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HomeMy WebLinkAbout98-01 EXHIBIT A RESOLUTION NO. 98-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE CERTIFYING A FINAL ENVIRONMENTAL IMPACT REPORT AND APPROVING DEVELOPMENT PLAN REQUEST DP 96-29 ALLOWING THE CONSTRUCTION OF A SERVICE STATION CAR WASH AND CONVENIENCE STORE (APN: 206-010-049 -- EXXON) WItEREAS, Exxon Corporation has requested approval of a Development Plan application (DP 96-29) to allow the construction of a service station including six fueling station under a canopy, a 2,100 +/- square foot convenience store, and a 735 +/- square foot self-service drive through car wash on a 1,3 +/- acre site; and WHEREAS, the subject site is located on the southeast corner of Camino Tassajara and Tassajara Ranch Drive, at 3500 Carnino Tassajara, and is identified as Assessor's Parcel Number 206-010-049; and WHEREAS, the Town of Danville P-l; Planned Unit Development District Ordinance requires approval of a final Development Plan application prior to the development of the site; and WHEREAS, an Environmental Impact Report (EIR) has been prepared for the project to evaluate all potential environmental impacts associated with this project; and WHEREAS, the draft EIR was forwarded to the State Clearinghouse for distribution to those agencies who have jurisdiction by law with respect to the project, and other interested persons and agencies, and sought the comments of such persons and agencies; and WHEREAS, notice of the completion of the draft EIR was mailed to all interested persons and agencies as required by law; and WHEREAS, on October 28, 1997, the Planning Commission held a public hearing to allow oral comments regarding the adequacy of the draft EIR; and WHEREAS, all comments on the draft EIR received by the Town during the public review period has been responded to in writing within a Response to Comments document; and WHEREAS, the Response to Comments document has been made available for public review and sent to all agencies who commented on the draft EIR; and PAGE 1 OF RESOLUTION NO. 98-01 WHEREAS, the draft EIR, in conjunction with the Response to Comments Document, constitutes the final EIR; and WHEREAS, the final EIR finds that all potential environmental impacts can be mitigated to a level that is less than significant; and WHEREAS, consistent with the requirements of Section 21081.6 of the State Public Resource Code, a Mitigation Monitoring Program has been completed and approved which will monitor the project's compliance with the Mitigation Measures which have been adopted as part of this project to reduce all potentially significant environmental impacts to a less than significant level; and WHEREAS, the Planning Commission did review the final EIR and the Development Plan request during a noticed public hearing on January 13, 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 certify the final EIR prior to approving the Development Plan request; and WHEREAS, the Planning Commission did hear and consider all reports, recommendations, and testimony submitted in writing and presented at the hearing; now, therefore, be it RESOLVED that the Planning Commission of the Town of Danville approves the certification of the Environmental Impact Report and approves of the Development Plan request DP 96-29 per the conditions contained herein, and makes the following findings in support of these actions: Environmental Impact Report The final Environmental Impact Report has been completed in compliance with the requirements of the California Environmental Quality Act (CEQA). The final Environmental Impact Report was presented to the Planning Commission of the Town of Danville and the Commission reviewed and considered the information contained in the final Environmental Impact Report prior to approving the project. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the final Environmental Impact Report. PAGE 2 OF RESOLUTION NO. 98-01 4. A Mitigation Monitoring program has been established to assure the project's compliance t-'- with mitigation measures approved as part of this project. Final Development Plan - DP 96-29 The development plan will not be detrimental to the to the health, safety, and general welfare of the Town. The development plan will not adversely affect the orderly development of property within the Town. The development plan will not adversely affect the preservation of property values and the protection of the tax base within the Town. The development plan will not adversely affect the policy and goals as set by the General Plan. The development plan will not create a nuisance and\or enforcement problem within the neighborhood or community. 