HomeMy WebLinkAbout93-01 ORDINANCE NO. 93-1
AN ORDINANCE OF THE TOWN OF DANVII,LE APPROVING
PRELIMINARY AND FINAL DEVELOPMENT PLAN - lIEZONING REQUESTS
PUD 90-1 AND CONCURRENT VESTING TENTATIVE MAP REQUEST SD 7455
REZONING 148+/- ACRES FROM A-2; GENERAL AGRICULTURAL DISTRICT TO
P-l; PLANNED UNIT DEVELOPMENT DISTRICT FOR THE 58-UNIT ALAMO SPRINGS
SINGLE FAMILY RESIDENTIAL PUD DEVELOPMENT FOR NEW WEST FEDERAL
SAVINGS AND LOAN / AMERICAN REAL ESTATE GROUP
The Town Council of the Town of Danville DOES ORDAIN AS FOLLOWS:
SECTION 1. Rezoning.
The 148+/- acres located at the northern terminus of La Gonda Way, northeast of
Interstate 680 in the Danville-Alamo area (APN: 197-082-014, -016, -017, -018, -020 AND
197-050-024) is hereby rezoned from A-2; General Agricultural District to P-l; Planned
Unit Development District. Rezoning is based on the approved Preliminary Development
Plan - Rezoning request PUD 90-1 and the Findings and Conditions of Approval for that
request (these Findings and Conditions of Approval also apply to Final Development Plan
request PUD 90-1 and Vesting Tentative Map request SD 7453) - see Attachment A of this
ordinance;
SECTION 2. Zoning Map.
The Zoning Map of the Town of Danville is amended as follows:
A-2
\
· LEGEND
..~ Rezone from A-2 & R-100 to Planned Unit District (P-l)
PAGE 1 OF ORDINANCE NO. 93-1
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
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 30 days after its adoption.
SECTION 5. Codification.
Sections Two, Three, and Four shall be codified in the Danville Municipal Code. Section
One shall not be codified in the Danville Municipal Code.
The foregoing ordinance was introduced at a meeting of the Town Council of the Town
of Danville held January 19, 1993, and was adopted and ordered published at a meeting
of the Council held on February 2, 1993, by the following vote:
AYES: SHIMANSKY, RITCHEY, DOYLE, GREENBERG, LANE
NOES: NONE
ABSTAIN: NONE
NONE
MAYOR
APPROVED AS TO FORM: ATTEST:
g/ CITY ATTORNEY CITY CLERK
alspmg.ord
PAGE 2 OF ORDINANCE NO. 93-1
Attachment A of Ordinance No. 93-1
Findings and Conditions of Approval
Preliminary and Final Development Plan - Rezoning request PUD 90-1
Vesting Tentative Map request SD 7453
TOWN OF DANVILLE FINDINGS OF APPROVAL
The Town Council makes the following Findings in support of their approval Preliminary
and Final Development Plan - Rezoning request PUD 90-1:
1. The proposed rezoning is in conformance with the Danville 2005 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 development is in substantial conformance with the
applicable zoning regulations.
6. The design of the development 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 new development.
7. The density of the development is physically suitable for the proposed density of
development.
8. The design of the proposed development 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.
9. The design of the proposed development 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 1 OF ATTACHMENT A OF ORDINANCE NO. 93-1
The Town Council makes the following Findings in support of their approval Vesting
Tentative Map request SD 7453:
1. The proposed subdivision is in substantial conformance with the Danville 2005
General Plan Goals and Policies.
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 58 new parcels.
4. The density of the subdivision is physically suitable for the subject property and
is compatible with the density of surrounding 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 substantial land modification 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.
CONTRA COSTA COUNTY FINDINGS OF APPROVAL
1. The applicant has indicated that they intend to commence construction within two
and one-half years of the effective date of final project approval.
2. The approved preliminary development plan is consistent with the land use
policies of the County of Contra Costa as reflected in the Alamo Springs General
Plan Amendment. The approved plan will preserve the hillside with high exposure
to Interstate 680 in open space. Residential development will be confined to a
secluded plateau area atop the site so as to maintain the existing silhouette of
Alamo Ridge as viewed from adjoining valley floors.
3. The approved preliminary development plan will result in a residential
environment of sustained desirability and stability, and will be in harmony with the
character of the nearby community. The project provides ample separation from
adjoining residences. The subject site is not in an "established" area of Alamo as
evidenced in part by several development applications being concurrently
processed involving adjoining properties. While permitted lot sizes may be smaller
PAGE 2 OF ATTACHMENT A OF ORDINANCE NO. 93-1
than nearby parcels, these lots will have comparable utility. Most nearby parcels
largely consist of moderately sloping terrain. While these parcels are larger, they
frequently lack flat, usable yard area. The lots resulting from this preliminary
development plan will be largely fiat providing more opportunity for usable yard
area.
4. In accord with the required findings of the Planned Unit (P-l) District, the County
finds that the development of a harmonious, integrated plan like the Alamo Springs
project justifies exceptions from the normal application of the code, including
variations in parcel configuration and design to provide better conformity with
existing natural terrain features.
5. The Board of Supervisors is supportive of efforts by the applicant to establish an
Area-of-Benefit District with the Town of Danville such that the costs of upgrading
La Gonda Way as required by this project approval could be spread among other
development projects in an equitable way.
6. General access to the site shall be limited to the La Gonda Way route. Los
Balcones Drive/High Eagle Road and Valley Oaks Drive access to and from the site
shall be limited to emergency purposes only (e.g., fire vehicles; police; resident
evacuation; short-term alternative access to the project where legally permitted in
the event of blockage of La Gonda Way such as by landslide failure or collapse of
the freeway overpass). In a letter dated August 26, 1991, the San Ramon Valley
Fire Protection District has indicated that the District possesses legal access for
emergency vehicles along Valley Oaks Drive from Stone Valley Road to the project
site. The road has been designed to conform with Fire District standards.
PAGE 3 OF ATTACHMENT A OF ORDINANCE NO. 93-1
CONDITIONS OF APPROVAL
General
1. Development shall be primarily based on the attached Alamo Springs September
24, 1992 Staff Study (Exhibit 1). Secondarily, development shall also be consistent
with the following submitted exhibits, only to the extent they are consistent with
the Staff Study except as modified by the conditions below. The complete listing
of project-related documents is intended to aid in the understanding of the
evolution of the project from the time of initial application submittal. The
documents listed immediately below pertain to the original 101-unit development
proposal at the time of application submittal.
· Bissell & Karn, Inc., Alamo Springs - A Community of Luxury Estate Homes,
January 8, 1990.
· Berlogar Geotechnical Consultants, Geotechnical Investigation, Alamo
Springs, La Gonda Way, Contra Costa County, California, Job No. 1609.100,
April 3, 1990.
· DKS Associates, Alamo Springs Project Consultants Traffic Report, April,
1990.
· Patricia Thompson / No Nonsense Horticultural Services, Alamo Springs
Project Oak Impact Study, June 11, 1991.
· Bissell & Karn, Inc., Partial Plan & Sections - Alamo Springs Parkway,
November 1, 1990.
· Bissell & Karn, Inc., Proposed Improvements: La Gonda Way - Plans and
Sections, September 1992.
As modified by subsequent submittals for a 75-unit project proposal involving the
following exhibits:
· The Preliminary and Final Development Plan for Alamo Springs, dated
8/21/92.
· The Preliminary Grading Plan and Limits of Grading Plan, dated 8/21/92.
· The Preliminary Landscape Plan and Design Development, dated 8/21/92.
· The Vesting Tentative Map for Subdivisions 7452 and 7453, dated 8/92.
