HomeMy WebLinkAbout2002-14RESOLUTION NO. 2002-14
RECOMMENDING THAT THE DANVILLE TOWN COUNCIL ADOPT A
MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL
SIGNIFICANCE AND APPROVE PRELIMINARY DEVELOPMENT
PLAN - REZONING REQUEST PUD 2002-01 AND FINAL
DEVELOPMENT PLAN - MAJOR SUBDIVISION
REQUEST SD 8610 ALLOWING A SEVEN
LOT RESIDENTIAL SUBDIVISION
(APN: 207-061-019, 021 - SMITH/BONNELL)
WHEREAS, Smith Land & Development Co. & Donald and Mary Bonnell (OWNERS) and DK
Associates (APPLICANTS) have requested approval of a Preliminary Development Plan
Rezoning request PUD 2002-01 and Final Development Plan - Major Subdivision request SD
8610 to rezone a 2.29 acre site from P-l; Planned Unit Development District to a new P-l;
Planned Unit Development District and to subdivide the property into seven single family lots;
and
WHEREAS, the subject site is located at 2430 and 2440 Camino Tassajara and is further
identified as Assessor's Parcel Numbers 207-061-019, 021; and
WHEREAS, the Town of Danville P- 1; 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 request; and
WHEREAS, the Town of Danville Subdivision Ordinance requires approval of a tentative
subdivision map prior to the recordation of a final map; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing on
June 27, 2002; and
WHEREAS, a Mitigated Negative Declaration of Environmental Significance has been prepared
for the project indicating that, as amended through project modifications or recommended
conditions of approval, no significant negative 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
recommend that the Town Council approve the Mitigated Negative Declaration of
Environmental Significance and recommend that the Town Council 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 that the
Danville Town Council adopt a Mitigated Negative Declaration of Environmental Significance
and approve Preliminary Development Plan - Rezoning request PUD 2002-01 and Final
Development Plan - Major Subdivision request SD 7610, subject to the conditions contained
herein, and makes the following findings in support of this action:
Preliminary Development Plan - Rezoning
1. The proposed Rezoning will substantially comply with the Danville 2010 General Plan.
The uses authorized or proposed in the land use district are compatible within the district
and to uses authorized in adjacent districts.
3. Conununity need has been demonstrated for the use proposed.
Final Development Plan- Major Subdivision
The proposed subdivision is in substantial conformance with the goals and policies of the
Danville 2010 General Plan.
The design of the proposed subdivision is in substantial conformance with the applicable
zoning regulations.
The design of the subdivision and the type of associated improvements will not likely
cause serious public health problems because water and sanitary facilities services will be
available to the seven 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.
PAGE 2 OF RESOLUTION NO. 2002-14
CONDITIONS OF APPROVAL
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 othe~wvise specified, the following conditions of approval shall be complied with prior to
the Town Council approval of the 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
2002-01 and Final Development Plan - Major Subdivision request SD 8610,
rezoning the subject 2.29 +/- acre property from P-1; Planned Unit Development
District to a new P-1; Planned Unit Development District and subdividing two
existing parcels into seven single family lots. Development shall be substantially
as shown on the project drawings as follows, except as may be modified by
conditions contained herein;
Vesting Tentative Map labeled "Vesting Tentative Map Subdivision
8610," (labeled Sheet 1 of 2) as prepared by dk Associates, Inc., dated
received by the Planning Division on May 8, 2002.
Cross Sections labeled "Creek Cross Sections," (labeled Sheet 2 of 2) as
prepared by dk Associates, Inc. dated received by the Planning Division
on May 8, 2002.
Tree Survey labeled "Retention/Tree Removal Plan," as prepared by dk
Associates, ][nc., dated received by the Planning Division on May 8, 2002.
Aerial Photograph labeled "Subdivision 8610, Smith/Bonnell Properties,"
dated received by the Planning Division on May 8, 2002.
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 Child Care Facilities fee ($2,345.00), B~e Map Revision
PAGE 3 OF RESOLUTION NO. 2002-14
fee ($336.00), Excavation and Mitigation fee ($3,500.00), Engineering Inspection
fee (5% of cost estimate), Improvement Plan Check fee (3% of cost estimate),
Map Check fee ($2,561.00), Storm Water Pollution fee ($259.00), Sycamore
Valley Mitigation fee ($126,000.00), and Th Valley Transportation fee
($11,620.00).
