HomeMy WebLinkAbout038-03RESOLUTION NO. 38-2003
APPROVING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL
SIGNIFICANCE AND APPROVING MAJOR SUBDIVISION REQUEST SD 8641
ALLOWING THE DEVELOPMENT OF AN 8-LOT SINGLE FAMILY
RESIDENTIAL SUBDIVISION LOCATED AT 150 HILL ROAD.
· (APN: 196-330-034 -- 150 HILL ROAD)
WHEREAS, Charles and Marie O'Brien have requested approval of a Major Subdivision
request to rezone the site from R-20; Single Family Residential District to R-15; Single
family Residential District and to subdivide the 4.61 +/- acre site to allow development of 8
single family lots; and
WHEREAS, the subject site is a parcel located west of the intersection of Diablo Road and
Green Valley Road, and is further identified as Assessor's Parcel Number 196-330-034; and
WHEREAS, the Town of Danville requires approval of a Subdivision request prior to
recordation of the final map; and
WHEREAS, this Subdivision is related to Rezoning approval RZ 2002-01 as contained
within Town Ordinance 2003-04; and
WHEREAS, ~he Planning Commission did review and recommend' the Town Council '
apprOVe the project at a noticed public hearing on January 7, 2003; and
WHEREAS, the Town Council did review the project at a noticed public hearing on April
15, 2003; and
WHEREAS, a Mitigated Negative Declaration of Environmental Significance has been
prepared for the project indicating that, as modified through project revisions or
recommended conditions of approval) no significant environmental impacts are anticipated
to be associated with the project; and
WHEREAS, language contained within the Danville 2010 General Plan states that densities
of any development on the adjacent Weber site should generally be in the range of the
surrounding residential areas along Matadera Way and Blemer Road, resulting in the need
for the transition of density from the subject development to the gradually larger lots to the
west; and
WHEREAS, the public notice of this acffon 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 Town Council adopts the Mitigated Negative Declaration of
Environmental Significance and approves Major Subdivision request SD 8641, per the
conditions contained herein, and makes the following findings in support of this action:
Subdivision:
The proposed subdivision is in substantial conformance with the goals and policies
of the Danville 2010 General Plan because the site allows residential use.
The design of the proposed subdivision is in substantial conformance with the
applicable zoning regulations because the site is being rezoned to allow
development which is consistent with the underlying General Plan land use
designation; Residential - Single Family - Low Density (1-3 units per acre).
The design of the subdivision and the type of associated improvements will not
likely cause serious public health problems because water and sanitary utility
services will be available to the 7 new parcels.
The density of the subdivision is physically suitable for the subject site and
surrounding neighborhood because the density proposed is less than the allowed
density for a parcel of this size and as allowed under the 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
against any potential impact to water or biological resources.
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 because the proposed development
would create new easements for the public to gain a potential future access through
the project which currently does not exist.
CONDITIONS OF APPROVAL
Conditions of approval with an asterisk (,,,,) in the left-hand column are standard
project conditions of approval.
PAGE 2 OF RESOLUTION NO. 38-2003
Conditions of approval typed in italicized text are mitigation measures derived from the
Mitigated Negative Declaration of Environmental Significance prepared for the project.
Unless otherwise specified, the following conditions shall be complied with prior to the
Town Council approval of the initial final map for the project. Each item is subject to
review and approval by the Planning Division unless otherwise specified.
A. GENERAL
* 1.
This approval is for Major Subdivision request SD 8641 subdividing the
4.61 +/- acre site, allowing an eight lot residential development. The site is
located on a parcel with one existing single family residence west of the
intersection of Green Valley and Diablo Road (APN: 196-330-034).
Development shall be substantially as shown on the project drawings as
follows, except as may be modified by conditions contained herein;
Vesting Tentative Map, Rezoning Map, Preliminary Grading Plan,
Site Sections, Tree Survey Plan, Proposed and Existing Easements,
and Improvements labeled "Subdivision 8641," as prepared by
Aliquot and dated received by the Planning Division on March 5,
2003.