PAGE 4 OF ATTACHMENT A OF ORDINANCE NO. 93-1
2. At least 60 days prior to the filing a final map or issuance of grading permits, a
revised site/grading plan and related documents shall be submitted for the review
and approval of the Contra Costa County Zoning Administrator and the Chief of
Planning of the Town of Danville. The submitted plan shall provide for:
A. The November 24, 1992 Vesting Tentative Map plan shall be revised in
general accord with the Staff Study dated September 24, 1992, unless
otherwise specified below. Trail design may be modified by the County
Zoning Administrator and Danville Planning Chief based on comments from
the local recreation agency who may accept the trail or open space
dedication at the time of filing a final map. Note: The project obligation to
establish the on-site portions of the public trails remains in place regardless
of whether a public agency is found to take ownership and / or
maintenance responsibility for the trails.
B. Four copies of a Final Hardscape, Landscape and Irrigation Plan covering
the proposed Alamo Springs Drive entry road plus common area walls,
landscaping, and pedestrian and/or equestrian trails. The proposed plan
shall be prepared by a licensed landscape architect and shall be certified for
compliance with applicable Contra Costa County and Town of Danville
water conservation ordinances. Use of naturally indigenous trees and
shrubs is encouraged. The applicant shall provide a suitable instrument
guaranteeing to Contra Costa County and the Town of Danville the survival
of the approved plantings for a period of at least 36 months following
completion of planting. The plan shall also locate and describe through
cross-sections proposed public trails whose rights-of-way shall be no less
than 20 feet in width. The plan shall incorporate EIR recommendations
regarding the use of more appropriate plant materials, existing and
proposed fencing, gateway treatment, lighting, and other site improvements.
C. Two copies of a Street and Landscape Lighting Plan. Ornamental light
standards are encouraged. Lighting shall be limited to low-profile standards
(e.g., 4-15 feet in height). Lighting of areas other than at important
intersections shall be encouraged to be of a bollard type or integrated into
other site elements such as mail box standards. The plan shall be prepared
by a qualified lighting professional. Lighting shall mark the access road and
residential road sections. Spacing of light standards need not exceed an
interval of one standard for every three houses. Lighting shall be designed
to be sufficiently muted so as not to project significant glare or glow on
adjoining properties including 1-680. The plan (or supplemental narrative)
shall indicate how this objective will be attained.
D. A Grading/Tree Preservation Plan prepared with input from a licensed
arborist.
PAGE 5 OF ATTACHMENT A OF ORDINANCE NO. 93-1
1) The plan shall identify all trees which have a trunk circumference of
20 inches or greater and located within 40 feet of areas proposed for
grading. Reasonable efforts shall be made to minimize the loss of or
damage to existing trees. The plans shall identify the trunk
circumference, approximate canopy area, species, and whether the
tree is to be preserved or removed. The plan shall provide suitable
measures to assure protection of trees during the construction
period.
The survey of trees shall provide for a tally of the number and trunk
circumference of trees to be removed. The aggregate trunk
circumferences of trees proposed for removal shall be totalled.
2) Prior to filing a Final Map or issuance of a grading permit, the
Applicant shall apply to Contra Costa County for heritage tree
designation for trees to be preserved on the property pursuant to
Section 816-4.404 of the Zoning Code. The submittal shall include
a nomination request for tree groves in the approved common open
space area and other significant trees; and shall be accompanied by
the Grading/Tree Preservation Plan and tree replacement program
approved by the Contra Costa County Zoning Administrator. The
nomination proposal shall provide for a suitable marking of
designated heritage trees. The number of trees designated for
heritage status may be increased or diminished from those
nominated by the Applicant.
3) The Grading/Tree Preservation Plan shall provide for a tree
replacement program and plan. The plan shall require one
replacement oak tree, minimum 15 gallons, for every 20 inches of
aggregate trunk circumference of trees removed as determined by
the tree survey tally. Siting of trees shall be distributed throughout
the project based on plans prepared by a licensed landscape
architect. The plan shall be accompanied by an estimate of the cost
of materials and labor to complete the work. The approved plan
shall be installed prior to issuance of building permits. The
Applicant shall be responsible for protecting the trees for a period of
at least 36 months after planting. Ninety days after planting, the
landscape architect shall inspect the plantings and prepare a report
to the Contra Costa County Zoning Administrator and the Chief of
Planning of the Town of Danville on the condition of the new trees.
Any failing trees shall be immediately replaced.
PAGE 6 OF ATTACHMENT A OF ORDINANCE NO. 93-1
4) To avoid unnecessary scarring of hillsides, haul routes for grading
activity shall be generally limited to those areas of the site which are
proposed to be graded. Hauling of material through the approved
scenic easement shall be precluded. The Grading/Tree Preservation
Plan shall provide delineation of the perimeter of areas and trees to
be preserved by use of taping and stakes, or other appropriate
barriers. These barriers shall be installed prior to commencement
of grading activity.
5) To assure protection and/or reasonable replacement of existing trees
to be preserved which are in proximity to subdivision improvements,
the Applicant shall post a bond (or other surety) for the required
work with the Contra Costa County Community Development
Department and the Town of Danville. The term of the bond shall
extend at least 24 months beyond the completion of required
subdivision improvements. Prior to posting the bond, a licensed
arborist shall assess the value of the trees and reasonable
compensatory terms in the event that a tree to be preserved is
destroyed or otherwise damaged by subdivision-related activity. The
tree bonding program shall be subject to the review and approval of
the Contra Costa County Zoning Administrator and the Chief of
Planning of the Town of Danville.
6) Drainage terraces for cut and fill slopes shall be spaced at minimum
30-foot intervals. All slopes shall be contour-rounded.
7) To reduce long-term erosion and sedimentation impacts on
downstream water quality, grading plans shall be designed such that
no surface run-off shall be directed onto cut or fill slopes. All
graded slopes shall have either brow ditches or berms at the crest to
control surface run-off. These drainage structures shall be underlain
by subdrains. Run-off from graded surfaces shall be intercepted by
closed conduits and conveyed to adequate storm drainage facilities.
8) A construction period erosion control plan shall be submitted. For
further details, see Construction Period conditions below.
E. The San Ramon Valley Fire Protection District and East Bay Regional Park
District shall be provided an opportunity to review and comment on the
revised final site, landscape and irrigation plans prior to submittal.
F. Submittal of two copies of a supplemental Geotechnical Report (or letter)
from the applicant's geological engineering consultant (based on a review
of the approved and reduced scale project) identifying any warranted
PAGE 7 OF ATTACHMENT A OF ORDINANCE NO. 93-1
modifications to the project conclusions or recommendations contained in
the 4/3/90 Berlogar Geotechnical Report. See Geotechnical conditions
below for detail on report scope of work.
G. Two copies of a Maintenance Plan and Schedule for all slopes, drainage
terraces and subdrains prepared by a registered civil engineer.
H. Two copies of a plan making adequate provision for funding project road
maintenance and establishing a maintenance cycle/maintenance standard.
I. Three copies of a Fencing Plan Program to address the design of fencing on
private lots and within the open space area to be maintained by the HOA.
The fencing plan shall provide for the following:
1) To the extent feasible, retention of the split-rail fencing along the top
of bank overlooking Highway 1-680.
2) Relocation of sections of the above referenced split-rail fence nearest
the development to provide passive recreation areas as shown on the
Staff Study dated September 24, 1992. Required relocation of fence
sections may be waived by the County Zoning Administrator if the
area is accepted for dedication by a public agency and that agency
requests that the fences not be altered.
3) Restriction on fencing of EVA's and firebreak and trail maintenance
easements; and
4) Design guidelines for residential lot fencing. The approved program
shall be attached to the CC & Rs.
J. Two copies of Residential Design Guidelines including guidelines and
standards for proposed exterior materials and colors. The Guidelines shall
prohibit establishment of irrigation systems within the driplines of existing
oak trees to be preserved. See Building and Architecture Criteria below.
K. In each garage, an electrical outlet shall be installed and dedicated for future
potential use in recharging electrical vehicles. Prior to filing a final map, the
applicant shall demonstrate how this design will be accomplished. Pacific,
Gas, and Electric Company and/or the County Building Inspection
Department shall be provided an opportunity to comment on the proposed
arrangement.
