HomeMy WebLinkAbout95-11 EXHIBIT A
RESOLUTION NO. 9~11
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE
RECOMMENDING THE TOWN COUNCIL APPROVE A MITIGATED NEGATIVE
DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND APPROVE
A PRELIMINARY AND FINAL DEVELOPMENT PLAN REQUEST
PUD 95-01 AND MAJOR SUBDIVISION REQUEST SD 7995
ALLOWING THE DEVELOPMENT OF A 40 UNIT
TOWNHOUSE PROJECT (APN: 206-010-050
-- KAUFMAN AND BROAD)
WHEREAS, Kaufman and Broad of Northern California has requested approval of a
Preliminary Development Plan - Rezoning request (PUD 95-01) and Final Development
Plan - Major Subdivision request (SD 7955) to rezone a property from P-l; Planned
Unit Development District to a new P-l; Planned Unit Development District and to
subdivide the property to allow for a site specific 40 unit Townhouse development on
a 5 +/- acre site; and
WHEREAS, the subject property is identified as Parcel B of Minor Subdivision MS 860-
90, being on the south side of Camino Tassajara, east of Center Way, across the creek
and south of the SpeeDee Lube service facility and is further identified as Assessor's
Parcel Number 206-010-050; and
WHEREAS, the Town of Danville Planned Unit Development Zoning Ordinance
requires approval of a Preliminary and Final Development plan prior to development
of the site; and
WHERF~S, the Town of Danville Subdivision Ordinance requires approval of a Major
Subdivision - Tentative Map prior to recordation of a final map; and
WHEREAS, the Planning Commission did review the project at a noticed public
hearing on April 25, 1995, and subsequently continue the item to the Commission's
May 9, 1995 meeting; and
WHEREAS, in continuing the item the Planning Commission requested that the
applicant and Town staff prepare specific additional information and site design
alternatives; and
WHEREAS, the public notice of this action was given in all respects as required by law;
and
WHERF~S,'a staff report was submitted recommending that the Planning Commission
recommend the Town Council approve the request; and
PAGE 1 OF RESOLUTION NO. 95-11
WHEREAS, the Planning Commission did hear and consider all reports,
recommendations, and testimony submitted in writin~ and presented at the hearing;
NOW, THEREFORE, BE IT
RESOLVED that the Planning Commission of the Town of Danville recommends that
the Town Council grant a Mitigated Negative Declaration of Environmental Significance
and approve of the Preliminary Development Plan - Rezoning request PUD 95-01 and
Final Development Plan - Major Subdivision request SD 7955 per the conditions
contained herein, and makes the following findings in support of this action:
Mitigated Negative Declaration of Environmental Significance:
The previously certified EIR prepared for the Dougherty Road Area General
Plan Amendment fully discussed potential impacts associated with development
of the Tassajara Ranch property satisfying the requirements of the California
Environmental Quality Act based on the following specific findings.
Contra Costa County adopted findings regarding the Environmental
Impact Report through adoption of Board of Supervisors Resolution
85/133 and Planning Commission Resolution 47-1984 (SR) including
mitigation measures for the project,
Pursuant to these mitigation measures, additional studies related to soils
and geology, and traffic have been completed identifying specific
mitigations, and
Co
Use of the prior EIR as a "Program EIR" is appropriate based on the
following:
(1) that feasible mitigation measures and alternatives developed in the
EIR for the Dougherty Road Area General Plan Amendment have been
incorporated; (2) that subsequent changes in the project including
relocating the proposed community park site, and the addition of two
commercial acres along Crow Canyon Road, do not require important
revisions of the prior EIR; (3) that there has not been substantial
changes with respect to the circumstances under which the project is
undertaken which require important revisions of the prior EIR; and (4)
no new information of substantial importance to the project has become
available which would require an additional EIR.
The actual amount of commercial and residential development (22.5
acres and 815 units) in the area is a reduction from the originally
approved twenty seven acres of commercial and 850 residential units
which were used as the basis for the previously certified EIR.
PAGE 2 OF RESOLUTION NO. 95-11
Additional potentially environmental impacts for this specific Final
Development Plan have been mitigated through project modifications. As
amended through conditions, no significant impacts are anticipated to be
associated with the project.
