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HomeMy WebLinkAbout2004-02RESOLUTION NO. 2004-02 DEVELOPMENT PLAN REQUEST DP 2000-44, LAND USE PERMIT REQUEST LUP 2000-16, AND VARIANCE REQUEST VAR 2000-27 AUTHORIZING THE RENOVATION OF AN EXISTING PRIVATE RECREATIONAL POOL FACILITY, RENEWING AND MODIFYING A LAND USE PERMIT REGULATING THE MANNER A PRIVATE RECREATIONAL POOL FACILITY OPERATES, AND SECURING SETBACK VARIANCE APPROVALS FOR ANCILLARY STRUCTURES ASSOCIATED WITH THE RENOVATION OF THE DEL AMIGO POOL FACILITY (APN: 201-182-009 - 609 GLEN ROAD) WHEREAS, the Del Amigo Pool Association has requested approval of a Development Plan application seeking authorization to renovate an existing private recreational pool facility; and WHEREAS, the Del Amigo Pool Association has also requested approval of a Land Use Permit application seeking the renewal and modification of a prior Land Use Permit approval addressing the operation of the private recreational pool facility, with the proposed Land Use Permit expanding the allowable uses to allow the operation of a swim team and associated activities; and WHEREAS, the Del Amigo Pool Association has requested approval of a Variance application seeking authorization of setback variances for the replacement of the existing fences located on the east, south and west property lines, and to allow for a trellis to be constructed within the minimum required 25-foot front yard setback adjacent to the east property line; and WHEREAS, the subject 0.95 +/- acre site is located at 609 Glen Road, being further identified as Assessor's Parcel Number 201-182-009; and WHEREAS, the Town of Danville regulations for the R-10; Single Family Residential District require approval of a Development Plan prior to the completion of the proposed improvements, approval of a Land Use Permit prior to the renewal and modification of the prior Land Use Permit authorizing the manner in which a private recreational facility operates; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on February 27, 2001; and WHEREAS, a Mitigated Negative Declaration of Environmental Significance has been prepared for the project indicating that, as modified through project revisions or recommended conditions of approval, no significant environmental impacts are anticipated to be associated with the project; and WHEREAS, the public notice of this action was given in all respects as required by law; and WHEREAS, a staff report was submitted recommending that the Planning Commission approve the request; and WHEREAS, the Planning Commission did hear and consider all reports, recommendations, and testimony submitted in writing and presented at the hearing; and WHEREAS, the Planning Commission of the Town of Danville approved Development Plan request DP 2000-44, Land Use Permit request LUP 2000-16, and Variance request VAR 2000-27 per the conditions in Resolution 2001-05; and WHEREAS, the Planning Commission reviewed the validity of the active Land Use Permit in 2001 and 2003 for a check in review to ensure the Conditions of Approval were adequate for the facility and did determined them to be adequate; and WHEREAS, after the third year check in review on November 13, 2003, an appeal was filed related to the Planning Commission's action to not modify the Conditions of Approval to include a defined six month swim team season; and WHEREAS, the Del Amigo Pool Association filed a request for an amendment to the original Conditions of Approval requesting modifications to Conditions A.16 and A.31, to address neighborhood concerns; and WHEREAS, the Planning Commission reviewed the proposed amendments to the original Land Use Permit Conditions of Approval on January 20, 2004 at a noticed public hearing; now, therefore be it, RESOLVED, that the Planning Commission approves the proposed modifications to the original Conditions of Approval amending Land Use Permit LUP 2000-16 subject to the Findings and Conditions of Approval contained in Resolution 2004-02. PAGE 2 OF RESOLUTION NO. 2004-02 FINDINGS OF APPROVAL Development Plan: The proposed development is in conformance with the goals and policies of the 2010 General Plan. o The proposed development is in conformance with the zoning district in which the property is located. Land Use Permit: The proposed land use will not be detrimental to the to the health, safety, and general welfare of the Town. o The land use will not adversely affect the orderly development of property within the Town, as this is an existing facility. o 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. As modified through and regulated by these project conditions of approval, the land use will not create a nuisance andNor enforcement problem within the neighborhood or community. The land use will not encourage marginal development within the neighborhood, as this is an existing facility. That special conditions or unique characteristics of the subject property and its location or surroundings are established, such as the existence of the neighborhood pool and associated improvements since 1959. CONDITIONS OF APPROVAL Conditions of approval with an asterisk ("*') in the left-hand column are standard project conditions of approval. PAGE 3 OF RESOLUTION NO. 2004-02 Italicized