HomeMy WebLinkAbout037-09
RESOLUTION NO. 37-2009
ADOPTING A MITIGATED NEGATIVE DECLARATION OF
ENVIRONMENTAL SIGNIFICANCE AND APPROVING FINAL
DEVELOPMENT PLAN - MAJOR SUBDIVISION
REQUEST SD 8919, AND TREE REMOV AL
REQUEST TR 2006-02
(APN: 196-310-002,005 - DA VIDON HOMES)
WHEREAS, DAVIDON HOMES (Applicant/Owner) has requested approval of
Preliminary Development Plan - Rezoning request (PUD 2004-04), Final Development
Plan - Major Subdivision request (SD 8919), and a Tree Removal request (TR 2006-02)
involving a 15 + / - acre site; and
WHEREAS, collectively, these approvals would rezone the site from R-20; Single
Family Residential District to P-l; Planned Unit Development District and subdivide
the site into 22 single family residential lots and one remainder 3.7 + / - acre parcel; and
WHEREAS, the Tree Removal request TR 2006-02 would authorize the removal of 26
Town-protected trees (a total of 97 Town-protected and non-protected trees), would be
removed as part of this project; and
WHEREAS, this approval is subject to the approval of the Preliminary Development
Plan - Rezoning application which is contained within Town Council Ordinance No.
2009-XX; and
WHEREAS, the subject site is located at 333 Hill Road and is further identified as
Assessor's Parcel Numbers 196-310-002, 005; and
WHEREAS, the Town of Danville P-l; Planned Unit Development District Ordinance
requires approval of a Final Development Plan - Major Subdivision application prior to
recordation of the Final Map; and
WHEREAS, the Town of Danville's Tree Preservation Ordinance requires approval of a
Tree Removal permit prior to the removal of Town-protected trees; and
WHEREAS, this application was previously reviewed and recommended for approval
by the Planning Commission on February 27, 2007 and was approved by the Town
Council on April 17, 2007; and
WHEREAS, subsequent to the approval, a group calling themselves Citizens for Civic
Accountability filed a lawsuit alleging that the Town failed to comply with the
California Environmental Quality Act (CEQA) by approving the Mitigated Negative
Declaration rather than an Environmental Impact Report (EIR) for the project; and
WHEREAS, on March 5, 2008, Superior Court Judge David Flinn issued a Decision
Upon Motions for Judgment and found that the Mitigated Negative Declaration was
II properly issued" with respect to all issues ("riparian habitat, wetland, any seasonal
stream, special species, aesthetic impacts, traffic or the cumulative effect of any or all of
them") except that of tree removal and granted the Town's Motion for Judgment on all
such issues. With respect to tree removal, Judge Flinn found that the Initial Study
inadequately described the trees to be removed as part of the project and the potential
impacts of tree removal. While the judge expressly made no finding that an EIR was
required nor that additional mitigation should be required, he did order the Town to
"set aside its certification of the Initial Study and Mitigated [Negative] Declaration, and
to properly prepare and bring on for hearing a new Initial Study addressing the topic of
tree removal and any cumulative factors that arise when that matter is combined with
other potentially adverse aspects;" and
WHEREAS, in May, 2008, the Town Council adopted a Resolution and an Ordinance
setting aside the previous approval; and
WHEREAS, the Town has prepared a Supplemental Initial Study addressing tree
removal and any associated cumulative impacts and a new Mitigated Negative
Declaration. The Supplemental Initial Study (along with supporting documents) was
routed for public review and comment as required by CEQA; and
WHEREAS, no changes have occurred in the project or its circumstances showing that
the project would cause any new significant impacts or substantial increases in the
severity of environmental impacts that were identified in 2007; and
WHEREAS, in compliance with the California Environmental Quality Act (CEQA), a
Mitigated Negative Declaration of Environmental Significance has been prepared
indicating that, as amended through project modification or recommended conditions
of approval, no significant environmental impacts are expected to be associated with
this project; and
WHEREAS, the Danville Planning Commission reviewed and recommended that the
Danville Town Council approve the project, including the Initial Study related to tree
removal and the revised draft Mitigated Negative Declaration of Environmental
Significance, during the Planning Commission meeting on March 31,2009; and
WHEREAS, a staff report was submitted recommending that the Danville Town
Council approve the request; and
WHEREAS, the project was reviewed by the Danville Town Council during a noticed
public hearing on April 21, 2009; and
PAGE 2 OF RESOLUTION NO. 37-2009
WHEREAS, the public notice of this action was given in all respects as required by law;
and
WHEREAS, the Danville 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, in light of the full record, including the
Initial Study of Environmental Significance, the Supplemental Initial Study related to
tree removal, the draft Mitigated Negative Declaration of Environmental Significance,
all project studies and reports, letters submitted to the Town, and the descriptions and
explanations set forth in the staff report and attachments thereto, finds that there is no
substantial evidence in the record of any significant environmental impacts and
therefore adopts the Mitigated Negative Declaration of Environmental Significance and
approves Final Development Plan - Major Subdivision request SD 8919, and Tree
Removal request TR 2006-02 per the conditions contained herein, and makes the
following findings in support of these actions:
FINDINGS
PRELIMINARY DEVELOPMENT PLAN - REZONING
1. The proposed Rezoning will substantially comply with the 2010 General Plan,
because the zoning of P-1; Planned Unit Development District is consistent with
the site's land use designation of Residential - Single Family - Low Density (1-3
units per acre).
