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HomeMy WebLinkAboutPUD 85-04AFINDINGS AND CONDITIONS OF APPROVAL PUD 85-4 FINDINGS ae The Town of Danville Planning Commission hereby finds as follows in support of the Final Development Plan: The proposed planned unit development is consistent with the Town General Plan; The residential development will constitute a residential environment of sustained desirability and stability, and will be in harmony with the character of the surrounding neighborhood and community; The development will mitigate off site traffic impacts through the assurance of off site improvements in a manner acceptable to the Town. The previously certified EIR prepared for the rezoning and Preliminary Development Plan for the Rassier Ranch project fully discussed potential impacts associated with development of this site satisfying the requirements at the California Environmental Quality Act. The Town of Danville hereby finds as follows in support of the Tentative Subdivision Map: The proposed map is consistent with the Danville General Plan and is consistent with the Preliminary and Final Development Plans for the project; The design and improvement of the proposed subdivision is consistent with the Danville General Plan, will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat; The design of the subdivision or type of improvements is not likely to cause serious public health problems. The site is physically suitable for the proposed density of development; The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the propo~d ~ubdivision. lC 0 The previously certified EIR prepared for the Rezoning and Preliminary Development Plan for the Rassier Ranch project fully discussed potential impacts associated with development of this site satisfying the requirements of the California Environmental Quality Act. CONDITIONS OF APPROVAL A. General The development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein. ae "Final Development Plan" dated 8/87 prepared by John Nicol, Landscape Architect. be "Tentative Map, Subdivision 6886" dated June 15, 1987 prepared by James R. Steadman Associates. "Rassier Ranch - Patio Homes" at 1" = 40' - dated June 15, 1987. "McCauley Road Extension" at 1" = 40' - containing two sheets, engineering and landscaping, dated June 15, 1987, (revised 8/14/87) and 8/87 respectively. ee "Conceptual Wall and Fence Plans" dated 6/87 prepared by John Nicol, Landscape Architect. "Wall and Fence Elevations" dated 6/87 prepared by John Nicol, Landscape Architect. "Tree Analysis/Tentative Plan" and "Existing Tree Analysis" both dated 8/87 based on the report by Hort Science, Inc. ; supplemented by the July 21, 1987 memo from John Nicol and the August 17, 1987 memo from David E. Coldoff. he Various sectional drawings containing 4 sheets dated 6/87 prepared by John Nicol, Landscape Architect. "Recreation Area" dated 6/87 prepared by John Nicol, Landscape Architect. The developer shall pay any and all Town and other related fees that the property may be ~ubject to. These fees shall be based on the current fee schedule in effect at the time the relevant permit is secured. Notice should be taken specifically of the Town's Transportation Improvement Program (TIP) fee, Park 2C Be Dedication Fee and the drainage acreage fees as established by the Flood Control District. If extraordinary off site fees are paid or traffic improvements are made which exceed the amount of the residential TIP fees, the Town will consider waiving the fees. The developer shall comply with all requirements of the San Ramon Valley Fire Protection District and the San Ramon Valley Unified School District. If archeological materials are uncovered during any construction or pre-construction activities on the site, all earthwork within 100 feet of these materials shall be stopped until a professional archeologist certified by the Society of California Archeology and/or the Society of Professional Archeology has had an opportunity to evaluate the significance of the find and to suggest appropriate mitigation measures, if they are deemed necessary. Construction and grading operations shall be limited to weekdays (Monday through Fridays) during the hours from 7:30 a.m. to 5:30 p.m., unless otherwise approved in writing by the city Engineer. e If this subdivision intends to file multiple final maps, the first submittal shall be accompanied by an overall phasing plan. This plan shall address offsite improvements to be installed in conjunction with each phase, erosion control for undeveloped portions of the site and shall be reviewed subject to the approval of the city Engineer/Chief of Planning. Site Planninq Ail lighting shall be installed in such a manner that glare is directed away from surrounding properties and rights-of-way. Particular attention shall be paid to street lighting along McCauley Road adjacent to residents served by Redondo Way and/or E1 Cajon Drive. The location of any pad mounted transformers shall be subject to approval by the Planning Department 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. Development of the site shall occur as follows: ae Up to 226 dwellings may be constructed on the site. 3C be Areas represented as 10,000 square foot average lots (lots 1-100) shall be developed in a manner consistent with the R-10 standards of the Zoning Ordinance, excepting that lot sizes may include an average of 10,000 square feet and except as follows: i) a minimum of 15 feet of side yard set back shall be maintained from the top of slope if the