HomeMy WebLinkAbout2007-02
RESOLUTION NO. 2007-02
RECOMMENDING THAT THE TOWN COUNCIL ADOPT A MITIGATED
NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND
APPROVE PRELIMINARY DEVELOPMENT PLAN - REZONING
REQUEST PUD 2004-04, FINAL DEVELOPMENT PLAN -
MAJOR SUBDIVISION REQUEST SD 8919, AND TREE
REMOVAL REQUEST TR 2006-02
(APN: 196-310-004 - DA VIDON HOMES)
WHEREAS, DAVIDON HOMES (Applicant/Owner) has requested approval of
Preliminary Development Plan - Rezoning request PUD 2004-04, Final Development Plan-
Major Subdivision SD 8919, and a Tree Removal request TR 2006-02 involving a 15 + / - acre
site; and
WHEREAS, collectively, these approvals would rezone the site from R-20; Single Family
Residential District to P-l; Planned Unit Development District and subdivide the site into
22 single family residential lots and one remainder 3.7 + / - acre parcel; and
WHEREAS, the Tree Removal request TR 2006-02 requests authorization to allow the
removal of 26 Town-protected trees; and
WHEREAS, the subject site is located at 333 Hill Road and is further identified as
Assessor's Parcel Number 196-310-004; and
WHEREAS, the Town of Danville P-l; Planned Unit Development District Ordinance
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's Tree Preservation Ordinance requires approval of a
Tree Removal permit prior to the removal of a Town protected tree; and
WHEREAS, the item was first scheduled for the Planning Commission meeting of
February 14 ,2006, but was continued to a non-specified date prior to receiving any
testimony due to last minute issues which had come to light; and
WHEREAS, the project was reviewed by the Planning Commission during a noticed
public hearing on February 27, 2007; and
WHEREAS, in compliance with the California Environmental Quality Act (CEQA) a
Mitigated Negative Declaration of Environmental Significance has been prepared
indicating that, as amended through project modification or recommended conditions of
approval, 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
recommend that the Town Council approve the request; and
WHEREAS, the flanning 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 2004-04, Final
Development Plan - Major Subdivision request SD 8919, and Tree Removal request TR
2006-02 per the conditions contained herein, and makes the following findings in support
of these actions:
PRELIMINARY DEVELOPMENT PLAN - REZONING
1. The proposed Rezoning will substantially comply with the 2010 General Plan,
because the zoning of P-1; Planned Unit Development District is consistent with the
site's land use designation of Residential- Single family - Low Density (1-3 units
per acre).
2. The uses authorized or proposed in the land use district are compatible within the
district and to uses authorized in adjacent districts. The proposed infill housing is an
efficient development pattern since it will utilize and add to existing infrastructure
that services the adjacent single family residential uses.
3. Community need has been demonstrated for the use proposed, because housing is a
needed use. One of the housing policies in the 2010 General Plan promotes use of a
variety of methods to encourage affordable housing production. The related second
dwelling units will have the potential to provide an alternative housing solution for
residents for whom home ownership is not possible.
FINAL DEVELOPMENT PLAN - MAJOR SUBDIVISION
1. The proposed subdivision is in substantial conformance with the goals and policies
of the 2010 General Plan, which recognizes Danville's predominantly single family
residential character. The subdivision provides affordable housing units that are
consistent in scale and appearance of the existing residential neighborhood to the
extent reasonably possible.
PAGE 2 OF RESOLUTION NO. 2007-02
2. The design of the proposed subdivision is in substantial conformance with the
applicable zoning regulations. The proposed net lot sizes will range from 13,500
. square feet to 20,800 square feet, with the inclusion of a 3.7 + / - acre life estate parceL
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 new parcels. In addition, the Traffic Study prepared
for the project does not find any significant impacts related to additional traffic or
the roadway design, and finds that in some cases the project will improve traffic
conditions in the area.
'4. The density of the subdivision is physically suitable for the proposed density of
development. The proposed development of 22 lots and one parcel on a 15 + / - acres
falls within the allowable density range at 1.5 units per acre, consistent with the
site's General Plan land use designation of Residential- Single family - Low Density
(1-3 units per acre).