PAGE 8 OF ATTACHMENT A OF ORDINANCE NO. 93-1
Site Development
3. The revised site and grading plans shall provide for balanced grading (i.e., no
import or export of earth fill). The stability of the earth dam at the existing pond
shall also be addressed as part of the revised grading plan and the Geotechnical
Report. The existing pond may be fenced with appropriate open fencing (i.e.,
other than chain link or similar materiM) but shall not be eliminated without the
express approval of Contra Costa County and the Town of Danville. A
maintenance plan for the pond shall be prepared, adopted and implemented by the
Home Owners' Association unless the area of the pond is accepted by a public
agency.
4. The limit of development and grading for residential development shall be as shown on
the attached Staff Study dated September 24, 1992.
5. Grading for the 28-foot wide access road shall be permitted in accordance with the design
drawings dated August 21, 1992, except as modified by any EIR mitigation measures or
tree preservation requirements.
6. The Valley Oak trees shall be featured elements of the landscape design and shall be
protected from the impacts of development to the maximum possible extent.
7. No tree removal from the site shall be permitted until the Tree Preservation Plan called
for in condition #2 D above is submitted and approved by Contra Costa County and the
Town of Danville. The plan shall include measures to adequately protect each affected
tree during construction and post-construction. Consideration for removal of any tree
scheduled for preservation shall be given only on a case-by-case basis and upon further
documentation from a second qualified arborist, acceptable to Contra Costa County and
the Town of Danville, that a tree is a bona-fide safety risk due to an advanced state of
decline or unavoidable effects of grading.
8. Use of a private gated entrance is expressly prohibited. Gated access for Emergency
Vehicle Access roads shall be permitted.
9. The project shall be designed so that no homes, or appurtenant architectural features,
are within 35 vertical feet of the scenic ridgeline designated in the Town of Danville
General Plan.
10. Lots shall be laid out so that no structures, including residential fences, outbuildings,
residences and appurtenant structures are visible from Interstate 680, or Danville
Boulevard.
11. Applicant shall make an irrevocable offer of a 20 foot wide easement to the EBRPD,
Contra Costa County, Town of Danville or other appropriate agency for a equestrian trail
PAGE 9 OF ATTACHMENT A OF ORDINANCE NO. 93-1
on the slope adjacent to Highway 1-680 and for a pedestrian trail connection between the
project and the adjoining property to the northwest (APN 198-020-018, Scatena). The
trail contemplated across the Scatena property is intended to be routed to connect directly
with Stone Valley Road without passing through the Alamo Ranch neighborhood. Prior
to filing a final map, the precise location and design of public trail facilities shall be
determined by the public agency who accepts the trail dedication. Should no public
agency accept the trail dedication at time of filing the final map, then the trail location
shall be determined jointly by the Danville Planning Chief and the County Zoning
Administrator.
12. No sidewalks along street frontages shall be constructed within the project.
13. The retaining walls along the 28-feet wide segment of Alamo Springs Drive shall be a
masonry type. The height of the retaining wall closest to the Parkway shall be a
maximum of four feet. Minimum five-gallon shrubs ranging from two to three feet in
height and/or minimum 15-gallon trees shall be planted at the base of the wall to screen
the mass of the walls. Ground cover or vines may be planted on the grade above the
wall to help further visually soften the appearance of the wall. The height of other up-
slope retaining walls shall be limited to a maximum of nine feet, unless an alternate
method of landscape screening is approved as part of the landscape drawings.
14. If desired by the East Bay Regional Park District, the area between the EBRPD Trail and
the developed portion of the project site shall be planted with native trees (Min. 15-gal.)
and shrubs (min. 5-gal.) to help screen views of the development from the trail.
15. Illuminated house numbers shall be provided throughout the development.
16. All light fixtures and signage shall be subject to final review and approval by the Town
of Danville and Contra Costa County.
17. Driveway widths shall narrow down to the extent possible as the distance from the garage
increases.
18. Ground mounted solar collectors, satellite dishes and the like shall be adequately screened
from adjacent streets and homes. Where these can not be adequately screened from view
due to surrounding topography, they shall not be permitted.
Lot Development Criteria
19. A maximum total of 58 lots shall be permitted with a minimum area of 15,000 square
feet each. The average lot size shall be at least 20,000 net square feet. Reasonable
efforts shall be made to increase the respective areas of the smallest lots shown on the
September 24, 1992 Staff Study.
PAGE 10 OF ATTACHMENT A OF ORDINANCE NO. 93-1
20. Minimum yard standards shall be as follows:
Front: 25 feet from property lines
Side: 10 feet; total 25 feet; side yards adjacent to a street shall be 25 feet
Rear: 25 feet.
21. Except as otherwise specified in these conditions of approval, development and use of
residential lots shall be governed by the restrictions of the respective Single Family
Residential, R-15 zoning districts of the Town of Danville and the County of Contra
Costa.
Annexation/De-annexation
22. Prior to recordation of a Final Map or issuance of a grading permit, the Applicant shall
petition the Town of Danville to seek the approval of the Local Agency Formation
Commission to adjust, as necessary, the existing Town of Danville Boundary so that no
subdivision lots are split between jurisdictions. The adjusted boundary shall be based on
revised site and grading plans mutually approved by the County Zoning Administrator
and Town Chief of Planning.
Building and Architectural Criteria
23. A maximum building height of two stories or 35 feet measured from average grade shall
be permitted. However, any area projecting above the 30 foot building height plane shall
be uninhabitable (e.g., chimneys, architectural ornaments and towers, but no attics), and
shall not exceed 15 % of the building foot print. No major roof lines shall exceed 30 feet
in height measured from average grade.
24. Revised Architectural Design Guidelines shall be submitted to the Town of Danville and
Contra Costa County for review and approval by the Town Chief of Planning and by the
County Zoning Administrator. The guidelines shall specify where various building styles
may be used, eliminate the Mediterranean style with Mission tile roofs, and generally
address other issues raised in the environmental analysis. Guidelines shall encourage
variety and shall require that some garages be oriented parallel to the street with the
plane of their doors perpendicular to or at an angle to the adjacent street. Roof colors
shall be limited to brown or gray hues to better blend with the existing surroundings.
Other possible design measures that should be considered include the following:
limitations on the placement of auxiliary structures; control of roof slopes for accent or
secondary structures; limit the maximum skirt length to six (6) feet; limit the paint
scheme of fences; avoid long, blank facades and stairway projections; prohibit the use
of crushed rock and exotic vegetation as landscape elements; and define design review
PAGE 11 OF ATTACHMENT A OF ORDINANCE NO. 93-1
policies for proposed landscape improvements and irrigation requirements. (Mitigation
Measure 6-7)
25. The Architectural Guidelines shall prohibit the establishment of irrigation systems within
the driplines of existing oak trees to be preserved.
Roads, Drainage and Utilities
26. Developer shall comply with the following requirements pertaining to road, drainage and
utility improvements:
A. In accordance with Section 92-2.006 of the County Ordinance Code, the
subdivision shall conform to the provisions of the County Subdivision Ordinance
(Title 9). Any exceptions therefrom must be specifically listed in this conditions
approval statement. Conformance with the Ordinance includes the following
requirements:
1) County-maintained street lighting is not required.
2) Constructing a paved turnaround at the end of each proposed private road.
3) Undergrounding of all utility distribution facilities within the subdivision.
4) Conveying all storm waters entering or originating within the subject
property without diversion and within an adequate storm drainage facility,
to a natural watercourse having definable bed and banks or to an existing
adequate public storm drainage facility which conveys the storm waters to
a natural watercourse.
5) Designing and constructing storm drainage facilities required by the
Ordinance in compliance with specifications outlined in Division 914 of
the Ordinance and in compliance with design standards of the County
Public Works Department. The Ordinance prohibits the discharging of
concentrated storm waters into roadside ditches.
