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HomeMy WebLinkAbout099-07 RESOLUTION NO. 99-2007 APPROVING THE APPEAL BY SKYVILLA, LLC. OVERTURNING THE PLANNING COMMISSION'S ACTION ON JUNE 27, 2006 DENYING WITHOUT PREJUDICE DP 2005-06 AND ADOPTING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND APPROVING DEVELOPMENT PLAN REQUEST DP 2005-06 FOR A NEW 7,125+/- SQUARE FOOT RESIDENCE LOCATED WITHIN A TOWN- IDENTIFIED MAJOR RIDGELINE AREA (APN: 206-170-010 - SKYVILLA, LLC) WHEREAS, SKYVILLA, LLC (Applicant/Owner) has requested approval of a Development Plan application to construct a 7,125 + / - square foot residence within a Town-identified Major Ridgelinearea on a 10+/- acre site; and WHEREAS, the applicant is requesting an exception to the Town's Major Ridgeline and Scenic Hillside Ordinance to allow development of the residence within 100 vertical feet of a Major Ridgeline; and WHEREAS, the subject site is located at 1621 Lawrence Road and is further identified as Assessor's Parcel Number 206-170-010; and WHEREAS, the Town of Danville Major Ridgeline and Scenic Hillside Ordinance requires approval of a Development Plan prior to the development of a residence within a Major Ridgeline area; and WHEREAS, a Mitigated Negative Declaration of Environmental Significance has been prepared for the project indicating that, as mitigated through recommended conditions of approval, no significant negative environmental impacts are expected to be associated with this project; and WHEREAS, a staff report was submitted recommending that the Planning Commission approve the request; and WHEREAS, the Planning Commission did review and deny without prejudice the project at a noticed public hearing on June 27, 2006; and WHEREAS, the public notice of this action was given in all respects as required by law; and WHEREAS, the applicant subsequently appealed the Planning Commission's denial; and PAGE 1 OF RESOLUTION 99-2007 WHEREAS, the applicant submitted a revised application (DP 2006-15) including a reduced size 6,550 +1- square foot home; and WHEREAS, the Planning Commission did review and deny the project at a noticed public hearing on August 15,2006; and WHEREAS, the appeal of the Planning Commission's June 27, 2005 denial of DP 2005-06 was reviewed by the Danville Town Council during their meeting of November 21, 2006; and WHEREAS, the public notice of this action was given in all respects as required bylaw; and WHEREAS, a staff report was submitted recommending that the Town Council approve the request; and WHEREAS, at that meeting the Town Council denied the appeal upholding the Planning Commission's denial of DP 2005-06; and WHEREAS, after the Town Council denial, Skyvilla filed a timely lawsuit in Contra Costa Superior Court seeking a writ of mandate to overturn the Town Council decision and also alleging a taking; and WHEREAS, the writ of mandate cause of action was heard by the Honorable Thomas M. Maddock on July 27, 2007. Judge Maddock granted the writ, concluding that the findings contained in Resolution No. 140-2006 were not supported by substantial evidence in the record; and WHEREAS, the writ vacates the Town's previous decision and remands the case back to the Town Council for a new hearing in light of the decision; and WHEREAS, remanded Development Plan application was reviewed by the Danville Town Council during their meeting of September 18, 2007; 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 PAGE 2 OF RESOLUTION 99-2007 RESOLVED that the Danville Town Council approves the appeal overturning the Planning Commission's denial and approves a Mitigated Negative Declaration of Environmental Significance and approves Development Plan request DP 2005-06 per the conditions contained herein, and makes the following findings in support of this action: FINDINGS 1. The proposed siting and architecture of the new residence will not conflict with the intent and purposes of Ordinance 29-84 ("Scenic Hillside and Major Ridgeline Development"), in that development will be achieved with minimal grading and will not adversely impact predominate views of a Town-identified Scenic Hillside or Major Ridgeline area. 2. The proposed development is in conformance with the goals and policies of the 2010 General Plan. 3. The proposed development is in conformance with the zoning district in which the property is located. EXCEPTION a. Due to the application of this section, a structure could not otherwise be constructed on the parcel. Constraints are primarily related to landslide and geotechnical issues which have been identified which make alternate building sites unsafe andj or infeasible. b. The proposed siting, grading, landscaping and architecture are such that the development will not conflict with the purposes set forth in subsection 32-69.1.b. c. Approval of the exception is based on the specific, unique characteristics of the site as documented in the geotechnical and topographic reports for this project. As a result, the requirement for the creation of a scenic easement covering the un- buildable portions of the property is appropriate. CONDITIONS OF APPROV AL Conditions of approval with an asterisk (1/*1/) 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. PAGE 3 OF RESOLUTION 99-2007 Unless otherwise specified, the following conditions shall be complied with prior to the 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 a Development Plan application to construct a 7,125 + /- square foot residence located at 1621 Lawrence Road. An exception is granted to allow the development within 100 vertical feet of the Major Ridgeline. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; a. Architectural plans, including Site/Building Sections, Floor Plan, Elevations, and Roof Plan labeled 1/ Custom E.esidence Danville California Skyvilla L.L.c.,1/ dated received by the Planning Division on September 10, 2007 and consisting of six sheets. b. Grading and Drainage Plan by DeBolt Engineering dated received by the Planning Division on November 13, 2005. c. Preliminary Landscape Plan labeled 1/1621 Lawrence Road," dated received by the Town on September 10, 2007, as prepared by HWA Landscape Architecture Site Planning. * 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 cur~ent 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 Transportation Improvement Program (TIP) fee ($2,000.00), Park Land In- Lieu fee ($8,122.00), Child Care Facilities fee ($335.00), SCC Regional fee ($942.00), Tri-Valley Transportation fee ($1,736.00), Plan Checking and Inspection Fees, and the Lawrence Road Benefit District fee. 3. Prior to the issuance of a building permit, whichever occurs first, the applicant shall reimburse the Town for notifying surrounding neighboring residents of the public hearing. The fee shall be $18.75 (25 notices X $0.75 per notice) . * 4. Prior to the issuance of grading or building permits, the applicant shall submit written documentation that all requirements of the San Ramon Valley PAGE 4 OF RESOLUTION 99-2007 * * * * * 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. 5. 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 $1,250.00. A 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. 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 andj 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 applicant shall install a minimum 3' x 3' sign at the project entry which specifies the allowable construction work days and hours, and lists the name and contact person for the overall project manager and all contractors and sub- contractors working on the job. 8. The applicant shall provide security fencing, to the satisfaction of the City Engineer andj or the Chief Building Official, around the site during construction of the project. 9. 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. PAGE 5 OF RESOLUTION 99-2007 * 10. * 11. * 12. * 13. 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. If the applicant intends to construct the project in phases, then 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. As part of the initial submittal for the grading permit andj 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 andj or Chief of Planning andj or Chief Building Official, and may be rejected by the Town if it is not comprehensive with respect to the applicable conditions of approval. Planning Division sign-off is required prior to final building inspection sign- off by the Building Division. 14. Prior to the issuance of building permits for the project, the applicant shall record a deed notification to run with the title to the property that states that this parcel cannot be subdivided. 15. The following statement shall be recorded to run with the deed of the property acknowledging the historic rural nature of the area, and the rights of surrounding property owners to continue existing andj or future legally established ruralf agricultural uses: IMPORT ANT: BUYER NOTIFICATION This property is located in a historically rural area with existing rural and agricultural uses. Any inconvenience or discomfort from properly PAGE 6 OF RESOLUTION 99-2007 conducted agricultural operations, including nOIse, odors, dust, and chemicals, will not be deemed a nuisance. B. SITE PLANNING * 1. Exterior lighting shall be established and maintained at minimal functional levels of brightness. Light sources shall be screened to direct light onsite and to screen the light source from offsite views. Light fixtures shall be kept low to the ground. The final lighting plan shall be subject to review and approval by the Town's design Review Board. 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. 