HomeMy WebLinkAbout2001-40RESOLUTION NO. 2001-40
RECOMMENDING THAT THE TOWN COUNCIL ADOPT A MITIGATED
NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND
APPROVE PRELIMINARY DEVELOPMENT PLAN - REZONING REQUEST
PUD 99-04 AND FINAL DEVELOPMENT PLAN - MAJOR SUBDIVISION
REQUEST SD 8389 ALLOWING THE DEVELOPMENT OF A 23-UNIT SINGLE
FAMILY RESIDENTIAL DEVELOPMENT
(APNs: 207-061-011 ptn.,-012,-013 and '014- TASSAJARA LANE)
WHEREAS, Braddock and Logan Group has requested approval of a Preliminary
Development Plan - Rezoning request and a Final Development Plan - Major Subdivision
request to rezone a 26.73 +/- acre site from a P-l; Planned Unit Development District to a
new P-1; Planned Unit Development District, and to subdivide the site to allow development
of 24 single family lots; and
WHEREAS, the subject site portrayed on the developer's submittal is located at 2470 &
2480 Tassajara Lane and is further identified as Assessor's Parcel Numbers 207-061-012, -
013, -014 and a portion of-011 (6.92+/- acres); and
WHEREAS, the Town of Danville P~I; 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 Staff Study dated November 13, 2001, incorporated herein as Exhibit 1,
recommended several modifications to the applicant's request, including the reduction of the
total number of lots in the project to 23 lots and the inclusion of an additional 6.92+/- acre
portion of APN 207-061-011 (the Gross property) to the project area, resulting in an adjusted
project area of 26.73+/- acres; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing on
November 13, 2001; 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
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 99-04 and Final
Development Plan - Major Subdivision request SD 8283, as modified by the Staff Study
dated November 13, 2001, incorporated herein as Exhibit 1, per the following conditions,
and makes the following findings in support of this recommendation:
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.
4
The proposed Planned Unit Development is in conformance with the Danville 2010
General Plan goals and policies and the intent and direction of the previously
approved 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, in part, the site allows for residential
development of up to one unit per acre of developable land area.
The design of the proposed subdivision is in substantial conformance with the
applicable zoning regulations because the site is being rezoned to a Planned Unit
Development District designation that will direct development to be consistent with
the site's underlying General Plan land use designation (i.e., Residential - Country
Estates - one unit per acre allowable density).
PAGE 2 OF RESOLUTION NO. 2001-40
The design of the subdivision and the type of associated improvements will not likely
cause serious public health problems because, in part, the project development will
allow the introduction of water, sanitary and storm water service to the area, will
result in substantial improvement of vehicular access and circulation for the area, will
involve substantial soil and geotechnical improvements that will serve to reduce
existing hazards.
The density of the subdivision is physically suitable for the subject site and
surrounding neighborhood and is consistent with allowable density standards as
allowed for this site under the Danville 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 in the area of Sycamore Creek will limit
further erosion, provide bank stabilization, and protect 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.
CONDI~ONSOFAPPROVAL
Conditions of approval with an asterisk ("*") 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
This approval is for Preliminary Development Plan - Rezoning request PUD
99-04 and Final Development Plan - Major Subdivision request SD 8389,
rezoning 26.73+/- acres from a P-l; Planned Unit Development District to a
new P-l; Planned Unit Development District and allowing a single-family
residential development consisting of a maximum of 23 units, substantially as
detailed on the staff study dated November 13, 2001 for the project.
PAGE 3 OF RESOLUTION NO. 2001-40
Development shall be substantially as shown on the project drawings as
follows, except as may be modified by conditions contained herein;
Vesting Tentative Map, consisting of two sheets, as prepared by dk
Associates and dated received by the Planning Division on March 30,
2001.
Geotechnical Reports entitled "Preliminary Geotechnical Exploration
Tassajara Lane Danville, CA," as prepared by Engeo Incorporated,
dated November 24, 1999, January 10, 2000 and May 16, 2001 and the
Supplemental Geotechnical Exploration report dated February 19,
2002.
3rd Party Geotechnical Review letters by Berlogar Geotechnical
Consultants dated June 16, 2000 and December 17, 2001.
Staff Study, prepared by the Town of Danville, labeled as Exhibit 1,
dated November 13, 2001.
The applicant shall pay any and all Town and other related fees that the
property may be subject to. These fees shall be based on the current fee
schedule in effect at the time the relevant permits are secured, and shall be
paid prior to issuance of said permit and prior to any Town Council final
approval action. Notice should be taken specifically of the Town's Child Care
Facilities fees ($7,705), Base Map Revision Fee ($1,035), Excavation
Mitigation Fee ($8,600) Map Checking ($3,552) Stormwater Pollution
Program Fee ($851), Street Lighting Fee ($125 per light) Sycamore Valley
Mitigation Fee ($414,000) Tri-Valley Transportation Fee ($38,180).
Within 30 days of the effective date of this entitlement, the applicant shall '
reimburse the Town for notifying surrounding neighboring residents of the
public hearings associated with the project. The fee shall be $477.00 (two
mailings of 318 notices at $0.75 per notice).
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 memoranda dated December 29, t999, May 1, 2000, and June 5,
2001.
PAGE 4 OF RESOLUTION NO. 2001-40
10.
The applicant shall submit to the Town of Danville fees required to file a
Notice of Determination for this project as required by AB 3185. The fee shall
be $1,300. This check shall be made payable to the Contra Costa County
Recorders Office and shall be submitted to the Town within five days of
project approval.
In the event that subsurface archeological remains are discovered during any
construction or pre-construction activities on the site, all land alteration work
within 100 feet of the find shall be halted, the Town Planning Division
notified, and a professional archeologist, certified by the Society of California
Archeology and/or the Society of Professional Archeology, shall be notified.
Site work in this area shall not occur until the archeologist has had an
opportunity to evaluate the significance of the find and to outline appropriate
mitigation measures, if they are deemed necessary. If prehistoric
archaeological deposits are discovered during development of the site, local
Native American organizations shall be consulted and involved in making
resource management decisions.
Construction activity shall be restricted to the period between the weekday
hours of 7:30 a.m. to 5:30 p.m. (Mondays through Fridays), unless otherwise
approved in writing by the City Engineer for general construction activity and
the Chief Building Official for building construction activity. Prior to any
construction work on the site, including grading, the applicant shall install a
m/nimum 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.
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 ~vhich 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 workdays. Dust-producing activities shall be discontinued during
high wind periods.
PAGE 5 OF RESOLUTION NO. 2001-40
11.
12.
13.
14.
15.
16.
Stockpiles of debris, soil, sand or other materials that can be blown by the
wind shall be covered. The developer shall be responsible for the regular
cleaning of the exterior of existing adjacent homes (in the Brookview and
Creekview and Tassajara Lane neighborhoods) as found to be necessary to
clean dust that may be generated during the construction of this project.
All physical improvements shall be in place prior to occupancy of any
structure in the project. 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.
As part of the initial submittal for the final map, the applicant shall submit a
written Compliance Report detailing how the conditions of approval for this
project have 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 applicant must sign the
report. 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. A copy of the approved compliance report shall be
provided to the Planning Commission.