6) Submitting improvement plans prepared by a registered civil engineer,
payment of review and inspection fees, and security for all improvements
required by the Ordinance Code or the conditions of approval for this
subdivision. These plans shall include any necessary traffic signage and
striping plans for review by the County Public Works Department, Road
Engineering Division.
7) Submitting a Final Map prepared by a registered civil engineer or licensed
land surveyor.
PAGE 12 OF ATTACHMENT A OF ORDINANCE NO. 93-1
B. This project shall comply with the provisions of the Alamo Springs Draft
Environmental Impact Report. Conformance with the EIR includes the following
mitigation requirements:
1) Contribute $250.00 per dwelling unit (for lots both within Danville and
within the unincorporated area) to the Town of Danville toward the
installation of a traffic signal at the La Gonda Way/E1 Cerro Boulevard
intersection (Mitigation Measure 4-2a).
2) Make a "fair share" contribution to the following improvements or funds:
a) Construct a ldft turn lane from westbound Stone Valley Road to
southbound Danville Boulevard as currently planned by the Contra
Costa County Public Works Department (Mitigation Measure 4-
2b).
b) County Road Improvement Fee Trust (Fund No. 819200-0800)
toward the installation of traffic signals on Stone Valley Road at
the northbound and southbound ramps to 1-680 (Mitigation
Measure 4-2d).
These improvements may be eligible for partial credit or reimbursement
against the Alamo Area of Benefit fee. The developer shall contact the
County Public Works Department, Road Engineering Division, to
determine the extent of any credit or reimbursement for which the
Applicant might be eligible. Prior to constructing any public
improvements, or f'ding of the Final Map, the Applicant shall execute a
credit/reimbursement agreement with the County. No credit or
reimbursement will be made for any improvements installed prior to
execution of the credit/reimbursement agreement.
3) Contribute $500.00 per dwelling unit (for lots both within Danville and
within the unincorporated area) to the Town of Danville toward the
construction of a separate right turn lane for the eastbound approach on
E1 Cerro Boulevard to the 1-680 Southbound ramps (West E1 Pintado
Road/El Cerro Boulevard). (Mitigation Measure 4-2c).
4) Widen that portion of La Gonda Way which lies to the north of E1 Portal
Road to a 30-foot paved width, with a four-foot sidewalk along the west
side of the road, improving the road to the Town of Danville's public road
standards, subject to the review and approval of the Town of Danville.
Construct a paved turnaround at the La Gonda Way terminus in
accordance with Town of Danville public road standards (Mitigation
Measure 4-3).
PAGE 13 OF ATTACHMENT A OF ORDINANCE NO. 93-1
Should the applicant wish to defray the expense of making required
improvements to La Gonda Way, he may propose to the Town of Danville
and County the establishment of an Area of Benefit District, in accordance
with Section 14-1 of the Danville Town Municipal Code. Planned or
proposed projects other than Alamo Springs which could be considered
within such a district might include the later phases of Hap McGee Ranch
park and the proposed Thiessen project (County File #2934-RZ and SUB
7635).
C. Dedicate right of way to the State of California if necessary for the ultimate 1-680
improvements as planned by CalTrans.
D. Construct the on-site roadway system to County private road standards. The on-
site roads shall be constructed to a minimum width of 28 feet within a 42 foot
access easement.
E. Construct a four-foot pedestrian path along the west side of Alamo Springs Drive
from the residential section of the subdivision to McGee Ranch Park. The
Applicant may locate the path along the westerly side of the stream. Prior to
filing a final map or issuance of grading permits, a trail improvement plan shall
be submitted. The location and design of any public trail sections shall be in
accord with the plans approved by the public agency who agrees to accept the
dedication.
F. Install any necessary safety related improvements on Alamo Springs Drive,
subject to the review and approval of the County Public Works Department and
the Town of Danville.
G. Provide for two emergency access routes: one to the north connecting to High
Eagle Road, and one to the east connecting both Valley Oaks and E1 Alamo. The
emergency access route to the east shall meet San Ramon Valley Fire Protection
District standards for a fire apparatus roadway, including standards for grade,
access road surfacing, and road width. The access route to the north shall be
subject to the review and approval of the San Ramon Valley Fire Protection
District.
H. Furnish proof to the County Public Works Department, Engineering Services
Division, that legal access to the property is available from La Gonda Way, High
Eagle Road (EVA) and Valley Oaks Drive (EVA).
I. Obtain an encroachment permit from the Town of Danville for all work to be
performed within Town right of way, and pay all applicable processing fees.
J. An encroachment permit for any construction within the State right of way shall
PAGE 14 OF ATTACHMENT A OF ORDINANCE NO. 93-1
be obtained from Caltrans through the Public Works Department, Engineering
Services Division.
K. Prevent storm drainage, originating on the property and conveyed in a
concentrated manner, from draining across the sidewalks and driveways.
L. Mitigate the impact of the additional storm water run-off from this development
on San Ramon Creek by:
1. Removing 1 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 off-site by the developer at his
cost. The site selection, land rights, and construction staking will be by
the Flood Control District. Or...
2. Upon written request, the Applicant may make a cash payment in lieu of
actual excavation and removal of material from San Ramon Creek. The
cash payment will be calculated at the rate of $0.10 per square foot of
new impervious surface area created by the development. The added
impervious surface area created by the development will be based on the
Flood Control District's standard impervious surface area ordinance. The
Flood Control District will use these funds to work on San Ramon Creek
annually.
M. Submit sketch plans to the Town of Danville and County Public Works
Department prior to starting work on the improvement plans. The sketch
alignment plans shall be to scale and show proposed and future curb lines, lane
striping details and lighting. The sketch alignment plans shall also
include sufficient information to show that adequate sight distance has been
provided. This requirement may be waived by the Town of Danville.
N. Furnish proof to the County Public Works Department, Engineering Services
Division, 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. For those required improvements which lie within the
Town of Danville, furnish proof to the Town 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. This may be
furnished in conjunction with the application for an encroachment permit with the
Town.
O. Provide for adequate stopping sight distance at all internal intersections based on
PAGE 15 OF ATTACHMENT A OF ORDINANCE NO. 93-1
a design speed of 25 miles per hour in accordance with Caltrans standards.
P. Submit an acoustical analysis prepared by a qualified expert and based on the
ultimate widening of 1-680 and ultimate development of the area, and mitigate
impacts subject to the review and approval of the County Zoning Administrator
and Danville Planning Chief.
Q. Assure permanent reliable access along Alamo Springs Drive. This may require
the repair of any on-site landslides that may impact the access road. The
subdivision improvement plans shall be signed and stamped by a licensed
geotechnical engineer. Because of the close proximity of La Gonda Way to the
creek and the erosive nature of the creek, the improvement plans for the La
Gonda Way improvements shall be signed and stamped by a licensed geotechnical
engineer, subject to the review and approval of the Town of Danville.
R. The required off-site road improvements to La Gonda Way will significantly alter
the existing rural character of the road. Special design efforts shall be pursued
and implemented to the extent feasible, to retain or re-create as much of the rural
character of this roadway as possible.
Prior to the preparation and submittal of detailed improvement plans for the
widening of La Gonda Way, the developer shall prepare preliminary grading,
drainage and landscaping plans reflecting all necessary work outside the existing
right-of-way for La Gonda Way that would be necessary to retain and re-create
as much of the rural character of this road as possible. These plans shall be
submitted for review and approval by the Danville Design Review Board (DRB).
Upon DRB approval, the plans shall be the basis for formal negotiation involving
the developer, the Town Planning Division staff and affected property owners in
which the developer and Town Planning Department staff shall diligently pursue
the necessary authorizations to install the proposed improvements outside the La
Gonda Way right-of-way. Detailed road improvement plans and working
landscape and irrigation plans shall be prepared based on the individual
authorizations secured from the affected property owners.
