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HomeMy WebLinkAbout006-00RESOLUTION NO. 6-2000 ADOPTING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND APPROVING GENERAL PLAN AMENDMENT REQUEST GPA 98-05, SPECIFIC PLAN AMENDMENT REQUEST SPA 98-01, AND FINAL DEVELOPMENT PLAN - MAJOR SUBDIVISION REQUEST SD 8332 ALLOWING THE DEVELOPMENT OF A 40-UNIT SINGLE FAMILY RESIDENTIAL DEVELOPMENT (APN:203-200-063 - QUAIL GARDENS) WHEREAS, Castle Construction Coo has requested approval of a General Plan Amendment (GPA 98-05), Specific Plan Amendment (SPA 98-01), Preliminary Development Plan - Rezoning (PUD 98-09) and Final Development Plan - Major Subdivision (SD 8332) application to amend the site's General Plan and Specific Plan land use designations from Public and Open Space - Public and Semi Public to Residential o Multiple Family - Low Density (7-12 units per acre), to rezone the site from P-l; Planned Unit Development District to P-l; Planned Unit Development District, and to subdivide the 5,4 +/- acre site to allow development of site into forty single family lots; and WHEREAS, the subject site is located at 3871 Old Blackhawk Road, and is further identified as Assessor's Parcel Number 203-200-063; and WHEREAS, the Town of Danville P-1; Planned Unit Development District Ordinance requires approval of a Preliminary Development Plan - Rezoning request prior to the approval of a Final Development Plan - Major Subdivision application; and WHEREAS, a Mitigated Negative Declaration of Environmental Significance has been prepared for the project indicating that, as modified through project revisions or recommended Conditions of Approval, no significant environmental impacts are anticipated to be associated with the project; and WHEREAS, the Planning Commission did review and recommend approval of the project at a noticed public hearing on November 23, 1999; and WHEREAS, public notice of this action was given in all respects as required by law; and WHEREAS, the Town Council did review the project at a noticed public hearing on January 11, 2000; and 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, General Plan Amendment request GPA 98-05, Specific Plan Amendment request SPA 98-01, and Final Development Plan - Major Subdivision request SD 8332 per the conditions contained herein, and makes the following findings in support of this action: Final Development Plan - Major Subdivision: The proposed subdivision is in substantial conformance with the goals and policies of the Danville 2010 General Plan. o 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 40 new parcels. The density of the subdivision is physically suitable for the subject site and surrounding neighborhood, , 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 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. PAGE 2 OF RESOLUTION NO. 6-2000 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 General Plan Amendment request GPA 98-05, Specific Plan Amendment request SPA 98-01, Preliminary Development Plan - Rezoning request PUD 98-09, and Final Development Plan - Major Subdivision request SD 8332, amending the site's General Plan land use designation and Old Blackhawk Road Specific Plan land use designation from Public and Open Space - Public and Semi Public to Residential - Multiple Family - Low Density (7-12 units per acre), and rezoning the site from P-l; Planned Unit Development District to a new P-1; Planned Unit Development District and subdividing the 5.4+/- site allowing a forty-lot residential development. The site is located at 3871 Old Blackhawk Road (APN: 203-200-064). Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; Vesting Tentative Map, Preliminary Grading Plan, and site sections labeled "Subdivision 8332 Quail Gardens," as prepared by Milani & Associates and dated received by the Planning Division on December 15, 1999. Development Plan labeled "Subdivision 8332 Quail Gardens," as prepared by Milani & Associates and dated received by the Planning Division on December 15, 1999. On-Site/Off-Site Parking Exhibit, as prepared by Milani & Associates and dated received by the Planning Division on December 15, 1999. d. Preliminary Landscape Plan labeled "Quail Gardens Residential PAGE 3 OF RESOLUTION NO. 6-2000 , o Community," as prepared by James Swanson - Landscape Architect and dated received by the Planning Division on December 15, 1999. Site Plan, Architectural Elevations and Floor Plans labeled "Quail Gardens," as prepared by William Hezmalhalch Architects, Inc., and dated received by the Planning Division on December 15, 1999. The applicant shall pay or be subject to any and all Town and other related fees which are applicable due to the development of the site. 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 Child Care Facilities ($13,400), Tri-Valley Transportation Fee ($61,040), Sycamore Valley Benefit District Fee (not to exceed $18,000 per unit), Flood Control & Water Conservation District (Drainage Areas and Mitigation), Plan Checking, and Inspection Fee. The Town's Transportation Improvement Program (TIP) and Park Land In-Lieu fee will not be collected as part of this development as these fees are covered under the Sycamore Valley Benefit District fee. Prior to the recordation of the initial final map for the project, the applicant shall reimburse to the Town costs incurred to supply project notification to surrounding neighboring residents. The reimbursement shall be $1,426.50, covering the costs associated for three mailed notices sent to 364 addresses. 