HomeMy WebLinkAbout027-03RESOLUTION NO. 27-2003
APPROVING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL
SIGNIFICANCE AND APPROVING MAJOR SUBDIVISION REQUEST PUD 99-04
AND SD 8389 ALLOWING A 23
LOT RESIDENTIAL SUBDIVISION
LOCATED AT 2470 AND 2480 TASSAJARA LANE
(APN: 207-061-012, 013, 014, APORTION OF 011, AND
A PORTION OF 207-071-003 - TASSAJARA LANE)
WHEREAS, Braddock and Logan Group and Barry Gross (Applicants) have requested
approval of a Preliminary Development Plan - Rezoning request PUD 99-04 and Major
Subdivision request SD 8389 to rezone a 26.73 acre site from P-l; Planned Unit
Development District to a new P-l; Planned Unit Development District and to subdivide
the property into twenty-three single family lots; and
WHEREAS, the subject site is located at 2470 and 2480 Camino Tassajara and is further
identified as Assessor's Parcel Numbers 207-061-012, 013, 014, a portion of 011, and a
portion of 207-071-003; and
WHEREAS, the Town of Danville P-l; Planned Unit Development District Ordinance
requires approval of a Preliminary Development Plan - Rezoning prior to approval of a
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, 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 Planning Commission did review the project at a noticed public hearing on
July 9, 2002, and did recommend that the Town Council approve the request; and
WHEREAS, the Danville Town Council did review the project at a noticed public hearing
on March 18, 2003; 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; now, therefore, be it
RESOLVED that the Danville Town Council approves the Mitigated Negative Declaration
of Environmental Significance and approves Major Subdivision (PUD 99-04 and SD 8389)
request per the conditions contained herein, and makes the following findings in support
of this action:
Preliminary Development Plan - Rezoning:
The proposed rezoning will substantially comply with the Danville 2010 General
Plan since the proposed use is residential and the General Plan land use designation
allows residential uses.
The uses authorized or proposed in the land use district are compatible within'the
district and to uses authorized in adjacent districts.
Community need has been demonstrated for the use proposed and the off-site
public improvements which will be contributed to by this development.
There is no evidence before the Town that the proposed project will have potential
for an adverse effect on wildlife resources or the habitat upon which the wildlife
depends.
The proposed Planned Unit Development is in conformance with the Danville 2010
General Plan goals and Policies and the intent and direction of the previously
approved Sycamore Valley Specific Plan.
The Planned Unit Development will constitute a residential environment of
sustained desirability and stability, and will be in harmony with the character of the
surrounding existing neighborhood and the ultimate developmant planned for the
subject area.
MajOr Subdivision:
The proposed subdivision is in substantial conformance with the goals and policies
of the Danville 2010 General Plan because, in part, the site allows for residential
development of up to one unit per acre of developable land area.
The design of the proposed subdivision is in substantial conformance with the
applicable zoning regulations because the site is being rezoned to a Planned Unit
Development District designation that will direct development to be consistent with
PAGE 2 OF RESOLUTION NO. 27-2003
the site's underlying General Plan land use designation (i.e., Residential - Country
Estates - one unit per acre allowable density).
The design of the subdivision and the type of associated improvements will not
likely cause serious public health problems because, in part, the project
development will allow the introduction of water, sanitary and storm water service
to the area, will result in substantial improvement of vehicular access and
circulation for the area, will involve substantial soil and geotechnical improvements
that will serve to reduce existing hazards.
The density of the subdivision is physically suitable for the subject site and
surrounding neighborhood and is consistent with allowable density standards as
allowed for this site under the Danville 2010 General Plan.
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 because this project will be conditioned to include mitigation measures to
ensure the creek improvements proposed in the area of Sycamore Creek will limit
further erosion, provide bank stabilization, and protect environmental habitat for
fish and wildlife.
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.
Conditions of approval typed in italicized text are mitigation measures derived from the
Mitigated Negative Declaration of Environmental Significance prepared for the project.
Unless otherwise specified, the following conditions shall be complied with prior to the
Town Council approval of the initial final map for the project. Each item is subject to
review and approval by the Planning Division unless otherwise specified.
A. GENERAL
This approval is for Preliminary Development Plan- Rezoning request PUD
99-04 and Major Subdivision request SD 8389, rezoning 26.73+/- acres from a
P-l; Planned Unit Development District to a new P-l; Planned Unit
PAGE 3 OF RESOLUTION NO. 27-2003
Development District and allowing a single-family residential development
consisting of a maximum of 23 units,. Development shall be substantially as
shown on the project drawings as follows, except as may be modified by
conditions contained herein;
Vesting Tentative Map, consisting of two sheets, as prepared by dk
Associates entitled "Revision Overlay Based on City Staff Exhibit F' and
dated May, 2002.
Geotechnical Reports entitled "Preliminary Geotechnical Exploration
Tassajara Lane Danville, CA," as prepared by Engeo Incorporated, dated
November 24, 1999, January 10, 2000 and May 16, 2001 and the
Supplemental Geotechnical Exploration report dated February 20, 2002.
c. 3rd Party Geotechrdcal Review letters by Berlogar Geotechnical
Consultants dated June 16, 2000 and December 17, 2001.
d. Architectural Guidelines, prepared by the applicant, dated received by
the Planning Division March 11, 2003.
e. Oak Tree Planting Plan, prepared by Thomas Baak & Associates, dated
March 6, 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 Town's Child Care
Facilities fees ($7,705), Base Map Revision Fee ($1,035), Excavation Mitigation
Fee ($8,600) Map Checking ($3,552) Stormwater Pollution Program Fee
($851), Street Lighting Fee ($125 per lighf) Sycamore Valley Mitigation Fee
($414,000) Tri-Valley Transportation Fee ($38,180).
Within 30 days of the effective date of this entitlement, the applicant shall
reimburse the Town for notifying surrounding neighboring residents of the
public hearings associated with the project. The fee shall be $ 744.75 (three
mailings of 331 notices at $0.75 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 (SRVFPD) and the San Ramon Valley Unified School
District have been, or will be, met to the satisfaction of these respective
PAGE 4 OF RESOLUTION NO. 27-2003
agencies. The SRVFPD's initial comments on this project are summarized in
part in their memoranda dated December 29,1999, May 1, 2000, and June 5,
2001.
The applicant shall submit to the Town of Danville fees required to file a
Notice of Determination for this project as required by AB 3185. The fee shall
be $1,300. This check shall be made payable to the Contra Costa County
Recorders 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
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.
PAGE 5 OF RESOLUTION NO. 27-2003
10.
11.
12.
13.
14.
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.
