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HomeMy WebLinkAbout97-24 EXHIBIT A RESOLUTION NO. 97-24 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE RECOMMENDING THAT THE TOWN COUNCIL APPROVE A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND A VESTING TENTATIVE MAP (SD 8047) AND A PRELIMINARY AND FINAL DEVELOPMENT PLAN (PUD 97-01) ALLOWING FOR 13 RESIDENTIAL LOTS (APN: 206-020-053) WHEREAS, Kathy Blankenship has requested approval of a Preliminary Development Plan - Rezoning (PUD 97-01) and Final Development Plan - Major Subdivision request (SD 8047) to fezone a 5.68 +/- acre property from A-2; General Agricultural District to P-1; Planned Unit Development District and to create 13 residential lots; and WHEREAS, the subject site is located on the northwest corner of Lawrence Road and Casolyn Ranch Road, at 1162 Lawrence Road and is further identified as Assessor's Parcel Number 206-020-053; and WHEREAS, the Town of Danville P-1; Planned Unit Development District requires approval of a Preliminary Development Plan prior to approval of a Final Development Plan and the approval of a Final Development Plan prior to the development of the property; and WHEREAS, a draft Negative Declaration of Environmental Significance has been prepared for the project indicating that no significant impacts are anticipated to be associated with the project; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on August 12, 1997; and WHEREAS, the public notice of this action was given in all respects as required by law; and WHEREAS, a staff report was submitted recommending that Planning Commission approve the request; and WHEREAS, the Planning Commission did hear and consider all reports, recommendations, and testimony submitted in writing and presented at the hearing; now, therefore, be it PAGE 1 OF RESOLUTION NO. 97-24 RESOLVED that the Planning Commission of the Town of Danville recommends the grant of a Negative Declaration of Environmental Significance and approval of the Preliminary Development Plan - Rezoning request PUD 97-01 per the conditions contained herein; and makes the following findings in support of this action: The proposed Rezoning is consistent with the General Plan Land Use Designation for the area. The proposed Rezoning is consistent with the Development Standards contained within the Lawrence/Leema Road Specific Plan. The uses authorized or proposed in the land use district are compatible within the district and to uses authorized in adjacent districts. Based on the completion of the Initial Study of Environmental Significance and comments received, there is no substantial evidence before the Town that the project will have a significant effect on the environment. and, be it further RESOLVED that the Planning Commission of the Town of Danville recommends the approval of the Final Development Plan - Major Subdivision request SD 8047 per the conditions contained herein; and makes the following findings in support of this action: The proposed subdivision is in substantial conformance with the goals and policies of the General Plan. The design of the proposed subdivision is in substantial conformance with the applicable zoning regulations. The design of the subdivision and the type of associated improvements will not likely cause serious public health problems because water and sanitary facilities services will be available to the 13 new parcels. The density of the subdivision is physically suitable for the proposed density of development. The design of the proposed subdivision and improvements are not likely to cause substantial environmental damage or subsequently injure fish or wildlife or their habitat since this property is in an area where residential development has previously occurred. PAGE 2 OF RESOLUTION NO. 97-24 The design of the proposed subdivision and proposed improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. CONDITIONS OF APPROVAL Conditions of approval with an asterisk (*) in the left-hand column are standard project conditions of approval. Unless otherwise specified, the following conditions shall be complied with prior to the Town Council approval of the initial Final Map for the project. Each item is subject to review and approval by the Planning Division unless otherwise specified. A. GENERAL * 1. This approval is for a Preliminary Development Plan - Rezoning (PUD 97-01) and Final Development Plan - Major Subdivision (SD 8047) request to rezone the property from A-2; General Agricultural District to P-l; Planned Unit Development District and to subdivide the property to create 13 residential lots on a 5.68 +/~ acre parcel identified as 1162 Lawrence Road (APN: 206-020- 053). Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; Vesting Tentative Map and Preliminary & Final Development Plan, consisting of one sheet, labeled "Subdivision 8047," as prepared by dk Associates, dated received by the Planning Division on May 23, 1997. Preliminary Development Plan which includes the site plan indicating plantings and the trail plan for the linear open space system. The design of the linear open space is not specifically approved as part of this approval. The final landscape and fence design and related treatments are subject to final approval by the Town's Design Review Board. Architecture and building layout is not included as a part of this approval. The architecture and individual building layout must by reviewed and approved by the Planning Division and the Town's Design Review Board. The applicant shall pay or be subject to any and all Town and other related fees that the property may be subject to. These fees shall be based on the current fee schedule in effect at the time the relevant permits are secured, and shall be paid PAGE 3 OF RESOLUTION NO. 97-24 prior to issuance of said permit and prior to any Town Council final approval action. Notice should be taken specifically of the Town's Transportation Improvement Program (RTIP), SCC Sub-Regional, SCC Regional, Park Land In-lieu and Child Care Facilities, Flood Control & Water Conservation District (Drainage Areas and Mitigation), Plan Checking, Inspection, and the Lawrence Road Benefit District fees. Prior to the issuance of grading or building permits, the applicant shall submit written documentation that all requirements of the San Ramon Valley Fire Protection District (SRVFPD) and the San Ramon Valley Unified School District have been, or will be, met to the satisfaction of these respective agencies. The SRVFPD's initial comments on this project are summarized in part in their memorandum dated January 29, 1997. The applicant shall submit to the Town of Danville fees required to file a Notice of Determination for this project. This fee shall be $25.00. In the event that subsurface archeological remains are discovered during any construction or pre-construction activities on the site, all land alteration work within 100 feet of the find shall be halted, the Town Planning Division notified, and a professional archeologist, certified by the Society of California Archeology and/or the Society of Professional Archeology, shall be notified. Site work in this area shall not occur until the archeologist has had an opportunity to evaluate the significance of the find and to outline appropriate mitigation measures, if they are deemed necessary. If prehistoric archaeological deposits are discovered during development of the site, local Native American organizations shall be consulted and involved in making resource management decisions. Construction activity shall be restricted to the period between the weekday hours of 7:30 a.m. to 5:30 p.m. (Mondays through Fridays), unless otherwise approved in writing by the City Engineer for general construction activity and the Chief Building Official for building construction activity. The applicant shall provide security fencing, to the satisfaction of the City Engineer and/or the Chief Building Official, around the site during construction of the project. The applicant shall require their contractors and subcontractors to fit all internal combustion engines with mufflers which are in good condition, and to locate stationary noise-generating equipment as far away from existing residences as PAGE 4 OF RESOLUTION NO. 97-24 feasible. A watering program which incorporates the use of a dust suppressant, and which complies with Regulation 2 of the Bay Area Air Quality Management District shall be established and implemented for all on and off-site construction activities. Equipment and human resources for watering all exposed or disturbed soil surfaces shall be supplied on weekends and holidays as well as work days. Dust-producing activities shall be discontinued during high wind periods. 10. If the applicant intends to construct the project in phases, then the first submittal for building permits shall be accompanied by an overall phasing plan. This plan shall address: off-site improvements to be installed in conjunction with each phase; erosion control for undeveloped portions of the site; timing of delivery of emergency vehicle access connections; and phasing of project grading. The phasing plan shall be subject to the review and approval of the City Engineer and Chief of Planning. 11. If the project is developed in phases, Phase one must install all landscaping and irrigation for the linear open space/landscape areas along "B" Lane, Casolyn Ranch Road, and Lawrence Road frontages. 12. At the time of submittal of the subdivision map and improvement plans for first plan checking, the applicant shall submit a written report on compliance with the conditions of approval of this project for the review and approval of the Director of Planning and the City Engineer. This report shall list each condition of approval followed by a description of what the applicant has provided as evidence of compliance with that condition. The report may be rejected by the Town if it is not comprehensive with respect to the applicable conditions of approval. ~ 13. This project shall comply with all requirements established under the LawrenceFLeema Road Specific Plan. 14. For all new lots created by this subdivision, the following statement shall be recorded to run with the deed of the property acknowledging the historic rural nature of the area, and the rights of surrounding property owners to continue existing and/or future legally established rural/agricultural uses: ~PLEASE NOTE: This is a