HomeMy WebLinkAbout2005-14
RESOLUTION NO. 2005-14
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF
DANVILLE RECOMMENDING THAT THE TOWN COUNCIL APPROVE
PRELIMINARY DEVELOPMENT PLAN - REZONING REQUEST PUD 2004-02
AND FINAL DEVELOPMENT PLAN - MAJOR SUBDIVISION REQUEST SD 8959
ALLOWING A FIVE LOT RESIDENTIAL DEVELOPMENT WITH TWO
DETACHED SINGLE FAMILY HOMES AND
THREE ATTACHED SINGLE FAMILY HOMES
(APN: 208-041-002 - EL DORADO TOWNHOMES)
WHEREAS, BRANAGH DEVELOPMENT (Owners) and KO ARCHITECTS (Applicant)
have requested approval of a Preliminary Development Plan - Rezoning request PUD 2004-
02 and Final Development Plan - Major Subdivision request SD 8959 to rezone a 0.34 + / -
acre site from M-29; Multiple Family Residential District, to P-1; Planned Unit
Development District, allowing the subdivision of the lot into five parcels and allowing the
development of two detached single family homes and a three attached single family
homes; and
WHEREAS, the subject site is located at 104 EI Dorado Avenue, and is further identified as
Assessor's Parcel Number 208-041-002; and
WHEREAS, the Town of Danville P-1; Planned Unit Development District requires
approval of a Preliminary Development Plan - Rezoning request prior to approval of a
Final Development Plan - Major Subdivision request; and
WHEREAS, the Town of Danville Subdivision Ordinance requires approval of a tentative
map prior to recordation of a final map; and
WHEREAS, the project has been found to be Categorically Exempt from the requirements
of the California Environmental Quality Act (CEQA); and
WHEREAS, the Planning Commission did review the project at a noticed public hearing on
May 10, 2005 and July 12, 2005; 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
recommend that the Town Council approve the request; and
WHEREAS, the Planning Commission did hear and consider all reports, recommendations,
and testimony submitted in writing and presented at the hearing; now, therefore, be it
RESOLVED that the Planning Commission of the Town of Danville recommend that the
Town Council approve Preliminary Development Plan - Rezoning request PUD 2004-02
and Final Development Plan - Major Subdivision request SD 8959, subject to the conditions
contained herein, and make the following findings in support of this action:
Preliminary Development Plan - Rezoning:
1. The proposed Rezoning will substantially comply with the 2010 General Plan.
2. The uses authorized or proposed in the land use district are compatible within the
district and to uses authorized in adjacent districts.
3. Community need has been demonstrated for the use proposed.
Final Development Plan - Major Subdivision:
1. The proposed subdivision is in substantial conformance with the goals and policies
of the 2010 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 parcels and the site will convert from a
septic system to a public sewer connection.
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.
6. 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.
PAGE 2 OF RESOLUTION NO. 2005-14
CONDITIONS OF APPROVAL
Conditions of approval with an asterisk ("*") in the left-hand column are standard project
conditions of approval.
Unless otherwise specified, the following conditions shall be complied with prior to the
Town Council approval of the initial final map for the project. Each item is subject to
review and approval by the Planning Division unless otherwise specified.
A. GENERAL
1. This approval is for a Preliminary Development Plan - Rezoning request
PUD 2004-02 and Final Development Plan - Major Subdivision request SD
8959, rezoning the subject .34 + 1- acre parcel from M-29; Multiple Family
Residential District to P-l; Planned Unit Development District, allowing the
subdivision of the lot into five parcels, and allowing the development of two
detached single family homes and a three attached single family homes.
Development shall be substantially as shown on the project drawings as
follows, except as may be modified by conditions contained herein;
a. Site plan, floor plans, roof plans, architectural elevations and details, and
preliminary landscape plan, labeled "EI Dorado Townhomes," as
prepared by Ko Architects, consisting of 15 sheets, dated received by the
Planning Division on June 17, 2005.
b. Preliminary and Final Development Plan and Vesting Tentative Parcel
Map SD 8959 titled "104 El Dorado Avenue," preliminary grading and
utility plan, and hydrology and drainage plan as prepared by DK
Associates, consisting of 6 sheets, dated received by the Planning Division
on June 17, 2005.
c. Arborist Report, as prepared by HortScience, dated January, 2005, along
with an addendum letter dated received by the Planning Division on
March 24,2005.
d. Geotechnical Report labeled" Geotechnical Site Evaluation," as prepared
by Jensen Van Lienden Associates dated December 23, 2004.
