Loading...
HomeMy WebLinkAbout91-04EXHIBIT A RESOLUTION NO. 91-04 APPROVING FINAL DEVELOPMENT PLAN DP-90-29 AND VESTING TENTATIVE MAP 7443, AND ADOPTING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE FOR "WOODSIDE ESTATES" WHEREAS, Wood & Company and William Peck have requested approval of a Final Development Plan and Vesting Tentative Map for a Planned Unit Development (PUD 89-14) to establish a 23 unit custom home single family development on a 10.1 +/- acre site; and WHEREAS, the subject site is located on the south side of Camino Tassajara at the intersection of Alta Vista Way (APN: 217-030-010 & 217-040-020); and WHEREAS, the Town of Danville's P-l; Planned Unit Development District Ordinance requires approval of a Final Development Plan to establish a Planned Unit Development District; and WHEREAS, the Town Council adopted a Mitigated Negative Declaration of Environmental Significance, approved the rezoning of the subject property from A-2; General Agriculture District and P-l; Planned Unit Development District to P-l; Planned Unit Development District and amended the Zoning Map of the Town of Danville on August 21, 1990; and WHEREAS, the Town Council approved the Preliminary Development Plan -- PUD 89-14 on August 21, 1990; and WHEREAS, the Planning Commission did review this application at a noticed public hearing on February 12, 1991; and WHEREAS, the public notice of this action was given in all respects as required by law; and WHEREAS, a staff report was 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; WHEREAS, NOW, THEREFORE, BE IT RESOLVED THAT the Planning Commission of the Town of Danville approves Final Development Plan DP 90-29 and Vesting Tentative Map 7443 per the conditions contained herein, and makes the following findings in support of this action: The proposed Planned Unit development is consistent with the Danville 2005 General Plan and the Sycamore Valley Specific Plan; The residential development will constitute a residential environment of sustained desirability and stability, and will be in harmony with the character of the surrounding neighborhood and community; The development will mitigate off-site traffic and drainage impacts through the 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 (Note: * denotes Standard Conditions · * denotes Conditions added since approval of the Preliminary Development Plan) Unless otherwise specified, the following Conditions shall be in effect prior to recordation of a Final Map for the project. Each item is subject to review and approval by the Chief of Planning unless otherwise specified. A· GENERAL This approval is for a Final Development Plan and Vesting Tentative Map for a 23 lot single family residential development identified as "Woodside Estates". Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; "Final Development Plan - Woodside Estates" prepared by David Hop, dated received October 29, 1990. Vesting Tentative Map 7443 prepared by David Hop, dated received October 29, 1990. Ce "Landscape Plan for Subdivision 7433" prepared by Brian Kisling Landscape Architect and dated received October 29, 1990. 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 Sycamore Valley Benefit District fees, Child Care fees and drainage acreage fees as established by the Contra Costa County Flood Control PAGE 2 OF RESOLUTION NO. 91-04 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 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. Se 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 the entire site during construction of the project. * 6. Ail physical improvements shall be in place prior to occupancy of any structure in the project except for specific trail improvements described in Condition E. 3. 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 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. B. SITE PLANNING * 1. Ail lighting shall be installed in such a manner that glare is directed away from surrounding properties and rights-of-way. The location of any pad mounted transformers shall be subject to approval by the Planning Department prior to PAGE 3 OF RESOLUTION NO. 91-04 the issuance of a building permit. Generally speaking, such transformers shall not be located between any street and the front of a building. 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. Each residential lot shall have a minimum lot size of 9,500 square feet, a minimum average width of 85 feet and a minimum depth of 100 feet. The creek access between lots 8 & 9 shall be a minimum of 20 feet in width. The final location of the creek access shall be subject to review and approval of the Chief of Planning. e Minimum building setbacks shall be 25 feet for primary front yards, 25 total feet in side yard areas (with a minimum building separation of 25 feet), and 25 feet for rear yard areas. On corner lots, the minimum secondary front yard setback area shall be 20 feet. Side loaded garages shall maintain a minimum 20 foot front yard setback. Each dwelling unit shall have a minimum of two vehicle parking spaces located in a garage and two additional on site spaces contained within a driveway