HomeMy WebLinkAbout2003-03RESOLUTION NO. 2003-03
A RESOLUTION OF THE PLANNING COMMISSION OF THE
TOWN OF DANVILLE APPROVING A MITIGATED NEGATIVE
DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND
APPROVING PRELIMINARY DEVELOPMENT PLAN - REZONING
REQUEST PUD 2002-04 AND FINAL DEVELOPMENT PLAN
REQUEST MS 856-2002 AND 2002-08 ALLOWING A THREE LOT
RESIDENTIAL DEVELOPMENT WITH TWO SINGLE-FAMILY
HOMES AND THREE ATTACHED UNITS
(APN: 208-031-002 - EL DORADO OAKS)
WHEREAS, Joy Pratt and Richard Madrid (Owners) and Barry & Volkmaim Architects
(Applicant) have requested approval of a Preliminary Development Plan - Rezoning
request PUD 2002-04 and Final Development Plan - Minor Subdivision request MS 856-
2002 and DP 2002-08 to rezone a 0.344 +/- acre site from an M-29; Multiple Family
Residential District, to a P-l; Planned Unit Development District, allowing the subdivision
of the lot into three parcels and allowing the development of two single-family homes and
a three unit apartment building; and
WHEREAS, the subject site is located at 152 and 154 E1 Dorado Avenue, and is further
identified as Assessor's Parcel Number 208-031-002; and
WHEREAS, the Town of Danville P-l; Planned Unit Development District requires
approval of a Preliminary Development Plan - Rezoning request prior to approval of a
Final Development Plan - Minor Subdivision request; and
WHEREAS, the Town of Danville Subdivision Ordinance requires approval of a tentative
map prior to recordation of a final map; 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 negative impacts are expected to be
associated with the project; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing on
January 28, 2003; 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 Plam~ing 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 recommend that the
Town Council adopt a Mitigated Negative Declaration of Environmental Significance and
approve Preliminary Development Plan - Rezoning request PUD 2002-04 and Final
Development Plan- Minor Subdivision request MS 856-2002 and DP 2002-08, subject to the
conditions contained herein, and make the following findings in support of this action:
Preliminary Development Plan - Rezoning:
1. The proposed Rezoning will substantially comply with the 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. Community need has been demonstrated for the use proposed.
Final Development Plan - Minor Subdivision:
The proposed subdivision is in substantial conformance with the goals and policies
of the 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 three new parcels.
The density of the subdivision is physically suitable for the subject site and
surrounding neighborhood because the density proposed is less than the allowed
density for a parcel of this size and as allowed under the 2010 General Plan.
The design of the proposed subdivision and improvements are not likely to cause
substantial environmental damage or subsequently injure fish or wildlife or their
PAGE 2 OF RESOLUTION NO. 2003-03
habitat since this property is in an area where residential development has
previously occurred.
The design of the proposed subdivision and proposed improvements will not
conflict with easements, acquired by the public at large, for access through or use of,
property within the proposed subdivision.
CONDITIONS OF APPROVAL
Conditions of approval with an asterisk ("*") in the left-hand column are standard project
conditions of approval.
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 a Preliminary Development Plan - Rezoning request
PUD 2002-04 and Final Development Plan - Minor Subdivision request MS
856-2002 and DP 2002-08, rezoning the subject 0.344 +/- acre parcel from an
M-29; Multiple Family Residential District to a new P-l; Planned Unit
Development District and to subdivide the site into three parcels, and
allowing the development of two single-family homes and a three unit
apartment building. Development shall be substantially as shown on the
project drawings as follows, except as may be modified by conditions
contained herein;
Site plan, architectural plans, preliminary landscape plan, floor plans,
elevations, and M-29 baseline comparison plan labeled "El Dorado
Oaks," as prepared by Barry and Volkmann Architects, consisting of nine
sheets, dated received by the Planning Division on January 15, 2003.
Vesting Tentative Parcel Map MS 856-2002 titled "152 E1 Dorado
Avenue," grading and drainage plan, and street alignment plan as
prepared by DeBolt Civil Engineering, consisting of 3 sheets, dated
received by the Planning Division on January 15, 2003.
