HomeMy WebLinkAbout081-08
RESOLUTION NO. 81-2008
CERTIFYING A FINAL ENVIRONMENTAL IMPACT REPORT, APPROVING
MAJOR SUBDIVISION REQUEST SD 9009, AND APPROVING FINAL
DEVELOPMENT PLAN REQUEST DP 2005-20
(ELWORTHY RANCH, LLC.)
(APN: 208-230-020, 021, 030, 031, 032, 033)
WHEREAS, ELWORTHY WEST, LLC. (Applicant/Owner) has requested approval of a
Major Subdivision and Final Development Plan to allow the development of 84 single
family residential units and 12 multiple family apartment units on a 459+ / - acre site;
and
WHEREAS, a Preliminary Development Plan - Rezoning (PUD 2005-02) is also
requested to rezone the site from A-4; Agricultural Preserve District to P-1; Planned
Unit Development District. The rezoning approval is contained within associated Town
Council Ordinance No. 2008-06; and
WHEREAS, the subject site is located in the southwest quadrant of the Town of
Danville, on the west side of Interstate 680, approximately one mile south of the San
Ramon Valley Boulevard/Sycamore Valley Road intersection. The site is situated on
the eastern slope of Las Trampas Ridge and is further identified as Assessor's Parcel
Numbers 208-230-020,021,030,031,032,033; and
WHEREAS, the Town of Danville P-1; Planned Unit Development District Ordinance
requires approval of a Preliminary Development Plan - Rezoning application prior to
the approval of a Final Development Plan - Major Subdivision request; and
WHEREAS, the Planning Commission did review the project at a noticed public
hearing on May 13, 2008; and
WHEREAS, at that meeting the Planning Commission recommended that the Town
Council approve the request; and
WHEREAS, the public notice of this action was given in all respects as required by law;
and
WHEREAS, in conformance with the requirements of the California Environmental
Quality Act (CEQA), an Environmental Impact Report has been prepared for the
project. As amended through project modification or recommended mitigation
measures, no significant negative environmental impacts are expected to be associated
with the project; and
PAGE 1 OF RESOLUTION NO. 81-2008
WHEREAS, the Danville Town Council did review the project at a noticed public
hearing on July I, 2008; and
WHEREAS, the public notice of this action was given in all respects as required by law;
and
WHEREAS, the project's parkland dedication obligations have been satisfied through
the project's provision of adequate acreage of private and public recreational facilities;
and
WHEREAS, a staff report was submitted recommending that the Town Council
approve the request; and
WHEREAS, the Town Council did hear and consider all reports, recommendations, and
testimony submitted in writing and presented at the hearing; now, therefore, be it
RESOLVED that the Danville Town Council certifies the Final Environmental Impact
Report and approves Major Subdivision request SD 9009 and Final Development Plan
request DP 2005-20 subject to the conditions contained herein, and makes the following
findings in support of this action:
FINDINGS
Certification of Final Environmental Impact Report
1. The final Environmental Impact Report has been completed in compliance with
the California Environmental Quality Act (CEQA).
2. The final Environmental Impact Report was presented to the Planning
Commission of the Town of Danville and the Planning Commission reviewed
and considered the information contained in the final Environmental Impact
Report prior to approving the project.
3. The final Environmental Impact Report reflects the Town of Danville's
independent judgment and analysis.
Major Subdivision - Vesting Tentative Map
1. The proposed subdivision is in substantial conformance with the goals and
policies of the Danville 2010 General Plan. The Elworthy West property is listed
as a Special Concern area within the 2010 General Plan. The proposal is
PAGE 2 OF RESOLUTION NO. 81-2008
consistent with the following language related to this site contained within the
General Plan:
a. The proposed development will result in minimal visual impact and very
little change to the natural features that define the site. The
Environmental Impact Report that was prepared for the project concludes
that the project will have no significant visual impact.
b. By offering a significant portion of the site to the East Bay Regional Park
District, and providing a staging area and public access easement to the
open space, the development provides for a connection between Danville
and the regional park system.
c. The areas of the site considered unsuitable for development will be
retained as permanent open space.
d. The most visually prominent portions of the site will remain undeveloped.
e. The project does not propose any inappropriate extensive cut and fill to
accommodate development of the steeper areas of the site.
f. The project proposes residential development on the flatter portions of the
site along San Ramon Valley Boulevard, forming a link between the
California Chateau neighborhood to the south and the Ocho Rios and
Morris Ranch/Podva/Town and Country areas to the north.
g. The density of the proposed project is compatible with the densities of the
adjacent development to the north and south.
h. The maximum elevation of the development of the site respects the
elevation of the development to the north and south as the proposed
development would be lower in elevation than both adjacent
developments.
1. The design and alignment of proposed local streets will nurunuze
increases of through traffic on local streets in adjacent neighborhoods as
no roadway connections are proposed.
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 96 new units.
PAGE 3 OF RESOLUTION NO. 81-2008
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. The Environmental Impact Report prepared for the project
concludes that, with mitigation, the project will not result in any significant
adverse environmental impacts.
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.
Final Development Plan
1. The final Development Plan will not be detrimental to the health, safety, and
general welfare of the Town.
2. The final Development Plan will not adversely affect the orderly development of
property within the Town.
3. The final Development Plan will not adversely affect the preservation of
property values and the protection of the tax base within the Town.
4. The final Development Plan will not adversely affect the policy and goals as set
by the 2010 General Plan.
5. The final Development Plan will not create a nUIsance and\ or enforcement
problem within the neighborhood or community.
6. The final Development Plan will not encourage marginal development within
the neighborhood.
PAGE 4 OF RESOLUTION NO. 81-2008
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
Environmental Impact Report 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.
A. GENERAL
1. This approval is for a Preliminary Development Plan - Rezoning (PUD 2005-
02), Major Subdivision (SD 9009), and Final Development Plan (DP 2005-20)
request to rezone the site from A-4; Agricultural Preserve District to P-l;
Planned Unit Development District allowing the development of 84 single
family residential units and 12 multiple family apartment units on the site.
The 96 total units would be constructed on approximately 12 acres of the site,
directly adjacent to San Ramon Valley Boulevard. For the remainder of the
site, approximately 232 acres of the upper portion of the site would be offered
as a dedication to the East Bay Regional Park District to be incorporated into
the Las Trampas Regional Wilderness, and 182 + / - acres would be
encumbered with a protective easement, allowing no future development.
An approximately four acre area would be reserved for the future
development of a private equestrian facility. The existing Elworthy residence
would be retained on a five acre parcel. Development shall be substantially as
shown on the project drawings as follows, except as may be modified by
conditions contained herein;
a. Landscape Plans labeled "Elworthy Ranch," as prepared by Gates and
Associates dated April 16, 2008 and Vesting Tentative Map labeled
"Elworthy Ranch," as prepared by BKF Engineers, dated April 18,
2008, collectively consisting of a total of 14 sheets.
b. Architectural Site Plans, Elevations, and details labeled "Elworthy
West," as prepared by Loving & Campos Architects, Inc., dated April
4,2008, consisting of 22 sheets.
PAGE 5 OF RESOLUTION NO. 81-2008
c. Draft Environmental Impact Report labeled "Elworthy Ranch
Environmental Impact Report," prepared by RBF Consulting dated
November 2007.
d. Final Environmental Impact Report labeled "Elworthy Ranch
Environmental Impact Report," prepared by RBF Consulting dated
April, 2008.
e. Stormwater Management Plan as prepared by Balance Hydrologies,
dated May, 2008.
f. Staff Study for the central portion of the site plan including the
previously reviewed design of the community pool, lot layout, and
retaining walls, labeled Exhibit F4 and attached to the staff report for
this project.
