HomeMy WebLinkAbout2003-24RESOLUTION NO. 2003-24
RECOMMENDING THAT THE TOWN COUNCIL APPROVE A NEGATIVE
DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND APPROVE
PRELIMINARY DEVELOPMENT PLAN - REZONING REQUEST PUD 2002-05
AND FINAL DEVELOPMENT PLAN - MAJOR SUBDIVISION REQUEST SD 8652
ALLOWING A FIVE LOT RESIDENTIAL DEVELOPMENT
(APN: 206-020-048 .... LEE)
WHEREAS, MEI WEN & SHWU RONG LEE (OWNER) and DEBOLT CIVIL
ENGINEERING (APPLICANT) have requested approval of a Preliminary Development
Plan - Rezoning request PUD 2002-05 and Final Development Plan - Major Subdivision
request SD 8652 to rezone a portion of the site from P-l; Planned Unit Development District
to a new P-l; Planned Unit Development District and a portion of the site from A-2;
General Agricultural District to P-l; Planned Unit Development District and to subdivide
the site to create five single family residential lots; and
WHEREAS, the subject site is located at 1240 Culet Ranch Road and is further identified as
Assessor's Parcel Number 206-020-048; and
WHEREAS, the Town of Danville P-l; Plmmed Unit Development District requires
approval of a Preliminary Development Plan - Rezoning request prior to approval of a
Final Development Plan - Major Subdivision request and the approval of a Final
Development Plan request prior to the development of the property; and
WHEREAS, a draft Negative Declaration of Environmental Significance has been prepared
for the project indicating that no significant impacts are anticipated to be associated with
the project; and
WHEREAS, the Plarming Commission did review the project at a noticed public hearing on
October 14, 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 Planning Commission
approve the request; and
WHEREAS, the Planning Commission did hear and consider all reports, recommendations,
and testimony submitted in writing and presented at the hearing; now, therefore, be it
RESOLVED that the Planning Commission of the Town of Danville recommends the grant
of a Negative Declaration of Environmental Significance and approval of the Preliminary
Development Plan - Rezoning request PUD 2002-05 per the conditions contained herein
and makes the following findings in support of this action:
1. The proposed Rezoning is consistent with tire General Plan Land Use Designation
for the area.
The proposed Rezoning is consistent with the Development Standards contained
within the Lawrence/Leema Road Specific Plan.
The uses authorized or proposed in the land use district are compatible within the
district and to uses authorized in adjacent districts.
Based on the completion of the Initial Study of Environmental Significance and
comments received, there is no substantial evidence before the Town that the project
will have a significant effect on the environment.
and, be it further
RESOLVED that the Planning Commission of the Town of Danville recommends the
approval of the Final Development Plan - Major Subdivision request SD 8652 per the
conditions contained herein and makes the following findings in support of this action:
1. The proposed subdivision is in substantial conformance with the goals and policies
of the General Plan.
2. The design of the proposed subdivision is in substantial conformance with the
applicable zoning regulations.
3. 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 five new lots.
4. The density of the subdivision is physically suitable for the proposed density of
development.
5. 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.
PAGE 2 OF RESOLUTION NO. 2003-24
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 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.
GENERAL
1. This approval is for Preliminary Development Plan - Rezoning request PUD
2002-05 and Final Development Plan - Major Subdivision request SD 8652 to
rezone a portion of the site from P-l; Planned Unit Development District to a
new P-l; Planned Unit Development District and a portion of the site from A-
2; General Agricultural District to P-l; Planned Unit Development District
and to subdivide the site to create five single family residential lots on a 5.25
+/- acre parcel. The site is identified as 1240 Culet Ranch Road (APN: 206-
020-048). Development shall be substantially as shown on the project
drawings as follows, except as may be modified by conditions contained
herein;
a. Vesting Tentative Map and Preliminary & Final Development Plan,
consisting of one sheet, labeled "Subdivision 8652 Vesting Tentative
Map," as prepared by Debolt Civil Engineering, dated received by the
Planning Division on September 24, 2003.
b. Preliminary Landscape Plan for Open Space, consisting of one sheet,
labeled "Conceptual Landscape Plan," as prepared by Gates & Associates,
dated received by the Planning Division on September 22, 2003.
c. Preliminary Geotechnical Feasibility Study, as prepared by GFK &
Associates, dated April 26, 2002.
d. Architectural Design Guidelines, as prepared by Debolt Civil
Engineering, dated October 9, 2003.
PAGE 3 OF RESOLUTION NO. 2003-24
,2.
