HomeMy WebLinkAbout96-62TOWN OF DANVILLE RESOLUTION NO. '~(2 "~
COUNTY RESOLUTION NO. 31-1996
JOINT RESOLUTION OF THE DANVILLE PLANNING COMMISSION,
TOWN OF DANVILLE AND SAN RAMON VALLEY REGIONAL
PLANNING COMMISSION, COUNTY OF CONTRA COSTA, STATE OF
CALIFORNIA, REGARDING THE ALAMO SPRINGS PROJECT FOR THE
ALAMO/DANVILLE AREA OF CONTRA COSTA COUNTY
WHEREAS, on January 23, 1996 the Danville Town Council and Contra Costa County Board of
Supervisors entered into a Memorandum of Agreement (MOA) for the Alamo Springs project:
for the purpose of satisfying the Califomia Environmental Quality Act ("CEQA"), the MOA
designated the County of Contra Costa to serve as the Lead Agency and the Town of
Danville to serve as a Responsible Agency;
said MOA also provided for the establishment of an Ad Hoc Alamo Springs Coordinating
Committee with two appointed representatives from each jurisdiction; the role of the
Committee is to try to resolve any differences in the respective positions of the County and
Town in the development review process; and
WHEREAS, on May 24, 1995 concurrent application requests were filed with the Contra Costa
County Community Development Department by Sid Corrie Jr. (Applicant and Owner) for approval
of Preliminary and Final Development Plan and Vesting Tentative Map applications for a 53-unit
residential unit and lots, and common and private open space development (File, #3043-95 and SUB
7452); and
WHEREAS, on May 31, 1995 concurrent application requests were filed with the Town of Danville
by Sid Corrie Jr. (applicant and Owner) to rezone 30 acres P-1: Planned Unit Development to P-1:
Planned Unit Development District; and for approval of an amended Preliminary and Final
Development Plan and Vesting Tentative Map applications for 53 residential units and lots, and
common and private open area (File #PUD 95-04, SD 7453, and DP#95-26; and
WHEREAS, for the purposes of compliance with CEQA a Negative Declaration of Environmental
Significance was prepared for the project indicating the project as proposed would not have a
significant impact on the environment; and
WHEREAS, On September 3, 1996 the County Community Development Department circulated
the Negative Declaration to responsible agencies and potentially interested parties; and
WHEREAS, on October 16, 1996, the San Ramon Valley Regional Planning Commission of the
County of Contra Costa and the Danville Planning Commission of the Town of Danville conducted
a joint public hearing to take testimony on the proposed Rezoning and Preliminary Development
Plan; and
WHEREAS, after notice was lawfully given, the Danville Planning Commission and San Ramon
Valley Regional Planning Commission resumed their continued joint public hearing on the Alamo
Springs project on November 12, 1996 whereat all persons interested might appear and be heard; and
WHEREAS, the Danville Planning Commission and San Ramon Valley Regional Planning
Commission having fully reviewed, considered and evaluated all testimony and evidence on this
matter.
NOW, THEREFORE, BE IT RESOLVED that the San Ramon Valley Regional Planning
Commission recommends that the Contra Costa County Board of Supervisors certify the adequacy
of the Negative Declaration; and
BE IT FURTHER RESOLVED that the San Ramon Valley Regional Planning Commission
respectively recommends to the County Board of Supervisors and the Danville Planning
Commission respectively recommends to the Danville Town Council:
APPROVAL of Danville Rezoning File #PUD 90-1 to rezone the site to Planned Unit
District (P-l); and APPROVAL of Preliminary and Final Development Plans and Vesting
Tentative Maps for a maximum of 53 units subject to the conditions contained in Exhibit I;
and
San Ramon Valley Regional Planning Commission certifies the Negative Declaration as
adequate and APPROVES SUB 7452 for a maximum of 53 units subject to the conditions
contained in Exhibit 1; and
The decision of the San Ramon Valley Regional Planning Commission recommending certification
of the Alamo Springs Negative Declaration and recommending approval of the Preliminary and Final
Development Plan applications to the Board of Supervisors; and
The decision of the San Ramon Valley Regional Planning Commission certifying the Negative
Declaration and approving the Vesting Tentative Map application was given by motion of the San
Ramon Valley Regional Planning Commission on November 12, 1996, by the following vote:
AYES:
Commissioners - Harvey, Couture, Gibson, Mulivihill, Neely
NOES:
Commissioners -
ABSENT: Commi~ioncr~ - Matsunaga, Pancoa~t
ABSTAIN: Commissioners -
The decision of the Danville Planning Commission to recommend approval of the Rezoning and
Preliminary and Final Development Plan and Vesting Tentative Map applications was given by
motion of the Danville Planning Commission on November 12, 1996, by the following vote:
AYES:
NOES:
AB SENT:
ABSTAIN:
Commissioners -
Commissioners -
Commissioners -
Commissioners -
Combs, Hunt, Osborn, Murphy
Bowlby, Jameson, Moran
BE IT FURTHER RESOLVED that the Secretary of the San Ramon Valley Regional Planning
Commission shall respectively sign and attest the certified copy of this resolution and deliver the
same to the Board of Supervisors all in accordance with the Planning Laws of the State of
California.
BE IT FURTHER RESOLVED that the forgoing recommendation and approval were given by vote
of the San Ramon Valley Regional Planning Commission in a joint meeting with the Danville
Planning Commission on November 12, 1996 as follows:
AYES
NOES
AB SENT:
ABSTAIN:
Commissioners-
Commissioners -
Commissioners -
Commissioners -
Harvey, Couture, Gibson, Mulivihill, Neely
Matsunaga, Pancoast
ATTEST:
Harvey E. Bragdon, Secretary~
of the San Ramon Valley
Regional Planning Commission,
County of Contra, State of California
4
BE IT FURTHER RESOLVED that the Chair of the Danville Planning Commission and Secretary
of the Danville Planning Commission shall respectively sign and attest the certified copy of this
resolution and deliver the same to the Danville Town Council all in accordance with the Planning
Laws of the State of California
I, Steve Murphy, Chair of the Danville Planning Commission of the County of Contra Costa, State
of California, hereby certify that the foregoing was duly called and held in accordance with the law
on November 12, 1996, and this resolution was duly and regularly passed and adopted by the
following vote of the Danville Planning Commission:
AYES:
Commissioners - Combs, Hunt, Osborn, Murphy
NOES:
Commissioners -
ABSENT: Commissioners- Bowlby, Jameson, Moran
ABSTAIN: Commissioners
ATTEST:
Secretary, ~own ~)fDanville Planning
Commissio~ Cofifinty of Contra Costa,
State of Calif0~nia
DJC/djc
j :\debbie/Alspgs. DJC
11/21/96
FINDINGS AND CONDITIONS OF APPROVAL FOR MODIFICATION (County_ File
#LP953043) TO ALAMO SPRINGS REZONING AND PRELIMINARY AND FINAL
DEVELOPMENT PLAN APPROVAL (Danville File #PUD 90-1; County Files #2882-RZ and
#3003-90, 3006-93) AND VESTING TENTATIVE MAP (Danville File #SD7453; County File
#SD7452)
Findings
A. Coun _ty P-l: Planned Unit Development District Findings
The applicant has indicted that they intend to commence construction within
two and one-half years of the effective date of final project approval.
The approved preliminary development plan is consistent with the land use
policies of the County of Contra Costa (hereinafter "County") as reflected in
the Alamo Springs General Plan Amendment (GPA 1-90). The approved
plan will preserve the hillside with high exposure to Interstate 680 in open
space. Residential development will be confined to a secluded plateau area
atop the site so as to maintain the existing silhouette of Alamo Ridge as
viewed from adjoining valley floors.
The approved preliminary development plan will result in a residential
environment of sustained desirability and stability, and will be in harmony
with the character of the nearby community. The project provides ample
separation from adjoining residences. The subject site is not in an
"established" area of Alamo as evidenced in part by several development
applications being concurrently processed involving adjoining properties.
While permitted lot sizes may be smaller than nearby parcels, these lots will
have comparable utility. Most nearby parcels largely consist of moderately
sloping terrain. While these parcels are larger, they frequently lack fiat,
usable yard area. The lots resulting from this preliminary development plan
will be largely fiat providing more opportunity for usable yard area.
In accord with the required findings of the P-l; Planned Unit Development
District, the County finds that the development of a harmonious, integrated
plan like the Alamo Springs project justifies exceptions from the normal
application of the code, including variations in parcel configuration and
design to provide better conformity with existing natural terrain features.
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The Board of Supervisors is supportive of efforts by the applicant to
establish an Area-of-Benefit District with the Town of Danville (hereinafter
referred to as "Town") such that the costs of upgrading La Gonda Way as
required by this project approval could be spread among other
development projects in an equitable way.
General access to the site shall be limited to the La Gonda Way route. Los
Balcones Drive/High Eagle Road and Valley Oaks Drive access to and from
the site shall be limited to emergency purposes (e.g., fire vehicles; police;
resident evacuation; short-term alternative access to the project where
legally permitted in the event of blockage of La Gonda Way such as by
landslide failure or collapse of the freeway overpass).
In a letter dated August 26, 1991, the San Ramon Valley Fire Protection
District has indicated that the District possesses legal access for emergency
vehicles along Valley Oaks Drive from Stone Valley Road to the project site.
The road has been designed to conform with Fire District standards.
The modification of the conditions of approval requested by the applicant
and approved by the Contra Costa County Zoning Administrator are
consistent with the intent and purpose of the Planned Unit (P-l) District, and
compatible with other uses in the vicinity. The project involves alterations
whose effects are primarily limited to the interior or the proposed project.
The modifications are intended to make the County approval consistent with
the project approval of the Danville Town Council rendered on February
2, 1993.
B. Town of Danville P-l; Planned Unit Development District Findings
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.
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The proposed development will constitute a residential environment of
sustained desirability and stability and will be in harmony with the character
of the surrounding neighborhood and community.
Project conditions will serve to mitigate potentially significant environmental
impacts identified in the Alamo Springs Project Final Environmental Impact
Report (hereafter referred to as "FEIR") prepared for the previously
approved projects covering the subject property (i.e., Contra Costa County
applications GPA 1-90; 2882-RZ; TR 7452; and FDP 3003-90 and Town of
Danville applications GPA 90-1; PUD 90-1 and SD 7453). The current
project applications will serve to modify these previously approved projects
by reducing the number of lots from 58 to 53, by placing open space under
private ownership and by modifying project conditions of approval.