2. All Town and other related fees that the property may be subject to shall
be paid by the applicant. 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 following:
The following fees for 86 single family homes and 12 multi-units are due
at final map approval for the above-mentioned project:
1. Base Map Revision Fee (90+1- parcels @ $81) ................................$ 7,290.00
2. Drainage Area 37 A (Flood Control) .................................................$1,850.00
3. Excavation Mitigation Fee (Flood Control)...................................$ 40,220.00
4. Final Map Check Fee (90+1- parcels) ...............................................$ 6,185.00
5. Improvement Plan Check Fee ..........................................3% of cost estimate
6. Engineering Inspections Fee............................................. 5% of cost estimate
7. Grading Plan Check, Inspection & Permit ...............................................TBD
The following fees are due at building permit issuance for the above-
mentioned project:
1. Child Care Facilities Fee (Single-family units) ..............................$335/unit
2. Child Care Facilities Fee (Multi-family units) ..............................$ 1151 unit
3. Storm Water Pollution Program Fee (Single-family)......................$46/unit
4. Storm Water Pollution Program Fee (Multi-family) ........... $1881 structure
5. SCC Regional Fee ........................................................................... $ 1,1011 unit
6. SCC Sub-regional Fee......................... ....... .............. .......... ............ $ 3,0381 unit
PAGE 6 OF RESOLUTION NO. 81-2008
7. Residential TIP Fee (Single-family) .............................................$ 2,OOOjunit
8. Residential TIP Fee (Multi-family) .....~........................................$1,400junit
9. Tri-Valley Transportation Fee (Single-family)...........................$ 2,029junit
10. Tri-Valley Transportation Fee (Multi-family)............................$l,290junit
3. Prior to recordation of the final map, the applicant shall reimburse the
Town for notifying surrounding residents of this project. The fee shall be
$ 3,330 ($1,003 notices X 4 notifications X $0.83 per notice).
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4.
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.
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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 $2,606.75. In addition, the applicant shall pay the County
processing fee of $50.00. These check shall be made payable to the Contra
Costa County Clerk's Office, and shall be submitted to the Town within
five days of project approval.
6. A qualified archaeologist shall monitor ground disturbance within 500 feet of the
northern project boundary in the development area. In the event that suspected
archaeological materials are uncovered during site preparation or construction,
project development activity shall cease in the immediate vicinity of the find, the
discovery shall be evaluated, and appropriate treatment options developed.
Archaeological monitors shall be empowered to halt construction activities at the
location of the discovery to review possible archaeological material and to protect
the resource. while the finds are being evaluated. Monitoring shall continue until,
in the archaeologist's judgment, cultural resources are not likely to be
encountered.
If deposits of prehistoric archaeological materials are discovered during project
activities, all work within 25 feet of the discovery shall be redirected until the
archaeological monitor assesses the situation and provides recommendations.
Adverse effects to such deposits shall be avoided by project activities. If such
deposits cannot be feasibly avoided, they shall be evaluated for their eligibility for
listing in the California Register of Historical Resources or the Town's Historic
Sites Inventory. If the resources are not eligible, avoidance is not necessary. If the
resources are eligible, they shall be avoided to ensure no adverse effects or such
effects must be mitigated. Upon completion of the assessment, the archaeologist
shall prepare a report documenting the methods and results, and provide
PAGE 7 OF RESOLUTION NO. 81-2008
recommendations for the treatment of the archaeological materials discovered. The
report shall be submitted to Elworthy Ranch, LLC, the Town of Danville
Development Services Department, and the Northwest Information Center.
7. If deposits of prehistoric or historical archaeological materials are encountered
during project activities in any areas not archaeologically monitored, all work
within 25 feet of the discovery shall be redirected and a qualified archaeologist
contacted to assess the finds and make recommendations. Project personnel shall
not collect or move any archaeological materials or human remains and associated
materials.
It is recommended that adverse effects to archaeological deposits be avoided by
project activities. If such deposits cannot feasibly be avoided, they shall be
evaluated for their eligibility for listing in the California Register of Historical
Resources or the Town's Historic Sites Inventory. If the deposits are not
significant, avoidance is not necessary. If the deposits are eligible, they shall be
avoided or adverse effects must be mitigated.
Upon completion of the assessment, the archaeologist shall prepare a report
documenting the methods and results, and provide recommendations for the
treatment of the archaeological materials discovered. The report shall be submitted
to Elworthy Ranch, LLC, the Town of Danville Development Services
Department, and the Northwest Information Center.
Prehistoric materials can include flaked-stone tools (e.g. projectile points, knives,
choppers) or obsidian, chert, basalt, or quartzite toolmaking debris; bone tools;
culturally darkened soil (i.e., midden soil often containing heat-affected rock, ash
and charcoal, shellfish remains, faunal bones, and cultural materials); and stone
milling equipment (e.g., mortars, pestles, handstones). Prehistoric archaeological
sites often contain human remains. Historical materials can include wood, stone,
concrete, or adobe footings, walls and other structural remains; debris-filled wells
or privies; and deposits of wood, glass, ceramics, metal, and other refuse. Project
personnel shall not collect or move any archaeological materials or human
remains and associated materials.
8. If human remains are encountered, work within 25 feet of the discovery shall be
redirected and the County Coroner notified immediately. At the same time, an
archaeologist shall be contacted (if an archaeological monitor is not present) to
assess the situation. If the human remains are of Native American origin, the
Coroner shall notify the Native American Heritage Commission within 24 hours
of this identification. The Native American Heritage Commission shall identify a
Most Likely Descendant (MLD) to inspect the site and provide recommendations
for the proper treatment of the remains and associated grave goods.
PAGE 8 OF RESOLUTION NO. 81-2008
Upon completion of the assessment, the archaeologist shall prepare a report
documenting the methods and results, and provide recommendations for the
treatment of the human remains and any associated cultural materials, as
appropriate and in coordination with the recommendations of the MLD. A report
of findings shall be submitted to Elworthy Ranch, LLC, the Town of Danville
Development Services Department, and the Northwest Information Center.
9. A paleontologist shall monitor initial project ground disturbing activities at or
below five feet from the original ground surface or at any direct exposure of
bedrock. A sample of alluvium below this soil layer depth shall be taken fot
presence-absence testing of microvertebrate fossils. Subsequent to the initial
monitoring and sediment sampling, the paleontologist can then determine if
further monitoring, periodic site reviews, or no further monitoring for
paleontological resources is appropriate.
Paleontological monitors shall be empowered to halt construction activities at the
location of a discovery to review the possible paleontological material and to
protect the resource while it is being evaluated. Monitoring shall continue until,
in the paleontologist's judgment, paleontological resources are not likely to be
discovered.
If paleontological resources are discovered during project activities, all work
within 25 feet of the discovery shall be redirected until the paleontological monitor
has assessed the situation and made recommendations regarding their treatment.
It is recommended that adverse effects to paleontological resources be avoided by
project activities. If avoidance is not feasible, the paleontological resources shall be
evaluated for their significance. If the resources are not significant, avoidance is
not necessary. If the resources are significant, they shall be avoided to ensure no
adverse effects, or such effects must be mitigated.
Upon project completion, a report shall be prepared documenting the methods and
results of monitoring. The report shall be submitted to Elloorthy Ranch, LLC and
the Town ofDanville Development Services Department.
10. Plans submitted for grading and building permits shall include the following
noise mitigation measures copied onto the plans:
a. Site improvement and construction work, including setup, loading or
unloading of materials and equipment, and/or the maintenance, refueling
or tune-up of any equipment shall be restricted to the hours of 7:30 a.m. to
5:30 p.m., Monday through Friday. All construction equipment po'wered
by internal combustion engines shall be properly maintained and muffled
to reduce noise levels to the maximum extent feasible.
PAGE 9 OF RESOLUTION NO. 81-2008
b. Unnecessary idling of internal combustion engines near existing noise
sensitive receptors shall be prohibited.
c. Stationary equipment shall be located as far away from residences as
feasible, but in no case shall be closer than 40 feet to any property line.