2. The uses authorized or proposed in the land use district are compatible within
the district and to uses authorized in adjacent districts. The proposed infill
housing is an efficient development pattern since it will utilize and add to
existing infrastructure that services the adjacent single family residential uses.
3. Community need has been demonstrated for the use proposed, because housing
is a needed use. One of the housing policies in the 2010 General Plan promotes
use of a variety of methods to encourage affordable housing production. The
related second dwelling units will have the potential to provide an alternative
housing solution for residents for whom home ownership is not possible.
PAGE 3 OF RESOLUTION NO. 37-2009
FINAL DEVELOPMENT PLAN - MAJOR SUBDIVISION
1. The proposed subdivision is in substantial conformance with the goals and
policies of the 2010 General Plan, which recognizes Danville's predominantly
single family residential character. The subdivision provides affordable housing
units that are consistent in scale and appearance with the existing residential
neighborhood to the extent reasonably possible. The Town's 2010 General Plan
recognizes the site as an important site that merits specific direction for its
development. As such, the site is designated as one of 14 Special Concern Areas
within the General Plan. The Special Concern Area language includes the
requirement for a roadway connection between Blemer Road and Matadera Way,
a connection to the back (south) side of Oak Hill Park, and residential
development consistent with existing surrounding development. The project
provides for the required roadway connection and the potential connection to
Oak Hill Park, and is consistent in density, and average lot size with the
surrounding neighborhood.
2. The design of the proposed subdivision is in conformance with the P-1; Planned
Unit Development District since the subject P-1; Planned Unit Development
District is customized to the subject Development Plan. The P-1; Planned Unit
Development District is a zoning category listed as consistent with the
underlying Residential - Single Family - Low Density (1-3 units per acre)
General Plan land use designation.
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 new parcels. In addition, the Traffic Study
prepared for the project by Fehr and Peers does not find any significant impacts
related to additional traffic or the roadway design. Specifically, for the 12
intersections studied, no intersection's level of operation will be significantly
degraded, and the operation of three intersections on Green Valley Road will be
improved. The Traffic Study also concluded that cut through traffic in the
Matadera Way jMatadera Circle neighborhood would be insignificant given the
expected good operation of the Diablo RoadjMatadera Way intersection, the
more circuitous route through the neighborhood, the traffic count findings
indicating minimal existing cut through traffic, and the distribution of school
children within the boundaries of the schools in the area which indicate that it
wouldn't be reasonable for the vast majority of vehicular trips to consider this
neighborhood cut through.
4. The density of the subdivision is physically suitable for the proposed density of
development. The proposed development of 22 lots and one parcel on the 15 + j -
PAGE 4 OF RESOLUTION NO. 37-2009
acre site falls within the allowable density range at 1.5 units per acre, consistent
with the site's Danville 2010 General Plan land use designation of Residential -
Single family - Low Density (1-3 units per acre).
5. The design of the proposed subdivision and improvements are not likely to
cause substantial environmental damage or subsequently injure fish or wildlife
or their habitat since this property is in an area surrounded by existing
residential development. The Biological Report for the project prepared by
Zander Associates concluded that the project would not result in any adverse
biological impacts. In addition, protocol California Red Legged Frog surveys
prepared by Ranna Associates concluded that there is no California Red Legged
Frog species or habitat on the site.
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. The subdivision will provide for a
public roadway connection between Matadera Way and Blemer Road as required
by the Town of Danville 2010 General Plan and a connection to the south side of
Oak Hill Park as required by the Town of Danville 2010 General Plan.
7. The project will not cause on-site flooding or add to existing downstream
flooding as detailed in the Hydraulic Report prepared for the project by Questa
Engineering and as concurred with by the Contra Costa County Flood Control
and Water Conservation District and the State Board of Water Resources, Flood
Plain Management Branch.
TREE REMOV AL PERMIT
1. Necessity. The primary reason for removal of the 97 trees, including 26 Town-
protected trees, is that preservation of those trees would be inconsistent with the
proposed residential development of the Weber property, including the creation
of a new public street through the site. The Town's 2010 General Plan calls for
such development on the site. Grading would be necessary to create residential
lots, to build the public street, and to create transitions between Project parcels
and adjoining non-Project parcels. The proposed grading could not be
conducted while preserving these trees.