Stockpiles of debris, soil, sand or other materials that can be blown by the
wind shall be covered. The developer shall be responsible for the regular
cleaning of the exterior of existing adjacent homes (in the Brookview and
Creekview and Tassajara Lane neighborhoods) as found to be necessary to
clean dust that may be generated during the construction of this project.
All physical improvements shall be in place prior to occupancy of any
structure in the project. 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 tot he review and approval of the City Engineer and Chief of
Planning.
As part of the initial submittal for the final map, 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.
The applicant shall create a construction staging plan that addresses the
ingress and egress location for all construction vehicles, parking and material
storage area. 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.
PAGE 6 OF RESOLUTION NO. 27-2003
15.
16.
Planning Division sign-off is required prior to final building inspection sign-
off of individual units developed in this project by the Building Division.
At least 60 days prior to filing a final map or issuance of grading permits, a
revised site / grading plan and related documents shall be submitted for the
review and approval by the Planning Division. The submitted plan shall
include:
The May, 2002 Vesting Tentative Map - Preliminary Development
Plan and Lot Line Adjustment shall be revised in general accord with
the following conditions of approval. Of particular note is the
direction in these project conditions of approval to expand the area
contained within the project to a total project size of 26.7+/- acres, to
be accomplished by way of a transfer of ownership of 6.94+/- acres of
the Gross property (APNs 207-061-011 ptn. and 207-071-003ptn.) into
the project boundaries. The area to be transferred is all portions of the
Gross property below the 650' contour elevation and all lands
necessary to contain the footprint of the planned debris catchment
areas that will serve the project. Development rights for this acreage
shall be dedicated to the Town of Danville, and the project
homeowners' association (HOA) shall be required to maintain the
scenic easement. This is the preferred approach to handle the long
term ownership of the subject 6.94+/- acres, to be taken to assure that
the project HOA that will be established for SD 8389 will have
appropriate control of these portions of the Gross property. If fee title
ownership of any portion of the 6.94+/- acre portion of the Gross
property is not transferred to the project HOA, the intent of this
condition shall be met through imposition of the appropriate
combination of scenic easements, right-of-entry agreements for site
grading and improvements, private landscape and slope maintenance
easements appurtenant to the project HOA, and private access and
maintenance easements pertaining to the two debris catchment areas
appurtenant to the project HOA, and the necessary easements
appurtenant to the Tseng property (APN 207-510-005), the Gross
property (APNs 207-071-003 & 207-061-011) and the Naumann
property (APN 207-071-007) acknowledging the probability of debris
flow from these adjoining properties into the debris catchment areas.
If this option is pursued, all mechanisms proposed to meet this
condition of approval shah be subject to review and approval by the
Planning Commission.
PAGE 7 OF RESOLUTION NO. 27-2003
Seven copies of the Final Grading, Hardscape, Landscape and
Irrigation Plan covering the proposed Tassajara Lane entry road plus
retaining walls and pedestrian facilities. The applicant shall provide
the Town with a suitable instrument guaranteeing the survival of the
approved plantings for a period of at least 12 months following the
Town's determination that planting and irrigation have been installed
per plans and pursuant to Town specifications.
Schedule for all common ownership slopes, drainage terraces, landscaping
and irrigation improvements, emergency vehicle access. Three copies of a
Maintenance Management System Plan and facilities, and the two debris
catchment area facilities which establishes appropriate inspection and
maintenance systems regarding the following site infrastructure elements
present of the proposed common ownership open space parcels:
Weed/fire control
Storm drainage systems
Erosion control
Natural springs (as appropriate)
Slide monitoring and repair
The plan shall be structured to assure the provision of a safe, high quality and
hazard free environment. These goals are to be achieved through a process
composed of the following activities:
Recurring site inspections
Data analysis and reporting
Action determination
Work performance
Quality assurance
The submittal shall include a debris catchment area management program
which clearly specifies the following: the design parameters for these facilities;
anticipated problems; schedule for inspection and preventative maintenance
efforts; and proposed methods of maintenance.
A budget shall be established and funded with appropriate start-up
funds from the developer to initiate the various annual maintenance
functions and long term repair functions established in the plan.
Insp. ection services shall be performed by an independent contractor /
engineer, or other party deemed acceptable to the Town, who shall be
responsible for the inspection of all systems and facilities covered by
PAGE 8 OF RESOLUTION NO. 2%2003
the plan. Maintenance services shall be performed by such party as
selected by the homeowners' association.
Three copies of a plan making adequate provision for funding project
road maintenance and establishing a maintenance cycle /
maintenance standard for roadways addressed by the plan.
Three copies of a Fencing Plan Program to address the design of
fencing on private lots and fencing proposed to be located within the
common ownership lands (that is to be maintained by the project
homeowners' association).
Seven copies of Architectural Design Guidelines including guidelines
and standards for proposed exterior materials and colors.
SITE PLANNING
o
Al1 lighting shall be installed in such a manner that lighting is generally
down directed and glare is d. irected 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.
Dimensional yard Standards for structures developed on lots in this
development shall be as follows:
Primary front yard setback:
Secondary front yard setback:
Side yard setback:
Aggregate side yard setback:
Rear yard setback:
25 feet
20 feet
Minimum 10 feet
Minimum 25 feet
Minimum 20 feet
Unless otherwise approved through a subsequent Land Use Permit
application(s), dimensional yard standards for detached secondary structures
PAGE 9 OF RESOLUTION NO. 27-2003
10.
developed on lots in this development shall be as follows:
Primary front yard setback:
Secondary front yard setback:
Side yard setback:
Rear yard setback:
65 feet
15 feet
Minimum 5 feet
Minimum 10 feet
A maximum building height of two stories or 28feet measured from averagefinished
grade shall be permitted. Structures established on Lots 19, 20, 21, 22, and 23 shall
observe a maximum building height of two stories or 24feet measured from average
finished grade, unless otherwise permitted through a site-specific Development Plan
approval. The minimum front yard setback for garages serving the units on these
three lots may be reduced to 20feet where the garage is developed with a side-load
design and where a minimum setback of 25 feet is observed for any second story
portion of the residence.
Except as otherwise specified in these conditions of approval, development
and use of residential lots shall be governed by the restrictiOns of the R-20
zoning district.
The applicant shall work with the Town of Danville and U.S. Postal Service
to determine acceptable locations for mailboxes and mail delivery, prior to
the issuance of a certificate of occupancy for the first home completed within
the subdivision.
A firebreak adjacent to open space areas shall be maintained to the satisfaction of the
San Ramon Valley Fire Protection District. This firebreak distance may include
backyard areas. The firebreak zone shall be established and maintained through
regular discing and through fuel modification through use of fire resistive and
drought tolerant plantings. Responsibility for maintenance of the firebreak zones
located on commonly owned homeowners' association property shall be with the
association. The schedule for discing, fuel modification and related firebreak
management efforts shall meet the requirements of the San Ramon Valley Fire
Protection District.
