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HomeMy WebLinkAbout005-07 RESOLUTION NO. 05-2007 APPROVING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE, GENERAL PLAN AMENDMENT REQUEST GP A 2006-01, AND FINAL DEVELOPMENT PLAN - MAJOR SUBDIVISION REQUEST SD 9094, AMENDING THE LAND USE DESIGNATION OF SITE FROM COMMERCIAL- CONTROLLED MANUFACTURING TO RESIDENTIAL - MUL TIPLE FAMILY - HIGH / MEDIUM DENSITY (18 TO 22 UNITS PER ACRE), AUTHORIZING DEVELOPMENT OF A 34-UNIT APARTMENT CONDOMINIUM PROJECT, AND PROVIDING FOR THE FUTURE ABILITY TO INDIVIDUALLY SELL THE UNITS IN THE PROJECT UPON RECORDATION OF A CONDOMINIUM PLAN (APN: 218-040-044 - THE PRESERVE AT IRON HORSE TRAIL) WHEREAS, BLACKSMITH HOMES (Owners and Developers) have requested approval of General Plan Amendment Study request GP A 2006-01, Preliminary Development Plan - Rezoning request PUD 2006-01, Final Development Plan request DP 2006-02 and Major Subdivision request SD 9094 to authorize the development of an 1.76+ / - acre site with a 34-unit multiple family residential development, identified as The Preserve at Iron Horse Trail; and WHEREAS, the subject site occupies the northeast corner of intersection of Fostoria Way and the Iron Horse Trail and is further identified as Assessor's Parcel Number 218- 040-044; and WHEREAS, the proposed project requires the approval of a general plan amendment to allow residential development on the project site; and WHEREAS, the Town of Danville P-1; Planned Unit Development District Ordinance requires approval of a Preliminary Development Plan - Rezoning request and a Final Development Plan request prior to the construction of a residential development; and WHEREAS, the Town of Danville Subdivision Ordinance requires approval of a Major Subdivision request prior to recordation of a final map; and WHEREAS, a Mitigated Negative Declaration of Environmental Significance has been prepared for this project indicating that, as modified through project revisions and/ or recommended conditions of approval, no significant adverse environmental impacts are expected to be associated with the development of the property; and WHEREAS, the Danville Town Council did review the project at a noticed public hearing on January 16, 2006; and PAGE 1 OF RESOLUTION 05-2007 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 approve the proposed General Plan Amendment, and determined that the resultant development proposed through the above-cited development entitlement applications, will not violate the Town's growth management performance standards, as set in the Danville 2010 General Plan; and, be it further RESOLVED that the Town Council adopt the Mitigated Negative Declaration of Environmental Significance prepared for the project and approves General Plan Amendment Study request GP A 2006-01, Preliminary Development Plan - Rezoning request PUD 2006-01, Final Development Plan request DP 2006-02 and Major Subdivision request SD 9094, authorizing the redevelopment of the 1.76+/- acre site with a multiple family residential development and makes the following findings in support of this action: FINDINGS OF APPROVAL General Plan Amendment request: 1. The General Plan Amendment is consistent with the Goals and Policies of the 2010 General Plan, specifically Policies: 1.02 (scale, appearance and character of development); 1.04 (provide higher density residential development near shopping centers and bus routes); 1.06 (cumulative effects of development on community facilities and services); 1.08 (protect existing residential development from incompatible uses and traffic impacts); 1.13 (prohibit gated residential communities); 2.01 (achieve high standard of residential design); 2.07 (improve appearance of the community by encouraging aesthetically designed buildings, screening, adequate setbacks and landscaping); 3.01 (provide adequate pedestrian, bicycle and parking facilities); 3.08 (encourage the reuse of vacant and underutilized commercial buildings for more economically productive purposes, including new businesses, housing, and mixed use development); 4.02 (promote affordable housing); 5.06 (growth management policy relating to local and regional transportation system); 5.07 (growth management policy relating to parks, fire, police, sanitary sewer, water and flood control services); 9.02 (parkland acreage-per-resident performance standard); 10.03 (provide access links to trail systems); 10.06 (preserve and enhance Iron Horse Trail usage); 10.08 (work with EBRPD in developing access to District facilities); 11.01 (ensure new PAGE 2 OF RESOLUTION 05-2007 development pays fair share of the cost of civic and community facilities); 11.06 (ensure new development contributes its fair share towards development of school facilities); 15.05 (require design measures to accommodate access by pedestrians, bicycles and transit); 17.07 (protect surface water from pollution); 18.09 (encourage recycling); 19.05 (pursue "best management practices" for controlling stormwater runoff impacts); 20.06 (ensure appropriate structural and engineering standards are implemented); 21.04 (fire services response time performance standard); 23.01 (residential development to meet noise level guidelines); 24.05 (promote development patterns that reduce the need to travel by car); and 26.01 (police services response time performance standard). 