HomeMy WebLinkAbout073-03RESOLUTION NO. 73-2003
APPROVING THE ADOPTION OF A NEGATIVE DECLARATION OF
ENVIRONMENTAL SIGNIFICANCE AND APPROVAL OF ORDINANCE NO.
2003-06, APPROVING GENERAL PLAN AMENDMENT REQUEST GPA 2002-02,
PRELIMINARY DEVELOPMENT PLAN - REZONING REQUEST PUD 2002-03,
REZONING A THREE +/- ACRE SITE FROM P-l; PLANNED UNIT
DEVELOPMENT DISTRICT TO A NEW P-l; PLANNED UNIT DEVELOPMENT
DISTRICT AND APPROVING FINAL DEVELOPMENT PLAN - MAJOR
SUBDIVISION REQUEST SD 8624 ALLOWING A 21-LOT RESIDENTIAL
SUBDIVISION LOCATED AT 100 CENTER COURT
WHEREAS, Standard Pacific has requested approval of a General Plan Amendment,
Preliminary Development Plan - Rezoning and Final Development Plan - Major
Subdivision application to amend the site's General Plan land use designation from Public
and Open Space - Public and Semi Public to Residential - Single/Multiple Family - Low
Density (4-7 units per acre), to rezone the site from P-l; Planned Unit Development District
to a new P-l; Planned Unit Development District, and to subdivide the 3 +/- acre site to
allow development of 21' single family lots; and
WHEREAS, the subject site is located at 100 Center Court, and is further identified as
Assessor's Parcel Number 206-010-048; and
WHEREAS, the Town of Danville P-l; Planned Unit Development District Ordinance
requires approval of a Preliminary Development Plan - Rezoning request prior to the
approval of a Final Development Plan - Major Subdivision application; and
WHEREAS, the proposed General Plan Amendment would not cause to convert a non-
urbanized to an urbanized land use; and
WHEREAS, the proposed General Plan Amendment would not cause to generate a higher
level of trip generation than the previously designated land use; and
WHEREAS, the proposed General Plan Amendment would not violate applicable section
3.7.3 of the Dougherty Valley Settlement Agreement; and
WHEREAS, the proposed General Plan Amendment would be consistent with the
provisions of the Dougherty Valley Settlement Agreement; and
WHEREAS, the consistency with the Dougherty Valley Settle Agreement is the applicable
Recommended Actions to achieve the Traffic Service Objective established for Camino
Tassajara in the Tri-Valley Transportation Plan/Action Plan for Routes of Regional
Significance; and
WHEREAS, the proposed General Plan Amendment would be consistent with the Tri-
Valley Transportation Plan/Action Plan for Routes of Regional Significance; and
WHEREAS, the consistency with the Tri-Valley Transportation Plan/Action Plan for
Routes of Regional Significance constitutes a maintenance of compliance with Measure C;
and
WHEREAS, the Planning Commission did review the project at a noticed public hearing on
May 13, 2003, and approved a resolution recommending that the Town Council approve
the request; and
WHEREAS, the Town Council did hear and consider all reports, recommendations, and
testimony submitted in writing and presented at the hearing; and
WHEREAS, a Negative Declaration of Environmental Significance has been prepared for
the project indicating that no significant environmental impacts are anticipated to be
associate with the project; and
WHEREAS, the public notice of this action was given in all respects as required by law;
and
WHEREAS, a staff report was submitted recommending that the Town Council approve
the request; and now, therefore, be it
RESOLVED that the Town Council of the Town of Danville approve General Plan
Amendment request GPA 2002-02, Preliminary Development Plan - Rezoning request PUD
2002-03, and Final Development Plan - Major Subdivision request DP 2002-24 & SD 8624
per the conditions contained herein, and makes the following findings in support of this
action:
General Plan Amendment
1. The General Plan Amendment is consistent with the Goals and Policies of the 2010
General Plan, specifically policies 1.06, 1.08, 11.07 & 11.09.
PAGE 2 OF RESOLUTION 73-2003
2. The General Plan Amendment will not adversely effect the preservation of present
aesthetics and other community qualities.