Equipment shall be placed such that emitted noise is directed away from
sensitive noise receptors.
d. Non-stationary mobile construction equipment (e.g., earthmoving
equipment) shall operate as far aIoay as possible from sensitive receptor
sites.
e. Construction equipment staging shall be at least 200 feet from the nearest
residence.
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11.
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.
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12.
The applicant shall require 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.
13. The project sponsor shall implement the following Bay Area Air Quality
Management District (BAAQMD) dust control measures during project
construction:
a. Water all active construction areas at least twice daily.
b. Cover all trucks hauling soil, sand, and other loose materials or require all
trucks to maintain at least two feet of freeboard.
c. Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on
all unpaved access roads, parking areas and staging areas at construction
sites.
d. Sweep streets daily (with water sweepers) if visible soil material is carried
onto adjacent public streets.
e. Hydroseed or apply (non-toxic) soil stabilizers to inactive construction
areas (previously graded areas inactive for ten days or more).
f Enclose, cover, water twice daily or apply (non-toxic) soil binders to
exposed stockpiles (dirt, sand, etc.).
g. Limit traffic speeds on unpaved roads up to 15 mph.
PAGE 10 OF RESOLUTION NO. 81-2008
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h. Install sandbags or other erosion control measures to prevent silt runoff to
public roadways.
1. Replant vegetation in disturbed areas as quickly as possible.
14.
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. 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 phasing plan shall be subject to the review and approval of
the City Engineer and Chief of Planning.
The applicant shall submit a written Compliance Report detailing how the
conditions of approval for this project have been complied with as part of
the initial submittal for the final map, plan check, and/ or building permit
review process (whichever occurs first). 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.
Planning Division sign-off is required prior to final Building Inspection
sign-off.
17. Prior to the issuance of a building permit, the project sponsor shall provide the
Development Services Department a description of necessary noise control
measures and building plans showing that units located on Impacted Lots would
contain forced-air mechanical ventilation, so that windows can be kept closed at
the occupant's discretion to control noise. In addition, special building
construction techniques (e.g., sound-rated windows and building facade
treatments) shall be provided where exterior noise levels exceed 65 dBA CNEL.
These treatments include, but are not limited to sound rated windows and doors,
sound rated exterior wall assemblies, acoustical caulking, etc. The specific
determination of what treatments are necessary shall be conducted by the project
sponsor on a unit-by-unit basis, as specified by a qualified acoustical consultant.
PAGE 11 OF RESOLUTION NO. 81-2008
18. Plans submitted for building permits shall show the location of electrical and
mechanical equipment (e.g., ventilation and air conditioning units). Such
equipment shall be located as far away as feasible from sensitive-receptor areas.
Additionally, the following shall be considered before installation: proper selection
and sizing of equipment and installation of equipment with proper acoustical
shielding. Furthermore, mechanical equipment shall comply with the noise
standards of the Town as specified in the Town's Municipal Code and General
Plan.
B. SITE PLANNING
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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.
Anyon-site wells and septic systems shall be destroyed in accordance
with Contra Costa County Health Services Department - Environmental
Health Division regulations. Environmental Health Division permit and
inspections for this work shall be obtained.
4. The applicant shall offer to the Town of Danville a scenic easement that
covers the entirety of Parcel V. In the case that the East Bay Regional
Parks District rejects the offer of dedication of Parcel V, the Town shall
accept and record a scenic easement across Parcel V. The scenic easement
shall include the provision that no future subdivision and no development
will be allowed within the scenic easement area. In addition, a deed
notification shall be recorded to run with the title of the parcel stating that
no future development or subdivision is allowed.
3.
1.
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5. The scenic easements sho:wn on Parcel S on the vesting tentative map shall
be re-Iabeled "Protective Easement./I The restrictions on the parcel created
by the protective easement shall be as described under Condition of
Approval E.12. below. The easement shall also specify that no future
development or subdivision of the parcel will be allowed. In addition, a
deed notification shall be recorded to run with the title of the parcel
stating that no future development or subdivision is allowed.
6. The applicant shall develop design guidelines for construction of
accessory structures in the rear yards of the single family residences in this
development. The guidelines shall specify coverage, height, and setback
requirements for construction in the rear yard areas. The guidelines shall
be included as part of the project CC&Rs and a copy shall be provided to
all home buyers and to the Town. The guidelines shall be submitted for
review and approval by the Town prior to recordation of the final map.
PAGE 12 OF RESOLUTION NO. 81-2008
7. The applicant shall modify the site plan related to the community pool
area and surrounding lot layout, and the retaining walls between units 58-
68 and 72-83 consistent with the Staff Study labeled Attachment G4
attached to the staff report prepared for this project. The final design shall
be submitted for review and verification by the Town's Planning
Commission within 60 days of approval.
8. A maintenance easement in favor of the project's homeowners association
shall be recorded over the wetland mitigation area within parcel S.
9. A deed notification shall be recorded to run with the deed of Lot 87
stating that no future subdivision of this lot will be allowed.
10. In conjunction with the future development of the Equestrian Facility and
construction of an access roadway, the East Bay Regional Park District
may be allowed to relocate the staging areal parking lot, to a higher
location on the site. Development of a new staging areal parking lot shall
be subject to review by the Town under a separate Development Plan
application. This improvement is pre-approved to be allowed within the
scenic easement area. Appropriate easements over the road allowing
public vehicular access shall be dedicated to the Town. If shared use of
the roadway occurs, the East Bay Regional Park District and the owner of
Parcel S shall enter into an equitable shared roadway and drainage
maintenance agreement.
C. LANDSCAPING
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1.
Final landscape and irrigation plans 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.
Proposed common maintenance lawn areas within the project shall not
exceed a maximum of 25 percent of proposed common landscaped areas.
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.
PAGE 13 OF RESOLUTION NO. 81-2008
3.
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4.
A minimum of 25% of the true shrubs planted in the project shall be 10 or
IS-gallon container size shrubs.
All landscaped areas not covered by shrubs and trees shall be planted
with live ground cover or covered with mulch. All proposed ground
cover shall be placed so that it fills in within two years.
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.
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 current edition
of the "Guide for Establishing Values of Trees 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.
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.
8. The applicant shall work with the adjacent neighbors to the north of the
detention basin regarding the number, type, and location of shrubs and
trees desired to help screen the detention basin. Prior to recordation of the
final map or issuance of grading permits, the applicant shall submit
documentation regarding the preference of the neighbors, and the desired
landscape design shall be reflected on the final landscape plans.
PAGE 14 OF RESOLUTION NO. 81-2008
9. The applicant shall be responsible for the installation of landscaping and
irrigation systems in all San Ramon Valley Boulevard raised medians
wider than four feet. Landscape and irrigation design shall be designed to
Town public standards, shall be subject to review and approval by the
Town prior to recordation of the final map, and will be maintained by the
Town.
10. Prior to the recordation of the final map, the applicant shall retain a
qualified arborist to evaluate the large oak tree behind APN: 203-230-011.
If the tree is found to be a threat to life or property, the applicant shall
implement all mitigation measures the arborist may recommend, subject
to review and approval by the Town.
11. The project sound attenuating fence, along the project frontage, shall not
be wood, be constructed with a more durable material which simulates
the character of a wood fence. Final design shall be subject to review' and
approval by the Design Review Board prior to issuance of building
permits.
D. ARCHITECTURE
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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 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.
PAGE 15 OF RESOLUTION NO. 81-2008
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5.
If signing for the development is desired, a Sign Review program shall be
submitted to the Design Review Board for consideration under a separate
application.
6. Future development of the equestrian facility shall be subject to review
and approval by the Planning Commission under a separate Development
Plan application. The Development Plan shall include the design of the
building(s), which shall strive to minimize visibility, the design of the
access roadway, and the design of stormwater quality features pursuant to
Contra Costa County Clean Water Program requirements.
7. The pool house structure shall be modified to wrap the column and trellis
treatment around the side elevations. In addition, three windows shall be
added to the rear elevation of the structure for added visual detail. These
modifications are subject to final Design Review Board review prior to
issuance of building permits.
