HomeMy WebLinkAbout91-27RESOLUTION NO. 91-27
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE
ADOPTING A DRAFT NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE
AND APPROVING MINOR SUBDMSION REQUEST MS 860-90
(SUBDIVIDING PARCEL C OF SD 6878 INTO THREE PARCELS) AND
APPROVING THE CONCURRENT FINAL DEVELOPMENT PLAN REQUEST DP 91-21
(AUTHORIZING DEVELOPMENT OF A 1.35+/- ACRE PARCEL AS A
SERVICE STATION/CAR WASH) -- DIABLO VENTURES WEST
APN: 206-010-023
WHEREAS, David B. Hop Engineering, serving as agent for applicants/owners Diablo
Ventures West (Knoedler/Johnson) has requested approval of a Minor Subdivision (MS
860-90) for a three-parcel subdivision of a seven acre site and has also requested
approval of a concurrent Final Development Plan application (DP 91-21) seeking
authorization for development of a service station/car wash on a 1.35 +/- acre portion
of the subject property; and
WHEREAS, the subject site is located on the southeast corner of the intersection of
Camino Tassajara and Tassajara Ranch Drive and is identified as Assessor's Parcel
Number 206-010-023; and
WHEREAS, the Town of Danville Subdivision Ordinance requires approval of a Minor
Subdivision prior to creation of a new parcel; and
WHEREAS, the Town of Danville P-l; Planned Unit Development District Ordinance
requires approval of a Final Development Plan prior to establishment of a land use in
a P-1 District; and
WHEREAS, a Mitigated Negative Declaration of Environmental Significance was
prepared for this project indicatin~ that potential significant impacts identified to be
associated with the development of this project have been mitigated through project
redesign and/or through project Conditions of Approval; and
WHEREAS, potential impacts associated with the development of this parcel were
addressed in the Final Environmental Impact Report (FEIR) prepared and certified for
the Dougherty Road General Plan Amendment Study; and
WHEREAS, the Planning Commission did review the requests at a noticed public
hearing on July 9, 1991; and
PAGE 1 OF RESOLUTION NO. 91-27
WHEREAS, the public notice of these requests were given in all respects as required
by law; and
WHEREAS, a staff report was submitted recommending that Planning Commission
approve the two requests; 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 accepts the previously certified FEIR (prepared for the Dougherty Road
Area General Plan Amendment Study) as adequate to address potential impacts related
to this project, adopts the project-specific Mitigated Negative Declaration of
Environmental Significance and further approves Minor Subdivision request MS 860-90
request and Final Development Plan request DP 91-21, per the conditions contained
herein; and
BE IT FURTHER RESOLVED THAT the Planning Commission makes the following
findings in support of their approval of Minor Subdivision request MS 860-90:
The proposed subdivision is consistent with the Danville 2005 General Plan and
the Preliminary Development Plan covering the site.
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There is no evidence before the Town that the proposed project will have
potential for an adverse effect on wildlife resources or the habitat upon which
the wildlife depends.
The design of the subdivision and the type of associated improvements will not
likely cause serious public health problems.
4. The site is physically suitable for the proposed density of development.
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The design of the subdivision and the type of associated improvements will not
conflict with easements, acquired by the public at large, for access through or
use of, property within the proposed subdivision.
The design and construction of the proposed public improvements along both
frontages of this site are necessary for the public health, safety and orderly
development of the surrounding area; and
PAGE 2 OF RESOLUTION NO. 91-27
BE IT FURTHER RESOLVED THAT the Planning Commission makes the following
findings in support of their approval of Final Development Plan request DP 91-21
(authorizing the development of a service station/car wash on Parcel A of MS 860-90):
The proposed development is consistent with the Danville 2005 General Plan
and the Preliminary Development Plan - Rezoning covering the site, as approved
by the Town Council on November 6, 1986 through adoption of Ordinance 99.
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The proposed development will constitute a commercial environment of
sustained desirability and stability, and will be in harmony with the character of
the surrounding neighborhood and community.
The proposed development will mitigate off-site traffic and drainage impacts
through the assurance of off-site improvements in a manner acceptable to the
Town.
