HomeMy WebLinkAbout96-38 EXHIBIT A
RESOLUTION NO. 96-38
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE
RECOMMENDING THAT THE TOWN COUNCIL APPROVE A MITIGATED
NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND
APPROVE PRELIMINARY DEVELOPMENT PLAN - REZONING REQUEST
PUD 96-02 AND FINAL DEVELOPMENT PLAN - MAJOR
SUBDIVISION REQUESTS SD 8018
(APN: 207-050-017 -- SHAPELL INDUSTRIES, INC.)
WHEREAS, Shapell Industries, Inc. has requested approval of a Preliminary Development
Plan - Rezoning and Final Development Plan - Major Subdivision request to rezone a 69 +/-
acre property from P-l; Planned Unit Development District to a new P-l; Planned Unit
Development District and to subdivide the property to create 13 single family residential
lots, a parcel to be reserved for future development of a child care facility, and an open
space parcel; and
WHEREAS, the subject site is located near the southeast intersection of Camino Tassajara
and Sycamore Valley Road, located on the south side of the intersection of Camino Tassajara
and Glasgow Circle, being further identified as Assessor's Parcel Number 207-050-017; and
WHERF_~S, 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
WHEREAS, the Town of Danville Subdivision Ordinance requires approval of a major
subdivision - tentative parcel map prior to recordation of a final map; and
WHERF~S, the Planning Commission did review the project at a noticed public hearing on
August 27, 1996; and
WHEREAS, the public notice of this action was given in all respects as required by law; and
WHEREAS, a staff report was submitted recommending that Planning Commission approve
the request; and
WHEREAS, the Planning Commission did hear and consider all reports, recommendations,
and testimony submitted in writing and presented at the hearing; now, therefore, be it
PAGE I OF RESOLUTION NO. 96-38
RESOLVED that the Planning Commission of the Town of Danville recommends the
adoption of a Mitigated Negative Declaration of Environmental Significance and approval
of Preliminary Development Plan - Rezoning request PUD 96-02 and Final Development Plan
- Major Subdivision request SD 8018, subject to the conditions contained herein, and makes
the following findings in support of this action:
Preliminary Development Plan - Rezoning (PUD 96-02):
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.
Based on the completion of the Initial Study of Environmental Significance and
comments received, there is no substantial evidence before the Town that the project
will have a significant adverse effect on the environment.
Final Development Plan - Major Subdivision (SD 8018):
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 13 new lots and two new parcels.
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.
The design of the proposed subdivision and proposed improvements will not conflict
PAGE 2 OF RESOLUTION NO. 96-38
with easements, acquired by the public at large, for access through or use of,
property within the proposed subdivision.
The final development plan is consistent with the intent and purpose of the P-l;
Planned Unit Development District in which the site is located and is comparable with
other uses in the vicinity, both inside and outside district.
CONDITIONS OF APPROVAL
Conditions of approval with an asterisk ("*") 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
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
96-02 and Final Development Plan - Major Subdivision request SD 8018,
rezoning the property from P-l; Planned Unit Development District to a new
P-l; Planned Unit Development District and subdividing a 69 +/- acre property
to create 13 single family residential lots, a parcel to be reserved for future
development of a child care facility, and an open space parcel. The subject
site is located near the southeast intersection of Camino Tassajara and
Sycamore Valley road, on the south side of the intersection of Camino
Tassajara and Glasgow Circle and is further identified as Assessor's Parcel
Number 207-050-017. Development shall be substantially as shown on the
project drawings as follows, except as may be modified by conditions
contained herein:
Vesting Tentative Map, consisting of two sheets, labeled "Vesting
Tentative Map Subdivision 8018 - Creekside," as prepared by Ruggeri -
Jensen and Associates, dated received by the Planning Division on June
17, 1996.
PAGE 3 OF RESOLUTION NO. 96-38
Preliminary and Final Development Plan consisting of four sheets,
labeled "Preliminary and Final Development Plan - Creekside," as
prepared by Ruggeri - Jensen and Associates, dated received by the
Planning Division on June 17, 1996.
C0
Preliminary Architectural Plans consisting of 10 sheets, labeled
"Creekside Estates," as prepared by Dahlin Group, dated received by
the Planning Division on April 24, 1996.
do
Preliminary Landscape Plan consisting of one sheet, labeled
"Preliminary Landscape Plan - Creekside," as prepared by Samson
Associates, dated received by the Planning Division on June 29,1996.
