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HomeMy WebLinkAboutPUD 88-05 EXHIBIT A FINDINGS AND CONDITIONS OF APPROVAL REVISED FINAL DEVELOPMENT PLAN LINCOLN PROPERTY COMPANY - TASSAJARA .RANCH PARTNERS FINDINGS The Town of Danville hereby finds as follows in support of the Revised Final Development Plan: The proposed planned unit development is consistent with the Danville General Plan and the Preliminary Development Plan (as regards Land Use and density) approved by the Town Council on November 6, 1986 through adoption of Ordinance 99. 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 and drainage impacts through the assurance of off-site improvements in a manner acceptable to the City. The previously certified EIR prepared for the Dougherty Road Area General Plan Amendment fully discussed potential impacts associated with development of the Tassajara Ranch Property satisfying the requirements of the California Environmental Quality Act based on the following specific findings. ae Contra Costa County adopted findings regarding the Environmental Impact Report through adoption of the Board of Supervisors Resolution 85/133 and Planning Commission Resolution 47-1984 (SR) including mitigation measures for the project, Pursuant to these mitigation measures, additional studies related to soils and geology, and traffic have been completed identifying specific mitigations, and Use of the prior EIR as a "Program EIR" is appropriate based on the following: (1) that feasible mitigation measures and alternatives developed in the EIR for the Dougherty Road Area General Plan Amendment have been incorporated; (2) that subsequent changes in the project including relocating the proposed community park site do not require important revisions of the prior EIR; (3( that there has not been substantial changes with respect to the circumstances under which the project is undertaken which require important revisions of the prior EIR; and (4) no new information of substantial importance to the project has become available which would require an additional EIR. Conditions of Approval Unless other wise specified, the following Conditions shall be complied with prior to the issuance of a Grading Permit or Building Permits. Each item is subject to review and approval by the Planning Department unless otherwise specified. ao General Provisions This approval is for a multiple family apartment-condominium residential development of a maximum of 248 units with ancillary carport structures, and private recreation facilities, collectively covering the 13.3+ acre property identified as Parcel E of SD 6878. Development shall be substantially as shown on the project drawings and project descriptions as follow, except as may be modified by conditions contained herein; ao Project drawings (Dimensional Plan, Unit Plans, Building Plans, Exterior Elevations, Recreation Club, Recreation Club Exterior Drawings, Site Details, Preliminary Landscape Plan, Recreation Area Blow-Up and Preliminary Landscape Plan) consisting of twelve sheets, prepared by Goes & Parket Associates, Inc. and dated received by the Planning Department June 9, 1988. be Applicant's Written Statement, entitled "Architectural Review Submittal" dated received by the Planning Department June 9, 1988. The developer shall pay any and .all Town and other related fees that the property may be subject to. These fees shall be based on the current fee schedule in effect at the time the relevant permits 2 are secured. Notice should be taken specifically of the Town's Transportation Improvement Program (TIP) fee, Park Dedication Fee (to be collected upon issuance of building permits) and the drainage acreage fees as established by the Contra Costa County Flood Control District. Prior to the issuance of grading or building permits, the developer shall submit written documentation that all requirements of the San Ramon Valley Fire Protection District and the San Ramon Valley Unified School District have been or will be, met tot he satisfaction of these respective agencies. The Fire District's initial comments on this project are summarized in [art within their letter of June 15, 1988. Special note should be taken that the project lies within a Fire District Station Assessment Area where a~$181.29 fee per dwelling unit will be assessed. If archeological materials are uncovered during any construction or pre-construction activities on the site, all earthwork within 100 feet of these materials shall be stopped, the Town Planning Department notified, and a professional archeologist, certified by the Society of California Archeology and/or the Society of Professional Archeology, shall be notified. Site work in this area shall not occur until the archeologist has had an opportunity to evaluate the significance of the find and to outline appropriatemitigation measures, if they are deemed necessary. Construction and grading operations and delivery of construction materials, and warming up of grading and/or construction equipment shall be limited to weekdays (Monday through Fridays) during the hours from 7:30 a.m. to 5:30 p.m., unless otherwise approved in writing by the City Engineer. If the developer intends to conStruct the project in phases, then the first submittal for building permits shall be accompanied by an overall phasing plan. This plan shall address off-site improvements to be installed in conjunction with each phase, erosion control, for undeveloped portions of the 'site, timing of delivery of emergency vehicle access connections, and phasing of project grading. The phasing plan shall be subject to the review and approval of the City Engineer and Chief of Planning. 