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HomeMy WebLinkAboutPUD 88-06 EXHIBIT A FINDINGS AND CONDITIONS OF APPROVAL PRELIMINARY AND FINAL DEVELOPMENT PLAN FOR PUD 88-6 TENTATIVE MAP 7162 DYNES COURT TOWN VILLAS FINDINGS The Town of Danville hereby finds as follows in support of the Preliminary and Final Development Plans and the Tentative Map: The proposed planned unit development is consistent with the Danville General Plan and the Preliminary Development Plan with regards to Land Use and density. 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 Town. The previously certified EIR prepared for the Danville 2005 General Plan and a Negative Declaration prepared for the project fully discuss potential impacts associated with development of the site, satisfying the requirements of the California Environmental Quality Act. The proposed site is physically suitable for the proposed density. The design of the proposed project and the proposed 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 occurred previously. The design of the proposed project and proposed improvements are not likely to cause public health problems because water and sanitary facilities services will be available to the proposed parcels. The design of the proposed project and proposed improvements will not conflict with easements, acquired by the public at lC large, for access through or use of, property within the proposed subdivision. 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. General Provisions This approval is for a multiple family apartment-condominium residential development of a maximum of 63 units with ancillary private recreation facilities. Development shall be substantially as shown on the project drawings and project descriptions as follow, except as may be modified by conditions contained herein; Se Project drawings (Site Plan, Floor Plans, Cabana Building Plan, Exterior Elevations (bldg. Types 3 & 5), Exterior Elevations, Site Amenities and Details, Architectural Details, and Site Lighting Plan) consisting of twelve sheets, prepared by Randolf Finn & Associates printed July 28, 1988 and dated received by the Planning Department July 29, 1988. bo Tentative Map 7162 and Preliminary Grading Plan entitled Dynes Court Town Villas prepared by DeBolt civil Engineering and dated received by the Planning Department July 26, 1988. Ce Conceptual Landscape Plan for Dynes Court consisting of three sheets, prepared by Borrecco/Kilian & Associates dated revised July 12, 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 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 (i.e., drainage area 10 fee) as established by the Contra Costa County Flood Control District. 2C Prior to the issuance of grading or building permits, the developer shall submit written documentation that all requirements of the San Ramon Valley Fire Protection District and the San Ramon Valley Unified School District have been or will be, met to the satisfaction of these respective agencies. The Fire District's initial comments on this project state that a vehicular turnaround is required at the northwest corner of the project. Consideration of acceptable alternatives to this requirement shall be reviewed and approved by the Chief of Planning (e.g., sprinklers, increased turning radius, rolled curbs, etc.). 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 appropriate mitigation 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 (Mondays through Fridays) during the hours from 7:30 a.m. to 5:30 p.m., unless otherwise approved in writing for emergencies 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 a final project Phasing Plan which addresses off-site improvements to be installed in conjunction with each phase, and on-site lighting, landscaping and fencing. Erosion control for undeveloped portions of the site, provision of temporary vehicular turnarounds and phasing of project grading shall also be addressed on the plan. The phasing plan shall be subject to the review and approval of the City Engineer and Chief of Planning. Except as provided for within these conditions of approval, land use regulations pertaining to this proper%y shall be az provided in the M-29; Multiple Family Residential District. 3C Be The Tentative Map lot lines currently reflect the footprint of the structures and the patios. The map shall be redrafted to reflect Building Code requirements. The site plan shall be revised to reflect recommendations contained in the Staff Study dated August 8, 1988 which includes, but is not limited to the following modifications: deletes one unit, deletes five parking spaces, adds landscape islands, provides increased back-out space for parking stalls, increases turning radii, and provides 26' width aisles in certain locations. 10. The Tentative Map approval is contingent upon approval of PUD 88-6. Site Planning The following two units shall be deleted from the site plan; one unit in Building Group 3 and one unit in Building Group 5. The specific units to be deleted shall be reviewed by the Planning Department for conformance with the Conditions of Approval contained herein. Exterior lighting shall be down-directed and 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 project light fixtures shall be reviewed and approved by the Planning Department. 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 Plans cited in Condition A.i., with the following minimums; -Frontage Wall (Primary Face) (Planter box wall shall be 5' from property line) -Building Appurtenance-to-Building Appurtenance Separation (i.e. decks, fences, patios and stairways.) -Builidng-to-Building S~paration 4C 10' minimum 20' minimum 20' minimum (except between Units 43 & 45 and Units 13 & 15 where it shall be 25') -East sideyard for the Building Group on Lot 4-to-parking structure (measured at face-of-curb) 15' minimum -West side yard for the building group on Lot 5 to face-of-curb 15' minimum -South side yard setback for the building group on Lot 1 (in order to save existing trees) 20-25'minimum Covenants, Conditions and Restrictions (CC&R's), Articles of Incorporation and By-Laws for a mandatory homeowner's association (HOA) 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 Town shall be granted the right but not the duty of enforcing any provisions contained 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 Town 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: Se 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. The Association shall keep the Town Planning Department informed of the current name, address, and phone number of the Association's official representative(s). Co The Association shall contract with, or be advised by (as to how to handle maintenance operations), a professional management firm. The pool amenities, Danville Boulevard frontage improvements and frontage landscaping (including the wall) shall be constructed within the first phase of development. 