2. Erosion/ surface water flow. Removal of the 26 Town-protected trees and 97
total trees would not cause significant soil erosion or cause a significant
diversion or increase in the flow of surface water. Potential erosion and flooding
impacts were addressed in the 2007 Initial Study and found to be less than
PAGE 5 OF RESOLUTION NO. 37-2009
significant and also as documented in the letter prepared by Questa Engineering
regarding hydrologic impacts attached as Attachment C of Exhibit C to the staff
report prepared for this project.
3. Visual effects. With respect to other protected trees in the area, the Project site
contains at least 20 Town-protected oak trees that would not be removed for the
Project. Twenty-two valley oaks ranging from 9 to 24 inches in diameter are
located south of the Project site along Green Valley Creek.
Removal of the 97 trees, including 26 Town protected trees would not
significantly affect off-site shade or adversely affect privacy between properties
due to the site's topography, the other trees that would remain, and the locations
of the Town-protected trees in relation to other properties.
As stated in the Aesthetics section of the 2007 Initial Study, although the existing
open field might be considered more aesthetically pleasing than infill
development consistent with the surrounding residential neighborhood, the
Project would not cause significant aesthetic impacts. Specifically regarding
removal of the 97 trees, including 26 Town-protected trees, only Trees 8 and 48
are visually prominent from public vantage points outside the Project site. The
other trees to be removed are either not visible from public vantage points or are
relatively small and below the level of public vantage points (such as Blemer
Road), and are not visually prominent. Removal of Trees 8 and 48 would not
unduly affect the scenic beauty of the area because Tree 8 is in poor condition
and Tree 48 is in decline and likely to lose branches.
It should also be noted that the history of the Project vicinity demonstrates that
as fields are converted to residential development, one result is an increase in the
number of trees (see historical photographs attached to this Supplemental Initial
Study as Attachment D). The applicant would be required to plant more than
120 street trees and mitigation trees on the Project site. In addition, just as the
existing trees on the Project site are predominantly clustered around the Weber
residence because the homeowner planted most of them there, the Town
anticipates that 22 new homeowners would add their own trees. Thus it is
anticipated that the Project would ultimately result in the conversion of one type
of scenic beauty (pasture) to another type (urban forest). As the Tree
Preservation Ordinance demonstrates, the Town values existing trees, but the
fact that the development of the Weber property for residences is likely to result
in an increase in trees is relevant to the Town's consideration of the scenic beauty
of the area following tree removal.
PAGE 6 OF RESOLUTION NO. 37-2009
CONDITIONS OF APPROVAL
Conditions of approval with an asterisk ("*") in the left-hand column are standard
project conditions of approval.
Conditions of approval typed in italicized text are mitigation measures derived from the
Mitigated Negative Declaration of Enviroruriental Significance prepared for the project.
Unless otherwise specified, the following conditions shall be complied with prior to the
issuance of grading permits or Town Council's approval of the initial final map for the
project (as determined appropriate by the Planning Division). Each item is subject to
review and approval by the Planning Division unless otherwise specified.
A. GENERAL
1. This approval is for Preliminary Development Plan - Rezoning request PUD
2004-04 and Final Development Plan - Major Subdivision request SD 8919 to
rezone a 15 + / - acre site from R-20; Single Family Residential District to P-l;
Planned Unit Development District and to authorize the subdivision of the site
into 22 single family residential lots and one remainder 3.7 + / - acre parcel.
Approval is also authorized for Tree Removal request TR 2006-02 permitting the
removal of 26 Town-protected trees. A total of 97 trees (including all Town-
protected and non-protected trees) would be removed as part of this project.
Development shall be substantially as shown on the project drawings as follows,
except as may be modified by conditions contained herein;
a. Aerial Photo labeled "Site Location - Aerial Photo Plan," (dated
January 2007) "Vesting Tentative Map, Preliminary Grading and
Utility Plan," (dated January 2007) "Preliminary and Final
Development Plan Vesting Tentative Map," (dated January 2007)
"Tree Preservation Plan," (dated December, 2008) and "Boundary
and Topographic Survey," (dated January 2007) as prepared by DK
Associates.
b. Preliminary Landscape Plan, as prepared by Rose Associates
(dated December 2008).
c. Project architectural floor plans, elevations, sections, roof plans,
and details, as prepared by Bassenian Lagoni Architects, labeled
"Matadera," dated February 7, 2005.