The following measures shall be pursued by the applicant to reduce the impacts
of the required roadway improvements on individual property owners (includes
both work within and outside the existing La Gonda Way right-of-way).
1) All opportunities to shift the location of the roadway to ensure adequate
areas for re-landscaping shall be explored by the developer.
2) Fences, corrals, mailboxes and other elements currently located within the
right-of-way shall be relocated and replaced as a part of the required La
Gonda Way improvements for this project.
PAGE 16 OF ATTACHMENT A OF ORDINANCE NO. 93-1
3) Roadway and driveway connections shall be constructed so that run-off
from the increased impervious surface of the improved roadway will not
flow down into adjacent properties.
4) Driveway transitions shall be constructed to avoid steep driveways. Areas
on private property which would be disrupted by driveway connections or
retaining wall construction shall be re-landscaped.
5) Trees greater than 8 inches in diameter or 20 inches in circumference and
shrubs which would be removed to permit the proposed improvements
shall be replaced. Replacement tr~s shall be a minimum 15-gallon size
and shall replace trees removed at the 3:1 ratio. Planting shall be in
informal massing compatible with the rural setting. Shrubs shall be used
to achieve desired softening of retaining walls and screening of residences
along the roadway. All plant materials shall be drought-tolerant and
native, where possible. The type of irrigation equipment, plant materials
and planting standards shall be subject to review and approval by the
Town of Danville Maintenance Department. Landscape design should be
subject to the approval of the Danville Design Review Board.
6) Due to limited right-of-way, opportunities to re-landscape within the right-
of-way will be limited along many sections of La Gonda Way.
Opportunities to revegetate private property along the roadway shall be
explored.
7) Where retaining walls occur on the downslope side of the roadway, a
safety rail or fence at the top to the retaining wall to prevent pedestrians
from falling off the sidewalk shall be constructed.
8) Where possible, retaining walls shall be eliminated by acquiring
permission to grade and revegetate slopes on private property. This
option shall be explored for both downslope and upslope walls.
9) Retaining walls higher than 3 feet, 6 inches shall be avoided, where
possible, by stepping two retaining walls.
10) Retaining walls shall be designed to blend with a rural environment
through the selection of appropriate materials and colors. Railing or
fencing, where necessary, shall also be rural in character, possibly a split
rail or painted rail fence. Retaining wall and railing design appearance
should be subject to design review by the Danville Design Review Board.
11) Final arbitration of necessary frontage improvements shall be determined
by the Danville Chief of Planning and the County Zoning Administrator.
PAGE 17 OF ATTACHMENT A OF ORDINANCE NO. 93-1
Geotechnical Factors and Hazards
27. The geotechnical recommendations contained within the report entitled Geotechnical
Investigation, Alamo Springs, La Gonda Way, Contra Costa County, California prepared
by Berlogar Geotechnical Consultants and Dated April 3, 1990 shall be followed. Should
a subsequent geotechnical study for the project prepared by Berlogar or other
Geotechnical Engineer acceptable to the County Zoning Administrator and Town Chief
of Planning conclude that these recommendations merit modification, they shall be
modified subject to the concurrence of the County Zoning Administrator and Town Chief
of Planning.
At least 60 days prior to filing a Final Map or issuance of a grading permit, Developer
shall submit a supplemental Geotechnical Report (or letter) from the consulting
geotechnical engineer for the review and approval of the Contra Costa County Zoning
Administrator and the Town of Danville Chief of Planning.
The project shall comply with the following requirements:
A. All site preparation and grading shall be performed in accordance with the
recommendations contained in the geotechnical investigation report prepared by
Berlogar Geotechnical Consultants, dated April 3, 1990. A document shall be
recorded to acknowledge and identify the report being used for this project.
B. Prior to issuance of a grading permit, rough grading plans and specifications shall
be reviewed by the project geotechnical engineer for conformance with the intent
of the recommendations contained in the geotechnical investigation report. The
rough grading plans shall be signed and dated by the project geotechnical
engineer. Changes thereafter shall be reviewed and initialed by the project
engineer.
C. The report shall investigate the possibility of a landslide area located on the east
side of La Gonda Way to evaluate the risk of landsliding and its impact on the
proposed roadway improvements as well as on the stability of the proposed
downslope retaining wall prior to final design stage. The subsurface data shall
be used to design the road improvements and the retaining wall. (Mitigation
Measure 4-3B-1)
28. Prior to issuance of building permits on parcels of this subdivision, Developer shall
submit as-graded reports prepared by the engineering geologist and the geotechnical
engineer to the Contra Costa County and the Town of Danville with an as-graded map
showing final plan and grades. The map shall identify all encountered faults, aquifers,
and stratigraphic (bedrock) units; zones of highly jointed and/or deeply weathered rock;
orientation of bedding and/or other discontinuities, and the location of any seepage, fill
PAGE 18 OF ATTACHMENT A OF ORDINANCE NO. 93-1
keyways, and subdrainage material with cleanouts, outlets, and pickup points; buttress
fills with keyway location, any retaining walls installed, subdrains and their connections,
and other soil improvements installed during grading, all as surveyed and mapped by a
licensed land surveyor or civil engineer.
29. A grading bond is required for the work necessary to carry out the grading plan.
Developer shall provide sufficient information to estimate the cost of required soil
improvements, or a contractor's estimate.
30. A statement to run with deeds to parcels of the property shall be recorded acknowledging
all geotechnical reports by titles, author (f'mn), and dates, calling
attention to recommendations, and noting that the report is available to prospective
buyers from the owner.
31. All site preparation and grading shall be performed under the observation of a qualified
geotechnical engineer or his representative. Upon completion of the grading operation,
the geotechnical engineer shall submit a final report to the public agency who issued the
grading permit stating that the earth construction
work was done in substantial conformance with approved plans, specifications and the
recommendations contained in the geotechnical investigation report.
Berlogar Geotechnical Consultants shall continue to provide services as the project
geotechnical engineer and engineering geologist, or other geotechnical consultant
mutually acceptable to the County Zoning Administrator, Town Chief of Planning and
the applicant. Further, the geotechnical engineer shall be required to f'de reports with
the County and Town during the grading operation pursuant to a schedule to be
determined by the County and Town.
32. If it is found during construction that subsurface conditions differ from those described
in the geotechnical investigation report or where such conditions warrant changes to the
recommendations contained in the report, the geotechnical engineer shall review the
changes and prepare an addendum including conclusions and recommendations for
modification. This addendum shall be submitted to the public agency who issued the
grading permit for review and approval. Once approved, the addendum shall take
precedence over the original report regarding the changes or concerned areas.
33. Where landslides are upslope of the proposed access road (Alamo Springs Drive),
catchment areas or crib walls shall be provided at the toe of these landslides. The final
design of these walls and catchment areas, as well as their landscaping shall be subject
to approval of the Town of Danville Design Review Board.
PAGE 19 OF ATTACHMENT A OF ORDINANCE NO. 93-1
34. At time of issuance of the grading permit, a report (or letter) from the consulting
geotechnical finn shall be submitted to the Town and/or County for the purpose of
updating the recommendations of the geotechnical report to reflect grading code standards
in effect at that time.
35. Proposed contours shall meet existing grades in a gradual manner, generally following
the existing topography. All regrading shall receive native hydroseeding.
36. If toxic or contaminated soil is encountered during any excavation during the La Gonda
Way improvements, all construction activity in that area shall cease until the appropriate
action is determined and implemented. The concentrations and extent of the
contamination shall be determined. Runoff from any contaminated soil shall not be
allowed to enter San Ramon Creek. Suitable disposal and/or treatment of any
contaminated soil shall meet all federal state and local regulations.
