HomeMy WebLinkAbout172-96RESOLUTION NO. 172-96
APPROVING REVISED FINAL DEVELOPMENT PLAN REQUEST DP 95-26 AND
REVISED VESTING TENTATIVE MAP REQUEST SD 7453
APN: 197-082-014,-016,-017,-018,-020 AND 197-050-024
NORTHEAST TERMINUS OF IA GONDA WAY
CORRIE DEVELOPMENT CORPORATION
WHEREAS, Corrie Development Corporation (applicants and owners) has requested
approval of Revised Preliminary Development Plan - Rezoning, Revised Final Development
Plan and Revised Vesting Tentative Map requests involving 148 +/- acres located at the
northern terminus of La Gonda Way, northeast of 1-680 Highway in the Danville-Alamo
area; and
WHEREAS, since the subject property is located partially within the corporate limits of
the Town of Danville (30+ acres) and partially in the unincorporated community of
Alamo, the Danville Town Council and the Contra Costa County Board of Supervisors
executed a Memorandum of Agreement (MOA) outlining the procedural steps for the joint
processing of the development requests for the subject property; and
WHEREAS, the project proponents submitted to the Town and the County requests to
revise previously approved Preliminary and Final Development Plan - Rezoning requests
and a concurrently approved Tentative Map request providing for a 58-unit residential
development; and
WHEREAS, the requests were considered in a series of joint meetings of the San Ramon
Valley Regional Planning Commission (SRVRPC) and the Danville Planning Commission,
concluding with a meeting on November 12, 1996 and
WHEREAS, the commissions passed on joint-recommendation for approval of a 53-unit
plan; and
WHEREAS, the proper notice of the joint commission meetings was given in all respects
as required by law; and
WHEREAS, a Final Environmental Impact Report (FEIR) was prepared and certified for
the previous project proposal covering the site and, for the current project, a Negative
Declaration of Environmental Significance has been prepared; and
WHEREAS, the Contra Costa County Board of Supervisors, at their meeting of December
17, 1996, received and considered the joint-recommendation of the SRVRPC and the
Danville Planning Commission, hearing and considering all reports and testimony
presented prior to or during the public hearing;
WHEREAS, the Contra Costa County Board of Supervisors, acting as lead agency for the
project's environmental review, adopted the Negative Declaration of Environmental
Significance prepared for the project and approved the requests as generally
recommended by the SRVRPC and the Danville Planning; and
WHEREAS, the Town Council, at their December 17, 1996 meeting, received and
considered the recommendations the joint-recommendation of the SRVRPC and the
Danville Planning Commission, as well as the action of County Board of Supervisors,
hearing and considering all reports and testimony presented prior to or during the public
hearing; and
WHEREAS, the proper notice of the Town Council meeting was given in all respects as
required by law; and
WHEREAS, the Revised Preliminary Development Plan - Rezoning request, contained
within Town CoUncil Ordinance No. 96-12, will implement the development standards of
the previously approved General Plan Amendment for the site; and
WHEREAS, any entitlement granted by the Danville Town Council pertaining to this
property is conditionally granted pending acceptance by the County (i.e., the County's
action must be completely consistent with the Town Council's action), as stipulated by the
MOA governing this project; and
WHEREAS, approval of Revised Final Development Plan request DP 95-26 and Revised
Vesting Tentative Map request SD 7453 is contingent on final approval being given on
Revised Preliminary Development Plan - Rezoning request PUD 95-04, which is to be
provided through Ordinance No. 96-12, now, therefore, be it
RESOLVED that the Town Council of the Town of Danville accepts the Board of
Supervisors adoption of the Negative Declaration of Environmental Significance for the
project and approves Revised Final Development Plan request DP 95-26 and Revised
Vesting Tentative Map request SD 7453, providing for a Planned Unit Development
residential project of a maximum of 53 single family units and accompanying roads and
open space areas, subject to the conditions of approval contained within Exhibit 1 of this
Resolution; and be it further
PAGE 2 OF RESOLUTION NO. 172-96
RESOLVED that the Town Council makes the following Findings in support of this action:
The proposed project is in substantial conformance with the goals and policies of
the Danville 2005 General Plan.
o
The proposed project will not adversely affect the preservation of present aesthetics
and other community qualities.
The proposed project will not adversely affect the Town's ability to maintain high-
quality public facilities and services.
The proposed project will not adversely affect the quality of life within existing
developed areas of the community.
,
The proposed project will not adversely affect the harmony between Danville's
development and its physical setting.
Although some development is proposed within 100 vertical feet of the centerline
of a major ridgeline, the proposed siting, grading, landscaping and architecture are
such that the development will not conflict with the purposes of Chapter 50: Scenic
Hillside and Major Ridgeline Development of the Danville Municipal Code.
The design of the proposed project is in substantial conformance with the
applicable zoning regulations.
The design of the project and the type of associated improvements will not likely
cause serious public health problems because water and sanitary facility services
will be available to all the new lots.
,
10.
The subject property 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 of their
habitat.
11.
The design of the proposed subdivision and improvements will not conflict with
easements, acquired by the public at large, for access through or use of property
within the proposed subdivision.
PAGE 3 OF RESOLUTION NO. 172-96
12.
The final development plan is consistent with the intent and purpose of the P-l;
Planned Unit Development District in which the site is located and is comparable
with other uses in the vicinity, both inside and outside the district.
APPROVED by the Danville Town Council at a Regular Meeting on December 17, 1996,
by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Doyle, Waldo, Arnerich, Greenberg,
None
None
None
Shimansky
APPROVED AS TO FORM:
City Attorney
almsprng.res
ATTEST:
City Clerk
PAGE 4 OF RESOLUTION NO. 172-96
FINDINGS AND CONDITIONS OF APPROVAL FOR MODIFICATIONS TO THE
ALAMO SPRINGS PLANNED UNIT DEVELOPMENT: REVISED PRELIMINARY
DEVELOPMENT PLAN - REZONING REQUESTS (Danviii. File #PUD 90-1/County
Files #2882-RZ); REVISED FINAL DEVELOPMENT PLAN REQUESTS (Danviii. File DP
95-26/County Files #3003-90 and 3006-93) AND REVISED VESTING TENTATIVE MAP
REQUESTS (Danville File #SD7453/County File #SD7452)
Findings
A. County P-l: Planned Unit Development District Findings
The applicant has indicted that they intend to commence construction within two
and one-half years of the effective date of final project approval.
The approved preliminary development plan is consistent with the land use
policies of the County of Contra Costa (hereinafter "County") as reflected in the
Alamo Springs General Plan Amendment (GPA 1-90). The approved plan will
preserve the hillside with high exposure to Interstate 680 in open space.
Residential development will be confined to a secluded plateau area atop the site
so as to maintain the existing silhouette of Alamo Ridge as viewed from adjoining
valley floors.
The approved preliminary development plan will resuk in a residential
environment of sustained desirability and stability, and will be in harmony with
the character of the nearby community. The project provides ample separation
-from adjoining residences. The subject site is not in an "established" area of Alamo
as evidenced in part by several development applications being concurrently
processed involving adjoining properties. While permitted lot sizes may be smaller
than nearby parcels, these lots will have comparable utility. Most nearby parcels
largely consist of moderately sloping terrain. While these parcels are larger, they
frequently lack fiat, usable yard area. The lots resuking from this preliminary
development plan will be largely flat providing more opportunity for usable yard
area.
In accord with the required findings of the P-l; Planned Unit Development
District, the County finds that the development of a harmonious, integrated plan
like the Alamo Springs project justifies exceptions from the normal application of
the code, including variations in parcel configuration and design to provide better
conformity with existing natural terrain features.
The Board of Supervisors is supportive of efforts by the applicant to establish an
Area-of-Benefit District with the Town of Danville (hereinafter referred to as
PAGE NO. 1 OF EXHIBIT 1 OF RESOLUTION NO. 172-96
w
Town
"Town") such that the costs of upgrading La Gonda Way as required by this
project approval could be spread among other development projects in an
equitable way.
General access to the site shall be limited to the La Gonda Way route. Los
Balcones Drive/High Eagle Road and Valley Oaks Drive access to and from the
site shall be limited to emergency purposes (e.g., fire vehicles; police; resident
evacuation; short-term alternative access to the project where legally permitted in
the event of blockage of La Gonda Way such as by landslide failure or collapse of
the freeway overpass).
In a letter dated August 26, 1991, the San Ramon Valley Fire Protection District
has indicated that the District possesses legal access for emergency vehicles along
Valley Oaks Drive from Stone Valley Road to the project site. The road has been
designed to conform with Fire District standards.
The modification of the conditions of approval requested by the applicant and
approved by the Contra Costa County Zoning Administrator are consistent with
the intent and purpose of the Planned Unit (P-l) District, and compatible with
other uses in the vicinity. The project involves alterations whose effects are
primarily limited to the interior or the proposed project. The modifications are
intended to make the County approval consistent with the project approval of the
Danville Town Council rendered on February 2, 1993.
of Danville P-l; Planned Unit Development District Findings
The proposed project is consistent with the Danville 2005 General Plan.
The uses authorized or proposed in the land use district are compatible within the
district and to uses authorized in adjacent districts.
Community need has been demonstrated for the use proposed.
The proposed development will constitute a residential environment of sustained
desirability and stability and will be in harmony with the character of the
surrounding neighborhood and community.
Project conditions will serve to mitigate potentially significant environmental
impacts identified in the Alamo Springs Project Final Environmental Impact
Report (hereafter referred to as "FEIR") prepared for the previously approved
projects covering the subject property (i.e., Contra Costa County applications
GPA 1-90; 2882-RZ; TR 7452; and FDP 3003-90 and Town of Danville
applications GPA 90-1; PUD 90-1 and SD 7453). The current project applications
PAGE NO. 2 OF EXHIBIT 1 OF RESOLUTION NO. 172-96
will serve to modify these previously approved projects by reducing the number
of lots from 58 to 53, by placing open space under private ownership and by
modifying project conditions of approval.
The design of the subdivision and the type of associated improvements will not
likely cause serious public health problems.
7. The site is physically suitable for the proposed density of development.
Although some development is proposed within 100 vertical feet of the centerline
of a major ridgeline, the proposed unit siting, grading, landscaping and architectur~
are such that the development will not conflict with the purposes of Chapter 50:-
Scenic Hillside and Major Ridgeline Development.
CONDITIONS OF APPROVAL
General
Development shall be based on the Revised Vesting Tentative Maps SD 7452 and SD 7453,
dated June 8, 1996. Development shall also be consistent with the following submitted
exhibits, only to the extent they are consistent with the above-cited Vesting Tentative
Maps and these project conditions. The complete listing of project-related documents is
intended to aid in the understanding of the evolution of the project from the time of
initial application submittal. The documents listed immediately below pertain to the
original 101-unit development proposal:
Bissell & Karn, Inc., Alamo Springs - A Community of Luxury Estate Homes,
January 8, 1990.
