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HomeMy WebLinkAbout010-03RESOLUTION NO. 10-2003 APPROVING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND APPROVING FINAL DEVELOPMENT PLAN - MAJOR SUBDIVISION REQUEST SD 8610 ALLOWING A SEVEN LOT RESIDENTIAL SUBDIVISION LOCATED AT 2430 AND 2440 TASSAJARA LANE (APN: 207-061-019, 021 - SMITH/BONNELL) WHEREAS, Smith Land & Development Co. & Donald and Mary Bonnell (OWNERS) and dk Associates (APPLICANTS) have requested approval of a Preliminary Development Plan - Rezoning request PUD 2002-01 and Final Development Plan - Major Subdivision request SD 8610 to rezone a 2.29 acre site from P-l; Planned Unit Development District to a new P- 1; Planned Unit Development District and to subdivide the property into seven single family lots; and WHEREAS, the subject site is located at 2430 and 2440 Camino Tassajara and is further identified as Assessor's Parcel Numbers 207-061-019, 021; and WHEREAS, the Town of Danville P-l; 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 request; and WHEREAS, the Town of Danville Subdivision Ordinance requires approval of a tentative subdivision map prior to the recordation of a final map; and WHEREAS, the Danville Planning Commission did review the project at a noticed public hearing on June 27, 2002, and approved a resolution recommending that the Town Council approve the request; and WHEREAS, the Danville Town Council did review the project at a noticed public hearing on October 15, 2002, and continued the item to a date uncertain; and WHEREAS, the Danville Town Council did review the project at a notices public hearing on February 18, 2003; and WHEREAS, a Mitigated Negative Declaration of Environmental Significance has been prepared for the project indicating that, as amended through project modifications or recommended conditions of approval, no significant negative environmental impacts are expected to be associated with the project; 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 Mitigated Negative Declaration of Enviromnental Significance and 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 a Mitigated Negative Declaration of Environmental Significance and approves Final Development Plan - Major Subdivision request SD 8610, subject to 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. 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 seven new parcels. The density of the subdivision is physically suitable for the proposed density of development. The design of the proposed subdivision and improvements are not likely to cause substantial environmental damage or subsequently injure fish or wildlife or their habitat since this property is in an area where residential development has previously occurred. The design of the proposed subdivision and proposed improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. PAGE 2 OF RESOLUTION NO. 10-2003 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 of approval shall be complied with prior to the Town Council approval of the 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 2002-01 and Final Development Plan - Major Subdivision request SD 8610, rezoning the subject 2.29 +/- acre property from P-l; Planned Unit Development District to a new P-l; Planned Unit Development District and subdividing two existing parcels into seven single family lots. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; Vesting Tentative Map labeled "Vesting Tentative Map Subdivision 8610," (labeled Sheet i of 2) as prepared by dk Associates, Inc., dated received by the Planning Division on February, 2003. Cross Sections labeled "Creek Cross Sections," (labeled Sheet 2 of 2) as prepared by dk Associates, Inc. dated received by the Planning Division on February, 2003. Tree Survey labeled "Retention/Tree Removal Plan," as prepared by dk Associates, Inc., dated received by the Planning Division on February, 2003. Aerial Photograph labeled "Subdivision 8610, Smith/Bonnell Properties," dated received by the Planning Division on February 4, 2003. Landscape Area Analysis Exhibit, as prepared by dk Associates, dated received by the Planning Division on February, 2003. f. Landscape Schematic Plan, as prepared by dk Associates, dated PAGE 3 OF RESOLUTION NO. 10-2003 received by the Planning Division on February, 2003. Architectural Design Guidelines, dated received by the Town on February 12, 2003. The applicant shall pay any and all Town and other related fees that the property may be subject to. These fees shall be based on the current fee schedule in effect at the time the relevant permits are secured, and shall be paid prior to issuance of said permit and prior to any Town Council final approval action. Notice should be taken specifically of the Child Care Facilities fee ($2,345.00), Base Map Revision fee ($336.00), Excavation and Mitigation fee ($3,500.00), Engineering Inspection fee (5 % of cost estimate), Improvement Plan Check fee (3% of cost estimate), Map Check fee ($2,561.00), Storm Water Pollution fee ($259.00), Sycamore Valley Mitigation fee ($126,000.00), and Tri Valley Transportation fee ($11,620.00). Within thirty days of the effective date of this approval, the applicant shall reimburse the Town for notifying surrounding neighboring residents of the public hearing. The fee shall be $471 (157 notices X $0.75 per notice X 4 notifications sent). Prior to the issuance of grading or building permits, the applicant shall submit written documentation that all requirements of the San Ramon Valley Fire Protection District (SRVFPD) and the San Ramon Valley Unified School District have been, or will be, met to the satisfaction of these respective agencies. The SRVFPD's initial comments on this project are summarized in their memorandum dated January 14, 2002. The applicant shall submit to the Town of Danville fees required to file a Notice of Determination for this project as required by AB 3185. This fee shall be $1,300.00. This check shall be made payable to the Contra Costa County Recorder's Office and shall be submitted to the Town within five days of project approval. 