Scenic easements shall be placed over all common open space areas substantially as
shown as Parcel A on the Vesting Tentative Map dated May, 2002. A deed
notification regarding the scenic easements and associated restrictions shall be
recorded to run with the deeds of each lot. Except as otherwise approved by these
conditions of approval, no construction of structures, grading, or formal landscaping
will be allowed in these areas.
PAGE 10 OF RESOLUTION NO. 27-2003
C. LANDSCAPING
Removal and replacement of all Town-protected trees shall be in accordance with the
provisions of the Town's Tree Ordinance.
Reasonable efforts shall be made to transplant all existing trees on site ranging from
3 - 12 inches in diameter, as identified in the Hort Science arborist report.
A weed abatement program before, during, and after construction within lOOfeet of
combustible construction and 30 feet from street and property lines shall be
maintained. [n addition, where development is adjacent to wild land or open space
areas, a separate landscape plan shall be prepared for vegetation fuel modification
and/or buffer zone(s). This plan shall feature fire resistant and drought tolerant
varieties and be submitted for review and approval by the San Ramon Valley Fire
Protection District prior to the issuance of building permits.
After completing project grading that reconfigures the knoll above Lot 19 of
SD 7960 (the adjoining Creekview project), the applicant shall document to
the Town's satisfaction that a diligent effort has been made to pursue
necessary rights to extend the project's tree planting program for this portion
of the project into the adjoining portion of the knoll area located in Lot 19 (to
allow a natural appearing planting program to be provided). Maintenance of
any planting placed on Lot 19 of SD 7960 as a result of the subject
development shall be the responsibility of the property owner of Lot 19 of SD
7960.
As per the Town's Tree Preservation Ordinance, the appliCant shall be required to
mitigate the removal of all 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 public
locations, if found necessary and appropriate by the Town.
The developer shall be required to install front yard landscaping for each
residence within six months of their occupancy. Alternatively, the individual
homeowners may submit a landscape plan, which is of comparable or
superior design and quality, for review and approval by the Planning
Division. Where alternate landscaping is authorized for installation, front
yard landscaping shall be installed within six months of occupancy of the
affected residence.
PAGE 11 OF RESOLUTION NO. 27-2003
The project covenant, conditions and restrictions (CC & R's) shall prohibit the
planting of Redwood and Italian Cypress trees anywhere within the project
area.
o
A detailed Final Landscape Plan for the project entry area (A-Lane and
Tassajara Lane) and common landscape areas (i.e., the regraded "nose" area
generally located between lots 8 and 14 and the section of Parcel A across A-
Lane) shall be submitted for review as part of the Final Development Plan for
the project. The Final Development Plan shall be subject to review and
approval by the Design Review Board and Planning Commission.
The Oak Tree Planting Plan, prepared by Thomas Baak & Associates, dated
March 6, 2003, shall be incorporated into the Final Landscape Plan. The plan
shall include a variety of tree sizes not less than five gallons, interspersed
with 15 gallon size trees, and a detail of how the plan will be implemented.
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 building in the project shall be posted so as to be
easily seen from the street at all times, day and night by emergency service
personnel.
Project Architectural Design Guidelines prepared by the applicant, dated
received by the Planning Division on March 13, 2003, shall serve as a
minimum standard. Final Project Architectural Design Guidelines shall be
submitted for review and approval by the Design Review Board and
Planning Commission as part of the Final Development Plan. The Guidelines
shall be incorporatbd into the project covenants, conditions and restrictions.
The Guidelines shall specify where various building styles may be used.
Guidelines shall encourage variety and shall require that some garages be
oriented parallel to the street with the plane of their doors perpendicular to,
or at angle to, the adjacent street. Roof colors shall be limited to brown or
gray hues to better blend with the existing surroundings. Other design
measures that shall be addressed in the Guidelines include the following:
limitations on the placement of auxiliary structures; control of roof slopes for
accent or auxiliary structures; limitations on the maximum skirt height and
length; limitations on the paint scheme of fences, direction for avoidance of
PAGE 12 OF RESOLUTION NO. 27-2003
long, blank facades and stairway projections; and prohibition on the use of
crushed rock and exotic vegetation as landscape elements. The Guidelines
shall establish the review and approval authority of the Master Builder (i.e.,
the project developer) for proposed site plan layouts and preliminary
architectural proposals for individual lots in the development. The
Guidelines shall establish the review and approval authority of the Town of
Danville for each proposed new residence within this development. Each
residence shall be subject to a Development Plan, subject to review and
approval by the Planning Division and the Design Review Board. Individual
Development Plan requests may be referred to the Planning Commission for
review and action at the discretion of the Chief of Planning. All residences
and accessory structures developed within this project shall be subject to
regulations contained in the Town's Scenic Hillside and Major Ridgeline
Development Ordinance and shall be developed consistent with the intent
and requirements of the Hillside/Ridgeline Design Guidelines. Conceptual
front yard landscape and irrigation plans shall be included in the
Development Plan submittal. The Guidelines shall provide a review and
approval process through a project Architectural Review Committee (or
approved equivalent) for unit remodels, additions, repainting projects or re-
roofing projects that are undertaken after initial unit occupancies where such
work will result in a modification of the approved exterior design of the unit
in question.
The primary residential units, and any other structures proposed for
placement on Lots 19, 20, 21,22, and 23 shall be subject to a Development
Plan submittal, subject to review and approval by the Design Review Board
and the Planning Commission. Affected neighbors and interested parties
shall be provided written notification ten days in advance of both the Design
Review Board and Planning Commission meetings.
All residences within the proposed project shall be constructed with fire retardant
concrete roof tiles, or approved equivalent, to reduce the potential for significant
structure fire within the development, and the spreading of fire within the project
and / or to adjacent areas in accordance with the Town of Danville Roofing
Ordinance.
SYCAMORE CREEK MODIFICATIONS
The applicant shall be responsible for taking all reasonable efforts, as determined by
the Town, to incorporate bioengineering design to the creek improvements as
determined feasible by the City Engineer. These plans shall be reviewed by a
PAGE 13 OF RESOLUTION NO. 27-2003
bioengineer and a geomorphologist and shall be subject to review and approval by the
City Engineer prior to submittal ofa final subdivision map.