apron. All garage doors shall be articulated and operated by an automatic garage door opener. Fences shall not exceed a height of six feet. Any fence, hedge or wall located within the requiredminimum primary or secondary front yard areas shall not exceed 42 inches in height. A detail for rear yard fences adjacent to the creek shall be submitted for review and approval by Planning Staff prior to recording the Final Map for the second phase. ARCHITECTURE The street number(s) of the building(s) shall be posted so as to be easily seen from the street at all times, day and night. If signing for the development is desired, in addition to any signs approved as part of this application, a comDrehensive sign Drogram shall be submitted to the City for consideration under a separate application. PAGE 4 OF RESOLUTION NO. 91-04 Se Buildings adjacent to Camino Tassajara shall have variable setbacks from the fence line. Long, flat exterior wall planes are prohibited on rear yard elevations. Rear elevations and elevations visible from the street shall have articulated architectural features. The intent of these guidelines is to establish standards of high quality architecture to be used in the design of buildings, structures and surrounding environment. The developers are encouraged to use innovative techniques to make the project area a significant statement of design. If production housing is utilized, substantial architectural variation shall occur through the number of floor plans developed and by providing multiple elevations for each floor plan. Elevations shall show variations through changes in materials, roof lines, colors and window treatment. be Building exterior colors shall be subdued with compatible colors used for trims and accent areas. Architectural style shall establish a consistent theme. The western contemporary style used in the Sycamore Valley is encouraged. Exterior walls shall be designed with features such as offsets, reveals, recessed or projecting windows and other architectural features. Recesses for courtyards or gardens are encouraged. Long expanses of blank walls are discouraged. No building or structure shall exceed two stories or 28 feet in height (not including chimneys), measured from average finished grade to the ridge beam. fe Building elevations shall be tapered or stepped so that no two story elevations occur at the minimum primary front yard setback. This requirement is intended to reduce the visual mass of the structure, further enhance separation between buildings, and create a more open and comfortable streetscape setting. Rear elevations which abut, or are oriented towards streets shall receive special design treatment to soften visual appearance. PAGE 5 OF RESOLUTION NO. 91-04 D. DESIGN GUIDELINES This development is subject to the site development and architectural guidelines titled "Woodside Estates" and approved by the Town Design Board on June 20, 1990. The following modifications shall be incorporated into the proposed guidelines: Building heights shall not exceed 28 feet in height. In section Front Elevations, the following shall be added: Front elevation accent materials should wrap around the corners of the homes to an appropriate architectural feature. In section Side and Rear-Facinq Elevations the following shall be added: No Ti-ii siding material shall be visible along rear elevations on Camino Tassajara. Side loaded garages can be 20 feet from front property lines. In section Exterior Siding the following shall be added: The combination of Ti-ll siding and wood and/or stucco should be sensitive as to where the different materials meet (i.e. natural plane breaks or where there is an architectural element). E. OPEN SPACE AND RECREATION The natural character of Sycamore Creek shall be preserved and enhanced for its habitat value and as a recreation and visual amenity. Where drainage improvements are necessary along Sycamore Creek, they shall be designed to enhance the natural appearance of the creek. If rip-rapping is required, it shall utilize large, ungrouted rocks that permit ingrowth of grasses and other vegetation. A trail system shall be designed and constructed, at the developer's expense, on the north side of the creek as a part of this project and shall require an 80 +/- foot long pedestrian/equestrian bridge located on the western portion of the project's creek frontage. The 80 +/- foot long bridge shall be a minimum of 8 feet in width for pedestrian/equestrian use. All trails shall be a minimum of 12 feet with an $ foot wide paved trail and 2 foot wide gravel shoulders. PAGE 6 OF RESOLUTION NO. 91-04 It shall be the developer's responsibility to secure proper easements necessary to construct the bridge and necessary trail connections to the existing 50 foot wide public access easement located south of the creek within Subdivision 6661 (Meadow Creek). (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. All costs associated with such acquisition shall be borne by the developer.) The trail connection from the bridge to the existing 50 foot wide public access easement shall be constructed at 5% grade or