8. The siding material shall be wrapped to the side elevations of Unit 1. This
modification is subject to final Design Review Board review and approval
prior to issuance of building permits.
9. All fences shall be constructed of a solid design. Fences shall be
constructed of pressure treated Douglas Fir (or equivalent), shall include
minimum 2" x8" kickboards, solid 2" x4" top and bottom rails, and 2" x2"
nail strips at the top and bottom of the fence boards. The location, size,
and design of the fences to be constructed in the project, with special focus
on the fences in the rear of Lots 58-68, shall be subject to review and
approval by the Town and the Design Review Board.
E. BIOLOGICAL RESOURSES
1. The project sponsor shall create wetland areas that are at least twice the size of
any wetlands affected by the proposed project. This includes the 510-square-foot
area of the seep that may be halfway within the 12-acre development area and the
1,000-square-foot affected wetland area at the southeastern corner of the project
site. For example, if impacts are to 510 square feet of seep, the mitigation wetland
would be at least 1,020 square feet.
2. The project sponsor shall avoid impacts to the other seeps on the project site. The
seeps shall be protected from impacts during construction by the use of best
management practices (BMPs) to prevent silt from entering the seeps. Such best
management practices include appropriate use of straw, hay bales, silt fence, and
buffers between construction and the seep.
PAGE 16 OF RESOLUTION NO. 81-2008
3. If impacts to any of the seeps and/or the seasonal wetlands are unavoidable, the
project sponsor shall obtain the appropriate permits authorizing the fill from the
Corps and from the RWQCB. The project sponsor shall compensate for the loss of
waters of the u.s. and waters of the state at a minimum ratio of 2:1
(created:affected). A conservation easement shall be placed on the mitigation site
to preserve the site in perpetuity as natural open space. A long-term management
plan shall be developed for the wetland mitigation area. Figure 5.4-2
(ConservationjProtective Easement Area) shows the location of the protective
easement.
4. If impacts to wetlands cannot be avoided, a wetland mitigation replacement plan
shall be developed and shall include, at a minimum, a discussion of (1) the plant
species composition and hydrology of the wetland that would be affected and the
proposed plant species composition and hydrology of the mitigation wetland; (2)
the performance standards by which success will be evaluated; (3) monitoring
procedures; (4) contingency plan; (5) annual reports; and (6) rationale for
expected success. The mitigation plan shall be approved by the Town, the Corps,
and the RWQCB prior to approval of the grading plan. The mitigation wetland
shall be monitored for five years after installation.
5. A performance bond, letter of credit, or other financial instrument shall be
established to guarantee any remedial work that might need to occur if the
implementation of the wetland mitigation fails.
6. The project sponsor shall obtain appropriate permits from the Corps and the
RWQCB and a Streambed Alteration Agreement from the CDFG for the fill of
approximately 285 feet of the ephemeral Stream I and ten feet of Stream IV.
Similarly, if impacts occur to tributary Streams II and III, permits and a
Streambed Alteration Agreement for these streams shall be obtained from the
agencies. This would entail creating a wetland approximately 1,770 square feet in
size - twice the size of the impacts in the mitigation area to compensate for loss of
jurisdictional area.
7. The disturbance to the watercourses and their vegetation shall be minimized to
the extent possible. Best Management Practices (BMPs) shall be utilized to
prevent erosion of the bank and sedimentation of the creek. These practices shall
include use of straw and replanting with native species designed to prevent
erosion and rehabilitate the habitat lost from the construction.
PAGE 17 OF RESOLUTION NO. 81-2008
8. The project sponsor shall restore and enhance the remaining portion of Stream I,
the ephemeral stream, which presently exhibits considerable erosion and slumping
and is lined with non-native herbaceous plants. This reach shall be re-contoured
and a comprehensive restoration. plan for the reach shall be developed by a
qualified landscape architect, biologist, or other professional familiar with native
plant and creek restoration. Plants native to the area, including trees (arroyo
willow and blue elderberry), shall be planted at appropriate spacing. A
maintenance and monitoring plan that includes weed removal shall also be
developed to ensure that performance criteria are met. These enhancement
activities will improve the wildlife habitat value, flood control function, and bank
stability in this reach of the creek.
9. Stream II originates from seeps on the slope to the west and flows to Stream I.
Stream II supports a dense coast live oak canopy cover. The channel and banks of
this stream are littered with trash, metal debris, wood barrels, and other unsightly
items. To partially mitigate impacts to Stream I, the project sponsor shall remove
trash and debris from the channel and the banks of Stream II (outside of the
proposed development area). Those items shall be removed that do not result in
damage to trees or the bed and banks of Stream II. It is particularly important to
remove those items from the bed of Stream II that are causing or exacerbating
erosion. If necessary, heavy equipment may be used, but no damage to the existing
trees shall occur. If damage to trees will occur, then the debris may be left in place.
If the debris is a source of sediment, then the bank should be repaired to prevent
sedimentation.
10. The channel is partly unvegetated, however, several stands of the non-native
Himalayan blackberry occur along the channel on the project site proper. The
Himalayan blackberry vines shall be removed from the segment of Stream IV that
is present on the project site within the development area and replaced with native
understory shrubs. Invasive, non-native species, including Himalayan blackberry,
that occur in other portions of the watercourses (Streams I through IV) shall also
be removed and replaced with native understory shrubs.
11. The unaffected portions of Stream I, Stream II, Stream III and Stream IV,
including the woodland, shall be protected, with a protective easement. This
protective easement shall be recorded prior to approving the grading plan.
12. The project sponsor shall preserve, in perpetuity, the remaining grassland within
Assessor's Parcel Numbers 208-230-020 and 208-230-021, by placing a
protective easement on the parcels, subject to approval by the CD FG and the
Town. The protective easement would be offered for dedication to the Town. The
intent of the protective easement would be to protect the remaining stands of
PAGE 18 OF RESOLUTION NO. 81-2008
Congdon's tarplant and associated grassland from direct impacts after project
buildout, consistent with Mitigation Measure BlOB. Refer to Figure 5.4-2 for
the location of the protective easement.
13. Prior to issuance of a grading permit, a management plan shall be developed to
ensure that habitat remains on the site for Congdon's tarplant. This management
plan shall focus on grazing as the management tool to enhance habitat of
Congdon's tarplant, reduce thatch, and maintain the ability of the grasslands to
support Congdon's tarplant. The management plan shall have a monitoring
component which would entail monitoring the protective easement and
conservation easement for the mitigation area for at least five years to determine
whether the management is resulting in maintaining or enhancing the habitat of
Congdon's tarplant. The grassland is currently very dense and with the absence
of grazing, the grass might out-compete Congdon's tarplant. Grazing will also
lessen the invasion of the grassland by oak woodland and the subsequent shading
of Congdon's tarplant by oak trees. Mitigation Measure BI012 in conjunction
with developing a management plan for the protective easement and conservation
easement for the mitigation area would mitigate the impacts to Congdon's
tarplant within the 12-acre development area, the area beside the access road to
the equestrian facility, and area within the horse pastures.
14. The project sponsor shall restore, to its original topographic and vegetative
condition, any California red-legged frog habitat, located outside of the
development area that is disturbed during project construction to its pre-existing
condition or better.
15. A USFWS approved biologist shall conduct pre-construction surveys to
determine if California red-legged frogs are present in the construction area
within two days of initiating any construction activities. Should any adult red-
legged frogs or their eggs or tadpoles be found in the construction area, the project
sponsor shall contact the USFWS to determine if moving them is appropriate.
California red-legged frogs cannot be moved without USFWS approval and then
only by a biologist approved by the USFWS.
16. The project sponsor shall offer for dedication the approximately 232-acre area of
the upper portion of the project site to the EBRPD as indicated in the project
description.
17. The project sponsor shall ensure that barriers to snake movement are not erected
outside of the development area on the site. Potential barriers include vertical
curbs and V-ditches that are too steep to allow escape.
