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HomeMy WebLinkAbout104-06 RESOLUTION NO. 104-2006 APPROVING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND APPROVING FINAL DEVELOPMENT PLAN - MAJOR SUBDIVISION REQUEST SD 9078, ALLOWING THE SUBDIVISION OF A 3.6 +/- ACRE SITE LOCATED AT 3742 OLD BLACKHAWK ROAD INTO SIX PARCELS AND THE DEVELOPMENT OF SIX SINGLE FAMILY RESIDENCES (APN: 203-183-001 - T AMALARK LANE) WHEREAS, Mark Becker Incorporated (Owner and Applicant) has requested approval of a Preliminary Development Plan - Rezoning request PUD 2006-02, to rezone a 3.6+ / - acre property from a P-1; Planned Unit Development designation to a new P-1; Planned Unit Development designation and has also requested approval of Final Development Plan - Major Subdivision request SD 9078, to subdivide a 3.6 + / - acre parcel into six parcels for residential development; and WHEREAS, the subject site is "located at 3742 Old Blackhawk Road, and is further identified as Assessor's Parcel Number 203-183-001; 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, a Mitigated Negative Declaration of Environmental Significance has been prepared for the project indicating that, as required through approved mitigation measures, no significant environmental impacts are expected to be associated with this project; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on July 11, 2006 and approved a resolution recommending thatthe Town Council approve the project proposal; and WHEREAS, the Danville Town Council did review the project at a noticed public hearing on August 8, 2006; 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 of the Town of Danville approves a Mitigated Negative Declaration of Environmental Significance and approves Preliminary Development Plan- Rezoning request PUD 2006-02 and Final Development Plan - Major Subdivision request SD 9078, per the conditions herein, and makes the following findings in support of these actions: Preliminary Development Plan - Rezoning: 1. The proposed Rezoning would substantially comply with the Danville 2010 General Plan. 2. The uses authorized or proposed in the land use district are compatible within the district and to uses authorized in adjacent districts. 3. Community need has been demonstrated for the use proposed. Final Development Plan - Major Subdivision: 1. The proposed subdivision is in substantial conformance with the goals and policies of the Danville 2010 General Plan. 2. The design of the proposed subdivision is in substantial conformance with the applicable zoning regulations and is consistent with the surrounding development. 3. The design of the subdivision and the type of associated improvements would not likely cause serious public health problems because water and sanitary facilities services would be available to all six proposed parcels. 4. The density of the subdivision is physically suitable for the subject site and surrounding neighborhood. 5. The design of the proposed subdivision and improvements are not likely to cause substantial environmental damage or subsequently injure fish or wildlife or their habitat since this property is in an area where development has previously occurred. 6. The design of the proposed subdivision and proposed improvements would not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. PAGE 2 OF RESOLUTION 104-2006 CONDITIONS OF APPROVAL Conditions of approval with an asterisk ("*") in the left-hand column are standard project conditions of approval. Conditions of approval typed in italicized text are mitigation measures derived from the Mitigated Negative Declaration of Environmental Significance prepared for the project. Unless otherwise specified, the following conditions shall be complied with prior to the Town Council approval of the initial final map or issuance of a building permit 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 2006-02) rezoning the subject 3.6 + 1- acre property from a P-l; Planned Unit Development District to a new P-l; Planned Unit Development District with R-15 development standards for a proposed single-family residential development consisting of a maximum of six units. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein: a. Vesting Tentative Map, Preliminary Grading Plan, Sections, and Aerial Site Plan consisting of eight sheets, as prepared by Aliquot, and dated received by the Planning Division on June 15, 2006. b. Preliminary Architectural and Floor Plans, consisting of 11 sheets, as prepared by Mark Becker Design Planning, dated received by the Planning Division on July 5, 2006. c. Geotechnical Report, as prepared by Alan Kropp and Associates, Inc., dated March 8,2006. d. Arborist Report, as prepared by Joseph McNeil Consulting Arborist, prepared on February 4, 2006, received by the Town of Danville on February 6, 2006, and the Supplemental Report prepared on June 12, 2006, and the Supplemental Report prepared on June 13, 2006. e. Biological Resources Report, as prepared by Mosaic Associates LLC , prepared April 2006, dated received by the Town of Danville April 21, PAGE 3 OF RESOLUTION 104-2006 * * 2006. f. Riparian Restoration and Monitoring Plan, as prepared by Mosaic Associates, LLC, prepared May 2006, and dated received by the Town of Danville on May 15, 2006. g. Spring Rare Plant Survey, as prepared by Mosaic Associates, LLC, prepared on May 3, 2006, and dated received by the Town of Danville on May 15, 2006. h. Streambed Alteration Agreement, as prepared by Mosaic Associates, LLC, prepared on May II, 2006, and dated received by the Town of Danville on May 15, 2006. 2. The developer shall pay any and all Town and other related fees applicable to the property. 