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HomeMy WebLinkAbout164-97RESOLUTION NO. 164-97 ADOPTING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND APPROVING FINAL DEVELOPMENT PLAN - MAJOR SUBDIVISION REQUESTS DP 97-14 AND SD 8078 TO SUBDIVIDE THE SUBJECT PROPERTY INTO 16 SINGLE FAMILY RESIDENTIAL LOTS (MIXON SUBDIVISION -2576 CAMINO TASSAJARA -217-010-006, 007 & 027) WHEREAS, Braddock and Logan Group has requested approval of Preliminary Development Plan - Rezoning, Final Development Plan and Major Subdivision requests to rezone a 5.68+ acre site from A-2; General Agriculture District to P-l; Planned Unit Development District and to subdivide the property to create 16 single family residential lots; and WHEREAS, the subject site is 5.68+ acres in size and is located on the south side of Camino Tassajara, at 2576 Camino Tassajara, and is further identified as Assessor's Parcel Numbers 217- 010-006, 007 & 027; and WHEREAS, the Town of Danville P-l; Planned Unit Development District requires approval of a Preliminary Development Plan - Rezoning request prior to approval of a Final Development Plan and Major Subdivision requests; and WHEREAS, the Town's Subdivision Ordinance requires approval of a Ma. jor Subdivision - Tentative Subdivision Map request prior to recordation of a Final Map; and WHEREAS, a draft Mitigated Negative Declaration of Environmental Significance has been prepared for the project indicating that, as modified through project conditions of approval, no significant environmental impacts are expected to be associated with the project; and WHEREAS, the Planning Commission did review the project at a duly noticed public hearing on September 27, 1997; and WHEREAS, the Planning Commission's action on the item, as reflected in Planning Commission Resolution No. 96-12, was to recommend that the Town Council adopt Mitigated Negative Declaration of Environmental Significance and approve the project; and WHEREAS, the Town Council did review the project at a noticed public hearing on November 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 PAGE 1 OF RESOLUTION NO. 164-97 request; and WHEREAS, the Town Council did hear and consider all reports, recommendations, and testimony submitted in writing and presented at the hearing; now, therefore, be it RESOLVED that the Danville Town Council adopts the Mitigated Negative Declaration of Environmental Significance and approves the Preliminary Development Plan - Rezoning request PUD 97-04 per the conditions contained herein, and makes the following findings in support of this action: The proposed Rezoning will substantially comply with the Town's 2005 General Plan, and specific to the development criteria pertaining to the Tassajara Lane/Sherburne Hills Road Special Concern Area will serve as a catalyst for further development and achievement of the goals for bringing necessary improvements to the sub-area. The residential development authorized in the land use district is compatible with uses authorized in adjacent districts. Community need has been demonstrated for the use proposed and the off-site improvements which will be contributed by this development. There is no evidence before the Town that the proposed project will haw~ potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends. The proposed Planned Unit Development is in conformance with the Danville 2005 General Plan Goals and Policies and the Sycamore Valley Specific Plan. The Planned Unit Development will constitute a residential environment of sustained desirability and stability, and will be in harmony with the character of the surrounding existing neighborhood and the ultimate development planned for the subject area; and, be it further RESOLVED that the Danville Town Council makes the following findings in support of the Final Development Plan and Major Subdivision requests: The proposed subdivision is in substantial conformance with the goals and policies of the Danville 2005 General Plan. The design of the proposed subdivision is in substantial conformance with the applicable zoning regulations. PAGE 2 OF RESOLUTION NO. 164-97 The design of the subdivision and the type of associated improvements will not likely cause serious public health problems because water and sanitary facilities services will be available to parcels created by this subdivision. 4. The density of the subdivision is physically suitable for the subdivision site. The design of the subdivision and associated 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 subdivision and associated improvements will not conflict with easements, acquired by the public at large, for access through or use of} property within the proposed subdivision. The development will mitigate off-site traffic and drainage impacts through the assurance of off-site improvements in a manner acceptable to the Town. Project revisions and project conditions will serve to mitigate potential environmental impacts identified in the Mitigated Negative Declaration of Environmental Significance prepared for this project. CONDITIONS OF APPROVAL Conditions of approval with an asterisk ("*") in the left-hand column are standard project conditions of approval. Conditions of approval typed in italicized text are mitigation measures derived from the Mitigated Negative Declaration of Environmental Significance prepared for the project. Unless otherwise specified, the following conditions shall be complied with prior to the 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 * 1. This approval is for Preliminary Development Plan - Rezoning request (PUD 97- 04); a Final Development Plan request (DP 97-14) and a Major Subdivision request (SD 8078), which jointly serve to fezone the subject 5.68+ acre site from A-2; General Agricultural District to P-l; Planned Unit Development District and subdivide the property into 16 single family parcels. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein: PAGE 3 OF RESOLUTION NO. 164-97 Vesting Tentative Map - Preliminary & Final Development Plan, and Preliminary Landscape Plans consisting of five sheets, as prepared by dk Associates, and dated received by the Planning Division ()ctober 21, 1997. Preliminary Architectural Plans and Floor Plans, consisting of eight sheets, as prepared by William Hezmalhalalch Architects, Inc. and dated received by the Planning Division on October 21, 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 Sycamore Valley Benefit District Fees, Child Care Facilities fees, Contra Costa County iFlood Control & Water Conservation District fees (Drainage Areas and Mitigation), Plan Checking and Inspection fees. Prior to recordation of the initial Final Map and 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 and shall be made payable to Contra Costa County Clerk and submitted to the Town of Danville Planning Division. 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 0£7:30 a.m. to 5:30 p.m. (Mondays through Fridays), unless otherwise approved PAGE 4 OF RESOLUTION NO. 164-97 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 all, or part of, the site during construction of the proj ect~ The applicant shall require their contractors and subcontractors to fit all internal combustion engines with mufflers which are in good condition, and to locate stationary noise-generating equipment as far away from existing residences as feasible. A watering program which incorporates the use of a dust suppressant, and which complies with Regulation 2 of the Bay Area Air Quality Management District shall be established and implemented for all on and off-site construction activities. Equipment and human resources for watering all exposed or disturbed soil surfaces shall be supplied on weekends and holidays as well as work days. Dust- producing activities shall be discontinued during high wind periods. 10. If the applicant intends to construct the project in phases, then t]he first submittal for building permits shall be accompanied by an overall phasing plan. This plan shall address: off-site improvements to be installed in conjunction with each phase; erosion control for undeveloped portions of the site; timing of delivery of emergency vehicle access connections; and phasing of project grading. The phasing plan shall be subject to the review and approval of the City Engineer and Chief of Planning. * 11. At the time of submittal of the subdivision map and improvement plans for first plan checking, the applicant shall submit a written report on compliance with the conditions of approval of this project for the review and approval of the Director of Planning and the City Engineer. This report shall list each condition of approval followed by a description of what the applicant has provided as evidence of compliance with that condition. The report may be rejected by the Town if it is not comprehensive with respect to the applicable conditions of approval. 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. PAGE 5 OF RESOLUTION NO. 164-97 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. The individual air conditioning condensers serving each unit in this project shall be ground mounted, shall be located behind residential fencing and shall be situated so as to maintain a minimum five foot clear and level passage on side yards. Lot sizes and lotting pattern shall be substantially consistent with those shown on the Preliminary Development Plan - Rezoning referenced in condition of approval #A. 1.a above, except as may be modified in the following conditions. 5. Lots created by this development shall be developed in a manner consistent with the Town's R-10; Single Family Residential District standards and Ordinance No. 43-84, Single Family Residential Districts. 7. Each dwelling unit shall have a minimum of two vehicle parking spaces located in a garage and two additional on site spaces (each space to be a minimum size of 9' x 19') contained within a driveway. Units with second units shall have a minimum of three vehicle spaces located in a garage. Prior to submittal of project landscaping plans, the developer shall contact the property owners of the properties along the east side of the project regarding the possible repair, or replacement, of the existing fences and combination fence/retaining walls. The developer shall pursue the necessary agreements to allow the existing structures to be repaired, or replaced if deemed necessary, with the costs of such repair or replacement being the responsibility of the developer. In cases where the developer replaces the existing fence on the common property line, the neighboring property owner shall grant the applicant a hold harmless agreement related to potential damage to any improvements and landscaping adjacent or connected to the existing fence. The decision to provide repair or replacement fencing shall be made on a rear-lot-by-rear-lot basis for Lots 5 through 13 of this project. If concurrence by each affected adjoining property owner abutting the respective rear yards of these proposed nine lots cannot be PAGE 6 OF RESOLUTION NO. 164-97 secured, the developer, as a default obligation shall construct an eight foot wooden fence wholly located on that subject lot (six foot solid board fencing with a two foot lattice top treatment). The design and construction materials for replacement fencing or replacement fencing/retaining walls shall be subject to the review and approval