HomeMy WebLinkAbout014-2010
RESOLUTION NO. 14-2010
APPROVING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL
SIGNIFICANCE AND APPROVING FINAL DEVELOPMENT PLAN REQUEST
DP2007-14 - MAJOR SUBDIVISION REQUEST SD 9204, AND TREE REMOVAL
REQUEST TR 2009-036 (APN: 218-371-010 - 943 CAMINO RAMON)
WHEREAS, G. Novotny and M. Berney, Owners, and Milani and Associates,
Applicants, have requested approval of a Preliminary Development Plan - Rezoning
request, Final Development Plan - Major Subdivision request, and Tree Removal
Request TR09-036 to rezone a 0.75 + / - acre site from M-9; Multiple Family Residential
District to a new P-1; Planned Unit Development District, and to subdivide the site to
allow development of nine (9) attached single family lots; and
WHEREAS, the subject site portrayed on the developer's submittal is located at 943
Camino Ramon and is further identified as Assessor's Parcel Numbers 218-371-010; and
WHEREAS, the Tree Removal request TR 2009-036 would authorize the removal of
seven Town-protected trees with such action taken in concert with the removal of an
additional 21 non-protected trees; and
WHEREAS, the Town of Danville P-1; Planned Unit Development District Ordinance
requires approval of a Preliminary Development Plan - Rezoning request prior to the
approval of a Final Development Plan - Major Subdivision application; 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, a Mitigated Negative Declaration of Environmental Significance has been
prepared for the project indicating that, as required through approved mitigation
measures, no significant environmental impacts are expected to be associated with this
project; and
WHEREAS, the Planning Commission did review the project at a noticed public
hearing on December 8,2009 and approved a resolution recommending that the Town
Council approve the project proposal; and
WHEREAS, the Danville Town Council did review the project at a noticed public
hearing on February 16, 2010; and
WHEREAS, the public notice of this action was given in all respects as required by law;
and
WHEREAS, a staff report was submitted recommending that the Town Council
approve the request; and
WHEREAS, the Town Council did hear and consider all reports, recommendations, and
testimony submitted in writing and presented at the hearing; now, therefore, be it
RESOLVED that the Town Council of the Town of Danville approves a Mitigated
Negative Declaration of Environmental Significance and approves Preliminary
Development Plan - Rezoning request PUD 2007-02 and Final Development Plan DP07-
14 - Major Subdivision request SD 9204, per the conditions herein, and makes the
following findings in support of these actions:
Preliminary Development Plan - Rezoning:
1. The proposed Rezoning is. in substantial conformance with the goals and policies
of the Danville 2010 General Plan.
2. The uses authorized or proposed in the land use district are compatible within
the district and to uses authorized in adjacent districts.
3. Community need has been demonstrated for the uses authorized or proposed.
4. There is no evidence before the Town that the proposed project will have
potential for an adverse effect on wildlife resources or the habitat upon which the
wildlife depends.
Final Development Plan - Major Subdivision:
1. The proposed subdivision is in substantial conformance with the goals and
policies of the Danville 2010 General Plan.
2. The design of the proposed subdivision is in substantial conformance with the
applicable zoning regulations.
3. The design of the subdivision and the type of associated improvements will not
likely cause serious public health problems because, in part, water and sanitary
facilities services will be available to the project.
4. The density of the subdivision is physically suitable for the subject site and
surrounding neighborhood and is consistent with allowable density standards as
allowed for this site under the Danville 2010 General Plan.
PAGE 2 OF RESOLUTION 14-2010
5. The design of the proposed subdivision and improvements are not likely to
cause substantial environmental damage or subsequently injure fish or wildlife
or their habitat since this property is in an area where development has
previously occurred.
6. The design of the proposed subdivision and proposed improvements will not
conflict with easements, acquired by the public at large, for access through or use
of, property within the proposed subdivision.
