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HomeMy WebLinkAbout2000-01RESOLUTION NO~ 2000-01 RECOMMENDING THAT THE TOWN COUNCIL ADOPT A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND APPROVE PRELIMINARY DEVELOPMENT PLAN - REZONING REQUEST PUD 99-01 AND FINAL DEVELOPMENT PLAN - MAJOR SUBDIVISION REQUEST SD 8283 ALLOWING THE DEVELOPMENT OF A 10-UNIT SINGLE FAMILY RESIDENTIAL DEVELOPMENT WHICH INCLUDE THREE ATTACHED FOR-RENT SECOND DWELLING UNITS (APN:207-050-018 - SYCAMORE OAKS) WHEREAS, Lenox Homes, LLC has requested approval of a Preliminary Development Plan - Rezoning request and Final Development Plan - Major Subdivision request to rezone the site from a P-I; Planned Unit Development District to a new P-1; Planned Unit Development District, and to subdivide the 11.05 +/- acre site to allow development of site into 10 single family lots; and WHEREAS, the subject site is a vacant parcel located south of the intersection of Camino Tassajara and Sycamore Valley Road, and is further identified as Assessor's Parcel Number 207- 050-018; and WHEREAS, the Town of Danville P-l; Planned Unit Development District Ordinance requires approval of a Preliminary Development Plan - Rezoning request prior to the approval of a Final Development Plan - Major Subdivision application; and WHEREAS, the Town of Danville P-I; Planned Unit Development District Ordinance requires approval of a Final Development Plan - Major Subdivision request prior to recordation of the final map; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on January 25, 2000; and WHEREAS, a Mitigated Negative Declaration of Environmental Significance has been prepared for the project indicating that, as modified through project revisions or recommended conditions of approval, no significant environmental impacts are anticipated to be associated with the project; and WHEREAS, the public notice of this action was given in all respects as required by law; and PAGE I OF RESOLUTION NO. 2000-01 WHEREAS, a staff report was submitted recommending that the 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 RESOLVED that the Planning Commission of the Town of Danville recommends the Town Council adopt the Mitigated Negative Declaration of Environmental Significance and approve Preliminary Development Plan - Rezoning request PUD 99-01, and Final Development Plan - Major Subdivision request SD 8283, per the conditions contained herein, and makes the following findings in support of this action: Preliminary Development Plan - Rezoning: The proposed Rezoning will substantially comply with the Danville 2010 General Plan since the proposed use is residential and the General Plan land use designation allows residential uses. The uses authorized or proposed in the land use district are compatible within the district and to uses authorized in adjacent districts. Community need has been demonstrated for the use proposed and the off-site public improvements which will be contributed to by this development. There is no evidence before the Town that the proposed project will have potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends. The proposed Planned Unit Development is in conformance with the Danville 2010 General Plan goals and policies and the Sycamore Valley Specific Plan. The Planned Unit Development will constitute a residential environment of sustained desirability and stability, and will be in harmony with the character of the surrounding existing neighborhood and the ultimate development planned for the subject area. Final Development Plan - Major Subdivision: The proposed subdivision is in substantial conformance with the goals and policies of the Danville 2010 General Plan because the site allows for the development of up to 14 homes and only 10 are being proposed. PAGE 2 OF RESOLUTION NO. 2000-01 The design of the proposed subdivision is in substantial conformance with the applicable zoning regulations because the site is being rezoned to allow development which is consistent with the underlying General Plan land use designation; Residential - Single Family - Low Density (1-3 units per acre) and Public and Open Space - General Open Space. The design of the subdivision and the type of associated improvements will not likely cause serious public health problems because water and sanitary utility services will be available to the 10 new parcels. The density of the subdivision is physically suitable for the subject site and surrounding neighborhood because the density proposed is less that the allowed density for a parcel of this size and as allowed under the 2010 General Plan. 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 because this project will be conditioned to include mitigation measures to ensure the creek improvements proposed for Sycamore Creek would restrict further erosion, and provide bank stabilization, and create other environmental habitat for fish and wildlife. 