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HomeMy WebLinkAbout2002-27RESOLUTION NO. 2002-27 APPROVING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND APPROVING DEVELOPMENT PLAN REQUEST DP 2001-45, LAND USE PERMIT REQUEST LUP 2001-39, AND SIGN REVIEW REQUEST 2001- 28 ALLOWING THE DEVELOPMENT OF A 13,777 +/- SQUARE FOOT HOUSE OF WORSHIP AND AN 11,570 +/- SQUARE FOOT ADMINISTRATIVE OFFICE AND EDUCATION FACILITY FOR AFTER SCHOOL AND SUNDAY SCHOOL PROGRAMS. THE SIGN REVIEW ALLOWS THE INSTALLATION OF A GROUND-MOUNTED IDENTIFICTION SIGN (APN: 215-330-018) BETH CHAIM CONGREGATION WHEREAS, BETH CHAIM CONGREGATION (Applicant) EDWARD AND BEVERLY HOLBROOK (Owners) have requested approval of Development Plan request DP 2001-45, Land Use Permit request LUP 2001-39, and Sign Review request SR 2001-28 to allow the construction and operation of a 13,777 +/- square foot house of worship and an 11,570 +/- square foot administrative office and education facility for after school and Sunday school programs; and WHEREAS, the Sign Review request would allow the installation of a ground-mounted identification sign; and WHEREAS, the subject site is 4.46+/- acres in size and is located at 250 Holbrook Drive and is further identified as Assessor's Parcel Number 215-330-018; and WHEREAS, the Town of Danville P-l; Planned Unit Development District Ordinance requires approval of a Final Development Plan and Land Use Permit prior to the establishment of a worship, school, and administrative facility; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on November 12, 2002; 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, the project is not expected to have any significant negative environmental impacts; and WHEREAS, the public notice of this action was given in all respects as required by law; and WHEREAS, a staff report was submitted recommending that the Planning Commission approve the request; and WHEREAS, the Planning Commission did hear and consider all reports, recommendations, and testimony submitted in writing and presented at the hearing; now, therefore, be it RESOLVED that the Planning Commission of the Town of Danville approves the Mitigated Negative Declaration of Environmental Significance and approves the Development Plan (DP 2001-45), Land Use Permit (LUP 2001-39) and Sign Review (SR 2001-28) requests per the conditions contained herein, and makes the following findings in support of this action: Development Plan The proposed development will not be detrimental to the to the health, safety, and general welfare of the Town. The development will not adversely affect the orderly development of property within the Town. The development will not adversely affect the preservation of property values and the protection of the tax base within the Town. The development will not adversely affect the policy and goals as set by the 2010 General Plan. The development will not create a nuisance and~ or enforcement problem within the neighborhood or community. The development will not encourage marginal development within the neighborhood. Land Use Permit The proposed land use will not be detrimental to the to the health, safety, and general welfare of the Town. The land use will not adversely affect the orderly development of property within the Town. The land use will not adversely affect the preservation of property values and the protection of the tax base within the Town. The land use will not adversely affect the policy and goals as set by the 2010 General Plan. PAGE 2 OF RESOLUTION NO. 2002-27 The land use will not create a nuisance and~or enforcement problem within the neighborhood or community. 6. The land use will not encourage marginal development within the neighborhood. Sign Review The signage is consistent in character with the Town's commercial design guidelines, is compatible with project architecture, and is no larger than necessary for adequate identification. The signage will serve primarily to identify the business, establishment or type of activity conducted on the premises, or the product, service or interest being exhibited or offered for sale, rent or lease on the premises. 3. The signage will not excessively compete for the public's attention. The signage will be harmonious with the materials, color, texture, size, shape, height, location, design and in proportion with the architectural style of the building, property or environment of which they are a part. The design of the signage will be consistent with professional graphic and structural standards. Signage illumination will be at the lowest level consistent with adequate identification and readability. CONDITIONS OF APPROVAL Conditions of approval with an asterisk (,,,) in the left-hand colunm 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 issuance of a building permit for the project. Each item is subject to review and approval by the Planning Division unless otherwise specified. PAGE 3 OF RESOLUTION NO. 2002-27 GENERAL This approval is for Development Plan, Land Use Permit, and Sign Review requests to allow the construction and operation of a 13,777 +/- square foot house of worship and an 11,570 +/~ square foot administrative office and education facility for after school and Sunday school programs. The Sign Review request would allow the installation of a ground-mounted identification sign. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; Site Plan, Elevations, Grading and Drainage Plan, Floor Plans, labeled "Beth Chaim Congregation," as prepared by Goldman Architects, consisting of 15 sheets, dated received by the Planning Division on November 1, 2002. Preliminary Planting Plan labeled "Beth Chaim Congregation," as prepared by Nuvis Landscape Architecture and Planning, consisting of 2 sheets, dated received by the Planning Division on November 1, 2002. Sycamore Valley School Parking Lot Improvement Plan, prepared by Hexagon Transportation consultants, Inc., dated received by the Planning Division on November 1, 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 a building permit for this project. Notice should be taken specifically of the Town's Engineering Inspection Fee (5% of cost estimate), Excavation Mitigation Fee (Flood Control) ($13,151.10), Grading Permit, Inspection, & Plan Check Fee (to be determined), Improvement Plan Check Fee (3% of site cost estimate), Storm Water Pollution Program Fee ($662.00), Sycamore Valley Mitigation Fee ($170,099.00). Prior to the issuance of a building permit, the applicant shall reimburse the Town for notifying surrounding neighboring residents of the public hearing. The fee shall be $ 361.50 (241 notices X $0.75 per notice X 2 notices). Prior to the issuance of grading or building permits, the applicant shall submit written documentation that all requirements of the San Ramon Valley PAGE 4 OF RESOLUTION NO. 2002-27 Fire Protection District have been, or will be, met to the satisfaction of the district. The applicant shall submit to the Town of Danville fees required to file a Notice of Determination for this project as required by AB 3185. The fee shall be $25.00 (project has been found to be "de Minimus,' indicating that there is no potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends). 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 resume 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 zoriting by the City Engineer for general construction activity and the Chief Building Official for building construction activity. Prior to any construction work on the site, including grading, the applicant shall install a minimum 3' x 3' sign at the project entry which specifies the allowable construction work days and hours, and lists the name and contact person for the overall project manager and all contractors and sub-contractors working on the job. 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. PAGE 5 OF RESOLUTION NO. 2002-27 10. 11. 12. 13. 14. 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 the project is requested to occur in phases, all physical improvements shall be required to be in place prior to occupancy except for items specifically excluded in a construction-phases occupancy plan approved by the Planning Division. No structure shall be occupied until construction activity in the adjoining area is complete and the area is safe, accessible, provided with all reasonably expected services and amenities, and appropriately separated from remaining additional construction activity, As part of the initial submittal for the building permit review process, 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. Occupancy of this facility shall be limited so an not to exceed the on-site parking supply (i.e., 159 parking spaces): For the sanctuary, the maximum occupancy shall be 477 congregates and participants normally associated with worship services. Weekly worship services may occur weekly on Friday evenings between the hours of approximately 6:30 p.m. and 10:00 p.m. and Saturday mornings between the hours of approximately 8:30 a.m. and 2:00 p.m. No other use or combination of uses on the site which exceeds the parking supply shall be allowed during these time periods. PAGE 6 OF RESOLUTION NO. 2002-27 This permit authorizes an after school education program and Sunday School program on the site. These programs may occur during the months of September through May, on Tuesday and Thursday evenings between the hours of approximately 4:00 p.m. and 7:00 p.m. (after school education program) and Sunday mornings between the hours of approximately (9:00 a.m. and 12:00 noon). No other use or combination of uses on the site which exceeds the parking supply shall be allowed during these time periods. Special services/gatherings throughout the year for specific religious holidays, weddings, funerals, etc. shall be scheduled to avoid the peak hour traffic periods on Holbrook Drive (i.e., weekday mornings between 8:00a.m. and 8:30 a.m. and weekday afternoons between 2:00 p.m. and 3:30 p.m. when Sycamore Valley Elementary School is in session). No other use or combination of uses on the site which exceeds the parking supply shall be allowed. SITE PLANNING 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 Final landscape and irrigation plans (with planting shown at 1"=20' scale) shall be submitted for review and approval by the Planning Division. The plan shall include common names of all plant materials and shall indicate the size that various plant materials will achieve within a five-year period of time. All plant material shall be served by an automatic underground irrigation system and maintained in a healthy growing condition. Irrigation shall comply with Town of Danville