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HomeMy WebLinkAbout96-12EXHIBIT A RESOLUTION NO. 96-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE RECOMMENDING THE TOWN COUNCIL ADOPT A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND APPROVE PRELIMINARY DEVELOPMENT PLAN - REZONING REQUEST PUD 95-03, FINAL DEVELOPMENT PLAN REQUEST DP 95-01 AND MAJOR SUBDIVISION REQUEST SD 7960 --W.C.P. DEVELOPMENT COMPANY (APN: 207-061-024) WHEREAS, W.C.P. Development Company has requested approval of Preliminary Development Plan - Rezoning, Final Development Plan and Major Subdivision requests to rezone a 12.38+ acre site from A-2; General Agricultural District to P-l; Planned Unit Development District and to subdivide the property to create 19 single family residential lots; and WHEREAS, the subject site is located on the south side of Camino Tassajara at 2410 Camino Tassajara and is identified as Assessor's Parcel Number 207-061-024; and WHEREAS, the Town of Danville P-l; Planned Unit Development District requires approval of a Preliminary Development Plan - Rezoning request prior to approval of a Final Development Plan and Major Subdivision requests; and WHEREAS, the Town's Subdivision Ordinance requires approval of a Major Subdivision - Tentative Subdivision Map request prior to recordation of a Final Map; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on March 12, 1996; and WHEREAS, the public notice of this action was given in all respects as required by law; and WHEliEAS, a draft Mitigated Negative Declaration of Environmental Significance has been prepared for the project indicating that, as modified through project conditions of approval, no significant environmental impacts are expected to be associated with the project; and WHEREAS, a staff report was submitted recommending that the Planning Commission recommend that the Town Council approve the request; and WHEREAS, the Planning Commission did hear and consider all reports, recommendations, and testimony submitted in writing and presented at the hearing; now, therefore, be it RESOLVED that the Planning Commission of the Town of Danville recommends the Town Council adopt a Mitigated Negative Declaration of Environmental Significance and approve the Preliminary Development Plan - Rezoning; Final Development Plan; and Major Subdivision requests per the conditions contained herein, and makes the following findings in support of the Preliminary Development Plan - Rezoning request: The proposed Rezoning will substantially comply with the Town's 2005 General Plan, and specific to the development criteria pertaining to the Sherburne Hills/Tassajara Lane area will serve as a catalyst for further development and achievement of the goals for bringing basic services into the sub-area. The residential development authorized in the land use district is compatible with uses authorized in adjacent districts. Community need has been demonstrated for the use proposed and the off-site public improvements which will be contributed to by this development. o 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 proposed Planned Unit Development is in conformance with the Danville 2005 General Plan Goals and Policies and the Sycamore Valley Specific Plan. The Planned Unit Development will constitute a residential environment of sustained desirability and stabiliw, and will be in harmony with the character of PAGE 2 RESOLUTION NO. 96-12 the surrounding existing neighborhood and the ultimate development planned for the subject area. and, be it further RESOLVED that the Planning Commission of the Town of Danville makes the following Findings in support of the Final Development Plan and Major Subdivision requests: The proposed subdivision is in substantial conformance with the goals and policies of the Danville 2005 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 parcels created by this subdivision. 4. The density of the subdivision is physically suitable for the subdivision site. The design of the subdivision and associated 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 subdivision and associated improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. o 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 environmental impacts identified in the Mitigated Negative Declaration of Environmental Significance prepared for PAGE 3 RESOLUTION NO. 96-12 this project. 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 Town Council approval of the initial final map for the project. Each item is subject to review and approval by the Planning Division unless otherwise specified. A. GENERAL This approval is for a Preliminary Development Plan - Rezoning request (PUD 95-03); a Final Development Plan request (DP 95-01) and a Major Subdivision request (SD 7960), which jointly serve to rezone the subject 12.37+ acre property from A-2; General Agricultural District to P-1; Planned Unit Development District and subdivide the property into 19 lot single family parcels. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; ao Vesting Tentative Map - Preliminary & Final Development Plan, labeled Creek View as prepared by dk Associates, dated received by the Planning Division March 4, 1996. bo Preliminary landscape plan labeled "Creek View - Preliminary Planting Plan," as prepared by Gates & Associates, dated received by the Planning Division on March 4, 1996. 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 PAGE 4 RESOLUTION NO. 96-12 approval action. Notice should be taken specifically of the Town's Sycamore Valley Benefit District Fees, Child Care Facilities fees, Contra Costa County Flood Control & Water Conservation District fees (Drainage Areas and Mitigation), Plan Checking, and Inspection fees. Prior to the recordation of the initial Final Map and 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 June 1, 1995. Within ten days of the effective date of this approval, the applicant shall submit to the Town of Danville a check payable to the Contra Costa County Clerk in the amount of $25.00 required to file a Notice of Determination for this project. o 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 significance 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. o 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. PAGE 5 RESOLUTION NO. 96-12 0 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 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. If the applicant 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; and phasing of project grading. The phasing plan shall be subject to the review and approval of the City Engineer and Chief of Planning. B. SITE PLANNING * 1. All 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. 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. Any on-site wells and septic systems shall be destroyed in accordance with PAGE 6 RESOLUTION NO. 96-12 o Contra Costa County Health Services Department - Environmental Health Division regulations. Environmental Health Division permit and inspections for this work shall be obtained. 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 five foot clear and level passage on side yards. Lot sizes and lotting pattern shall be substantially consistent with those shown on the Preliminary Development Plan - Rezoning referenced in Condition #A.l.a. above, except as may be modified in the following conditions. Lots created by this development (with the exception of Lots 8, 9 and 19) shall be developed in a manner consistent with the Town's R-7; Single Family Residential District standards and Ordinance No. 43-84, Single Family Residential Districts. Lot setbacks for the duet units (i.e. Lots 8 and 9) shall be as generally shown as depicted on the approved tentative map. Development criteria and allowable uses for Lot 19 shall be governed by the standards set forth under the Town's R-100; Single Family Residential District. 10. Each dwelling unit shall have a minimum of two vehicle parking spaces located in a garage and two additional on site spaces (each space to be a minimum size of 9' x 19') contained within a driveway. All garage doors shall be sectional and operated by an automatic garage door opener. A Scenic Easement shall be established on Lot 19 as depicted on project drawings referenced in Condition #A. 1. a above. The purpose of the easement is to restrict the installation of urban landscaping, fencing and structures within the slope areas above and below the development area proposed for Lot 19. All fences within the scenic easement shall be wire PAGE 7 RESOLUTION NO. 96-12 mesh. It is anticipated that a barn or similar agricultural structure(s) will be requested within the scenic easement and shall be subject to Planning Commission approval of a Development Plan. Planning staff may refer such a proposal to the Design Review Board for consideration and action, if deemed necessary. 11. The scenic easement located on Lot 19 shall be expanded to prevent development in the southwest corner of the parcel. The area located southwest of the 546foot contour line, and 175+feet from the west property line shall be included in the scenic easement area. This revision is subject to review and approval by the Planning Division prior to approval of the Final Map (see Exhibit F included in March 12, 1996 staff report for this project). A deed restriction shall be recorded for Lot 19 that prohibits further subdivision of the Parcel. C. LANDSCAPING * 1. Final landscape and irrigation plans (with planting shown at 1"= 20' scale) shall be submitted for review and approval by the 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 automatic 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. Shrubs used in the project, which are not used as ground cover, shall be a minimum of five gallons in size. All attempts shall be made to preserve trees identified as #490, #493 and #496 in the HortScience, Inc. arborist report dated April 26, 1995. In efforts to preserve trees identified as #490 and #493, it may be necessary to modify the design of C Court subject to the review and approval of PAGE 8 RESOLUTION NO. 96-12 the Planning Division. o 7. The tree preservation guidelines established in the tree survey/arborist report performed