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 PAGE 4 OF RESOLUTION NO. 10-2003 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. 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. 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 workdays. Dust-producing activities shall be discontinued during high wind periods. 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 activity in the adjoining area is komplete and the area is safe, accessible, provided with all reasonably expected services and amenities, and appropriately separated from remaining additional construction activity. PAGE 5 OF RESOLUTION NO. 10-2003 12. 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. 13. Planning Division sign-off is required prior to final building inspection sign- off by the Building Division. SITE PLANNING * 3. Ail 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. C. LANDSCAPING * 1. 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. Existing trees on the site shall be preserved as provided for in the project's Retention/Tree Removal Plan. Removal of any additional trees will be allowed only upon prior written approval from the Planning Division. A security deposit in the amount of the assessed value of the Town-protected tree(s) for which development is proposed to occur within the dripline, (calculated pursuant PAGE 6 OF RESOLUTION NO. 10-2003 to the Town's Tree Protection Ordinance) shall be posted with the Town prior to the issuance ora grading permit or building permit to maximize the probability that the affected trees will be retained in good health. The applicant shall be required to secure an appraisal of the condition and value of all affected trees. The appraisal shall be done in accordance with the then current addition of the "Guide for Establishing Values of Tree and Other Plants,' by the Council of Tree and Landscape Appraisers under the auspices of the International Society of Arboriculture. The appraisal shall be performed by a Certified Arborist, and shall be subject to review and approval by the Chief of Planning. A tree preservation agreement shall be prepared that outlines the intended and allowed use of funds posted as a tree preservation security deposit. That portion of the security deposit still held by the Town two full growing seasons after project completion shall be returned upon verification that the trees covered by the deposit are as healthy as can be provided for under the terms of the tree preservation agreement. As per the Town's Tree Preservation Ordinance, the applicant shall be required to mitigate the removal of 18 Town-protected trees by the replacement of new trees (selected from the Town's protected tree list) in a number and size equal to the cumulative diameter of the trees to be removed. The exact location of the tree mitigation planting shall be subject to review and approval by the Planning Division. The Town may consider the planting of trees off-site, in nearby pubic locations, if found necessary and appropriate by the Town. Three trees, (tree numbers 151, 154, and 163) shall be preserved and relocated on site as shown on the Retention/Tree Removal Plan prepared for the project. Survival of these trees shall be guaranteed through the submittal of a security equal to the appraised value of the trees, as required by the Tozon's Tree Preservation Ordinance. After a two year period, the Town shall inspect the trees to verify the continued health of these trees. Should any of the trees not survive, the loss of the tree(s) shall be mitigated by the Planting of additional trees as outlined within the Town's Tree Preservation Ordinance. A detailed Final Landscape Plan for project frontyard areas and the common landscape areas (on both sides of Tassajara Lane and within the required median in Tassajara Lane, and along the site's Camino Tassajara) frontage shall be submitted for review as part of the Final Development Plan for the project. The Final Landscape Plan shall be substantially consistent with the preliminary landscape plan approved as part of this project as prepared by dk Associates, dated received by the Planning Division on February, 2003. The Final Development Plan shall be subject to review and approval by the Design Review Board and Planning Commission. PAGE 7 OF RESOLUTION NO. 10-2003 The developer shall be required to install frontyard landscaping for each of the seven homes within six months of the occupancy of each respective residence. Alternatively, the individual homeowners may submit a landscape plan, which is