The applicant shall pay or be subject to 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
Sycamore Valley Assessment District Density Increase fee (currently estimated
at $8,388 per unit), Park Land In-lieu fee, Contra Costa County Flood Control
& Water Conservation District fee (Drainage Areas and Mitigation), Map Check
fee, Improvement Plan Check, Inspection, Base Map Revision and Excavation
Mitigation fees.
This project shall pay a fair share cost of identified off-site roadway
improvements to offset potential impacts associated with the development
of the subject property at a higher density than previously anticipated
under the Sycamore Valley Assessment District. The fair share cost of off-site
improvements for each new unit in the subject development shall be as
established under the Town's Sycamore Valley Assessment District Density
Increase Fee.
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 and the San Ramon Valley Unified School District have
been, or will be, met to the satisfaction of these respective agencies. The Fire
District's initial comments on this project are summarized in part in their
memorandum dated May 22, 1996.
PAGE 4 OF RESOLUTION NO. 96-38
10.
11.
Within one week of the effective date of this approval, 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 ($1,500).
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.
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
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.
All physical improvements shall be in place prior to occupancy of any
PAGE 5 OF RESOLUTION NO. 96-38
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.
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.
Any on-site wells and septic systems shall be destroyed in accordance with
Contra Costa County Health Services Department - Environmental Health
Division regulations. Environmental Health Division permit and inspections
for this work shall be obtained.
Development of the lots and uses within the neighborhood shall be consistent
with the standards contained within the Town's R-10; Single Family Residential
District Ordinance.
Use of the child care parcel shall be limited to the development of a child care
facility. Future development of a child care facility on the parcel shall be
subject to review and approval by the Town under a separate Final
Development Plan application. Concurrently with the recordation of the final
map, the applicant shall record a declaration to run with the deed to the
property which sets forth the anticipated use of this parcel. The language of
the declaration shall be submitted for review and approval by the Town prior
to recordation of the final map. In addition, prior to recordation of the final
map for the project, the developer shall enter into an agreement with the
Town which specifies the conditions related to the use of the child care
facility.
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The developer shall make the child care parcel available to potential child care
providers at a maximum sale price of six dollars per square foot, or at a price
determined to be a fair market value by an independent third party expert
PAGE 6 OF RESOLUTION NO. 96-38
0
found to be acceptable to the Town. On a yearly basis from the date of
recordation of the final map, the applicant shall provide documentation to the
Town of the efforts being made to sell the property for development of a child
care facility. If the parcel is not sold within five years of the recordation of the
final map, the title to the parcel shall be transferred to the project's
homeowners' association (HOA), with maintenance responsibilities of the
parcel to be the responsibility of the HOA. With the transfer of the parcel to
the HOA, the Preliminary Development Plan-Rezoning authorization to
develop the site as a child care facility shall be null and void. In the event that
a child care facility is not developed on the parcel, other uses of the parcel,
consistent with the parcel's General Plan land use designation of Public and
Open Space - Parks and Recreation, may be considered by the Planning
Commission under a separate Final Development Plan application. The
development's Conditions, Covenants and Restrictions (CC&Rs) shall include
a mechanism to provide for the ownership and maintenance of this parcel if
not sold to a child care operator or should a child care facility not be built
on the site within the stated time frame.
The open space parcel on the south side of Sycamore Creek shall be privately
owned and maintained by the project's homeowners' association. The
development rights for this parcel shall be dedicated to the Town of Danville.
No development will be allowed on this parcel. In addition, a public access
easement over the entire parcel shall be offered in dedication to the Town of
Danville allowing for the future installation of a pedestrian trail through the
parcel. When, in the future, the exact desired alignment of the pedestrian trail
is determined, the Town shall relinquish all of the pedestrian access easement
except for a 25' +/- width portion which would be roughly centered along the
ultimate alignment of the pedestrian trail.
The developer shall construct an eight foot wide asphalt pedestrian trail
within the pedestrian access easement on the north side of Sycamore Creek
(the full length of the property). The trail shall be included and constructed
as part of the improvement plans for the project.