for this site (2410 Camino Tassajara, prepared by HortScience and dated Apri126, 1995) shall be incorporated into the detailed site development plans. The tree-specific preservation guidelines for those existing protected trees to be retained within the project shall be incorporated into the final design and construction of the project. A certified arborist shall review the detailed site development plans prior to commencement of any construction activity. A written report from the arborist shall be prepared and submitted to the Town addressing the adequacy of the plans relative to the incorporation of identified tree- specific preservation guidelines. Removal of any trees within the creek area will be allowed only upon prior written approval from the Planning Department. Small, selective, significant trees identified in the arborist' s report shall be saved and transplanted within the project, to the extent feasible. As a guarantee oft he preservation of the three protected Valley Oak trees (identified in the HortScience Arborist Repor0 which are to be retained on Lot 19, a cash deposit (or other security acceptable to the Chief of Planning) shall be posted on a per tree basis as required by the Town's Tree Protection Ordinance (Ord. No. 138). The Town shall retain the deposit for the period of two full growing seasons after site development activity and return it upon verification of the trees' continued good health. 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. A minimum of two street trees per lot (three for corner lots) shall be incorporated into the final landscape and irrigation plan for the project. All street trees shall be a minimum 15 gallon size. The species of trees utilized shall be subject to review and approval by the Planning Division. PAGE 9 RESOLUTION NO. 96-12 10. 11. Final landscape plans shall include details and specifications of the architectural soundwall to be installed along the Camino Tassajara frontage. The soundwall shall be a private facility, with maintenance responsibility lying with the private homeowners association. Installation oft he soundwall and landscaping along the Camino Tassajara frontage shall be completed prior to occupancy of any units. A mechanism acceptable to the Town shall be established to provide for the common maintenance of the open space/landscape area along Sycamore Creek. 12. 13. 14. The developer shall develop a minimum of three landscape alternatives for front yard landscaping. The landscape alternatives shall be submitted for review and approval by the Town's Design Review Board prior to issuance of building permits for the project. Home buyers shall have the option of purchasing a landscape alternative of their choice to be installed by the developer. If a landscape scheme is not purchased and installed by the developer, street trees shall be installed by the developer as required. All front yard landscaping shall be installed within six months of completion of the unit or within six months of occupancy by the homeowner, whichever comes first. The CC&Rs for the project shall be modified to reflect this condition and shall be submitted for review and approval by the Town prior to issuance of building permits. Shrubs not used as ground cover shall be a minimum of 5 gallons is size. All landscaped areas not covered by shrubs and trees shall be planted with live ground cover. The developer shall be responsible for the installation of a water meter to serve the landscape area along Camino Tassajara unless it is determined, to the Town's satisfaction, that existing irrigation lines can be extended to serve this area. 15. 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. The PAGE 10 RESOLUTION NO. 96-12 16. design of the improvements shall be subject to review and approval of the City Engineer. Landscaping located on the north side of the creek adjacent to the public trail (including the area located between the east property line of Lot 18 and the private driveway serving Lot 19) shall be maintained by the project Homeowner's Association. D. ARCHITECTURE * 1. 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. o o ° o The street numbers for each residence in the project shall be posted so as to be easily seen from the street at all times, day and night. A Final Development Plan application shall be submitted addressing project architecture, details, samples of materials, and the proposed color pallet. The Development Plan is subject to the review and approval of the Planning Commission. This submittal shall be subject to review and approval by the Design Review Board prior to issuance of building permits for the project. A minimum of three different units, each with a minimum of two elevation types, shall be developed for the project. If signing for the development is desired, in addition to any signs approved as part of this application, a comprehensive sign program shall be submitted to the Town for consideration under a separate application. No building or structure shall exceed two stories or 28 feet in height, measured from average finished grade to the ridge