The applicant shall pay or be subject to any and all Town and other
related fees that are applicable due to the development of the site. These
fees shall be based on the current fee schedule in effect at the time the
relevant permits are secured, and shall be paid prior to issuance of said
permit and prior to any Town Council final approval action. Notice
should be taken specifically of the Base Map Revision Fee ($48/lot),
Engineering Inspection Fee (5 % of cost estimate), Excavation Mitigation
Fee ($10,400), Map Checking Fee ($2,871), North East Benefit District Fee
($106,267), Town's Child Care Facilities Fee ($335/lot), Tri-Valley
Transportation Fee ($1,711/lot), Storm Water Pollution Control Program
Fee ($39/lot), and Grading Plan Check, Inspection & Permit Fees (To be
determined) (Note: Fee amounts shown reflect fee schedule in place as of
the date of approval. Actual fee amounts to be paid may be higher,
depending on the timing of the recordation of the final map and the
issuance of building permits for the project).
Prior to the recordation of the initial final map for the project, the
applicant shall reimburse to the Town costs incurred to supply project
notification to surrounding neighboring residents. The reimbursement
PAGE 3 OF RESOLUTION NO. 38-2003
shall be $576.00, covering the costs associated for three mailed notices sent
to 192 addresses. (3 mailings X 192 notices X $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 agencies. The SRVFPD's initial comments on this project
are summarized in their memorandum dated April 17, 2002.
In the event that subsurface archeological remains are discovered during
any construction or pre-construction activities on the site, ali 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 outline appropriate mitigation measures, if they are deemed
necessary. If prehistoric archaeological deposits are discovered during
development of the site, local Native American organizations shall be
consulted and involved in making resource management decisions.
Unless otherwise authorized by the Town once construction commences,
construction activity shall be restricted to weekdays between the hours of
8:00 a.m. and 6:00 p.m. Deviation from the work hour restrictions must be
approved in writing by the City Engineer for general construction activity
and the Chief Building Official for building construction activity. Prior to
any construction work on the site, including grading, the applicant shall
install a sign with minimum dimensions of 4' x 4' at the project entry
which specifies the allowable construction work days and hours, and lists
the name and contact person for the overall project manager and all
contractors and sub-contractors, as found appropriate/necessary by the
Town.
The applicant shall provide security fencing, to the satisfaction of the City
Engineer and/or the Chief Building Official, around the site during
construction of the project.
The applicant shall require their contractors and subcontractors to fit all
internal combustion engines with mufflers that are in good condition, and
to locate stationary noise-generating equipment as far away from existing
residences as feasible.
PAGE 4 OF RESOLUTION NO. 38-2003
A watering program which incorporates the use of a dust suppressant,
and which complies with Regulation 2 of the Bay Area Air Quality
Management District shall be established and implemented for all on and
off-site construction activities. Equipment and human resources for
watering all exposed or disturbed soil surfaces shall be supplied on
weekends and holidays as well as work days. Dust-producing activities
shall be discontinued during high wind periods.
10.
Ail physical improvements shall be in place prior to occupancy of any
structure in the project. If occupancy within the project is requested to
occur in phases, all physical improvements shall be required to be in place
prior to occupancy except for items specifically excluded in a construction-
phases occupancy plan approved by the Planning Division. No structure
shall be occupied until construction activity in the adjoining area is
complete and the area is safe, accessible, provided with all reasonably
expected services and amenities, and appropriately separated from
remaining additional construction activity. A temporary vehicular
turnaround shall be provided at the end of the completed section of Ioop
roadway to allow separation of resident traffic and construction traffic.
11.
As part of the initial submittal for the grading permit plan check, the final
map plan check, the improvement plans plan check and the building
permit plan check, the applicant shall submit a written compliance report
detailing the status of compliance with project conditions of approval.
This report shall list each condition of approval followed by a description
of what the applicant has provided as evidence of compliance with that
condition. The applicant shall sign the report. The report is subject to
review and approval by the City Engineer, the Chief of Planning, or the
Chief Building Official, as applicable, and may be rejected by the Town if
it is not compliant with the conditions of approval. Additionally, the
compliance report shall be forwarded to the Planning Commission for
review.
12.
The applicant shaI1 create a construction staging plan that addresses the
ingress and egress location for all construction vehicles, parking and
material storage area. The applicant shall verify the weight limit of Hill
Road Bridge; construction equipment related to this development that
exceeds the weight limit of the bridge shall not use the Hill Road Bridge.
All ingress and egress shall be limited to Hill Road and Hill Road Bridge.
This plan shall be reviewed and approved by the Chief of Planning prior
to the issuance of a grading permit.
PAGE 5 OF RESOLUTION NO. 38-2003
13.
Planning Division sign-off is required prior to the completion of a Final
Building Inspection.