The proposed creek improvements involving the bridge construction shall be subject
to the satisfaction of Town's City Engineer, the Contra Costa County Flood Control
and Water Conservation District, the California Department offish and Game, the
U.S. Army Corps of Engineers, and the Regional Water Quality Control Board prior
to the recordation of the Final Map. Where drainage improvements are necessary
along Sycamore Creek, they shall be designed to enhance the natural appearance of
the Creek. [f rip-rapping is required, it shall utilize large, ungrouted rocks that
permit growth of grasses and other vegetation between rocks, or as required by any
agency listed above. Landscaping (through hydro-seeding and planting of native
shrubs and trees) shall be reestablished along the banks of Sycamore Creek disturbed
by the bridge construction work to enhance the appearance of this topographical
feature.
To address the impact ofpotential erosion issues along Sycamore Creek in vicinity of
proposed bridge construction efforts, the applicant shall provide an appropriate
geotechnical analysis, if deemed necessary by the Costa County Flood Control and
Water Conservation and Flood Control District (CCCFC&WCD), of the proposed
creek improvements. The report shall be subject to review and approval by the City
Engineer and the Contra Costa County Flood Control and Water Conservation and
Flood Control District and shall be subject to a third party review if deemed
necessary by the City Engineer. The geotechnical engineer shall identify any critical
areas within this section of the creek that are subject to bank failures, and make
recommendations regarding preventative, bank-stabilizing measures. Once the
geotechnical study is performed, the Town, the District, and the deveIoper shall meet
to determine what improvements are commensurate with the proposed development
or if there should be a cost share program established for the work to be performed.
Creek and bridge improvements shall be designed to not cause erosion both during
and after construction.
The developer has completed an update to a previously completed flood study. The
update, entitled "Sycamore Creek Study Tassajara Lane" was prepared by RMR
Design Group and is dated March, 2000. The developer shall document that the
design of the proposed improvemen ts meet the requirements of the flood studies to the
satisfaction of the City Engineer (after consultation with the Contra Costa County
Flood Control and Water Conservation District) prior to submittal of a final
subdivision map.
No work within the bed or banks of Sycamore Creek shall occur until a streambed
alteration agreement is executed with the Department of Fish and Game, and
necessary permits are secured from the Army Corps of Engineers and the Regional
PAGE 14 OF RESOLUTION NO. 27-2003
Water Quality Control Board. Requirements by the Department ofFish and Game
shall be noted or graphically depicted on the construction plans.
Prior to approval of final Creek Improvement Plans or the Final Map, a re-vegetation
plan for the Creek shall be submitted for review and approval by the Planning
Division, and documentation shall be provided that the plan has been reviewed and
approved by the Department ofFish and Game. The goal of the plan shall be to re-
establish mature creek vegetation within a period of three years. The re-vegetation
plan shall be evaluated as part of the project Improvement Plans and a cash or other
acceptable security to the Town Of Danville in the amount of one half the value of
the re-vegetation shall be deposited with the Town guaranteeing at least a 50 percent
survival rate of the new vegetation. The deposit may be returned after the period of
three years upon verification of the health of the new vegetation. The plans shall be
subject to modification by the Town as field conditions dictate. If determined
necessary, a drip irrigation system shall be utilized until the vegetation is
established.
7.
The applicant shall comply with ail mitigation measures contained zoithin the letter
from the CCCFCD, dated June 22, 2000, attached as Attachment R of the staff report
associated with the project.
F. BIOLOGICAL RESOURCES
The developer shall secure permits and approvals from the U.S. Army Corps of
Engineers, the U.S. Fish and Wildlife Department, California Department ofFish
and Game, the Regional Water Quality Control Board, and the Contra Costa County
Flood Control District for all improvements affecting wetlands, and for all
improvements proposed on Sycamore Creek.
o
A pre-construction survey for active nests of special-status bird species shall be
conducted during breeding season. These surveys shall be conducted within 30 days
prior to project-related disturbance to the site.
The applicant shall follow all recommendations, as outlined in the "Wildlife
Biological Assessment of the Tassajara Lane Property," prepared by Sycamore
Associates LLC, dated ]anuary 18, 2000.
If special-status bird species are found, a habitat loss mitigation plan shall be
prepared and implemented. The plan shall be subject to review and approval by the
Town and all appropriate agencies.
PAGE 15 OF RESOLUTION NO. 27-2003
G. GRADING
* 1.
Any grading on adjacent properties will require prior written approval of
those property owners affected, prior to submittal of a final subdivision map
or issuance of a grading permit.
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, rifle, 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 the "Supplemental
Geotechnical Exploration, Tassajara Lane, Subdivision 8389', prepared by
Engeo Incorporated, File No. 4674.1.003.02, dated February 19, 2002 and
construction grading plans prepared for the project. The grading plans shall
address all keyway sizing parameters and locations, buttress fills, subdrain
collection system and other geoteclmical mitigation measures as
recommended in the Supplemental Geotechnical Exploration report
prepared by Engeo, Incorporated. The grading plans shall also address
interim access considerations for existing residences impacted by the grading
operations and installation of infrastructure improvements so that
continuous access can be provided to existing residences and the Gates
landscape architecture office. Should grading operations be conducted
during the rainy season, all temporary access roads subject to a period of
relocation which are necessary to provide access to existing residences and
the Gates landscape architecture office shall consist of at least twelve inches
of Class 2 aggregate base rock underlain by a geotextile fabric. Temporary
access roads which are not subject to periodic relocation due to ongoing
construction activity shall consist of 2" AC (open grade) over twelve inches
of Class 2 aggregate base rock underlain by a geotexrile fabric. At least 45
days prior to start of construction, a neighborhood informational meeting
shall be held for those existing residences and the Gates landscape
architecture office whose access will be impacted during grading operation
and installation of utilities.
PAGE 16 OF RESOLUTION NO. 27-2003
Final subdrain facilities shall consider appropriate discharge locations.
Consideration shall be given for the need to obtain offsite easements in order
to provide positive drainage for proposed keyways and other recommended
geotechnical mitigation measures.
All recommendations outlined in the project specific soils report Shall be
incorporated into the design of this project. A supplemental report shall be
prepared to 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.
Upon completion of grading operations, the design Civil Engineer shall
prepare as-built grading plans reflecting final key locations, buttress fill
locations and subdrain locations.
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.
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
PAGE 17 OF RESOLUTION NO. 27-2003
10.
11.
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. An NPDES
construction permit may be required, as determined by the City Engineer.
