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HomeMy WebLinkAbout174-98RESOLUTION NO. 174-98 APPROVING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE, GENERAL PLAN AMENDMENT GPA 98-04, AND FINAL DEVELOPMENT PLAN - MAJOR SUBDIVISION REQUEST SD 8204, ALLOWING A 39-LOT RESIDENTIAL SUBDIVISION ON A 3.31 +/- ACRE SITE LOCATED AT 452, 456, 464, AND 472 LA GONDA WAY WHEREAS, Trumark Companies (Applicant) E1 Cerro Dental Group, Hanson, Kitajima, Baylies (Owners) have requested approval of a General Plan Amendment GPA 98-04, Preliminary Development Plan - Rezoning request PUD 98-05 and a Final Development Plan - Major Subdivision request SD 8204 to fezone a 3.31 +/- acre property from P-l; Planned Unit Development District to P-1; Planned Unit Development District and to allow a 39-1ot residential subdivision; and WHEREAS, the subject site is located near the southeast corner of the La Gonda Way and E1 Cerro Boulevard intersection, at 452, 456, 464, and 472 La Gonda Way and is further identified as Assessor's Parcel Numbers 200-161-007 & -008, and 200-151-003 & -004; and WHEREAS, the Town of Danville Municipal Code requires approval of a General Plan Amendment request prior to approval of a change in the land use designation of property; and WHEREAS, the Town of Danville P-1; Planned Unit Development Ordinance requires approval of a Preliminary Development Plan - Rezoning request prior to approval of a Final Development Plan - Major Subdivision request; and WHEREAS, there has been a review of consistency with the policies and programs of the Growth Management Element, and the Level of Service and performance standards contained within this Element; and WHEREAS, a Mitigated Negative Declaration of Environmental Significance has been prepared for the project indicating that mitigation measures and/or modifications to the proposed project have been required which would mitigate potential impacts to a less than significant level; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on October 13, 1998 and recommended that the Town Council approve the request; and WHEREAS, the Town Council did review the project at a noticed public hearing on November 17, 1998; and WHEREAS, the public notice of this action was given in all respects as required by law; and WHEREAS, a staff report was submitted recommending that the Town Council approve the request; and WHEREAS, the Town Council did hear and consider all reports, recommendations, and testimony submitted in writing and presented at the hearing; now, therefore, be it RESOLVED, that the Danville Town Council approves the General Plan Amendment GPA 98- 04 and makes the following findings in support of this action: The General Plan Amendment is consistent with the Goals and Policies of the General Plan. The General Plan Amendment will not adversely affect the preservation of present aesthetics and other community qualities. The General Plan Amendment will not adversely affect the Town's ability to maintain high-quality public facilities and services. The General Plan Amendment will not adversely affect the quality of life within existing developed areas of the community. The General Plan Amendment will not adversely affect the harmony between Danville's development and its physical setting. The General Plan Amendment will not adversely affect the traffic Level of Service standards and performance standards for fire, police, parks, sanitary facilities, water and flood control (as established by the policies and programs of the Growth Management Element); and, be it further RESOLVED, that the Danville Town Council grants a Mitigated Negative Declaration of Environmental Significance and approves Preliminary Development Plan - Rezoning request PUD 98-05 per the conditions contained herein, and makes the following findings in support of this action: The proposed rezoning will substantially comply with the Town of Danville's 2005 General Plan. The uses authorized or proposed in the land use district are compatible within the district and to uses authorized in adjacent districts. Community need has been demonstrated for the use proposed. PAGE 2 OF RESOLUTION NO. 174-98 , Based on the completion of the Initial Study of Environmental Significance and comments received, there is no substantial evidence before the Town that the project will have a significant effect on the environment; and, be it further RESOLVED, tl~at the Danville Town Council approves the Final Development Plan - Major Subdivision request SD 8204 per the conditions contained herein; and makes the following findings in support of this action: The proposed subdivision is in substantial conformance with the goals and policies of the General Plan. The design of the proposed subdivision is in substantial conformance with the applicable zoning regulations. The design of the subdivision and the type of associated improvements will not likely cause serious public health problems because water and sanitary facility services will be available to the 39 new lots. The density of the subdivision is physically suitable for the proposed density of development The design of the proposed subdivision and improvements are not likely to cause substantial environmental damage or subsequently injure fish or wildlife or their habitat since this property is in an area where residential development has previously occurred. The design of the proposed subdivision and proposed improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. CONDITIONS OF APPROVAL Conditions of approval with an asterisk C*") in the left-hand column are standard project conditions of approval. 