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HomeMy WebLinkAbout115-03RESOLUTION NO. 115-2003 APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND APPROVING FINAL DEVELOPMENT PLAN - MAJOR SUBDIVISION REQUEST SD 8652 SUBDIVIDING THE SITE TO CREATE FIVE SINGLE FAMILY RESIDENTIAL LOTS (APN: 206-020-048 -- 1240 CULET RANCH ROAD) WHEREAS, Mei Wen & Shwu Rong Lee (Owners) and DeBolt Civil Engineering (Applicant) have requested approval of a Preliminary Development Plan - Rezoning request PUD 2002-05 and Final Development Plan - Major Subdivision request SD 8652 to rezone a portion of the site from P-l; Planned Unit Development District to a new P-l; Planned Unit Development District and a portion of the site from A-2; General Agricultural District to P-1;.Planned Unit Development District and to subdivide the 5.25 site to create five single family residential lots; and WHEREAS, the subject site is located at 1240 Culet Ranch Road, west of Lawrence Road, and is further identified as Assessor's Parcel Number 206-020-048; and WHEREAS, the Town of Danville P-l; Planned Unit Development District requires approval of a Preliminary Development Plan - Rezoning request prior to approval of a Final Development Plan - Major Subdivision request and the approval of a Final Development Plan request prior to the development of the property; and WHEREAS, the Planning Commission did review and recommend the Town Council approve the project at a noticed public hearing on October 14, 2003; and WHEREAS, the Town Council did review the project at a noticed public hearing on November 4, 2003; and WHEREAS, a Negative Declaration of Environmental Significance has been prepared for the project indicating that no significant environmental impacts are anticipated to be associated with the project; and WHEREAS, the public notice of this action was given in all respects as required by law; and WHEREAS, a staff report was submitted recommending that the Town Council approve the 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 a Negative Declaration of Environmental Significance and approves the Preliminary Development Plan - Rezoning request PUD 2002-05 per the conditions contained herein and makes the following findings in support of this action: The proposed Rezoning is consistent with the General Plan Land Use Designation for the area. The proposed Rezoning is consistent with the Development Standards contained within the Lawrence/Leema Road Specific Plan. The uses authorized or proposed in the land use district are compatible within the district and to uses authorized in adjacent districts. Based on the completion of the Initial Study of Environmental Significance and comments received, there is no substantial evidence before the Town that the project will have a significant effect on the environment. and, be it further RESOLVED that the Town Council approves the Final Development Plan - Major Subdivision request SD 8652 per the conditions contained herein and makes the following findings in support of this action: The proposed subdivision is in substantial conformance with the goals and policies of the General Plan. The design of the proposed subdivision is in substantial conformance with the applicable zoning regulations. The design of the subdivision and the type of associated improvements will not likely cause serious public health problems because water and sanitary facilities services will be available to the five new lots. The density of the subdivision is physically suitable for the proposed density of development. The design of the proposed subdivision and improvements are not likely to cause substantial environmental damage or subsequently injure fish or wildlife or their habitat since this property is in an area where residential development has previously occurred. PAGE 2 OF RESOLUTION NO. 115-2003 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 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 Preliminary Development Plan - Rezoning request PUD 2002-05 and Final Development Plan - Major Subdivision request SD 8652 to rezone a portion of the site from P-l; Planned Unit Development District to a new P-l; Planned Unit Development District and a portion of the site from A-2; General Agricultural District to P-l; Planned Unit Development District and to subdivide the site to create five single family residential lots on a 5.25 +/- acre parcel. The site is identified as 1240 Culet Ranch Road (APN: 206-020-048). Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; Vesting Tentative Map and Prelirninary& Final Development Plan, consisting of one sheet, labeled "Subdivision 8652 Vesting Tentative Map," as prepared by Debolt Civil Engineering, dated received by the Planning Division on September 24, 2003. Preliminary Landscape Plan for Open Space, consisting of one sheet, labeled "Conceptual Landscape Plan," as prepared by Gates & Associates, dated received by the Planning Division on September 22, 2003. c. Preliminary Geotechnical Feasibility Study, as prepared by GFK & Associates, dated April 26, 2002. d. Architectural Design Guidelines, as prepared by Debolt Civil Engineering, dated October 9, 2003. PAGE 3 OF RESOLUTION NO. 115-2003 The applicant shall pay all Town and other related fees that the property is 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 fees due at final map approval (a-f) and at building permit issuance (h-I): a) b) d) e) g) h) i) J) k) l) Base Map Revision Fee (5 @ $50/lo0 ................. $ 250.00 Engineering Plan Check & Inspection - to be determined Grading Plan Check, Inspection & Permit - to be determined Lawrence Road Benefit District (5 @ $16,546)$ 82,730.00 Map Checking ................................................... $ 2,517.00 Park Land in Lieu Fee (4 @ $7,873) ................ $ 31,492.00 Child Care Facilities Fee ................................ $335.00/lot Storm Water Pollution Program Fee ............. $ 41.00/lot SCC Regional Fee ........................................... $ 924.00/lot SCC Sub-Regional Fee ................................ $ 2,552.00/lot Residential TIP Fee ..................................... $ 2,000.00/lot Tri-Valley Transportation Fee ................... $1,711.00/lot 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. 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 Planrdng 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 PAGE 4 OF RESOLUTION NO. 115-2003 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 as found necessary/appropriate by the Town. 10. 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 work days. Dust-producing activities shall be discontinued during high wind periods. 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 to the review and approval of the City Engineer and Chief of Planning. As part of the initial submittal for the final map, plan check, and/or building permit review process (whichever occurs first), the applicant shall submit a written Compliance Report detailing how the conditions of approval for this project has 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. PAGE 5 OF RESOLUTION NO. 115-2003 11. 12. This project shall comply with all requirements established under the Lawrence/Leema Road Specific Plan. For all new lots created by this subdivision, the following statement shall be recorded to run with the deed of the property acknowledging the historic rural nature of the area, and the rights of surrounding property owners to continue existing and/or future legally established rural/agricultural uses: IMPORTANT: BUYER NOTIFICATION This property is located in a historically rural area with existing rural and agricultural uses. Any inconvenience or discomfort from properly conducted agricultural operations, including noise, odors, dust, and chemicals, will not be deemed a nuisance. 13. Prior to the issuance of a grading or building permit, whichever occurs first, the applicant shall reimburse the Town for notifying surrounding neighboring residents of the public hearing. The fee shall be $220.50 (98 notices x 3 notices x $0.75 per notice). 14. All projects must conform to the applicable Uniform Building Codes and the California building codes. 15. Plarming Division sign-off is required prior to the completion of a Final Building Inspection. 16. A deed notification shall be recorded for lots 3, 4 and 5 within this subdivision which states that the property owners shall maintain the V- ditch in a clean and flowing manner. SITE PLANNING AIl lighting shall be installed in such a manner that lighting is generally down-directed and glare is directed away from surrounding properties and rights-of-way. The location of any pad mounted electrical transformers shall be subject to review and approval by the Planning Division prior to the issuance of a building permit. To the extent feasible, such transformers shall not be located between any street and the front of a building. PAGE 6 OF RESOLUTION NO. 115-2003 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. Development criteria and allowable land uses for the lots created by this subdivision shall be as established under the Town's R-15; Single Family Residential District. No interior street lighting shall be installed within this subdivision. Low, ground directed, driveway/entry lighting for individual properties, shall be subject to review and approval by the Town's Design Review Board. The open space strip along the project interior street and along Culet Ranch Road shall be created as a separate parcel with a separate water meter and landscaping, which shall be maintained through a maintenance agreement for all five lots. A maintenance easement shall be established over this area. In addition, a public access easement shall be recorded over the entirety of this open space strip. Language shall be developed to be recorded as a deed notification for all lots within this subdivision which describes that the open space strip is for common public use, and may not be reserved for private use, privately maintained by individual property owners, or developed with private landscaping or structures installed by individual property owners. This language shall further describe that if any property owner violates this agreement and installs private landscaping or structures within the public open space, the private landscaping or structures shall be removed at the property owners' expense. This language shall be submitted for review and approval by the City Attorney prior to recordation of the final map. A scenic easement shall be established over the portion of Lot 3 above the 750 foot elevation contour line. This area shall be required to be maintained in a natural appearing state. No construction of structures, grading, or planting of formal landscaping will be allowed in this area. Lot 3 shall not be allowed to be re-subdivided in the future. A deed restriction shall be recorded to run with the property, which sets forth this restriction. Grading shown on the Tentative Map for proposed Lots 4 and 5 are specifically not approved. Development on these lots shall be split-level PAGE 7 OF RESOLUTION NO. 115-2003 custom homes designed to allow the home to step down the hill to minimize mass and grading, with a full story split, as found appropriate by the Town through the Final Development review process. LANDSCAPING Final landscape and irrigation plans (with planting shown at 1"=20' scale) shall be submitted for review and approval by the Planning Division and the Design Review Board. 