HomeMy WebLinkAbout019-04RESOLUTION NO. 19-2004
APPROVING AN APPEAL AND OVERTURNING THE PLANNING
COMMISSION'S DECISION REGARDING AMENDING CONDITIONS OF
APPROVAL FOR LAND USE PERMIT LUP 2000-16 RELATED TO THE
OPERATION OF THE DEL AMIGO POOL
WHEREAS, the Conditions of Approval for LUP 200-16 require that the Planning
Commission review the effectiveness of the operational aspects of the Conditions of
Approval of the Land Use Permit, and make modifications to the Conditions of Approval if
found appropriate after three swim seasons; and
WHEREAS, on November 13, 2003, the Planning Commission held a public hearing to
undertake such consideration; and
WHEREAS, at the November 13, 2003 meeting, the Planning Commission determined that
the existing Conditions of Approval were adequate to effectively regulate the operation of
the facility and therefore determined it unnecessary to schedule the item for a subsequent
public hearing; and
WHEREAS, on November 20, 2003, Dawn Maroney, on behalf of surrounding property
owners, submitted an appeal of the Planning Commission's decision not to agendize the
Land Use Permit for further discussion and modification; and
WHEREAS, the Del Amigo Pool Association submitted an application requesting that the
Planning Commission amend the previously approved Conditions of Approval for LUP
2000-16 related to establishing a six-month operational time frame for swim team activities
and modification to the composition of the compliance committee; and
WHEREAS, the Planning Commission did hear and consider this request during a noticed
public hearing on January 20, 2004, and acted to amend Condition A.31., related to the
composition of the compliance committee but determined that it is not necessary to amend
the Conditions of Approval to restrict swim team related activities; and
WHEREAS, after that meeting, Dawn Maroney and surrounding property owners decided
to continue to pursue the previously submitted appeal requesting the amendment of the
previously approved Conditions of Approval to include a six month seasonal time frame
limitation for operation of swim team related activities; and
WHEREAS, the Town Council reviewed the appeal at a noticed public hearing on March 3,
2004; now, therefore be it,
RESOLVED, that the Town Council approve the appeal and proposed modifications to the
original Conditions of Approval amending Land Use Permit LUP 2000-16 subject to the
Findings and Conditions of Approval contained in Resolution 19-2004.
FINDINGS OF APPROVAL
Development Plan:
The proposed development is in conformance with the goals and policies of the 2010
General Plan.
The proposed development is in conformance with the zoning district in which the
property is located.
Land Use Permit:
The proposed land use will not be detrimental to the health, safety, and general
welfare of the Town.
The land use will not adversely affect the orderly development of property within
the Town, as this is an existing facility.
o
The land use will not adversely affect the preservation of property values and the
protection of the tax base within the Town.
The land use will not adversely affect the policy and goals as set by the 2010 General
Plan.
As modified through and regulated by these project Conditions of Approval, the
land use will not create a nuisance and\or enforcement problem within the
neighborhood or community.
The land use will not encourage marginal development within the neighborhood, as
this is an existing facility.
o
That special conditions or unique characteristics of the subject property and its
location or surroundings are established, such as the existence of the neighborhood
pool and associated improvements since 1959.
PAGE 2 OF RESOLUTION NO. 19-2004
CONDITIONS OF APPROVAL
Conditions of approval with an asterisk ("*") in the left-hand column are standard project
conditions of approval.
Italicized conditions of approval are Mitigation Measures derived from the Mitigated
Negative Declaration prepared for the project.
Unless otherwise specified, the following conditions shall be complied with prior to the
issuance of a building permit for the project and prior to initiation of the land use. Each
item is subject to review and approval by the Planning Division unless otherwise specified.