beam. However, uninhabitable minor architectural features such as dormers, towers and chimneys may be constructed as high as thirty five feet, measured from average grade. No major rooflines shall exceed 28 feet measured from average grade. PAGE 11 RESOLUTION NO. 96-12 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. Lot 19 is located within a Town-identified Scenic Hillside Area. Development of the lot, including landscaping, is subject to a separate, subsequent Development Plan application that is subject to review and approval by the Design Review Board and the Planning Commission. The general pad height and location shall be consistent with the project drawing referenced in Condition #A. 1. a above. The maximum height of the residence shall not exceed twenty-four feet above average finished grade and shall be a true single story in design. During review of the Development Plan for the residence, the Town will consider the need for a landscape berm that may be necessary to be developed with the overall grading and landscape design to reduce visual impacts of the structure as viewed from off-site areas. Mitigation measures necessary to address off-site visual impacts associated with the subject residence shall be subject to review and approval by the Design Review Board. Project fencing shall be installed by the developer and is subject to review and approval of the Design Review Board prior to issuance of building permits. Fences shall not exceed a height of six feet, however, this entitlement allows fencing on the east property line of Lots 4-9 to be a maximum of 7.5 feet in height to provide screening of the adjacent land use. Any fence, hedge or wall located within the required minimum primary or secondary front yard areas shall not exceed 42 inches in height as measured from the adjacent curb elevation. All parcels abutting the Sycamore Creek shall utilize a consistent fencing design. Maintenance of that section of fence shall become the responsibility of the individual property owners of Lots 1-3, 17 and 18. The existing grade of the adjacent property to the east of the subject site PAGE 12 RESOLUTION NO. 96-12 (APN: 207-061-020 - Sherman)'has a higher grade level than the subject property. For that portion of the shared property boundary for Lots 6-9 and the Sherman property, the developer of the subject site shall pursue rights to extend the existing grade on the Sherman property to the joint property line where a project fence is to be constructed and/or install off- site landscape treatment on the Sherman property. The intent of this design is to provide more effective screening of the Sherman property from the subject project and mitigate problems associated with differential pad elevations. 10. The developer shall install fencing on the boundary of the trail easement located on Lot 19 when the trail is constructed. The fence design and location are subject to prior approval by the Planning Division. E. CREEK IMPROVEMENTS The developer has completed an update to a previously completed flood study (the update, titled Creekview Sycamore Creek Study was prepared by RMR Design Group is and dated June 27, 1995). The developer shall document that the design of the proposed improvements meet the requirements of the flood studies to the satisfaction of the City Engineer and the Contra Costa County Flood Control and Water Conservation District, Department of Fish & Game and the Regional Water Quality Control Board prior to submittal of a Final Subdivision Map. The natural character of Sycamore Creek shall be preserved and enhanced for its habitat value and as a recreation and visual amenity. The proposed creek improvements shall be subject to the satisfaction of the Town's Creek Committee, City Engineer, the Contra Costa County Flood Control and Water Conservation District, Department of Fish & Game and the Regional Water Quality Control Board prior to the recordation of the initial submittal of a Final Map for the project. 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. Landscaping shall be installed along the banks of Sycamore PAGE 13 RESOLUTION NO. 96-12 Creek to enhance the appearance of this topographical feature. Sycamore Valley Creek improvements, structure setbacks and right-of-way dedications and access provisions shall conform to recommendations of the Contra Costa County Flood Control and Water Conservation District and any deviations therefrom authorized by the City Engineer. Prior to approval of a Tentative Map, specific written conditions from the Flood Control District shall be obtained. The developer shall submit a detailed revegetation plan for the impacted area along Sycamore Creek. Special emphasis shall be placed on the area where channel widening/enhancement is proposed, to deliver a product that will be visually similar to the natural riparian habitat. Disturbed slope areas along the creek (disturbed for lot or road development or for creek improvements) shall receive an upgraded hydroseeding with heavy planting of native vegetation and trees. PUBLIC TRAIL A paved maintenance road/creek trail