6. The development plan will not encourage marginal development within the neighborhood. CONDITIONS OF APPROVAL Conditions of approval with an asterisk C*") in the left-hand column are standard project conditions of approval. Optional additional language: Conditions of approval typed in italicized text are mitigation measures derived from the final Environmental Impact Report prepared for the project. Italicized and bold text represent recommended mitigation measures which have already been incorporated into the project plans. Unless otherwise specified, the following conditions shall be complied with prior to the issuance of a building permit for the project. Each item is subject to review and approval by the Planning Division unless otherwise specified. PAGE 3 OF RESOLUTION NO. 98-01 GENERAL This approval is for a service station including six fueling station under a canopy, a 2,100 +/- square foot convenience store, and a 735 +/- square foot self-service drive through car wash. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; Site Plan, elevations, floor plans, preliminary landscape plan, grading plan, lighting plan, drainage plan, and site sections labeled "Exxon Company, U.S.A.," as prepared by RHL Design Group Inc. dated received by the Planning Division on January 7, 1997. The applicant shall pay or be subject to any and all Town and other related fees that the property may be subject to. These fees shall be based on the current fee schedule in effect at the time the relevant permits are secured, and shall be paid prior to issuance of said permit and prior to any Town Council final approval action. Notice should be taken specifically of the Town's Transportation Improvement Program (TIP), Park Land In-lieu and Child Care Facilities, Flood Control & Water Conservation District (Drainage Areas and Mitigation), Plan Checking, Inspection, Benefit Districts and Density Increase 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 applicant shall submit to the Town of Danville fees required to file a Notice of Determination for this project as required by AB 3185. The fee shall be $1,300. In the event that subsurface archeological remains are discovered during any construction or pre-construction activities on the site, all land alteration work within 100 feet of the find shall be halted, the Town Planning Division notified, and a professional archeologist, certified by the Society of California Archeology and/or the Society of Professional Archeology, shall be notified. Site work in this area shall not occur until the archeologist has had an opportunity to evaluate the 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. ~-, PAGE 4 OF RESOLUTION NO. 98-01 Noise generating construction activities shall be limited to the hours' of 7:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays, 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. Construction equipment shah have state-oJ:the-art muffler systems, as required by current law. MuJfler systems shah be properly maintained Noisy stationary constntction equipment, such as compressors, shah be placed away from developed areas offzsite and/or provided with acoustical shielding. 10. Grading and construction equipment shall be shut down when not in use. 11. A watering program which incorporates the use of a dust suppressant, and which complies with Regulation 2 of the Bay Area Air Quality Management District shall be established and implemented for all on and off-site construction activities. Equipment and human resources for watering all exposed or disturbed soil surfaces shall be supplied on weekends and holidays as well as work days. Dust- producing activities shall be discontinued during high wind periods. All physical improvements shall be in place prior to occupancy of any structure in the project or operation of the service station, car wash, or convenience store. 13. At the time of submittal of the improvement plans and building permit 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. 14. The car wash and its associated facilities shah be closed from 7:O0 pm to 8:O0 ant to prevent the potentially audible and annoying noise ef~cts of the car wash during these more quiet periods. 15. The vacuum island shall be closed between the hours of 7:00 pm to 8:00 am to prevent noise impacts. The vacuum pumps shall be designed with a switch to PAGE 5 OF RESOLUTION NO. 98-01 allow the operator to shut-off the vacuums during the specified hours. B, 16. No outdoor storage or display of merchandise will be allowed without approval of a temporary Land Use Permit from the Planning Division. 17. The applicant shall comply with all provisions of the mitigation monitoring program which is included as part of the final EIR for this project. Failure to comply with the requirements of the mitigation measures contained herein or the mitigation monitoring program may result in the denial of occupancy of the project, or revocation of the project approval, as allowed for by State law. 18. The applicant shall develop an inspection form to facilitate the monitoring of on- going operational mitigation measures associated with this project. The inspection form shall include specific inspection dates and corresponding required monitoring activities associated with the mitigation monitoring program. The applicant shall maintain a copy of the mitigation monitoring inspection for on-site at all times. The proposed form shall be submitted for review and approval by the Planning Division prior to issuance of building permits for the project. 