Loading...
HomeMy WebLinkAbout153-99RESOLUTION NO. 153-99 APPROVING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND FINAL DEVELOPMENT PLAN - MAJOR SUBDIVISION REQUEST SD 8213, ALLOWING A 16-LOT RESIDENTIAL DEVELOPMENT ON A 2.21 ACRE SITE LOCATED AT 309 WEST EL PINTADO ROAD (APN: 200-170-006 - CLARK) WHEREAS, Josette Clark (Owner) Taylor Woodrow Homes (Applicant) have requested approval of Preliminary Development Plan - Rezoning request PUD 98-07 and Final Development - Major Subdivision request SD 8213 to rezone a 2.21 acre site from R-15; Single Family Residential District to P-1; Planned Unit Development District and to subdivide the site into 16 single family lots; and WHEREAS, the subject site is located at 309 West E1 Pintado, and is further identified as Assessor's Parcel Number 200-170-006; and WHEREAS, the Town of Danville P-1; Planned Unit Development District requires approval of a Preliminary Development Plan - Rezoning prior to the approval of a Final Development Plan - Major Subdivision request; and WHEREAS, the Town of Danville Subdivision Map requires approval of a Major Subdivision - Tentative Map prior to recordation of the Final Map; and WHEREAS, a Mitigated Negative Declaration of Environmental Significance has been prepared for the project, indicating that no significant environmental impacts are expected to be associated with the project; and WHEREAS, the Planning Commission did review and recommend the Town Council approve the request during a noticed public hearing on September 14, 1999; and WHEREAS, the Town Council did review the revised project at a noticed public hearing on October 5, 1999; and WHEREAS, at that meeting the Town Council continued the item requesting that the applicant provide specific additional information; and WHEREAS, the Town Council did review the project and the additional information provided during a public hearing held on October 19, 1999; and PAGE 1 OF RESOLUTION NO.153-99 WHEREAS, 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 Mitigated Negative Declaration of Environmental Significance and Final Development Plan - Major Subdivision request SD 8213 per the conditions contained herein, and makes the following findings in support of these actions: Final Develooment Plan - Major Subdivision The proposed subdivision is in substantial conformance with the goals and policies of the General Plano , 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 facilities services will be available to the 16 new parcels. 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. PAGE 2 OF RESOLUTION NO.153-99 CONDITIONS OF APPROVAL Conditions of approval with an asterisk C*") 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 98-07 and Final Development Plan - Major Subdivision request SD 8213, rezoning the subject 2.21 +/- acre site from R-15; Single Family Residential District to P-l; Planned Unit Development District and subdividing the property into 16 single family lots. The site is located at 309 West El Pintado (APN: 200-170-006). Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; ao Vesting Tentative Map and Development Plan labeled "Subdivision 82 13," as prepared by Aliquot, dated received by the Planning Division on October 13, 1999. bo Architectural floor plans, elevations and details, labeled "Old Town - Subdivision 8213," as prepared by William Hezmalhalch Architects, Inc., dated received by the Planning Division on October 13, 1999. Co Preliminary Landscape Plan and Fence Plan labeled "Old Town - Danville California", as prepared by Thomas E. Baak & Associates, dated received by the Planning Division on October 13, 1999. Cross Sections labeled "Old Town," as prepared by Aliquot, consisting of two sheets, dated received by the Planning Division on October 13, 19990 eo Tree Plan labeled "Vesting Tentative Map: Tree Plan," as prepared by Alequot, dated received by the Planning Division on October 13, 1999. Typical Plot Plan labeled "Exhibit H," dated received by the Planning Division on October 13, 1999. 2. The applicant shall pay or be subject to any and all Town and other related fees that PAGE 3 OF RESOLUTION NO.153-99 o o the property may be subject to at the time the entitlement is exercised. These fees shall be based on the current fee schedule (i.e., the fee schedule in effect at the time the entitlement is exercised via recordation of the Final Map and the issuance of relevant permits). Notice should be taken specifically of the Town's Residential Transportation Improvement Program ($38,000 based on the current fee schedule), SCC Regional Fee ($15,542 based on the current fee schedule), Tri-Valley Transportation Development Fee ($28,994 based on the current fee schedule), Park Land In-lieu fee ($54,720 based on the current fee schedule) and Child Care Facilities fee(S6,365 based on the current fee schedule), Contra Costa County Flood Control & Water Conservation District Drainage Area and Mitigation Fees and pertinent Plan Check and Inspection 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 heating. The fee shall be $490.50 (654 notices X $0075 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) and the San Ramon Valley Unified School District have been, 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 November 3, 1998. 