of similar design and quality, for review and approval by the Town. Where alternate landscaping is authorized for installation, frontyard landscaping shall be installed within six months of occupancy of the affected residence. The Final Landscape Plan shall incorporate tree removal mitigation trees as required above substantially as described in the arborist's report prepared for project. Typically, the plans shall include the incorporation of at least two mitigation trees within each unit's front yard area and at least 13 trees located within the various common landscape areas required as part of this project. Concurrent with the recordation of the final map, the applicant shall record a deed notification advising future owners that the mitigation trees planted by the developer in the frontyards of the units are mitigation for removal of protected trees as part of the development, and may not be removed. Language of this deed notification shall be submitted for review and approval by the Town prior to recordation. ARCHITECTURE Homes to be built as part of this development shall be substantially consistent with the design guidelines prepared for the project. Future development of homes, , project landscaping, and other aspects of the development of this subdivision shall be subject to review and approval by the Design Review Board and Planning Commission under a separate Final Development Plan application. Future development and allowable and conditional uses within this project shall comply with the standards contained within the Town's R-7; Single Family Residential District Ordinance. For future homes to be built in this development, the maximum building height shall be two stories or 28 feet, measured to the highest ridgeline. GRADING Any grading on adjacent properties will require prior written approval of those property owners affected. PAGE 8 OF RESOLUTION NO. 10-2003 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 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). 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. Alt 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. PAGE 9 OF RESOLUTION NO. 10-2003 * 8. Stockpiles of debris, soil, sand or other materials that can be blown by the wind shall be covered. 10. 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) 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. 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 PAGE 10 OF RESOLUTION NO. 10-2003 include slurry seal, overlay or street reconstruction if deemed warranted by the City Engineer. All improvements within the public right-of-way, including curb, gutter, sidewalks, driveways, paving and utilities, shall be constructed in accordance with approved standards and/or plans and shall comply with the standard plans and specifications of the Development Services Department and Chapters XII and XXXI of the Town Code. At the time project improvement plans are submitted, the applicant shall supply to the City Engineer an up-to-date title report for the subject property. 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. 10. The applicant shall create a construction staging plan that addresses the ingress and egress location for all construction vehicles, parking and material storage areas. This plan shall be subject to review and approval by the Town prior to the issuance of a grading permit. The construction staging plan shall not utilize any portion of the nearby Creekview Subdivision or its roadway system. The applicant shall be responsible for the installation of public street improvements along the site's Camino Tassajara frontage. Public improvements that are to be the applicant's responsibility to install shall include: pavement widening; striping and signing; fire hydrants; electroliers; curb, gutter and necessary transverse and longitudinal drainage improvements; a six-foot wide meandering sidewalk; border landscaping and irrigation; architectural soundwall, and necessary pavement transitions. The installation of these improvements appears to benefit properties not under the control of the applicant. Per Town Ordinance 76-85, the applicant may apply to Town Council for the creation of a benefit district whereby the applicant may receive reimbursement from properties benefiting from the improvements, but not participating in the construction costs. The Town staff will assist in the processing of necessary documents and support the creation of a benefit district based upon an equitable distribution of costs. Prior to the recordation of the final map for the project, the applicant shall complete a focused traffic analysis to establish the threshold which triggers the need to install a PAGE 11 OF RESOLUTION NO. 10-2003 11. 