HomeMy WebLinkAbout100-02RESOLUTION NO. 100-2002
ADOPTING A NEGATIVE DECLARATION OF ENVIRONMENTAL
SIGNIFICANCE AND APPROVING PRELIMINARY DEVELOPMENT PLAN -
REZONING REQUEST PUD 2001-01 AND FINAL DEVELOPMENT PLAN MAJOR
SUBDIVISION REQUEST 8662 REZONING THE SITE FROM R-40; SINGLE
FAMILY RESIDENTIAL DISTRICT TO P-l; PLANNED UNIT DEVELOPMENT
DISTRICT SUBDIVIDING THE SITE AND TO ALLOW THE CONSTRUCTION OF
A NINE-UNIT CONDOMINIUM COMPLEX WITH A BONUS DENSITY
(APN: 197-100-016 - PINTADO POINT)
WHEREAS, Jim Sweeney (owner/applicant) has requested approval of a Preliminary
Development Plan - Rezoning request (PUD 2001-01), and Final Development Plan-Major
Subdivision request SD 8662, to allow the construction of a nine-unit condominium
complex on a .57 +/- acre site; and
WHEREAS, a density bonus, consistent with the provision of the Town's Density Bonus
Ordinance, is requested to increase the residential density of the project from 12 units per
acre to 15.8+/- units per acre; and
WHEREAS, as part of the density bonus, a below market rate unit would be created with a
term of affordability set at a minimum period of thirty years; and
WHEREAS, the subject site is located at the southwest corner of E1 Pinto Road and E1
Pintado Road, and is further identified as Assessor's Parcel Numbers 197-100-016; and
WHEREAS, a Negative Declaration of Environmental Significance has been prepared for
the project indicating that no significant environmental impacts are expected to be
associated with this project; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing on
July 23, 2002 and recommended that the Town Council approve the request; and
WHEREAS, the Town Council did review the project at a noticed public hearing on
September 17, 2002; and
WHEREAS, the public notice of this action was given in all respects as required by law;
and
WHEREAS, a staff report was submitted recommending that the Town Council approve
the request; and
WHEREAS, the Town Council did hear and consider all reports, recommendations, and
testimony submitted in writing and presented at the hearing and made a formal
recommendation that the Town Council approve the project; now, therefore, be it
RESOLVED that the Town Council adopt the Negative Declaration of Environmental
Significance and approve Preliminary Development Plan - Rezoning request PUD 2001-01
and Final Development Plan - Major Subdivision requests SD 8662 and DP 2001-17 per the
conditions contained herein, and makes the following findings in support of this action:
Rezoning:
The proposed rezoning will be in substantial compliance with the Danville 2010
General Plan as the site will be zoned to allow multiple family use, consistent with
the site's General Plan land use designation, where currently the site's zoning is not
in conformance with the 2010 General Plan land use destination. The manner in
which the density was calculated is consistent with how the Town calculated all
density in projects.
The uses authorized or proposed in the land use district are compatible within the
district and to uses authorized in adjacent districts. Such uses include a senior
assisted living complex is located across E1 Pinto Road to the east. A Montessori
daycare/school facility is situated across E1 Pintado Road south of the site, and large
lot single-family residential uses are located further up E1 Pinto Road and E1Pintado
Road
Community need has been demonstrated for the use proposed. The Housing
Element and the Association of Bay Area Governments identifies the Town's needs
related to multiple family housing and affordable housing. The project provided
both types of housing products to the Town, which is consistent with required
regulations.
Subdivision:
The proposed subdivision will be in substantial conformance with the goals and
policies of the Danville 2010 General Plan, as the project will create one affordable
housing unit and provide disabled access in another unit consistent with the
following Town's 2010 General Plan policies:
1.03 - Recognize the need for suitably located housing, facilities, and
services for all age groups within the community.
PAGE 2 OF RESOLUTION NO. 100-2002
4.02 - Promote the development of affordable housing at a wide range of
destinies in a variety of locations. The Town should use a variety of methods
to encourage affordable housing production.