new Standard Condition of Approval. PAGE 5 OF RESOLUTION NO. 97-24 IMPORTANT.. BUYER NOTIFICATION This property is located in a historic rural nature of the area with existing rural and agricuHural uses. Any inconvenience or discomfort from legally established agricultural uses consistent with the area's previous A-2; General Agricultural District zoning designation,, including noise, odors, dust, and chemicals, will not be deemed a nuisance. SITE PLANNiNG All lighting shall be installed in such a manner that lighting is generally down- directed and glare is directed away from surrounding properties and rights-of-way. The location of any pad mounted electrical transformers shall be subject to review and approval by the Planning Division prior to the issuance of a building permit. To the extent feasible, such transformers shall not be located between any street and the front of a building. Any on-site wells and septic systems shall be destroyed in accordance with Contra Costa County Health Services Department - Environmental Health Division regulations. Environmental Health Division permit and inspections for this work shall be obtained. Development criteria for lots within this project, including front, rear, and side yard setbacks, shall be as established under Town's R-12; Single Family Residential District. No interior street lighting shall be installed within this subdivision. Low, ground directed, driveway/entry lighting for individual properties, shall be subject to review and approval by the Town' s Design Review Board. The development rights for the open space areas labeled Parcel A and Parcel B, and the circular landscape area in the center of the "A" Court cul-de-sac (to be recorded as "Parcel C") shall be dedicated to the Town of Danville. LANDSCAPiNG Final landscape and irrigation plans (with planting shown at 1 "--20' scale) shall be submitted for review and approval by the Planning Division. The plan shall include common names of all plant materials and shall indicate the size that PAGE 6 OF RESOLUTION NO. 97-24 various plant materials will achieve within a five year period of time. All plant material shall be served by an automatic underground irrigation system and maintained in a healthy growing condition. Irrigation shall comply with Town of Danville Landscape Ordinance #91-14 and landscape guidelines and shall be designed to avoid runoff and overspray. Proposed common maintenance lawn areas within the project shall not exceed a maximum of 25 percent of proposed common landscaped areas. All trees shall be a minimum of 15 gallon container size. All trees shall be properly staked. All remaining shrubs used in the project, which are not used as ground cover, shall be a minimum of five gallons in size. All landscaped areas not covered by shrubs and trees shall be planted with live ground cover. All proposed ground cover shall be placed so that they fill in within two years. A minimum of two street trees shall be planted in the linear open space fronting each lot (four for corner lots) shall be incorporated into the final landscape and irrigation plan for the project. A mechanism acceptable to the Town shall be established to provide for the common maintenance of the varying open space/landscape areas within this project and along Lawrence and Casolyn Ranch Roads, identified as Parcel A and Parcel B on the tentative map, as well as the circular landscape area (to be recorded as "Parcel C"). This mechanism for common maintenance may be a project-specific homeowners' association, or participate in a larger "Master" homeowners' association which includes other Lawrence Road developments. Alternatively, the applicant may request the Town Council approval of a new Light and Landscape Assessment District for maintenance of these open space/landscape parcels. This mechanism shall be subject to review and approval by the Planning Division and the City Attorney prior to recordation of the final map for the project. The final design of the landscape treatment, path design and location, and fence design to separate the open space areas from private property, shall be subject to review and approval by the Design Review Board prior to the issuance of building permits for this project. This landscape treatment shall be substantially consistent with the design of other approved landscape treatment PAGE 7 OF RESOLUTION NO. 97-24 in the area. The applicant shall identify the circular landscape area in the center of the "A" Court cul-de-sac as "Parcel C," and recorded as a private parcel of the subdivision. This circular landscape area shall be private property maintained by the homeowners' association. D, A Public Access Easement shall be established over Parcels A and B, and the circular landscape area in the center of the "A" Court cul-de-sac (to be recorded as "Parcel C") within this project. In addition, language shall be developed to be recorded as a deed notification for all lots within this subdivision which describes that these parcels are for common public use, and may not be reserved for private use, privately maintained by individual property owners, or developed with private landscaping or structures installed by individual property owners. This language shall further describe that if any property owner violate this agreement and install private landscaping or structures within the public open space, the private landscaping or structures shall be removed at the property owner's expense. This language shall be submitted for review and approval by the City Attorney prior to recordation of the final map. 10. The plantings and irrigation for the landscape areas in Parcels A, B and the circular area in the center of the "A" Court cul-de-sac (to be recorded as "Parcel C") shall be installed by the developer prior to occupancy. 