The design of the subdivision and the type of associated improvements will
not likely cause serious public health problems.
The site is physically suitable for the proposed density of development.
Although some development is proposed within 100 vertical feet of the
centerline of a major ridgeline, the proposed unit siting, grading,
landscaping and architecture are such that the development will not conflict
with the purposes of Chapter 50: Scenic Hillside and Major Ridgeline
Development.
CONDITIONS OF APPROVAL
General
Development shall be based on the Revised Vesting Tentative Maps SD 7452 and
SD 7453, dated June 8, 1996. Development shall also be consistent with the
following submitted exhibits, only to the extent they are consistent with the above-
cited Vesting Tentative Maps and these project conditions. The complete listing of
project-related documents is intended to aid in the understanding of the evolution
of the project from the time of initial application submittal. The documents listed
immediately below pertain to the original 101-unit development proposal:
Bissell & Karn, Inc., Alamo Springs - A Community of Luxury Estate Homes,
January 8, 1990.
Berlogar Geotechnical Consultants, Geotechnical Investigation, Alamo
Springs, La Gonda Way, Contra Costa County, California, Job No. 1609.100,
April 3, 1990.
DKS Associates, Alamo Springs Project Consultants Traffic Report, April,
1990.
Patricia Thompson/No Nonsense Horticultural Services, Alamo Springs
Project Oak Impact Study, June 11, 1991.
Bissell & Karn, Inc., Partial Plan & Sections - Alamo Springs Parkway,
November 1, 1990.
The documents listed immediately below pertain to 75-unit development
proposal:
3
The Preliminary and Final Development Plan for Alamo Springs, dated May
24, 1995.
The Preliminary_ Landscape Plan and Design Development, dated August 21,
1992.
The documents listed immediately below pertain to the 55-unit development
proposal:
Response to Peer Review Alamo Springs - La Gonda Way, Contra Costa
County_, dated February 6, 1996. (53-unit proposal)
Treescapes, Inc., Tree Evaluation, Alamo Springs, dated May 8, 1995 (53-unit
proposal)
La Gonda Way Conceptual Plan, consisting of a single sheet, prepared by DK
Associates and dated November, 1995.
Illustrative Site Plans and Sections, consisting of two sheets, prepared by
Gates & Associates and dated August 20, 1996.
Site Study - Lots 26 through 31, consisting of a single sheet, prepared by DK
Associates and dated March 6, 1996.
The development envelope for the home and accessory structures to be established
on Lot 43 shall be as indicated on the Staff Exhibit dated October 9, 1996, modified
to extend the development envelope "stem" to within 50 feet of the northwest
boundary of Lot 43. Placement of structures on the remainder of the "stem", as
well as the remainder of the development envelope for Lot 43, is subject to the
development limitations (i.e., restrictions on visibility of structures, outbuildings,
etc. from Highway 1-680 and Danville Boulevard) established in Condition of
Approval #11 below. The final size and configuration of this development
envelope shall be subject to review and approval by the Contra Costa County
Zoning Administrator (hereafter referred to as "County Zoning Administrator") and
the Chief of Planning and Building of the Town of Danville (hereafter referred to
as "Town Chief of Planning"). Development rights for the remainder of Lot 43
(hereinafter referred to as "private open space") shall be offered in dedication to
the County and the Town, with said offer of dedication to be indicated on the
initial final map for the project. The allowable area for agricultural structures shall
be limited to the home/accessory structures area established for Lot 43 and the
southwest corner of Lot 43 adjoining the project entrance, as generally shown on
the Staff Exhibit dated October 9, 1996. Agricultural structures established in these
two areas shall adhere to the following standards:
Ao
Barns/sheds/agricultural related structures shall not exceed a maximum
height of 22-feet and shall not exceed an aggregate area of 7,500 square feet
in floor area.
B. All barn/shed/agricultural related structures shall be non-conditional space.
Co
Reflectivity of the exteriors of all barn/shed/agricultural related structures
shall be less than 55%.
D°
Barn/shed/agricultural structures related structures established on Lot 45
shall be for the private use of the homeowner of Lot 45.
Modification to the above standards and/or expansion of the allowable agricultural
uses on any portion of Lot 45 may not occur without prior County/Town
authorization, as evidenced by approval of a Revised Final Development Plan
covering this portion of the project, which shall be jointly considered by the
County and the Town in a manner consistent with the memorandum of
understanding established for the processing of the planning entitlements
addressed in this approval.
The language to be placed on the final map for the project to provide for the
dedication of development rights shall include the following:
"The Scenic Easement area shall remain substantially in its natural and
scenic state for the benefit and enjoyment of the owners of this subdivision
and the general public. Contra Costa County's and the Town of Danville's
easement rights shall deny any and all grading, landscaping, development
and structures within this area, exclusive of any other prior easement rights.
Authorization is granted to develop a caretaker's residence, not to exceed a
maximum size of 1,000 square feet, within the area approved for agricultural
structures occupying the southwest corner of Lot 43. The size, location, means of
access, site grading, means of water and sewer service, site landscaping and
construction details for the caretaker's unit shall be subject to review and approval
by the County Zoning Administrator through a Land Use Permit application.
In response to the October 1, 1996 and November 5, 1996 letters from the East
Bay Regional Park District (EBRPD) in which the District requested a scenic
easement over portions of Lots 4, 5, 52 and 53 of this project, the applicant shall
provide for the establishment of a scenic easement substantially as shown on the
November 7, 1996, Staff Exhibit entitled "EBRPD Trail Scenic Easement". Language
on the final map pertaining to the area covered by the scenic easement shall be as
generally outlined in Condition of Approval #2 above.
At least 60 days prior to filing a final map or issuance of grading permits, a revised
site/grading plan and related documents shall be submitted for the review and
approval of the Contra Costa County Zoning Administrator and the Chief of
Planning and Zoning of the Town of Danville. The submitted plan shall provide
for:
The June 8, 1996 Revised Vesting Tentative Map plan shall be revised in
general accord with the following Conditions of Approval. Trail design may
be modified by the County Zoning Administrator and Town Chief of
Planning based on comments from the local recreation agency who may
accept the trail or open space dedication at the time of filing the initial
project final map. Note: The project obligation to establish the on-site
portions of the public trails remains in place regardless of whether a public
agency is found to take ownership and/or maintenance responsibility for
the trails.
Bo
Four copies of the Final Hardscape, Landscape and Irrigation Plan covering
the proposed Alamo Springs Drive entry road plus common area walls,
landscaping, and pedestrian and/or equestrian trails. The proposed plan
shall be prepared by a licensed landscape architect and shall be certified for
compliance with applicable County and Town water conservation
ordinances. Use of naturally indigenous trees and shrubs is encouraged.
The applicant shall provide a suitable instrument guaranteeing to County
and the Town the survival of the approved plantings for a period of at least
36 months following completion of planting. The plan shall also locate and
describe through cross-sections proposed public trails whose rights-of-way
shall be no less than 20 feet in width. The plan shall incorporate FEIR
recommendations regarding the use of more appropriate plant materials,
existing and proposed fencing, gateway treatment, lighting, and other site
improvements. (Mitigation Measure 7-4a)
Two copies of a Street and Landscape Lighting Plan. Ornamental light
standards are encouraged. Lighting shall be limited to low-profile standards
(e.g., 4-15 feet in height). Lighting of areas other than at important
intersections shall be encouraged to be of a bollard type or integrated into
other site elements such as mail box standards. The plan shall be prepared
by a qualified lighting professional. Lighting shall mark the access road and
residential road sections. Spacing of light standards need not exceed an
interval of one standard for every three houses. Lighting shall be designed
to be sufficiently muted so as not to proiect significant glare or glow on
adjoining properties and the adjoining section of Highway 1-680. The plan
(or supplemental narrative) shall indicate how this objective will be attained.
A Grading/Tree Preservation Plan prepared with input from a licensed
arborist.
1)
The plan shall identify all trees which have a trunk circumference of
20 inches or greater and located within 40 feet of areas proposed for
grading. Reasonable efforts shall be made to minimize the loss of or
damage to existing trees. The plans shall identify the trunk
circumference, approximate canopy area, species, and whether the
tree is to be preserved or removed. The plan shall provide suitable
measures to assure protection of trees during the construction
period. The survey of trees shall provide for a tally of the number
and trunk circumference of trees to be removed. The aggregate
trunk circumferences of trees proposed for removal shall be totaled.
2)
Prior to filing a final map or issuance of a grading permit, the
applicant shall apply to County for heritage tree designation for trees
to be preserved on the property pursuant to Section 816-4.404 of the
County Zoning Code. The submittal shall include a nomination
request for tree groves in the approved common and private open
space areas and other significant trees; and shall be accompanied by
the Grading/Tree Preservation Plan and tree replacement program
approved by the County Zoning Administrator. The nomination
proposal shall provide for a suitable marking of designated heritage
trees. The number of trees designated for heritage status may be
increased or diminished from those nominated by the applicant.
(Mitigation Measure 6-1)
3)
The Grading/Tree Preservation Plan shall provide for a tree
replacement program and plan. The plan shall require three
replacement oak trees, minimum 15 gallons, for every tree removed
as determined by the tree survey tally. Siting of trees shall be
distributed throughout the project based on plans prepared by a
licensed landscape architect. The plan shall be accompanied by an
estimate of the cost of materials and labor to complete the work.
The approved plan shall be installed prior to issuance of building
permits. The applicant shall be responsible for protecting the trees
for a period of at least 36 months after planting. Ninety days after
planting, the landscape architect shall inspect the plantings and
prepare a report to the County Zoning Administrator and Town Chief
of Planning on the condition of the new trees. Any failing trees shall
be immediately replaced.
4)
To avoid unnecessary scarring of hillsides, haul routes for grading
activity shall be generally limited to those areas of the site which are
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proposed to be graded. Hauling of material through the approved
scenic easement shall be precluded. The Grading/Tree Preservation
Plan shall provide delineation of the perimeter of areas and trees to
be preserved by use of taping and stakes, or other appropriate
barriers. These barriers shall be installed prior to commencement
of grading activity.