Berlogar Geotechnical Consultants, Geotechnical Investigation, Alamo Springs,
La Gonda Way, Contra Costa County, California, Job No. 1609.100, April 3,
1990.
DKs Associates, Alamo Springs Project Consultants Traffic Report, April, 1990.
Patricia Thompson/No Nonsense Horticultural Services, Alamo Springs Project
Oak Impact Study, June 11, 1991-.
Bissell & Karn, Inc., Partial Plan & Sections - Alamo Springs Parkway, November
l, 1990.
The documents listed immediately below pertain to 75-unit development proposal:
PAGE NO. 3 OF EXHIBIT 1 OF RESOLUTION NO. 172-96
The Preliminary and Final Development Plan for Alamo Springs, dated May 24,
1995.
,
· The Preliminary Landscape Plan and Design Development, dated August 21, 1992.
The documents listed immediately below pertain to the 53-unit development proposal:
Response to Peer Review Alamo Springs - La Gonda Way, Contra Costa County,
dated February 6, 1996. (53-unit proposal)
Treescapes, Inc., Tree Evaluation, Alamo Springs, dated May 8, 1995 (53-unit
proposal)
La Gonda Way Conceptual Plan, consisting of a single sheet, prepared by DK
Associates and dated November, 1995.
Illustrative Site Plans and Sections, consisting of two sheets, prepared by Gates &
Associates and dated August 20, 1996.
Site Study - Lots 26 through 31, consisting of a single sheet, prepared by DK
Associates and dated March 6, 1996.
The development envelope for the home and accessory structures to be established on Lot
43 shall be as indicated on the Staff Exhibit dated October 9, 1996, modified to extend the
development envelope "stem" to within 50 feet of the northwest boundary of Lot 43.
Placement of structures on the remainder of the "stem", as well as the remainder of the
development envelope for Lot 43, is subject to the development limitations (i.e.,
restrictions on visibility of structures, outbuildings, etc. from Highway 1-680 and Danville
Boulevard) established in Condition of Approval//11 below. The final size and
configuration of this development envelope shall be subject to review and approval by the
Contra Costa County Zoning Administrator (hereafter referred to as "County Zoning
Administrator") and the Chief of Planning and Building of the Town of Danville
(hereafter referred to as "Town Chief of Planning"). Development rights for the
remainder of Lot 43 (hereinafter referred to as "private open space") shall be offered in
dedication to the County and the Town, with said offer of dedication to be indicated on
the initial final map for the project. Excepted from the dedication of development rights
shall be the right to apply for up to two additional lots within the northerly development
area of Lot 43, where such development is granted in compliance with planning and
zoning laws and where all discretionary approvals are secured. The allowable area for
agricultural structures shall be limited to the home/accessory structures area established
for Lot 43 and the southwest corner of Lot 43 adjoining the project entrance, as generally
shown on the Staff Exhibit dated October 9, 1996. Agricultural structures established in
these two areas shall adhere to the following standards:
PAGE NO. 4 OF EXHIBIT 1 OF RESOLUTION NO. 172-96
Ae
Barns/sheds/agricultural related structures shall not exceed a maximum height of
22-feet and shall not exceed an aggregate area of 7,500 square feet in floor area for
the allowable area for agricultural structures in the southwest corner of Lot 43 and
shall not exceed an aggregate area of 3,500 square feet in floor area for the
allowable area for agricultural structures in the north portion of Lot 43 (subject to
verification by the County Zoning Administrator and the Town Chief of Planning
that any such structures in this northerly portion of Lot 43 are not visible from
Highway 1-680).
All barn/shed/agricultural related structures shall be non-conditioned space.
Reflectivity of the exteriors of all barn/shed/agricultural related structures shall-
be less than 55%.
Barn/shed/agricultural structures related structures established on Lot 43 shall be
for the private use of the homeowner of Lot 43.
Modification to the above standards and/or expansion of the allowable uses on any
portion of Lot 43 may not occur without prior County/Town authorization, as evidenced
by approval of a Revised Final Development Plan covering this portion of the project,
which shall be jointly considered by the County and the Town in a manner consistent
with the memorandum of understanding established for the processing of the planning
entitlements addressed in this approval.
The language to be placed on the final map for the project to provide for the dedication
of development rights shall include the following:
"The Scenic Easement area shall remain substantially in its natural and scenic state
for the benefit and enjoyment of the owners of this subdivision and the general
public. ConIra Costa County's and the Town of Danville's easement rights shall
deny any and all grading (beyond seasonal disking for fire protection purposes and
minor grading activity associated with ongoing maintenance efforts), landscaping,
development and structures within this area, exclusive of any other prior easement
rights.
Authorization is granted to develop a caretaker's residence, not to exceed a maximum size
of 1,000 square feet, within the area approved for agricultural structures occupying the
southwest corner of Lot 43. The size, location, means of access, site grading, means of
water and sewer service, site landscaping and construction details for the caretaker's unit
shall be subject to joint review and approval by the County Zoning Administrator and
the Danville Planning Commission through a Land Use Permit application.
PAGE NO. 5 OF EXHIBIT I OF RESOLUTION NO. 172-96
In response to the October 1, 1996 and November 5, 1996 letters from the East Bay
Regional Park District (EBRPD) in which the District requested a scenic easement over
portions of Lots 4, 5, 52 and 53 of this project, the applicant shall provide for the
establishment of a scenic easement substantially as shown on the November 7, 1996, Staff
Exhibit entitled "EBRPD Trail Scenic Easement". Language on the final map pertaining
to the area covered by the scenic easement shall be as generally outlined in Condition of
Approval #2 above.
At least 60 days prior to filing a final map or issuance of grading permits, a revised
site/grading plan and related documents shall be submitted for the review and approval
of the Contra Costa County Zoning Administrator and the Chief of Planning and Zoning
of the Town of Danville. The submitted plan shall provide for:
The June 8, 1996 Revised Vesting Tentative Map plan shall be revised in general
accord with the following Conditions of Approval. Trail design may be modified
by the County Zoning Administrator and Town Chief of Planning based on
comments from the local recreation agency who may accept the trail or open space
dedication at the time of filing the initial project final map. Note: The project
obligation to establish the on-site portions of the public trails remains in place
regardless of whether a public agency is found to take ownership and/or
maintenance responsibility for the trails.
Four copies of the Final Hardscape, Landscape and Irrigation Plan covering the
proposed Alamo Springs Drive entry road plus common area walls, landscaping,
and pedestrian and/or equestrian trails. The proposed plan shall be prepared by
a licensed landscape architect and shall be certified for compliance with applicable
County and Town water conservation ordinances. Use of naturally indigenous
trees and shrubs is encouraged. The applicant shall provide a suitable instrument
guaranteeing to County and the Town the survival of the approved plantings for
a period of at least 36 months following completion of planting. The plan shall
also locate and describe through cross-sections proposed public trails whose rights-
of-way shall be no less than 20 feet in width. The plan shall incorporate FEIR
recommendations regarding the use of more appropriate plant materials, existing
and proposed fencing, gateway treatment, lighting, and other site improvements.
(Mitigation Measure 7-4a)
Two copies of a Street and Landscape Lighting Plan. Ornamental light standards
are encouraged. Lighting shall be limited to low-profile standards (e.g., 4-15 feet
in height). Lighting of areas other than at important intersections shall be
encouraged to be of a bollard type or integrated into other site elements such as
mail box standards. The plan shall be prepared by a qualified lighting professional.
Lighting shall mark the access road and residential road sections. Spacing of light
standards need not exceed an interval of one standard for every three houses.
PAGE NO. 6 OF EXHIBIT 1 OF RESOLUTION NO. 172-96
Lighting shall be designed to be sufficiently muted so as not to project significant
glare or glow on adjoining properties and the adjoining section of Highway 1-680.
The plan (or supplemental narrative) shall indicate how this objective will be
attained.
A Grading/Tree Preservation Plan prepared with input from a licensed arbor,st.
1)
The plan shall identify all trees which have a trunk circumference of 20
inches or greater and located within 40 feet of areas proposed for grading.
Reasonable efforts shall be made to minimize the loss of or damage to
existing trees. The plans shall identify the trunk circumference,
approximate canopy area, species, and whether the tree is to be preserved
or removed. The plan shall provide suitable measures to assure protection
of trees during the construction period. The survey of trees shall provide
for a tally of the number and trunk circumference of trees to be removed.
The aggregate trunk circumferences of trees proposed for removal shall be
totaled.
3)
Prior to filing a final map or issuance of a grading permit, the applicant
shall apply-to County for heritage tree designation for trees to be preserved
on the property pursuant to Section 8164.404 of the County Zoning Code.
The submittal shall include a nomination request for tree groves in the
approved common and private open space areas and other significant trees;
and shall be accompanied by the Grading/Tree Preservation Plan and tree
replacement program approved by the County Zoning Administrator.
The nomination proposal shall provide for a suitable marking of designated
heritage trees. The number of trees designated for heritage status may be
increased or diminished from those nominated by the applicant.
(Mitigation Measure 6-1)
The Grading/Tree Preservation Plan shall provide for a tree replacement
program and plan. The plan shall require three replacement oak trees,
minimum 15 gallons, for every tree removed as determined by the tree
survey tally. Siting of trees shall be distributed throughout the project
based on plans prepared by a licensed landscape architect. The plan shall
be accompanied by an estimate of the cost of materials and labor to
complete the work. The approved plan shall be installed prior to issuance
of building permits. The applicant shall be responsible for protecting the
trees for a period of at least 36 months after planting. Ninety days after
planting, the landscape architect shall inspect the plantings and prepare a
report to the County Zoning Administrator and Town Chief of Planning .
on the condition of the new trees. Any failing trees shall be immediately
replaced.
PAGE NO. 7 OF EXHIBIT 1 OF RESOLUTION NO. 172-96
To avoid unnecessary scarring of hillsides, haul routes for grading activity
shall be generally limited to those areas of the site which are proposed to
be graded. Hauling of material through the approved scenic easement shall
be precluded. The Grading/Tree Preservation Plan shall provide
delineation of the perimeter of areas and trees to be preserved by use of
taping and stakes, or other appropriate barriers. These barriers shall be
installed prior to commencement of grading activity.
5)
To assure protection and/or reasonable replacement of existing trees to be
preserved which are in proximity to subdivision improvements, the
applicant shall post a bond (or other surety) for the required work with the
County and the Town. The term of the bond shall extend at least 24
months beyond the completion of required subdivision improvements.
Prior to posting the bond, a licensed arborist shall assess the value of the
trees and reasonable compensatory terms in the event that a tree to be
preserved is destroyed or otherwise damaged by subdivision-related
activity. The tree bonding program shall be subject to the review and
approval of the County Zoning Administrator and Town Chief of
Planning.