3 Be Except as provided for within these conditions of approval, land use regulations pertaining to this property shall be as provided under PUD 86-3 and as outlined in the M-29; Multiple Family Residential District. Site Planning Exterior lighting shall be of a design and placement so as to screen the light source as viewed from adjoining properties or public streets. Sufficient security lighting shall be provided for the perimeters of the project. The location and means of screening of ground-mounted air conditioning units shall be subject to review and approval by the Planning Department. Setback and structure separation minimums to be observed for this project shall be substantially as shown on the Dimensional Plan cited in Condition A.i., with the following minimums; -Building Appurtenance-to-Building Appurtenance Separation (i.e. decks, patios and stairways.) -Building-to-Building Separation separation (measured at face-to-curb) *Approved Exceptions - stairways on east sides of Building Groups 6 & 7 where a 12' minimum may be used and stairways on north side of Building Group 2 where a 12' minimum may be used. -Crow Canyon Road setback to carport eavelines -Tassajara View Drive and Tassajara Ranch Drive setbacks to carport eavelines 15'minimum 20'minimum 30'minimum 20'minimum Covenants, Conditions and Restrictions (CC&R's), Articles of Incorporation and By-Laws for a mandatory homeowner's association shall be prepared by the developer for this project prior to the recordation of a condominium plan. The town shall be included as 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. The city shall be granted the right but not the duty of enforcing any provision~ contaln~d 4 in the CC&R's. Additions to the CC&R's by the HOA consistent with the original CC&R's may be made a the discretion of the HOA. Any changes pertaining to conditions of approval imposed upon the project shall be submitted to the City for review by the City attorney. These documents shall be subject to review and approval by the City Engineer and City Attorney prior to their recordation to assure that all applicable conditions of approval have been addressed and to assure that: ae There is adequate provision for the maintenance, in good repair, of all commonly owned or maintained property and landscaping, including but not limited to the recreation facilities, common open space, landscape and irrigation facilities, fencing, lighting, project signing and drainage and erosion control improvements. Payment of dues and assessments shall be both a 'lien against the assessed land and a personal obligation of each property owner. An estimate of these costs shall be provided to each buyer prior to the time of purchase. The Association shall keep.the Town City Planning Department informed of the current name, address, and phone number of the Association's official representative(s). de The Association shall contract with, or be advised by (as to how to handle maintenance operations), a professional management firm. Se Conditions B.7.E. of the Preliminary Development Plan for this project (PUD 86-3) is modified to allow an alternate "closure" treatment of carports along the public streets or backing into the single family land use area to the south. A combination of use of half-wall lattice screening and use of landscaping and mounding up against a wooden retaining wall may be utilized to provide the screening treatment along these areas. Se The developer should be responsible for the installation of a masonry architectural soundwall along the Crow Canyon Road frontage. The design of the wall shall match that installed with the Sycamore Valley Specific Plan Area. The wall shall be extended along the north and south boundary of 5 Ce the project for a distance determined through an acoustical study to be adequate to provide sound attenuation from noise generated from Crow Canyon Road. The wall shall observe a minimum setback of 23 feet from the Crow Canyon Road right-of-way. Landscaping So Final Landscape and Irrigation Plans (with planting shown at 1"=20' scale) shall be submitted for review and approval by the Planning Department. The plan shall include common names of all plant'materials and shall indicate the size that various plant materials will achieve within a five year period of time. A Landscape Phasing Plan for the installation of project landscaping shall also be submitted for review and approval as part of this submittal. Ail project landscaping shall be serve by automatic underground irrigation systems. The developer shall supply "as-built" landscape and'irrigation plans to the project homeowner's association upon the association's acceptance of each portion of project common area. Ail trees shall be a minimum of 15 gallon container size and shall be double-staked. Shrubs not used as ground cover shall be a minimum of 5 gallons in size. Ail landscaping areas not covered by shrubs and trees shall be planted with live ground cover or lawn. A landscaped setback of 30 feet shall be provided along Crow Canyon Road frontage. This landscaped area may include the graded slopes along Crow Canyon Road. Landscaping of this frontage shall be consistent with the landscaping along Camino Tassajara within the Sycamore Valley Specific Plan Area. A landscape maintenance easement shall be established along the property's Crow Canyon Road frontages. This area shall participate in a 1972 Act Landscape and Lighting Maintenance district. The at-grade patios shall be supplied with individual hose-bibs. Those hose-bibs may be left in a "roughed-out" stage until such time as the units are put up for individual sale. 6 e 10. 11. 12. 