Prior to final map approval, the project geotechnical reports (i.e., Geotechnical
Reports entitled "Preliminary Geotechnical Exploration Tassajara Lane Danville,
CA" dated November 24, 1999, January 10, 2000 and May 16, 2001 and the
Supplemental Geotechnical Exploration report dated February 19, 2002) and the
project tentative map (i.e., dk Associates, Inc. plans "Vesting Tentative Map -
Preliminary & Final Development Plan and Lot Line Adjustment") shall be modified
to address the findings of the third-party geologic review (i.e., Berloger Geotechnical
Consultants geotechnical-peer review letters). The third-partyfindings that are to be
addressed in the revised geotechnical reports and the revised tentative map addressed
are summarized as follows:
The tentative map shall be revised to reflect the most current recommendations
provided in the project geotechnical report. The project tentative map shows an
approximately SO-foot high, 3 horizontal to 1 vertical (3H:1 V) cut slope along the
south property line and an approximately 37-foot+l- high, 3.25H:lV fill slope along
northwest property line. In lieu of installing a mid-slope drainage bench for this 37-
foot+/- high fill slope, the developer shall install erosion control matting and
appropriate planting (which shall be maintained by the project homeozoners'
association after this section of the project open space is transferred from the
developer to the association). As required by the grading ordinance and the UBC,
these slopes shall have drainage benches every 30feet of vertical relief. (Note: The
revised geotechnical report shall address the need for drainage benches if the gradient
of the referenced cut and fill slopes is modified to be less steep than 3H:IV).
Modifications made to the design and layout of the project as a result of the revisions
PAGE 18 OF RESOLUTION NO. 27-2003
12.
13.
14.
15.
16.
to the geotechnical reports and tentative map are subject to review and approval by
the Chief of Planning. At the discretion of the Chief of Planning, the 'resultant
project modifications may be referred to the Planning Commission for review and
approval.
Prior to issuance of building permits, developer shall submit to the Town as-graded
reports prepared by the engineering geologist and the geotechnical engineer with an
as-graded map showing final plan and grades. The map shall identify all
encountered aquifers and bedrock units; zones of highly jointed and/or weathered
rock; orientation of bedding and / or other discontinuities, and location of any
seepage, fill keyways, and subdrainage material with cleanouts, outlets, and pickup
points; buttress fills with keyway location, any retaining walls installed, subdrains
and their connections, and other soil improvements installed during grading, all as
surveyed and mapped by a licensed land surveyor or civil engineer.
A grading bond is required for the work necessary to carry out the grading
plan. Developer shall provide sufficient information to estimate the cost of
required soil improvements, or a contractor's estimate.
A statement to run with deeds to parcels of the property shall be recorded
acknowledging all geotechnical reports by title, author (firm), and dates,
calling attention to recommendations and noting that the reports are
available to initial prospective buyers of the units in the project from the
developer.
Per the recommendations of the project geotechnical report, a licensed Geotechnical
Engineer shall be required to supervise site preparation and grading, and shall take
all measures necessary to ensure slope stability during construction, and shall ensure
conformance with the grading plan. The observing geotechnical engineer shall be
required to submit a final grading report documenting all work efforts performed on
the site and on adjoining parcels where either subdrain was installed or landslide
repair operations were conducted. The report shall include all backup compaction
test results, as-built keyway locations, as-built subdrain locations and any field
modifications. The final report must state that all work was completed in substantial
performance with the project Supplemental Geotechnical Exploration report dated
February 19, 2002 and all authorized modifications made in response to peer review
comments.
The findings of the geotechnical and soils report are subject to independent third-
party review, as deemed necessary by the City Engineer.
PAGE 19 OF RESOLUTION NO. 27-2003
17.
18.
19.
20.
21.
22.
Mitigation for expansive soils must be completed in accordance with the
recommendations ofa final geotechnical report, subject to a third party review, and
to the satisfaction of the City Engineer.
Project grading and related geotechnical repair work shall be substantially as shown
on the Vesting Tentative Map submittal cited in Condition of Approval #A.l.a.
above to allow contours of areas modified as a result of project grading activity to
meet existing grades in a gradual, natural appearing manner and that returns slopes
of open space and off-site areas to a natural appearance, to the satisfaction of the
Planning Division. Grading necessary to ensure safe geotechnical hazard
remediation shall be implemented. The final project grading plan shall be
substantially as shown on the Vesting Tentative Map submittal cited in Condition of
Approval #A.l.a. above to ensure it is consistent with the intent of adopted Town
policies regarding grading techniques for hillside development, including the
Grading Ordinance, the Scenic Hillside and Major Ridgeline Development
Ordinance, and the Town's Hillside/Ridgeline Guidelines. "J_Ditches- and/or mid-
slope drainage benches will need to be provided, pursuant to the requirements of the
Town's Grading Ordinance, and shall be designed and installed to the satisfaction of
the City Engineer.
Proof of securing entry for all off-site work must be provided to the
satisfaction of the City Engineer prior to commencement of any off-site work.
The final map shall designate and establish access ways for emergency and
maintenance vehicle access to all common open space areas via dedicated
easements.
Prior to the issuance of grading permits, the applicant shall retain a specialist
to assess any rodent control impacts associated with the development. If
necessary, the applicant shall develop a rodent control plan, subject to review
and approval by the Planning Division.
The Declaration of Deed Restrictions
requirements and exhibits:
shall include the following
An exhibit showing the construction record drawings of locations of'
landslide repairs made on the lots and on adjacent property above
and below the lots.
the construction record drawings of actual locations of subdrains and
their outlets and cleanouts installed.
An exhibit presenting the maintenance plan and schedule for all
drainage facilities and debris basins.
PAGE 20 OF RESOLUTION NO. 27-2003
26.
27.
The developer shall retain a licensed civil engineer to prepare lot-
specific geotechnical design parameters for foundations, retaining
walls, slabs on grade, control of on-site drainage, and mitigation of
geologic and geotechnical concerns. The lot-specific report shall be
subject to peer review by the Town's consulting geotechnical engineer
and shall be submitted in conjunction with the building permit
application (or administrative development plan application for Lots
20, 21, and 22 ).
Prior to the release of improvement bonds on any of the lots, the devdoper's
geotechnical engineer shall prepare a maintenance program for the debris
basins. The program shall be subject to review and approval by the Town's
geotechnical engineering reviewer.
Prior to the issuance of a grading permit, the developer's geotechnical
engineer shall prepare an illustrated report explaining (a) the design offsite
landslide repairs and (b) reasonably anticipated "worst-case" offsite
landslide movement and repairs in the event additional upslope landslide
material activates during excavation for the design repairs. The report shall
be subject to review and approval by the Town's geotechnical engineering
consultant. After such approval and prior to the issuance of a grading
permit, the owner shall provide a copy of the approved report to all
potentially affected neighboring property owners.
Prior to the issuance of a grading perm/t, the developer's geotechnical
engineer shall submit to the Town a program for monitoring stability of the
slope between the proposed excavation for Landslide lA and the existing
residences next to the northwest corner of the site. The program shall be
subject to review and approval by the City Engineer.