grade difference between adjacent building pads exceeds five (5) feet in height. ii) Ail side and rear setback requirements shall be measured from the top or toe of slopes adjacent to the building pad. iii) The difference in pad elevation between adjoining lots shall not exceed ten feet except where the lots are adjoining due to common rear lot lines, and where greater differences are noted on the Tentative Map cited in condition A.l.b. Areas represented as 5,000 square foot minimum lots (lots 101-226) shall be developed in accord with the 1" = 40' - scale plan cited in condition A.l.c above and subject to the following: i) Structures on adjacent parcels shall be separated by a minimum of ten feet. ii) Sideyard setbacks may be zero on one side but shall be a minimum of ten feet on one side; except that if a side slope between adjacent lots exceeds five feet in height the setback from the top of slope shall not be less than ten feet and the setback from the toe of slope shall not be less than five feet. iii) A minimum of one on street parking space per dwelling unit shall be provided within the zero lot line development area of which 75% 4C e shall be on the street directly in front of the residences to be served. If this standard cannot be met, parking bays shall be provided. This parking requirement shall be in addition to a required two car garage within each dwelling. The open space area delineated along the south and east portions of the site shall be offered for dedication to the East Bay Regional Park District, or the Town of Danville. Such an offer shall be in the form of an option which allows the Park District or the Town a period of five years from date of first final map recordation, to accept or reject the dedication. Upon acceptance of open space dedication, the developer shall be responsible for installing improvements within the open space area as may be required by the East Bay Regional Park District. In the event that the open space areas are not accepted for dedication by the Town or the East Bay Regional Park District, and during the period prior to any such decision, these open space areas shall be maintained by the homeowner's association. Development rights for the Open Space parcels shall be dedicated to the Town in the event that all or a portion of the open space is not accepted for dedication by the East Bay Regional Park District.__ Open space lands created as a part of this subdivision shall not be altered subsequent to completion of the construction of the subdivision except as may be expressly permitted by the Town. Additionally, trees required to be saved through approval of this subdivision shall be preserved and shall not be removed except as may be permitted in writing by the Chief of Planning of the Town. Covenants, Conditions and Restrictions, Articles of Incorporation and By-Laws for a mandatory homeowner's association shall be prepared for the project. The Town shall be made a third party beneficiary as to the sections of the CC & R's which address any applicable conditions included in the project conditions of approval. Prior to filing a final subdivision map, the City Attorney shall review the CC & R's to assure that all applicable conditions of approval have been addressed. The existing house behind lot 98 shall be ~~/~ 5C maintained at no less than the level of its condition today and shall remain of beneficial use to the homeowner's association, subject to the review and approval by the Chief of Planing, City Engineer and Chief of Police. The structure may be removed only if the cost of complyinq with applicable building codes is unreasonable as determined by the Chief of Planninq. Ail masonry pilasters throughout the project shall be of a consistent design including color, materials, inclusion of a "cap", etc. as may be required by the Design Review Board. Consideration shall be given to alternate fencing designs between rear yard areas of the patio homes. Fencing around the detention basin as may be required shall be decorative with masonry pilasters as described by condition B.7 above. Wrought iron fencing to match that proposed around the recreation area or other comparable material shall be used. C. Landscaping * 3. A final landscaping plan shall be submitted for review and approval by the Chief of Planning prior to approval of a Final Map. The landscaping plan shall address entry landscaping, landscaping of graded slopes, landscaping within the creek area, landscaping in the detention basin and landscaping of the recreation area. The landscaping plan shall include common names of all plant materials and shall indicate the size that the various plant materials will achieve within a 5 year period of time. * 4. Ail plant material shall be served by an automatic underground irrigation system excepting the landscaping installed in the open space areas in graded slopes, and where drought resistant materials are acceptable to staff, and shall be maintained in a healthy growing conditions. Ail trees shall be a minimum of 15 gallon container size and properly staked except that 5Q specimen trees (two-thirds 24 inch and one-third 36 inch box) shall be provided in key areas of the site such as the recreation area, at the project entry and around the detention basin. Shrubs not used as ground cover shall be a minimum of 5 gallons in size. Ail landscaped areas and open space areas abutting public streets not covered by shrubs and trees shall be 6C Se planted with live ground cover with the exception that rocks and pebbles may be