Drainage terraces for cut and fill slopes shall be spaced at minimum 30-foot
intervals. All slopes shall be contour-rounded.
To reduce long-term erosion and sedimentation impacts on downstream
water quality, grading plans shall be designed such that no surface run-off
shall be directed onto cut or fill slopes. All graded slopes shall have either
brow ditches or berms at the crest of control surface run-off. These
drainage structures shall be underlain by subdrains. Run-off from graded
surfaces shall be intercepted by closed conduits and conveyed to adequate
storm drainage facilities. (Mitigation Me~ure F-l)
A construction period erosion control plan shall be submitted. For further
details, see Construction Period conditions below. (Mitigation Measure F-
2)
The San Ramon Valley Fire Protection District and East Bay Regional Park
District shall be provided an opportunity to review and comment on the revised
final site, landscape and irrigation plans prior to submittal of those plans to the
County and the Town of Danville.
Submittal of two copies of a supplemental Geotechnical Report (or letter) from the
applicant's geological engineering consultant (based on a review of the approved
and reduced scale project) identifying any warranted modifications to the project
PAGE NO. 8 OF EXHIBIT 1 OF RESOLUTION NO. 172-96
conclusions or recommendations contained in the April 3, 1990 and February 6,
1996 Berlogar Geotechnical Reports, the DK Associates, Inc. letter titled
"Response to Geology and Grading Review" and the May 1, 1996 peer-review
letter by Darwin Myers Associates entitled "Review of April Submittal/Geology
and Grading Subdivision 7452 and 7453 ". See Geotechnical conditions below for
detail on report scope of work.
Two copies of a Maintenance Plan and Schedule for all slopes, drainage terraces
and subdrains prepared by a registered civil engineer. (Mitigation Measure 6-4)
Two copies of a plan making adequate provision for funding project road
maintenance and establishing a maintenance cycle/maintenance standard.
Three copies of a Fencing Plan Program to address the design of fencing on private
lots and within the open space area to be maintained by the project homeowners'
association. The fencing plan shall provide for the following:
1)
To the extent feasible, retention of the split-rail fencing along the top of
slope overlooking Highway 1-680.
2)
Restrictions on fencing of emergency vehicle accessways and firebreak and
trail maintenance easements.
3)
Design details for fencing of areas to be used for grazing (to minimize
potential conflicts between grazing animals and future project residents and
their pets); and (Mitigation Measure 21.3)
Design guidelines for residential lot fencing. The approved program shall
be attached to the project covenants, conditions and restrictions.
Two copies of Residential Design Guidelines including guidelines and standards
for proposed exterior materials and colors. The Guidelines shall prohibit
establishment of irrigation systems within the driplines of existing oak trees to be
preserved. See Building and Architecture Criteria conditions below.
In each garage, an electrical outlet shall be installed and dedicated for future
potential use in recharging electrical vehicles. Prior to filing a final map, the
applicant shall demonstrate how this design will be accomplished. Pacific Gas and
Electric Company and/or the County Building Inspection Department shall be
provided an opportunity to comment on the proposed arrangement.
PAGE NO. 9 OF EXHIBIT 1 OF RESOLUTION NO. 172-96
Site Development
The revised site and grading plans shall provide for balanced grading (i.e., no import or
export of earth fill). The stability of the earth dam at the existing pond shall also be
addressed as part of the revised grading plan and the Geotechnical Report. The existing
pond shall be fenced with appropriate open fencing (i.e., eight-foot height tubular steel
fencing with angular climb resistant design generally matching fencing installed around
the City of San Ramon Olympic Pool at California High School, or approved equivalent).
The pond shall not be eliminated without the express approval of the County and the
Town.
The limit of development and grading for residential development shall be as shown in the
Vesting Tentative Map dated March 21, 1996 and as modified through these Conditions
of Approval.
The Valley Oak trees shall be featured elements of the landscape design and shall be
protected from the impacts of development of the maximum possible extent.
No tree removal from the site shall be permitted until the Tree Preservation Plan called
for in Condition of Approval #4.D. above is submitted and approved by the County and
the Town. The plan shall include measures to adequately protect each affected tree during
construction and post-construction. Consideration for removal of any tree scheduled for
preservation shall be given only on a case-by-case basis and upon further documentation
that a tree is a bona-fide safety risk due to an advanced state of decline or unavoidable
effects of grading.
Use of a private gated entrance is expressly prohibited. Gated access for emergency
vehicle access roads shall be permitted (Mitigation Measure 3-2).
10.
The project shall be designed so that no homes, or appurtenant architectural features, are
within 35 vertical feet of the scenic ridgelines designated in the Town of Danville General
Plan. (Mitigation Measure 3-6)
11.
Lots shall be laid out so that no structures, including residential fences, outbuildings,
residences and appurtenant structures are visible from Interstate 680, or Danville
Boulevard. The exception to this restriction is the existing horizontal rail fencing, in its
current or modified location, open mesh fencing along the Highway 1-680 sides of Lots
26 through 31 and agricultural related fencing established on the private open space
portion of Lot 43.
12.
Applicant shall make an irrevocable offer of a 50-foot wide easement, extending upslope
and adjacent to from the Highway 1-680 project frontage, to the EBRPD, Contra Costa
County, Town of Danville or other appropriate agency for a equestrian trail in the
PAGE NO. 10 OF EXHIBIT 1 OF RESOLUTION NO. 172-96
13.
14.
15.
16.
vicinity of Highway 1-680 and for a pedestrian trail connection between the project and
the adjoining property to the northwest (APN 198-020-018, Scatena). The trail
contemplated across the Scatena property is intended to be routed to connect directly with
Stone Valley Road without passing through the Alamo Ranch neighborhood ~.e., the trail
easement on the subject property is to stop at the southwest corner of the Scatena
property, the easement does not extend to the northern boundary of the subject property).
Prior to filing a final map, the precise location and design of public trail facilities shall be
determined by the public agency who accepts the trail dedication, if any. Should no
public agency accept the trail dedication at time of filing the final map, then the trail
location shall be determined jointly by the Danville Planning Chief and the County
Zoning Administrator. ~Once the location of the trail is determined, the trail easement
shall be reduced in width to 20-feet. The applicant is not responsible for the installation
of trail-related improvements for this trail. (Mitigation Measure 3-3)
With the following exceptions, no sidewalks along street frontages shall be constructed
within the project:
A. Along the "D" Court frontage of Lots 19 - 22.
B. Along the "A" Court frontage of Lot 22 and Parcel "C".
Along the Alamo Springs Drive frontage of Lots 26 - 31, with the sidewalk
continuing along Alamo Springs Drive to the point where the public trail crosses
from the west to the east side of the roadway.
Any retaining walls installed along the project entry segment of Alamo Springs Drive shall
be a masonry type design. The cast-in-place reinforced concrete pier structure, with
accompanying wood inserts, is not subject to these provisions. Minimum 5-gallon shrubs
ranging from two to three feet in height and/or minimum 15-gallon trees shall be planted
at the base of the cast-in-place reinforced concrete pier structure proposed to be established
along the downslope side of the project entry segment of Alamo Springs Drive to screen
the mass of the structure. Ground cover or vines may be planted on the grade above the
structureto help further visually soften the appearance of the structure. The height of any
up-slope retaining walls established in this area shall be limited to a maximum of 3-feet,
unless landscape screening is approved as part of the landscape drawings. (Mitigation
Measure 6-3)
Illuminated house numbers shall be provided throughout the development.
All exterior light fixtures and signage shall be subject to final review and approval by the
County and the Town.
PAGE NO. 11 OF EXHIBIT 1 OF RESOLUTION NO. 172-96
17.
Driveway widths shall narrow down to the extent possible as the distance from the garage
increases.
18.
Ground mounted solar collectors, satellite dishes and the like shall be adequately screened
from adjacent streets and homes. Where these cannot be adequately screened from view
due to surrounding topography, they shall not be permitted.
Lot Development Criteria
19.
A maximum total of 53 lots shall be permitted with a minimum area of 17,500 square feet
each and an average lot size of at least 20,000 net square feet, as per the Revised Vesting
Tentative Maps dated March 21, 1996.
20. Dimensional yard standards shall be as follows:
Front: Minimum 25 feet from property lines.
Side: Minimum 15 feet; minimum aggregate total 35 feet; sideyards adjacent to a street
shall be a minimum of 25 feet.
Rear: Minimum 25 feet.
Lots 26, 29 and 30 shall have a frontyard setback of 40-feet.
Lots 27 and 28 shall have a frontyard setback of 30-feet.
21.
Except as otherwise specified in these conditions of approval, development and use of
residential lots shall be governed by the restrictions of the respective Single Family
Residential, R-20 zoning districts and the R-40 zoning district for the approved
development envelope for Lot 43, of the County and the Town.
Annexation/De-annexation
22.
Prior to recordation of a final map or issuance of a grading permit, the applicant shall
petition the Town to seek the approval of the Local Agency Formation Commission to
adjust, as necessary, the existing Town of Danville boundary so that no subdivision lots
are split between jurisdictions. An exception to this requirement shall be made for Lot
43. The allowable area for agricultural structures in the southwest corner of Lot 43 shall
remain within the Town of Danville (with the remainder of Lot 43 to be within the
County boundary). The adjusted boundary shall be based on revised site and grading
plans mutually approved by the County Zoning Administrator and Town Chief of
Planning. As reflected in the Revised Vesting Tentative Maps, it is anticipated that Lots
1 through 11 will be located with the Town limits. (Mitigation Measure 3-1)
PAGE NO. 12 OF EXHIBIT 1 OF RESOLUTION NO. 172-96
Building and Architectural Criteria
23.
A maximum building height of two stories or 35-feet measured from average grade shall
be permitted. However, any area projecting above the 30-foot building height plane shall
be uninhabitable (e.g., chimneys, architectural ornaments and towers, but no attics), and
shall not exceed 15% of the building foot print. No major roof lines shall exceed 30 feet
in height measured from average grade. Structures established on Lots 28, 31, 38, 39 and
40 shall be limited to single story, with a maximum height of 23-feet. (Mitigation
Measure 6-5)
24.
Revised Architectural Design Guidelines shall be submitted to the County and the Town
for review and approval by the Town Chief of Planning and by the County Zoning
Administrator. The guidelines shall specify where various building styles may be used,
eliminate the Mediterranean style with Mission tile roofs, and generally address other
issues raised in the environmental analysis. Guidelines shall encourage variety and shall
require that some garages be oriented parallel to the street with the plane of their doors
perpendicular to or at an angle to the adjacent street. Roof colors shall be limited to
brown or gray hues to better blend with the existing surroundings. Other possible design
measures that should be considered include the following: limitations on the placement
of auxiliary structures; control of roof slopes for accent or secondary structures; limit the
maximum skirt length to 6-feet; limit the paint scheme of fences; avoid long, blank facades
and stairway projections; prohibit the use of crushed rock and exotic vegetation as
landscape elements; and define design review policies for proposed landscape
improvements and irrigation requirements. (Mitigation Measure 6-7)
25.
