HomeMy WebLinkAbout034-96RESOLUTION NO. 34-96
APPROVING A MITIGATED NEGATIVE DECLARATION OF
ENVIRONMENTAL SIGNIFICANCE AND APPROVING
A PRELIMINARY AND FINAL DEVELOPMENT PLAN
ALLOWING FOR A NINE LOT SINGLE FAMILY
SUBDIVISION (APN: 206-020-054) --
PINN BROTHERS CONSTRUCTION, INC.
WHERFAS, Pinn Brothers Construction, Inc. has requested approval of a Preliminary
Development plan Rezoning (PUD 95-05) and Final Development Plan Major
Subdivision (SD 7968) request to fezone the property from A-2; General Agricultural
District to P-l; Planned Unit Development District and to subdivide the property to create
nine single family lots on a five +/- acre site; and
WHEREAS, the subject site is located on the southwest corner of Lawrence Road and
Culet Lane, at 1224 Lawrence Road and is further identified as Assessor's Parcel Number
206-020-054; and
WHEREAS, the Town of Danville P-l; Planned Unit Development District requires
approval of a Preliminary Development Plan prior to approval of a Final Development
Plan and the approval of a Final Development Plan prior to development of the property;
and
WHEREAS, a draft Mitigated Negative Declaration of Environmental Significance has been
prepared for the project indicating that, as modified through project conditions of
approval or project modifications, no significant environmental impacts are anticipated
to be associated with the project; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing
on February 27, 1996, and subsequently adopted a resolution recommending the Town
Council approve the request; 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 the grant of a
PAGE 1 OF RESOLUTION NO. 34-96
Mitigated Negative Declaration of Environmental Significance and approves Preliminary
Development Plan - Rezoning request PUD 95-05 per the conditions contained herein, and
makes the following findings in support of this action:
.
The proposed Rezoning is consistent with the General Plan Land Use Designation
for the area.
.
The proposed Rezoning is consistent with the Development Standards contained
within the Lawrence/Leema Road Specific Plan.
.
The uses authorized or proposed in the land use district are compatible within the
district and to uses authorized in adjacent districts.
.
Based on the completion of the Initial Study of Environmental Significance and
comments received, there is no substantial evidence before the Town that the
project will have a significant effect on the environment.
and, be it further
RESOLVED, that the Town Council of the Town of Danville approves the Final
Development Plan - Major Subdivision request SD 7968 per the conditions contained
herein, and makes the following findings in support of this action:
.
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 improvements will not
likely cause serious public health problems because water and sanitary facilities
services will be available to the nine new parcels.
.
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.
PAGE 2 OF RESOLUTION NO. 34-96
CONDITIONS OF APPROVAL
Conditions of approval with an asterisk C*") 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 for the project. Each item is subject to
review and approval by the Planning Division unless otherwise specified.
A. GENERAL
* 1o
This approval is for a Preliminary Development plan - Rezoning (PUD 95-
05) and Final Development Plan - Major Subdivision (SD 7968) request to
rezone the property from A-2; General Agricultural District to P-l; Planned
Unit Development District and to subdivide the property to create nine
single family lots on a five +/- acre site. The project site is identified as
1224 Lawrence Road (APN: 206-020-054) and is also identified as "Hidden
Hills Estates." 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 & Final Development Plan, and
Preliminary Grading Plan labeled" Subdivision 7968, Hidden Hills
Estates," as prepared by dk Associates, dated received by the
Planning Division on January 26, 1996.
b.
Preliminary Development Plan which includes the site plan indicating
plantings and the trail plan for the linear open space system and the
trail for the open space area, as well as perspective views taken along
Lawrence Road and the interior streets which depict proposed
landscaping and fence design, labeled "Subdivision 7968, Hidden
Hills Estates,, as prepared by Rose Associates, dated received by the
Planning Division on January 26, 1996. The landscaping and fence
design depicted on these plans are not specifically approved as part
of this approval. The final landscape and fence design and related
treatments are subject to final approval by the Town's Design Review
Board and Planning Commission prior to issuance of any building
permits for the project.
.
The applicant shall pay or be subject to any and all Town and other related
fees. 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
PAGE 3 OF RESOLUTION NO. 34-96
,
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of said permit and prior to any Town Council final approval action. Notice
should be taken specifically of the Town's Park Land In-lieu and Child Care
Facilities fees, Flood Control & Water Conservation District fees (Drainage
Areas and Mitigation), Plan Checking fees, inspection fees and the Lawrence
Road Benefit District fees ($104,472).
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 applicant shall submit to the Town of Danville fees required to file a
Notice of Determination for this project. The fee shall be $25.00.
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.
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
PAGE 4 OF RESOLUTION NO. 34-96
holidays as well as work days. Dust-producing activities shall be
discontinued during high wind periods.
10.
