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HomeMy WebLinkAbout90-10RESOLUTION NO. 90-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING A PRELIMINARY DEVELOPMENT PLAN FOR PUD 89-4, REZONING A 35.16 ACRE SITE TO DEVELOP THIRTY-NINE SINGLE FAMILY RESIDENTIAL LOTS WHEREAS, Providence Development Corporation has requested approval of a Preliminary Development Plan rezoning the site from A-2; General Agricultural District to P-l; Planned Unit Development District to develop a 39 lot single family residential project on a 35.16 acre site; and WHEREAS, the subject site is located on the south side of Camino Tassajara, at Sherburne Hills Road and is identified as Assessor's Parcel Numbers 207-061-022, -023 and 217-010-009, -018, -020, -023, & -024; and WHEREAS, the Town of Danville P-l; Planned Unit Development District Ordinance requires approval of a Preliminary Development Plan to rezone a site from A-2; General Agricultural District to a P-l; Planned Unit Development; and WHEREAS, the Planning Commission did review the project at noticed public hearings on February 27, 1990 and April 10, 1990; and WHEREAS, the proper notice of this request was given in all respects as required by law; and WHEREAS, a staff report for both meetings were submitted recommending that Planning Commission approve the request; and WHEREAS, the Planning Commission did hear and consider all reports, recommendations, and testimony submitted in writing and presented at the hearing; NOW, THEREFORE, BE IT RESOLVED THAT the Planning Commission of the Town of Danville recommends the Danville Town Council approve a Mitigated Negative Declaration of Environmental Significance and approve the Preliminary Development Plan per the conditions contained herein; and BE IT FURTHER RESOLVED THAT the Planning Commission makes the following findings in support of the Preliminary Development Plan: The proposed Planned Unit Development is consistent with the Danville 2005 General Plan. Page No. 1 of Resolution No. 90-10 The applicant proposes to commence construction within two and one-half years from the effective date of the zoning change and preliminary development plan approval. The planned unit development will constitute a residential environment of sustained desirability and stability, and will be in harmony with the character of the surrounding existing neighborhood and the ultimate development planned for the subject area. The development of a harmonious, integrated plan justifies exceptions from the application of the R-10 and R-40; Single Family Residential Zoning District regulations. The development will mitigate off-site traffic impacts through assurance of off- site improvements in a manner acceptable to the Town. Project conditions will serve to mitigate potential significant environmental impacts identified in the Mitigated Negative Declaration of Environmental Significance prepared for this project. CONDITIONS OF APPROVAL A. GENERAL This approval is for preliminary development plan approval for a maximum of 39 lot single family residential development identified as "Lasata". Development shall be subject to further detailed review by way of submittal and processing of a Final Development Plan and accompanying Subdivision Map. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; ao "Preliminary Development Plan - Lasata" prepared by DK Associates dated received by the Planning Division on April 3, 1990. "Preliminary Architectural Drawings" consisting of 13 sheets prepared by Dahlin Group dated received by the Planning Division on February 22, 1990. Co "Conceptual Grading Plan" prepared by Parsons, Rourke and Walker dated received by the Planning Division by February 6, 1990 Page No. 2 of Resolution No. 90-10 o 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 Child Care fees 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 to the satisfaction of these respective agencies. 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 Planning Division 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, delivery of construction materials, and warming up of grading and 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 by the City Engineer. If determined necessary by the City Engineer, the project developer shall provide security fencing around parts or all of the site during construction of the project. All physical improvements shall be in place prior to occupancy of any structure in the project. If occupancy within the project is requested to occur in phases, all physical improvements shall be required to be in place prior to occupancy of that phase except for items specifically excluded in a Construction-Phases Occupancy Plan approved by the Planning and Engineering Divisions. No structure shall be occupied until the adjoining area is finished, safe, accessible, provided with all reasonably expected services and amenities, and appropriately separated from remaining additional construction activity. The Final Development Plan submittal for this project shall be accompanied with a draft road maintenance agreements for the units accessed by private roadway networks. The draft road maintenance agreement shall also include maintenance of the project soundwall, project Page No. 3 of Resolution No. 90-10 Bo signage and