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. The proposed site plan shall be revised to provide a minimum setback of 20feet from the existing edge of the Willow canopy which defines the riparlan habitat along Alamo Creek. The additional setback areas shall be landscaped with native enhancement plantings outside the Willow canopy, which could include Valley Oak and other native species to enhance the value of the riparlan corridor fringa The proposed wall shall be extended the length of the southern proper(F boundary to separate the human activities associated with the service station from the creek corridor. The wall shall be at least 20feet from the existing edge of the Willow canopy. 5. The yard lighting plan shall be re~,ised to eliminate light spill within the 20~foot PAGE 6 OF RESOLUTION NO. 98-01 setback on the project sit~ This could be accomplished by either reducing the height of the yard lighting near the riparian area or attaching light directing mechanisms to the light fixture itself to prevent this light spilt LANDSCAPING Final landscape and irrigation plans (with planting shown at 1 "=20' scale) shall be submitted for review and approval by the Planning Division. The plan shall include common names of all plant materials and shall indicate the size that various plant materials will achieve within a five year period of time. All plant material shall be served by an automatic underground irrigation system and maintained in a healthy growing condition. Irrigation shall comply with Town of Danville Landscape Ordinance #91-14 and landscape guidelines and shall be designed to avoid runoff and overspray. Proposed common maintenance lawn areas within the project shall not exceed a maximum of 25 percent of proposed common landscaped areas. All trees shall be a minimum of 15 gallon container size, except as otherwise noted. 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. All existing trees on the site shall be preserved to the extent practical. Removal will be allowed only upon prior written approval from the Planning Division. The proposed Preliminary Landscape Plan shall be revised to ensure compatibili(y with the sensitive riparian habitat along the West Branch of Alamo Creek. Revisions to the Plan shah include the following: The proposed wall shah serve as a separation between development and landscape improvements, and the proposed enhancement plantings along the creek corridor. Intensively managed landscaping such as turf areas and plantings of non-native trees, shrubs, and ground covers shah be restricted to the upland side of the wall, away from the creek. Plantings on the creek side of the wall shah be limited to native trees and shrubs. PAGE 7 OF RESOLUTION NO. 98-01 Plantings of Weeping Willow (Salix babylonica) shall be eliminated flora the riparian enhancement area on the fdl slope along the southern boundary of the site. , Several other tree and shrub species shall be included in the proposed riparian enhancement plantings, including: Valley Oak (Quercus lobata) Coast Live Oak (Quercus agrifolia), California Rose (Rosa californica), and Toyon (Herteromeles arbutif olia). Prior to the planting of any landscape material, the applicant shall have the site's soil tested for planting quality and ability to sustain plant material. If necessary, the applicant shall import planting soil as necessary to sustain the proposed plant material. For proposed trees, the applicant may be required to over-excavate tree planting holes and provide new planting soil within the hole around the root ball of the tree. If necessary based on the soil report, recommendations on soil needs and planting techniques shall be developed by a certified arborist and submitted for review and approval by the Planning Division prior to installation of any plant material. 10. Periodic plantings consisting of annual colors which may be planted in project landscape areas shall be limited to a variety of colors planted or placed in natural appearing arrangements. Rows of flowers in pots which are the same or similar color, or intended to draw undue attention to the site, will not be allowed. Pallets of annual color planrings shall be submitted for review and approval by the Design Review Board as part of the final landscape plans for the project. Planting of annual colors shall be limited to plant materials approved as part of the plant pallets. Off-site landscaping to be planted within the median in Tassajara Ranch Drive and along the east side of Tassajara Ranch Drive shall be subject to final review and approval by the Planning Division prior to installation. The extension of underground irrigation systems, and separate water meters if determined necessary, shall be installed by the applicant and shall be constructed to Town standards. The exact location of the specimen trees to be planted