per square foot of new
impervious surface area created by the development. Within 12
months
of receipt of the contribution, the Flood Control District will use the
monies to implement the subject improvements. The added
impervious surface area created by the development will be based on
the Flood Control District's standard impervious surface area
ordinance.
I. MISCELLANEOUS
* 1. The project shall be constructed as approved. Minor modifications in the
design, but not the use, may be approved by Staff. Any other change will
require Planning Commission approval through the Development Plan
review process.
* 2. Conditions of this approval may require the developer to install public
improvements on land neither the developer, not the Town, has easement
rights to allow the improvements to be installed. The developer shall be
responsible for acquisition of 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 submittal of any Final Map. All costs associated with such
acquisition shall be borne by the developer.
5. Covenants, Conditions and Restrictions (CC&R's), Articles of Incorporation
and By-Laws for a mandatory Homeowner's Association shall be prepared
by the developer for this project prior to the recordation of the Final Parcel
Map. These documents shall be subject to review and approval by the City
Engineer and City Attorney prior to their recordation to assure that all
applicable conditions of approval have been addressed and to assure that
there are adequate provisions for the maintenance of all common owned
or maintained property and landscaping, including but not limited to the tot-
lot/open space area (Parcel B), project fencing, entry landscaping (Parcels
A & C), all private roads and parking stalls (Parcel E), landscape area on
County Owned Iron Horse Trail (subject to license agreement), and Parcel
D.
4. Prior to approval of improvement plans for the site, the developer shall
document that a diligent effort has been made to reach an agreement with
the property owner near the south end of the site (owner of APN: 218-111-
080) to clean-up the debris from this site to the satisfaction of the Planning
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Division. If an agreement is reached, clean-up shall occur concurrently with
grading of the site.
5. All vehicular traffic associated with construction of this site shall access the
site from Fostoria Way. No construction related traffic shall access from
Camino Ramon Place.
APPROVED BY THE DANVILLE TOWN COUNCIL
ON MARCH 5, 1991
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