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HomeMy WebLinkAbout125-06 RESOLUTION NO. 125-2006 ADOPTING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND APPROVING FINAL DEVELOPMENT PLAN- MAJOR SUBDIVISION REQUEST SD 9014 ALLOWING THE SITE TO BE SUBDIVIDED INTO SIX SINGLE FAMILY PARCELS AND ALLOWING THE DEVELOPMENT OF SIX SINGLE FAMILY HOMES (BRADDOCK AND LOGAN - APN: 207-061-004, 007) WHEREAS, BRADDOCK AND LOGAN GROUP (Applicants/Owners) have requested approval of a Final Development Plan - Major Subdivision request (SD 9014) allowing a 3.36 + / - acre site to be subdivided into six single family residential parcels and the development of six single family homes; and WHEREAS, the subject site is located at 2440 Tassajara Lane and is further identified as Assessor's Parcel Number 207-061-044, 007; and WHEREAS, the Town of Danville P-1; Planned Unit Development District Ordinance requires approval of a Preliminary Development Plan - Rezoning prior to the establishment of a Final Development Plan - Major Subdivision request and the approval of a Final Development Plan - Major Subdivision request prior to the development of the site; and WHEREAS, the Danville Planning Commission did review the project at a noticed public hearing on August 29,2006, and did recommend that the Town Council approve the request; and WHEREAS, the Danville Town Council did review the project at a noticed public hearing on October 3, 2006; and WHEREAS, a Mitigated Negative Declaration of Environmental Significance has been prepared for the project indicating that, as amended through project modifications or recommended conditions of approval, no significant environmental 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, a staff report was submitted recommending that the Town Council approve the request; and PAGE 1 OF RESOLUTION NO. 125-2006 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 Danville Town Council adopts a Mitigated Negative Declaration of Environmental Significance and approves Final Development Plan - Major Subdivision request SD 9014 per the conditions contained herein, and makes the following findings in support of this action: Subdivision: 1. The proposed subdivision is in substantial conformance with the goals and policies of the 2010 General Plan. 2. The design of the proposed subdivision is in substantial conformance with the applicable zoning regulations. . 3. The design of the subdivision and the type of associated improvements will not likely cause serious public health problems because water and sanitary facilities services will be available to the six (four net) new parcels. 4. The density of the subdivision is physically suitable for the proposed density of development. 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. 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. 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 for the project. Each item is subject to review and approval by the Planning Division unless otherwise specified. PAGE 2 OF RESOLUTION NO. 125-2006 A. GENERAL 1. This approval is for a Preliminary Development Plan - Rezoning (PUD 2005-03) request and Final Development Plan - Major Subdivision (SD 9014) request to rezone the site from P-l; Planned Unit Development District to a new P-l; Planned Unit Development District and to subdivide the site into six single family lots. Project details such as architecture and landscaping are also included as part of the Final Development Plan. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; a. Site Aerial Photo, Preliminary/Final Development Plan/Vesting Tentative Map, Boundary and Topographic Survey, Site Cross Sections, Tree Removal Plan, Fence Detail, Hydrology Map, and C.3 Exhibit, as prepared by DK Associates, dated received by the Planning Division on August 23,2006. b. Architectural Plans Labeled "Gates Property," as prepared by William Hezmalhalch Architects, Inc., consisting of 11 sheets, dated received by the Planning Division on August 23, 2006. c. Landscape Plan labeled "Tassajara Lane," as prepared by Gates + Associates, dated received by the Planning Division on August 24, 2006. d. Geotechnical Exploration for the Gates and Kent Properties, as prepared by ENGEO Incorporated, dated received by the Planning Division on August 2,2005. e. Biotic Resources Study labeled "Tassajara Lane/ Gates Property," as prepared by H. T. Harvey and Associates Ecological Consultants, dated received by the Planning Division on August 2, 2005. f. Tree Report, labeled "Gates Property," as prepared by HORTSCIENCE, dated March 6, 2006. * 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, and shall be paid prior to issuance of said permit and prior to any Town Council final approval action. Notice should be taken specifically of the Town's PAGE 3 OF RESOLUTION NO. 125-2006 Transportation Improvement Program (TIP) fee ($2,000.00 per lot), Park Land In-Lieu fee ($47,352.00), Child Care Facilities fee ($335.00, per lot), SSC Regional fee ($942.00 per lot), SCC Sub-Regional fee ($2,600.00 per lot), Tri-Valley Transportation fee ($1,736.00 per lot), Flood Control & Water Conservation District fees ($3,870.00), and Plan Checking, Inspection, and storm Water Pollution Program fees. 3. This development shall be required to participate in, and pay the appropriate fees associated with, the Tassajara Lane Benefit District. 4. Prior to recordation of the parc~l map, the applicant shall reimburse the Town for notifying surrounding neighboring residents of the public hearing. The fee shall be $171.00 (76 notices X 3 notices at $0.75 per notice). * 5. 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. * 6. 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. 7. An archeological study and report shall be completed prior to commencement of any project activities. 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 4 OF RESOLUTION NO. 125-2006 * * 9. * 10. * 11. * 12. 