A. GENERAL
The Land Use Permit approval allows for the renewal and modification of
the previously approved 1959 Land Use Permit regulating the manner this
private recreational pool facility operates. The pool facility is authorized
under this approval to continue to operate a competitive swim team, with
authorized annual activities, including, but not limited to; continued use of
the swim team at the Del Amigo Pool facility; swim team activities which
include swim practices, clinics, team time trial; and a maximum of six hosted
dual swim meets per swim season (to be held on Wednesday evenings and
Saturday morning/early afternoons-with no more. than four meets held on
Saturdays), and four swim facility-related hosted social events. The pool
facility is also authorized to provide non-swim team related recreational pool
usages for participating members of the pool organization.
The Variance approval allows for construction, retention and replacement of
six-foot high fencing shown on the project plans (to be located on the property
lines), and for the construction of a new trellis structure adjacent to the east
property line, located between the two on-site pools (which encroaches into the
required minimum 25 foot front yard setback).
This Development Plan approval is for the renovation of the Del Amigo Pool
facility, including: construction of a new building; updating the architecture of
the existing building; relocating the baby pool to the southwest corner of the site;
constructing new trellises; updating the existing landscaping; relocating an on-
site basketball court; constructing a trash enclosure; installing new fencing; re-
configuring the parking lot area; updating site lighting; creating an enclosed
exterior storage area; installing new facility signage; and realigning the facility's
driveway entrance.
PAGE 3 OF RESOLUTION NO. 19-2004
Development shall be substantially as shown on the project drawings as follows,
except as may be modified by conditions contained herein;
ao
Preliminary Development Plan, Architectural Plans, Site Plan
Elevations and Preliminary Landscape Plans consisting of three
sheets, as prepared by HWA Landscape Architecture Site Planning
and dated received by the Planning Division on October 10, 2000.
The applicant shall pay any and all Town and other related fees that the
property may be subject to. These fees shall be based on the current fee
schedule in effect at the time the relevant permits are secured, and shall be
paid prior to issuance of said permit. Notice should be taken specifically of
the Town's Drainage Area Fee ($613.00), Finish Grade Fee ($100.00) and the
Iron Horse Trail Fee ($3,200.00).
o
The applicant shall reimburse the Town for notifying surrounding
neighboring residents of the public hearing associated with this proposal.
The fee shall be $445.50 (297 notices X $0.75 per notice X two notices).
The applicant shall submit written documentation that all requirements of
the San Ramon Valley Fire Protection District have been, or will be, met to
the satisfaction of the District.
°
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.
Construction activity shall be restricted to the period between the weekday
hours of 8:00 a.m. to 5:30 p.m. (Monday through Friday), unless otherwise
approved in writing by the City Engineer for general construction activity
and the Chief Building Official for building construction activity. Prior to
any construction work on the site, the applicant shall install a minimum 3' x
3' sign at the project entry which specifies the allowable construction work
days and hours and lists the name and contact person for the overall project
manager and all contractors and sub-contractors working on the job.'
PAGE 4 OF RESOLUTION NO. 19-2004
o
o
10.
11.
12.
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.
All physical improvements shall be in place prior to occupancy of any
structure in the project. If occupancy within the project is requested to occur
in phases, a construction-phases occupancy plan shall be submitted for
review and approval by the Planning Commission within 30 days of the
effective date of this approval.
The applicant shall submit a written Compliance Report detailing how the
Conditions of Approval for this project have and/or will be 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 report must be signed by the applicant. 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.
Planning Division sign-off is required prior to the issuance of a certificate of
occupancy by the new building.
Based on the two existing facility exits (i.e., the main entrance off the parking
area and the emergency exit along Glen Road), the maximum occupancy for
this facility shall be limited to a maximum of 500 individuals during swim
meets and social events. The applicant shall secure approval of a third exit (to
allow for a maximum occupancy of 600), with the exit's location subject to
review and approval by the Building Division and the San Ramon Valley Fire
Protection District (SRVFPD). During normal daily operation of the pool
facility, the maximum occupancy shall be limited to 175 occupants, or such
alternate occupant load deemed allowable by the Building Division and the
SRVFPD at time of completion of requested facility renovation.
