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HomeMy WebLinkAbout103-06 RESOLUTION NO. 103-2006 APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND APPROVING PRELIMINARY DEVELOPMENT PLAN - REZONING REQUEST PUD 2005-01 AND FINAL DEVELOPMENT PLAN - MAJOR SUBDIVISION REQUEST SD 9058 ALLOWING THE SUBDIVISION OF THE LOT INTO TEN PARCELS AND ALLOWING THE DEVELOPMENT OF TEN SINGLE FAMILY HOMES AND THREE SECOND DWELLING UNITS (APN: 207-110-002- HANSEN LANE ESTATES) WHEREAS, NORM AND KAY RHETT (Owners) and CLARUM HOMES (Applicant) have requested approval of a Preliminary Development Plan - Rezoning request PUD 2005-01 and Final Development Plan - Major Subdivision request SD 9058 to rezone a 4.14 + / - acre site from an R-15; Single Family Residential District to a P-1; Planned Unit Development District, allowing the subdivision of the lot into ten parcels and allowing the development of ten single family homes and a three second dwelling units; and WHEREAS, the subject site is located at 216 Hansen Lane, and is further identified as Assessor's Parcel Number 207-110-002; and WHEREAS, the Town of Danville P-1; 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 Planning Commission did review the project at a noticed public hearing on July 11, 2006 and did recommend approval of the project; and WHEREAS, a Negative Declaration of Environmental Significance has been prepared for the project indicating that no significant negative impacts are expected 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, the Town Council did review the project at a noticed public hearing on August 8,2006; and WHEREAS, the Town Council did hear and consider all reports, recommendations, and testimony submitted in writing and presented at the hearing; and therefore, be it RESOLVED that the Town Council of the Town of Danville approves a Negative Declaration of Environmental Significance and approves Preliminary Development Plan- Rezoning request PUD 2005-01 and Final Development Plan - Major Subdivision request SD 9058, subject to the conditions contained herein, and make the following findings in support of this action: Preliminary Development Plan - Rezoning: 1. The proposed Rezoning will substantially comply with the 2010 General Plan, because the zoning of P-1; Planned Unit Development District is consistent with the site's land use designation of Residential - Single family - Low Density (1-3 units per acre). 2. The uses authorized or proposed in the land use district are compatible within the district and to uses authorized in adjacent districts. The proposed infill housing is an efficient development pattern since it will utilize and add to existing infrastructure that services the adjacent single family residential uses. 3. Community need has been demonstrated for the use proposed, because housing is a needed use. One of the housing policies in the 2010 General Plan promotes use of a variety of methods to encourage affordable housing production. The related second dwelling units will have the potential to provide an alternative housing solution for residents for whom home ownership is not possible. Final Development Plan - Major Subdivision: 1. The proposed subdivision is in substantial conformance with the goals and policies of the 2010 General Plan, which recognizes Danville's predominantly single family residential character. The subdivision provides affordable housing units that are consistent in scale and appearance of the existing residential neighborhood to t~e extent reasonably possible, by incorporating the design of each second dwelling unit into that of the primary residence and is generally imperceptible as an individual unit. 2. The design of the proposed subdivision is in substantial conformance with the applicable zoning regulations. The proposed net lot sizes will range from 13,229 square feet to 25,144 square feet, a variation that is in character with other developments in the Sycamore South area. The proposed home on each lot maintains the minimum structural setback standards of the R-15; Single Family Residential District. 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 new parcels. PAGE 2 OF RESOLUTION NO. 103-2006 4. The density of the subdivision is physically suitable for the proposed density of development. The proposed development of ten units on a 4.14 + / - acre site falls within the allowable density range at 2.42 units per acre, consistent with the site's land use designation of Residential - Single family - Low Density (1-3 units per acre). 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 residential development has previously occurred and there are existing facilities. The project will provide new storm water treatment areas through indirect infiltration. The driveways, private road, and sidewalks will be installed with interlocking pavers that drain to bioretention areas. Bioretention areas will be installed for each lot to hold runoff and allow it to percolate into engineered surface soils,prior to being discharged into subsurface pipes and to local creeks. The proposed facilities will exceed the minimum requirements of the Regional Water Quality Control Board for stormwater quality. 6. 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. The development will create a public access easement connecting Hansen Lane to the Iron Horse Trail. 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 or issuance of a building permit for the project as applicable. 