landscaping not included in the Town Lighting and Landscaping District. ~Ilae draft road maintenance agreements are subject. to review and approval by the City Attorney prior to recordation. SITE PLANNING All new project lighting shall be installed in such a manner that glare is directed away from surrounding properties and rights-of-way. o The individual air conditioning condensers serving each unit in this project shall be ground mounted, shall be located behind residential fencing and shall be situated so as to maintain a minimum 5 feet clear and level passage on side yards. The land uses and minimum dimensional standards and requirements for the principal and accessory structures on Lots i through 29 in the subject project shall be consistent with the R-10; Single Family Residential District standards, as established by the Town Zoning Ordinance, except as follows: no Lots sizes shall be substantially consistent with those shown on the Preliminary Development Plan referenced in Condition #A. 1.a. The minimum lot size (net) shall be 10,000 square feet. A maximum of two lots shall be permitted to have a minimum lot size of 8,500 square feet in Sub-Area Lots 15 through 17. bo The applicant shall submit a Revised Preliminary Development Plan reflecting any modifications to the approved Preliminary Development Plan prior to Town Council action approving the Rezoning and Preliminary Development Plan. Co Front yard setbacks shall be varied and shall observe a minimum setback of not less than 20 feet. do Front yards may be reduced to 15 feet on some units if side-loaded garages are utilized. eo Front yard setbacks on Lots 3 - 12 shall maintain a minimum setback of 25 feet, except where side loaded garages are utilized. On corner lots, the secondary setback (streetside sideyard) shall be a minimum of 15 feet. g. The minimum sideyard setback on Lot 3 may be reduced to 8 feet Page No. 4 of Resolution No. 90-10 at the northwest corner. The public street section approved for "A Court" and the interior portion of Sherburne Hills Road shall contain 32 feet of pavement section with two 12 feet travel lanes, 8 feet parking (one side only) and 4.5 foot sidewalk (one side only), within a 37 foot right-of- way, as depicted on the Preliminary Development Plan. Setbacks shall be measured from the back of walk where sidewalks exist and from the back of curb on the opposing side. In areas where no sidewalks are present, front yard setbacks shall be a minimum of 25 feet. No building or structure shall exceed two stories or 28 feet above average finished grade. j0 No accessory structures exceeding 6 feet in height shall be allowed within the 15 foot rearyard abutting Camino Tassajara on Lots 3 - 12 unless approval is granted through a variance process. The units on Lots 4 - 10 shall be staggered, as generally shown on the Preliminary Development Plan. For purposes of unit siting, the following criteria shall apply to the single family Lots 1 - 29: On corner lots, the units shall be of a true one story design. (Lot 18, future Lot 1 and 22) bo True one story designed units shall be interdispersed throughout the project. (At a minimum, one additional single story home in the run of lots 5 through 10). The same unit shall not be located next to, or directly across the street from one another. A Driveway/Fencing Plan shall be required for submittal with the Final Development Plan. An exception to the 15 foot minimum setback requirement for secondary sideyard setbacks may be considered for Lot 18 at that time. The fencing plan shall contain information on existing landscaping, fencing, and structures proposed to be retained on Lots 1, 2, 14 and 21 - 24. Lot 21 contains an existing residence that lacks the required covered parking. With submittal of the Final Development Plan, the developer Page No. 5 of Resolution No. 90-10 10. 11. 12. shall indicate the means to supply the two required covered, off street parking spaces. If construction cannot be accomplished on the lot as generally shown on the Preliminary Development Plan, layout for this portion of the project shall be required. The net result could be loss of one lot. Lot 21 is encumbered with an existing Contra Costa County Flood Control storm drain easement. The developer shall provide the Town of Danville proof that the quit claim of the pertinent portion of said easement has been secured to provide for suitable area for construction of 2 covered parking spaces. Future Lots 1/2 and 22/23/24 are currently occupied by one residence on each lot grouping. With the Final Development Plan submittal, the existing front yard fence on Lots 22-24 and any landscaping exceeding 3.5 feet in height existing within the required setbacks shall be depicted for removal. With subdivision of Lots I and 2, the accessory structure located on Lot 2 shall be removed. The Final Development Plan shall cite any existing septic tanks, wells and associated piping on Lots 1, 2, 14 and 21-24. If the existing wells and septic tanks are not located on the specific lots they serve, the facilities shall be abandoned or destroyed per the requirements of the Contra Costa County Health Services Department and the residences shall be required to connect to Central Contra Costa Sanitary District and East Bay