PAGE 7 OF RESOLUTION NO. 37-2009
d. Stormwater Control Plan C.3. report dated November 15, 2006, as
prepared by DK Associates.
e. Weber Property Traffic Impact Study dated January 3, 2006, as
prepared by Fehr & Peers Transportation Consultants.
f. Tree Report, Weber Property Danville CA, dated January 2005, as
prepared by Hortscience, Inc. and updated Tree Report prepared
by Hortscience, Inc. dated December 19, 2008.
g. Archaeological Assessment prepared by William Self Associates,
Inc., dated July 20, 2004.
h. Hydrology Report dated October 16,2006, and letter dated October
8,2008, as prepared by Questa Engineering Corp.
2. The developer shall be responsible for the payment of all development
processing fees and impact fees associated with the project. The fee
amounts to be paid shall be reflective of the fee schedules in effect at the
time payment is made, with fees to be paid prior to any Town Council
final approval action or issuance of permits, as may be applicable. In
addition to various plan checking and inspection fees, notice should be
taken of the following fees (below fee estimates reflect current project data
and fee schedules in place as of March 31,2009):
The following fees for creating 22 single family residential parcels and one
estate parcel are due at final map approval for the above-mentioned
project:
1. Map Checking Fee (23Iots)....................... paid
2. Improvement Plan Check Fee.....................$ 24,930.00+ j-
3. Engineering Inspection Fee........................$ 41,550.00+ j-
4. Grading Permit, Inspection and Plan Check Fee $ 12,816.00+ j -
5. Base Map Revision Fee (25jparcels @ $83jlot)$ 2,075.00
6. Park Land in Lieu Fee........................................... waived
7. Security and Legal Deposit..............................$15,OOO.00
8. Excavation Mitigation Fee (22 lots) ...............$ 24,860.00
The following fees are due at building permit issuance for each single
family dwelling:
PAGE 8 OF RESOLUTION NO. 37-2009
*
*
*
1. Child Care Facilities Fee.............................$ 335.00junit
2. Storm Water Pollution Program Fee ..........$ 47.00junit
3. SCC Regional Fee ................................. .... $ 1,104.00 j unit
4. Residential TIP Fee .......................................$ 2,OOOjunit
5. Tri-Valley Transportation Fee ....................$ 2,036 junit
6. Finish Grading Inspection Fee ....................$ 69.00junit
3. Prior to the recordation of the final map, the applicant shall reimburse the
Town for notifying surrounding neighboring residents bf the public
hearing. The fee shall be $1,716.00 (286 notices x $0.75 per notice x eight
notices).
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 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 Fish and Game
Code Section 711A(d). The fee shall be $1,993.00. This 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.
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 5:00 p.m. (Monday through Friday), unless otherwise approved in
writing by the City Engineer for general construction activity and the Chief
Building Official for building construction activity. Prior to any construction
work on the site, including grading, the applicant shall install a minimum 3' x 3'
sign at the project entry which specifies the allowable construction work days and
PAGE 9 OF RESOLUTION NO. 37-2009
*
8.
hours, and lists the name and contact person for the overall project manager and
all contractors and sub-contractors working on the job.
The applicant shall provide security fencing, to the satisfaction of the City
Engineer and! or the Chief Building Official, around the site during
construction of the project.
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.
*
10.
*
11.
*
12.
A watering program which incorporates the use of a dust suppressant,
and which complies with Regulation 2 of the Bay Area Air Quality
Management District shall be established and implemented for all on and
off-site construction activities. Equipment and human resources for
watering all exposed or disturbed soil surfaces shall be supplied on
weekends and holidays as well as workdays. Dust-producing activities
shall be discontinued during high wind periods.
All physical improvemel!ts shall be in place prior to occupancy of any
structure in the project. If occupancy within the project is requested to
occur in phases, all physical improvements shall be required to be in place
prior to occupancy except for items specifically excluded in a
construction-phases occupancy plan approved by the Planning Division.
No structure shall be occupied until construction activity in the adjoining
area is complete and the area is safe, accessible, provided with all
reasonably expected services and amenities, and appropriately separated
from remaining additional construction activity. A temporary vehicular
turnaround shall be provided at the end of the completed section of loop
roadway to allow separation of resident traffic and construction traffic.
As part of the initial submittal for the final map, the applicant shall submit
a written Compliance Report detailing how the conditions of approval for
this project have been complied with. This report shall list each condition
of approval followed by a description of what the applicant has provided
as evidence of compliance with that condition. The applicant must sign
the report. The report is subject to review and approval by the City
Engineer and! or Chief of Planning and! or Chief Building Official, and
may be rejected by the Town if it is not comprehensive with respect to the
applicable conditions of approval.
PAGE 10 OF RESOLUTION NO. 37-2009
*
13.
Planning Division sign-off is required prior to final building inspection
sign-off by the Building Division.
14. All construction related traffic shall enter the site from Matadera Way via
Diablo Road or from Blemer Road. Construction traffic may not access the
site via Matadera Way from Ackerman Drive or from Hill Road.