2. The General Plan Amendment will not adversely effect the preservation of present aesthetics and other community qualities. 3. The General Plan Amendment will not adversely affect the Town's ability to maintain high-quality public facilities and services. 4. The General Plan Amendment will not adversely affect the quality of life within existing developed areas of the community because the community around the project is developed with a mix of uses, including directly proximate residential uses. 5. The General Plan Amendment will not adversely affect the harmony between Danville's development and it's physical setting. Preliminary Development Plan - Rezoning! Final Development Plan Requests: 1. The proposed Rezoning is in substantial conformance with the goals and policies of 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 uses authorized or proposed. Major Subdivision Request: 1. The proposed subdivision is in substantial conformance with the goals and policies of the Danville 2010 General Plan. PAGE 3 OF RESOLUTION 05-2007 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, in part, water and sanitary facilities services will be available to the project. 4. The density of the subdivision is physically suitable for the site and for the surrounding area. 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 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 final map or issuance of grading or building permits 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 General Plan Amendment Study request GPA 2006- 01, Preliminary Development Plan - Rezoning request PUD 2006-01, Final Development Plan request DP 2006-02 and Major Subdivision request SD 9094 involving an 1.76+/- acre site, located at the northeast corner of intersection of Fostoria Way and the Iron Horse Trail. Development shall be substantially as shown on the project drawings as follows: PAGE 4 OF RESOLUTION 05-2007 a. Floor Plans and Building Elevations, labeled "The Preserve at Ironhorse Trail," as prepared by William Hezmalhalch Architects and consisting of 10 sheets dated August 17, 2006. b. Vesting Tentative Map, Preliminary Grading Plan, BMP Exhibit, and Preliminary Utility Plan labeled "The Preserve at Ironhorse Trail," as prepared by Milani & Associates and consisting of one sheet and dated received by the Planning Division on December 15, 2006. c. Landscape Plan, labeled "The Preserve at Ironhorse Trail," as prepared by Gates & Associates and consisting of one sheet dated received by the Planning Division on August 17, 2006. d. Stormwater Control Plan C.3 Report for the Preserve at Iron Horse Trail, as prepared by Milani and Associates, consisting of two sheets, and dated December 14, 2006. 2. This entitlement includes authorization to utilize curbside parking along the subject property's Fostoria Way frontage to satisfy, in part, the project's guest parking requirement (i.e., five parking spaces are authorized to be located along Fostoria Way). 3. The developer shall be responsible for the payment of all development processing fees and impact fees associated with the project. The fee amounts to be paid shall be reflective of the fee schedules in effect at the time payment is made, with fees to be paid prior to any Town Council final approval action or issuance of permits, as may be applicable. In addition to various plan checking and inspection fees, notice should be taken of the following fees (below fee estimates reflect current project data and fee schedules in place as of October 20, 2006): Child Care Facilities Fee - Residential ($115.00junit) Parkland In-lieu Fee - Residential Excavation Mitigation Fee SCC Regional Fee - Residential ($1,023junit) SCC Sub-Regional Fee Residential ($2,823junit) Residential TIP Fee ($1,400junit) Tri-Valley Transportation Fee - Residential ($1,200junit) Base Map Revision Fee $ 3,910.00 TBD $ 13,300.00 $ 34,782.00 $ 95,982.00 $ 47,600.00 $ 40,800.00 $ 371.00 PAGE 5 OF RESOLUTION 05-2007 * * * Iron Horse Trail Fee Storm Water Program Fee Map Check Fees Improvement Plan Check Fee 3 % of Cost Estimate Engineering Inspection Fee 3 % of Cost Estimate Grading Permit, Plan Check & Inspection Fee $ 5,360.00 $ 672.00 $ 3,004.00 $ TBD $ TBD $ TBD The developer is eligible to receive reimbursement of up to $10,000 from the Town in exchange for constructing a sidewalk along the north side of Fostoria Way pursuant to the previously approved Conditions of Approval for MS 851-96. 4. Within 30 days of the effective date of this approval, the developer shall reimburse the Town for notifying surrounding residents and interested parties of the public hearings for the project. The fee shall be $672.75 (299 notices X $0.75 per notice X 3 notifications). 5. 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 have been, or will be, met to the satisfaction of the District. The District's initial comments on this project are dated May 18, 2006. 