HomeMy WebLinkAbout99-33RESOLUTION NOo 99-33
RECOMMENDING TItAT THE TOWN COUNCIL APPROVE A NEGATIVE
DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND
PRELIMINARY DEVELOPMENT PLAN - REZONING REQUEST
PUD 99-03 AND FINAL DEVELOPMENT PLAN - MAJOR
SUBDIVISION REQUEST SD 8308 ALLOWING A
FIVE LOT RESIDENTIAL DEVELOPMENT
(APN: 206-020-049 - DENOVA, INC.)
WHEREAS, Denova Homes, Inc. (APPLICANT) and Mel Senna (OWNER) have requested
approval of a Preliminary Development Plan - Rezoning request PUD 99-03 and Final
Development Plan - Major Subdivision request SD 8308 to rezone a portion of 5.2 +/- acre site
from P- 1; Planned Unit Development District to a new P- 1; Planned Unit Development District
and to rezone the remainder of the site from A-2; General Agricultural District to P-l; Planned
Unit Development District and to subdivde the site into five single family residential lots on a 5.2
+/- acre site; and
WHEREAS, the subject site is located at 1230 Lawrence Road and is further identified as
Assessor's Parcel Number 206-020-049; and
WHEREAS, the Town of Danville P-l; Planned Unit Development District requires approval
of a Preliminary Development Plan - Rezoning request prior to approval of a Final Development
Plan - Maj or Subdivision request and the approval of a Final Development Plan request 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
December 14, 1999; 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
WBEREAS, the Planning Commission did hear and consider all reports, recommendations, and
testimony submitted in writing and presented at the hearing; now, therefore, be it
RESOLVED that the Planning Commission of the Town of Danville recommends the grant of
a Negative Declaration of Environmental Significance and approval of the Preliminary
Development Plan - Rezoning request PUD 99-03 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/he Town of Danville recommends the approval
of the Final Development Plan - Major Subdivision request SD 8308 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 five new lots.
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
PAGE 2 OF RESOLUTION NO. 99-33
,
since this property is in an area where residential development has previously occurred.
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 Preliminary Development Plan - Rezoning request PUD 99-03
and Final Development Plan - Major Subdivision request SD 8308 to rezone a
portion of the property from P-l; Planned Unit Development District to a new P-l;
Planned Unit Development and the remainder of the site from A-2; General
Agricultural District to P-1; Planned Unit Development District and to subdivide
the property to create five residential lots on a 5.2 +/- acre parcel. The site is
identified as 1230 Lawrence Road (APN: 206-020-049). 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 "Vesting Tentative Map Denova Homes - Subdivision 8308,"
as prepared by J. E. Schuricht & Associates, dated received by the Planning
Division on December 8, 1999.
Area Plan and Site Sections, consisting of one sheet, labeled "Pad Cross
Sections," as prepared by J. E. Schuricht & Associates, dated received by the
Planning Division on December 8, 1999.
Preliminary Landscape Plan labeled "Denova Homes," as prepared by James
Swanson, Landscape Architect, dated received on December 8, 1999.
,
The applicant shall pay all Town and other related fees that the property is 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 SCC Sub-Regional fee ($113 10.00), SCC Regional fee
PAGE 3 OF RESOLUTION NO. 99-33
,
,
($4,090.00), Park Land In-lieu fee ($11,520.00), Child Care Facilities fee
($1,675.00), Residential TIP fee ($10,000.00), Tri-Valley Transportation fee
($7,630.00), Lawrence Road Benefit District fee ($65,000.00), Flood Control &
Water Conservation District (Drainage Areas and Mitigation), Plan Checking, and
Inspection 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 aNotice
of Determination for this project. This fee shall be $50.00.
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 Califomia 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. Prior to any construction work
on the site, including grading, the applicant shall install a minimum 3' x 3' sign at the
project entry which specifies the allowable construction work days and hours, and lists
the name and contact person for the overall project manager and all contractors and
sub-contractors as found necessary/appropriate by the Town.
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 intemal
combustion engines with mufflers which are in good condition, and to locate
stationary noise-generating equipment as far away from existing residences as
feasible.
PAGE 4 OF RESOLUTION NO. 99-33
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.
