HomeMy WebLinkAbout077-97RESOLUTION NO. 77-97
APPROVING A MITIGATED NEGATIVE DECLARATION OF
ENVIRONMENTAL SIGNIFICANCE AND APPROVING
PRELIMINARY DEVELOPMENT PLAN - REZONING
REQUEST PUD 96-04 FOR A 2.33+/- ACRE MAXIMUM 38-UNIT
APARTMENT/CONDOMINIUM PROJECT AT THE NORTHWEST
CORNER OF SAN RAMON VALLEY BOULEVARD
AND PODVA ROAD - PODVA ROAD APARTMENTS
- CASTLE CONSTRUCTION COMPANY,
INC. (APN 207-011-004 &-010)
WHEREAS, Castle Construction Company, Inc. and Peace Lutheran Church have requested
approval of a Preliminary Development Plan - Rezoning request to rezone a 2.33 +/- acre site
from P-l; Planned Unit Development District to a new P-1; Planned Unit Development District
allowing a maximum 38-unit apartment/condominium development; and
WHEREAS, the application includes a Variance request to allow the reduction of the minimum
size of a P-1; Planned Unit Development District from 5 acres to 2.33 acres; and
WHEREAS, the subject site is located at the northwest corner of San Ramon Valley Blvd. and
Podva Road, and is identified as Assessor's Parcel Numbers 207-011-004 & 207-011-010; and
WHEREAS, the Town of Danville P-1; Planned Unit Development District Ordinance requires
approval of a Preliminary and Final Development Plan prior to development of the site; and
WHEREAS, a Mitigated Negative Declaration of Environmental Significance has been prepared
for the project indicating that, as amended through recommended conditions of approval, no
significant environmental impacts are expected to be associated with this project; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing on May
13, 1997, and unanimously recommended that the Town Council approve the request; and
WHEREAS, the Town Council did review the project at noticed public hearings on July 1, 1997,
July 15, 1997 and August 5, 1997; and
WHEREAS, the public notice of this action was given in all respects as required by law; and
WHEREAS, a staff report was submitted recommending that the Town Council approve the
request; and
WHEREAS, the project conditions of approval would establish a project obligation to install a
new three-way traffic signal at the south intersection of Podva Road and San Ramon Valley
Boulevard; and
WHEREAS, the cost of the installation of this traffic signal will substantially exceed the
project's traffic mitigation fee, as established by the Town's Residential Transportation
Improvement Program Fee (RTIP); and
WHEREAS, the Town's Municipal Code provides for full or partial credit against RTIP fees for
projects which make substantial off-site traffic related improvements in conjunction with a
current development project where said improvements exceed that required for similar
development projects; and
WHEREAS, the Town Council did hear and consider all reports, recommendations, and
testimony submitted in writing and presented at the hearings; now, therefore, be it
RESOLVED that the Town Council of the Town of Danville approves a Mitigated Negative
Declaration of Environmental Significance and Preliminary Development Plan - Rezoning
request PUD 96-04, subject to the conditions contained herein, and makes the following findings
in support of this action:
Preliminary Development Plan - Rezoning (PUD 96-04):
The proposed Rezoning is substantially consistent with requirements contained within the
Town's 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.
3. Community need has been demonstrated for the use proposed.
Based on the completion of the Initial Study of Environmental Significance and comments
received, there is no substantial evidence before the Town that the project will have a
significant effect on the environment.
RESOLVED, the Town Council finds that variance to the minimum area for a P-1 District (i.e.,
five acres for a residential project) is appropriate and warranted given the fact that the subject
proposal is an irregularly shaped property; the project is an in-fill development; the use of the P-1
regulations will serve to assure the provision of project with a cohesive design and will provide
appropriate flexibility to the regulations applied to the site and the project to assure it is
compatible with surrounding development; and, as provided for in the Implementation Strategy
of the Planning and Development section of the Danville 2005 General Plan, use of the P-1
approach i~ to provide a flexible regulatory approach for developing areas of the Town; and, be
PAGE 2 OF RESOLUTION NO. 77-97
it further
RESOLVED, that the Town Council finds that the development will be making substantial
traffic related improvements in connection with this current development project (i.e., the
installation of a traffic signal at San Ramon Valley Boulevard and Podva Road) that warrant a
full credit of residential improvement program fees because the improvements required under this
approval exceed that required for similar projects.
CONDITIONS OF APPROVAL
Conditions of approval with an asterisk ("*") in the left-hand column are standard project
conditions of approval.
Optional additional language:
Conditions of approval typed in italicized text are mitigation measures derived from the Mitigated
Negative Declaration of Environmental Significance prepared for the project.
