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HomeMy WebLinkAbout077A-97RESOLUTION NO. 77A-97 APPROVING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND APPROVING FINAL DEVELOPMENT PLAN - MAJOR SUBDIVISION REQUEST SD 8014 ALLOWING A MAXIMUM 38-UNIT APARTMENT/CONDOMINIUM PROJECT ON A 2.33 +/- ACRE SITE 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 Final Development Plan - Major Subdivision application to allow a maximum 38-unit apartment development on a 2.33 +/- acre site; and WHEREAS, the Preliminary Development Plan - Rezoning request for the project allowing the development of a maximum of 38 units on the site was approved by the Town Council on August 5, 1997; and WHEREAS, the approval of the Preliminary Development Plan - Rezoning is contained within Town Council Ordinance No. 97-04, and conditions of approval related to the approved Preliminary Development Plan - Rezoning are contained within Town Council Resolution No. 77-97; and WHEREAS, the subject site is located at the northwest corner of San Ramon Valley Boulevard and Podva Road, and is identified as Assessor's Parcel Numbers 207-011-004 & 207-011-010; and WHEREAS, the Town of Danville P-l; Planned Unit Development District Ordinance requires approval of a Final Development Plan prior to development of the site; and WHEREAS, the Town of Danville Subdivision Ordinance requires approval of a Major Subdivision/Tentative Map application prior to recordation of a final map; 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, and July 15, 1997; and WHEREAS, on July 15, 1997, the Town Council approved the first reading by title only of the PAGE 1 OF RESOLUTION NO. 77A-97 Preliminary Development Plan - Rezoning request, allowing the development of a maximum 3 8-unit apartment development; and WHEREAS, on August 5, 1997, the Town Council approved the second reading by title only of the Preliminary Development Plan - Rezoning request and directed that the Final Development Plan - Major Subdivision plans be revised to be consistent with the conditions of approval of the Preliminary Development Plan - Rezoning approval; and WHEREAS, the Final Development Plan - Rezoning request was continue to the Town Council's September 16, 1997 meeting and subsequently continued to the Town Council's October 7, 1997 meeting; 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 Danville Town Council approves a Mitigated Negative Declaration of Environmental Significance and Final development Plan - Rezoning request SD 8014, subject to the conditions contained herein, and makes the following findings in support of this action: Final Development Plan - Major Subdivision 1. The proposed subdivision and planned unit development is in substantial conformance with the goals and policies of the General Plan. 2. The design of the proposed subdivision and development plan is in substantial conformance with the applicable zoning regulations. PAGE 2 OF RESOLUTION NO. 77A-97 The Final Development Plan- Major Subdivision is substantially in conformance with the conditions of approval of the previously approved Preliminary Development Plan - Rezoning for the site and is compatible with other use in the vicinity, both inside and outside the district. The design of the subdivision and development plan and the type of associated improvements will not likely cause serious public health problems because water and sanitary facilities services will be available to the new parcels. 5. The density of the subdivision and the development is physically suitable for the proposed density of development. The design of the proposed subdivision and improvements are not likely to cause substantial environmental damage or subsequently injure fish or wildlife or their habitat since this property is in an area where residential development has previously occurred. The design of the proposed subdivision and proposed improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. 8. The applicant intends to start construction within two and one-half years from the effective date of the zoning change and the plan approval. 9. The development will constitute a residential development of sustained desirability and stability, and will be in harmony with the character of the surrounding neighborhood and community. 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. PAGE 3 OF RESOLUTION NO. 77A-97 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 Final Development Plan - Major Subdivision request (SD 8014) allowing the development of a maximum of 38 apartment/condominium units. The development is also known as Podva Road Apartments/Condominiums and Greentree Manor. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein: Preliminary Landscape Plan and associated detail sheet, labeled "Greentree Manor," as prepared by Swanson & Swanson Landscape Architects, dated received by the Planning Division September 25, 1997. The landscape plan option associated with the building layout option which features the 14-unit building in the northeast corner of the site is approved under this permit. Preliminary Architectural Plans and Floor Plans labeled "Podva Road Apartments," consisting of five sheets, as prepared by Hollman Bologna & Associates, dated received by the Planning Division on September 25, 1997. "Amended North Property Line Landscape Plan," dated received by the Planning Division on September 25, 1997. "Storage Plan," as prepared by Hollman Bologna & Associates, consisting of one sheet, dated received by the Planning Division on September 25, 1997. Vesting Tentative Map labeled "Subdivision 8014," as prepared by DeBolt Civil Engineering, consisting of one sheet, dated received by the Planning Division on September 25, 1997. f. "Parking Plan," and associated parking assignment plan detail sheet, as prepared by PAGE 4 OF RESOLUTION NO. 77A-97 Swanson and Swanson Landscape architects, consisting of two sheets, dated received by the Planning Division on September 25, 1997. Draft lease agreement document, titled "Greentree Manor Apartments Danville, California House Rules and Regulations," consisting of two pages, dated received by the Planning Division on September 25, 1997. 