SITE PLANNING
Any on-site wells and septic systems shall be destroyed in accordance
with Contra Costa County Health Services Department - Environmental
Health Division regulations. Environmental Health Division permits and
inspections for this work shall be obtained.
Development of the site shall comply with all zoning standards contained
within the R-15; Single Family Zoning District. Land uses and conditional
uses shall also be consistent with the uses outlined in the Single Family
Residential District section of the Danville Municipal Code.
The applicant shall design and construct a six foot wide pedestrian bridge over
Green Valley Creek and parallel to Hill Road Bridge as part of this project. The
bridge shall be designed to span the creek and shall meet the requirements of the
Contra Costa County and Water Conservation District. The bridge shall include
a wood deck, self weathering steel, safety rails, and rub rails. In addition, the
approaches to the bridge shall be designed and constructed to connect with the
existing creek trail on both sides of the bridge. The bridge and the approaches to
the bridge shall be designed to meet all required handicap accessibility standards.
A public access easement shall be recorded over the full length of the pedestrian
bridge and shall be contiguous with the existing trail easements.
The pedestrian bridge that spans Green Valley Creek shall be constructed with
minimal disturbance to the creek and creek bank. The applicant shall secure
permits from California Department of Fish and Game, Contra Costa County
Flood Control District and any other agencies that govern biological resources of
Green Valley Creek. The applicant shall be required to comply with any and all
recommendations to minimize creek impacts to the satisfaction of the Town.
Documentation of compliance shall be submitted to the Town prior to recordation
of the final map.
LANDSCAPING
Final landscape and irrigation plans (with planting shown at 1" =20' scale)
shall be submitted for review and approval by the Planning Division. The
plan shall include common names of all plant materials and shall indicate
the size that various plant materials will achieve within a five year period
of time. This plan shall be subject to review and approval by the Town's
PAGE 6 OF RESOLUTION NO. 38-2003
Landscape Architect and the Planning Division prior to the issuance of a
building permit.
Ali plant material shall be served by an automatic underground irrigation
system and maintained in a healthy growing condition. Irrigation shall
comply with Town of Danville Landscape Ordinance #91-14 and
landscape guidelines and shall be designed to avoid runoff and overspray.
Proposed common maintenance lawn areas within the project shall not
exceed a maximum of 25 percent of proposed common landscaped areas.
All trees shall be a minimum of 15 gallon container size. All trees shall be
properly staked. All remaining shrubs used in the project, which are not
used as ground cover, shall be a minimum of five gallons in size.
All landscaped areas not covered by shrubs and trees shall be planted
with live ground cover. All proposed ground cover shall be placed so that
they fill in within two years.
An average of two street trees per lot (not counting "small accent trees")
shall be incorporated into the final landscape and irrigation plan for the
project.
The applicant shall plant on-site replacement trees (location to be determined by
the Town) which are of the same species and a cumulative diameter necessary to
equal the diameter of the tree(s) which are approved for removal. As a guarantee of
the preservation of the protected trees as identified in the Arborist Report, a cash
deposit shall be posted on a per tree basis as required by the Town's Tree
Protection Ordinance. For trees located within the identified creek improvement
and commonly owned areas, the Town shall retain the deposit for a period of two
full growing seasons after completion of site development activity. The deposit
will be returned upon verification of the trees' continued good health.
The applicant shall transplant Tree #213, a 7 inch diameter Valley Oak, to an
appropriate on-site location. The applicant shall preserve Tree #210, an 11 inch
diameter Valley Oak, and Tree #228, a 15 inch diameter Coast Live Oak, and Tree
#225, an 11 inch diameter Valley Oak, subject to the review and approva, l of the
Planning Division prior to issuance ora grading permit.
ARCHITECTURE
All ducts, meters, air conditioning and/or any other mechanical
equipment whether on the structure or on the ground shall be effectively
PAGE 7 OF RESOLUTION NO. 38-2003
screened from view with landscaping or materials architecturally
compatible with the main structures.
The street numbers for each structure in the project shall be posted so as to
be easily seen from the street at all times, day and night.
If tract homes are proposed to be constructed within this subdivision, the
building floor plans and elevation shall be submitted for review and
approval by the Design Review Board and Planning Commission under a
separate Development Plan application. If custom homes are proposed to
be constructed within this subdivision, design guidelines for the homes
shall be submitted for review and approval by the Design Review Board
under a separate Development Plan application. Construction of the
homes shall be consistent with the standards established as part of the
design guidelines. The Development Plan for either type of housing shall
include front yard landscaping and the location of project fencing.