4.05 - Protect the long-term affordability of housing units built through the
Town's affordable housing programs.
The development results in a multiple family residential development, which is
located in an appropriate location, and provides a housing type that is needed
within the Town of Danville. One of the units within this complex shall be deed
restricted to remain rented or sold at a low income level for a period of 30 years,
meeting the intent of these goals and fulfilling affordable housing requirements set
forth by the State of California. Further, one unit would be created for disabled
access, allowing individuals with special needs to be accommodated.
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 project.
The density of the subdivision is physically suitable for the proposed density of
development.
The design of the proposed subdivision and improvements are not likely to cause
substantial environmental damage or subsequently injure fish or wildlife or their
habitat since this property is in an area where residential development has
previously occurred.
The design of the proposed subdivision and proposed improvements will not
conflict with easements, acquired by the public at large, for access through or use of,
property within the proposed subdivision.
PAGE 3 OF RESOLUTION NO. 100-2002
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
issuance of a grading or building permit for the project. Each item is subject to review and
approval by the Planning Division unless otherwise specified.
A. GENERAL
This approval is for a Preliminary Development Plan - Rezoning request
PUD 2001-01 and Final Development Plan - Major Subdivision requests SD
8662 and DP 2001-17, allowing the construction of a nine-unit multi-family
condominium complex. The site is located on the northwest corner of E1
Pinto and E1 Pintado Road (APN: 197-100-016). Development shall be
substantially as shown on the project drawings as follows, except as may be
modified by conditions contained herein;
Site plan, floor plans, roof plan, architectural elevations and details, as
prepared by Chester G. Nakahara, AIA. labeled "Pintado Point,"
consisting of 16 sheets, dated received by the Planning Division on
September 9, 2002.
Conceptual'Landscape Plan as prepared by CME Associates
Landscape Architecture labeled "Pintado Point," consisting of one
sheet, dated received by the Planning Division on September 9, 2002.
Grading and Drainage plan as prepared by J.E. Schuricht & Associates
labeled "El Pintado,' consisting of two sheets, dated received by the
Planning Division on September 9, 2002.
Tentative Map as prepared by J.E. Schuricht & Associates labeled "For
Condominium Purpose SD 8662," consisting of one sheet, dated
received by the Planning Division on September 9, 2002.
This approval authorizes a density bonus, consistent with the provision of
the Town's Density Bonus Ordinance, increasing the site's maximum
allowable residential density from 12 units per acre to 15.8 units per acre.
* 3. The applicant shall pay any and all Town and other related fees that the
PAGE 4 OF RESOLUTION NO. 100-2002
property may be subject to. These fees shall be based on the current fee
schedule in effect at the time the relevant permits are secured, and shall be
paid prior to issuance of said permit and/or prior to any Town Council final
approval action. Notice shall be taken specifically of the Town's Residential
Transportation Improvement Program (TIP) fee ($12,600.00), Park Land In-
lieu fee ($18,468.00), storm water pollution fee ($604.00), SCC Regional
Transportation fee ($5,616.00), Tri-Valley Transportation fee ($10,458.00),
Excavation Mitigation Fee ($1,710.00) Child Care Facilities Fee ($1,035.00),
plan checking and inspection fees.
Prior to the issuance of a building permit, the applicant shall reimburse the
Town for notifying surrounding neighboring residents of the public hearing.
The fee shall be $ 333.00 (111 notices (public hearings and DRB) X $0.75 per
notice X 4 notices plus 42 notices (RFC) X $.75 per notice).
Prior to the issuance of grading or building permits, the applicant shall
submit written documentation that all requirements of the San Ramon Valley
Fire Protection District and the San Ramon Valley Unified School District
have been, or will be, met to the satisfaction of these respective agencies.
In the event that subsurface archeological remains are discovered during any
construction or pre-construction activities on the site, all land alteration work
within 100 feet of the find shall be halted, the Town Planning Division
notified, and a professional archeologist, certified by the Society of California
Archeology and/or the Society of Professional Archeology, shall be notified.