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 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. PAGE 5 OF RESOLUTION NO. 77A-97 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. 1 l. 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 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. 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. PAGE 6 OF RESOLUTION NO. 77A-97 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 drainage of the enclosure area shall be connected to the sanitary sewer, not the storm drain system. The proposed masonry block walls for the enclosure shall be treated with an exterior plaster finish and shall be painted to match the colors of the apartment buildings in 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 as depicted on the above referenced landscape plans and detail sheet. On-site recreation facilities shall include a 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 +/- sfsitting area at the redwood grove, and a mix of interior turf areas totaling 3,800 +/- s.f.. Posts utilized for the construction of the gazebo shall be minimum 4" x 4" pressure treated douglas fir. C. LANDSCAPING Final landscape and irrigation plans (with planting shown at 1 "=20' scale) shall be submitted for review and approval by the Planning Division. The plan shall include common names of all plant materials and shall indicate the size that various plant materials will achieve within a five year period of time. All plant material shall be served by an automatic underground irrigation system and maintained in a healthy growing condition. Required tree plantings shall be maintained as approved and, if necessary (i.e., a required tree is dead or dying), replaced with similar tree species within a reasonable period of time. 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. PAGE 7 OF RESOLUTION NO. 77A-97 7. All trees shall be a minimum of l 5 gallon container size. All trees shall be properly staked. All remaining shrubs used in the project, which are not used as ground cover, shall be a minimum of five gallons in size. All landscaped areas not covered by shrubs and trees shall be planted with live ground cover. All proposed ground cover shall be placed so that they fill in within two years. This shall include the areas near the north property line which are outside of the enclosed patio areas and commonly maintained. 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 platt shall be updated to provide tree-~pecific 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. The tree preservation plan shall be submitted for review and approval by the Platming Division prior to issuance of demolition or grading permits for the project. For site construction activity which will occur in direct vicinity of the on-site and off-site protected trees (see project tree survey), a security deposit in the amount of $5,000. O0 shall be postedwith the Town in compliance with the Town's 7J"ee 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, 2"x 8" (minimum width and height) pressure treated kickboards (or bottom stringer if kickboards are not used), a minimum 2" x 4" cap board, and shall utilize redwood fence boards, 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 south 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. If all the adjacent Regency property owners along the project's north property line (or the project's homeowners' association if the association has control over the fence) agree to the removal of the existing shared fence, and grant the applicant a hold harmless agreement related to potential damage to any improvements and landscaping adjacent or connected to the existing fence, the applicant shall replace the existing fence with the new fence (i.e., the existing fence shall be removed). If all of the adjacent Regency property owners (or homeowners' association) do not agree to the removal of the existing shared fence, the new fence shall be constructed to run parallel to, and on the south side of, the PAGE 8 OF RESOLUTION NO. 77A-97 existing fence., The existing fence on a portion of the south property line (adjacent to the Ryan and Ferreira properties) shall be replaced with the new fence. Prior to removal of the existing fences, the applicant shall provide a minimum of 14-days prior notice to adjacent property owners or residents who share the common fence. These project fences shall be installed immediately upon the completion of site grading, to minimize dust and noise impacts on the adjacent properties. The new fences shall be jointly maintained by both adjoining property owners. 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 corner 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. 11. The applicant shall plant the western and northern edges of the project with fast growing trees (minimum 15-gallon size, except as noted below), as generally shown on the plan labeled "Attachment G - Amended North Property Line Landscape Plan,", dated October 2, 1997, distributed at the October 7, 1997 Town Council meeting, and on file with the Planning Division. All evergreen pear trees to be planted in this area shall be minimum 24" box size trees. The applicant shall make all attempts to select the most mature 24" box size trees available. 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. 