As part of the initial submittal for the final map, plan check, and/or building permit
review process (whichever occurs first), the applicant shall submit a written
Compliance Report detailing how the conditions of approval for this project has
been complied with. 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 must be signed by the applicant. The report is subject
to review and approval by the City Engineer and/or Chief of Planning and/or Chief
Building Official, and may be rejected by the Town if it is not comprehensive with
respect to the applicable conditions of approval.
12.
This project shall comply with all requirements established under the
Lawrence/Leema Road Specific Plan.
13.
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:
IMPORTANT: BUYER NOTIFICATION
This property is located in a historically rural area with existing rural and
agricultural uses. Any inconvenience or discomfort from properly conducted
agricultural operations, including noise, odors, dust, and chemicals, will not be
deemed a nuisance.
14.
The applicant shall include a disclosure with each home sold within this
PAGE 5 OF RESOLUTION NO. 99-33
B,
development which states "This home is within the San Ramon Valley Unified
School District. The designated schools for the subject project are Montair
Elementry, Los Cerros Middle, and Monte Vista High Schools. Due to
overcrowing in the district, students may be diverted to other schools."
15.
Prior to the issuance of a grading or building permit, whichever occurs first, the
applicant shall reimburse the Town for notifying surrounding neighboring residents
of the public hearing. The fee shall be $ 510.75 ( 681 notices x $0.75 per notice).
16.
All projects must conform to the applicable Uniform Building Codes and the
California building codes.
17.
Planning Division sign-off is required prior to the completion of a Final Building
Inspection.
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 fights-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, sueh 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 the lots created by this subdivision shall be as established
under Town=s R-15; 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 19.5 foot open space strip along the project interior street and along Culet Ranch
Road shall be created as a separate parcel. Alternatively, if a homeowners'
association is not formed, a maintenance easement shall be established over this area.
In addition, a public access easement shall be recorded over the entirety of this open
space strip. In addition, language shall be developed to be recorded as a deed
notification for all lots within this subdivision which describes that the open space
PAGE 6 OF RESOLUTION NO. 99-33
strip is 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 owners' expense. This language shall be
submitted for review and approval by the City Attorney prior to recordation of the
final map.
A scenic easement shall be established over the portion of Lot 3 above the 735 foot
elevation contour line. This area shall be required to be maintained in a natural
appearing state. No construction of structures, grading, or planting of formal
landscaping will be allowed in this area.
Lot 3 shall not be allowed to be re-subdivided in the future. A deed restriction shall
be recorded to run with the property which sets forth this restriction.
LANDSCAPING
Final landscape and irrigation plans (with planting shown at 1"=20' scale) shall be
submitted for review and approval by the Planning Division and the Design Review
Board. The plan shall include common names of all plant materials and shall indicate
the size that various plant materials will achieve within a five year period of time.
All plant material shall be served by 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).
A mechanism for the joint common maintenance of the open space strip shall be
established prior to recordation of the parcel map. If feasible, a homeowners=
association shall be formed for this project, or this project shall merge with an existing
PAGE 7 OF RESOLUTION NO. 99-33
10.
11.
12.
13.
homeowners= association in the area. Altematively, a maintenance agreement for the
common maintenance of the open space strip may be created if a homeowners'
association is found not to be feasible.
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 Planning Division 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 in the area. The sidewalk within the open space
strip shall run parallel with the inside edge of the open space strip, adjacent to the low
split rail fence. Landscaping for the open space strip within the interior of the project
shall consist primarily of tuff and street trees to maximize the usability of the area.
The open space strip adjacent to Culet Ranch drive shall include street trees and low
ground cover.
The plantings and irrigation for the landscaped area within the open space strip shall
be installed by the developer prior to occupancy.
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 altematives shall be submitted
for review and approval by the Planning Division and the Town' s Design Review
Board prior to issuance of building permits for the project. Home buyers shall be
offered the option to buy one of the a landscape altematives to be installed by the
developer.
All front yard landscaping shall be installed within six months of completion of the
unit or within six months of occupancy by the homeowner, whichever comes first.
The CC&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.
The driveway aprons within the open space strip shall be constructed with grass.
The exact design of the driveway apron within the open space strip shall be subject
to review and approval by the Planning Commission as part of the review of the
final Development Plan for the project. The intent is to minimize the amount of
concrete within the open space area.
The split rail fencing, to be constructed along the back edge of the open space strip
shall be treated with a natural color stain treatment rather than painted white.