Municipal Utility District facilities. The Final Development Plan shall show the relocation and the necessary easements to retain the existing well on Lot 24 for the existing Marquis residence. The relocation of this water line shall not be within the public right-of-way. The land uses and minimum dimensional standards and requirements for the principal and accessory structures on Lots 30 through 39 on the Preliminary Development Plan shall be consistent with the R-40; Single Family Residential District standards, as established by the Town Zoning Ordinance, except as follows: Lot sizes shall be substantially consistent with those shown on the Preliminary Development Plan referenced in Condition #A. 1.a above and shall not be less than 43,560 square feet in size. Page No. 6 of Resolution No. 90-10 13. bo Proposed pad locations, building footprints and associated grading for lots 30 through 33 shall be substantially as shown on the Conceptual Grading Plan referenced in Condition #A.l.c. C0 Proposed pad locations for Lots 34 through 39 excluding Lot 38 shall be substantially as show on the Preliminary Development Plan referenced in Condition #A.l.a d0 Lots 30 - 39 excluding Lot 38 shall be developed with a minimum three car garage and 3 car driveway aprons. The Final Development Plan and Subdivision Map submittal for this project shall incorporate the following design modifications for lots 30 through 39. A hammerhead turn around shall be developed to serve lots 32 and 33 at the end of the private roadway easement 0e, onto Lot 33). Any slide correction work necessitated by this design modification (on-site or off-site), shall be the responsibility of the developer and shall be done no later than the occupancy of the initial residence developed on Lots 32 and 33. Cost estimate of this work shall be submitted as part of the project improvements plans, with cost of the work to be covered as part of the project's subdivision improvement agreement. b0 A 25 foot minimum width access easement, generally centered along the private roadway easement serving Lots 32 and 33 shall be provided extending from the existing 50 foot private road easement (Sherburne Hills Road) through Lots 31-33 to the hammerhead turn around located generally at the lot line of Lots 32 and 33. C0 A 25 foot Emergency Vehicular Access Easement (EVA), as depicted on the Preliminary Development Plan, shall be provided extending from the hammerhead turn around, at Lots 32 and 33, to the west side of the Archibald property. Prior to Final Development Plan and Tentative Map approval of the subject property, the developer shall provide the City Attorney with documentation that legal right of reciprocal access is provided to the Archibald property. An easement and maintenance agreement shall not be exercised until tentative map approval is secured for the Archibald property. The easement agreement shall include authorization to Page No. 7 of Resolution No. 90-10 Co perform all off-site work necessary to extend the access to the Archibald property. The agreement shall be subject to review and approval by the City Attorney. do A hammerhead turnaround shall be developed for Lots 36 and 37 to be reviewed with the Final Development Plan and Subdivision Map submittal. 14. The Final Development Plan and Subdivision Map submittal for this project shall incorporate an interim circulation plan satisfactory to the Town of Danville and the property owner for the Akabani Nursery property (APN: 217-010-008). The developer shall provide the Town with documentation that the property owner is agreeable to the circulation plan. The Town of Danville is supportive of maintaining the current access rights to the Akabani site with modification of the northerly most driveway being limited to a right turn exit motion only. 15. The Final Development Plan and Subdivision Map submittal shall include provisions for a 20 feet: wide Emergency Vehicle Access Easement from Sherburne Hills Road through Lot 30 in a westerly direction to the Gates parcel (APN: 207-061-007). 16. The precise pad locations and associated grading for Lots 34 through 39, excluding Lot 38, shall be reviewed as part of the Final Development Plan submittal. LANDSCAPING The Final Development Plan and Subdivision Map submittal for this project shall include Landscape and Irrigation Plans (with planting shown at 1"=20' scale for detailed areas, over all plans shall be at 1"=40' scale) shall be submitted for review and approval by the Planning Division with the Final Development Plan. 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. The landscape plans shall include details and specification of the architectural soundwall to be installed along the Camino Tassajara frontage approximately 23' from the face of curb. The soundwall shall be a private facility, with maintenance responsibility lying with the private individual homeowner's. o All plant material shall be served by an automatic underground irrigation system and maintained in a healthy growing condition. Page No. 8 of Resolution No. 90-10 10. 11. 