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 $25.00. In the event that subsurface archeological remains are discovered during any construction or pre-construction activities on the site, all land alteration work within 100 feet of the find shall be halted, the Town Planning Division notified, and a professional archeologist, certified by the Society of Califomia Archeology and/or the Society of Professional Archeology, shall be notified. Site work in this area shall not occur until the archeologist has had an opportunity to evaluate the significance of the find and to outline appropriate mitigation measures, if they are deemed necessary. If prehistoric archaeological deposits are discovered during development of the site, local Native American organizations shall be consulted and involved in making resource management decisions. Construction activity shall be restricted to the period between the weekday hours of 7:30 a.m. to 5:30 p.m. (Mondays through Fridays), unless otherwise approved in writing by the City Engineer for general construction activity and the Chief Building Official for building construction activity. Prior to any construction work on the site, including site clearing and grading, the applicant shall install a minimum 3' x 3' sign at the project entry which specifies the allowable PAGE 4 OF RESOLUTION NOo153-99 10. 11. 12. construction work days and hours, and which lists the name(s) and contact person(s) for the overall project management and the names and corresponding business telephone numbers for all contractors and sub-contractors working on the job. 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 from remaining additional construction activity° Accompanying the initial submittal for grading permit review, improvement plan review, final map review or building permit review (whichever is submitted first), the applicant shall submit a written Compliance Report detailing how the conditions of approval for this project have/will be complied with shall be submitted by the applicant. 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 shall be signed by the applicant to attest its accuracy. The report is subject to review and approval by the City Engineer, Chief of Planning, and/or Chief Building Official, and may be rejected by the Town if it is not comprehensive with respect to the applicable conditions of approval. As the review process continues into later, subsequent stages, the Compliance Report shall be updated and resubmitted by the applicant, as may be directed by the Town. PAGE 5 OF RESOLUTION NO.153-99 B, 13. Prior to approval of a Building Permit, all projects must conform to the applicable Uniform Building Codes and the Califomia building codes. 14. Planning Division sign-off is required prior to the completion of a Final Building Inspection. SITE PLANNING All lighting shall be installed in such a manner that lighting is generally down- directed and glare is directed away from surrounding properties and rights-of-way. The location of any pad mounted electrical transformers shall be subject to review and approval by the Planning Division prior to the issuance of a building permit. To the extent feasible, such transformers shall not be located between any street and the front of a building. , Any on-site wells and septic systems shall be destroyed in accordance with Contra Costa County Health Services Department - Environmental Health Division regulations. Environmental Health Division permit and inspections for this work shall be obtained. Allowable land uses within this project shall be as established under the Town's R-6; Single Family Residential District. The pad elevations for the homes to be built on Lots 1-6 shall be no more than one foot higher than the pad elevations of the existing adjacent home to the south which abuts the majority of the rear property line. Any deviation from this requirement may not be approved at an administrative level, but shall require review and approval by the Planning Commission at a noticed public hearing under a separate Development Plan application. Prior to recordation of the final map for the project, the applicant shall develop language to be included as part of the Covenants, Conditions, and Restrictions (CC & Rs) for the project which sets specific standards to regulate setback requirements related to the construction of accessory structures (e.g., gazebos, hot tubs, storage sheds), the construction of structures attached to the home (e.g., decks, patio covers and trellises), and additions to the home. The language shall be submitted for review and approval by the Town prior to recordation of the final map. All retaining walls between lots (e.g., retaining walls running perpendicular to the street) shall be constructed to be wholly contained on one lot (i.e., shall not built directly on the property line). All walls and fences shall be located to allow adequate distance for access around the house, subject to review and approval by PAGE 6 OF RESOLUTION NO.153-99 the Planning Division and the Design Review Board prior to issuance of a Building Permit. The combination of the height of the retaining wall and the sideyard fence to be built on top of the retaining wall shall not exceed seven feet in height. For any area where the combined height of the wall and the fence will be greater than seven feet, the fence shall be either off-set at least two feet from the retaining wall, or the height of the fence shall be reduced to observe the seven foot maximum combined height restriction. Project fencing shall be installed as shown on the project plans labeled "Old Town," as prepared by Thomas Baak & Associates, dated received on October 14, 1999 by the Planning Division. Front yard fencing and fencing established along West El Pintado may utilize a 12-inch top section of lattice. Fences placed along shared side yards shall be solid wood fencing, and shall be a maximum of six feet high. All fencing shall use pressure treated wood posts and pressure treated 2" thick kickboards. The fence at the northeast corner of Lot 1 shall be clipped at a forty-five degree angle to maintain a setback of at least five feet from the adjoining face-of-curb. The project entry monumentation shall be designed to comply with the Town's sight distance triangle requirements for intersections. The rearyard fences (West E1 Pintado frontage) for Lots 14, 15, and 16 shall be adjusted to allow for a minumum three-foot of landscape area between