HomeMy WebLinkAbout2004-30 EXHIBIT A
RESOLUTION NO. 2004-30
A RESOLUTION OF THE PLANNING COMMISSION OF
THE TOWN OF DANVILLE APPROVING DEVELOPMENT PLAN
REQUEST DP 2004-29 AND DEVELOPMENT PLAN REQUEST DP 2004-38
ALLOWING THE CONSTRUCTION OF A NEW 7,425 +/- SQUARE FOOT SINGLE-
FAMILY HOME WITH A 673 +/- SQUARE FOOT GARAGE, A 932+/- SQUARE
FOOT GARAGE, A 328 +/- SQUARE FOOT CABANA AND A DETACHED 2,000 +/-
SQUARE FOOR SECOND UNIT ON A 1.59 ACRE
PARCEL IDENTIFIED AS 756 EL PINTADO
(APN: 197-161-080-JONES)
WHEREAS, Gorny & Garcia Architects (applicant), representing Brent & Dana Jones
(owners), has requested approval of Development Plan requests DP 2004-29 and DP 2004-
38 allowing the construction of a new 7,425 +/- square foot single-family home with a 673
+/- square foot garage, a 932+/- square foot garage, a 328+/- square foot cabana and a
detached 2,000 +/- square foot second unit located on a 1.59+/- acre site; and
WHEREAS, the 1.59 +/- acre subject site is identified as 756 E1 Pintado and is further
identified as Assessor's Parcel Number 197-161-080; and
WHEREAS, the proposed development requires approval of a Development Plan
application prior to construction of the project pursuant to the conditions of approval
established under MinOr Subdivision approval MS 853-99; and
WHEREAS, the Town of Danville's Second Dwelling Unit Ordinance requires the approval
of a Development Plan prior to the establishment of a second dwelling unit on a single
family parcel; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing on
December 14, 2003; and
WHEREAS, the project has been found to be Categorically Exempt from the California
Environmental Quality Act (CEQA); and
WHEREAS, the public notice of this action was given in all respects as required by law;
and
WHEREAS, a staff report was submitted recommending that the Planning Commission
approve the request; and
WHEREAS, the Planning Commission did hear and consider all reports, recommendations,
'and testimony submitted in writing and presented at the hearing; now, therefore, be it
RESOLVED that the Planning Commission of the Town of Danville approves
Development Plan requests DP 2004-29 and DP 2004-38 per the conditions contained
herein, and makes the following findings, in support of this action:
FINDINGS
Development Plan - Single Family Home
The proposed Development Plan will not be detrimental to the health, safety, and
general welfare of the Town.
The Development Plan will not adversely affect the orderly development of
property within the Town.
o
The Development Plan will not adversely affect the preservation of property values
and the protection of the tax base within the Town.
The Development Plan will not adversely affect the policy and goals as set by the
2010 General Plan.
The Development Plan will not create a nuisance and\or enforcement problem
within the neighborhood or community.
°
The Development Plan will not encourage marginal development within the
neighborhood.
Development Plan.-Second Dwelling Unit:
The proposed Development Plan will not be detrimental to the health, safety, and
general welfare of the Town.
The Development Plan will not adversely affect the orderly development of
property within the Town.
The Development Plan will not adversely affect the preservation of property values
and the protection of the tax base within the Town.
PAGE 2 OF RESOLUTION NO. 2004-30
The Development Plan will not adversely affect the policy and goals as set by the
2010 General Plan.
.¸
The Development Plan will not create a nuisance and\or enforcement problem
within the neighborhood or community.
The Development Plan will not encourage marginal development within the
neighborhood.
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
issuance of a building permit for the project. Each item is subject to review and approval
by the Planning Division unless otherwise specified.
A. GENERAL
This approval is for Development Plan requests DP 2004-29 and DP 2004-38
to allow the construction of a new 7,425 +/- square foot single-family home
with a 673 +/- square foot garage, a 932+/- square foot garage, a 328+/-
square foot cabana and a detached 2,000 +/- square foot second unit on a 1.59
acre parcel located at 756 E1 Pintado.' All development shall comply with
conditions of approval as set forth within minor subdivision MS 853-99
unless otherwise superceded by the conditions contained within this
Development Plan approval. Development shall be substantially as shown
on the project drawings as follows, except as may be modified by conditions
contained herein;
ao
Preliminary Site Plan, Floor Plans, Elevations, and Sections consisting
of 9 sheets, as prepared by Gorny & Garcia Architects and dated
received by the Planning Division on November 30, 2004.
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Preliminary Landscape Plan, consisting of 9 sheets, as prepared by
Martin Hoffmann, Landscape Architect and dated revised November
2, 2004.
PAGE 3 OF RESOLUTION NO. 2004-30
Preliminary Grading and Drainage Plan and Erosion Control Plan,
consisting of 2 sheets, as prepared by Alexander and Associates, Inc.,
and dated November 23, 2004.
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Tree Evaluation letter, consisting of 4 pages, as prepared by
Treescapes, and dated November 5, 2004.