of planning staff and shall be subject to review and comment by the abutting property owners. C. LANDSCAPING * 1. Final landscape and irrigation plans (with planting shown at 1 "=20' scale) shall be submitted for review and approval by the Design Review Board prior to issuance of building permits. The plan shall include common names of all plant materials and shall indicate the size that various plant materials will achieve within a five year period of time. All plant material shall be served by an automatic underground irrigation system and maintained in a healthy growing condition. Irrigation shall comply with Town of Danville Landscape Ordinance 391-14 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. All trees shall be a minimum of 15 gallon container size. All trees shall be properly staked. All remaining shrubs used in the project, whiclh are not used as ground cover, shall be a minimum of five gallons in size. All attempts shall be made to preserve trees identified within the HortScience Tree Report, "Tree Preservation (]uide[ines" section (Page 8 of the reporO. The tree preservation guidelines established in the tree survey/arborist report performed .for this site shall be incorporated into the detailed site development plans. 7he tree-specific preservation guidefines .for those existing protected trees to be retained within the project shall be incorporated into the final design and construction of the pr¢~ject. A certified arborist shall review the detailed site development plans prior to commencement of any construction activity. A written report from the arborist shall be prepared and submitted to the Town addressing the adequacy of the plans relative to the incorporation of identified tree-specific preservation guidefines. Removal of any trees within the creek area (beyond the pre-authorized removal of trees below the creek bank identified in the HortScience Report for removal) will be allou,ed only upon prior written approval from the Planning Division. PAGE 7 OF RESOLUTION NO. 164-97 As a guarantee of the preservation of the protected trees (~dentified in the HortScience Arborist ReporO. a cash deposit (or other security acceptable to the C'hief of Planning) shall be posted on a per tree basis' as required by the Town 5' Tree Protection Ordinance (Ord. No. 138). For trees' located within individual lots', the Town shall retain the deposit until Town sign-off of finished lot grading ,/br each individual lot in question is granted. For trees located in commonly owned areas, the Town shall retain the deposit for the period of two fidl growing seasons qfler site development activity and return it upon verification of the trees' continued good health. A minimum of two street trees per lot (three for corner lots) shall be incorporated into the final landscape and irrigation plan for the project. All street trees shall be a minimum 15 gallon size. The species of trees utilized shall be subject to review and approval by the Design Review Board. Final landscape plans shall include details and specifications of the architectural soundwall to be installed along the Camino Tassajara frontage compatible with the Camino Tassajara Streetscape Standards. Installation of the soundwall along the Camino Tassajara frontage shall be completed prior to occupancy of any units. Landscaping along Camino Tassajara shall conform to the Camino Tassajara Streetscape Standards, which require a six foot wide meandering concrete paved pathway. The design of the improvements shall be subject to review and approval of the City Engineer. 10. A mechanism acceptable to the Town shall be established to provide for the common maintenance of the open space/landscape area along Sycamore Creek. 11 The developer shall install front yard landscaping for each residential lot. The final landscape plan shall be submitted for review and approval by the Town's Design Review Board prior to issuance of building permits for the project. Home buyers shall have the option of upgrading the front yard landscaping to be installed by the developer. If a landscape scheme is not purchased and installed by the developer, street trees shall be installed by the developer as required. All front yard landscaping shall be installed within six months of completion of the unit or within six months of occupancy by the homeowner, whichever comes first. The Covenants Creeds & Restrictions (CC&Rs) for the project shall be modified to reflect this condition and shall be submitted for review and approval by the Town prior to issuance of building permits. PAGE 8 OF RESOLUTION NO. 164-97 12. Shrubs not used as ground cover shall be a minimum of 5 gallons is size. All landscaped areas not covered by shrubs and trees shall be planted with live ground cover. 13. The developer shall be responsible for the installation of a water meter to serve the landscape area along Camino Tassajara unless it is determined, to the Town's satisfaction, that existing irrigation lines can be extended to serve this area. 14. The removal of the 13 identified "protected" trees shall be replaced at a 3:1 ratio with minimum 15 gallon trees. The applicant shall develop a tree replacement program which shall include replacement trees that are native to the Danville area and listed as protected in the Town's Tree Preservation Ordinance. The tree replacement program is subject to Planning Division review and approval. It is the intent of the tree replacement program to plant approximately 50% of the replacement trees within the open space area (Parcel "A"). The remainder of the trees shall be planted elsewhere on the site, including the landscape area north of the project soundwall adjacent to Camino Tassajara. If it is determined that not all of the trees can be planted on-site, the tree replacement program may include planting off-site on publicly-owned properties (i.e., Town-owned public parks or street landscaping, East Bay Regional Park District lands, etc.) as may be determined acceptable by the Town. 15. As a means of preserving six of the "protected" oak trees located on the western border of the site at "A" Drive, the terminus of"A" Drive shall be "pulled" back approximately 25 feet. This will allow the existing line of oak trees located on the west border of the site to remain until the Tassajara Nursery site is developed. 