If signing for the development is desired, in addition to any signs
approved as part of this application, a comprehensive sign program shall
be submitted to the Town for consideration under a separate application.
PARKING
Regulatory signage/curb painting for the roadway shall be provided, if
deemed necessary, to the satisfaction of the San Ram°n Valley Fire
Protection District and the City Engineer.
GRADING
Any grading on adjacent properties will require prior written approval of
those property owners affected.
At least one week prior to commencement of grading, the applicant shall
post the site and mail to the owners of property within 300 feet of the
exterior boundary of the project site, to the homeowners' 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
PAGE 8 OF RESOLUTION NO. 38-2003
area of responsibility. The names of individuals responsible for dust, noise
and litter control shall be expressly identified in the notice.
Development shall be completed in compliance with a detailed soils
report and the construction grading plans prepared for this project. The
engineering recommendations outlined in the project specific soils report
shall be incorporated into the design of this project. The report shall
include specific recommendations for foundation design of the proposed
buildings and shall be subject to review and approval by the Town's
Engineering and Planning Divisions.
Where soils or geologic conditions encountered in grading operations are
different from that anticipated in the soils 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 (i.e. May through October) and, if
construction does occur during the rainy season, the applicant 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. Ail new development shall be in accordance
with the Uniform Building Code and Town of Danville Ordinances.
All cut and fill areas shall be appropriately designed to minimize the
effects of ground shaking and settlement.
Stockpiles of debris, soil, sand or other materials that can be blown by the
wind shall be covered.
If toxic or contaminated soil is encountered during construction, all
construction activity in that area shall cease until the appropriate action is
determined and implemented. The concentrations, extent of the
contamination and mitigation shall be determined by the Contra Costa
County Health Department. Suitable disposal and/or treatment of any
contaminated soil shall meet all federal, state and local regulations. If
PAGE 9 OF RESOLUTION NO. 38-2003
deemed appropriate by the Health Department, the applicant shall make
provisions for immediate containment of the materials. Runoff from any
contaminated soil shall not be allowed to enter any drainage facility, inlet
or creek.
10.
11.
All grading activity shall address National Pollutant Discharge
Elimination System (NPDES) concerns. Specific measures to control
sediment runoff, construction pollution and other potential construction
contamination shall be addressed through the Erosion Control Plan (ECP)
and Storm Water Pollution Prevention Plan (SWPPP). A NPDES
construction permit may be required, as determined by the City Engineer.
To address the impact ofpotential erosion issues along Green Valley Creek in the
vicinity of proposed pedestrian bridge construction and the existing flood control
easement, the applicant shall provide an appropriate geotechnical analysis, subject
to a third party review on behalf of the Town as deemed necessary by the City
Engineer. The report shall be subject to review and approval by the City Engineer
and the Contra Costa County Flood Control and Water Conservation District,
and any other agencies with jurisdiction regarding Green Valley Creek. The
geotechnical engineer shall identify any critical areas within this section of the
creek, specifically in construction areas, that are subject to bank failures, and
make recommendations regarding preventative, bank-stabilizing measures. The
pedestrian bridge shall be designed to not cause erosion both during and after
construction.
12.
The applicant shall confer with the owners of the adjoining property to the
west to modify the proposed grading to eliminate the need for retaining
walls on Lots 2, 3, 4 and 5. If slope easements cam~ot be secured, the
retaining walls shall be installed with the total height split into two evenly
divided segments separated by a minimum 2' terraced section, subject to
review and approval by the Plam~ing Division.
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.
PAGE 10 OF RESOLUTION NO. 38-2003
All mud or dirt carried off the construction site onto adjacent streets shall
be swept each day. Water flushing of site debris or sediment or concrete
washing is expressly prohibited.
Any damage to street improvements now existing or done during
construction on or adjacent to the subject property shall be repaired to the
satisfaction of the City Engineer, at full expense to the applicant. This shall
include slurry seal, overlay or street reconstruction if deemed warranted
by the City Engineer.
* 5.
All improvements, including curb, gutter, sidewalks, driveways, paving
and utilities, shall be constructed in accordance with approved standards
and/or plans and shall comply with the standard plans and specifications
of the Development Services Department and Chapters XII and XXXI of
the Town Code. At the time project improvement plans are submitted, the
applicant shall supply to the City Engineer an up-to-date title report for
the subject property.