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 (SRVUSD) have been, or will be, met to the satisfaction of these respective agencies. The SRVFPD's initial comments on this project are summarized in their memorandum dated June 3, 1999. In addition, the SRVUSD',s initial comments are contained within their memorandum dated June 8, 1999. Within ten days of final project approval, the applicant shall submit to the Town of Danville fees required to file a Notice of Determination for this project ($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 Califomia Archeology and/or the Society of Professional Archeology, shall be notified. Site work in this PAGE 4 OF RESOLUTION NO. 6-2000 area shall not occur until the archcol,gist 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. , Unless otherwise authorized by the Town once construction commences, construction activity shall be restricted to weekdays between the hours of 7:30 a.m. and 5:30 p.m. Deviation from the work hour restrictions must be 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 grading, the applicant shall install a sign with minimum dimensions of 3' x 3' at the project entry which specifies the allowable construction work days and hours, and lists the name and contact person for the overall project manager and all contractors and sub-contractors as found appropriate/necessary by the Town. 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 intemal combustion engines with mufflers which are in good condition, and to locate stationary noise~generating equipment as far away from existing residences as feasible. 10. 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. Depending on the effectiveness of these dust control measures, the applicant may be required to wash the existing adjacent housing unit which fronts Mountain Valley Place, to be determined by the Planning Division. 11. 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 PAGE 5 OF RESOLUTION NO. 6-2000 12. 13. 14. 15. activity in the adjoining area is complete and the area is safe, accessible, provided with all reasonably expected services and amenities, and appropriately separated from remaining additional construction activity. A temporary vehicular tumaround shall be provided at the end of the completed section of loop roadway to allow separation of resident traffic and construction traffic. As part of the initial submittal for the grading permit plan check, the final map plan check, the improvement plans plan check and the building permit plan check, the applicant shall submit a written compliance report detailing the status of compliance with project conditions of approval. 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. The report is subject to review and approval by the City Engineer, the Chief of Planning, or the Chief Building Official, as applicable, and may be rejected by the Town if it is not comprehensive with respect to the applicable conditions of approval. Planning Division sign-off is required prior to the completion of a Final Building Inspection. As specified in the Public Facilities and Utilities section of the Old Blackhawk Road Specific Plan, pedestrian/equestrian improvements are to be supplied within the Specific Plan Area. The improvements yet to be constructed, which will not be in-tract-type improvements include a pedestrian/equestrian bridge crossing over Sycamore Creek at the existing staging area on Old Blackhawk Road and general landscape/trail improvements near the existing staging area. The estimated costs for these un-funded improvements is $200,000+/-. Remaining undeveloped properties within the Old Blackhawk Road Specific Plan area shall be responsible for contributing a pro-rata share for the installation of the improvements. The equitable share for each development shall be based on the gross acreage; type of development and development potential of each of the remaining undeveloped properties. The precise amount of contribution shall be determined by the Town (based on engineering estimates for the improvements). The Town shall manage the bridge construction project as CIP projects. Total costs of the bridge and abutments shall be determined by project cost estimates secured by the Town. This fee shall be paid prior to recordation of the final map for the project. The fee for this development shall not exceed $80,000o Prior to the issuance of grading permits, the applicant shall retain a specialist to assess any rodent control impacts associated with the development. If necessary, the applicant shall develop a rodent control plan, subject to review and approval PAGE 6 OF RESOLUTION NO. 6-2000 by the Planning Division. SITE PLANNING 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 rearyard fence for Lots 31-39 shall be located at the top of the slope in the rear (west side) of these lots. The slope area on the outside of the fenced-in rearyard area shall be placed into a separate parcel, which shall be owned and maintained by the project's homeowners' association. This separate parcel shall be reflected on the final map for the project. , The proposed "V" ditch at the bottom of the slope along the project's western boundary shall be eliminated and replaced with a grass or rock swale, or other design found to be acceptable to the City Engineer. , A maintenance access easement shall be provided between the west side of Parcel C and the homeowners' association maintained parcel behind the rearyard fences along the site's west property line. A gate shall be provided in the fence to allow access. The widened portion of the landscaped area along Camino Tassajara, created by the inset of the project's architectural soundwall, shall be enlarged to include the entire stretch adjacent to Lots 30 and 31, and Lots 25, 26, and 27. The final landscape plans shall be modified to include additional landscaping in these areas. The soundwall to be located along the Camino Tassajara frontage shall be designed as the standard "Sycamore Valley" wall. The wall shall step down one or two blocks in height, every two sections, from east to west similar to the wall design adjacent to the Terraces development directly to the east. In addition, the Camino Tassajara sound wall shall return down the slope at the west end of the wall and shall extend a minimum of one wall section into the flat rear yard area of Lot 31. A public access easement shall be recorded over the interior sidewalk and the trail within Parcel B, from Maison Drive to Camino Tassajara. 