Site work in this area shall not occur until the archeologist has had an
opportunity to evaluate the significance of the find and to outline
appropriate mitigation measures, if they are deemed necessary. If prehistoric
archaeological deposits are discovered during development of the site, local
Native American organizations shall be consulted and involved in making
resource management decisions.
Construction activity shall be restricted to the period between the weekday
hours 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 working on the job.
PAGE 5 OF RESOLUTION NO. 100-2002
10.
11.
12.
13.
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 workdays. Dust-producing activities shall be
discontinued during high wind periods.
Ail 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.
Planning Division sign-off is required prior to the completion of a Final
Building Inspection.
All composite w~ll, window, door elements facing the freeway be of a design
and shall utilize construction materials such as to provide a maximum
interior noise level of 45 DNL. This means that the composite wall shall be of
a design and shall utilize construction such as to provide a Sound
Transmission Class of a minimum of 28 DNL. In order to meet State of
California's energy conservation requirements, all project sliding glass doors
and windows shall be dual glazed with insulating glass and sealed. (Note:
This requirement alone gives a Sound Transmission Class of 28 DNL)
Improvements shall consist of the installation of STC-35 windows and use of
an underlayer of 3/4 inch plywood (or particle board) at all exterior wall
PAGE 6 OF RESOLUTION NO. 100-2002
14.
15.
16.
17.
18.
19.
surfaces within this development, or other siding material, which provides
comparable noise attenuation.
The project shall be designed to include all recommendations identified in
the Traffic Noise Study, prepared for the project, as prepared by Bollard &
Brennan, and dated March 17, 2002.
The rental agreements shall include a disclosure statement as listed in
recommendation #2 of the above mentioned report, related to noise
attenuation levels varying while windows are open and closed.
The property owner shall create instructions for all tenants regarding the
route that moving vehicles should take when moving a tenant into the
complex. Said instructions shall direct vehicles traveling from the
southbound direction to take E1 Cerro Boulevard to La Gonda Way to E1
Pintado Road, rather than traveling on the narrow E1 Pintado Loop from E1
Cerro Blvd.
Construction vehicles traveling from the southbound direction shall be
directed to take E1Cerro Boulevard to La Gonda Way to the project site on E1
Pintado Road, rather than traveling on the narrow E1 Pintado Loop or E1 Rio
from E1 Cerro Blvd.
All rental signage shall be in compliance with the guidelines identified in the
Sign Ordinance, Section 32-98.16(a). Temporary signage as identified in the
Sign Ordinance, Section 32-98.15, is not allowed for this development.
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 applicant must sign the
report. 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. A copy of the approved Compliance Report shall be
provided to the Planning Commission.
PAGE 7 OF RESOLUTION NO. 100-2002
B. SITE PLANNING
* 1.
* 2.
* 3.
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.
LANDSCAPING
Final landscape and irrigation plans (with planting shown at 1'=20' scale)
shall be submitted for review and approval by the Plam~ing Division and the
DRB. 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.
Unless otherwise authorized, all trees shall be a minimum of 15-gallon
container size. All trees shall be properly staked. Unless otherwise
authorized, 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.
PAGE 8 OF RESOLUTION NO. 100-2002
The backflow preventor shall be located adjacent to a building and shall be
screened with landscaping.
At least 50 percent of the canopy trees and conifer trees required to be
planted as part of this project shall be 24" box size trees.
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.
Colors and materials shall be as shown on the color and material board on
file with the Planning Division.
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 pad elevations for buildings B and C shall be lowered 3+/- feet so that
the elevation of the downhill side of the building is closer to natural grade.
This may require the construction of additional retaining walls above the
buildings or splitting the pad elevation of the buildings to step the buildings
down the hill. The pad elevation for building A shall be the minimum
elevation necessary to allow for positive drainage from the site. The final
pad elevations and design shall be subject to review and approval by the
Design Review Board prior to issuance of building permits for the project.