PAGE 19 OF RESOLUTION NO. 81-2008
18. If construction activities begin during the breeding season (February through
July), a qualified biologist familiar with loggerhead shrike, California horned
larks, white-tailed kite, sharp-shinned hawk, Cooper's hawk, golden eagle,
burrowing owl, and other rap tors shall be engaged by the project sponsor to
survey the site prior to the initiation of any ground disturbing activities. If
loggerhead shrikes or any raptors are found nesting, the construction contractor
shall avoid the nest area, be it in a tree or on the ground, during the nesting
season and establish a non-disturbance buffer. A temporary fence shall be placed
around the nest site to delineate the limits of the non-disturbance buffer. The
width of the buffer shall be determined by the monitoring biologist and shall
depend on the circumstances at the nest. Nest trees shall be removed only after the
young have fledged and are no longer returning to the nest area. Standard buffers
for raptors that are recommended by CD FG are 300 feet; but the width of the
buffer (either greater than or less than 300 feet) would depend on the
circumstances surrounding the nest and would be established by the monitoring
biologist. Replacement habitat for burrowing owl should be 9.75 acres of
grassland per nesting pair or single bird according to the mitigation ratio
established by the California Burrowing Owl Consortium (1993). Mitigation
measures BI012 and BI016 should be sufficient to mitigate any impacts to
burro'wing owl.
19. A qualified biologist familiar with bat biology shall be engaged by the project
sponsor to survey the barns and other ranch-related buildings prior to the
initiation of any construction activities to determine if any bats are roosting in
these structures. If bats are found roosting in these structures, the type of roost
(maternity, night or day) shall be determined by the biologist and the
construction contractor shall avoid the building(s) and establish a non-
disturbance buffer. A temporary fence shall be placed around the building(s) to
delineate the limits of the non-disturbance buffer. Fencing shall be placed at a
minimum distance of 100 feet from the outer wall of the structure(s) or as
recommended by the CDFG.
Entrances to day roosts, night roosts and maternity roosts, after fledging, shall be .
blocked to allow bats to leave but not return. Building demolition shall only begin
when roost locations are determined to be unoccupied by the bat biologist. Once
demolition is initiated, it shall be completed within one or two days for each
structure to prevent bats from injury should they return to roost.
F. P ARKlNG
*
1.
All parking spaces shall be striped and provided with wheel stops unless
they are fronted by concrete curbs, in which case sufficient areas shall be
provided beyond the ends of all parking spaces to accommodate the
overhang of automobiles.
PAGE 20 OF RESOLUTION NO. 81-2008
*
2.
Regulatory signagej curb painting for the non-parking side of the interior
loop roadway shall be provided, if deemed necessary, to the satisfaction of
the San Ramon Valley Fire Protection District and the City Engineer.
G. GRADING
*
*
*
1.
Any grading on adjacent properties will require prior written approval of
those property owners affected.
2. Prior to the start of grading or construction activities, whichever occurs first, a
sign stating the allowed days and hours for construction shall be posted in a
noticeable location on the project site 'where it can be viewed by all contractors.
The sign shall be no smaller than two square feet nor larger than four square feet
with lettering between three inches and five inches in height. At least one week
prior to commencement of grading, the applicant shall 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 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. Prior to Final Map approval or issuance of a grading permit, the project sponsor
shall submit a grading plan to the Development Services Department for revie'w
PAGE 21 OF RESOLUTION NO. 81-2008
and approval. The plan shall demonstrate that the project 'would implement all
recommendations of the geotechnical engineer, BGC Geotechnical Consultants,
Inc., as contained in the Design-Level Geotechnical Investigation, Elworthy West
Property, San Ramon Valley Boulevard, Danville, California (September 20,
2004) for the project site. BGC recommends the following setbacks from the toe of
the older landslide deposits:
a. A minimum 30-foot setback from the toes of landslides A and B shall be
provided for roads, parking, landscaping and utilities.
b. A minimum 60-foot setback shall be provided from the toes of landslides A
and B for houses and habitable structures.
6. Prior to issuance of a building permit, the project sponsor shall submit plans to
the Development Services Department for review and approval. The plans shall
demonstrate that the foundation design for the proposed structures have included
all recommendations of the geotechnical engineer, BGC Geotechnical Consultants,
Inc., as contained in the Design-Level Geotechnical Investigation, Elworthy West
Property San Ramon Valley Boulevard Danville, California (September 20,
2004). To alleviate potential adverse impacts from expansive soils, special
measures shall be performed prior and during construction of the proposed
structures. These special measures shall include the following:
a. Conditioning the expansive soils to higher moisture content during site
preparation and grading.
b. Supporting the houses on structural slab foundations designed to
withstand potential movements of expansive soils.
c. Presoaking the near-surface expansive soils prior to concrete placement for
the slab foundations.
d. Conditioning the expansive subgrade soils in exterior concrete flatwork
area to higher moisture content prior to the placement of baserock or
concrete (if the flatwork is supported directly on the subgrade).
e. Providing surface drainage away from the house foundations and draining
the rainwater collected on the roof through pipes connecting to the
adjacent storm drains.
PAGE 22 OF RESOLUTION NO. 81-2008
7. Prior to issuance of a grading permit, the project sponsor shall prepare and
submit a detailed erosion control plan (ECP) and narrative to the Development
Services Department for review and approval. The purpose of the ECP shall be to
mitigate erosion and sedimentation impacts during construction. At a minimum,
the ECP and written narrative shall include the following:
a. A proposed schedule of grading activities, monitoring, and infrastructure
milestones in chronological order.
b. Identification of critical areas of high erodibility potential and/or unstable
slopes.
c. Contour and spot elevations indicating runoff patterns before and after
grading.
d. Identification of erosion control measures on slopes, lots and streets.
Measures shall be based on recommendations contained in the "Erosion
and Sediment Control Field Manual" published by the San Francisco
Regional Water Quality Control Board.
e. Soil stabilization techniques such as short-term biodegradable erosion
control blankets and hydroseeding should be utilized.
f Post-construction inspection of all drainage facilities for accumulated
sediment and the cleaning of these structures of debris and sediment.
8. Hydroseeding for erosion control shall utilize the following performance
standards:
a. Hydroseeding on the regraded slopes shall include only native species.
b. Hydroseeding shall take place in a time period that 'will ensure
germination, or as directed by the Development Services Department.
c. As directed by weather and field conditions at the time of hydroseeding,
the Development Services Department may require the installation of
erosion control blankets or matting to secure hydroseeding.
9. Prior to issuance of grading or building permits, whichever comes first, the
project sponsor shall comply with NPDES General Construction Activities
Stormwater Permit Requirements established by the CWA including preparation
of a Storm Water Pollution Prevention Plan (SWPPP). The SWPPP shall
identify specific types and sources of stormwater pollutants, determine the
location and nature of potential impacts, and specify appropriate control measures
to eliminate any potentially significant impacts to receiving water quality from
stormwater runoff. In addition to complying with the standards established by
the CWA for preparation of a SWPPP, the SWPPP shall also comply with the
directions for preparing a SWPPP contained in the latest edition of the Guidelines
for Construction Projects published by the California Regional Water Quality
Control Board San Francisco Region.
PAGE 23 OF RESOLUTION NO. 81-2008
*
10.
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.
Stockpiles of debris, soil, sand or other materials that can be blown by the
wind shall be covered.
*
11.
*
12.
13. The material located beneath and surrounding soil sample Comp-5 shall be
excavated and disposed at a Class 1 Hazardous Waste Landfill. Confirmation soil
samples shall be collected from beneath and around the excavation limits and
analyzed for total lead content. Should elevated lead concentrations be found, then
additional soil shall be excavated and disposed at a Class 1 Hazardous Waste
Landfill and another suite of confirmation soil samples shall be collected and
analyzed for total lead until lead concentrations meet regulatory standards.