11. If tract homes are proposed to be constructed, the applicant shall develop a minimum of three landscape alternatives for front yard landscaping which complements the landscape treatment within the linear public open space/landscape areas. The landscape alternatives shall be submitted for review and approval by the Planning Division and the Town' s Design Review Board prior to issuance ofbuilding permits for the project. Home buyers shall be offered the option to buy one of the a landscape alternatives to be installed by the developer. 12. All front yard landscaping, for both custom or tract homes, shall be installed within six months of completion of the unit or within six months of occupancy by the homeowner, whichever comes first. The CC&R's for the project shall be modified to reflect this condition and shall be submitted for review and approval by the Town prior to issuance of building permits. ARCHITECTURE PAGE 8 OF RESOLUTION NO. 97-24 All ducts, meters, air conditioning and/or any other mechanical equipment whether on the structure or on the ground shall be effectively screened from view with landscaping or materials architecturally compatible with the main structures. The street numbers for each structure in the project shall be posted so as to be easily seen from the street at all times, day and night. Samples of final materials and the proposed color pallet shall be submitted for review and approval by the Design Review Board prior to the issuance of building permits for the project. Final architectural elevations, details and revisions shall be submitted for review and approval by the Design Review Board prior to issuance of building permits for the project. The proposed design of single family units developed in this project shall be designed in accordance with the following design criteria: All four exterior elevations of each unit shall be architecturally dimensioned, trimmed and detailed similar to the front elevation. Trim material around doors and windows shall be a minimum of 15/8" thickness. Substantial variation shall be included in the roof lines proposed for each unit. The project covenants, conditions and restrictions shall provide a review and approval process for any proposed repainting or re-roofing of exteriors of the units in this project. If tract homes are developed in this subdivision, then all proposed project architecture, colors, and materials shall be submitted for review and approval by the Planning Division and Design Review Board, and shall be subject to the following criteria: A minimum of three different floor plans, each with two alternative front elevation treatments, shall be developed. b. Two of the same units with the same front elevation treatments shall not PAGE 9 OF RESOLUTION NO. 97-24 be placed directly adjacent to or across the street from each other. If custom homes are developed in this subdivision, the developer shall submit architectural design guidelines to the Design Review Board for review and approval. The design guidelines shall establish general design criteria for the homes, as well as provide a consistent design theme for units within the project. Consistency of individual proposed units with the approved design guidelines shall be subject to review and approval by the Planning Division through the building permit review process. If signing for the proposed development is desired (subdivision signage), a comprehensive sign program shall be submitted to the Town for consideration under a separate sign permit application. PARKiNG CC&R's to be recorded with the subdivision shall specify that on-street parking shall be allowed only within the parking bays. These CC&R's shall be recorded prior to final map approval. , Minimal signage, maximum one sign per block, is allowed to set forth the parking restriction. No other regulatory signage or red curbs are permitted throughout the subdivision. GRADiNG Any grading on adjacent properties will require prior written approval of those property owners affected. At least one week prior to commencement of grading, the applicant shall post the site and mail to the owners of property within 300 feet of the exterior boundary of the project site, to the homeowner associations of nearby residential projects and to the Town of Danville Development Services Department, a notice that construction work will commence. The notice shall include a list of contact persons with name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be kept current at all times and shall consist of persons with authority to initiate corrective action in their area of responsibility. The names of individuals