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HomeMy WebLinkAbout090-95RESOLUTION NO. 90-95 APPROVING A PRELIMINARY DEVELOPMENT PLAN REQUEST PUD (PUD 95-01) AND A MAJOR SUBDIVISION REQUEST (SD 7995) PROVIDING FOR THE DEVELOPMENT OF A 40 UNIT TOWNHOUSE PROJECT (APN: 206-010-050 -- KAUFMAN AND BROAD) WHEREAS, Kaufinan and Broad of Northern California has requested approval of a Preliminary Development Plan - Rezoning request (PUD 95-01) and Final Development Plan - Major Subdivision request (SD 7955) to rezone a property from P-l; Planned Unit Development District to a new P-l; Planned Unit Development District and to subdivide the property to allow for a site specific 40 unit Townhouse development on a 5 +/- acre site; and WHEREAS, the subject property is identified as Parcel B of Minor Subdivision MS 860-90, being on the south side of Camino Tassajara, east of Center Way, across the creek and south of the SpeeDee Lube service facility and is further identified as Assessor's Parcel Number 206- 010-050; and WHEREAS, the Town of Danville Planned Unit Development Zoning Ordinance requires approval of a Preliminary and Final Development plan prior to development of the site; and WHEREAS, the Town of Danville Subdivision Ordinance requires approval of a Major Subdivision - Tentative Map prior to recordation of a final map; and WHEREAS, the Planning Commission did review the project at noticed public hearings on April 25, 1995, and on May 9, 1995 and adopted Resolution No. 95-11 recommending the Town Council approve the project; and WHEREAS, the Town Council of the Town of Danville did review the project during a noticed public hearing on June 20, 1995; 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 Town Council approve the request; and WHEREAS, the Town Council did hear and consider all reports, recommendations, and testimony submitted in writing and presented at the hearing; now, therefore, be it RESOLVED that the Town Council of the Town of Danville approves of the Preliminary Development Plan - Rezoning request PUD 95-01 and Final Development Plan - Major Subdivision request SD 7955 per the conditions contained herein, and makes the following findings in support of this action: PAGE 3 OF RESOLUTION NO. 90-95 Preliminary Development Plan - Rezoning: 1. The proposed project is consistent with the Danville 2005 General Plan. 0 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. . There is no evidence before the Town that the proposed project will have potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Final Development Plan - Major Subdivision: o The proposed subdivision is in substantial conformance with the goals and policies of the General Plan. . The design of the proposed subdivision is in substantial conformance with the applicable zoning regulations. . The design of the subdivision and the type of associated hnprovements will not likely cause serious public health problems because water and sanitary facilities services will be available to the new development. . The density of the subdivision is physically suitable for the proposed density of development. ° 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. . 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 proposal fulf'dls the following goals and policies contained within the Danville 2005 General Plan: . The proposed project will help preserve the limited areas planned for multiple family residential development (Policy 1.09). 0 The proposed project allows for development which is consistent with the provision of essential public services and facilities (Policy 1.02). PAGE 4 OF RESOLUTION NO. 90-95 . The proposed project allows for development which recognizes the need for suitably located housing facilities, and services for all age groups (Policy 1.04). , The proposed project is an example of well planned development which, through the production of a full EIR for the Tassajara Ranch development area, has considered the cumulative effects of development (Policy 1.10). 5, The proposed project, part of the Tassajara Ranch Planned Unit Development Project, is an example of urban development which has achieved the goal of preserving land for open space purposes (Policy 1.11). . The proposed project provides a public access easement along the adjacent Alamo Creek (Policy 10.04) o The proposed project will help promote home ownership for moderate income buyers (Housing Element Goal 3.0). PAGE 5 OF RESOLUTION NO. 90-95 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 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 Preliminary Development Plan - Rezoning request PUD 95-01 and final Development Plan - Major Subdivision request SD 7955, also identified as Shadowhawk II. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; a. Preliminary Development Plan, Final Development Plan and Vesting Tentative Map SD 7955, labeled "California Shadowhawk II", as prepared by Carlson, Barbee & (Jibson, Inc., dated received by the Planning Division on April 12, 1995. b0 Architectural plans labeled "Shadowhawk II", as prepared by Kaufman and Broad Architecture, dated received by the Planning division on April 7, 1995. C. Preliminary. Landscape Plan labeled "California Shadowhawk II", dated received by the Planning Division on April 7, 1995. d. Ridgeline comparison plans labeled "Ridgeline Comparison", as prepared by Carlson, Barbee & Gibson, Inc., dated received by the Planning Division on April 12, 1995. e. Revised project site plan which depicts the provision of a recreation area, additional parking, and revised hammerhead design on the west side of the site, as prepared by Carlson, Barbee & Gibson, Inc., dated received by the Planning Division on May 5, 1995. o The applicant shall pay any and all Town and other related fees that the property may be subject to. These fees shall be based on the current fee schedule in effect at the time the relevant permits are secured, and shall be paid prior to issuance of said permit and prior to any Town Council final approval action. Notice should be taken specifically of the Town's Tassajara Area Transportation Impact fee, Assessment District Reapportionment, Child Care Facilities, Contra Costa County Flood Control & Water Conservation District fees (Drainage Areas and Mitigation), Town of Danville plan checking, and inspection fees. PAGE 6 OF RESOLUTION NO. 90-95 , . . 6. . . o 10. 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 March 20, 1995. 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. 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 Ainerican organizations shall be consulted and involved in making resource management decisions. Construction activity shall be restricted to the period between the weekday hours of 7:30 a.m. to 5:30 p.m. (Mondays through Fridays), unless otherwise approved in writing by the City Engineer for general construction activity and the Chief Building Official for building construction activity. 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 work days. 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, all physical 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 PAGE 7 OF RESOLUTION NO. 90-95 B. traffic and construction traffic. 11. This project shall comply with all pertinent mitigation measures established as part of the previously certified Dougherty Road General Plan Amendment Environmental Impact Report. 12. Prior to the commencement of any site work, a construction parking plan shall be submitted for review and approval by the Planning Division. The project's road system shall be installed prior to any combustible construction. The roadway system shall be made available for use as on-site construction parking area. SITE PLANNING . All lighting shall be installed in such a manner that lighting is generally down- directed and glare is directed away from surrounding properties and rights-of-way. A lighting plan shall be submitted to the for review and approval by the Planning Division and the Town's Design Review Board prior to issuance of building permits for the project and, if determined necessary to minimize glare and overall lighting intensity, area lighting may be required to use low pole standards (i.e., 3'6' heighO. o 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. . All development, except for the previously approved creek crossing, shall be kept outside of the creek area, which includes the area within the dripline of the trees within the creek area, as shown on the tentative map for the project (subject to modification and final approval by the Army Corps of Engineers). Prior to development of the site, this line shall be staked to delineate its exact location. o The number of building group end units which will abut the existing single family homes to the south shall not exceed the number of abutting single family units. . The ridge elevation of the townhouses shall not exceed the ridge elevation of the adjacent single family homes. . A visual landscape planting buffer shall be established which shall include select planting of fast growing 24" box size trees between the Townhouse units and the existing adjacent single family homes to the south. The goal of this buffer planting shall include mitigating pot6nztial impacts of light and glare from project vehicles and project lighting, and providing privacy screening between the townhouse end units and the adjacent single family homes. Where appropriate, the landscaping shall be evergreen to provide a year-round screen. In order to identify the best placement of trees along the south project boundary, this portion of the project landscape plan shall be developed with input from affected adjacent homeowners during or directly after the completion of the units. The landscape plan shall be subject to review and approval by the Town's Design Review Board prior to final PAGE 8 OF RESOLUTION NO. 90-95 . . . 10. 11. 12. 13. 