2. The applicant shall payor be subject to any and all Town and other related
fees that the property may be subject to. These fees shall be based on the
current fee schedule in effect at the time the relevant permits are secured,
PAGE 3 OF RESOLUTION NO. 2005-14
*
*
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 prior to final map approval:
1. Base Map Revision Fee..................................................................... $ 255.00
2. Map Check Fee ............... ..... ...... ....... ................ .............. .......... ...... $ 2,525.00
3. Improvement Plan Check Fee ..................................... 3% of cost estimate
4. Engineering Inspection Fee ......................................... 5% of cost estimate
5. Drainage Area 10 Fee (Flood Control) ........................................ $ 3,275.00
6. Excavation Mitigation Fee (Flood Control)................................ $ 5,350.00
7. Park Land in Lieu Fee (credit for existing unit)....................... $ 31,492.00
Fees due at building permit issuance:
1. Child Care Facilities Fee.............................................................. $ 335/unit
2. Storm Water Pollution Control Program Fee ............................ $ 41/unit
3. Finish Grading Inspection Fee ................................................... $ 621/unit
4. SCC Regional Fee............ ........... ................. .................... ..... ........ $ 942/ unit
5. Residential TIP Fee ................................................................... $ 2,OOO/unit
6. Tri- Valley Transportation Fee ................................................. $ 1,736/ unit
3. 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 $252.00 (112
notices X $0.75 per notice x three notices).
4.
Prior to the issuance of grading or building permits, the applicant shall
submit written documentation that all requirements of the San Ramon Valley
Fire Protection District (SRVFPD) and the San Ramon Valley Unified School
District have been, or will be, met to the satisfaction of these respective
agencies. The SRVFPD's initial comments on this project are summarized in
part in their memorandum dated October 21, 2004.
5.
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
PAGE 4 OF RESOLUTION NO. 2005-14
*
*
*
8.
*
9.
*
10.
*
11.
appropriate mitigation measures, if they are deemed necessary. If prehistoric
archaeological deposits are discovered during development of the site,local
Native American organizations shall be consulted and involved in making
resource management decisions.
6.
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.
7.
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 workdays. Dust-producing activities shall be
discontinued during high wind periods.
If the applicant intends to construct the project in phases, then the first
submittal for building permits shall be accompanied by an overall phasing
plan. This plan shall address: off-site improvements to be installed in
conjunction with each phase; erosion control for undeveloped portions of the
site; and phasing of project grading. The phasing plan shall be subject to the
review and approval of the City Engineer and Chief of Planning.
As part of the initial submittal for the final map, plan check, and/ or building
permit review process (whichever occurs first), the applicant shall submit a
written Compliance Report detailing how the conditions of approval for this
PAGE 5 OF RESOLUTION NO. 2005-14
*
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.
12. Allowable land uses and conditional land uses within this development shall
be as allowed under the Town's M-29; Multiple Family Residential District
Ordinance.
13.
Planning Division sign-off is required prior to final building inspection sign-
off by the Building Division.
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.
The location of any pad mounted electrical transformers shall be subject to
review and approval by the Planning Division prior to the issuance of a
building permit. To the extent feasible, such transformers shall not be
located between any street and the front of a building.
3.
Anyon-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.
C. LANDSCAPING
*
1. Final landscape and irrigation plans (with planting shown at 1"=20' scale)
shall be submitted for review and approval by the Planning Division. The
plan shall include common names of all plant materials and shall indicate the
size that various plant materials will achieve within a five-year period of
time. No planting or irrigation other than that which would be natural for
Oak trees shall be placed within the drip line of the trees.
2.
All plant material shall be served by an automatic underground irrigation
system and maintained in a healthy growing condition. Irrigation shall
PAGE 6 OF RESOLUTION NO. 2005-14
*
*
*
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.
3.
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.
4.
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.