All water and electrical meters shall be enclosed within the building. Final
design shall be subject to review and approval by the Design review Board
prior to issuance of building permits for the project.
8. ' The air conditioning condenser units shall enclosed within the building as
PAGE 9 OF RESOLUTION NO. 100-2002
shown on the approved project plans. Should the applicant determine that
the units cannot be enclosed as proposed, an alternate design which
completely screens the units from view shall be developed and shall be
subject to review and approval by the Design Review Board.
PARKING
All parking spaces shall be striped and provided with wheel stops unless
they are fronted by concrete curbs, in which case sufficient areas shall be
provided beyond the ends of all parking spaces to accommodate the
overhang of automobiles.
One on-site parking space shall be labeled and designated to each unit as a
secondary parking space for the unit, which can be used by the tenant for
personal or guest purpose. This excludes the handicap guest parking space,
which shall remain available for disabled guests.
The curb on the west side of the public portion of E1 Pinto Road from the
existing red curb north of the project site to E1 Pintado Road, shall be painted
red and/or signed to not allow parking on this side of the roadway, as
deemed appropriate by the Town's Transportation Division and the San
Ramon Valley Fire Protection District.
Garage doors utilized in the project shall be of a roll-up door design and shall
have one row of windows. The lease agreement for the project (for that
period the project is operated as a rental project) shall advise tenants that
garages are subject to inspection after giving a 24-hour notice by the rental
property operator to assure all garages remain open and available for their
intended use (i.e., that they are available for vehicle parking by the unit
occupant and are not used for storage in a manner that would preclude
placement of a vehicle in each intended parking space). Project CC&R's for
the project (if a final map is recorded for the project) shall include parallel
provisions/regulations to assure the garages are utilized for their intended
purpose.
All parking as required under the Parking Standards in the Danville
Municipal Code for the development shall be provided on-site. For each unit,
access to individual garages shall be from the on-site parking area, not off E1
Pinto Road.
PAGE 10 OF RESOLUTION NO. 100-2002
GRADING
Any grading on adjacent properties will require prior written approval of
those property owners affected.
At least one week prior to commencement of grading, the applicant shall
post the site and mail to the owners of property within 300 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.
PAGE 11 OF RESOLUTION NO. 100-2002
All cut and fill areas shall be appropriately designed to minimize the effects
of ground shaking and settlement.
Stockpiles of debris, soil, sand or other materials that can be blown by the
wind shall be covered.
If toxic or contaminated soil is encountered during construction, all
construction activity in that area shall cease until the appropriate action is
determined and implemented. The concentrations, extent of the
contamination and mitigation shall be determined by the Contra Costa
County Health Department. Suitable disposal and/or treatment of any
contaminated soil shall meet all federal, state and local regulations. If
deemed appropriate by the Health Department, the applicant shall make
provisions for immediate containment of the materials. Runoff from any
contaminated soil shall not be allowed to enter any drainage facility, inlet or
creek.
10.
All grading activity shall address National Pollutant Discharge Elimination
System (NPDES) concerns. Specific measures to control sediment runoff,
construction pollution and other potential construction contamination shall
be addressed through the Erosion Control Plan (ECP) and Storm Water
Pollution Prevention Plan (SWPPP). The SWPPP shall supplement the
Erosion Control Plan and project improvement plans. These documents shall
also be kept on-site while the project is under construction. A NPDES
construction permit may be required, as determined by the City Engineer.
STREETS
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. 100-2002
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,
driveways, paving and utilities, shall be constructed in accordance with
approved standards and/or plans and shall comply with the standard plans
and specifications of the Development Services Department and Chapters XII
and XXXI of the Town Code. At the time project improvement plans are
submitted, the applicant shall supply to the City Engineer an up-to-date title
report for the subject property.
Handicapped ramps shall be provided and located as required by the City
Engineer.
Public streets shall be improved to the standards in #G.5. above. Private
streets shall be improved to public street structural standards. Private street
improvements, and their dimensions, shall be as shown on the project plans
identified in #A.1. above and shall conform to Standard Plan 104 a & b.