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 and the biological report for the project and related studies, and
responsible State and Federal agencies have found that the project will have no
affect on sensitive species. Bioswales and biocells will be installed allow run-off to
percolate into engineered surface soils, prior to being discharged into subsurface
pipes and to local creeks. The proposed facilities will exceed the minimum
requirements of the Regional Water Quality Control Board for stormwater quality.
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. The subdivision will provide for a
public roadway connection between Matadera Way and Blemer Road as required by
the Town of Danville 2010 General Plan and a connection to the south side of Oak
Hill Park as required by the Town of Danville 2010 General Plan.
7. The project will not cause on-site flooding or add to existing downstream flooding
as detailed in the Hydraulic Report prepared for the project and as concurred by the
Contra Costa County Flood Control and Water Conservation District and the State
Board of Water Resources, Flood Plain Management Branch.
PAGE 3 OF RESOLUTION NO. 2007-02
TREE REMOVAL PERMIT
1. It is necessary to remove the proposed trees to allow for the reasonable
development of the site in conformance with the Danville 2010 General Plan. The
site plan has been designed to save as many trees as possible, including two Town-
identified Heritage Trees. Trees to be removed will be mitigated as specified within
the Town's Tree Preservation Ordinance.
2. Removal of the trees will not have an adverse impact upon soil erosion or result in a
significant diversion or increase in the flow of surface water.
3. Because of the number, species, size and location of other protected trees in the area,
the tree removal will not have a significant adverse effect upon shade, privacy
between properties, and the scenic beauty of the area.
CONDITIONS OF APPROVAL
Conditions of approval with an asterisk (/1*/1) 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
issuance of grading permits or Town Council's approval of the initial final map for the
project (as determined appropriate by the Planning Division). 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
94-04 and Final Development Plan - Major Subdivision request SD 8919 to
rezone a 15 + / - acre site from R-20; Single Family Residential District to P-l;
Planned Unit Development District and to authorize the subdivision of the
site into 22 single family residential lots and one remainder 3.7 + / - acre
parcel. Approval is also authorized for Tree Removal request TR 2006-02
authorizing the removal of 26 Town-protected trees. Development shall be
substantially as shown on the project drawings as follows, except as may be
modified by conditions contained herein;
PAGE 4 OF RESOLUTION NO. 2007-02
a. Aerial Photo labeled "Site Location - Aerial Photo Plan," as prepared
by DK Associates, Vesting Tentative Map and Preliminary Grading
and Utility Plan, as prepared by DK Associates, Preliminary and Final
Development Plan Vesting Tentative Map, as prepared by DK
Associates, the Tree Preservation Plan, as prepared by DK Associates,
Preliminary Landscape Plan, as prepared by Rose Associates, and the
Boundary and Topographic Survey, as prepared by DK Associates,
final versions which were received by the Town of Danville on
February 7, 2007.
b. Project architectural floor plans, elevations, sections, roof plans, and
details, as prepared by Bassenian Lagoni Architects, labeled
"Matadera," dated received by the Planning Division on January 25,
2005.
c. Stormwater Control Plan C.3. report dated November 15, 2006, as
prepared by DK Associates
d. Weber Property Traffic Impact Study dated January 3, 2006, as
prepared by Feher & Peers Transportation Consultants
e. Tree Report, Weber Property Danville CA, dated January 2005, as
prepared by Hortscience, Inc.
f. Archaeological Assessment prepared by William Self Associates, Inc.,
dated July 20, 2004.
2. The developer shall be responsible for the payment of all development
processing fees and impact fees associated with the project. The fee amounts
to be paid shall be reflective of the fee schedules in effect at the time payment
is made, with fees to be paid prior to any Town Council final approval action
or issuance of permits, as may be applicable. Per Town Council action, the
amount of parkland in-lieu fees due for the project shall be as determined at
the time the final map is presented for Council approval. In addition to
various plan checking and inspection fees, notice should be taken of the
following fees (below fee estimates reflect current project data and fee
schedules in place as of February 27, 2007):
The following fees for creating 22 single family residential parcels and one
estate parcel are due at final map approval for the above-mentioned project:
PAGE 5 OF RESOLUTION NO. 2007-02
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1. Map Checking Fee (23 lots) ....................................$ 4,100.00
2. Improvement Plan Check Fee ..................3% of project cost
3. Engineering Inspection Fee ......................5% of project cost
4. Base Map Revision Fee (23/1ots @ $53/Iot) .........$1,219.00
5. Security and Legal Deposit....................................$15,000.00
6. North East Benefit District Fee (22Iots)............$ 367,492.00
7. Excavation Mitigation Fee (22 lots) .....................$ 24,860.00
The following fees are due at building permit issuance for each single family
dwelling:
1. Child Care Facilities Fee...................................... $ 335.001 ea
2. Storm Water Pollution Program Fee ................... $ 43.001 ea
3. SCC Regional Fee .............................................. $ 1,023.001 ea
4. Residential TIP Fee ..........................................not applicable
5. Tri- Valley Transportation Fee .............................. $1,8881 ea
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 $336.75 (449 notices X $0.75 per notice Xtwo 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 and the San Ramon Valley Unified School District
have been, or will 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 Fish and Game Code
Section 711.4( d). The fee shall be. $1,850.00. 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.