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 Map Checking Fee ($2,747), Improvement Plan Check Fee (3% of cost estimate), Engineering Inspection Fee (5% of cost estimate), Grading Plan Check, Inspection and Permit Fee, Base Map Revision Fee ($312), Excavation Mitigation Fee ($6,420), Park Land in Lieu Fee ($39,540), Child Care Facility Fee ($1,675), Finish Grading Inspection Fee ($305), Storm Water Pollution Program Fee ($210), SCC Regional Fee ($4,710), SCC Sub-Regional Fee ($13,000), TIP Residential Fee ($10,000), Tri-Valley Transportation Fee ($8,680). 3. Prior to the recordation of the final map the developer shall reimburse the Town for notifying surrounding neighboring residents of the public hearing. The fee shall be $ 381.00 (254 notices X $0.75 per notice x 2 notices). 4. Prior to the issuance of grading or building permits, the developer 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 would be, met to the satisfaction of these respective agencIes. 5. The developer 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 $1,300. This check shall be made payable to the Contra Costa County Recorders Office and shall be submitted to the Town within five days of PAGE 4 OF RESOLUTION 104-2006 * * * * * 10. project approval. The developer shall submit to the Town of Danville fees required to file a Notice of Determination for this project within 10 days of approval of this project. The fee shall be $25.00. 6. 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. 7. 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. Prior to any construction work on the site, including grading, the developer 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. 8. The developer 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. 9. The developer shall require their contractors and subcontractors to fit all internal combustion engines with mufflers, which are in good condition, and to locate stationary noise-generating equipment as far away from existing residences as feasible. A watering program which incorporates the use of a dust suppressant, and which complies with Regulation 2 of the Bay Area Air Quality Management District shall be established and implemented for all on and off-site construction activities. Equipment and human resources for watering all exposed or disturbed soil surfaces shall be supplied on weekends and holidays as well as workdays. Dust-producing activities shall be discontinued during high wind periods. PAGE 5 OF RESOLUTION 104-2006 * * 11. As part of the initial submittal for the final map, plan check, andlor building permit review process (whichever occurs first), the developer shall submit a written Compliance Report detailing how the conditions of approval for this project have been complied with. This report shall list each condition of approval followed by a description of what the developer has provided as evidence of compliance with that condition. The developer must sign the report. The report is subject to review and approval by the City Engineer andlor Chief of Planning andlor Chief Building Official, 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. The developer shall create a construction staging plan that addresses the ingress and egress location for all construction vehicles, parking and material storage area. This plan shall be subject to review and approval by the Town prior to the issuance of a grading permit. The construction staging plan shall not utilize any portion of the nearby roadway system, Old Blackhawk Road. 14. Prior to the issuance of grading permits, the developer shall retain a specialist to assess any rodent control impacts associated with the development. If necessary, the developer shall develop a rodent control plan, subject to review and approval by the Planning Division. 15. The design of the bridge, bridge abutment and construction materials and colors shall be subject to review and approval of the Town's Planning Division. 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 building. PAGE 6 OF RESOLUTION 104-2006 * 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. Pools shall be allowed to be constructed if feasible on Lots I, 4 and 6. Deed notifications stating this restriction shall be recorded to run with the deeds to these lots. 5. An access easement shall be recorded over the bridge between Lots 4 and 5. This easement shall allow both property owners the right to use the bridge for passive recreation, but shall not authorize a BBQ or outdoor fire area on the bridge. The intent of this easement is to allow for property owners to use the bridge to enjoy the scenic beauty of the area. 6. Project CC&R's shall include language addressing maintenance responsibilities for all common areas, including bridge and annual creek maintenance. This document shall be submitted to the Town of Danville to be reviewed by the City Attorney prior to recordation. 7. A Scenic Easement shall be recorded over the creek and all areas within the creek structural setback. No structures shall be allowed to be constructed within this area, including fences. The area of the Scenic Easement that is within the established top of bank to the structural setback may be landscaped and contain non-permanent structures. A deed notification regarding the scenic easements and associated restrictions shall be recorded to run with the deeds of each lot. C. LANDSCAPING 1. Finallandsca pe and irrigation plans (with planting shown at I" =20' scale) for the front and rear yard areas of all parcels 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 would achieve within a five-year period of time. Landscaping for the front and rear yard area of all six parcels shall be installed prior to final inspection of the homes. * 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. Proposed common maintenance lawn areas within the project shall not exceed a PAGE 7 OF RESOLUTION 104-2006 maximum of 25 percent of proposed common landscaped areas. * 3. 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. * 4. 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. 