Unless otherwise specified, the following conditions shall be complied with prior to the Town
Council approval of the initial final map for the project. Each item is subject to review and
approval by the Planning Division unless otherwise specified.
A. GENERAL
This approval is for a Preliminary Development Plan - Rezoning request (PUD 96-
04) rezoning a 2.33 acre property from M- 12; Multiple Family Residential District
to P-l; Planned Unit Development District allowing the development of a
maximum of 38 apartment/condominium units. The development is also known
as Podva Road Apartments/condominiums. Development shall be substantially
as shown on the project drawings as follows, except as may be modified by
conditions contained herein:
Preliminary Landscape Plan labeled "Podva Road Apartments," as
prepared by Swanson & Swanson Landscape Architects, dated received by
the Planning Division on July 29, 1997.
Preliminary Architectural Plans and Floor Plans labeled "Podva Road
Apartments," consisting of two sheets, as prepared by Hollman Bologna
& Associates, dated received by the Planning Division on May 7, 1997.
c. Existing Tree Preservation Plan labeled "Podva Road Apartments," as
PAGE 3 OF RESOLUTION NO. 77-97
prepared by Swanson & Swanson Landscape Architects, dated received by
the Planning Division on May 7, 1997.
Enhanced landscape planting treatment, as depicted on the four sheets
submitted by the applicant, dated received by the Planning Division on
June 26, 1997.
A revised Final Development Plan and Tentative Map shall be submitted for
review and approval by the Town Council. The Final Development Plan and
Tentative Map shall be revised to be consistent with the requirements of this
Preliminary Development Plan approval and shall be reflective of the six-building
38-unit Preliminary Development Plan approved at the Town Council's July 15,
1997 meeting.
o
The applicant shall pay or be subject to any and all Town and other related fees
that the property may be subject to. These fees shall be based on the current fee
schedule in effect at the time the relevant permits are secured, and shall be paid
prior to issuance of said permit and prior to any Town Council final approval
action. Notice should be taken specifically of the Town's Residential
Transportation Improvement Program (RTIP), Southern Contra Costa Regional
Fees for Road Improvements, Park Land In-lieu, Child Care Facilities, Contra
Costa County Flood Control & Water Conservation District (Drainage Areas and
Mitigation), Plan Checking, and Inspection fees.
Prior to the issuance of grading or building permits, the applicant shall submit
written documentation that all requirements of the San Ramon Valley Fire
Protection District and the San Ramon Valley Unified School District have been,
or will be, met to the satisfaction of these respective agencies.
The applicant shall submit to the Town of Danville fees required to file a Notice
of Determination for this project as required by AB 3185. The fee shall be $25.00.
In the event that subsurface archeological remains are discovered during any
construction or pre-construction activities on the site, all land alteration work
within 100 feet of the find shall be halted, the Town Planning Division notified,
and a professional archeologist, certified by the Society of California Archeology
and/or the Society of Professional Archeology, shall be notified. Site work in this
area shall not occur until .the archeologist has had an opportunity to evaluate the
significance of the find and to outline appropriate mitigation measures, if they are
deemed necessary. If prehistoric archaeological deposits are discovered during
development of the site, local Native American organizations shall be consulted
PAGE 4 OF RESOLUTION NO. 77-97
and involved in making resource management decisions.
Construction activity shall be restricted to the period between the weekday hours
of 7:30 a.m. to 5:30 p.m. (Mondays through Fridays), unless otherwise approved
in writing by the City Engineer for general construction activity and the Chief
Building Official for building construction activity.
The applicant shall provide security fencing, to the satisfaction of the City
Engineer and/or the Chief Building Official, around the site during construction
of the project.
The applicant shall require their contractors and subcontractors to fit all internal
combustion engines with mufflers which are in good condition, and to locate
stationary noise-generating equipment as far away from existing residences as
feasible. Warming of construction equipment and/or servicing such equipment
shall occur only within the authorized work periods (see Condition of Approval
A.6.).
A watering program which incorporates the use of a dust suppressant, and which
complies with Regulation 2 of the Bay Area Air Quality Management District
shall be established and implemented for all on and off-site construction activities.
Equipment and human resources for watering all exposed or disturbed soil
surfaces shall be supplied on weekends and holidays as well as work days. Dust-
producing activities shall be discontinued during high wind periods.
10.