The applicant shall create a construction staging plan that addresses the ingress
and egress location for all construction vehicles, parking and material storage
area. This plan shall be subject to review and approval by the Town prior to
the issuance of a grading permit. The construction staging plan shall not
utilize any portion of the nearby Creekview Subdivision or its roadway
system.
Planning Division sign-off is required prior to final building inspection sign-
off of individual units developed in this project by the Building Division.
At least 60 days prior to filing a final map or issuance of grading permits, a
revised site / grading plan and related documents shall be submitted for the
review and approval by the Planning Division. The submitted plan shall
include:
The March 28, 2001 Vesting Tentative Map - Preliminary & Final
Development Plan and Lot Line Adjustment shall be revised in general
PAGE 6 OF RESOLUTION NO. 2001-40
accord with the following conditions of approval. Of particular note is
the direction in these project conditions of approval to expand the area
contained within the project to a total project size of 26.73+/- acres, to
be accomplished by way a transfer of ownership of 6.92+/- acres of the
Gross property (APN 207-061-011 ptn.) into the project boundaries.
The area to be transferred is all portions of the Gross property below
the 650' contour elevation and all lands necessary contain the footprint
of the planned debris catchment areas that will serve the project.
Development rights for this acreage shall be dedicated to the Town of
Danville, and the HOA shall be required to maintain the scenic
easement. This is the preferred approach to handle the long term
ownership of the subject 6.92+/- acres, to be taken to assure that the
project homeo~vners' association (project HOA) that wilt be established
for SD 8389 will have appropriate control of these portions of the
Gross property. If fee title ownership of any portion of the 6.92+/- acre
portion of the Gross property is not transferred to the project HOA, the
intent of this condition shall be met through imposition of the
appropriate combination of scenic easements, right-of-entry agreements
for site grading and improvements, private landscape and slope
maintenance easements appurtenant to the project HOA, and private
access and maintenance easements pertaining to the two debris
catchment areas appurtenant to the project HOA, and the necessary
easements appurtenant to the Tseng property (APN 207-510-005), the
Gross property (APN 207-071-003) and the Naumann property (APN
207-071-007) acknowledging the probability of debris flow from these
adjoining properties into the debris catchment areas. If this option is
pursued, all mechanisms proposed to meet this condition of approval
shall be reviewed and approved by the Planning Commission.
Seven copies of the Final Grading, Hardscape, Landscape and
Irrigation Plan covering the proposed Tassajara Lane entry road plus
retaining walls and pedestrian facilities. The applicant shall provide the
Town with a suitable instrument guaranteeing the survival of the
approved plantings for a period of at least 12 months following the
Town's determination that planting and irrigation have been installed
per plans and pursuant to Town specifications.
Three copies of a Maintenance Management System Plan and Schedule
for all common ownership slopes, drainage terraces, landscaping and
irrigation improvements, emergency vehicle access facilities, and the
two debris catchment area facilities which establishes appropriate
inspection and maintenance systems regarding the following site
PAGE 7 OF RESOLUTION NO. 2001-40
infrastructure elements present of the proposed common ownership
open space parcels:
Weed / fire control
Storm drainage systems
Erosion control
Natural springs (as appropriate)
Slide monitoring and repair
The plan shall be structured to assure the provision of a safe, high
quality and hazard free environment. These goals are to be achieved
through a process composed of the following activities:
Recurring site inspections
Date analysis and reporting
Action determination
Work performance
Quality assurance
The submittal shall include a debris catchment area management
program which clearly specifies the following: the design parameters
for these facilities; anticipated problems; schedule for inspection and
preventative maintenance efforts; and proposed methods of
maintenance.
A budget shall be established and funded with appropriate start-up
funds from the developer to initiate the various annual maintenance
functions and long term repair functions established in the plan.
Inspection services shall be performed by an independent contractor /
engineer, or other party deemed acceptable to the Town, who shall be
responsible for the inspection of all systems and facilities covered by
the plan. Maintenance services shall be performed by such party as
selected by the homeowners' association.
Three copies of a plan making adequate provision for funding project
road maintenance and establishing a maintenance cycle / maintenance
standard for roadways addressed by the plan.
Three copies of a Fencing Plan Program to address the design of
fencing on private lots and fencing proposed to be located within the
common ownership lands (that is to be maintained by the project
homeowners' association).
PAGE 8 OF RESOLUTION NO. 2001-40
Seven copies of Architectural Design Guidelines including guidelines
and standards for proposed exterior materials and colors.
Seven copies of preliminary landscape and irrigation plans detailing
conceptual landscape treatment for the project entry area (off of
Tassajara Lane); conceptual landscape treatment for the regarded
"nose" (i.e., area along the project access road between Lots 10 and 12
on the staff study); and typical front yard landscape treatment for
project lots (using front yard areas for Lots 2, 3, 8 and 9 to depict
typical treatment to be provided throughout the project).
SITE PLANNING
All lighting shall be installed in such a manner that lighting is generally down
directed and glare is directed away from surrounding properties and
rights-of-way.
The location of any pad mounted electrical transformers shall be subject to
review and approval by the Planning Division prior to the issuance of a
building permit. To the extent feasible, such transformers shall not be located
between any street and the front of a building.
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.
Dimensional yard standards for structures developed on lots in this
development shall be as follows:
Primary front yard setback:
Secondary front yard setback:
Side yard setback:
Aggregate side yard setback:
Rear yard setback:
25 feet
20 feet
Minimum 10 feet
Minimum 25 feet
Minimum 20 feet
Unless otherwise approved through a subsequent Land Use Permit
application(s), dimensional yard standards for detached secondary structures
developed on lots in this develoPment shall be as follows:
Primary front yard setback: 65 feet
Secondary front yard setback: 15 feet
PAGE 9 OF RESOLUTION NO. 2001-40
Side yard setback:
Rear yard setback:
Minimum 5 feet
Minimum 10 feet
A maximum building height of two stories or 28feet measured from average
finished grade shall be permitted. Structures established on Lots 20, 21, and
22 shall observe a maximum buiMing height of two stories or 24feet measured
from average finished grade, unless otherwise permitted through a site-
specific Development Plan approval. The minimum front yard setback for
garages serving the units on these three lots may be reduced to 20feet where
the garage is developed with a side-load design and where a minimum setback
of 25 feet is observed for any second story portion of the residence.
Except as otherwise specified in these conditions of approval, development
and use of residential lots shall be governed by the restrictions of the R-20
zoning district.
The applicant shall wOrk with the Town of Danville and U.S. Postal Service to
determine acceptable locations for mailboxes and mail delivery, prior to the
issuance of a certificate of occupancy for the frrst home completed within the
subdivision.
A firebreak adjacent to open space areas shall be maintained to the
satisfaction of the San Ramon Valley Fire Protection District. This firebreak
distance may include backyard areas. The firebreak zone shall be established
and maintained through regular discing and through fuel modification
through use of fire resistive and drought tolerant plantings. Responsibility for
maintenance of the firebreak zones located on commonly owned homeowners'
association property shall be with the association. The schedule for discing,
fuel modification and related firebreak management efforts shall meet the
requirements of the San Ramon Valley Fire Protection District.