The Architectural Design Guidelines shall prohibit the establishment of irrigation systems
within'the driplines of existing oak trees to be preserved.
Roads, Drainage and Utilities
26.
This development shall conform to the requirements of Division 914 (Drainage), the
remainder of Title 9 of the Subdivision Ordinance and Title 10. Any exceptions
therefrom must be specifically listed in this condition of approval statement. Drainage,
road and utility requirements are based on the plan submitted on April 16, 1996, and shall
be subject to the approval of the County Public Works Department. Conformance with
the Ordinance includes the following requirements:
A. County-maintained street lighting is not required.
B. Constructing a paved turnaround at the end of each proposed private road.
C. Undergrounding of all new utility distribution facilities within the subdivision.
PAGE NO. 13 OF EXHIBIT 1 OF RESOLUTION NO. 172-96
Conveying all storm waters entering or originating within the subject property
without diversion and within an adequate storm drainage facility, to a natural
watercourse having definable bed and banks or to an existing adequate public
storm drainage facility which conveys the storm waters to a natural watercourse.
Designing and constructing storm drainage facilities required by the Ordinance in
compliance with specifications outlined in Division 914 of the Ordinance and in
compliance with design standards of the County Public Works Department. The
Ordinance prohibits the discharging of concentrated storm waters into roadside
ditches or across sidewalks.
Submitting improvement plans prepared by a registered civil engineer, payment
of review and inspection fees, and security for all improvements required by the
Ordinance Code or the conditions of approval for this subdivision. These plans
shall include any necessary traffic signage and striping plans for review by the
County Public Works Department, Road Engineering Division. The
improvement plans shall be signed and stamped by a licensed geotechnical
engineer, based on his review and the review and recommendations of a geologist.
Drainage from improved portions of this property shall not be conveyed to the
pond.
He
Submitting a final map prepared by a registered civil engineer or licensed land
surveyor.
Modifications to the proposed design of project roadways and to the proposed design of
roadway improvements for La Gonda Way shall be made to incorporate traffic calming
devices, as deemed acceptable to the County Public Works Department, Road Engineering
Division and the Town of Danville Director of Development Services. Interior private
roadways shall utilize a road section providing for on-street parking on one side of the
roadway. Appropriate regulatory signage shall be provided to indicate the parking
restrictions.
27.
28.
Contribute $376.00 per dwelling unit (for lots both within Danville and within the
unincorporated area) to the Town toward the installation of a traffic signal at the La
Gonda Way/E1 Cerro Boulevard intersection (Mitigation Measure 4-2a).
Make a "fair share" contribution to the following improvements or funds:
Construct a left turn lane from westbound Stone Valley Road to south bound
Danville Boulevard as currently planned by the Contra Costa County Public
Works Department. Payment of the modified Alamo Area of Benefit fee,
proposed to be .in effect by June, 1997, will mitigate the impacts associated with
PAGE NO. 14 OF EXHIBIT 1 OF RESOLUTION NO. 172-96
Mitigation Measure 4-2b of the FEIR if it incorporates funding for the Danville
Boulevard - Stone Valley Road intersection left turn improvements, as currently
proposed. If that modified Alamo Area of Benefit is not in effect, then the
applicant's fair share contribution shall be based on $2,201 per additional peak
hour project trip through this intersection, based on a traffic trip generation study
subject to the review of the Public Works Department and the review and
approval of the County Zoning Administrator. (Mitigation Measure 4-2b)
County Road Improvement Fee Trust (Fund No. 819200-0800) toward the
installation of traffic signals on Stone Valley Road at the north bound and south
bound ramps to 1-680. The applicant's obligation shall be fulfilled by payment of
the fees required under the "Joint Exercise of Powers Agreement Pertaining to
Southern Contra Costa Fees for Traffic Mitigation by and between the County,
Town of Danville and the City of San Ramon." These improvements may be
eligible for credit or reimbursement against the Area of Benefit fee. The developer
shall contact the County Public Works Department, Engineering Services
Division, to determine the extent of any credit or reimbursement for which the
applicant might be eligible. Prior to constructing any public improvements, or
filing of the final map, the applicant shall execute a credit/reimbursement
agreement with the County. No credit or reimbursement will be made for any
improvements installed prior to execution of the credit/reimbursement agreement.
Credit will only be given in accordance with Public Works policy. Any credit or
reimbursement shall be based on the cost estimates included in the Area of Benefit
Development Program Report and only in proportion to each specific Area of
Benefit improvement which the applicant is installing. (Mitigation Measure 4.2d)
Widen that portion of La Gonda Way which lies to the north of E1 Portal Road
to a 9.0 meter (30-foot+) paved width, with a 1.2 meter (4.foot+) sidewalk along
the west side of the road, improving the road to the Town's public road standards,
subject to the review and approval of the Town. Unless otherwise directed by the
Town's City Engineer, the improvement plans prepared for the E1 Portal/La
Gonda Way intersection shall provide for the conversion of this intersection to a
three-way stop intersection. Construct a paved turnaround at the La Gonda Way
terminus in accordance with the Town's public road standards.. Should the
applicant wish to defray the expense of making required improvements to La
Gonda Way, he may propose to the Town of Danville and the County the
-establishment of an Area of Benefit District, in accordance with Section 14-1 of the
Danville Town Municipal Code. Planned or proposed projects other than Alamo
Springs which could be considered within such a district might include the later
phases of Hap MaGee Ranch park and the proposed Thiessen residential project
(County File #2934-RZ and SUB 7635). (Mitigation Measure 4-3)
PAGE NO. 15 OF EXHIBIT 1 OF RESOLUTION NO. 172-96
29.
30.
31.
32.
33.
Dedicate right-of-way to the State of California, if deemed necessary, for the ultimate 1-680
improvements as planned by CALTRANS (Mitigation Measure 4-2e).
Construct the on-site roadway system to County private road standards. The on-site
roads shall be constructed to a minimum width of 8.4 meters 2g-feet+) within an 11.4
meter (38-foot+) to 12.6 meter (42-foot+)road easement, as shown on the applicant's Final
Development Plan, as modified by these conditions of approval. The grade of Alamo
Springs Drive, on- and off-site, shall be limited to a maximum grade of 20% Cul-de-sacs
shall be constructed to County standards.
Construct a pedestrian path, within a public trail easement, in the location generally
depicted on the Staff Exhibit dated November 12, 1996. Materials used for the path shall
be subject to review and approval as part of the project improvement plans. Equestrian
use of the pathway is explicitly not allowed. Refinements to the location of the public
trail shall be made to work towards a design goal of a 20% maximum gradient. From the
southwest corner of Lot 32, a 6-foot width path shall be provided within a 17' to 20'
public trail easement which shall cross over Alamo Springs Drive and continue along the
inside edge of Alamo Springs Drive, running through the remainder of the project, to the
eastern edge of the project boundary at the southeast corner of Lot 53. The trail
improvements for this stretch of the public trail shall be substantially as depicted on the
tentative map. Prior to filing a final map or issuance of grading permits, a trail alignment
and improvement plan shall be submitted for review and approval by the County and the
Town and installation of the approved improvements shall be appropriately bonded
through the County and Town. The location and design of any public trail sections shall
be in accord with the plans approved by the public agency, if any, who agrees to accept
the dedication, unless otherwise agreed to by both parties. In absence of a public agency
accepting the public trail, the facility shall be the responsibility of the project
homeowners' association as far as upkeep and liability insurance.
To the extent determined feasible by the County and the Town, all public and private
pedestrian facilities and access ways developed in the project shall be designed in
accordance with Title 24 (Handicap access) and the Americans with Disabilities Act. This
requirement shall be applicable to all project sidewalks, paths, trails, driveway depressions,
as well as handicap ramps.
Provide a minimum of one emergency vehicle access routes (hereinafter referred to as
"EVA"). An EVA shall be pursued to the north connecting to Los Balcones and High
Eagle Road. An EVA shall be developed to the east connecting both Valley Oaks Drive
and E1 Alamo Road. The emergency access route to the east shall meet San Ramon Valley
Fire Protection District standards for a fire apparatus roadway, including standards for
grade, access road surfacing, and road width and shall be subject to review and approval
by the County Public Works Department and the County Zoning Administrator.
Pedestrian and bicycle access for project residents shall be provided for along the Los
PAGE NO. 16 OF EXHIBIT 1 OF RESOLUTION NO. 172-96
34.
35.
36.
37.
38.
39.
Balcones Drive/High Eagle Road access. The access route to the north shall be subject to
the review and approval of the San Ramon Valley Fire Protection District. Unless
otherwise authorized by the County and the Fire District, the on site sections of EVAs
shall be widened to at least a 9.0 meter (30-foot+) easement width and constructed at a
minimum width of 6.0 meters (20-foot+) road width with 0.6 meter (2-foot+) shoulder
backing. Breakaway gating to regulate vehicular access through the EVA(s) shall be
provided. The design, location and means of securing the gating shall be subject to review
and approval by the County Zoning Administrator, the Town Chief of Planning and the
San Ramon Valley Fire Protection District.
The developer shall provide the County and the Town with documentation that a diligent
effort has been made to secure off-site easement rights along the EVA route to the east-
(i.e., the Valley Oaks Drive/E1 Alamo EVA) for project resident pedestrian and bicycle
access).
Furnish proof to the County Public Works Department, Engineering Services Division,
that legal access to the property is available from La Gonda Way, High Eagle Road (for
use as an EVA) and Valley Oaks Drive (for use as an EVA).
Obtain an encroachment permit from the Town of Danville for all work to be performed
within Town right-of-way, and pay all applicable processing fees. Obtain an
encroachment permit from the Application and Permit Center for construction of
driveways, or other improvements within the public road right-of-way in the
unincorporated area of the County.
An encroachment permit for any construction ~ncluding any proposed connection of
project drainage facilities to existing CALTRANS drainage facilities) within the State
right-of-way shall be obtained from CALTRANS through the Public Works Department,
Engineering Services Division.
Prevent storm drainage, originating on the property and conveyed in a concentrated
manner, from draining across the sidewalks and driveways.
Mitigate the impact of the additional storm water run-off from this development on San
Ramon Creek by:
Removing 1-cubic yard of channel excavation material from the inadequate
portion of San Ramon Creek for each 4.6 square meter (50 square feet) of new
impervious surface area created by the development. All excavated material shall
be disposed of off-site by the developer at his cost. The site selection, land rights,
andconstruction staking will be by the Contra Costa County Flood Control &
Water Conservation District 0aereinafter referred to as "Flood Control District").