All physical improvements shall be in place prior to occupancy of any structure in
the project. If occupancy within the project is requested to occur in phases, all
physical improvements shall be required to be in place prior to occupancy except
for items specifically excluded in a construction-phases occupancy plan approved
by the Planning Division. No structure shall be occupied until construction
activity in the adjoining area is complete and the area is safe, accessible, provided
with all reasonably expected services and amenities, and appropriately separated
from remaining additional construction activity. A temporary vehicular turnaround
shall be provided at the end of the completed section of roadway to allow
separation of resident traffic and construction traffic.
11.
Allowable uses within this zoning district shall be as specified under the Town's
M-29; Multiple Family Residential District.
12.
The mix of one- and two-bedroom units in the project may be modified to replace
one-bedroom units with two-bedroom units, however the total number of units
PAGE 5 OF RESOLUTION NO. 77-97
shall not exceed 38. Changes made in conjunction with such a conversion may
only occur within the footprint of the approved buildings. Changes are subject
to review and approval by the Planning Division.
13.
Prior to filing a final map or issuance of building permits, cross access easements
shall be recorded across the subject property that will allow future access across
the subject property's drive aisle and parking areas to serve access to multiple
family residential uses which may be established in the future on APN 207-011-
005 and/or APN 207-011-006. Said easement rights shall be structured such that
they will not benefit either of the two adjoining properties until one or both of the
properties have secured planning entitlements for redevelopment with multiple
family residential uses and have been directed through project-specific conditions
of approval imposed by the Town to access said redevelopment through the
subject property's drive aisle and parking areas. The easement shall allow
construction of such access improvements across the subject property and allow
for the reconfiguration parking on the subject property and/or use of cross parking
agreements to replace any lost parking on the subject property that results from the
development of the access connection. The easement shall be subject to review
and approval by the City Attorney prior to recordation.
B. SITE PLANNING
* 1.
All lighting shall be installed in such a manner that lighting is generally down-
directed and glare is directed away from surrounding properties and rights-of-way.
The location of any pad mounted electrical transformers shall be subject to review
and approval by the Planning Division prior to the issuance of a building permit.
To the extent feasible, such transformers shall not be located between any street
and the front of a building.
Any on-site wells and septic systems shall be destroyed in accordance with Contra
Costa County Health Services Department - Environmental Health Division
regulations. Environmental Health Division permit and inspections for this work
shall be obtained.
..
A common recycling materials enclosure area shall be incorporated into the
project to serve the recycling needs of project residents. The enclosure gates shall
be self-closing and self-latching. Prior to issuance of building permits, the
applicant shall document that the enclosure is appropriately sized and located. The
enclosure shall be covered and bermed so as not to allow storm water run-off and
run-on from adjacent areas. Unless otherwise authorized by the Town, the
PAGE 6 OF RESOLUTION NO. 77-97
drainage of the enclosure area shall be connected to the sanitary sewer, not the
storm drain system. The exact location, design and construction materials shall be
subject to review and approval by the Town Council as part of the Final
Development Plan for the project.
Project garages shall be subject to further review and approval by the Planning
Division to assure they are appropriately sized and dimensioned to readily
accommodate storage of individual household waste containers, Project rules
placed within lease agreements (and, as may be appropriate, within project
CC&Rs) that speak to the placement of individual waste containers outside of the
garages for weekly pickup and address the allowable time frame for their
subsequent return to individual garages shall be subject to review and approval by
the Planning Division.
Recreation uses to be established for this project shall be expanded but otherwise
substantially as depicted on the 42-unit site plan which was proposed at the July
15, 1997 Town Council meeting. The landscape plan shall be modified to include
an enlarged tot-lot area near the project's north property line, where one six-unit
building was eliminated, and shall also include the following: 100+/- sfgazebo;
800 +/- sf sport court; 880 +/- sf sitting area at the redwood grove, and a mix of
interior turf areas totaling 1,500+/- sf.. The size, layout and construction materials
utilized for these facilities shall be subject to review and approval by the Town
Council as part of the Final Development Plan.
C. LANDSCAPING
Revised Preliminary Landscape Plans shall be submitted for review by the Town
Council as part of the Final Development Plan for the project. Final landscape and
irrigation plans (with planting shown at 1 "=20' scale) shall be submitted for review
and approval by the Planning Division. The plan shall include common names of
all plant materials and shall indicate the size that various plant materials will
achieve within a five year period of time.
* 2.
All plant material shall be served by an automatic underground irrigation system
and maintained in a healthy growing condition. Irrigation shall comply with Town
of Danville Landscape Ordinance #91-14 and landscape guidelines and shall be
designed to avoid runoff and overspray. Proposed common maintenance lawn
areas within the project shall not exceed a maximum of 25 percent of proposed
common landscaped areas.