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 a General Plan Amendment (GPA 98-04), Preliminary Development Plan - Rezoning (PUD 98-05) and Final Development Plan - Major PAGE 3 OF RESOLUTION NO. 174-98 Subdivision (SD 8204) changing the General Plan land use designation of a 3.31 +/-. acre site from Commercial - Limited Office to Residential - Multiple Family - Medium Det~sity (13-21 units per acre), rezoning the site from P-l; Planned Unit Development District to a new P-l; Planned Unit Development District, and to subdivide the site to allow a 39-unit townhome development. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; a, Preliminary Development Plan, Site Plan Elevations, Preliminary Landscape Plans, Grading and Drainage Plan, and Vesting Tentative Map, consisting often sheets, as prepared by Dah]lin Group and Vander Toolen Associates, and dated received by the Planning Division on September 23, 1998. 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 Transportation Improvement Program (TIP), Traffic Mitigation Fee (share of cost for the signal at the La Gonda Way/E1 Cerro Boulevard intersection), Park Land In-lieu and Child Care Facilities, Flood Control & Water Conservation District (Drainage Areas and Mitigation), Plan Checking, Inspection, Benefit Districts and Density Increase fees. , Prior to the issuance of a grading or building permit, whichever occurs first, the applicant shall reimburse the Town for notifying surrounding neighboring residents of the public hearing. The fee shall be $ 561 ( 4 mailings X 187 notices X $0.75 per notice). Prior to the issuance of grading or building permits, the applicant shall submit written documentation that all requirements of the San Ramon Valley Fire Protection District (SRVFPD), the San Ramon Valley Unified School District have been and the Contra Costa County Health Services Department, or will be, met to the satisfaction of these respective agencies. The SRVFPD's initial comments on this project are summarized in part in their memorandum dated June 17, 1998. The SRVUSD's initial comments on this project are summarized in part in their mernorandum dated June 27, 1998. The Health Department's initial comments on this project are summarized in part in their memorandum dated June 9, 1998. PAGE 4 OF RESOLUTION NO. 174-98 , 10. 11. 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 sub surface 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 B~tilding Official for building construction activity. The applicant shall provide security fencing, to the satisfaction of the City Engineer and/or the Chief Building Official, around the site during construction of the project. The applicant shall require their contractors and subcontractors to fit all internal combustion engines with mufflers which are in good condition, and to locate stationary noise-generating equipment as far away from existing residences as feasible~ A watering program which incorporates the use of a dust suppressant, and which complies with Regulation 2 of the Bay Area Air Quality Management District shall be established and implemented for all on and off-site construction activities. Equipment and human resources for watering all exposed or disturbed soil surfaces shall[ be supplied on weekends and holidays as well as work days. Dust- producing activities shall be discontinued during high wind periods. 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 PAGE 5 OF RESOLUTION NO. 174-98 12. 13. 14. 15. 16. from remaining additional construction activity. A temporary vehicular tumaround shall be provided at the end of the completed section of loop roadway to allow separation of resident traffic and construction traffic~ During the map and/or plan checking process, and prior to submittal of the Subdivision Map for Town Council approval, 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 must be signed by the applicant. The report may be rejected by the Town if it is not comprehensive with respect to the applicable conditions of approval. Prior to approval of a Building Permit, all projects must conform to the applicable Uniform Building Codes and the California building codes. Prior to approval of a FinaI Map fi~r the development, the applicant shall secure all necessary permits from the State Department of Fish and Game, and the Regional Water Quahty Control Board regarding the proposed undergrounding of the existing drainage channel Prior to the issuance of a building permit, the project shall contribute $376.00 per dwelling unit for the installation of a traffic signal at the La Gonda Way/E1 Cerro Boulevard intersection. For all new lots created by this subdivision, the following statement shall be recorded to run with the deed of the property acknowledging the existing commercial/office and school facilities in the area, and the rights of surrounding property owners to continue existing and/or future legally established uses: IMPORTANT: BUYER NOTIFICATION 17. This property is located adjacent to existing offices, a church, and private school facilities. Any inconvenience or discomfort from properly conducted ~}ffice, church, and/or school operations, including noise, dust, traffic generated as a result of church services, and traffic generated during school drop-off and pick-up times, and will not be deemed a nuisance. The two and one-half story units (Plan 1 A) are not