6. Prior to the issuance of building permits for the project, the developer shall verify that payment of the applicable school impact fees have been paid to the San Ramon Valley Unified School District. 7. The developer shall submit to the Town of Danville a $25.00 fee required to file a Notice of Determination for this project as required by AB 3185. The check for this payment shall be made payable to the Contra Costa County Recorder's Office and shall be submitted to the Planning Division within five days of the effective date of this approval. 8. 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 Development Services Department 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 PAGE 6 OF RESOLUTION 05-2007 * * 10. * 11. * 12. * 13. 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. 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. 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. 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. 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 serving that phase 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 heavy construction activity. in the adjoining area is complete, the area to be occupied is determined to be safe; accessible; provided with all reasonably PAGE 7 OF RESOLUTION 05-2007 expected services and amenities; and is appropriately separated from remaining additional construction activity. * 14. As part of the initial submittal for the final map, plan check, and/ or building permit or grading 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 and/ or Chief of Planning, and may be rejected if it is not comprehensive with respect to the applicable conditions of approval. 15. Except as provided for through these project conditions of approval, the allowable and conditionally allowable uses established within this project shall comply with the standards contained within the Town's M-29; Multiple Family Residential District Ordinance. * 16. Planning Division approval is required prior to final occupancy being authorized for any structure in the project by the Building Division. 17. 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 Planning Division prior to the issuance of a grading permit or building permit. 18. Prior to the issuance of grading permits, the developer shall retain a specialist to assess any rodent control impacts associated with grading activity and installation of project improvements related to the development. If deemed necessary through the Planning Division's review of this report, the developer shall develop a rodent control plan to the satisfaction of the Planning Division. 19. Project garages shall be subject to further review and approval by the Planning Division to assure they are appropriately sized and dimensioned to readily accommodate storage of individual household waste containers. Project rules placed within lease agreements (and, as may be appropriate, within project CC&Rs) that speak to the placement of individual waste containers outside of the garages for weekly pickup and address the PAGE 8 OF RESOLUTION 05-2007 allowable timeframe for their subsequent return to individual garages shall be subject to review and approval by the Planning Division. 20. Any post-completion exterior modifications to structures established in this mixed use project requires separate review and approval under a Revised Final Development Plan application. 21. In the event underground storage tanks or other remains from the previous uses on the site are discovered during excavation, project 'Work shall cease and a qualified professional shall be contracted to make recommendations on proper disposal methods. 22. The language for the EVA easement involving the Project Site and 3420 Fostoria Way shall be modified prior to the issuance of building permits. Modifications made to the EV A easement shall be substantially consistent with the agreement points identified by the applicant, and conceptually agreed upon by the property owners of 3420 Fostoria Way, in the letter dated January 31, 2007. Relief from individual components of the agreement letter may be considered and approved by the Town upon Town-determination that, despite documentation of diligent efforts made by Developer, the requisite approvals from the property owners of 3420 Fostoria Way could not be reasonably secured. The final modified language of the modified EVA shall be subject to review and approval by the Town prior to recordation. 