Preliminary Development Plan - Rezoning:
1. The proposed project is consistent with the Danville 2005 General Plan.
The uses authorized or proposed in the land use district are compatible within
the district and to uses authorized in adjacent districts.
3. Community need has been demonstrated for the use proposed.
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.
Final Development Plan - Major Subdivision:
The proposed subdivision is in substantial conformance with the goals and
policies of the General Plan.
The design of the proposed subdivision is in substantial conformance with the
applicable zoning regulations.
The design of the subdivision and the type of associated improvements will not
likely cause serious public health problems because water and sanitary facilities
services will be available to the new development.
The density of the subdivision is physically suitable for the proposed density of
development.
The design of the proposed subdivision and improvements are not likely to
cause substantial environmental damage or subsequently injure fish or wildlife
or their habitat since this property is in an area where residential development
has previously occurred.
The design of the proposed subdivision and proposed improvements will not
conflict with easements, acquired by the public at large, for access through or
use of, property within the proposed subdivision.
PAGE 3 OF RESOLUTION NO. 95-11
The proposal fulfills the following goals and policies contained within the
Danville 2005 General Plan:
The proposed project will help preserve the limited areas planned for multiple
family residential development (Policy 1.09).
The proposed project allows for development which is consistent with the
provision of essential public services and facilities (Policy 1.02).
The proposed project allows for development which recognizes the need for
suitably located housing facilities, and services for all age groups (Policy 1.04).
The proposed project is an example of well planned development which,
through the production of a full EIR for the Tassajara Ranch development area,
has considered the cumulative effects of development (Policy 1.10).
The proposed project, part of the Tassajara Ranch Planned Unit Development
Project, is an example of urban development which has achieved the goal of
preserving land for open space purposes (Policy 1.11).
The proposed project provides a public access easement along the adjacent
Alamo Creek (Policy 10.04)
The proposed project will help promote home ownership for moderate income
buyers (Housing Element Goal 3.0).
PAGE 4 OF RESOLUTION NO. 95-11
CONDITIONS OF APPROVAL
Conditions of approval with an asterisk C*") in the left-hand column are standard
project conditions of approval.
Conditions of approval typed in italicized text are mitigation measures derived from
the Mitigated Negative Declaration of Environmental Significance prepared for the
project.
Unless otherwise specified, the following conditions shall be complied with prior to
the initial final map for the project. Each item is subject to review and approval by the
Planning Division unless otherwise specified.
go
GENERAL
This approval is for Preliminary Development Plan - Rezoning request
PUD 95-01 and final Development Plan - Major Subdivision request SD
7955, also identified as Shadowhawk II. Development shall be
substantially as shown on the project drawings as follows, except as may
be modified by conditions contained herein;
Preliminary Development Plan, Final Development Plan and
Vesting Tentative Map SD 7955, labeled "California Shadowhawk
II", as prepared by Carlson, Barbee & Gibson, Inc., dated received
by the Planning Division on April 12, 1995.
bo
Architectural plans labeled "Shadowhawk II", as prepared by
Kaufman and Broad Architecture, dated received by the Planning
division on April 7, 1995.
Preliminary Landscape Plan labeled "California Shadowhawk II",
dated received by the Planning Division on April 7, 1995.
d0
Ridgeline comparison plans labeled "Ridgeline Comparison", as
prepared by Carlson, Barbee & Gibson, Inc., dated received by the
Planning Division on April 12, 1995.
eo
Revised project site plan which depicts the provision of a
recreation area, additional parking, and revised hammerhead
design on the west side of the site, as prepared by Carlson, Barbee
& Gibson, Inc., dated received by the Planning Division on May 5,
1995.
PAGE 5 OF RESOLUTION NO. 95-11
o
The applicant 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, and shall
be paid prior to issuance of said permit and prior to any Town Council
final approval action. Notice should be taken specifically of the Town's
Tassajara Area Transportation Impact fee, Assessment District
Reapportionment, Child Care Facilities, Contra Costa County Flood
Control 8: Water Conservation District fees (Drainage Areas and
Mitigation), Town of Danville plan checking, and inspection fees.