5)
To assure protection and/or reasonable replacement of existing trees
to be preserved which are in proximity to subdivision improvements,
the applicant shall post a bond (or other surety) for the required
work with the County and the Town. The term of the bond shall
extend at least 24 months beyond the completion of required
subdivision improvements. Prior to posting the bond, a licensed
arborist shall assess the value of the trees and reasonable
compensatory terms in the event that a tree to be preserved is
destroyed or otherwise damaged by subdivision-related activity. The
tree bonding program shall be subject to the review and approval of
the County Zoning Administrator and Town Chief of Planning.
6)
Drainage terraces for cut and fill slopes shall be spaced at minimum
30-foot intervals. All slopes shall be contour-rounded.
7)
To reduce long-term erosion and sedimentation impacts on
downstream water quality, grading plans shall be designed such that
no surface run-off shall be directed onto cut or fill slopes. All
graded slopes shall have either brow ditches or berms at the crest of
control surface run-off. These drainage structures shall be underlain
by subdrains. Run-off from graded surfaces shall be intercepted by
closed conduits and conveyed to adequate storm drainage facilities.
(Mitigation Measure F-I)
8)
A construction period erosion control plan shall be submitted. For
further details, see Construction Period conditions below.
(Mitigation Measure F-2)
The San Ramon Valley Fire Protection District and East Bay Regional Park
District shall be provided an opportunity to review and comment on the
revised final site, landscape and irrigation plans prior to submittal of those
plans to the County and the Town of Danville.
Submittal of two copies of a supplemental Geotechnical Report (or letter)
from the applicant's geological engineering consultant (based on a review
of the approved and reduced scale project) identifying any warranted
modifications to the project conclusions or recommendations contained in
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the April 5, 1990 and February 6, 1996 Berlogar Geotechnical Reports, the
DK Associates, Inc. letter titled "Response to Geology and Grading Review"
and the May 1, 1996 peer-review letter by Darwin Myers Associates entitled
"Review of April Submittal/Geology and Grading Subdivision 7452 and
7455". See Geotechnical conditions below for detail on report scope of
work.
Two copies of a Maintenance Plan and Schedule for all slopes, drainage
terraces and subdrains prepared by a registered civil engineer. (Mitigation
Measure 6-4)
Two copies of a plan making adequate provision for funding project road
maintenance and establishing a maintenance cycle/maintenance standard.
Three copies of a Fencing Plan Program to address the design of fencing on
private lots and within the open space area to be maintained by the project
homeowners' association. The fencing plan shall provide for the following:
1)
To the extent feasible, retention of the split-rail fencing along the top
of slope overlooking Highway 1-680.
2) Restrictions on fencing of emergency vehicle accessways and
firebreak and trail maintenance easements.
3)
Design details for fencing of areas to be used for grazing (to
minimize potential conflicts between grazing animals and future
project residents and their pets); and (Mitigation Measure 21.3)
4)
Design guidelines for residential lot fencing. The approved program
shall be attached to the project covenants, conditions and restrictions.
Two copies of Residential Design Guidelines including guidelines and
standards for proposed exterior materials and colors. The Guidelines shall
prohibit establishment of irrigation systems within the driplines of existing
oak trees to be preserved. See Building and Architecture Criteria conditions
below.
In each garage, an electrical outlet shall be installed and dedicated for future
potential use in recharging electrical vehicles. Prior to filing a final map, the
applicant shall demonstrate how this design will be accomplished. Pacific
Gas and Electric Company and/or the County Building Inspection
Department shall be provided an opportunity to comment on the proposed
arrangement.
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Site Development
The revised site and grading plans shall provide for balanced grading (i.e., no
import or export of earth fill). The stability of the earth dam at the existing pond
shall also be addressed as part of the revised grading plan and the Geotechnical
Report. The existing pond shall be fenced with appropriate open fencing (i.e.,
eight-foot height tubular steel fencing with angular climb resistant design generally
matching fencing installed around the City of San Ramon Olympic Pool at
California High School, or approved equivalent). The pond shall not be eliminated
without the express approval of the County and the Town.
The limit of development and grading for residential development shall be as
shown in the Vesting Tentative Map dated March 21, 1996 and as modified through
these Conditions of Approval.
The Valley Oak trees shall be featured elements of the landscape design and shall
be protected from the impacts of development of the maximum possible extent.
No tree removal from the site shall be permitted until the Tree Preservation Plan
called for in Condition of Approval #4.D. above is submitted and approved by the
County and the Town. The plan shall include measures to adequately protect each
affected tree during construction and post-construction. Consideration for removal
of any tree scheduled for preservation shall be given only on a case-by-case basis
and upon further documentation that a tree is a bona-fide safety risk due to an
advanced state of decline or unavoidable effects of grading.
Use of a private gated entrance is expressly prohibited. Gated access for
emergency vehicle access roads shall be permitted (Mitigation Measure 3-2).
10.
The project shall be designed so that no homes, or appurtenant architectural
features, are within 35 vertical feet of the scenic ridgelines designated in the Town
of Danville General Plan. (Mitigation Measure 3-6)
11.
Lots shall be laid out so that no structures, including residential fences,
outbuildings, residences and appurtenant structures are visible from Interstate 680,
or Danville Boulevard. The exception to this restriction is the existing horizontal
rail fencing, in its current or modified location, open mesh fencing along the
Highway 1-680 sides of Lots 26 through 31 and agricultural related fencing
established on the private open space portion of Lot 43.
12.
Applicant shall make an irrevocable offer of a 50-foot wide easement, extending
upslope from the Highway 1-680 project frontage, to the EBRPD, Contra Costa
County, Town of Danville or other appropriate agency for a equestrian trail in the
vicinity of Highway 1-680 and for a pedestrian trail connection between the project
and the adjoining property to the northwest (APN 198-020-018, Scatena). The trail
contemplated across the Scatena property is intended to be routed to connect
directly with Stone Valley Road without passing through the Alamo Ranch
neighborhood (i.e., the trail easement on the subject property is to stop at the
southwest corner of the Scatena property, the easement does not extend to the
northern boundary of the subject property). Prior to filing a final map, the precise
location and design of public trail facilities shall be determined by the public
agency who accepts the trail dedication, if any. Should no public agency accept the
trail dedication at time of filing the final map, then the trail location shall be
determined jointly by the Danville Planning Chief and the County Zoning
Administrator. Once the location of the trail is determined, the trail easement shall
be reduced in width to 20-feet. The applicant is not responsible for the installation
of trail-related improvements for this trail. (Mitigation Measure 3-3)
13.
With the following exceptions, no sidewalks along street frontages shall be
constructed within the project:
A. Along the "D" Court frontage of Lots 19 - 22.
B. Along the "A" Court frontage of Lot 22 and Parcel "C".
Along the Alamo Springs Drive frontage of Lots 26 - 31, with the sidewalk
continuing along Alamo Springs Drive to the point where the public trail
crosses from the west to the east side of the roadway.
14.
Any retaining walls installed along the project entry segment of Alamo Springs
Drive shall be a masonry type design. The cast-in-place reinforced concrete pier
structure, with accompanying wood inserts, is not subject to these provisions.
Minimum 5-gallon shrubs ranging from two to three feet in height and/or
minimum 15-gallon trees shall be planted at the base of the cast-in-place reinforced
concrete pier structure proposed to be established along the downslope side of the
project entry segment of Alamo Springs Drive to screen the mass of the structure.
Ground cover or vines may be planted on the grade above the structure to help
further visually soften the appearance of the structure. The height of any up-slope
retaining walls established in this area shall be limited to a maximum of 3-feet,
unless landscape screening is approved as part of the landscape drawings.
(Mitigation Measure 6-3)
15. Illuminated house numbers shall be provided throughout the development.
16.
All exterior light fixtures and signage shall be subject to final review and approval
by the County and the Town.
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17.
Driveway widths shall narrow down to the extent possible as the distance from the
garage increases.
18.
Ground mounted solar collectors, satellite dishes and the like shall be adequately
screened from adjacent streets and homes. Where these cannot be adequately
screened from view due to surrounding topography, they shall not be permitted.
Lot Development Criteria
19.
A maximum total of 53 lots shall be permitted with a minimum area of 17,500
square feet each and an average lot size of at least 20,000 net square feet, as per
the Revised Vesting Tentative Maps dated March 21, 1996.
20. Dimensional yard standards shall be as follows:
Front: Minimum 25 feet from property lines.
Side: Minimum 15 feet; minimum aggregate total 35 feet; sideyards adjacent to a
street shall be a minimum of 25 feet.
Rear: Minimum 25 feet.
Lots 26, 29 and 30 shall have a frontyard setback of 40-feet.
Lots 27 and 28 shall have a frontyard setback of 30-feet.
21.
Except as otherwise specified in these conditions of approval, development and use
of residential lots shall be governed by the restrictions of the respective Single
Family Residential, R-20 zoning districts and the R-40 zoning district for the
approved development envelope for Lot 43, of the County and the Town.
Annexation/De-annexation
22.
Prior to recordation of a final map or issuance of a grading permit, the applicant
shall petition the Town to seek the approval of the Local Agency Formation
Commission to adjust, as necessary, the existing Town of Danville boundary so that
no subdivision lots are split between jurisdictions. The adjusted boundary shall
be based on revised site and grading plans mutually approved by the County
Zoning Administrator and Town Chief of Planning. As reflected in the Revised
Vesting Tentative Maps, it is anticipated that Lots 1 through 11 will be located with
the Town limits. (Mitigation Measure 3-1)
Building and Architectural Criteria
23.
A maximum building height of two stories or 35-feet measured from average grade
shall be permitted. However, any area projecting above the 30-foot building height
plane shall be uninhabitable (e.g., chimneys, architectural ornaments and towers,
but no attics), and shall not exceed 15% of the building foot print. No major roof
lines shall exceed 30 feet in height measured from average grade. Structures
established on Lots 28, 31, 38, 39 and 40 shall be limited to single story, with a
maximum height of 23-feet. (Mitigation Measure 6-5)
24.