13. A pedestrian circulation plan shall be submitted as part of the Project Landscape and Irrigation Plan submittal. The plan shall include section details of the pathway system and a detailed pedestrian walkway lighting plan. A connection shall be extended through the Tassajara View Drive landscape frontage which aligns with the center entry driveway which will serve the commercial property of the north. Signs established at entrances to the project for identification purposes shall be subject to review and approval as part of the Project Landscape and Irrigation Plan submittal, as regards location, copy and design. Handicapped ramps and access as required by Title 24, State of California, shall be provided (parking and walkways serving on-site recreational facilities). Handicapped parking stalls appropriately signed, shall be detailed evenly throughout the project with their location and design subject to review and approval as part of the Project Landscape and Irrigation Plan submittal. The entry trellises at the two project entry driveways and the trellises at the proposed Building Groups shall be designed with heavy wooden members and be of a consistent design theme, complimentary to that of the main structures. The trellis designs shall be subject to review and approval by the Planning Department as part of the Project Landscape and Irrigation Plan submittal. The precise number and location of trash enclosures developed for this project shall be subject to review and approval by the Planning Department as part of the Project Landscape and Irrigation Plan submittal. A 10' x 12' minimum dimension concrete apron shall be provided at the front of each enclosure. The inside perimeter of the enclosure shall be developed with a raised concrete lip to serve as a wheel stop for the metal trash containers. Landscaping treatment along the property frontages shall be of an intensity, planting palette and general design which is compatible with that planned for development by surrounding projects. Special treatment at the northwest and northeast corner 7 De corners of the project shall be provided in concert with the efforts of the commercial property to the north to provide a coordinated entry statement along Tassajara View Drive. Sheets L-2 and L-3 of the application submittal cited in Condition # A.l.a above are not approved as submitted as regards lighting fixture layout and design. A revised plan shall be prepared and submitted for review and approval by the Design Review Board. Architecture Ail ducts, meters, air conditioning and/or any other mechanical equipment shall be effectively screened from view with landscaping or materials architecturally compatible with the main structure. Plans for the units in the project shall be substantially as submitted and approved by the Design Review Board on March 13, 1988. Any deviations or additions to these plans may, at the discretion of the chief of Planning, be referred back to the Design Review Board for consideration and approval. Prior to the issuance of building permits, samples of final colors and materials selected for all single family structures shall be submitted tot he Planning Department for review and approval. Ail development and construction on the site shall be consistent with Danville's Residential Development Standards. Se Roof materials used in this project shall be Class A/B materials. Full handicap access compliance as per Title 24 shall be observed, including parking areas and access to residences. Additional changes to the project architecture shall be made pertaining to: 1) the possible addition of cloth awnings, 2) the possible use of a wider facia board and 3) the painting option for project trim. The changes shall be subject to Planning Department review and approval at the time plans are submitted for building permit review. 8 Eo Grading Any proposed off-site grading shall be subject to review and approval by the City Engineer prior to the recordation of the Final Map. Such grading requires written approval, submitted to the City Engineer, of all affected property owners. 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. The developer shall follow all the recommendations contained in the specify soil report title and geologic study as pr·parted by specific name of firm(s) in the final design and construction of the project. Where soils or geologic conditions encountered in grading operations are different from that anticipated in the soil and geologic investigation report, or where such conditions warrant changes to the recommendations contained in the original soil investigation, a revised soil or geologic report shall be submitted for approval by the Town Engineer. It shall be accompanied by an engineering and geological opinion as to the safety of the site from hazards of land slippage, erosion, settlement and seismic activity. If grading is commenced prior to the issuance of the building permits, a surety or guarantee, as determined suitable by the City Engineer shall be filed with the City to ensure restoration of the site to stable and erosion resistant state if the project is terminated prematurely. Any grading on adjacent properties will require written approval of those property owners affected. Ail grading plans shall be accompanied by erosion control and reve~etation plans. Dust control measures, as approved by the ToWn Engineer shall be followed at all times during grading and construction operations. Construction and grading operations shall be limited to weekdays (Monday through Friday) and the hours from 7:30 a.m. to 5:30 p.m. unless approved in writing by the City Engineer. 9 Fe 10. Grading and land preparation shall be restricted to the period of April 15 to October 15 to minimize erosion and deposition of sediments. All exposed erosive sloped resulting from grading activities shall be hydromulched or otherwise stabilized by project developers each year by October 15. Exceptions may be granted by the City Engineer. 11. The soils engineer shall sign the final grading plans. 12. Under-sidewalk drains shall be provided to allow on-site drainage to be tied in, should the need arise. 