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 2005-01 rezoning the subject 4.14 +/- acre property from anR-15; Single Family Residential District to a P-1; Planned Unit Development District for a proposed single-family residential development consisting of a maximum of ten homes. Development shall be substantially as shown on the project PAGE 3 OF RESOLUTION NO. 103-2006 * drawings, including details such as ornamental ironwork and copper gutters, as follows, except as may be modified by conditions contained herein; a. Site plans, preliminary architectural plans, floor plans, elevations, sections, roof plans, BMR unit plans, three-palette landscape options, grading and drainage plans, utility plan, and tree plan consisting of 22 sheets, prepared by Clarum Homes' project team of HLD Group Landscape Architecture, BH Bocook Architect, and Kier & Wright Civil Engineers & Surveyors, and dated received by the Planning Division on June 15, 2006. b. Vesting Tentative Map, consisting of one sheet, as prepared by Kier & Wright Civil Engineers & Surveyors and dated June 13,2006. c. Stormwater Pollution Control Plan, consisting of a 12 page document and one corresponding sheet visually depicting treatment areas, as prepared by Kier and Wright Civil Engineers & Surveyors, and dated June 13, 2006. d. Arborist report, prepared by Deborah Ellis MS, and dated March 17, 2006. e. Geotechnical report, dated December 3, 2004 and supplemental geotechnical requirements for clean water applications, dated April 16,2006, prepared by Terrasearch, Inc. 2. 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. The following fees are due at final map approval for the above-mentioned project: Base Map Revision Fee (13 @ $52/lot) .......................... $ 676.00 Map Checking Fee......................................................... $ 3,909.00 Improvement Plan Check Fee .....................3% of cost estimate Engineering Inspection Fee..........................5% of cost estimate Grading Permit, Inspection & Plan Check Fee to be determined Excavation Mitigation Fee (Flood Control) .............. $ 7,290+ /- Park Land in Lieu Fee (fee increase based on CPI)..$ 95,987.00 PAGE 4 OF RESOLUTION NO. 103-2006 * * * Iron Horse Trail Fee ($16/linear foot of frontage)....$ 8,625.00 The following fees are due at building permit issuance for the above- mentioned project: Public hearing notices ....................................................... $273.00 Child Care Facilities Fee ................................................ $ 335/lot Finish Grading Inspection............................................... $ 61/lot Storm Water Pollution Program Fee ............................. $ 41/lot SCC Regional Fee ........................................................... $ 942/lot SCC Sub-Regional Fee ................................................ $ 2,600/lot Residential TIP Fee ...................................................... $ 2,000/lot Tri-Valley Transportation Fee ................................... $ 1,736/lot 3. Prior to the issuance of grading or building permits, the applicant shall submit written documentation that all requirements of the San Ramon Valley Fire Protection District (SRVFPD) and the San Ramon Valley Unified School District have been, or will be, met to the satisfaction of these respective agencies. The SRVFPD's initial comments on this project are summarized in part in their memorandum dated June 20, 2005.. 4. The applicant shall submit to the Town of Danville fees required to file a Notice of Determination for this project as required by AB 3185. The fee shall be $25.00 (project has been found to be" de Minimus," indicating that there is no potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends). This check shall be made payable to the Contra Costa County Recorders Office and shall be submitted to the Town within five days of project approval. 5. In the event that subsurface archeological remains are discovered during any construction or pre-construction activities on the site, all land alteration work within 100 feet of the find shall be halted, the Town Planning Division notified, and a professional archeologist, certified by the Society of California Archeology and/ or the Society of Professional Archeology, shall be notified. Site work in this area shall not occur until the archeologist has had an opportunity to evaluate the significance of the find and to outline appropriate mitigation measures, if they are deemed necessary. If prehistoric archaeological deposits are discovered during development of the site, local Native American organizations shall be consulted and involved in making resource management decisions. PAGE 5 OF RESOLUTION NO. 103-2006 * * * 6. Construction activity shall be restricted to the period between the weekday hours of 7:30 a.m. to 5:30 p.m. (Mondays through Fridays), unless otherwise approved in writing by the City Engineer for general construction activity and the Chief Building Official for building construction activity. If the City Engineer or Chief Building Official approves construction activity during the weekend, the applicant must provide advanced written notice to the property owners of the parcels immediately bordering 216 Hansen Lane. Prior to any construction work on the site, including grading, the applicant shall install a minimum 3' x 3' sign at the project entry which specifies the allowable construction work days and hours, and lists the name and contact person for the overall project manager and all contractors and sub- contractors working on the job. 7. 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. 