23. For all new residential units established on this Project Site, the following deed notification statement shall be recorded. The deed notification shall run with the individual deeds of each residential unit, and shall document property buyer acknowledgement and acceptance of the historic light industrial uses located to the areas east and south of the Project Site and the associated rights of the surrounding property owners and commercial tenants of such properties to continue existing and/ or further legally established light industrial uses on those properties. Tenants that rent individual units within this apartment condominium project shall also be provided such notification. Important: BuyerfRenter Notification This subject apartment condominium project abuts properties that have historically been used for light industrial, commercial and office uses and which carry a L-I; Light Industrial District zoning designation. PAGE 9 OF RESOLUTION 05-2007 Allowable, and conditionally allowable uses in L-I; Light Industrial District may cause noise, odors, vibrations, smoke and may involve use of procedures and chemicals, which may be considered by occupants in the residential properties to create a nuisance condition but which may be continued on the L-I; Light Industrial District properties where such uses are consistent with the underlying L-I District regulations and! or consistent with approved land use permits. B. SITE PLANNING * 1. Parking lot lighting and exterior wall-mounted lighting shall be at the minimum lighting intensity necessary to provide adequate lighting for safety and security purposes. Light fixtures shall be of a design that generally screens the view of the light source and provides down-directed lighting. Prior to the issuance of building permits, the developer shall submit a photometric plan as part of the lighting plan that indicates lighting locations and fixture details and provides the corresponding photometric information. This plan shall be subject to review and approval by the Planning Division and Design Review Board. The Planning Division reserves the right to require field modifications if found necessary to prevent inappropriate levels of off-site light intrusion and! or glare. 2. 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. 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 over PAGE 10 OF RESOLUTION 05-2007 spray. Proposed lawn areas within the project shall not exceed a maximum of 25 percent of the landscaped areas. * 3. All trees shall be a minimum of IS-gallon container size. All trees shall be properly staked. All 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 the equivalent) shall be 10- or IS-gallon container size shrubs. * 4. All landscaped areas not covered by shrubs and trees shall be planted with live ground cover. All proposed ground cover areas shall be planted so that they fill in within two years. 5. The developer shall be required to construct a new six-foot high wooden fence (fence height as measured from the project side of the fence): along the north and west project boundaries and shall install a 8-foot high wood fence along the east project boundary. The new fencing shall be of a solid wood design and shall include minimum caliper 4" x 6" posts, I" x 8" fence boards, 2" x 6" top and bottom rails (not to be notched), and 2" x 8" kickplate. The fence posts, kickplate, and horizontal members of the fence shall be pressure treated Douglas Fir, or an approved equivalent. The developer shall be responsible for constructing the new fencing on the respective shared property boundaries and removing any old fencing. If the respective adjacent property owners do not agree to this arrangement, the developer may build the affected portion(s) of the new fencing adjacent to the old fencing and leave the existing fencing in its current location. The developer shall be required to show proof to the Planning Division that diligent efforts have been made to gain approval from all adjacent property owners to allow removal of existing fencing and to explore the possible use of an alternate fencing design. 6. The three Redwood trees located near the northern most pedestrian trail access to the Iron Horse Trail are authorized to be removed as part of this application. The two Redwood trees located northwest of the tot lot that are proposed for removal are not authorized for removal under this application. The developers shall be required to provide a minimum of three 24-inch box specimen trees for each tree removed as a result of the project's development that qualifies as a protected tree through the Town's Tree Preservation Ordinance. The number of trees, as well as the PAGE 11 OF RESOLUTION 05-2007 type of trees and their placement on the site, shall be subject to review and approval by the Planning Division. 7. The Developer shall install offsite street improvements (i.e. AC pathway, handicap ramps, transitions from new sidewalk or sidewalk and AC swales) to comply with minimum disabled access improvements to the extent that such improvements are located in already dedicated right-of- way and do not require the relocation or under grounding of existing improvements on the adjacent offsite property. 8. Onsite trees excluding the parking lot trees along the west property line shall be a species that provides a considerable amount of shade and is appropriately suited for local soil conditions, and which also have fast, balanced growth patterns. The tree species utilized shall be subject to review and. approval by the Planning Division. Planter areas shall be designed to accommodate the tree when mature. 9. Either Chinese Pistache or Raywood Ash trees shall be planted in the proposed planter strip along the west property line, and shall be maintained by the management company or homeowners as to not interfere with the existing power lines along this area. 10. The developer shall include the same masomy material on the fa<;ade of the C.3 flow through raised planters as used for the buildings. Thin brick may be used on the planters. 