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HomeMy WebLinkAbout2000-08RESOLUTION NO. 2000-08 APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND APPROVING MAJOR SUBDIVISION REQUEST SD 8219 APPROVING A FIVE-LOT RESIDENTIAL SUBDIVISION (APN: 206-020-061 - ZIMMERMAN) WHEREAS, Kurt Zimmerman (Owner) and DK Associates (Applicant) have requested approval of a Major Subdivision application to subdivide an 11.40 +/- acre property into five single family residential parcels; and WHEREAS, the subject site is located at 30 Hidden Hills Place and is further identified as Assessor's Parcel Number 206-020-061; and WHEREAS, the Town of Danville Subdivision Ordinance require approval of a Major Subdivision prior to the recordation of the Final Map; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on March 28, 2000; and WHEREAS, a Draft Mitigated Negative Declaration of Environmental Significance has been prepared for the project indicating that, as amended through project revisions or recommended conditions of approval, no significant environmental impacts are expected to be associated with the project; 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 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 approves Major Subdivision request SD 8219 per the conditions contained herein, and makes the following findings in support of this action: 1. The proposed subdivision is in substantial conformance with the goals and policies of the Danville 2010 General Plan. , The proposed subdivision is substantially in conformance with the development standards contained within the Lawrence/Leema Road Specific Plan. , The design of the proposed subdivision is in substantial conformante 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 four new parcels. The density of the subdivision is physically suitable for the proposed density of development. , The design of the proposed subdivision and improvements are not likely to cause substantial environmental damage or subsequently injure fish or wildlife or their habitat since this property is in an area where residential development has previously occurred. , 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 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. A. GENERAL * 1. This approval is for Major Subdivision application SD 8219 allowing for the subdivision of 11.4 acre parcel into five single family residential lots. The site is located at 30 Hidden Hills Place, and is further identified as the Zimmerman Subdivision (APN: 206-020-061). Development shall be substantially as shown PAGE 2 OF RESOLUTION NO. 2000-08 on the project drawings as follows, except as may be modified by conditions contained herein; Vesting Tentative Map labeled "Subdivision 8219 - Vesting Tentative Map - Lands ofK. Zimmerman,' as prepared by DK Associates, dated received by the Planning Division of December 15, 1999. Geotechnical Investigation prepared for Vesting Tentative Map, Subdivision 8219, prepared by Henry Justiniano & Associates, dated July 19, 1999. 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 SCC Regional Fee ($3,272.00), SCC Sub-Regional Fee ($8,888.00), Residential TIP Fee ($8,000.00), Tri-Valley Transportation Fee ($6,104.00), NPDES Fee ($136.00), Park Land In-lieu Fee ($i 1,520.00), Child Care Facilities Fee ($1,340.00), Base Map Revision Fee ($200.00), Excavation Mitigation Fee ($4,280.00), Lawrence Road Benefit District Fee ($77,650.00), fee for the future construction of a downstream detention basin (collected for the City of San Ramon) (currently estimated to be $1,250.00 per lot) and Plan Checking and Inspection Fees. Prior to the issuance of a building permit, whichever occurs first, the applicant shall reimburse the Town for notifying surrounding neighboring residents of the public hearing. The fee shall be $740.25 (329 notices X $0.75 per notice x three notices). Prior to the issuance of grading or building permits, the applicant shall submit written documentation that all requirements of the San Ramon Valley Fire Protection District (SRVFPD) and the San Ramon Valley Unified School District have been, or will be, met to the satisfaction of these respective agencies. The SRVFPD's initial comments on this project are summarized in part in their memorandum dated March 8, 1999. 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 $25.00. In the event that subsurface archeological remains are discovered during any PAGE 3 OF RESOLUTION NO. 2000-08 , 10. 11. 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 working on the job, as found necessary by the Planning Division. The applicant shall provide security fencing, to the satisfaction of the City Engineer and/or the Chief Building Official, around the site during construction of the project. The applicant shall require their contractors and subcontractors to fit all internal combustion engines with mufflers which are in good condition, and to locate stationary noise-generating equipment as far away from existing residences as feasible. A watering program which incorporates the use of a dust suppressant, and which complies with Regulation 2 of the Bay Area Air Quality Management District shall be established and implemented for all on and off-site construction activities. Equipment and human resources for watering all exposed or disturbed soil surfaces shall be supplied on weekends and holidays as well as work days. Dust- producing activities shall be discontinued during high wind periods. 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 PAGE 4 OF RESOLUTION NO. 2000-08 12. 13. 15. 16. 17. 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. 