Water Supply/Quality
37. Prior to the recordation of a Final Map, the project developer, in cooperation with
EBMUD shall diligently attempt to establish a tie-in to the existing water main near E1
Alamo Road and upgrade existing water mains as required to provide a minimum 1500
gallons per minute fire flow in accord with the standards of San Ramon Valley Fire
Protection District. Failure to provide for this level of water volume will require that
new residences shall provide automatic sprinkler systems as may be specified by the San
Ramon Valley Fire Protection District.
38. Proposed landscaping and irrigation systems shall comply with the Landscape Water
Conservation Ordinances of Contra Costa County and the Town of Danville. The final
landscape plan shall be subject to prior review and approval by Contra Costa County and
the Town of Danville. Prior to submittal of landscape plans to the County and Danville,
the East Bay Municipal Utility District shah be provided an opportunity to comment on
the plans.
39. The developer shall install low flow plumbing fixtures in all homes to reduce water
usage.
40. Prior to filing a final map, the applicant shall provide documentation for the review and
approval of the County Zoning Administrator of the feasibility of supplying reclaimed
water to the project site for use as landscape irrigation. The investigation shah include
a study of the feasibility of providing a separate on-site distribution pipeline which could
become activated should a reclaimed water supply become available to the site at some
time in the future. The Central Sanitary District, San Francisco Bay Regional Water
Quality Control Board, and East Bay Municipal Utility District shall be provided an
opportunity to comment on the documentation. If deemed reasonable by the County
Zoning Administrator, the Zoning Administrator may require the provision of a water
supply connection and/or distribution to serve the residences of this project.
PAGE 20 OF ATTACHMENT A OF ORDINANCE NO. 93-1
Fire Protection
41. Prior to the issuance of any building permits, the EVA's as required by condition 26.G.
shall be completed as required by San Ramon Valley Fire Protection District.
42. The final map shall designate and establish access ways for emergency and maintenance
use to all open space areas via dedicated easements or separate lettered lots, located a
minimum of every 500 linear feet.
43. A separate landscape plan for the project site shall be submitted to the San Ramon Valley
Fire Protection District for approval prior to the issuance of grading and building
permits. This plan shall show adequate vegetation fuel modification and/or buffer zones
featuring fire resistive and drought tolerant plantings at interfaces with wildland/open
space areas. The plans shall provide for an irrigated ("wet") landscape buffer in the
open space area along the major ridge running parallel to Interstate 680 immediately
behind proposed residences. The primary purpose of the ridgeline shall be to serve as
a fire break to protect the proposed residences.
The Fire District shall be asked to specifically comment on the adequacy of the proposed
ridgeline fire break. The requirement to install the irrigated landscape buffer may be
waived if the Fire District, the County and the Town all agree that it is not necessary to
provide for reasonable fire protection.
44. The maintenance, in perpetuity, for the zones and emergency/maintenance access ways
shall be assigned to a homeowner's association or other approved agent. These
responsibilities shall be disclosed to property owners by way of deed restrictions and/or
CC&R's.
45. All roofing materials used at the project site shall be Class A or Class B fire retardant.
46. Non-combustible yard fencing shall be utilized in all areas of the project site adjoining
open space.
47. Approved spark arrestors shall be required on all chimneys for fireplaces and heating
appliances in which solid or liquid fuel is used.
48. An annual weed abatement/fuel management program conducted by the San Ramon
Valley Fire Protection District shall enforce current District standards via a homeowners
association or other approved agent at the project site.
49. Fire breaks shall be established on the edges of the open space at the project site,
extending down the hillside between the ridgecrest and Highway 1-680.
PAGE 21 OF ATTACHMENT A OF ORDINANCE NO. 93-1
Police Protection
50. The owner of the property shall participate in the provision of funding to maintain and
augment police services by voting to approve a special tax for the lots created by this
subdivision approval which will remain in the unincorporated area of Contra Costa
County. The tax shall be the per lot annual amount (with appropriate future CPI
adjustment) then established at the time of the special tax election by the Board of
Supervisors and / or the Danville Town Council pursuant to a joint exercise of powers
agreement [JPA] between the County and the Town established for this project to address
the provision of police services. The special tax shall, at a m'mimum, cover the actual
costs incurred by the Town of Danville (calculated on a per resident basis) to provide
police services at a municipal service level to the lots created by this subdivision approval
which will remain in the unincorporated area of Contra Costa County. Funds collected
for this purpose shall be forwarded to the Town of Danville. The election to provide for
the tax shall be completed prior to the issuance of grading permits or the filing of the
final map, whichever occurs first. The property owner shall be responsible for paying
the cost of holding the election, payable at the time the election is requested by the
owner. (Also, see advisory Note "H." at the end of this document.)
Required Fees/Related Improvements
51. At least 60 days prior to filing a Final Map, the Developer shall Submit a demand study
for child care facilities generated from the future project residents. The report shah
propose an appropriate response program for the proposed lots lying on unincorporated
property in accord with County Ordinance 88-1 as amended, the Child Care Ordinance.
The report shall also identify the applicant's obligation to satisfy the Danville child care
requirements for lots proposed wholly within the Town.
Parks and Recreation
52. A minimum 20-foot wide public trail easement shall be dedicated as shown on the Staff
Study Plan dated September 24, 1992 to EBRPD, Contra Costa County, the Town of
Danville or other appropriate public entity. Access to the open space areas shall be
provided for project residents at all street cul-de-sacs. Recognizing that dedication of
open spaces areas may not be accepted by a public entity, the Developer shall dedicate
a scenic easement for the area approved by the Contra Costa County Zoning
Administrator and the Chief of Planning of the Town of Danville. The easement
instrument shall provide that no grading, other development activity, or removal of tree
may occur in that area without the written approval of the Contra Costa County Zoning
Administrator and the Chief of Planning of the Town of Danville.
PAGE 22 OF ATTACHMENT A OF ORDINANCE NO. 93-1
53. Developer shall pay park dedication fees in the amount of $2,880 per lot. The fee for
lots in the Town of Danville shall be paid to the Town. For those in Contra Costa
County, the fee shall be paid to the County.
Maintenance and Use of Open Space
54. Except for dedicated trail facilities, private open space areas shall be owned and
maintained by a project Home Owners' Association including fire prevention.
Adequate access points shall be provided for maintenance vehicles to on-site open space
areas as well as the adjoining EBRPD and State lands.
55. Prior to the filing of a Final Map, the Developer shall propose a Geologic Hazards
Abatement District (GHAD) for the subject property for enactment by both the Contra
Costa County Board of Supervisors and the Danville Town Council.
56. Areas designated on the Preliminary Landscape Plan as "Open Space" and on the Staff
study dated September 24, 1992 as "Passive Recreation Area" shall be maintained in as
natural a state as practical, given the requirements of access, maintenance and fire
prevention. The introduction of non-native vegetation in these areas is expressly
discouraged. Improvements shall be limited to emergency and maintenance vehicle
access ways, pedestrian/equestrian trails and appropriately designed fencing.
Improvements for recreational uses shall be designed to adequately mitigate
environmental impacts.
Road Maintenance
57. The Homeowners' Association shall be responsible for maintenance of all on-site roads,
emergency vehicle access ways, private trails and pedestrian ways. These and other
maintenance responsibilities shall be spelled out in the CC&Rs which shall be submitted
to the Town of Danville and Contra Costa County for review and approval prior to
recordation of the Final Map.
58. The Developer shall work with Contra Costa County and the Town of Danville to
establish a Lighting and Landscape District to maintain the cover the costs of street
sweeping, EVA maintenance and trail maintenance for the project.
Air Quality
59. The project shall include pedestrian paths and sufficient road widths to allow for bicycles
where feasible to encourage transportation modes that do not contribute to air pollution.
PAGE 23 OF ATTACHMENT A OF ORDINANCE NO. 93-1
Archaeolol, y
60. In the event that any artifacts or human remains are discovered or cultural soils
encountered during construction of on or off-site improvements, all work shah be halted
in the immediate area of the discovery until a qualified archaeologist has the opportunity
to assess the fmd and to make any necessary plans for the further evaluation and/or
systematic removal of endangered material as from the areas which may be impacted by
further work.