responsible for dust, noise and litter control shall be expressly identified in the notice. PAGE 10 OF RESOLUTION NO. 97-24 Development shall be completed in compliance with a detailed soils report and the construction grading plans prepared for this project. The engineering recommendations outlined in the project specific soils report shall be incorporated into the design of this project. The report shall include specific recommendations for foundation design of the proposed buildings and shall be subject to review and approval by the Town's Engineering and Planning Divisions. Where soils or geologic conditions encountered in grading operations are different from that anticipated in the soil report, a revised soils report shall be submitted for review and approval by the City Engineer. It shall be accompanied by an engineering and geological opinion as to the safety of the site from settlement and seismic activity. All development shall take place in compliance with the Town Erosion Control Ordinance (Ord. 91-25). Restrictions include limiting construction primarily to the dry months of the year (May through October) and, if construction does occur during the rainy season, the developer shall submit an Erosion Control Plan to the City Engineer for review and approval. This plan shall incorporate erosion control devices such as, the use of sediment traps, silt fencing, pad berming and other techniques to minimize erosion. All new development shall be consistent with modern design for resistance to seismic forces. All new development shall be in accordance with the Uniform Building Code and Town of Danville Ordinances. All cut and fill areas shall be appropriately designed to minimize the effects of ground shaking and settlement. Stockpiles of debris, soil, sand or other materials that can be blown by the wind shall be covered. If toxic or contaminated soil is encountered during construction, all construction activity in that area shall cease until the appropriate action is determined and implemented. The concentrations, extent of the contamination and mitigation shall be determined by the ConIra Costa County Health Department. Suitable disposal and/or treatment of any contaminated soil shall meet all federal state and local regulations. If deemed appropriate by the Health Department, the applicant shall make provisions for immediate containment of the materials. PAGE 11 OF RESOLUTION NO. 97-24 Runoff from any contaminated soil shall not be allowed to enter any drainage facility, inlet or creek. 10. All grading activity shall address National Pollutant Discharge Elimination System (NPDES) concerns. Specific measures to control sediment runoff, construction pollution and other potential construction contamination shall be addressed through the Erosion Control Plan (ECP) and Storm Water Pollution Prevention Plan (SWPPP). A NPDES construction permit may be required, as determined by the City Engineer. 11. All retaining wall shall be constructed to be wholly contained within individual lots and maintained by either the property owner or the homeowner' s association. STREETS The applicant shall obtain an encroachment permit from the Engineering Division prior to commencing any construction activities within any public right-of-way or easement. Street signing shall be installed by the applicant as may be required by the City Engineer. Traffic signs and parking restriction signs which may be required to be installed shall be subject to review and approval by the Transportation Division and the Police Department. All mud or dirt carried off the construction site onto adjacent streets shall be swept each day. Water flushing of site debris or sediment or concrete washing is expressly prohibited. Any damage to street improvements now existing or done during construction on or adjacent to the subject property shall be repaired to the satisfaction of the City Engineer, at full expense to the applicant. This shall include slurry seal, overlay or street reconstruction if deemed warranted by the City Engineer. All improvements within the public right-of-way, including curb, gutter, sidewalks, driveways, paving and utilities, shall be constructed in accordance with approved standards and/or plans and shall comply with the standard plans and specifications of the Development Services Department and Chapters XII and XXXI of the Town Code. At the time project improvement plans are submitted, the applicant shall supply to the City Engineer an up-to-date title report for the subject property. PAGE 12 OF RESOLUTION NO. 97-24 Handicapped ramps shall be provided and located as required by the City Engineer. 7. Public streets shall be improved to the standards in ~G.5. above. 8. The proposed storm drainage system shall be a public system. Lawrence Road improvements are being constructed per the Lawrence Road Benefit District. This subdivision shall be responsible for: All landscaping and properly westerly of the new right of way lien, outside the 52-foot right-of-way, shall be privately owned and maintained. The Town will abandon excess right-of-way beyond that identified in the Specific Plan (about 18 feet of the 34-foot dedication in 1977). 