5. The tree preservation guidelines established in the tree survey / arborist
report performed for this site, prepared by HortScience dated January 2005,
along with addendum letters dated received March 24, 2005, shall be
incorporated into the detailed site development plans. The arborist shall also
be required to be on-site to supervise any trimming of the trees and hand-
digging near or within any drip lines of on-site and off-site Oaks referenced
in the arborist report.
6. The removal of one 23" Coast Live Oak, one 19" Valley Oak, one 12" Valley
Oak, one 36" California Black Walnut, one 36" Flowering Cherry and one 57"
Flowering Cherry is authorized.
7.
If site construction activity occurs in the direct vicinity of the on-site and off-
site protected trees, a security deposit in the amount of the assessed value of
the tree(s) (calculated pursuant to the Town's Tree Protection Ordinance)
shall be posted with the Town prior to the issuance of a grading permit or
building permit to maximize the probability that the affected trees will be
retained in good health. The applicant shall be required to secure an
appraisal of the condition and value of all affected trees. The appraisal shall
be done in accordance with the then current addition of the II Guide for
Establishing Values of Tree and Other Plants," by the Council of Tree and
Landscape Appraisers under the auspices of the International Society of
Arboriculture. The appraisal shall be performed by a Certified Arborist, and
shall be subject to review and approval by the Chief of Planning. A tree
preservation agreement shall be prepared that outlines the intended and
allowed use of funds posted as a tree preservation security deposit. That
portion of the security deposit still held by the Town two full growing
seasons after project completion shall be returned upon verification that the
trees covered by the deposit are as healthy as can be provided for under the
terms of the tree preservation agreement.
PAGE 7 OF RESOLUTION NO. 2005-14
8. All common landscape areas shall be clearly defined within the final
landscape plans. A project homeowners' association HOA shall be
responsible for the maintenance of all common landscaping, driveway and
guest parking spaces within this development. The project covenant,
conditions and restrictions (CC&Rs) shall include a mechanism to assure the
regular maintenance of this area. Appropriate easements or access rights to
perform maintenance for these areas shall be provided to the satisfaction of
the City Engineer prior to recordation of the final map.
9. As a mitigation measure for the removal of one 23" Coast Live Oak, one 19"
Valley Oak, one 12" Valley Oak, one 36" California Black Walnut, one 36"
Flowering Cherry and one 57" Flowering Cherry, the applicant shall plant
off-site replacement trees, location and species to be determined by the Town,
which are of a cumulative diameter necessary to equal the diameter of the
subject trees which are approved for removal.
10. Trees on the Iron Horse Trail shall remain undisturbed. The applicant shall
secure the applicable encroachment permits as required by the Contra Costa
County Application Permit Center for any work related to off-site trees.
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.
2.
The street numbers for each structure in the project shall be posted so as to be
easily seen from the street at all times, day and night by emergency service
personnel.
3. Final materials and the proposed color pallet shall be as shown on the plans
and color board provided to the Design Review Board on March 24, 2005.
Any changes proposed shall be submitted for review and approval by the
Design Review Board prior to issuance of building permits for the project.
4.
Final architectural elevations, details and revisions shall be submitted for
review and approval by the Design Review Board prior to issuance of
building permits for the project. Six full sized sets of construction drawings
for the project shall be submitted to the Planning Division for design review
concurrent or prior to, the applicant initiating the Building Division plan
check process.
PAGE 8 OF RESOLUTION NO. 2005-14
,5. All fences within this project shall be constructed using pressure treated
Douglas Fir, Redwood or Cedar fence posts and shall include minimum 2"x
8" kickboards (which shall also be pressure treated of the same species).
Fencing details for all fencing shall be reviewed and approved by the Design
Review Board.' No fence along the side or rear yard may exceed 6 feet in
height. For drainage purposes to the Iron Horse Trail, the applicant may
propose another appropriate fencing material.
E. PARKING
*
1.
All guest parking spaces shall be 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.
2. Regulatory signagej curb painting for the interior driveway shall be
provided, if deemed necessary, to the satisfaction of the San Ramon Valley
Fire Protection District and the City Engineer.