16. The entry to the open space area adjacent to the creek (Parcel A) from "C Court" shall be widened to 50-75 feet along the curb radius with the intent to provide additional views of the creek area from within the subdivision. The precise dimension of the open space area opening along the end of"C" Court shall be determined in conjunction with the review of the project landscaping plans. The entry to the open space area shall be enhanced with landscaping to include native trees. A landscape plan, with fencing and vehicle barriers shall be submitted to the Design Review Board for review and approval prior to issuance of building permits. All landscaping within the open space area shall be irrigated, and shall be maintained by the project homeowner's association. Unless ol/herwise directed by the Town in conjunction with the Town's review of the project landscaping plans, the landscaping at the end of "C" Court may be irrigated through an arrangement of shared use of a water meter placed to serve the residence established on Lot 13 or 14. If deemed necessary by the Town, the arrangement PAGE 9 OF RESOLUTION NO. 164-97 D, for the shared use of the water meter shall be extended beyond the time the developer is involved with the project (i.e., assumes the project HOA will establish, and maintain, an arrangement with the affected property owner for shared use of the water meter). 17. The final project fencing plan shall be incorporated into the project landscape plans subject to the review and approval of Planning Division staff. ARCHITECTURE All ducts, meters, air conditioning and/or any other mechanical equipment whether on the structure or on the ground shall be effectively screened from view with landscaping or materials architecturally compatible with the main structures. The street numbers for each structure in the project shall be posted so as to be easily seen from the street at all times, day and night. Samples of final materials and the proposed color pallet shall be submitted for review and approval by the Design Review Board prior to the issuance of building permits for the project. -. Final architectural elevations, details and revisions shall be submitted for review and approval by the Design Review Board prior to issuance of grading and building permits for the project. Included in the final architectural elevations, the applicant shall provide additional plan details describing the dimensions of trim materials. Additional fenestration shall be added to the rear elevations of stucco residences to provide architectural relief. If signing for the development is desired, in addition to any signs approved as part of this application, a comprehensive sign program shall be submitted for review and approval as part of the project landscape plans to the Town for consideration under a separate application. The project CC&Rs shall provide a review and approval process for any proposed repainting or re-roofing of exteriors of the units in this project. No building or structure shall exceed two stories or 28 feet in height, measured from average finished grade to the ridge beam. However, uninhabitable minor architectural features such as dormers, towers and chimneys may be constructed as high as thirty five feet, measured from average grade. No major rooflines shall exceed 28 feet measured from average grade. PAGE 10 OF RESOLUTION NO. 164-97 Plan 1A second story windows shall be modified subject to Design Review Board review and approval prior to issuance of building permits. The intent of the window modifications is to provide an improved balance and proportion for the second story windows. Plan 2B. 1 chimney shall be modified subject to Design Review Board review and approval. Masonry elements shall wrap around from the front elevations to an architectural feature such as a chimney or side yard fencing. All architectural details shall be included on project plans subject to final review by the Design Review Board prior to issuance of building permits. All garage doors shall be sectional and any garage doors with windows shall be clear glass. E. CREEK IMPROVEMENTS The developer has completed a hydraulic study for the subject property titled, "Lands qf Mixon (?reek Study," and prepared by RAdR Design Group. At the request of the City Engineer and Contra Costa County Flood Control & Water Conservation District (CCCFC&WCD) staff, the applicant has also prepared supplemental analysis fi)r the hydraulic report. Based on the results of the hydraulic report, no creek modifications are necessary. The developer shall document that all issues relating to the creek meet the requirements of the fiood studies to the satisfaction of the City Engineer and the CCCFC&WCD prior to submittal of a Final Subdivision Map. The natural character of ,S);camore (?reek shall be preserved and enhanced for its habitat value and as a recreation and visual amenity. It is not envisioned that any modifications will be required to the project's ~$~camore Creek frontage. However, ~f the Town qf banville or CCCFC&WCD determines that it