The above mentioned creek-side pedestrian trail shall be constructed in
association with a 12 foot wide combination paved and graveled road (i.e., an
8 foot paved trail with two foot gravel shoulders on both sides) which shall
serve as a flood control maintenance road. A minimum 21 foot wide free and
clear area shall be provided and maintained for flood control maintenance.
PAGE 7 OF RESOLUTION NO. 96-38
10.
11.
12.
The applicant shall design and construct, or be responsible for the design and
construction costs of, a six foot wide, approximately 50 foot long, pedestrian
bridge over Sycamore Creek. The bridge is planned to be located to the east
of the subject property within the Town's pedestrian trail easement over
property owned by the Brookview Homeowners' Association. The bridge
shall be designed to span the creek and shall meet all requirements of the
Contra Costa County Flood Control & Water Conservation District. The
bridge shall include a wood deck, self weathering steel, safety rails, and rub
rails. In addition, the approaches to the bridge shall be designed and
constructed to connect with the existing and/or planned creek trail on both
sides of the bridge. The bridge and the approaches to the bridge shall be
designed to meet all required handicap accessability standards. The exact,
most feasible and desirable location within the Town's creek trail easement
shall be determined as part of the review of the improvement plans for the
project. The bridge design shall be developed as part of the improvement
plans for the project. If constructed by the applicant, upon completion of the
bridge, the Town shall reimburse the developer 50 percent of the cost of the
bridge. The Town's contribution shall not exceed $26,500.00. If the bridge
is not constructed by the applicant, the applicant shall pay the Town an
amount equal 50 percent of the estimated cost of the design and construction
of the bridge. The applicant's contribution shall not exceed $26,500.00.
The rear lot lines of Lots 8 and 9 shall be modified to encroach a maximum
of five feet into the creek structural setback area. This will result in the
movement of the lot line approximately five feet to the north.
A project soundwall, consistent with the Sycamore Valley soundwall specified
within the Sycamore Valley Specific Plan, shall be constructed along the
frontage of this project, to be located as generally shown on the project
landscape plans. The location of the project soundwall shall be modified
from the plan submittal to extend a minimum distance of 30 feet from Camino
Tassajara south down the entry road on the east side of Lot 1 and the west
side of Lot 12. The wall shall be set back a minimum distance of seven feet
from the back of the sidewalk. The project's Final Landscape Plan shall
include project landscaping in this area between the back of sidewalk and the
project soundwall.
Prior to the recordation of the final map, the existing trailer, equipment, and
materials located on the property between Camino Tassajara and Sycamore
PAGE 8 OF RESOLUTION NO. 96-38
Co
13.
Creek, related to the current agricultural use of the parcel, shall be removed.
The eastern property line of Lot 11 shall be modified to be substantially
parallel to the western property line of Lot Il. This modification shall result
in a larger visual opening to the open space and creek area between Lots 11
and 12.
LANDSCAPING
Final landscape and irrigation plans (with planting shown at 1"= 20' scale)
shall be submitted for review and approval by the Planning Division. The plan
shall include common names of all plant materials and shall indicate the size
that various plant materials will achieve within a five year period of time.
°
All 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 landscape
guidelines and shall be designed to avoid runoff and overspray. Proposed
common maintenance lawn areas within the project shall not exceed a
maximum of 25 percent of proposed common landscaped areas.
All trees shall be a minimum of 15 gallon container size. All trees shall be
properly staked. All remaining 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.
Except as noted below, all existing trees on the site shall be preserved to the
extent practical. Removal will be allowed only upon prior written approval
from the Planning Division.
This approval authorizes removal of trees on the site as shown on the tentative
map and as detailed (and numbered) in the arborist's report prepared by
William F. Owen, dated April 19, 1996, on file with the Planning Division. A
total of seventeen trees are authorized for removal. Trees approved for
removal are 14 Black Locust trees (tree numbers 1, 2, 4, 5, and 8-17) one
Fremont Cottonwood tree (tree number 3) and two California Buckeye trees
PAGE 9 OF RESOLUTION NO. 96-38
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10.
11.
(tree numbers 6 and 18).