* 3. All trees shall be a minimum of 15 gallon container size. All trees shall be
PAGE 7 OF RESOLUTION NO. 77-97
properly staked. All remaining shrubs used in the project, which are not used as
ground cover, shall be a minimum of five gallons in size.
All landscaped areas not covered by shrubs and trees shall be planted with live
ground cover. All proposed ground cover shall be placed so that they fill in within
two years.
Existing trees on the site shall be preserved to the extent practical. In addition to
several Walnut trees and Pine trees, this permit authorizes the removal of one Oak
tree and three Redwood trees, as indicated on the Existing Tree Preservation Plan
prepared for the project.
The tree preservation plan shall be updated to provide tree-specific preservation
measures for those existing trees to be retained within the project. The
recommendations of this supplemental report shall be incorporated into the final
design and construction of the project.
7.
For site construction activity which will occur in direct vicinity of the on-site and
oflZsite protected trees (see project tree survey), a security deposit in the amount
of $5, 000. O0 shall be posted with the Town in compliance with the Town ~ Tree
Protection Ordinance to assure the preservation of the trees. The security deposit
shall be returned upon verification of the health of the trees following two full
growing seasons after project completion.
Project interior fencing shall be installed by the developer and shall be of solid
wood design and shall utilize minimum 4"x 4" pressure treated Douglas Fir fence
posts and 2"x 8" (minimum width and height) kickboards, unless otherwise
approved by the Planning Division
This project shall be responsible for the replacement of existing perimeter fencing
between the site and the property on the north side of the site and between the site
and the two properties on the southwest side of the site. The fence on the north
property line shall be six foot high with a 1.5 foot high trellis top. All fencing
shall be constructed as required by the above condition.
10.
The project improvement plans shall reflect design changes to perimeter road
widening improvements that would allow the retention of the existing 27-inch
cedar tree at the western edge of the project and the 28-inch redwood tree at the
southeast comer of the project. An arborist report shall be prepared and submitted
that outlines efforts to be taken by the applicant to minimize the impact that site
construction activity will have on the trees.
PAGE 8 OF RESOLUTION NO. 77-97
11.
The applicant shall plant the western and northern edges of the project with fast
growing trees (minimum 15-gallon size), as generally shown on the previously
referenced landscape plans. The applicant shall prepare a pallet of acceptable tree
species. The exact type, number and location of tree plantings shall be selected
with input from the most directly affected, adjacent property owners on the north
and west sides of the site. Review and approval of the pallet of trees shall be
subject to review and approval by the Town Council as part of the Final
Development Plan
D. ARCHITECTURE
All ducts, meters, air conditioning and/or any other mechanical equipment whether
on the structure or on the ground shall be effectively screened from view with
landscaping or materials architecturally compatible with the main structures.
Proposed locations of air conditioning units or any other mechanical equipment
shall be included on the final architectural plans and shall be subject to review and
approval by the Planning Division and the Design Review Board.
The street numbers for each unit in each structure in the project shall be internally
illuminated and shall be located and operated so as to be easily seen by project
visitors and emergency response personnel at all times, day and night.
Samples of final materials and the proposed color pallet shall be submitted for
review and approval by the Design Review Board prior to the issuance of building
permits for the project.
All buildings within this project shall be designed to maximize their residential
appearance. The preliminary architecture plans shall be modified by lowering the
height of roof peaks. In addition, exterior window treatments throughout the
project should be varied to create additional interest. Final architectural
elevations, details and revisions shall be submitted for review and approval by the
Town Council as part of the Final Development Plan for the project.
If a project identification sign for the development is desired, the proposed sign
shall be submitted for review by the Town under a separate Sign Review
application.
The project covenants, conditions and restrictions (CC&Rs) shall provide a review
and approval process for any proposed repainting or reroofing of exteriors of the
units in this project.
PAGE 9 OF RESOLUTION NO. 77-97
Any future architectural modifications to the units requires separate review and
approval under a subsequent Final Development Plan application.
Colors and materials for the apartment/condominium buildings developed for this
project shall be as shown on the colors and materials board on file with the
Planning Division and presented at the public hearings for this project, unless
otherwise authorized by the Town Council.
Roof vents which are visible from the street elevation shall be minimized. All roof
vents shall be painted a color to blend with the roof and shall be painted with a flat
finish.
10.
The built-up stucco molding around unit windows shall be painted to match the
adjacent body color.
11.