If the applicant intends to construct the project in phases, then the first
submittal for building permits shall be accompanied by an overall phasing
plan. This plan shall address: off-site improvements to be installed in
conjunction with each phase; erosion control for undeveloped portions of
the site; timing of delivery of emergency vehicle access connections; and
phasing of project grading. The phasing plan shall be subject to the review
and approval of the City Engineer and Chief of Planning.
11.
This project shall comply with all requirements established under the
Lawrence/Leema Road Specific Plan.
12.
For all new lots created by this subdivision, a statement shall be recorded
to run with the deed of the property acknowledging the historic rural nature
of the area, and the rights of surrounding property owners to continue
existing and/or future legally established rural/agricultural uses.
B. SITE PLANNING
* 1.
All lighting shall be installed in such a manner that lighting is generally
down-directed and glare is directed away from surrounding properties and
rights-of-way.
.
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.
.
Any on-site wells and septic systems shall be destroyed in accordance with
Contra Costa County Health Services Department - Environmental Health
Division regulations. Environmental Health Division permit and inspections
for this work shall be obtained.
.
Development criteria for lots within this project shall be as established
under the Town's R-15; Single Family Residential District.
.
No interior street lighting shall be installed as part of this project. Low,
down directed, driveway/entry lighting for individual properties, shall be
subject to review and approval by the Town's Design Review Board.
.
The development rights for the open space area labeled Parcel B shall be
dedicated to the Town of Danville.
7. The pad elevation for lot 6 shall be reduced to the extent possible, to the
PAGE 5 OF RESOLUTION NO. 34-96
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satisfaction of the Planning and Engineering Divisions.
LANDSCAPING
o
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.
.
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 remaining 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.
o
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.
.
If tract homes are constructed, 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.
.
A mechanism acceptable to the Town shall be established to provide for the
common maintenance of the 19.5 foot width open space/landscape areas
within this project and along Lawrence Road, identified as Parcel A on the
tentative map. This mechanism for common maintenance shall be subject
to review and approval by the Planning Division and the City Attorney prior
to recordation of the final map for the project.
.
The final design of the landscape treatment, path design and location, and
fence (if included) design for the open space/landscape strip Parcel A, and
Parcel B, shall be subject to review and approval by the Design Review
Board and Planning Commission prior to the issuance of building permits
for this project. If the design of this area has been established through
Planning Commission approval related to the Wright Real Estate/Ogawa
development to the east, this final landscape and path treatment shall be
consistent with that approval and shall be subject to reviewed and approval
PAGE 6 OF RESOLUTION NO. 34-96
D.
by the Planning Division and the Design Review Board. The typical
landscape treatments and perspective drawings shown on the project
preliminary landscape plans are not approved at this time.
.
Fence design and location for the entire project shall be submitted for
review and approval by the Planning Division and the Design Review Board
as part of the final landscape plans for the project. The fencing along the
south side of Parcel B, shall be open-wire type fencing. This plan shall be
submitted with the architectural plans if tract homes are proposed, and with
the architectural design guidelines, if custom homes are proposed.
10o
A Public Access Easement shall be established over Parcels A & B within this
project. In addition, language shall be developed to be recorded as a deed
notification for all lots within this subdivision which describes that this
parcel is for common public use, and may not be reserved for private use,
privately maintained by individual property owners, or developed with
private landscaping or structures installed by individual property owners.
This language shall be submitted for review and approval by the City
Attorney prior to the recordation of the final map.
11.
If tract homes are proposed to be constructed, the developer shall develop
a minimum of three landscape alternatives for front yard landscaping. The
landscape alternatives shall be submitted for review and approval by the
Planning Division and the Town's Design Review Board prior to issuance of
building permits for the project. Home buyers shall have the option of
purchasing a landscape alternative of their choice to be installed by the
developer. If a landscape scheme is not purchased and installed by the
developer, street trees shall be installed by the developer as required.
12.
All front yard landscaping, for both custom or tract homes, shall be installed
within six months of completion of the unit or within six months of
occupancy by the homeowner, whichever comes first. The CC&Rs for the
project shall be modified to reflect this condition and shall be submitted for
review and approval by the Town prior to issuance of building permits.
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.
3. If this subdivision is proposed to be developed with tract homes, than
PAGE 7 OF RESOLUTION NO. 34-96
E.
proposed project architecture, colors, and materials for all proposed units
shall be submitted for review and approval by the Planning Division Design
Review Board, and the Planning Commission, and shall be subject to the
following criteria:
a.
A minimum of three different floor plans, each with two alternative
front elevation treatments, shall be developed.
b.
No two same units shall be placed directly adjacent to or across the
street from each other.
.