Covenants, Conditions and Restrictions
61. A copy of the project's Covenants, Conditions and Restrictions shall be submitted to the
Contra Costa County Community Development Department and the Town of Danville.
The document shall provide for maintenance of common open space, roads, and fire
break projections. The document shall reference the approved residential design
guidelines, measures to assure protection of oak trees to be preserved and slope and
drainage improvement maintenance plan, and fencing plan program.
The CC & Rs shall make an adequate provision for funding road maintenance and
establishing a maintenance cycle standard.
Construction Period Requirements
62. A watering program which incorporates the use of a dust suppressant, and which
complies with the Bay Area Air Quality Management District's Regulation 2, shah be
established and implemented for all on and off-site construction activities. Fxtuipment
and manpower for watering all exposed or disturbed soil surfaces shah
be supplied on weekends and holidays as well as work days. Dust-producing activities
shall be discontinued during high wind periods.
63. Stockpiles of debris, soil, sand or other materials that can be blown by the wind shall be
covered.
64. All mud or dirt carried off the construction site onto adjacent streets shall be swept or
water flushed each day.
65. Noise generating construction activity (including playing of loud radios or music) shall
be limited to the hours of 7:30 AM to 5:00 PM., Monday through Friday, and shah be
prohibited on State and Federal holidays. The restrictions on allowed working days may
be modified on prior written approval of the Contra Costa County Zoning Administrator
and the Chief of Planning of the Town of Danville.
PAGE 24 OF ATTACHMENT A OF ORDINANCE NO. 93-1
66. The project sponsor shall require their contractors and subcontractors to fit all internal
combustion engines with mufflers which are in good condition, and to locate stationary
noise-generating equipment as far away from existing residences as possible.
67. 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 and to the
Homeowner Associations of nearby residential projects; and to the owners of property
fronting on La Gonda Way between E1 Pintado and the project entrance 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
shah be included. The list shall be kept current at all times and shall consist of peisons
with authority to initiate corr~tive action in their area of responsibility. The names of
individuals responsible for noise and litter control, tree protection, construction traffic
and vehicles, erosion control, and 24-hour emergency number, shall be expressly
identified in the notice. The notice shall be re-issued with each phase of major grading
and construction activity.
Copies of the notice shall be concurrently transmitted to the Contra Costa County
Community Development Department and the Chief of Planning of the Town of Danville.
The notice shall be accompanied by a list of the names and addresses of the parties
noticed, and a map identifying the area noticed.
68. The project shall comply with the dust control requirements of the grading ordinances
of Contra Costa County and the Town of Danville including provisions pertaining to
water conservation.
69. An Erosion Control Plan shall be prepared to include the following measures:
A. All grading excavation and filling shall be conducted during the dry season (May
1st through October lst) only, and all areas of exposed soils shall be replanted to
minimize erosion and subsequent sedimentation. After October 1st, only erosion
control work shall be allowed by the grading permit.
B. A Revegetation Plan for all disturbed slope areas lying outside of private lots
shall be submitted as part of the erosion control plan.
C. Hydroseeding and hydromulching are not considered adequate on 2:1 slopes that
are more than 15 feet in height.
D. The erosion control plan shall show the location of proposed temporary detention
basins, silt fences and straw bales, along with revegetation of all graded areas.
It shall also contain provisions for:
a) performing maintenance during the winter rainy season, as necessary.
PAGE 25 OF ATTACHMENT A OF ORDINANCE NO. 93-1
b) regular inspections by the project engineer during the winter rainy season.
c) spot inspections during/immediately following severe storms.
70. Project-related construction traffic access to the site shall be limited to the 1-680, E1
Pintado, La Gonda Way route. Other construction traffic access to the site may be
allowed with prior approval of the County Zoning Administrator and Town Chief of
Planning. Existing access points from Los Balcones Drive and Valley Oaks Drive shall
be barricaded for the period of construction activity. Prior to completion of construction
activity, construction barriers shall be replaced by emergency vehicle access barriers.
71. The applicant shall provide for the separation of recyclable construction material, such
as wood waste and inert solids, at the construction site. Provisions for the separation
of recyclables shall be consistent with the County Source Reduction and Recycling
Element. Any questions on satisfying this requirement shall be directed to the County
Recycling Specialist at (510) 646-4198.
Street Names
72. At least 30 days prior to filing a final map, proposed street names shall be submitted for
review and approval of the County and Town. Alternate street names shall be submitted
to the County Community Development Department ~ Graphics Section (646-2029) and
Town of Danville. The Final Map cannot be certified by the Community Development
Department without the approved street names and assignment of street addresses.
Review of Desil, n Detail
73. At least 60 days prior to issuance of a grading permit or filing a final map, the applicant
shall submit the following documents for the review and mutual approval of the County
Zoning Administrator and Town of Danville Chief of Planning.
site and grading plans.
open space, trail improvement and dedication plans.
revised architectural design guidelines.
- street and landscape lighting plan.
- off-site La Gonda Way road improvement plans.
- landscape/irrigation plans.
PAGE 26 OF ATTACHMENT A OF ORDINANCE NO. 93-1
emergency vehicle access plans.
erosion control plan.
proposed street names.
other documents requiring County/Town review prior to issuance of grading
permits or f'fling a final map.
Any changes required by the two jurisdictions shall be integrated into revised exhibits
and re-submitted to the responsible entities, unless other provision is agreed to.
Phasing of Development
74. Following approval of revised site plans pursuant to Condition # 73 above and
consummation of any required annexation, a final map may be recorded. Final maps
may be recorded in two phases in accord with jurisdictional boundaries. Prior to
recordation of an initial final map, approval and recordation of a lot line adjustment may
be necessary. At least 60 days prior to recording a final map, proposed project
improvement plans (roads, drainage, street lights, utilities, etc.) shall be submitted to the
jurisdiction which is not processing the final map for opportunity to comment.
County Indemnification
75. Pursuant to Government Code section 66474.9, the applicant (including the subdivider
or any agent thereof) shall defend, indemnify, and hold harmless the Town of Danville
and the Contra Costa County Planning Agencies and their agents, officers, and
employees from any claim, action, or proceeding against the Agencies (the Town and the
County) or its agents, officers, or employees to attack, set aside, void, or annul, the
Agency's approval concerning this subdivision map application, which action is brought
within the time period provided for in Section 66499.37. The Town and / or County will
promptly notify the subdivider of any such claim, action, or proceeding and cooperate
fully in the defense.
Other Requirements
76. The following condition of approval is incorporated into the approval of this project at
the request of the applicant. The condition follows from negotiations between the
applicant and East Bay Regional Park District (EBRPD) which are allowing the applicant
to secure and easement for water infrastructure improvements for the benefit of the
Alamo Springs project.
PAGE 27 OF ATTACHMENT A OF ORDINANCE NO. 93-1
A. Prior to or concurrently with the recordation of the final map, the developer shall
grant a permanent non-exclusive 20-foot wide easement to EBRPD from La
Gonda Way over portions of Alamo Springs Drive and "A" Street and over the
emergency access roadway from "A" Street to the easterly subdivision boundary
near the northeasterly comer of Lot 50 (on the Stafff Study of September 24,
1992) and along the easterly subdivision boundary from the emergency access
roadway, approximately 83 feet, to the southeasterly comer of the open space
parcel east of Lot 50.
This easement shall be for purposes of ingress and egress of personnel and
equipment, including mechanized equipment, for emergency access to, and for
trail maintenance purposes on the appurtenant real property of EBRPD known as
the Stone Valley segment of the Las Trampas to Mt. Diablo Regional Trail.
Concurrently with the granting of this easement, EBRPD shall quitclaim to the
developer the existing access easement, EBRPD shall quitclaim to the developer
the existing access easement (10626 O.R. 571) which is replaced by this new
easement.