3. The General Plan Amendment will not adversely 'affect the Town's ability to
maintain high-quality public facilities and services.
4. The General Plan Amendment will not adversely affect the quality of life within
existing developed areas of the community because the community around the
project is developed with a similar use.
5. The General Plan Amendment will not adversely affect the harmony between
Danville's development and it's physical setting.
Preliminary Development Plan - Rezoning:
1. The proposed Rezoning will substantially comply with the Danville 2010 General
Plan.
2. The uses authorized or proposed in the land use district are compatible within the
district and to uses authorized in adjacent districts.
3. Community need has been demonstrated for the use proposed.
Final Development Plan - Major Subdivision:
1. The proposed subdivision is in substantial conformance with the goals and policies
of the Danville 2010 General Plan.
2. The design of the proposed subdivision is in substantial conformance with the
applicable zoning regulations.
3. The design of the subdivision and the type of associated improvements will not
likely cause serious public health problems because water and sanitary facilities
services will be available to the 21 new parcels.
4. The density of the subdivision is physically suitable for the subject site and
surrounding neighborhood.
5. The design of the proposed subdivision and improvements are not likely to cause
substantial environmental damage or subsequently injure fish or wildlife or their
habitat since this property is in an area where development has previously
occurred.
PAGE 3 OF RESOLUTION 73-2003
The design of the proposed subdivision and proposed improvements will not
conflict with easements, acquired by the public at large, for access through or use of,
property within the proposed subdivision.
CONDITIONS OF APPROVAL
Conditions of approval with an asterisk (,,,) in the left-hand column are standard project
Conditions of Approval.
Unless otherwise specified, the following conditions shall be complied with prior to the
Town Council approval of the initial final map for the project. Each item is subject to
review and approval by the Planning Division unless otherwise specified.
A. GENERAL
* 1.
This approval is for General Plan Amendment request GPA 2002-02,
Preliminary Development Plan - Rezoning request PUD 2002-03, and Final
Development Plan - Major Subdivision request DP 2002-24 & SD 8624,
amending the site's General Plan land use designation from Public and Open
Space - Public and Semi Public to Residential - Single/Multiple Family - Low
Density (4-7 units per acre), and rezoning the site from P-l; Planned Unit
Development District to a new P-l; Planned Unit Development District and
subdividing the 3+/- site allowing a 21 residential unit development. The
site is located at 100 Center Court (APN: 206-010-048). Development shall be
substantially as shown on the project drawings as follows, except as may be
modified by conditions contained herein;
Vesting Tentative Map, Preliminary Grading Plan, and site sections
labeled "Tassajara Cottages Subdivision 8624," as prepared by RMR
Design Group and dated received by the Planning Division on April
18, 2003.
Preliminary Landscape Plan labeled "Tassajara Cottages Subdivision
8624," as prepared by RMR Design Group - Landscape Architect and
dated received by the Planning Division on April 18, 2003.
Site Plan, Architectural Elevations and Floor Plans labeled "Tassajara
Cottages Subdivision 8624," as prepared by Bassenian Lagoni
Architects, Inc., and dated received by the Planning Division on April
18, 20O3.
PAGE 4 OF RESOLUTION 73-2003
Letter submitted to the Town of Danville by Standard Pacific and
property owner John Wright, dated May 7, 2003, committing to pay
fees in the amount of $400,000 to be used to provide childcare use in
an alternate location.
The applicant shall pay or be subject to any and all Town and other related
fees, which 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 Town's Child Care Facilities ($7,035), Tri-Valley
Transportation Fee ($36,540), Flood Control & Water Conservation District
(Drainage Areas and Mitigation), Plan Checking, and Inspection Fee, and all
other fees summarized in a memo dated March 31, 2003 and kept on file with
the Town of Danville.
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 shall be $1,185.00,
covering the costs associated for four mailed notices sent to 395 addresses.
Prior to the issuance of grading or building permits, the applicant shall
submit written documentation that all requirements of the San Ramon Valley
Fire Protection District and the San Ramon Valley Unified School District
have been, or will be, met to the satisfaction of these respective agencies.