14. approval. A physical barrier, including an adequate landscape barrier, shall be included in the final landscape plan near the southwest end of the roadway adjacent to the creek. The intent of the barrier is to discourage pedestrian shortcuts to Tassajara Ranch Drive. The developer shall pursue necessary easement rights, or a title agreement, from the owner of Parcel A of MS 860-90, to allow the use of the southwest comer of the proposed project entry road and Camino Tassajara for project entry landscaping and/or an entry monument. If appropriate rights are secured, the design of this entry area shall be submitted for review and approval by the Planning Division as part of the final landscape and irrigation plans. The maximum height for the retaining walls near the edge of the creek in the northwest portion of the project, near the hammerhead turnaround, shall be five feet. This may require the construction of two five foot retaining walls, which shall have a minimum separation of three feet. An adequate barrier, which might include landscaping, a rail fence or fences shall be constructed along the north side of the project's interior road, adjacent to the creek, as determined necessary by the City Engineer for traffic safety. The barrier shall also meet the requirements of the Contra Costa County Flood Control and Water Conservation District for access to the creek. The design of the barrier shall be included in the final landscape and irrigation plans for the project and shall be subject to review and approval by the Design Review Board. The barrier shall be substantially consistent with the preliminary fence plans (a low wood rail fence) presented at the 6/20/95 Town Council meeting and on file with the Planning Division. The design of the retaining walls to be constructed near the creek in the northwest portion of the site shall be subject to final review and approval by the Design Review Board prior to construction. Depending on the height and visibility of the walls, the walls shall include a decorative finish, or shall be a crib-wall with vegetation planting incorporated into the wall. The retaining wall between the hammerhead turnaround and the parking stalls on the west side of the site shall be angled between the corner of the parking stall and the corner of the turnaround, instead of the "U' shape currently shown on the project drawings. The developer shall dedicate a pedestrian trail easement over the project's private road from the east side of B Street west to the intersection of B Street and A Street. The easement shall then cover the sidewalk on the east side of A Street, extending north to its intersection with Camino Tassajara. This pedestrian trail easement shall be shown on the final map for the project. The developer shall reserve an area for a children's play area (tot lot) and passive recreation/gathering area as shown on the revised project plans referenced above. PAGE 9 OF RESOLUTION NO. 90-95 C. Improvements within the play area and passive recreation/gathering area shall be installed prior to occupancy of the last unit in the subdivision. 15. There shall be no greater than a one foot deviation for rearyard setbacks for all proposed building groups from the setbacks shown on the above referenced project plans. LANDSCAPING . Final landscape and irrigation plans (with planting shown at 1"= 20' scale) shall be submitted for review and approval by the Planning Division and the Town's Design Review Board. 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. The Final Landscape plans shall include details of the tree planting within the creek area which may be required as mitigation by the U.S. Army Corps of Engineers for tree removal associated with construction of the bridge. At a minimum (regardless of U.S. Army Corps of Engineers mitigation requirements), trees shall be planted on- site within the creek area at a ratio of three new trees per one tree removed. . 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 shall be designed to avoid runoff and overspray. . All trees shall be a minimum of 15 gallon container size. All trees shall be properly staked. All shrubs, used in the project, which are not used as ground cover, shall be a minimum of five gallons in size. . All landscaped areas not covered by shrubs and trees shall be planted with live ground cover. All proposed ground cover shall be placed so that they fill in within two years. . In compliance with the Town's landscape guidelines, proposed common maintenance lawn areas within the project shall not exceed a maximum of 25 percent of proposed common landscaped areas. . The design of the project's rearyard slope, between the units and the existing rearyard fence line of the existing single family homes, shall be designed to assure the ability to establish substantial landscaping in this area. Observation of this requirement may result in the need to construct some low retaining walls along the southern boundary of the property. In addition, a minimum one foot of flat area (at the same grade as the adjacent rearyards) shall be provided adjacent to the existing rearyard fences for the existing homes to the south prior to commencement of the