14. Soil samples shall be collected from the trash dump-site and debris pile
-immediately west of the Sunset Color Nursery and the parking lot (south of
nursery) and analyzed. The trash dump-site shall be removed and, based on the
results sample analyses, disposed of in accordance with regulatory requirements.
15. A magnetometer survey shall be performed at the location of the former
underground storage tank (UST) to confirm whether this UST was removed from
the site. If the presence of a UST is confirmed, it shall be removed and, depending
upon site conditions and regulatory requirements, groundwater samples shall be
collected and analyzed in accordance with regulatory requirements.
If results of the magnetometer survey indicate that the UST was removed from the
site, in accordan"ce with applicable regulatory requirements, borings shall be
advanced to groundwater in the immediate vicinity of the removed UST, and
samples collected and analyzed.
16. The trash dump-sites shall be removed and disposed of in accordance with
applicable regulatory requirements, if laboratory analytical results indicate the
trash dump-sites contain hazardous wastes or hazardous substances. However, if
soil samples indicate that the trash dump-sites are non-hazardous, the trash
dump-sites may be left in place to protect existing soils and vegetation.
17. Construction personnel shall be trained to recognize indications of USTs, buried
debris and other potential adverse environmental conditions, which may be
discovered on the property. If such conditions are encountered, they shall be
PAGE 24 OF RESOLUTION NO. 81-2008
appropriately investigated and remedied in accordance with applicable regulatory
requirements.
18. The project sponsor shall notify the grading contractor of the remote potential for
explosives to be found in the northern portion of site during project construction.
Should any explosive materials be found on-site during construction activities,
the grading contractor shall dispose of the hazardous materials per applicable la'ws
and regulations.
19. Prior to grading permit approval, the project sponsor shall submit an Open Space
Management Plan to the San Ramon Valley Fire Protection District and the
Town of Danville for review and approval. The Open Space Management Plan
shall incorporate measures to assure access to open space for fire protection
personnel and for fuel modification and maintenance in perpetuity.
20. Concurrent with the submittal of the final grading plans, the applicant
shall submit a plan detailing all retaining walls greater than three feet in
height in the project. Details shall include wall height, design,
construction materials, and method of provision for drainage behind the
walls. The plans shall also depict which retaining walls will be
maintained by the homeowners association. Final wall design shall be
subject to approval by the Planning Division prior to issuance of grading
permits.
H. STREETS
*
1.
The applicant shall obtain an encroachment permit from the Engineering
Division prior to commencing any construction activities within any
public right-of-way or easement.
*
2.
Street signing shall be installed by the applicant as may be required by the
City Engineer. Traffic signs and parking restriction signs, which may be
required to be installed, shall be subject to review and approval by the
Transportation Division and the Police Department.
*
3.
All mud or dirt carried off the construction site onto adjacent streets shall
be swept each day. Water flushing of site debris or sediment or concrete
washing is expressly prohibited.
PAGE 25 OF RESOLUTION NO. 81-2008
*
*
*
*
*
4.
Any damage to street improvements now existing or done during
construction on or adjacent to the subject property shall be repaired to the
satisfaction of the City Engineer, at full expense to the applicant. This
shall include slurry seal, overlay or street reconstruction if deemed
warranted by the City Engineer.
5.
All improvements within the public right-of-way, including curb, gutter,
sidewalks, driveways, paving and utilities, shall be constructed in
accordance with approved standards and/ or plans and shall comply with
the standard plans and specifications of the Development Services
. Department and Chapters XII and XXXI of the Town Municipal Code. At
the time project improvement plans are submitted, the applicant shall
supply to the City Engineer an up-to-date title report for the subject
property .
6.
Handicapped ramps shall be provided and located as required by the City
Engineer.
7.
Public streets shall be improved to the standards in #G.5. above. Private
streets shall be improved to public street structural standards. Private
street improvements, and their dimensions, shall be as shown on the
project plans identified in # A.l. above and shall conform to Standard Plan
104 a & b.
8.
The project shall be required to stripe curbs and install any necessary
parking or circulation signage, as determined by the Transportation
Division.
9. The signal cycle length shall be extended and the timing optimized at the San
Ramon Valley Boulevard/Sycamore Valley Road intersection. A cycle of 120
seconds in the AM peak hour and 135 seconds in the PM peak hour, with
additional time given to the southbound left-turn and southbound through
movements (and less time to the northbound left turn movement). In addition,
the eastbound approach to the intersection shall be widened and .re-striped to
include one exclusive left-turn lane, one exclusive through lane, and one shared
through-right lane. These improvements would reduce the average control delay
to 42 secondsjLOS D (Near Term Plus Project AM Peak Hour) and 55
secondsjLOS D (Near Term Plus Project PM Peak Hour).
10. Implement Mitigation Measure TRA1, and in addition, re-optimize the signal
cycle length to 140 seconds for the PM peak hour.
PAGE 26 OF RESOLUTION NO. 81-2008
11. The project site plan should incorporate the following elements; subject to the
Town engineering and planning staffs' review and concurrence:
Primary Access RoadjIntersection - This roadway shall be striped with one 14-
foot inbound lane and two ll-foot outbound lanes (a right-turn lane and a left-
turn lane), with edge striping one foot from each curb. The outbound lanes shall
extend back at least 100 feet from the stop bar, providing storage for up to four
turning vehicles (or a vehicle with a horse trailer) in each lane.
The project access intersection will be controlled 'with a signal, and will include a
pavement width to accommodate two northbound and southbound through lanes
(striped to provide one lane of traffic in each direction on an interim basis), and a
northbound left-turn pocket lane. This lane shall be at least 150 feet long, to store
up to six vehicles, or a fe'lo vehicles plus a vehicle with a horse trailer. The
intersection should have a crosswalk along the west (project driveway) leg,
serving pedestrians walking north-south along San Ramon Valley Boulevard.
The west-side sidewalk along the project frontage should be constructed at an
eight-foot width, and signed "OK for bicycles" so that younger bicyclists have a
safe and convenient way to access the project site from the south. This is allowed
by the Caltrans Highway Design Manual and the AASHTO Guide for the
Development of Bicycle Facilities. The signage should also be provided along the
existing sidewalk section south of the project, to Greenbrook Drive, and the gap
between the project frontage and the sidewalk to the south should be maintained
to provide a minimum of six feet of clear space to accommodate younger bicyclists.
Cul-de-sacs - Parking shall be prohibited on the entryway to each hammerhead, to
allow two vehicles to pass easily.
Apartments Access Roadway - The section of this roadway that has perpendicular
parking spaces shall be widened to meet Town requirements (28 feet central aisle),
and the parking spaces shall also be sized to meet Town requirements (19 feet by 9
feet). These standards are subject to Town staff discretion, if drainage, retaining,
or other physical issues are involved.
Roadway Grades - The final design for the project roadways shall ensure that the
maximum grade remains 15 percent or lower within the residential area.
PAGE 27 OF RESOLUTION NO. 81-2008
Traffic Calming Treatments - The three primary internal intersections, all located
along the straight north-south roadway, shall be designed to include: (1) a special
textured pavement or paving stones; and (2) a raised "speed table" design, if the
design can be determined to adequately accommodate vehicles with horse trailers.
A typical speed table would be designed with approximately six-foot-Iong ramps
to transition from street grade up to the table, about three inches higher than the
roadway. In addition, two speed lumps - speed humps with cut-outs for wider
wheel-based vehicles such as horse trailers and emergency vehicles -- should be
provided along the curved project roadway, each located approximately half way
between the trailhead access road and the curves in the roadway to the north and
south of the trailhead access road.
STOP Signs - STOP signs shall, be provided at the foll07.oing locations:
. At the downhill approaches to the two intersections that are formed by the
north-south road'way and the curved roadway serving the westernmost homes.
. On all three approaches to the internal intersection just west of the San
Ramon Valley Boulevard intersection.