5. Authorization is granted to remove four Town protected trees identified as tree numbers 1139, 1141, 1166, and 874 in the Tree Report prepared by Joseph McNeil. 6. All existing trees on the site shall be preserved to the extent practical, except those authorized for removal as part of this project. Removal would be allowed only upon prior written approval from the Planning Division. 7. The tree preservation guidelines established in the tree survey/arborist report performed for this site 3742 Old Blackhawk Road, prepared by Joseph McNeil and dated February 4, 2006 shall be incorporated into the detailed site development plans. All recommendations from the supplemental arborist report shall be followed as part of site development. 8. Since construction activity would occur in the direct vicinity of 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 would be retained in good health. The developer 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. PAGE 8 OF RESOLUTION 104-2006 9. The developer shall hire a licensed arbonst to prepare a report 'which makes recommendations regarding pruning the onsite trees in order to maximize the long term health of these trees. Further, an arborist shall be on site to supervise all pruning of the trees on the site and in the creek to ensure the methods are implemented. 10. A licensed arborist shall provide written recommendations on the preferred method to install the retaining wall on Lot 6, which is proposed to be located within the dripline of a Town-identified protected oak tree. The pier holes for the wall shall be hand dug to minimize root disturbance to the tree. 11. The developer shall provide a row of evergreen trees and shrubs along the top of bank in the rear yard area of Lots 1 and 2, to ensure privacy year round between the adjacent property owners. 12. A 20 foot wide area along the east property line of Lot 1 shall be un obstructed between APN 203-172-007 and Lot 1 adjacent to Old Blackhawk Road, for the adjacent parcel to access the creek for necessary maintenance. 13. The final landscape plan for Lot 5 shall return to the Design Review Board for final approval. This plan shall include evergreen vegetation along Old Blackhawk Road, the project frontage. 14. The pedestrian bridge identified with "The Foley & BurkShows" lettering to remain shall be retrofitted to include hand rails and the installation of fixed benches. The project CC&R's shall include language which protects the integrity of the bridge and the historic nature of the sign painting on the bridge. 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. * 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. Samples of final materials and the proposed color palette shall be submitted for review and approval by the Design Review Board prior to the issuance of PAGE 9 OF RESOLUTION 104-2006 * * building permits for the project. 4. 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 developer initiating tl:e Building Division plan check process. 5. The project covenants, conditions and restrictions shall provide a review and approval process for any proposed repainting or re-roofing of exteriors of the units in this project. E. PARKING 1. The guest parking spaces shall be constructed of decorative paver material with a flush curb transition to the asphalt for the private road. 2. Project CC&Rs shall include language related to the maintenance of the private road, bridges, and guest parking spaces. In addition, the CC&Rs shall identify that the property owner private driveway approaches that include grass cells shall be required to be maintained by the homeowner of that parcel. F. GRADING/ENGINEERING * * 1. Any grading on adjacent properties would require prior written approval of those property owners affected. 2. At least one week prior to commencement of grading, the developer 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 would 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. PAGE 10 OF RESOLUTION 104-2006 * * * * * * * 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. 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. PAGE 11 OF RESOLUTION 104-2006 * 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 developer 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. 11. A Notice of Intent as well as the preparation of a Storm Water Pollution Prevention Plan would be required with the final construction plan set since the site is more than one acre is size. 12. A grading permit would be required. The grading plan would be required to address all comments and incorporate all recommendations contained in both the preliminary and final approved soil reports. The grading plan should be conditioned to reflect the proposed locations of all subdrains, areas subject to special remedial grading actions such as colluvium removal and replacement and required creek slope mitigation measures. All special buttressing and keyways would be required to be shown on the final approved grading plan set. 13. All grading and improvement plans shall be in conformance with the report prepared by Alan Kropp & Associates and any approved revisions thereto. The final soils report shall address recommendations for pavement design thicknesses. 