Within thirty days of the effective date of this approval, the applicant shall
reimburse the Town for notifying surrounding neighboring residents of the public
hearing. The fee shall be $353.25 (157 notices X $0.75 per notice X 3
notifications sent).
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 sununarized in their memorandum
dated January 14, 2002.
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. This fee shall be
$1,300.00. This check shall be made payable to the Contra Costa County
Recorder's 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 minimum 3' x 3'
sign at the project entry which specifies the allowable consl:ruction work days and
PAGE 4 OF RESOLUTION NO. 2002-14
10.
11.
12.
13.
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 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 workdays. Dust-
producing activities shall be discontinued during high wind periods.
All physical improvements shall be in place prior to occupancy of any structure in
the project. If occupancy within theproject is requested to occur in phases, all
physical improvements shall be required to be in place prior to occupancy except
for items specifically excluded in a construction-phases occupancy plan approved
by the Planning Division. No structure shall be occupied until construction
activity in the adjoining area is complete and the area is safe, accessible, provided
with all reasonably expected services and amenities, and appropriately separated
from remaining additional construction activity.
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 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.
Planning Division sign-off is required prior to final building inspection sign-off
by the Building Division.
PAGE 5 OF RESOLUTION NO. 2002-14
SITE PLANNING
Ail 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.
LANDSCAPING
All trees shall be a minimum of 15-gallon container size. All trees shall be
properly staked. All remaining shrubs used in the project, which are not used as
ground cover, shall be a minimum of five gallons in size.
Existing trees on the site shall be preserved to the extent practical, as generally
provided for in the project's Retention/Tree Removal Plan. Removal of any
additional trees will be allowed only upon prior written approval from the
Planning Division.
A security deposit in the amount of the assessed value of the Town-protected
tree(s) for which development is proposed to occur within the dripline,
(calculated pursuant to the Town's Tree Protection Ordinance)shall be posted
with the Town prior to the issuance of a grading permit or building permit to
maximize the probability that the affected trees will be retained in good health.
The applicant shall be required to secure an appraisal of the condition and value
of all affected trees. The appraisal shall be done in accordance with the then
current addition of the "Guide for Establishing Values of Tree and Other Plants,"
by the Council of Tree and Landscape Appraisers under the auspices of the
International Society of Arboriculture. The appraisal shall be performed by a
Certified Arborist, and shall be subject to review and approval by the Chief of
Planning. A tree preservation agreement shall be prepared that outlines the
intended and allowed use of fisnds posted as a tree preservation security deposit.
PAGE 6 OF RESOLUTION NO. 2002-14
That portion of the security deposit still held by the Town two fidl growing
seasons afler project completion shall be returned upon verification that the trees
covered by the deposit are as healthy as can be provided for under the terms of
the tree preservation agreement.
As per the Town's Tree Preservation Ordinance, the applicant shall be required
to mitigate the removal of l8 Town-protected trees by the replacement of new
trees in a number and size equal to the cumulative diameter of the trees to be
removed. The exact location of the tree mitigation planting shall be subject to
review and approval by the Planning Division. The Town may consider the
planting of trees off-site, in nearby pubic locations, if found necessary and
appropriate by the Town.
Three trees, (tree numbers 151, 154, and 163) shall bepreserved and relocated on
site as shown on the Retention/Tree Removal Plan prepared for the project.
Survival of these trees shall be guaranteed through the submittal of a security
equal to the appraised value of the trees, as required by the Town's Tree
Preservation Ordinance. After a two year period, the Town shall inspect the trees
to verifi2 the continued health of these trees. Should any of the trees not survive,
the loss of the tree(s) shall be mitigated by the Planting of additional trees as
outlined within the Town's Tree Preservation Ordinance.
ARCHITECTURE
Future development of homes, second dwelling units, project landscaping, and
other aspects of the development of this subdivision shall be subject to review and
approval by the Town under a separate Final Development Plan. The Final
Development Plan shall be subject to review and approval by the Design Review
Board and the Planning Commission.
Future development and allowable and conditional uses within this project shall
comply with the standards contained within the Town's R-7; Single Family
Residential District Ordinance.
For future homes to be built in this development, the maximum building height
shall be two stories or 28 feet, measured to the highest ridgeline.
PAGE 7 OF RESOLUTION NO. 2002-14
GRADING
Any grading on adjacent properties will require prior written approval of those
property owners affected.