the back of sidewalk and the rearyard fence. The location of the units on Lots 15 and 16 shall maintain a minimum 20 foot setback from the West E1 Pintado right-of-way. Minor modifications to the lot lines may be necessary, subject to review and approval by the Planning Division prior to recordation of the final map. The entry monumentation wall on the north side of the project entry shall comply with the requirements of the Town's Site Distance Triangle Ordinance, subject to review and approval by the Planning Division. The project site plan shall be modified to provide for and construct a paved pedestrian connection between this development and the adjacent Cedar Hollow Development, between Lots 6 and 7. The applicant shall be responsible to work with the Cedar Hollow homeowners' association to secure the rights to complete any off-site improvements to make the pedestrian connection to the existing Cedar Hollow roadway. PAGE 7 OF RESOLUTION NO.153-99 10. Driveways shall be constructed with individual brick pavers, as shown on the above referenced project plans. If found necessary, steep portions of the driveways may utilize a stamped concrete treatment with a similar appearance to individual brick pavers. Final details shall be subject to review and approval by the Design Review Board. LANDSCAPING Final landscape and irrigation plans (with planting shown at 1 "=20' scale) shall be submitted for review and approval by the Planning Division. The plan shall include common names of all plant materials and shall indicate the size that various plant materials will achieve within a five year period of time. Final landscape plans shall be subject to review and approval by the Design Review Board prior to issuance of building permits for the project. All plant material shall be served by an automatic underground irrigation system and maintained in a healthy growing condition. Irrigation shall comply with Town of Danville Landscape Ordinance ~91-14 and landscape guidelines and shall be designed to avoid runoff and overspray. Proposed common maintenance lawn areas within the project shall not exceed a maximum of 25 percent of proposed common landscaped areas. o All trees shall be a minimum of 15 gallon container size. All trees shall be properly staked. All remaining shrubs used in the project, which are not used as ground cover, shall be a minimum of five gallons in size. All landscaped areas not covered by shrubs and trees shall be planted with live ground cover. All proposed ground cover shall be placed so that they fill in within two years. All existing trees on the site shall be preserved to the extent practical. Removal will be allowed only upon prior written approval from the Planning Division. 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 shall be returned upon verification of the health of the trees following two full growing seasons after project completion. A minimum of two street trees per lot (three for comer lots) shall be incorporated into the final landscape and irrigation plan for the project. All street trees shall be significant trees which will provide a street canopy and shade for the neighborhood. The exact type and location of all trees shall be subject to review PAGE 8 OF RESOLUTION NO.153-99 11. 12. 13. and approval by the Planning Division and Design Review Board prior to issuance of building permits. Project CC & Rs shall direct homeowners in the project to retain and maintain these trees and shall establish a process for consideration of tree removal and replacement. The applicant shall plant an additional six minimum fifteen gallon box size oak trees within this development. These trees shall be in addition to the trees approved as part of the preliminary landscape plan. All trees shall be provided with drip irrigation unal the trees are established The exact location of the tree plantings shall be subject to review and approval by the Planning Division as part of the final landscape plan. The project entry monumentation and landscape areas, on both sides of the street, shall be commonly maintained by the project's homeowners association. These areas shall be designated as separate parcels on the final map, subject to review and approval by the Town. Provisions for maintenance of these areas shall be included in the CC & Rs for the project. The applicant shall consult with the adjoining property owner to the north (Goldspring) regarding the rearyard fence to be utilized along the rear (north) property line of Lots 12-14. This development may utilize the existing wood fence recently constructed by the Goldsprings, or if preferred by the Goldsprings, the applicant shall construct a new solid wood fence (at the applicant's cost) as part of this project. The fence on this property line, and all common property line fences, shall be jointly maintained by both property owners. Prior to the issuance of a grading permit, the applicant shall retain a qualified arborist and shall survey and assess the feasibility of transplanting all oak trees on the site that are proposed to be removed (fifteen Oak trees), subject to review by the Town. The trees that are found to be feasible for transplant shall be dug-up and boxed, and shall be transplanted within the project site or be made available to planted within other off-site projects, subject to review and approval by the Town. To the extent feasible, as determined by the Town, the Oak trees shall be transplanted on-site to Parcels A and B, or to acceptable off-site locations, as determined by the Planning Division. The applicant shall be responsible for the installation of all frontyard and common landscaping within the project. All landscaping shall be installed prior to occupancy of the last unit constructed as part of this project. The applicant shall be required to preserve the two Monterey Pine trees located near the property line