substituted in certain areas, subject to review and approval at the time of consideration of the final landscaping plan. Existing trees on the site shall be preserved as delineated on the "Existing Tree Analysis" cited in condition A.l.g above. Trees designated as "trees to be protected" on the plan shall also be preserved to the extent practicable. No trees on the site shall be removed except those so designated on the above referenced plan without the written approval of the Chief of Planning. Such approval may be granted only after careful consideration of alternatives including alternate dwelling unit designs, grading plan modifications, lot line adjustments, etc. A tree specialist acceptable to the Town shall be present on the site during grading operations. Trees to be saved which are in close proximity to graded areas shall be enclosed by a chain link or other similar fence. Any costs incurred by the Town as a result of this condition shall be reimbursed to the Town by the developer. Ail cut slopes above areas to be developed with residential units shall be landscaped with tree planting and hydroseeding (including wildflowers) to achieve a natural appearance. Areas hydroseeded with the wildflower mix shall be protected from fire control measures to the extent possible. Street trees shall be planted at a ratio of 2.5 trees for each 10,000 square foot lot, and 2 trees for each 5,000 square foot lot. Front yard areas of the patio homes shall be landscaped with materials to include trees, shrubs, and qround cover subject to the review and approval of the Design Review Board. Trees identified as numbers 253 and 254 at lot 101 shall be saved. The tentative map shall be modified and lots shall be removed to the extent necessary to save these trees. Trees numbered 1 through 9 above lots 70-72 shall be saved, except that if lots beyond those served by 'G' Court would be deleted in order to save the trees, the trees may be removed. 7C D. Architecture Ail 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). No mechanical equipment shall be mounted on the roof of any structure on the site. Single family structures shall be designed generally as represented in the plans prepared by Gentry Associates, titled "Rassier Ranch" dated June 3, 1987 and in accord with the following criteria: ae Each model shall have a minimum of three architectural elevations. be Ail four exterior unit elevations shall be architecturally dimensioned, trimmed and detailed similar to front elevations. Trim material around doors and windows shall be a minimum of 1-5/8" thickness. Ce Variation shall be included in the three rooflines proposed with each floor plan. de White stucco finishes and/or red tile roofs shall be avoided in favor of beige or earthtone colors. Se Ail air conditioners/condensers shall be ground mounted and screened from public view. fe Approved spark arrestors shall be installed on each chimney used for fireplaces and appliances in which solid or liquid fuel may be used. The same unit plan or elevation shall not be located next to or directly across the street from each other. Front yard setbacks shall be varied to create additional visual relief. The side and rear elevations shall be detailed at the same level as the front elevation on all lots which back up to or side-on McCauley Road or the recreation area as may be required by the Design Review Board. On opposing corner lots, a minimum of one unit shall be single story design. Single story units are encouraged on corner lots to the greatest extent possible. 8C Fo Re Single story houses shall be integrated appropriately to provide variety in the streetscape. Single and patio home structures shall be submitted for review and approval by the ~~~/~~ ~~ Planninq Commission prior to approval of a Final Map. Prior to the issuance of building permits, samples of final colors and materials selected for all single and patio home structures shall be submitted to the Planning Department for review and approval. Substitutions for approved colors shall be submitted for review and approval by the Planning Department. Ail development and construction on the site shall be consistent with Danville's Residential Development Standards. Grading Any grading on adjacent properties will require written approval of those property owners affected. Such written approval shall be submitted with the application for a grading permit. 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 City Engineer and employed at all times as conditions warrant. Graded areas shall not exceed a slope of 3:1, excepting slopes between building pads with less than five feet of grade difference between adjacent pads, and in the patio home area where the slope is between common rear lot lines, in which cases the slopes may be graded to 2:1. Grading proposed on the hills within the open space area shall be contoured to simulate the existing hill form, not resulting in concave or straight cut slopes. Streets 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. 9C 0 e Ail street signing shall be installed by the developer as required by the Town. This shall include, but is not necessarily limited to "Stop", "No Parking", "Not a Through Street", and street name signs. Traffic signs and parking restriction signs shall be approved by the Police Department. 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. Handicapped ramps shall be provided and located as required by the City Engineer. This development shall be provided with a safe and effective circulation system for bicycles and pedestrians. These facilities shall be designed and installed to the satisfaction of the City Engineer and shall be separated from vehicular traffic wherever possible. 