permitted along La Gonda Way (Lots 1-4) or along the eastern property boundary (with the exception of Lot 26 which backs onto property zoned for office development). In addition, these units are not permitted to be located across from each other (e.g., either Lot 11 or 12 PAGE 6 OF RESOLUTION NO. 174-98 may be a Plan 1A, but not both). The total number of Plan 1A units permitted on the project site is eleven. The lot numbers discussed in this condition of approval references the Vesting Tentative map prepared by DeBolt Civil Engineering on May 11, 1998. Prior to the issuance of a building permit, the applicant shall submit a revised site plan which reflects the limitation described in this condition of approval. B. SITE PLANNING All lighting on the project site shall be installed in such a manner that lighting is generally down-directed and glare is directed away j?om surrounding properties and rights-o.~way. The final lighting plan shall be subject to review and approval by the Design Review Board prior to the issuance of a Building Permit. 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. 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 comnaon names of all plant materials and shall indicate the size that various plant materials will achieve within a five-year period of time. All plant material shall be served by an automatic underground irrigation system and maintained in a healthy growing condition. Irrigation shall comply with Town of Danville Landscape Ordinance ~91-14 and 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 c, ommon landscaped areas· All trees shall be a minimum of 15 gallon container size and shall be planted as shown on the Landscape Plan contained within Attachment I of the staff report for this project. 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 landsoaped 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 PAGE 7 OF RESOLUTION NO. 174-98 two years. Five existing Oak trees on the project site, and identified on the Landscape Plan shall be preserved. All other trees are permitted to be removed. A Tree Protection and Replacement Program shah be implemented to include, but not be limited to the following components': a, The location and extent of the dripline of the trees identified for retention shall be fenced. This fencing requirement shall be shown on all construction, grading, and drainage plans prior to the issuance of a building permit. No equipment storage or staging areas' shall be allowed within the dripline of any tree, identified to be saved, on the project site. This requirement shall be noted on all constntction, grading, and drainage plans prior to the issuance of a building permit. Drainage plans shah be designed so that aH oak tree trunk areas are properly drained to avoid ponding. These ~nal plans shah be subject to review and approval by the Planning and Engineering Divisions. d. No artificial surface, pervious or impervious, shah be placed or constructed within six feet of the dripline of any Oak tree identified to be saved. No permanent irrigation shall occur within the dripline of any Oak tree identified to be saved. f. Town-protected Oak trees (greater than 10 inches in diameter measured at three feet above ground) identified for removal shall be replaced on a 1:1 ratio, and planted on the project site. Prior to the issuance of a Building Permit, the Final Landscape Plan shall reflect this requirement. 7he tree preservation guidelines established in the tree survey/arborist report performed for this' site, prepared by HortScience and dated June 1998, shall be incorporated into the detailed site development plans. If site construction activity occurs in direct vicinity of the on-site and off-site protected trees (see project tree survey), a security deposit in the amount of $5,000.00 shall be posted with the Town in compliance with the Town's Tree Protection Ordinance to assure the preservation of the trees. The security deposit PAGE 8 OF RESOLUTION NO. 174-98 slqtall be returned upon verification of the health of the trees following two full growing seasons after project completion. The project developers shall install all front yard landscaping as well as the landscaping in the common areas. The project CC&R's shall assign the responsibility of landscape maintenance of the front yard and common areas to the homeowners' association. 10. The project developers shall install one 24-inch box tree, of a species to be determined by the landscape architect, in each of t]he rear yards of Lots 21 - 29, with the exception of Lot 24 which has an existing Oak tree which is designated to be preserved. 11. The project CC&R's shall define design and development guidelines for rear yard landscaping, hardscaping, and accessory structures. This section of the CC&R's shall dictate the maximum coverage of the rear yard by impervious surfaces, hardscape, trellis elements, etc. It shall also address special setback standards for accessory structures. These design and development guidelines shall be submitted to the Town for review and approval prior to the issuance of a building permit. 12. The applicant shall make a diligent effort to mitigate visual impacts to the adjoining eastern residences by offering to provide visual buffering in the form of off-site landscaping. Prior to the issuance of a building permit, the applicant shall submit a revised landscape plan which delineates the landscaping that would be planted as a result of these private agreements pertaining to visual buffering. D. ARCHITECTURE * 1. 