The applicant shall pay all Town and other related fees that the property is
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 fees due at final map approval (a-f) and at
building permit issuance (h-l):
a)
b)
c)
a)
e)
f)
g)
h)
i)
J)
k)
Base Map Revision Fee (5 @ $50/lot) ................. $ 250.00
Engineering Plan Check & Inspection - to be determined
Grading Plan Check, Inspection & Permit - to be determined
Lawrence Road Benefit District (5 @ $16,546)$ 82,730.00
Map Checking ..................................................... $ 2,517.00
Park Land in Lieu Fee (4 @ $7,873) ................ $ 31,492.00
Child Care Facilities Fee ................................ $335.00/lot
Storm Water Pollution Program Fee ............$ 41.00/lot
SCC Regional Fee .......................................... $ 924.00/lot
SCC Sub-Regional Fee ............................... $ 2,552.00/lot
Residential TIP Fee .................................... $ 2,000.00/lot
Tri-Valley Transportation Fee .................. $1,711.00/lot
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.
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 shah 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
PAGE 4 OF RESOLUTION NO. 2003-24
10.
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 as found necessary/appropriate by the Town.
The applicant shall provide security fencing, to the satisfaction of the City
Engineer and/or the Chief Building Official, around the site during
construction of the project.
The applicant shall require their contractors and subcontractors to fit all
internal combustion engines with mufflers, which are in good condition, and
to locate stationary noise-generating equipment as far away from existing
residences as feasible.
A watering program which incorporates the use of a dust suppressant, and
which complies with Regulation 2 of the Bay Area Air Quality Management
District shall be established and implemented for all on and off-site
construction activities. Equipment and human resources for watering all
exposed or disturbed soil surfaces shall be supplied on weekends and
holidays as well as work days. Dust-producing activities shall be
discontinued during high wind periods.
If the applicant intends to construct the project in phases, then the first
submittal for building permits shall be accompanied by an overall phasing
plan. This plan shall address: off-site improvements to be installed in
conjunction with each phase; erosion control for undeveloped portions of the
site; timing of delivery of emergency vehicle access connections; and phasing
of project grading. The phasing plan shall be subject to the review and
approval of the City Engineer and Chief of Planning.
As part of the initial submittal for the final map, plan check, and/or building
permit review process (whichever occurs first), the applicant shall submit a
written Compliance Report detailing how the conditions of approval for this
project has been complied with. This report shall list each condition of
approval followed by a description of what the applicant has provided as
evidence of compliance with that condition. The 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
PAGE 5 OF RESOLUTION NO. 2003-24
11.
12.
13.
14.
rejected by the Town if it is not comprehensive with respect to the applicable
conditions of approval.
This project shall comply with all requirements established under the
Lawrence/Leema Road Specific Plan.
For all new lots created by this subdivision, the following statement shall be
recorded to run with the deed of the property acknowledging the historic
rural nature of the area, and the rights of surrounding property owners to
continue existing and/or future legally established rural/agricultural uses:
IMPORTANT: BUYER NOTIFICATION
This property is located in a historically rural area with existing rural and
agricultural uses. Any inconvenience or discomfort from properly
conducted agricultural operations, including noise, odors, dust, and
chemicals, will not be deemed a nuisance.
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 $145.50 (97
notices x 2 notices x $0.75 per notice).
All projects must conform to the applicable Uniform Building Codes and the
California building codes.
15. Planning Division sign-off is required prior to the completion of a Final
Building Inspection.
16. A deed notification shall be recorded for lots 3, 4 and 5 within this
subdivision which states that the property owners shall maintain the V-
ditch in a clean and flowing mariner.
SITE PLANNING
1. 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.
2. 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
PAGE 6 OF RESOLUTION NO. 2003-24
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.
Development criteria and allowable land uses for the lots created by this
subdivision shall be as established under the Town's R-15; Single Family
Residential District.
No interior street lighting shall be installed within this subdivision. Low,
ground directed, driveway/entry lighting for individual properties, shall be
subject to review and approval by the Town's Design Review Board.
The open space strip along the project interior street and along Culet Ranch
Road shall be created as a separate parcel with a separate water meter and
landscaping, which shall be maintained through a maintenance agreement.
A maintenance easement shall be established over this area. In addition, a
public access easement shall be recorded over the entirety of this open space
strip. Language shall be developed to be recorded as a deed notification for
all lots within this subdivision which describes that the open space strip is for
common public use, and may not be reserved for private use, privately
maintained by individual property owners, or developed with private
landscaping or structures installed by individual property owners. This
language shall further describe that if any property owner violates this
agreement and installs private landscaping or structures within the public
open space, the private landscaping or structures shall be removed at the
property owners' expense. This language shall be submitted for review and
approval by the City Attorney prior to recordation of the final map.
A scenic easement shah be established over the portion of Lot 3 above the 750
foot elevation contour line. This area shall be required to be maintained in a
natural appearing state. No construction of structures, grading, or planting
of formal landscaping will be allowed in this area.
