HomeMy WebLinkAbout2006-14
RESOLUTION NO. 2006-14
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF
DANVILLE RECOMMENDING THE TOWN COUNCIL APPROVE A MITIGATED
NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND
APPROVE PRELIMINARY DEVELOPMENT PLAN - REZONING AND FINAL
DEVELOPMENT PLAN - MAJOR SUBDIVISION REQUESTS TO REZONE THE
SITE FROM P-1; PLANNED UNIT DEVELOPMENT DISTRICT TO A NEW P-1;
PLANNED UNIT DEVELOPMENT DISTRICT, AND TO ALLOW THE
SUBDIVISION OF THE 3.59 +/- ACRE SITE INTO SIX SINGLE FAMILY
RESIDENTIAL PARCELS AND CONSTRUCT SIX SINGLE-FAMILY HOMES.
(APN: 203-183-001- BECKER)
WHEREAS, Mark Becker Incorporated (Owner) has requested approval of a Preliminary
Development Plan - Rezoning request PUD 2006-02, rezoning the property from a P-1;
Planned Unit Development designation to a new P-1; Planned Unit Development
designation and a Final Development Plan - Major Subdivision request SD 9078 to
subdivide a 3.59 + / - acre parcel into six parcels; and
WHEREAS, the subject site is located at 3742 Old Blackhawk Road, and is further
identified as Assessor's Parcel Number 203-183-001; and
WHEREAS, the Town of Danville P-1; Planned Unit Development District Ordinance
requires approval of a Preliminary Development Plan - Rezoning request prior to the
approval of a Final Development Plan - Major Subdivision application; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing on
July 11, 2006; and
WHEREAS, a Mitigated Negative Declaration of Environmental Significance has been
prepared for the project indicating that, as required through approved mitigation
measures, no significant environmental impacts are expected to be associated with this
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; now, therefore, be it
RESOLVED that the Planning Commission of the Town of Danville recommends that the
Town Council adopt a Mitigated Negative Declaration of Environmental Significance and
approve Preliminary Development Plan - Rezoning request PUD 2006-02 and Final
Development Plan - Major Subdivision request SD 9078 per the conditions herein, and
makes the following findings in support of this action:
Preliminary Development Plan - Rezoning:
1. The proposed Rezoning would substantially comply with the Danville 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 Danville 2010 General Plan.
2. The design of the proposed subdivision is in substantial conformance with the
applicable zoning regulations and is consistent with the surrounding development.
3. The design of the subdivision and the type of associated improvements would not
likely cause serious public health problems because water and sanitary facilities
services would be available to all six parcels.
4. The density of the subdivision is physically suitable for the subject site and
surrounding neighborhood.
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 development has previously
occurred.
6. The design of the proposed subdivision and proposed improvements would 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 2006-14
CONDITIONS OF APPROVAL
Conditions of approval with an asterisk (//*//) in the left-hand column are standard project
conditions of approval.
Conditions of approval typed in italicized text are mitigation measures derived from the
Mitigated Negative Declaration of Environmental Significance prepared for the project.
Unless otherwise specified, the following conditions shall be complied with prior to the
Town Council approval of the initial final map or 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
1. This approval is for Preliminary Development Plan - Rezoning request (PUD
2006-02) rezoning the subject 3.59 + 1- acre property from a P-l; Planned Unit
Development District to a new P-l; Planned Unit Development District for a
proposed single-family residential development consisting of a maximum of
six units. Development shall be substantially as shown on the project
drawings as follows, except as may be modified by conditions contained
herein;
a. Vesting Tentative Map, Preliminary Grading Plan, Sections, and Aerial
consisting of eight sheets, as prepared by Aliquot, and dated received by
the Planning Division on June 15, 2006.
b. Preliminary Architectural Plans and Floor Plans, consisting of 11 sheets,
as prepared by Mark Becker Design Planning, dated received by the
Planning Division on July 5, 2006.
c. Geotechnical Report, as prepared by Alan Kropp & Associates, Inc., dated
March 8,2006.
d. Arborist Report, as prepared by Joseph McNeil Consulting Arborist,
prepared on February 4, 2006, received by the Town of Danville on
February 6, 2006, and the Supplemental Report prepared on June 12,
2006, and the Supplemental Report prepared on June 13, 2006.
e. Biological Resources Report, as prepared by Mosaic Associates LLC April
2006, dated received by the Town of Danville April 21, 2006.