conditions of approval are Mitigation Measures derived from the Mitigated Negative Declaration 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 and prior to initiation of the land use. Each item is subject to review and approval by the Planning Division unless otherwise specified. A. GENERAL The Land Use Permit approval allows for the renewal and modification of the previously approved 1959 Land Use Permit regulating the manner this private recreational pool facility operates. The pool facility is authorized under this approval to continue to operate a competitive swim team, with authorized annual activities, including, but not limited to; continued use of the swim team at the Del Amigo Pool facility; swim team activities which include swim practices, clinics, team time trial; and a maximum of six hosted dual swim meets per swim season (to be held on Wednesday evenings and Saturday morning/early afternoons-with no more than four meets held on Saturdays), and four swim facility-related hosted social events. The pool facility is also authorized to provide non-swim team related recreational pool usages for participating members of the pool organization. The Variance approval allows for construction, retention and replacement of a six-foot high fencing shown on the project plans (to be located on the property lines), and for the construction of a new trellis structure adjacent to the east property line, located between the two on-site pools (which encroaches into the required minimum 25 foot front yard setback). This Development Plan approval is for the renovation of the Del Amigo Pool facility, including: construction of a new building; updating the architecture of the existing building; relocating the baby pool to the southwest corner of the site; constructing new trellises; updating the existing landscaping; relocating an on- site basketball court; constructing a trash enclosure; installing new fencing; re- configuring the parking lot area; updating site lighting; creating an enclosed exterior storage area; installing new facility signage; and realigning the facility's driveway entrance. PAGE 4 OF RESOLUTION NO. 2004-02 Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; ao Preliminary Development Plan, Architectural Plans, Site Plan Elevations and Preliminary Landscape Plans consisting of three sheets, as prepared by HWA Landscape Architecture Site Planning and dated received by the Planning Division on October 10, 2000. The applicant shall pay any and all Town and other related fees that the property may be subject to. These fees shall be based on the current fee schedule in effect at the time the relevant permits are secured, and shall be paid prior to issuance of said permit. Notice should be taken specifically of the Town's Drainage Area Fee ($613.00), Finish Grade Fee ($100.00) and the Iron Horse Trail Fee ($3,200.00). o The applicant shall reimburse the Town for notifying surrounding neighboring residents of the public hearing associated with this proposal. The fee shall be $445.50 (297 notices X $0.75 per notice X two notices). The applicant shall submit written documentation that all requirements of the San Ramon Valley Fire Protection District have been, or will be, met to the satisfaction of the District. 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. Construction activity shall be restricted to the period between the weekday hours of 8:00 a.m. to 5:30 p.m. (Monday through Friday), 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, 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. PAGE 5 OF RESOLUTION NO. 2004-02 10. 11. 12. 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. 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, construction-phases occupancy plan shall be submitted for review and approval by the Planning Commission within 30 days of the effective date of this approval. The applicant shall submit a written Compliance Report detailing how the conditions of approval for this project have and/or will be 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 report must be signed by the applicant. 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 the issuance of a certificate of occupancy by the new building. Based on the two existing facility exits (i.e., the main entrance off the parking area and the emergency exit along Glen Road), the maximum occupancy for this facility shall be limited to a maximum of 500 individuals during swim meets and social events. The applicant shall secure approval of a third exit (to allow for a maximum occupancy of 600), with the exit's location subject to review and approval by the Building Division and the San Ramon Valley Fire Prevention District (SRVFPD). During normal daily operation of the pool facility, the maximum occupancy shall be limited to 175 occupants, or such alternate occupant load deemed allowable by the Building Division and the SRVFPD at time of completion of requested facility renovation. The maximum number of swim team members on the cOmpetitive swim team operating at this facility shall be limited to 215 individuals. This maximum team size may be reached over time through attrition. To accomplish this, swim team members that leave the team shall not be replaced until the swim team membership is below 215 individual members. Swim team rosters shall be submitted to the Town of Danville prior to the first swim meet of each swim team season for verification that the swim team enrollment is not above the maximum allowable swim team members. PAGE 6 OF RESOLUTION NO. 2004-02 13. The maximum number of swimmers allowed to participate at any single dual meet competition hosted at the facility shall be limited to a combined total of 350 swimmers. 