8. Construction activity shall be restricted to the period between the weekday hours of 7:30 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, including grading, the applicant shall install a minimum 3'x3' 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. The applicant shall provide security fencing, to the satisfaction of the City Engineer and/ or the Chief Building Official, around the site during construction of the project. The applicant shall require their contractors and subcontractors to fit all internal combustion engines with mufflers, which are in good condition, and to locate stationary noise-generating equipment as far away from existing residences as feasible. A watering program which incorporates the use of a dust suppressant, and which complies with Regulation 2 of the Bay Area Air Quality Management District shall be established and implemented for all on and off-site construction activities. Equipment and human resources for watering all exposed or disturbed soil surfaces shall be supplied on weekends and holidays as well as workdays. Dust-producing activities shall be discontinued during high wind periods. 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. The first submittal for building permits shall be accompanied by an overall phasing plan. This plan shall address: off-site improvements to be installed in conjunction with each phase; erosion control for undeveloped portions of the site; timing of delivery of emergency vehicle access connections; and phasing of project grading. The phasing plan shall be subject to the review and approval of the City Engineer and Chief of Planning. PAGE 5 OF RESOLUTION NO. 125-2006 * * 13. As part of the initial submittal for the final map, plan check, and/or building permit review process (whichever occurs first), the applicant shall submit a written Compliance Report detailing how the conditions of approval for this project have been complied with. This report shall list each condition of approval followed by a description of what the applicant has provided as evidence of compliance with that condition. The applicant must sign the report. The report is subject to review and approval by the City Engineer and/ or Chief of Planning and/ or Chief Building Official, and may be rejected by the Town if it is not comprehensive with respect to the applicable conditions of approval. 14. Planning Division sign-off is required prior to final building inspection sign-off by the Building Division. 15. The applicant 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 obstruct traffic on Tassajara Lane. B. SITE PLANNING * * 2. * 3. 1. 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. 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. PAGE 6 OF RESOLUTION NO. 125-2006 4. Dimensional yard standards for structures developed on lots ill this development shall be as follows: Primary front yard setback: 20 feet (15 feet for side loaded garages) 15 feet Minimum 5 feet Minimum 15 feet Minimum 20 feet Secondary front yard setback: Side yard setback: Aggregate side yard setback: Rear yard setback: 5. Except as otherwise specified in these conditions of approval, use of lots created by this subdivision shall be governed by the restrictions of the R- 10 zoning district. 6. 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. Final landscape and irrigation plans (with planting shown at 1"=20'- scale) shall be submitted for review and approval by the Planning Division. The plan shall include common names of all plant materials and shall indicate the size that various plant materials will achieve within a five-year period of time. 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 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. A minimum of 25% of the true shrubs planted in the project (i.e., not including Lily of the Nile, Tawny Day Lily and. equivalent) shall be 10 or 15-gallon container size shrubs. PAGE 7 OF RESOLUTION NO. 125-2006 * 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. As per the Town's Tree Preseroation Ordinance, the applicant shall be required to mitigate the removal of three Town-protected Coast Red1.oood trees with a number and size of 15 gallon Valley Oak trees equal to the cumulative diameter of the trees to be removed. The exact location of the tree mitigation planting shall be subject to review and approval by the Planning Division. The applicant shall post a security acceptable to the Chief of Planning in the amount of $ 5,000.00 to insure the growth of these trees. The deposit shall be returned after a period of two years from installation upon verification that the mitigation trees have suroived. Trees that have not suroived shall be replaced. Deed notification shall be recorded to run with the titles of these lots disclosing to the property owner that the mitigation trees can not be removed without approval by the Town. 6. The applicant shall be required to comply with all of the recommendations contained within the Tree Report referenced under Condition of Approval A.1.f above. 7. The developer shall be required to install front yard landscaping for each residence within six months of occupancy. Alternatively, the individual homeowners may submit a landscape plan, which is of comparable or superior design and quality, for review and approval by the Planning Division. Where alternate landscaping is authorized for installation, front yard landscaping shall be installed within six months of occupancy of the affected residence. * 8. Except as approved as part of this permit, all 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. . * 9. A minimum of two street trees per lot (three for corner lots) shall be incorporated into the final landscape and irrigation plan for the project. 10. If it is not possible to schedule demolition and construction between August and January, then pre-construction suroeys for nesting birds shall be conducted by a qualified ornithologist to ensure that no nests will be disturbed during project implementation. This suroey should be conducted no more than 14 days prior to the initiation of demolition/construction activities during the early part of the breeding season (January through April) and no more than 30 days prior to the initiation of these activities during the late part of the breeding season (May through August). During this suroey, the ornithologist shall inspect all trees and PAGE 8 OF RESOLUTION NO. 125-2006 other potential nesting habitats (e.g., grasslands, buildings) in and immediately adjacent to the impact areas for nests. If an active nest is found sufficiently close to work areas to be disturbed by these activities, the ornithologist, in consultation with the California Department of Fish and Game, will determine the extent of a construction free buffer zone to be established around the nest, typically 250 feet, to assure no nest species protected by the Migratory Bird Treaty Act or State Code will be disturbed during project implementation. 