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 andlor 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
PAGE 6 OF RESOLUTION NO. 2007-02
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archaeological deposits are discovered during development of the site, local
Native American organizations shall be consulted and involved in making
resource management decisions.
7. Town approved construction activity shall be restricted to the period between the
weekday hours of 8:00 a.m. to 6:00 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.
9. 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.
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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.
All physical improvements shall be in place prior to occupancy of any
structure in the project. If occupancy within the project is :requested to occur
in phases,allphysical improvements shall be required to be in place prior to
occupancy except for items specifically excluded in a construction-phases
occupancy plan approved by the Planning Division. No structure shall be
occupied until construction activity in the adjoining area is complete and the
area is safe, accessible, provided with all reasonably expected services and
amenities, and appropriately separated from remaining additional
construction activity. A temporary vehicular turnaround shall be provided at
the end of the completed section of loop roadway to allow separation of
resident traffic and construction traffic.
PAGE 7 OF RESOLUTION NO. 2007-02
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12.
As part of the initial submittal for the final map, 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.
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13.
Planning Division sign-off is required prior to final building inspection sign-
off by the Building Division.
14. All construction related traffic shall enter the site from Matadera Way via
Diablo Road or from Blemer Road. Construction traffic may not access the
site via Matadera Way from Ackerman Drive or from Hill Road.
15. Prior to the issuance of grading permits, the applicant shall retain a specialist
to assess rodent control impacts anticipated to be associated with grading
activity and installation of subdivision improvements related to the
development. As deemed necessary, following the Planning Division's
review of the specialist's assessment, the applicant shall develop and
implement a rodent control plan to reduce impacts to surrounding properties
to the extent reasonable possible for the time periods of heavy construction
activity. The report shall include a schedule for regular rodent inspections
and mitigation in conjunction with the developer and the Town based on the
development schedule for the project. This report shall be subject to review
and approval by the Planning Division.
16. The applicant shall be responsible for washing the exterior of adjacent
residences, and cleaning pools and patios etc. at the completion of grading
activities. The residences to receive cleaning, the extent of the cleaning
efforts to be performed and the timing (and frequency) of such cleaning shall
be subject to review and approval by the Town.
17. As part of the subject P-l; Planned Unit Development District, Parcel B is
authorized for future use as an estate residential lot (as specified under the
agreement establishing the Life Estate), or for public park and recreation uses
subject to future determination by the Town.
PAGE 8 OF RESOLUTION NO. 2007-02
18. Except as otherwise authorized by this approval, Lots 1-22 within this
subdivision shall be subject to the development standards, land uses, and
conditional uses established under the Town's R-15; Single Family
Residential District Ordinance.
B. SITE PLANNING
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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.
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2.
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.
3. The applicant shall continue to work with the developer of the property to
the east (i.e., the O'Brien property) to coordinate the edge treatment between
the two residential projects. Minor modifications to the project plans that
improve this interface are subject to review and approval by the City
Engineer.
4. The applicant shall document, to the satisfaction of the Planning Division,
that a good faith effort has been made to secure the requisite authorization to
perform off-site work involving the adjoining properties along San Gregorio
Court, with such work to include, but not necessarily be limited to, grading
to fill the proposed drainage ditch in the rear yards between the residences
along San Gregorio Court and the new homes to be constructed on" Oak Hill
Court" and the installation of a new good neighbor fence. The Town shall
also contact the affected neighbors and confirm that this condition has been
fulfilled prior to issuance of grading permits for the project. This would
result in the extension of additional flat rear yard area for the lots involved.