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. The developer of this subdivision and the developer of the Magee Diablo Ranch project shall be jointly responsible for construction of all the street and related improvements listed below: ae Widening of Diablo Road between E1 Cerro Boulevard and Green Valley Road; Widening of Diablo Road between Camino Tassajara and E1 Cerro Boulevard; Reconstruction and widening of E1 Cerro Boulevard between 1-680 and Diablo Road; and de Installation of traffic signals and associated intersection modifications at the intersections of Diablo Road/E1 Cerro Boulevard and Diablo Road/Green Valley Road. 10C The proportionate responsibility of each project shall be determined by the Chief of Planning and the City Engineer based on consideration of the number of dwelling units contained in the Rassier and Magee Diablo Ranch projects. Satisfaction of this condition will require actual construction of improvements based on the following criteria: ae At the time that this project proceeds with filing of the initial Final Map for the project, 100% of improvements (a) and (d) cited above shall be constructed or financially assured. be If a Final Map for the first phase of the Magee Diablo Ranch project is not approved prior to issuance of building permits for greater than 50% of the lots within this subdivision improvement (c) cited above shall be constructed or financially assured prior to issuance of any permits which exceed 50% of the total lots in this subdivision. The developer may seek reimbursement through a reimbursement agreement for reimbursement of costs incurred through construction of the above improvements which exceed this developers responsibility as determined in the manner described above. Reimbursement from the developer of the Magee Diablo Ranch project and other in-fill development in the vicinity will be recommended to the Town Council. If a Final Map for the Magee Diablo Ranch development is recorded prior to development of this subdivision, the developer of this subdivision shall be responsible for constructing or financially assuring any improvements cited herein not constructed or assured by the developer of the Magee Diablo Ranch. Additionally, if a reimbursement agreement is applied for by the developer of the Magee Diablo Ranch, and the agreement is approved, the developer of this subdivision shall be required to reimburse the developer of the Magee Diablo Ranch for this project's share of improvements which may already be constructed. The developer of this subdivision and the developer of the Magee Diablo Ranch shall be responsible for funding a 25% share of the Green Valley Road improvement costs a~ id~n%ifi~d in %he ~own'~ Capital Improvement Program. The proportionate responsibility of each llC 10. 11. 12. 13. project shall be determined by the Chief of Planning and the City Engineer based on consideration of the number of dwelling units contained in the Rassier and Magee Diablo Ranch projects. The identified fee shall be paid at the time of filing the initial Final Map for the development. E1 Cajon Drive shall be closed at McCauley Road excepting that provisions shall be made for pedestrian and bicycle access as well as for emergency vehicle access as delineated on the plan referenced in condition A.1 above. Actual design of the barrier restricting unauthorized vehicular access shall be subject to review and approval by the Chief of Planning, the Police Chief, the Fire District and City Engineer prior to approval of a Final Map. McCauley Road from Diablo Road to "G" Court shall be improved as a 36' curb to curb street within a 56' right of way with curb and gutter, street paving, sidewalks on both sides, street lighting and signs except as follows: Within 300' of Diablo Road the curb to curb dimension shall be increased to 46'. Sidewalk may be deleted on the Northeasterly side from Diablo Road to "A" Court. The curb to curb dimension from E1 Cajon Drive to approximately 200' southerly may be reduced to 30'. A landscape strip of approximately 7' shall be provided on the northeasterly side and landscape and pedestrian walk of approximately 17' on the southwesterly side from Diablo Road to E1 Cajon Drive. "J" Court from McCauley Road to "M" Court shall be improved as a 36' curb to curb street within a 56' right of way with curb and gutter, street paving, sidewalks on both sides, street lighting and signs. Project streets other than those specified in conditions 10 and 11 above shall comply with the standards established in Title 9 of the City Code. Applicant shall allow for an easement for access purposes from the southeasterly terminus of McCauley 12C 14. 15. 16. 17. 