system shall be developed on the north side of the creek as a part of this project. The paved maintenance road/creek trail shall be constructed subject to the width standards of the Contra Costa County Flood Control and Water Conservation District standards. There shall he no through access for maintenance vehicles or public trail use to the existing asphalt maintenance road located on the north side of Sycamore Creek at the adjacent Brookview subdivision (SD 6699), unless said access is subsequently authorized by actions of the Brookview HOA and/or the Town of Danville. A future trail will be constructed by the Town of Danville within the existing Public Trails Easement located on the south side of the creek in the Brookview Subdivision (SD 6699) to the west. The developer for the subject subdivision shall dedicate and develop a trail to provide a connection from the Town-installed trail on SD 6699 to the bridge providing access to Lot 19. The public trail section leading west from the PAGE 14 RESOLUTION NO. 96-12 bridge on Lot 19 approximately 100 feet to the west shall be of asphaltic material and shall be six feet in width with a one foot wide gravel shoulder provided on each side of the trail. This section of the trail shall be handicap accessible and shall include a bench (or benches) for public use at the western terminus of the trail. The trail section leading from the handicap accessible section shall transition to a six foot wide crushed granite trail. The trail shall maintain an average six feet width, however, sections may be reduced to a four foot width due to topographical and grading considerations subject to review and approval by the Planning Division. This section of trail shall conform to the final design for the Town-installed trail located on SD 66990 The location of the trail easement on Lot 19 is not approved as proposed. The trail easement south of the creek shall be modified to match the structural setback line on the Tentative Map, or shall be expanded to a 35 foot width from the north property line (whichever is greater) running from the creek to a point aligned with the existing southeast trail easement boundary line located on SD 6699. A public trail access easement shall be included on the Final Map that allows public access from the public right of way at the bulb for A Drive over the bridge to the south side of Sycamore Creek, and including the revised trail easement as indicated above that connects to the existing trail easement located on SD 6699. All trail improvements located on Lot 19 and the bridge providing access to Lot 19 shall be constructed with the first phase of the subdivision. The developer is responsible for installation and maintenance of the trail system and all related design amenities as set forth hereunder. The developer shall notify the Town of the date of completion of construction of the trail system and related design amenities. Within six months of such date of completion, the Town shall, if the construction conforms to its specifications, accept the trail system and related design amenities as constructed. The developer shall remain responsible for the maintenance of the system and related design amenities for one year from the date of PAGE 15 RESOLUTION NO. 96-12 completion of construction. After such one year maintenance period has expired, the Town of Danville (or other public agency as may be assigned by the Town) will accept maintenance responsibility for this portion of the creek trails system. G. GRADING * 1o 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. 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. PAGE 16 RESOLUTION NO. 96-12 o All 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. 10. 11. 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. Runoff from any contaminated soil shall not be allowed to enter Sycamore Creek. 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. Grading and land preparation shall be restricted to the period of April 15 to October 15 to minimize erosion and depositing of sediments, except as may be authorized in writing by the City Engineer. All exposed erodible slopes resulting from grading activities shall be hydromulched or PAGE 17 RESOLUTION NO. 96-12 otherwise stabilized by the developer by October 15 of each year. STREETS * 1. * 2. 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 offthe 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. 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 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. Handicapped ramps shall be provided and located as required by the City Engineer. Public streets shall be improved to the standards in #H.5. above. Private streets shall be improved to public street structural standards. Private street improvements, and their dimensions, shall be substantially as shown PAGE 18 RESOLUTION NO. 96-12 on the project plans identified in Condition #A. 1. above and shall conform to Town of Danville Standard Plan 104 a & b. 