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. All trash and refuse shall be contained within enclosures architecturally compatible with the project architecture. Enclosure design shall include six foot high masonry walls on three sides with steel framed gates and wood bolted to the gates. Gates will be self-closing and self-latching. Prior to issuance of a building permit, the applicant shall document that all trash/recycling areas are appropriately sized and located. The trash and recycling area(s) shall be covered and bermed so as not to allow storm water run-off and run-on from adjacent areas. The area drains for the trash and recycling area(s) shall be connected to the sanitary sewer, not the storm drain system. PAGE 9 OF RESOLUTION NO. 174-98 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 palette 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 building permits for the project. The project covenants, conditions and restrictions (CC&R's) shall provide a review and approval process for any proposed repainting or reroofing of exteriors of the units in this project. The CC&R's shall also specify that the homeowners' association be responsible for the exterior building and fence maintenance within the development. Prior to the issuance of a building permit, the applicant shall enhance the rear elevations of the building on Lots 1 through 4, which backs onto La Gonda Way. This enhancement could be in the form of trellis elements as well as other architectural treatments. The applicant shall submit this for review and approval by the Town' s Design Review Board prior to the issuance of a building permit. PARKING All parking spaces shall be striped and provided with wheel stops unless they are fronted by concrete curbs, in which case sufficient areas shall be provided beyond the ends of all parking spaces to accommodate the overhang of automobiles. 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, to the satisfaction of the San Ramon Valley Fire Protection District and the City Engineer. The project CC&R's shall define that the joint use parking area located in the northwestern corner of the site shall be used as evening, weekend, and holiday guest parking only. The CC&R's shall require that the guest parking spaces are for guests only; that the garage of each unit shall provide enough room for the intended number of vehicles; and that the project CC&R's grant the homeowners' PAGE 10 OF RESOLUTION NO. 174-98 association the ability to fine and tow any vehicle that violates the parking rules and regulations. Prior to Final Map approval, the project plans shah be revised to eliminate the driveway access from La Gonda Way to the joint use parking area (dentists' supplementalparking lot). (This has been accomplished at the time of Planning Commission's review of the project). GRADING , Any grading on adjacent properties will require prior written approval of those property owners affected. At least one week prior to commencement of grading, the applicant shall post the site and mail to the owners of property within 300 f~et 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 fix 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 montThs 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 PAGE 11 OF RESOLUTION NO. 174-98 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. If toxic or contaminated soil is encountered during construction, all construction activity in that area shall cease until the appropriate action is determined and implemented. The concentrations, extent of the contamination and mitigation shall be determined by the Contra Costa County Health Department. Suitable disposal and/or treatment of any contaminated soil shall meet all federal state and local regulations. If deemed appropriate by the Health Department, the applicant shall make provisions for immediate containment of the materials. Runoff from any contaminated soil shall not be allowed to enter any drainage facility, inlet or creek. * 10. All grading activity shall address National Pollutant Discharge Elimination System (NPDES) concerns. Specific measures to control sediment runoff, construction pollution and other potential construction contamination shall be addressed through the Erosion Control Plan (ECP) and Storm Water Pollution Prevention Plan (SWPPP). A NPDES construction permit may be required, as determined by the City Engineer. G. STREETS * 1. The applicant shall obtain an encroachment permit from the Engineering Division prior to commencing any construction activities within any public right-of-way or easement. Street signing shall be installed by the applicant as may be required by the City Engineer. Traffic signs and parking restriction signs which may be required to be installed shall be subject to review and approval by the Transportation Division and the Police Department. PAGE 12 OF RESOLUTION NO. 174~98 10. 11. 