PAGE 3 OF RESOLUTION 2006-14
*
*
f. Riparian Restoration and Monitoring Plan, as prepared by Mosaic
Associates, LLC, prepared May 2006, and dated received by the Town of
Danville on May 15, 2006.
g. Spring Rare Plant Survey, as prepared by Mosaic Associates, LLC,
prepared on May 3,2006, and dated received by the Town of Danville on
May 15, 2006.
h. Streambed Alteration Agreement, as prepared by Mosaic Associates,
LLC, prepared on May 11, 2006, and dated received by the Town of
Danville on May 15, 2006.
2.
The applicant shall pay any and all Town and other related fees applicable to
the property. 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 Map Checking Fee
($2,747), Improvement Plan Check Fee (3% of cost estimate), Engineering
Inspection Fee (5% of cost estimate), Grading Plan Check, Inspection &
Permit Fee, Base Map Revision Fee ($312), Excavation Mitigation Fee
($6,420), Park Land in Lieu Fee ($39,540), Child Care Facility Fee ($1,675),
Finish Grading Inspection Fee ($305), Storm Water Pollution Program Fee
($210), SCC Regional Fee ($4,710), SCC Sub-Regional Fee ($13,000), TIP
Residential Fee ($10,000), Tri-Valley Transportation Fee ($8,680).
3. Prior to the recordation of the final map the applicant shall reimburse the
Town for notifying surrounding neighboring residents of the public hearing.
The fee shall be $ 381.00 (254 notices X $0.75 per notice x 2 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 would be, met to the satisfaction of these respective
agenCIes.
5. The applicant shall submit to the Town of Danville fees required to file a
Notice of Determination for this project as required by AB 3185. The fee shall
be $1,300. This check shall be made payable to the Contra Costa County
Recorders Office and shall be submitted to the Town within five days of
project approval. The applicant shall submit to the Town of Danville fees
required-to file a Notice of Determination for this project within 10 days of
approval of this project. The fee shall be $25.00.
PAGE 4 OF RESOLUTION 2006-14
*
*
*
8.
*
9.
*
10.
6.
In the event that subsurface archeological remains are discovered during any
construction or pre-construction activities on the site, all land alteration work
within 100 feet of the find shall be halted, the Town Planning Division
notified, and a professional archeologist, certified by the Society of California
Archeology and/ or the Society of Professional Archeology, shall be notified.
Site work in this area shall not occur until the archeologist has had an
opportunity to evaluate the significance of the find and to outline
appropriate mitigation measures, if they are deemed necessary. If prehistoric
archaeological deposits are discovered during development of the site, local
Native American organizations shall be consulted and involved in making
resource management decisions.
7.
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
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.
PAGE 5 OF RESOLUTION 2006-14
*
*
11.
As part of the initial submittal for the final map, plan check, and! or building
permit review process (whichever occurs first), the applicant shall submit a
written Compliance Report detailing how the conditions of approval for this
project have been complied with. This report shall list each condition of
approval followed by a description of what the applicant has provided as
evidence of compliance with that condition. The applicant must sign the
report. The report is subject to review and approval by the City Engineer
and! or Chief of Planning and! or Chief Building Official, and may be
rejected by the Town if it is not comprehensive with respect to the applicable
conditions of approval.
12.
Planning Division sign-off is required prior to final building inspection sign-
off by the Building Division.
13. The applicant shall create a construction staging plan that addresses the
ingress and egress location for all construction vehicles, parking and material
storage area. This plan shall be subject to review and approval by the Town
prior to the issuance of a grading permit. The construction staging plan shall
not utilize any portion of the nearby roadway system, Old Blackhawk Road.
14. Prior to the issuance of grading permits, the applicant shall retain a specialist
to. assess any rodent control impacts associated with the development. If
necessary, the applicant shall develop a rodent control plan, subject to review
and approval by the Planning Division.
15. The design of the bridge, bridge abutment and construction materials and
colors shall be subject to review and approval of the Town's Planning
Division.
B. SITE PLANNING
*
1.
*
2.
All lighting shall be installed in such a manner that lighting is generally
down directed and glare is directed away from surrounding properties and
rights-of-way.