near the southwest comer of the site and south along the east side of Tassajara Ranch Drive shall be determined in the field, with input from interested surrounding homeowners, to maximize the trees' screening effectiveness. The trees to be planted near the southwest corner of the site, intended to help screen the site from view from the south, shall be minimum 36" box size trees. PAGE 8 OF RESOLUTION NO. 98-01 11. Trellis structures to be attached to the convenience store walls shall be constructed of a tubular steel material. D, 12. Additional free-standing trellis stmctures shall be constructed along the project wall to help break-up the appearance of the wall. In addition, fast growing vines shall be planted along the entire stretch of the wall, on both sides of the wall. The design of the wall shall be modified to wrap around the parking stalls (retuming north) near the southwest comer of the site, The location, number, and design of the trellises, design of the wall, and vines shall be submitted for review and approval by the Design Review Board as part of the final landscape plans for the project. ARCHITECTURE All ducts, meters, air conditioning and/or any other mechanical equipment whether on the structure or on the ground shall be effectively screened from view with landscaping or materials architecturally compatible with the main structures. All trash and refuse shall be contained within enclosures architecturally compatible with the project architecture. Enclosure design shall include six foot high masonry walls on three sides with steel framed gates and wood bolted to the gates. Gates will be self-closing and self-latching. Prior to issuance of a building permit, the applicant shall document that all trash/recycling areas are appropriately sized and located. The trash and recycling area(s) shall be covered and bermed so as not to allow storm water mn-off and ran-on from adjacent areas. The area drains for the trash and recycling area(s) shall be connected to the sanitmy sewer, not the storm drain system. The street number for the site shall be posted so as to be easily seen from the street at all times, day and night. 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 design of the mini-mart structure shall be revised to provide a more village- like entry treatment This entry shah include smaller window planes and further detailing of the facade and windows, rather than the floor to ceiling glass facade currently proposed. PAGE 9 OF RESOLUTION NO. 98-01 The applicant shall Complete a master sign program for the project and obtain approval for theprogram.from the Town of Danville. 7. The applicant shall revise the signage proposed on the western and northern frontages on the mini-mart building so that they are in compliance with the sign area standards. 8. The internally illuminated signs on the pump island canopy, the fuel pumps and on the mini-mart structure shall be eliminated or replaced with externally illuminated or non-illuminated signs. The design of the proposed "Granite Monolith" neighborhood entry monuments on both sides of Tassajara Ranch Drive is not approved at this time. The final design of the monuments shall be subject to review and approval by the Planning Division and the Design Review Board prior to placement of the monuments. 10. The proposed hanging "Car Wash Entry" and "Car Wash Exit" signs shall be substantially reduced in size. The final size and design shall be subject to review and approval by the Planning Division prior to issuance of Building Permits for the facility. 11. Exterior spot-lighting for all signs shall be designed to light the sign only, and not create a wash-lighting of the adjacent wall areas. The lighting level shall be subject to review and approval by the Planning Division prior to occupancy of the service station. 12. Overall site lighting intensity shall be substantially consistent with the lighting plan approved as part of this project. Prior to occupancy or use of the service station, an on-site inspection and verification of the light intensity levels shall be conducted. The light intensity survey shall be conducted at the expense of the applicant, in the presence of Town Planning Division staff, to verify compliance with approved lighting intensity levels. 13. Colors and materials for the facility shall be as shown of the color and material board on file with the Planning Division and shown during the public hearing for this item. PARKING All parking spaces shall be striped and provided with wheel stops unless they are fronted by concrete curbs, in which case sufficient areas shall be provided beyond the ends of all parking spaces to accommodate the overhang of automobiles. PAGE 10 OF RESOLUTION NO. 98-01 Where authorized, compact car spaces shall be clearly designated with appropriate pavement marking or signage. Compact spaces shall be no less than 8 feet by 16 feet in size, including allowable overhang. GRADING Any grading on adjacent properties will require prior written approval of those prope~ owners affected. At least one week prior to commencement of grading, the applicant shall post the site and mail to the owners of property within 300 feet of the exterior boundary of the project site, to the homeowner associations of nearby residential projects and to the Town of Danville Development Services Department, a notice that construction work will commence. The notice shall include a list of contact persons with name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be kept current at all times and shall consist of persons with authority to initiate corrective action in their area of responsibility. The names of individuals responsible for dust, noise and litter control shall be expressly identified in the notice. Development shall be completed in compliance with a detailed soils report and the construction grading plans prepared for this project. The engineering recommendations outlined in the project specific soils report shall be incorporated into the design of this project. The report shall include specific recommendations for foundation design of the proposed buildings and shall be subject to review and approval by the Town's Engineering and Planning Divisions. Where soils or geologic conditions encountered in grading operations are different from that anticipated in the soil report, arevised 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. PAGE 11 OF RESOLUTION NO. 98-01 All new development shall be consistent with modern design for resistance to seismic forces. All new development shall be in accordance with the Uniform Building Code and Town of Danville Ordinances. All cut and fill areas shall be appropriately designed to minimize the effects of ground shaking and settlement. Stockpiles of debris, soil, sand or other materials that can be blown by the wind shall be covered. If toxic or contaminated soil is encountered during construction, all construction activity in that area shall cease until the appropriate action is determined and implemented. The concentrations, extent of the contamination and mitigation shall be determined by the Contra Costa County Health Department. Suitable disposal and/or treatment of any contaminated soil shall meet all federal state and local regulations. If deemed appropriate by the Health Department, the applicant shall make provisions for immediate containment of the materials. 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. The applicant shall develop a specific dust control program for the development of this project. The dust control program shall be submitted for review and approval by the City Engineer as part of the improvement plans for the project. STREETS/CIRCULATION 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. Traffm 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. PAGE 12 OF RESOLUTION NO. 98-01 All mud or dirt carded off the construction site onto adjacent streets shall be swept each day. Water flushing of site debris or sediment or concrete washing is expressly prohibited. Any damage to street improvements now existing or done during construction on or adjacent to the subject property shall be repaired to the satisfaction of the City Engineer, at full expense to the applicant. This shall include slurry seal, overlay or street reconstruction if deemed warranted by the City Engineer. All improvements within the public right-of-way, including curb, gutter, sidewalks, driveways, paving and utilities, shall be constructed in accordance with approved standards and/or plans and shall comply with the standard plans and specifications of the Development Services Department and Chapters XII and XXXI of the Town Code. At the time project improvement plans are submitted, the applicant shall supply to the City Engineer an up-to-date title report for the subject property. Handicapped ramps shall be provided and located as required by the City Engineer. Access to Tassajara Ranch Drive shall be limited to right turns out only. No modification(s) to the median island that would allow left tums to or from the site from TassajaraRanch Drive shall be permitted. Appropriate on-site signage shall be installed, subject to the review and approval of the Town Traffic Engineer, indicating the right tum out only restriction. Proposed peak hour turn restrictions approved in Town Council Resolution No. 125-94 at the intersection of Camino Tassajara and Tassajara Ranch Drive are not necessary at this time, based upon the conclusions of the Environmental Impact Report. The Town, however, reserves the right to install the peak hour restrictions at a future date if traffic conditions necessitate imposition of the controls. The existing median within Tassajara Ranch Drive shall be extended north, toward Camino Tassajara, to prevent illegal u-turns on Tassajara Ranch Drive. The design of the median extension shall be subject to review and approval by the City Engineer. The median extension shall be landscape in a manner consistent with the approved plantings for the existing median, subject to review and approval by the Planning Division. The driveway on Tassajara Ranch Drive shall be re-designed to physically discourage right tum in movements from Tassajara Ranch Drive. The final design shall be subject to review and approval by the City Engineer. PAGE 13 OF RESOLUTION NO. 98-01 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. 