In conjunction with the preparation of the final working drawings, efforts shall be
made to maximize the individual storage areas available to all units. Each unit
shall be supplied the following storage areas: entry closet storage area; closet
storage on the patio/balcony areas and overhead cabinet storage areas within
garages. The location, size and configuration of the storage areas shall be are
subject to review and approval by the Planning Division. Storage areas shall total
a minimum of 200 cubic feet for each unit and shall otherwise be as described
within Attachment G, number ten, of the July 15, 1997 Town Council
administrative staff report.
12.
Garage doors utilized in the project shall be of a roll-up door design and shall have
a top panel which includes a window treatment. The lease agreement for the
project (for that period the project is operated as a rental project) shall advise
tenants that the exterior inspection of the garages shall occur on a regular basis by
the rental property operator to assure all garages remain open and available for
their intended use (i.e., that they are available for vehicle parking by the unit
occupant and are not used for storage in a manner that would preclude placement
of a vehicle in each intended parking space). Project CC&Rs for the project (if a
final map is recorded for the project) shall include parallel provisions/regulations
to assure the garages are utilized for their intended purpose.
E. PARKING
All parking spaces shall be striped and fronted by concrete curbs. Sufficient areas
shall be provided beyond the ends of all parking spaces to accommodate the
overhang of automobiles. The width of these planted median areas shall be
PAGE 10 OF RESOLUTION NO. 77-97
o
maximized to the extent possible. Plant materials installed in the overhang areas
shall be appropriate to allow for the overhang without damaging the plant
materials.
Where authorized, compact car spaces shall be clearly designated with appropriate
pavement marking or signage. Compact spaces shall be no less than 8 feet by 16
feet in size, including allowable overhang.
Regulatory signage/curb painting for the non-parking side of the interior loop
roadway shall be provided, if deemed necessary by the Town (in advisement with
the San Ramon Valley Fire Protection District).
All common parking spaces shall be established, and maintained, with labeling
indicating "guest parking only." Residents of the project shall not be allowed to
park in the guest parking spaces. The project CC&Rs and/or rental agreements
shall include language which states this restriction. Language shall also include
a provision to enable the project's homeowners' association to assess a $25 daily
fine for violations of this restriction. A minimum of eighteen guest parking
spaces shall be established and maintained, subject to review and approval as part
of the final development plan for the project.,
GRADING
Any grading on adjacent properties will require prior written approval of those
property owners affected.
At least one week prior to commencement of grading, the applicant shall post the
site and mail to the owners of property within 300 feet of the exterior boundary of
the project site, to the homeowner associations of nearby residential projects and
to the Town of Danville Development Services Department, a notice that
construction work will commence. The notice shall include a list of contact
persons with name, title, phone number and area of responsibility. The person
responsible for maintaining the list shall be included. The list shall be kept current
at all times and shall consist of persons with authority to initiate corrective action
in their area of responsibility. The names of individuals responsible for dust, noise
and litter control shall be expressly identified in the notice. The proposed notice
list for all property owners within 300 feet shall be submitted for review and
approval by the Town Council as part of the Final Development Plan for the
project.
3. Development shall be completed in compliance with a detailed soils report and the
PAGE 11 OF RESOLUTION NO. 77-97
construction grading plans prepared for this project. The engineering
recommendations outlined in the project specific soils report shall be incorporated
into the design of this project. The report shall include specific recommendations
for foundation design of the proposed buildings and shall be subject to review and
approval by the Town's Engineering and Planning Divisions.
Where soils or geologic conditions encountered in grading operations are different
from that anticipated in the soil report, a revised soils report shall be submitted for
review and approval by the City Engineer. It shall be accompanied by an
engineering and geological opinion as to the safety of the site from settlement and
seismic activity.
All development shall take place in compliance with the Town's Erosion Control
Ordinance (Ord. 91-25). Restrictions include limiting construction primarily to
the dry months of the year (May through October) and, if construction does occur
during the rainy season, the developer shall submit an Erosion Control Plan to the
City Engineer for review and approval. This plan shall incorporate erosion control
devices such as, the use of sediment traps, silt fencing, pad berming and other
techniques to minimize erosion.
Development shall be consistent with modern design for resistance to lateral
forces. Development will be reviewed in accordance with the Uniform Building
Code and the Town of Danville Ordinances. Prior to the submittal to the Town
for plan check of the project construction drawings, the applicant's structural
engineer shall meet with the Town's plan check representative to discuss the
structural design parameters to be utilized for the first floor - garage elevations of
the units. Unless otherwise agreed upon as a result of this presubmittal meeting,
the project shall require the use of steel moment resistive frames for lateral
resistance. As such, the steel welded moment resistive frames shall be designed
and installed so as to be consistent with the California Building Standards
Commission Information Bulletin No. 94-02 and subsequent Interim Guidelines
Advisory No. 1 (prepared by FEMA through a joint partnership of the Structural
Engineers Association of California (SEAOC), Applied Technology Council
(ATC) and California Universities for Research in Earthquake Engineering
(CUREe)).