less and shall be 12 feet wide, with an 8 foot paved trail and 2 foot wide gravel shoulders. The bridge and trail link to the public right of way (Woodside Drive) shall be constructed and installed prior to occupancy of the first unit constructed within Phase 2. The trail section east of the connection to the public right of way can be deferred until properties east of the subject project are developed. If.the east section of trail is deferred, the developer shall post a bond in an amount equal to the cost of design and construction for this trail segment prior to Final Map approval subject to approval of the Chief of Planning. The trail shall remain on the north side of the project (spanning the entire length of the rear property line of Lot 11), or to the extent feasible, to create the largest possible buffer between the trail and existing residences located within lots 21 - 23 of Subdivision 6651 (Wood Ranch - Davidon). During the design process of the trail section east of the subject project, all residents abutting the creek area and affected by a future trail, shall be notified by the Town and included in the trail design process. Ail soils studies, engineering, grading construction and slide repair costs associated with the construction of the trail shall be the entire responsibility of the developer. All design work and construction shall be subject to the review and approval of the City Engineer, Chief of Planning and Parks and Recreation Staff. The Town has the right to make adjustments to the trail design and construction based on need. PAGE 7 OF RESOLUTION NO. 91-04 Disturbed slope areas along the creek lot, road, trail or creek development) native grasses and barley hydroseeding. (disturbed for shall receive LANDSCAPING Final Landscape and Irrigation Plans (with planting shown at 1"=20' scale) and grading plan shall be submitted for review and approval by the Planning Division and the Parks and Recreation Division. The plan shall include common names of all plant materials. The proposed groundcover "Baccharis Pilularis" shall be substituted with Arcto 'Emerald Carpet' and Boston Ivy shall be planted adjacent to the sound wall subject to review and approval of the Town Landscape Architect. Ail plant material within the public right of way adjacent.to Camino Tassajara and Parcel "D" shall be served by an automatic drip irrigation system and details shall conform to Town standards. One (1) street tree shall be planted per 40 feet per curb for each lot. The minimum size of each street tree shall be 24 inch box and shall be properly staked. The street tree selection is included within the Site Development and Architectural Guidelines approved by the Design Review Board. Ail landscaped areas not covered by shrubs and trees along Camino Tassajara and at the project entry shall be planted with live ground cover. Prior to recording the final map, the applicant shall submit detailed landscape drawings for the pedestrian path connecting the project to Sycamore Creek (Parcel D). The meandering pedestrian path shall be a minimum of eight feet in width. The landscape plans are subject to review and approval by Planning staff prior to recording the Final Map for Phase 1. (Mitigation Measure) The Project Grading Plans submitted for this project shall be accompanied by the tree preservation plan outlined in the arborist report titled, Tree Evaluation, prepared by "Treescapes" and dated March 5, 1990. All existing trees on the site shall be preserved to the largest extent practical. Removal of any trees on site shall conform to the tree evaluation table within the Tree Evaluation. A certified arborist shall review and approve the grading plan prior to issuance of grading permits. Removal of any trees within the creek area will be allowed only upon prior written PAGE 8 OF RESOLUTION NO. 91-04 Ge approval from the Planning Department. Special additional efforts shall be taken to retain additional trees, above and beyondthe trees shown by the developer for retention including, the London Plane Trees currently located on the east side of the project site. Landscaping along Camino Tassajara shall conform to the Camino Tassajara Streetscape Standards, which require provision of a architectural sound wall and a six foot wide meandering concrete paved pathway subject to review and approval of the City Engineer. The sidewalk shall be a minimum of 6 feet from back of curb or face of sound wall. Shrubs not used as ground cover shall be a minimum of 5 gallons is size. The architectural sound wall along Camino Tassajara shall be a split face block concrete wall constructed to match the existing sound wall constructed along Camino Tassajara. The easterly section of the wall shall not be designed with a long uninterrupted stretch, but instead shall include a minimum of one jog along the right-of- way, working around a pocket of deciduous and evergreen trees. Detailed drawings of the masonry block sound walls at the entrance of the project shall be submitted to Planning Staff for review and approval prior to installation. 