HomeMy WebLinkAbout029-00RESOLUTION NO. 29-2000
APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL
SIGNIFICANCE AND FINAL DEVELOPMENT
PLAN - MAJOR SUBDIVISION REQUEST SD 8308
ALLOWING A FIVE LOT RESIDENTIAL DEVELOPMENT
(APN: 206-020-049 - DENOVA, INC.)
WHEREAS, Denova Homes, Inc. (APPLICANT) and Mel Senna (OWNER) have requested
approval of a Preliminary Development Plan - Rezoning request PUD 99-03 and Final
Development Plan - Major Subdivision request SD 8308 to rezone a portion of 5.2 +/- acre
site from P-I; Planned Unit Development District to a new P-l; Planned Unit Development
District and to rezone the remainder of the site from A-2; General Agricultural District to P-
1; Planned Unit Development District and to subdivide the site into five single family
residential lots on a 5.2 +/- acre site; and
WHEREAS, the subject site is located at 1230 Lawrence Road and is further identified as
Assessor's Parcel Number 206-020-049; and
WHEREAS, the Town of Danville P-l; Planned Unit Development District requires
approval of a Preliminary Development Plan - Rezoning request prior to approval of a Final
Development Plan - Major Subdivision request and the approval of a Final Development
Plan request prior to the development of the property; and
WHEREAS, a draft Negative Declaration of Environmental Significance has been prepared
for the project indicating that no significant impacts are anticipated to be associated with the
project; and
WHEREAS, the Planning Commission did review and recommend the Town Council
approve the project at a noticed public hearing on December 14, 1999; and
WHEREAS, the 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 March
8, 2000; 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 Negative Declaration of
Environmental Significance and approves Preliminary Development Plan - Rezoning request
PUD 99-03 per the conditions contained herein; and makes the following findings in support
of this action:
The proposed Rezoning is consistent with the General Plan Land Use Designation for
the area.
The proposed Rezoning is consistent with the Development Standards contained
within the Lawrence/Leema Road Specific Plan.
o
The uses authorized or proposed in the land use district are compatible within the
district and to uses authorized in adjacent districts.
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 that the Planning Commission of the Town of Danville recommends the
approval of the Final Development Plan - Major Subdivision request SD 8308 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.
o
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 five 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
PAGE 2 OF RESOLUTION NO. 29-2000
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 (*) 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
*
This approval is for Preliminary Development Plan - Rezoning request
PUD 99-03 and Final Development Plan - Major Subdivision request SD 8308
to rezone a portion of the property from P-l; Planned Unit Development
District to a new P-l; Planned Unit Development and the remainder of the site
from A-2; General Agricultural District to P-l; Planned Unit Development
District and to subdivide the property to create five residential lots on a 5.2 +/-
acre parcel. The site is identified as 1230 Lawrence Road (APN: 206-020-
049). 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 Preliminary & Final Development Plan,
consisting of one sheet, labeled "Vesting Tentative Map Denova
Homes - Subdivision 8308," as prepared by J. E. Schuricht &
Associates, dated received by the Planning Division on December 8,
1999.
b,
Area Plan and Site Sections, consisting of one sheet, labeled "Pad Cross
Sections," as prepared by J. E. Schuricht & Associates, dated received by
the Planning Division on December 8, 1999.
Preliminary Landscape Plan labeled "Denova Homes," as prepared by
James Swanson, Landscape Architect, dated received on December 8,
1999.
The applicant shall pay all Town and other related fees that the property is
subject to. These fees shall be based on the current fee schedule in effect at
PAGE 3 OF RESOLUTION NO. 29-2000
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 SCC Sub-Regional fee
($11,110.00), SCC Regional fee ($4,090.00), Park Land In-lieu fee
($11,520.00), Child Care Facilities fee ($1,675.00), Residential TIP fee
($10,000.00), Tri-Valley Transportation fee ($7,630.00), Lawrence Road
Benefit District fee ($65,000.00), Flood Control & Water Conservation
District (Drainage Areas and Mitigation), Plan Checking, and Inspection fees.