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 because the proposed development would create new easements for the public to gain access to a proposed trail through the project which currently does not exist. CONDITIONS OF APPROVAL Conditions of approval with an asterisk C*") in the left-hand column are standard project conditions of approval. Conditions of approval typed in italicized text are mitigation measures derived from the Mitigated Negative Declaration of Environmental Significance prepared for the project. Unless otherwise specified, the following conditions shall be complied with prior to the Town Council approval of the initial final map for the project. Each item is subject to review and approval by the Planning Division unless otherwise specified. PAGE 3 OF RESOLUTION NO. 2000-01 A. GENERAL * 1. This approval is for Preliminary Development Plan - Rezoning request PUD 99-01 and Final Development Plan - Major Subdivision request SD 8283, rezoning the site from P-l; Planned Unit Development District to a new P-l; Planned Unit Development District.and subdividing the 11.05 +/- acre site allowing a 10-lot residential development with two remainder open space parcels (Parcel A & B). The site is located on a vacant parcel south of the intersection ofCamino Tassajara and Sycamore Valley Road (APN: 207-050-018). Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; Vesting Tentative Map, Preliminary Grading Plan, Site Sections, Tree Survey Plan, Proposed and Existing Easement, and Sycamore Creek Improvements labeled "Subdivision 8283," as prepared by Aliquot and dated received by the Planning Division on January 20, 2000. Preliminary Landscape Plan labeled "Subdivision 8283," as prepared by Thomas E. Baak & Associates - Landscape Architect and dated received by the Planning Division on Janum-y 4, 2000. C, Site Plan, Architectural Elevations and Floor Plans labeled "Sycamore Oaks," as prepared by Arete, Inc. and dated received by the Planning Division on January 4, 2000. Sycamore Creek Floodway Plan, as prepared by Aliquot and dated January 5, 2000. The applicant shall pay or be subject to any and all Town and other related fees which are applicable due to the development of the site. 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 Child Care Facilities ($3,350), Tri-Valley Transportation Fee ($15,260), NPDES fee ($340), Finish Grading Fee ($500), Contra Costa Flood Control & Water Conservation District fees (Drainage Areas and Mitigation), Plan Checking, and Inspection Fee (Note: Fee amounts shown reflect fee schedule in place as of the date of approval. Actual fee amounts to be paid may be higher, depending on the timing of the recordation of the final map and the issuance of building permits for the project). PAGE 4 OF RESOLUTION NO. 2000-01 This development shah be subject to the Sycamore Valley Assessment District Density Increase Traffic Mitigation Measure J~e for each dwelling unit. This fee shall be based on the current fie schedule in epct at the time the buildingpermits are secured, and shaH be paid by the applicant prior to issuance of said permit and prior to any Town Council final approval action. Prior to the recordation of the initial final map for the project, the applicant shall reimburse to the Town costs incurred to supply project notification to surrounding neighboring residents. The reimbursement shall be $1,062.00, covering the costs associated for three mailed notices sent to 472 addresses. , 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 their memorandum March 30, 1999. Within ten days of the effective date of the rezoning action. the applicant shall submit to the Town of Danville fees required to file a Notice of Determination for this project ($1,250). This check shall be made payable to the Califomia Fish and Game Department. 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 Societyof 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. Unless otherwise authorized by the Town once construction commences, construction activity shall be restricted to weekdays between the hours of 7:30 a.m. and 5:30 p.m. Deviation from the work hour restrictions must be 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 sign with minimum PAGE 5 OF RESOLUTION NO. 2000-01 dimensions of 4' x 4' 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 appropriate/necessary 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. 10. The applicant shall require their contractors and subcontractors to fit all internal combustion engines with mufflers which are in good condition, and to locate stationary noise-generating equipment as far away from existing residences as feasible. 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. Depending on the effectiveness of these dust control measures, the applicant may be required to wash the existing adjacent housing units which front Messian Place, to be determined by the Planning Division. 12. All physical improvements shall be in place prior to occupancy of any structure in the project. If occupancy within the project is requested to occur in phases, all physical improvements shall be required to be in place prior to occupancy except for items specifically excluded in a construction-phases occupancy plan approved by the Planning Division. No structure shall be occupied until construction activity in the adjoining area is complete and the area is safe, accessible, provided with all reasonably expected services and amenities, and appropriately separated from remaining additional construction activity. A temporary vehicular tumaround shall be provided at the end of the completed section of loop roadway to allow separation of resident traffic and construction traffic. 