If this subdivision is proposed to be developed with individual custom
homes, the developer shall submit for review and approval by the Planning
Division and the Design Review Board design guidelines to govern the
general appearance of the homes. The guidelines shall establish general
design criteria for the homes to provide a consistent design theme for units
within this project. Consistency of individual proposed units with the
established design guidelines shall be subject to review and approval by the
Planning Division through the building permit review process.
.
The proposed design of single family units developed in this project shall
be designed in accord with the following design criteria:
a.
All four exterior elevations of each unit shall be architecturally
dimensioned, trimmed and detailed similar to the front elevation.
Trim material around doors and windows shall be a minimum of 1-
5/8" thickness.
b.
Substantial variation shall be included in the roof lines proposed for
each unit.
C.
The architecture for proposed new units shall be designed to be
compatible with the design of the existing home on the property to
be saved. Alternatively, the design of the existing home shall be
modified to be compatible with the architectural design of the new
units in the development.
.
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.
GRADING
.
Any grading on adjacent properties will require prior written approval of
those property owners affected.
PAGE 8 OF RESOLUTION NO. 34-96
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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.
.
Where soils or geologic conditions encountered in grading operations are
different from that anticipated in the soil report, a revised soils report shall
be submitted for review and approval by the City Engineer. It shall be
accompanied by an engineering and geological opinion as to the safety of
the site from settlement and seismic activity.
.
All development shall take place in compliance with the Town Erosion
Control Ordinance (Ord. 91-25). Restrictions include limiting construction
primarily to the dry months of the year (May through October) 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
PAGE 9 OF RESOLUTION NO. 34-96
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.
10.
All grading activity shall address National Pollutant Discharge Elimination
System (NPDES) concerns. Specific measures to control sediment runoff,
construction pollution and other potential construction contamination shall
be addressed. A NPDES construction permit may be required, as
determined by the City Engineer.
11.
The developer shall submit to the Planning Division prior to the recordation
of the final map or the issuance of a grading permit, that the developer has
secured the rights to complete off-site grading as shown on the tentative
map. If the rights to complete off-site grading is not secured, any resulting
changes to the proposed grading plan will be subject to review by the
Planning Division for substantial conformance with the tentative map, and
may be forwarded to the Planning Commission if deemed necessary by the
Planning Division.
12.
Proposed grading at the northeast corner of Lot 6 shall be modified to be
rounded to have a more natural appearance. The property line for this lot
shall be adjusted as appropriate to match the revised grading.
13.
Proposed grading at the southwest corner of Lot 4, extending into Parcel B,
shall be modified to be rounded to have a more natural appearance.
14.
A minimum one and one half feet of flat area shall be provided on the up-
hill side of all retaining walls. A minimum of one and one-half feet of flat
area shall be provided on the down hill side of project fencing, where the
fencing abuts a graded down hill slope.
15.
All retaining walls shall be constructed to be wholly contained within
individual lots.
F. 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.
.
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.
PAGE 10 OF RESOLUTION NO. 34-96
,
All mud or dirt carried off the construction site onto adjacent streets shall
be swept or 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.
.
The proposed 30' wide interior street section for Court A and Court B will
require parking to be restricted to one side of the roadway only. No red
curbs shall be required to enforce this restriction. Minimal signage,
maximum one sign per block, to set forth the parking restriction, may be
installed as found to be necessary by the City Engineer.
.
Lawrence Road shall be improved to public standards per the Lawrence
Road Specific Plan (Rural Condition/Alternative "B") along the entire
frontage of this project as follows:
a.
The new right-of-way (52') shall be centered on the original 40' right-of-way,
requiring a 6' dedication from this project
b. Install the westerly 12' of pavement and provide a minimum 12'
travel lane on the easterly side, with appropriate transition to the
existing roadway, as determined necessary by the City Engineer
c. The Town will abandon excess right-of-way beyond that identified in
the Specific Plan (about 28' of the 34' dedication in 1977)
d. The landscaping shown westerly beyond the roadway on the
Tentative Map, shall be privately owned and maintained. All property
lying westerly of the roadway, outside the 52' right-of-way, shall be
PAGE 11 OF RESOLUTION NO. 34-96
owned by a private entity.
10.
Culet Lane exists as a private street within a 26' right-of-way (offered but
never accepted by the County), on property outside this subdivisions
boundaries. Culet Lane improvements along the frontage of this subdivision
shall be built to public standards as follows:
e. Culet Lane shall be improved as a minimum 30' wide public street
with parking restricted to one side only. Appropriate signing and
stripping shall be installed per the California Vehicle Code.
f. A 5' Public Utility Easement shall be offered for dedication abutting
all street right-of-ways
g. The existing northerly boundary property line shall be considered
the centerline of the roadway
h. Install the curb and gutter along the southerly side of the roadway
i. Install a minimum 10' wide street section northerly of the centerline.
j. Install pavement transitions as determined necessary by the City
Engineer at the connection to Lawrence Road and the westerly
boundary of the subdivision.
k. The proposed 4' meandering pathway shall be outside the public
street right-of-way within the privately owned Parcel A
11.