Prior to the issuance of grading or building permits, the applicant shall submit
written documentation that all requirements of the San Ramon Valley Fire
Protection District (SRVFPD) and the San Ramon Valley Unified School
District have been, or will be, met to the satisfaction of these respective
agencies.
The applicant shall submit to the Town of Danville fees required to file a
Notice of Determination for this project. This fee shall be $25.00.
In the event that subsurface archeological remains are discovered during any
construction or pre-construction activities on the site, all land alteration work
within 100 feet of the find shall be halted, the Town Planning Division
notified, and a professional archeologist, certified by the Society of California
Archeology and/or the Society of Professional Archeology, shall be notified.
Site work in this area shall not occur until the archeologist has had an
opportunity to evaluate the significance of the find and to outline appropriate
mitigation measures, if they are deemed necessary. If prehistoric
archaeological deposits are discovered during development of the site, local
Native American organizations shall be consulted and involved in making
resource management decisions.
o
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 grading, the applicant shall install a
minimum 3' x 3' sign 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
necessary/appropriate 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.
PAGE 4 OF RESOLUTION NO. 29-2000
10.
11
12.
13.
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.
If the applicant intends to construct the project in phases, then the first
submittal for building permits shall be accompanied by an overall phasing
plan. This plan shall address: off-site improvements to be installed in
conjunction with each phase; erosion control for undeveloped portions of the
site; timing of delivery of emergency vehicle access connections; and phasing
of project grading. The phasing plan shall be subject to the review and
approval of the City Engineer and Chief of Planning.
As part of the initial submittal for the final map, plan check, and/or building
permit review process (whichever occurs first), the applicant shall submit a
written Compliance Report detailing how the conditions of approval for this
project have been complied with. 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 is subject to review and approval by the City Engineer
and/or 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.
This project shall comply with all requirements established under the
Lawrence/Leema Road Specific Plan.
For all new lots created by this subdivision, the following statement shall be
recorded to run with the deed of the property acknowledging the historic rural
nature of the area, and the rights of surrounding property owners to continue
existing and/or future legally established rural/agricultural uses:
IMPORTANT: BUYER NOTIFICATION
This property is located in a historically rural area with existing rural and
agricultural uses. Any inconvenience or discomfort from properly conducted
PAGE 5 OF RESOLUTION NO. 29-2000
agricultural operations, including noise, odors, dust, and chemicals, will not be
deemed a nuisance°
14.
The applicant shall include a disclosure with each home sold within this
development which states "This home is within the San Ramon Valley Unified
School District. The designated schools for the subject project are Montair
Elementary, Los Cerros Middle, and Monte Vista High Schools. Due to
overcrowing in the district, students may be diverted to other schools."
15.
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 $ 510.75 ( 681 notices x $0.75
per notice).
16.
All projects must conform to the applicable Uniform Building Codes and the
California building codes.
* 17.
Planning Division sign-off is required prior to the completion of a Final
Building Inspection.
B o SITE PLANNING
* 1.
All lighting shall be installed in such a manner that lighting is generally down-
directed and glare is directed away from surrounding properties and
rights-of-way.
The location of any pad mounted electrical transformers shall be subject to
review and approval by the Planning Division prior to the issuance of a
building permit. To the extent feasible, such transformers shall not be located
between any street and the front of a building.
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.
Development criteria for the lots created by this subdivision shall be as
established under Town's R-15; Single Family Residential District.
,
No interior street lighting shall be installed within this subdivision. Low,
ground directed, driveway/entry lighting for individual properties, shall be
subject to review and approval by the Town's Design Review Board.
PAGE 6 OF RESOLUTION NO. 29-2000
C,
The applicant shall develop an appropriate means to ensure the ongoing
maintenance of the 20+'- foot landscape/open space strip. Options include
annexation into an adjoining homeowners' association, a maintenance
agreement, and/or CC&Rs. Any method proposed by the applicant shall strive
to provide for maintenance in a similar manner as a homeowners' association.