13. As part of the initial submittal for the grading permit plan check, the final map plan check, the improvement plans plan check and the building permit plan check, the applicant shall submit a written compliance report detailing the status of compliance with project conditions of approval. This report shall list each condition of approval followed by a description of what the applicant has provided PAGE 6 OF RESOLUTION NO. 2000-01 as evidence of compliance with that condition. The report shall be signed by the applicant. The report is subject to review and approval by the City Engineer, the Chief of Planning, or the Chief Building Official, as applicable, and may be rejected by the Town if it is not compliant with the conditions of approval. 14. The applicant shall create a construction staging plan which addresses the ingress and egress location for all construction vehicles, parking and material storage area. This plan shall be reviewed and approved by the Chief of Planning prior to the issuance of a grading permit~ 15. Planning Division sign-off is required prior to the completion of a Final Building Inspection. B. SITE PLANNING * 1. 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 permits and inspections for this work shall be obtained. The rear yard fence for Lots 1-7 shall be located one and one half feet inside the top of the slope on the rear yard property line. The slope area on the outside of the fenced-in rear yard area shall be placed into a separate parcel, which shall be owned and maintained by the project's homeowners' association. This separate parcel shall be reflected on the final map for the project. , The architectural soundwall to be located along the Camino Tassajara frontage shall be designed as the standard "Sycamore Valley" wall. The wall shall step down one or two blocks in height, as necessary from east to west, similar to the wall design adjacent to the Standard Pacific development directly to the east. In addition, the Camino Tassajara sound wall shall include a pedestrian walkway opening along the Camino Tassajara for public access to Camino Tassajara which shall also step down to the entrance opening. The ongoing maintenance of the architectural soundwall shall be by the established homeowners' association for the project. A public access easement shall be recorded over the full length of the creek trail to be developed as part of this project. 5. Development of the site shall comply with all zoning standards contained within PAGE 7 OF RESOLUTION NO. 2000-01 the R-10 Single Family Zoning District, except for building height, with all units in this project being limited to a maximum building height of 28 feet. Land uses and conditional uses shall also be consistent with the uses outlined in the Single Family Residential District section of the Danville Municipal Code. As specified in the Public Facilities and Utilities section of the Townwide Trails Master Plan, pedestrian improvements are to be supplied within the project site. The improvements shall include: landscaped public access trail improvements along the north bank of the Sycamore Creek along and the west property line. , The property owner shah secure ag necessary permits J?om the U.S. Army Corps of Engineers, U.S. Fish and VFildli~ Department, California Department of Fish and Game, the San Francisco Regional Water Quality Control Board, and the Contra Costa County Flood Control and Water Conservation District for improvements proposed for Sycamore Creek. Further, the property owner shall be re~7~orts'ible for any future mitigation measures imposed by these jurisdictions and the Town of Danville related to impacts to wetland areas and/or endangered species. Documentation of compliance shall be submitted to the Town prior to recordation of the final map. The property owner shah contract for the services of a biologist to conduct a pre- construction survey for endangered species nests prior to the issuance of a gradingpermit for construction activities near or within Sycamore Creek. The applicant shall be required to comply with any and aH recommendations to minimize impacts to the satisfaction of the Town. C. LANDSCAPING * 1. 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. This plan shall be subject to review and approval Town's Landscape Architect and the Planning Division prior to the issuance of a building permit. 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 PAGE 8 OF RESOLUTION NO, 2000-01 10. 11. 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. An average of two street trees per lot (not counting "small accent trees") shall be incorporated into the final landscape and irrigation plan for the project~ The trail maintenance easement offered to the Town shall include portions of the trail which shall be maintained by the Town of Danville. Proposed trail easements typically include an additional five feet on both sides of the trail width for maintenance purpose. This plan shall be subject to review and approval Town's Landscape Architect and the Planning Division prior to the recordation of the final map. The back flow preventor proposed for the common landscaping along Camino Tassajara shall be relocated away from the roadway and shall be placed against the soundwall and screened from view. The final landscape plans shall include landscaping for the portion of the project site which abuts Sycamore Valley Road on the north side of Sycamore Creek between the CCCFC&WCD's property and the EBMUD's property. All new fences within this project shall utilize 2"x 8" pressure treated kickboards and pressure treated fence pests. 