B. The developer shall install a horse trough near the existing drinking fountain near
E1 Alamo Road. In lieu of actual construction, the developer can reimburse
EBRPD for the cost of installing the horse trough.
C. The developer shall relocate existing fence along the boundary of the EBRPD
property and open space parcel east of Lot 50 to coincide with the actual property
line.
D. The developer shall provide an equestrian gate per EBRPD standards at the
proposed trail connection east of Lot 50.
Energy Conservation Program
77. At least 30 days prior to filing a final map, the applicant shall submit the following for
the review and approval of the Zoning Administrator:
A. provide for future passive or natural heating or cooling opportunities within the
subdivision and the design of the residences and swimming pools to the extent
feasible.
B. evidence that he has reviewed the desirability of participating in the PG & E
energy conservation "Incentives for Builders" program. Should he choose not to
participate, the applicant shall indicate in writing the masons why he is electing
not to participate in the program.
PAGE 28 OF ATTACHMENT A OF ORDINANCE NO. 93-1
78. Construction plans shall indicate that each garage is equipped with a suitable electrical
outlet that is dedicated for future potential use in recharging electrical vehicles.
79. The owner of the property shall participate in the provision of funding to maintain and
augment street maintenance services by agreeing to the formation of a street maintenance
district for the lots created by this subdivision approval which will remain in the
unincorporated area of Contra Costa County. The assessment shall be the per lot annual
amount (with appropriate future CPI adjustment) then established at the time of voting
by the Board of Supervisors and / or the Danville Town Council pursuant to a joint
exercise of powers agreement [JPA] between the County and the Town established for
this project to address the provision of street maintenance services. The formation of the
street maintenance district shall be completed prior to the issuance of grading permits or
the filing of the final map, whichever occurs first. (Also, see advisory Note "O." at the
end of this document.)
80. The owner of the property shall participate in the provision of funding to maintain and
augment park, street lighting and landscape maintenance services by agreeing to the
formation of a lighting and landscape assessment district for the lots created by this
subdivision approval which will remain in the unincorporated area of Contra Costa
County. The assessment shall be the per lot annual amount (with appropriate future CPI
adjustment) then established at the time of voting by the Board of Supervisors and / or
the Danville Town Council pursuant to a joint exercise of powers agreement [JPA]
between the County and the Town established for this project to address the provision
of park, street lighting and landscape maintenance services. The formation of the road
maintenance district shall be completed prior to the issuance of grading permits or the
f'fiing of the final map, whichever occurs first. (Also, see advisory Note "P." at the end
of this document.)
PAGE 29 OF ATTACHMENT A OF ORDINANCE NO. 93-1
ADVISORY NOTES
A. The Applicant will be required to comply with the requirements of the
Bridge/Thoroughfare Fee Ordinance for the Alamo Area of Benefit as adopted by the
Board of Supervisors.
Those lots which lie within the Town of Danville shall not be subject to County Area of
Benefit fees, but will be subject to the Town of Danville's Transportation Improvement
Fee, to be paid to the Town prior to issuance of building permits on the parcels.
B. Comply with the requirements of the East Bay Municipal Utility District and Central
Sanitary District.
C. Comply with the requirements of the San Ramon Valley Fire Protection District.
D. This project may be subject to the requirement of the Department of Fish & Game. It
is the Applicant's responsibility to notify the Department of Fish & Game, P.O. Box 47,
Yountville, California 94599, of any proposed construction within this development that
may affect any fish and wildlife, per Fish & Game Code.
E. Comply with the County Water Conservation Landscaping in New Developments
Ordinance (Ord. #90-59).
F. Comply with the requirements of the San Ramon Valley Unified School District fees at
time of issuance of building permits.
G. This project may also be subject to the requirements of the Army Corps of Engineers.
The Applicant should notify the appropriate district of the Corps of Engineers to
determine if a permit is required and if it can be obtained.
H. In regards to the Condition of Approval #50, the applicant is advised that the tax for the
police services district is currently set by the Board of Supervisors at $200 per parcel
annually (with appropriate future Consumer Price Index [CPI] adjustments). The tax for
the police services district to cover actual costs of future police services provided from
the Town of Danville to the unincorporated portion of the project is currently estimated
at $262.50 per lot and shall be subject to appropriate future CPI adjustments. Based on
the above preliminary cost estimates, the project will be subject to a minimum per lot fee
of $262.50 per year, with this amount subject to increase to cover some, or all, of the
$200.00 per lot County fee. The annual fee is subject to modification by the Board of
Supervisors and / or the Danville Town Council in the future. The current fee for
holding the election is $800 and is also subject to modification in the future. The
applicable tax and fee amounts will be those established by the Board of Supervisors and
/ or the Danville Town Council at the time of voting pursuant to the voting format to be
as established by the joint exercise of powers agreement [JPA] between the County and
PAGE 30 OF ATTACHMENT A OF ORDINANCE NO. 93-1
the Town established for this project to address the provision of police services.
I. Comply with all rules, regulations and procedures of the National Pollutant Discharge
Elimination System (NPDES) as promulgated by the California State Water Resources
Control Board, or any of its regional water quality control boards (San Francisco Bay
Region II or Central Valley-Region V).
J. Comply with the requirements of the County Construction Use of Recycled Water
Ordinance (No. 91-24).
K. Comply with the requirements of the County Transportation Demand Management
(TDM) Ordinance (No. 92-31) prior to filing a final map. At least 30 days prior to filing
a final map, submit two copies of a proposed TDM program to the County. The
applicant should contact the TDM coordinator in the Community Development
Department office at (510) 646-2131 regarding any questions on the program
requirements.
L. Except as otherwise stipulated in the foregoing conditions of approval, this project is
subject to the development fees in effect under County ordinance as of February 16,
1990, the date that the Vesting Tentative Map application was accepted as complete by
the County. These fees are in addition to any other development fees which may be
specified in the conditions of approval.
An estimate of the fee charges for each lot in the unincorporated area may be obtained
by contacting the Building Inspection Department at (510) 646-4992.
M. Should the applicant wish to defray the expense of making required improvements to La
Gonda Way, he may propose to the County and Town of Danville the establishment of
an Area-of-Benefit District. Planned or proposed projects other than Alamo Springs
which could be considered within such a district might include the (later phases of) Hap
MaGee Ranch Park, and the proposed Thiessen project.
N. The applicant has volunteered a contribution of $1000 per lot involving those lots which
are ultimately created within the unincorporated area for this project to the County
Homeless Shelter Improvement Trust Fund to be paid to the Community Development
Department prior to filing a final map.
0. In regards to the Condition of Approval #79, the applicant is advised that the assessment
for the street maintenance assessment district to cover actual costs of future street
maintenance provided from the Town of Danville to cover the impacts of traffic
emanating from the unincorporated portion of the project is currently estimated at $70.00
per lot and shall be subject to appropriate future CPI adjustments. The applicable
assessment will be as established by the Board of Supervisors and / or the Danville Town
Council at the time the district is created pursuant to a joint exercise of powers
PAGE 31 OF ATTACHMENT A OF ORDINANCE NO. 93-1
agreement [JPA] between the County and the Town established for this project to address
the provision of street maintenance services."
P. In regards to the Condition of Approval #80, the applicant is advised that the assessment
for the lighting and landscape assessment district to cover actual costs of future park,
street lighting and landscape maintenance provided from the Town of Danville to cover
the impacts of traffic emanating from the unincorporated portion of the project is
currently estimated at $70.00 per lot and shall be subject to appropriate future CPI
adjustments. The applicable assessment will be as established by the Board of
Supervisors and / or the Danville Town Council at the time the district is created
pursuant to a joint exercise of powers agreement [JPA] between the County and the
Town established for this project to address the provision of park, street lighting and
landscape maintenance services.
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PAGE 32 OF ATTACHMENT A OF ORDINANCE NO. 93-1