Prior to the issuance of a grading permit, the developer's geotechnical
engineer shall prepare 40-scale cross sections showing proposed mitigation
of each landslide (Landslides IA through 23A) identified on site in Figure 5
of the 2002 geotechnical report. Unless significant modifications to the
previously prepared 40-scale cross sections are necessary to reflect changes to
the project's grading design (as detailed in the construction-detail grading
plans), those previously prepared cross sections will suffice for purposes of
this condition. The cross sections shall be submitted to the Town for review
and shall be included in the approved grading plans.
Prior to the issuance of a grading permit, the developer's geotechnical
engineer shall prepare an overexcavation plan showing the proposed
PAGE 21 OF RESOLUTION NO. 27-2003
landslide debris overexcavation and keyways with subdrains. Unless
significant modifications to the previously prepared overexcavation plan are
necessary to reflect changes to the project's grading design (as detailed in the
construction-detail grading plans), that previously prepared plan will suffice
for purposes of this condition. The overexcavation plan shall be submitted to
the Town for review and shall be included in the approved grading plans.
28.
Prior to the issuance of a grading permit, the developer shall submit to the
Town a plan for providing all-weather vehicular access comparable to
existing conditions to their respective properties by current users of Tassajara
Lane during repair of landslides underlying Tassajara Lane. The plan shall
be subject to review and approval by the City Engineer. After such approval
and prior to the issuance of a grading permit, the owner shall provide a copy
of the approved plan to all neighboring property owners who use Tassajara
Lane for access to their properties.
29.
Prior to the issuance of a grading permit on any of the lots, geologic and
geotechnical hazards identified in the geoteclmical report for the project (see
conditions lb. and lc.) shall be mitigated in conformance with the
recommendations of the project geotechnical engineer and the approved
grading plan. The mitigation work during grading, particularly landslide
removal and keyway excavation at key geologic exposure milestones, or in
the event of significant unanticipated field conditions being encountered, for
purposes of observing geologic structure, shall be subject to on-site
observation and review by the Town's geotechnical engineer reviewer. The
owner's geotechnical engineer shall document their observations and test
results during grading in a report and shall submit the report to the Town.
30.
Prior to the issuance of a grading permit on any of the lots, the developer's
geotechnical engineer shall prepare a report, prepared by a licensed civil
engineer, that includes a characterization of potential soil settlements and
swells. The report shall also present appropriate geotechnical design
parameters that address these potential movements with regard to
foundations, retaining walls, slabs on grade, and site drainage. These
characterizations and parameters shall be presented (a) as part of a
geotechnical report submitted before grading, or (b) as a separate report
submitted after grading, by the developer. Unless significant modifications to
the previously~ prepared geotechnical reports are necessary to reflect changes
to the project's grading design (as detailed in the construction-detail grading
plans), those previously prepared reports will suffice for purposes of this
condition. The report(s) shall be subject to peer review by the Town's
geotechnical engineer reviewer.
PAGE 22 OF RESOLUTION NO. 27-2003
31. The costs of all reviews and on-site observations by the Town's geotechnical
engineer reviewer shall be borne by the developer.
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.
The applicant shall be responsible for the installation of street signing to the
satisfaction of 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.
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 #H.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 Plans 101, 102 and
104 a & b.
PAGE 23 OF RESOLUTION NO. 27-2003
The project conditions, covenants and restrictions ("CC&Rs") shall be
structured to address ongoing maintenance responsibilities for in-tract
private road and private storm drainage improvements. A satisfactory
private road and private storm drain maintenance agreement for off-site
improvements utilized by this project shall be submitted by the applicant for
review and approval by the City Attorney prior to submittal of a final
subdivision map. The applicant shall document that arrangements have
been made to supply a reasonable opportunity for review and comment of
the draft private road and private storm drain maintenance agreement by
potentially affected property owners, with a goal of providing equitable
distribution of responsibility for maintenance of these improvements on an
interim and long-range basis. All private road maintenance agreements shall
include provisions for regular street sweeping.
The bridge design shall be a span bridge, substantially as shown on Sheet 2 of
the project's vesting tentative map. The bridge design shall reflect a road
cross-section with a minimum clear-width dimension of 24 feet, which shall
include, unless otherwise authorized by the City Engineer, a grade-separated
pedestrian walkway with a minimum width of four feet or greater as
required by the Americans with Disabilities Act. The area for the roadway
shall be striped and maintained with two ten-foot travel lanes. An
irrevocable offer for public trail purposes shall be dedicated across the bridge
and appropriate transitional areas to accommodate the possible need to
switch the location of the interim or long-term public creek trail location
across the creek at this location.
10.
The design of the bridge, bridge abutment and construction materials and colors shall
be subject to review and approval of the Town's Planning Division.
11.
The bridge shall be constructed to the satisfaction of the City Engineer and the
Contra Costa County Flood Control and Water Conservation District. The developer
shall provide copies of all pertinent regulatory permits to the Town for the proposed
bridge construction; The City Engineer's review of the construction improvement
plans for the bridge shall take into consideration the pertinent regulatory permits
involving the bridge.
12.
A plan for temporary access over Sycamore Creek during the bridge replacement
project (providing access for emergency vehicles, residents and pedestrians) shall be
put together and implemented by the applicant. The plan shall be subject to review
and approved by the City Engineer and San Ramon Valley Fire Projection District
prior to the commencement of the bridge replacement project.
PAGE 24 OF RESOLUTION NO. 27-2003
13.
14.
15.
16.
17.
Prior to approval of the final map, written documentation that all easements,
permission to rebuild the bridge, and make all necessary improvements on
APN: 207-061-004 has been obtained, to the satisfaction of the City Engineer.
The developer shall prepare and submit a cost allocation proposal defining
their proposal to allocate fair share cost assignments for private
improvements installed by this project south of the proposed southern
terminus of the public portion of Tassajara Lane. The cost allocation
proposal shall be subject to the review and approval of the City Engineer at
least eight weeks prior to filing the final map. The approved cost allocation
proposal will be the basis for subsequent Town recommendations for cost
reimbursement to this developer by parties securing entitlements in the
Tassajara Lane area that directly benefit from the improvements installed by
this developer.
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, Tassajara Lane and the emergency vehicle access
connection serving this project that traverses Lot 19 of SD 7960 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.
Off2site public roadway widths and cross sections for Tassajara Lane shall be
generally as shown on the vesting tentative map for the project. The
improvements installed for the public portion of Tassajara Lane shall include
a standard cul-de-sac located just north of the private bridge crossing of
Sycamore Creek.