The three Valley Oak trees located near the rear of Lots 8 and 9 (tree
numbers 19, 20 and21), shall be preserved. In order to maximize the long
term health of these trees, all mitigation measures identified in the letter
from William Owen dated July 8, 1996, and the arborist's report by William
Owen, dated April 19, 1996, on file with the Planning Division, shall be
implemented. Mitigation measures include limiting the placement of fill
within the dripline of the trees, as shown on the tentative map, the
placement of a three-inch deep layer of wood chip or redwood mulch
throughout the area encompassed by the fill, the placement of a three inch
perforated PVC drainpipe between the tree and the rear yard areas of Lots
8 and 9 to intercept water runofffrom landscape irrigation, the placement
offences around the dripline of protected trees to prevent soil compaction
by work equipment, and the trimming of dead and diseased branches by
an experienced arborist. Ail mitigation measures shall be implemented
prior to the issuance of building permits for construction of any unit in the
development. The fencing of the driplines of the protected trees shall be
installed prior to grading of the site.
To further provide for the preservation of the three Oak trees located near
the rear of Lots 8 and 9, a security deposit in the amount of $5,000.00 shall
be posted with the Town in compliance with the Town's Tree Protection
Ordinance. The security deposit shall be returned upon verification of the
health of the trees following two full growing seasons afier completion of the
units to be built on Lots 8 and 9.
Rear yard fences for Lots 8 and 9 shall be designed so as not to obstruct
storm water runoff from under the protected oak trees south toward
Sycamore Creek.
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.
A maintenance easement shall be established over the frontage landscaping
between the project wall and Camino Tassajara, and including the wall itself,
to allow Town maintenance of this landscape area and the wall. Landscaping
to be located within the triangular areas on both sides of the project entry and
extending south from Camino Tassajara on both sides of the project entry
PAGE 10 OF RESOLUTION NO. 96-38
(approximately 30 feet) in front of the project soundwalls, shall be
maintained by the homeowners' association. Separate water meters shall be
installed for these areas. This maintenance responsibility shall be reflected in
the project Conditions, Covenants, and Restrictions (CC&Rs).
12.
All landscaping and irrigation improvements along the project frontage, to be
maintained by the Town, shall be designed to meet the Town of Danville
design specifications.
13.
As part of the final landscape plans, the applicant shall submit a fencing plan
and fence construction details. Project fencing shall be of a solid wood design
and shall utilize 4'~c 4" or 4"x 6" pressure treated Douglas Fir fence posts and
2"x 8" (minimum width) kickboards, unless otherwise approved by the
Planning Division.
14.
The final landscape plan shall be modified to include additional landscape
screening between Lot 13 and the child care parcel. The landscaping shall
serve to effectively screen the single family units from the child care facility.
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.
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.
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.
GRADING
PAGE 11 OF RESOLUTION NO. 96-38
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.
o
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.
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 developer shall submit
an Erosion Control Plan to the City Engineer for review and approval. This
plan shall incorporate erosion control devices such as, the use of sediment
traps, silt fencing, pad berming and other techniques 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
PAGE 12 OF RESOLUTION NO. 96-38
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.
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 any drainage
facility, inlet or creek.
Ail 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 through the Erosion Control Plan (ECP) and Storm Water
Pollution Prevention Plan (SWPPP). A NPDES construction permit may be
required, as determined by the City Engineer.
11.
The developer shall construct improvements as necessary to reduce sluffing
of the existing landslide, located on the south side of Sycamore Creek, near
the eastern boundary of the site, as shown on the tentative map, into
Sycamore Creek. The improvement will likely result in the construction of
a buttress structure or similar device on the south side of the creek. The
final design of this improvement is subject to review and approval by the
City Engineer prior to construction. This improvement shall be constructed
as part of the improvement plans for the project.
STREETS
1. The applicant shall obtain an encroachment permit from the Engineering
PAGE 13 OF RESOLUTION NO. 96-38
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 each day. Water flushing of site debris or sediment or concrete
washing is expressly prohibited.
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.
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.
Handicapped ramps shall be provided and located as required by the City
Engineer.
0
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 Condition of Approval #A. 1. above and shall conform to Town
of Danville Standard Plan 104 a & b.