PAGE NO. 17 OF EXHIBIT 1 OF RESOLUTION NO. 172-96
40.
41.
o_Xr
Upon written request, the applicant may make a cash payment in lieu of actual
excavation and removal of material from San Ramon Creek. The cash payment
will be calculated at the rate of $1.08 per square meter ($0.10 per square foot) of
new impervious surface area created by the development. The added impervious
surface area created by the development will be based on the Flood Control
District's standard impervious surface area ordinance. The Flood Control District
will use these funds to work on the San Ramon Creek annually.
A sketch plan shall be submitted to the Town and to the County Public Works
Department, Engineering Services Division, for review, and to the Zoning Administrator
for review and approval, showing all Alamo Springs Drive road improvements,
emergency vehicle accessways and La Gonda Way improvements prior to starting work
on the improvements plans. Sketch alignment plan shall be to scale and show proposed
and future curb lines, lane striping details, lighting and cross-sections. The sketch plan
shall extend a minimum of 50 meters (164-feet_+) beyond the limits of the proposed work.
The sketch alignment plan shall also include adequate information to show that adequate
sight distance has been provided.
Furnish proof to the County Public Works Department, Engineering Services Division,
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. For
those required improvements which lie within the Town of Danville, furnish proof to the
Town of the acquisition of all necessary fights of entry, permits and/or easements for the
construction of off-site, temporary or permanent, road and drainage improvements. This
may be furnished in conjunction with the application for an encroachment permit with
the Town.
42.
43.
Provide for adequate stopping sight distance at all internal intersections based on a design
speed of 25 miles per hour in accordance with CALTRANS standards. The applicant
shall design the portion of Alamo Springs Drive from the Town of Danville, near "A"
Drive, to "F" Court based on a design speed of at least 45 kilometer per hour (28 miles +
per hour). Use of traffic calming devices and/or a lower design speed in the vicinity of the
pond may be considered if necessary to avoid excessive grading for this section of
roadway. The applicant shall design Alamo Springs Drive to provide a 55 kilometer per
hour (34 mile+ per hour) design speed at the trail crossing in the vicinity of Lot 17. These
design speeds may result in the need to provide additional road easement width to provide
control over the potential planting of trees and other vegetation which could obstruct
sight distance.
Submit an acoustical analysis prepared by a qualified expert and based on the ultimate
widening of Highway 1-680 and ultimate development of the area, and mitigate impacts
PAGE NO. 18 OF EXHIBIT 1 OF RESOLUTION NO. 172-96
44.
45.
subject to the review and approval of the County Zoning Administrator and Town Chief
of Planning. The acoustical study shall be prepared by a qualified expert and based on the
ultimate widening of Highway 1-680 and ultimate development of the area. Mitigation of
impacts shall be implemented subject to the review and approval of the County Zoning
Administrator and the Town Chief of Planning. (Mitigation Measure 9-1a)
Assure permanent reliable access along Alamo Springs Drive. This may require the repair
of any on-site landslides that may impact the access road. The subdivision improvement
plans shall be signed and stamped by a licensed geotechnical engineer. Because of the close
proximity of La Gonda Way to the creek and the erosive nature of the creek, the
improvement plans for the La Gonda Way improvements shall be signed and stamped bSr
a licensed geotechnical engineer, subject to the review and approval of the Town.
The required off-site road improvements to La Gonda Way will significantly alter the
existing rural character of the road. Special design efforts shall be pursued and
implemented to the extent feasible, to retain or re-create as much of the rural character of
this roadway as possible. Prior to the preparation and submittal of detailed improvement
plans for the widening of La Gonda Way, the developer shall prepare preliminary grading,
drainage and landscaping plans reflecting all necessary work outside the existing right-of-
way for La Gonda Way that would be necessary to retain and re-create as much of the
rural character of this road as possible. Improvement Plan submittals shall include a
construction phasing plan which fully addresses the nature and extent of improvements
necessary for the project from' commencement of construction through project
completion. Special acknowledgement shall be made in the phasing plan of the needs to
supply functional, ongoing access to Hap Magee Ranch Park. These plans shall be
submitted for review and approval by the Danville Design Review Board (hereafter
"Danvflle DRB"). For this review, the DRB shall be expanded to include a representative
from the Town Council, a representative from the Danville Parks & Leisure Services
Commission, an additional representative from the Danville Planning Commission and
the City Engineer. Upon Danville DRB approval, the plans shall be the basis for formal
negotiation involving the developer, the Town Planning Division staff and affected
property owners in which the developer and Town Planning Department staff shall
diligently_ pursue the necessary authorizations to install the proposed improvements
outside the existing La Gonda Way right-of-way. Detailed road improvement plans and
working landscape and irrigation plans shall be prepared based on the individual
authorizations secured from the affected property owners. The following measures shall
be pursued by the applicant to reduce the impacts of the required roadway improvements
on individual property owners (includes both work within and outside the existing La
Gonda Way right-of-way):
All opportunities to shift the location of the roadway to ensure adequate areas of
re-landscaping shall be explored by the developer. (Mitigation Measure 4-3 A-l)
PAGE NO. 19 OF EXHIBIT 1 OF RESOLUTION NO. 172-96
Fences, corrals, mailboxes, and other elements currently located within the fight-
of-way shall be relocated and replaced as a part of the required La Gonda Way
improvements for this project. (Mitigation Measure 4-3 A-2)
Roadway and driveway connections shall be constructed so that run-off from the
increased impervious surface of the improved roadway will not flow down into
adjacent properties. (Mitigation Measure 4-3 A-3)
Driveway transitions shall be constructed to avoid steep driveways. Areas on
private property which would be disrupted by driveway connections or retaining
wall construction shall be re-landscaped. (Mitigation Measure ,I-3 A4)
Trees greater than 8-inches in diameter or 20-inches in circumference and shrubs
which would be removed to permit the proposed improvements shall be replaced.
Replacement trees shall be a minimum 15-gallon size and shall replace trees
removed at the 3:1 ratio. Planting shall be informal massing compatible with the
rural setting. Shrubs shall be used to achieve desired softening of retaining walls
and screening of residences along the roadway. All plant materials shall be
drought-tolerant and native, where possible. The type of irrigation equipment,
plant materials and planting standards shall be subject to review and approval by
the Town of Danville Maintenance Department. (Note: Landscaping, irrigation
and other related improvements installed along this stretch of La Gonda Way will
not be maintained by the Town.) Landscape design should be subject to the
approval of the Danville DRB. (Mitigation Measure 4-3 D-l)
Due to limited fight-of-way, opportunities to re-landscape within the right-of-way
will be limited along many sections of La Gonda Way. Opportunities to
revegetate private property along the roadway shall be explored. (Mitigation
Measure 4-3 D-2)
Where retaining walls occur on the downslope side of the roadway, a safety rail or
fence at the top to the retaining wall to prevent pedestrians from falling off the
sidewalk shall be constructed. (Mitigation Measure 4-3 E-l)
Where possible, retaining walls shall be eliminated, or minimized in height, by
acquiring permission to grade and revegetate slopes on private property. This
option shall be explored for both downslope and upslope walls. (Mitigation
Measure 4-3 E-2)
Retaining walls higher than 3-feet, 6 inches shall be avoided, where possible, by
stepping two retaining walls. (Mitigation Measure 4-3 E-3)
PAGE NO. 20 OF EXHIBIT I OF RESOLUTION NO. 172-96
Retaining walls shall be designed to blend with a rural environment through the
selection of appropriate materials and colors. Railing or fencing, where necessary,
shall also be rural in character, possibly a split rail or painted rail fence. (Mitigation
Measure 4-3 E-4)
Final arbitration of necessary frontage improvements shall be determined by the
Town Chief of Planning and the County Zoning Administrator. '
Geotechnical Factors and Hazards
46.
The geotechnical recommendations contained within the reports entitled Geotechnical
Investigation, Alamo Springs, La Gonda Way, Contra Costa County, California prepared-
by Berlogar Geotechnical Consultants and dated April 3, 1990 and February 6, 1996
Berlogar Geotechnical Reports, the DK Associates, Inc. letter titled "Response to Geology
and Grading Review" and the May 1, 1996 peer-review letter by Darwin Myers Associates
entitled "Review of April Submittal/Geology and Grading Subdivision 7452 and 7453"
shall be followed. Should a subsequent geotechnical study for the project prepared by
Berlogar, or other Geotechnical Engineer acceptable to the County Zoning Administrator
and Town Chief of Planning, conclude that these recommendations merit modification,
they shall be modified subject to the concurrence of the County Zoning Administrator
and Town Chief of Planning. At least 60 days prior to filing a final map or issuance of a
grading permit, developer shall submit a supplemental Geotechnical Report (or letter)
from the consulting geotechnical ~ngineer for the review and approval of the County
Zoning Administrator and the Town Chief of Planning.
The project shall comply with the following requirements:
All site preparation and grading shall be performed in accordance with the
recommendations contained in the geotechnical investigation reports
prepared by Berlogar Geotechnical Consultants, dated April 3, 1990 and
February 6, 1996 Berlogar Geotechnical Reports, the DK Associates, Inc.
letter titled "Response to Geology and Grading Review" and the May 1,
1996 peer-review letter by Darwin Myers Associates entitled "Review of
April Submittal/Geology and Grading Subdivision 7452 and 7453". A
document shall be recorded to acknowledge and identify the report being
used for this project. (Mitigation Measures 5-1a through 5-3)
Prior to issuance of a grading permit, rough grading plans and
specifications shall be reviewed by the project geotechnical engineer for
conformance with the intent of the recommendations contained in the
geotechnical investigation report. The rough grading plans shall be signed
and dated by the project geotechnical engineer. Changes thereafter shall be
reviewed and initiated by the project engineer.
PAGE NO. 21 OF EXHIBIT 1 OF RESOLUTION NO. 172-96
47.
48.
49.
Ce
The report shall investigate the possibility of a landslide area located on the
east side of La Gonda Way (near the convergence of San Ramon Creek,
Hap Magee Ranch Park and La Gonda Way) to evaluate the risk of
landscaping and its impact on the proposed roadway improvements as well
as on the stability of the proposed roadway improvements. The subsurface
data shall be used to design the road improvements and the retaining wall.
(Mitigation Measure 4-3B-1).
Prior to issuance of building permits, developer shall submit as-graded reports prepared
by the engineering geologist and the geotechnical engineer to the County and the Town
with an as-graded map showing final plan and grades. The map shall identify all
encountered faults, aquifers, and stratigraphic (bedrock) units; zones of highly jointed
and/or deeply weathered rock; orientation of bedding and/or other discontinuities, and
the location of any seepage, fill keyways, and subdrainage material with deanouts, outlets,
and pickup points; buttress fills with keyway location, any retaining walls installed,
subdrains and their connections, and other soil improvements installed during grading,
all as surveyed and mapped by a licensed land surveyor or civil engineer.