Design Booklet, entitled "El Dorado Oaks Multi-Family Residences," as
prepared by Barry and Volkmann Architects, dated received by the
Planning Division on January 15, 2003.
PAGE 3 OF RESOLUTION NO. 2003-03
Arborist Report, (as contained within the design booklet incorporated in
condition of approval A.1.C above), as prepared by Bartlett Tree Experts,
dated November 9, 2001, along with addendum letters dated July 12, 2002
and October 2, 2002.
e. Geotechnical Report labeled "Geotechnical Investigation Proposed
Residential Development E1 Dorado Oaks," as prepared by Nicholas
Engineering Consultants on July 15, 2002.
The applicant shall pay or be subject to any and all Town and other related
fees that the property may be subject to. These fees shall be based on the
current fee schedule in effect at the time the relevant permits are secured,
and shall be paid prior to issuance of said permit and prior to any Town
Council final approval action. Notice should be taken specifically of the
Town's Transportation Improvement Program (TIP) fee ($2000/unit), Tri-
Valley Transportation Fee ($1,660/unit) Southern Contra Costa County Sub-
Regional fee ($891/unit), Park Land In-lieu fee ($2880/unit) and Child Care
Facilities fee ($335/unit), Flood Control & Water Conservation District
(Drainage Areas and Mitigation fee ($655/unit) and Excavation Mitigation
Fee ($190/unit)), Storm Water Pollution Program Fee ($37/unit) and Plan
Checking and Inspection fees.
Prior to the issuance of a grading or building permit, whichever occurs first,
the applicant shall reimburse the Town for notifying surrounding
neighboring residents of the public hearing. The fee shall be $279.00 (124
notices X $0.75 per notice x three notices).
Prior to the issuance of grading or building permits, the applicant shall
submit written documentation that all requirements of the San Ramon Valley
Fire Protection District (SRVFPD) and the San Ramon Valley Unified School
District have been, or will be, met to the satisfaction of these respective
agencies. The SRVFPD's initial comments on this project are summarized in
part in their memorandum dated April 17, 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. 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.
PAGE 4 OF RESOLUTION NO. 2003-03
10.
11.
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. ·
Prior to issuance ora grading permit, the applicant shall hire a historical resource
consultant to determine whether the site contains archaeological resources, and
prepare a report stating the findings. All work must comply with the requirements
of the California Historical Resources Information System (CHRIS). The report
shall be subject to the review and approval of CHRIS and the Town of Danville
Planning Division.
Construction activity shall be restricted to the period between the weekday
hours of 8:00 a.m. to 6:00 p.m. (Mondays through Fridays), unless otherwise
approved in writing by the City Engineer for general construction activity
and the Chief Building Official for building construction activity. Prior to
any construction work on the site, including grading, the applicant shall
install a minimum 3' x 3' sign at the project entry which specifies the
allowable construction work days and hours, and lists the name and contact
person for the overall project manager and all contractors and sub-
contractors working on the job.
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 ail on and off-site
construction activities. Equipment and human resources for watering all
exposed or disturbed soil surfaces shall be supplied on weekends and
PAGE 5 OF RESOLUTION NO. 2003-03
12.
13.
14.
holidays as well as workdays. Dust-producing activities shall be
discontinued during high wind periods.
If the applicant intends to construct the project in phases, then the first
submittal for building permits shall be accompanied by an overall phasing
plan. This plan shall address: off-site improvements to be installed in
conjunction with each phase; erosion control for undeveloped portions of the
site; and phasing of project grading. The phasing plan shall be subject to the
review and approval of the City Engineer and Chief of Planning.
As part of the initial submittal for the final map, plan check, and/or building
permit review process (whichever occurs first), the applicant shall submit a
written Compliance Report detailing how the conditions of approval for this
project 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.
Allowable land uses and conditional land uses within this development shall
be as allowed under the Town's M-29; Multiple Family Residential District
Ordinance.
15.
Planning Division sign-off is required prior to final building inspection sign-
off by the Building Division.