8. Prior to recordation of the final map for the project, the applicant shall develop PAGE 7 OF RESOLUTION NO. 6-2000 Co 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. LANDSCAPING Final landscape and irrigation plans (with planting shown at 1 "=20' scale) shall be submitted for review and approval by the Planning Division. The plan shall include common names of all plant materials and shall indicate the size that various plant materials will achieve within a five year period of time. All plant material shall be served by an automatic underground irrigation system and maintained in a healthy growing condition. 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. 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. An average of two street trees per lot (not counting "small accent trees") shall be incorporated into the final landscape and irrigation plan for the project. A minimum 10-foot section of fence at the northwest corner of Lot 39 shall be clipped at a 45 degree angle to soften this corner of the project. Upgraded project entry landscaping and fencing shall be provided at the Maison Drive entry into the development. The area between the fence and street and extending south into the project, shall be created as separate parcels and owned and maintained by the project's homeowners' association. These separate parcels shall be reflected on the final map for the project. PAGE 8 OF RESOLUTION NO. 6-2000 Subject to securing the necessary right-of-entry authorization, the applicant shall be responsible for the repair of the existing 8+/- foot high fence along the site' s east property line. The applicant shall pursue approval from the adjacent homeowners' association to the east (the Terraces) to agree to jointly maintain this fence. If agreeable to the Terraces homeowners' association, the joint maintenance of this fence shall be the responsibility of this development's homeowners' association, and shall be reflected in the project's CC&Rs. All new fences within this project shall include 2"x 8" pressure treated kickboards and shall utilize pressure treated Douglas Fire fence posts. In addition, the bottom rail and top rail shall be constructed of 2"x 4" boards with l"x 1" nailers on each side of the fence boards, rather than using dadoed 2"x 4" top and bottom rails. 10. The large Elm tree located between Lots 2 and 3 shall be preserved, unless otherwise authorized by the Town as a result of its review of the final map and grading plans. Prior to the initiation of any work within the dripline of this tree, or prior to the issuance of Building Permits, the applicant shall retain a certified arborist to assess the health of the tree and to make recommendations regarding the trimming of the tree. The arborist shall be on the site during the trimming of the tree. 11. To the extent feasible, five of the Elm trees located along the Tassaj ara frontage of the site shall be preserved as shown on the tree preservation plan for the project. 12. The landscaped area between the site and Maison Drive shall be maintained by the project's homeowners' association. In addition, the landscaped triangular area created by clipping the fence at a 45 degree angle at the noahwest corner of Lot 39, shall be maintained by the homeowners' association. 13. All common area, frontyard, and frontage landscaping and project fencing shall be installed by the developer. All landscaping shall be installed within 90 days of occupancy of the unit on the lot. 14. An upgraded fence detail shall be designed and constructed for the entry side sideyards and rearyard fences for Lots 1 and 40. Design shall be subject to review and approval by the Design Review Board prior to issuance of building permits. 15. Accent trees to be planted as part of this development shall be replaced when necessary by the homeowners' association. Provisions for the ongoing maintenance and replacement, when necessary, shall be included in the CC&Rs PAGE 9 OF RESOLUTION NO. 6-2000 for the project. 16. The height of the retaining wall or walls along the downslopes in the rear of Lots 31-38 shall be modified to the extent possible/desirable to allow for a uniform setback for the rearyard fences to the parking lot to the west. The location/height of the retaining walls, location/height of the rearyard fences on top of the slope, and landscape treatment shall be subject to review and approval by the Design Review Board prior to issuance of grading permits for the project. Where appropriate, the rearyard fence for Lots 31-38 may be five feet tall on top of a two foot retaining wall (as viewed from the west) to add an additional 4 +/- feet of flat area into the rearyards of these lots. A one foot trellis may be used on the top of the fence subject to review and approval by the Design Review Board. 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 arehitecturally 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. 