12. The 3 foot earth berm and 30" high wrought iron fence approved for the south frontage of the project shall also be constructed along the San Ramon Valley Boulevard (east) frontage of the project. The exact location and design shall be subject to review and approval by the Planning Division as part of the Final Landscape Plans for the project. The design of the wrought iron fence shall be substantially as labeled "Regent #201," as presented at the October 7, 1997 Town Council hearing on the project and on file with the Planning Division. 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. 2. The street numbers for each unit in each structure in the project shall be internally illuminated PAGE 9 OF RESOLUTION NO. 77A-97 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, architectural details 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. 5. Project identification signage shall be as shown on the above referenced landscape plan and associated detail sheet. 10. 11. 12. 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. 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. 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. The built-up stucco molding around unit windows shall be painted to match the adjacent body color. 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 exact location, size and configuration of the storage areas shall be are subject to review and approval by the Planning Division prior to the issuance of building permits for the project. At a minimum, storage provided for each unit shall be dimensioned as listed in the storage area calculation summary table on the above referenced plans labeled "storage plan." Garage doors utilized in the project shall be of a roll-up door design and shall have two rows of windows, one row near the top of the garage door and one near the center of the garage PAGE 10 OF RESOLUTION NO. 77A-97 door. The lease agreement for the project (for that period the project is operated as a rental project) shall advise tenants that garages are subject to inspection after giving a 24-hour notice 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. 13. The office for the on-site manager shall be located within the manager's assigned unit, not within a converted garage space. Any modification to the garage space or architecture as approved shall require review and approval by the Planning Division. 14. All balconies within the project shall utilize solid wood siding materials (i.e,, there shall be no gaps in the balcony railing). 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 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 nineteen guest parking spaces shall be established and maintained. One of the two handicapped parking spaces shown on the project plans to be located across from building number 2, shall be moved to the east to be located in the group of parking stalls across from building number 4. The exact location and design shall be PAGE 11 OF RESOLUTION NO. 77A-97 subject to review and approval by the Planning Division prior to recordation of the final map. GRADING Any grading on adjacent properties will require prior written approval of those property owners affected. At least one week prior to commencement of grading, the applicant shall post the site and mail to the owners of property within 300 feet of the exterior boundary of the project site, to the homeowner associations of nearby residential projects and to the Town of Danville Development Services Department, a notice that construction work will commence. The notice shall include a list of contact persons with name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be kept current at all times and shall consist of persons with authority to initiate corrective action in their area of responsibility. The names of individuals responsible for dust, noise and litter control shall be expressly identified in the notice. Development shall be completed in compliance with a detailed soils report and the construction grading plans prepared for this project. The engineering recommendations outlined in the project specific soils report shall be incorporated into the design of this project. The report shall include specific recommendations for foundation design of the proposed buildings and shall be subject to review and approval by the Town's Engineering and Planning Divisions. Where soils or geologic conditions encountered in grading operations are different from that anticipated in the soil report, a revised soils report shall be submitted for review and approval by the City Engineer. It shall be accompanied by an engineering and geological opinion as to the safety of the site from settlement and seismic activity. All development shall take place in compliance with the Town Erosion Control Ordinance (Ord. 91-25). Restrictions include limiting construction primarily to the dry months of the year (May through October) and, if construction does occur during the rainy season, the 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 PAGE 12 OF RESOLUTION NO. 77A~97 10. 11. 12. 13. 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. 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. 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. 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. The finished floor elevations shall be substantially as depicted as pad elevations on the tentative map for the project. Verification that final pad elevations for all buildings in the project are consistent with the approved Final Development Plan - Major subdivision application shall occur at the time of review and approval of the project grading plan. Section II.7. of the draft lease agreement shall be modified to read "The primary purpose of the garage is for parking an active licenced vehicle and storage of garbage containers (see attached floor plan). The Tenant agrees that they will provide enough room to accommodate both these purposes prior to the storage of any other items. Finally, with 24- hour written notice from the apartment manager, Tenant is subject to inspection of the garage to verify compliance." PAGE 13 OF RESOLUTION NO. 77A-97 STREETS 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. 