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). 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 runofffrom public streets shall be installed within a dedicated drainage easement, or public street. The applicant shall furnish proof to the City Engineer of the acquisition of all necessary rights of entry, permits and/or easements for the construction of off-site temporary or permanent road and drainage improvements. Electrical, gas, telephone, and Cable TV services, shall be provided underground in accordance with the Town policies and existing ordinances. All utilities shall be located and provided within public utility easements, sited to meet utility company standards, or in public streets. 8. All new utilities required to serve the development shall be installed underground. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. 10. The fuel dispensing area shah be paved with Portland cement concrete with a 2 percent to 4 percent slope to prevent ponding and shouM be separatedJkom the rest of the site by a grade break that prevents run-on of stormwater. In addition, the entire remaining site shah be paved with Portland cement concrete. This fueling area shall drain to a catchmerit that employs a tiltration device before the fueling area run-off enters the Contra Costa County Central Sanitary District sewer system. This ~Itraaon device shah be selected in conchtsion with and PAGE 14 OF RESOLUTION NO. 98-01 approved by Town staff. Any liquids or spillage within this area shah be "dry" cleaned with absorbent materials, and these materials should be deposited to an approved waste receiving facility. 11. The vacuuming and cleaning area of the site shah be graded and paved to prevent the run-on of storm water. The vacuuming and cleaning area shall drain to the same catchmeat that provides drainage for the fueling area. Any liquids or spillage within this area shall be "dry" cleaned with absorbent materials', and these materials should be deposited to an approved waste receiving facility. ]2. The fuel canopy shall not drain onto the Portland cement concrete fuel dispensing area. 13. Trash enclosures shall be contained so that stormwater can not enter or exit the trash enclosure from adjacent areas. Trash enclosure areas shall drain to sanitary sewers rather than the storm drain system. 14. The operator of the site shah conduct formal site inspections at least three times per year, at least one of which shah be in the month of September, prior to the onset of the rainy season. The site inspection shall include the inspection of the oil absorbent pillows within the stormwater inceptor, and replacement if necessary. The applicant shall report the results of the site inspections to the Town. 15. Storm drain run-offfrom the site shall be directed into the existing 54" storm drain pipe in Tassajara Ranch Drive, rather than directly into Alamo Creek. MISCELLANEOUS The project shall be constructed as approve& 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 over which 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 tbrough 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 fights 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. PAGE 15 OF RESOLUTION NO. 98-01 Pursuant to Government Code section 66474.9, the applicant (including the applicant or any agent thereof) shall defend, indemnify, and hold harmless the Town of Danville and its agents, officers, and employees from any claim, action, or proceeding against the Town or its agents, officers, or employees to attack, set aside, void, or annul, the Town's approval concerning this Development Plan application, which action is brought within the time period provided for in Section 66499.37. The Town will promptly notify the applicant of any such claim, action, or proceeding and cooperate fully in the defense. The 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. The applicant shall consult with representatives of the USFI/VS to determine whether a permit will be required to address potential take of California red- legged frog. If required, appropriate mitigation shall be developed in consultation with and approved by the USFFFS and CDFG to ensure compliance with the J~deral Endangered Species Act. Fertilizers', herbicides, pesticides, or other types' of hazardous materials shall not be used along the creek corridor south of the proposed wall, unless approved by CDFG and WSFWS. PAGE 16 OF RESOLUTION NO. 98-01 APPROVED by the Danville Planning Commission at a Regular Meeting on January 13, 1998, by the following vote: AYES: NOES: ABSTAINED: ABSENT: APPROVED AS TO FORM: Bowlby, Combs, Magliano, Osborn, Moran Hunt, Jameson Chairman pdczl41 PAGE 17 OF RESOLUTION NO. 98-01