The location of any pad mounted electrical transformers shall be subject to
review and approval by the Planning Division prior to the issuance of a
building permit. To the extent feasible, such transformers shall not be located
between any street and the front of a building.
PAGE 6 OF RESOLUTION 2006-14
*
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.
4. Pools shall be allowed to be constructed if feasible on Lots 1, 4 & 6. Deed
notifications stating this restriction shall be recorded to run with the deeds to
these lots.
5. An access easement shall be recorded over the bridge between Lots 4 and 5.
This easement shall allow both property owners the right to use the bridge
for passive recreation, but shall not authorize a BBQ or outdoor fire area on
the bridge. The intent of this easement is to allow for property owners to use
the bridge to enjoy the scenic beauty of the area.
6. Project CC&R's shall include language addressing maintenance
responsibilities for all common areas, including bridge and annual creek
maintenance. This document shall be submitted to the Town of Danville to be
reviewed by the City Attorney prior to recordation.
7. A Scenic Easement shall be recorded over the creek and all areas within the creek
structural setback. No structures shall be allowed to be constructed within this area,
including fences. The area of the Scenic Easement that is within the established top of
bank to the structural setback may be landscaped and contain non-permanent
structures. A deed notification regarding the scenic easements and associated
restrictions shall be recorded to run with the deeds of each lot.
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 would achieve within a five-year period of
time.
2.
All plant material shall be served by an automatic underground irrigation
system and maintained in a healthy growing condition. Irrigation shall
comply with Town of Danville Landscape Ordinance #91-14 and landscape
guidelines and shall be designed to avoid runoff and overspray. Proposed
common maintenance lawn areas within the project shall not exceed a
maximum of 25 percent of proposed common landscaped areas.
PAGE 7 OF RESOLUTION 2006-14
*
3.
All trees shall be a minimum of IS-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. Authorization is granted to remove four Town protected trees identified as
tree numbers 1139, 1141, 1166, and 874 in the Tree Report prepared by Joseph
McNeil.
6. All existing trees on the site shall be preserved to the extent practical, except
those authorized for removal as part of this project. Removal would be
allowed only upon prior written approval from the Planning Division.
7. The tree preservation guidelines established in the tree survey/arborist report
performed for this site 3742 Old Blackhawk Road, prepared by Joseph McNeil and
dated February 4, 2006 shall be incorporated into the detailed site development plans.
All recommendations from the supplemental arborist report shall be followed as part
of site development.
8. Since construction activity would occur in the direct vicinity of 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 would be retained in good health. The applicant
shall be required to secure an appraisal of the condi tion and value of all affected trees.
The appraisal shall be done in accordance with the then current edition of the
"Guide for Establishing Values of Tree and Other Plants," by the Council of Tree
and Landscape Appraisers under the auspices of the International Society of
Arboriculture. The appraisal shall be performed by a Certified Arborist, and shall be
subject to review and approval by the Chief of Planning. A tree preservation
agreement shall be prepared that outlines the intended and allowed use of funds
posted as a tree preservation security deposit. That portion of the security deposit
still held by the Town two full growing seasons after project completion shall be
returned upon verification that the trees covered by the deposit are as healthy as can
be provided for under the terms of the tree preservation agreement.
9. The applicant shall hire a licensed arborist to prepare a report which makes
recommendations regarding pruning the onsite trees in order to maximize the long
term health of these trees. Further an arborist shall be on site to supervise all pruning
PAGE 8 OF RESOLUTION 2006-14
of the trees on the site and in the creek to ensure the methods are implemented.
10. A licensed arborist shall provide written recommendations on the preferred
method to install the retaining wall on Lot 6, which is proposed to be located
within the dripline of a Town-identified protected oak tree. The pier holes for
the wall shall be hand dug to minimize root disturbance to the tree.
11. The applicant shall provide a row of evergreen trees and shrubs along the
top of bank in the rear year area of Lots 1 & 2, to ensure privacy year round
between the adjacent property owners.
12. An access gate shall be installed between parcel 203-172-007 and the subject
parcel along Old Blackhawk Road, to allow access for the adjacent parcel to
access the creek for necessary maintenance.
13. The final landscape plan for Lot 5 shall return to the Design Review Board
for final approval. This plan shall include evergreen vegetation along Old
Blackhawk Road, the project frontage.