is necessary to improve ~$~ycamore Falley (;reek to handle the expected water vohtme for the ] 00 year flood, any required mod.ifications are subject to the requirements of the Town of Danville Development Services Department, CCCFC'&WCD, the State Department of Fish and Game, the Corps of Engineers, and the Regional Water Quality Control Board..4 II necessary permits shall be verified by written documentation prior to the recordation of the initial FinalMap for the project. Where drainage improvements are necessary along ,S~ycamore Creek, they shall be designed to enhance the natural appearance of the creek. No work within the bed or banks of the creek shall occur until a streambed alteration agreement is executed with the Department of Fish and Game, and necessary permits are secured from the Army Corps of Engineers and the Regional Water Ouali~ Control Board. Reqzdrementx by the Department of £ish PAGE 11 OF RESOLUTION NO. 164-97 o 7. and Game shah be noted or graphically depicted on the construction plans. If any creek modifications are required, prior to approval of final creek Improvement Plans or the Final Map, a re-vegetation planjbr the creek shah be submitted.fi)r review and approval by the Planning Division and the Project Landscape Architect, and documentation shall be provided that the plan has' been reviewed and approved by the Department of Fish and Game. ('Note: This review and approval process is not applicable ~f the work is limited to the installation of the new outfall structure.) The goal of the plan shall be to re-establish mature creek vegetation within a period (~three years. The re-vegetation plan shall be evahtated as part of the project Improvement Plans and a cash or other security acceptable to the Chief of Planning in the amount of one-ha.If the value of the re-vegetation shall be deposited with the Town guaranteeing at least a 50percent survival rate of the new vegetation. The deposit may be returned after the period of two years upon the verification of the health of the new vegetation. The Project Landscape Architect shall be on-site during the re-vegetation and the plans shall be subject to modification by the Town or the Project Landscape Architect as fieM conditions dictate. If determined necessary, a drip irrigation system shall be utilized until the vegetation is established. Timing of all creek improvements shall be subject to approval by the Town, CCCF&~CD, Department of Fish and Game, Regional Water Quality Control Board and the Project Arborist. In general, all improvements should be completed between April 15 and October 15. The creek channel, including setbacks as required, shall be offered for dedication in fee title to the CCCF&WCD. In the event that CCCF&I/VCb does not accept the creek channel.l~e title, they shall be granted an access and maintenance to a[[ of Parcel '91." ~S~ycamore Creek improvements and stnwture setbacks shah conform to recommendations of the CCCF&kV(.'D, Planning Commission, and any deviations therefore authorized by the City Engineer. 7'he Planning Division shall forward any proposed creek modifications to the Creeks Committee for review and comment. The applicant shah clean fi;reign materials from the creek and creek banks (Tincluding dead trees, concrete, debris, etc.) subject to the review and approval of the Development Services Department and other applicable pubtic agencies prior to issuance of the first occupancy permit for the project. PAGE 12 OF RESOLUTION NO. 164-97 F. PUBLIC TRAIL/CREEK MAINTENANCE ROAD A paved maintenance road/creek trail system shall be developed on the north side of the creek as a part of this project. The paved maintenance road/creek trail shall be a minimum often feet in width and constructed subject to the standards of the CCCFC&WCD. There shall be no through access for maintenance vehicles or public trail use to the existing asphalt maintenance road located on the north side of Sycamore Creek at the adjacent "Meadow Creek Subdivision (SD 6661), unless said access is subsequently authorized by actions of the Meadowcreek HOA and/or the Town of Danville. A barricade shall be located at the east end of the public trail located within the open space area adjacent to Sycamore Creek to discourage access to the privately owned and maintained creek side trail at Meadow Creek townhomes. The design of the fence/barricade is subject to review and approval by Planning staff prior to occupancy of the first dwelling unit within the subject project. G. GRAD1NG * 1. 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. PAGE 13 OF RESOLUTION NO. 164-97 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. All new development shall be consistent with modern design for resistance to seismic forces. All new development shall be in accordance with the Uniform Building Code and Town of Danville Ordinances. All cut and fill areas shall be appropriately designed to minimize the effects of ground shaking and settlement. Stockpiles of debris, soil, sand or other materials that can be blown by the wind shall be covered. An environmental site assessment of the subject property was completed by Engeo Incorporated and dated September 18, 1997. The subject report documents soil contamination.