14. This permit shall be reviewed after completion of the first full swim season and after three full swim seasons by the Town of Danville. The intent of this review is to ensure that the conditions of approval are being complied with and that the restriction on the number of swim team members, and/or the number of swimmers allowed at each swim meet is appropriate to reduce the impacts of swim meets on the surrounding neighborhood to a less than significant level. At the discretion of the Chief of Planning, either of these reviews may be referred to the Planning Commission for consideration and action. If it is determined necessary by the Town, the numerical limitation involving the swim team, as stated in Condition A.12 above, may be reduced to further minimize impacts to the neighborhood. To modify the numerical limitation (increase or decrease) would require review and approval by the Planning Commission. 15. The hours of operation for the Del Amigo Pool shall be limited to: · 8:00a.m. to 9:00 p.m. everyday · Adult lap swimming may begin at 6:00 a.m. · Swim meets shall not begin prior to 8:00 a.m., this does not preclude set- up time for meet events or related pre-meet activities. · Swim team practice shall not begin prior to 8:00 a.m. Monday through Saturday (no Sunday practices are allowed). 16. Amplified music is expressly prohibited. This condition shall not preclude use of portable personal music devices operated at a reasonable audible noise level. 17. The Colorado Timing System shall be used during swim team competitions only. The accompanying sound system shall only be used to announce swim events/heats for the swim team competitions, and shall be designed such that the audio output of the system is effectively limited to be directed at or near the starting end of the pool. The sound system speakers shall be down directed away from all property lines, except in the case of emergencies. PAGE 7 OF RESOLUTION NO. 2004-02 18. Use of bullhorns and loudspeakers is expressly prohibited at the facility. 19. The Colorado Timing System (or equivalent starting system used by the swim team) may be used during hosted swim meets only. The starting system shall not be used to indicate false starts occurring during meet events. Alternative methods, which do not depend on amplified noise, shall be used to alarm swimmers of false starts. 20. Swim facility-related hosted social events may be conducted no more than four times per year, with no more than two of these events being held on Saturdays (with no events on Sundays). These events shall be described in a swim team-generated written communication (newsletter) that shall include a description of activities and anticipated size of events and shall indicate a contact person that can indicate the date and time of the events. The newsletter shall be distributed to all property owners along Glen Road and Hartford Road (east of the Iron Horse Trail) and within 750 feet of the pool facility a minimum of two months prior to the event. 21. General maintenance of the facility (including landscape maintenance), which requires the use of equipment with gas powered engines or electric motors, shall not be used prior to 8:00 a.m. Monday through Friday or prior to 9:00 a.m. on Saturday or Sunday. 22. The swim team-generated written communication (newsletter) shall include all necessary information derived from these conditions of approval and shall be sent to all property owners along Glen Road and Hartford Road (east of the Iron Horse Trail) and within 750 feet of the pool facility, the Planning Division, Police Department, and the San Ramon Valley Fire Protection District at the beginning of each competitive swim season. This newsletter shall include the current year's swim meet schedule, planned special event activities (per conditions of approval A.20 above) and shall include a description of the Circulation and Parking Management Plan to be utilized for the upcoming swim season. The newsletter shall be submitted to the Town of Danville Planning Division for review and comment prior to its distribution. 23. The Del Amigo Pool Association shall provide meeting notification to the property owners along Glen Road and Hartford Road (east of the Iron Horse Trail) and within 750 feet of the pool facility and hold a pre-season meeting to be conducted prior to the beginning of the 2001 pool swim team season. The meeting shall be held no later than May 15t~,. This meeting shall provide PAGE 8 OF RESOLUTION NO. 2004-02 an opportunity for presentation and discussion of the scheduled events for the season, including but not limited to swim team activities. This meeting shall be held after the newsletter has been routed to neighbors within the notification area and after notification that the draft Circulation and Parking Management Plan (pursuant to condition of approval #A.22) is available for review and comment. At this meeting, members selected to volunteer for the Compliance Committee (as required under condition A.30.) shall be identified to meeting attendees, which shall includes a primary contact person and associated phone number. This information shall be distributed to meeting attendees and shall be posted in an appropriate location for neighboring residents to readily obtain this information. 