At least one week prior to commencement of grading, the applicant shall post the
site and mail to the owners of property within 300 feet of the exterior boundary of
the project site, to the homeowner associations of nearby residential projects and
to the Town of Danville Development Services Department, a notice that
construction work will commence. The notice shall include a list of contact
persons with name, title, phone number and area of responsibility. The person
responsible for maintaining the list shall be included. The list shall be kept current
at all times and shall consist of persons with authority to initiate corrective action
in their area of responsibility. The names of individuals responsible for dust, noise
and litter control shall be expressly identified in the notice.
Development shall be completed in compliance with a detailed soils report and
construction grading plans prepared for this project. The engineering
recommendations outlined in the project specific soils report shall be incorporated
into the design of this project. The report shall include specific recommendations
for foundation design of the proposed buildings and shall be subject to review and
approval by the Town's Engineering and Planning Divisions.
Where soils or geologic conditions encountered in grading operations are different
from that anticipated in the soil report, a revised soils report shall be submitted for
review and approval by the City Engineer. It shall be accompanied by an
engineering and geological opinion as to the safety of the site from settlement and
seismic activity.
All development shall take place in compliance with the Town Erosion Control
Ordinance (Ord. 91-25). Restrictions include limiting construction primarily to
the dry months of the year (May through October). 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 moderu design for resistance to
seismic forces. All new development shall be in accordance with the Uniform
Building Code and Town of Danville Ordinances.
PAGE 8 OF RESOLUTION NO. 2002-14
All cut and fill areas shall be appropriately designed to minimize the effects of
ground shaking and settlement.
Stockpiles of debris, soil, sand or other materials that can be blown by the wind
shall be covered.
If toxic or contaminated soil is encountered during construction, all construction
activity in that area shall cease until the appropriate action is determined and
implemented. The concentrations, extent of the contamination and mitigation
shall be determined by the Contra Costa County Health Department. Suitable
disposal and/or treatment of any contaminated soil shall meet all federal state and
local regulations. If deemed appropriate by the Health Department, the applicant
shall make provisions for immediate containment of the materials.
Runoff from any contaminated soil shall not be allowed to enter any drainage
facility, inlet or creek.
10.
All grading activity shall address National Pollutant Discharge Elimination
system (NPDES) concerns. Specific measures to control sediment runoff,
construction pollution and other potential construction contamination shall be
addressed through the Erosion control Plan (ECP) and Storm Water Pollution
prevention Plan (SWPPP). 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.
STREETS
The applicant shall obtain an encroachment permit from the Engineering Division
prior to commencing any construction activities within any public right-of-way or
easement.
Street signing shall be installed by the applicant as may be required by the City
Engineer. Traffic signs and parking restriction signs, which may be required to be
installed, shall be subject to review and approval by the Transportation Division
and the Police Department.
All mud or dirt carried off the construction site onto adjacent streets shall be
swept each day. Water flushing of site debris or sediment or concrete washing is
expressly prohibited.
PAGE 9 OF RESOLUTION NO. 2002-14
Any damage to street improvements now existing or done dnring construction on
or adjacent to the subject property shall be repaired to the satisfaction of the City
Engineer, at full expense to the applicant. This shall include slurry seal, overlay
or street reconstruction if deemed warranted by the City Engineer.
All improvements within the public right-of-way, including curb, gutter,
sidewalks, driveways, paving and utilities, shall be constructed in accordance with
approved standards and/or plans and shall comply with the standard plans and
specifications of the Development Services Department and Chapters XII and
XXXI of the Town Code. At the time project improvement plans are submitted,
the applicant shall supply to the City Engineer an up-to-date title report for the
subject property.
Handicapped ramps shall be provided and located as required by the City
Engineer.
Public streets shall be improved to the standards in #G.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 Plan 104 a & b.
The applicant shall create a construction stagingplan that addresses the ingress
and egress location for all construction vehicles, parking and material storage
areas. This plan shall be subject to review and approval by the Town prior to the
issuance ora grading permit. The construction staging plan shall not utilize any
portion of the nearby Creekview Subdivision or its roadway system.
The applicant shall be responsible for the installation of public street
improvements along the site's Camino Tassajara frontage. 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; a six-foot wide
meandering sidewalk; border landscaping and irrigation; architectural soundwall,
and necessary pavement transitions. 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.