Some of the Culet Lane improvements required by this subdivision, lie
outside the boundaries of this subdivision. The subdivider shall acquire all
necessary rights and title to install these improvements prior to Map
approval by the Town Council.
12.
A & B Courts shall be improved as public streets as follows:
a. Improve these streets to 30' curb to curb streets (31' public street
right-of-ways) with street paving, curb and gutter.
b. A 5' Public Utility Easement shall be offered for dedication abutting
all street right-of-ways.
13.
The proposed storm drainage system shall be a public system except for the
line shown serving Parcel B.
G. INFRASTRUCTURE
* 1.
Domestic water supply shall be from a 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
July 21, 1995.
.
All wastewater shall be disposed into a public sewer system. Sewer disposal
service shall be from the Central Contra Costa Sanitary District (CCCSD)
sewer system in accordance with the requirements of CCCSD. CCCSD's
PAGE 12 OF RESOLUTION NO. 34-96
initial comments on this project are summarized within their letter dated
July 21, 1995.
.
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.
.
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.
_5.
Prior to recordation of the final map for the project, a complete hydraulic
study shall be completed detailing ultimate storm drain improvement
requirements for the entire Lawrence Road drainage area. All runoff from
this project shall be intercepted at the project boundary and shall be
collected and conducted via an approved drainage method, as detailed
through the required drainage study, to an existing improved system or
a natural storm drainage system with existing sufficient capacity, as
determined by the City Engineer. In conjunction with the issuance of
grading or improvementplan for the project, all required off-site drainage
improvements shall be installed to the satisfaction of the City Engineer.
6.
Prior to recordation of the final map for the project, the applicant shall
submit to the Town documentation that run-off from this project will not
exceed the flow restriction of 4,670 cubic feet per second for Alamo Creek
at the Contra Costa County/Alameda County Line. If development of this
project will result in a flow of greater than 4,670 cubic feet per second,
then mitigation to reduce the flow to not exceed the flow restriction level
shall be completed prior to the issuance of grading or improvement plan
permits for this project. A deed notification shall be recorded to run with
the title of all lots created by this subdivision, notifying future property
owners of a planned flood control benefit district for the area to help pay
for the construction of future detention basins within the Dougherty
Valley area.
* 7.
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.
* 8.
Any portion of the drainage system that conveys runoff from public streets
shall be installed within a dedicated drainage easement, or public street.
* 9. If a storm drain must cross a lot, or be in an easement between lots, the
PAGE 13 OF RESOLUTION NO. 34-96
easement shall be equal to or at least double the depth of the storm drain.
10.
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.
11.
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.
12.
All new utilities required to serve the development shall be installed
underground.
13.
All street, drainage or grading improvement plans shall be prepared by a
licensed civil engineer.
14.
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.
1_5.
Prior to the recordation of the final map for this project, public water
and sewer facilities shall be available to the project.
16~
Lots created by this subdivision shall be required to participate in a
benefit district to pay a fair share amount of the off-site improvements in
the area, to be installed by others.
H. MISCELLANEOUS
* 1.
The project shall be constructed as approved. Minor modifications in the design,
but not the use, may be approved by staff. Any other change will require Planning
Commission approval through the Development Plan review process.
.
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 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.
PAGE 14 OF RESOLUTION NO. 34-96
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6.
o
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, 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.
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 Planning Division and the local
Postmaster.
This project will be responsible for the provision of one unit which shall be made
available to a three or four persons households with "moderate" income, as
established by the State Department of Housing and Community Development
(HCD) and the United States Department of Housing and Community Development
(HUD). The required affordable unit may be placed off-site in an alternate location
subject to review and approval by the Planning Division. Sales price of this unit
shall not exceed the maximum price affordable to a three-person or four-person
household, as applicable, with 110% of the median income established for Contra
Costa and Alameda Counties. The maximum sales price shall be based on the
following assumed variables; 7.00% interest rate; maximum monthly assignment of
housing costs of 33% 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
$198,950 $222.980
10% down payment
$208,360 $233,535
15% down payment
$218,710 $245,130
PAGE 15 OF RESOLUTION NO. 34-96
20% down payment
$230,140 $257,950
The maximum sales price 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 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 Final Map for the project.
APPROVED by the Danville Town Council at a Regular Meeting held on Tuesday, March 19,
1996, by the following vote:
AYES:
NOES: None
ABSTAINED: None
ABSENT: None
Greenberg, Shimansky, Arnerich, Doyle, Waldo
·
MAYOR
~R~VED AS T.O FO%
CITY ATTORNEY
ATTEST:
CITY CLERK
adcz49
PAGE 16 OF RESOLUTION NO. 34-96