Tree Removal Request:
1. Necessity. The primary reason for removal of 28 trees, including seven Town-
protected trees, is that preservation of those trees would be inconsistent with the
proposed residential development of the property. Grading and paving would
be necessary to create residential lots and to build the private driveway. The
proposed grading and paving could not be conducted while preserving these
trees.
2. Erosion/ surface water flow. Removal of the seven Town-protected trees and 28
total trees would not cause significant soil erosion or cause a significant
diversion or increase in the flow of surface water because all development would
take place in compliance with the Town Erosion Control Ordinance (Ord. 91-25)
and a complete site drainage system will be installed in conjunction with the
property's development.
3. Visual effects. Removal of the 28 trees, including seven Town protected trees
would not significantly affect off-site shade or adversely affect privacy between
properties due to proposed mitigation plantings and landscape plan.
CONDITIONS OF APPROVAL
Conditions of approval with an asterisk ("*") in the left-hand column are standard
project conditions of approval.
Conditions of approval typed in italicized text are mitigation measures derived from the
Mitigated Negative Declaration of Environmental Significance prepared for the project.
Unless otherwise specified, the following conditions shall be complied with prior to the
Town Council approval of the initial final map for the project. Each item is subject to
review and approval by the Planning Division unless otherwise specified.
PAGE 3 OF RESOLUTION 14-2010
A. GENERAL
1. This approval is for Preliminary Development Plan - Rezoning request
PUD 2007-01, Final Development Plan request DP2007-14, and Major
Subdivision request SD 9204 collectively seeking authorization to rezone
the subject site from M-9; Multiple Family Residential District to P-1;
Planned Unit Development District, and to allow the subdivision of the
0.75 + / - acre site into nine lots and to construct a nine-unit attached single
family residential project. Development shall be substantially as shown
on the project plans as follows, except as may be modified by conditions
contained herein:
a. Vesting Tentative Map, Preliminary Grading Plan, Sections, Off-site
drainage details, and Preliminary Landscape Plan consisting of nine
sheets, as prepared by Milani and Associates, and dated received by
the Planning Division on November 19, 2009.
b. Preliminary Architectural and Floor Plans, consisting of 15 sheets, as
prepared by Steven F. Kubitschek Residential Design, dated June 9,
2009 which the exception of the following:
a. The second dwelling unit ("Unit 10") shall be removed and is
not approved. Final treatment of the subject elevations shall be
subject to review and approval by the Town Planning Division
and Design Review Board.
c. Stormwater Control Plan consisting of 10 sheets and associated
appendices, as prepared by Milani and Associates, dated November
19,2009.
d. Tree Report and Survey consisting of five sheets, as prepared by
Advance Tree Service, dated received by the Planning Division on July
26, 2007.
e. Geotechnical Investigation consisting of 30 pages, as prepared by
Nicholas Engineering Consultants, dated received by the Planning
Division on July 26, 2007.
*
2.
The developer shall pay any and all Town and other related fees
applicable to the property. 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. Notice should be taken specifically
of the Map Checking Fee ($3,674.00), Improvement Plan Check Fee (3% of
P AGE 4 OF RESOLUTION 14-2010
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*
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cost estimate), Engineering Inspection Fee (5% of cost estimate), Base
Map Revision Fee ($747.00), Excavation Mitigation Fee ($3,285.00), Park
Land in Lieu Fee ($43,487.60 - current estimate), Drainage Area 37 A
($703.00), Child Care Facility Fee ($115.00junit), Finish Grading
Inspection Fee ($70.00junit), Storm Water Pollution Program Fee
($47.00junit), SCC Regional Fee ($l,182.00junit), SCC Sub-Regional Fee
($3,263.00junit), TIP Residential Fee ($2,OOO.00junit), and Tri-Valley
Transportation Fee ($l,387.00junit).
3. Prior to the recordation of the final map the developer shall reimburse the
Town for notifying surrounding neighboring residents of the public
hearing. The fee shall be $525.44 (184 notices X $0.83 per notice x 2 notices
plus two noticing processing fees of $110.00).
4.