3. A scenic easement shall be dedicated to the Town of Danville covering the entire site below the 830 foot contour line. No construction of structures, substantial grading, or planting of non-native plant material, other than as approved by this project, will be allowed in this area. Modifications to the roadway and associated grading may be allowed at the discretion of the Town. 4. The seating area and path north of the residence shall be substantially as shown on the Landscape Plan included as an attachment to the report for this project, referenced under Condition 1.A.c above. The project Grading and Drainage plan shall be modified to be consistent with the Landscape Plan subject to review and ,approval by the Design Review Board prior to issuance of a grading or building permit for the project. C. LANDSCAPING * * 1. Final landscape and irrigation plans (with planting shown at 1"=20' scale) shall be submitted for review and approval by the Design Review Board. 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. PAGE 7 OF RESOLUTION 99-2007 * * * * 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 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. 5. The tree preservation guidelines established in the Tree Survey j Arborist Report performed for this site, prepared by Baefsky & Associates, dated December 29, 2005, shall be incorporated into the detailed site development plans. 6. If site construction activity occurs in the direct vicinity of the on-site and off- site protected trees, a security deposit in the amount of the assessed value of the tree(s) (calculated pursuant to the Town's Tree Protection Ordinance) shall be posted with the Town prior to the issuance of a grading permit or building permit to maximize the probability that the affected trees will be retained in good health. The applicant shall be required to secure an appraisal of the condition and value of all affected trees. The appraisal shall be done in accordance with the then current addition of the I/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. 7. In order to assure the survival of the required mitigation trees, the applicant shall submit a cash deposit, or other security acceptable to the Chief of Planning, in the minimum amount offive thousand ($5,000) dollars with a maximum amount of fifteen thousand ($15,000) dollars. After two (2) full growing seasons, the Planning Division shall inspect the health of the trees that were required to be planted. Prior to the Town's release of the security deposit, the applicant shall be required to replace any of the required trees that have not survived. Where replacement trees are required to be planted, the two (2) year security period shall be repeated. However, upon approval by the Chief of Planning, the amount of the security may be reduced to reflect the estimated value of the replacement trees. . PAGE 8 OF RESOLUTION 99-2007 8. The project landscape architect shall be required to be on-site during the landscape installation to verify proper installation prior to finalization of the building permit. The landscaping shall be subject to the review and ) acceptance by Town staff to verify that the installation of all required landscape material has been installed in accordance with the' plans. 9. Prior to the issuance of permits which initiate the development, the applicant shall be required to record a declaration to run with the title of the property to notify subsequent property owners of the obligation to maintain the required trees on the site in a healthy condition. 10. All fencing shall be open wire fencing. Fence posts shall be natural wood color, or painted a dark color. Solid wood fencing within thirty (30) feet of the primary structure may be considered through the development plan review process where such fences are found not to result in negative visual impacts. 11. Additional evergreen screen trees, such as oak trees and other varieties of trees, shall be planted in front (north) of the home, at a contour elevation as close to the residences' pad elevation as feasible, subject to review and approval by the Design Review Board prior to issuance of building permits. These trees shall be minimum 24 inch box size to help provide immediate screening. 12. The Italian cypress trees shown on the landscape plans shall be eliminated and replaced with a native evergreen variety tree, subject to review and approval by the Design Review Board prior to issuance of building permits. 13. Any visible portion of the water tanks shall be painted an earth tone color to blend in with the surrounding environment. D. ARCHITECTURE * 1. All ducts, meters, air conditioning andj 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 lighted and posted so as to be easily seen from the street at all times, day and night by emergency service personnel. PAGE 9 OF RESOLUTION 99-2007 * * 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 size 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 the project site prior to scheduling the project for final Design Review Board review. 