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. Trash, refuse and recycling shall be contained within trash/recycling enclosures that are architecturally compatible with the project architecture. Unless otherwise authorized by the Planning Division, enclosure design shall include six-foot high masomy walls on three sides with steel framed gates and wood bolted to the gates. Gates shall be self- closing and self-latching. Prior to the issuance of a building permit, the developer shall document that the trash/ recycling areas are appropriately sized and located. In the event the trash/ recycling areas are not properly PAGE 12 OF RESOLUTION 05-2007 sized for the development due to site constraints, then the property management company shall increase the amount of trash/ recycle pick up activities during the week to offset this requirement. The trash/ recycling areas shall be covered and bermed so as not to allow stormwater run-off to enter the area from adjacent surfaces. The area drains for the trash/recycling areas shall be connected to the sanitary sewer, not the storm drain system. 3. Prior to the issuance of building permits, the proposed method to denote building and unit addresses shall be submitted for review and approval by the Planning Division. Building and unit address numbering shall be posted so as to be easily seen from the street at all times, day and night by emergency service personnel. * 4. Colors and materials shall be substantially consistent with the color and material board submitted to the Design Review Board during their review of the project. Samples of final materials and colors shall be submitted for final review and approval by the Design Review Board prior to the issuance of building permits for the project. * 5. Final architectural elevations, details and revisions shall be submitted for review and approval by the Design Review Board (DRB) 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 DRB review concurrent with, or prior to, the developer initiating the Building Division plan check process. 6. As part of the submittal package for building permit review, the project architect shall submit a written report on the feasibility of incorporating electro-photovoltaic capability into the project. 7. Unless otherwise directed through building code regulC;ltions, roof vents which are visible from the private roadway system serving the residential portion of the project shall be limited to a maximum height of three inches for low profile roof vents. All residential roof vents shall be painted a color to blend with the roof and shall be painted with a flat finish. 8. In conjunction with the preparation of the final working drawings, efforts shall be made to maximize the individual storage areas available to all units. To the extent reasonably feasible, each unit should be supplied the following storage areas: entry closet storage area; closet storage on the PAGE 13 OF RESOLUTION 05-2007 patio/balcony areas; and overhead cabinet storage within garages. The exact location, size and configuration of the storage areas shall be subject to review and approval by the Planning Division prior to the issuance of building permits. 9. The applicant shall submit a detail of the typical ground-level patio area and the second floor deck that shall be reviewed and approved by the DRB. If feasible, the applicant shall integrate an exterior storage closet into the units and shall provide a hose bib for the ground floor patio areas. 10. A cornmon carwash area shall be created to serve the project. the wastewater created by washing cars shall be directed to the sewer collection system rather than the storm water collection system, unless otherwise authorized by the Storm Water Pollution Prevention Plan. If deemed necessary by the Planning Division, the cornmon carwash area shall be built with a roof canopy to limit storm water intrusion into the sewer collection system. E. PARKING * 1. All parking spaces shall be striped and shall be fronted by concrete curbs placed to provide for a two-foot automobile overhang into adjoining landscape areas. 2. Where authorized, compact car spaces shall be clearly designated with appropriate pavement marking. Compact spaces shall be no less than 8 feet in width and 17 feet in depth (with such dimension inclusive of allowable automobile overhang). The compact spaces established along the west edge of project should have the stall depth reduced by two feet so the adjoining landscape area can be widened by that same amount. * 3. Regulatory signage/ curb painting for non-parking sections of the interior roadways shall be provided, if deemed necessary, to the satisfaction of the San Ramon Valley Fire Protection District and the Engineering Division. 