between Lot 9 and the property to the north (Bauer). Alternatively, if the adjacent property owner agrees to the removal of one or both of these trees, the applicant shall work with the property owner to the north to PAGE 9 OF RESOLUTION NO.153-99 14. mitigate the removal of these trees with the planting of at least four new trees. The type and exact location of the new trees shall be as specified by the adjacent property owner, subject to review and approval by the Town. Prior to the issuance of Building Permits, the applicant shall work with adjacent property owners on the periphery of the project site to determine the existing property owner's preference for the type and location of trees to be planted along the property line. If desired by the property owner, tree planting shall be as shown on the Landscape Plan referenced above, or shall be an alternate type of tree, or the property owner may opt to have no trees planted along the shared property line. This condition applies to initial developer installed landscaping and is not intended to limit rearyard planting options of the initial or subsequent owners of the homes within this subdivision. Do E, 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 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 CC & Rs shall provide a review and approval process for any proposed repainting or reroofing of exteriors of the units in this project. Colors and materials for the units to be built within this project shall be consistent with the color and material board for this project on-file with the Planning Division. For units which utilize wood siding, real wood siding shall be utilized unless otherwise authorized by the Town. Masonite siding is not allowed. PARKING 1. Regulatory signage/curb painting for the non-parking portion of the interior loop PAGE 10 OF RESOLUTION NO.153-99 F, o roadway system shall be provided, if deemed necessary, to the satisfaction of the San Ramon Valley Fire Protection District and the City Engineer. Project CC & Rs shall include language restricting the use of all garages within the project to accommodate the parking of two vehicles. Storage or other use of the garage which displaces the ability to park a car in the garage shall not be allowed. GRADING , , o Any grading on adjacent properties will require prior written approval of those property owners affected. At least one week prior to commencement of grading, the applicant shall post the site and mail to the owners of property within 300 feet of the exterior boundary of the project site, to the homeowner associations of nearby residential projects and to the Town of Danville Development Services Department, a notice that construction work will commence~ The notice shall include a list of contact persons with name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be kept current at all times and shall consist of persons with authority to initiate corrective action in their area of responsibility. The names of individuals responsible for dust, noise and litter control shall be expressly identified in the notice. Development shall be completed in compliance with a detailed soils report and the construction grading plans prepared for this project. The engineering recommendations outlined in the project specific soils report shall be incorporated into the design of this project. The report shall include specific recommendations for foundation design of the proposed buildings and shall be subject to review and approval by the Town's Engineering and Planning Divisions. Where soils or geologic conditions encountered in grading operations are different from that anticipated in the soil report, a revised soils report shall be submitted for review and approval by the City Engineer. It shall be accompanied by an engineering and geological opinion as to the safety of the site from settlement and seismic activity. All development shall take place in compliance with the Town Erosion Control Ordinance (Ord. 91-25). Restrictions include limiting construction primarily to the dry months of the year (i.e., 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. PAGE 11 OF RESOLUTION NO.153-99 All new development shall be consistent with modem 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. 10. Runoff from any contaminated soil shall not be allowed to enter any drainage facility, inlet or creek. * 11. All grading activity shall address National Pollutant Discharge Elimination System (NPDES) concems. 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. 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. PAGE 12 OF RESOLUTION NO.153-99 o 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. 6. Handicapped ramps shall be provided and located as required by the City Engineer. The streets developed in this project shall be developed as private streets, which shall be improved to public street structural standards. Private street improvements, and their dimensions, shall be as shown on the project plans identified in #A. 1. above and shall conform to Standard Plan 104 a & b. On-street parking shall be limited to one side only. Red curbs shall not be required to implement this restriction, subject to review and approval by the San Ramon Valley Fire Protection District. , West El Pintado shall be improved to Town standards along the frontage of this subdivision with the installation of paving, curb and gutter, sidewalk and street lighting. The dedication of additional street frontage along West E1 Pintado shall be required. 