15. Prior to the issuance of grading permits, the applicant shall retain a
specialist to assess rodent control impacts anticipated to be associated
with grading activity and installation of subdivision improvements. As
deemed necessary, following the Planning Division's review of the
specialist's assessment, the applicant shall develop and implement a
rodent control plan to reduce impacts to surrounding properties to the
extent reasonably possible for the time periods of heavy construction
activity. The report shall include a schedule for regular rodent inspections
and mitigation in conjunction with the developer and the Town based on
the development schedule for the project. This report shall be subject to
review and approval by the Planning Division.
16. The applicant shall be responsible for washing the exterior of adjacent
residences, and cleaning pools and patios etc. at the completion of grading
activities. The residences to receive cleaning, the extent of the cleaning
efforts to be performed and the timing (and frequency) of such cleaning
shall be subject to review and approval by the Town.
17. As part of the subject P-1; Planned Unit Development District, Parcel B is
authorized for future use as an estate residential lot (as specified under the
compromise agreement), or for public park and recreation uses subject to
future determination by the Town.
18. Except as otherwise authorized by this approval, Lots 1-22 within this
subdivision shall be subject to the development standards, land uses, and
conditional uses established under the Town's R-15; Single Family
Residential District Ordinance.
19. All project mitigation measures regarding construction, noise, raptor
nesting, and tree removal shall be monitored by Planning Division staff
during project construction and grading activity. Implementation of
Mitigation Measures regarding tree replacement shall be monitored by
Planning Division staff and prior to the issuance of the first Certificate of
Occupancy.
PAGE 11 OF RESOLUTION NO. 37-2009
B. SITE PLANNING
*
1.
All lighting shall be installed in such a manner that lighting is generally
down directed and glare is directed away from surrounding properties
and rights-of-way.
*
2.
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.
3. The applicant shall continue to work with the developer of the property to
the east (i.e., the O'Brien property) to coordinate the edge treatment
between the two residential projects. Minor modifications to the project
plans that improve this interface are subject to review and approval by the
City Engineer.
4. The applicant shall document, to the satisfaction of the Planning Division,
that a good faith effort has been made to secure the requisite authorization
to perform off-site work involving the adjoining properties along San
Gregorio Court, with such work to include, but not necessarily be limited
to, grading to fill the proposed drainage ditch in the rear yards between
the residences along San Gregorio Court and the new homes to be
constructed on "Oak Hill Court" and the installation of a new good
neighbor fence. This would result in the extension of additional flat rear
yard area for the lots involved. If an agreement can be reached, this
grading design shall be incorporated into the final grading plan and
improvement plans for the project, subject to review and approval by the
Town. The cooperation of all affected neighbors on San Gregorio Ct. must
be obtained prior to implementation of this condition.
5. The treatment of the rear slopes of Lots 21 and 22 shall be subject to
further detailed review by the Planning Division. The details shall include
the steepness of the slopes, any retaining walls, planting and fence design
and location. In addition, the applicant shall document that they have
made a good faith effort with the adjacent property owners (i.e., Lots 1
and 2 on Blemer Place) to secure a Lot Line Adjustment which would
result in the conveyance of these slope areas to those adjacent lots.
6: Water valves, fire hook-ups, post indicator valves, reduced back flow
devices and other utilities shall not be placed where such valves or
devices are visible or visually prominent. The owner or applicant shall
PAGE 12 OF RESOLUTION NO. 37-2009
coordinate with the Town and applicable agencies to determine a
functionally and aesthetically acceptable location.
C. LANDSCAPING
*
*
*
1.
Final landscape and irrigation plans (with planting shown at 1"=20' scale)
shall be submitted for review and approval by the Planning Division. The
plan shall include common names of all plant mate:dals and shall indicate
the size that various plant materials will achieve within a five-year period
of time.
2.
All trees shall be a minimum of IS-gallon container size. All trees shall be
properly staked. All remaining shrubs used in the project, which are not
used as ground cover, shall be a minimum of five gallons in size. A
minimum of 25% of the true shrubs planted in the project (i.e., not
including Lily of the Nile, Tawny Day Lily and equivalent) shall be 10 or
IS-gallon container size shrubs.
3.
All landscaped areas not covered by shrubs and trees shall be planted
with live ground cover. All proposed ground cover shall be placed so that
it fills in within two years.
4. This permit authorizes the removal of 26 Town-protected trees, with such
removal as described within the project tree report and shown on the
above referenced Tree Removal Plan.
5. The applicant's Consulting Arborist shall calculate the total inches of diameter of
protected (including heritage) trees to be removed, as of the date of the grading
permit application (the "Total Inches"), and submit that calculation to the Town.
The applicant shall be required to replace the 26 Town-protected trees to be
removed with a number and size of oak trees equal to the total inches of diameter
of the trees to be removed. The required mitigation tree planting shall be in
addition to the street trees otherwise required to be planted as part of the project's
landscape plan.