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The previously certified EIR prepared for the Dougherty Road Area General
Plan Amendment Study fully discussed potential impacts associated with
development of the Tassajara Ranch Property, satisfying the requirements of the
California Environmental Quality Act, based on the following specific findings;
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Contra Costa County adopted findings regarding the Environmental
Impact Report through adoption of the Board of Supervisors Resolution
85/133 and Planning Commission Resolution 47-1984 (SR), which jointly
served to establish mitigation measures for impacts associated with the
development for the project, and
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Pursuant to those mitigation measures, additional studies related to soils
and geology, and traffic have been completed identifying specific
mitigation measures which will be incorporated into the project, and
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Use of the prior EIR as a "Program EIR" is appropriate based on the
following;
(1) feasible mitigation measures and alternatives developed in the EIR
for the Dougherty Road Area General Plan Amendment Study have been
incorporated, (2) subsequent changes in the project, including a
reduction of units to allow retention of a greater section of Tassajara
Creek as an open channel, have been made to lessen project related
impacts, (3) there have not been substantial changes with respect to the
circumstances under which the project was initially reviewed which
would require important revisions of the prior EIR, and (4) no new
PAGE 3 OF RESOLUTION NO. 91-27
information of substantial importance to the project has become available
which would require an additional or supplemental EIR.
CONDITIONS OF APPROVAL
(Note: "*" Indicates standard project Conditions of Approval. "(Mitigation Measure)"
indicates a mitigation measure established through the Mitigated Negative Declaration
of Environmental Significance prepared for the project.)
Unless otherwise specified, the following Conditions shall be complied with prior to
issuance of Grading or Building permits for the project. Each item is subject to review
and approval by the Planning Department unless otherwise specified.
A. GENERAL
This approval is for a three-parcel Minor Subdivision request to
resubdivide Parcel C of SD 6878 0dentified as Assessor's Parcel No. 206-
010-023). The approval is also for a Final Development Plan application
covering Parcel A of MS 860-90 authorizing development of a service
station/car wash. Development of Parcels B and C of MS 860-90 are
subject to separate Final Development Plan approval. A preliminary site
plan to document the feasibility of developing an "auto lube center" use
on Parcel C of MS 860-90 has been depicted as part of the Minor
Subdivision request, but is subject to additional review through the Final
Development Plan submittal for Parcel C. Development shall be
substantially as shown on the project drawings and associated project
reports as follows, except as may be modified by conditions contained
herein;
ao
Tentative Parcel Map MS 860-90, consisting of a single sheet and
prepared by David B. Hop Engineering, as revised and dated
received by the Planning Division on June 28, 1991.
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Development Plan Drawings (Site Plan, Preliminary Grading Plan,
Landscape Plan, Floor Plan, Elevations, Lighting Plan and Sign
Program), consisting of seven sheets and prepared by Majors
Engineering, as revised and dated received by the Planning
Division on July 2, 1991.
Traffic Impact Study for Tassajara Ranch (Parcel C) Project,
prepared by TJKM Transportation Consultants and dated June
1991.
PAGE 4 OF RESOLUTION NO. 91-27
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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 Fee, Tassajara Area Fee
(.[EPA), 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. The Fire District's initial comments on this project are
summarized in part within their letter of May 22, 1991.
The applicant shall submit to the Town of Danville fees required to file a
Notice of Determination for this project as required by AB 3185. The fee
for filing this notice is $1,300.
(Mitigation Measure). Prior to recordation of a Parcel Map, an
archaeological field survey shall be conducted on this site. This survey
shall be subject to review and approval by the Sonoma State Clearing
House. Findings and recommendations of this report shall be
incorporated into the project improvement plans. 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.
All construction and grading operations, including delivery of materials
and warming up of machinery, 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 Cit]/Engineer, the project developer shall provide
security fencing around the entire site during construction of the project.
Any building construction activity, delivery of construction supplies, or
use of pneumatic tools, 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 Chief Building Official.