The applicant shall work with Town staff to develop an acceptable mechanism
prior to recordation of the final map. If an acceptable mechanism is not
provided, a homeowners' association will be required to be formed to provide
for the maintenance of the landscape/open space strip. In addition, language
shall be developed to be recorded as a deed notification for all lots within this
subdivision which describes that the landscape/open space strip is for common
public use, and may not be reserved for private use, privately maintained by
individual property owners, or developed with private landscaping or
structures installed by individual property owners. This language shall further
describe that if any property owner violates this agreement and installs private
landscaping or structures within the public open space, the private landscaping
or structures shall be removed at the property owners' expense. This language
shall be submitted for review and approval by the City Attorney prior to
recordation of the final map.
A scenic easement shall be established over the portion of Lot 3 above the 735
foot elevation contour line. This area shall be required to be maintained in a
natural appearing state. No construction of structures, grading, or planting of
formal landscaping will be allowed in this area.
,
Lot 3 shall not be allowed to be re-subdivided in the future. A deed restriction
shall be recorded to run with the property which sets forth this restriction.
This entitlement does not include the approval of the accessory structure on
Lot 5.
LANDSCAPING
Final landscape and irrigation plans (with planting shown at 1 "=20' scale) shall
be submitted for review and approval by the Planning Division and the Design
Review Board. The plan shall include common names of all plant materials
and shall indicate the size that various plant materials will achieve ~vithin 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
PAGE 7 OF RESOLUTION NO. 29-2000
o
o
10.
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.
A minimum of two street trees shall be planted in the linear open space
fronting each lot (four for corner lots).
The final design of the landscape treatment, path design and location, and
fence design to separate the open space areas from private property, shall be
subject to review and approval by the Planning Division prior to the issuance
of building permits for this project. This landscape treatment shall be
substantially consistent with the design of other approved landscape treatment
in the area. The sidewalk within the open space strip shall run parallel with
the inside edge of the open space strip, adjacent to the low split rail fence.
Landscaping for the open space strip within the interior of the project shall
consist primarily of tuff and street trees to maximize the usability of the area.
The open space strip adjacent to Culet Ranch drive shall include street trees
and low ground cover.
The plantings and irrigation for the landscaped area within the open space strip
shall be installed by the developer prior to occupancy.
The applicant shall develop a minimum of three landscape alternatives for
front yard landscaping which complements the landscape treatment within the
linear public open space/landscape areas. The landscape alternatives shall be
submitted for review and approval by the Planning Division and the Town's
Design Review Board prior to issuance of building permits for the project.
Home buyers shall be offered the option to buy one of the a landscape
alternatives to be installed by the developer.
All front yard landscaping shall be installed within six months of completion
of the unit or within six months of occupancy by the homeowner, whichever
comes first. The CC&R's for the project shall be modified to reflect this
condition and shall be submitted for review and approval by the Town prior to
issuance of building permits.
The driveway aprons within the landscape strip shall be constructed with
PAGE 8 OF RESOLUTION NO. 29-2000
special paving treatment such as pavers, stamped concrete colored concrete, or
brick accents. This special treatment shall transition onto the driveways in
front of the garage door for each unit. The intent of this condition is to
develop a driveway treatment which will compliment the landscape/open
space character of the strip. The driveways aprons within the landscape strip
shall be designed to minimize the width, maximizing the landscaping, while
allowing for the functional use of the driveways. Final design shall be subject
to review and approval by the Design Review Board and Planning
Commission as part of the final Development Plans for the homes to be built
within this subdivision.
11.
The split rail fencing, to be constructed along the back edge of the open space
strip shall be' treated with a natural color stain treatment rather than painted
white.
12.
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.
13.
The applicant shall work with the adjacent property owner to provide for the
relocation of the existing fence along the parcel's east property line so that it is
correctly located on the property line.
ARCHITECTURE
No architecture is approved for construction on the lots created by this
subdivision as part of this permit. Architecture for the homes to be built on the
lots within this subdivision shall be submitted for review and approval by the
Planning Commission under a separate Development Plan application.
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.
PAGE 9 OF RESOLUTION NO. 29-2000
E. PARKING
Project CC&R's shall specify that on-street parking shall be allowed only
within the parking bays. These CC&R's shall be recorded prior to final map
approval.