6. It is currently estimated that approximately 69 mitigation oak trees can be
accommodated on-site (including the required 60 inch box size oak tree to replace
Tree 48). Except for the 60 inch box size tree to replace Tree 48, these trees shall
be 24 inch box size trees, which shall receive a credit of two inches per tree toward
the total mitigation planting requirement. The 60 inch box size tree shall receive a
credit of six inches.
PAGE 13 OF RESOLUTION NO. 37-2009
Since the Total Inches will exceed the credits the applicant will obtain for
replacement oaks to be planted on the Project site, credit for the remaining inches
shall be obtained through off-site oak planting or restoration (the "Off-Site
Inches"). The applicant may obtain these off-site credits in either of the following
ways, or any combination of the two that accounts for all of the Off-Site Inches:
a. The applicant may plant 24-inch box oak trees with a cumulative diameter
equal to the Off-Site Inches (credited at 2 inches per 24-inch box tree) and
install and maintain irrigation for those trees until they are established, at
an off-site location or locations to be approved by the Town. Priority shall
be placed on the planting of off-site mitigation trees in the immediate
vicinity, such as the public school in the area; or
b. In the case that the off-site plantings are not able to be accommodated in
the immediate area, as determined by the Planning Division, the applicant
may, rather than planting trees itself apply that cost to a recognized off-
site planting or restoration program such as Save Mount Diablo's Irish
Canyon oak woodland restoration project.
7. The tree preservation guidelines established in the tree surveyjarborist report
performed for this site, prepared by Hortscience (dated December, 2008), shall be
incorporated into the detailed site development plans. The tree survey shall be
updated to provide tree-specific preservation measures for those existing trees to
be retained within the project. The recommendations of this supplemental report
shall be incorporated into the final design and construction of the project.
8. A security deposit in the amount of the assessed value of the T07.on-protected
tree(s) for which development is proposed to occur within the drip line, (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 edition of
the "Guide for Establishing Values of Tree and Other Plants/' by the Council of
Tree and Landscape Appraisers under the auspices of the International Society of
Arboriculture. The appraisal shall be performed by a Certified Arborist, and shall
be subject to revie'w and approval by the Chief of Planning. A tree preservation
agreement shall be prepared that outlines the intended and allowed use of funds
posted as a tree preservation security deposit. That portion of the security deposit
still held by the Town two full growing seasons after project completion shall be
returned upon verification that the trees covered by the deposit are as healthy as
can be provided for under the terms of the tree preservation agreement.
PAGE 14 OF RESOLUTION NO. 37-2009
9. Prior to tree removal and grading 'within the development area, a determination
shall be made as to whether grading or tree removal is proposed during the raptor
nesting season (February through August). If grading or tree removal is
proposed during the raptor nesting season, a focused tree pre-construction survey
for raptor nests shall be conducted by a qualified biologist during the nesting
season to identify active nests on the project site. The survey shall be conducted
no less than 14 days, and no more than 30 days, prior to the beginning of grading
or tree removal. If nesting raptors are found during the focused survey, no
grading or tree removal shall occur within 500 feet of an active nest until the
young have fledged (as determined by a qualified biologist). If impacts to nest
trees are unavoidable, they shall be removed during the non-breeding season.
10. The 50-inch Valley Oak tree identified as Tree 48 on the project Tree Report and
Survey, is approved for removal. This tree shall be replaced with a 60-inch box
size Valley Oak tree in the median on Weber Lane just before Blemer Road.
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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.
12. The applicant shall submit a fence plan for the project for review by the
Town and the Design Review Board prior to issuance of building permits
for the project. Special attention shall be given to the fence design for Lots
1, 5, 6, 16, and 22. All fences shall be constructed of pressure treated
Douglas fir or the equivalent, shall include 2" x 8" kickboards, and shall
utilize 2" x 2" top and bottom fence board nailers, and full caliper 2" x 4"
or 2" x 6" railboards.
11.
13. The applicant shall plant a substantial number of trees and shrubs
between the rear yards of Lots 10-13 to provide for a privacy barrier
between these lots and the existing residences on San Gregorio Court.
These trees/ shrubs shall be of a species which will not exceed the height
of the ridgeline of the new homes (approximately 19 feet). The final
landscape plan shall be subject to review and approval by the Town's
Design Review Board.
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.
PAGE 15 OF RESOLUTION NO. 37-2009
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2.
The street numbers for each building in the project shall be posted so as to
be easily seen from the street at all times, day and night by emergency
service personnel.
3.
Samples of final materials and the proposed color palette shall be
submitted for review and approval by the Design Review Board prior to
the issuance of building permits for the project.
4.
Final architectural elevations, details and revisions shall be submitted for
review and approval by the Design Review Board prior to issuance of
building permits for the project. Six full sized sets of construction
drawings for the project shall be submitted to the Planning Division for
design review concurrent or prior to, the applicant initiating the Building
Division plan check process.