14. The Foley & Burk Shows pedestrian bridge to remain shall be retrofitted to
include hand rails and the installation of fixed benches. The project CC&R's
shall include language which protects the integrity of the bridge and the
historic nature of the sign painting on the bridge.
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 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.
3.
Samples of final materials and the proposed color palette shall be submitted
for review and approval by the Design Review Board prior to the 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
PAGE 9 OF RESOLUTION 2006-14
*
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.
5.
The project covenants, conditions and restrictions shall provide a review and
approval process for any proposed repainting or re-roofing of exteriors of the
units in this project.
E. PARKING
1. The guest parking spaces shall be constructed of decorative paver material
with a flush curb transition to the asphalt for the private road.
2. Project CC&R's shall include language related to the maintenance of the
private road, bridges, and guest parking spaces. In addition, the CC&R's
shall identify that the property owner private driveway approaches that
include grass cells shall be required to be maintained by the homeowner of
that parcel.
F. GRADING/ENGINEERING
*
*
*
1.
Any grading on adjacent properties would 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 would 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.
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
PAGE 10 OF RESOLUTION 2006-14
*
*
*
*
*
8.
*
9.
*
10.
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 all or part
of the 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 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.
7.
All new development shall be consistent with modern design for resistance
to seismic forces. All new development shall be in accordance with the
Uniform Building Code and Town of Danville Ordinances.
All cut and fill areas shall be appropriately designed to minimize the effects
of ground shaking and settlement.
Stockpiles of debris, soil, sand or other materials that can be blown by the
wind shall be covered.
If toxic or contaminated soil is encountered during construction, all
construction activity in that area shall cease until the appropriate action is
determined and implemented. The concentrations, extent of the
contamination and mitigation shall be determined by the Contra Costa
County Health Department. Suitable disposal and/ or treatment of any
contaminated soil shall meet all federal state and local regulations. If
PAGE 11 OF RESOLUTION 2006-14
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.
11. A Notice of Intent as well as the preparation of a Storm Water Pollution
Prevention Plan would be required with the final construction plan set since
the site is more than 1 acre is size.
12. A grading permit would be required. The grading plan would be required to
address all comments and incorporate all recommendations contained in
both the preliminary and final approved soil reports. The grading plan
should be conditioned to reflect the proposed locations of all subdrains, areas
subject to special remedial grading actions such as colluvium removal and
replacement and required creek slope mitigation measures. All special
buttressing and keyways would be required to be shown on the final
approved grading plan set.
13. All grading and improvement plans shall be in conformance with the Kropp
report and any approved revisions thereto. The final soils report shall
address recommendations for pavement design thicknesses.
14. The applicant shall prepare and process a separate demolition, septic tank
and well closure plan in addition to any required utility relocation plan.
15. The following comments are specific to the eight (8) sheet plan set for the
Vesting Tentative Map prepared by Aliquot, dated February, 2006:
· . The final map and improvement plans shall be modified to correctly
reflect required PUE/P AUE widths to accommodate all required
utility vaults, splice boxes and appurtenant underground joint trench
facilities and EBMUD water meter boxes, as found necessary by the
City Engineer.
· A supplemental soils report recommending final pavement design
sections shall be submitted for review and approval prior to the
issuance of a grading permit.
· The proposed new bridge shall be subject to issuance of a building
permit. The final bride plans, bridge coloring, and bridge railing
treatment shall be subject to Planning Staff review and approval prior
to issuance of a building permit. The bridge plans would be required
to be submitted, reviewed and approved by the Contra Costa County
PAGE 12 OF RESOLUTION 2006-14
Flood Control and Water Conservation District and the San Ramon
Fire Prevention District prior to issuance of a building permit.
(attention is called to potential new traffic loads exceeding the
historical H20 loading for the SRFPD).
· All areas subject to the structure setback criterion shall be reflected on
the final subdivision map and coordinated with final approved creek
cross sections, based upon a field survey, not aerial topography.
· A grading permit would be required. The Vesting Tentative Map
reflects pad elevations but does not designate pad limits. The final
grading plans submitted for grading permit issuance would be
required to reflect all pad limits, interior pad splits and perimeter
cutj fill daylight lines. Any grading within the bed and bank of
Sycamore Creek would be subject to Fish & Game and ACOE
approval where applicable. The final grading plans shall be required
to reflect the final alignment and location of recommended stitch
pIers.