PAGE 10 OF RESOLUTION NO. 2002-14
10.
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12.
Prior to recordation of the final map, the applicant shall be required to fund a
trad'fic study to determine whether conditions warrant the installation ora new
trqffic signal at the Camino Tassajara and Tassajara Lane intersection. The
traffic study shall take into consideration the additional vehicular trips which
would be created by this development. If warrants ?~br the new signal are
determined to exist, as found by the Town's Transportation Division, the
applicant shall be responsible for the installation of signalization improvements,
including related roadway modifications, ?(bt the intersection of Tassajara Lane
and Camino Tassajara. Ifa traffic signal is found to not be warranted at this
time, the traffic report shall evaluate the safety of left hand turn movements from
Tassajara Lane to west bound Camino Tassajara. If left hand turns are required
to be limited or prohibited, necessary physical improvements (such as the
extension of the median in Camino Tassajara) and/or signage and striping shall
be considered as part of the report, subject to review and approval by the City
Engineer. The work scope for the traffic signal design shall be as prepared by the
Town's Traffic Engineer. The signal design is the responsibility of the applicant.
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 o fa benefit district
based upon an equitable distribution of costs.
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.
The applicant shall be responsible for the improvement of Tassajara Lane, from
Camino Tassajara to the intersection of this development's access street (Cross
Bridge Drive as shown on the tentative map) converting the existing private street
topublicstreetstandards. Theimprovementsinstalledshallincludeatemporary
hammerhead turn-around at the Tassajara Lane and Cross Bridge Drive
intersection. The roadway shall be of adequate width and design to meet the
minimum access requirements of the San Ramon Valley Fire Protection District,
subject to review and approval by the City Engineer. Road improvements
installed 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~gbr by the Danville 2010 General Plan. The installation of
these improvements appears to benefit properties not under the control of the
PAGE 11 OF RESOLUTION NO. 2002-14
13.
14.
15.
16.
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 ora benefit district
based upon an equitable distribution of costs.
The design, location, construction materials and precise siting of the 2-4 foot high
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.
The applicant shall be responsible for the construction of an approximately 225
foot long 8-10 foot wide pedestrian creek trail on the south side of Sycamore
Creek adjacent to the subject development. The trail shall be graded and
graveled, but not surfaced with asphalt at this time. Per Town Ordinance 76-85,
the applicant may apply to the 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.
The applicant shall be responsible for the construction of an architectural
soundwall along the site's Camino Tassajara frontage and at the corner pf
Tassajara Lane and Camino Tassajara (extending 75 feet +/- south from the
wall'x location along Camino Tassajara), pavement transitions and other typical
roadway related improvements deemed necessary and appropriate during the
review and approval of construction improvement drawings. At the west end of
the wall, atproperty line of the adjacent Sherman parcel, the sound wall shall be
design to return to the south and step down in height to provide for an
appropriate interim termination. Per Town Ordinance 76-85, the applicant may
apply to Town Councilj~br the creation o fa 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.
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
and Tassajara Lane prior to starting work on the improvement plans. The sketch
PAGE 12 OF RESOLUTION NO. 2002-14
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.
IiqFRASTRUCTURE
Domestic water supply shall be from an existing public water system. Water
supply service shall be from the East Bay Municipal Utility District water system
in accordance with the requirements of District. The District's initial comments
on this project are summarized within their memorandum dated January 23, 2002.
All wastewater shall be disposed into an existing sewer system. Sewer disposal
service shall be from the Central Contra Costa Sanitary District sewer system in
accordance with the requirements of the District.
Drainage facilities and easements shall be provided to the satisfaction of the City
Engineer and/or the Chief Engineer of the Contra Costa County Flood Control &
Water Conservation District.
All required improvements to area creeks for drainage purposes shall meet the
requirements of existing Town of Danville, Contra Costa County Flood Control &
Water Conservation District, the Department ofFish & 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.
Any portion of the drainage system that conveys runoff from public streets shall
be installed within a dedicated drainage easement, or public street.
Ifa 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 13 OF RESOLUTION NO. 2002-14
10.
11.
12.
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.
All new utilities required to serve the development shall be installed underground.
All street, drainage or grading improvement plans shall be prepared by a licensed
civil engineer.