If an agreement can be reached, this grading design shall be incorporated
into the final grading plan and improvement plans for the project, subject to
review and approval by the Town. The cooperation of all affected neighbors
on San Gregorio Ct. must be obtained prior to implementation of this
condition.
5. The treatment of the rear slopes of Lots 21 and 22 shall be subject to further
detailed review by the Planning Division. The details shall include the
steepness of the slopes, any retaining walls, planting and fence design and
PAGE 9 OF RESOLUTION NO. 2007-02
location. In addition, the applicant shall document that they have made a
good faith effort with the adjacent property owners (i.e., Lots 1 and 2 on
Blemer Place) to secure a Lot Line Adjustment which would result in the
conveyance of these slope areas to those adjacent lots.
6. Water valves, fire hook-ups, post indicator valves, reduced back flow devices
and other utilities shall not be placed where such valves or devices are visible
or visually prominent. The owner or applicant shall coordinate with the
Town and applicable agencies to determine a functionally and aesthetically
acceptable location.
C. LANDSCAPING
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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.
2.
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. A
minimum of 25% of the true shrubs planted in the project (i.e., not including
Lily of the Nile, Tawny Day Lily and equivalent) shall be 10 or IS-gallon
container size shrubs.
All landscaped areas not covered by shrubs and trees shall be planted with
live ground cover. Allproposed ground cover shall be placed so that they
fill in within two years.
4. This permit authorizes the removal of 26 Town protected trees, with such
removal as described within the project tree report and shown on the above
referenced Tree Removal Plan.
3.
5. The 50 inch Valley Oak tree identified as Tree 48 on the project Tree Report and
Survey, is approved for removal. This tree shall be replaced with a 60 inch box size
valley oak tree in the median on Weber Lane just before Blemer Road.
6. The applicant shall be required to replace the 26 Town-protected trees to be removed
with a number and size of valley and coast oak trees equal to the total diameter of the
trees to be removed. The trees shall be planted on-site, in addition to the trees
proposed as pat of the landscape plan, or off-site in nearby public areas as determined
appropriate by the Planning Division.
PAGE 10 OF RESOLUTION NO. 2007-02
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7. The tree preservation guidelines established in the tree surveyjarborist report
performed for this site, prepared by Hortscience (dated January 2005), shall be
incorporated into the detailed site development plans. The tree survey shall be
updated to provide tree-specific preservation measures for those existing trees to be
retained within the project. The recommendations of this supplemental report shall
be incorporated into the final design and construction of the project.
8.
A security deposit in the amount of the assessed value of the Town-protected tree(s)
for which development is proposed to occur within the drip line (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 "Guidefor 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
(as defined within the Town's Tree Preservation Ordinance). 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. Prior to tree removal and grading within the development area, a determination shall
be made as to whether grading or tree removal is proposed during the raptor nesting
season (February through August). If grading or tree removal is proposed during
the raptor nesting season, a focused tree pre-construction survey for raptor nests
shall be conducted by a qualified biologist during the nesting season to identify active
nests on the project site. The survey shall be conducted no less than 14 days, and no
more than 30 days, prior to the beginning of grading or tree removal. If nesting
rap tors are found during the focused survey, no grading or tree removal shall occur
within 500 feet of an active nest until the young have fledged (as determined by a
qualified biologist. If impacts to nest trees are unavoidable, they shall be removed
during the non-breeding season. .
10.
A minimum of two street trees per lot (three for corner lots) shall be
incorporated into the final landscape and irrigation plan for the project.
PAGE 11 OF RESOLUTION NO. 2007-02
11. The applicant shall submit a fence plan for the project for review by the
Town and the Design Review Board prior to issuance of building permits for
the project. Special attention shall be given to the fence design for Lots I, 5,
6,16, and 22. All fences shall be constructed of pressure treated Douglas fir
or the equivalent, shall include 2" x 8" kickboards, and shall utilize 2/1x 2"
top and bottom fence board nailers, and full caliper 2" x 4" or 2" x 6"
railboards.
12. The applicant shall plant a substantial number of trees and shrubs between
the rear yards. of Lots 10-13 to provide for a privacy barrier between these
lots and the existing residences on San Gregorio Court. These trees/ shrubs
shall be of a species which will not exceed the ridgeline of the new homes
(approximately 19 feet). The final landscape plan shall be subject to review
and approval by the Town's Design Review Board.