Prior to the issuance of grading or building permits, the applicant shall
submit written documentation that all requirements of the San Ramon
Valley Fire Protection District (SRVFPD) and the San Ramon Valley
Unified School District have been, or will be, met to the satisfaction of
these respective agencies. The SRVFPD's initial comments on this project
are summarized in part in their memorandum dated March 20, 1995.
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
shall be $1,300.
In the event that subsurface archeological remains are discovered during
any construction or pre-construction activities on the site, all land
alteration work within 100 feet of the find shall be halted, the Town
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 signifi, cance of the
find and to outline appropriate mitigation measures, if they are deemed
necessary. If prehistoric archaeological deposits are discovered during
development of the site, local Native American organizations shall be
consulted and involved in making resource management decisions.
Construction activity shall be restricted to the period between the
weekday hours of 7:30 a.m. to 5:30 p.m. (Mondays through Fridays),
unless otherwise approved in writing by the City Engineer for general
construction activity and the Chief Building Official for building
construction activity.
The applicant shall provide security fencing, to the satisfaction of the City
Engineer and/or the Chief Building Official, around the site during
construction of the project.
The applicant shall require their contractors and subcontractors to fit all
PAGE 6 OF RESOLUTION NO. 95-11
internal combustion engines with mufflers which are in good condition,
and to locate stationary noise-generating equipment as far away from
existing residences as feasible.
A watering program which incorporates the use of a dust suppressant,
and which complies with Regulation 2 of the Bay Area Air Quality
Management District shall be established and implemented for all on and
off-site construction activities. Equipment and human resources for
watering all exposed or disturbed soil surfaces shall be supplied on
weekends and holidays as well as work days. Dust-producing activities
shall be discontinued during high wind periods.
10.
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 except for items specifically excluded in a
construction-phases occupancy plan approved by the Planning Division.
No structure shall be occupied until construction activity in the adjoining
area is complete and the area is safe, accessible, provided with all
reasonably expected services and amenities, and appropriately separated
from remaining additional construction activity. A temporary vehicular
turnaround shall be provided at the end of the completed section of loop
roadway to allow separation of resident traffic and construction traffic.
11.
This project shall comply with all pertinent mitigation measures
established as part of the previously certified Dougherty Road General
Plan Amendment Environmental Impact Report.
12.
Prior to the commencement of any site work, a construction parking plan
shall be submitted for review and approval by the Planning Division. The
project's road system shall be installed prior to any combustible
construction. The roadway system shall be made available for use as on-
site construction parking area.
SITE PLANNING
Ail lighting shall be installed in such a manner that lighting is
generally down-directed and glare is directed away from surrounding
properties and rights-of-way. A lighting plan shall be submitted to the
for review and approval by the Planning Division and the Town's
Design Review Board prior to issuance of building permits for the
project and, if determined necessary to minimize glare and overall
lighting intensity, area lighting may be required to use low pole
atandarda (i,e. 3'-6' heighO.
PAGE 7 OF RESOLUTION NO. 95-11
o
The location of any pad mounted electrical transformers shall be subject
to review and approval by the Planning Division prior to the issuance of
a building permit. To the extent feasible, such transformers shall not be
located between any street and the front of a building.
Ail development, except for the previously approved creek crossing,
shall be kept outside of the creek area, which includes the area within
the dripline of the trees within the creek area, as shown on the
tentative map for the project (subject to modification and final
approval by the Army Corps of Engineers). Prior to development of the
site, this line shall be staked to delineate its exact location.
The number of building group end units which will abut the existing
single family homes to the south shall not exceed the number of
abutting single family units.
The ridge elevation of the townhouses shall not exceed the ridge
elevation of the adjacent single family homes.
A visual landscape planting buffer shall be established which shall
include select planting of fast growing 24" box size trees between the
Townhouse units and the existing adjacent single family homes to the
south. The goal of this buffer planting shall include mitigating
potential impacts of light and glare from project vehicles and project
lighting, and providing privacy screening between the townhouse end
units and the adjacent single family homes. Where appropriate, the
landscaping shall be evergreen to provide a year-round screen. In
order to identify the best placement of trees along the south project
boundary, this portion of the project landscape plan shall be developed
with input from affected adjacent homeowners during or directly after
the completion of the units. The landscape plan shall be subject to
review and approval by the Town's Design Review Board prior to final
approval.