12. The widening of San Ramon Valley Boulevard shall include continuous bicycle
lanes on the east and west sides of the roadway, connecting to existing lanes to the
north and south of the widening project, and shall include an eight-foot sidewalk
on the west side of the roadway. Refer to Mitigation Measure TRA-3 for more
detail on the sidewalk design.
13. When the project is fully occupied, the Town shall request that the Central Contra
Costa Transit Authority, which operates the County Connection, consider
modifying Route 121 to include a stop closer to the project site, to serve not only
project residents but also other residents and businesses on San Ramon Valley
Boulevard between Sycamore Valley Road and Greenbrook Drive.
14. A public access easement shall be recorded over the project's private
interior roadways allowing public access only to the East Bay Regional
Park District's staging areal parking lot. The easement shall not allow
public parking or other public use of the roadways. Unless desired by the
East Bay Regional Park District to control access during nighttime hours
only, access to the staging area shall not be gated and shall allow for
unrestricted public vehicular and pedestrian access.
PAGE 28 OF RESOLUTION NO. 81-2008
15. Improvements on Elworthy property frontage abutting Parcels N, 0 and
s:
San Ramon Valley Boulevard shall be improved to Town standards and
shall be paved to accommodate four travel lanes, center left turn pockets,
medians, and/ or center left turn lanes, bicycle lanes, curb, gutter,
sidewalk buffer, sidewalk, storm water swale, and landscaping. For an
interim period, depending on the amount of right-of-way acquired along
the Curtis property frontage, the roadway may be striped to provide for
two travel lanes in lieu of four. The right-of-way shall be dedicated to its
ultimate with, which varies from 81 to 96 feet, as shown on the tentative
map.
16. Improvements on East Bay Municipal Utility District property frontage
(APN 208-230~018):
The proposed San Ramon Valley Boulevard improvements shall be paved
to accommodate four travel lanes, center turn lane, bicycle lanes, curb,
gutter, and sidewalk. Additional right-of-way is needed at the EBMUD
pumping plant. As determined by the width of right-of-way obtained by
the Town, the pavement width may be reduced to accommodate two
travel lanes and the center turn lane may be reduced to a painted median
with one left turn break. Standard transitions shall be used for traffic lane
offsets.
The improvements along the EBMUD pumping plant are required to be
constructed by the project. The cost of the improvements may be used to
offset transportation impact fees, assuming the applicant supplies for
Town review appropriate documentation to justify the costs.
17. Improvements on Curtis property frontage (APN 208-230-006):
The proposed San Ramon Valley Boulevard improvements along the
Curtis property frontage shall be paved to accommodate four travel lanes,
center turn lane, bicycle lanes, curb, gutter, and sidewalk. Additional
right-of-way is needed at the Curtis property (APN 208-230-006). As
determined by the width of right-of-way obtained by the Town, the width
of the pavement may be reduced to accommodate two travel lanes and the
center turn lane may be reduced to a striped median. Standard transitions
shall be used for traffic lane offsets.
PAGE 29 OF RESOLUTION NO. 81-2008
Based on the acquisition of the right-of-way, the center turn lane may be
reduced to a four-foot striped median along the Curtis and Bengston
property with breaks for left turns into the Curtis property. The reduction
in width shall be addressed with two six-foot offset transitions. The
northerly six-foot transition for southbound traffic to reduce the center
turn lane to a four-foot striped median shall finish at the northern
property line of the Curtis property. The southerly six-foot transition to
widen the four-foot median to a ten-foot turn lane shall finish at or before
the Bengston driveway, providing a full left-turn lane for the northbound
left-turn traffic at Bengston.
The improvements along the Curtis property are required to be
constructed by the project. The cost of the improvements may be used to
offset transportation impact fees, assuming the applicant supplies for
Town review appropriate documentation to justify the costs.
18. Improvements on Elworthy property frontage between Bengston (APN
208-230-011) and Curtis (APN 208-230-006):
For the section of Elworthy property frontage between Bengston and
Curtis, improvement to San Ramon Valley Boulevard shall be paved to
accommodate four travel lanes, center left turn pocket or center left turn
lane, bicycle lanes, curb, gutter, sidewalk, and landscaping. However,
frontage improvements may be constructed as required by the
improvements constructed along Curtis and Bengston, leading to a
reduced width section. As a result, the portion of the full improvements
not constructed may be deferred with a cash bond. The cash bond may be
allocated to offsite frontage improvements as directed by the City
Engineer.
19. Improvements on Bengston property frontage (APN 208-230-011):
The proposed San Ramon Valley Boulevard improvements along the
Bengston property frontage shall be paved to accommodate four travel
lanes, center turn lane, bicycle lanes, curb, gutter, and sidewalk.
Should insufficient right-of-way be acquired along the Curtis property
frontage, San Ramon Valley Boulevard improvements along the Bengston
frontage may be reduced in width and shall include at a minimum, two
travel lanes, center turn lane, bicycle lanes, curb, gutter, and sidewalk.
The driveway access to the Bengston property shall have a left-turn pocket
for northbound traffic and a center merge lane for left-turn driveway
traffic.
PAGE 30 OF RESOLUTION NO. 81-2008
The improvements along the Bengston property are required to be
constructed by the project. The cost of the improvements may be used to
offset transportation impact fees, assuming the applicant supplies for
Town review appropriate documentation to justify the costs.
20. If the applicant intends to allow the East Bay Municipal Utility District
(EBMUD) to access their abutting San Ramon pumping plant property by
utilizing either the internal road network or the proposed emergency
vehicle access (EV A) road, then said road network and/ or EV A shall be
improved to a standard that supports the expected vehicle and/ or
equipment loads. According to EBMUD's letter dated 1/14/08, the EVA
road must be paved and able to support a 108,000 pound load (50-ton
crane), and EBMUD must have the ability to remove -any access bollards.
21. Access by the Town's Maintenance staff to the storm drain culvert behind
the existing homes on Wembly Drive shall be provided through the
proposed project via the internal road network for maintenance purposes.
Therefore, a maintenance easement shall be dedicated to the Town of
Danville. The access shall accommodate equipment such as a standard
back-hoe and dump truck.
22. The applicant must reduce peak storm flows to avoid making
improvements to the downstream storm drain system and to reduce
potential flooding at Wembly Drive. The proposed storm drain system
and detention basin shall be designed such that peak flows from storm
water leaving the site are not increased as compared to pre-project
conditions.
23. Lots 52 shall be reconfigured to allow maintenance access to the adjacent
unimproved creek. Said access shall allow for a typical back-hoe and
dump truck to traverse the top-of-bank area of the creek.
24. The hydrodynamic separator shown on Lot 53 is subject to review
according to the Contra Costa Clean Water Program and shall be provided
only if no other Program-approved storm water treatment features are
viable. Use of hydrodynamic separators is generally discouraged by the
Program. If another approved treatment feature is viable, then said
alternate treatment shall be used.
25. Because the various landslides within Parcel S and Lot 87 will not be
repaired as part of the project, the applicant shall form a Geologic Hazard
PAGE 31 OF RESOLUTION NO. 81-2008
Abatement District according to Division 17 of the Public Resources Code,
Sections 26500-26654, to provide a funding mechanism to address
potential hillside hazards and/ or future maintenance.
26. The stormwater retention basin shall be fenced and gated for safety in a
manner consistent with California Building Code 93118B and Danville
Municipal Code 931-32.3.
27. Abutter's rights shall be relinquished along the eastern boundary of
Parcels Nand 0, except where emergency vehicle access is required by
the Fire Department, to restrict direct access to San Ramon Valley
Boulevard.
28. Street lighting is required for the subdivision pursuant to 931-16 of the
Danville Municipal Code.