A grading bond is required for the work necessary to carry out the grading plan.
Developer shall provide sufficient information to estimate the cost of required soil
improvements, or a contractor's estimate.
A statement to run with deeds to parcels of the property shall be recorded acknowledging
all geotechnical reports by title, author (firm), and dates, calling attention to
recommendations, and noting that the report is available to prospective buyers from the
owner.
50.
51.
All site preparation and grading shall be performed under the observation of a qualified
geotechnical engineer or his representative. Upon completion of the grading operation,
the geotechnical engineer shall submit a final report to the public agency who issued the
grading permit stating that the earth construction work was done in substantial
conformance with approved plans, specifications and the recommendations contained in
the geotechnical investigation report. Berlogar Geotechnical Consultants shall continue
to provide services as the project geotechnical engineer and engineer geologist, or other
geotechnical consukant mutually acceptable to the County Zoning Administrator, Town
Chief of Planning and the applicant. Further, the geotechnical engineer shall be required
to file reports with the County and the Town during the grading operation pursuant to
a schedule to be determined by the County and Town. (Mitigation Measures 5-3 p & q)
If it is found during construction that subsurface conditions differ from those described
in the geotechnical investigation report or where such conditions warrant changes to the
recommendations contained in the report, the geotechnical engineer shall review the
changes and prepare an addendum including conclusions and recommendations for
PAGE NO. 22 OF EXHIBIT 1 OF RESOLUTION NO. 172-96
52.
53.
54.
Water
55.
56.
57.
modification. This addendum shall be submitted to the public agency who issued the
grading permit for review and approval. Once approved, the addendure shall take
precedence over the original report regarding the changes or concerned areas.
At the time of issuance of the grading permit, a report (or letter) from the consulting
geotechnical firm shall be submitted to the Town and the County for the purpose of
updating the recommendations of the geotechnical report to reflect grading Code standards
in effect at that time.
Proposed contours shall meet existing grades in a gradual manner, generally following the
existing topography. All regrading shall receive native hydroseeding. 0VIitigation Measur~
5-3r)
If toxic or contaminated soil is encountered during any excavation activity, all
construction activity in that area shall cease until the appropriate action is determined and
implemented. The concentration and extent of the contamination shall be determined.
Run-off from any contaminated soil shall not be allowed to enter San Ramon Creek.
Suitable disposal and/or treatment of any contaminated soil shall meet all Federal, State
and local regulations. (Mitigation Measure I-l)
Supply/Quality
Prior to the recordation of a final map, the project developer, in cooperation with
EBMUD shall diligently attempt to establish a tie-in to the existing water main near E1
Alamo Road and upgrade existing water mains as required to provide a minimum 1,500
gallons per minute fire flow in accord with the standards of San Ramon Valley Fire
Protection District. Failure to provide for this level of water volume will require that
new residences developed in this project provide automatic sprinkler systems, as may be
specified by the San Ramon Valley Fire Protection District. (Mitigation Measure 7-5)
Proposed landscaping and irrigation systems shall comply with the Landscape Water
Conservation Ordinances of the County and the Town. The final landscape plan shall be
subject to prior review and approval by Contra Costa County and the Town of Danville.
Prior to submittal of landscape plans to the County and Danville, the East Bay Municipal
Utility District shall be provided an opportunity to comment on the plans.
The developer shall install low flow plumbing fixtures in all homes to reduce water usage.
(Mitigation Measure 7-6)
PAGE NO. 23 OF EXHIBIT 1 OF RESOLUTION NO. 172-96
Fire Protection
58.
Prior to the issuance of any building permits, the EVAs as required by Condition of
Approval 33, shall be completed as required by San Ramon Valley Fire Protection
District. (Mitigation Measure 4-1)
59.
The final map shall designate and establish access ways for emergency and maintenance
use to all common and private open space areas via dedicated easements or separate
lettered lots, located a minimum of every 500 linear feet from the project roadway system.
(Mitigation Measure 4-1a)
60.
The maintenance, in perpetuity, for the zones and emergency/maintenance access ways
shall be assigned to a project homeowners' association, or other County/Town approved
agent. These responsibilities shall be disclosed to property owners by way of deed
restrictions and/or covenants, conditions and restrictions.
61.
All roofing materials used at the project site shall be Class A or Class B fire retardant.
(Mitigation Measure 8-1)
62.
Approved spark arrestors shall be required on all chimneys for fireplaces and hearing
appliances in which solid or liquid fuel is used. (Mitigation Measure 8-1c)
63.
An annual weed abatement/fuel management program for all privately and commonly
owned open space areas acceptable to the San Ramon Valley Fire Protection District shall
be established and implemented to assure observance of current District standards. The
program shall be the responsibility of the project homeowners' association, or other
County/Town approved agent. (Mitigation Measure 8-1d)
64.
Fire breaks shall be established and maintained on the edges of the open space at the
project site, extending down the hillside between the ridgecrest and Highway 1-680.
(Mitigation Measure 8-1e)
Police Protection
65.
The owner of the property shall participate in the provision of funding to maintain and
augment police services by voting to approve a special tax, or other funding mechanism,
for the lots created by this subdivision approval which will remain in the unincorporated
area of Contra Costa County. The tax/funding mechanism implemented shall be the per
lot annual amount (with appropriate future CPI adjustment) then established at the time
of the special tax/funding mechanism election by the Board of Supervisors and/or the
Danville Town Council pursuant to a joint exercise of powers agreements 0PA) between
the County and the Town established for this project to address the provision of police
services, with such funding to be given to the Town of Danville. The special tax/funding
PAGE NO. 24 OF EXHIBIT 1 OF RESOLUTION NO. 172-96
mechanism shall, at a minimum, cover the actual costs incurred by the Town of Danville
(calculated on a per resident basis) to provide police services at a municipal service level
to the lots created by this subdivision approval which will remain in the unincorporated
area of Contra Costa County. Funds collected for this purpose shall be forwarded to the
Town of Danville. The election to provide for the tax/funding mechanism shall be
completed prior to the issuance of grading permits or the filing of the final map,
whichever occurs first. The property owner shall be responsible for paying the cost of
holding the election, payable at the time the election is requested by the owner. The
structure of the tax/funding mechanism shall be such to allow future inclusion of other
additional lots. (Mitigation Measure 8-3) (Also, see Advisory Note 'T' at the end of this
document.)
Required Fees/Related Improvements
66.
At least 60 days prior to filing a final map, the developer shall submit a demand study for
child care facilities generated from the future project residents. The report shall propose
an appropriate response program for the proposed lots lying on unincorporated property
in accord with County Ordinance 88-1 as amended, the Child Care Ordinance. Lots
developed within the Town of Danville shall be subject to the Town's Child Care
Ordinance (Town Ordinance #89-2). (Mitigation Measure 3-8)
Parks and Recreation
67.
The public pedestrian trail easement shown extending into the site parallel to Alamo
Springs Drive shall be offered in dedication as generally shown on the Revised Vesting
Tentative Maps dated May 24, 1995 to EBRPD, Contra Costa County, the Town of
Danville or other appropriate public entity. Recognizing that dedication of open spaces
areas may not be accepted by a public entity, the developer shall develop an alternate
means of assuring the ongoing upkeep of this trail facility (e.g., place that responsibility
on the project homeowners' association).
68.
Developer shall pay park dedication fees in the amount of $2,880.00 per lot. The fee for
lots in the Town of Danville shall be paid to the Town. For those in Contra Costa
County, the fee shall be paid to the County (to be placed in the County's Alamo Area
park land in-lieu fee account). (Mitigation Measure 8-6)
Maintenance and Use of Open Space
69.
Except as may be otherwise provided for as regards trail facilities, commonly owned open
space areas shall be maintained by a project homeowners' association whose
responsibilities shall include assuring including fire protection measures are established
and implemented. Adequate access points shall be provided for maintenance vehicles to
on-site common and private open space areas as well as to the adjoining EBRPD and State
PAGE NO. 25 OF EXHIBIT 1 OF RESOLUTION NO. 172-96
of California lands. No grading shall be permitted on steep slopes, and no grading or
other activities will be permitted that would allow or encourage vehicular access (or any
other access) to or from the project, through SD 5156 and along the northwestern portion
of the site adjacent to Lot 43.
70.
Prior to the filing of a final map, the developer shall propose a Geologic Hazards
Abatement District (GHAD) for the subject property for enactment by both the Contra
Costa County Board of Supervisors and the Danville Town Council. The private open
space portions of Lot 43 shall not be included within the boundaries of the GHAD.
71.
Common open space areas shall be maintained in as natural a state as practical, given the
requirements of access, maintenance and fire prevention. The introduction of non-native
vegetation in these areas is expressly discouraged. Improvements shall be limited to
emergency and maintenance vehicle access ways, pedestrian/equestrian trails and
appropriately designed fencing.
72.
Uses permitted on the private open space portion of Lot 43 shall be limited to small, non-
commercial farming/ranching uses, including; horticulture, floriculture, livestock,
breeding, aviaries and similar agricultural uses. Leasing the property to a commercial
operation for use for cattle grazing is an allowed use. Commercial boarding of horses is
explicitly prohibited. No more than two head of livestock may be maintained per acre
of land available for grazing use. Barns/sheds/agricultural and related structures shall not
be located or maintained nearer than 25 feet to the boundary line of any street nor near
than 25 feet to any side, front, or rear property line of Lot 43. Paddocks, or other
enclosed livestock areas shall not be established any nearer than twenty-five feet to the
property line of any residential property in this project or surrounding residential
properties.
Road Maintenance
73.
The project homeowners' association shall be responsible for maintenance of all on-site
roads, emergency vehicle access ways, private trails and pedestrian ways. These and other
maintenance responsibilities shall be spelled out in the CC&Rs, which shall be submitted
to the Town of Danville and Contra Costa County for review and approval prior to
recordation of the initial final map for the project.
74.
The developer shall work with the County and the Town to establish a Lighting and
Landscape District to cover the costs of maintaining the emergency vehicle access street
sweeping and trail maintenance for the project. The emergency vehicle access gates shall
be maintained in good order at all times.
PAGE NO. 26 OF EXHIBIT 1 OF RESOLUTION NO. 172-96
Air Quality
75.
The project shall include pedestrian paths and sufficient road widths to allow for bicycles
where feasible to encourage transportation modes that do not contribute to air pollution.
(Mitigation Measure 10-2)
Archaeology
76.
In the event that any artifacts or human remains are discovered or cultural soils
encountered during construction of on or off-site improvements, all work shall be halted
in the immediate area of the discovery until a qualified archaeologist has the opportunity
to assess the find and to make any necessary plans for the further evaluation and/or
systematic removal of endangered material as from the areas which may be impacted by
further work. (Mitigation Measure 11-1)
Covenants, Conditions and Restrictions
77.