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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 Residential Transportation Improvement Program (TIP) fee
($2,000), Child Care Facilities fees ($335), Grading, Plan Checking and
Inspection Fees (to be determined), Storm Water Pollution Program Fee
($41), SCC Regional Fee ($942), and the Tri-Valley Transportation Fee
($1,736). Typical building permit fees are approximately $17,000 +/- per
unit.
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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 $106.50 (71
notices X $0.75 per notice X 2 notices).
Prior to the issuance of grading or building permits, the applicant shall
submit written documentation that all requirements of the San Ramon Valley
Fire Protection District (SRVFPD) and the San Ramon Valley Unified SchOol
District (SRVUSD)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 November 3, 2004. The
SRVUSD's initial comments on this project are summarized in part in their
memorandum-dated October 14, 2004.
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
PAGE 4 OF RESOLUTION NO. 2004-30
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10.
11.
Native American organizations shall be consulted and involved in making
resource management decisions.
Construction activity shall be restricted to the period between the weekday
hours of 7:30 a.m. to 5:30 p.m. (Mondays through Fridays), unless otherwise
approved in writing by the City Engineer for general construction activity
and the Chief Building Official for building construction activity. Prior to
any construction work on the site, including grading, the applicant shall
install a minimum 3' x 3' sign at the project entry which specifies the
allowable 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 the
construction of the project.
The applicant shall require their contractors and subcontractors to fit all
internal combustion engines with mufflers, which are in good condition, and
to locate stationary noise-generating equipment as far away from existing
residences as feasible.
A watering program which incorporates the use of a dust suppressant, and
which complies with Regulation 2 of the Bay Area Air Quality Management
District shall be established and implemented for all on and off-site
construction activities. Equipment and human resources 'for watering all.
exposed or disturbed soil surfaces shall be supplied on weekends and
holidays as well as workdays. Dust-producing activities shall be
discontinued during high wind periods.
Planning Division sign-off is required prior to final building inspection sign-
off by the Building Division.
As part of the initial submittal for the building permit review process, the
applicant, shall submit a written Compliance Report detailing how the
conditions of approval for this project have been complied with. This report
shall list each condition of approval followed by a description of what the
applicant has provided as evidence of compliance with that condition. The
applicant must sign the report. The report is subject to review and approval
by the City Engineer and/or Chief of Planning and/or Chief Building
Official, and may be rejected by the Town if it is not comprehensive with
respect to the applicable conditions of approval.
PAGE 5 OF RESOLUTION NO. 2004-30
B. 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.
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. The maintenance of existing on-site wells
shall be allowed for landscape irrigation purposes subject to review and
approval by the Contra Costa County Health Services Department-
Environmental Health Division.
C. LANDSCAPING
All existing trees on the site shall be preserved to the extent practical.
Removal of any additional trees will be allowed only upon prior written
approval from the Planning Division. Only tree numbers 5, 6, 10 and 11 as
depicted in the arborist letter dated November 5, 2004 are approved for
removal.
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.
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All tree preservation recommendations contained within the tree survey/
report prepared by Treescapes shall be implemented as part of this project.
Prior to occupancy of the home, the project arborist shall meet on the ~ite
with the Town to inspect the trees and to verify the adequate implementation
of the mitigation measures.
If site construction activity will occur in the direct vicinity of on-site
protected trees (trees #1 and #4 as noted in the Treescapes Evaluation letter),
a security deposit in the amount of the assessed value of the trees, 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 the trees. The appraisal shall be done in accordance with the
PAGE 6 OF RESOLUTION NO. 2004-30
De
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 is as healthy
as can be provided for under the terms of the tree preservation agreement.
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.
The street numbers for each building in the project shall be posted so as to be
easily seen from the street at all times, day and night by emergency service
personnel.
The proposed color palette shall be substantially as shown on the color
boards dated'November 5, 2004 and November 17, 2004, and the hardscape
color board dated November 17, 2004. The second floor railing shall be
black.
Final roof tile samples, 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.
All perimeter fencing shall be open wire. All fencing shall meet all
requirements of subdivision MS 853-99, as well as the Town of Danville
Municipal Code, including height and setback. The fencing as proposed
within the front setback is not approved as part of this Development Plan.
PAGE 7 OF RESOLUTION NO. 2004-30
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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.
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Development shall be completed in compliance with a detailed soils report
and the construction grading plans prepared for this project. The engineering
recommendations outlined in the project specific soils report shall be
incorporated into the design of this project. The report shall include specific
recommendations for foundation design of the proposed buildings and shall
be subject to review and approval by the Town's Engineering and Planning
Divisions.
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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). The Erosion
Control Plan submitted by the developer shall be subject to the review and
approval of the City Engineer, for construction proposed to occur during the
rainy season. This plan shall incorporate erosion control devices such as, the
use of sediment traps, silt fencing, pad berming and other techniques to
minimize erosion.
PAGE 8 OF RESOLUTION NO. 2004-30
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.