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.
PAGE 6 OF RESOLUTION NO. 2003-03
The applicant shall work with the East Bay Regional Parks District and the
Town of Danville to pursue creating access between the project and the Iron
Horse Trail, prior to issuance of building permits.
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. No planting or irrigation other than that which would be natural for
Oak trees shall be placed within the dripline of the trees.
All plant material shall be served by an automatic underground irrigation
system and maintained in a healthy growing condition. Irrigation shall
comply with Town of Danville Landscape Ordinance #91-14 and landscape
guidelines and shall be designed to avoid runoff and overspray. Proposed
common maintenance lawn areas within the project shall not exceed a
maximum of 25 percent of proposed common landscaped areas.
All trees shall be a minimum of 15 gallon container size. All trees shall be
properly staked. All remaining shrubs used in the project, which are not
used as ground cover, shall be a minimum of five gallons in size.
All landscaped areas not covered by shrubs and trees shall be planted with
live ground cover, except as noted in item C.1 above. All proposed ground
cover shall be placed so that they fill in within two years.
The seven inch Peach tree located in the interior of the site shall be permitted
to be removed. All other existing trees on the site shall be preserved to the
extent practical. Removal will be allowed only upon prior written approval
from the Planning Division.
The tree preservation guidelines established in the tree survey/arborist
report performed for this site, prepared by Bartlett Tree Experts and dated
November 9, 2001, along with addendum letters dated July 12, 2002 and
October 2, 2002, shall be incorporated into the detailed site development
plans. A more detailed arborist report shall be prepared, which shall
include mitigation measures to assure the health of all existing on site trees
through the construction period (based on the final improvement plans) and
also to ensure the long-term health of these trees. The arborist shall also
examine all of the trees and make recommendations regarding any trinm~ing
PAGE 7 OF RESOLUTION NO. 2003-03
or other maintenance of the trees. The arborist would also be required to be
on-site to supervise any trimming of the trees.
Sidewalk placement, drainage methods and plantings around the existing
Oak street trees shall be reviewed and approved by the Plmming Division
prior to issuance of building permits.
If site construction activity occurs in the direct vicinity of the on-site and off-
site protected trees, a security deposit in the amount of the assessed value of
the tree(s) (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 funds posted as a tree preservation security deposit. That
portion of the security deposit still held by the Town two full growing
seasons after 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.
All common landscape areas shall be clearly defined within the final
landscape plans. The common landscape areas shall include the areas
located on the east side of each of the single- family homes (lots #4 and #5).
The project maintenance agreement and/or covenant, conditions and
restrictions (CC&Rs) shall include a mechanism to assure the regular
maintenance of this area. Appropriate easements or access rights to perform
maintenance for these areas shall be provided to the satisfaction of the City
Engineer prior to recordation of the final map.
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. 2003-03
The street numbers for each structure in the project shall be posted so as to be
easily seen from the street at all times, day and night by emergency service
personnel.
Final materials and the proposed color pallet shall be as shown on the plans
and located within the design booklet as incorporated into the conditions of
approval in item A.l.c. The garage doors shall be Summit House Coach
model 1000B, rough Cedar Plywood with Western Red Cedar Trim. Any
changes proposed shall be submitted for review and approval by the Design
Review Board prior to 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.
The project maintenance agreement and/or covenants, conditions and
restrictions (CC&Rs) shall state that any proposed repainting, re-roofing or
future color or material modifications of exteriors of the units in this project
be reviewed by the Design Review Board. Any additions, or exterior
structural modifications to the units developed in this project, shall be subject
to review and approval by the Town through the Development Plan review
process.
Al1 fences within this project, other than the 36" high picket fences, shall be
constructed using pressure treated Douglas Fir fence posts and shall include
minimum 2"x 8" kickboards (which shall also be pressure treated Douglas
Fir). The picket fences shall be as shown in the design booklet incorporated in
the conditions of approval in condition A.l.c. Fencing details for all fencing
other than the 36" high picket fences shall be reviewed and approved by the
Planning Division. No fence along the side or rear yard may exceed 6 feet in
height.