18. Road to the south property boundary. Location of this easement shall match the location of the easement to be granted across the adjacent Shapell property. A covenant between the subdivider and his assigns and successors in interest and the Town shall be recorded running with the land within this subdivision advising of the existence of this access easement. The recording shall occur in a form which will provide disclosure of the easement through a statement in a Preliminary Title Report. Once improvement plans for McCauley Road have been reviewed and approved by the Town of Danville, construction may begin on the section from Diablo Road to the northerly boundary of lot 6 with the filing of the required fees and sureties. Title verification of proposed street right of way will be required. Such proof of title shall be submitted with the improvement plans for McCauley Road. In the event that necessary right of way for McCauley Road cannot be acquired from adjacent property owners, revised entry road designs shall be subject to review and approval by the Chief of Planning. An emergency vehicle access shall be provided extending to the EBMUD water tank northeast of the site subject to design approval by the Chief of Planning, City Engineer and Chief of Police. In the event that necessary easements cannot be acquired from EBMUD or the adjacent landowner to accommodate the emergency access, alternative access to the east shall be identified and constructed subject to review and approval as described in this condition. Improvement of the EVA shall commence at the time of initial construction within the patio home area and shall be completed prior to occupancy of the patio homes. Efforts shall be made to locate McCauley Road as far as possible away from the existing homes on Redondo Way, subject to the requirements and recommendations of the project soils engineer. Property transfers to the owners of the homes along Redondo Way may occur as shown on the proposed plans except that if one or more of the owners declines to accept the property, the configuration of the property lines on the adjacent piece may have to be modified in order to provide logical property boundaries, and continuity in the MoCauley Road =tre~t~caDe. This may 13C Ge include elimination of property transfers on adjacent parcels at the discretion of the Chief of Planning. Any transfer of property provided for in this condition may occur only with the concurrent recordation of an appropriate instrument to combine the transferred parcel with the existing parcel. 19. Conditions of this approval require the construction of certain roadway improvements within the Town of Danville (see condition F.7) with the specific intent of maintaining a mid-range level of service 'D' traffic condition. Prior to approval of each respective Final Map for the project, the developer shall prepare an update to the TJKM traffic study to determine if the mid-range level of service 'D' traffic condition will be maintained at all locations within Danville where traffic improvements are required to be made by this developer. If this level of service is exceeded at the locations described above, no further Final Maps shall be recorded until the programmed improvement is completed or financially assured at the intersection(s) where the required level of service is exceeded.. Infrastructure Water supply service shall be provided by the East Bay Municipal Utility District in accordance with the requirements of the District. Annexation to the District as may be necessary shall be completed prior to approval of a Final Map. Sewer disposal service shall be provided by the Central Contra Costa Sanitary District in accordance with the requirements of the District. Annexation to the District as may be necessary shall be completed prior to approval of a Final Map. 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. Ail storm water run-off shall be collected and conducted via an approved drainage method to the nearest approved downstream facility. Off-site drainage flows shall be intercepted at the project boundary via an approved storm drain facility, or as approved by the Town. 0 Roof drains shall empty onto paved areas, concrete swales, other approved dissipating devices, or into a pipe. 14C 10. 11. 12. 13. 14. 15. Concentrated drainage flows shall not be permitted to cross sidewalks or driveways. Any portion of the drainage system that conveys runoff from public streets shall be installed within a dedicated drainage easement, or public street. If a storm drain must cross a lot, the minimum storm drain easement width shall be ten feet. Wider easements will be required in some cases based on pipe size and depth. The developer shall comply with all relevant requirements of the Contra Costa County Flood Control District. 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. Ail utilities required to serve the development shall be installed underground. In accordance with Section 92.2006 of the city Ordinance Code, this project shall conform to the provisions of the City Subdivision Ordinance (Title 9). Any exceptions therefrom must specifically be listed in the conditions of approval as contained herein. Grading and land preparation shall be restricted to the period of April 15 to October 15 to minimize erosion and depositing of sediments except as may be authorized in writing by the city Engineer. All exposed erodible slopes resulting from grading activities shall be hydromulched or otherwise stabilized by project developers each year by October 15. Mitigation of the drainage impacts resulting from this development shall be provided as follows: ae On site detention basin(s) may be constructed to limit the rate of runoff at or below predevelopment levels, provided that the detention facility is maintained either by the Contra Costa County Flood Control District in accord with their letter ~t¢~ July 6, 19~7 o~ by another Dublic agency acceptable to the Town; 15C 16. 