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. Prior to approval of a Building Permit, all projects must conform to the applicable Uniform Building Codes and the California building codes. Planning Division sign-off is required prior to the completion of a Final Building Inspection. This projeot shall comply with all requirements established under the Lawrence/Leema Road Specific Plan. 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. The applicant shall include a disclosure with each home sold within this development which states "This home is within the San Ramon Valley Unified School District. Property owners should consult with the San Ramon Valley Unified School District regarding the designated schools for this development. Due to overcrowing in the district, students may be diverted to schools which are PAGE 5 OF RESOLUTION NO. 2000-08 outside of the immediate area." B. 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, such transformers shall not be located between any street and the front of a building. Any on-site wells and septic systems shall be destroyed in accordance with Contra Costa County Health Services Department - Environmental Health Division regulations. Environmental Health Division permit and inspections for this work shall be obtaine& Development on Lots 1, 2, and 3 shall be consistent with the requirements of the Town's R-40; Single Family Residential District. Development on Lots 4 and 5 shall be consistent with the requirements of the Town's R-100; 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. A scenic easement shall be established over portions of Lots 2, 3, 4, and 5, as shown on the approved tentative map. 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. However, grading necessary for the slide repair, as identified within the geotechnical report for the project, may be completed. The slide repair shall include the re-contouring of the slide area to result in a natural appearance. This area shall also be re-seeded with a natural grass seed mix. Deed notifications shall be recorded with the titles to Lots 2, 3, 4, and 5 which notifies future property owners of the existence of the scenic easements and the limitations imposed under the scenic easements. C. LANDSCAPiNG PAGE 6 OF RESOLUTION NO. 2000-08 Final landscape and irrigation plans (with planting shown at 1 "=20' scale) shall be submitted for review and approval by the Planning Division as part of the individual Development Plan applications for the homes to be built within this subdivision. 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 grovAng condition. Irrigation shall comply with Town of Danville Landscape Ordinance #91-14 and landscape guidelines and shall be designed to avoid runoff and overspray. All trees shall be a minimum of 15 gallon container size. All trees shall be prope~y 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. Unless otherwise authorized by the Planning Division, all new fences within this project shall include 2"x 8" pressure treated kickboards; shall utilize pressure treated Douglas Fire fence posts; and shall use bottom rails and top rails 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). ARCHITECTURE No architecture is approved for construction on the lots created by this subdivision as part of this entitlement. Future development of homes on Lots 1, 3, 4, and 5 shall be subject to review and approval by the Planning Division, Design Review Board, and Planning Commission under individual separate Development Plan applications. The homes shall utilize native vegetation for landscaping, open wire fencing, natural materials, and earth tone colors to help blend the new homes into the natural environment. PAGE 7 OF RESOLUTION NO. 2000-08 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 as part of the Development Plan review process. The homes to be built on Lots 1, 3, 4 and 5 shall have a maximum height of 28 feet (as measured from average finished grade determined by taking the average finished pad elevation for high and low proposed elevations). In addition, any addition to the existing home on Lot 2 shall be limited to the same maximum height restriction. Grading and pad elevations for Lots 4 and 5 shall be subject to review and approval as part of the development plan applications for each lot. The importation of excessive fill to raise the pad elevations substantially above the elevation of Lawrence Road will not be allowed, unless approved as part of the Development Plan review process. Lot 5 may be accessed via a private driveway from Lawrence Road. Lot 4 shall be accessed from Hidden Hills Road. The abutters rights for Lot 4 along the Lawrence Road fromage shall be dedicated to the Town with the recordation of the Final Map for the project. Development of the lots within this subdivision shall consist of individual custom homes which are designed for each lot. Tract or production homes are not allowed. All developmere within this subdivision shall consistent with the requirements of the Town's Scenic Hillside and Major Subdivision Ordinance and the Town's Hillside Design Guidelines. E. GRADING * 1. Any grading on adjacent properties will require prior written approval of those property owners affected. PAGE 8 OF RESOLUTION NO. 2000-08 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 bounda~ 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. Prior to the issuance of building permits for the construction of any new homes within this subdivision, the existing landslide on the site, identified in the Geotechnical Investigation prepared for the site, shall be corrected Development shah be completed in compliance with a detailed Final Soils Report and Construction Grading Plans to be 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 landslide