Prior to the issuance of a building permit for this project, the Town's
Transportation Department shall review the traffic/circulation conditions
near the E1 Pintado/E1 Pinto intersection to determine if any additional
traffic regulatory improvements are warranted.
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 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.
Prior to the issuance of building permits for the project a detailed drainage
plan shall be submitted for review and approval by the Town. Drainage
facilities and easements shall be provided to the satisfaction of the City
PAGE 13 OF RESOLUTION NO. 100-2002
10.
11.
12.
Engineer.
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 systems 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.
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.
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.
All new utilities required to serve the development shall be installed
underground.
All street, drainage .or grading improvement plans shall be prepared by a
licensed civil engineer.
If a common carwash area is created to serve the project, the wastewater
created by washing cars shall be directed to the sewer collection system
rather than the storm water collection system, unless otherwise authorized
by the Storm Water Pollution Prevention Plan.
PAGE 14 OF RESOLUTION NO. 100-2002
BONUS DENSITY RESTRICTIONS
Per Section 32-74.9 of the Danville Municipal Code (Density Bonus
Ordinance), households with Danville residents who meet the qualificafions
for occupancy of the restricted unit shall have first preference for the
restricted occupancy unit; second preference shall be given to households
with Danville employees who meet the qualifications for occupancy of the
restricted unit; third preference shall be given to all other eligible
households.
Consistent with the requirements of the Town's Inclusionary Housing
Ordinance, in exchange for the Town granting approval of the density bonus
porfion of this development, the property owner shall be required to deed
restrict one of the nine housing units to be rented to a qualifying household
at a low income affordable rate as defined by the Town's Inclusionary
Housing Ordinance. The applicant shall enter into a formal agreement with
the Town, which specifies the maximum income of the renters and regulates
the terms of occupancy. This agreement shall be subject to review and
approval by the Danville Town Council prior to recordation of the Final Map
for the project or issuance of building permits for the project, whichever
occurs first.
A deed restriction shall be recorded for the unit in Building "C" located
above the garage area, restricting the unit to be rented as a low-income
level.When/if the development is converted into for-sale condominiums, a
separate deed restriction shall be recorded, consistent with the Town
Inclusionary Housing Ordinance, restricting this unit to be sold at a Iow
income level. This restriction shall apply for the remaining life of the 30-year
term.
MISCELLANEOUS
The project shall be constructed as approved. Minor modifications in the
design, but not the use, may be approved by staff. Any other change will
require Planning Commission approval through the Development Plan
review process.
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
PAGE 15 OF RESOLUTION NO. 100-2002
private negotiations. If the applicant is unsuccessful in negotiations, the
applicant shall apply to the Town for use of eminent domain powers in
accordance with Town Resolution No. 78-85. All easement rights shall be
secured prior to Town Council final approval of any subdivision map. All
costs associated with such acquisition shall be borne by the applicant.
The 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.
As a part of the issuance of a demolition permit and/or building permit for
the project, the developer shall submit a recycling plan for building and
construction materials and the disposition of green waste generated from
land clearing on the site. Prior to obtaining framing inspection approval for
the project, the applicant/owner shall provide the Planning Division with
written documentation (e.g., receipts or records) indicating that waste
materials created from the demolition of existing buildings and the
construction of new buildings were/are being recycled according to their
recycling plan, or in an approved equivalent manner.
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 hinited 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 may be required for projects under five acres.
6. Use of a private gated entrance for the project is expressly prohibited.
PAGE 16 OF RESOLUTION NO. 100-2002
APPROVED by the Danville Town Council at a regular meeting on September 17, 2002, by
the following vote:
AYES: Arnerich, Doyle Greenberg
NOES: Shimansky
ABSTAINED: None
ABSENT: Waldo
VICE
APPROVED AS TO FORM:
CITY ATTORNEY
ATTEST:
CITY CLERK
PAGE 17 OF RESOLUTION NO. 100-2002