12. The Final Development Plan shall identify through a separate parcel, the area at the northwest side of Sherburne Hills Road that is to be maintained by the Town Lighting and Landscape Maintenance District. All street trees and trees within the entry and the median areas shall be a minimum of 15 gallon container size and properly staked. Shrubs not used as ground cover shall be a minimum of 5 gallons is size. All landscaped areas not covered by shrubs and trees shall be planted with live, drought tolerant, native species ground cover. Existing trees on the site shall be preserved to the extent practical. Removal will be allowed only upon prior written approval from the Planning Division. Existing trees and vegetation within the Sycamore Creek shall be preserved to the greatest extent practicable. Removal of the vegetation will be allowed only upon receipt of written approval of the Town of Danville. Street trees shall be supplied at a ratio of two trees per lot. The type of trees utilized shall be subject to review and approval by the Planning Division. The Final Development Plan submitted for this project shall include details of focal/decorative project landscaping in the area adjacent to the Sherburne Hills Road bridge and a revegetation plan for the creek area. Installation of the soundwall and landscaping along the Camino Tassajara frontage shall be completed prior to occupancy of any units along Camino Tassajara. The developer shall diligently pursue rights to provide off-site landscaping at the northeast side of Sherburne Hills Road along the entry drive (affects the Akabane property APN: 217-010-008). If the necessary releases cannot be secured, development of this area shall be part of future development of that site and costs to be borne by the developer of that site. The design and materials shall be consistent with the landscape plan on the northwest side on the entry drive. The developer shall be responsible for the installation of a water meter to serve the landscape area along Camino Tassajara and the entry landscape which will be included within the Town Landscape and Lighting Maintenance District. Page No. 9 of Resolution No. 90-10 13. The Final Landscape Plan shall include selective tree screening behind Lots 5 through 10 along Camino Tassajara to further buffer the visual impact of the residences from Camino Tassajara. ARCHITECTURE All ducts, meters, air conditioning and/or any other mechanical equipment whether on the structure or on the ground shall be effectively screened from view with landscaping or materials architecturally compatible with the main structure(s). All units developed in this project shall be designed in accord with the following criteria: a0 All four exterior elevations of each unit or building group 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. b. Rollup garage doors shall be utilized and be operated by an automatic garage door opener. All window frames shall be of wood, bronze or other colored anodized aluminum. Mill finish aluminum window frames are not permitted. Tinted (non-reflective) glass is preferred where solar heat gain is a concern and where windows cannot be shaded by either overhangs, awnings or landscaping. Minimum eave projections shall extend at least 18 inches from the exterior building walls. The minimum size fascia shall be 8 inches. Whenever possible, additional relief shall be provided to create shadow lines or other architectural interest. 7. All building designs shall incorporate gutters and downspouts. 8. No roof mounted mechanical equipment of any kind shall be permitted. The final architectural design shall be subject to review by the Design Review Board prior to approval of the Final Development Plan and Tentative Map for the project. Page No. 10 of Resolution No. 90-10 Eo 10. The Final Development iPlan submittal for this project shall include design information for all project signage proposed for use in this project. 11. The Final Development Plan submittal for this project shall include design information for all project lighting to be developed in this project (i.e., lighting for internal ancl perimeter roadways, parking areas, pedestrian trail system areas, recreation areas and for security lighting for individual units). 12. Lots 30 through 39, excluding Lot 38, are located within a Town Identified Scenic Hillside Area. Development of these lots are subject to Design Review Board and a Minor Development Plan approval. The pad location and building footprints for Lot 30 through 33 are approved as part of this preliminary development plan. 13. The residences proposed for future development on Lots 1, 2 and 22 through 24 shall match the product type approved for the entire project. If a different architectural design is proposed, it shall be consistent with the overall theme of the project and will require Design Review Board Approval. 14. Prior to the issuance of building permits, samples of final colors and materials selected for each individual structure shall be submitted to the Planning Division for review and approval. The use of masonite, pressboard as exterior siding, or their equivalent, is expressly prohibited. 15. Development shall be consistent with Danville's Residential Development Standards. 16. The street number of the buildings shall be posted so as to be easily seen from the street at all times, day and night. GRADING Any grading on adjacent properties will require written approval of those property owners affected. 