sloping landscaped area. . New landscaping between the creek wetlands line and the project's private street, in the southwest portion of the site, shall emphasis planting to mitigate the view of the retaining walls proposed for development in this area. PAGE 10 OF RESOLUTION NO. 90-95 O. E. . The developer shall diligently pursue necessary easements or license agreements to landscape the off-site area on the east side of Tassajara Ranch Drive, west of Alamo Creek and north of Zenith Ridge Drive. If the necessary agreements are secured, this landscaping shall consist of 24' box size evergreen type trees to provide a planting buffer from Tassajara Ranch Drive east into the project site. ARCHITECTURE . All ducts, meters, air conditioning and/or any other mechanical equipment whether on the structure or on the ground shall be effectively screened from view with landscaping or materials architecturally compatible with the main structures. . The street numbers for each structure in the project shall be posted so as to be easily seen from the street at all times, day and night. . Samples of final materials and the proposed color pallet shall be submitted for review and approval by the Design Review Board prior to the issuance of building permits for the project. . 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. . The project covenants, conditions and restrictions shall provide a review and approval process for any proposed repainting or reroofing of exteriors of the units in this project. , The rock treatment on the unit front elevations should wrap around the comer to a logical termination point on all end units. . A revised color pallet shall be developed to help provide an identity for this project which is separate from the previously approved 196 unit Shadowhawk project on Center Way. . Final details, colors, materials, and the Final Landscape Plan shall be submitted for final review and approval by the Design Review Board prior to issuance of Building Permits. PARKIN(_; . All parking spaces shall be striped and provided with wheel stops unless they are fronted by concrete curbs, in which case sufficient areas shall be provided beyond the ends of all parking spaces to accommodate the overhang of automobiles. . Where authorized, compact car spaces shall be clearly designated with appropriate pavement marking or signage. Compact spaces shall be no less than 8 feet by 16 feet in size, including allowable overhang. PAGE 11 OF RESOLUTION NO. 90-95 F. . Regulatory signage/curb painting for the non-parking side of the interior loop roadway shall be provided, if deemed necessary, to the satisfaction of the San Ramon Valley Fire Protection District and the City Engineer. . The project CC & Rs shall include language to regulate the frequency that residents can utilize the common guest parking spaces. The intent of this requirement is to prevent other than short term, intermittent occupancy of guest spaces by resident cars (i.e., parking of resident cars is to be all but exclusively limited to private garage parking spaces). The language shall include a provision to enable the project's home owner's association to assess a $25 daily fee for violation of this requirement. GRADING . Any grading on adjacent properties will require prior written approval of those property owners affected. . At least one week prior to commencement of grading, the applicant shall post the site and mail to the owners of property within 300 feet of the exterior boundary of the project site, to the homeowner associations of nearby residential projects and to the Town of Danville Development Services Department, a notice that construction work will commence. The notice shall include a list of contact persons with name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be kept current at all times and shall consist of persons with authority to initiate corrective action in their area of responsibility. The names of individuals responsible for dust, noise and litter control shall be expressly identified in the notice. . 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. The soils report shall include an addendum which specifically addresses the design of the proposed fill slope adjacent to the creek are near the west portion of the site. Construction of the fill slopes shall be in compliance with the recommendations of the report. In addition, the soils report shall discuss and make recommendation pertaining to seismic hazards (ground rupture, ground shaking, liquefaction, etc). Additionally, the soils report shall address, and recommend appropriate mitigation for, potential geotechnical impacts that the proposed development may have on adjacent surrounding properties. . 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 PAGE 12 OF RESOLUTION NO. 90-95 G. . . . 0 10. Ordinance (Ord. 91-25). Restrictions include limiting construction primarily to the dry months of the year (May through October) and, if construction does occur during the rainy season, the use of sediment traps and other devices to minimize erosion. 