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 to the Town for consideration under a separate application. The project covenants, conditions and restrictions shall provide a review and approval process for any proposed repainting or reroofing of exteriors of the units in this project. The porch element added to the units on Lots 1, 15, and 40, shall wrap at least to the dining room window, with these revisions subject to review and approval by the Design Review Board. PAGE 10 OF RESOLUTION NO. 6-2000 Additional architectural elements for the rear elevations of Plans 2 and 3, such as the extension of the bay window on Plan 3 up to the second story, and a similar "pop-out" feature for the rear elevation of Plan 2, shall be incorporated into the project plans. Final design of these elements shall be subject to review and approval by the Design Review Board prior to issuance of building permits for the project. , Colors and materials for the project shall be substantially consistent with the color and material boards prepared for the project, as prepared by William Hezmalhalch Architects, on file with the Planning Division and as displayed at the public hearings for this item. Project colors shall be field-reviewed through the provision of a mock-up by the Design Review Board prior to occupancy of the first unit. 10. Project CC&Rs shall include the requirement for the formation of an architectural review committee which shall have design review authority over: repainting; reroofing; changes to frontyard or streetside sideyard landscaping; accessory structures in the rearyard or sideyard; and any additions or modifications to approved project architectureo 11. The applicant shall develop a final plotting plan for review and approval by the Design Review Board prior to issuance of building permits for the project. The units shall be plotted to maximize the variety of unit types and elevations throughout the development. E. PARKING * 1. 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. Project CC&Rs shall include a requirement that all garages in the development be maintained to allow the parking of two vehicles. CC&Rs shall provide a mechanism allowing the homeowners' association to fine homeowners who are in violation of this requirement. F. GRADING * 1. Any grading on adjacent properties will require prior written approval of those property owners affected. PAGE 11 OF RESOLUTION NO. 6-2000 At least one week prior to commencement of grading, the applicant shall post the site and mail to the owners of property within 300 feet of the exterior boundary of the project site, to the homeowner associations of nearby residential projects and to the Town of Danville Development Services Department, a notice that construction work will commence. The notice shall include a list of contact persons with name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be kept current at all times and shall consist of persons with authority to initiate corrective action in their area of responsibility. The names of individuals responsible for dust, noise and litter control shall be expressly identified in the notice. Development shall be completed in compliance with a detailed soils report and the construction grading plans prepared for this project. The engineering recommendations outlined in the project specific soils report shall be incorporated into the design of this project. The report shall include specific recommendations for foundation design of the proposed buildings and shall be subject to review and approval by the Town's Engineering and Planning Divisions. Where soils or geologic conditions encountered in grading operations are different from that anticipated in the soil report, a revised soils report shall be submitted for review and approval by the City Engineer. It shall be accompanied by an engineering and geological opinion as to the safety of the site from settlement and seismic activity. All development shall take place in compliance with the Town Erosion Control Ordinance (Ord. 91-25). Restrictions include limiting construction primarily to the dry months of the year (May through October) and, if construction does occur during the rainy season, the developer shall submit an Erosion Control Plan to the City Engineer for review and approval. This plan shall incorporate erosion control devices such as, the use of sediment traps, silt fencing, pad berming and other techniques to minimize erosion. 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. PAGE 12 OF RESOLUTION NO. 6-2000 If toxic or contaminated soil is encountered during construction, all construction activity in that area shall cease until the appropriate action is determined and implemented. The concentrations, extent of the contamination and mitigation shall be determined by the Contra Costa County Health Department. Suitable disposal and/or treatment of any contaminated soil shall meet all federal state and local regulations. If deemed appropriate by the Health Department, the applicant shall make provisions for immediate containment of the materials. Runoff from any contaminated soil shall not be allowed to enter any drainage facility, inlet or creek. 10. All grading activity shall address National Pollutant Discharge Elimination System (NPDES) concerns. Specific measures to control sediment runoff, construction pollution and other potential construction contamination shall be addressed through the Erosion Control Plan (ECP) and Storm Water Pollution Prevention Plan (SWPPP). A NPDES construction permit may be required, as determined by the City Engineer. 11. The final pad elevations for the lots within this development, to be depicted on the final map and final grading plan for the project, may deviate a maximum of one-foot from the elevations shown on the approved tentative map for the project. G. STREETS * 1. The applicant shall obtain an encroachment permit from the Engineering Division prior to commencing any construction activities within any public right-of-way or easement. Street signing shall be installed by the applicant as may be required by the City Engineer. Traffic signs and parking restriction signs which may be required to be installed shall be subject to review and approval by the Transportation Division and the Police Department. 