10.
Scenic easements shah be placed over all common open space areas
substantially as shown on the Staff Study dated November 13, 2001. A deed
notification regarding the scenic easements and associated restrictions shall
be recorded to run with the deeds of these each lot. Except as otherwise
approved by these conditions of approval, no construction of structures,
grading, or formal landscaping will be allowed in these areas.
LANDSCAPING
Removal and replacement of all Town-protected trees shall be in accordance
with the provisions of the Town's Tree Ordinance.
PAGE 10 OF RESOLUTION NO. 2001-40
Reasonable efforts shall be made to transplant all existing trees on site
ranging from 3 - 12 inches in diameter, including trees #301, 302, 310, and
311 as identified in the Hort Science arborist report.
A weed abatement program before, during, and after construction within 100
feet of combustible construction and 30 feet from street and property lines
shall be maintained. In addition, where development is adjacent to wiM land
or open space areas, a separate landscape plan shall be prepared for
vegetation fuel modification and/or buffer zone(s). This plan shall feature fire
resistive and drought tolerant varieties and be submitted for review and
approval by the San Ramon Valley Fire Protection District prior to the
issuance of building permits.
After completing project grading that reconfigures the knoll above Lot 19 of
SD 7960 (the adjoining Walton / Delco project), the applicant shall document
to the Town's satisfaction that a diligent effort has been made to pursue
necessary rights to extend the project's tree planting program for this portion
of the project into the adjoining portion of the knoll area located in Lot 19 (to
allow a natural appearing planting program to be provided). Maintenance of
any planting placed on Lot 19 of SD 7960 as a result of the subject
development shall be the responsibility of the property owner of Lot 19 of SD
7960.
ARCHITECTURE
All ducts, meters, air conditioning and/or any other mechanical equipment
whether on the structure or on the ground shall be effectively screened from
view with landscaping or materials architecturally compatible with the main
structures.
The street numbers for each building in the project shall be posted so as to be
easily seen from the street at all times, day and night by emergency service
personnel.
Project Architectural Design Guidelines shall be prepared by the applicant and
shall be submitted for review and approval by the Design Review Board prior
to filing of a final map. The Guidelines shall be incorporated into the project
covenants, conditions and restrictions. The Guidelines shall specify where
various building styles may be used. Guidelines shall encourage variety and
shall require that some garages be oriented parallel to the street with the plane
of their doors perpendicular to, or at angle to, the adjacent street. Roof colors
shall be limited to brown or gray hues to better blend with the existing
surroundings. Other design measures that shall be addressed in the Guidelines
PAGE 11 OF RESOLUTION NO. 2001-40
include the following: limitations on the placement of auxiliary structures;
control of roof slopes for accent or auxiliary structures; limitations on the
maximum skirt length; limitations on the paint scheme of fences, direction for
avoidance of long, blank facades and stairway projections; and prohibition on
the use of crushed rock and exotic vegetation as landscape elements. The
Guidelines shall establish the review and approval authority of the Master
Builder (i.e., the project developer) for proposed site plan layouts and
preliminary architectural proposals for individual lots in the development. The
Guidelines shall establish the review and comment authority of the Town
Planning Division for proposed site plan layouts and preliminary architectural
proposals for individual lots in the development and shall identify a process
allowing the Guidelines to be referred back to the Design Review Board for
refinement and clarification if deemed necessary by the Town during the
course of project development. The Guidelines shall provide a review and
approval process through a project Architectural Review Committee (or
approved equivalent) for unit remodels, additions, repainting projects or re-
roofing projects that are undertaken after initial unit occupancies where such
work will result in a modification of the approved exterior design the unit in
question.
o
The primary residential units proposed for placement on Lots 21, 22 and 23
are subject to review and approval by the Town through an Administrative
Development Plan application (with review by Design Review Board if
deemed necessary by the Planning Division).
All residences within the proposed project shall be constructed with fire
retardant concrete roof tiles, or approved equivalent, to reduce the potential
for significant structure fire within the development, and the spreading of fire
within the project and / or to adjacent areas in accordance with the Town of
Danville Roofing Ordinance.
SYCAMORE CREEK MODIFICATIONS
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 and shall be subject to review and
approval by the City Engineer prior to submittal of a final subdivision map.
The proposed creek improvements involving the bridge construction shall be
subject to the satisfaction of Town's City Engineer, the Contra Costa County
Flood Control and Water Conservation District, the California Department of
Fish and Game, the U.S. Army Corps of Engineers, and the Regional Water
PAGE 12 OF RESOLUTION NO. 2001-40
Quality Control Board prior to the recordation of the Final Map. Where
drainage improvements are necessary along Sycamore Creek, they shall be
designed to enhance the natural appearance of the Creek. If rip-rapping is
required, it shah utilize large, ungrouted rocks that permit growth of grasses
and other vegetation between rocks, or as required by any agency listed
above. Landscaping (through hydro-seeding and planting of native shrubs
and trees) shall be reestablished along the banks of Sycamore Creek disturbed
by the bridge construction work to enhance the appearance of this
topographical feature.
To address the impact of potential erosion issues along Sycamore Creek in
vicinity of proposed bridge construction efforts, the applicant shall provide an
appropriate geotechnical analysis, if deemed necessary by the Costa County
Flood Control and Water Conservation and Flood Control District
(CCCFC&WCD), of the proposed creek improvements. The report shall be
subject to review and approval by the City Engineer and the Costa County
Flood Control and Water Conservation and Flood Control District and shall
be subject to a third party review if deemed necessary by the City Engineer.
The geotechnical engineer shall identify any critical areas within this section
of the creek that are subject to bank failures, and make recommendations
regarding preventative, bank-stabilizing measures. Once the geotechnical
study is' performed, the Town, the District, and the developer shall meet to
determine what improvements are commensurate with the proposed
development or if there should be a cost share program established for the
work to be performed. Creek and bridge improvements shall be designed to
not cause erosion both during and after construction.
The developer has completed an update to a previously completed flood study.
The update, entitled "Sycamore Creek Study Tassajara Lane" was prepared
by RMR Design Group and is dated March, 2000. The developer shall
document that the design of the proposed improvements meet the requirements
of the flood studies to the satisfaction of the City Engineer (after consultation
with the Contra Costa County Flood Control and Water Conservation
Distric0 prior to submittal of a final subdivision map.
No work within the bed or banks of Sycamore Creek shall occur until a
streambed alteration agreement is executed with the Department ofFish and
Game, and necessary permits are secured from the Army Corps of Engineers
and the Regional Water Quality Control Board. Requirements by the
Department ofFish and Game shall be noted or graphically depicted on the
construction plans.
PAGE 13 OF RESOLUTION NO. 2001-40
Prior to approval of final Creek Improvement Plans or the Final Map, a re-
vegetation plan for the Creek shall be submitted for review and approval by
the Planning Division, and documentation shall be provided that the plan has
been reviewed and approved by the Department ofFish and Game. The goal
of the plan shall be to re-establish mature creek vegetation within a period of
three years. The re-vegetation plan shall be evaluated as part of the project
Improvement Plans and a cash or other acceptable security to the Town Of
Danville in the amount of on~ half the value of the re-vegetation shall be
deposited with the Town guaranteeing at least a 50 percent survival rate of the
new vegetation. The deposit may be returned after the period of three years
upon verification of the health of the new vegetation. The plans shall be
subject to modification by the Town as field conditions dictate. If determined
necessary, a drip irrigation system shall be utilized until the vegetation is
established.