[hom underground. fi~el storage tanks and tramSormer casings. All underground storage tanks and tram2former casings shah be removed from the site, and contaminated soils shah be removed from the site consistent with all requirements of Contra Costa County Health Services Department (CCCH~D). Prior to initiation of the removal of contaminated soils, underground tan~· and tramy'brmer casings, the ENGEO report shah be submitted to CCCHSD for review and comment. Upon review of the fieM and laboratory test data by CCCHSD personnel, a work plan shah be prepared for the removal and remediation of contaminated soils. ~55dtable disposal and/or treatment of any contaminated soil shah meet all ~deral, state and local regulations. Prior to issuance of a grading permit for the property, the developer shall submit verification (to the City Engineer) ~om CCCH~S79 ver.i~ing that all contamination has been mitigated on the site prior to the issuance of a grading permit for subdivision related work. PAGE 14 OF RESOLUTION NO. 164-97 * 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. H. 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. 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 done during construction on or adjacent to the subject property shall be repaired to the satisfaction of the City Engineer, at full expense to the applicant. This shall include slurry seal, overlay or street reconstruction if deemed warranted by the City Engineer. All improvements within the public right-of-way, including curb, gutter, sidewalks, driveways, paving and utilities, shall be constructed in accordance with approved standards and/or plans and shall comply with the standard plans and specifications of the Development Services Department and Chapters XII and XXXI of the Town Code. At the time project improvement plans are submitted, the applicant shall supply to the City Engineer an up-to-date title report for the subject property. 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, ~hall be a~ ~hown on the project plan~ PAGE 15 OF RESOLUTION NO. 164-97 identified in #A. 1. above and shall conform to Standard Plan 104 a & b. The developer shall contribute funds necessary for the project's pro-rata share of the previously established "Sherburne Hills Benefit District," subject to the review and approval of the City Engineer and prior to approval of the Final Map. The developer shall design the ultimate improvements for the closure of "B" Court (including a pedestrian access to Camino Tassajara) as a part of the initial project improvement plans and landscape plans subject to the review and approval of Town of Danville Development Services Department staff. I. 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. EBMUD's initial comments on this project are summarized within their memorandum dated May 20, 1997. 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 CCCFC&WCD. All required improvements to area creeks for drainage purposes shall meet the requirements of existing Town of Danville, CCCFC&WCD, the Department of Fish & Game, the Department of U.S. Fish and Wildlife, Regional Water Quality Control Board and the United States Army Corps of Engineers codes and policies. All runoff from impervious surfaces shall be intercepted at the project boundary and shall be collected and conducted via an approved drainage method through the project to an approved storm drainage facility, as determined by the City Engineer. 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. 6. Roof drainage from structures shall be collected via a closed pipe and conveyed PAGE 16 OF RESOLUTION NO. 164-97 to an approved storm drainage facility in the street curb. No concentrated drainage shall be permitted to surface flow across sidewalks. Any portion of the drainage system that conveys runoff from public streets shall be installed within a dedicated drainage easement, or public street. Ira 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. 10. 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. 11 All new utilities required to serve the development shall be installed underground. 12. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. 13 This development shall be responsible to contribute a proportionate share of common-benefit improvements for the Sherburne Hills Road sub-area prior to final map approval (said improvements being those listed in the Town Council staff report prepared for November 5, 1997, for this item). Preliminary cost estimates indicate that this development is responsible for the: contribution of approximately $149,000 common-benefit improvements benefitting the Sherburne Hills Road sub-area (this being a contribution necessary above, and beyond, the developer's construction of portions of the identified common-benefit improvements). The final amount of fees to be allocated for common-benefit improvements shall be subject to the review and approval of the City Engineer and the Chief of Planning. Formation of a Fee Benefit District, or any other form of a reimbursement agreement for the common-benefit improvements, requires approval by the Town Council. The developer is obligated to cooperate with the formation of such a district. 14. When adjacent properties to the west develop, future access to the subject subdivision shall be provided via Sherburne Hills Road. When such access is provided via Sherburne Hills Road, the temporary access to Camino Tassajara PAGE 17 OF RESOLUTION NO. 164-97 shall be eliminated. The developer shall provide a cash deposit of 125% of the City Engineer's estimated cost of removal of the temporary access to Camino Tassajara, installation of a soundwall and associated landscaping, curb, gutter and sidewalk (as a public project). The cash deposit shall be retained by the Town and shall be allocated towards the completion of the work described above. 15. A stop sign shall be installed at the intersection of Camino Tassajara and the temporary access ("B" Court). A "Right Turn Only" sign shall be installed in the Camino Tassajara landscape median opposite the temporary entrance to the subdivision subject to the review and approval of the City Engineer. 