The maximum number of swim team members on the competitive swim
team operating at this facility shall be limited to 215 individuals. This
maximum team size may be reached over time through attrition. To
accomplish this, swim team members that leave the team shall not be
replaced until the swim team membership is below 215 individual members.
Swim team rosters shall be submitted to the Town of Danville prior to the
first swim meet of each swim team season for verification that the swim team
enrollment is not above the maximum allowable swim team members.
PAGE 5 OF RESOLUTION NO. 19-2004
13.
14.
15.
16.
17.
18.
19.
The maximum number of swimmers allowed to participate at any single dual
meet competition hosted at the facility shall be limited to a combined total of
350 swimmers.
The hours of operation for the Del Amigo Pool shall be limited to:
· 8:00 a.m. to 9:00 p.m. everyday
· Swim team related activities and events shall be limited to a six-month
period per each calendar year.
· Adult lap swimming may begin at 6:00 a.m.
· Swim meets shall not begin prior to 8:00 a.m., this does not preclude set-
up time for meet events or related pre-meet activities.
· Swim team practice shall not begin prior to 8:00 a.m. Monday through
Saturday (no Sunday practices are allowed).
Amplified music is expressly prohibited. This condition shall not preclude
use of portable personal music devices operated at a reasonable audible noise
level.
The Colorado Timing System shall be used during swim team competitions
only. The accompanying sound system shall only be used to announce swim
events/heats for the swim team competitions, and shall be designed such
that the audio output of the system is effectively limited to be directed at or
near the starting end Of the pool. The sound system speakers shall be down
directed away from all property lines, except in the case of emergencies.
Use of bullhorns and loudspeakers is expressly prohibited at the facility.
The Colorado Timing System (or equivalent starting system used by the
swim team) may be used during hosted swim meets only. The starting
system shall not be used to indicate false starts occurring during meet events.
Alternative methods, which do not depend on amplified noise, shall be used
to alarm swimmers of false starts.
Swim facility-related hosted social events may be conducted no more than
four times per year, with no more than two of these events being held on
Saturdays (with no events on Sundays). These events shall be described in a
swim team-generated written communication (newsletter) that shall include
a description of activities and anticipated size of events and shall indicate a
contact person that can indicate the date and time of the events. The
newsletter shall be distributed to all property owners along Glen Road and
PAGE 6 OF RESOLUTION NO. 19-2004
Hartford Road (east of the Iron Horse Trail) and within 750 feet of the pool
facility a minimum of two months prior to the event.
20.
General maintenance of the facility (including landscape maintenance),
which requires the use of equipment with gas powered engines or electric
motors, shall not be used prior to 8:00 a.m. Monday through Friday or prior
to 9:00 a.m. on Saturday or Sunday.
21.
The swim team-generated written communication (newsletter) shall include
all necessary information derived from these Conditions of Approval and
shall be sent to all property owners along Glen Road and Hartford Road (east
of the Iron Horse Trail) and within 750 feet of the pool facility, the Planning
Division, Police Department, and the San Ramon Valley Fire Protection
District at the beginning of each competitive swim season. This newsletter
shall include the current year's swim meet schedule, planned special event
activities (per conditions of approval A.20 above) and shall include a
description of the Circulation and Parking Management Plan to be utilized
for the upcoming swim season. The newsletter shall be submitted to the
Town of Danville Planning Division for review and comment prior to its
distribution.
22.
The Del Amigo Pool Association shall provide meeting notification to the
property owners along Glen Road and Hartford Road (east of the Iron Horse
Trail) and within 750 feet of the pool facility and hold a pre-season meeting
to be conducted prior to the beginning of the 2001 pool swim team season.
The meeting shall be held no later than May 15th. This meeting shall provide
an opportunity for presentation and discussion of the scheduled events for
the season, including but not limited to swim team activities. This meeting
shall be held after the newsletter has been routed to neighbors within the
notification area and after notification that the draft Circulation and Parking
Management Plan (pursuant to condition of approval #A.22) is available for
review and comment. At this meeting, members selected to volunteer for the
Compliance Committee (as required under condition A.30.) shall be
identified to meeting attendees, which shall include a primary contact person
and associated phone number. This information shall be distributed to
meeting attendees and shall be posted in an appropriate location for
neighboring residents to readily obtain this information.