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. 21 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 clear of project dirt, mud, materials and debris during the construction period, as is found necessary by the City Engineer. The developer shall be responsible for corrective measures at no expense to the Town of Danville. Construction fencing shall be supplied as required by the City Engineer if determined necessary, to provide public safety. 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 existing public street improvements resulting from project construction shall be r~Daired to the satisfaction of the City Engineer at 10 e full expense to the developer. The developer shall also be responsible for correction of any existing frontage deficiencies along the subject property's frontage. This shall include slurry seal, overlay or street reconstruction if deemed warranted by the City Engineer. Ail improvements within the public right-of-way, including curb, gutter, sidewalks, driveways, paving and utilities, shall be constructed in accordance with approved standards and/or plans and shall comply with the standards established in Title 9 of the City Code. At the time Project Improvement Plans are submitted, the developer shall supply to the City Engineer an up-to-date Title Report for the subject property An emergency vehicle access (E.V.A.) shall be developed from the property's Tassajara Ranch Drive frontage through the southeast corner of the project. The precise design and location of this E.V.A. shall be subject to review and approval by the San Ramon Valley Fire Protection District, the City Engineer and the Police Department. The E.V.A. shall jointly serve as a bicycle and pedestrian access for project residents. Conditions of this approval require the payment of a traffic mitigation fee on a per unit basis to be used for construction of certain roadway improvements within the Town of Danville, the City of San Ramon and unincorporated portions of Contra Costa County, with the specific intent of maintaining a minimum level of service 'D' traffic condition will be maintained at all locations within Danville where traffic improvements are to be funded by the above cited traffic mitigation fees. If this level of service is exceeded at the locations described above, no further Final Maps shall be recorded until the programmed improvement is completed or financially assured. The developer may at his option accelerate payment of the traffic mitigation fees in order to provide the Town with the necessary funding to construct the improvements. At the developer's option, the scope of the study may be expanded to address the feasibility to realign the project's two Tassajara View Drive driveways so they do not align with the proposed truck delivery driveways for the commercial property to the north. If the study shows there will be no adverse imDacts to area circulation and 11 Go no hazard to the general public if the driveways are realigned, then the two driveways may be relocated upon Planning Department's review and approval of the resultant modifications to the project layout. 10. The developer shall participate in the Crow Canyon Road Extension Fee Benefit Area in accordance with City's Joint Exercise of Powers Agreement with County dated February 10, 1987 and any subsequent actions in furtherance thereof. Applicant shall pay to Town the unpaid portions of the Fee Benefit Area fees prior to the issuance of building permits. The developer shall pay the Fee Benefit Area fees in effect at the time of issuance of any building permit and said fees shall be deposited into a separate account entitled "Crow Canyon Road Extension-Area of Benefit" (Account No. 076-000.000-003.019) for transfer to County and reimbursement to Blackhawk. If the amount of the reimbursement to the Crow Canyon Extension Fee Benefit Area is increased beyond $1920, the $5377 average dwelling unit fee is increased by an amount equal to the increase of the reimbursement fee over $1290. The remaining portion of the fee after transfer to the County shall be used for other Circulation-related improvements within the cities of Danville and San Ramon and the County including the grading and drainage costs associated with realignment of the Bettencourt curve. Pursuant to Government Code Section 53077.5, the Town of Danville has established a proposed construction schedule and separate account numbers for all improvements to be made. 11. The developer's Civil Engineer shall develop the expected truck length and turning radius criteria to use the private streets (fire equipment, delivery, garbage or moving trucks, etc.) and design the curb radii accordingly and submit this data and design criteria as part of the Project Improvement Plan submittal. Infrastructure Water supply service for this subdivision shall be provided by the East Bay MuniciDal Utility District in accordance with the requirements of the District. 12 Se 10. 11. Sewer disposal service for this subdivision shall be provided by the Central Contra Costa Sanitary District in accordance with the requirements of the District. Drainage facilities serving this subdivision, maintenance thereof, and easements shall be provided to the satisfaction of the City Engineer and/or the Chief Engineer of the Contra Costa County Flood Control District. 