5C 10. 11. 12. 13. Unit 41 (TH-2) on the Tentative Map shall be deleted in order to provide adequate separation and setbacks for Lots 4&5 (see Condition B.3.), to provide adequate sight distance at the corner of unit 38 and to provide 26' driveways at two locations (see Staff Study). The play structure to be located on the playground shall be subject to review and approval by the Planning Department. The use of a security gate at the project entry is specifically disallowed under this entitlement. Ail transformers shall generally be located to the side or rear of the units and shall not be located along Danville Boulevard. The exact location of the transformers shall be subject to review and approval by the Planning Department and shall be screened from view in the common open areas to the satisfaction of the Planning Department. A minimum of 10' of landscaping shall be provided adjacent to the sidewalk at the rear of Units 61 & 62. The patio fence corners for these units and Unit 64 shall be clipped to be consistent with the other fence layouts in the project. The pedestrian path areas leading to the rear of the units shall be increased to a minimum width of 5' with intermittent spacing of 1' square planter pockets which are to be planted and maintained with spreading vines. The project CC & R's shall prohibit the outdoor storage of materials in these rear entry areas. The rear patio fence designs shall be modified in these areas to provide lower fencing or combinations of standard fencing with open lattice to reduce the "tunneling" effect and the apparent height of the fences. The final design of these fences and landscaped areas shall be subject to review and approval by the Planning Department. The developer shall diligently pursue the necessary approvals to allow for the installation of the proposed improvements (shown on the project plans listed in A.1.) within the 10' easement located adjacent to the north property line of the site (owned by the Rubicon Homeowner's Association). The developer shall install a 7' solid wood fence along %he no~%h ~id~ of the l0t ~a~m~nt. The fence design shall be subject to Planning Department 6C approval. If an agreement with Rubicon Homeowner's Association cannot be reached to allow construction of the fence on the north side of the 10' easement, the developer shall demonstrate a diligent effort to secure permission to repair the existing fence to a satisfactory condition. 14. The car wash stall in the northwest corner of the site shall be increased in size to 11' by 22' in order to create a back-up area for trash pick-up vehicles serving the adjoining trash enclosure. 15. The handicapped stall located adjacent to the playground area shall be relocated two spaces to the south to allow the handicapped ramp to also function as the sidewalk and to allow the creation of a landscaped island at the end of the parking aisle. Landscaping 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. All species and size of existing trees to remain and those to be removed shall be shown on the Final Landscape Plan. Efforts shall be made to preserve the significant existing trees at the southeast corner of the site in addition to those trees currently slated for retention. All landscape plans shall be reviewed by a certified arborist who shall recommend the most appropriate method of construction around all trees to be preserved to ensure their preservation. All significant redwood trees to be removed in the southeast corner of the site shall be replaced with 24" box specimen sized trees. Ail project landscaping shall be served 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 ~tr~t t~ and tr~s located along the Droject driveways and at key locations shall be 24" box. Specifically, The street tree plantings between Lot 3 and Lots 4 and 5 shall include additional canopy 7C 0 e 10. trees that cantilever over the driveway in combination with additional ornamental trees in each landscape area. All other trees shall be a minimum of 15 gallon container size. All trees 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 drought tolerant ground cover or lawn. Use of redwood bark top-dressing should be minimized in the Final Landscape Plan. Ail project fencing and berming shall be located so as to ensure the health and preservation of existing trees shown to be preserved on the Final Landscape Plan and shall be subject to review and approval by a certified arborist. The design, materials, finish and texture of the concrete wall shall be subject to review and approval by the Planning Department. The at-grade patios shall be supplied with individual hose-bibs. 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. Where pedestrian walkways are located adjacent to parking, a minimum clear width of 3' shall be maintained The project identification sign to be located at the entrance to the project shall be substantially as shown on Sheet 11 of the project drawings and shall be subject to detailed review and approval as part of the Project Landscape and Irrigation Plan submittal, as regards to size, location, copy and final design. The sign shall not extend more than 6' above the adjacent pavement grade. Handicapped ramps and access as required by Title 24, State of California, shall be provided (including 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. 8C 11. 12. 13. 