24. No food preparation shall be allowed without prior approval from the Town of Danville and the Contra Costa County Health Department. Pre-packaged food may be allowed for sale (from manufacturers only, not prepared and packaged at private homes). Meets may include catered and/or site-prepared food provided all necessary permits have been obtained from Contra Costa County Health Department. 25. Residents living within walking distance of the pool facility (for purpose of this condition defined to be 1,250 feet of travel distance) shall be given priority to join the Del Amigo Pool Association as a member before residents outside 1,250 feet of the facility. Such interested residents shall be placed at the top of the waiting list when submitting for consideration of membership. This condition shall not be retroactive. The Del Amigo Pool Association shall be allowed to honor the waiting list in place at the time of this approval. 26. Supplemental garbage and refuse service shall be provided for the entire period of time that swim meets are conducted (with said supplemental services at a minimum being a twice-a-week pickup service). Garbage is prohibited to overflow outside of the trash enclosure at any time. The trash enclosure serving the facility shall be covered and shall be designed and maintained with self-closing and self-latching doors. Details of the trash enclosure area shall be included on the project plans and shall be submitted for final review and approval by the Town and the Design Review Board prior to issuance of a building permit. 27. Prior to issuance of a building permit for the planned facility modifications, the applicant shall document that the trash area and recycling area is appropriately sized and located. The trash and recycling area shall be designed with an inward slope so as not to allow storm water run-off and PAGE 9 OF RESOLUTION NO. 2004-02 Bo 28. 29. 30. 31. run-on from the contained area. The area drains for the trash and recycling area shall be connected to the sanitary sewer, not the storm drain system. The Del Amigo Pool swim team shall be limited to a maximum of six home swim meets a year, with no more than four meets on Saturdays. The Pool Association's By Laws, the Del Amigo Pool Association Rules and Regulations, and The Del Amigo Swim Team Handbook, shall be updated as appropriate to incorporate all pertinent conditions of approval for this project. Copies of the revised documents shall be submitted to the Town of Danville for final review and approval prior to April 1, 2001. To the extent reasonably feasible, this information shall be posted on the Del Amigo Pool Association's web site. If it is determined that it is not feasible to put this information on the website, the Association shall utilize some other alternative means of communication. This information shall be kept current. A compliance representative shall be selected by the Del Amigo Pool Association (DAPA). This individual shall oversee the on-going compliance of the facility consistent with the approved Conditions of Approval for the project. The DAPA shall be responsible for creating alternative methods of communication for members and non-members who may have concerns related to the operational aspect of the facility. These methods shall include such resources as establishing email contacts, links on the associations website, and comment forms at the facility that can be accessed and submitted to the DAPA for action. The compliance representative shall be responsible for resolving comments and complaints filed, by working with the DAPA. This representative shall be identified, with contact information, in the newsletter sent out at the beginning of each swim season. To the extent feasible, swim meets conducted at this facility shall be scheduled to avoid conflicts with recreational activities conducted at San Ramon Valley High School (with special efforts to be taken to avoid conflict with the annual SR VGAL All-Star games) to reduce potential impacts associated with parking and circulation when multiple events are held in the neighborhood. 