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. Development shall be completed in compliance with a detailed soils report and the construction grading plans prepared for this project. The soils Page No. 11 of Resolution No. 90-10 11. 12. report shall contain specific recommendations for foundation design of the building. The engineering recommendations outlined in the project specific soils report shall be incorporated into the design of this project. Where soils or geologic conditions encountered in grading operations are different from that anticipated in the soil report, a revised soils report shall be submitted for review and approval by the Town Engineer. It shall be accompanied by an engineering and geological opinion as to the safety of the site from settlement and seismic activity. Any revised soils reports shall be subject: to a third party consultant review. All expenses of that review shall be incurred by the developer. All proposed grading shall be carried out in accordance with the "Grading and Erosion Control Requirements" as set forth in the Sycamore Valley Specific Plan and the Town of Danville Grading Ordinance. Prior to Subdivision request on the four proposed parcels on the Daniels property (APN: 217-010-018), all reparative work (including the repair of the private roadway) relative to existing on site slides tied to Town Grading Permits #844 and #0802, shall be completed to the satisfaction of the Towns Grading Inspector and City Engineer. 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 the developer by October 15. All grading plans shall be accompanied by erosion control and revegetation plans. Said plans shall be prepared consistent with Grading and Erosion Control requirements set forth in the Sycamore Valley Specific Plan. The soils engineer shall sign the final grading plans. Each lot shall be so graded as not to drain on any other lot or adjoining property prior to being picked up by an approved drainage system. The developer shall confer with the City Engineer prior to the preparation improvement plans in order to determine appropriate measures to convey rear yard and downspout drainage of the lots within the project. The Town of Danville,. shall contract with a qualified "third party" consulting firm for the purpose of conducting an independent review and appraisal of the final ~oil~ and geoteehnieal report and the rcvi0ed plan Page No. 12 of Resolution No. 90-10 prepared for this project to determine if Lots 30-39 are buildable as proposed. The cost of this review shall be borne by the developer and will be based on time and materials plus a 1% administrative fee for the Town. Upon completion of the review, the developer and his soils engineer shall address all comments and resubmit the complete package for final review. Concurrent with the final review, the developer's engineer shall make any necessary changes and resubmit the complete package for final review. In the event the Town Engineer concludes, from analysis of all pertinent information, that the site or portions of the site are unsuitable for development, the Tentative Map and Final Development Plan shall be referred back to the Planning Commission for reconsideration. If further soils investigations determine Lot 30 to be undevelopable because of existing landslides, provisions shall be addressed requiring the ~developer to form a Homeowner's Association or other appropriate entity to provide for the maintenance and liability of this site. The area shall not be incorporated into another lot to become the sole responsibility of one property owner. 13. All existing slides shall be identified and repaired prior to development of lots in Area B, with the exception of Lot 30. If Lot 30 can be developed with a safe building site outside of the slide area as depicted on the Preliminary Development Plan to the satisfaction of an additional "third party" review (based on relocation of the pad subsequent to the previous review conducted by Rogers/Pacific on November 3, 1989), no slide repair will be required 'with the development of Lot 30. STREETS The developer shall obtain an encroachment permit from the Engineering Division prior to commencing any construction activities within any public right-of-way or easement. Street signing shall be installed by the developer as may be required by the City Engineer. Traffic signs and parking restriction signs shall which may be required to be installed shall be subject to review and approval by the Police 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 State of California, Title 24 and as may be required by the City Engineer. Page No. 13 of Resolution No. 90-10 10. 11. 12. This development shall be provided with a safe and effective circulation system for bicycles and pedestrians and shall be reviewed by the Planning Commission with the Final Development Plan. 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. All improvements within the public right-of-way, including curb, gutter, sidewalks, driveways, paving and utilities, shall be constructed in accordance with approved standards and/or plans and shall comply with the standards established in Title 9 of the City Code. 