29. The access point from the project interior road to the access drive to the
East Bay Regional Park District staging area, and ultimately up to a future
equestrian facility, shall be modified to provide for a wider turning radius
for vehicles turning onto this road. The wider turning radius shall be
designed. to accommodate future horse trailer/truck combination turning
movements. In addition, because the intersection is at a blind curve in the
roadway, decorative pavement in this area shall be provided to better
define this intersection and to address possible traffic safety issues with
conflicts between on-coming vehicles and truck (with trailers) using the
opposing lane to maneuver. The design of this area shall be subject to
review and approval by the Town's Transportation Department.
30. As part of the final improvement plans and associated final hydrologic
study, the applicant shall review the drainage swale that drains towards
APN: 208-230-011. If it is found that development of the project will
increase runoff through this swale, the applicant shall be responsible for
mitigating this impact in the area of the existing storm drain
improvements. The applicant/ owner shall also negotiate in good faith
with the owner of APN: 208-230-011 to establish a maintenance agreement
related to the drainage improvements installed on applicant's property by
the owner of APN: 208-230-011.
I. INFRASTRUCTURE
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1.
Domestic water supply shall be from an existing public water system.
Water supply service shall be from the East Bay Municipal Utility District
water system in accordance with the requirements of the District.
PAGE 32 OF RESOLUTION NO. 81-2008
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2.
All wastewater shall be disposed into an existing sewer system. Sewer
disposal service shall be from the Central Contra Costa Sanitary District
sewer system in accordance with the requirements of the District.
3.
Drainage facilities and easements shall be provided to the satisfaction of
the City Engineer and! or the Chief Engineer of the Contra Costa County
Flood Control & Water Conservation District.
4.
All 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.
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.
6.
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.
7.
Any portion of the drainage system that conveys runoff from public
streets shall be installed within a dedicated drainage easement or public
street.
8.
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.
PAGE 33 OF RESOLUTION NO. 81-2008
10. 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.
The existing utilities on the existing power poles along the San Ramon
Valley Boulevard frontage of the site shall be undergrounded at the
applicant's expense.
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11.
All street, drainage or grading improvement plans shall be prepared by a
licensed civil engineer.
J. MISCELLANEOUS
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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. In recognition that the number of residential units and! or the layout of
lots shown on Court B of the project may be impacted by negotiation
between the developer and EBMUD to address the District's long term
facility needs for their abutting pumping station, the unit count and! or lot
layout for Court B is authorized for adjustment. Such adjustment to the
approved project layout shall be considered a minor modification to the
project and shall include preauthorization to shift one or more of the
single family residential units shown on Court B to the multiple family
portion of the project. In addition, preauthorization is granted to add one
additional residential unit to the multiple family portion of the project to
reflect the density bonus authorization to develop 97 residential units in
the project. The addition of this one additional residential unit shall also
be considered a minor modification to the project.
3. The project homeowners' association, through project-specific covenants,
conditions and restrictions (CC&Rs), shall be responsible for maintenance
of all on-site roads and parking areas, pedestrian ways, common
landscape areas, common fencing, common retaining walls, the project
recreation areas, common drainage facilities, including the bioswales and
the detention basin, frontage landscape improvements along San Ramon
Valley Boulevard, and any project installed off-site landscaping. In
addition, the homowners association shall be responsible for retaining a
qualified specialist to maintain the wetland mitigation area. Draft project
CC&Rs shall be submitted to the Town of Danville for review and
approval a minimum of 30 days prior to recordation of the final map.
PAGE 34 OF RESOLUTION NO. 81-2008
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10.
4.
Use of a private gated entrance is expressly prohibited.
5.
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.
6.
As a part of the issuance of a demolition permit andj 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 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.
7.
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, 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.
8. Prior to issuance of grading or building permits, whichever occurs first, the
project sponsor shall submit to the Development Services Department a copy of
the Notice of Intent (NOI) and SWPPP sent to the State Water Resources
Control Board.
9. Prior to issuance of grading or building permits for the proposed equestrian
facility, which ever occurs first, the project sponsor shall submit a Stormwater
Management Plan for the equestrian facility and associated parking lot that meets
applicable C.3. Guidelines subject to review and approval of the Development
Services Department.
The project shall conform to the Regional Water Quality Control Board
post-construction C.3 regulations which shall be designed and engineered
to integrate into the project's overall site, architectural, landscaping and
PAGE 35 OF RESOLUTION NO. 81-2008
improvement plans. These requirements are contained in the project's
Stormwater Control Plan and are to be implemented as follows:
Prior to issuance of permits for building, site improvements, or
landscaping, the permit application shall be consistent with the
applicant's approved Stormwater Control Plan and shall include
drawings and specifications necessary to implement all measures in
the approved plan. The permit application shall include a completed
Construction Plan C.3 Checklist as described in the Town's Storrnwater
C.3 Guidebook.
As may be required by the City Engineer and the Chief of Planning,
drawings submitted with the permit application (including structural,
mechanical, architectural, grading, drainage, site, landscape, and other
drawings) shall show the details and methods of construction for site
design features, measures to limit directly connected impervious area,
pervious pavements, self-retaining areas, treatment (Best Management
Practices) BMPs, permanent source control BMPs, and other features
that control stormwater flow and potential stormwater pollutants.
Prior to building permit final and issuance of a Certificate of
Occupancy, the applicant shall execute any agreements identified in
the Stormwater Control Plan which pertain to the transfer of
ownership and/ or long-term maintenance of stormwater treatment or
hydrograph modification BMPs.
Prior to building permit final and issuance of a Certificate of
Occupancy, the applicant shall submit, for the Town's review and
approval, a Stormwater BMP Operation and Maintenance Plan in
accordance with the Town of Danville guidelines. Guidelines for the
preparation of Stormwater BMP Operation and Maintenance Plans are
in Appendix F of the Town's Storrnwater C.3 Guidebook.
K. DENSITY BONUS RESTRICTIONS
1. Through this approval, the developer is granted a density bonus, with
such density bonus reflective of the developer commitment to provide a
specified number of units in the project as affordable units for a minimum
term of thirty years. As provided for by the State Density Bonus
regulations (Government Code Section 65915), the 73-unit baseline unit
count for the subject property is authorized a 33% density bonus. The
density bonus takes the maximum allowable unit count to 97 units,
PAGE 36 OF RESOLUTION NO. 81-2008
providing for 24 more units than would be otherwise allowed given the
property's underlying land use designation. The density bonus is
provided in response to a developer commitment to establish and
maintain seven of the single family attached units in the project as units
affordable to very low income households.
2. The developer shall enter into a Density Bonus Housing Agreement
acceptable to the Town of Danville. The Agreement shall contain the
following information and shall be executed prior to issuance of building
permits:
a. The total number of units approved for the housing development,
the number, location, and level of affordability of affordable units,
and the number of density bonus units.
b. Standards for determining affordable rent or affordable ownership
cost for the affordable units.
c. The location, unit size in square feet, and number of bedrooms of
the affordable units.
d. Provisions to ensure affordability of the affordable units for the
term of the Agreement.
e. A schedule for completion and occupancy of affordable units in
relation to construction of market rate units.
f. A description of any incentives, concessions, waivers, or reductions
being provided by the Town.
g. A description of remedies for breach of the Agreement.
h. Provisions to allow the Town the option to identify tenants or
qualified purchasers as third party beneficiaries under the
agreement.
1. Procedures for qualifying tenants and prospective purchasers of
affordable units.
J. Provisions requiring any for-sale affordable units to be owner-
occupied units occupied by qualifying households.
k. Procedures for establishing affordable rent, filling vacancies, and
maintaining affordable units for eligible tenants.
1. Where applicable, provisions requiring verification of incomes of
PAGE 37 OF RESOLUTION NO. 81-2008
qualifying households as well as requirements for retention and
disclosure of records to demonstrate compliance with the
requirement.
APPROVED by the Danville Town Council at a regular meeting on July 1, 2008, by the
following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Andersen, Arnerich, Doyle,
None
None
None
APPROVED AS TO FORM:
:,~13 ~}
CITY ATTORNEY
Shimansky, Stepper
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PAGE 38 OF RESOLUTION NO. 81-2008