3. All garages within the development shall be maintained and utilized for their
intended purpose (i.e., to allow the parking of two cars). Language shall be
included within the project's CC&Rs, which specifies these requirements and
establishes a mechanism for imposition of a fine for property owners who do
not comply with these restrictions.
F. GRADING
*
*
1.
Any grading on adjacent properties will require prior written approval of
those property owners affected.
2.
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.
PAGE 9 OF RESOLUTION NO. 2005-14
*
*
*
*
*
*
*
3.
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.
4.
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.
5.
All development shall take place in compliance with the Town Erosion
Control Ordinance (Ord. 91-25). Restrictions include limiting construction
primarily to the dry months of the year (May through October). If
construction does occur during the rainy season, the developer shall submit
an Erosion Control Plan to the City Engineer for review and approval. This
plan shall incorporate erosion control devices such as, the use of sediment
traps, silt fencing, pad berming and other techniques to minimize erosion.
6.
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.
7.
All cut and fill areas shall be appropriately designed to minimize the effects
of ground shaking and settlement.
8.
Stockpiles of debris, soil, sand or other materials that can be blown by the
wind shall be covered.
9.
If toxic or contaminated soil is encountered during construction, all
construction activity in that area shall cease until the appropriate action is
determined and implemented. The concentrations, extent of the
contamination and mitigation shall be determined by the Contra Costa
County Health Department. Suitable disposal and/ or treatment of any
contaminated soil shall meet all federal state and local regulations. If
deemed appropriate by the Health Department, the applicant shall make
provisions for immediate containment of the materials. Runoff from any
contaminated soil shall not be allowed to enter any drainage facility, inlet or
creek.
PAGE 10 OF RESOLUTION NO. 2005-14
*
10.
All grading activity shall address National Pollutant Discharge Elimination
System (NPDES) concerns. Specific measures to control sediment runoff,
construction pollution and other potential construction contamination shall
be addressed through the Erosion Control Plan (ECP) and Storm Water
Pollution Prevention Plan (SWPPP). The 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.
G. STREETS
*
*
*
*
4.
*
5.
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.
2.
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.
3.
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 XII and XXXI of the Town Code. At the time project improvement
plans are submitted, the applicant shall supply to the City Engineer an
up-to-date title report for the subject property.
Handicapped ramps shall be provided and located as required by the City
Engineer.
6. Project CC&Rs shall be submitted for approval of the City Attorney prior to
any Town Council final approval action.
7. The development shall install all curb, gutter and sidewalk along the EI
Dorado Townhomes street frontage. The new sidewalk shall connect to the
existing sidewalk abutting the southwest commercial property to the
satisfaction of the City Engineer.
PAGE 11 OF RESOLUTION NO. 2005-14
8. The street aligrunent and street improvement plans shall be to public
improvement plan standards, to the satisfaction of 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 District. The District's initial
comments on this project are summarized within their memorandum dated
- April 3, 2002.
2.
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.
3. 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. The Contra Costa County Flood
Control & Water Conservation District initial comments on this project are
summarized in part in their memorandum dated January 26, 2005.
4.
All runoff from impervious surfaces shall be intercepted at the project
boundary and shall be collected and conducted via an approved drainage
method through the project to an approved storm drainage facility, as
determined by the City Engineer. Development which proposes to
contribute additional water to existing drainage system shall be required to
complete a hydraulic study and make improvements to the system as
required to handle the expected ultimate peak water flow and to stabilize
erosive banks that could be impacted by additional storm water flow.
5.
Roof drainage from structures shall be collected via a closed pipe and
conveyed to an approved storm drainage facility in the street curb. No
concentrated drainage shall be permitted to surface flow across sidewalks.
6.
Any portion of the drainage system that conveys runoff from public streets
shall be installed within a dedicated drainage easement, or public street.
7.
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.
PAGE 12 OF RESOLUTION NO. 2005-14
*
8.
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.
*
9.
Electrical, gas, telephone, and Cable TV services, shall be provided
underground in accordance with the Town policies and existing ordinances.
All utilities shall be located and provided within public utility easements,
sited to meet utility company standards, or in public streets.
*
10.
All new utilities required to serve the development shall be installed
underground.
*
11.
All street, drainage or grading improvement plans shall be prepared by a
licensed civil engineer.