Minimal signage, maximum one sign per block, is allowed to set forth the
parking restriction. No other regulatory signage or red curbs are permitted
throughout the subdivision.
Eight foot deep parking bays shall be incorporated into the street design for the
interior street, similar to the development to the north, Lawrence Estates II.
The final design of the parking bays within this project shall be subject to
review and approval by the Planning Division as part of the review of the
improvement plans for this project. The parking bays shall be designed to
maximize on street parking and to easily accommodate street sweeping
equipment.
F, GRADING
* 1.
Any grading on adjacent properties will require prior written approval of those
property owners affected.
At least one week prior to commencement of grading, the applicant shall post
the site and mail to the owners of property within 300 feet of the exterior
boundary of the project site, to the homeowner associations of nearby
residential projects and to the Town of Danville Development Services
Department, a notice that construction work will commence. The notice shall
include a list of contact persons with name, title, phone number and area of
responsibility. The person responsible for maintaining the list shall be
included. The list shall be kept current at all times and shall consist of persons
with authority to initiate corrective action in their area of responsibility. The
names of individuals responsible for dust, noise and litter control shall be
expressly identified in the notice.
Development shall be completed in compliance with a detailed soils report and
the construction grading plans prepared for this project. The engineering
recommendations outlined in the project specific soils report shall be
incorporated into the design of this project. The report shall include specific
recommendations for foundation design of the proposed buildings and shall be
subject to review and approval by the Town's Engineering and Planning
Divisions.
PAGE 10 OF RESOLUTION NO. 29-2000
,
10.
11.
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.
If toxic or contaminated soil is encountered during construction, all
construction activity in that area shall cease until the appropriate action is
determined and implemented. The concentrations, extent of the contamination
and mitigation shall be determined by the Contra Costa County Health
Department. Suitable disposal and/or treatment of any contaminated soil shall
meet all federal state and local regulations. If deemed appropriate by the
Health Department, the applicant shall make provisions for immediate
containment of the materials.
Runoff from any contaminated soil shall not be allowed to enter any drainage
facility, inlet or creek.
All grading activity shall address National Pollutant Discharge Elimination
System (NPDES) 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.
All retaining walls shall be constructed to be wholly contained within
PAGE 11 OF RESOLUTION NO. 29-2000
individual lots and maintained by either the property owner or the
homeowners' association, if a homeowners' association is required.
G. STREETS
* 1o
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.
* 5.
All improvements within the public fight-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.
* 7. Public streets shall be improved to the standards in #G. 5. above.
* 8. The proposed storm drainage system shall be a public system.
10.
Culet Ranch Road improvements along the frontage of this property shall be
built to public standards as follows:
Culet Ranch Road shall be improved as a minimum 30 foot wide public
street with parking restricted to one side only.
PAGE 12 OF RESOLUTION NO. 29-2000
This subdivision shall be responsible for the un-constructed southerly
portion of the roadway improvements including, curb and gutter and
pavement.
A 5-foot Public Utility Easement shall be offered for dedication
abutting the southerly Culet Ranch Road right-of-way.
10.
The project interior street shall be improved as substantially
Tentative Map road section labeled "Typical Street Section"
following way:
shown on
and in the
The right-of-way shall vary between 28 feet (two lanes of travel only)
to 36 feet (two lanes of travel plus parking bay). In some instances, the
entire width of the right-of-way may be 44 feet (two lanes of travel plus
parking bays facing each other across the street).
ao
A 5-foot Public Utility Easement shall be offered for dedication
abutting all street right-of-ways.
11. The proposed storm drain system shall be a public system.
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.
All wastewater shall be disposed into an existing sewer system. Sewer
disposal service shall be from the Central Contra Costa Sanitary District
(CCCSD) sewer system in accordance with the requirements of CCCSD.
,
Drainage facilities and easements shall be provided to the satisfaction of the
City Engineer and/or the Chief Engineer of the Contra Costa County Flood
Control & Water Conservation District (CCCFC & WCD).