Within ten days of final project approval, the applicant shall submit to the
Town of Danville fees required to file a Notice of Determination for this
project ($25.00). This check shall be made payable to "Contra Costa County
Clerks" Department, but submitted to the Town of Danville.
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
any resource management decisions.
PAGE 5 OF RESOLUTION 73-2003
10.
11.
Unless otherwise authorized by the Town once construction commences,
construction activity shall be restricted to weekdays between the hours of
7:30 a.m. and 5:30 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 3' x 3' 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, which are in good condition, and
to locate stationary noise-generating equipment as far away from existing
residences as feasible.
A watering program which incorporates the use of a dust suppressant, and
which complies with Regulation 2 of the Bay Area Air Quality Management
District shall be established and implemented for all on and off-site
construction activities. Equipment and human resources for watering all
exposed or disturbed soil surfaces shall be supplied on weekends and
holidays as well as workdays. Dust-producing activities shall be
discontinued during high wind periods. Depending on the effectiveness of
these dust control measures, the applicant may be required to wash the
existing adjacent housing unit in the Heritage Park Subdivision, to be
determined by the Planning Division.
All physical improvements shall be in place prior to occupanc~ 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 loop roadway to allow separation of
resident traffic and construction traffic.
PAGE 6 OF RESOLUTION 73-2003
12.
As part of the initial submittal for the final map plan and improvement plans
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
may be applicable, and may be rejected by the Town if it is not
comprehensive with respect to the applicable conditions of approval.
13.
Planning Division sign-off is required prior to the completion of a Final
Building Inspection.
14.
Prior to the issuance of grading permits, the applicant shall retain a specialist
to assess any rodent control impacts associated with grading activity and
installation of subdivision improvements related to the development. If
necessary, the applicant shall develop a rodent control plan for this time
period, subject to review and approval by the Planning Division.
15.
A deed notification shall be recorded on all the parcels and identified in the
Covenant Codes and Restrictions (CC&R's) that access to the open space
from rear yard areas is prohibited.
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 permit and inspections
for this work shall be obtained.
Prior to recordation of the final map for the project, the applicant shall
develop language to be included as part of the Covenants, Conditions, and
Restrictions (CC & Rs) for the project which sets specific standards to
regulate setback requirements related to the construction of accessory
structures (e.g., gazebos, hot tubs, storage sheds), the construction of
structures attached to the home (e.g., decks, patio covers and trellises), and
additions to the home. The language shall be submitted for review and
approval by the Town prior to recordation of the final map.
A lot line adjustment shall be submitted for review and approval by the
Town of Danville for the entrance area to the project site that is offsite, as
depicted on the Tentative Map, prior to the recordation of the Final Map.
PAGE 7 OF RESOLUTION 73-2003
The developer shall be required to make a diligent effort, working with the
Heritage Park HOA and the residents adjacent to and east of Lot 21, to execute a
lot line adjustment to transfer ownership of the small portion of land between
the adjacent property owners and the subject development to the adjacent
homeowner. Documentation of this effort, or recordation of the lot line
adjustment, shall be required before, or concurrent with the recordation of the
final map for this project.
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.
All plant material shall be served by an automatic underground irrigation
system and maintained in a healthy growing condition. Irrigation shall
comply with Town of Danville Landscape Ordinance #91~14 and landscape
guidelines and shall be designed to avoid runoff and overspray. Proposed
common maintenance lawn areas within the project shall not exceed a
maximum of 25 percent of proposed common landscaped areas.
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.
All new fences within this project shall include 2"x 8' pressure treated
kickboards and shall utilize pressure treated Douglas Fire fence posts. In
addition, the bottom rail and top rail shall be constructed of 2"x 4' boards
with l"x 1' nailers on each side of the fence boards, rather than using dadoed
2"x 4" top and bottom rails.
PAGE 8 OF RESOLUTION 73-2003
The project's homeowners' association shall maintain the park site, the
project entrance, the lawns of the front yard areas for all parcels, and other
common landscaped area.
All front yard and frontage landscaping, and property line fencing shall be
installed by the developer and maintained by individual property owners,
except as noted above. All landscaping shall be installed within 90 days of
occupancy of the unit on the lot.