repair, foundation design of the proposed buildings, and shah be subject to review and approval by the Town's Engineering and Planning Divisions. The findings of the geotechnical and soils report is subject to independent third- party review, as deemed necessary by the City Engineer. A licensed Geotechnical Engineer shall be required to review, sign, and stamp the final grading and slide repairplans. Grading shall be required to comply with the Town's Grading Ordinance, and shall be subject to review by the Town's Grading Inspector, prior to approval of the improvement plans. This approval is based on the conch~sions of the preliminary soils and geologic reportprepared for this project and reviewed by the Town and referenced above under Condition of Approval A. l.b. This report includes conclusions related to the location of existing landslides, recommended slide repair and other soils mitigation. Subdivision improvement plans, including slide repair plans, shall be submitted for review and approval by the Town prior to recordation of the Final Map. If the final soils and geotechnical reports prepared for this project result in the necessity for slide repair or soils mitigation measures which are significantly different than the recommended mitigation measures contained within this preliminary geological report, as determined by the City Engineer, this Major Subdivision approval will be null and void Any alternative slide repair designs PAGE 9 OF RESOLUTION NO. 2000-08 will require review and approval by the Planning Commission under a separate Major Subdivision application. All slide repair shall be repaired and regraded in a manner that results in the natural appearance of the hillside. The importation of fill to raise the pad levels of the homes on Lois 4 and 5 substantially above the existing natural grade level pad levels, will not be allowed. 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. 10. 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. 11. 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. 12. All cut and fill areas shall be appropriately designed to minimize the effects of ground shaking and settlement. 13. Stockpiles of debris, soil, sand or other materials that can be blown by the wind shall be covered. 14. 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 PAGE 10 OF RESOLUTION NO. 2000-08 creek. * 15. All grading activity shall address National Pollutant Discharge Elminiation 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). The SWPPP shall supplement the Erosion Control Plan and project improvement plans. These documents shall also be kept on-site while the project is under construction. A NPDES construction permit may be required, as determined by the City Engineer. F. 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. 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 submitred, the applicant shall supply to the City Engineer an up-to-date title report for the subject property. Public streets shall be improved to the standards in/~G.5. above. Private streets shall be improved to public street structural standards. Private street PAGE 11 OF RESOLUTION NO. 2000-08 improvements, and their dimensions, shall be as shown on the project plans identified in Condition of Approval A. 1 .a above and shall conform to Standard Plan 104 a & b. * 7. A satisfactory private road and private storm drain maintenance agreement shall be submitted for approval of the City Attorney prior to any Town Council final approval action. All private road maintenance agreements shall include provisions for regular street sweeping. Hidden Hills Place shall be improved to the satisfaction of the San Ramon Valley Fire Protection District. Improvements may include the installation of grooved concrete or rough asphalt over portions of the road. G. 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 the District. 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 the District 1999. * 3. 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. * 4. 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. * 5. 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. * 6. Any portion of the drainage system that conveys runoff from public streets shall PAGE 12 OF RESOLUTION NO. 2000-08 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. 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. 10. All new utilities required to serve the development shall be installed underground. 11. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. 12. The applicant shall reduce post-development flows to predicted pro-development flow levels at the County line. The project shall under no circumstances result in a peak flow rate in Alamo Creek at the County line greater thm~ the flow restriction of 132.3 cubic meters per second (4670 cfs), when considering ultimate development of the watershed. This flow limit was agreed upon by Alameda and Contra Costa Counties. The applicant shall mitigate this project's increase in peak flow rates within Alamo Creek by implementing one of the following measures: Constructing an on-site detention basin at the down gradient end of the project site to reduce post-development flows to predicted pre- development flow levels at the downstream project boundary and at the County line. The preliminary design of the basin shall be based on results from hydrology modeling which utilizes the CCCFC&WCD model or other hydrology modeling which meets the approval of CCCFC&WCD. Prior to filing the first Final Map, obtain agreements and coordinate with other developments within the Alamo Creek watershed to increase the size and capacity of off-site detention basin(s), as necessary, to reduce this project's post-development flows to predicted pre-development flow levels at the County line. All off-site drainage mitigation in conjunction with any PAGE 13 OF RESOLUTION NO. 2000-08 14. 