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. PAGE 13 OF RESOLUTION NO. 6-2000 * 5. All improvements within the public right-of-way, including curb, gutter, sidewalks, driveways, paving and utilities, shall be constructed in accordance with approved standards and/or plans and shall comply with the standard plans and specifications of the Development Services Department and Chapters XII and XXXI of the Town Municipal Code. At the time project improvement plans are submitted, the applicant shall supply to the City Engineer an up-to-date title report for the subject property. * 6. Handicapped ramps shall be provided and located as required by the City Engineer. * 7. Public streets shall be improved to the standards in/~G. 5. above. Private streets shall be improved to public street structural standards. Private street improvements, and their dimensions, shall be as shown on the project plans identified in/~A. 1. above and shall conform to Standard Plan 104 a & b. A satisfactory 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. Separate private road maintenance agreements shall be prepared for two shared-driveways to be established in parcels C, D, and E. The curb, gutter, sidewalk, and street paving along the site's Camino Tassajara frontage shall be transitioned between the frontage of the subject site and the frontage of the Terraces development to the east, as determined necessary/appropriate by the City Engineer. 10. Speed humps shall be incorporated into the project streets near center area of the north and south sides of the project loop road. Final design and location shall be subject to review and approval by the City Engineer and the Transportation Department as part of the review of project improvement plans. 11. At the developer' s option and subject to review and approval by the City Engineer, the bulb along the frontage of Lots 12-14, and 24 may be eliminated to allow additional yard area to be incorporated into the adjacent lots. 12. The applicant shah be responsible for necessary signing and striping to make the OM Blackhawk Road/A/laison Drive intersection a four-way stop, subject to review and approval by the City Engineer. 13. The applicant shall be responsible for the construction of a new pubic sidewalk PAGE 14 OF RESOLUTION NO. 6-2000 and curb ramps along the project's Maison Drive frontage. The final design and location shall be subject to review and approval by the City Engineer. H. INFRASTRUCTURE * 1. Domestic water supply shall be from an existing public water system. Water supply service shall be from the East Bay Municipal Utility District 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 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 & 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 an 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. , If a storm drain must cross a lot, or be in an easement between lots, the easement shall be equal to or at least double the depth of the storm drain. * 8. 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. * 9. Electrical, gas, telephone, and Cable TV services, shall be provided underground PAGE 15 OF RESOLUTION NO. 6-2000 in accordance with the Town policies and existing ordinances. All utilities shall be located and provided within public utility easements, sited to meet utility company standards, or in public streets. * 10. All new utilities required to serve the development shall be installed underground. * 11. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. * 12. If a common carwash area is created to serve the project, the waste water created by washing cars shall be directed to the sewer collection system rather than the storm water collection system, unless otherwise authorized by the SWPPP. 13. An overland drainage release and appropriate easements are required at the low spot of the subdivision. 14. The project recreation/pool facility shall include a restroom facility. The final location and design of this structure shall be subject to review and approval by the Planning Division prior to issuance of building permits. 15. The recreation/pool area shall be secured with a keyed locking gate. Only project residents shall be provided with the key to access the facility. I. MISCELLANEOUS * 1. The project shall be constructed as approved. Minor modifications in the design, but not the use, may be approved by the Development Services Department. Any other change will require Planning Commission approval through the Development Plan review process. * 2. 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 borne by the applicant. * 3. Pursuant to Government Code section 66474.9, the applicant (including the PAGE 16 OF RESOLUTION NO. 6-2000 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 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. * 4. 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. * 5. Use of a private gated entrance is expressly prohibited. * 6. 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, 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 four units which shall be made available to moderate income households, as defined by the State Department of Housing and Community Development (HCD) and the United States Department of Housing and Urban Development (HUD). Sale prices of these units 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 PAGE 17 OF RESOLUTION NO. 6-2000 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 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: 10% down payment: $252,360 $264,375 15% down payment: $277,500 The initial maximum sales prices of the affordable units 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 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 January 11, 2000 by the following vote: AYES: Greenberg, Arnerich, NOES: None ABSTAIN: None ABSENT: None /~~~S~O FORM: CITY ATTORNEY ~ Doyle, Shimansky, Waldo MAYOR CITY CLERK PAGE 18 OF RESOLUTION NO. 6-2000