The applicant shall comply with all mitigation measures contained within the
letter from the CCCFCD, dated June 22, 2000, attached as Exhibit H of the
staff report associated with the project.
F. BIOLOGICAL RESOURCES
The developer shall secure permits and approvals from the U.S. Army Corps
of Engineers, the U.S. Fish and Wildlife Department, California Department
ofFish and Game, the Regional Water Quality Control Board, and the Contra
Costa County Flood Control Distric~t for all improvements affecting wetlands,
and for all improvements proposed On Sycamore Creek.
A pre-construction survey for active nests of special-status bird species shall
be conducted during breeding season. These surveys shall be conducted
within 30 days prior to project-related disturbance to the site.
The applicant shall follow all recommendations, as outlined in the "Wildlife
Biological Assessment of the Tassajara Lane Property," prepared by
Sy~ camore Associates LLC, dated January 18, 2000.
If special-status bird species are found, a habitat loss mitigation plan shall be
prepared and implemented. The plan shall be subject to review and approval
by the Town and all appropriate agencies.
PAGE 14 OF RESOLUTION NO. 2001-40
GRADING
Any grading on adjacent properties will require prior written approval of those
property owners affected, prior to submittal of a final subdivision map or
issuance of a grading permit.
At least one week prior to commencement of grading, the applicant shall post
the site and mail to the owners of property within 300 feet of the exterior
boundary of the project site, to the homeowner associations of nearby
residential projects and to the Town of Danville Development Services
Department, a notice that construction work will commence. The notice shall
include a list of contact persons with name, title, phone number and area of
responsibility. The person responsible for maintaining the list shall be
included. The list shall be kept current at all times and shall consist of persons
with authority to initiate corrective action in their area of responsibility. The
names of individuals responsible for dust, noise and litter control shall be
expressly identified in the notice.
Development shall be completed in compliance with the "Supplemental
Geotechnical Exploration, Tassajara Lane, Subdivision 8389", prepared by
Engeo Incorporated, File No. 4674.1.003.02, dated February 20, 2002 and
construction grading plans prepared for the project. The grading plans shall
address all keyway sizing parameters and locations, buttress fills, subdrain
collection system and other geotechnical mitigation measures as recommended
in the Supplemental Geotechnical Exploration report prepared by-Engeo,
Incorporated. The grading plans shall also address interim access
considerations for existing residences impacted by the grading operations and
installation of infrastructure improvements so that continuous access can be
provided to existing residences and the Gates landscape architecture office.
Should grading operations be conducted during the rainy season, all temporary
access roads subject to a period of relocation which are necessary to provide
access to existing residences and the Gates landscape architecture office shall
consist of at least twelve inches of Class 2 aggregate base rock underlain by a
geotextile fabric. Temporary access roads which are not subject to periodic
relocation due to ongoing construction activity shall consist of 2" AC (open
grade) over twelve inches of Class 2 aggregate base rock underlain by a
geotextile fabric. At least 45 days prior to start of construction, a
neighborhood informational meeting shall be held for those existing residences
and the Gates landscape architecture office whose access will be impacted
during grading operation and installation of utilities.
Final subdrain facilities shall consider appropriate discharge locations.
Consideration shall be given for the need to obtain offsite easements in order
PAGE 15 OF RESOLUTION NO. 2001-40
to provide positive drainage for proposed keyways and other recommended
geotechnical mitigation measures.
All recommendations outlined in the project specific soils report shall be
incorporated into the design of this project. A supplemental report shall be
prepared to 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.
Upon completion of grading operations, the design ciVil Engineer shall
prepare as-built grading plans reflecting final key locations, buttress fill
locations and subdrain locations.
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.
Ail 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). 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 modem 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
PAGE 16 OF RESOLUTION NO. 2001-40
10.
11.
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.
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). The SWPPP shall supplement the Erosion Control
Plan and project improvement plans. These documents shall also be kept on-
site ~vhile the project is under construction. An NPDES construction permit
may be required, as determined by the City Engineer.
Prior to final map approval, the project geotechnical reports (i.e.,
Geotechnical Reports entitled "Preliminary Geotechnical Exploration
Tassajara Lane Danville, CA" dated November 24, 1999, January 10, 2000
and May 16, 2001 and the Supplemental Geotechnical Exploration report
dated February 19, 2002) and the project tentative map (i.e., dk Associates,
Inc. plans "Vesting Tentative Map - Preliminary & Final Development Plan
and Lot Line Adjustment") shall be modified to address the findings of the
third-party geologic review (i.e., Berloger Geotechnical Consultants
geotechnical-peer review letters). The third-party findings that are to be
addressed in the revised geotechnical reports and the revised tentative map
addressed are summarized as follows:
The tentative map shall be revised to reflect the most current
recommendations provided in the project geotechnical report. The project
tentative map shows an approximately 80-foot high, 3 horizontal to 1 vertical
(3H:iV) cut slope along the south property line and an approximately 37-
foot+/- high, 3.25H.'lV fill slope along northwest property line. In lieu of
installing a mid-slope drainage bench for this 37-foot+~- high fill slope, the
developer shall install erosion control matting and appropriate planting
(which shall be maintained by the project homeowners association after this
section of the project open space is transferred from the developer to the
association). As required by the grading ordinance and the UBC, these slopes
shall have drainage benches every 30feet of vertical relief (Note: The revised
geotechnical report shall address the need for drainage benches if the
gradient of the referenced cut and fill slopes is modified to be less steep than
3H.'l V). Modifications made to the design and layout of the project as a result
of the revisions to the geotechnical reports and tentative map are subject to
review and approval by the Chief of Planning. At the discretion of the Chief of
Planning, the resultant project modifications may be referred to the Planning
Commission for review and approval.
PAGE 17 OF RESOLUTION NO. 2001-40
12.
13.
14.
15.
16.
18.
Prior to issuance of building permits, developer shall submit to the Town as-
graded reports prepared by the engineering geologist and the geotechnical
engineer with an as-graded map showing final plan and grades. The map
shall identify all encountered aquifers and bedrock units; zones of highly
jointed and / or weathered rock; orientation of bedding and / or other
discontinuities, and location of any seepage, fill keyways, and subdrainage
material with cleanouts, outlets, and pickup points; buttress fills with keyway
location, any retaining walls installed, subdrains and their connections, and
other soil improvements installed during grading, all as surveyed and mapped
by a licensed land surveyor or civil engineer.
A grading bond is required for the work necessary to carry out the grading
plan. Developer shall provide sufficient information to estimate the cost of
required soil improvements, or a contractor's estimate.
A statement to run with deeds to parcels of the property shall be recorded
acknowledging all geotectmical reports by title, author (firm), and dates,
calling attention to recommendations and noting that the reports are available
to initial prospective buyers of the units in the project from the developer.