10. The major entry shall consist of a landscaped setback area (150 sq. ft. minimum on each side). A sample of the rock facing and signage for the entry monument sign shall be submitted for review and approval by Planning Staff prior to installation 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 Chief Building Official 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 (including the creek trail). The soils report shall contain specific recommendations for foundation design of buildings. The engineering recommendations outlined in the project specific soils report shall be incorporated into the design of this PAGE 9 OF RESOLUTION NO. 91-04 He project. ~ , Where soils or geologic conditions encountered in grading operations are different from that anticipated in~ the soils 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. Development of the trail~shall be completed in compliance with a detailed soils report andthe construction grading plans prepared for the trail. The soils report shall contain specific recommendations for any necessary slide repair, drainage, and retaining walls. The engineering recommendations outlined in the project specific soils report shall be incorporated into the design of this project. 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. Subsequent to approval by the Design Review Board, street signing shall be installed by the developer subject to approval of the City Engineer. Traffic signs and parking restriction signs 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. This development shall be provided with a safe and effective circulation system for bicycles and pedestrians. These facilities shall be designed and installed to the satisfaction of the City Engineer and shall be separated from vehicular traffic wherever possible. Any damage to street improvements now existing or done during construction on or adjacent to the subject property shall be repaired to the satisfaction of the City Engineer at full expense to the developer. This shall include slurry seal, overlay or street reconstruction if deemed warranted by the City Engineer. PAGE 10 OF RESOLUTION NO. 91-04 10. 11. 12. 13. Handicapped ramps shall be provided and located as required 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 ~itle Report for the subject property. "Woodside Drive" street between "Mattos Court" and Camino Tassajara shall be widened to provide these minimums: SoUthbound: Median: Northbound: 16 foot curb to curb street section 6 foot wide landscaped median 26 foot curb to curb street section The left turn lane for traffic entering onto Camino Tassajara from "Woodside Drive" shall align with the left turn lane exiting Alta Vista. This subdivision shall install the remaining facilities necessary to complete the traffic signal at Camino Tassajara and "Woodside Drive" (the intersection improvements are 85-90% complete). This subdivision and all future developments accessing Camino Tassajara via "Woodside Drive" are responsible for 50% of the total as- built signal costs. The appropriate contribution percentages shall be determined by the city Engineer at the time of filing of this subdivision's Final Map, based upon the best current estimated number of units to be served on the south side of the intersection, prorated equitably. The funds collected are to reimburse the property developer on the North side of the intersection for funding of the traffic signal in excess of that development's 50% responsibility. Phase I improvements shall include all of "Woodside Court" and all of the underground storm drainage to Sycamore Valley Creek. Camino Tassajara, along the frontage of this subdivision, shall be improved with the installation of any missing or deficient curb, gutter and meandering sidewalk. The east side of "Woodside Drive" Street and one side of "Mattos Court" and "Woodside Court" shall have 4.5 foot wide sidewalks and abutting 5 foot wide public utility easements. PAGE 11 OF RESOLUTION NO. 91-04 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 shall be provided by the central Contra Costa Sanitary District in accordance with the requirements of the District, unless approval is secured to utilize a private sewage disposal system. Drainage facilities and easements shall be provided to the satisfaction of the City Engineer and/or the Chief Engineer of the Contra Costa County Flood Control District. Ail storm water run-off shall be collected and conducted via an approved drainage method to the nearest approved downstream facility. Off-site drainage flows shall be intercepted at the project boundary via an approved storm drain facility, or as approved by the city. 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 least double the depth of the storm drain. 10. 11. The developer shall comply with all relevant requirements of the Contra Costa County Flood Control District and the Department of Fish and Game. The developer shall submit any additional reports or studies required by CCCFCD. 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 Dolici~ and existin~ ordinances. All utilities shall be located and provided within public utility easements, PAGE 12 OF RESOLUTION NO. 91-04 sited to meet utility company standards, or in public streets. 