Revised Architectural Design Guidelines shall be submitted to the County and the
Town for review and approval by the Town Chief of Planning and by the County
Zoning Administrator. The guidelines shall specify where various building styles
may be used, eliminate the Mediterranean style with Mission tile roofs, and
generally address other issues raised in the environmental analysis. Guidelines
shall encourage variety and shall require that some garages be oriented parallel to
the street with the plane of their doors perpendicular to or at an angle to the
adjacent street. Roof colors shall be limited to brown or gray hues to better blend
with the existing surroundings. Other possible design measures that should be
considered include the following: limitations on the placement of auxiliary
structures; control of roof slopes for accent or secondary structures; limit the
maximum skirt length to 6-feet; limit the paint scheme of fences; avoid long, blank
facades and stairway projections; prohibit the use of crushed rock and exotic
vegetation as landscape elements; and define design review policies for proposed
landscape improvements and irrigation requirements. (Mitigation Measure 6-7)
25.
The Architectural Design Guidelines shall prohibit the establishment of irrigation
systems within the driplines of existing oak trees to be preserved.
Roads, Drainage and Utilities
26.
This development shall conform to the requirements of Division 914 (Drainage),
the remainder of Title 9 of the Subdivision Ordinance and Title 10. Any exceptions
therefrom must be specifically listed in this condition of approval statement.
Drainage, road and utility requirements are based on the plan submitted on April
16, 1996, and shall be subject to the approval of the County Public Works
Department. Conformance with the Ordinance includes the following
requirements:
A. County-maintained street lighting is not required.
B. Constructing a paved turnaround at the end of each proposed private road.
C. Undergrounding of all new utility distribution facilities within the
subdivision.
Do
Conveying all storm waters entering or originating within the subject
property without diversion and within an adequate storm drainage facility,
to a natural watercourse having definable bed and banks or to an existing
27.
28.
adequate public storm drainage facility which conveys the storm waters to
a natural watercourse.
Designing and constructing storm drainage facilities required by the
Ordinance in compliance with specifications outlined in Division 914 of the
Ordinance and in compliance with design standards of the County Public
Works Department. The Ordinance prohibits the discharging of
concentrated storm waters into roadside ditches or across sidewalks.
F0
Submitting improvement plans prepared by a registered civil engineer,
payment of review and inspection fees, and security for all improvements
required by the Ordinance Code or the conditions of approval for this
subdivision. These plans shall include any necessary traffic signage and
striping plans for review by the County Public Works Department, Road
Engineering Division. The improvement plans shall be signed and stamped
by a licensed geotechnical engineer, based on his review and the review and
recommendations of a geologist.
Go
Drainage from improved portions of this property shall not be conveyed to
the pond.
H0
Submitting a final map prepared by a registered civil engineer or licensed
land surveyor.
Modifications to the proposed design of project roadways and to the proposed
design of roadway improvements for La Gonda Way shall be made to incorporate
traffic calming devices, as deemed acceptable to the County Public Works
Department, Road Engineering Division and the Town of Danville Director of
Development Services. Interior private roadways shall utilize a road section
providing for on-street parking on one side of the roadway. Appropriate
regulatory signage shall be provided to indicate the parking restrictions.
Contribute $ 376.00 per dwelling unit (for lots both within Danville and within the
unincorporated area) to the Town toward the installation of a traffic signal at the
La Gonda Way/E1 Cerro Boulevard intersection (Mitigation Measure 4-2a).
Make a "fair share" contribution to the following improvements or funds:
Construct a left turn lane from westbound Stone Valley Road to south
bound Danville Boulevard as currently planned by the Contra Costa County
Public Works Department. Payment of the modified Alamo Area of Benefit
fee, proposed to be in effect by June, 1997, will mitigate the impacts
associated with Mitigation Measure 4-2b of the FEIR if it incorporates
funding for the Danville Boulevard - Stone Valley Road intersection left turn
Co
improvements, as currently proposed. If that modified Alamo Area of
Benefit is not in effect, then the applicant's fair share contribution shall be
based on $2,201 per additional peak hour project trip through this
intersection, based on a traffic trip generation study subject to the review of
the Public Works Department and the review and approval of the County
Zoning Administrator. (Mitigation Measure 4-2b)
County Road Improvement Fee Trust (Fund No. 819200-0800) toward the
installation of traffic signals on Stone Valley Road at the north bound and
south bound ramps to 1-680. The applicant's obligation shall be fulfilled by
payment of the fees required under the '~loint Exercise of Powers Agreement
Pertaining to Southern Contra Costa Fees for Traffic Mitigation by and
between the County, Town of Danville and the City of San Ramon." These
improvements may be eligible for credit or reimbursement against the Area
of Benefit fee. The developer shall contact the County Public Works
Department, Engineering Services Division, to determine the extent of any
credit or reimbursement for which the applicant might be eligible. Prior to
constructing any public improvements, or filing of the final map, the
applicant shall execute a credit/reimbursement agreement with the County.
No credit or reimbursement will be made for any improvements installed
prior to execution of the credit/reimbursement agreement. Credit will only
be given in accordance with Public Works policy. Any credit or
reimbursement shall be based on the cost estimates included in the Area of
Benefit Development Program Report and only in proportion to each
specific Area of Benefit improvement which the applicant is installing.
(Mitigation Measure 4-2d)
Widen that portion of La Gonda Way which lies to the north of El Portal
Road to a 9.0 meter (30-foot_) paved width, with a 1.2 meter (4-foot+)
sidewalk along the west side of the road, improving the road to the Town's
public road standards, subject to the review and approval of the Town.
Unless otherwise directed by the Town's City Engineer, the improvement
plans prepared for the E1 Portal/La Gonda Way intersection shall provide
for the conversion of this intersection to a three-way stop intersection.
Construct a paved turnaround at the La Gonda Way terminus in accordance
with the Town's public road standards. Should the applicant wish to defray
the expense of making required improvements to La Gonda Way, he may
propose to the Town of Danville and the County the establishment of an
Area of Benefit District, in accordance with Section 14-1 of the Danville
Town Municipal Code. Planned or proposed projects other than Alamo
Springs which could be considered within such a district might include the
later phases of Hap MaGee Ranch park and the proposed Thiessen
residential project (County File #2934-RZ and SUB 7635). (Mitigation
Measure 4-3)
29.
Dedicate right-of-way to the State of California, if deemed necessary, for the
ultimate 1-680 improvements as planned by CALTRANS (Mitigation Measure 4-2e).
30.
Construct the on-site roadway system to County private road standards. The on-
site roads shall be constructed to a minimum width of 8.4 meters 28-feet+) within
an 11.4 meter (38-foot_) to 12.6 meter (42-foot_)road easement, as shown on the
applicant's Final Development Plan, as modified by these conditions of approval.
The grade of Alamo Springs Drive, on- and off-site, shall be limited to a maximum
grade of 20% Cul-de-sacs shall be constructed to County standards.
31.
Construct a pedestrian path, within a public trail casement, in the location
generally depicted on the Staff Exhibit dated November 12, 1996. Materials used
for the path shall be subject to review and approval as part of the project
improvement plans. Equestrian use of the pathway is explicitly not allowed.
Refinements to the location of the public trail shall be made to work towards a
design goal of a 20% maximum gradient. From the southwest corner of Lot 32, a
6-foot width path shall be provided within a 17' to 20' public trail easement which
shall cross over Alamo Springs Drive and continue along the inside edge of Alamo
Springs Drive, running through the remainder of the project, to the eastern edge
of the project boundary at the southeast corner of Lot 53. The trail improvements
for this stretch of the public trail shall be substantially as depicted on the tentative
map. Prior to filing a final map or issuance of grading permits, a trail alignment
and improvement plan shall be submitted for review and approval by the County
and the Town and installation of the approved improvements shall be appropriately
bonded through the County and Town. The location and design of any public trail
sections shall be in accord with the plans approved by the public agency, if any,
who agrees to accept the dedication, unless otherwise agreed to by both parties.
In absence of a public agency accepting the public trail, the facility shall be the
responsibility of the project homeowners' association as far as upkeep and liability
insurance.
32.
To the extent determined feasible by the County and the Town, all public and
private pedestrian facilities and access ways developed in the project shall be
designed in accordance with Title 24 (Handicap access) and the Americans with
Disabilities Act. This requirement shall be applicable to all project sidewalks,
paths, trails, driveway depressions, as well as handicap ramps.
33.
Provide a minimum of one emergency vehicle access routes (hereinafter referred
to as "EVA"). An EVA shall be pursued to the north connecting to Los Balcones and
High Eagle Road. An EVA shall be developed to the east connecting both Valley
Oaks Drive and E1 Alamo Road. The emergency access route to the east shall meet
San Ramon Valley Fire Protection District standards for a fire apparatus roadway,
including standards for grade, access road surfacing, and road width and shall be
subject to review and approval by the County Public Works Department and the
34.
35.
36.
37.
38.
39.
County Zoning Administrator. Pedestrian and bicycle access for project residents
shall be provided for along the Los Balcones Drive/High Eagle Road access. The
access route to the north shall be subject to the review and approval of the San
Ramon Valley Fire Protection District. Unless otherwise authorized by the County
and the Fire District, the onsite sections of EVAs shall be widened to at least a 9.0
meter (30-foot+) easement width and constructed at a minimum width of 6.0
meters (20-foot_+) road width with 0.6 meter (2-foot_) shoulder backing.
Breakaway gating to regulate vehicular access through the EVA(s) shall be provided.
The design, location and means of securing the gating shall be subject to review
and approval by the County Zoning Administrator, the Town Chief of Planning and
the San Ramon Valley Fire Protection District.
The developer shall provide the County and the Town with documentation that a
diligent effort has been made to secure off-site easement rights along the EVA route
to the east (i.e., the Valley Oaks Drive/El Alamo EVA) for project resident
pedestrian and bicycle access).
Furnish proof to the County Public Works Department, Engineering Services
Division, that legal access to the property is available from La Gonda Way, High
Eagle Road (for use as an EVA) and Valley Oaks Drive (for use as an EVA).
Obtain an encroachment permit from the Town of Danville for all work to be
performed within Town right-of-way, and pay all applicable processing fees.
Obtain an encroachment permit from the Application and Permit Center for
construction of driveways, or other improvements within the public road right-of-
way in the unincorporated area of the County.
An encroachment permit for any construction (including any proposed connection
of project drainage facilities to existing CALTRANS drainage facilities) within the
State right-of-way shall be obtained from CALTRANS through the Public Works
Department, Engineering Services Division.
Prevent storm drainage, originating on the property and conveyed in a
concentrated manner, from draining across the sidewalks and driveways.