4. All residential garages shall be maintained and utilized for their intended purpose (i.e., to allow the parking of resident vehicles). Language shall be included within the individual residential lease agreements (and, as may be appropriate, within project CC&Rs) that specifies this requirement and establishes a mechanism for property-owner imposed fines for residents who do not comply with this requirement. PAGE 14 OF RESOLUTION 05-2007 5. Prior to the recordation of the final map or the issuance of building permits, the developer shall record appropriate vehicular access easements over the pertinent project drive aisles to reflect the approved emergency vehicle access through the adjoining property to the east. Language recorded for the easement shall be subject to review and approval by the Planning Division. 6. The developer shall prepare and submit a draft operational plan for Planning Division review and approval that shall serve to regulate against unnecessarily early trash pickup and shall regulate against unnecessarily early cleaning activities for such things as mechanical parking lot sweeping and the use of leaf blowers. The goal of preparing and implementing the plan is to regulate normal operational activity such that the disruption to surrounding residents is minimized by avoiding excessively noisy activity during early morning periods. 7. The applicant shall quit claim or otherwise extinguish the Access and Parking Easement dedicated to Parcel B on the map for Subdivision MS 851-96, and provide documentation to the Town of Danville that this action occurred prior to final map recordation. 8. The applicant shall secure a quit claim document from PG&E associated with the obsolete easement identified as "CL 10" Pole Easement (4560 or 227) extending under the proposed building on Lot 3, and provide documentation to the Town of Danville that this action occurred prior to final map recordation. 9. The Sanitary Sewer line that is located in the tot-lot area shall be relocated east to under the proposed sidewalk and the line to the south shall be located outside the tot-lot area in the sidewalk or parking area. 10. The developer shall obtain written permission from the neighboring property owner to the east before extending and connecting a waterline to the existing EBMUD main on the neighbor's property. Evidence of said written permission shall be forwarded to the Town. If the permission is not granted, the waterline connection shall be reconfigured to occur within the existing water meter service easement (2003-558803), subject to EBMUD approval. PAGE 15 OF RESOLUTION 05-2007 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 developer shall post the site and mail to: (1) the owners of property within 300 feet of the exterior boundary of the project site; (2) the homeowner associations of nearby residential projects; and (3) the Planning Division, a notice that construction work will be commencing at the project site. The notice shall include the appropriate list of project contact persons, indicating name, title, phone number and area of responsibility of such persons. The person responsible for maintaining the list shall also be indicated on the notice. The notice shall be kept current at all times, posting the 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 on the notice. 3. All grading and subdivision improvement work shall conform to the requirements and recommendations of the Geotechnical Investigation performed by Stevens, Ferrone, and Bailey dated August 11, 2006. 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 Engineering Division. It shall be accompanied by an engineering and geological opinion as to the safety of the site from settlement and seismic activity. 4. All development shall take place in compliance with the Town's Erosion Control Ordinance (Ord. 91-25). Restrictions include limiting construction primarily to the dry months of the year (May through October). If construction does occur during the rainy season, the developer shall submit an Erosion Control Plan to the Engineering Division 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. 5. 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 (UBC)( or its replacement in such case that the State of California adopts an alternate set of building regulations) PAGE 16 OF RESOLUTION 05-2007 and Town of Danville Ordinances. Structures shall be designed to reflect the site's location within Seismic Zone 4 and shall provide for the seismic zone factor, soil profile, and seismic coefficients cited in the project geotechnical report, identified as Soil and Foundation report, prepared by Engeotech, Inc. dated March 2001. 6. Special attention shall be given during project construction to the potential presence of high- to critically-high expansive soils. To limit or eliminate the potential for building damage resulting from volume changes associated with expansive soils, an appropriate combination of mitigation measures shall be integrated into the project design, as generally outlined in the project geotechnical report. Design criteria for the foundations used for the residential project shall be reflective of the recommendations found in the "Foundations" section of the project geotechnical report. 