Colors, materials, and the design of the proposed retaining wall along the
southeast side of the property shall be submitted for review and approval by
the Design Review Board prior to issuance of building permits for the
project.
PAGE 9 OF RESOLUTION NO. 2003-03
E. PARKING
Ail guest parking spaces shall be 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.
Regulatory signage/curb painting for the interior driveway shall be
provided, if deemed necessary, to the satisfaction of the San Ramon Valley
Fire Protection District and the City Engineer.
All garages within the development shall be maintained and utilized for their
intended purpose (i.e., to allow the parking of two cars). Language shall be
· included within the project's CC&Rs which specifies these requirements and
establishes a mechanism for imposition of a fine for property owners who do
not comply with these restrictions.
An easement providing access and parking privileges for the two guest
parking spaces allowing use of these spaces by the owners, residents, and
guests of all units on all three parcels shall be provided to the satisfaction of
the City Engineer.
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 shaI1 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
PAGE 10 OF RESOLUTION NO. 2003-03
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 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.
PAGE 11 OF RESOLUTION NO. 2003-03
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 SW-PPP 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.
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 th~ 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.
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 Town of
Danville Standard Plans 104 a & b.
PAGE 12 OF RESOLUTION NO. 2003-03
A satisfactory private road and private Storm drain maintenance agreement,
and/orproject CC&Rs, shall be submitted for approval by the City Attorney
prior to any Town Council final approval action.
The development shall install all curb, gutter and sidewalk along the E1
Dorado Oaks street frontage. The sidewalk shall meander around the
existing Oak trees, with the curve on center to the Oaks, and provide
adequate clearance around the two existing Oak trees, to the satisfaction of
the City Engineer.
The street alignment and street improvement plans shall be to public
improvement plan standards, to the satisfaction of the City Engineer.
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. The District's initial
comments on this project are summarized within their memorandum dated -
April 3, 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 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 system shall be required to
complete a hydraulic study and make improvements to the system as
required to handle the expected ultimate peak water flow and to stabilize
erosive banks that could be impacted by additional storm water flow.
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.
PAGE 13 OF RESOLUTION NO. 2003-03
* 6. Any portion of the drainage system that conveys runoff from public streets
shall be installed within a dedicated drainage easement, or public street.
10.
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.
All new utilities required to serve the development shall be installed
underground.
11.
All street, drainage or grading improvement plans shall be prepared by a
licensed civil engineer.
12.
Drainage cobble swales shall be placed around both Oak street trees, to the
satisfaction of the City Engineer.
13.
The cobble swales shall be maintained on, at a minimum, a yearly basis to
keep water filtering through. Requirements to conduct this work shall be
placed within the project CC&R's.
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. 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
PAGE 14 OF RESOLUTION NO. 2003-03
secured prior to Town Council final approval of any subdivision map. All
costs associated with such acquisition shall be borne by the applicant.
The project owners, through the creation of a maintenance agreement and/or
project-specific covenants, conditions and restrictions (CC&Rs), shall be
responsible for maintenance of the on-site common driveway, pedestrian
ways, common landscape areas, common fencing, address guest parking
areas and garage use, common drainage facilities, and any project installed
off-site landscaping. Language in the project CC & Rs shall also address the
Design Review Board items as outlined in Condition D.5. Draft project CC &
Rs or maintenance agreements shall be submitted to the Town of Danville for
review and approval a minimum of 30 days prior to recordation of the final
map.
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 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.
PAGE 15 OF RESOLUTION NO. 2003-03
A statement shall be recorded to run with the deed to the properties within
this subdivision which acknowledges the existence of the existing public trail
and commercial uses to the rear (northeast) of the subject site and
acknowledges the occasional noise, odors, lighting and associated activities
associated with these uses.
APPROVED by the Danville Planning Commission at a Regular Meeting on January 28,
2003, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Condie, Graham, Jameson Moran, Osborn, Storer
Combs, Legg
APPROVED AS TO FORM:
City Attorney
PAGE 16 OF RESOLUTION NO. 2003-03