The applicant shall submit a security deposit acceptable to the Town
guaranteeing that common area trees and accent trees to be planted as part of
this development shall survive for at least two growing seasons. After two
years, the Town shall inspect the trees and require any trees that did not
survive to be replanted. Provisions for the ongoing maintenance and
replacement when necessary shall be included in the CC&R's for the project.
10.
The applicant shall make every effort to work with the Meridian
Homeowner's Association to obtain rights to install landscaping on the
HOA's open space to assist in further screening the project from the
Meridian Development.
11.
The applicant shall plant evergreen trees (excluding redwood trees) along the
western portion of the development between units 8 & 9 and the adjacent
property line. The tree specie shall be reviewed and approved by the Town
of Danville as part of the final landscape plan.
ARCHITECTURE
All ducts, meters, air conditioning and/or any other mechanical equipment
whether on the structure or on the ground shall be effectively screened from
view with landscaping or materials architecturally compatible with the main
structures.
The street numbers for each structure in the project shall be posted so as to be
easily seen from the street at all times, day and night.
Samples of final materials and the proposed color palette shall be submitted
for review and approval by the Design Review Board prior to the issuance of
building permits for the project.
Final architectural elevations, details and revisions shall be submitted for
review and approval by the Design Review Board prior to issuance of
building permits for the project.
PAGE 9 OF RESOLUTION 73-2003
10.
11.
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 and the Design Review Board for consideration under a separate
application.
The project covenants, conditions and restrictions shall provide a review and
approval process for any proposed repainting or reroofing of exteriors of the
units in this project.
Colors and materials for the project shall be substantially consistent with the
three color and material boards prepared for the project, as prepared by
William Bassenian Lagoni Architects, on file with the Planning Division and
as displayed at the public hearings for this item.
Project CC&R's shall include the requirement for the formation of an
architectural review committee which shall have design review authority
over: repainting; reroofing; changes to front yard or street side yard
landscaping; accessory structures in the rear yard or side yard; any additions
or modifications to approved project architecture.
The elevation treatment for Plan 1 on Lot 8 and Plan 2 on Lot 9 shall be
modified to the farmhouse elevation. The height of these units shall not
exceed 27 feet from grade.
Building heights for all units shall be depicted on the final project plans as
measured from grade.
Roof tile color selection for schemes 6 & 7 shall be deleted and replaced with
alternate natural browner tones. The new roof tile selections shall be subject
to review and approval by the Design Review Board, prior to the issuance of
a building permit.
PARKING
Regulatory signage/curb painting for the non-parking side of the interior
loop roadway shall be provided, if deemed necessary, to the satisfaction of
the San Ramon Valley Fire Protection District and the City Engineer.
Project CC&R's shall include a requirement that all garages in the
development be maintained to allow the parking of two vehicles. CC&R's
shall provide a mechanism allowing the homeowners' association to fine
homeowners who are in violation of this requirement.
PAGE 10 OF RESOLUTION 73-2003
F. GRADING
* 1.
* 2.
* 3.
* 4.
* 5.
* 6.
Any grading on adjacent properties will require prior written approval of
those property owners affected.
At least one week prior to commencement of grading, the applicant shall
post the site and mail to the owners of property within 300 feet of the exterior
boundary of the project site, to the homeowner associations of nearby
residential projects and to the Town of Danville Development Services
Department, a notice that construction work will commence. The notice shall
include a list of contact persons with name, title, phone number and area of
responsibility. The person responsible for maintaining the list shall be
included. The list shall be kept current at all times and shall consist of
persons with authority to initiate corrective action in their area of
responsibility. The names of individuals responsible for dust, noise and litter
control shall be expressly identified in the notice.
Development shall be completed in compliance with a detailed soils report
and the construction grading plans prepared for this project. The
engineering recommendations outlined in the project specific soils report
shall be incorporated into the design of this project. The report shall include
specific recommendations for foundation design of the proposed buildings
and shall be subject to review and approval by the Town's Engineering and
Planning Divisions.