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. Ail 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. A minimum of two street trees shall be planted in the linear open space fronting each lot (four for corner lots). The final design of the landscape treatment, path design and location shall be subject to review and approval by the Design Review Board and Planning Commission as part of a subsequent Final Development Plan application. This landscape treatment shall be substantially consistent with the design of other approved landscape plans for the area. The sidewalk within the open space strip shall run parallel with the inside edge of the open space strip. The sidewalk as depicted on the tentative map is specifically not approved. The sidewalk within the open space strip shall be revised on the final map to reflect this condition of approval. Landscaping for the open space strip within the interior of the project shall consist primarily of turf and street trees to maximize the usability of the PAGE 8 OF RESOLUTION NO. 115-2003 area. The open space strip adjacent to Culet Ranch Road shall include street trees and low ground cover. The owner/applicant shall install the plantings and irrigation for the landscaped area within the open space strip as part of the subdivision improvements. All front yard landscaping shall be installed within six months of completion of the unit or within six months of occupancy by the homeowner, whichever comes first. The driveway aprons within the open space strip shall be constructed a maximum width of eight feet, or the minimal width necessary to be functional, as determined by the Planning Division, within the open space area, flaring to the full driveway width as the driveway gets closer to the garage. The exact design of the driveway apron within the open space strip shall be subject to review and approval by the Planning Commission as part of the review of the final Development Plan for the project. The intent is to minimize the amount of concrete within the open space area. 10. All new fences within this project shall include 2"x 8" pressure treated kickboards and shall utilize pressure treated Douglas Fir 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. The perimeter fence for Lot 3 shall be open wire fencing only. ARCHITECTURE No architecture is approved for construction on the lots created by this subdivision as part of this permit. Architecture for the homes to be built on all lots within this subdivision shall be submitted for review and approval by the Design Review Board and Planning Commission under a separate Final Development Plan application. The Architecture Design Guidelines submitted as part of this approval establish the minimum architectural standards for site plan layouts and architectural proposals for individual lots in the development. 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. PAGE 9 OF RESOLUTION NO. 115-2003 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. PARKING Minimal signage, maximum one sign per block, is allowed to set forth the parking restriction. No other regulatory signage or red curbs are permitted throughout the subdivision, subject to the approval of the San Ramon Valley Fire Protection District. Eight-foot deep parking bays shall be incorporated into the street design for the interior street, similar to the development to the east on Melserma Court. The final design of the parking bays within this project shall be subject to review and approval by the Planning Division as part of the review of the improvement plans for this project. The parking bays shall be designed to maximize on street parking and to easily accormnodate street sweeping equipment. GRADING Any grading on adjacent properties will require prior written approval of those property owners affected. At least one week prior to commencement of grading, the applicant shall post the site and mail to the owners of property within 300 feet of the exterior boundary of the project site, to the homeowner associations of nearby residential projects and to the Town of Danville Development Services Department, a notice that construction work will cmmnence. 