D. ARCHITECTURE
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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
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.
If signing for the development is desired, in addition to any signs approved
as part of this application, a comprehensive sign program shall be submitted
to the Town for consideration under a separate application.
PAGE 12 OF RESOLUTION NO. 2007-02
E. PARKING
Regulatory signagej curb painting for the non-parking side of Weber Lane
shall be provided to the satisfaction of the San Ramon Valley Fire Protection
District and the City Engineer.
F. GRADING
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1.
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.
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 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
PAGE 13 OF RESOLUTION NO. 2007-02
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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 !3.nd 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.
8.
All cut and fill areas shall be appropriately designed to minimize the effects
of ground shaking and settlement.
9.
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 Services 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.
11. Details of project retaining walls, including locations, height, and exterior
finish treatment, shall be subject to review and approval the Town through
the grading plans and/ or subdivision improvement plan check process.
PAGE 14 OF RESOLUTION NO. 2007-02
.G. STREETS
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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
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.
Handicapped ramps shall be provided and located as required by the City
Engineer.
7.
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.
8. The developer shall install three vertical deflection devices (speed humps),
along Weber Lane at locations designated by the Transportation Division.
The vertical deflection devices shall be included on the project improvement
plans and shall be subject to review, approval and inspection by the
Transportation Department.
PAGE 15 OF RESOLUTION NO. 2007-02
9. The developer shall be required to install stop signs at the intersections of
Weber Lane/Blemer Road three-way as well as a one way stop sign at Weber
Lane and Matadera Way. The stop signs shall be included on the project
improvement plans.
10. The developer shall stripe curbs and install any necessary parking or
circulation signage, as determined by the Transportation Department. All
required striping and signage shall be included on the project improvement
plans.
11. The timing of opening Weber Lane to through public traffic shall be subject
to approval by the Town. Prior to opening of Weber Lane as a through road
to the public, the vertical deflection devices, and all signage and striping,
shall be installed as shown on the approved project improvement plans.
12. The developer shall commission a follow-up traffic study after one year of
operation of the project roadway system to determine if the Matadera
neighborhood is being adversely impacted by cut-through traffic. If
determined necessary after the follow-up traffic study, additional traffic
calming measures such as speed humps on Matadera Way, Matadera Circle,
and/ or EI Quanito Drive shall be installed subject to determination of need
through the Town's Neighborhood Transportation Management Program.
13. The project plans shall be modified to reflect the roadway and pedestrian
circulation design near the Weber Lane/Blemer Road intersection reflected
on Exhibit I of the Planning Commission staff report prepared for this project
dated February 27, 2007.
14. The cul-de-sac on Oak Hill Court shall be designed to meet the minimum
requirements of the San Ramon Valley Fire Protection District.
15. The final design of the drop-off/pick-up/turn around area near Blemer
Road, and the new driveway up the hill to the Weber residence, shall be
subject to review and approval by the Town as part of the improvement plan
reVIew process.
16. The sidewalk on the west side of Weber Lane shall be widened to six feet to
accommodate both pedestrian and bicycle traffic. Appropriate signage
and/ or pavement markings shall be provided to the satisfaction of the
Town's Transportation Department.
PAGE 16 OF RESOLUTION NO. 2007-02
H. INFRASTRUCTURE
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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 and/ or the Chief Engineer of the Contra Costa County Flood
Control & Water Conservation District.
4.
All required improvements to area creeks for drainage purposes shall meet
the requirements of existing Town of Danville, Contra Costa County Flood
Control & Water Conservation District, the Department of Fish & Game, the
Department of u.s. Fish and Wildlife, California Regional Water Quality
Control Board and the United States Army Corps of Engineers codes and
policies.
5.
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.
6.
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.
7.
Any portion of the drainage system that conveys runoff from public streets
shall be installed within a dedicated drainage easement, or public street.
8.
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.
9.
The applicant shall furnish proof to the City Engineer of the acquisition of all
PAGE 17 OF RESOLUTION NO. 2007-02
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necessary rights of entry, permits and/ or easements for the construction of
off-site temporary or permanent road and drainage improvements.
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.
All utility distribution facilities, including but not limited to electric,
communication, and cable television lines, within and residential or
commercial 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.
All street, drainage or grading improvement plans shall be prepared by a
licensed civil engineer.