Prior to the issuance of grading or building permits, the developer shall
submit written documentation that all requirements of the San Ramon
Valley Fire Protection District (SRVFPD) and the San Ramon Valley
Unified School District have been, or would be, met to the satisfaction of
these respective agencies.
5. The developer shall submit to the Town of Danville fees required to file a
Notice of Determination for this project within five days of approval of
this project. The fee shall be $50.00.
6.
In the event that subsurface archeological remains are discovered during
any construction or pre-construction activities on the site, all land
alteration work within 100 feet of the find shall be halted, the Town
Planning Division notified, and a professional archeologist, certified by
the Society of California Archeology andj or the Society of Professional
Archeology, shall be notified. Site work in this area shall not occur until
the archeologist has had an opportunity to evaluate the significance of the
find and to outline appropriate mitigation measures, if they are deemed
necessary. If prehistoric archaeological deposits are discovered during
development of the site, local Native American organizations shall be
consulted and involved in making resource management decisions.
7.
Construction activity shall be restricted to the period between the
weekday hours of 7:30 a.m. to 5:30 p.m. (Mondays through Fridays),
unless otherwise approved in writing by the City Engineer for general
construction activity and the Chief Building Official for building
construction activity. Prior to any construction work on the site, including
grading, the developer shall install a minimum 3' x 3' sign at the project
entry which specifies the allowable construction work days and hours,
PAGE 5 OF RESOLUTION 14-2010
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and lists the name and contact person for the overall project manager and
all contractors and sub-contractors working on the job.
The developer shall provide security fencing, to the satisfaction of the City
Engineer and/ or the Chief Building Official, around the site during
construction of the project.
The developer shall require their contractors and subcontractors to fit all
internal combustion engines with mufflers, which are in good condition,
and to locate stationary noise-generating equipment as far away from
existing residences as feasible.
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.
As part of the initial submittal for the final map, plan check, and/or
building permit review process (whichever occurs first), the developer
shall submit a written Compliance Report detailing how the conditions of
approval for this project have been complied with. This report shall list
each condition of approval followed by a description of what the
developer has provided as evidence of compliance with that condition.
The developer must sign the report. The report is subject to review and
approval by the City Engineer and/ or Chief of Planning and/ or Chief
Building Official, and may be rejected by the Town if it is not
comprehensive with respect to the applicable conditions of approval.
Planning Division sign-off is required prior to final building inspection
sign-off by the Building Division.
13. The developer shall create a construction staging plan that addresses the
ingress and egress location for all construction vehicles, parking and
material storage area. This plan shall be subject to review and approval by
the Town prior to the issuance of a grading permit.
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14.
Prior to the issuance of grading permits, the developer shall retain a
specialist to assess any rodent control impacts associated with the
development and shall develop a rodent control plan, which shall be
subject to review and approval by the Planning Division.
PAGE 6 OF RESOLUTION 14-2010
B. SITE PLANNING
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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.
The location of any pad mounted electrical transformers shall be subject to
review and approval by the Planning Division prior to the issuance of a
building permit. To the extent feasible, such transformers shall not be
located between any street and the front of a building.
3. Anyon-site well 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.
C LANDSCAPING
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1. Final landscape and irrigation plans (with planting shown at 1 "=20' scale) for
the front and rear yard areas of all parcels shall be submitted for review and
approval by the Design Review Board prior to the issuance of a Building Permit.
The plan shall include common names of all plant materials and shall indicate the
size that various plant materials would achieve 'within a five-year period of time.
2. The landscape plan for all C3.facilities shall be substantially consistent
with the recommendations contained in the C3 Guidebook, including
plant materials, soil and irrigation details. Irrigation for all the C3
Integrated Management Practices (IMP) areas shall be designed on
separate zones.
3.
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.
4.
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.
5.
All landscaped areas not covered by shrubs and trees shall be planted with live
ground cover. All proposed ground cover shall be placed so that they fill in
within two years.