Per the recommendations of the project geotechnical report, a licensed
Geotechnical Engineer shall be required to supervise site preparation and
grading, and shall take all measures necessary to ensure slope stability during
construction, and shall ensure conformance with the grading plan. The
observing geotechnical engineer shall be required to submit a final grading
report documenting all work efforts performed on the site and on adjoining
parcels where either subdrain was installed or landslide repair operations
were conducted. The report shall include all backup compaction test results,
as-built keyway locations, as-built subdrain locations and any field
modifications. The final report must state that all work was completed in
substantial performance with the project Supplemental Geotechnical
Exploration report dated February 19, 2002) and all authorized modifications
made in response to peer review comments.
The findings of the geotechnical and soils report are subject to independent
third-party review, as deemed necessary by the City Engineer.
Mitigation for expansive soils must be completed in accordance with the
recommendations of a final geotechnical report, subject to a third party
review, and to the satisfaction of the City Engineer.
Project grading and related geotechnical repair work shall be substantially as
shown on the Vesting Tentative Map submittal cited in Condition of Approval
#A.l.a. above to allow contours of areas modified as a result of project grading
PAGE 18 OF RESOLUTION NO. 2001-40
19.
20.
21.
22.
activity to meet existing grades in a gradual, natural appearing manner and that
returns slopes of open space and off-site areas to a natural appearance, to the
satisfaction of the Planning Division. Grading necessary to ensure safe
geotechnical hazard remediation shall be implemented. The final project grading
plan shall be substantially as shown on the Vesting Tentative Map submittal cited
in Condition of Approval #A.l.a. above to ensure it is consistent with the intent of
adopted Town policies regarding grading techniques for hillside development,
including the Grading Ordinance, the Scenic Hillside and Major Ridgeline
Development Ordinance, and the Town's Hillside/Ridgeline Guidelines. "J-
Ditches" and/or mid-slope drainage benches will need to be provided, pursuant to
the requirements of the Town's Grading Ordinance, and shall be designed and
installed to the satisfaction of the City Engineer.
Proof of securing entry for all off-site work must be provided to the
satisfaction of the City Engineer prior to commencement of any off-site work.
The final map shall designate and establish access ways for emergency and
maintenance vehicle access to all common open space areas via dedicated
easements.
Prior to the issuance of grading permits, the applicant shall retain a specialist
to assess any rodent control impacts associated with the development. If
necessary, the applicant shall develop a rodent control plan, subject to review
and approval by the Planning Division.
The Declaration of Deed Restrictions shall inclnde the following reqtfirements
and exhibits:
· An exhibit showing the construction record drawings of locations of
landslide repairs made on the lots and on adjacent property above and
below the lots.
· An exhibit showing the construction record drawings of actual locations of
subdrains and their ontlets and cleanouts installed.
· An exhibit presenting the maintenance plan and schedule for all drainage
facilities and debris basins.
· The developer shall retain a licensed civil engineer to prepare lot-specific
geotechnical design parameters for foundations, retaining walls, slabs on
grade, control of on-site drainage, and mitigation of geologic and
geotechnical concerns. The lot-specific report shall be subject to peer
review by the Town's consulting geotechnical engineer and shall be
submitted in conjunction with the building permit application (or
administrative development plan application for Lots 20, 21, and 22 ).
PAGE 19 OF RESOLUTION NO. 2001-40
23.
24.
25.
26.
27.
28.
Prior to the release of improvement bonds on any of the lots, the developer's
geotechnicat engineer shall prepare a maintenance program for the debris
basins. The program shall be subject to review and approval by the Town's
geotechnical engineering reviewer.
Prior to the issuance of a grading permit, the developer's geotechnical
engineer shall prepare an illustrated report explaining, in plain layman's terms,
(a) the design offsite landslide repairs and (b) reasonably anticipated "worst-
case" offsite landslide movement and repairs in the event additional upslope
landslide material activates during excavation for the design repairs. The
report shall be subject to review and approval by the Town's geotechnical
engineering consultant. After such approval and prior to the issuance of a
grading permit, the owner shall provide a copy of the approved report to all
potentially affected neighboring property owners.
Prior to the issuance of a grading permit, the developer's geotechnical
engineer shall submit to the Town a program for monitoring stability of the
slope between the proposed excavation for Landslide IA and the existing
residences next to the northwest comer of the site. The program shall be
subject to review and approval by the City Engineer.
Prior to the issuance of a grading permit, the developer's geotechnical
engineer shall prepare 40-scale cross sections showing proposed mitigation of
each landslide (Landslides IA through 23A) identified on site in Figure 5 of
the 2002 geotechnical report. Unless significant modifications to the
previously prepared 40-scale cross sections are necessary to reflect changes to
the project's grading design (as detailed in the construction-detail grading
plans), those previously prepared cross sections will suffice for purposes of
this condition. The cross sections shall be submitted to the Town for review
and shall be included in the approved grading plans.
Prior to the issuanCe of a grading permit, the developer's geotechnical
engineer shall prepare an overexcavation plan showing the proposed landslide
debris overexcavation and keyways with subdrains. Unless significant
modifications to the previously prepared overexcavation plan are necessary to
reflect changes to the project's grading design (as detailed in the construction-
detail grading plans), that previously prepared plan will suffice for purposes of
this condition. The overexcavation plan shall be submitted to the Town for
review and shall be included in the approved grading plans.
Prior to the issuance of a grading permit, the developer shall submit to the
Town a plan for providing all-weather vehicular access comparable to existing
conditions to their respective properties by current users of Tassajara Lane
PAGE 20 OF RESOLUTION NO. 2001-40
during repair of landslides underlying Tassajara Lane. The plan shall be
subject to review and approval by the City Engineer. After such approval and
prior to the issuance of a grading permit, the owner shall provide a copy of the
approved plan to all neighboring property owners who use Tassajara Lane for
access to their properties.
29.
Prior to the issuance of a building permit on any of the lots, geologic and
geotechnical hazards identified in the geotechnical report for the project (see
conditions lb. and lc.) shall be mitigated in conformance with the
recommendations of the project geotechnical engineer and the approved
grading plan. The mitigation work during grading, particularly landslide
removal and keyway excavation at key geologic exposure milestones, or in the
event of significant unanticipated field conditions being encountered, for
purposes of observing geologic structure, shall be subject to on-site
observation and review by the Town's geoteclmical engineer reviewer. The
owner's geotechnical engineer shall document their observations and test
results during grading in a report and shall submit the report to the Town.
30.
Prior to the issuance of a building permit on any of the lots, the developer's
geotechnical engineer shall prepare a report, prepared by a licensed civil
engineer, that includes a characterization of potential soil settlements and
swells. The report shall also present appropriate geotechnical design
parameters that address these potential movements with regard to foundations,
retaining walls, slabs on grade, and site drainage. These characterizations and
parameters shall be presented (a) as part of a geotechnical report submitted
before grading, or (b) as a separate report submitted after grading, by the
developer. Unless significant modifications to the previously prepared
geotechnical reports are necessary to reflect changes to the project's grading
design (as detailed in the construction-detail grading plans), those previously
prepared reports will suffice for purposes of this condition. The report(s) shall
be subject to peer review by the Town's geotechnical engineer reviewer.