17. be In the event that the Flood Control District or another acceptable public agency does not accept maintenance of the detention facility, storm drainage facilities shall be constructed within existing public rights of way and/or drainage easements to carry storm flows from the project to Green Valley Creek, discharging at the approximate location of existing discharge. Additionally, downstream improvements shall be constructed as may be necessary to accommodate the additional unmitigated storm flows. A drainage/hydraulic study shall be prepared for review and approval by the City Engineer addressing all drainage impacts associated with development of the site including all tributary areas and extending to the point of drainage onto Green Valley Creek. The study shall address: Debris/trash racks; inlet and conduit sizing; open flows thru side yards of lots; siltation basins; detention facility sizing, configuration, mechanics, appearance, side slopes and safety issues. This study shall be submitted with the initial Final Map, grading plan or street improvement plan, whichever may occur first except that if McCauley Road is proposed to be constructed prior to application for a grading permit or filing of a Final Map, the drainage/hydraulic study need only address those aspects of the drainage plan that relate to the construction of McCauley Road as determined by the City Engineer. The drainage facilities identified on this tentative map are generally acceptable subject to the findings of the drainage study required by condition F.16 above and with certain design modifications as follows: Se Debris/trash racks will be required before all inlets accepting open space flows. be Ail inlets accepting flows from open space areas shall be oversized. Where open space drainage inlets lie abutting rear lots of residential units, an improved overland drainage escape facility shall be installed to the nearest public street. de Multiple debris/trash racks may be required along the northeasterly side of lots 87 thru 98. Se A siltation basin may be required at the storm drain inlet near lot 99. 16C 18. 19. 20. 21. 22. The open drainage channel which exists in the far northwest corner of the site behind the existing homes fronting on E1 Cajon Drive and Redondo Way shall be improved as a closed conduit compatible with existing facilities. With the filing of each Final Map for the subdivision, the following fees shall be paid to the Town for off-site drainage and related improvements: a. $500.00 per dwelling unit; plus, $0.10 per square foot of new imperious surface area created by the development. These funds will be held by the Town of Danville in an account established for Green Valley Creek and downstream improvements. The funds may be dispersed to the Contra Costa County Flood Control District for use by the District in preparing studies or constructing drainage and related improvements related to Green Valley Creek and areas downstream. Any such studies and/or improvements shall be mutually agreed to by the Town and the District in order for the funds to be dispersed. In the event that mutually agreeable drainage projects are not identified, within 12 months of the receipt of the money, the Town may independently utilize the funds for preparation of studies or constructing improvements within Green Valley Creek and areas downstream. Ail closed conduit drainage systems shall be designed with self-cleaning flow velocities. (NOT LESS THAN 2 FEET PER SECOND). Ail improvement plans shall be prepared in accord with the provisions of the Town of Danville Standard Plans. The Town will contract with a qualified "third Party" for the purpose of conducting an independent review and appraisal of the geologic report on this project. The cost of this review shall be borne by the applicant and will be based on time and materials plus a 1% administrative fee. Applicant shall provide the Town all necessary data to facilitate this review within 30 days of the final approval date of this Tentative Map. The initial review will be completed within 3 weeks of submittal of the data, at which time the applicant and his soils engineer shall address all comments and resubmit the complete package for final review. 17C Concurrent with the final review the applicant's engineer shall make any necessary changes on the tentative map which result from the third party review, together with other necessary modifications called for in these conditions and the revised tentative map shall be resubmitted within 75 days of the final approval date of this tentative map. In the event that the City Engineer concludes, from analysis of all pertinent information, that the site, or portions of the site, are unsuitable for the type of development proposed, the Final Development Plan (PUD 85-4) and Tentative Subdivision Map (SD 6886) shall be referred back to the Planning Commission for reconsideration. 23. Prior to recordation of a final map, the applicant shall prepare a study addressing the need for day care facilities generated by this project. The applicant shall make provisions within the subdivision to address this demand through setting aside a suitable site for the development of day care facilities, designing project recreational facilities to accommodate joint usage with day care, payment of a per unit fee to be used towards construction of day care facilities or other alternatives acceptable to the Town of Danville. If the developer chooses to pay a per unit fee, the Town shall be notified of the developer's intent in writing and the fee shall be set by the Town Council within 120 days of the receipt of the letter. Approved on appeal by Town of Danville Town Council on September 21, 1987 of g prep2 Commission September 14, 1987 Date 18C