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 development shall be responsible to contribute a minimum of $210,000 towards common-benefit improvements benefiting the Tassajara Lane area (said improvements being those listed in the Planning Commission report dated March 12, 1996, for this item). Preliminary cost estimates indicate that creek improvements within the boundaries of the subject property will be $125,000+__, with related creek improvement fees being $35,000~+. The balance of the project's obligations towards common-benefit improvements (i.e., $50,000+) shall be allocated towards the planned future traffic signal at the intersection of Tassajara Lane and Camino Tassajara. If the actual cost of common-benefit creek improvements located on the Walton property are different than estimated, the difference shall be applied as an adjustment to the project's contribution to the design and construction of the traffic signal. Fees allocated towards the design and construction of a traffic signal at Camino Tassajara and Tassajara Lane shall be paid to the Town prior to the recordation of the initial Final Map for this project. The final amount of fees to be allocated to the traffic signal are subject to the review and approval of the City Engineer and the Chief of Planning. Formation of a Fee Benefit District, or any other form of a reimbursement agreement for the common-benefit improvements, requires approval by the Town Council. 10. The bridge providing access to Lot 19 shall be a minimum width of 12 feet. The bridge and its abutments shall be designed so as to readily accommodate the installation of an additional (i.e. parallel) abutting 12 foot wide bridge to provide an ultimate bridge width (i.e., 24+ feet) necessary to provide access to potential development located east of Lot 19. The bridge shall be designed in accordance with all requirements of the San Ramon Valley Fire Protection District, the Contra Costa County Flood PAGE 19 RESOLUTION NO. 96-12 Control and Water Conservation District, the Army Corps of Engineers, the Department of Fish and Game and the Regional Water Quality Control Board. The bridge design is subject to the review and approval of the Planning Commission prior to approval of the Final Map. 11. When adjacent properties to the east develop, future access to the subject subdivision will be provided via Tassajara Lane. When such access is provided via Tassajara Lane, the temporary access to Camino Tassajara shall be eliminated. The developer shall provide a cash deposit of 125% of the City Engineer's estimated cost of removal of the temporary access to Camino Tassajara, installation of a soundwall and associated landscaping, curb, gutter and sidewalk. The cash deposit shall be retained by the Town and shall be allocated towards the completion of the work described above. 12. A stop sign shall be installed at the intersection of Camino Tassajara and the temporary access ( C Street). A Right Turn Only sign shall be installed in the Camino Tassajara landscape median opposite the temporary entrance to the subdivision subject to the review and approval of the City Engineer. 13. The developer shall install a temporary asphalt curb treatment at the east end of A Drive to provide a more finished appearance and ease of maintenance for street cleaning purposes subject to the review and approval of the City Engineer. 14. The terminus of B Court shall be pulled back to provide a 10 foot minimum width landscape buffer zone for Lot 86 of SD 6699. The developer shall install landscaping in this area and the landscape area shall be appropriately allocated to Lots 16 and 17 subject to the review and approval of the Planning Division prior to Final Map approval. 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. PAGE 20 RESOLUTION NO. 96-12 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 and Water Conservation District. o All required improvements to area creeks for drainage purposes shall meet the requirements of existing Town of Danville, Contra Costa County Flood Control and Water Conservation District, the Department of Fish & Game, the Department of Fish and Game, the Army Corps of Engineers and the Regional Water Quality Control Board codes and policies. All 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. Development which proposes to contribute additional water to existing drainage system shall be required to complete a hydraulic study and make improvements to the system as required to handle the expected ultimate peak water flow and to stabilize erosive banks that could be impacted by additional storm water flow. Roof drainage from structures shall be collected via a closed pipe and conveyed to an approved storm drainage facility in 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. PAGE 21 RESOLUTION NO. 96-12 10. 11. 12. 13. 14. 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 utiliW 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. 