31.
The costs of all reviews and on-site observations by the Town's geotechnical
engineer reviewer shall be borne by the developer.
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.
The applicant shall be responsible for the installation of street signing to the
satisfaction of the City Engineer. Traffic signs and parking restriction signs,
PAGE 21 OF RESOLUTION NO. 2001-40
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 ofthe
City Engineer, at full expense to the applicant. This shall include slurry seal,
overlay or street reconstruction, if deemed warranted by the City Engineer.
All improvements within the public right-of-way, including curb, gutter,
sidewalks, driveways, paving and utilities, shall be constructed in accordance
with approved standards and/or plans and shall comply with the standard plans
and specifications of the Development Services Department and Chapters XII
and XXXI of the Town Code. At the time project improvement plans are
submitted, the applicant shall supply to the City Engineer an up-to-date title
report for the subject property.
Handicapped ramps shall be provided and located as required by the City
Engineer.
Public streets shall be improved to the standards in #H.5. above. Private streets
shall be improved to public street structural standards. Private street
improvements, and their dimensions, shall be as shown on the project plans
identified in #A.1. above and shall conform to Standard Plans 101, 102 and
104a&b.
The project conditions, covenants and restrictions ("CC&Rs") shall be
structured to address ongoing maintenance responsibilities for in-tract private
road and private storm drainage improvements. A satisfactory private road
and private storm drain maintenance agreement for off-site improvements
utilized by this project shall be submitted by the applicant for review and
approval by the City Attorney prior to submittal of a final subdivision map.
The applicant shall document that arrangements have been made to supply a
reasonable opportunity for review and comment of the draft private road and
private storm drain maintenance agreement by potentially affected property
owners, with a goal of providing equitable distribution of responsibility for
maintenance of these improvements on an interim and long-range basis. All
private road maintenance agreements shall include provisions for regular street
sweeping.
PAGE 22 OF RESOLUTION NO. 2001-40
The bridge design shall be a span bridge, substantially as shown on Sheet 2 of
the project's vesting tentative map. The bridge design shall reflect a road
cross-section with a minimum clear-width dimension of 24 feet, which shall
include, unless otherwise authorized by the City Engineer, a grade-separated
pedestrian walkway with a minimum width of four feet or greater as required
by the Americans with Disabilities Act. The area for the roadway shall be
striped and maintained with two ten-foot travel lanes. An irrevocable offer for
public trail purposes shall be dedicated across the bridge and appropriate
transitional areas to accommodate the possible need to switch the location of
the interim or long-term public creek trail location across the creek at this
location.
10.
The design of the bridge, bridge abutment and construction materials and
colors shall be subject to review and approval of the Town's Planning
Division.
11.
The bridge shall be constructed to the satisfaction of the City Engineer and the
Contra Costa County Flood Control and Water Conservation District. The
developer shall provide copies of all pertinent regulatory permits to the Town
for the proposed bridge construction. The City Engineer's review of the
construction improvement plans for the bridge shall take into consideration
the pertinent regulatory permits involving the bridge.
12.
A plan for temporary access over Sycamore Creek during the bridge
replacement project (providing access for emergency vehicles, residents and
pedestrians) shall be put together and implemented by the applicant. The plan
shall be subject to review and approved by the City Engineer and San Ramon
Valley Fire Projection District prior to the commencement of the bridge
replacement project.
13.
Prior to approval of the final map, written documentation that all easements,
permission to rebuild the bridge, and make all necessary improvements on
APN: 207-061-004 has been obtained, to the satisfaction of the City Engineer.
14.
The developer shall prepare and submit a cost allocation proposal defining
their proposal to allocate fair share cost assignments for private improvements
installed by this project south of the proposed southern terminus of the public
portion of Tassajara Lane. The cost allocation proposal shall be subject to the
review and approval of the City Engineer at least eight weeks prior to filing
the final map. The approved cost allocation proposal will be the basis for
subsequent Town recommendations for cost reimbursement to this developer
by parties securing entitlements in the Tassajara Lane area that directly benefit
from the improvements installed by this developer.
PAGE 23 OF RESOLUTION NO. 2001-40
15.
16.
17.
18.
The developer shall submit a sketch alignment plan for review and approval by
the City Engineer showing all required private and public street improvements,
and corresponding right of way dedication / acquisition, along Camino
Tassajara, Tassajara Lane and the emergency vehicle access connection
serving this project that traverses Lot 19 of SD 7960 prior to starting work on
the improvement plans. The sketch alignment plan shall be to scale and show
off-site transitions, as necessary, curb lines, land striping details and cross-
sections. The sketch alignment plan shall also include necessary information
to show that adequate sight distance will be provided for all intersections.
Off-site public roadway widths and cross sections for Tassajara Lane shall be
generally as shown on the vesting tentative map for the project. The
improvements installed for the public portion of Tassajara Lane shall include a
standard cul-de-sac located just north of the private bridge crossing of
Sycamore Creek.
The applicant shall be responsible for the installation of public street
improvements along approximately 300 feet of street frontage along the south
side of Camino Tassajara, specifically being the frontage improvements for the
Smith and Sherman properties (respectively being APNs 207-061-019 and -
020). Public improvements that are to be the applicant's responsibility to
install shall include: pavement widening; striping and signing; fire hydrants;
electroliers; curb, gutter and necessary transverse and longitudinal drainage
improvements; six-foot width meandering sidewalk; border landscaping and
irrigation; architectural soundwall, necessary pavement transitions, and interim
driveway improvements (as necessary). The installation of these
improvements appears to benefit properties not under the control of the
applicant. Per Town Ordinance 76-85, the applicant may apply to Town
Council for the creation of a benefit district whereby the applicant may receive
reimbursement from properties benefiting from the improvements, but not
participating in the construction costs. The Town staff will assist in the
processing of necessary documents and support the creation of a benefit
district based upon an equitable distribution of costs. At the Town's
discretion, installation of some or all of these improvements may be postponed
(i.e, not installed by the developer), with installation occurring at a later date
as a separate, and subsequent portion of an established fee benefit district. If
formation of a benefit district is pursued, the applicant is advised that the
district must be formed prior to installation of any public improvements
included in the district.
The applicant shall be responsible for the installation of signalization
improvements, including related roadway modifications, for the intersection of
Tassajara Lane and Camino Tassajara, or other appropriate traffic mitigation
PAGE 24 OF RESOLUTION NO. 2001-40
measures as deemed appropriate by the Town's Traffic Engineer. The
installation of these improvements appears to benefit properties not under the
control of the applicant. Per Town Ordinance 76-85, the applicant may apply
to Town Council for the creation of a benefit district whereby the applicant
may receive reimbursement from properties benefiting from the improvements,
but not participating in the construction costs. The Town staff will assist in
the processing of necessary documents and support the creation of a benefit
district based upon an equitable distribution of costs. At the Town's
discretion, installation of some or all of these improvements may be
postponed
19.
The applicant shall be responsible for the improvement of a 530 foot+/-
section of Tassajara Lane converting the existing private street to public street
standards as generally depicted on the vesting tentative map for the project.