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 deemed appropriate by the Health Department, the applicant shall make provisions for immediate containment of the materials. 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. A NPDES construction permit may be required, as determined by the City Engineer. 11. Areas undergoing grading, and all other construction activities, shall be watered, or treated with other dust control measures, to prevent creation of dust and impacts associated with wind erosion. 12. The final grading plan shall be submitted for review and approval by the Planning Division prior to final approval. The applicant shall work with staff in a good faith effort to modify the grading plans to minimize the pad elevations where reasonably possible, particulary for the western portion of the site. STREETS 10 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. . 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 or PAGE 13 OF RESOLUTION NO. 90-95 H. . . water-flushed each day. 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. . Public streets shall be improved to the standards in #G.5. above. Private streets shall be improved to public street structural standards. Private street improvements, and their dimensions, shall be as shown on the project plans identified in #A. 1. above and shall conform to Standard Plan 104 a & b. . A satisfactory private road and private storm drain maintenance agreement shall be submitted for approval of the City Attorney prior to any Town Council final approval action. . This subdivision has 164 linear feet of frontage along Tassajara Ranch Drive. This subdivision shall be responsible for the improvement of this 164 feet of frontage with the installation of a 5' wide concrete sidewalk. Because of increased pedestrian traffic from this development and the presence of existing, unsafe, broken sidewalk lying southerly of this development's frontage along Tassajara Ranch Road, this development shall also be responsible for continuing the 5' wide concrete sidewalk, southerly to the northeast corner at Center Way (an additional 90'). . The developer shall improve the entrance of this subdivision at Camino Tassajara with the installation of a proper curb return and handicap ramp as well as a concrete curb and gutter along the west side of "A" street. 10. "A" street shall be widened to provide a total of 30 feet of roadway,.and the proposed 4.5 foot wide sidewalk. INFRASTRUCTURE . Domestic water supply shall be from an existing public water system. Water supply service shall be from the East Bay Municipal Utility District (EBMUD) water system in accordance with the requirements of EBMUD. EBMUD's initial comments on this project are summarized within their memorandum dated March 14, 1995. . All wastewater shall be disposed into an existing sewer system. Sewer disposal service shall be from the Central Contra Costa Sanitary District (CCCSD) sewer system in accordance with the requirements of CCCSD. PAGE 14 OF RESOLUTION NO. 90-95 . , . . . . o 10. 11. 12. 13. 14. 15. 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 (CCCFC & WCD). 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, and the United States Army Corps of Engineers codes and policies. 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. Roof drainage from structures shall be collected via a closed pipe and conveyed to an approved storm drainage facility of the street curb. No concentrated drainage shall be permitted to surface flow across sidewalks. Any portion of the drainage system that conveys runoff from public streets shall be installed within a dedicated drainage easement, or public street. If a storm drain must cross a lot, or be in an easement between lots, the easement shall be equal to or at least double the depth of the storm drain. The applicant shall furnish proof to the City Engineer of the acquisition of all necessary rights of entry, permits and/or easements for the construction of off-site temporary or permanent road and drainage improvements. 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. All new utilities required to serve the development shall be installed underground. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. If deemed necessary by the City Engineer, a Storm Water Pollution Prevention Plan (SWPPP) shall be prepared as part of the preparation of project improvement plans to assure prevention of construction related silt and pollutants from leaving the site and polluting the downstream water courses. The SWPPP shall supplement the erosion control plan prepared for the project. If a common carwash area is created to serve the project, the waste water created by washing cars shall be directed to the sewer collection system rather than the storm water collection system, unless otherwise authorized by the SWPPP. The final design of the arch bridge creek crossing shall be subject to review and PAGE 15 OF RESOLUTION NO. 90-95 I. approval by the Contra Costa County Flood Control and Water