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 PAGE 10 OF RESOLUTION NO. 115-2003 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 acfivity. AIl 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. AIl 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 PAGE 11 OF RESOLUTION NO. 115-2003 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. Ail retaining wails shall be constructed to be wholly contained within individual lots and maintained by either the property owner or the homeowners' association, if a homeowners' association is required. STREETS The applicant shall obtain an encroachment permit from the Engineering Division prior to commencing any construction activities within any public right-of-way or easement. Street signing shall be installed by the applicant as may be required by the City Engineer. Traffic signs and parking restriction signs which may be required to be installed shall be subject to review and approval by the Transportation Division and the Police Department. All mud or dirt carried off the construction site onto adjacent streets shall be swept each day. Water flushing of site debris or sediment or concrete washing is expressly prohibited. Any damage to street improvements now existing or done during construction on or adjacent to the subject property shall be repaired to the satisfaction of the City Engineer, at full expense to the applicant. This shall 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 Municipal 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. PAGE 12 OF RESOLUTION NO. 115-2003 * 7. Public streets shall be improved to the standards in #G.5. above. * 8. The proposed storm drainage system shall be a public system. Culet Ranch Road improvements along the frontage of this property shall be built to public standards as follows: Culet Ranch Road shall be improved as a minimum 30-foot wide public street with parking restricted to one side only. This subdivision shall be responsible for the un-constructed southerly portion of the roadway improvements including, curb and gutter and pavement. A 5-foot Public Utility Easement shall be offered for dedication abutting the southerly Culet Ranch Road right-of-way. 10. The new project interior street shall be improved as substantially shown on Tentative Map road section labeled "Typical Street Section" and in the following way: The right-of-way shall vary between 28 feet (two lanes of travel only) to 36 feet (two lanes of travel plus parking bay). In some instances, the entire width of the right-of-way may be 44 feet (two lanes of travel plus parking bays facing each other across the street). A 5-foot Public Utility Easement shall be offered for dedication abutting all street right-of-ways. 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 (EBMUD) water system in accordance with the requirements of EBMUD. * 2. Ali wastewater shall be disposed into an existing sewer system. Sewer disposal service shall be from the Central Contra Costa Sanitary District (CCCSD) sewer system in accordance with the requirements of CCCSD. PAGE 13 OF RESOLUTION NO. 115~2003 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 (CCCFC & WCD). Prior to recordation of the Final Map for the project, the applicant shall submit to the Town documentation that run-off from this project shall not exceed the flow restriction of 4,670 cubic feet per second for Alamo Creek at the Contra Costa County/Alameda County Line. If development of this project will result in a flow of greater than 4,670 cubic feet per second, then mitigation to reduce the flow to not exceed the flow restriction level shall be completed prior to the issuance of grading or improvement plan permits for this project. A deed notification shall be recorded to run with the title of all lots created by this subdivision to notify all future property owners of a planned flood control benefit district for the area to help pay for the construction of future detention basins within the Dougherty Valley area. 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 public 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 located 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 ail necessary rights of entry, permits and/or easements for the PAGE 14 OF RESOLUTION NO. 115-2003 construction of off-site temporary or permanent road and drainage improvements. 10. 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. 11. All new utilities required to serve the development shall be installed underground. 12. Ail street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. 13. A Storm Water Pollution Prevention Plan (SWPPP) shall be prepared as part of the preparation of project improvement plans to assure prevention of construction related silt and pollutants from leaving the site and polluting the downstream water courses. The SWPPP shall supplement the erosion control plan prepared for the project. 14. The existing home on Lot 1, as well as the new homes to be built on Lots 2- 5, shall connect to public water and sewer facilities and pay the Lawrence Road Benefit District fee. Connection to water and sewer shall be guaranteed through the subdivision improvement agreement for the project. MISCELLANEOUS The project shaI1 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. 2. Use of a private gated entrance is expressly prohibited. 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, PAGE 15 OF RESOLUTION NO. 115-2003 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. Prior to commencement of any site work that will result in a land disturbance of one (1) 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. 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. 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 PAGE 16 OF RESOLUTION NO. 115-2003 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. * 7. 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. APPROVED by the Danville Town Council at a regular meeting on November 4, 2003 by the following vote: AYES: NOES: None ABSTAINED: None ABSENT: None Shimansky, Arnerich, Andersen, Doyle, Stepper APPROVED AS TO FORM: CITY ATTORNEY ATTEST: CITY CLERK PAGE 17 OF RESOLUTION NO. 115-2003