14. The primary face of the project frontage wall along Danville Boulevard shall be setback a minimum of 10' from the property line. The lower planter box shall be setback a minimum of 5' from the property line. Trash service areas for this development shall be re-evaluated so that service is convenient and is provided to all units. One of the proposed trash enclosures shall be relocated away from the abutting Rubicon Development. The location of trash areas 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 with a 6" section 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. The enclosures shall include a self-closing latched gate. The design of the trash enclosures shall be architecturally compatible with the project architecture and shall include masonry. The trash enclosure located along the north property line shall be screened from view of the Rubicon Development with specimen sized trees and landscaping. Landscaping treatment along the property frontage shall be of an intensity, planting palette and general design which is compatible with that planned for in the Streetscape Beautification Guidelines and surrounding projects. The existing three oaks and one pine tree located along Danville Boulevard shall be preserved and integrated into the streetscape design along the property frontage. Additional street trees shall supplement these existing trees. The plant materials in the planter boxes shall be embellished from what is shown on the conceptual landscape plan. Keyed gates which are architecturally compatible with the project frontage wall shall be installed at the northeast and southeast corners of site to preclude off site pedestrian traffic from entering the project. An evergreen, fast-growing landscape screen made up of specimen sized trees shall be planted along the southwest corner of the project to screen the project from high school activity fields. If this method of screening is determined by the Chief of Planning to be insufficient after the project is built, the owner of the project shall be responsible for constructing a net or other acceptable method of screening along the boundaries of the site. Provisions for construction of this screen shall be included in the C.C & R's for the project. 9C De 15. The developer shall participate in a transplantation program for existing trees at the time of construction if such a program has been established by the Town. The developer shall not be responsible for the costs associated with the transplanting of the trees· 16. A minimum of 5' of landscaping shall surround the pool and cabana area. An average width of 10 feet of decking shall be supplied around the pool. The final design of the pool and open space area shall be subject to review and approval by the Planning Department. 17. The twelve existing poplar trees located on the north boundary of the site shall be replaced with 24" box tree specimens that will provide an adequate visual buffer between the entire common property line of this project and the Rubicon development located to the north. Architecture Ail ducts, meters (including gas and electrical), air conditioning and/or any other mechanical equipment shall be effectively screened from view with landscaping or materials architecturally compatible with the main structure. This equipment shall be landscaped and architecturally treated and screened to blend with the project architecture and shall be shown on the Final Landscape Plan. Plans for individual buildings in the project shall be substantially as submitted and approved by the Design Review Board on July 7, 1988 as referenced in Condition A.1. The final project architecture shall be subject to review and approval by the Planning Department for conformance with the approved plans. 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 structures shall be submitted to the Planning Department for review and approval. Composite pressed board siding or similar products containing such materials shall not be used on this project unless a specific alternate material is approved by the Design Review Board. Ail development and construction on the site shall be consistent with Danville'~s Residential Development Standards. 10C Se Ail chimney caps shall be as shown on Sheet 5 of the project drawings listed in Condition A.1. The project shall include a 200 square foot (minimum size) common use recreation building which shall have kitchen facilities. Gradinq 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 prepare and follow all the recommendations contained in a project specific soils report and geologic study for 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, or where such conditions warrant changes to the recommendations contained in the original soil investigation, a revised report shall be submitted for review and approval by the City Engineer. 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 a stable and erosion resistant state if the project is terminated prematurely. 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. Ail street signing shall be installed by the developer as required by the Town. This shall include, but is not necessarily limited to "Private Street", "Stop", "No Parking", "Not a Through llC Street", and street name signs. Traffic signs and parking restriction signs shall be approved by the Engineering 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 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. Any damage to existing public street improvements resulting from project construction shall be repaired to the satisfaction of the City Engineer at full expense to the developer. The developer shall also be responsible for correction of any existing frontage deficiencies along the subject property's frontage. 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. The developer shall be responsible for the installation of public improvements within Danville Boulevard along the frontage of the subdivision. The improvement plans shall match the existing street widths along adjacent portions of Danville Boulevard and shall be subject to review and 12C Ge approval by the City Engineer. Ail improvement plans shall be prepared by a registered Civil Engineer and shall include street paving, curb, gutter, sidewalks, street lighting and pavement transitions as necessary. The developer shall contribute a $20,000 towards the signalization improvements of the following intersections. The fee shall be payable upon Final Map approval. - Danville Boulevard & E1 Cerro Boulevard - LaGonda Way & E1 Cerro Boulevard - 1-680 northbound & E1 Cerro Boulevard - 1-680 southbound & E1 Cerro Boulevard Pursuant to Government Code Section 53077.5, the Town of Danville shall establish a proposed construction schedule and separate account numbers for all improvements to be made, prior to recordation of a final map for the project. 