'PAGE 5 OF RESOLUTION NO. 91-27
At least one week prior to commencement of grading, the applicant shall
post the site and mail to the owners of property within 300 feet of the
exterior boundary of the project site and to the homeowner associations
of nearby residential projects that construction work will commence. The
notice shall include a list of contract persons with name, title, phone
number and area of responsibility. The person responsible for
maintaining the list shall be included. The list shall be kept current at all
times and shall consist of persons with authority to initiate corrective
action in their area of responsibility. The names of individuals
responsible for dust, noise and litter control shall be expressly identified
in the notice.
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If the developer intends to construct the project in phases, then the first
submittal for building permits shall be accompanied by an overall
phasing plan. This plan shall address off-site improvements to be
installed in conjunction with each phase, erosion control for
undeveloped portions of the site, timing of delivery of emergency vehicle
access connections, and phasing of project grading. The phasing plan
shall be subject to the review and approval of the City Engineer and
Chief of Planning.
Except as provided for within these conditions of approval, land use
regulations pertaining to this property shall be as provided under PUD
86-3 and SD 6878.
B. SITE PLANNING
All lighting shall be installed in such a manner that glare is directed away
from surrounding properties and rights-of-way. Lighting used after
daylight hours shall be adequate to provide security needs. Wall lighting
around the entire perimeter of all buildings shall be supplied to provide
"wash" security lighting. The number, height, and location of light
standards on proposed Parcel A - Service Station/Car Wash have been
reviewed and approved by the Design Review Board. The luminaries
within the parking area shall not exceed twenty feet in height. The
design of the luminaries shall be subject to review and approval by the
Planning Division prior to the issuance of building permits. Photometric
calculations shall be submitted to the Planning Division for review and
approval a minimum of thirty days prior to the submittal for building
permit plan check. Lighting on proposed Parcels B and C shall be
subject to review and approval under the Final Development Plan
application filed for these sites.
PAGE 6 OF RESOLUTION NO. 91-27
The location of any pad mounted transformers shall be subject to
approval by the Planning Department prior to the issuance of a building
permit. Generally speaking, such transformers shall not be located
between any street and the front of a building.
Trash and refuse containers shall be limited to the number and general
locations shown on the site plans cited in Condition #A. 1. b. The
design of the enclosures shall reflect the dimensional criteria deemed
acceptable by the affected disposal collection agency, and shall
incorporate the use of concrete aprons to facilitate mechanical pick-up
service. The property owner shall covenant through a recordable
document satisfactory to the Town of Danville, to be responsible for
facilitating the ongoing proper access to the trash containers by the local
refuse collection company. This may include having the owner, or
owner's contractors, consolidate refuse containers in locations where
refuse collection will be possible. In the event that problems arise that
can only be remedied by changes in improvements, then these changes
will be made at the owner's expense.
No outdoor sales or display of merchandise shall occur on the site
beyond the sale of motor vehicle fuel. Food vendors operating outside
the building are specifically prohibited unless approved through a
Conditional Use Permit granted by the Town of Danville.
Outdoor storage of supplies, palette's, refuse (outside of approved refuse
container locations) and other materials is specifically prohibited.
C. LANDSCAPING
* 1.
Final Landscape and .Irrigation Plans (with planting shown at 1"= 20'
scale), shall be completed by a licensed Landscape Architect and qualified
Landscape Irrigation specialist, and shall be submitted for review and
approval by the Planning Division. 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. All landscaping
and irrigation shall be inspected by the designer and certified complete
by written documentation to the Planning Division prior to occupancy of
the structure.
All plant material shall be served by an automatic underground irrigation
system and maintained in a healthy growing condition.
PAGE 7 OF RESOLUTION NO. 91-27
All trees 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 trees along the Camino Tassajara frontage shall be 24-
inch box specimen sized trees.
All landscaped areas not covered by shrubs and trees shall be planted
with live ground cover.
All 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.
The project landscape and irrigation working plans for Parcel C of MS
860-90 shall be consistent in design and material with the plans approved
for Parcel A of MS 860-90. If Parcel C of MS 860-90 does not develop
within one year of the start of construction of the service station/car
wash on Parcel A of MS 860-90, then landscaping along Parcel C's
Camino Tassajara fro. ntage (20' minimum width) shall be installed.