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. A Lighting Plan shall be submitted to the Town for final PAGE 10 OF RESOLUTION NO. 2004-02 review and approval by the Design Review Board prior to issuance of a building permit for planned facility modifications. The location of any pad mounted electrical transformers established for this project 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. The Pacific Bell sub-station is not approved as part of this application. To the extent feasible, the applicant shall identify an appropriate area on the project site, subject to review and approval by the Planning Division and Design Review Board, that allows for possible citing of the sub-station facility, in the event a Land Use Permit for that facility is requested in the future. The freestanding storage sheds located on the site at the time of the project approval shall be removed in conjunction with the planned facility modification (to be removed no later than issuance of final occupancy of the proposed bathroom/storage room improvements). A new fence shall be installed and maintained around the east, south and west property lines. The new fencing shall be Of a design and substantial enough in terms of construction materials to provide sound attenuation value to off-site properties. The fences shall include decorative masonry pillars with a wood portion between pillars that includes a plywood core to provide sound attenuation value. Masonry pillars are not required for the portion offence along the Iron Horse Trail (along the west property line). All property line fences shall be maintained in a like-new condition. The applicant shall submit a fencing detail to the Town of Danville Planning Division for final reviezo and approval prior to the issuance of a building permit for the planned facility modifications. The new fencing shall be installed prior to occupancy of the proposed bathroom/storage room improvements. The applicant shall install a new section of decomposed granite or decorative path, which extends northerly from the corner of Glen Road and Del Amigo Road, along the property frontage to the on-site parking area. If determined feasible by the Town's Transportation Division, the applicant shall install the necessary crosswalk improvements at the north and west legs of the intersection of Glen Road and Del Amigo Road. PAGE 11 OF RESOLUTION NO. 2004-02 C. LANDSCAPING * 1. Final landscape and irrigation plans 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. o All plant material shall be served by an automatic underground irrigation system and maintained in a healthy growing condition. o 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. 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 existing pine trees along the east, south and the southern portion of the west property line may be removed under this application. The pine trees along the west property line adjacent to the parking area and all Oak trees shall remain, and shall be appropriately incorporated into the project's landscaping and irrigation improvements. Bamboo plants existing along the north property line shall be removed (by excavating the root ball of the plant) and shall be replaced with low lying shrubs and ornamental patio trees (e.g., Crape Myrtle) as determined acceptable by the Planning Division. If the existing good neighbor fence is damaged during the removal of the bamboo, the applicant shall repair or replace the damaged portion of the fence (Note: Since it is unclear where the plant originated, this condition of approval does not mandate that the applicant take measures to remove that portion of the plant which lies off- site. Determination of that responsibility shall remain a private matter between the affected property owners). Property owners whose view would be affected by landscape and lighting improvements installed at the Del Amigo Pool shall be notified prior to this item being scheduled before the Design Review Board for an opportunity to comment on the proposed landscape plan. The Town Planning Division shall compile a list of property owners to be notified. PAGE 12 OF RESOLUTION NO. 2004-02 D. ARCHITECTURE * 1. All ducts, meters, air conditioning and/or any other mechanical equipment whether on the structure or on the ground shall be effectively screened from view with landscaping or materials architecturally compatible with the main structures. The street number for the pool facility shall be posted so as to be easily seen from the street at all times, day and night. o Samples of final materials and the proposed color palette shall be submitted for review and approval by the Design Review Board prior to issuance of a building permits for the planned facility improvements. Final architectural elevations, details and revisions shall be submitted for review and approval by the Design Review Board prior to issuance of a building permit for the planned facility improvements. A sign permit application for the identification project signage for the pool facility shall be submitted to the Town for final review and approval under a separate Sign Review application. E. PARKING * 1. 