12. traffic signal at the Camino Tassajara/Tassajara Lane intersection. The focused traffic analysis is subject to review and approval by the Danville Transportation Division. If the threshold for the traffic signal is triggered by this development, the developer shall be required to install the traffic signal, associated signage, striping, and any utility relocation(s) and connections, as part of this development's subdivision improvements. If the threshold for the traffic signal is not triggered by this development, then the development shall contribute its fair share of the cost for the future construction of the traffic signal and all associated improvements. Subsequent developments served by Tassajara Lane shall be required to complete an analysis prior to the recordation of their parcel maps to determine if the threshold for the traffic signal has been triggered. The traffic signal shall be installed by the development that triggers the need for the signal. The work scope for the initial focused traffic analysis and the traffic signal design shall be as prepared by the Town. The installation of these improvements appears to benefit properties not under the control of the applicant. Per Town Ordinance 76-85, the applicant may apply to Town Council for the creation ora benefit district whereby the applicant may receive reimbursement from properties benefiting from the improvements, but not participating in the construction costs. The Town staff will assist in the processing of necessary documents and support the creation ora benefit district based upon an equitable distribution of costs. Documentation that all necessary easements needed for construction of the traffic signal and all related road improvements have been obtained must be provided to the satisfaction of the Town's Traffic Engineer. The applicant shall be responsible for the improvement of Tassajara Lane, from Camino Tassajara to the intersection of this development's access street (Cross Bridge Drive as shown on the tentative map) converting the existing private street to public street standards. The improvements installed shall include a temporary hammerhead turn-around at the Tassajara Lane and Cross Bridge Drive intersection. The roadway shall be of adequate width and design to meet the minimum access requirements of the San Ramon Valley Fire Protection District, subject to review and approval by the City Engineer. Road improvements installed for this section of Tassajara Lane shall include a joint trench and water, sewer and storm drainage improvements adequately sized to handle possible future development in the Tassajara Lane area consistent with current land use designations provided for by the Danville 2010 General Plan. The installation of these improvements appears to benefit properties not under the control of the applicant. Per Town Ordinance 76-85, the applicant may apply to Town Council for the creation of a benefit district whereby the applicant may receive reimbursement from properties benefiting from the improvements, but not participating in the construction costs. The Town staff will assist in the processing of necessary documents and support the creation of a benefit district based upon an equitable distribution of costs. PAGE 12 OF RESOLUTION NO. 10-2003 13. 14. 15. 16. The design, location, construction materials and precise siting of the 2-4 foot high retaining wall that will be constructed along the east side of a section of public portion of Tassajara Lane shall be subject to review and approved by the Planning Division. The applicant shall be responsible for the construction of an approximately 225 foot long 8-10 foot wide pedestrian creek trail on the north side of Sycamore Creek adjacent to the subject development. The trail shall be graded and graveled, but not surfaced with asphalt at this time. The future completion of the trail with an asphalt finish shall be completed by subsequent developments in the area or through the benefit district planned for the area as determined appropriate by the Town. Per Town Ordinance 76-85, the applicant may apply to the Town Council for the creation of a benefit district whereby the applicant may receive reimbursement from properties benefiting from the improvements, but not participating in the construction costs. The Town staff will assist in the processing of necessary documents and support the creation of a benefit district based upon an equitable distribution of costs. The applicant shall be responsible for the construction of an architectural soundwall along the site's Camino Tassajara frontage and at the corner of Tassajara Lane and Camino Tassajara (extending 75feet +/- south from the wall's location along Camino Tassajara), pavement transitions and other typical roadway related improvements deemed necessary and appropriate during the review and approval of construction improvement drawings. At the west end of the walk at property line of the adjacent Sherman parcel, the sound walt shall be design to return to the south and step down in height to provide for an appropriate interim termination. Per Town Ordinance 76-85, the applicant may apply to Town Council for the creation of a benefit district whereby the applicant may receive reimbursement from properties benefiting from the improvements, but not participating in the construction costs. The Town staff will assist in the processing of necessary documents and support the creation of a benefit district based upon an equitable distribution of costs. The developer shall submit a sketch alignment plan for review and approval by the City Engineer showing all required private and public street improvements, and corresponding right of way dedication / acquisition, along Camino Tassajara and Tassajara Lane prior to starting work on the improvement plans. The sketch alignment plan shall be to scale and show off-site transitions, as necessary, curb