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 improvenqtents 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, shall be as shown on the project plans identified in :gA. 1. above and shall conform to Standard Plan 104 a & b. A satisfacto.ry private road and private storm drain maintenance agreement shall be submitted for approval of the City Attorney prior to any Town Council final approval action. All private road maintenance agreements shall include provisions for regular street sweeping. La Gonda Way shall be improved to a 12 meter (40' wide) curb to curb street with the installation of matching pavement, approximately 4.25 meters (14' wide), curb and gutter, sidewalk and street lightly along the frontage of this site. This will require preparation of improvement plans by a Civil Engineer and construction of the improvements within two years of recordation of the subdivision map. The La Gonda Way street frontage shall be dedicated to provide for an ultimate 18.25 meter (60') public street right of way. This subdivision shall be responsible for installation of an adequately designed underground storm drainage system which shall pick up all the offsite drainage tributary to tl~is site and carry it to the piped system. at the southwest comer of this site. The system shall be built to the satisfaction of the City Engineer. With adequate dedications of drainage easements, it shall become a public maintenance PAGE 13 OF RESOLUTION NO. 174-98 responsibility. The design and configuration of the system shall be submitted for review and approval of the City Engineer, prior to Final Map approval. INFRASTRUCTURE 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 June 9, 1998. 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. CCCSD's initial comments ogt this project are summarized within their letter dated June 9, 1998. 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 required improvements to area creeks for drainage purposes shall meet the requirements of existing Town of Danville, Contra Costa County Flood Control & Water Conservation District, the Department of Fish & Game, the Department of U.S. Fish and Wildlife, California 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. Roof drainage from structures shall be collected via a closed pipe and conveyed to an approw~d 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. 8. If a storm drain must cross a lot, or be in an easement between lots, the easement PAGE 14 OF RESOLUTION NO. 174-98 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. MISCELLANEOUS The project Shall be constructed as approved. Minor modifications in the design, but not the use, may be approved by the Town Staff. Any other change will require Planning Commission approval through the Development Plan review process. Conditions of this approval may require the applicant to install public improvements on land over which neither the applicant, nor the Town, has easement rights to allow for the installation of the improvements. The applicant s]hall be responsible for acquisition of said easement rights through private negotiations. If the applicant is unsuccessful in negotiations, the applicant shall apply to the Town for use of eminent domain powers in accordance with Town Resolution No. 78-85. All easement rights shall be secured prior to Town Council final approval of any subdivision map. All costs associated with such acquisition shall be borne by the applicant. The project homeowners' association, through project-specific covenants, conditions and restrictions (CC&Rs), shall be responsible for maintenance of all on-site roads, pedestrian ways, common landscape areas, common fencing, the project recreation areas, internal roads and parking areas, common drainage facilities and any project installed off-site landscaping. Draft project CC&Rs shall be submitted[ to the Town of Danville for review and approval a minimum of 30 days prior to recordation of the final map. , Use of a private gated entrance is expressly prohibited. PAGE 15 OF RESOLUTION NO. 174-98 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. The proposed project shall conform to the Townl'ls 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 o:f 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. This project shall be responsible for the provision of eight units which shall be made available to a three or four person household with "moderate" income, as established by the State Department of Housing and Community Development (HCD) and the United States Department of Housing and Urban Development (]EqUD). Sales price of this unit shall not exceed the maximum price affordable to a three-person or four-person household, as applicable, with 110% of the median income established for Contra Costa and Alameda Counties. The maximum sales price shall be based on the following assumed variables: 7.5% 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; homeowners' 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. The maximum sales prices shall be tiered to the down payment made by the qualifying purchaser (based on a 4-person household), as follows: Percent Down Payment 4-Person Household 5% down payment: $219,344 10% down payment: $235,661 15% down payment: $254,571 ]'he initial maximum sales prices of the eight affordable units may be adjusted PAGE 16 OF RESOLUTION NO. 174-98 based on annual upward adjustments to the area median income, as published by HCD and HUD and 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 the buyers, regulates the terms of occupancy, resale or any other restriction deemed necessary to assure the long term affordability of the units to moderate income households. This agreement shall be subject to approval by the Town Council prior to recordation of the initial Final Map for the project. APPROVED by the Danville Town Council at a regular meeting on November 17, 1998 by the following vote: AYES: Waldo, NOES: None ABSTAINED: None ABSENT: None Arnerich, Doyle, Greenberg, Shimansky MAYOR CITY ATTORNEY CITY CLERK PAGE 17 OF RESOLUTION NO. 174-98