All cut and fill areas shall be appropriately designed to minimize the effects of
ground shaking and settlement.
Stockpiles of debris, soil, sand or other materials that can be blown by the wind
shall be covered.
PAGE 12 OF RESOLUTION NO. 77-97
If toxic or contaminated soil is encountered during construction, all construction
activity in that area shall cease until the appropriate action is determined and
implemented. The concentrations, extent of the contamination and mitigation
shall be determined by the Contra Costa County Health Department. Suitable
disposal and/or treatment of any contaminated soil shall meet all federal, state and
local regulations. If deemed appropriate by the Health Department, the applicant
shall make provisions for immediate containment of the materials. Runoff from
any contaminated soil shall not be allowed to enter any drainage facility, inlet or
creek.
10.
All grading activity shall address National Pollutant Discharge Elimination System
(NPDES) concerns. Specific measures to control sediment runoff, construction
pollution and other potential construction contamination shall be addressed
through the Erosion Control Plan (ECP) and Storm Water Pollution Prevention
Plan (SWPPP). A NPDES construction permit may be required, as determined by
the City Engineer.
11.
Finished floor elevations shall be no higher (as measured against finished grade
elevations of perimeter sidewalks) than necessary to provide positive site drainage
away from buildings.
12.
Final pad elevations for all buildings in the project shall be provide on the tentative
map for the project and shall be subject to review and approval by the Town
Council as part of the Final Development Plan for the project.
G. STREETS
* 1.
The applicant shall obtain an encroachment permit from the Engineering Division
prior to commencing any construction activities within any public right-of-way or
easement.
Street signing shall be installed by the applicant as may be required by the City
Engineer. Traffic signs and parking restriction signs which may be required to be
installed shall be subject to review and approval by the Transportation Division
and the Police Department.
* 3.
All mud or dirt carried off the construction site onto adjacent streets shall be swept
each day. Water flushing of site debris or sediment or concrete washing is
expressly prohibited.
* 4. Any damage to street improvements now existing or occurring during construction
PAGE 13 OF RESOLUTION NO. 77-97
on or adjacent to the subject property shall be repaired to the satisfaction of the
City Engineer, at full expense to the applicant. This shall include slurry seal,
overlay or street reconstruction if deemed warranted by the City Engineer.
All improvements within the public right-of-way, including curb, gutter,
sidewalks, driveways, paving and utilities, shall be constructed in accordance with
approved standards and/or plans and shall comply with the standard plans and
specifications of the Development Services Department and Chapters XII and
XXXI of the Town Municipal Code. At the time project improvement plans are
submitted, the applicant shall supply to the City Engineer an up-to-date title report
for the subject property.
Handicapped ramps shall be provided and located as required by the City
Engineer.
Public streets shall be improved to the standards in #G.5. above. Private streets
shall be improved to public street structural standards. Private street
improvements, and their dimensions, shall be as shown on the project plans
identified in #A. 1. above and shall conform to Standard Plan 104 a & b.
The developer shall be responsible for the installation of street improvements
along San Ramon Valley Blvd. and both sections of Podva Road. The
improvements required to be built include:
a. San Ramon Valley Blvd.
I. Widen the street paving to match the widening occurring on both
sides of this project.
ii. Install curb and gutter.
iii. Install sidewalk to match the existing abutting sidewalk.
iv. Install one new street light.
b. Podva Road (both sections)
I. Widen the street paving to match the existing improved street
section (40' curb to curb).
ii. Install curb and gutter.
iii. Install sidewalk. Curb, gutter and sidewalk shall extend along the
frontage (approximately 60 feet) of the property to the west of the
main project entry to connect with the existing sidewalk to the
west.
c. Modify the existing drainage facilities to conform to the new
improvements.
9. The developer shall be required to dedicate lot frontage to the Town of Danville
PAGE 14 OF RESOLUTION NO. 77-97
to accommodate the roadway improvements required by the above condition.
10.
The developer shall be responsible for the future under grounding of the existing
power poles along the east/west section of Podva Road along the frontage of this
property. The developer shall enter into a deferred improvement agreement to
guarantee this future obligation. The construction shall be upon demand of the
City Engineer at such time as other under grounding of overhead utility lines
occurs in the general area.
11.
The developer shall be responsible for the installation of a new three-way traffic
signal at the south intersection of Podva Road and San Ramon Valley Blvd.