10. Casolyn Ranch Road (formerly Cutlet Lane) improvements along the frontage of this property shall be built to public standards as follows: Casolyn Ranch Road shall ultimately be improved as a minimum 30 foot wide public street within parking restricted to one side only. Appropriate signing and stripping shall be installed per the California Vehicle Code. The existing southerly property line of this subdivision shall be considered the centerline of the roadway. This subdivision shall be responsible for the entire northerly half of the roadway imporvements including: ii. iii. Curb and gutter; Pavement; A 5-foot Public Utility Easement shall be offered for dedication abutting the northerly street right-of-way. Install a minimum 10-foot wide street pavement section southerly of the centerline. Install pavement transitions as determined necessary by the City engineer at the easterly boundary of the subdivision. PAGE 13 OF RESOLUTION NO. 97-24 f. The proposed four foot meandering pathway shall be outside the public street right-of-way and within privately owned Parcels A and B. 11. "A" Court and "B" Lane shall be improved as substantially shown on Tentative Map road section labeled "Typical ½ Road Section" and in the following way: The right-of-way shall vary between 29 feet (two lanes of travel only) to 39 feet (two lanes of travel plus parking bay). In some instances, the entire width of the right-of-way may be 59 feet (two lanes of travel plus parking bays facing each other across the street). A 5-foot Public Utility Easement shall be offered for dedication abutting all street right-of-ways. The landscaping shown beyond the roadway on the Tentative Map shall be privately owned and maintained. All property outside the defined right-of-way shall be owned by a private entity. 12. Some of the Casolyn Ranch Road improvements required by this subdivision, lie outside the boundaries of this subdivision. The subdivider shall acquire all necessary right and title to install these improvements prior to Final Map approval by the Town Council. 13. Prior to Final Map approval, the parking bays shown on the Tentative Map shall be modified with wider angles and gentler taper to more easily accommodate street sweeping equipment. 14. Casolyn Ranch Road shall be renamed "Cutlet Ranch Road." Prior to Final Map approval, this name change shall be shown on all subdivision plans, improvements plans, and on the Final Map. INFRASTRUCTURE Domestic water supply shall be from an existing public water system. Water supply service shall be from the East Bay Municipal Utility District (EBMUD) water system in accordance with the requirements of EBMUD. All wastewater shall be disposed into an existing sewer system. Sewer disposal service shall be from the Central Contra Costa Sanitary District (CCCSD) sewer system in accordance with the requirements of CCCSD. PAGE 14 OF RESOLUTION NO. 97-24 Drainage facilities and easements shall be provided to the satisfaction of the City Engineer and/or the Chief Engineer of the Contra Costa County Flood Control & Water Conservation District (CCCFC & WCD). Prior to recordation of the Final Map for the project, the applicant shall submit to the Town documentation that run-off from this project shall not exceed the flow restriction of 4,670 cubic feet per second for Alamo Creek at the Contra Costa County/Alameda County Line. If development of this project will result in a flow of greater than 4,670 cubic feet per second, then mitigation to reduce the flow to not exceed the flow restriction level shall be completed prior to the issuance of grading or improvement plan permits for this project. A deed notification shall be recorded to run with the title of all lots created by this subdivision to notify all future property owners of a planned flood control benefit district for the area to help pay for the construction of future detention basins within the Dougherty Valley area. All runofffrom impervious surfaces shall be intercepted at the project boundary and shall be collected and conducted via an approved drainage method through the project to an approved storm drainage facility, as determined by the City Engineer. Development which proposes to contribute additional water to existing drainage system shall be required to complete a hydraulic study and make improvements to the system as required to handle the expected ultimate peak water flow and to stabilize erosive banks that could be impacted by additional storm water flow. Roof drainage from structures shall be collected via a closed pipe and conveyed to an approved storm drainage facility in the street curb. No concentrated drainage shall be permitted to surface flow across sidewalks. Any portion of the drainage system that conveys runoff from public streets shall be installed within a dedicated drainage easement, or public street. Ira storm drain must cross a lot, or be in an easement between lots, the easement shall be equal to or at least double the depth of the storm drain. The applicant shall furnish proof to the City Engineer of the acquisition of all necessary rights of entry, permits and/or easements for the construction of off-site temporary or permanent road and drainage improvements. PAGE 15 OF RESOLUTION NO. 97-24 10. Electrical, gas, telephone, and Cable TV services, shall be provided underground in accordance with the Town policies and existing ordinances. All utilities shall be located and provided within public utility easements, sited to meet utility company standards, or in public streets. All new utilities required to serve the development shall be installed underground. 12. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. 13. A Storm Water Pollution Prevention Plan (SWPPP) shall be prepared as part of the preparation of project improvement plans to assure prevention of construction related silt and pollutants from leaving the site and polluting the downstream water courses. The SWPPP shall supplement the erosion control plan prepared for the project. MISCELLANEOUS The project shall be constructed as approved. Minor modifications in the design, but not the use, may be approved by Staff. Any other change will require Planning Commission approval through the Development Plan review process. Conditions of this approval may require the applicant to install public improvements on land neither the applicant, nor the Town, has easement rights to allow for the installation of the improvements. The applicant shall be responsible for acquisition of said easement rights through private negotiations. If the applicant is unsuccessful in negotiations, the applicant shall apply to the Town for use of eminent domain powers in accordance with Town Resolution No. 78-85. All easement rights shall be secured prior to Town Council final approval of any subdivision map. All costs associated with such acquisition shall be borne by the applicant. The project homeowners' association, through project-specific covenants, conditions and restrictions (CC&R's), shall be responsible for maintenance of all pedestrian ways, common landscape areas, common fencing, project retaining walls, and common drainage facilities. Draft project CC&Rs shall be submitted to the Town of Danville for review and approval a minimum of 30 days prior to recordation of the Final Map. PAGE 16 OF RESOLUTION NO. 97-24 5. Use of a private gated entrance is expressly prohibited. The location, design and number of gang mailbox structures serving the project shall be subject to review and approval by the Design Review Board and the local Postmaster. The proposed project shall conform to the Town's Stormwater Management and Discharge Control Ordinance (Ord. No. 94-19) and all applicable construction and post-construction Best Management Practices (BMPs) for the site. For example, construction BMPs may include, but are not limited to: the storage and handling of construction materials, street cleaning, proper disposal of wastes and debris, painting, concrete operations, dewatering operations, pavement operations, vehicle/equipment cleaning, maintenance and fueling and stabilization of construction entrances. Training of contractors on BMPs for construction activities is a requirement of this permit. At the discretion of the City Engineer, a Storm Water Pollution Prevention Plan (SWPPP) may be required for projects under five acres. If the project is over five acres in size, a Notice of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) shall be filed with the Regional Water Quality Control Board and a copy given to the City Engineer prior to commencement of any construction activity. A SWPPP shall be prepared as part of the preparation of project improvement plans. The SWPPP shall supplement the erosion control plan prepared for the project, if one is required. These documents shall also be kept on-site while the project is under construction. The applicant shall increase the size of Parcel B to meet the minimum 20 percent open space requirement. 10. This project will be responsible for the provision of one unit which shall be made available to a three or four person household with "moderate" income, as established by the State Department of Housing and Community Development (HCD) and the United States Department of Housing and Urban Development <HUD). Sales price of this unit shall not exceed the maximum price affordable to a three-person or four-person household, as applicable, with 110% of the median income established for Contra Costa and Alameda Counties. The maximum sales price shall be based on the following assumed variables: PAGE 17 OF RESOLUTION NO. 97-24 7.375% interest rate; maximum monthly assignment of housing costs of 35% of gross monthly income; taxes at 1.25% of the purchase price of the home; homeowner's association dues of $125.00 per month; and a 30-year fixed rate mortgage. The maximum allowable percentage of down payment allowed is 15 percent. The maximum sales prices shall be tiered to the down payment made by the qualifying purchaser (based on a 4-person household), as follows: Percent Down Payment 5% down payment: 10% down payment: 15% down payment: 4-Person Household $237,150 $248,475 $260,900 APPROVED by the Danville Planning Commission at a Regular Meeting on August 12, 1997 by the following vote: AYES: NOES: ABSTAIN: Moran ABSENT: Hunt APPROVED AS TO FORM: Barry, Combs, Jatneson, Osborn, Rapp, Bowlby Chairman willi sXapplicat. ion\pud\p 97_01Xreso. PAGE 18 OF RESOLUTION NO. 97-24