Lot 3 shall not be allowed to be re-subdivided in the future. A deed
restriction shall be recorded to run with the property, which sets forth this
restriction.
PAGE ? OF RESOLUTION NO. 2003-24
Grading shown on the Tentative Map for proposed Lots 4 and 5 are
specifically not approved. Development on these lots shall be split-level
custom homes designed to allow the home to step down the hill to minimize
mass and grading, with a full story split, as found appropriate by the Town
through the Final Development review process.
LANDSCAPING
Final landscape and irrigation plans (with planfing shown at 1"=20' scale)
shall be submitted for review and approval by the Plarming Division and the
Design Review Board. 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
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. All proposed ground cover shall be placed so that they
fill in within two years.
A minimum of two street trees shall be planted in the linear open space
fronting each lot (four for corner lots).
The final design of the landscape treatment, path design and location shall be
subject to review and approval by the Planning Commission as part of a
subsequent Final Development Plan application. This landscape treatment
shall be substantially consistent with the design of other approved landscape
plans for the area. The sidewalk within the open space strip shall run
parallel with the inside edge of the open space strip. The sidewalk as
depicted on the tentative map is specifically not approved. The sidewalk
within the open space strip shall be revised on the final map to reflect this
condition of approval. Landscaping for the open space strip within the
PAGE 8 OF RESOLUTION NO. 2003-24
interior of the project shall consist primarily of turf and street trees to
maximize the usability of the area. The open space strip adjacent to Culet
Ranch Road shall include street trees and low ground cover.
The owner/applicant shall install the plantings and irrigation for the
landscaped area within the open space strip as part of the subdivision
improvements.
All front yard landscaping shall be installed within six months of completion
of the unit or within six months of occupancy by the homeowner, whichever
comes first.
The driveway aprons within the open space strip shall be constructed a
maximum width of eight feet, or the minimal width necessary to be
functional, as determined by the Planning Division, within the open space
area, flaring to the full driveway width as the driveway gets closer to the
garage. The exact design of the driveway apron within the open space strip
shall be subject to review and approval by the Planning Commission as part
of the review of the final Development Plan for the project. The intent is to
minimize the amount of concrete within the open space area.
10.
All new fences within this project shall include 2"x 8" pressure treated
kickboards and shall utilize pressure treated Douglas Fir fence posts. In
addition, the bottom rail and top rail shall be constructed of 2"x 4" boards
with l'x 1" nailers on each side of the fence boards, rather than using dadoed
2"x 4" top and bottom rails. The perimeter fence for Lot 3 shall be open wire
fencing only.
ARCHITECTURE
No architecture is approved for construction on the lots created by this
subdivision as part of this permit. Architecture for the homes to be built on
all lots within this subdivision shall be submitted for review and approval by
the Planning Commission under a separate Final Development Plan
application. The Architecture Design Guidelines submitted as part of this
approval establish the minimum architectural standards for site plan layouts
and architectural proposals for individual lots in the development.
All ducts, meters, air conditioning and/or any other mechanical equipment
whether on the structure or on the ground shall be effectively screened from
PAGE 9 OF RESOLUTION NO. 2003-24
view with landscaping or materials architecturally compatible with the main
structures.
The street numbers for each structure in the project shall be posted so as to be
easily seen from the street at all times, day and night.
PARKING
Minimal signage, maximum one sign per block, is allowed to set forth the
parking restriction. No other regulatory signage or red curbs are permitted
throughout the subdivision, subject to the approval of the San Ramon Valley
Fire Protection District.
Eight-foot deep parking bays shall be incorporated into the street design for
the interior street, similar to the development to the east on Melserma Court.
The final design of the parking bays within this project shall be subject to
review and approval by the Planning Division as part of the review of the
improvement plans for this project. The parking bays shall be designed to
maximize on street parking and to easily accommodate street sweeping
equipment.
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
PAGE 10 OF RESOLUTION NO. 2003-24
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 soils 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) and, if
construction does occur during the rainy season, the developer shall submit
an Erosion Control Plan to the City Engineer for review and approval. This
plan shall incorporate erosion control devices such as, the use of sediment
traps, silt fencing, pad berming and other teclmiques to minimize erosion.
Ail 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 contaimnent 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. 2003-24
10.
11.
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). A NPDES construction permit may be
required, as determined by the City Engineer.
All retaining walls shall be constructed to be wholly contained within
individual lots and maintained by either the property owner or the
homeowners assoc~ahon, if a homeowners association is required.
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.
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 XI! and XXXI of the Town Municipal 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.
PAGE 12 OF RESOLUTION NO. 2003-24
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.
The proposed storm drainage system shall be a public system.
Culet Ranch Road improvements along the frontage of this property shall be
built to public standards as follows:
Culet Ranch Road shall be improved as a minimum 30-foot wide
public street with parking restricted to one side only.