PAGE 7 OF RESOLUTION 14-2010
6. The applicant shall document that a diligent effort has be made to secure input
and approval from the adjacent neighbors to the east and south regarding the
number, type, and location of project-installed shrubs and trees to provide buffer
screening of the project and vehicular activity associated with the project. Prior
to recordation of the final map or issuance of a grading permits, the applicant
shall submit documentation regarding the preference of the neighbors, and the
resultant desired landscape design, 'which shall be subject to Town revie'w and
approval as part of on the final landscape plans.
7. Concurrent with the submittal of the final grading plans, the applicant
shall submit a plan detailing all project fences and all project retaining
walls. Details shall include fence and wall heights, designs, construction
materials, and method of provision for drainage behind retaining walls.
The plans shall also depict which fences and which retaining walls shall
be maintained by the homeowners association. Final fence and retaining
wall design shall be subject to review and approval by the Planning
Division prior to issuance of grading permits or building permits.
8. The project construction landscaping plans shall indicate that applicant
shall provide individual hose bib connections in each rear yard patio area
and shall supply a minimum three-station irrigation timing clock that is
pre-plumbed for a private irrigation system in each rear yard area.
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.
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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 developer initiating the Building
PAGE 8 OF RESOLUTION 14-2010
Division plan check process. Particular attention shall be paid to ensure
that the locations of windows that face adjacent units shall be adjusted
such that the windows do not align for privacy. DRB should also provide
a focused review of the treatment of "Unit 9" upon elimination of the
second dwelling unit, and the facilitation of pedestrian movement from
the parking spaces designated for Valley Parent Preschool to the
neighboring site through hardscape and landscape review.
5. The project covenants, conditions and restrictions shall provide a review
and approval process for any proposed repainting or re-roofing of
exteriors of the units in this project. Any modification to the final color
and material selection for the project shall be subject to the review and
approval by the Planning Division through the Development Plan
process.
6. The applicant shall develop design guidelines for construction of
accessory structures in the rear yards of the 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 homebuyers and to the Town. The guidelines shall be submitted for
review and approval by the Town prior to recordation of the final map or
issuance of building permits. A standardized shade structure shall be
designed for utilization for the rear yard areas of Units 2 through 9,
providing direction to future property owners of the design, maximum
size parameters (footprint and height) and construction materials to be
utilized for attached shade structures constructed over their patio areas.
Any attached shade structure developed in the yard areas for these units
shall not extend more than eight feet away from the rear building
elevation. Detached shade structures requiring a Building Permit shall be
subject to review and approval by the Planning Division under a separate
administrative Development Plan.
E. TRAFFIC/PARKING
1. An R1-1 Stop Sign and pavement legend shall be installed facing the
driveway exit.
2. The stamped concrete surfacing at the northeast corner of the site shall be
fitted with bollards or low fencing to prevent against unauthorized
parking. Final design shall be subject to review and approval by the
Town's Engineering, Transportation, and Planning Divisions.
PAGE 9 OF RESOLUTION 14-2010
3. The proposed concrete sidewalk along the north side of the driveway
(west of the two compact parking spaces) and the curbs along the
driveway shall be painted red and R26F "No Parking, Fire Lane" signs
shall be installed on both sides ( one sign for each side) to further
emphasize the parking prohibition. All sidewalks with longitudinal
slopes exceeding 1 :20 or with stairs shall be constructed with landings and
handrails in conformance with the California Building Code.
4. Two parking surface spaces shall be designated as assigned parking for
the Below Market Rate Unit (Unit #2) in lieu of providing an enclosed
garage for the subject unit.
F. GRADING/ENGINEERING
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1.
Any grading on adjacent properties will require prior written approval of
those property owners affected, with evidence submitted to the Town.
2.
At least one week prior to commencement of grading, the developer 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 on or
around the stated date. 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. The geotechnical engineer-of-record
shall certify that the design conforms to the report recommendations
before a Grading Permit is issued by the Town.
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
PAGE 10 OF RESOLUTION 14-2010
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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
. .. .
mImnuze 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 Notice of Intent shall be filed with the Regional Water
Quality Control Board, with a copy provided to the Town before a
Grading Permit will be issued.