5. The proposed home shall be limited to a maximum of22.5 feet in height. In addition, an earth berm shall be constructed around the more visible portions of the home to hide the lower portion of the home from view. In addition, substantial tree plantings shall be incorporated into the landscape plan and placed to screen the home to the extent feasible, subject to final review and approval by the Town and the Town's Design Review Board. Finally, exterior colors and roof materials shall be muted earth tone colors so as to blend in with the surrounding environment. 6. The window colors shall be changed to a more muted sand color or bronze, subj ect to final review and approval by the Design Review Board. 7. Mock-up colors shall be provided on-site for review and approval by the Design Review Board prior to the painting ofthe residence. 8. All project plans, including the landscape plan and Grading and Drainage Plan shall be modifies to be consistent with the approved architectural plans listed under AJ .a. above, prior to final review by the Town's Design Review Board and prior to issuance of building or grading permits. E. 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 PAGE 10 OF RESOLUTION 99-2007 * * * * responsibility. The person responsible for maintaining the list shall be included. The list shall be kept current at all times and shall consist of persons with authority to initiate corrective action in their area of responsibility. The names of individuals responsible for dust, noise and litter control shall be expressly identified in the notice. 3. Development shall be completed in compliance with a detailed soils report and the construction grading plans prepared for this project. The engineering recommendations outlined in the project specific soils report shall be incorporated into the design of this project. The report shall include specific recommendations for foundation design of the proposed buildings and shall be subject to review and approval by the Town's Engineering and Planning Divisions. 4. Where soils or geologic conditions encountered in grading operations are different from that anticipated in the soil report, a revised soils report shall be submitted for review and approval by the City Engineer. It shall be accompanied by an engineering and geological opinion as to the safety of the site from settlement and seismic activity. 5. All development shall take place in compliance with the Town Erosion Control Ordinance (Ord. 91-25). Restrictions include limiting construction primarily to the dry months of the year (May through October). If all or part of the construction does occur during the rainy season, the developer shall submit an Erosion Control Plan to the City Engineer for review and approval. This plan shall incorporate erosion control devices such as, the use of sediment traps, silt fencing, pad berming and other techniques to minimize erosion. 6. All grading activity shall address National Pollutant Discharge Elimination system (NPDES) concerns. Specific measures to control sediment runoff, construction pollution and other potential construction contamination shall be addressed through the Erosion control Plan (ECP) and Storm Water Pollution prevention Plan (SWPPP). The SWPPP shall supplement the Erosion Control Plan and project improvement plans. These documents shall also be kept on..;site while the project is under construction. A NPDES construction permit may be required, as determined by the City Engineer. 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. All cut and fill areas shall be appropriately designed to minimize the effects of ground shaking and settlement. 8. PAGE 11 OF RESOLUTION 99-2007 * * 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 andj 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. F. STREETS * * * 3. * 4. 1. 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. 2. 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. Private streets shall be improved to public street structural standards. Private street improvements, and their dimensions, shall be as shown on the project plans identified in #A.1. above and shall conform to Standard Plan 104 a & b. A satisfactory private road agreement shall be submitted for approval of the City Attorney prior to issuance of a building permit for the project. 5. The applicant shall be required to improve the existing private driveway to meet minimum Town and San Ramon Valley Fire Protection District requirements, as found necessary by the Town and the District. G. INFRASTRUCTURE * 1. Domestic water supply shall be from an existing public water system. Water PAGE 12 OF RESOLUTION 99-2007 * * * * * * * * supply service shall be from the East Bay Municipal Utility District water system in accordance with the requirements of District. 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 andf or the Chief Engineer of the Contra Costa County Flood Control & Water Conservation District. 