A physical barrier, including an adequate landscape barrier, shall be
included in the final landscape plan near the southwest end of the
roadway adjacent to the creek. The intent of the barrier is to discourage
pedestrian shortcuts to Tassajara Ranch Drive.
The developer shall pursue necessary easement rights, or a title
agreement, from the owner of Parcel A of MS 860-90, to allow the use of
the southwest corner of the proposed project entry road and Camino
Tassajara for project entry landscaping and/or an entry monument. If
appropriate rights arc secured, thc design of this entry area shall be
PAGE 8 OF RESOLUTION NO. 95-11
10.
11.
12.
13.
14.
15.
submitted for review and approval by the Planning Division as part of the
final landscape and irrigation plans.
The maximum height for the retaining walls near the edge of the creek in
the northwest portion of the project, near the hammerhead turnaround,
shall be five feet. This may require the construction of two five foot
retaining walls, which shall have a minimum separation of three feet.
An adequate barrier, which might include landscaping, a rail fence or
fences shall be constructed along the north side of the project's interior
road, adjacent to the creek, as determined necessary by the City Engineer
for traffic safety. The barrier shall also meet the requirements of the
Contra Costa County Flood Control and Water Conservation District for
access to the creek. The design of the barrier shall be included in the
final landscape and irrigation plans for the project and shall be subject to
review and approval by the Design Review Board.
The design of the retaining walls to be constructed near the creek in the
northwest portion of the site shall be subject to final review and approval
by the Design Review Board prior to construction. Depending on the
height and visibility of the walls, the walls shall include a decorative
finish, or shall be a crib-wall with vegetation planting incorporated into
the wall.
The retaining wall between the hammerhead turnaround and the parking
stalls on the west side of the site shall be angled between the corner of
the parking stall and the corner of the turnaround, instead of the "L"
shape currently shown on the project drawings.
The developer shall dedicate a pedestrian trail easement over the
project's private road from the east side of B Street west to the
intersection of B Street and A Street. The easement shall then cover the
sidewalk on the east side of A Street, extending north to its intersection
with Camino Tassajara. This pedestrian trail easement shall be shown on
the final map for the project.
The developer shall reserve an area for a children's play area (tot lot)
and passive recreation/gathering area as shown on the revised project
plans referenced above. Improvements within the play area and passive
recreation/gathering area shall be installed prior to occupancy of the last
unit in the subdivision.
There shall be no greater than a one foot deviation for rearyard setbacks
for all proposed building groups from the setbacks shown on the above
PAGE 9 OF RESOLUTION NO. 95-11
referenced project plans.
LANDSCAPING
Final landscape and irrigation plans (with planting shown at 1"= 20' scale)
shall be submitted for review and approval by the Planning Division and
the Town's Design Review Board. 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 plant material shall be served by an automatic underground irrigation
system and maintained in a healthy growing condition. Irrigation shall
comply with Town of Danville Landscape Ordinance #91-14 and shall be
designed to avoid runoff and overspray.
All trees shall be a minimum of 15 gallon container size. All trees shall be
properly staked. All shrubs used in the project, which are not used as
ground cover, shall be a minimum of five gallons in size.
All landscaped areas not covered by shrubs and trees shall be planted
with live ground cover. All proposed ground cover shall be placed so
that they fill in within two years.
In compliance with the Town's landscape guidelines, proposed common
maintenance lawn areas within the project shall not exceed a maximum
of 25 percent of proposed common landscaped areas.
The design of the project's rearyard slope, between the units and the
existing rearyard fence line of the existing single family homes, shall be
designed to assure the ability to establish substantial landscaping in this
area. Observation of this requirement may result in the need to
construct some low retaining walls along the southern boundary of the
property. In addition, a minimum one foot of flat area (at the same
grade as the adjacent rearyards) shall be provided adjacent to the existing
rearyard fences for the existing homes to the south prior to
commencement of the sloping landscaped area.
o
New landscaping between the creek wetlands line and the project's
private street, in the southwest portion of the site, shall emphasis planting
to mitigate the view of the retaining walls proposed for development in
this area.