The improvements installed for the public portion of Tassajara Lane shall
include a standard public cul-de-sac located just north of the private bridge
crossing of Sycamore Creek. Public improvements that are to be the
applicant's responsibiliiy to install shah include: pavement widening; striping
and signing; median islan& fire hydrants; electroliers; curb, gutter and
necessary transverse and longitudinal drainage improvements; four-foot width
sidewalk; approximately 225foot long 8-10foot wide asphalt pedestrian creek
trail on the south side of the creek adjacent to the Sherman and Bonell
properties; pedestrian border and median landscaping and irrigation
improvements (along the east side of the street and along the northerly 200
feet+/- of the west side of the streeO; architectural soundwall at the corner of
Tassajara Lane and Camino Tassajara (extending 75 feet +/- south from the
wall's location along Camino Tassajara); pavement transitions and driveway
modifications necessary to serve properties fronting along this section of
Tassajara Lane; and other, typical roadway related improvements deemed
necessary and appropriate during the review and approval of construction
improvement drawings. Road improvements install for this section of
Tassajara Lane shall include a joint trench and water, sewer and storm
drainage improvements adequately sized to handle possible future
development in the Tassajara Lane area consistent with current land use
designations provided for by the Danville 2010 General Plan. The installation
of these improvements appears to benefit properties not under the control of
the applicant. Per Town Ordinance 76-85, the applicant may apply to Town
Council for the creation of a benefit district whereby the applicant may receive
reimbursement from properties benefiting from the improvements, but not
participating in the construction costs. The Town staff will assist in the
processing of necessary documents and support the creation of a benefit
district based upon an equitable distribution of costs. At the Town's
discretion, installation of some or all of these improvements may be postponed
PAGE 25 OF RESOLUTION NO. 2001-40
(i.e., not installed by the developer), with installation occurring at a later date
as a separate, and subsequent portion of an established fee benefit district. If
formation of a benefit district is pursued, the applicant is advised that the
district must be formed prior to installation of any public improvements
included in the district.
20.
The applicant shall be responsible for the installation of a replacement bridge
crossing of Sycamore Creek at Tassajara Lane. These improvements shall be
substantially as depicted on the vesting tentative map for the project, and shall
include the provision of a temporary bridge crossing to provide access across
the creek while the permanent replacement bridge is being constructed. The
applicant shall also be responsible fqr creek work in proximity of the bridge
crossing that is necessary to allow the installation of the bridge and to address
hydraulic inadequacies of Sycamore Creek in direct proximity to the creek
crossing. The installation of these improvements appears to benefit properties
not under the control of the developer. Since the improvements in question are
not public improvements, there is not an opportunity to create a benefit district
whereby the developer could be reimbursed from properties benefiting from
the improvements. The Town will pursue an equitable distribution of the costs
of these improvements based on trip g~neration rates or in an alternate
manner deemed appropriate by the City Engineer. On an entitlement-by-
entitlement basis, the Town will consider imposition (through project
conditions of approva0 of a requirement that a benefiting property equitably
reimburse this developer for non-standard expenses incurred as a result of the
provision of these improvements.
21.
The applicant shall be responsible for the upgrade and widening of a 1,300
foot+/- section of the private roadway portion of Tassajara Lane as generally
depicted on the vesting tentative map for the project (i.e., the section of
roadway extending south of the creek crossing to 50 feet +/- south of the
proposed project entrance). The improvements installed for the private
portion of Tassajara Lane shall include: pavement widening (to a minimum
width of twenty-four feet unless otherwise approved by the City Engineer and
San Ramon Valley Fire Protection DistricO; fire hydrants; curb, gutter and
necessary transverse and longitudinal drainage improvements; pavement
transitions and driveway modifications necessary to serve properties fronting
along this section of Tassajara Lane; associated grading and retaining wall
work; soil corrective work necessary to install the improved roadway; and
other, typical roadway related improvements deemed necessary and
appropriate during the review and approval of construction improvement
drawings. Road improvements installed for this section of Tassajara Lane
shall include a joint trench and water, sewer and storm drainage
improvements (including a drainage outfall into Sycamore Creek)adequately
.PAGE 26 OF RESOLUTION NO. 2001-40
sized to handle possible future development in the Tassajara Lane area
consistent with current land use designations provided for by the Danville
2010 General Plan. The installation of these improvements appears to benefit
properties not under the control of the developer. Since the improvements in
question are not public improvements, there is not an opportunity to create a
benefit district whereby the developer could be reimbursed from properties
benefiting from the improvements. The Town will pursue an equitable
distribution of the costs of these improvements based on trip generation rates
for costs incurred to widen the roadway and on acreage storm run-off rates
for costs incurred for storm drainage improvements or in an alternate manner
deemed appropriate by the City Engineer. On an entitlement-by-entitlement
basis, the Town will consider imposition (through project conditions of
approval) of a requirement that a benefiting property equitcibly reimburse this
developer for non-standard expenses incurred as a result of the provision of
these improvements.
22.
The applicant shall be responsible for the installation of a 400foot+~- section
of the off site portion of the emergency vehicle access (E?A) connection
running from the subject property through Lot 19 of SD 7960 to the existing
bridge crossing of Sycamore Creek installed as part of SD 7960, as generally
depicted on the vesting tentative map for the project. The improvements
installed for this section of the EVA shall include: pavement (with a minimum
width of twenty feet unless otherwise approved by the City Engineer and San
Ramon Valley Fire Protection DistricO; fire hydrants; AC berm; and other,
typical roadway related improvements deemed necessary and appropriate
during the review and approval of construction improvement drawings.
Improvements installed for this section of the EVA shall include a joint trench
and water, sewer and storm drainage improvements (including a drainage
outfall into Sycamore Creek,) adequately sized to handle possible future
development in the Tassajara Lane area consistent with current land use
designations provided for by the Danville 2010 General Plan. The installation
of these improvements appears to benefit properties not under the control of
the developer. Since the improvements in question are not public
improvements, there is not an opportunity to create a benefit district whereby
the developer could be reimbursed from properties benefiting from the
improvements. The Town will pursue an equitable distribution of the costs of
these improvements based on trip generation rates for costs incurred to widen
the roadway and on acreage storm run-off rates for costs incurred for storm
drainage improvements. On an entitlement-by-entitlement basis', the Town
will consider imposition (through project conditions of approval) of a
requirement that a benefiting property equitably reimburse this developer for
non-standard expenses incurred as a result of the provision of these
improvements.
PAGE 27 OF RESOLUTION NO. 2001-40
23.
The work scope for the traffic signal design is to be prepared by the Town's
Traffic Engineer and will be provided to the applicant. Prior to the design of
the signal, a.m., midday, and p.m. peak period traffic counts at the intersection
shall be conducted by the applicant on behalf of the Town. Funding of the
traffic study and signal design is the responsibility of the applicant.
24.
Documentation that all necessary easements needed for construction of the
traffic signal and all related road improvements have been obtained must be
provided to the satisfaction of the Town's Traffic Engineer.
25.