Pursuant to Section 32-103.4 of the Danville Municipal Code (Residential
Transportation Improvement Program Fee - CrediO, the Residential
Transportation Improvement Program (RTIP) Jkes which are due from this project
are credited towards the cost of the installation of the traffic signal. The Town
will reimburse the developer the amount of the difference between the RTIP fees
which would have been collected for the project and the actual cost of the traffic
signal installation from existing Town RTIP fees and/or Measure C local street
improvement and maintenance funds. Prior to issuance of building permits, the
developer shall provide a guarantee for the construction of the signal. The form
of the guarantee shall be subject to review and approval by the City Engineer.
The signal shall be installed and operational prior to the framing inspection for
the 24th unit in the project.
12.
The access point into the project on the western stretch of Podva Road shall be
designed and operated as an emergency vehicle access (EVA). The westerly
access point into the project shown along the project's southerly Podva Road
frontage shall be designed and operated as an unlimited access. The easterly
access point into the project shown along the project's southerly Podva Road
frontage shall be designed and operated as a limited access point, limiting traffic
movements to right-turn-in-only movements.
H. INFRASTRUCTURE
* 1.
Domestic water supply shall be from an existing public water system. Water
supply service shall be from the East Bay Municipal Utility District (EBMUD)
water system in accordance with the requirements of EBMUD.
All wastewater shall be disposed into an existing sewer system. Sewer disposal
service shall be from the Central Contra Costa Sanitary District (CCCSD) sewer
system in accordance with the requirements of CCCSD.
PAGE 15 OF RESOLUTION NO. 77-97
Drainage facilities and easements shall be provided to the satisfaction of the City
Engineer and/or the Chief Engineer of the Contra Costa County Flood Control &
Water Conservation District (CCCFC & WCD).
All runoff from impervious surfaces shall be intercepted at the project boundary
and shall be collected and conducted via an approved drainage method through the
project to an approved storm drainage facility, as determined by the City Engineer.
Development which proposes to contribute additional water to existing drainage
system shall be required to complete a hydraulic study and make improvements to
the system as required to handle the expected ultimate peak water flow and to
stabilize erosive banks that could be impacted by additional storm water flow.
Roof drainage from structures shall be collected via a closed pipe and conveyed
to an approved storm drainage facility in the street curb. No concentrated drainage
shall be permitted to surface flow across private or public sidewalks or interior
roadways or parking areas.
Any portion of the drainage system that conveys runoff from public streets shall
be installed within a dedicated drainage easement, or public street.
Ifa storm drain must cross a lot, or be in an easement between lots, the easement
shall be equal to or at least double the depth of the storm drain.
The applicant shall furnish proof to the City Engineer of the acquisition of all
necessary rights of entry, permits and/or easements for the construction of off-site
temporary or permanent road and drainage improvements.
Electrical, gas, telephone, and Cable TV services, shall be provided underground
in accordance with the Town policies and existing ordinances. All utilities shall
be located and provided within public utility easements, sited to meet utility
company standards, or in public streets.
10. All new utilities required to serve the development shall be installed underground.
11.
All street, drainage or grading improvement plans shall be prepared by a licensed
civil engineer.
12.
If a common carwash area is created to serve the project, the waste water created
by washing cars shall be directed to the sewer collection system rather than the
storm water collection system, unless otherwise authorized by the SWPPP.
PAGE 16 OF RESOLUTION NO. 77-97
I. MISCELLANEOUS
* 1.
Conditions of this approval may require the applicant to install public
improvements on land neither the applicant, nor the Town, has easement rights
to allow for the installation of the improvements. The applicant shall be
responsible for acquisition of said easement rights through private negotiations.
If the applicant is unsuccessful in negotiations, the applicant shall apply to the
Town for use of eminent domain powers in accordance with Town Resolution No.
78-85. All easement rights shall be secured prior to Town Council final approval
of any subdivision map. All costs associated with such acquisition shall be borne
by the applicant.
Pursuant to Government Code section 66474.9, the applicant (including the
applicant or any agent thereof) shall defend, indemnify, and hold harmless the
Town of Danville and its agents, officers, and employees from any claim, action,
or proceeding against the Town or its agents, officers, or employees to attack, set
aside, void, or annul, the Town's approval concerning this Preliminary and Final
Development Plan application, which action is brought within the time period
provided for in Section 66499.37. The Town will promptly notify the applicant
of any such claim, action, or proceeding and cooperate fully in the defense.