12. Ail utilities required to serve the development shall be installed underground. 13. Ail public improvement plans shall be prepared by a licensed civil engineer. 14. 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: ae 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, be 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. 15. 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 construction plans. 16. Abutter's rights of access along the project's Camino .Tassajara frontage, except for the approved intersection areas, shall be relinquished to the Town. The relinquishment shall include the right of way returns of PAGE 13 OF RESOLUTION NO. 91-04 the intersection areas. * 17. 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. J. MISCELLANEOUS The project shall be constructed as approved. Minor modifications in the design, but not the use, may be approved by Staff. * 2. 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. All costs associated with such acquisition shall be borne by the developer. o Sycamore Creek improvements, structure setbacks and right-of-way dedications shall conform to recommendations of the Contra Costa County Flood Control District and any deviations therefrom authorized by the City Engineer. Public Improvement plans shall be prepared by a Registered Civil Engineer for all street, drainage and creek work. These plans are subject to the approval by the City Engineer. The improvement plans for the entire subdivision shall be required as part of the first phase. Evidence shall be submitted prior to any final map approval, documenting the abandonment of the existing 50 foot wide access easement along the east boundary of the project. This development shall be incorporated into Zone B, Landscaping and Lighting District. The developer of the project shall provide .deed notification to all purchasers that a public Open Space/Trail will be established in the project. The Droject CC&Rs develoDed for the project shall also provide notification to future residents of thi~ PAGE 14 OF RESOLUTION NO. 91-04 situation. (Mitigation Measure) All aboveground oil storage containers shall be removed from the site. The soil around the aboveground oil storage area shall be excavated and stockpiled on visqueen. Chemical Analyses shall be collected from the stockpiled soil to determine levels of contamination present. Stockpiled soil shall be disposed in an appropriate manner based on chemical analyses consistent with requirements mandated by the State of California. The underground waste-oil storage tank shall be removed and soil samples shall be collected to determine absence/presence of contamination in the tank area. Soil samples shall be collected per State of California Regional Board Staff Recommendations for Initial Evaluation and Investigation of Underground Tanks (Revised May 18, 1989). All work shall be performed under the direction of a Registered Professional (i.e. a registered or certified professional with the State of California in either of the following fields, including: Engineer, Geologist, Engineering Geologist or Industrial Hygienist) with experience in contamination cleanup practices, and by a qualified contractor with proper, certified OSHA training in Hazardous Material Handling (29-CFR-120). The Town of Danville has the right t© require any additional environmental information regarding soils contamination. It may be necessary to require additional soils studies and inspections to insure proper cleanup of the site. The developer shall submit verification from the Contra Costa County Health Department verifying that all contamination has been mitigated on the site (subject to Regional Board Staff Recommendations for Initial Evaluation and Investigation of Underground Tanks (revised May 18, 1989)) prior to issuance of grading permits for subdivision related work. (Mitigation Measure) Archeological Field Survey Recommendations: If any significant cultural materials (artifacts, human burials, or the like) are exposed during construction operations, such operations shall cease within 100 feet of the find, the Danville Planning Division shall be notified, and a qualified archaeologist shall be contacted for further recommendations. 10. At the time of approval of the final map, the project developer shall pay to the Town of Danville, the Sycamore Valley Benefit District fee. Upon closUre of the Fee Benefit District, all new units not envisioned in the Sycamore Valley Specific Plan are subject to the density increase fee as outlined in the Mitigated Negative PAGE 15 OF RESOLUTION NO. 91-04 Declaration (Exhibit B). ** 11. The developer shall comply with all fees required by Assembly Bill 3158 related to filing a Notice of Determination for the Mitigated Negative Declaration of Environmental Significance. PASSED, APPROVED AND ADOPTED THIS 12th day of February, 1991 by the following vote: AYES: Arnerich, Hughes, Murphy, Osborn Vilhauer, Hunt NOES: ABSTENTION: ABSENT: Wright Chief o r~nning APPROVED AS TO FDJl~iL Attorney pdpzl3 PAGE 16 OF RESOLUTION NO. 91-04