The applicant shah develop and incorporate Best Management Practices
(BMP 's), such as the following, into the project design in accordance with the
Town of Danville Clean Water Program for the site's storm water drainage, as
found necessary/appropriate by the City Engineer:
Direct storm water runoff'through grassy or ungrouted rock swales before
entering Sycamore Creek. The swales shall be designed at the proper
gradient to effectively detain storm water runoff and allow for infiltration.
Use of roof leaders, where possible, that drain across grassy landscape
areas before entering the drainage systems.
Use of pavers for household wallcways to reduce the amount of directly
connected impervious surface areas.
d. Filtering inlets.
e. Public Education Program.
f Thermoplastic stencils on all outlets.
g. Other measures appropriate to the site and watershed elements.
PAGE 14 OF RESOLUTION NO. 2002-14
13.
If determined to be desirable by the applicant, and appropriate by the City
Engineer, public utility connections, such as water, sewer, and storm drain, may
be designed to be located within the public utility easement to be acquired over
the Sherman parcel to the west, and may connect to existing public utilities within
the Creek View subdivision. The final design is subject to review and approval
by the City Engineer.
MISCELLANEOUS
The project shall be constructed as approved. Minor modifications in the design,
but not the use, may be approved by the Planning Division. Any other change
will require Planning Commission approval through the Development Plan review
process.
Conditions of this approval may require the applicant to install public
improvements on land over which neither the applicant, nor the Town, has
easement rights to allow for the installation of the improvements. The applicant
shall be responsible for acquisition of said easement rights through private
negotiations. If the applicant is unsuccessful in negotiations, the applicant shall
apply to the Town for use of eminent domain powers in accordance with Town
Resolution No. 78-85. All easement rights shall be secured prior to Town
Council final approval of any subdivision map. All costs associated with such
acquisition shall be borne by the applicant.
3. 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.
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.
The proposed project shall conform to the Town's Stormwater Management and
Discharge Control Ordinance (Ord. No. 94-19) and all applicable construction
PAGE 15 OF RESOLUTION NO. 2002-14
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 kVater Pollution Prevention Plan (SkVPPP) may be
required for projects under five acres.
SECOND DWELLING UNITS
This permit pre-authorizes the construction of up to five second dwelling units as
part of this development, to be located on Parcels 1, 2, 3, 6, and 7. The location
of the second dwelling units shall be generally as shown on the approved
development plan for this project, subject to review and approval by the Planning
Division prior to issuance of a building permit. Concurrently with the recordation
of the final map for this project, the applicant shall record a notification to run
with the title of each lot which notifies all future property owners of the pre-
authorized second dwelling units as part of the development.
The colors and materials of the second dwelling unit shall match the existing
primary residence.
Prior to the issuance of a building permit for the construction of the second dwelling
unit, the applicant shall submit written documentation that all requirements of the
San Ramon Valley Fire Protection District and the San Ramon Valley Unified School
District have been met to the satisfaction of these respective agencies.
The property owner shall occupy either the principal or the secondary residential
unit. If neither unit is owner-occupied, then the use of the property shall revert to
a single family occupancy. Nothing in this section shall be construed to prohibit
one or both of the units remaining vacant.
Before obtaining a Building Permit for a second dwelling unit, the property owner
shall file with the County Recorder a declaration or an agreement of restrictions,
which has been approved by the City Attorney as to its form and content, and
stating that:
The second dwelling unit shall not be sold separately and may not be
subdivided off from the principal residential unit.
PAGE 16 OF RESOLUTION NO. 2002-14
b. The second dwelling unit is restricted to the approved size.
The restrictions shall be binding upon any successor in ownership or the
property and lack of compliance shall result in proceedings to revoke the
approval for the second dwelling unit.
The approval allowing the second dwelling unit shall be in effect only so
long as either the primary residence, or the second dwelling unit is
occupied by the owner of record of the property.
The size of the second dwelling unit on each lot shall comply with the size
requirements specified within the Town's Second Dwelling Unit Ordinance (i.e.,
maximum size of 750 square feet if the primary residence is less than 2,500
square feet and a maximum size of 1,000 square feet if the size of the primary
residence is 2,500 square feet or greater).
APPROVED by the Danville Planning Commission at a regular meeting on June 27, 2002, by
the following vote:
AYES:
NOES: -
ABSTAINED: Moran
ABSENT: Dsborn
Combs, Condie, Jameson, Legg, Storer, Graham
APPROVED AS TO FORM:
City Attorney
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PAGE 17 OF RESOLUTION NO. 2002-14