16. The developer shall mitigate the impact of additional stormwater runoff from this development on the San Ramon Creek watershed by either of the following methods: Removing 1 cubic yard of channel excavation material from the inadequate portion of San Ramon Creek near Chaney Road for each 50 square feet of new impervious surface area created by the development. All excavated material shall be disposed of off-site by the developer at his cost. The site selection, land rights, and construction staking will be determined by the CCCFC&WCD. OR, AT THE OPTION OF THE DEVELOPER, Contribute to the County Deficiency Development Fee Trust (Fund No. 812100-0800) a drainage fee of $0.10 per square foot of new impervious surface area created by the development. Within 12 months of receipt of the contribution, the CCCFC&WCD will use the monies to implement the subject improvements. The added impervious surface area created by the development will be based on the CCCFC&WCD standard impervious surface area ordinance. 17. Abutter's rights of access along the project's Camino Tassaj ara frontage, except for the approved temporary access, shall be relinquished to the Town. The relinquishment shall include the right of way returns of the intersection areas. 18.¸ The developer shall be responsible for the installation of street light standards and luminaries with the design, spacing height, lighting intensity and locations subject to approval by the City Engineer. Low height light standards tnay be utilized if deemed acceptable by the City Engineer and the Chief of Planning. PAGE 18 OF RESOLUTI[ON NO. 164-97 19. All structures shall be removed from the site prior to recordation of the initial Final Map. 20. The drainage swale located within the 15 foot wide drainage easement on the western portion of the subdivision site shall be exclusively maintained by the homeowner's association. Project CC&R's shall address the long-term maintenance of the drainage swale subject to the review and approval of the City Attorney and the City Engineer. If determined acceptable by the Town, an alternative approach utilizing private drainage easements may be utilized. J. MISCELLANEOUS * 1. The project shall be constructed as approved. Minor modifications in the design, but not the use, may be approved by staff. Any other change will require Planning Commission approval through the Development Plan review process. 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 Development Plan - Rezoning and Final Development Plan - Major Subdivision application, which action is brought within the time period provided for in Section 66499.37. The Town will promptly notify the applicant of any such claim, action, or proceeding and cooperate fully in the defense. The project homeowners' association, through project-specific covenants, conditions and restrictions (CC&Rs), shall be responsible for maintenance of the temporary treatment at the west edge of "A" Drive (betweent Lots 1 and 16) inclusive ofbollards and fencing, common area fencing within Parcel A adjacent to Lots 13 and 14; bollards, fencing and landscape treatment at the open space interface of "C" Court; maintenance of the creekside open sparre area to include the creekside trail/CCCFC&WCD maintenance roadway and any common amenities placed in the creekside area to benefit project residents; and potentially the common drainage facilities located on the west side of Lots 1, 3, 4, 14 and 16 (see Condition of Approval 1.20). Draft project CC&Rs shall be submitted to the Town of Danville for review and approval a minimum of 30 days prior to recordation of the final map. The CC&Rs shall also reference the measures to assure protection of on-site trees to be preserved (see Condition #C.4). The Town shall be made a third party beneficiary as to the sections of the CC&R's which addre~ any applicable conditions included in the project conditions of approval. PAGE 19 OF RESOLUTI[ON NO. 164-97 -. o 10. All improvements and landscaping within public right of ways maintained by the Town of Danville shall be incorporated into Zone B of the Landscaping and Lighting District and shall be designed and constructed to the Town of Danville standards and shall be subject to review and approval by the Parks Maintenance Division. Maintenance of the exterior side (i.e., the Camino Tassajara side) of the sound wall, and the wafts integrity, shall be a LLAD responsibility. Maintenance of the interior of the sound wall shall be the responsibility of the future owners, respectively, of Lots 4 and 5. The developer of the project shall provide deed notification to all purchasers that a public Open Space/Trail will be established in the project. The project CC&Rs developed for the project shall also provide notification to future residents of this situation. At the time of recordation of the initial Final Map for the project, the project developer shali pay to the Town c~Danville, the Sycamore Valley Benefit District ,fee° Use of a private gated entrance for any portion of the prQject is expressly prohibited. The location, design and number of gang mail box structures serving the project shall be subject to review and approval by the Design Review Board and the local Postmaster. All existing wells and septic tanks and leach fields located on the property shall be removed per the requirements of the Contra Costa County Health Services Department. The future property owners of the subject subdivision shall receive a disclosure indicating the ultimate closure of the temporary access road at Camino Tassajara, the conditions whereby this subdivision will be provided access to Sherburne Hills Road when properties to the west develop. As obligated by the Towifs