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. A Parking and Circulation Management Plan shall be established for all hosted szoim meets. This plan shall focus on how implementation measures related to the identified parking and circulation issues will be addressed, to ensure that: a) The drop-off and pick-up area will be appropriately managed during swim meets; b) The location of pre-identified non-parking areas will be appropriately designated; c) The preferred ingress/egress routes of travel for guests and home parents will be appropriately identified and implemented; d) The parking closest to the facility zoill be made available for guest teams; e) Home team guests will drop off children at the designated drop off area in the pool parking lot and be directed to park generally away from the facility fi.e., to make an appropriate number of parking spaces available to guest teams along Glen Road, Del Amigo Road and the High School parking lot). PAGE 13 OF RESOLUTION NO. 2004-02 f) Investigation and utilization as deemed necessary and appropriate by the Town, ora shuttle system to take swim meet participants and spectators to and from the facility; and g) Appropriate measures are taken to encourage carpooling to and from the facility by szoim team participants and spectators. h) Provisions for managing parking and circulation of special events anticipating more than 125 individuals shall be included in this plan. The Plan shall be submitted to the Town of Danville for final review and approval, no later than one month after the effective date of this permit. After final reviezv and approval of the Plan, the applicant shall' distribute the a summary of the approved Plan to all property owners along Glen Road and Hartford Road (east of the Iron Horse Trail) and zvithin 750feet of the pool facility. The Plan shall also be provided to appropriate representatives of competing swim teams. Participants of competing swim teams shall be advised that the Plan shall be complied with by all parties using the pool facility and that non-compliance with the Plan may be grounds ,for to revocation of this permit approval. The Town of Danville shall notify property owners on the previously stated notification list, when the Parking and Circulation Management Plan has been submitted. There shall be a minimuml0-day review period of the Plan prior to Town action. The applicant shall continue the shared use of Del Amigo High School parking lot for home swim meets. The applicant shall diligently pursue the necessary approvals from the San Ramon Valley Unified School District for rights to use the high school parking lot for all Wednesday and Saturday home swim meets. The applicant shall submit annual written verification as to the status of use of this off-site parking area as part of an annual update to the Parking and Circulation Management Plan (to be submitted no later than one week prior to the beginning of the swim season). In the event, permission to use this parking area is not further granted by the school district, the Chief of Planning, at his discretion, may refer this application back to the Planning Commission for further consideration and action pertaining to the adequacy of parking. The parallel parking stalls along the south portion of parking area adjacent to the facility entrance shall be used as a drop-off and pick-up area during home swim meets. PAGE 14 OF RESOLUTION NO. 2004-02 F. GRADING * 1. Any grading on adjacent properties will require prior written approval of those property owners affected. * 2. Stockpiles of debris, soil, sand or other materials that can be blown by the wind shall be covered. G. STREETS * 1. 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. o 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. * 4. 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. * 5. Handicapped ramps shall be provided and located as required by the City Engineer. H. INFRASTRUCTURE * 1. 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 the District. PAGE 15 OF RESOLUTION NO. 2004-02 o 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 District. o Drainage facilities and easements shall be provided to the satisfaction of the City Engineer. 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. No concentrated drainage shall be permitted to surface flow across sidewalks. 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. 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 Land Use Permit review process. 2. Use of a private gate is expressly prohibited. o This Land Use Permit is valid for a period of three years, unless an extension is granted by the Town of Danville for an additional period of up to five more years. After the first and third swim seasons (i.e., Fall 2001 and Fall 2003), this application shall be returned for review by the Planning Commission, at a noticed public hearing, to reviezo the effectiveness of the Conditions of Approval. The approval is subject to modifications, if necessary, to improve the operational aspect of site activities. The Planning Commission shall have authority to extend the approval period of this Land Use Permit for a maximum total of 18 years (with review occurring no less frequentlY than every five years, after the Fall, 2003 review). 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 PAGE 16 OF RESOLUTION NO. 2004-02 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. At any time during the effective period of this Land Use Permit approval, the approval shall be revocable for cause in accordance with section 30-4.12 of the Danville Municipal Code, including failure to comply with these conditions of approval. APPROVED by the Danville Planning Commission at a regular meeting on January 20, 2004, by the following vote: AYES: NOES: ABSTAINED: ABSENT: APPROVED AS TO FORM: City Attorney Chief o F : / planning/ applications / L UP / 2OOO / L UP2OOO-16 / CO A CHANGE StaffReport.doc.doc PAGE 17 OF RESOLUTION NO. 2004-02