The applicant shall be responsible for the installation of public street
improvements along approximately 300 feet of street frontage along the
south side of Camino Tassajara, specifically being the frontage improvements
for the Smith and Sherman properties (respectively being APNs 207-061-019
and -020). 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; six-foot width meandering sidewalk; border
landscaping and irrigation; architectural soundwall, necessary pavement
transitions, and interim driveway improvements (as necessary). The
PAGE 25 OF RESOLUTION NO. 27-2003
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. At
the Town's discretion, installation of some or all of these improvements may
be postponed (i.e., not installed by the developer), with installation occurring
at a later date as a separate, and subsequent portion of an established fee
benefit district. If formation of a benefit district is pursued, the applicant is
advised that the district must be formed prior to installation of any public
improvements included in the district.
18.
The applicant shall be responsible for roadway modifications, for the intersection of
Tassajara Lane and Camino Tassajara, or other appropriate traffic mitigation
measures as deemed appropriate by the Town's Traffic Engineer. 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. At the Town's discretion, installation of some or all of these
improvements may be postponed.
19.
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
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
PAGE 26 OF RESOLUTION NO. 27-2003
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.
20.
The applicant shall be responsible for the improvement ora 530foot+l- section of
Tassajara Lane converting the existing private street to public street standards as
generally depicted on the vesting tentative map for the project. The improvements
installed for the public portion of Tassajara Lane shall include a standard public cul-
de-sac located just north of the private bridge crossing of Sycamore Creek. Public
improvements that are to be the applicant's responsibility to install shall include:
pavement widening; striping and signing; median island;fire hydrants; electroliers;
curb, gutter and necessary transverse and longitudinal drainage improvements;
four-foot width sidewalk approximately 225 foot long 8-10 foot wide asphalt
pedestrian creek trail on the south side of the creek adjacent to the Sherman and
Bonell properties; pedestrian border and median landscaping and irrigation
improvements (along the east side of the street and along the northerly 200feet+l- of
the west side of the street); architectural soundwall at the corner of Tassajara Lane
and Camino Tassajara (extending 75feet +/- south from the wall's location along
Camino Tassajara); pavement transitions and driveway modifications necessary to
serve properties fronting along this section of Tassajara Lane; and other, typical
roadway related improvements deemed necessary and appropriate during the review
andapprovalofconstructionimprovementdrawings. Roadimprovementsinstalled
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 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
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 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
not installed by the developer), with installation occurring at a later date as a
separate, and subsequent portion of an established fee benefit district. Ifformation of
PAGE 27 OF RESOLUTION NO. 27-2003
22.
a benefit district is pursued, the applicant is advised that the district must be formed
prior to installation of any public improvements included in the district.
The applicant shall be responsible for the installation ora replacement bridge crossing
of Sycamore Creek at Tassajara Lane. These improvements shall be substantially as
depicted on the vesting tentative map for the project, and shall include the provision
ora temporary bridge crossing to provide access across the creek while the permanent
replacement bridge is being constructed. The applicant shall also be responsible for
creek work in proximity of the bridge crossing that is necessary to allow the
installation of the bridge and to address hydraulic inadequacies of Sycamore Creek in
direct proximity to the creek crossing. The installation of these improvements
appears to benefit properties not under the control of the developer. Since the
improvements in question are not public improvements, there is not an opportunity
to create a benefit district whereby the developer could be reimbursed from properties
benefiting from the improvements. The Town will pursue an equitable distribution
of the costs of these improvements based on trip generation rates or in an alternate
manner deemed appropriate by the City Engineer. On an entitlement-by-entitlement
basis, the Town will consider imposition (through project conditions of approval) ora
requirement that a benefiting property equitably reimburse this developer for non-
standard expenses incurred as a result of the provision of these improvements.
The applicant shall be responsible for the upgrade and widening ora 1,300foot+l-
section of the private roadway portion of Tassajara Lane as generally depicted on the
vesting tentative map for the project (i.e., the section of roadway extending south of
the creek crossing to 50 feet +/- south of the proposed project entrance). The
improvements installed for the private portion of Tassajara Lane shall include:
pavement widening (to a minimum width of twenty-four feet unless otherwise
approved by the City Engineer and San Ramon Valley Fire Protection District); fire
hydrants; curb, gutter and necessary transverse and longitudinal drainage
improvements; pavement transitions and driveway modifications necessary to serve
properties fronting along this section of Tassajara Lane; associated grading and
retaining wall work; soil corrective work necessary to install the improved roadway;
and Vther, typical roadway related improvements deemed necessary and appropriate
during the review and approval of construction improvement drawings. Road
improvements installed for this section of Tassajara Lane shall include a joint trench
and water, sewer and storm drainage improvements (including a drainage outfall
into Sycamore Creek)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 developer. Since the improvements in
question are not public improvements, there is not an opportunity to create a benefit
district whereby the developer could be reimbursed from properties benefiting from
the improvements. The Town will pursue an equitable distribution of the costs of
PAGE 28 OF RESOLUTION NO. 27-2003
these improvements based on trip generation rates for costs incurred to widen the
roadway and on acreage storm run-off rates for costs incurred for storm drainage
improvements or in an alternate manner deemed appropriate by the City Engineer.
On an entitlement-by-entitlement basis, the Town will consider imposition (through
project conditions of approval) ora requirement that a benefiting property equitably
reimburse this developer for non-standard expenses incurred as a result of the
provision of these improvements.
The applicant shall be responsible for the installation ora 400foot+l- section of the off
site portion of the emergency vehicle access (EVA) connection running from the
subject property through Lot 19 of SD 7960 to the existing bridge crossing of
Sycamore Creek installed as part of SD 7960, as generally depicted on the vesting
tentative map for the project. The improvements installed for this section of the EVA
shall include: pavement (with a minimum width of twenty feet unless otherwise
approved by the City Engineer and San Ramon Valley Fire Protection District); fire
hydrants; AC berm; and other, typical roadway related improvements deemed
necessary and appropriate during the review and approval of construction
improvement drawings. Improvements installed for this section of the EVA shall
include a joint trench and water, sewer and storm drainage improvements (including
a drainage outfall into Sycamore Creek) 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
developer. Since the improvements in question are not public improvements, there is
not an opportunity to create a benefit district zohereby the developer could be
reimbursed from properties benefiting from the improvements. The Town will
pursue an equitable distribution of the costs of these improvements based on trip
generation rates for costs incurred to widen the roadway and on acreage storm run-
off rates for costs incurred for storm drainage improvements. On an entitlement-by-
entitlement basis, the Town will consider imposition (through project conditions of
approval) of a requirement that a benefiting property equitably reimburse this
developer for non-standard expenses incurred as a result of the provision of these
improvements.
The work scope for the traffic signal design is to be prepared by the Town's
Traffic Engineer and will be provided to the applicant. Prior to the design of
the signal, a.m., midday, and p.m: peak period traffic counts at the
intersection shall be conducted by the applicant on behalf of the Town.
Funding of the traffic study and signal design is the responsibility of the
applicant.
PAGE 29 OF RESOLUTION NO. 27-2003
25.