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. Any damage to street improvements now existing or occurring during construction on or adjacent to the subject property shall be repaired to the satisfaction of the City Engineer, at full expense to the applicant. This shall include slurry seal, overlay or street reconstruction if deemed warranted by the City Engineer. All improvements within the public right-of-way, including curb, gutter, sidewalks, driveways, paving and utilities, shall be constructed in accordance with approved standards and/or plans and shall comply with the standard plans and specifications of the Development Services Department and Chapters XII and XXXI of the Town 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. 6. 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. Widen the street paving to match the widening occurring on both sides of this ii. iii. iv. Podva i. project. Install curb and gutter. Install sidewalk to match the existing abutting sidewalk. Install one new street light. Road (both sections) Widen the street paving to match the existing improved street section (40' PAGE 14 OF RESOLUTION NO. 77A-97 10. 11. 12. 13. curb to curb). ii. Install curb and gutter. iii. Install sidewalk. Modify the existing drainage facilities to conform to the new improvements. The developer shall be required to dedicate lot frontage to the Town of Danville to accommodate the roadway improvements required by the above condition. 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. 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 7)'amportation Improvement Program Fee - CrediO, the Residential Transportation Improvement Program (RTIP) fees 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 wouM have been collected for the project and the actual cost of the traffic signal in~t' allation from existing 7bwn RTIP fees and/or Measure C local street intprovement 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. 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. The applicant shall contact the owner of APN: 207-011-006, located west of the project's main entry drive (i.e., the Ryan property), and request that the property owner dedicate fight-of-way to the consistent with the planned ultimate street right-of-way for the subject street. If the property owner dedicates the right-of-way, the applicant shall be responsible for the installation of a concrete curb, gutter, and additional pavement to widen the street as necessary. The new curb shall be located to extend around the existing 30 inch coast live oak tree (located just west of the project's main entrance), and other existing vegetation, along this parcel's frontage. Documentation that the applicant has contacted and worked with the adjacent property owner in an attempt to install these improvements shall be PAGE 15 OF RESOLUTION NO. 77A-97 submitted for review and approval by the Planning Division prior to approval of the project improvement plans. 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. 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. 6. Any portion of the drainage system that conveys runoff from public streets shall be installed within a dedicated drainage easement, or public street. 7. If a storm drain must cross a lot, or be in an easement between lots, the easement shall be equal to or at least double the depth of the storm drain. The applicant shall furnish proof to the City Engineer of the acquisition of all necessary rights of entry, permits and/or easements for the construction of off-site temporary or permanent road and drainage improvements. Electrical, gas, telephone, and Cable TV services, shall be provided underground in accordance with the Town policies and existing ordinances, All utilities shall be located and provided within public utility easements, sited to meet utility company standards, or in public PAGE 16 OF RESOLUTION NO. 77A-97 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. I. MISCELLANEOUS 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 fights through private negotiations. 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. The CC&Rs shall include all restrictions related to parking and storage specified within these conditions of approval to be included as part of the lease agreements for the units. 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. A note shall be placed on the final map for this project which specifies the requirement that the Town review and approve project CC&R prior to the sale of any of the units. 4. Use of a private gated entrance is expressly prohibited. 5. The final location and design of the gang mailbox structures serving the project shall be PAGE 17 OF RESOLUTION NO. 77A-97 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 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 and projected 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 eanfing 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 30oyear 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 PAGE 18 OF RESOLUTION NO. 77A-97 Council prior to recordation of the initial Final 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 at~brdable 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 October 7, 1997, by the following vote: AYES: Doyle, Waldo, NOES: Shimansky ABSTAINED: None ABSENT: None Arnerich, Greenberg ~. ~~ROVEO AS TO FO : CITY ATTORNEY ATTEST: CITY CLERK PAGE 19 OF RESOLUTION NO. 77A-97