7.
All new development shall be consistent with modern design for
resistance to seismic forces. All new development shall be in accordance
with the California Building Code and Town of Danville Ordinances.
8.
All cut and fill areas shall be appropriately designed to minimize the
effects of ground shaking and settlement.
9.
Stockpiles of debris, soil, sand or other materials that can be blown by the
wind shall be covered.
10.
If toxic or contaminated soil is encountered during construction, all
construction activity in that area shall cease until the appropriate action is
determined and implemented. The concentrations, extent of the
contamination and mitigation shall be determined by the Contra Costa
County Health Department. Suitable disposal and/ or treatment of any
contaminated soil shall meet all federal, state and local regulations. If
deemed appropriate by the Health Department, the developer shall make
provisions for immediate containment of the materials. Runoff from any
contaminated soil shall not be allowed to enter any drainage facility, inlet
or creek.
PAGE 11 OF RESOLUTION 14-2010
11. In recognition that the concrete spillway at the northeast corner of the site
will be approximately five feet lower than the adjacent storm drain
junction box, it shall be enclosed with open wire fencing to protect against
a fall. Final fencing details shall be subject to review and approval by the
T own Planning Division.
12. The applicant shall relinquish abutters' rights for vehicle access to Camino
Ramon along the entire property frontage except where the vehicle
driveway is proposed.
G. STREETS
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1.
The developer 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 developer 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 developer. 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 Code. At the time
project improvement plans are submitted, the developer shall supply to
the City Engineer an up-to-date title report for the subject property.
6. 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 Danville
Standard Plan 104 a and b.
PAGE 12 OF RESOLUTION 14-2010
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.
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.
2.
3.
Drainage facilities and easements shall be provided to the satisfaction of
the City Engineer of the Town of Danville.
4.
All runoff from impervious surfaces shall be intercepted at the project
boundary and shall be collected and conducted via an approved drainage
method through the project to an approved storm drainage facility, as
determined by the City Engineer. Development which proposes to
contribute additional water to existing drainage systems shall be required
to complete a hydraulic study and make improvements to the system as
required to handle the expected ultimate peak water flow and to stabilize
erosive banks that could be impacted by additional storm water flow.
Underground storm drainage pipe networks shall have cleanouts installed
at all 90-degree or greater bends for maintenance.
5. Except where this conflicts with the C.3. Plan, roof drainage from
structures shall be collected via a closed pipe and conveyed to an
approved storm drainage facility in the street curb. No concentrated
drainage shall be permitted to surface flow across sidewalks.
6.
Any portion of the drainage system that conveys runoff from public
streets shall be installed within a dedicated drainage easement, or public
street.
7.
If a storm drain must cross a lot, or be in an easement between lots, the
easement shall be equal to or at least double the depth of the storm drain.
8.
The developer 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.
9.
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
PAGE 13 OF RESOLUTION 14-2010
easements, sited to meet utility company standards, or in public streets.
*
10.
All utility distribution facilities, including but not limited to electric,
communication, and cable television lines, within a residential subdivision
shall be under ground.
The applicant shall remove the existing joint utility pole at the southwest
corner of the property which terminates the overhead utility alignment
and serves as the transition point for the underground joint trench that
extends to the south and shall provide an underground joint trench across
the frontage of the subject property.
11.
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12.
All street, drainage or grading improvement plans shall be prepared by a
licensed civil engineer.
13. Lot Line Adjustment 2009-02, which transfers a portion of the neighboring
Subdivision 4819 Lot 7 to the applicant's property, shall be recorded prior
to recordation of the project final map. If the neighboring property owner
elects not to allow the lot line adjustment to record, the applicant shall
have the responsibility to redesign the associated improvements so
encroachment on the neighbor's property is not needed, with the alternate
design subject to review and approval by the Planning Division. At the
discretion of the Town, redesign of the improvements and associated
modifications to the tentative map may be referred to the Planning
Commission for consideration and action.