23.
No food preparation shall be allowed without prior approval from the Town
of Danville and the Contra Costa County Health Department. Pre-packaged
food may be allowed for sale (from manufacturers only, not prepared and
packaged at private homes). Meets may include catered and/or site-prepared
PAGE 7 OF RESOLUTION NO. 19-2004
25.
26.
27.
28.
food provided all necessary permits have been obtained from Contra Costa
County Health Department.
Residents living within walking distance of the pool facility (for purpose of
this condition defined to be 1,250 feet of travel distance) shall be given
priority to join the Del Amigo Pool Association as a member before residents
outside 1,250 feet of the facility. Such interested residents shall be placed at
the top of the waiting list when submitting for consideration of membership.
This condition shall not be retroactive. The Del Amigo Pool Association shall
be allowed to honor the waiting list in place at the time of this approval.
Supplemental garbage and refuse service shall be provided for the entire
period of time that swim meets are conducted (with said supplemental
services at a minimum being a twice-a-week pickup service). Garbage is
prohibited to overflow outside of the trash enclosure at any time. The trash
enclosure serving the facility shall be covered and shall be designed and
maintained with self-closing and self-latching doors. Details of the trash
enclosure area shall be included on the project plans and shall be submitted
for final review and approval by the Town and the Design Review Board
prior to issuance of a building permit.
Prior to issuance of a building permit for the planned facility modifications,
the applicant shall document that the trash area and recycling area is
appropriately sized and located. The trash and recycling area shall be
designed with an inward slope so as not to allow storm water run-off and
run-on from the contained area. The area drains for the trash and recycling
area shall be connected to the sanitary sewer, not the storm drain system.
The Del Amigo Pool swim team shall be limited to a maximum of six home
swim meets a year, with no more than four meets on Saturdays.
The Pool Association's By Laws, the Del Amigo Pool Association Rules and
Regulations, and The Del Amigo Swim Team Handbook, shall be updated as
appropriate to incorporate all pertinent Conditions of Approval for this
project. Copies of the revised documents shall be submitted to the Town of
Danville for final review and approval prior to April 1, 2001. To the extent
reasonably feasible, this information shall be posted on the Del Amigo Pool
Association's web site. If it is determined that it is not feasible to put this
information on the website, the Association shall utilize some other
alternative means of communication. This information shall be kept current.
PAGE 8 OF RESOLUTION NO. 19-2004
Bo
29.
30.
A compliance representative shall be selected by the Del Amigo Pool
Association (DAPA). This individual shall oversee the on-going
compliance of the facility consistent with the approved Conditions of
Approval for the .project. The DAPA shall be responsible for creating
alternative methods of communication for members and non-members
who may have concerns related to the operational aspect of the facility.
These methods shall include such resources as establishing email contacts,
links on the associations website, and comment forms at the facility that
can be accessed and submitted to the DAPA for action. The compliance
representative shall be responsible for resolving comments and
complaints filed, by working with the DAPA.
To the extent feasible, swim meets conducted at this facility shall be scheduled to
avoid conflicts zoith recreational activities conducted at San Ramon Valley High
School (with special efforts to be taken to avoid conflict with the annual SR VGAL
All-Star games) to reduce potential impacts associated with parking and circulation
when multiple events are held in the neighborhood.
SITE PLANNING
o
All 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. A Lighting Plan shall be submitted to the Town for final
review and approval by the Design Review Board prior to issuance of a
building permit for planned facility modifications.
The location of any pad mounted electrical transformers established for this
project 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.
The Pacific Bell sub-station is not approved as part of this application. To the
extent feasible, the applicant shall identify an appropriate area on the project
site, subject to review and approval by the Planning Division and Design
Review Board, that allows for possible citing of the sub-station facility, in the.
event a Land Use Permit for that facility is requested in the future.