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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.
10.
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 froTM any contaminated soil shall not be allowed to enter any
drainage facility, inlet or creek:
All grading activity shall address National Pollutant Discharge Elimination
system (NPDES) concerns. Specific measures to control sediment runoff,
construction pollution and other potential construction contamination shall
be addressed through the Erosion control Plan (ECP) and Storm Water
Pollution prevention Plan (SWPPP). The SWPPP shall supplement the
Erosion Control Plan and project improvement plans. These documents shall
also be kept on-site while the project is under construction. A NPDES
construction permit may be required, as determined by the City Engineer.
STREETS
'2.
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.
PAGE 9 OF RESOLUTION NO. 2004-30 ,
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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.
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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.
Public streets shall be improved to the standards in #G.5. above. Private
streets shall, be improved to public street structural standards. Private street
improvements, and their dimensions, shall be as shown on the project plans
identified in #A.1. above and shall conform to Standard Plan 104 a & b.
A satisfactory private road and private storm drain maintenance agreement
for parcels B and C of MS 853-99 shall be submitted for approval of the City
Attorney prior to issuance of building permits. All private road maintenance
agreements shall include provisions for regular street sweeping.
There is an existing deferred improvement agreement related to the
widening and improvement of E1 Pintado Road. The three lots of Minor
Subdivision MS 853-99 are obligated to perfOrm these improvements. At a
future time as found appropriate by the City Engineer, the applicant shall be
obligated to pay his fair share or build his portion of the improvements, as
specified by the deferred improvement agreement.
G. 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 District.
All wastewater shall be disposed into an existing sewer system. Sewer
disposal service shall be frOm the Central Contra Costa Sanitary District
sewer system in accordance with the requirements of the District.
PAGE 10 OF RESOLUTION NO. 2004-30
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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.
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All runoff from impervious surfaces shall be intercepted at. the project
boundary and shall be collected and conducted via an approved drainage
method through the project to an approved storm drainage facility, as
determined by the City Engineer. Development which proposes to contribute
additional water to existing drainage systems shall be required to complete a
hydraulic study and make improvements to the system as required to handle
the expected ultimate peak water flow and to stabilize erosive banks that
could be impacted by additional storm water flow.
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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.
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All street, drainage or grading improvement plans shall be prepared by a
licensed civil engineer.
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Any portion of the drainage system that conveys runoff from public streets
shall be installed within a dedicated drainage easement, or public street.
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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.
10.
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.
11.
Prior to issuance of a building permit, a comprehensive hydrology, and
hydraulic analysis/report shall be prepared which supports the required
design of onsite mitigation measures which result in no net increase of excess
storm runoff from historic levels leaving the site, subject to review and
approval by the City Engineer. The property owner shall be responsible for
PAGE 11 OF RESOLUTION NO. 2004-30
identifying and completing all necessary improvements. The applicant is
responsible for obtaining any storm drain easements or rights of entry for
any necessary downstream storm drain improvements.
12.
All new utilities required to serve the development shall be installed
underground.
13.
The existing utilities on the site shall be placed underground and the poles
removed.
14.
All proposed utilities, including the pool connection to the sanitary sewer
system, shall be provided to the satisfaction of the City Engineer.
H. MISCELLANEOUS
* 1.
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.
o
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.
As a part of the issuance of a demolition permit for the barn 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:
PAGE 12 OF RESOLUTION NO. 2004-30
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.
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.
Mail boxes shall be co-located with the others located along the E1 Pintado
Road frontage of this subdivision. All mail boxes may be lockable, subject to
all permitting requirements and conditions imposed by the United States
Postal Service.
I. SECOND DWELLING UNIT
The property owner shall occupy either the principal or the secondary
residential unit. If neither unit is owner-occupied, then the use of the
property shall revert to a single-family occupancy. Nothing in this section
shall be construed to prohibit one or both of the units remaining vacant.
Before obtaining a Building Permit for a second dwelling unit, the property
owner' shall file with the County Recorder a declaration or an agreement of
restrictions, which has been approved by the City Attorney as to its form and
content, and stating that:
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The second dwelling unit shall not be sold separately and may not be
subdivided.
PAGE 13 OF RESOLUTION NO. 2004-30
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The secOnd dwelling unit is restricted to the size approved by the
Development Plan allowing the unit.
The restrictions shall be binding upon any successor in ownership or
the property and lack of compliance shall result in proceedings to
revoke the approval.
The approval allowing the second dwelling unit shall be in effect only
so long as either the primary residence or the second dwelling unit is
occupied by the owner of record of the property.
APPROVED by the Danville Planning Commission at a regular meeting on December 14,
2004 by the folloWing vote:
AYES:
NOES:
ABSTAIN:
ABSENT:'
Combs, Condie, Graham, Legg, Moran, Osborn, Storer
Jameson
APPROVED AS TO FORM:
City Attorney
F:/planning/applications/dp2004-29
PAGE 14 OF RESOLUTION NO. 2004-30