Landscape Ordinance #91-14 and landscape guidelines and shall be designed to avoid runoff and overspray. Proposed PAGE 7 OF RESOLUTION NO. 2002-27 common maintenance lawn areas within the project shall not exceed a maximum of 25 percent of proposed common landscaped areas. All trees shall be a minimum of 15-gallon container size. All trees shall be properly staked. All remaining shrubs used in the project, which are not used as ground cover, shall be a minimum of five gallons in size. A minimum of 25% of the true shrubs planted in the project (i.e., not including Lily of the Nile, Tawny Day Lily and equivalent) shall be 10 or 15- gallon container size shrubs. All landscaped areas not covered by shrubs and trees shall be planted with live ground cover. All proposed ground cover shall be placed so that they fill in within two years. In order to provide a buffer between the project site and the residential neighborhood to the east (Trish Court), as part of the development the applicant shall be required to construct a six foot high soundwall along the eastern property line. This soundwall shall be constructed immediately after the completion of grading activities and prior to issuance of a building permit for the project buildings. In addition, substantial landscape screening, including specimen trees, shall be planted along the east property line. Finally, exterior lights shall be kept at a low level so that the light source is not visible from the residences to the east. 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. No light shall be allowed high enough on the building wall to be visible from the residential neighborhood directly to the east. The redwood trees to be planted along the east property line shall be clustered and staggered to provide a natural appearance, rather than a straight line of trees, subject to review and approval by the Design Review Board prior to issuance of building permits for the project. The applicant shall work with the adjacent property owners to determine the exact location and type of trees to be planted along the east property line. Documentation of efforts to incorporate adjacent property owners requests shall be submitted to the Town prior to issuance of building permits for the project. 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. PAGE 8 OF RESOLUTION NO. 2002-27 All trash and refuse shall be contained within enclosures architecturally compatible with the project architecture. Enclosure design shall include six- foot high masonry walls on three sides with steel framed gates and wood bolted to the gates. Gates will be self-closing and self-latching. Prior to issuance of a building permit, the applicant shall document that all trash/recycling areas are appropriately sized and located. The trash and recycling area(s) shall be covered and curbed so as not to allow storm water run-off and run-on from adjacent areas. The area drains for the trash and recycling area(s) shall be connected to the sanitary sewer, not the storm drain system. 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. Samples of final materials and the proposed color palette shall be submitted for review and approval by the Design Review Board prior to the issuance of building permits for the project. Final architectural elevations, details and revisions shall be submitted for review and approval by the Design Review Board prior to issuance of building permits for the project. Six full sized sets of construction drawings for the project shall be submitted to the Planning Division for design review concurrent or prior to, the applicant initiating the Building Division plan check process. Color mock-ups shall be made available at the project site for review and approval by the Design Review Board prior to the final inspection of the project. This approval includes a monument identification sign near the corner of Camino Tassajara and Holbrook Drive. All aspects of the sign shall consistent with the standards for ground signs contained within the Town's Sign Ordinance. Final design of the monument sign shall be subject to review and approval by the Design Review Board prior to issuance of building permits for the project. Prior to issuance of building permits for the project, the applicant shall further study the possibility of modifying the design of some of the cupola elements on the administrative building in order to reduce the repetitive appearance of these elements. The final design of these elements shall be subject to review and approval by the Design Review Board prior to issuance of building permits for the project. PAGE 9 OF RESOLUTION NO. 2002-27 Prior to issuance of building permits for the project, the applicant shall further study the possibility of increasing the height of the limestone ledge element of the building. The final design of these elements shall be subject to review and approval by the Design Review Board prior to issuance of building permits for the project. The trellis structures within the project shall be constructed of materials to provide a substantial appearance. Final design shall be subject to review and approval by the Design Review Board prior to issuance of building permits for the project. 