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. Roof drains shall empty onto paved areas, concrete swales, other approved dissipating devices, or into a pipe 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 the property, the minimum storm drain easement width shall be ten feet. Wider easements shall be provided at the direction of the City Engineer if deemed necessary due to size and/or depth. The developer shall comply with all relevant requirements of the Contra Costs County Flood Control District. Written documentation shall be supplied to the City to verify that the District's requirements have been, or will be, met to the satisfaction of the 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. Electrical, gas, telephone, and Cable TV services, shall be provided underground in accordance with the City policies and 13 Ho existing ordinances. Ail utilities shall be located and provided within public utility easements, sited to meet utility company standards, or in public streets. 12. In accordance with Section 92.2006 of the City Ordinance Code, this project shall conform to the provisions of the City Subdivision Ordinance (Title 9). Any exceptions therefrom must specifically be listed in the conditions of approval as contained herein. 13. 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 sloped resulting from grading activities shall be hydromulched or otherwise stabilized by the Subdivider each year by October 15. 14. The developer shall be responsible for the installation of street light standards and luminaries with the design, spacing height, lighting intensity and locations subject to approval by the City Engineer and the Chief of Planning. 15. Storm drains shall be Placed in streets or open space corridors whenever possible and the plan shall be designed so that this can be accomplished without the pipes being excessively deep. 16. Storm drain facilities shall be designed to channel water into natural drainage ways. Outfall lines should be designed to carry water from the edge of developed areas to energy dissipaters at nearby creekbeds in order to minimize erosion that will occur if outlets are placed at the top of slopes. 17. Prior to filing the Final Map, the Developer shall furnish the Town Engineer with letters from EBMUD and Central Contra Costa Sanitary District stating that the Districts have agreed to respectively furnish water service and sewer service respectively to each of the dwelling units in this project. Drainaqe The applicant's Civil Engineer shall do a drainage study and recommend drainage improvements for review and aDDroval by the City Engineer. 14 The study shall determine the nearest adequate downstream drainage facility to which this development can discharge its runoff. The developer shall be responsible for any off-site facilities required to convey runoff to the adequate downstream drainage facility. Ail closed conduit drainage systems shall be designed with self-cleaning flow velocities (not less than 2 feet per second). The public's responsibility for maintenance of drainage facilities shall begin at the first inlet accepting public street drainage. Those storm drains serving only multi-family units or commercial sites are not acceptable as public facilities. Energy Ail units shall contain standard and currently available energy saving devices, and shall be insulated in accordance with Title 24, State of California Administrative Code. All buildings shall be designed to comply with Title 24 Energy Regulations. Exterior lighting fixtures in multi-family areas shall be energy efficient, fluorescent or metal vapor lighting. The recreation area pool shall incorporate use of solar heaters. The developer shall submit documentation that the number, size, location and design at the solar collector panels will suffice to provide adequate pool heating for a reasonable length of time in each calendar year. Heating of the pool may be supplemented by gas heaters. Miscellaneous The Town will contract with a qualified "third party" for the purpose of conducting an independent review and appraisal of the Final Soils and Geotechnical Report for this project. The cost of 15 this review shall be borne by the applicant and will be based on time and materials plus a 1% administrative fee. The developer shall provide the Town all necessary data to facilitate this review prior to the recordation of the initial Final Map or the issuance of grading permits. The initial review will be completed within 3 weeks of submittal of the data, at which time the developer and his soils engineer shall address all comments and re-submit the complete package for final review. Concurrent with the final review, the developer's civil Engineer shall make any necessary changes on the Project Grading Plan which result from the third party review. The developer shall make provisions to address the need for daycare facilities generated by this project by one or more of the following: 1) through setting aside a suitable site for the development of daycare facilities; 2) designing project recreational facilities to accommodate joint usage with daycare (and allowing such a use to occur); 3) payment of a per unit fee to be used towards construction of daycare facilities, 4) participate in a mitigation package established for the overall Tassajara Ranch project (SD 6878) as determined acceptable to the Planning Department, 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. The developer shall confer with local postal authorities to determine the type of mail receptacles that are to be utilized for this project. The developer shall supply a letter to the City which indicates the postal authority's satisfaction with the system chosen prior to the issuance of building permits. The developer shall prepare a preliminary address numbering scheme, reflective of input from the postal authority and the San Ramon Valley Fire Protection District, and shall submit the address plan to the Planning Department for review and approval. 