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. The developer shall mitigate the impact of additional stormwater runoff from this development on the San Ramon Creek watershed by either of the following methods: Removing 1 cubic yard of channel excavation material from the inadequate portion of San Ramon Creek near Chaney Road for each 50 square feet of new impervious surface area created by the development. All excavated material shall be disposed of off-site by the developer at his cost. The site selection, land rights, and construction staking will be determined by the Flood Control District. OR, AT THE OPTION OF THE DEVELOPER, bo 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 PAGE 22 RESOLUTION NO. 96-12 impervious surface area created by the development will be based on the Flood Control District's standard impervious surface area ordinance. 16. Abutter's rights of access along the project's Camino Tassajara frontage, except for the approved temporary access, shall be relinquished to the Town. The relinquishment shall include the right of way returns of 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. 18. All structures shall be removed from the site prior to recordation of the initial Final Map. CREEK ENVIRONMENTAL MITIGATION Sycamore Valley Creek shall be improved to handle the expected water volume for the 100 year flood. Unless modifications are required by the Town, the Contra Costa County Flood Control and Water Conservation District, or the State Department of Fish and Game, channel improvements shall be substantially as shown on the Flood Study prepared by Parsons, Rourke and Walker dated received February 16, 1990, and the Creekview Sycamore Creek Study prepared by RMR Design Group and dated June 27, 1995. Although these plans substantially meet the requirements of the Flood Control District, they are subject to moderate to extensive refinement/modification to make the design of the proposed creek improvements satisfactory to the Planning Division, the Flood Control District, the Department of Fish and Game, the Corps of Engineers, the Regional Water Quality Board as the need arises during the course of producing final working plans for the project. 2. A certified Arborist approved by the Town shall be retained by the Town at PAGE 23 RESOLUTION NO. 96-12 the developers expense to serve as the "Project Arborist." In addition, a Landscape Architect with demonstrated expertise in riparian re-vegetation shall be retained by the Town at the developer's expense to serve as "Project Landscape Architect." The project arborist and project Landscape Architect shall carry out the tasks as required by the following conditions. In accordance with the Town's Finance Department adopted procedures, the Town will collect fees to cover the cost from the developer and deposit it into a designated account. The Town will then disperse payment to the arborist in accordance with the contract. No work within the bed or banks of the creek shall occur until a streambed alteration agreement is executed with the Department of Fish and Game, and necessary permits are secured from the Army Corps of Engineers and the Regional Water Quality Control Board. Requirements by the Department of Fish and Game shall be noted or graphically depicted on the construction plans. Prior to approval of final creek Improvement Plans or the Final Map, a re-vegetation plan for the creek shall be submitted for review and approval by the Creeks Committee, Planning Division and the Project Landscape Architect, and documentation shall be provided that the plan has been reviewed and approved by the Department ofFish and Game. The goal of the plan shall be to re-establish mature creek vegetation within a period of three years. The re-vegetation plan shall be evaluated as part of the project Improvement Plans and a cash or other security acceptable to the Chief of Planning in the amount of one-half the value of the re-vegetation shall be deposited with the Town guaranteeing at least a 50 percent survival rate of the new vegetation. The deposit may be returned after the period of two years upon the verification of the health of the new vegetation. The Project Landscape Architect shall be on-site during the re-vegetation and the plans shall be subject to modification by the Town or the Landscape Architect as field conditions dictate. If determined necessary, a drip irrigation system shall be utilized until the vegetation is established. PAGE 24 RESOLUTION NO. 96-12 Timing of all creek improvements shall be subject to approval by the Town, the Contra Costa County Flood and Water Conservation District, Department of Fish and Game, California Regional Quality Board and the Project Arborist. In general, all improvements should be completed between April 15 and October 15. The creek channel, including setbacks as required, shall be offered for dedication in fee title to the Contra Costa County Flood Control and Water Conservation District. K0 All improvements within the creek channel shall be consistent with the Town's Creek Development Standards and Guidelines. o The developer shall comply with all requirements of the Regional Water Quality Control Board, as indicated in their October 16, 1995 letter pertaining to this project. 