The freestanding storage sheds located on the site at the time of the project
approval shall be removed in conjunction with the planned facility
modification (to be removed no later than issuance of final occupancy of the
PAGE 9 OF RESOLUTION NO. 19-2004
proposed bathroom/storage room improvements).
A new fence shall be installed and maintained around the east, south and west
property lines. The new fencing shall be of a design and substantial enough in terms
of construction materials to provide sound attenuation value to off-site properties.
The fences shall include decorative masonry pillars with a wood portion between
pillars that includes a plywood core to provide sound attenuation value. Masonry
pillars are not required for the portion offence along the Iron Horse Trail (along the
west property line). All property line fences shall be maintained in a like-new
condition. The applicant shall submit a fencing detail to the' Town of Danville
Planning Division for final reviezo and approval prior to the issuance of a building
permit for the planned facility modifications. The new fencing shall be installed prior
to occupancy of the proposed bathroom/storage room improvements.
The applicant shall install a new section of decomposed granite or decorative path,
which extends northerly from the corner of Glen Road and Del Amigo Road, along
the property frontage to the on-site parking area.
If determined feasible by the Town's Transportation Division, the applicant shall
install the necessary crosswalk improvements at the north and west legs of the
intersection of Glen Road and Del Amigo Road.
C. LANDSCAPING
* 1.
Final landscape and irrigation plans 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.
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.
PAGE 10 OF RESOLUTION NO. 19-2004
o
Existing trees on the site shall be preserved to the extent practical. Removal
will be allowed only upon prior written approval from the Planning
Division. The existing pine trees along the east, south and the southern
portion of the west property line may be removed under this application.
The pine trees along the west property line adjacent to the parking area and
all Oak trees shall remain, and shall be appropriately incorporated into the
project's landscaping and irrigation improvements.
Bamboo plants existing along the north property line shall be removed (by
excavating the root ball of the plant) and shall be replaced with low lying
shrubs and ornamental patio trees (e.g., Crape Myrtle) as determined
· acceptable by the Planning Division. If the existing good neighbor fence is
damaged during the removal of the bamboo, the applicant shall repair or
replace the damaged portion of the fence (Note: Since it is unclear where the
plant originated, this condition of approval does not mandate that the
applicant take measures to remove that portion of the plant which lies off-
site. Determination of that responsibility shall remain a private matter
between the affected property owners).
Property owners whose view would be affected by landscape and lighting
improvements installed at the Del Amigo Pool shall be notified prior to this
item being scheduled before the Design Review Board for an opportunity to
comment on the proposed landscape plan. The Town Planning Division shall
compile a list of property owners to be notified.
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 number for the pool facility 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 issuance of
building permits for the planned facility improvements.
o
Final architectural elevations, details and revisions shall be submitted for
review and approval by the Design Review Board prior to issuance of a
PAGE 11 OF RESOLUTION NO. 19-2004
building permit for the planned facility improvements.
A sign permit application for the identification project signage for the pool
facility shall be submitted to the Town for final review and approval under a
separate Sign Review application.
E. PARKING
* 1.
All parking spaces shall be striped and provided with wheel stops unless
they are fronted by concrete curbs, in which case sufficient areas shall be
provided beyond the ends of all parking spaces to accommodate the
overhang of automobiles.
A Parking and' Circulation Management Plan shall be established for all hosted swim
meets. This plan shall focus on hozo implementation measures related to the identified
parking and circulation issues will be addressed, to ensure that:
a) The drop-off and pick-up area zoill be appropriately managed during swim meets;
b) The location of pre-identified non-parking areas will be appropriately designated;
c) The preferred ingress/egress routes of travel for guests and home parents zoill be
appropriately identified and implemented;
d) The parking closest to the facility zoill be made available for guest teams;
e) Home team guests will drop off children at the designated drop off area in the
pool parking lot and be directed to park generally azoay from the facility (i.e., to
make an appropriate number of parking spaces available to guest teams along
Glen Road, Del Amigo Road and the High School parking lot);
f) Investigation and utilization as deemed necessary and appropriate by the Town,
of a shuttle system to take swim meet participants and spectators to and from the
facility;
g) Appropriate measures are taken to encourage carpooling to and from the facility
by swim team participants and spectators; and
h) Provisions for managing parking and circulation of special events anticipating
more than 125 individuals shall be included in this plan.