The developer shall diligently pursue the rights necessary to allow the
installation and maintenance of off-site landscaping at the northwest
corner of Parcel A of SD 7604 (bas Homes) to allow an extension of the
project landscaping for Parcel C of MS 860-90 to provide room to
transition the landscape treatment from the commercial development to
the adjoining natural zone. This parcel is currently retained by bas
Homes, but is slated to be dedicated to the Contra Costa County Flood
Control District upon recordation of the Final Map for SD 7604. Prior to
the recordation of the Parcel Map for MS 860-90, the developer shall
submit a draft maintenance agreement for the off-site landscaping for
review and approval by the Planning Division and the City Attorney. The
maintenance agreement shall be recorded prior to, or concurrent with
the recordation of the Parcel Map for MS 860-90.
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Plant selection shall emphasize drought tolerant native species. Use of
turf shall be minimized and shall reflect the planting ratio limits
developed by EMBUD (a maximum of 25% of the landscape area shall be
installed with turf). Turf is expressly prohibited adjacent to the
perimeter street frontages. The project landscape and irrigation working
plans shall reflect the Town of Danville Water Conservation Guidelines in
place as the time of approval of the plans.
A landscaped setback of 30 feet shall be provided along the project's
Camino Tassajara frontage. This landscaped area may be reduced in
width to 20' on Parcel A of MS 860-90 along the northwest corner of the
PAGE 8 OF RESOLUTION NO. 91-27
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site and east of the proposed driveway, as depicted on the project
drawings referenced in Condition #A.l.a. and #A.l.b.
10.
The 30 foot landscape easement existing along the property's Camino
Tassajara frontage shall be the landscaped and maintained by the
developer. The own.er(s) of Parcels A and C of MS 860-90 shall be
responsible for the maintenance of the landscaping and related
improvements in this area. Prior to the issuance of a building permit,
for Parcel A, a deed restriction shall be developed and executed reflecting
this requirement. The deed restriction shall be submitted for review and
approval by the City Attorney prior to recordation.
11.
(Mitigation Measure) Any disturbance from grading and construction
along the creek slope areas of Parcel A of MS 860-90 shall be
hydroseeded upon completion of the grading activity.
12.
All landscaping and irrigation systems established within areas to be
covered by landscape easements benefitting the Town shall conform to
the Town's construction standards. Landscape and irrigation working
drawings for these areas are subject to review and approval by the
Town's Engineering, Planning and Maintenance Divisions prior to
installation.
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). The highest point of any roof
mounted equipment shall not extend above the top of the equipment
well.
All trash and refuse shall be contained within enclosures architecturally
compatible with the main structure(s). Enclosure design shall include six
(6) foot high masonry walls on three sides with steel framed gates and
wood bolted to the gates. Gates will be self-closing and self-latching.
The design of the enclosure shall be subject to Planning Division review
and approval.
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.
Plans for the service station/car wash shall be substantially as submitted
and accepted by the Design Review Board on June 12, 1991 and as
PAGE 9 OF RESOLU~ON NO. 91-27
depicted on the project plans referenced in Condition #A.l.b. 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.
Prior to the issuance of a building permit, samples of final colors and
materials selected shall be submitted to the Planning Department for
review and approval. A color palette has been approved by the Design
Review Board as depicted on the rendered drawing prepared by Majors
Engineering and dated May 20, 1991. The colors include tan stucco with
a red trim band and medium brown concrete tile roof.
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Signage for the service station/car wash on Parcel A of MS 860-90 (as
depicted on page seven of the Development Plan drawings cited in
Condition #A.l.b.) is approved as a part of this entitlement. Any changes
in the number, type or location will require review and approval by the
Planning Commission under separate application. Signage on Parcels B
and C shall be subject to review and approval with submittal of the Final
Development Plan for those sites.
E. PARKING
All parking spaces shall be striped and provided with wheel stops unless
they are fronted by concrete curbs, in which case sufficient areas shall be
provided beyond the ends of all parking spaces to accommodate the
overhang of automobiles.
* 2.
Where authorized, compact car spaces shall be clearly designated with
appropriate pavement marking or signage. Compact spaces shall be no
less than 8 feet by 16 feet in size including allowable overhang.
F. GRADING
* 1.