· The applicant shall provide structure setback computations at 100'
intervals along Sycamore Creek with the final grading and
improvement plans. The Final Map shall be required to reflect the
final approved structure setback line.
· The final hydrology and hydraulic report for the project must
determine final 10 year and 100 year water surface elevations along
Sycamore Creek, at 100' stationing, to verify that anticipated design
flows are contained within the creek banks and conform to current
Contra Costa County Flood Control design requirements. This
information must be provided at the proposed new private bridge
and at the existing bridge facility. The final approved 100 year
hydraulic grade lines within Sycamore Creek shall be reflected on the
final approved grading plan sheets.
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.
*
2.
Street signing shall be installed by the applicant as may be required by the
City Engineer. Traffic signs and parking restriction signs, which may be
required to be installed, shall be subject to review and approval by the
Transportation Division and the Police Department.
*
3.
All mud or dirt carried off the construction site onto adjacent streets shall be
PAGE 13 OF RESOLUTION 2006-14
*
*
swept each day. Water flushing of site debris or sediment or concrete
washing is expressly prohibited.
4.
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.
5.
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.
6. 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.l. above and shall conform to Standard Plan 104 a & b.
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.
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 of the Town of Danville.
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 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.
PAGE 14 OF RESOLUTION 2006-14
*
*
*
*
*
*
*
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.
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.
All new utilities required to serve the development shall be installed
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 utility distribution facilities, including but not limited to electric,
communication, and cable television lines, within a residential subdivision
shall be under ground, except as follows:
a. Equipment appurtenant to under ground facilities, such as surface
mounted transformers, pedestal mounted terminal boxes and meter
boxes, and concealed ducts;
b. Metal poles supporting street lights.
11.
All street, drainage or grading improvement plans shall be prepared by a
licensed civil engineer.
I. BIOLOGICAL RESOURCES
1. The developer shall secure permits and approvals from the U.S. Army Corps of
Engineers, the U.S. Fish and Wildlife Department, California Department of Fish
and Game, the Regional Water Quality Control Board, and the Contra Costa County
Flood Control District for all improvements affecting wetlands, arid for all
improvements proposed on Sycamore Creek.
2. No work within the bed or banks of Sycamore Creek shall occur until a streambed
alteration agreement is executed with the Department of Fish and Game, and
PAGE 15 OF RESOLUTION 2006-14
necessary permits are secured from the Army Corps of Engineers and the Regional
Water Quality Control Board. Requirements by the Department of Fish and Game
shall be noted or graphically depicted on the construction plans.
3. Rare plant surveys shall be timed to coincide with the flowering period of target
species (April and Summer) and shall be conducted to determine if any special-status
plant species are present within the study area. If rare plants are present within the
development area of the proposed project, the feasibility of avoidance shall be
evaluated. If avoidance is not feasible, a mitigation plan shall be developed and
implemented.
4. If site disturbance commences between February 15 and August 15, a pre-
construction survey shall be conducted by a qualified wildlife biologist. If nests of
either migratory birds of prey are detected on or adjacent to the site, a no-disturbance
buffer (generally 75 feet for passerines and 250 feet for rap tors) in which no new site
disturbance is permitted shall be observed until August 15t/1, or the qualified biologist
determined that the young are foraging independently. The size for the no-
disturbance buffer shall be determined by a qualified wildlife biologist, and shall take
into account local site features and existing sources ofpotential disturbance. Ifmore
than 15 days elapses between the survey and site disturbance, the survey shall be
repeated.
5. Pre-construction surveys for California red-legged frogs and western pond turtles
shall be conducted not more than 48 hours prior to the commencement of site
disturbance. If California red-legged frogs are detected in an area where there is
potential for a taking during construction, the California Department of Fish and
Wildlife Service shall be consulted to determine the appropriate course of action. If
western pond turtles are detected, and they are likely to be disturbed during
construction of the project, they shall be relocated to a suitable reach of creek
upstream or downstream of the project.
6. Prior to construction, silt fencing or equivalent shall be installed along the top of
bank to prevent the movement of amphibians or reptiles from the riparian area onto
the project site. Vegetation shall be cleared from the soil surface prior to the
installation of the silt fencing. The bottom of this fencing shall be buried to a depth of
six inches and shall be checked and maintained weekly by the construction team to
ensure that no gaps develop through which amphibians or reptiles could pass. This
fencing shall be removed when construction of the proposed project is complete.