Where soils or geologic conditions encountered in grading operations are
different from that anticipated in the soil report, a revised soils report shall
be submitted for review and approval by the City Engineer. It shall be
accompanied by an engineering and geological opinion as to the safety of the
site from settlement and seismic activity.
All development shall take place in compliance with the Town Erosion
Control Ordinance (Ord. 91-25). Restrictions include limiting construction
primarily to the dry months of the year (May through October) and, if
construction does occur during the rainy season, the developer shall submit
an Erosion Control Plan to the City Engineer for review and approval. This
plan shall incorporate erosion control devices such as, the use of sediment
traps, silt fencing, pad berming and other techniques to minimize erosion.
All new development shall be consistent with modern design for resistance
to seismic forces. All new development shall be in accordance with the
Uniform Building Code and Town of Danville Ordinances.
PAGE 11 OF RESOLUTION 73-2003
All cut and fill areas shall be appropriately designed to minimize the effects
of ground shaking and settlement.
Stockpiles of debris, soil, sand or other materials that can be blown by the
wind shall be covered.
If toxic or contaminated soil is encountered during construction, all
construction activity in that area shall cease until the appropriate action is
determined and implemented. The concentrations, extent of the
contamination and mitigation shall be determined by the Contra Costa
County Health Department. Suitable disposal and/or treatment of any
contaminated soil shall meet all federal state and local regulations. If
deemed appropriate by the Health Department, the applicant shall make
provisions for immediate containment of the materials. Runoff from any
contaminated soil shall not be allowed to enter any drainage facility, inlet or
creek.
10.
All grading activity shall address National Pollutant Discharge Elimination
System (NPDES) concerns. Specific measures to control sediment runoff,
construction pollution and other potential construction contamination shall
be addressed through the Erosion Control Plan (ECP) and Storm Water
Pollution Prevention Plan (SWPPP). A NPDES construction permit may be
required, as determined by the City Engineer.
11.
The final pad elevations for the lots within this development, to be depicted
on the final map and final grading plan for the project, may deviate a
maximum of one-foot from the elevations shown on the approved tentative
map for the project.
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 12 OF RESOLUTION 73-2003
10.
11.
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.
Handicapped ramps shall be provided and located as required by the City
Engineer.
Public streets shall be improved to the standards in #G.5. above. Private
streets shall be improved to public street structural standards. Private street
improvements, and their dimensions, shall be as shown on the project plans
identified in #A.1. above and shall conform to Standard Plan 104 a & b.
A satisfactory private road and private storm drain maintenance agreement
shall be submitted for approval of the City Attorney prior to any Town
Council final approval action. All private road maintenance agreements
shall include provisions for regular street sweeping.
The Project shall be required to install a speed control device, designed as a
decorative raised pavement surface with a span of 12 +/- feet in length,
located along the primary access into the subdivision, near the eastern
boundary of the private park site. The speed control device shall be included
on the Project Improvement Plans. Final location of the speed control shall
be determined by the Transportation Division.
The Project shall be required to stripe curbs and install any necessary parking
or circulation signage, as determined by the Transportation Division.
Prior to the approval of the Improvement Plans, Danville Transportation
Division shall review and approve the location, type and design of the speed
control device, as well as the locations and number of signage and striping.
Prior to issuance of Building Permits, the speed control device and all
signage and striping shall be installed as shown on the Improvement Plans.
PAGE 13 OF RESOLUTION 73-2003
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.
Ail runoff from impervious surfaces shall be intercepted at the project
boundary and shall be collected and conducted via an approved drainage
method through the project to an approved storm drainage facility, as
determined by the City Engineer. Development which proposes to contribute
additional water to existing drainage system shall be required to complete a
hydraulic study and make improvements to the system as required to handle
the expected ultimate peak water flow and to stabilize erosive banks that
could be impacted by additional storm water flow.
Roof drainage from structures shall be collected via a closed pipe and
conveyed to an approved storm drainage facility in the street curb. No
concentrated drainage shall be permitted to surface flow across sidewalks.
Any portion of the drainage system that conveys runoff from public streets
shall be installed within a dedicated drainage easement or public street.