7. The recommendations included in the project geotechnical report, along with other sound engineering practices, shall be incorporated in the design and construction of the project. The project geotechnical report shall be supplemented with specific recommendations for foundation design of the proposed. buildings, with these recommendations subject to review and approval by the Development Services Department. The report shall include specific direction to the depth that shall be scarified on the site to allow for proper identification of any onsite hazardous materials or soil conditions that were not identified in the Phase I and Phase II Environmental Reports. A qualified environmental consultant shall inspect and provide a final report prior to the completion of grading operation that no hazardous material or soils were encountered during grading. 8. 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. In addition to notifying the Contra Costa County Health Department, the developer shall contact the Town of Danville. PAGE 17 OF RESOLUTION 05-2007 * * 9. 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 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 onsite while the project is under construction. A NPDES construction permit may be required, as determined by the Engineering Division. 10. All stockpiles of debris, soil, sand or other materials that can be blown by the wind shall be covered. G. STREETS * * * * 1. The developer shall obtain an encroachment permit from the Town of Danville, Contra Costa County, Central Contra Costa Sanitary District, and the City of San Ramon prior to commencing any construction activities within any public right-of-way or easement controlled by these agencIes. 2. Project street signing shall be installed by the developer, as may be required by the Engineering Division. 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 Engineering Division, at full expense to the developer. This shall include slurry seal, overlay or street reconstruction if deemed warranted by the Engineering Division. 5. All improvements within Fostoria Way, including curb, gutter, sidewalks, driveways, paving and utilities, shall be constructed in accordance with approved public right-of-way standards and/ or plans and shall comply with the standard plans and specifications of the Development Services PAGE 18 OF RESOLUTION 05-2007 Department and Chapters XII and XXXI of the Danville Municipal Code. At the time project improvement plans are submitted, the developer shall supply to the Engineering Division an up-to-date title report for the subject property. * 6. Handicapped ramps shall be provided and located as required by the Engineering Division. 7. Fostoria Way shall be improved to Danville's public street standard and shall be offered for dedication as a public street on the final map. The Town will not accept the right-of-way dedication until the abutting segment of Fostoria Way to the west is accepted as a public street by the City of San Ramon. In the event neither the Town nor the City of San Ramon accepts Fostoria Way as a public street, the right-of-way area shall be owned and maintained by the developer, his heirs, successors, or assigns. A shared maintenance agreement shall be established addressing the maintenance of this segment of Fostoria Way. This agreement shall be submitted for review and approval of the City Attorney prior to Town Council approval of the final map or issuance of building permits. * 8. Private streets shall be improved to public street structural standards unless otherwise authorized by the Engineering Division. Private street improvements, and their dimensions, shall be substantially as shown on the project plans identified in #A.1. above and shall conform to Standard Plan 104 a & b. 9. The developer shall be responsible for the installation of street improvements along the site's Fostoria Way frontage. Public improvements that are to be the developer's responsibility to install shall include disabled access from the existing sidewalk west of the Iron Horse Trail to the project site. The developer shall also construct any required Iron Horse Trail crossing enhancements such that the trail crossing on Fostoria Way conforms to current EBRPD standards. 10. Trail improvements and appropriate trail crossing signage and markings necessary to connect onsite pedestrian walkways with the existing Iron Horse Trail shall be subject to review and approval by the Planning Division, East Bay Regional Park District and Contra Costa County. Trail access entrances at the project boundary shall be a minimum width of six feet. Encroachment permits shall be secured by the developer from both East Bay Regional Park District and Contra Costa County for the trail PAGE 19 OF RESOLUTION 05-2007 connections. The trail connection improvements shall be constructed and paid for by the developer. H. INFRASTRUCTURE * * * * * * 1. Domestic water supply shall be from an existing public water system. Water supply service shall be from the East Bay Municipal Utility District (EBMUD) water system in accordance with the requirements of the District. The developer shall submit approved development plans to EBMUD's New Business Office to request a water service estimate to determine the cost and conditions of providing water service to the project. Developer is advised that engineering and installation of water mains and services requires substantial lead-time, which should be accounted for in the developer's development schedule. 