5.
If signing for the development is desired, in addition to any signs
approved as part of this application, a comprehensive sign program shall
be submitted to the Town for consideration under a separate application.
E. PARKING
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1.
Regulatory signagej curb painting for the non-parking side of Weber Lane
shall be provided to the satisfaction of the San Ramon Valley Fire
Protection District and the City Engineer.
F. GRADING
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1.
Any grading on adjacent properties will require prior written approval of
those property owners affected.
2.
At least one week prior to commencement of grading, the applicant shall
post the site and mail to the owners of property within 300 feet of the
exterior boundary of the project site, to the homeowner associations of
nearby residential projects and to the Town of Danville Development
Services Department, a notice that construction work will commence. The
notice shall include a list of contact persons with name, title, phone
number and area of responsibility. The person responsible for maintaining
the list shall be included. The list shall be kept current at all times and
shall consist of persons with authority to initiate corrective action in their
area of responsibility. The names of individuals responsible for dust, noise
and litter control shall be expressly identified in the notice.
PAGE 16 OF RESOLUTION NO. 37-2009
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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.
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.
7.
8.
9.
PAGE 17 OF RESOLUTION NO. 37-2009
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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 Services Department. Suitable disposal and/ or treatment
of any contaminated soil shall meet all federal, state and local regulations.
If deemed appropriate by the Health Department, the applicant shall
make provisions for immediate containment of the materials. Runoff from
any contaminated soil shall not be allowed to enter any drainage facility,
inlet or creek.
11. Details of project retaining walls, including locations, height, and exterior
finish treatment, shall be subject to review and approval by the Town
through the grading plans and/ or subdivision improvement plan check
process.
G. STREETS
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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.
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
PAGE 18 OF RESOLUTION NO. 37-2009
the standard plans and specifications of the Development Services
Department and Chapters XII and XXXI of the Town Code. At the time
project improvement plans are submitted, the applicant shall supply to
the City Engineer an up-to-date title report for the subject property.
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6.
Handicapped ramps shall be provided and located as required by the City,
Engineer.
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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.1. above and shall conform to Standard Plan
104 a & b.
8. The developer shall install three vertical deflection devices (speed humps),
along Weber Lane at locations designated by the Transportation
Department. The vertical deflection devices shall be included on the
project improvement plans and shall be subject to review, approval and
inspection by the Transportation Department.
9. The developer shall be required to install stop signs at the three-way
intersection at Weber Lane and Blemer Road and the one way stop at
Weber Lane and Matadera Way. The stop signs shall be included on the
project improvement plans.
10. The developer shall stripe curbs and install any necessary parking or
circulation signage, as determined by the Transportation Department. All
required striping and signage shall be included on the project
improvement plans.
11. The timing of opening Weber Lane to through public traffic shall be
subject to approval by the Town. Prior to opening of Weber Lane as a
through road to the public, the vertical deflection devices, and all signage
and striping, shall be installed as shown on the approved project
improvement plans.
12. The developer shall commission a follow-up traffic study after one year of
operation of the project roadway system to determine if the Matadera
neighborhood is being adversely impacted by cut-through traffic. If
determined necessary after the follow-up traffic study, additional traffic
calming measures such as speed humps on Matadera Way, Matadera
Circle, and/ or EI Quanito Drive shall be installed subject to determination
of need through the Town's Neighborhood Transportation Management
Program.
PAGE 19 OF RESOLUTION NO. 37-2009
13. The project plans shall be modified to reflect the roadway and pedestrian
circulation design near the Weber Lane/Blemer Road intersection
reflected on Exhibit I of the Planning Commission Staff Report prepared
for this project dated March 31,2009.
14. The final design of the drop-off/pick-up/turn around area near Blemer
Road, and the new driveway up the hill to the Weber residence shall be
subject to review and approval by the Town as part of the improvement
plan review process.
15. The sidewalk on the west side of Weber Lane shall be widened to six-feet
to accommodate both pedestrian and bicycle traffic. Appropriate signage
and/ or pavement markings shall be provided to the satisfaction of the
Town's Transportation Department.
H. 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 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 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.
5.
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
PAGE 20 OF RESOLUTION NO. 37-2009
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11.
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12.
required to handle the expected ultimate peak water flow and to stabilize
erosive banks that could be impacted by additional storm water flow.
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.
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.
The applicant shall furnish proof to the City Engineer of the acquisition of
all necessary rights of entry, permits and/or easements for the
construction of off-site temporary or permanent road and drainage
improvements.
All new utilities required to serve the development shall be installed
underground in accordance with the Town policies and existing
ordinances. All utilities shall be located and provided within public utility
easements, sited to meet utility company standards, or in public streets.