All new fences within this project shall include 2"x 8" pressure treated kickboards and
shall utilize pressure treated Douglas Fire fence posts. In addition, the bottom rail and
top rail shall be constructed of 2"x 4" boards with l"x 1" nailers on each side of the
PAGE 8 OF RESOLUTION NO. 99-33
D,
fence boards, rather than using dadoed 2"x 4" top and bottom rails.
14. The applicant shall be responsible for the relocation of the existing fence along the
parcel' s east property line so that it is correctly located on the property line.
ARCHITECTURE
F,
No architecture is approved for construction on the lots created by this subdivision
as part of this permit. Architecture for the homes to be built on the lots within this
subdivision shall be submitted for review and approval by the Planning
Commission under a separate Development Plan application.
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.
PARK1NG
Project CC&R=s 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.
Eight foot deep parking bays shall be incorporated into the street design for the
interior street, similar to the development to the north, Lawrence Estates II. The final
design of the parking bays within this project shall be subject to review and approval
by the Planning Division as part of the review of the improvement plans for this
project. The parking bays shall be designed to maximize on street parking and to
easily accommodate street sweeping equipment.
GRADING
Any grading on adjacent properties will require prior written approval of those
properly 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
PAGE 9 OF RESOLUTION NO. 99-33
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 currant
at all times and shall consist of persons with authority to initiate corrective action
in their area of responsibility. The names of individuals responsible for dust, noise
and litter control shall be expressly identified in the notice.
Development shall be completed in compliance with a detailed soils report and the
construction grading plans prepared for this project. The engineering
recommendations outlined in the project specific soils report shall be incorporated
into the design of this project. The report shall include specific recommendations
for foundation design of the proposed buildings and shall be subject to review and
approval by the Town's Engineering and Planning Divisions.
Where soils or geologic conditions encountered in grading operations are different
from that anticipated in the soil report, a revised soils report shall be submitted for
review and approval by the City Engineer. It shall be accompanied by an
engineering and geological opinion as to the safety of the site from settlement and
seismic activity.
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
PAGE 10 OF RESOLUTION NO. 99-33
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.
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) concems. 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). ANPDES construction permit may be required, as determined by
the City Engineer.
11.
All retaining walls shall be constructed to be wholly contained within individual lots
and maintained by either the property owner or the homeowners' association, if a
homeowners' association is required.
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 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, ove~ay 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 11 OF RESOLUTION NO. 99-33
6. 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.
Culet Ranch Road improvements along the frontage of this property shall be built to
public standards as follows:
Culet Ranch Road shall be improved as a minimum 30 foot wide public street
with parking restricted to one side only.
This subdivision shall be responsible for the un-constmcted southerly portion
of the roadway improvements including, curb and gutter and pavement.
A 5-foot Public Utility Easement shall be offered for dedication abutting the
southerly Culet Ranch Road right-of-way.
10.
The project interior street shall be improved as substantially shown on Tentative
Map road section labeled "Typical Street Section" and in the following way:
The right-of-way shall vary between 28 feet (two lanes of travel only) to 36
feet (two lanes of travel plus parking bay). In some instances, the entire width
of the right-of-way may be 44 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.
11. The proposed storm drain system shall be a public system.
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 &
PAGE 12 OF RESOLUTION NO. 99-33
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.
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.
PAGE 13 OF RESOLUTION NO. 99-33
11. All new utilities required to serve the development shall be installed underground.
12.
All street, drainage or grading improvement plans shall be prepared by a licensed
civil engineer.
13.
A Storm Water Pollution Prevention Plan (SWPPP) shall be prepared as pan 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.
14.
The existing home on Lot 5, as well as the new homes to be built on Lots 1-4, shall
connect to public water and sewer facilities and pay the Lawrence Road Benefit
District fee~ Connection to water and sewer shall be guaranteed through the
subdivision improvement agreement 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 fights 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 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.
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.
4. 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.
/,--- * 6. The proposed project shall conform to the Town=s Stormwater Management and
PAGE 14 OF RESOLUTION NO. 99-33
* 7.
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.
A Notice of Intent CNOI) 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 ofthe preparation ofproject 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.
APPROVED by the Danville Planning Commission at a regular meeting on December 14, 1999
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Combs, Hunt, Jameson, Moran, Osborn, Rapp
Graham
Chairman
APPROVED AS TO FORM:
City Attorney )
Chief of Pla~
PAGE 15 OF RESOLUTION NO. 99-33