10. If found necessary/desirable through the Neighborhood Transportation Management Program (NTMP) effort currently underway for this neighborhood, the applicant shall be responsible for the installation of a speed bump on West E1 Pintado. The exact location and design of the speed bump shall be determined through the NTMP process and subject to review and approval by the City Engineer. INFRASTRUCTURE Domestic water supply shall be from an existing public water system. Water supply service shall be from the East Bay Municipal Utility District water system in accordance with the requirements of the District. All wastewater shall be disposed into an existing sewer system. Sewer disposal service shall be from the Central Contra Costa Sanitary District sewer system in PAGE 13 OF RESOLUTION NO.153-99 accordance with the requirements of the District. 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 and Water Conservation District. All runoff from impervious surfaces shall be intercepted at the project boundary and shall be collected and conducted via an approved drainage method through the project to an approved storm drainage facility, as determined by the City Engineer. Development which proposes to contribute additional water to existing drainage system shall be required to complete a hydraulic study and make improvements to the system as required to handle the expected ultimate peak water flow and to stabilize erosive banks that could be impacted by additional storm water flow. Roof drainage from structures shall be collected via a closed pipe and conveyed to an approved storm drainage facility in the street curb. No concentrated drainage shall be permitted to surface flow across sidewalks. Any portion of the drainage system that conveys runoff from public streets shall be installed within a dedicated drainage easement, or public street. Ifa storm drain must cross a lot, or be in an easement between lots, the easement shall be equal to or at least double the depth of the storm drain. The applicant shall fumish proof to the City Engineer of the acquisition of all necessary rights of entry, permits and/or easements for the construction of off-site temporary or permanent road and drainage improvements. Electrical, gas, telephone, and Cable TV services, shall be provided underground in accordance with the Town policies and existing ordinances. All utilities shall be located and provided within public utility easements, sited to meet utility company standards, or in public streets. 10. All new utilities required to serve the development shall be installed underground. 11. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. 12. The applicant shall be required to clean the project storm drain system, which extends through the Cedar Hollow development to the south, prior to the initiation of construction activities and again upon the completion of all development activities, to the satisfaction of the Town. PAGE 14 OF RESOLUTION NO.153-99 MISCELLANEOUS The project shall be constructed as approved. Minor modifications in the design, but not the use, may be approved by the Planning Division. 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 shall be responsible for acquisition of said easement rights through private negotiations. If the applicant is unsuccessful in negotiations, the applicant shall apply to the Town for use of eminent domain powers in accordance with Town Resolution No. 78-85. All easement rights shall be secured prior to Town Council final approval of any subdivision map. All costs associated with such acquisition shall be bome by the applicant. o The project homeowners' association, through project-specific C C & Rs, shall be responsible for maintenance of all on-site roads, pedestrian ways, common landscape areas, common fencing, the internal road and parking areas, common drainage facilities and any project installed off-site landscaping. Draft project C C & Rs shall be submitted to the Town of Danville for review and approval a minimum of 45 days prior to recordation of the final map. The project homeowners' association, through project-specific C C & Rs, shall be required to participate, with a fifty percent share, in the maintenance and any necessary capital improvements related to the portion of the private stormdrain within the Cedar Hollow Drive development to the south which this project will tie into for storm drain run-off. 5. Use of a private gated entrance is expressly prohibited. 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 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, PAGE 15 OF RESOLUTION NO.153-99 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. 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. This project shall be responsible for the provision 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). Sales 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: 7.5% interest rate; maximum monthly assignment of housing co sts 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 of the maximum allowable purchase price (i.e., $ 41,625). The maximum sales prices shall be tiered to the down payment made by the qualifying purchaser, as follows: Percent Down Payment 4-Person Household 5% down payment: $252,360 10% down payment: $264,375 15% down payment: $277,500 The initial maximum sales prices of the affordable unit may be adjusted based on annual upward adjustments to the area median income, as published by HCD and HUD and any downward adjustment to mortgage interest rates 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 PAGE 16 OF RESOLUTION NO.153-99 11. 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. The applicant shall construct an ove~and drainage release from the project street over Lot 7 and discharging to the west. The design of the overland drainage release, and associated downstream improvements, if necessary, shall be subject to review and approval by the City Engineer prior to recordation of the final map. APPROVED by the Danville Town Council at a regular meeting on October 19, 1999, by the following vote: AYES: Arnerich, NOES: None ABSTAINED: None ABSENT: None APPROVED AS TO FORM: Greenberg, Doyle, Shimansky, Waldo CITY ATTORNEY ATTEST: CITY CLERK PAGE 17 OF RESOLUTION NO.153-99