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 fence boards, rather than using dadoed 2"x 4" top and bottom rails. The landscaped area between the trail and the rear yard property lines of Lots 1-8 shall be maintained by the project's homeowners' association for a period of three growing seasons for vegetation to become established. All common area, front yard, and frontage landscaping and project fencing shall be installed by the applicant. Landscaping for individual lots shall be installed within 90 days of occupancy of the respective lots. PAGE 9 OF RESOLUTION NO. 2000-01 12. 13. 14. 15. 16. The applicant shah be responsible to take all reasonable efforts, as determined by the Town, to preserve trees identified within the Joseph McNeil Tree Report, "Preliminary Tree Survey '. A certified Arborist shall establish tree preservation guidelines for this site that shall be incorporated into the detailed site development plans. Protection methods shall include, but not be limited to, use of protective fencing and hand digging around tree roots where creek improvements are proposed The tree-specific preservation guidelines for those existing protected trees to be retaiued within the project shah be incorporated into the detailed site development plans. This plan shall be submitted to the Planning Division for review and approval prior to the issuance of a grading permit. A certified Arborist shah review the detailed site development plans prior to commencement of any construction activity. A written reportJ?om the Arborist shah be prepared and submitted to the Town addressing the adequacy of the plans relative to the incorporation of identified tree-specific preservation guidelines. Removal of any trees within the creek area will be allowed only upon prior written approval from the Planning Division. As a guarantee of the preservation of the protected trees (identified in fie Joseph McNeil A rborist Report dated February 26, 1999), a cash deposit shall be posted on a per tree basis as required by the Town~ Tree Protection Ordinance. For trees located within the identified creek improvement and commonly owned areas, the Town shah retain the deposit for a period of two fitH growing seasons after completion of site development activity. The deposit will be returned upon verification of the trees' continued good health. If it is determined by the Town after extensive review of the creek improvements that the trees #9719, #9796, #9797, #9706 and Town protected Valley oak tree #9720, as identified in the tree survey, need to be removed, then the trees shall be replaced as a 3:1 ratio with minimum 15-gallon in size trees, and the species type shall be determined by the Town of Danville. The Town shall inspect the irrigation system and planting installation for the areas ultimately being maintained by the Town (i.e. the publicly maintained landscape areas) during the construction process, The applicant is responsible to coordinate with the Town to assure that site inspections will be conducted on a regular basis as construction work progresses. Completion and acceptance of landscape and irrigation improvements in publicly maintained landscaped areas by the Town shall be a component of project work acceptance. With project work acceptance, a one year plant establishment period PAGE 10 OF RESOLUTION NO. 2000-01 17. 18. 20. will begin. For twelve consecutive months after project work acceptance or until the project is completed to the satisfaction of the Town, the project owner shall maintain the publicly maintained landscape areas in good condition. Maintenance requirements will include adequate watering, fertilizing, replacing unsuitable plants or irrigation systems components, controlling weeds, rodents and pests, removing debris and other work determined by the Town to be necessary to insure establishment of plants. Inspections will be made quarterly. At the end of the plant establishment period the publicly maintained landscape areas, landscape improvements will be inspected for final acceptance by the Town. With satisfactory completion of the plant establishment period as determined by the Town, and upon receipt of a reproducible set of as built irrigation plans, appropriate equipment manuals and keys, the Town shall assume maintenance of the landscape and irrigation improvements of the publicly maintained landscape areas provided that the following items have been addressed: Project shall be maintained weed flee prior to acceptance. Any missing or dead trees, shrubs and groundcover shall be replaced. Upon completion of the irrigation work the contractor shall schedule a pre- final irrigation operations inspection. The applicant shall comply with the following irrigation standards for the publicly maintained landscaped areas: Provide the Town with the computation of square footage of irrigated areas. A color-coded plastic laminated copy of as-built irrigation plans (reduced to 8-1/2" x 11') shall be located inside irrigation controller enclosure. Install a separate water meter, backflow prevention device and irrigation controller with power source for areas to be maintained by the Town of Danville. The following is a preferred list of irrigation parts: Rainmaster controller Remote control valves - Rainbird EFB-CP series Sprinklers - Toro 570p, 12" pop-ups, Quick coupler valves - Rainbird 33DNP, non-potable Tree bubblers - 1400 series, pressure compensating full circle bubblers, installed on flexible PVC risers PAGE 11 OF RESOLUTION NO. 2000-01 D. ARCHITECTURE * 1. 