14. The developer shall prepare and process a separate demolition, septic tank and well closure plan in addition to any required utility relocation plan. 15. The following comments are specific to the eight (8) sheet plan set for the Vesting Tentative Map prepared by Aliquot, dated February, 2006: a. The final map and improvement plans shall be modified to correctly reflect required PUE/PAUE widths to accommodate all required utility vaults, splice boxes and appurtenant underground joint trench facilities and EBMUD water meter boxes, as found necessary by the City Engineer; PAGE 12 OF RESOLUTION 104-2006 b. A supplemental soils report recommending final pavement design sections shall be submitted for review and approval prior to the issuance of a grading permit; c. The proposed new bridge shall be subject to issuance of a building permit. The final bridge plans, bridge coloring, and bridge railing treatment shall be subject to Planning Staff review and approval prior to issuance of a building permit. The bridge plans would be required to be submitted, reviewed and approved by the Contra Costa County Flood Control and Water Conservation District and the San Ramon Valley Fire Protection District prior to issuance of a building permit (attention is called to potential new traffic loads exceeding the historical H20 loading for the District); e. All areas subject to the structure setback criterion shall be reflected on the final subdivision map and coordinated with final approved creek cross sections, based upon a field survey, not aerial topography; f. A grading permit would be required. The Vesting Tentative Map reflects pad elevations but does not designate pad limits. The final grading plans submitted for grading permit issuance would be required to reflect all pad limits, interior pad splits and perimeter cut/ fill daylight lines. Any grading within the bed and bank of Sycamore Creek would be subject to Fish and Game and Army Corp of Engineers approval where applicable. The final grading plans shall be required to reflect the final alignment and location of recommended stitch piers; g. The developer shall provide structure setback computations at 100' intervals along Sycamore Creek with the final grading and improvement plans. The Final Map shall be required to reflect the final approved structure setback line; and h. The final hydrology and hydraulic report for the project must determine final 10 year and 100 year water surface elevations along Sycamore Creek, at 100' stationing, to verify that anticipated design flows are contained within the creek banks and conform to current Contra Costa County Flood Control design requirements. This information must be provided at the proposed new private bridge and at the existing bridge facility. The final approved 100 year hydraulic grade lines within Sycamore Creek shall be reflected on the final approved grading plan sheets. PAGE 13 OF RESOLUTION 104-2006 G. STREETS * * * * * 1. The developer 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 developer 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 developer. This shall include slurry seal, overlay or street reconstruction if deemed warranted by the City Engineer. I 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 developer shall supply to the City Engineer an up-to-date title report for the subject property. 6. 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.l. above and shall conform to Standard Plan 104 a and b. 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. PAGE 14 OF RESOLUTION 104-2006 * * * * * * * * 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 of the Town of Danville. 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 streets 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 developer 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. 10. All utility distribution facilities, including but not limited to electric, communication, and cable television lines, within a residential 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 PAGE 15 OF RESOLUTION 104-2006 boxes, and concealed ducts; and b. Metal poles supporting street lights. * 11. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. 1. BIOLOGICAL RESOURCES 1. The developer shall secure permits and approvals from the U.S. Army Corps of Engineers, the U.S. Fish and Wildlife Department, California Department of Fish and Game (CDFG), the Regional Water Quality Control Board, and the Contra Costa County Flood Control and Water Conservation District for all improvements affecting 'wetlands and for all improvements proposed on Sycamore Creek. 2. No work within the bed or banks of Sycamore Creek shall occur until a streambed alteration agreement is executed with the CD FG, and necessary permits are secured from the Army Corps of Engineers and the Regional Water Quality Control Board. Requirements by the CDFG shall be noted or graphically depicted on the construction plans. 3. Rare plant surveys shall be timed to coincide with the flowering period of target species (April and Summer) and shall be conducted to determine if any special-status plant species are present within the study area. If rare plants are present within the development area of the proposed project, the feasibility of avoidance shall be evaluated. If avoidance is not feasible, a mitigation plan shall be developed and implemented. 4. If site disturbance commences between February 15 and August 15, a pre- construction survey shall be conducted by a qualified wildlife biologist. If nests of either migratory birds of prey are detected on or adjacent to the site, a no-disturbance buffer (generally 75 feet for passerines and 250 feet for rap tors) in which no new site disturbance is permitted shall be observed until August 15th, or the qualified biologist determined that the young are foraging independently. The size for the no- disturbance buffer shall be determined by a qualified wildlife biologist, and shall take into account local site features and existing sources ofpotential disturbance. Ifmore than 15 days elapses between the survey and site disturbance, the survey shall be repeated. 5. Pre-construction surveys for California red-legged frogs and western pond turtles shall be conducted not more than 48 hours prior to the commencement of site disturbance. If California red-legged frogs are detected in an area where there is PAGE 16 OF RESOLUTION 104-2006 potential for a taking during construction, the CD FG and Wildlife Seroice shall be consulted to determine the appropriate course of action. If western pond turtles are detected, and they are likely to be disturbed during construction of the project, they shall be relocated to a suitable reach of creek upstream or downstream of the project. 