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 Final Development ]?lan and Subdivision Map submittal shall verify the alignment of Sherburne Hills Road to the satisfaction of the City Engineer. The developer shall be responsible for the design and construction of the traffic signal at Sherburne Hills Road and Camino Tassajara. The signal shall be operational prior to occupancy of any residential units within the proposed project. The installation of this facility appears to benefit properties not under the control of the subdivider. Per Town Ordinance No. 76-85, the subdivider may apply to Town Council for the creation of a benefit district whereby the subdivider may receive reimbursement from properties benefiting from the improvements, but not participating in the construction costs. The Town staff will assist in the processing of the necessary documents and support the creation of a benefit district based upon an equitable distribution of costs. The Final Development Plan submittal for this project shall incorporate details for the end of pavement of Sherburne Hills Road at the abutting parcel to the east (Akabane APN: 217-010-008). Abutter's rights of access along the project's Camino Tassajara frontage, except for the intersection area shall be relinquished to the Town. Convey to the Town, by offer of dedication, all necessary right of way along the frontage on (;amino Tassajara as depicted on the Preliminary Development Plan. Page No. 14 of Resolution No. 90-10 G0 13. The developer shall be responsible for the design and construction of frontage improvements at the Sherburne Hills Entry Drive. These improvements shall include, but are not limited to, curb, gutter, sidewalk, pavement, street lighting and shall conform to the typical roadway standards on the Preliminary Development Plan. 14. Any project roads proposed for dedication to the Town of Danville shall be constructed to adopted road standards for public roads. 15. The Final Development Plan submittal for this project shall reflect the following road design criteria: ao The radius dimension for cul-de-sacs, measured from face of curb, shall be a minimum of 35 feet. The radius of curb returns, measured from face of curb, shall be a minimum of 25 feet. Co The radius of curb returns at Camino Tassajara and Sherburne Hills Road shall be a minimum of 30 feet. 16. The developer shall be required to bring the exisitng structural street section and surface pavement to a standard acceptable to the City Engineer starting at the Sherburne Hills Road bridge to approximately 820 feet south to the Daniels property. These improvements shall be required prior to any construction of unit on Lots 30 through 33. Road improvements of the private roadway (Sherburne Hills Road) along the Daniels property shall be completed prior to the Subdivision Map request on the four proposed parcels on said property. INFRASTRUCTURE Water supply service shall be provided by the East Bay Municipal Utility District in accordance with the requirements of the District. Sewer disposal service for new units developed in the project shall be provided by the Central Contra Costa Sanitary District in accordance with the requirements of the District. 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. Page No. 15 of Resolution No. 90-10 o o 10. 11. 12. 13. All 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 City Engineer. 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 a lot, or be in an easement between lots, the easement shall be equal to or at lease double the depth of the storm drain. The developer shall comply with all relevant requirements of the Contra Costa County Flood Control District, Army Corps of Engineers, and the Department of Fish and Game. On the basis of approval of the Flood Study and prior to Final Development Plan and Subdivision Map submittal for this project, the developer shall document securance of a Fish & Game Flood Stream Alteration Permit. 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. All public improvement plans shall be prepared by a licensed civil engineer. The developer shall mitigate the impact of additional stormwater runoff from this development on the San Ramon Creek watershed by either of the following methods: a° Removing 1 cubic yard of channel excavation material from the inadequate portion of San Ramon Creek near Chaney Road for each 50 ~quarc feet of new impervious surface area created by the Page No. 16 of Resolution No. 90-10 development. All excavated material shall be disposed of off-site by the developer at his cost. The site selection, land rights, and construction staking will be 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. 14. The developer shall notify the Department of Fish and Game, P.O. Box 47, Yountville, California 94599 of any proposed construction project that may affect streams in accordance with Section 1601 and/or 1602 of the Fish and Game Code. If the subdivision is subject to requirements of the Department of Fish and Game, the developer shall submit with the Project Improvement Plans a letter from the Department of Fish and Game which indicates the Department's requirements. Requirements by the Department of Fish and Game shall be noted or shown on the improvement plans. 15. 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 established for the Tentative Map approved for this project. 