A copy of the project's covenants, conditions and restrictions (hereafter "CC&Rs") shall
be submitted for review and approval to the Contra Costa County Community
Development Department and the Town of Danville Planning Division. The document
shall provide for maintenance of common open space, emergency vehicle access ways,
project roadways, trails, and fire break protections. The document shall reference the
approved residential design guidelines, measures to assure protection of oak trees to be
preserved (with particular attention to the Oak trees on Lot 14 and Parcel C, the slope 'and
drainage improvement maintenance plan, and the fencing plan program. The CC&Rs
shall make an adequate provision for funding maintenance of commonly owned
infrastructure improvements and establishing a maintenance cycle standard of those
improvements.
Construction Period Requirements
78.
A watering program which incorporates the use of a dust suppressant, and which complies
with the' Bay Area Air Quality Management District's Regulation 2, shall be established
and implemented for all on and off-site construction activities. Equipment and manpower
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. (Mitigation Measures H-1 and H-2)
79.
Stockpiles of debris, soil, sand or other materials that can be blown by the wind shall be
covered. Dust-producing activities shall be discontinued during high wind periods.
(Mitigation_ Measures H-3 and H-5)
PAGE NO. 27 OF EXHIBIT 1 OF RESOLUTION NO. 172-96
80.
All mud or dirt carried off the construction site onto adjacent streets shall be swept or
water flushed each day. (Mitigation Measure H4)
81.
Noise generating construction activity (including playing of loud radios or music) shall
be limited to the hours of 7:30 A.M. to 5:00 P.M., Monday through Friday, and shall be
prohibited on State and Federal holidays. The restrictions on allowed working days may
be modified on prior written approval of the County Zoning Administrator and the Chief
of Planning. (Mitigation Measure G-2)
82.
The project sponsor 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 possible. (Mitigation
Measure G-l)
83.
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 and to the
homeowners' associations of nearby residential projects; and to the owners of property
served access by La Gonda Way between E1 Pintado and the project entrance 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 noise and litter control, tree
protection, construction traffic and vehicles, erosion control, and 24-hour emergency
number, shall be expressly identified in the notice. The notice shall be re-issued with each
phase of major grading and construction activity. Copies of the notice shall be
concurrently transmitted to the Contra Cosa County Community Development
Department and the Danville Planning Division. The notice shall be accomplished by a
list of the names and addresses of the parties noticed, and a map identifying the area
noticed.
84.
The project shall comply with the dust control requirements of the grading ordinances of
the County and the Town including provisions pertaining to water conservation.
(Mitigation Measure 10-1)
85. An Erosion Control Plan shall be prepared to include the following measures:
All grading excavation and filling shall be conducted during the dry season (May
1st through October lst) only, and all areas of exposed soils shall be replanted to
minimize erosion and subsequent sedimentation. After October 1st, only erosion
control work shall be allowed by the grading permit.
PAGE NO. 28 OF EXHIBIT 1 OF RESOLUTION NO. 172-96
A Revegetation Plan for all disturbed slope areas lying outside of private lots shall
be submitted as part of the erosion control plan.
Hydroseeding and hydromulching are not considered adequate on 2:1 slopes that
are more than 15-feet in height.
The erosion control plan shall show the location of proposed temporary detention
basins, silt fences and straw bales, along with revegetation of all graded areas. It
shall also contain provisions for:
1) Performing maintenance during the winter rainy season, as necessary.
2) Regular inspections by the project engineer during the winter rainy season.
3) Spot inspections during/immediately following severe storms.
86.
Project-related construction traffic access to the site shall be limited to the Highway 1-680,
E1 Pintado, La Gonda Way route. Other construction traffic access to the site may be
allowed with prior approval of the County Zoning Administrator and Town Chief of
Planning. Existing access points from Los Balcones Drive and Valley Oaks Drive shall be
barricaded for the period of construction activity. Prior to completion of construction
activity, construction barriers shall be replaced by emergency vehicle access barriers.
87.
The applicant shall provide for the separation of recyclable construction material, such as
wood waste and inert solids, at the construction site. Provisions for the separation of
recyclables shall be consistent with the County Source Reduction and Recycling Element.
Street Names
88.
At least 30 days prior to filing a final map, proposed street names shall be submitted for
review and approval of the County and the Town. Alternate street names shall be
submitted to the County Community Development Department - Graphics Section and
Town of Danville.
Phasing of Development
89.
Follow-ing approval of revised site plans pursuant to Condition of Approval #4 above, and
consummation of any required boundary adjustment or annexation, a final map may be
recorded. Final maps may be recorded in two phases in accord with jurisdictional
boundaries. Prior to recordation of the initial final map for the project, approval and
recordation of a lot line adjustment may be necessary. At least 60 days prior to recording
a final map, proposed project improvement plans (roads, drainage, street lights, utilities,
PAGE NO. 29 OF EXHIBIT 1 OF RESOLUTION NO. 172-96
etc.) shall be submitted to the jurisdiction which is not processing the final map for
opportunity to comment.
County Indemnification
90.
Pursuant to Government Code Section 66474.9, the applicant (including the subdivider
or any agent thereof) shall defend, indemnify, and hold harmless the Town of Danville
and Contra Costa County Planning Agencies and their agents, officers, and employees
from any claim, action, or proceeding against the Agencies (the Town and the County)
or their agents, officers, or employees to attack, set aside, void, or annul, the Agencies'
approval concerning this subdivision map application, which action is brought within the
time period provided for in Section 66499.37. The Town and/or County will promptly
notify the subdivider of any such claim, action, or proceeding and cooperate fully in the
defense.
Other Requirements
91.
The following conditions of approval shall be met to reflect previous negotiations
involving the East Bay Regional Park District (hereinafter referred to as "EBRPD"), which
is allowing the applicant to secure an easement for water infrastructure improvements for
the benefit of the Alamo Springs project.
Prior to or concurrently with the recordation of the final map, the developer shall
grant a permanent non-exclusive 20-foot wide easement to EBRPD from La Gonda
Way over portions of Alamo Springs Drive and over the emergency access
roadway from the terminus of Alamo Springs Drive to the easterly subdivision
boundary near the northeasterly corner of Lot 52 and along the easterly
subdivision boundary from the emergency access roadway to the southeasterly
corner of the open space parcel east of Lot 52. This easement shall be for purposes
of ingress and egress of personnel and equipment, including mechanized
equipment, for emergency access to, and for trail maintenance purposes on the
appurtenant real property to EBRPD known as the Stone Valley segment of the
Las Trampas to Mt. Diablo Regional Trail. Concurrently with the granting of this
easement, EBRPD shall quitclaim to the developer the existing access easement
(10626 O.R.571), which is replaced by this new easement.
The developer shall install a horse trough near the existing drinking fountain near
E1 Alamo Road. In lieu of actual construction, the developer can reimburse
EBRPD for the cost of installing the horse trough.
The developer shall relocate existing fence along the boundary of the EBRPD
property and open space parcel east of Lot 52 to coincide with the actual property
llne.
PAGE NO. 30 OF EXHIBIT 1 OF RESOLUTION NO. 172-96
Energy Conservation Program
92.
At least 30 days prior to filing a final map, the applicant shall submit the following for the
review and approval of the Zoning Administrator:
Provide for future passive or natural heating or cooling opportunities within the
subdivision and the design of the residences and swimming pools to the extent
feasible.
Evidence that he has reviewed the desirability of participating in the PG&E energy
conservation "Incentives for Builders" program. Should he choose not to
participate, the applicant shall indicate in writing the reasons why he is electing
not to participate in the program.
93. Deleted.
94.
The owner of the property shall participate in the provision of funding to maintain and
augment street maintenance services by agreeing to the formation of a street maintenance
district for the lots created by this subdivision approval which will remain in the
unincorporated area of Contra Costa County. The assessment shall be the per lot annual
amount (with appropriate future CPI adjustment) then established at the time of voting
by the Board of Supervisors and/or the Danville Town Council pursuant to a joint
exercise of powers agreement (JPA) between the County and the Town established for this
project to address the provision of street maintenance services, with such funding tO be
given to the Town of Danville. The formation of the street maintenance district shall be
completed prior to the issuance of grading permits or the filing of the initial final map for
the project, whichever occurs first. The structure of the funding mechanism shall be such
to allow future inclusion of other additional lots. (Mitigation Measure 8-6) (Also, see
Advisory Note "M" at the end of this document.)
95.
The owner of the property shall participate in the provision of funding to maintain and
augment park, street lighting and landscape maintenance services by agreeing to the
formation of a lighting and landscape assessment district for the lots created by this
subdiviSibn approval which will remain in the unincorporated area of Contra Costa
County. The assessment shall be the per lot annual amount (with appropriate future CPI
adjustment) then established at the time of voting by the Board of Supervisors and/or the
Danvil!e Town Council pursuant to a joint exercise of powers agreement (JPA) between
the County and the Town established for this project to address the provision of park,
street lighting and landscape maintenance services, with such funding to be given to the
Town of Danville. The formation of the road maintenance district shall be completed
prior to the issuance of grading permits or the filing of the initial final map for the project,
whichever occurs first. The structure of the funding mechanism shall be such to allow
PAGE NO. 31 OF EXHIBIT 1 OF RESOLUTION NO. 172-96
96.
97.
98.
99.
100.
101.
future inclusion of other additional lots. (Also, see Advisory Note "P" at the end of this
document.)
The applicant shall submit an application to LAFCO facilitating the annexation of the lots
created by this subdivision approval which will remain in the unincorporated area of
Contra Costa County into County Service Area CSA L-100 Lighting District. Said
submittal shall occur prior to the issuance of building permits.
The applicant shall comply with all rules, regulations and procedures of the National
Pollutant Discharge Elimination System (NPDES) for municipal, construction and
industrial activities as promulgated by the California State Water Resources Control
Board, or the applicable Regional Water Quality Control Boards (i.e., San Francisco Bay -
Region II or Central Valley - Region V). The applicant shall obtain a General
Construction Activity Stormwater Permit. A Notice of Intent for this permit shall be
submitted to the State Water Resources Control Board. The applicant shall provide a
copy of the Notice of Intent to the County and Town Building Inspection staffs prior to
the issuance of a grading permit. A stormwater pollution prevention plan (SWPPP) and
monitoring program shall be required with this permit. (Mitigation Measure 74b)
Develop best management practices (BMPs) in accordance with the Contra Costa County
Clean Water Program for the site's stormwater drainage.
All storm drains shall be stenciled with "No Dumping, Drains to Delta", using
thermoplastic tape.