Mitigate the impact of the additional storm water run-off from this development on
San Ramon Creek by:
ho
Removing 1-cubic yard of channel excavation material from the inadequate
portion of San Ramon Creek for each 4.6 square meter (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 by the Contra Costa
County Flood Control & Water Conservation District (hereinafter referred
17
40.
41.
42.
to as "Flood Control District").
or
Upon written request, the applicant may make a cash payment in lieu of
actual excavation and removal of material from San Ramon Creek. The cash
payment will be calculated at the rate of $1.08 per square meter ($0.10 per
square foot) of new impervious surface area created by the development.
The added impervious surface area created by the development will be
based on the Flood Control District's standard impervious surface area
ordinance. The Flood Control District will use these funds to work on the
San Ramon Creek annually.
A sketch plan shall be submitted to the Town and to the County Public Works
Department, Engineering Services Division, for review, and to the Zoning
Administrator for review and approval, showing all Alamo Springs Drive road
improvements, emergency vehicle accessways and La Gonda Way improvements
prior to starting work on the improvements plans. Sketch alignment plan shall be
to scale and show proposed and future curb lines, lane striping details, lighting
and cross-sections. The sketch plan shall extend a minimum of 50 meters (164-
feet_+) beyond the limits of the proposed work. The sketch alignment plan shall
also include adequate information to show that adequate sight distance has been
provided.
Furnish proof to the County Public Works Department, Engineering Services
Division, 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. For those required improvements which lie within the
Town of Danville, furnish proof to the Town 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. This may be
furnished in conjunction with the application for an encroachment permit with the
Town.
Provide for adequate stopping sight distance at all internal intersections based on
a design speed of 25 miles per hour in accordance with CALTRANS standards. The
applicant shall design the portion of Alamo Springs Drive from the Town of
Danville, near "A" Drive, to "F" Court based on a design speed of at least 45
kilometer per hour (28 miles+ per hour). Use of traffic calming devices and/or
a lower design speed in the vicinity of the pond may be considered if necessary to
avoid excessive grading for this section of roadway. The applicant shall design
Alamo Springs Drive to provide a 55 kilometer per hour (34 mile-+ per hour)
design speed at the trail crossing in the vicinity of Lot 17. These design speeds
may result in the need to provide additional road easement width to provide
control over the potential planting of trees and other vegetation which could
obstruct sight distance.
43.
Submit an acoustical analysis prepared by a qualified expert and based on the
ultimate widening of Highway 1-680 and ultimate development of the area, and
mitigate impacts subject to the review and approval of the County Zoning
Administrator and Town Chief of Planning. The acoustical study shall be prepared
by a qualified expert and based on the ultimate widening of Highway 1-680 and
ultimate development of the area. Mitigation of impacts shall be implemented
subject to the review and approval of the County Zoning Administrator and the
Town Chief of Planning. (Mitigation Measure 9-1a)
44.
Assure permanent reliable access along Alamo Springs Drive. This may require the
repair of any on-site landslides that may impact the access road. The subdivision
improvement plans shall be signed and stamped by a licensed geotechnical
engineer. Because of the close proximity of La Gonda Way to the creek and the
erosive nature of the creek, the improvement plans for the La Gonda Way
improvements shall be signed and stamped by a licensed geotechnical engineer,
subject to the review and approval of the Town.
45.
The required off-site road improvements to La Gonda Way will significantly alter
the existing rural character of the road. Special design efforts shall be pursued
and implemented to the extent feasible, to retain or re-create as much of the rural
character of this roadway as possible. Prior to the preparation and submittal of
detailed improvement plans for the widening of La Gonda Way, the developer shall
prepare preliminary grading, drainage and landscaping plans reflecting all
necessary work outside the existing right-of-way for La Gonda Way that would be
necessary to retain and re-create as much of the rural character of this road as
possible. These plans shall be submitted for review and approval by the Danville
Design Review Board (hereafter "Danville DRB"). Upon Danville DRB approval, the
plans shall be the basis for formal negotiation involving the developer, the Town
Planning Division staff and affected property owners in which the developer and
Town Planning Department staff shall diligently pursue the necessary
authorizations to install the proposed improvements outside the existing La Gonda
Way right-of-way. Detailed road improvement plans and working landscape and
irrigation plans shall be prepared based on the individual authorizations secured
from the affected property owners. The following measures shall be pursued by
the applicant to reduce the impacts of the required roadway improvements on
individual property owners (includes both work within and outside the existing La
Gonda Way right-of-way):
ho
All opportunities to shift the location of the roadway to ensure adequate
areas of re-landscaping shall be explored by the developer. (Mitigation
Measure 4-3 A-I)
Bo
Fences, corrals, mailboxes, and other elements currently located within the
right-of-way shall be relocated and replaced as a part of the required La
Gonda Way improvements for this project. (Mitigation Measure 4-3 A-2)
Co
Roadway and driveway connections shall be constructed so that run-off from
the increased impervious surface of the improved roadway will not flow
down into adjacent properties. (Mitigation Measure 4-3 A-3)
Do
Driveway transitions shall be constructed to avoid steep driveways. Areas
on private property which would be disrupted by driveway connections or
retaining wall construction shall be re-landscaped. (Mitigation Measure 4-3
A-4)
Trees greater than 8-inches in diameter or 20-inches in circumference and
shrubs which would be removed to permit the proposed improvements
shall be replaced. Replacement trees shall be a minimum 15-gallon size and
shall replace trees removed at the 3:1 ratio. Planting shall be informal
massing compatible with the rural setting. Shrubs shall be used to achieve
desired softening of retaining walls and screening of residences along the
roadway. All plant materials shall be drought-tolerant and native, where
possible. The type of irrigation equipment, plant materials and planting
standards shall be subject to review and approval by the Town of Danville
Maintenance Department. (Note: Landscaping, irrigation and other related
improvements installed along this stretch of La Gonda Way will not be
maintained by the Town.) Landscape design should be subject to the
approval of the Danville DRB. (Mitigation Measure 4-3 D-l)
Due to limited right-of-way, opportunities to re-landscape within the right-of-
way will be limited along many sections of La Gonda Way. Opportunities
to revegetate private property along the roadway shall be explored.
(Mitigation Measure 4-3 D-2)
Where retaining walls occur on the downslope side of the roadway, a safety
rail or fence at the top to the retaining wall to prevent pedestrians from
falling off the sidewalk shall be constructed. (Mitigation Measure 4-3 E-l)
Ho
Where possible, retaining walls shall be eliminated, or minimized in height,
by acquiring permission to grade and revegetate slopes on private property.
This option shall be explored for both downslope and upslope walls.
(Mitigation Measure 4-3 E-2)
Retaining walls higher than 3-feet, 6 inches shall be avoided, where possible,
by stepping two retaining walls. (Mitigation Measure 4-3 E-3)
Jo
Retaining walls shall be designed to blend with a rural environment through
the selection of appropriate materials and colors. Railing or fencing, where
necessary, shall also be rural in character, possibly a split rail or painted rail
fence. (Mitigation Measure 4-3 E-4)
Final arbitration of necessary frontage improvements shall be determined
by the Town Chief of Planning and the County Zoning Administrator.
Geotechnical Factors and Hazards
46.
The geotechnical recommendations contained within the reports entitled
Geotechnical Investigation, Alamo Springs, La Gonda Way, Contra Costa County.,
California prepared by Berlogar Geotechnical Consultants and dated April 3, 1990
and February 6, 1996 Berlogar Geotechnical Reports, the DK Associates, Inc. letter
titled "Response to Geology and Grading Revievd' and the May 1, 1996 peer-review
letter by Darwin Myers Associates entitled "Review of April Submittal/Geology and
Grading Subdivision 7452 and 7453" shall be followed. Should a subsequent
geotechnical study for the project prepared by Berlogar, or other Geotechnical
Engineer acceptable to the County Zoning Administrator and Town Chief of
Planning, conclude that these recommendations merit modification, they shall be
modified subject to the concurrence of the County Zoning Administrator and Town
Chief of Planning. At least 60 days prior to filing a final map or issuance of a
grading permit, developer shall submit a supplemental Geotechnical Report (or
letter) from the consulting geotechnical engineer for the review and approval of
the County Zoning Administrator and the Town Chief of Planning.
The project shall comply with the following requirements:
to
All site preparation and grading shall be performed in accordance
with the recommendations contained in the geotechnical investigation
reports prepared by Berlogar Geotechnical Consultants, dated April
3, 1990 and February 6, 1996 Berlogar Geotechnical Reports, the DK
Associates, Inc. letter rifled "Response to Geology and Grading
Review" and the May 1, 1996 peer-review letter by Darwin Myers
Associates entitled "Review of April Submittal/Geology and Grading
Subdivision 7452 and 7453". A document shall be recorded to
acknowledge and identify the report being used for this project.
(Mitigation Measures 5-la through 5-3)
Prior to issuance of a grading permit, rough grading plans and
specifications shall be reviewed by the project geotechnical engineer
for conformance with the intent of the recommendations contained
in the geotechnical investigation report. The rough grading plans
shall be signed and dated by the project geotechnical engineer.
47.
48.
49.
50.
Changes thereafter shall be reviewed and initiated by the project
engineer.
Co
The report shall investigate the possibility of a landslide area located
on the east side of La Gonda Way (near the convergence of San
Ramon Creek, Hap Magee Ranch Park and La Gonda Way) to
evaluate the risk of landscaping and its impact on the proposed
roadway improvements as well as on the stability of the proposed
roadway improvements. The subsurface data shall be used to design
the road improvements and the retaining wall. (Mitigation Measure
4-3B-1).
Prior to issuance of building permits, developer shall submit as-graded reports
prepared by the engineering geologist and the geotechnical engineer to the County
and the Town with an as-graded map showing final plan and grades. The map
shall identify all encountered faults, aquifers, and stratigraphic (bedrock) units;
zones of highly jointed and/or deeply weathered rock; orientation of bedding
and/or other discontinuities, and the location of any seepage, fill keyways, and
subdrainage material with cleanouts, outlets, and pickup points; buttress fills with
keyway location, any retaining walls installed, subdrains and their connections, and
other soil improvements installed during grading, all as surveyed and mapped by
a licensed land surveyor or civil engineer.
A grading bond is required for the work necessary to carry out the grading plan.