11. Ifvegetation is to be removed by the project and all necessary approvals have been obtained, potential nesting substrate (e.g., bushes, trees, grass, burrows) that will be removed by the project should be removed before the start of nesting season (January) to help preclude nesting. Pre-removal surveys shall be required for some species. Removal of vegetation and structures should be completed outside of the nesting season. 12. Prior to recordation of the final map, a deed restriction shall be recorded to run with the title of all the lots in this subdivision notifying property owners of the requirement to maintain the bio-swales as approved on their properties (i.e., they can not be filled in and water put directly into pipes to gain more usable yard area). 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 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 applicant initiating the Building Division plan check process. Color mock-ups shall be made available at PAGE 9 OF RESOLUTION NO. 125-2006 * the project site prior to scheduling the project for final Design Review Board review. 5. If signing for the development is desired, in addition to any signs approved as part of this application, a comprehensive sign program shall be submitted to the Town for consideration under a separate application. 6. All residences within the proposed project shall be constructed with fire retardant concrete roof tiles, or approved equivalent, to reduce the potential for significant structure fire within the development, and the spreading of fire within the project and / or to adjacent areas in accordance with the Town of Danville Roofing Ordinance. 7. The rock wainscot elements shall be modified to wrap to the side elevations of all units to the fence line. 8. Cut sheets for exterior lighting fixtures shall be submitted for review by the DRB prior to issuance of building permits. E. SYCAMORE CREEK MITIGATION 1. No equipment shall be operated in the live stream channel. 2. No debris, soil, silt, bark, slash, sawdust, cement, washings, petroleum products or other organic or earthen material shall be allowed to enter into or be placed where it may be washed by rainfall or runoff into 'l~aters of the State. 3. The applicant shall comply with all of the recommendations contained within the Biotic Resources Study prepared for the site by H. T. Harvey and Associates. 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 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 PAGE 10 OF RESOLUTION NO. 125-2006 * * * * * 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. 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. PAGE 11 OF RESOLUTION NO. 125-2006 * * * 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. 11. The final soils/geotechnical report shall incorporate all the recommendations contained within the preliminary Geotechnical Investigation prepared by ENGEO Incorporated. G. STREETS * * * * 4. * 5. 1. 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. 2. 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. 3. Any damage to street improvements now existing or done during construction on or adjacent to the subject property shall be repaired to the satisfaction of the City Engineer, at full expense to the applicant. This shall include slurry seal, overlay or street reconstruction if deemed warranted by the City Engineer. Handicapped ramps shall be provided and located as required by the City Engineer. Private streets shall be improved to public street structural standards. PAGE 12 OF RESOLUTION NO. 125-2006 * 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. 6. A satisfactory private road and private storm drain maintenance agreement, including regular common maintenance of the bio-swales, 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. 7. The Project shall be required to stripe curbs and install any necessary parking or circulation signage, as determined by the Transportation Division. H. INFRASTRUCTURE * * * * * 1. Domestic water supply shall be from a public water system. Water supply service shall be from the East Bay Municipal Utility District water system in accordance with the requirements of the District. 2. All wastewater shall be disposed into a public 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. The existing private septic system and water well shall be removed in compliance with all requirements of the Contra Costa County Health Department. 4. 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. 5. All required improvements to area creeks for drainage purposes shall meet the requirements of existing Town of Danville, Contra Costa County Flood Control & Water Conservation District, the Department of Fish & Game, the Department of U.S. Fish and Wildlife, California Regional Water Quality Control Board and the United States Army Corps of Engineers codes and policies. 6. 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 PAGE 13 OF RESOLUTION NO. 125-2006 * * 8. * * 10. * 11. * 12. 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. 7. Roof drainage from structures shall be collected via a closed pipe and conveyed to an approved storm drainage facility. No concentrated drainage shall be permitted to surface flow across sidewalks. 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. 9. 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. 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. 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. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. 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 Development Plan reVIew process. PAGE 14 OF RESOLUTION NO. 125-2006 * * * * * 2. Use of a private gated entrance is expressly prohibited. 3. 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. 4. 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. 5. 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. 6. 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 of Fish and Game's Streambank Alteration Agreement have been or will be met. Such evidence may be a copy of the permit(s)/ agreement and/ or a letter from the applicant/ owner stating the above permit(s) are not required for the subject project. PAGE 15 OF RESOLUTION NO. 125-2006 APPROVED by the Danville Town Council at a regular meeting on October 3,2006, by the following vote: AYES: Stepper, Shimansky, Andersen, Arnerich, Doyle NOES: None ABSTAIN: None ABSENT: None APPROVED AS TO FORM: ~13~ ATTEST: CITY ATTORNEY CITY CLERK PAGE 16 OF RESOLUTION NO. 125-2006