16 Se 0 The developer shall submit a Project Fencing Plan which graphically depicts the locations of various project fencing. This plan shall be accompanied with detailed construction specifications for each of the following types of fencing: a® ce Masonry architectural soundwall along Crow Canyon Road. Heavy wooden fencing with masonary pilasters to match the masonry architectural soundwall adjoining the south perimeter of the property. Standard wooden fencing for ground level patio enclosures. Recretation area fencing. The design and precise citing of the internal "turf block" E.V.A. and hammerhead shall be detailed prior to the issuance of a grading permit. The location shall be shown as it relates to the precise building footprints and grading plan for adjoining Building Groups and shall be subject to review and approval by the Chief of Planning, the City Engineer and the S.R.V.F.P.D. Ail physical improvements shall be in place prior to occupancy of any unit in the project. If occupancy within the project is requested to occur in phases, all physical improvements shall~be required to be in place prior to occupancy except for items specifically excluded in a Construction-Phases Occupancy Plan approved by the Planning Department. No individual unit shall be occupied until the adjoining area is finished, safe, accessible, provided with all reasonable expected services and amenities, and appropriately separated from remaining additional construction activity. The developer shall be responsible for the installation of street signs with the design, materials and location subject to approval by the City Engineer and the Chief of Planning. The project shall be constructed as approved. Minor modifications in the design, but not the use, may be approved by Staff. Any other change will require Planning Commission approval through the Development Plan review process. Should, the units be initially occupied as apartment units, the following reports shall be filed with, and aDDroved by, the city Engineer at the tim~ th~ units are put up for individual sale. 17 10. 11. 12. ae A report by a licensed roofing contractor certifying that the roofs of all the structures are in good condition and not likely to be in need of replacement for at least 10 years. A reserve deposit may be established to cover the estimated prorated costs of roof replacement where replacement will be required prior to 10 years. 0 A report by a professional engineer attesting, to the extent reasonably feasible, that the structure of all building, pavements, storm drainage facilities , and the interior and exterior plumbing, electrical systems, and utility and mechanical equipment to be owned in common, or as part of the individual condominiums, are in good and serviceable condition. Co A report by a licensed painting contractor that paint throughout the project is in good condition and that the building exteriors should not require repainting for at least five years. A reserve deposit may be established to cover the estimated prorated costs for the repainting of units where repainting will be required prior to a 5-year period. A report by a licensed termite and pest control specialist certifying that the structure are free of infestation and structural damage by pests. Should the units be initially occupied as apartment units, all appliances shall either be replaced with new units or the initial buyers provided with a one-year's parts and warranty guarantee on all appliances. Based upon mitigation measures contained in the Dougherty Road General Plan Amendment Study EIR, the developer shall prepare and submit an acoustical study addressing noise mitigation along Crow Canyon Road for review and approval by the City Engineer prior to the issuance of building permits. The developer shall comply with the recommendations contained in any such noise analysis. Any water well, cathodic protection well, or exDloratory boring shown on the may, that is known 18 to exist, is proposed, or is located during the course of field operations, must be property destroyed, backfilled, or maintained in accordance with applicable groundwater protection ordinances. The Health Services Department of Contra Costs County should be contacted (415/371-4200) for additional information. 13. A minimum of two parking spaces at each trellis shall be designated for short term parking to serve as parking for resident mail pick-up form the mail boxes built into these trellises. 14. Unless specifically modified by these conditions of approval, the subject project shall remain subject to the conditions established for PUD 86-3 and SD 6878 (City Council Resolution 9-87). Particular attention should be made to the following conditions from that approval document; F.7 (regarding Camino Tassajara improvements), F.8 (regarding Crow Canyon Road improvement), F.9 (regarding provision of bus turnouts), H.3 (requiring preparation of a traffic study addressing traffic signalization needs at full buildout of SD 6878), H.4 (regarding signalization at Camino Tassajara and Crow Canyon Road), and H.8 (regarding development of an Alamo Creek Watershed protection plan). 15. Conditions of this approval may require the developer to install public improvements on land neither the developer, nor the Town, has easement rights to allow the improvements to be installed on Developer shall be responsible for acquisition of the necessary easements either through private negotiations or by entering into an agreement with the Town and assume all responsibilities for acquisition pursuant to the Town's authority for condemnation. Such acquisitions shall be commenced prior to the developer's submittal of any final map. All costs associated with such acquisition shall be borne by the developer. 16. Abutter's rights of access along Crow Canyon Road shall be relinquished by way of recordation of a deed prior to the issuance of building permits. The relinquishment shall include the right of way returns of the affected subdivision. APPROVED BY THE TOWN OF DANVILLE PLANNING COMMISSION ON July 25, 1988 Principal pkgm22 19 Date