Developer shall provide sufficient information to estimate the cost of required soil
improvements, or a contractor's estimate.
A statement to run with deeds to parcels of the property shall be recorded
acknowledging all geotechnical reports by rifle, author (firm), and dates, calling
attention to recommendations, and noting that the report is available to prospective
buyers from the owner.
All site preparation and grading shall be performed under the observation of a
qualified geotechnical engineer or his representative. Upon completion of the
grading operation, the geotechnical engineer shall submit a final report to the
public agency who issued the grading permit stating that the earth construction
work was done in substantial conformance with approved plans, specifications and
the recommendations contained in the geotechnical investigation report. Berlogar
Geotechnical Consultants shall continue to provide services as the project
geotechnical engineer and engineer geologist, or other geotechnical consultant
mutually acceptable to the County Zoning Administrator, Town Chief of Planning
and the applicant. Further, the geotechnical engineer shall be required to file
reports with the County and the Town during the grading operation pursuant to
a schedule to be determined by the County and Town. (Mitigation Measures 5-3
p&q)
51.
If it is found during construction that subsurface conditions differ from those
described in the geotechnical investigation report or where such conditions
warrant changes to the recommendations contained in the report, the geotechnical
engineer shall review the changes and prepare an addendum including conclusions
and recommendations for modification. This addendum shall be submitted to the
public agency who issued the grading permit for review and approval. Once
approved, the addendum shall take precedence over the original report regarding
the changes or concerned areas.
52.
At the time of issuance of the grading permit, a report (or letter) from the
consulting geotechnical firm shall be submitted to the Town and the County for the
purpose of updating the recommendations of the geotechnical report to reflect
grading code standards in effect at that time.
53.
Proposed contours shall meet existing grades in a gradual manner, generally
following the existing topography. All regrading shall receive native hydroseeding.
(Mitigation Measure 5-3r)
54.
If toxic or contaminated soil is encountered during any excavation activity, all
construction activity in that area shall cease until the appropriate action is
determined and implemented. The concentration and extent of the contamination
shall be determined. Run-off from any contaminated soil shall not be allowed to
enter San Ramon Creek. Suitable disposal and/or treatment of any contaminated
soil shall meet all Federal, State and local regulations. (Mitigation Measure I-l)
Water Supply/Quality
55.
Prior to the recordation of a final map, the project developer, in cooperation with
EBMUD shall diligently attempt to establish a fie-in to the existing water main near
E1 Alamo Road and upgrade existing water mains as required to provide a
minimum 1,500 gallons per minute fire flow in accord with the standards of San
Ramon Valley Fire Protection District. Failure to provide for this level of water
volume will require that new residences developed in this project provide
automatic sprinkler systems, as may be specified by the San Ramon Valley Fire
Protection District. (Mitigation Measure 7-5)
56.
Proposed landscaping and irrigation systems shall comply with the Landscape
Water Conservation Ordinances of the County and the Town. The final landscape
plan shall be subject to prior review and approval by Contra Costa County and the
Town of Danville. Prior to submittal of landscape plans to the County and
Danville, the East Bay Municipal Utility District shall be provided an opportunity
to comment on the plans.
23
57.
The developer shall install low flow plumbing fixtures in all homes to reduce water
usage. (Mitigation Measure 7-6)
Fire Protection
58.
Prior to the issuance of any building permits, the EVAs as required by Condition
of Approval 33, shall be completed as required by San Ramon Valley Fire
Protection District. (Mitigation Measure 4-1)
59.
The final map shall designate and establish access ways for emergency and
maintenance use to all common and'private open space areas via dedicated
easements or separate lettered lots, located a minimum of every 500 linear feet
from the project roadway system. (Mitigation Measure 4-1a)
60.
The maintenance, in perpetuity, for the zones and emergency/maintenance access
ways shall be assigned to a project homeowners' association, or other
County/Town approved agent. These responsibilities shall be disclosed to
property owners by way of deed restrictions and/or covenants, conditions and
restrictions.
61.
All roofing materials used at the project site shall be Class A or Class B fire
retardant. (Mitigation Measure 8-1)
62.
Approved spark arrestors shall be required on all chimneys for fireplaces and
hearing appliances in which solid or liquid fuel is used. (Mitigation Measure 8-1c)
63.
An annual weed abatement/fuel management program for all privately and
commonly owned open space areas acceptable to the San Ramon Valley Fire
Protection District shall be established and implemented to assure observance of
current District standards. The program shall be the responsibility of the project
homeowners' association, or other County/Town approved agent. (Mitigation
Measure 8-1d)
64.
Fire breaks shall be established and maintained on the edges of the open space at
the project site, extending down the hillside between the ridgecrest and Highway
1-680. (Mitigation Measure 8-1e)
Police Protection
65.
The owner of the property shall participate in the provision of funding to maintain
and augment police services by voting to approve a special tax, or other funding
mechanism, for the lots created by this subdivision approval which will remain in
the unincorporated area of Contra Costa County. The tax/funding mechanism
implemented shall be the per lot annual amount (with appropriate future CPI
24
adjustment) then established at the time of the special mx/funding mechanism
election by the Board of Supervisors and/or the Danville Town Council pursuant
to a joint exercise of powers agreements 0PA) between the County and the Town
established for this project to address the provision of police services. The special
tax/funding mechanism shall, at a minimum, cover the actual costs incurred by the
Town of Danville (calculated on a per resident basis) to provide police services at
a municipal service level to the lots created by this subdivision approval which will
remain in the unincorporated area of Contra Costa County. Funds collected for
this purpose shall be forwarded to the Town of Danville. The election to provide
for the tax/funding mechanism shall be completed prior to the issuance of grading
permits or the filing of the final map, whichever occurs first. The property owner
shall be responsible for paying the cost of holding the election, payable at the time
the election is requested by the owner. The structure of the tax/funding
mechanism shall be such to allow future inclusion of other additional lots.
(Mitigation Measure 8-3) (Also, see Advisory Note "H" at the end of this
document.)
Required Fees/Related Improvements
66.
At least 60 days prior to filing a final map, the developer shall submit a demand
study for child care facilities generated from the future project residents. The
report shall propose an appropriate response program for the proposed lots lying
on unincorporated property in accord with County Ordinance 88-1 as amended,
the Child Care Ordinance. Lots developed within the Town of Danville shall be
subject to the Town's Child Care Ordinance (Town Ordinance #89-2). (Mitigation
Measure 3-8)
Parks and Recreation
67.
The public pedestrian trail easement shown extending into the site parallel to
Alamo Springs Drive shall be offered in dedication as generally shown on the
Revised Vesting Tentative Maps dated May 24, 1995 to EBRPD, Contra Costa
County, the Town of Danville or other appropriate public entity. Recognizing that
dedication of open spaces areas may not be accepted by a public entity, the
developer shall develop an alternate means of assuring the ongoing upkeep of this
trail facility (e.g., place that responsibility on the project homeowners' association).
68.
Developer shall pay park dedication fees in the amount of $2,880.00 per lot. The
fee for lots in the Town of Danville shall be paid to the Town. For those in Contra
Costa County, the fee shall be paid to the County (to be placed in the County's
Alamo Area park land in-lieu fee account). (Mitigation Measure 8-6)
25
Maintenance and Use of Open Space
69.
Except as may be otherwise provided for as regards trail facilities, commonly
owned open space areas shall be maintained by a project homeowners' association
whose responsibilities shall include assuring including fire protection measures are
established and implemented. Adequate access points shall be provided for
maintenance vehicles to on-site common and private open space areas as well as
to the adjoining EBRPD and State of California lands. No grading shall be
permitted on steep slopes, and no grading or other activities will be permitted that
would allow or encourage vehicular access (or any other access) to or from the
project, through SD 5156 and along the northwestern portion of the site adjacent
to Lot 43.
70.
Prior to the filing of a final map, the developer shall propose a Geologic Hazards
Abatement District (GHAD) for the subject property for enactment by both the
Contra Costa County Board of Supervisors and the Danville Town Council. The
private open space portions of Lot 43 shall not be included within the boundaries
of the GHAD.
71.
Common open space areas shall be maintained in as natural a state as practical,
given the requirements of access, maintenance and fire prevention. The
introduction of non-native vegetation in these areas is expressly discouraged.
Improvements shall be limited to emergency and maintenance vehicle access ways,
pedestrian/equestrian trails and appropriately designed fencing.
72.
Uses permitted on the private open space portion of Lot 43 shall be limited to
small, non-commercial farming/ranching uses, including; horticulture, floriculture,
livestock, breeding, aviaries and similar agricultural uses. Leasing the property to
a commercial operation for use for cattle grazing is an allowed use. Commercial
boarding of horses is explicitly prohibited. No more than two head of livestock
may be maintained per acre of land available for grazing use.
Barns/sheds/agricultural and related structures shall not be located or maintained
nearer than 25 feet to the boundary line of any street nor near than 25 feet to any
side, front, or rear property line of Lot 43. Paddocks, or other enclosed livestock
areas shall not be established any nearer than twenty-five feet to the property line
of any residential property in this project or surrounding residential properties.
Road Maintenance
73.
The project homeowners' association shall be responsible for maintenance of all
on-site roads, emergency vehicle access ways, private trails and pedestrian ways.
These and other maintenance responsibilities shall be spelled out in the CC&Rs,
which shall be submitted to the Town of Danville and Contra Costa County for
review and approval prior to recordation of the initial final map for the project.
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74.
The developer shall work with the County and the Town to establish a Lighting and
Landscape District to cover the costs of maintaining the emergency vehicle access
street sweeping and trail maintenance for the project. The emergency vehicle
access gates shall be maintained in good order at all times.
Air Quality
75.
The project shall include pedestrian paths and sufficient road widths to allow for
bicycles where feasible to encourage transportation modes that do not contribute
to air pollution. (Mitigation Measure 10-2)
Archaeology_
76.
In the event that any artifacts or human remains are discovered or cultural soils
encountered during construction of on or off-site improvements, all work shall be
halted in the immediate area of the discovery until a qualified archaeologist has the
opportunity to assess the find and to make any necessary plans for the further
evaluation and/or systematic removal of endangered material as from the areas
which may be impacted by further work. (Mitigation Measure 11-1)
Covenants, Conditions and Restrictions
77.