This subdivision shall be responsible for the un-constructed southerly
portion of the roadway improvements including, curb and gutter and
pavement.
A 5-foot Public Utility Easement shall be offered for dedication
abutting the southerly Culet Ranch Road right-of-way.
10.
The new project interior street shall be improved as substantially shown on
Tentative Map road section labeled "Typical Street Section" and in the
following way:
The right-of-way shall vary between 28 feet (two lanes of travel only)
to 36 feet (two lanes of travel plus parking bay). In some instances,
the entire width of the right-of-way may be 44 feet (two lanes of travel
plus parking bays facing each other across the street).
A 5-foot Public Utility Easement shall be offered for dedication
abutting all street right-of-ways.
INFRASTRUCTURE
Domestic water supply shall be from an existing public water system. Water
supply service shall be from the East Bay Municipal Utility District (EBMUD)
water system in accordance with the requirements of EBMUD.
All wastewater shall be disposed into an existing sewer system. Sewer
disposal service shall be from the Central Contra Costa Sanitary District
(CCCSD) sewer system in accordance with the requirements of CCCSD.
PAGE 13 OF RESOLUTION NO. 2003-24
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 (CCCFC & WCD).
Prior to recordation of the Final Map for the project, the applicant shall
submit to the Town documentation that run-off from this project shall not
exceed the flow restriction of 4,670 cubic feet per second for Alamo Creek at
the Contra Costa County/Alameda County Line.
If development of this project will result in a flow of greater than 4,670 cubic
feet per second, then mitigation to reduce the flow to not exceed the flow
restriction level shah be completed prior to the issuance of grading or
improvement plan permits for this project. A deed notification shall be
recorded to run with the title of all lots created t~y this subdivision to notify
all future property owners of a plarmed flood control benefit district for the
area to help pay for the construction of future detention basins within the
Dougherty Valley area.
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 public 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.
Any portion of the drainage system that conveys runoff from public streets
shall be installed within a dedicated drainage easement, or public street.
If a storm drain must cross a lot, or be located 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.
PAGE 14 OF RESOLUTION NO. 2003-24
10.
11.
12.
13.
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.
Ail street, drainage or grading improvement plans shall be prepared by a
licensed civil engineer.
A Storm Water Pollution Prevention Plan (SWPPP) shall be prepared as part
of the preparation of project improvement plans to assure prevention of
construction related silt and pollutants from leaving the site and polluting
the downstream water courses. The SWPPP shall supplement the erosion
control plan prepared for the project.
14.
The existing home on Lot 1, as well as the new homes to be built on Lots 2-5,
shall connect to public water and sewer facilities and pay the Lawrence Road
Benefit District fee. Connection to water and sewer shall be guaranteed
through the subdivision improvement agreement for the project.
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.
2. Use of a private gated entrance is expressly prohibited.
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
PAGE 15 OF RESOLUTION NO. 2003-24
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 cormnencement of any site work that will result in a land disturbance
of one (1) acres or more in area, the applicant/owner shall submit evidence
to the Town that the requirements for obtaining a State General Construction
Permit have been met. Such evidence may be the copy of the Notice of Intent
(NOI) sent to the State Water Resources Control Board. Additionally, the
applicant/owner shall submit evidence that the requirements for obtaining
the U.S. Army Corps of Engineers 404 Permit, the State Water Resources
Control Board's 401 Certification, and the California Department of Fish and
Game's Streambank Alteration Agreement have been or will be met. Such
evidence may be a copy of the permit(s)/agreement and/or a letter from the
applicant/owner stating the above permit(s) are not required for the subject
project.
If the project is over five acres in size, a Notice of Intent (NOI) and Storm
Water Pollution Prevention Plan (SWPPP) shall be filed with the Regional
Water Quality Control Board and a copy given to the City Engineer prior to
commencement of any construction activity. A SWPPP shall be prepared as
part of the preparation of project improvement plans. The SWPPP shall
supplement the erosion control plan prepared for the project, if one is
required. These documents shall also be kept on-site while the project is
under construction.
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.
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
PAGE 16 OF RESOLUTION NO. 2003-24
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.
* 7.
Pursuant to Government Code section 66474.9, the applicant (including the
applicant or any agent thereof) shall defend, indemnify, and hold harmless
the Town of Danville and its agents, officers, and employees from any claim,
action, or proceeding against the Town or its agents, officers, or employees to
attack, set aside, void, or annul, the Town's approval concerning this
application, which action is brought within the time period provided for in
Section 66499.37. The Town will promptly notify the applicant of any such
claim, action, or proceeding and cooperate fully in the defense.
APPROVED by the Danville Planning Commission at a regular meeting on October 14,
2003 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED AS TO FORM:
City Attorney
PAGE 17 OF RESOLUTION NO. 2003-24