8. 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. 9. 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. 10. 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, 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. PAGE 6 OF RESOLUTION NO. 103-2006 * * 11. As part of the initial submittal for the final map, the applicant shall submit a written Compliance Report. 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 may be rejected by the Town if it is not comprehensive with respect to the applicable conditions of approval. 12. Planning Division sign-off is required prior to final building inspection sign- off by the Building Division. 13. Prior to the issuance of grading permits, the applicant shall develop a rodent and pest control plan and implement measures to reduce impact to neighboring properties to the extent that is reasonably possible. 14. The project shall conform to the Town's Inclusionary Housing Ordinance. The developer shall provide a number of Below Market Rate units as defined by the Ordinance equal to ten percent (10%) of the number of market rate units in the project, or second units on 25% of the lots, to the satisfaction of the Planning Division. If rented, these units shall be rented at an affordable rate, as set by the California Department of Housing and Community Development. The development and rental of the below market rate affordable units in the project shall be subject to an affordable housing agreement, which is subject to review and approval by the Town Council prior to recordation of the Final Map for the project. Additionally, a deed restriction shall be recorded with the County Recorder in accordance with the Town's Second Dwelling Unit Ordinance. B. SITE PLANNING * 1. * 2. 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. 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 residence. PAGE 7 OF RESOLUTION NO. 103-2006 * 3. Anyon-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. 4. Water valves, fire hook-ups, post indicator valves, reduced back flow devices and other utilities shall not be placed where such valves or devices are visible or visually prominent. The owner or applicant shall coordinate with the Town and applicable agencies to determine a functionally and aesthetically acceptable location. C. LANDSCAPING 1. Completed front yard landscaping, including the installation of Pacific Clay Tile, is required for all parcels prior to final inspection of the homes. Final landscape and irrigation plans shall be submitted for review and approval by the Planning Division. The plan shall include botanical names of all plant materials and shall indicate the size that various plant materials will achieve within a five-year period of time. * 2. 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. 3. All trees shall be of IS-gallon container size. All trees shall be properly staked. For trees near property lines, evergreen species shall be planted an appropriate distance from shared property line fences and selected to minimize property line overhang and litter drop. All remaining shrubs used in the project, which are not used as ground cover, shall be a minimum of five gallons in size. 4. All landscaped areas not covered by shrubs and trees shall be planted with live ground cover or mulched at the minimum depth of two inches (2"). 5. A total of 18 Town-protected trees (17 Valley Oaks and 1 California Walnut) are approved for removal as indicated on the Tree Plan, Sheet 22 of 23 of the project plans. A diligent effort shall be made to preserve Valley Oaks #3, #9, and #19. The applicant shall plant on-site and/ or off-site replacement trees and shall be of a cumulative diameter necessary to equal the diameter of the ,. PAGE 8 OF RESOLUTION NO. 103-2006 * * subject Oak trees approved for removal. On-site plantings of new trees shall count toward the required mitigation plantings. For off-site plantings, the location and species are to be determined by the Town. 6. The tree preservation guidelines established in the arborist report, prepared by Deborah Ellis MS and dated March 17, 2006, shall be incorporated into the into the final design and construction of the project. 7. If site construction activity occurs in the direct vicinity of the on-site and off- site protected trees, a security deposit in the amount of the assessed value of the tree(s) (calculated pursuant to the Town's Tree Protection Ordinance) shall be posted with the Town prior to the issuance of a grading permit or building permit to maximize the probability that the affected trees will be retained in good health. The applicant shall be required to secure an appraisal of the condition and value of all affected trees. The appraisal shall be done in accordance with the then current edition of the "Guide for Establishing Values of Tree and Other Plants," by the Council of Tree and Landscape Appraisers under the auspices of the International Society of Arboriculture. The appraisal shall be performed by a Certified Arborist, and shall be subject to review and approval by the Chief of Planning. A tree preservation agreement shall be prepared that outlines the intended and allowed use of funds posted as a tree preservation security deposit. That portion of the security deposit still held by the Town two full growing seasons after project completion shall be returned upon verification that the trees covered by the deposit are as healthy as can be provided for under the terms of the tree preservation agreement. 