All utility distribution facilities, including but not limited to electric,
communication, and cable television lines, within a residential or
commercial subdivision shall be under ground, except as follows:
a. Equipment appurtenant to under ground facilities, such as surface
mounted transformers, pedestal mounted terminal boxes and meter
boxes, and concealed ducts;
b. Metal poles supporting street lights.
All street, drainage or grading improvement plans shall be prepared by a
licensed civil engineer.
I. MISCELLANEOUS
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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 Town staff. Any other
change will require Planning Commission approval through the
Development Plan review process.
PAGE 21 OF RESOLUTION NO. 37-2009
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2.
The developer shall be responsible for forming a homeowners' association
for the project. The project homeowners' association, through project-
specific covenants, conditions and restrictions (CC&Rs), shall be
responsible for maintenance of the drainages, bioswale, biocell and other
common on-site landscaping, including the medians around the large oak
trees near Blemer Road, and Parcel A. 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.
3.
As a part of the issuance of a demolition permit and/ or building permit
for the project, the developer shall submit a recycling plan for building
and construction materials and the disposal of green waste generated
from land clearing on the site. Prior to obtaining framing inspection
approval for the project, the applicant/ owner shall provide the Planning
Division with written documentation (e.g., receipts or records) indicating
that waste materials created from the demolition of existing buildings and
the construction of new buildings were/ are being recycled according to
their recycling plan, or in an equivalent manner.
4.
The proposed project shall conform to the Town's Stormwater
Management and Discharge Control Ordinance (Ord. No. 2004-06) and all
applicable construction Best Management Practices (BMPs) for the site.
For example, construction BMPs may include, but are not limited to: the
storage and handling of construction materials, street cleaning, proper
disposal of wastes and debris, painting, concrete operations, dewatering
operations, pavement operations, vehicle/ equipment cleaning,
maintenance and fueling and stabilization of construction entrances.
Developer training of contractors on BMPs for construction activities is a
requirement of this approval.
Prior to commencement of any site work that will result in a land
disturbance, the applicant/ owner shall submit evidence to the Town that
the requirements for obtaining a State General Construction Permit have
been met. Such evidence may be the copy of the Notice of Intent sent to
the State Water Resources Control Board. Additionally, the
applicant/ owner shall submit evidence that the requirements for
obtaining the U.S. Army Corps of Engineers 404 Permit, the State Water
Resources Control Board's 401 Certification, and the California
Department of Fish and Game's Streambank Alteration Agreement have
been or will be met if applicable. Such evidence may be a copy of the
permit/ agreement and/ or a letter from the applicant/ owner stating the
above permits are not required for the subject project.
PAGE 22 OF RESOLUTION NO. 37-2009
5.
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6.
A Notice of Intent and Storm Water Pollution Prevention Plan (SWPPP)
shall be filed with the Regional Water Quality Control Board and a copy
given to the City Engineer prior to commencement of any construction
activity. A SWPPP shall be prepared as part of the preparation of project
improvement plans. The SWPPP shall supplement the erosion control
plan prepared for the project, if one is required. These documents shall
also be kept on-site while the project is under construction.
7. 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
improvement plans. These requirements are contained in the project's
Stormwater Control Plan, which is subject refinement through the Town's
review of the final grading and improvement plans, 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 Stormwater 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 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
PAGE 23 OF RESOLUTION NO. 37-2009
the preparation of Stormwater BMP Operation and Maintenance
Plans are in Appendix F of the Town's Stormwater C.3 Guidebook.
8. The project shall conform to the Town's Inclusionary Housing for
Affordable Residential Housing Ordinance. The developer shall provide
at least five below market rate for-rent second units, as defined by the
Ordinance or second units to the satisfaction of the Planning Division. If
rented, these second units shall be rented at an affordable rate, as set by
the California Department of Housing and Community Development, to
be affordable to low income households. The development and tenant of
below market rate units shall be subject to an affordable housing
agreement, which is subject to review and approval by the Town Council
prior to recordation of the final map for the project. In addition, a deed
restriction shall be recorded with the Contra Costa County Recorder in
accordance with the Town's Second Dwelling Unit Ordinance precluding
concurrent use of the second units and the respective primary residence as
rental units. These second units are authorized to be up to 750 square feet
in size. This condition does not preclude future property owners in this
subdivision from building additional second dwelling units in compliance
with the Town's Second Dwelling Unit Ordinance.
APPROVED by the Danville Town Council at a regular meeting on April 21, 2009, by
the following vote: .
AYES:
NOES:
ABSTAIN:
ABSENT:
Arnerich, Doyle, Andersen, Shimansky, Stepper
None
None
None
APPROVED AS TO FORM:
nu:13 ~I
ATTEST:
CITY ATTORNEY
CITY CLERK
PAGE 24 OF RESOLUTION NO. 37-2009