Conservation District, the City Engineer. Details of the exterior appearance of the bridge including safety rails, shall be submitted for review and approval by the Town's Design Review Board prior for final approval. The design of the bridge shall be consistent with the arch bridge design presented at the 5/9/95 Planning Commission meeting and with the photos and section drawings on file with the Planning Division. Construction shall take place is conformance with the required permits from the U.S. Army Corps of Engineers and the California Department of Fish and Game. MISCELLANEOUS , The project shall be constructed as approved. Minor modifications in the design, but not the use, may be approved by Staff. Any other change will require Planning Commission approval through the Development Plan review process. . Conditions of this approval may require the applicant to install public improvements on land neither the applicant, nor the Town, has easement rights to allow the improvements to be installed upon. 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. . 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's approval concerning this development application, which action is brought within the time period provided for in Section 66499.37. The Town will promptly notify the applicant of any such claim, action, or proceeding and cooperate fully in the defense. . 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, 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. . The project CC&Rs shall include a provision which requires unit garages to be used for parking of cars, and not for storage of other materials. . The project CC&Rs shall include a statement advising the homeowners of the maintenance easement in favor of the Contra Costa County Flood Control and Water Conservation District (CCCFC&WCD) which covers the creek and the project's private road along the creek. The statement shall also advise and require the homeowners to vacate the guest parking spaces along the creek as may be required by the PAGE 16 OF RESOLUTION NO. 90-95 , 8. . 10. CCCFC&WCD for periodic maintenance of the creek. Use of a private gated entrance is expressly prohibited. 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. Documentation shall be submitted to the Town to show that all appropriate permits from the California Department of Fish and Game and the U.S. Army Corps of Engineers have been obtained by the developer and that development authorized by these permits is substantially consistent with the approved tentative map. Said documentation shall be submitted prior to any project related construction activities. Construction of the creek crossing, and any other construction addressed in these permits, shall take place in compliance with these permits. In the event development authorized by those permits is not deemed by the Town to be substantially in compliance with the approved tentative map, the applicant shall be required to return to the Planning Commission for consideration of a revised Final Development Plan. A minimum of fifteen percent of the project units (six units) shall be made available to three or four persons households with "moderate" incomes, as established by the State Department of Housing and Community Development (HCD) and the United States Department of Housing and Community Development (HUD). Sales prices of these units shall not exceed the maximum price affordable to three-person or four-person households, as applicable, with 110% of the median income established for Contra Costa and Alameda Counties. The maximum sales prices shall be based on the following assumed variables; 8.25% interest rate; maximum monthly assignment of housing costs of 35% of gross monthly income; taxes at 1.25% of the purchase price of the home; homeowner's association dues of $125.00/month; and 30-year fixed rate mortgage. The maximum sales prices shall be tiered to the down payment made by the qualifying purchaser, as follows: % Down payment Three-person household Four-person household 5% down payment $179,880 $201,645 10% downpayment $188,535 $211,350 15% down payment $198,075 $222,040 20% down payment $208,620 $233,870 The maximum sales prices may be adjusted based on annual upward adjustments to the area median income, as published by HCD and HUD. The developer shall enter into a formal agreement with the Town which specifies the maximum income of the buyers, regulates the terms of occupancy, resale or any other restriction deemed PAGE 17 OF RESOLUTION NO. 90-95 necessary to assure the continued affordibility of the units to moderate income households. This agreement shall be subject to approval by the Town Council prior to recordation of the initial Final Map for the project. APPROVED by the Danville Town Council at a Regular Meeting held on Tuesday, June 20, 1995, by the following vote: AYES: Greenberg, Ritchey, Waldo NOES: Doyle, Shimansky ABSTMNED: None ABSENT: None MAYOR APPROVED AS TO FORM: CITY ATTORNEY adcz4 ATTEST: ACTING CITY CLERK PAGE 18 OF RESOLUTION NO. 90-95