7. Prior to construction and the installation of the silt fencing described in MM 3-2, a
qualified biologist shall conduct a training session on California red-legged frogs and
western pond turtles for construction personnel.
PAGE 16 OF RESOLUTION 2006-14
8. A habitat assessment of on-site buildings and trees shall be conducted by a qualified
bat biologist with a Memorandum of Understanding with CD FG for work with bats.
The habitat assessment can be conducted at any time, excluding periods of rain. The
habitat assessment would be conducted to identify evidence of past or present bat
activity, and to determine the suitability of buildings or trees on the site for day
and/or night roost habitat. If no bats or evidence of bat roosting activity are found,
no further action is required and demolition shall occur within one week o/the
habitat assessment.
9. If evidence of past or present bat activity, or roosting bats or bat carcasses are
observed, a qualified bat biologist shall make recommendations for appropriate
measures to prevent "take". Such measures may include exclusion and humane
eviction of bats roosting within the structures during non-maternity seasonal periods
of activity, specifically February 15 - April 15, and August 15 - October 15, and
partial dismantling of structures to induce abandonment by bats, or other
appropriate measures.
10. Structures identified as potential night roosts only, shall be demolished during
daylight hours only, when no bats are occupying the structure.
11. To avoid "take" of bats during tree removal, smaller trees surrounding large trees
shall be removed before adjacent large trees (>18" diameter at breast height).
Removal of smaller trees that are not used by bats would create a level of disturbance
that should be sufficient to cause roosting bats to abandon the potential roost trees.
Trees identified as providing potential roost habitat by a qualified bat biologist may
also require removal of selected branches or limbs one day prior to complete removal,
at the direction of the bat biologist.
12. Riparian trees and shrubs removed for construction of the project shall be replaced on
site at not less than a 3:1 ratio (replacement:removal).
13. The area within the structure setback along the creek shall be protected in either a
conservation easement or similar deed restriction, such as Codes, Covenants and
Restrictions (CCRs) which prohibit the development of structures and introduction
of invasive non-native species within this area. Detailed language specifying
prohibited uses within the structure setback area shall be adopted.
J. 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 would
require Planning Commission approval through the Development Plan
PAGE 17 OF RESOLUTION 2006-14
*
*
*
*
*
*
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.
Pursuant to Government Code section 66474.9, the applicant (including the
applicant or any agent thereof) shall defend, indemnify, and hold harmless
the Town of Danville and its agents, officers, and employees from any claim,
action, or proceeding against the Town or its agents, officers, or employees to
attack, set aside, void, or annul, the Town' approval concerning this Planned
Unit Development Application, which action is brought within the time
period provided for in Section 66499.37. The Town would promptly notify
the applicant of any such claim, action, or proceeding and cooperate fully in
the defense.
4.
The project homeowners' association, through project-specific covenants,
conditions and restrictions (CC&Rs), shall be responsible for maintenance of
all on-site roads, pedestrian ways, common landscape areas, common
fencing, the project recreation areas, internal roads and parking areas,
common drainage facilities and any project installed off-site landscaping.
Draft project CC&Rs 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 Planning Division 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 disposal 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 18 OF RESOLUTION 2006-14
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. 2004-06) and all applicable
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. Prior to commencement of any site work that would result in a land
disturbance of one (1) acre or more in area, the applicant/ owner shall submit
evidence to the Town that the requirements for obtaining a State General
Construction Permit have been met. Such evidence may be the copy of the
Notice of Intent (NOI) sent to the State Water Resources Control Board.
Additionally, the applicant/owner shall submit evidence that the
requirements for obtaining the u.s. Army Corps of Engineers 404 Permit, the
State Water Resources Control Board's 401 Certification, and the California
Department of Fish .and Game's Streambank Alteration Agreement have
been or would 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.
APPROVED by the Danville Planning Commission at a regular meeting on July 11, 2006,
by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Storer, Morgan, Nichols, and Combs
Condie
Moran, Osborn, and Graham
~~
APPROVED AS TO FORM:
City Attorney
h~
Chief 0 PIa ing
PAGE 19 OF RESOLUTION 2006-14
(/l/t81