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.
26.
The design, location, construction materials and precise siting of the two- to
four-foot heigh 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
approval by the Planning Division.
27.
Stop signs shall be installed at the intersection of"A' Lane and 'B' Court, as
shown on the Vesting Tentative Map incorporated herein as Condition A.l.a.
28.
Use of a private gated entrance is expressly prohibited. Gated access for the
emergency vehicle access (EVA) road(s) shall be permitted. The design and
location of gating for EVAs shall be subject to review and approval by the
City Engineer in conjunction with the review of project improvement plans.
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. A water main
extension will be required to serve the proposed development. Any
easements required for service extension are required to be recorded prior to
recordation of the final map. The domestic water main extension shall be
terminated at the southerly subdivision boundary for futttre extension to the
remaining property owners. The applicant may request that the East Bay
Municipal Utility District prepare a determination of "front-foot" hookup
charges for those residences which could ultimately use the main extension
but are not part of the "Main Line Extension Agreement." The District's
initial comments on this project are summarized within their memorandum
dated May 2, 2000.
Sewer disposal service shall be from the Central Contra Costa Sanitary
District sewer system in accordance with the requirements of the District.
Prior to submittal of the final map, the applicant shall provide documentation that
sewer service for the subdivision has been approved by LAFCO and the Central
Contra Costa Sanitary District. District's approval may be in the form of a will-
serve letter. The proposed gravity sanitary sewer main depicted within "A' Lane
which terminates just north of proposed Lot 5 shall be extended to the subdivision
boundary at the terminus of Tassajara Lane for future extension by others.
PAGE 30 OF RESOLUTION NO. 27-2003
Geotechnica[ review for hillside sewer design shall be performed to the satisfaction of
the City Engineer.
Drainage facilities and easements shall be provided to the satisfaction of the
City Engineer and/or the Chief Engineer of the Contra Costa County Flood
Control and Water Conservation District.
10.
11.
All required improvements to area creeks for drainage purposes shall meet
the requirements of existing Town of Danville, Contra Costa County Flood
Control and 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 shallbe 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 drairtage facility in the street curb. No
concentrated drainage shall be permitted to surface flow across sidewalks or
driveways.
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 prior to
final map approval.
Electrical, gas, telephone, and cable TV services, shall be provided
underground in accordance with the Town policies m~d existing ordinances.
PAGE 31 OF RESOLUTION NO. 27-2003
12.
13.
I4.
Ail 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. Unless otherwise directed, they will need to be sized and
located to accommodate potential future surrounding development.
All street, drainage or grading improvement plans shall be prepared by a
licensed civil engineer.
During the preparation of project improvement plans and grading plans, the
developer shall investigate the feasibility of having some portion of street drainage
directed through grassy or ungrouted rock swales (i.e., "bio-swales") before entering
Sycamore Creek to meet the Regional Water Quality Control Board recommended
water quality practices as they pertain to water quality basins and/or bio-swales.
Where authorized for use, such swales shall be designed at the proper gradient to
effectively detain storm water runoff and allow for infiltration. A map showing the
bioswales shall be provided to the Contra Costa Mosquito and Vector Control
District.
15.
The clean water pond shown on the proposed vesting tentative map on
the lower portion of Parcel A above "A' Lane may be authorized for
installation generally as detailed on those plans. Final design shall be
subject to review and approval by the Town prior to recordation of the
final map. A map showing the pond shall be provided to the Contra Costa
Mosquito and Vector Control District.
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
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
PAGE 32 OF RESOLUTION NO. 27-2003
secured prior to Town Council final approval of any subdivision map. All
costs associated with such acquisition shall be borne by the applicant.
Pursuant to Government Code section 66474.9, the applicant (including the
applicant or any agent thereof) shall defend, indemnify, and hold harmless
the Town of Danville and its agents, officers, and employees from any claim,
action, or proceeding against the Town or its agents, officers, or employees to
attack, 'set aside, void, or annul, the Town's approval concerning this
application, which action is brought within the time period provided for in
Section 66499.37. The Town will promptly notify the applicant of any such
claim, action, or proceeding and cooperate fully in the defense.
A homeowners' association shall be formed for this neighborhood. The
project homeowners' association, through project-specific covenants,
conditions and restrictions (CC&Rs), shall be responsible for maintenance of
all debris-catchment areas, private roads within and accessing the
development, the private bridges, pedestrian ways, common landscape
areas, common fencing, the maintenance of project open space areas, weed
abatement 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. The CC&Rs shall also reference
the approved residential design guidelines (see Condition #D.3).
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.
The project shall conform to the Town's Inclusionary Housing for Affordable
Residential Housing Ordinance. The developer shall provide at least 10 below
market rate for-rent second units, or up to 23 below market rate for-rent second units
as defined by the Ordinance or second units to the satisfaction of the Planning
Division, subject to the Town's review and approval of the Final Development Plan.
PAGE 33 OF RESOLUTION NO. 27-2003
10.
11.
The proposed project shall cortform 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 clearfing, 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.
Prior to commencement of any site work that will result in a land disturbance
of five acres or more in area, the applicant/owner shall submit evidence to
the Town that the requirements for obtaining a State General Construction
Permit have been met. Such evidence may be the copy of the Notice of Intent
(NOI) sent to the State Water Resources Control Board. Additionally, the
applicant/owner shall submit evidence that the requirements for obtaining
the U.S. Army Corps of Engineers 404 Permit, the State Water Resources
Control Board's 401 Certification, and the California Department of Fish and
Game's Streambank Alteration Agreement have been or will be met. Such
evidence may be a copy of the permit(s)/agreement and/or a letter from the
applicant/owner stating the above permit(s) are not required for the subject
project.
If the project is over five acres in size, 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.
The development open space area below Lots 20-22, and 11, shall be
coordinated with the adjacent existing open space area associated with the
Brookview neighborhood to result in a larger shared open space area. The
existing fence on the property line between the two open space areas shall be
removed. The final landscape plan shall include significant tree planting in
this area, on both open space areas, with input from the Brookview
homeowners' association, subject to review and approval by the Design
PAGE 34 OF RESOLUTION NO. 27-2003
Review Board. Developer shall demonstrate that the proposal to remove the
fence and to plant trees in both open space areas has been presented to the
Brookview homeowner's association and that a diligent effort has been made
to secure the requisite approvals necessary from the association to do this off-
site work.
APPROVED by the Danville Town Council at a regular meeting on March 18, 2003 by the
following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Shimansky, Arnerich, Doyle, Greenberg, Stepper
None
None
None
~__APPROVED AS TO FORM:
CITY ATTORNEY
ATTEST:
CITY CLERK
PAGE 35 OF RESOLUTION NO. 27-2003