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 the Geotechnical
Feasibility Study prepared by Kleinfelder, Inc. dated June 7, 1991 and
submittal of a detailed soils report and construction grading plans
PAGE 10 OF RESOLUTION NO. 91-27
prepared for this project. The soils report shall contain specific
recommendations outlined in the Feasibility Study. Engineering
recommendations outlined in the project specific soils report shall be
incorporated into the design of this project.
* 4.
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.
5. The Final Grading Plans shall be signed by a licensed soils engineer.
G. CIRCULATION
(Mitigation Measure) The developer shall be responsible for the design
and construction costs of the acceleration/deceleration lanes along the
project's Camino Tassajara frontage. The developer's Civil Engineer shall
submit a striping plan for this area to the City Engineer for review and
approval.
(Mitigation Measure) The developer shall remove the median along
Tassajara Ranch Drive between Camino Tassajara and Center Way.
Striping done to the replace the median shall be designed and installed
by the developer in accordance with established traffic engineering
standards and practices and shall be subject to the City Engineer's review
and approval.
(Mitigation Measure) The developer shall design and install a median
break in the existing median along Camino Tassajara. This median
opening shall be designed in accordance with the recommendations
outlined in the Traffic Impact Study for Parcel C, prepared by TJKM and
dated June, 1991. Any hardscape and softscape landscaping damaged
during construction of the median break shall be repaired by the
developer.
(Mitigation Measure) Proposed Driveway C shall include a median island
to prevent left turn movements from Driveway C to the future use
developed on Parcel C of MS 860-90.
(Mitigation Measure) Driveway B shall be limited to right-turn-in and
right-turn-out movements only.
PAGE 11 OF RESOLUTION NO. 91-27
(Mitigation Measure) Traffic from proposed Parcel B of MS 860-90 shall
not be permitted to turn right into the use established on Parcel C of MS
860-90. The western driveway serving the future use on Parcel C of MS
860-90 shall be designed to preclude this turning movement.
(Mitigation Measure)' Future traffic conditions may warrant modifications
to Driveway C to maintain an acceptable level of service. Said
modifications, if deemed necessary, shall be the responsibility of the
developer of the use established on Parcel B of MS 860-90.
H. STREETS
* 1.
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.
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
City Engineer.
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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.
* 7.
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
PAGE 12 OF RESOLUTION NO. 91-27
10.
Engineer an up-to-date Title Report for the subject property. The
applicant shall be responsible for the design and installation of
meandering sidewalk along the Camino Tassajara frontage.
All public street/frontage improvements shall be installed within two
years or prior to occupancy of any building on the site. The culvert
crossing shown on proposed Parcel B shall be subject to review and
approval of the Town of Danville with the submittal of a Final
Development Plan application for Parcel B. The culvert is not to be
included in public improvements established for MS 860-90.
Improvement plans for MS 860-90 shall address the need to barricade
this area with temporary retaining walls until a Final Development Plan is
secured on Parcel B of MS 860-90.
Prior to the filing of a Parcel Map, the developer shall submit to the
Engineering Division four copies of improvement plans, landscape plans,
and cost estimated for construction of all areas within the public right-of-
The developer shall participate in the Crow Canyon Road Extension Fee
Benefit Area in accordance with City's Joint Exercise of Powers
Agreement with County dated February 10, 1987 and any subsequent
actions in furtherance thereof. Applicant shall pay to Town the unpaid
portions of the Fee Benefit Area fees prior to the issuance of building
permits. The developer shall pay the Fee Benefit Area fees in effect at the
time of issuance of any building permit and said fees shall be deposited
into a separate account entitled "Crow Canyon Road Extension-Area of
Benefit" (Account No. 076-000.000-003.019) for transfer to County and
reimbursement to Blackhawk. If the amount of the reimbursement to the
Crow Canyon Extension Fee Benefit Area is increased beyond $1920, the
$5377 average dwelling unit fee is increased by an amount equal to the
increase of the reimbursement fee over $1290.
INFRASTRUCTURE
Water supply service shall be provided by the East Bay Municipal Utility
District in accordance with the requirements of the District.