I. MISCELLANEOUS
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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.
The developer shall be responsible for forming a homeowners' association
for the project. The project homeowners' association, through project-specific
covenants, conditions and restrictions (CC&Rs), shall be responsible for
maintenance of the drainages, bioswale, biocell and other common on-site
landscaping, including the medians around the large oak trees near Blemer
Road, and Parcel A. 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.
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
PAGE 18 OF RESOLUTION NO. 2007-02
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project, the applicantj 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.
4.
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. Developer training of contractors on
BMPs for construction activities is a requirement of this appoval.
5.
Prior to commencement of any site work that will result in a land
disturbance, the applicantj 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 sent to the State
Water Resources Control Board. Additionally, the applicant/ owner shall
submit evidence that the requirements for obtaining the us. 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/ agreement and/ or a letter from the applicant/ owner
stating the above permits are not required for the subject project.
6.
. A Notice of Intent and Storm Water Pollution Prevention Plan (SWPPP) shall
be filed with the Regional Water Quality Control Board and a copy given to
the City Engineer prior to commencement of any construction activity. A
SWPPP shall be prepared as part of the preparation of project improvement
plans. The SWPPP shall supplement the erosion control plan prepared for
the project, if one is required. These documents shall also be kept on-site
while the project is under construction.
7. The project shall conform to the Regional Water Quality Control Board post-
construction C.3 regulations which shall be designed and engineered to
integrate into the project's overall site, architectural, landscaping and
improvement plans. These requirements are contained in the project's
PAGE 19 OF RESOLUTION NO. 2007-02
Stormwater Control Plan, which is subject refinement through the Town's
review of the final grading and improvement plans, and are to be
implemented as follows:
Prior to issuance of permits for building, site improvements, or
landscaping, the permit application shall be consistent with the
applicant's approved Stormwater Control Plan and shall include
drawings and specifications necessary to implement all measures in
the approved Plan. The permit application shall include a completed
II Construction Plan C.3 Checklist" as described in the Town's
Storrnwater C.3 Guidebook.
As may be required by the City Engineer and the Chief of Planning,
drawings submitted with the permit application (including structural,
mechanical, architectural, grading, drainage, site, landscape, and
other drawings) shall show the details and methods of construction
for site design features, measures to limit directly connected
impervious area, pervious pavements, self-retaining areas, treatment
BMPs, permanent source control BMPs, and other features that
control stormwater flow and potential stormwater pollutants.
Prior to building permit final and issuance of a Certificate of
Occupancy, the applicant shall execute any agreements identified in
the Stormwater Control Plan which pertain to the transfer of
ownership and/ or long-term maintenance of stormwater treatment or
hydrograph modification BMPs.
Prior to building permit final and issuance of a Certificate of
Occupancy, the applicant shall submit, for the Town's review and
approval, a Stormwater BMP Operation and Maintenance Plan in
accordance with the Town of Danville guidelines. Guidelines for the
preparation of Stormwater BMP Operation and Maintenance Plans
are in Appendix F of the Town's Storrnwater C.3 Guidebook.
8. The project shall conform to the Town's Inclusionary Housing for Affordable
Residential Housing Ordinance. The developer shall provide at least five
below market rate for-rent second units, as defined by the Ordinance or
second units to the satisfaction of the Planning Division. If rented, these
second units shall be rented at an affordable rate, as set by the California
Department of Housing and Community Development, to be affordable to
low income households. The development and tenant of below market rate
units shall be subject to an affordable housing agreement, which is subject to
review and approval by the Town Council prior to recordation of the final
map for the project. In addition, a deed restriction shall be recorded with the
PAGE 20 OF RESOLUTION NO. 2007-02
Contra Costa County Recorder in accordance with the Town's Second
Dwelling Unit Ordinance precluding concurrent use of the second units and
the respective primary residence as rental units. These second units are
authorized to be up to 750 square feet in size. This condition does not
preclude future property owners in this subdivision from building additional
second dwelling units in compliance with the Town's Second Dwelling Unit
Ordinance.
APPROVED by the Danville Planning Commission at a regular meeting on February 27,
2007, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Antoun, Combs, Condie, Morgan, Nic7j s, Os
Chairman
APPROVED AS TO FORM:
~8~
City Attorney J
~ii:
PAGE 21 OF RESOLUTION NO. 2007-02