The applicant shall reduce post-development flows to predicted pre-
development flow levels at the County line. The project shall under no
circumstances result in a peak flow rate in Alamo Creek at the County line
greater than the flow restriction of 132.3 cubic meters per second (4670 cfs),
when considering ultimate development of the watershed. This flow limit was
agreed upon by Alameda and Contra Costa Counties. The applicant shall
mitigate this project's increase in peak flow rates within Alamo Creek by
implementing one of the following measures:
PAGE 13 OF RESOLUTION NO. 29-2000
Constructing an on-site detention basin at the down gradient end of the
project site to reduce post-development flows to predicted pre-
development flow levels at the downstream project boundary and at the
County line. The preliminary design of the basin shall be based on
results from hydrology modeling which utilizes the CCCFC&WCD
model or other hydrology modeling which meets the approval of
CCCFC&WCD.
Prior to filing the first Final Map, obtain agreements and coordinate
with other developments within the Alamo Creek watershed to increase
the size and capacity of off-site detention basin(s), as necessary, to
reduce this project's post-development flows to predicted pre-
development flow levels at the County line. All off-site drainage
mitigation in conjunction with any other development within the
Alamo Creek watershed shall be subject to the review of the
CCCFC&WCD and review and approval of the Public Works
Department.
Co
Project storm water shall drain to the southern end of the project and
discharge into the Lawrence Road drainage system that runs south
down Lawrence Road and discharges into Alamo Creek. Increased
storm water run-off from this project and other development in the
Lawrence Road area that will be served by this drainage system will be
mitigated by detention facilities downstream of the Lawrence Road
area. The applicant shall form a benefit assessment district or annex
into an existing benefit assessment district to collect revenue for this
project's fair share cost of maintaining the downstream storm water
detention facilities.
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.
PAGE 14 OF RESOLUTION NO. 29-2000
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,
The applicant shall furnish proof to the City Engineer of the acquisition of all
necessary rights of entry, permits and/or easements for the construction of
off-site temporary or permanent road and drainage improvements.
10.
Electrical, gas, telephone, and Cable TV services, shall be provided
underground in accordance with the Town policies and existing ordinances.
All utilities shall be located and provided within public utility easements, sited
to meet utility company standards, or in public streets.
11.
All new utilities required to serve the development shall be installed
underground.
12.
All street, drainage or grading improvement plans shall be prepared by a
licensed civil engineer.
13.
A Storm Water Pollution Prevention Plan (SWPPP) shall be prepared as part
of the preparation of project improvement plans to assure prevention of
construction related silt and pollutants from leaving the site and polluting the
downstream water courses, The SWPPP shall supplement the erosion control
plan prepared for the project.
14.
The existing home on Lot 5, as well as the new homes to be built on Lots 1-4,
shall connect to public water and sewer facilities and pay the Lawrence Road
Benefit District fee. Connection to water and sewer shall be guaranteed
through the subdivision improvement agreement for the project.
I. MISCELLANEOUS
* 1.
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.
PAGE 15 OF RESOLUTION NO. 29-2000
Conditions of this approval may require the applicant to install public
improvements on land neither the applicant, nor the Town, has easement
rights to allow for the installation of the improvements. The applicant shall be
responsible for acquisition of said easement 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.
The project homeowners' association, through project-specific covenants,
conditions and restrictions (CC&R's), shall be responsible for maintenance of
all pedestrian ways, common landscape areas, common fencing, project
retaining walls, and common drainage facilities. 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.
* 4. Use of a private gated entrance is expressly prohibited.
* 5.
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.
A Notice of Intent (NOI) and Storm Water Pollution Prevention Plan
(SWPPP) shall be filed with the Regional Water Quality Control Board and a
copy given to the City Engineer prior to commencement of any construction
activity. A SWPPP shall be prepared as part of the preparation of project
improvement plans. The SWPPP shall supplement the erosion control plan
prepared for the project, if one is required. These documents shall also be kept
on-site while the project is under construction.
PAGE 16 OF RESOLUTION NO. 29-2000
APPROVED by the Danville Town Council at a regular meeting on March 8,
following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
C
MAYOR
2000 by the
APPROVED AS TO FORM:
CITY ATTORNEY
ATTEST:
PAGE 17 OF RESOLUTION NO. 29-2000