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 Engineering Division. 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 Engineer Division. 5. Unless otherwise directed through the project's approved Stromwater Control Plan, 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. PAGE 20 OF RESOLUTION 05-2007 * * * * 8. The developer shall furnish proof to the Engineering Division of the' acquisition of all necessary rights of entry, permits andlor easements for the construction of off-site temporary or permanent road and drainage improvements. 9. Electrical, gas, telephone, and Cable TV services, shall be provided underground in accordance with the Town policies and existing ordinances. All utilities shall be located and provided within public utility easements, sited to meet utility company standards, or in public streets. 10. All new utilities required to serve the development shall be installed underground. 11. 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 the Planning Division. Any other change will require Planning Commission approval through the Revised Final Development Plan application and review process. 2. 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's approval concerning this Development Plan application, which action is brought within the time period provided for in Section 66499.37. The Town will promptly notify the developer of any such claim, action, or proceeding and cooperate fully in the defense. 3. Use of a private gated vehicular entrance for the project is expressly prohibited. The private access connections to the Iron Horse Trail serving the residential portion of the project may be keyed access gates to just serve project residents. PAGE 21 OF RESOLUTION 05-2007 4. The location, design and number of gang mailbox structures serving the residential portion of the project shall be subject to review and approval by the Design Review Board and the local Postmaster. 5. Drawings submitted with applications for grading and building permits (including structural, mechanical, architectural, grading, drainage, site, landscape, and other drawings) shall be consistent with the Stormwater Control Plan and shall show, as appropriate, the details and methods of construction for the 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. 6. Prior to issuance of a Certificate of Occupancy, the developer shall submit a detailed Stormwater Facilities Operation and Maintenance Plan. Instructions for preparing a Stormwater Facilities Operation and Maintenance Plan are being developed by the Contra Costa Clean Water Program. 7. Prior to issuance of a Certificate of Occupancy, the developer shall execute a Stormwater Facilities Operation and Maintenance Agreement with the Town. 8. This project shall be responsible for the provision of a minimum of five residential units that shall be made available to moderate income households, as defined by the State Department of Housing and Community Development (HCD) and the United States Department of Housing and Urban Development (HUD). The developer shall enter into a formal agreement with the Town which specifies the maximum income of the buyers, regulates the terms of occupancy, resale or any other restriction deemed necessary to assure the long term affordability of the units to moderate income households. This agreement shall be subject to approval by the Town Council prior to recordation of the final map for the project or issuance of building permits, whichever occurs first. 9. In the event that the residential portion of the project is converted to individually owned condominium units, a homeowner's association shall be formed for the development. The project homeowner's association, through project-specific covenants, conditions and restrictions (CC&Rs), shall be responsible for maintenance pedestrian ways, common landscape areas, common fencing, project recreation areas, internal roads and PAGE 22 OF RESOLUTION 05-2007 parking areas, common drainage facilities and any project related off-site landscaping, and maintenance and upkeep of the exterior of all structures in the project. The CC&Rs shall include all restrictions related to parking and storage specified in these conditions of approval. Draft CC&Rs shall be submitted to the Planning Division and City Attorney for review and approval a minimum of 60 days prior to the individual sale of any of the units. A note shall be placed on the final map for this project which specifies the requirement that the Town must have review and approval authority for project-specific CC&Rs prior to the individual sale of any of the units. APPROVED by the Danville Town Council at a regular meeting on February 6, 2007, by the following vote: AYES: NOES: ABSTAINED: ABSENT: Andersen, Arnerich, Stepper & Doyle Shimansky 1l~ w. ~4 APPROVED AS TO FORM: ~13 ~} CITY ATTORNEY ~ 'CITY CLERK - · PAGE 23 OF RESOLUTION 05-2007