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 a revised Development Plan review process or revised Tentative Map review process, as deemed appropriate by the Town. 0 Sycamore Creek improvements and structure setbacks shall conform to recommendations of the Contra Costa County Flood Control and Water Conservation District, Planning Commission, and Creeks Committee and any deviations therefrom authorized by the City Engineer. o 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. 4. Project specific covenants, conditions and restrictions (CC&R's) shall PAGE 25 RESOLUTION NO. 96-12 0 address the responsibility for ongoing maintenance of private roadways, private bridge, project soundwall, common ownership fences, private drainage systems, and other common open space areas and facilities. Draft project CC&R's shall be subject to the review and approval of the City Attorney prior to the recordation of the initial Final Map for this project. The Town shall be made a third party beneficiary as to the sections of the CC&R's which address any applicable conditions included in the project Conditions of Approval. All improvements and landscaping within public right of ways maintained by the Town of Danville shall be incorporated into Zone B of the Landscaping and Lighting District and shall be designed and constructed to the Town of Danville standards and shall be subject to review and approval by the Parks Maintenance Division. 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 project CC&Rs developed for the project shall also provide notification to future residents of this situation. The project drawings cited in Condition #A.l.a. above depict a reserve for an exclusive sewer easement for Contra Costa County Central Sanitation District. An additional 10 foot Public Utility Easement shall be provided so utilities installed in "A" Court may be extended, in the future, to properties southwest of this subdivision. 8. 10. At the time of recordation of the initial Final Map for the project, the project developer sball pay to the Town of Danville, the Sycamore Valley Benefit District fee. Use of a private gated entrance for any portion of the project is expressly prohibited. The location, design and number of gang mail box structures serving the project shall be subject to review and approval by the Planning Division and the local Postmaster. PAGE 26 RESOLUTION NO. 96-12 11. All existing wells and septic tanks and leach fields located on the property shall be removed per the requirements of the Contra Costa County Health Services Department. The future property owners of the subject subdivision shall receive a disclosure indicating the ultimate closure of the temporary access road at Camino Tassajara, the conditions whereby this subdivision will be provided access to Tassajara Lane when properties to the east develop, and disclosure of future development opportunities to the south which may be accessed over the bridge serving Lot 19 and the project's public road network. 12. This project will be responsible for the provision of two units which shall be made available to a three or four persons households with "moderate" income, as established by the State Department of Housing and Community Development (HCD) and the United States Department of Housing and Community Development (HUD). Sales price of this unit shall not exceed the maximum price affordable to a three-person or four-person household, as applicable, with 110% of the median income established for Contra Costa and Alameda Counties. The maximum sales price shall be based on the following assumed variables; 7.00 % interest rate; maximum monthly assignment of housing costs of 33% of gross monthly income; taxes at 1.25% of the purchase price of the home; homeowner's association dues of $125.00/month; and 30-year fixed rate mortgage. The maximum sales prices shall be tiered to the down payment made by the qualifying purchaser, as follows: % Down payment Three-person household Four-person household 5% down payment $198,950 $222,980 10% down payment $208,360 $233,535 15% down payment $218,710 $245,130 20% down payment $230,140 $257,950 PAGE 27 RESOLUTION NO. 96-12 The maximum sales price may be adjusted based on annual upward adjustments to the area median income, as published by HCD and HUD. The developer shall enter into a formal agreement with the Town which specifies the maximum income of the buyers, regulates the terms of occupancy, resale or any other restriction deemed necessary to assure the continued affordibility of the units to moderate income households. This agreement shall be subject to approval by the Town Council prior to recordation of the Final Map for the project. 13. An alternate method of maintaining common facilities (i.e. soundwall, creekside landscaping, etc.) is subject to the review and approval of the Chief of Planning and the City Engineer prior to Final Map approval. APPROVED by the Danville Planning Commission at a Regular Meeting on March 12, 1996 by the following vote: AYES: NOES: - ABSENT: - ABSTAINED: - Combs, Hunt, Jameson, McEvilly, Moran, Osborn, Murphy Chair}nan APPROVED AS TO FORM: City Attorney pdpz80 PAGE 28 RESOLUTION NO. 96-12