A private road maintenance agreement providing for the shared maintenance
orb Street, on the south side of Lots 12 and 13, and leading to the child care
parcel, shall be submitted for review and approval of the City Attorney prior
to recordation of the final map for the project. The agreement shall provide
PAGE 14 OF RESOLUTION NO. 96-38
for the shared maintenance of B Street by the owners of the child care parcel
and the project's homeowners' association. The private road maintenance
agreement shall include provisions for regular street sweeping. Utility lines
serving Lots 12 and 13 shall be extended to the eastern edge of the private
road and shall be sited so as to adequately handle development of a child care
facility on the adjoining parcel.
The existing traffic signal at the southeast corner of Camino Tassajara and
Glasgow Drive shall be relocated as found necessary by the City Engineer to
meet Cal Trans minimum standards.
10.
In the event that the proposed lot line adjustments with the property to the
west are not secured, minor design modifications to accommodate the
temporary hammerhead turnaround, grading, and all the lots, on-site shall be
subject to review and approval by the Planning Division and by the Planning
Commission upon referral by the Planning Division.
G. INFRASTRUCTURE
* 1.
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 May 15, 1996.
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.
All required improvements to Sycamore Creek for drainage purposes shall
meet the requirements of the Town of Danville, Contra Costa County Flood
Control & Water Conservation District, the Department of Fish & Game, the
Department of U.S. Fish and Wildlife, California Regional Water Quality
Control Board and the United States Army Corps of Engineers.
PAGE 15 OF RESOLUTION NO. 96-38
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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.
o
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.
10.
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.
11.
All new utilities required to serve the development shall be installed
underground.
* 12.
All street, drainage or grading improvement plans shall be prepared by a
licensed civil engineer.
H. MISCELLANEOUS
* 1.
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,
PAGE 16 OF RESOLUTION NO. 96-38
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
Preliminary and Final Development Plan 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 maintenance of
the on-site private road (B Street), common landscape areas, common
fencing, the project landscaped entry area, the open space parcel on the south
side of the creek, and the possible maintenance of the child care parcel in the
future. 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.
Use of a private gated entrance is expressly prohibited.
The location, design and number of mailbox structures serving the project
shall be subject to review and approval by the Planning Division and the local
Postmaster.
The proposed project shall conform to the Town's Stormwater Management
and Discharge Control Ordinance (Ord. No. 94-19) and all applicable
construction and post-construction Best Management Practices (BMPs) for the
site. For example, construction BMPs may include, but are not limited to: the
storage and handling of construction materials, street cleaning, proper
disposal of wastes and debris, painting, concrete operations, watering
operations, pavement operations, vehicle/equipment cleaning, maintenance
and fueling and stabilization of construction entrances. Training of
contractors on BMPs for construction activities is a requirement of this permit.
At the discretion of the City Engineer, a Storm Water Pollution Prevention Plan
(SWPPP) may be required for projects under five acres.
A Notice of Intent (NOD and Storm Water Pollution Prevention Plan (SWPPP)
shall be filed with the Regional Water Quality Control Board and a copy given
to the City Engineer prior to commencement of any construction activity. A
SWPPP shall be prepared as part of the preparation of project improvement
plans. The SWPPP shall supplement the erosion control plan prepared for the
PAGE 17 OF RESOLUTION NO. 96-38
project, if one is required. These documents shall also be kept on-site while
the project is under construction.
Two units in this project shall be made available to three or four Person
households with "moderate" incomes, as established by the State Department
of Housing and Community Development and the United States Department
of Housing and Community Development. 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 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
$179,880 $201,645
10% down payment
$188,535 $211,350
15% down payment
$198,075 $222,040
20% down payment $ 208,620
$233,870
The initial maximum sales prices of the two affordable units may be adjusted
based on annual upward adjustments to the area median income, as
published by HCD and HUD and any downward adjustment to the mortgage
interest rate at the time the final map is approved for the project. 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 long term
affordability of the units to moderate income households. This agreement
shall be subject to approval by the Town Council prior to recordation of the
initial Final Map for the project.
PAGE 18 OF RESOLUTION NO. 96-38
APPROVED by the Danville Planning Commission at a Regular Meeting on August 27, 1996,
by the following vote:
AYES:
NOES: -
ABSTAINED: -
ABSENT: Combs, Murphy
Bowlby, Hunt, Jameson, Moran, Osborn
Vice Chairman
APPROVED AS TO FORM:
City Attorney
pdcz110
PAGE 19 OF RESOLUTION NO. 96-38