4. All runoff from impervious surfaces shall be intercepted at the project boundary and shall be collected and conducted via an approved drainage method through the project to an approved storm drainage facility, as determined by the City Engineer. Development which proposes to contribute additional water to existing drainage systems shall be required to complete a hydraulic study and make improvements to the system as required to handle the expected ultimate peak water flow and to stabilize erosive banks that could be impacted by additional storm water flow. 5. Roof drainage from structures shall be collected via a closed pipe and conveyed to an approved storm drainage facility in the street curb. No concentrated drainage shall be permitted to surface flow across sidewalks. 6. 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. 7. The applicant shall furnish proof to the City Engineer of the acquisition of all necessary rights of entry, permits andf or easements for the construction of off-site temporary or permanent road and'drainage improvements. 8. 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. 9. All utility distribution facilities, including but not limited to electric, communication, and cable television lines, within residential or commercial developments shall be underground, except as follows: a. Equipment appurtenant to under ground facilities, such as surface mounted transformers, pedestal mounted terminal boxes and meter PAGE 13 OF RESOLUTION 99-2007 boxes, and concealed ducts; b. Metal poles supporting street lights. * 10. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. 11. The new residence shall connect to public water and sewer facilities and pay the Lawrence Road Benefit District fee. Connection to water and sewer shall be guaranteed through the subdivision improvement agreement for the project. 12. The applicant shall reduce post-development flows to predicted pre- development flow levels at the County line. The project shall under no circumstances result in a peak flow rate in Alamo Creek at the County line greater than the flow restriction of 132.3 cubic meters per second (4670 cfs), when considering ultimate development of the watershed. This flow limit was agreed upon by Alameda and Contra Costa Counties. The applicant shall mitigate this project's increase in peak flow rates within Alamo Creek by implementing one of the following measures: A. Constructing an on-site retention basin at the down gradient end of the project site to reduce post-development flows to predicted pre- development flow levels at the downstream project boundary and at the County line. The preliminary design of the basin shall be based on results from hydrology modeling which utilizes the CCCFC&WCD model or other hydrology modeling which meets the approval of CCCFC&WCD. OR, B. Obtain agreements and coordinate with other developments within the Alamo Creek watershed to increase the size and capacity of off- site retention basin(s), as necessary, to reduce this project's post- development flows to predicted pre-development flow levels at the County line. All off-site drainage mitigation in conjunction with any other development within the Alamo Creek watershed shall be subject to the review of the CCCFC&WCD and review and approval of the Public Works Department. OR, PAGE 14 OF RESOLUTION 99-2007 C. Project storm water shall drain to the southern end of the project and discharge into the Lawrence Road drainage system that runs south down Lawrence Road and discharges into Alamo Creek. Increased storm water run-off from this project and other development in the Lawrence Road area that will be served by this drainage system will be mitigated by retention facilities downstream of the Lawrence Road area. The applicant shall form a benefit assessment district or annex into an existing benefit assessment district to collect revenue for this project's fair share cost of maintaining the downstream storm water retention facilities. H. 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. 2. As a part of the issuance of a 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 applicantj 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 werej are being recycled according to their recycling plan, or in an equivalent manner. 3. The proposed project shall conform to the Town's StormwaterManagement 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, vehiclej 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. 4. Prior to commencement of any site work that will result in a land disturbance of one (1) acre or more in area, the applicantj owner shall submit evidence to the Town that the requirements for obtaining a State General Construction PAGE 15 OF RESOLUTION 99-2007 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 applicantj 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)j agreement andj or a letter from the applicant/ owner stating the above permit(s) are not required for the subject project. APPROVED by the Danville Town Council at a regular meeting on September 18,2007 vote: AYES: NOES: ABSTAINED: ABSENT: Shimansky, Andersen, Doyle, Stepper Arnerich None None ~~K~~ . AYOR APPROVED AS TO FORM: ~13 -;C.'J ATTEST: CITY ATTORNEY PAGE 16 OF RESOLUTION 99-2007