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 palette 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. If signing for the development is desired, in addition to any signs approved as part of this application, a comprehensive sign program shall be submitted to the Town for consideration under a separate application. Colors and materials for the project shall be substantially consistent with the color and material boards prepared for the project, as prepared by Arete, Inc., on file with the Planning Division and as displayed at the public hearings for this item. Project colors shall be field-reviewed through the provision of a mock-up for review by the Design Review Board prior to occupancy of the first unit. Project Covenants, Conditions and Restrictions (CC&Rs) shall include the requirement for the formation of an architectural review committee which shall have design review authority over: repainting; re-roofing; changes to front yard or street side yard landscaping; accessory structures in the rear yard or side yard; any additions or modifications to approved project architecture. The applicant shall develop a final plotting plan for review and approval by the Planning Division prior to issuance of building permits for the project. The units shall be plotted to maximize the variety of unit types and elevations throughout the development. PAGE 12 OF RESOLUTION NO. 2000-01 PARKING Regulatory signage/curb painting for the roadway shall be provided, if deemed necessary, to the satisfaction of the San Ramon Valley Fire Protection District and the City Engineer. , Project CC&Rs shall include a requirement that all garages in the development be maintained to allow the parking of a minimum of two vehicles. CC&Rs shall provide a mechanism allowing the homeowners' association to fine homeowners who are in violation of this requirement. 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 homeowners' 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, 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. PAGE 13 OF RESOLUTION NO. 2000-01 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 (i.e. May through October) and, if construction does occur during the rainy season, the applicant 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 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. The final pad elevations for the lots within this development, to be depicted on the final improvement plan and final grading plan for the project, may not deviate more than one-foot from the elevations shown on the approved tentative map for the project. PAGE 14 OF RESOLUTION NO. 2000-01 G. CREEK IMPROVEMENTS The property owner/applicant shall fulfill all of Contra Costa County Flood Control & Water Conservation District's (CCCFC&WCD) conditions (or requirements, as a result of findings within the prepared "Sycamore Creek Floodway Plan", prepared by Aliquot Associates, dated January 5, 2000), as stated in the letter dated December 28, 1999, November 9, 1999, August 9, 1999 and June 22, 1999 as determined necessary by the City Engineer, prior to recordation of the Final Map. The three existing landslides identified by CCCF&WCD's December 28, 1999 letter, shall be addressed in a landslide repair plan, which shall be prepared and stamped by a geotechnical engineer. The Town of Danville anticipates the need for soldier piles to stabilize any existing slides. The final geotechnical report prepared for this project shall identify the potential for geologic hazards and provide recommendations as required. This report shall be submitted to the Town for review and approval by the City Engineer. Where significant grading occurs at the toe of slope, a slope stability analysis shall be conducted by a licensed geotechnical engineer. The applicant shall be responsible to take all reasonable efforts, as determined by the Town, to incorporate bioengineering design to the creek improvements as determined feasible by the City Engineer. These plans shall be reviewed by a bioengineer and a geomorphologist prior to the recordation of the Final Map. H. STREETS * 1. 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. PAGE 15 OF RESOLUTION NO. 2000-01 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. 6. Handicapped ramps shall be provided and located as required by the City Engineer. A satisfactory private storm drain maintenance agreement shall be submitted for approval of the City Attorney prior to any Town Council final approval action. INFRASTRUCTURE Domestic water supply shall be from an existing public water system. Water supply service shall be from the East Bay Municipal Utility District water system in accordance with the requirements of the district. All wastewater shall be disposed into an existing sewer system. Sewer disposal service shall be from the Central Contra Costa Sanitary District sewer system in accordance with the requirements of the District. Drainage facilities and easements shall be provided to the satisfaction of the City Engineer and/or the Chief Engineer of the Contra Costa County Flood Control & Water Conservation District. All 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. PAGE 16 OF RESOLUTION NO. 2000-01 Roof drainage from structures shall be collected via a closed pipe and conveyed to an approved storm drainage facility in the street curb. No concentrated drainage shall be permitted to surface flow across sidewalks. Any portion of the drainage system that conveys runoff from public streets shall be installed within a dedicated drainage easement, or public street~ If a storm drain must cross a lot, or be in an easement between lots, the easement shall be equal to or at least double the depth of the storm drain. 