The project CC&Rs shall include provisions which will serve to assure that each residence
in the project will have, and maintain, at least six off-street parking spaces outside the road
right-of-way, or have, and maintain, at least four off-street parking spaces per residence
with a corresponding adjustment to the width of the adjoining roadway sections, as
necessary, and/or the provision of parking bays, to provide at least three common parking
spaces for each pairing of residences with said common parking to be provided within 60
meters (200-feet_+) of the two residences. Parking requirements shall specifically not
assume any parking on Alamo Springs Drive from La Gonda Way to "F" Court. Other
roads within the project, and the remainder of Alamo Springs Drive, shall be assumed to
be restricted to parking on one side of the roadway.
The applicant shall show the creek structure setback line on his site plan in accordance
with Section 914-14.012 of the County regulations, "Structure Setback Lines for
Unimproved Earth Channels", and observe this setback as if this were a subdivision, or,
The applicant will be required to design the foundations for these residences and roadways
within the structure setback area based on a soils and geotechnical report. The report shall
address potential soil and bank instability and shall be submitted to the County and Town
PAGE NO. 32 OF EXHIBIT 1 OF RESOLUTION NO. 172-96
102.
103.
Building Inspection Departments for review. The foundation design may incorporate
conservative design analysis rather that rigorous geotechnical analysis if acceptable to
Building staff.
Unless submitted prior to September 29, 2000, first check submittal and accompanying
calculations including subdivision grading plans, improvement plans, hydrology and
hydraulic maps, final maps, right-of-way plat maps and descriptions shall be in metric
units. Exceptions may be permitted, based on substantial reason, subject to review and
approval of the County Public Works Department and the Town Engineering Division.
The subdivider shall develop a Maintenance Management System Plan (Plan) which
establishes appropriate inspection and maintenance systems regarding the following site
infrastructure elements present on proposed Lot #43 of the project:
Weed/fire control
Storm drainage systems
Erosion control
Spring-feed pond
Slide area monitoring and repair
The plan shall be structured to assure the provision of a safe, high qualky and hard free
environment. These goals are to be achieved through a process composed of the following
activities:
Recurring site inspections
Date analysis and reporting
Action determination
Work performance
Quality assurance
The submittal shall include a pond management program which clearly specifies the
following: the design parameters for any pond modifications, anticipated problems, and
proposed methods of maintenance. (Mitigation Measure 5-6)
The sub;nittal shall include discussion of limitations of use of this area for grazing by
horse and livestock during the rainy portions of the year. The ongoing inspection and
maintenance obligations established by the Plan shall be the responsibility of the property
owner of Lot #43. Such obligations shall be formalized through deed restrictions that
shall run with the ownership of the property. The Plan shall be submitted for review and
approval by the Development Services Department of the Town of Danville and
Community Development Department of Contra Costa County prior to the recordation
of the initial final map for the project.
PAGE NO. 33 OF EXHIBIT 1 OF RESOLUTION NO. 172-96
104.
105.
106.
107,
A budget shall be established and funded with "seed money" from the subdivider to
initiate the various annual maintenance functions and long term repair functions
established within the plan. The property owner of Lot//43 shall enter into term
contracts for inspection services and maintenance and repair services, as necessary to carry
out the program. Inspection services shall be performed by an independent
contractor/engineer, or other party deemed acceptable to the County and the Town, who
shall be responsible for the inspection of all systems and facilities covered by the Plan.
Maintenance services shall be performed on an annual basis as deemed necessary through
the inspection process. Maintenance services shall be preformed by such party as selected
by the property owner of Lot 43, unless the inspection process reveals that recommended
work is not being preformed or is being preformed in a sub-standard manner, in which
case the County and Town may direct the work to be preformed by a general contractor
for the work items not addressed or addressed in a sub-standard manner. Continuity in
the services provided shall be insured by placing the term of the contract for the two
functions at three years (provisions for a base year and two subsequent renewable years).
Annual status reports shall be prepared and shall be submitted to the Contra Costa
County Community Development Department and the Town of Danville and the
homeowner's association created for the Alamo Springs development.
Conditions of this approval may require the developer to install public improvements on
land where neither the developer nor the Town has easement rights to allow the
improvements to be installed. The developer shall be responsible for acquisition of the
necessary easements either through private negotiations or by entering into an agreement
with the Town and whereby the developer would assume all responsibilities for
acquisition pursuant to the Town's authority for condemnation. Such acquisitions shall
be commenced prior to the developer's submittal of any final map for the project. All
costs associated with such acquisition shall be borne by the developer,
The area of the 20-foot width access easement serving Lot 43, which runs through Lot 36,
shall be reconfigured to be a minimum 30-foot width "stem" which shall be included in
the area of ownership for Lot 43.
The initial buyers of the residential units developed in this project shall be advised of the
possibility that school-aged children in this project may not be able to attend the nearest
school to their neighborhood due to localized and/or district-wide overcrowding.
Prior to, or concurrent with, the filing of the initial final map for the project:
The applicant, and any other owners of the property, shall dedicate to the County
and the Town any proprietary or other rights that the applicant and any other
owners have to grant access rights across the subject property to adjacent
properties, for themselves and their successors-in-interest for the subject property.
PAGE NO. 34 OF EXHIBIT 1 OF RESOLUTION NO. 172-96
The applicant shall provide Town and County staff with appropriate
documentation (e.g., a current title report) to satisfy staff that no access fights were
granted to adjoining properties after the date of December 17, 1996, the approval
date of this development.
By approval of this development, it is not the Town's or County's intent to create or
grant any additional proprietary, or other, access right to adjoining properties, beyond the
extent that they existed at the time of the project's approval (i.e., December 17, 1996).
108.
Fencing established on top of the berm to be developed around the Highway 1-680 sides
of Lots 26 through 31 shall open wire mesh fencing of a consistent design, height and
location.
109.
The access easement shown across the western edge of Lot 46 connecting Alamo Springs
Drive and the Thiessen property to the north (APN 197-050-016) shall be widened to 30'
if it is documented that established easement rights bene~tting the Thiessen property are
in place.
110. The applicant shall pay the SCC Regional Fee required under the Southern Contra Costa
Fee Areas Area of Benefit- as adopted by the County Board of Supervisors.
PAGE NO. 35 OF EXHIBIT 1 OF RESOLUTION NO. 172-96
ADVISORY NOTES
The applicant will be required to comply with the requirements of the
Bridge/Thoroughfare Fee Ordinance for the Alamo Area of Benefit as adopted by the
County Board of Supervisors. Those lots which lie within the Town of Danville shall not
be subject to County Area of Benefit fees, but will be subject to the Town of Danville's
residential transportation improvement program fee (Town Ordinance #94-03), to be paid
to the Town prior to issuance of building permits on those parcels.
B. Deleted.
The project will be subject to the requirements of the East Bay Municipal Utility District
and the Central Contra Costa Sanitary District. (Mitigation Measures 7-7 and 7-8a)
The project will be subject to the requirements of the San Ramon Valley Fire Protection
District.
This project may be subject to the requirement of the Department of Fish & Game. It is
the applicant's responsibility to notify the Department of Fish & Game, P.O. Box 47,
Yountville, California 94599, of any proposed construction within this development that
may affect any fish and wildlife, per Fish & Game Code.
Development will be subject to the requirements of the County Water Conservation
Landscaping in New Developments Ordinance (Ord. #909-59). (Mitigation Measure 7-6)
Development will be subject to the requirements of the San Ramon Valley Unified School
District fees at time of issuance of building permits. (Mitigation Measure 8-4)
This project may also be subject to the requirements of the Army Corps of Engineers.
The applicant should notify the appropriate district of the Corps of Engineers to
determine if a permit is required and if it can be obtained.
In regards to the Condition of Approval #65, the applicant is advised that the tax for the
police services district is currently set by the Board of Supervisors at $200 per parcel
annually (with appropriate future Consumer Price Index [CPI] adjustments). The tax for
the police services district to cover actual costs of future police services provided from the
Town of Danville to the unincorporated portion of the project is currently estimated at
$254.00 per lot and shall be subject to appropriate future CPI adjustments. (Note:
1995/96 Town budget for police services was $3,356,250. The total number of households
in Danville as of 1/1/96 was set at 13,639, with 2.803 persons per household). Based on
the above preliminary cost estimates, the project will be subject to a minimum per lot fee
of $254.00 per year, with this amount subject to increase to cover some, or all, of the
$200.00 per lot County fee. The annual fee is subject to modification by the Board of
PAGE NO. 36 OF EXHIBIT 1 OF RESOLUTION NO. 172-96
Supervisors and/or the Danville Town Council in the future. The current fee for holding
the election is $800 and is also subject to modification in the future. The applicable tax
and fee amounts will be those established by the Board of Supervisors and/or the Danville
Town Council at the time of voting pursuant to the voting format to be as established by
the joint exercise of powers agreement (JPA) between the County and the Town
established for this project to address the provision of police services.
This project will be subject to the requirements of the County Construction Use of
Recycled Water Ordinance (No. 91-24).
Comply with the requirements of the County Transportation Demand Management
fYDM) Ordinance (No 92-31) prior to filing a final map. At least 30 days prior to filing
a final map, submit two copies of a proposed TDM program to the County.
Except as otherwise stipulated in the foregoing conditions of approval, this project is
subject to the development fees in effect under County and Town ordinances as of August
26, 1996, the date that the Revised Vesting Tentative Maps application were accepted as
complete by the County. These fees are in addition to any other development fees which
may be specified in the conditions of approval.
In regards to the Condition of Approval//94, the applicant is advised that the assessment
for the street maintenance assessment district to cover actual costs of future street
maintenance provided from the Town of Danville to cover the impacts of traffic
emanating from the unincorporated portion of the project is currently estimated at $77.20
per lot and shall be subject to appropriate future CPI adjustments. (Note: The per lot
assessment is the combined Zone A and Zone C assessments reported in the August 6,
1996 Final Engineer's Report for Town of Danville Street Lighting and Landscape
Assessment District No. 1983-1 - Fiscal Year 1996-97.) The applicable assessment will be
as established by the Board of Supervisors and/or the Danville Town Council at the time
the district is created pursuant to a joint exercise of powers agreement 0PA) between the
County and the Town established for this project to address the provision of street
maintenance Services.
In regards to the Condition of Approval #95, the applicant is advised that the assessment
for the lighting and landscape assessment district to cover actual costs of future park, street
lighting and landscape maintenance provided from the Town of Danville to cover the
impacg_s of traffic, public park usage_ and public facility usage resulting from the
unincorporated portion of the project is currently estimated at $108.00 per lot and shall
be subject to appropriate future CPI adjustments. The applicable assessment will be as
established by the Board of Supervisors and/or the Danville Town Council at the time the
district is created pursuant to a joint exercise of powers agreement (JPA) between the
County and the Town established for this project to address the provision of park, street
lighting and landscape maintenance services. ~v5.~ F:xrt~-~n~G\G^xtg~w~a~on.N^L
PAGE NO. 37 OF EXHIBIT 1 OF RESOLUTION NO. 172-96