If a storm drain must cross a lot, or be in an easement between lots, the
easement shall be equal to or at least double the depth of the storm drain.
The applicant shall furnish proof to the City Engineer of the acquisition of all
necessary rights of entry, permits and/or easements for the construction of
off-site temporary or permanent road and drainage improvements.
Electrical, gas, telephone, and Cable TV services, shall be provided
underground in accordance with the Town policies and existing ordinances.
All utilities shall be located and provided within public utility easements,
sited to meet utility company standards, or in public streets.
PAGE 14 OF RESOLUTION 73-2003
10. All new utilities required to serve the development shall be installed
underground.
11. All street, drainage or grading improvement plans shall be prepared by a
licensed civil engineer.
12. An overland drainage release and appropriate easements are required at the
low spot of the subdivision.
MISCELLANEOUS
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.
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.
PAGE 15 OF RESOLUTION 73-2003
The project homeowners' association, through project-specific covenants,
conditions and restrictions (CC&R's), shall be responsible for maintenance of
all on-site roads, pedestrian ways, common landscape areas (as identified in
COA C7), common fencing, the project recreation areas, internal roads and
parking areas, common drainage facilities and any project installed off-site
landscaping. CC&R's shall also include language to the property owners that
the open space around the site belongs to the Meriden Place Homeowners
and shall be respected as private property. Draft project CC&R's shall be
submitted to the Town of Danville for review and approval a minimum of 30
days prior to 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 Design Review Board
and the local Postmaster.
The proposed project shall conform to the Town's Stormwater Management
and Discharge Control Ordinance (Ord. No. 94-19) and all applicable
construction and post-construction Best Management Practices (BMPs) for
the site. For example, construction BMPs may include, but are not limited to:
the storage and handling of construction materials, street cleaning, proper
disposal of wastes and debris, painting, concrete operations, dewatering
operations, pavement operations, vehicle/equipment cleaning, maintenance
and fueling and stabilization of construction entrances. Training of
contractors on BMPs for construction activities is a requirement of this
permit. At the discretion of the City Engineer, a Storm Water Pollution
Prevention Plan (SWPPP) may be required for projects under five acres.
This project shall be responsible for the provision of two units that shall be made
available to moderate income households, as defined by the State Department of
Housing and Community Development (HCD) and the United States Department of
Housing and Urban Development (HUD). Sale prices of these units shall not exceed
the maximum price affordable to a four-person household, earning a maximum of
110% of the median income established for Contra Costa and Alameda Counties.
The maximum sales price shall be based on the following assumed variables:
maximum monthly assignment of housing costs of 35% of gross monthly income;
taxes at 1.25% of the purchase price of the home; homeowners' association dues of
$125.00 per month; mortgage insurance of $125.00 per month; and a 30-year fixed
rate mortgage at 7.0% interest rate. The maximum allowable percentage of down
payment allowed is 15 percent of the maximum allowable purchase
price (i.e., $48,725).
PAGE 16 OF RESOLUTION 73-2003
The maximum sales prices shall be tiered to the down payment made by the
qualifying purchaser, as follows:
Percent Down Payment 4-Person Household
5% down payment:
10% down payment:
15% down payment:
$295,500
$309,500
$324,750
The initial maximum sales prices of the affordable units may be adjusted
based on annual upward adjustments to the area median income, as
published by HCD and HUD and any downward adjustment to mortgage
interest rates at the time the final map is approved for the project. The
developer shall enter into a formal agreement with the Town which specifies
the maximum income of the buyers, regulates the terms of occupancy, resale
or any other restriction deemed necessary to assure the long term
affordability of the units to moderate income households. This agreement
shall be subject to approval by the Town Council prior to recordation of the
initial final map for the project.
APPROVED by the Danville Town Council on June 17, 2003, by the foIlowing vote:
AYES:
NOES: Stepper
ABSTAINED: None
ABSENT: None
Shimansky, Arnerich, Doyle and Greenberg
MAYOR
APPROVED AS TO FORM:
ATTEST:
CITY ATTORNEY
PAGE 17 OF RESOLUTION 73-2003