A copy of the project's covenants, conditions and restrictions (hereafter "CC&Rs")
shall be submitted for review and approval to the Contra Costa County Community
Development Department and the Town of Danville Planning Division. The
document shall provide for maintenance of common open space, emergency
vehicle access ways, project roadways, trails, and fire break protections. The
document shall reference the approved residential design guidelines, measures to
assure protection of oak trees to be preserved (with particular attention to the Oak
trees on Lot 14 and Parcel C, the slope and drainage improvement maintenance
plan, and the fencing plan program. The CC&Rs shall make an adequate provision
for funding maintenance of commonly owned infrastructure improvements and
establishing a maintenance cycle standard of those improvements.
Construction Period Requirements
78.
A watering program which incorporates the use of a dust suppressant, and which
complies with the Bay Area Air Quality Management District's Regulation 2, shall
be established and implemented for all on and off-site construction activities.
Equipment and manpower 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. (Mitigation Measures H-
1 and H-2)
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79.
Stockpiles of debris, soil, sand or other materials that can be blown by the wind
shall be covered. Dust-producing activities shall be discontinued during high wind
periods. (Mitigation Measures H-3 and H-5)
80.
All mud or dirt carried offthe construction site onto adjacent streets shall be swept
or water flushed each day. (Mitigation Measure H-4)
81.
Noise generating construction activity (including playing of loud radios or music)
shall be limited to the hours of 7:50 A.M. to 5:00 P.M., Monday through Friday, and
shall be prohibited on State and Federal holidays. The restrictions on allowed
working days may be modified on prior written approval of the County Zoning
Administrator and the Chief of Planning. (Mitigation Measure G-2)
82.
The project sponsor 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 possible. (Mitigation Measure G-l)
83.
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
and to the homeowners' associations of nearby residential projects; and to the
owners of property served access by La Gonda Way between E1 Pintado and the
project entrance 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 noise and litter control, tree protection, construction traffic and
vehicles, erosion control, and 24-hour emergency number, shall be expressly
identified in the notice. The notice shall be re-issued with each phase of major
grading and construction activity. Copies of the notice shall be concurrently
transmitted to the Contra Cost County Community Development Department and
the Danville Planning Division. The notice shall be accomplished by a list of the
names and addresses of the parties noticed, and a map identifying the area noticed.
84.
The project shall comply with the dust control requirements of the grading
ordinances of the County and the Town including provisions pertaining to water
conservation. (Mitigation Measure 10-1)
85. An Erosion Control Plan shall be prepared to include the following measures:
A0
All grading excavation and filling shall be conducted during the dry season
(May 1st through October lst) only, and all areas of exposed soils shall be
replanted to minimize erosion and subsequent sedimentation. After
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October 1st, only erosion control work shall be allowed by the grading
permit.
Bo
A Revegetation Plan for all disturbed slope areas lying outside of private lots
shall be submitted as part of the erosion control plan.
Co
Hydroseeding and hydromulching are not considered adequate on 2:1
slopes that are more than 15-feet in height.
The erosion control plan shall show the location of proposed temporary
detention basins, silt fences and straw bales, along with revegetation of all
graded areas. It shall also contain provisions for:
1) Performing maintenance during the winter rainy season, as
necessary.
2)
Regular inspections by the project engineer during the winter rainy
season.
3) Spot inspections during/immediately following severe storms.
86.
Project-related construction traffic access to the site shall be limited to the Highway
1-680, E1 Pintado, La Gonda Way route. Other construction traffic access to the site
may be allowed with prior approval of the County Zoning Administrator and Town
Chief of Planning. Existing access points from Los Balcones Drive and Valley Oaks
Drive shall be barricaded for the period of construction activity. Prior to
completion of construction activity, construction barriers shall be replaced by
emergency vehicle access barriers.
87.
The applicant shall provide for the separation of recyclable construction material,
such as wood waste and inert solids, at the construction site. Provisions for the
separation of recyclables shall be consistent with the County Source Reduction and
Recycling Element.
Street Names
88.
At least 30 days prior to filing a final map, proposed street names shall be
submitted for review and approval of the County and the Town. Alternate street
names shall be submitted to the County Community Development Department -
Graphics Section and Town of Danville.
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Phasing of Development
89.
Following approval of revised site plans pursuant to Condition of Approval #4
above, and consummation of any required boundary adjustment or annexation, a
final map may be recorded. Final maps may be recorded in two phases in accord
with jurisdictional boundaries. Prior to recordation of the initial final map for the
project, approval and recordation of a lot line adjustment may be necessary. At
least 60 days prior to recording a final map, proposed project improvement plans
(roads, drainage, street lights, utilities, etc.) shall be submitted to the jurisdiction
which is not processing the final map for opportunity to comment.
County_ Indemnification
90.
Pursuant to Government Code Section 66474.9, the applicant (including the
subdivider or any agent thereof) shall defend, indemnify, and hold harmless the
Town of Danville and Contra Costa County Planning Agencies and their agents,
officers, and employees from any claim, action, or proceeding against the Agencies
(the Town and the County) or their agents, officers, or employees to attack, set
aside, void, or annul, the Agencies' approval concerning this subdivision map
application, which action is brought within the time period provided for in Section
66499.37. The Town and/or County will promptly notify the subdivider of any
such claim, action, or proceeding and cooperate fully in the defense.
Other Requirements
91.
The following conditions of approval shall be met to reflect previous negotiations
involving the East Bay Regional Park District (hereinafter referred to as "EBRPD"),
which is allowing the applicant to secure an easement for water infrastructure
improvements for the benefit of the Alamo Springs project.
go
Prior to or concurrently with the recordation of the final map, the developer
shall grant a permanent non-exclusive 20-foot wide easement to EBRPD
from La Gonda Way over portions of Alamo Springs Drive and over the
emergency access roadway from the terminus of Alamo Springs Drive to the
easterly subdivision boundary near the northeasterly corner of Lot 52 and
along the easterly subdivision boundary from the emergency access
roadway to the southeasterly corner of the open space parcel east of Lot 52.
This easement shall be for purposes of ingress and egress of personnel and
equipment, including mechanized equipment, for emergency access to, and
for trail maintenance purposes on the appurtenant real property to EBRPD
known as the Stone Valley segment of the Las Trampas to Mt. Diablo
Regional Trail. Concurrently with the granting of this easement, EBRPD
shall quitclaim to the developer the existing access easement (10626
O.R.571), which is replaced by this new easement.
30
B0
The developer shall install a horse trough near the existing drinking
fountain near E1 Alamo Road. In lieu of actual construction, the developer
can reimburse EBRPD for the cost of installing the horse trough.
C0
The developer shall relocate existing fence along the boundary of the
EBRPD property and open space parcel east of Lot 52 to coincide with the
actual property line.
Energy_ Conservation Program
92.
At least 30 days prior to filing a final map, the applicant shall submit the following
for the review and approval of the Zoning Administrator:
Provide for future passive or natural heating or cooling opportunities within
the subdivision and the design of the residences and swimming pools to the
extent feasible.
Bo
Evidence that he has reviewed the desirability of participating in the PG&E
energy conservation "Incentives for Builders" program. Should he choose
not to participate, the applicant shall indicate in writing the reasons why he
is electing not to participate in the program.
93.
Construction plans shall indicate that each garage is equipped with a suitable
electrical outlet that is dedicated for future potential use in recharging electrical
vehicles.
94.
The owner of the property shall participate in the provision of funding to maintain
and augment street maintenance services by agreeing to the formation of a street
maintenance district for the lots created by this subdivision approval which will
remain in the unincorporated area of Contra Costa County. The assessment shall
be the per lot annual amount (with appropriate future CPI adjustment) then
established at the time of voting by the Board of Supervisors and/or the Danville
Town Council pursuant to a joint exercise of powers agreement (JPA) between the
County and the Town established for this project to address the provision of street
maintenance services. The formation of the street maintenance district shall be
completed prior to the issuance of grading permits or the filing of the initial final
map for the project, whichever occurs first. The structure of the funding
mechanism shall be such to allow future inclusion of other additional lots.
(Mitigation Measure 8-6) (Also, see Advisory Note "P" at the end of this document.)
95.
The owner of the property shall participate in the provision of funding to maintain
and augment park, street lighting and landscape maintenance services by agreeing
to the formation of a lighting and landscape assessment district for the lots created
by this subdivision approval which will remain in the unincorporated area of
96.
97.
98.
99.
100.
Contra Costa County. The assessment shall be the per lot annual amount (with
appropriate future CPI adjustment) then established at the time of voting by the
Board of Supervisors and/or the Danville Town Council pursuant to a joint
exercise of powers agreement 0PA) between the County and the Town established
for this project to address the provision of park, street lighting and landscape
maintenance services. The formation of the road maintenance district shall be
completed prior to the issuance of grading permits or the filing of the initial final
map for the project, whichever occurs first. The structure of the funding
mechanism shall be such to allow future inclusion of other additional lots. (Also,
see Advisory Note "Q" at the end of this document.)
The applicant shall submit an application to LAFCO facilitating the annexation of
the lots created by this subdivision approval which will remain in the
unincorporated area of Contra Costa County into County Service Area CSA L-100
Lighting District. Said submittal shall occur prior to the issuance of building
permits.
The applicant shall comply with all rules, regulations and procedures of the
National Pollutant Discharge Elimination System (NPDES) for municipal,
construction and industrial activities as promulgated by the California State Water
Resources Control Board, or the applicable Regional Water Quality Control Boards
(i.e., San Francisco Bay - Region II or Central Valley - Region V). The applicant
shall obtain a General Construction Activity Stormwater Permit. A Notice of Intent
for this permit shall be submitted to the State Water Resources Control Board. The
applicant shall provide a copy of the Notice of Intent to the County and Town
Building Inspection staffs prior to the issuance of a grading permit. A stormwater
pollution prevention plan (SWPPP) and monitoring program shall be required with
this permit. (Mitigation Measure 7-4b)
Develop best management practices (BMPs) in accordance with the Contra Costa
County Clean Water Program for the site's stormwater drainage.
All storm drains shall be stenciled with "No Dumping, Drains to Delta", using
thermoplastic tape.