The developer shall diligently pursue necessary easements or license
agreements to landscape the off-site area on the east side of Tassajara
PAGE 10 OF RESOLUTION NO. 95-11
D0
Ranch Drive, west of Alamo Creek and north of Zenith Ridge Drive. If
the necessary agreements are secured, this landscaping shall consist of
24' box size evergreen type trees to provide a planting buffer from
Tassajara Ranch Drive east into the project site.
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 structures.
The street numbers for each structure in the project shall be posted so as
to be easily seen from the street at all times, day and night.
Samples of final materials and the proposed color pallet shall be
submitted for review and approval by the Design Review Board prior to
the issuance of building permits for the project.
Final architectural elevations, details and revisions shall be submitted for
review and approval by the Design Review Board prior to issuance of
building permits for the project.
o
The project covenants, conditions and restrictions shall provide a review
and approval process for any proposed repainting or reroofing of
exteriors of the units in this project.
°
The rock treatment on the unit front elevations should wrap around the
corner to a logical termination point on all end units.
A revised color pallet shall be developed to help provide an identity for
this project which is separate from the previously approved 196 unit
Shadowhawk project on Center Way.
Final details, colors, materials, and the Final Landscape Plan shall be
submitted for final review and approval by the Design Review Board
prior to issuance of Building Permits.
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.
PAGE 11 OF RESOLUTION NO. 95-11
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.
Regulatory signage/curb painting for the non-parking side of the interior
loop roadway shall be provided, if deemed necessary, to the satisfaction
of the San Ram0n Valley Fire Protection District and the City Engineer.
The project CC & Rs shall include language to regulate the frequency that
residents can utilize the common guest parking spaces. The intent of this
requirement is to prevent other than short term, intermittent occupancy
of guest spaces by resident cars (i.e., parking of resident cars is to be all
but exclusively limited to private garage parking spaces). The language
shall include a provision to enable the project's home owner's
association to assess a $25 daily fee for violation of this requirement.
GRADING
Any grading on adjacent properties will require prior written approval of
those property owners affected.
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, to the homeowner associations of
nearby residential projects and to the Town of Danville Development
Services Department, a notice that construction work will commence. The
notice shall include a list of contact 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.
Development shall be completed in compliance with a detailed soils
report and the construction grading plans prepared for this project.
The engineering recommendations outlined in the project specific soils
report shall be incorporated into the design of this project. The report
shall include specific recommendations for foundation design of the
proposed buildings and shall be subject to review and approval by the
Town's Engineering and Planning Divisions. The soils report shall
include an addendum which specifically addresses the design of the
proposed fill slope adjacent to the creek are near the west portion of
the site. Construction of the fill slopes shall be in compliance with the
PAGE 12 OF RESOLUTION NO. 95-11
II
o
10.
recommendations of the report. In addition, the soils report shall
discuss and make recommendation pertaining to seismic hazards
(ground rupture, ground shaking, liquefaction, etc). Additionally, the
soils report shall address, and recommend appropriate mitigation for,
potential geotechnical impacts that the proposed development may
have on adjacent surrounding properties.
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 City Engineer. It shall
be accompanied by an engineering and geological opinion as to the
safety of the site from settlement and seismic activity.
Ail development shall take place in compliance with the Town Erosion
Control Ordinance (Ord. 91-25). Restrictions include limiting
construction primarily to the dry months of the year (May through
October) and, if construction does occur during the rainy season, the
use of sediment traps and other devices to minimize erosion.
All new development shall be consistent with modern design for
resistance to seismic forces. All new development shall be in accordance
with the Uniform Building Code and Town of Danville Ordinances.
All cut and fill areas shall be appropriately designed to minimize the
effects of ground shaking and settlement.
Stockpiles of debris, soil, sand or other materials that can be blown by
the wind shall be covered.
If toxic or contaminated soil is encountered during construction, all
construction activity in that area shall cease until the appropriate action is
determined and implemented. The concentrations, extent of the
contamination and mitigation shall be determined by the Contra Costa
County Health Department. Suitable disposal and/or treatment of any
contaminated soil shall meet all federal state and local regulations. If
deemed appropriate by the Health Department, the applicant shall make
provisions for immediate containment of the materials.