12. Requirements placed within the project CC&R's shall speak to the
maintenance and placement of individual trash enclosures, common green
waste enclosures, and on EI Dorado Avenue for weekly pick up and address
the allowable time frame for their subsequent return to individual garages
The CC&Rs shall be subject to review and approval by the Planning Division.
Refuse and Recycling shall be collected in a manner acceptable with the
responsible agency. Containers shall be placed as to not block driveways or
sidewalk access. Project CC&R's shall outline the proper collection method
for residents to follow and each enclosure clearly marked.
13. All trash and refuse shall be contained within enclosures architecturally
compatible with the project architecture. Enclosure design shall include six-
foot high masonry walls on three sides with steel framed gates and wood
bolted to the gates. Gates will be self-closing and self-latching. Prior to
issuance of a building permit, the applicant shall document that all
trash! recycling areas are appropriately sized and located. The trash and
recycling area(s) shall be covered and bermed so as not to allow storm water
run-off and run-on from adjacent areas. The area drains for the trash and
recycling area(s) shall be connected to the sanitary sewer, not the storm drain
system.
PAGE 13 OF RESOLUTION NO. 2005-14
1. MISCELLANEOUS
*
*
*
*
*
1.
The project shall be constructed as approved. Staff may approve minor
modifications in the design, but not the use. Any other change will require
Planning Commission approval through the Development Plan review
process.
2.
Conditions of this approval may require the applicant to install public
improvements on land over which neither the applicant, nor the Town, has
easement rights to allow for the installation of the improvements. The
applicant shall be responsible for acquisition of said easement rights through
private negotiations. If the applicant is unsuccessful in negotiations, the
applicant shall apply to the Town for use of eminent domain powers in
accordance with Town Resolution No. 78-85. All easement rights shall be
secured prior to Town Council final approval of any subdivision map. All
costs associated with such acquisition shall be borne by the applicant.
3. The project homeowners' association, through project-specific covenants,
conditions and restrictions (CC&Rs), shall be responsible for maintenance of
the on-site common driveway, pedestrian ways, common landscape areas,
common fencing, the project recreation areas, and parking areas, common
drainage facilities, and any project installed off-site landscaping.
4. If authorized by the Town, maintenance of all items listed in the conditions of
approval may be accomplished through the formation of private
maintenance agreements instead of through the creation of a project specific
HOA. Draft project CC&Rs or maintenance agreements shall be submitted .
to the Town of Danville for review and approval a minimum of 30 days prior
to recordation of the final map.
5.
Use of a private gated entrance is expressly prohibited.
6.
The location, design and number of gang mailbox structures serving the
project shall be subject to review and approval by the Design Review Board
and the local Postmaster.
7.
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
PAGE 14 OF RESOLUTION NO. 2005-14
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.
*
8.
The proposed project shall conform to the Town's Stormwater Management
and Discharge Control Ordinance (Ord. No. 94-19) and all applicable
construction and post-construction Best Management Practices (BMPs) for
the site. For example, construction BMPs may include, but are not limited to:
the storage and handling of construction materials, street cleaning, proper
disposal of wastes and debris, painting, concrete operations, dewatering
operations, pavement operations, vehicle/ equipment cleaning, maintenance
and fueling and stabilization of construction entrances. Training of
contractors on BMPs for construction activities is a requirement of this
permit. At the discretion of the City Engineer, a Storm Water Pollution
Prevention Plan (SWPPP) may be required for projects under five acres.
9. A statement shall be recorded to run with the deed to the properties within
this subdivision which acknowledges the existence of the existing public trail
and commercial uses to the rear (east) of the subject site and acknowledges
the occasional noise, odors, lighting and associated activities associated with
these uses.
10. Prior to commencement of any off-site work on the Iron Horse Trail, the
applicant shall submit written documentation that all requirements of
Contra Costa County have been met.
APPROVED by the Danville Planning Commission at a Regular Meeting on July 12, 2005,
by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Combs, Condie, Graham, Nichols, Osborn, Storer
Moran
k05b
APPROVED AS TO FORM:
~~f!, 4
City Attorney
~e:g
---
PAGE 15 OF RESOLUTION NO. 2005-14