16. 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. Low height light standards may be utilized if deemed acceptable by the City Engineer and the Chief of Planning. 18. Storm drains shall be placed in streets wherever possible and the plan shall be designed so that: this can be accomplished without the pipes being excessively deep. 19. Storm drain facilities shall be designed to channel water into natural Page No. 17 of Resolution No. 90-10 H0 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. The energy dissipaters shall be designed to incorporate a back flow device to minimize creek water flooding of public rights-of-ways. 20. The developer shall be responsible for the construction of all drainage structures within the property to conform to the Sycamore Creek Floodway Plan. 21. Proposed drainage discharge points to Sycamore Creek shall be designed to conform with requirements of Contra Costa County Flood Control District and the Town cfi Danville. 22. All closed conduit drainage systems shall be designed with self-cleaning flow velocities (not less than 2 FEET PER SECOND). MISCELLANEOUS 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. Conditions of this approval may require the developer to install public improvements on land neither the developer, not the Town, has easement rights to allow the improvements to be installed. The developer shall be responsible for acquisition of the necessary easements either through private negotiations or by entering into an agreement with the town and assume all responsibilities for acquisition pursuant to the Town's authority for condemnation. Such acquisitions shall be commenced prior to the developer's submittal of any final map. Ail costs associated with such acquisition shall be borne by the developer. The developer shall be required to fund a Flood Study and comply with the recommendations and improvements required to the satisfaction of the Contra Costa County Flood Control District, the City Engineer and the Chief of Planning prior to Tentative Map and Final Development Plan submittal. The results of the Flood Study may result in lot reconfiguration or the potential loss of lots in areas abutting the Sycamore Creek. Other additional improvements may include, but are not limited to: a. Repair of the landslides within the creek setback. Page No. 18 of Resolution No. 90-10 be Any improvements to the existing Sherburne Hills bridge deemed necessary, which may include construction of a new bridge if the existing bridge is located within the 100 year flood plane. Co Off-site improvements which may be necessary on lands neither the developer or the Town has easement rights to allow the improvements to be installed. The developer shall be responsible for acquisition of the necessary easements either thought 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. d. Revegetation and supplemental planting of the creek zone. e0 Improvements necessary to protect the existing residences from the 100 year storm. The developer shall submit a list of proposed street names and a draft addressing scheme for review and approval by the Planning Department prior to recordation of a Final Map. The Final Development Plan and Subdivision Map submittal for this project shall incorporate a 30 :foot minimum width public trail access easement on the south side of the Sycamore Creek and a 30 foot minimum width public trail access easement on the north side which shall be offered for dedication to the Town of Danville and/or East Bay Regional Park District. Both easements will be contained within the County Flood Control parcel. The applicant shall secure all necessary Town approvals to relocate the trail to the north side. The establishment of the trail on the north side will eliminate the need for the trail and easement on the south side. 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 Town which indicates the postal authority's satisfaction with the system chosen prior to issuance of building permits. At the time of approval of the pertinent Final Map, the project developer shall pay to the Town of Danville the Sycamore Valley Fee Benefit District fee (each unit not contained in the Sycamore Valley Assessment Distric0 developed on the property. APN: 217-010-023 & 024 are participants in the Sycamore Valley Assessment District. New lots created on those Page No. 19 of Resolution No. 90-10 parcels are subject to the density increase fee for new units not envisioned in the Sycamore Valley Specific Plan and are obligated to either pay off the current SVAD assessment or reapportion that amount between the new lots created on that property.. Because the developer is exercising Density Transfer of 12 dwelling units from the Daniels (APN# 217-010-018) and Marquis (APN# 217-010-019) parcels to Area A, ,documentation and method of transfer and relinquishment of all furore "development rights" shall be submitted with the Final Development }'lan for review and approval by the City Attorney. PASSED, APPROVED AND ADOPTED THIS following vote: day of t'~~ , 1990 by the AYES: Vilahuer, Hughes, Frost, Hendricks, Hunt NOES: ABSTENTION: Wright ABSENT: Hirsch Chief of Pla Chairman APPROVED AS TO FORM: ppmm51 Page No. 20 of Resolution No. 90-10