All grading activity shall address National Pollutant Discharge Elimination
System (NPDES) concerns. Specific measures to control sediment runoff,
construction pollution and other potential construction contamination
shall be addressed. A NPDES construction permit may be required, as
determined by the City Engineer.
PAGE 13 OF RESOLUTION NO. 95-11
I1.
Areas undergoing grading, and all other construction activities, shall
be watered, or treated with other dust control measures, to prevent
creation of dust and impacts associated with wind erosion.
12.
The final grading plan shall be submitted for review and approval by the
Planning Division and the Town's Design Review Board prior to final
approval. The goal of the grading plan shall include minimizing the
elevation of the project's units.
STREETS
The applicant 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 applicant as may be required by
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
Transportation Division and the Police Department.
All mud or dirt carried off the construction site onto adjacent streets shall
be swept or water-flushed each day.
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 applicant. This
shall include slurry seal, overlay or street reconstruction if deemed
warranted by the City Engineer.
o
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 standard plans and specifications of the Development Services
Department and Chapters XII and XXXI of the Town Code. At the time
project improvement plans are submitted, the applicant shall supply to
the City Engineer an up-to-date title report for the subject property.
Public streets shall be improved to the standards in #G.5. above. Private
streets shall be improved to public street structural standards. Private
street improvements, and their dimensions, shall be as shown on the
project plans identified in #A. 1. above and shall conform to Standard
Plan 104 a & b.
PAGE 14 OF RESOLUTION NO. 95-11
A satisfactory private road and private storm drain maintenance
agreement shall be submitted for approval of the City Attorney prior to
any Town Council final approval action.
This subdivision has 164 linear feet of frontage along Tassajara Ranch
Drive. This subdivision shall be responsible for the improvement of this
164 feet of frontage with the installation of a 5' wide concrete sidewalk.
Because of increased pedestrian traffic from this development and the
presence of existing, unsafe, broken sidewalk lying southerly of this
development's frontage along Tassajara Ranch Road, this development
shall also be responsible for continuing the 5' wide concrete sidewalk,
southerly to the northeast corner at Center Way (an additional 90').
The developer shall improve the entrance of this subdivision at Camino
Tassajara with the installation of a proper curb return and handicap
ramp as well as a concrete curb and gutter along the west side of "A"
street.
10.
"A" street shall be widened to provide a total of 30 feet of roadway,.and
the proposed 4.5 foot wide sidewalk.
INFRASTRUCTURE
Domestic water supply shall be from an existing public water system.
Water supply service shall be from the East Bay Municipal Utility District
(EBMUD) water system in accordance with the requirements of EBMUD.
EBMUD's initial comments on this project are summarized within their
memorandum dated March 14, 1995.
All wastewater shall be disposed into an existing sewer system. Sewer
disposal service shall be from the Central Contra Costa Sanitary District
(CCCSD) sewer system in accordance with the requirements of CCCSD.
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 & Water Conservation District (CCCFC & WCD).
All required improvements to area creeks for drainage purposes shall
meet the requirements of existing Town of Danville, Contra Costa County
Flood Control & Water Conservation District, the Department of Fish &
Game, the Department of U.S. Fish and Wildlife, and the United States
Army Corps of Engineers codes and policies.
PAGE 15 OF RESOLUTION NO. 95-11
0
o
10.
11.
12.
13.
14.
Ail runoff from impervious surfaces shall be intercepted at the project
boundary and shall be collected and conducted via an approved
drainage method through the project to an approved storm drainage
facility, as determined by the City Engineer.
Roof drainage from structures shall be collected via a closed pipe and
conveyed to an approved storm drainage facility of the street curb. No
concentrated drainage shall be permitted to surface flow across
sidewalks.
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.
The applicant 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 Town 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 new utilities required to serve the development shall be installed
underground.
All street, drainage or grading improvement plans shall be prepared by a
licensed civil engineer.