The project CC&Rs shall include provisions which will serve to assure that each
residence in the project will have, and maintain, at least six off-street parking
spaces outside the road right-of-way, o__Er have, and maintain, at least four off-street
parking spaces per residence with a corresponding adjustment to the width of the
adjoining roadway sections, as necessary, and/or the provision of parking bays, to
provide at least three common parking spaces for each pairing of residences with
said common parking to be provided within 60 meters (200-feet+) of the two
residences. Parking requirements shall specifically not assume any parking on
Alamo Springs Drive from La Gonda Way to "F" Court. Other roads within the
101.
102.
103.
project, and the remainder of Alamo Springs Drive, shall be assumed to be
restricted to parking on one side of the roadway.
The applicant shall show the creek structure setback line on his site plan in
accordance with Section 914-14.012 of the County regulations, "Structure Setback
Lines for Unimproved Earth Channels", and observe this setback as if this were a
subdivision, or,
The applicant will be required to design the foundations for these residences and
roadways within the structure setback area based on a soils and geotechnical
report. The report shall address potential soil and bank instability and shall be
submitted to the County and Town Building Inspection Departments for review.
The foundation design may incorporate conservative design analysis rather that
rigorous geotechnical analysis if acceptable to Building staff.
Unless submitted prior to September 29, 2000, first check submittal and
accompanying calculations including subdivision grading plans, improvement
plans, hydrology and hydraulic maps, final maps, right-of-way plat maps and
descriptions shall be in metric units. Exceptions may be permitted, based on
substantial reason, subject to review and approval of the County Public Works
Department and the Town Engineering Division.
The subdivider shall develop a Maintenance Management System Plan (Plan) which
establishes appropriate inspection and maintenance systems regarding the
following site infrastructure elements present on proposed Lot #43 of the project:
Weed/fire control
Storm drainage systems
Erosion control
Spring-feed pond
Slide area monitoring and repair
The plan shall be structured to assure the provision of a safe, high quality and
hazard free environment. These goals are to be achieved through a process
composed of the following activities:
Recurring site inspections
Date analysis and reporting
Action determination
Work performance
Quality assurance
The submittal shall include a pond management program which clearly specifies
the following: the design parameters for any pond modifications, anticipated
problems, and proposed methods of maintenance. (Mitigation Measure 5-6)
33
104.
105.
The submittal shall include discussion of limitations of use of this area for grazing
by horse and livestock during the rainy portions of the year. The ongoing
inspection and maintenance obligations established by the Plan shall be the
responsibility of the property owner of Lot #43. Such obligations shall be
formalized through deed restrictions that shall run with the ownership of the
property. The Plan shall be submitted for review and approval by the
Development Services Department of the Town of Danville and Community
Development Department of Contra Costa County prior to the recordation of the
initial final map for the project.
A budget shall be established and funded with "seed money" from the subdivider
to initiate the various annual maintenance functions and long term repair functions
established within the plan. The property owner of Lot #43 shall enter into term
contracts for inspection services and maintenance and repair services, as necessary
to carry out the program. Inspection services shall be performed by an
independent contractor/engineer, or other party deemed acceptable to the County
and the Town, who shall be responsible for the inspection of all systems and
facilities covered by the Plan. Maintenance services shall be performed on an
annual basis as deemed necessary through the inspection process. Maintenance
services shall be preformed by such party as selected by the property owner of Lot
43, unless the inspection process reveals that recommended work is not being
preformed or is being preformed in a sub-standard manner, in which case the
County and Town may direct the work to be preformed by a general contractor for
the work items not addressed or addressed in a sub-standard manner. Continuity
in the services provided shall be insured by placing the term of the contract for the
two functions at three years (provisions for a base year and two subsequent
renewable years). Annual status reports shall be prepared and shall be submitted
to the Contra Costa County Community Development Department and the Town
of Danville and the homeowner's association created for the Alamo Springs
development.
Conditions of this approval may require the developer to install public
improvements on land where neither the developer nor the Town has easement
rights to allow the improvements to be installed. The developer shall be
responsible for acquisition of the necessary easements either through private
negotiations or by entering into an agreement with the Town and whereby the
developer would assume all responsibilities for acquisition pursuant to the Town's
authority for condemnation. Such acquisitions shall be commenced prior to the
developer's submittal of any final map for the project. All costs associated with
such acquisition shall be borne by the developer.
The area of the 20-foot width access easement serving Lot 43, which runs through
Lot 36, shall be reconfigured to be a minimum 30-foot width "stem" which shall be
included in the area of ownership for Lot 43.
106,
The initial buyers of the residential units developed in this project shall be advised
of the possibility that school-aged children in this project may not be able to attend
the nearest school to their neighborhood due to localized and/or district-wide
overcrowding.
107.
No increase in the number of lots utilizing Alamo Springs Drive for access to La
Gonda Way may occur without prior County/Town authorization, as evidenced by
approval of a Revised Final Development Plan, which shall be jointly considered
by the County and the Town in a manner consistent with the memorandum of
understanding established for the processing of the planning entitlements
addressed in this approval. An exception to this requirement is allowed for any
pre-existing recorded easement agreement granting access rights through the
subject property where said agreement was formalized prior to the approval date
for original Alamo Springs project (i.e., prior to February 5, 1993).
108.
Fencing established on top of the berm to be developed around the Highway 1-680
sides of Lots 26 through 31 shall open wire mesh fencing of a consistent design,
height and location.
109.
The access and EVA easement shown across the western edge of Lot 46 connecting
Alamo Springs Drive and the Thiessen property to the north shall be widened to
30' i_f it is documented that vehicular access rights benefitting the Thiessen property
are in place and were formalized prior to the approval date for original Alamo
Springs project (i.e., prior to February 5, 1993).
B0
Co
D0
Fo
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ADVISORY NOTES
The applicant will be required to comply with the requirements of the
Bridge/Thoroughfare Fee Ordinance for the Alamo Area of Benefit as adopted by
the County Board of Supervisors. Those lots which lie within the Town of Danville
shall not be subject to County Area of Benefit fees, but will be subject to the Town
of Danville's residential transportation improvement program fee (Town Ordinance
#94-03), to be paid to the Town prior to issuance of building permits on those
parcels.
The applicant will be required to pay the SCC Regional Fee required under the
Southern Contra Costa Fee Areas Area of Benefit as adopted by the County Board
of Supervisors.
The project will be subject to the requirements of the East Bay Municipal Utility
District and the Central Contra Costa Sanitary District. (Mitigation Measures 7-7
and 7-8a)
The project will be subject to the requirements of the San Ramon Valley Fire
Protection District.
This project may be subject to the requirement of the Department of Fish & Game.
It is the applicant's responsibility to notify the Department of Fish & Game, P.O.
Box 47, Yountville, California 94599, of any proposed construction within this
development that may affect any fish and wildlife, per Fish & Game Code.
Development will be subject to the requirements of the County Water Conservation
Landscaping in New Developments Ordinance (Ord. #909-59). (Mitigation
Measure 7-6)
Development will be subject to the requirements of the San Ramon Valley Unified
School District fees at time of issuance of building permits. (Mitigation Measure
8-4)
This project may also be subject to the requirements of the Army Corps of
Engineers. The applicant should notify the appropriate district of the Corps of
Engineers to determine if a permit is required and if it can be obtained.
In regards to the Condition of Approval #67, the applicant is advised that the tax
for the police services district is currently set by the Board of Supervisors at $200
per parcel annually (with appropriate future Consumer Price Index [CPI]
adjustments). The tax for the police services district to cover actual costs of future
police services provided from the Town of Danville to the unincorporated portion
36
J0
Ko
L0
P0
of the project is currently estimated at $254.00 per lot and shall be subject to
appropriate future CPI adjustments. (Note: 1995/96 Town budget for police
services was $3,356,250. The total number of households in Danville as of 1/1/96
was set at 13,639, with 2.803 persons per household). Based on the above
preliminary cost estimates, the project will be subject to a minimum per lot fee of
$254.00 per year, with this amount subject to increase to cover some, or all, of the
$200.00 per lot County fee. The annual fee is subject to modification by the Board
of Supervisors and/or the Danville Town Council in the future. The current fee
for holding the election is $800 and is also subject to modification in the future.
The applicable tax and fee amounts will be those established by the Board of
Supervisors and/or the Danville Town Council at the time of voting pursuant to
the voting format to be as established by the joint exercise of powers agreement
(JPA) between the County and the Town established for this project to address the
provision of police services.
This project will be subject to the requirements of the County Construction Use of
Recycled Water Ordinance (No. 91-24).
Comply with the requirements of the County Transportation Demand Management
(TDM) Ordinance (No 92-31) prior to filing a final map. At least 30 days prior to
filing a final map, submit two copies of a proposed TDM program to the County.
Except as otherwise stipulated in the foregoing conditions of approval, this project
is subject to the development fees in effect under County and Town ordinances as
of August 26, 1996, the date that the Revised Vesting Tentative Maps application
were accepted as complete by the County. These fees are in addition to any other
development fees which may be specified in the conditions of approval.
In regards to the Condition of Approval #95, thc applicant is advised that the
assessment for the street maintenance assessment district to cover actual costs of
future street maintenance provided from the Town of Danville to cover the impacts
of traffic emanating from the unincorporated portion of the project is currently
estimated a $77.20 per lot and shall be subject to appropriate future CPI
adjustments. (Note: The per lot assessment is the combined Zone A and Zone C
assessments reported in the August 6, 1996 Final Engineer's Report for Town of
Danville Street Lighting and Landscape Assessment District No. 1983-1 - Fiscal Year
1996-97.) The applicable assessment will be as established by the Board of
Supervisors and/or the Danville Town Council at the time the district is created
pursuant to a joint exercise of powers agreement (JPA) between the County and
the Town established for this project to address the provision of street maintenance
Services.
In regards to the Condition of Approval #96, the applicant is advised that the
assessment for the lighting and landscape assessment district to cover actual costs
37
of future park, street lighting and landscape maintenance provided from the Town
of Danville to cover the impacts of traffic, public park usage and public facility
usage resulting from the unincorporated portion of the project is currently
estimated at $108.00 per lot and shall be subject to appropriate future CPI
adjustments. The applicable assessment will be as established by the Board of
Supervisors and/or the Danville Town Council at the time the district is created
pursuant to a joint exercise of powers agreement (JPA) between the County and
the Town established for this project to address the provision of park, street
lighting and landscape maintenance services.
wp5.1 F:~PLANNING~GAILEY~ALAMOFI.NAL
38