The Plan shall be submitted to the Town of Danville for final review and approval,
no later than one month after the effective date of this permit. Afier final review and
approval of the Plan, the applicant shall distribute the copies summary of the
approved Plan to all property owners along Glen Road and Hartford Road (east of the
Iron Horse Trail) and within 750 feet of the pool facility. The Plan shall also be
provided to appropriate representatives of competing szoim teams. Participants of
competing swim teams shall be advised that the Plan shall be complied with by all
parties using the pool facility and that non-compliance with the Plan may be grounds
PAGE 12 OF RESOLUTION NO. 19-2004
for revocation of this permit approval.
o
The Town of Danville shall notify property owners on the previously stated
notification list, when the Parking and Circulation Management Plan has
been submitted. There shall be a minimum 10-day review period of the Plan
prior to Town action.
The applicant shall continue the shared use of Del Amigo High School
parking lot for home swim meets. The applicant shall diligently pursue the
necessary approvals from the San Ramon Valley Unified School District for
rights to use the high school parking lot for all Wednesday and Saturday
home swim meets. The applicant shall submit annual written verification as
to the status of use of this off-site parking area as part of an annual update to
the Parking and Circulation Management Plan (to be submitted no later than
one week prior to the beginning of the swim season). In the event,
permission to use this parking area is not further granted by the School
District, the Chief of Planning, at his discretion, may refer this application
back to the Planning Commission for further consideration and action
pertaining to the adequacy of parking.
The parallel parking stalls along the south portion of the parking area
adjacent to the facility entrance shall be used as a drop-off and pick-up area
during home swim meets.
F. GRADING
* 1.
Any grading on adjacent properties will require prior written approval of
those property owners affected.
* 2.
Stockpiles of debris, soil, sand or other materials that can be blown by the
wind shall be covered.
G. STREETS
* 1.
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.
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.
PAGE 13 OF RESOLUTION NO. 19-2004
o
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.
* 4.
All improvements within the public right-of-way, including curb, gutter,
sidewalks, driveways, paving and utilities, shall be constructed in accordance
with approved standards and/or plans and shall comply with the standard
plans and specifications of the Development Services Department and
Chapters XII and XXXI of the Town Code. At the time project improvement
plans are submitted, the applicant, shall supply to the City Engineer an
up-to-date title report for the subject property.
* 5.
Handicapped ramps shall be provided and located as required by the City
Engineer.
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.
o
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 District.
Drainage facilities and easements shall be provided to the satisfaction of the
City Engineer.
o
All runoff from impervious surfaces shall be intercepted at the project
boundary and shall be collected and conducted via an approved drainage
method through the project to an approved storm drainage facility, as
determined by the City Engineer. No concentrated drainage shall be
permitted to surface flow across sidewalks.
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.
PAGE 14 OF RESOLUTION NO. 19-2004
I. MISCELLANEOUS
* 1.
The project shall be constructed as approved. Minor modifications in the
design, but not the use, may be approved by staff. Any other change will
require Planning Commission approval through the Land Use Permit review
process.
2. Use of a private gate is expressly prohibited.
o
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.
At any time during the effective period of this Land Use Permit approval, the
approval shall be revocable for cause in accordance with section 30-4.12 of
the Danville Municipal Code, including failure to comply with these
conditions of approval.
APPROVED by the Danville Town Council at a regular meeting on March 3, 2004, by the
following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Arnerich, Doyle, Andersen and Shimanskv
Stepper '~
~,-~PROVED AS TO FO .RM:
PAGE 15 OF RESOLUTION NO. 19-2004