10. The sound wall along the east property line shall be constructed of concrete or masonry blocks, and shall be rough trough on both sides. The color ofthe wall shall be subject to review and approval by the Town, with input from adjacent property owners, prior to issuance of building permits for the project. 11. The number of proposed exterior wall lights shall be limited to the number necessary to provide the minimum necessary lighting for outdoor use areas. The number and placements of these lights shall be subject to review and approval by the Design Review Board prior to issuance of building permits for the project. PARKING All parking spaces shall be striped and provided with wheel stops unless they are fronted by concrete curbs, in which case sufficient areas shall be provided beyond the ends of all parking spaces to accommodate the overhang of automobiles. Where authorized, compact car spaces shall be clearly designated with appropriate pavement marking or signage. Compact spaces shall be no less than 8 feet by 16 feet in size, including allowable overhang. At any time in the future, should traffic/parking associated with the facility's peak parking demand activities (i.e., services related to High Holy days) lead to a significant impact on the area, the Town may require the creation and implementation of a parking management plan. The parking management blan may include elements such as organized car pooling and/or the organization of a shuttle system allowing congregates to park at an alternate location and shuttle to the facility. PAGE 10 OF RESOLUTION NO. 2002-27 The parking lot, adjacent to the east property line and north of the worship building, shall be modified to provide a greater setback from the east property line. The eastern edge of the this parking lot shall be aligned approximately with the eastern wall of the worship facility, resulting in the movement of the parking lot 30+/- feet to the west. This additional setback area shall landscaped with fast growing evergreen trees to provide a substantial buffer from the parking lot and the residential neighborhood to the east. 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 the construction grading plans prepared for this project. The engineering recommendations outlined in the project specific soils report shall be incorporated into the design of this project. The report shall include specific recommendations for foundation design of the proposed buildings and shall be subject to review and approval by the Town's Engineering and Planning Divisions. Where soils or geologic conditions encountered in grading operations are different from that anticipated in the soil report, a revised soils report shall be submitted for review and approval by the City Engineer. It shall be accompanied by an engineering and geological opinion as to the safety of the site from settlement and seismic activity. PAGE 11 OF RESOLUTION NO. 2002-27 10. 11. 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 modern design for resistance to seismic forces. All new development shall be in accordance with the Uniform Building Code and Town of Danville Ordinances. All cut and fill areas shall be appropriately designed to minimize the effects of ground shaking and settlement. Stockpiles of debris, soil, sand or other materials that can be blown by the wind shall be covered. If toxic or contaminated soil is encountered during construction, all construction activity in that area shall cease until the appropriate action is determined and implemented. The concentrations, extent of the contamination and mitigation shall be determined by the Contra Costa County Health Department. Suitable disposal and/or treatment of any contaminated soil shall meet all federal state and local regulations. If deemed appropriate by the Health Department, the applicant shall make provisions for immediate containment of the materials. Runoff from any contaminated soil shall not be allowed to enter any drainage facility, inlet or creek. 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. Development shall be completed in compliance with the Geotechnical Exploration prepared for the project by Engeo Incorporated, dated October 22, 2001. PAGE 12 OF RESOLUTION NO. 2002-27 12. Boring information indicated that the previous slide repair on the site may not be benched into competent bedrock. In conjunction with this project, the applicant shall excavate a new buttress fill within the synagogue site and be extended to competent bedrock. In addition, a subdrain shall be installed at the bottom of the new buttress fill. Details of this work shall be included in the final geotechnical report and grading plans for the project subject to review and approval by the Town prior to issuance of building permits for the project. 13. The geotechnical report prepared for the project indicates that the site soil and bedrock have a high expansive potential. As a result, the build pad and footings could experience differential movements. The final soils report and foundation design shall include an analysis of this issue and the foundation shall be designed in conformance with the recommendations of the report, subject to review and approval by the Town. 14. The final foundation design shall include subdrains behind the basement walls to extend below the basement slab elevation in order to provide proper drainage at the basement location. 