The design, location, construction materials and precise siting of the two- to
four-foot height retaining wall that will be constructed along the east side of a
section of public portion of Tassajara Lane shall be subject to review and
approved by the Planning Division.
26.
Stop signs shall be installed at the intersection of"A" Lane and "B" Court. as
shown on the Vesting Tentative Map incorporated herein as Condition A. 1.a.
27.
Use of a private gated entrance is expressly prohibited. Gated access for the
emergency vehicle access (EVA) road(s) shall be permitted. The design and
location of gating for EVAs shall be subject to review and approval by the
City Engineer in conjunction with the review of project improvement plans.
INFRASTRUCTURE
Dbmestic 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 District. A water main
extension will be required to serve the proposed development. Any easements
required for service extension are required to be recorded prior to recordation
of the final map. The domestic water main extension shall be terminated at the
southerly subdivision boundary for future extension to the remaining property
owners. The applicant may request that the East Bay Municipal Utility
District prepare a determination of "front-foot" hookup charges for those
residences which could ultimately use the main extension but are not part of
the "Main Line Extension Agreement." The District's initial comments on this
project are summarized within their memorandum dated May 2, 2000.
Sewer disposal service shall be from the Central Contra Costa Sanitary District
sewer system in accordance with the requirements of the District.
PAGE 28 OF RESOLUTION NO. 2001-40
Prior to submittal of the final map, the applicant shall provide documentation
that sewer service for the subdivision has been approved by LAFCO and the
Contra Costa Central Sanitary District. District's approval may be in the
form of a will-serve letter. The proposed gravity sanitary sewer main depicted
within "A" Lane which terminates just north of proposed Lot 5 shah be
extended to the subdivision boundary at the terminus of Tassajara Lane for
future extension by others.
Geotechn&al review for hillside sewer design shall be performed to the
satisfaction of the City Engineer.
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 and Water Conservation District.
All reqrfired improvements to area creeks for drainage purposes shall meet the
requirements of existing Town of Danville, Contra Costa County Flood
Control and Water Conservation District, the Department of Fish & Game, the
Department of U.S. Fish and Wildlife, California Regional Water Quality
Control Board and the United States Army Corps of Engineers codes and
policies.
All runoff from 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 systems 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 or
driveways.
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.
PAGE 29 OF RESOLUTION NO. 2001-40
10.
11.
12.
13.
14.
'15.
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 prior to final
map approval.
Electrical, gas, telephone, and cable TV services, shall be provided
underground in accordance with the Town policies and existing ordinances.
All utilities shall be located and provided within public utility easements, sited
to meet utility company standards, or in public streets.
All new utilities required to serve the development shall be installed
underground. Unless otherwise directed, they will need to be sized and
located to accommodate potential future surrounding development.
All street, drainage or grading improvement plans shall be prepared by a
licensed civil engineer.
During the preparation of project improvement plans and grading plans, the
developer shall investigate the feasibility of having some portion of street
drainage directed through grassy or ungrouted rock swales (i.e., "bio-
swales ") before entering Sycamore Creek to meet the Regional Water Quality
Control Board recommended water quality practices as the pertain to water
quality basins and/or bio-swales. Where authorized for use, such swales shall
be designed at the proper gradient to effectively detain storm water runoff and
allow for infiltration. A map showing the bioswales shall beprovided to the
Mosquito Abatement District.
The clean water pond shown on the proposed vesting tentative map on the
lower portion of Parcel A above "A" Lane may be authorized for installation
generally as detailed on those plans. Final design shall be subject to review
and approval by the Town prior to recordation of the final map. A map
showing the pond shall be provided to the Mosquito Abatement District.
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 over which neither the applicant, nor the Town, has
easement rights to allow for the installation of the improvements. The
PAGE 30 OF RESOLUTION NO. 2001-40
applicant shall be responsible for acquisition of said easement rights through
private negotiations. If the applicant is unsuccessful in negotiations, the
applicant shall apply to the Town for use of eminent domain powers in
accordance with Town Resolution No. 78-85. All easement rights shall be
secured prior to Town Council final approval of any subdivision map. All
costs associated with such acquisition shall be 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 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.
A homeowners' association shall be formed for this neighborhood. The
project homeowners' association, through project-specific covenants,
conditions and restrictions (CC&Rs), shall be responsible for maintenance of
all debris-catchment areas, private roads within and accessing the
development, the private bridges, pedestrian ways, common landscape areas,
common fencing, the maintenance of project open space areas, 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 CC&Rs shall also reference the approved residential
design guidelines (see Condition #D.3).
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.
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 framing 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 31 OF RESOLUTION NO. 2001-40
10.
11.
The project shall conform to the Town '~ Inclusionary Housing for Affordable
Residential Housing Ordinance. The developer shall provide at least 10
Below Market Rate units, or up to the entire 23 units as defined by the
Ordinance or second units to the satisfaction of the Planning Division.
The proposed project shall conform to the Town's Stormwater Management
and Discharge Control Ordinance (Ord. No. 94-19) and all applicable
construction and post-construction Best Management Practices (BMPs) for the
site. For example, construction BMPs may include, but are not limited to: the
storage and handling of construction materials, street cleaning, proper disposal
of wastes and debris, painting, concrete operations, dewatering operations,
pavement operations, vehicle/equipment cleaning, maintenance and fueling
and stabilization of construction entrances. Training of contractors on BMPs
for construction activities is a requirement of this permit. At the discretion of
the City Engineer, a Storm Water Pollution Prevention Plan (SWPPP) may be
required for projects under five acres.
Prior to commencement of any site work that will result in a land disturbance
of five acres or more 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, a Notice of Intent (NOI) and Storm
Water Pollution Prevention Plan (SWPPP) shall be filed with the Regional
Water Quality Control Board and a copy given to the City Engineer prior to
commencement of any construction activity. A SWPPP shall be prepared as
part of the preparation of project improvement plans. The SWPPP shall
supplement the erosion control plan prepared for the project, if one is required.
These documents shall also be kept on-site while the project is under
construction.
The development open space area below Lots 21-23, and 11, shall be
coordinated with the adjacent existing open space area associated with the
Brookview neighborhood to result in a larger shared open space area. The
existing fence on the property line between the two open space areas shall be
removed. The final landscape plan shall include significant tree planting in
PAGE 32 OF RESOLUTION NO. 2001-40
this area, on both open space areas, with input from the Brookview
homeowners' association, subject to review and approval by the Design
Review Board. Developer shall demonstrate that the proposal to remove the
fence and to plant trees in both open space areas has been presented to the
Brookview homeowner's association and that a diligent effort has been made
to secure the requisite approvals necessary from the association to do this off-
site work.
APPROVED by the Danville Planning Commission at a regular meeting on July 9, 2002 by
the following vote:
AYE S:
NOES:
ABSTAIN:
ABSENT:
Combs, Condie, Jameson, Legg, Osborn, Storer, Graham
Moran
Chairman
APPROVED AS TO FORM:
Chief of l~.aa~fing
F:lPlanningMpplicationslPUDI1999 PUDIPud99-O4~July 9 2002 Final Reso 200140 updated 7 19 02. doc
PAGE 33 OF RESOLUTION NO. 2001-40