8. A deed restriction shall be recorded for each property indicating the location of the bioretention areas installed to meet C.3 Stormwater Quality requirements and restricting alteration of the bioretention areas without Town review and approval. D. ARCHITECTURE * 1. 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. 103-2006 * 2. The street numbers for each building in the project shall be posted so as to be easily seen from the street at all times, day and night by emergency service personnel. 3. 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. Six full sized sets of construction drawings for the project shall be submitted to the Planning Division for design review concurrent or prior to, the applicant initiating the Building Division plan check process. Samples of final materials, solar panel installation, 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. Color mock- ups shall be made available at the project site prior to scheduling the project for final Design Review Board evaluation. 4. If signage for the development is desired, the owner shall apply for a sign permit under a separate application or concurrently with the Design Review Board evaluation of the building permit plans. 5. The applicant shall work with the Design Review Board to explore alternatives to provide more variation for the proposed architecture. 6. Red roof tiles are not allowed. E. PARKING * 1. Regulatory signagej 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. F. GRADING * 1. Any grading on adjacent properties will require prior written approval of those property owners affected. * 2. 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 PAGE 10 OF RESOLUTION NO. 103-2006 * * * * 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. 3. 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. 4. 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. 5. All development shall take place in compliance with the Town Erosion Control Ordinance (Ord. 91-25). Restrictions include limiting construction primarily to the dry months of the year (May through October). If all or part of the 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. 6. All grading activity shall address National Pollutant Discharge Elimination system (NPDES) concerns. Specific measures to control sediment runoff, construction pollution and other potential construction contamination shall be addressed through the Erosion Control Plan (ECP) and Storm Water Pollution Prevention Plan (SWPPP). The SWPPP shall supplement the Erosion Control Plan and project improvement plans. These documents shall also be kept on-site while the project is under construction. A NPDES construction permit may be required, as determined by the City Engineer. PAGE 11 OF RESOLUTION NO. 103-2006 * * * * 7. 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. 8. All cut and fill areas shall be appropriately designed to minimize the effects of ground shaking and settlement. 9. Stockpiles of debris, soil, sand or other materials that can be blown by the wind shall be covered. 10. 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. 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. 2. 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. 3. 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. 4. 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 PAGE 12 OF RESOLUTION NO. 103-2006 * * * * * include slurry seal, overlay or street reconstruction if deemed warranted by the City Engineer. 5. 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. 6. Handicapped ramps shall be provided and located as required by the City Engineer. 7. 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. 8. A satisfactory private road, bioretention/bioswale areas, private storm drain and Iron Horse Trail access 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 and tree preservation. 9. The Project shall be required to install a stop sign and related pavement striping at the intersection of Hansen Lane and Orange Blossom Way. The speed control device shall be included on the Project Improvement Plans. 10. The Project shall be required to stripe curbs and install any necessary parking or circulation signage, as determined by the Transportation Division. 11. Prior to issuance of Building Permits, the speed control device and all signage and striping shall be installed as shown on the Improvement Plans. 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 District. The District's initial PAGE 13 OF RESOLUTION NO. 103-2006 * * * * * * * * comments on this project are summarized within their memorandum dated- July 1,2005. 2. All wastewater shall be disposed into an existing sewer system. Sewer disposal service shall be from the Central Contra Costa Sanitary District sewer system in accordance with the requirements of the District. 3. Drainage facilities and easements shall be provided to the satisfaction of the City Engineer and/ or the Chief Engineer of the Contra Costa County Flood Control & Water Conservation District. 4. All runoff from impervious surfaces shall be intercepted at the project boundary and shall be collected and conducted via an approved drainage method through the project to an approved storm drainage facility, as determined by the City Engineer. Development which proposes to contribute additional water to existing drainage systems 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. 5. 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. 6. Any portion of the drainage system that conveys runoff from public stre~ts shall be installed within a dedicated drainage easement, or public street. 