In the case that the project is converted to individually owned condominium units,
a homeowners' association shall be formed for this development. The project
homeowners' association, through project-specific covenants, conditions and
restrictions (CC&Rs), shall be responsible for maintenance of all on-site roads,
pedestrian ways, common landscape areas, common fencing, the project recreation
areas, internal roads and parking areas, common drainage facilities and any project
installed off-site landscaping, and the maintenance and upkeep of the exterior of
all structures in the project. Draft project CC&Rs shall be submitted to the Town
of Danville for review and approval a minimum of 30 days prior to the individual
sale of any of the units.
* 4. Use of a private gated entrance is expressly prohibited.
The final location and design of the gang mailbox structures serving the project
shall be subject to review and approval by the Planning Division and the local
Postmaster. The structure shall be designed to be compatible with, or integrated
into, the architecture of the adjacent building.
A deed notification (or rental notification as appropriate) shall be recorded to run
with the title to all lots within this development advising occupants or future
PAGE 17 OF RESOLUTION NO. 77-97
owners of the possible occurrence of vibrations and high noise levels within these
units related to the site's proximity to Highway 680.
Prior to issuance of building permits for the construction of homes within this
project, the applicant shall submit to the Town an acoustical study, prepared by
a qualified acoustical engineer, which evaluates the current andprojected future
noise levels on the site and makes recommendations regarding methods of
construction necessary to mitigate identified noise impacts. The recommended
construction methods shall be incorporated into, and reflected on, the
construction plans submitted for building permit approval.
Six units in this project shall be made available to households with incomes not
exceeding the current "moderate" income limits, as established by the State
Department of Housing and Community Development (HCD) and the United
States Department of Housing and Community Development (HUD). For the
period that the project is operated as an apartment complex, rental prices for these
units shall not exceed the maximum price affordable to households earning 110%
of the medium income established for Contra Costa and Alameda Counties,
adjusted to reflect household size. The maximum rental price shall not exceed
30% of gross monthly household income after a utility allowance. If the project
is converted to a for-sale condominium project, the sales price of the units shall
not exceed the maximum price affordable to households earning 110% of the
median income established for Contra Costa and Alameda Counties (providing for
two-person households for the one-bedroom units and three-person households for
the two bedroom units). In the case of sales, the maximum sale price shall be
based on the following assumed variables: 8.0% interest rate; maximum monthly
assignment of housing costs of 33% of gross monthly household income; taxes at
1.25% of the purchase price of the home; homeowner's association dues of
$125.00/month; and 3 O-year fixed rate mortgage.
The initial maximum rental and sales prices of affordable units may be adjusted
based on annual upward adjustments to the area median income, as published by
HCD and HUD. In the case of sales of the affordable units, the sales price may
also be adjusted upwards to reflect any downward adjustment to the mortgage
interest rate at the time the final map is approved for the project.
The developer shall enter into a formal agreement with the Town which specifies
the maximum income of renters and buyers, regulates the terms of occupancy,
resale or any other restriction deemed necessary to assure the long term
affordability of the units to moderate income households. This agreement shall be
subject to approval by the Town Council prior to recordation of the initial Final
PAGE 18 OF RESOLUTION NO. 77-97
Map for the project or issuance of building permits, whichever occurs first.
If operated as a rental project, the project will be deemed an affordable by design
rental project in terms of the project's inclusionary housing requirement if the
initial schedule for market rental rates is such that all the units in the project will
be rented at rates that make them affordable to households earning 100% or less
of the published area median income. Status as an affordable by design rental
project shall be retained until such time that the schedule for market rental rates
for vacated units, if extrapolated forward to the entire project, would no longer
make all the units in the project affordable to households earning 110% or less of
the published area median income. If and when this situation occurs, the owner
of the rental project shall be obligated to initiate and conform to the provisions in
the project's affordable housing agreement as it pertains to restrictions on
maximum rental rates for 15% of the rental units, the restrictions on maximum
household income levels for the tenants in those units and associated
administrative and reporting requirements. In addition, the owner of the project
shall identify the affordable units in the project and document that the current
tenants (for occupied affordable units) or future tenants (for vacant affordable
units) for the affordable units match the household income qualifications called
for in the affordable housing agreement for the project.
APPROVED by the Danville Town Council at a Regular Meeting on August 5, 1997, by the
following vote:
AYES: Doyle, Waldo,
NOES: Shimansky
ABSTAINED: None
ABSENT: None
Arnerich,
Greenberg
APPROVED AS TO FORM:
....... ~ .........~ ~.-~
CITY ATTORNEY
CITY CLERK
pdcz68
PAGE 19 OF RESOLUTION NO. 77-97