15. 16. 17. other development within the Alamo Creek watershed shall be subject to the review of the CCCFC&WCD and review and approval of the Public Works Department. OR, Project storm water shall drain to the southem end of the project and discharge into the Lawrence Road drainage system that runs south down Lawrence Road and discharges into Alamo Creek. Increased storm water run-offfrom this project and other development in the Lawrence Road area that will be served by this drainage system will be mitigated by detention facilities downstream of the Lawrence Road area. The applicant shall form a benefit assessment district or annex into an existing benefit assessment district to collect revenue for this project' s fair share cost of maintaining the downstream storm water detention facilities. The existing home on Lot 2, as well as the new homes to be built on Lots 1, 3, 4 & 5, 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. All lots within this subdivision, except Lot 5 if it accesses directly from Lawrence Road, shall be required to participate in the shared maintenance of Hidden Hills Road, and the shared maintenance of shared private storm drain facilities, with other properties which access via Hidden Hills Road. The maintenance agreement shall be submitted for review and approval by the Planning Division prior to recordation of the final map. The five parcels which are created by this subdivision shall agree to the elimination of the existing vehicular gate on Hidden Hills Road. When, through subsequent conditions of approval of future development proposals, a sufficient number of parcels which access from Hidden Hills Road are required to agree to removal of the gate, the gate shall be removed or rendered inoperable. Existing overhead utility lines along this developments Lawrence Road frontage shall be undergrounded at the expense of the developer. The applicant shall be responsible for the construction of a private storm drainage facility, or improvements to existing storm drain facilities on the Hidden Hills Place roadway, to provide for drainage for Lots 1, 2, and 3. Storm water run-off PAGE 14 OF RESOLUTION NO. 2000-08 from Lots 1, 2, and 3 will not be allowed to run down the existing Hidden Hills Place roadway surface. MI S CELLANE OUS * 2. * 3. * 4. * 6. 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 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 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 rights shall be secured prior to Town Council final approval of any subdivision map. All costs associated with such acquisition shall be bome 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 conceming this Major Subdivision 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. Use of a private gated entrance is expressly prohibited. The location, design and number of gang mailbox structures serving the project shall be subject to review and approval by the Design Review Board and the local Postmaster. The proposed project shall conform to the Town=s Stormwater Management and Discharge Control Ordinance (Ord. No. 94-19) and all applicable construction and post-construction Best Management Practices (BMPs) for the site. For example, construction BMPs may include, but are not limited to: the storage and handling of construction materials, street cleaning, proper disposal of wastes and debris, painting, concrete operations, dewatefing operations, pavement operations, PAGE 15 OF RESOLUTION NO. 2000-08 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. Prior to commencement of any site work that will result in a land disturbance of five (5) acres or morn in area, the applicant/owner shall submit evidence to the Town that the requirements for obtaining a State General Construction Permit have been met. Such evidence may be the copy of the Notice of Intent (NOI) sent to the State Water Resources Control Board. Additionally, the applicant/owner shall submit evidence that the requirements for obtaining the U.S. army Corps of engineers 404 Permit, the State Water Resources Control Board's 401 Certification, and the California Department of Fish and game's Streambank Alteration Agreement have been or will be met. Such evidence may be a copy of the permit(s)/agreement and/or a letter from the applicant/owner stating the above permit(s) are not required for the subject project. If the project is over five acres in size, aNotice of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) shall be filed with the Regional Water Quality Control Board and a copy given to the City Engineer prior to commencement of any construction activity. A SWPPP shall be prepared as part of the preparation of project improvement plans. The SWPPP shall supplement the erosion control plan prepared for the project, if one is required. These documents shall also be kept on-site while the project is under construction. As a part of the issuance of a demolition permit and/or building permit for the project, the developer 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 flaming inspection approval for the project, the applicant/owner shall provide the Planning Division with written documentation (e.g., receipts or records) indicating 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. PAGE 16 OF RESOLUTION NO. 2000-08 APPROVED by the Danville Planning Commission at a regular meeting on March 14, 2000, by the following vote: AYES: NOES: ABSTAINED: ABSENT: Combs, Graham, Hunt, Moran, Osborn, Rapp Jameson APPROVED AS TO FORM: Chairman City Attorney PAGE 17 OF RESOLUTION NO. 2000-08