Inclusionary Housing Ordinance requirements, this 16 lot subdivision shall provide a minimum of one unit which shall be made available to a "moderate" income household, as defined by the State Department of Housing and Community Development (HCD) and the United States Department of Housing and Urban Development (HUD). This unit may be provided as a detached unit on one of the 16 lots created by this subdivision, or may be provided as one of two units in a duet unit, established on a reconfigured lot (the total number of units shall remain to be 16 and in no case shall there be more than 16 residential lots). PAGE 20 OF RESOLUTION NO. 164-97 The sale price of this unit shall not exceed the maximum price affordable to a four-person household, earning a maximum of 110% of the median income established for Contra Costa and Alameda Counties. The maximum sales price shall be based on the following assumed variables: 7.375% interest rate; maximum monthly assignment of housing costs of 35% of gross monthly income; taxes at 1.25% of the purchase price of the home; homeowner's association dues of $125.00 per month; and a 30-year fixed rate mortgage. The maximum allowable percentage of down payment allowed is 15 percent unless otherwise authorized by the Town. The maximum sales price shall be tiered to the down payment made by the qualifying purchaser (based on a 4-person household in Danville at the time of this project approval), as follows: Percent Down Payment Maximum Allowable Sale Price 5% down payment: $237,150 10% down payment: $248,475 15% down payment: $260,900 Consistent with the staff-proposed amendment to the Inclusionary Housing Ordinance (detailed in the Planning Commission staff report dated September 9, 1997), the applicant may also request Town Council authorization to comply with the project's inclusionary housing requirements by establishing for-rent below market rate (BMR) second units in four of the 16 residences within the project. If, in conjunction with its review of the project's Affordable Housing Agreement, the Town Council determines that this alternate means of meeting the project's inclusionary housing requirements is acceptable, the developer shall establish the for-rent BMR second units and comply with all other applicable aspects of the amended portion of the Inclusionary Housing Ordinance. If this alternate approach is utilized, the proposed project architecture (see Attachment M of the report prepared for the November 5, 1997 Town Council meeting), which includes the proposed for-rent BMR second unit within the design for "Plan 2" (a two story 3,335_+ square foot residence with a three car garage and a 561+ square foot second unit), shall be modified as necessary to ensure that the units remain affordable and available to the lower income market segment. The proposed second unit floor plan shall be revised to include bathroom layout modifieationg to phygieally digcourage any poggible future attempt PAGE 21 OF RESOLUTION NO. 164-97 to directly incorporate the second unit into the primary unit as additional living space for the primary residence (i.e., the design shall be modified to be substantially consistent with Attachment I of the report prepared for the November 5, 1997 Town Council meeting). Any modifications to the project to create an affordable unit or duet units shall be reviewed and approved by the Town Council in conjunction with the approval of the project's Affordable Housing Agreement, with such review occurring prior to approval of the Final Map for the project. Such modifications to fhe project to provide a moderate income unit or duet units does not require review and approval by the Planning Commission. The architecture of any moderate income or duet units shall required review and approval by the Design Review Board prior to review by the Town Council. 11. Use of a private gated entrance is expressly prohibited. 12. The location, design and number of gang mailbox structures serving the project shall be subject to review and approval by the Design Review Board and the local Postmaster. 13. The proposed project shall conform to the Town's Stormwater Management and Discharge Control Ordinance (Ord. No. 94-19) and all applicable construction and post-construction Best Management Practices (BMPs) for the site. For example, construction BMPs may include, but are not limited to: the storage and handling of construction materials, street cleaning, proper disposal of wastes and debris, painting, concrete operations, dewatering operations, pavement operations, vehicle/equipment cleaning, maintenance and fueling and stabilization of construction entrances. Training of contractors on BMPs for construction activities is a requirement of this permit. At the discretion of the City Engineer, a Storm Water Pollution Prevention Plan (SWPPP) may be required for projects under five acres. 14. A Notice of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) shall be filed with the Regional Water Quality Control Board and a copy given to the City Engineer prior to commencement of any construction activity. A SWPPP shall be prepared as part of the preparation of project improvement plans. The SWPPP shall supplement the erosion control plan prepared for the project, if one is required. These documents shall also be kept on-site while the project is under construction. PAGE 22 OF RESOLUTION NO. 164-97 APPROVED by the Danville Town Council at a Regular Meeting on November 5, 1997, by the following vote: AYES: Doyle, Waldo, NOES: None ABSTAINED: None ABSENT: None Arnerich, Greenberg, Shimansky MAYOR APPROVED AS TO FORM: CITY ATTORNEY ATTEST: CITY CLERK f:\plmming\parsons\adpz47 PAGE 23 OF RESOLUTION NO. 164-97