6. Prior to construction, silt fencing or equivalent shall be installed along the top of bank to prevent the movement of amphibians or reptiles from the riparian area onto the project site. Vegetation shall be cleared from the soil surface prior to the installation of the silt fencing. The bottom of this fencing shall be buried to a depth of six inches and shall be checked and maintained weekly by the construction team to ensure that no gaps develop through which amphibians or reptiles could pass. This fencing shall be removed 'when construction of the proposed project is complete. 7. Prior to construction and the installation of the silt fencing described in MM 3-2, a qualified biologist shall conduct a training session on California red-legged frogs and western pond turtles for construction personnel. 8. A habitat assessment of on-site buildings and trees shall be conducted by a qualified bat biologist with a Memorandum of Understanding with CD FG for work with bats. The habitat assessment can be conducted at any time, excluding periods of rain. The habitat assessment would be conducted to identify evidence of past or present bat activity, and to determine the suitability of buildings or trees on the site for day and/or night roost habitat. If no bats or evidence of bat roosting activity are found, no further action is required and demolition shall occur within one week of the habitat assessment. 9. If evidence of past or present bat activity, or roosting bats or bat carcasses is obseroed, a qualified bat biologist shall make recommendations for appropriate measures to prevent "take". Such measures may include exclusion and humane eviction ofbats roosting within the structures during non-maternity seasonal periods of activity, specifically February 15 - April 15, and August 15 - October 15, and . partial dismantling of structures to induce abandonment by bats, or other appropriate measures. 10. Structures identified as potential night roosts only, shall be demolished during daylight hours only, when no bats are occupying the structure. 11. To avoid "take" of bats during tree removal, smaller trees surrounding large trees shall be removed before adjacent large trees (>18" diameter at breast height). Removal of smaller trees that are not used by bats would create a level of disturbance that should be sufficient to cause roosting bats to abandon the potential roost trees. Trees identified as providing potential roost habitat by a qualified bat biologist may also require removal of selected branches or limbs one day prior to complete removal, PAGE 17 OF RESOLUTION 104-2006 at the direction of the bat biologist. 12. Riparian trees and shrubs removed for construction of the project shall be replaced on site at not less than a 3:1 ratio (replacement:removal). 13. The area 'within the structure setback along the creek shall be protected in either a conservation easement or similar deed restriction, such as codes, covenants and restrictions (CC&Rs) which prohibit the development of structures and introduction of invasive non-native species within this area. Detailed language specifying prohibited uses within the structure setback area shall be adopted. J. MISCELLANEOUS * * * * 1. The project shall be constructed as approved. Minor modifications in the project design, but not its use, may be approved by Staff. Any other change would require Planning Commission approval through the Development Plan review process. 2. Conditions of this approval may require the developer to install public improvements on land over which neither the developer, nor the Town, has easement rights to allow for the installation of the improvements. The developer shall be responsible for acquisition of said easement rights through private negotiations. If the developer is unsuccessful in negotiations, the developer 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 developer. 3. Pursuant to Government Code section 66474.9, the developer (including the developer 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' approval concerning this Planned Unit Development Application, which action is brought within the time period provided for in Section 66499.37. The Town would promptly notify the developer of any such claim, action, or proceeding and cooperate fully in the defense. 4. The project homeowners' association, through project-specific covenants, conditions and restrictions (CC&Rs), shall be responsible for maintenance of all on-site roads, pedestrian ways, common landscape areas, common fencing, the project recreation areas, internal roads and parking areas, common drainage facilities and any project installed off-site landscaping. PAGE 18 OF RESOLUTION 104-2006 * * * * Draft project CC&Rs shall be submitted to the Town of Danville for review and approval a minimum of 30 days prior to recordation of the final map. 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 Planning Division 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 developer 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 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 would result in a land disturbance of one (1) acre or more in area, the developer 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 developer 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 would be met. Such evidence may be a copy of the permit(s)/ agreement and/ or a letter from the developer stating the above permit(s) is not required for the PAGE 19 OF RESOLUTION 104-2006 subject project. APPROVED by the Danville Town Council at a regular meeting on August 8, 2006, by the following vote: AYES: NOES: ABSTAINED: ABSENT: Stepper, Arnerich, Shimansky, Doyle, and Andersen None None None h~ APPROVED AS TO FORM: ATTEST: ?~13 ~ CITYATTORNEY J- PAGE 20 OF RESOLUTION 104-2006