If deemed necessary by the City Engineer, a Storm Water Pollution
Prevention Plan (SWPPP) shall be prepared as part of the preparation of
project improvement plans to assure prevention of construction related
silt and pollutants from leaving the site and polluting the downstream
water courses. The SWPPP shall supplement the erosion control plan
prepared for the project.
If a common carwash area is created to serve the project, the waste water
created by washing cars shall be directed to the sewer collection system
PAGE 16 OF RESOLUTION NO. 95-11
rather than the storm water collection system, unless otherwise
authorized by the SWPPP.
15.
The final design of the arch bridgecreek crossing shall be subject to
review and approval by the Contra Costa County Flood Control and
Water Conservation District, the City Engineer. The final bridge design,
including safety rails, shall be submitted for review and approval by the
Town's Design Review Board prior to final approval. The design of the
bridge shall be consistent with the arch bridge design presented at the
5/9/95 Planning Commission meeting and with the photos and section
drawings on file with the Planning Division. Construction shall take place
is conformance with the required permits from the U.S. Army Corps of
Engineers and the California Department of Fish and Game.
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 applicant to install public
improvements on land neither the applicant, nor the Town, has
easement rights to allow the improvements to be installed upon. The
applicant shall be responsible for acquisition of said easement rights
through private negotiations. If the applicant is unsuccessful in
negotiations, the applicant shall apply to the Town for use of eminent
domain powers in accordance with Town Resolution No. 78-85. All
easement rights shall be secured prior to Town Council final approval of
any subdivision map. All costs associated with such acquisition shall be
borne by the applicant°
Pursuant to Government Code section 66474.9, the applicant (including
the applicant or any agent thereof) shall defend, indemnify, and hold
harmless the Town of Danville and its agents, officers, and employees
from any claim, action, or proceeding against the Town or its agents,
officers, or employees to attack, set aside, void, or annul, the Town's
approval concerning this development application, which action is
brought within the time period provided for in Section 66499.37. The
Town will promptly notify the applicant of any such claim, action, or
proceeding and cooperate fully in the defense.
The project homeowners' association, through project-specific covenants,
conditions and restrictions (CC&Rs), shall be responsible for
PAGE 17 OF RESOLUTION NO. 95-11
maintenance of all on-site roads, pedestrian ways, common landscape
areas, common fencing, internal roads and parking areas, common
drainage facilities 'and any project installed off-site landscaping. Draft
project CC&Rs shall be submitted to the Town of Danville for review and
approval a minimum of 30 days prior to recordation of the final map.
o
The project CC&Rs shall include a provision which requires unit garages
to be used for parking of cars, and not for storage of other materials.
The project CC&Rs shall include a statement advising the homeowners of
the maintenance easement in favor of the Contra Costa County Flood
Control and Water Conservation District (CCCFC&WCD) which covers
the creek and the project's private road along the creek. The statement
shall also advise and require the homeowners to vacate the guest parking
spaces along the creek as may be required by the CCCFC&WCD for
periodic maintenance of the creek.
* 7. Use of a private gated entrance is expressly prohibited.
* 8.
The location, design and number of gang mailbox structures serving the
project shall be subject to review and approval by the Design Review
Board and the local Postmaster.
Documentation shall be submitted to the Town to show that all
appropriate permits from the California Department offish and Game
and the U.S. Army Corps of Engineers have been obtained by the
developer and that development authorized by these permits is
substantially consistent with the approved tentative map. Said
documentation shall be submitted prior to any project related
construction activities. Construction of the creek crossing, and any
other construction addressed in these permits, shall take place in
compliance with these permits.
10.
A minimum of fifteen percent of the project units (six units) shall be
made available to three or four persons households with "moderate"
incomes, as established by the State Department of Housing and
Community Development (HCD) and the United States Department of
Housing and Community Development (HUD). Sales prices of these
units shall not exceed the maximum price affordable to three-person or
four-person households, as applicable, with 110% of the median income
established for Contra Costa and Alameda Counties. The maximum sales
prices shall be based on the following assumed variables; 8.25% interest
rate; maximum monthly assignment of housing costs of 35% of gross
monthly income; taxes at 1.25% of the purchase price of the home;
PAGE 18 OF RESOLUTION NO. 95-11