7. 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. 8. 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. 9. . All new utilities required to serve the development shall be installed 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 NO. 103-2006 * * 10. All utility distribution facilities, including but not limited to electric, communication, and cable television lines, within a residential or commercial subdivision shall be under ground, except as follows: a. Equipment appurtenant to under ground facilities, such as surface mounted transformers, pedestal mounted terminal boxes and meter boxes, and concealed ducts; b. Metal poles supporting street lights. 11. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. 12. A public utility easement and public pedestrian access easement shall be recorded for a 10' wide path connecting Hansen Lane to the Iron Horse Trail as indicated on project plans. The easement documents shall be reviewed as part of the final map review process. The Iron Horse Trail access shall meet the requirements of East Bay Regional Park District and Contra Costa County Public Works, whose initial project comments are contained in letters dated June 21, 2005 and August 3, 2005, respectively. 1. MISCELLANEOUS * * * 1. The project shall be constructed as approved. Town staff may approve minor modifications in the design, but not the use. Any other change will require Planning Commission approval through the Development Plan review process. 2. 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. 3. Pursuant to Government Code section 66474.9, the applicant (including the applicant or any agent thereof) shall defend, indemnify, and hold harmless PAGE 15 OF RESOLUTION NO. 103-2006 * * * * 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 development 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. 4. Through the project maintenance agreement, homeowners shall be collectively and privately responsible for maintenance of all on-site roads, pedestrian ways, common landscape areas, common fencing, internal roads and parking areas, drainage facilities and any project installed off-site landscaping. Draft maintenance agreement shall be submitted to the Town of Danville for review and approval a minimum of 30 days prior to recordation of the final map. 5. Use of a private gated entrance is expressly prohibited. 6. 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. 7. 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 disposal 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. 8. The proposed project shall conform to the Town's Stormwater Management and Discharge Control Ordinance (Ord. No. 2004-06) and all applicable 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 PAGE 16 OF RESOLUTION NO. 103-2006 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. * 9. Prior to commencement of any site work that will result in a land disturbance of one (1) acre 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 ofFish and Game's Streambank Alteration Agreement have been or will be met. Such . evidence maybe a copy ofthepermit(s)/agreement and/or a letter from the applicant/ owner stating the above permit(s) are not required for the subject project. * 10. The project shall conform to the Regional Water Quality Control Board post- construction C.3 regulations which shall be designed and engineered to integrate into the project's overall site, architectural, landscaping and improvement plans. These requirements are contained in the project's Stormwater Control Plan and are to be implemented as follows: Prior to issuance of permits for building, site improvements, or landscaping, the permit application shall be consistent with the applicant's approved Stormwater Control Plan and shall include drawings and specifications necessary to implement all measures in the approved Plan. The permit application shall include a completed "Construction Plan C.3 Checklist" as described in the Town's 5 tormwater C.3 Guidebook. As may be required by the City Engineer and the Chief of Planning, drawings submitted with the permit application (including structural, mechanical, architectural, grading, drainage, site, landscape, and other drawings) shall show the details and methods of construction for site design features, measures to limit directly connected impervious area, pervious pavements, self-retaining areas, treatment BMPs, permanent source control BMPs, and other features that control stormwater flow and potential stormwater pollutants. Prior to building permit final and issuance of a Certificate of Occupancy, the applicant shall execute any agreements identified in the Stormwater 'Control Plan which pertain to the transfer of ownership and/or long- PAGE 17 OF RESOLUTION NO. 103-2006 term maintenance of stormwater treatment or hydrograph modification BMPs. Prior to building permit final and issuance of a Certificate of Occupancy, the applicant shall submit, for the Town's review and approval, a Stormwater BMP Operation and Maintenance Plan in accordance with the Town of Danville guidelines. Guidelines for the preparation of Stormwater BMP Operation and Maintenance Plans are in Appendix F of the Town's Stormwater C.3 Guidebook. APPROVED by the Danville Town Council at a regular meeting on August 8, 2006, by the following vote: AYES: NOES: ABST AINED: ABSENT: Stepper, Andersen, Arnerich, Doyle, Shimansky -None -None -None ~~ ./MA APPROVED AS TO FORM: ATTEST: ~13 ~J CITY ATTORNEY ~ PAGE 18 OF RESOLUTION NO. 103-2006