10. The developer's Civil Engineer shall develop the expected truck length and turning radius criteria to use for 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. However, if substantiative changes to the site plan that results in the loss of landscaping, parking and unit deletions (beyond 62 units) are necessary in order to achieve the appropriate radii, the site plan shall be referred back to the Planning Commission. Infrastructure Water supply service for this subdivision shall be provided by the East Bay Municipal Utility District in accordance with the requirements of the District. 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. 13C 10. 11. 12. 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 mfnimum 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. The developer shall furnish proof to the city Engineer of the acquisition of all necessary rights of entry, permits and/or easements for the construction of off-site temporary or permanent road and drainage improvements. Electrical, gas, telephone, and Cable TV services, shall be provided underground in accordance with the City policies and existing ordinances. All utilities shall be located and provided within public utility easements, sited to meet utility company standards, or in public streets. These utility lines shall be located in such a manner so as to preserve existing trees shown to be preserved on the Final Landscape Plan. 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 be specifically listed in the conditions of approval as contained herein. 13. The developer shall be responsible for the installation of street light standards and luminaries along Danville Boulevard with the design, spacing, height, lighting intensity and locations subject to review and approval by the City Engineer. 14. 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. Drainaqe The applicant's Registered Civil Engineer shall prepare a site specific drainage study and recommend drainage improvements for review and approval by the city Engineer. The study shall address on-site drainage and discharge to public drainage facilities on Del Amigo Road. The developer shall be responsible for installation of all facilities and acquisition of off-site easements deemed necessary for the conveyence of drainage to the nearest adequate public facility. 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. 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. Landscape design shall incorporate use of solar shading for south- and west-facing walls, to the extent practical. 15C Je The recreation area pool and spa shall incorporate use of solar heaters. The location, number and design shall be subject to review and approval by the Planning Department. 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 Prior to recordation of the Final Map, the developer shall fund a study addressing the need for day care facilities generated by this project. The developer shall make provisions within the project to address the need for day care facilities generated by this project by setting aside a suitable site for the development of day care facilities, designing project recreational facilities to accommodate joint usage with day care (and allowing such a use to occur), payment of a per unit fee to be used towards construction of day care facilities, or other alternatives determined to be acceptable to the Town of Danville. Development of a day care facility within the project shall require approval of a Land Use Permit. 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 and the Planning Department to determine the type of mail receptacles that are to be utilized for this project. The design and placement of the mail boxes shall be compatible (i.e., wood) with the project architecture and shall be reviewed and approved by the Planning Department. Provisions for short term parking adjacent to the mailboxes shall be provided to the extent practical. The developer shall supply a letter to the Town 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. Ail physical improvements shall be in place prior to 16C 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 approved by, the City Engineer at the time the units are put up for individual sale. 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. be 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. 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 17C 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. de A report by a licensed termite and pest control specialist certifying that the structure are free of infestation and structural damage by pests. Abutter's rights of access along Danville Boulevard shall be relinquished by way of recordation of a deed prior to the issuance of building permits or shown on the Final Map. The relinquishment shall include the right of way returns of the affected subdivision. The developer shall mitigate the impact of additional stormwater runoff from this development on the San Ramon Creek watershed by either of the following methods: 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 offsite by the developer at his cost. The site selection, land rights, and construction staking will be determined by the Flood Control District. OR, AT THE OPTION OF THE DEVELOPER, Contribute to the County Deficiency Development Fee Trust (Fund No. 812100-0800) a drainage fee of $0.10 per square foot of new impervious surface area created by the development. Within 12 months of receipt of the contribution, the Flood Control District will use the monies to implement the subject improvements. The added impervious surface area created by the development will be based on the Flood Control District's standard impervious surface area ordinance. APPROVED BY THE TOWN OF DANVILLE TOWN COUNCIL ON SEPTEMBER 8, 1988 pc~ml 3Kevin Ga~e~,~~ Princip Planner Date 18C