lines, land striping details and cross- sections. The sketch alignment plan shall also include necessary information to show that adequate sight distance will be provided for all intersections. PAGE 13 OF RESOLUTION NO. 10-2003 17. Concurrent with the recordation of the final map for the project, the applicant shall record a deed notification to run with the title of the new lots created by this subdivision which notifies future homeowners of the planned ultimate circulation plan for the area. The ultimate circulation plan for the area includes the requirement that the temporary roadway connection within the Creekview Neighborhood to the west between Crossbridge Drive and Camino Tassajara will be closed and vehicular traffic from the Creekview neighborhood will pass through the subject development to Tassajara Lane to access Camino Tassajara. Language for this notification shall be submitted for review and approval by the Town prior to recordation of the final map. 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. The District's initial comments on this project are summarized within their memorandum dated January 23, 2002. 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 required improvements to area creeks for drainage purposes shall meet the requirements of existing Town of Danville, Contra Costa County Flood Control & Water Conservation District, the Department of Fish & Game, the Department of U.S. Fish and Wildlife, California Regional Water Quality Control Board and the United States Army Corps of Engineers codes and policies. All runoff from impervious surfaces shall be intercepted at the project boundary and shall be collected and conducted via an approved drainage method through the project to an approved storm drainage facility, as determined by the City Engineer. Development which proposes to contribute additional water to existing drainage 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. PAGE 14 OF RESOLUTION NO. 10-2003 10. 11. 12. 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 ordnances. 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. The applicant shall develop and incorporate Best Management Practices (BMP' s), such as the following, into the project design in accordance with the Town of Danville Clean Water Program for the site's storm water drainage, as found necessary/appropriate by the City Engineer: Direct storm water runoff through grassy or ungrouted rock swales before entering Sycamore Creek. The swales shall be designed at the proper gradient to effectively detain storm water runoff and allow for infiltration. Use of roof leaders, where possible, that drain across grassy landscape areas before entering the drainage systems. Use of pavers for household walkways to reduce the amount of directly connected impervious surface areas. d. Filtering inlets. e. Public Education Program. f. Thermoplastic stencils on all outlets. PAGE 15 OF RESOLUTION NO. 10-2003 13. g. Other measures appropriate to the site and watershed elements. If determined to be desirable by the applicant, and appropriate by the City Engineer, public utility connections, such as water, sewer, and storm drain, may be designed to be located within the public utility easement to be acquired over the Sherman parcel to the west, and may connect to existing public utilities within the Creek View subdivision. The final design is subject to review and approval by the City Engineer. MISCELLANEOUS The project shall be constructed as approved. Minor modifications in the design, but not the use, may be approved by the Planning Division. Any other change will require Planning Commission approval through the Development Plan review process. Conditions of this approval may require the applicant to install public improvements on land over which neither the applicant, nor the Town, has easement rights to allow for the installation of the improvements. The applicant shall be responsible for acquisition of said easement rights through private negotiations. If the applicant is unsuccessful in negotiations, the applicant shall apply to the Town for use of eminent domain powers in accordance with Town Resolution No. 78-85. All easement rights shall be secured prior to Town Council final approval of any subdivision map. All costs associated with such acquisition shall be borne by the applicant. 3. Use of a private gated entrance is expressly prohibited. The location, design and number of gang mailbox structures serving the project shall be subject to review and approval by the Design Review Board and the local Postmaster. 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 equivalent manner. PAGE 16 OF RESOLUTION NO. 10-2003 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. The applicant shall work with the appropriate governmental agencies to receive approval to clean debris from within Sycamore Valley Creek within this subdivision. The applicant shall be required to remove the debris as part of the development's subdivision improvements to the extent permitted by the governmental agencies. APPROVED by the Danville Town Council on February 18, 2003, by the following vote: AYES: NOES: None ABSTAINED: None ABSENT: None Shimansky, Arnerich, Doyle, Greenberg, Stepper APPROVED AS TO FORM: CITY ATTORNEY ATTEST: CITY CLERK PAGE 17 OF RESOLUTION NO. 10-2003