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Sewer disposal service shall be provided by the Central Contra Costa
Sanitary District in accordance with the requirements of the District.
Drainage faciliti¢~ and ca~cmcnt~ ~hall bc provided to thc ~atisfaction of
the City Engineer and/or the Chief Engineer of the Contra Costa County
Flood Control District.
PAGE 13 OF RESOLUTION NO. 91-27
The developer shall comply with all relevant requirements of the Contra
Costa County Flood Control District and the Department of Fish and
Game.
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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.
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All utilities required to serve the development shall be installed
underground.
All public improvement plans shall be prepared by a licensed civil
engineer.
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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
Depac~nent 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.
DRAINAGE
The developer shall be responsible for any off-site faciIities required to
convey runoff to the-nearest adequate downstream drainage facility.
All closed conduit drainage systems shall be designed with self-cleaning
flow velocities (not less than 2 feet per second).
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The public's responsibility for maintenance of drainage facilities shall
begin at the first inlet accepting public street drainage. Storm drains
serving only the commercial site are not acceptable as public facilities.
All storm water run-off shall be collected and conducted via an approved
drainage method to the nearest approved downstream facility.
PAGE 14 OF RESOLUTION NO. 91-27
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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
sweets 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.
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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.
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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.
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The Parcel Map shall include an unrestricted access easement along the
north side of the Alamo creek on Parcel B of MS 860-90. The easement
shall be offered in dedication to Contra Costa County Flood Control
District. The precise location and area of the easement shall be
determined with the .approval of a Final Development Plan approval for
Parcel B of MS 860-90. The recordation of the Parcel Map for MS 860-90
shall make provision of a floating easement covering the entire site.
Prior to recordation of the Parcel Map for MS 860-90, the developer shall
provide the Town with written verification from the Contra Costa County
PAGE 15 OF RESOLUTION NO. 91-27
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Flood Control District that they are relinquishing any interest for access
rights over the area north of Alamo Creek. (Note: Said verification shall
address the potential problems related to having the northern portion of
the subject property develop prior to the development of the adjoining
bas Homes site to the east which is necessary for the proposed
development of access to the creek from the south side of the creek.)
The developer shall provide the Town with written verification that
secondary access shall be provided to Parcel B of MS 860-90 across the
proposed flood control maintenance road located on the bas Homes
property located east of the subject site and depicted on the Minor
Subdivision submittal referenced in Condition #A.l.a.
10.
Common use agreements of approved driveway access shall be
developed and recorded covering the three parcels in MS 860-90. This
document shall be recorded prior to, or concurrent with, Parcel Map
approval. This document shall be submitted to the City Attorney for
review and approval prior to recordation.
Except at points of approved driveway access, abutter's rights along
Camino Tassajara and Tassajara Ranch Drive shall be relinquished by
way of recordation of the Parcel Map.
Conditions of this approval may require the developer to install public
improvements on land neither the developer, nor the Town, has
easement rights to allow the improvements to be installed on. Developer
shall be responsible for the 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
shall be borne by the developer.
Prior to recordation of a Parcel Map, the developer shall submit a
hydrology study to the Contra Costa County Flood Control for their
review and approval. The developer shall provide the Town with written
verification from the Contra Costa County Flood Control District that
their requirements regarding the flood water flow within the channel
have been satisfied.
This entitlement does not sanction the design or approval of the culvert
crossin$ to access Parcel B of Mfi ~0-90. All plans regarding that aspect
of development, including improvement plans, revegetation plan, creek
studies and environmental review shall be addressed with the Final
PAGE 16 OF RESOLUTION NO. 91-27
11.
Development Plan submittal. As part of the Final Development Plan
submittal for Parcel B, the developer shall be required to submit current
permits from the Department of Fish and Game and the Army Corp of
Engineers.
The proposed Service Station use on. Parcel A shall comply with
Ordinance No. 44-84; Gasoline Service Stations.
APPROVED by the Danville Planning Commission at a Regular Meeting on July 9, 1991,
by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Arnerich, Hughes, Hunt, Murphy, Osborn, Vilhauer
Wright
Chairman
o.~ty Attorney
ppmm30
PAGE 17 OF RESOLUTION NO. 91-27