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, and shall be installed underground. 10. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. 11. An overland drainage release and appropriate easements are required at the low spot of the subdivision. MISCELLANEOUS The project shall be constructed as approved. Minor modifications in the design, but not the use, may be approved by the Development Services Department. 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 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 PAGE 17 OF RESOLUTION NO. 2000-01 shall be borne by the applicant. -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 application, which action is brought within the time period provided for in Section 66499.37. The Town will promptly notify the applicant of any such claim, action, or proceeding and cooperate fully in the defense. The project homeowners' association, through project-specific covenants, conditions and restrictions (CC&Rs), shall be responsible for maintenance of all common landscape areas, common fencing, 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. The Town shall be made a third party beneficiary as to the sections of the CC&Rs which address applicable conditions included in the project conditions of approval. The applicant may request an alternative mechanism rather than a homeowners' association for the project. The alternative may be acceptable to the Town if it is determined as effective as an established homeowners' association and demonstrates that Parcel A would be permanently maintained. This altemative shall be submitted to the Town for review and is subject to approval by the Town prior to the recordation of the final map. The project homeowners' through project specific covenants, conditions, and restrictions (CC&Rs) shall be responsible for maintenance of the landscaping between the public trail/access road and the rear property lines of lots 1-7 on Parcel A and all open space areas within Parcel A. 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 Planning Division and the local Postmaster. A separate mail box and address shall be assigned to the three single family homes which include second dwelling units. 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, PAGE 18 OF RESOLUTION NO. 2000-01 11. 12. 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, de-watering operations, pavement operations, vehicle/equipment cleaning, maintenance and fueling and stabilization of construction entrances. Training of contractors on BMPs for construction activities is a requirement of this permit. At the discretion of the City Engineer, a Storm Water Pollution Prevention Plan (SWPPP) may be required for projects under five acres. Consistent with the requirements of the Town's Inclusionmy Housing Ordinance, this development shall be required to incorporate second dwelling units into three of the ten housing units built within this subdivision (tentatively set to be Lots 2, 5, and 10). If rented, these units shall be rented to a qualifying household at an affordable rate as defined by the Town's Inclusionmy Housing Ordinance. The applicant shall enter into a formal agreement with the Town which specifies the maximum income of the renters and regulated the terms of occupancy. This agreement shall be subject to review and approval by the Danville Town Council prior to recordation of the Final Map for the project. All other aspects of the for-rent below market rate second units shall comply with Section 32-73.16. As a part of the issuance of a demolition permit and/or building permit for the project, the applicant shall submit a recycling plan for building and construction materials and the disposition of green waste generated from land clearing on the site. Prior to obtaining framing inspection approval for the project, the applicant/owner shall provide the Planning Division with written documentation (e.g. receipts or records) indicting that waste materials created from the demolition of existing buildings and the construction of new buildings were/are being recycled according to their recycling plan, or in an equivalent manner. An access and maintenance road easement shall be offered to the CCCFC&WCD over the portions of the parcels identified by the district as areas which are required for creek maintenance. The applicant shall work with the CCCFC&WCD to establish required easement boundaries and shall identify the easement on the final map prior to recordation of the final map. PAGE 19 OF RESOLUTION NO. 2000-01 APPROVED by the Danville Planning Commission at a regular meeting on January 25, 2000 by the following vote: AYES: NOES: ABSTAINED: - ABSENT: Rapp APPROVED AS TO FORM: Combs, Graham, Hunt, Jameson, Moran, Osborn Chairman City Attorney Chief of Pla/in~ PAGE 20 OF RESOLUTION NO. 2000-01