15. Grading activities and soils removal activities related to this development shall be limited to occur during the time period when Sycamore Valley Elementary School is on summer break. 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. Any damage to street improvements now existing or done during construction on or adjacent to the subject property shall be repaired to the satisfaction of the City Engineer, at full expense to the applicant. This shall include slurry seal, overlay or street reconstruction if deemed warranted by the City Engineer. PAGE 13 OF RESOLUTION NO. 2002-27 10. 11. 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 southernmost project driveway shall be limited to right-turn in and right-turn out movements only. The applicant shall be responsible for lengthening the east bound left-turn turn lane on Camino Tassajara an additional 40feet. This will require modifications to the existing median on Camino Tassajara. This improvement shall be completed prior to occupancy of either building in this project. As part of this development, the applicant shall complete improvements to the existing roadway/parking lot which serves Sycamore Valley Elementary School and Sycamore Valley Park. Improvements shall be substantially as shown on the plan referenced under Condition of Approval A.l.c. above, subject to final review and approval by the Town and the San Ramon Valley Unified School District. The improvements shall include: removal of the landscaping island in front of the school to allow more efficient flow through the parking lot; the addition of 16 parking spaces in this parking lot area; relocation of the bus stop from in front of the school to be around the corner of the building in front of the child care area on the new parking lot area; minor striping changes to direct traffic flow and keep access clear for bus departures. Parking in the northern portion of the new parking lot (approximately 85 parking spaces) shall be made available for staff parking for Sycamore Valley Elementary School during school hours. In addition, the parking lot shall be available for overflow parking for activities at Sycamore Valley Park during PAGE 14 OF RESOLUTION NO. 2002-27 non peak use periods for the facility. Documentation of a private agreement setting forth this agreement for Sycamore Valley School staff parking and bus loading and circulation (as described in the above condition) and appropriate agreements with the Town allowing public use for Sycamore Valley Park overflow parking shall be submitted to the Town prior to issuance of a grading permit for the project. 12. No connections, inchiding vehicular or pedestrian, shall be allowed between the facility and the residential area to the east. No construction equipment shall be allowed to access the site from the residential area to the east. INFRASTRUCTURE Domestic water supply shall be from an existing public water system. Water supply service shall be from the East Bay Municipal Utility District water system in accordance with the requirements of District. All wastewater shall be disposed into an existing sewer system. Sewer disposal service shall be from the Central Contra Costa Sanitary District sewer system in accordance with the requirements of the District. Drainage facilities and easements shall be provided to the satisfaction of the City Engineer and/or the Chief Engineer of the Contra Costa County Flood Control & Water Conservation District. All runoff from impervious surfaces shall be intercepted at the project boundary and shall be collected and conducted via an appi'oved 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. 6~ Any portion of the drainage system that conveys runoff from public streets shall be installed within a dedicated drainage easement, or public street. PAGE 15 OF RESOLUTION NO. 2002-27 If a storm drain must cross a lot, or be in an easement between lots, the easement shall be equal to or at least double the depth of the storm drain. The applicant shall furnish proof to the City Engineer of the acquisition of all necessary rights of entry, permits and/or easements for the construction of off-site temporary or permanent road and drainage improvements. Electrical, gas, telephone, and cable TV services, shall be provided underground in accordance with the Town policies and existing ordinances. All utilities shall be located and provided within public utility easements, sited to meet utility company standards, or in public streets. 10. All new utilities required to serve the development shall be installed underground. 11. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. 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 applicant shall be responsible for acquisition of said easement rights through private negotiations. 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. 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 16 OF RESOLUTION NO. 2002-27 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, 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. 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. PAGE 17 OF RESOLUTION NO. 2002-27 APPROVED by the Danville Planning Commission at a regular meeting on November 12, 2002, by the following vote: AYES: NOES: ABSTAINED: ABSENT: Condie, Combs, Moran, Storer, Graham Chairman APPROVED AS TO FORM: City Attorney ~ng PAGE 18 OF RESOLUTION NO. 2002-27