* 6.
Handicapped ramps shall be provided and located as required by the City
Engineer.
* 7.
A satisfactory private storm drain, v-ditch and surface drainage
maintenance agreement shall be submitted for approval of the City
Attorney prior to any Town Council final approval action.
H. INFRASTRUCTURE
* 1.
Domestic water supply shall be from an existing public water system.
Water supply service shall be from the East Bay Municipal Utility District
water system in accordance with the requirements of the district.
* 2.
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.
* 3.
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.
* 4.
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
PAGE 11 OF RESOLUTION NO. 38-2003
determined by the City Engineer. Development which proposes to
contribute additional water to existing drainage system shall be required
to complete a hydraulic study and make improvements to the system as
required to handle the expected ultimate peak water flow and to stabilize
erosive banks that could be impacted by additional storm water flow.
Roof drainage from structures shall be collected via a closed pipe and
conveyed to an approved storm drainage facility in the street curb. No
concentrated drainage shall be permitted to surface flow across sidewalks.
Any portion of the drainage system that conveys runoff from public
streets shall be installed within a dedicated drainage easement, or public
street.
If a storm drain must cross a lot, or be in an easement between lots, the
easement shall be equal to or at least double the depth of the storm drain.
The applicant shall furnish proof to the City Engineer of the acquisition of
all necessary rights of .entry, permits and/or easements for the
construction of off-site temporary or permanent road and drainage
improvements.
Electrical, gas, telephone, and Cable TV services, shaI1 be provided
underground in accordance with the Town policies and existing
ordinances. All utilities shall be located and provided within public utility
easements, sited to meet utility company standards, or in public streets,
and shall be installed underground.
10.
Ali street, drainage or grading improvement plans shall be prepared by a
licensed civil engineer.
11.
The existing above-ground utility pole (s) on Hill Road shall be removed
and replaced underground.
I. MISCELLANEOUS
* 1.
The project shall be constructed as approved. Minor modifications in the
design, but not the use, may be approved by the Development Services
Department. Any other change will require Planning Commission
approval through the Development Plan review process.
PAGE 12 OF RESOLUTION NO. 38-2003
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.
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.
All new private roads within Subdivision SD 8641 shall be maintained
solely by the owners of the lots within Subdivision SD 8641. Prior to
recordation of the final map, the applicant shall:
a. Document that all future property owners within SD 8641 are required
to participate in their fair share of the costs associated with
maintenance of Hill Road and Hill Road Bridge;
b. Conduct an inspection and document the existing condition of Hill
Road Bridge for all parties bound by the maintenance agreement to
determine the fair share of the costs to repair any damage now existing
or done during construction.
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 Town shall be made a third party beneficiary to the
sections of the CC&Rs which address applicable conditions included in
the project conditions of approval. The applicant may request an
alternative mechanism, such as a maintenance agreement, rather than a
homeowners' association for the project. The alternative may be
acceptable to the Town if it is determined as effective as an established
homeowners' association and demonstrates that the new roads within the
subdivision, Hill Road and Hill Road Bridge, would be permanently
PAGE 13 OF RESOLUTION NO. 38-2003
maintained. This alternative shall be submitted to the Town for review
and is subject to approval by the Town prior to the recordation of the final
map.
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 Planning Division
and the local Postmaster.
10.
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, de-watering 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.
As a part of the issuance of a demolition permit and/or building permit
for the project, the applicant 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 Plmming Division
with written documentation (e.g. receipts or records) indicting 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.
For lots I and 2, deed restrictions shall be recorded that notify future
property owners of the existence of a flood control easement and that no
building is allowed in the flood control easement.
Deed notifications shall be recorded that notify future property owners of
the future circulation plan that provides a connection from Blemer Road
to Matadera Way and closes Hill Road access from Diablo Road.
PAGE 14 OF RESOLUTION NO. 38-2003
11. Deed restrictions shall be recorded to notify future property owners that
Lot 1 and Lot 2 cannot be subdivided.
APPROVED by the Danville Town Council at a regular meeting on April 15, 2003 by the
following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Shimansky, Arnerich, Doyle, Greenberg, Stepper
None
None
None
/~APPROVED AS TO FORM:
¥/
CITY ATTORNEY
ATTEST:
CITY CLERK
PAGE 15 OF RESOLUTION NO. 38-2003