14. The tentative map anticipates the relinquishment and reestablishment of
property rights between the applicant and the neighboring properties to
the north, including Parcel D of Minor Subdivision 172-77, Lot 6 of
Subdivision 4819, and Lot 7 of Subdivision 4819, as illustrated on the
Easement Exhibit, Sheet 8. The documents associated with the
relinquishment and reestablishment of property rights shall be recorded
prior to recordation of the project final map. If any of the neighboring
property owners elects not to participate in the relinquishment and
reestablishment of property rights, the applicant shall have the
responsibility to redesign the improvements so the affected transfer of
rights is not needed, with the alternative design subject to review and
approval by the Planning Division. At the discretion of the Town,
redesign of the improvements and associated modifications to the
tentative map may referred to the Planning Commission for consideration
and action.
PAGE 14 OF RESOLUTION 14-2010
I. CLEANWATER/STORMWATER
1. The proposed project shall conform to the Town's Stormwater Management and
Discharge Control Ordinance (Ord. No. 94-19) and all applicable construction
and post-construction Best Management Practices (BMPs) for the site.
Construction BMPs may include, but are not limited to: the storage and handling
of construction materials, street cleaning, proper disposal of wastes and debris,
painting, concrete operations, dewatering operations, pavement operations,
vehicle/equipment cleaning, maintenance and fueling and stabilization of
construction entrances. Training of contractors on BMPs for construction
activities is an applicant requirement under this permit.
2. As part of this plan, the applicant will also prepare and record an Operations and
Maintenance Agreement and Plan to ensure that the facilities are properly
maintained and operated post construction. The integrated management practices
(IMP) proposed for the treatment areas will be consistent with the
recommendations of the Contra Costa Clean Water Program.
3. Inspection requirements: The applicant and the Town grading inspector
shall set up an inspection schedule at the pre-construction meeting that
allows for the following inspection check points:
· Pre-construction meeting to identify and explain the purpose of all
C.3. facilities to be built on-site and how they are to function and
agree upon the schedule of inspections needed. Check for conflicts
and/ or inconsistencies in the C.3. Stormwater plans with the
improvement plans. Agree to seek approval by the Town to
resolve issues prior to construction, if conflicts exist.
· Check erosion and sediment control efforts continuously during
construction. Protect C.3 facilities from compaction and erosion
and sedimentation by diverting run-off around the facilities while
under construction.
· Check grading so that grade breaks and elevations are accurate and
consistent with the C.3. plans, including excavation and ripping the
bottom of C.3. infiltration facilities. Ensure that the dimensions of
all IMPs are accurate.
· Ensure that the installation of sub-drains, clean-outs and pipes
collecting surface drainage from impervious surfaces and
downspouts are installed per the C.3. plan from each Drainage
Management Area and conveyed to the correct Integrated
PAGE 15 OF RESOLUTION 14-2010
Management Practice (IMP) facility. This also includes inspection
of the overflow drain elevations in each IMP to ensure that they are
not aligned with the inlets, installed at an appropriate distance
away and set at the appropriate elevation (4 inches above grade
with 2 inches of freeboard).
. Ensure that the area drain inlets for all C.3. Self-retaining and Self-
treating areas are set three inches above grade in the rear yards of
each unit per the C3. Stormwater Plan.
. Inspect drain rock and imported specified soil per the C3. plans
before it is installed. After installation, do an infiltration test in the
IMP to ensure that the pass-through soil drainage rate is between
10 and 20 inches per hour.
. When complete, inspect vegetation installed in the IMPs to ensure
that it is installed in accordance with the C3. planting and
irrigation guidelines and that the irrigation for the infiltration
planter is on a separate zone.
4. An Operation and Maintenance Agreement and an Operation and
Maintenance Plan for this project is required to be prepared, approved by
the Town and recorded prior to Final Occupancy of the project. These
documents shall designate the Homeowners Association (HOA) to be
responsible for all operation and maintenance of all drainage facilities on
the site. These two documents shall also be made a part of the CCRs.
J. MISCELLANEOUS
*
1.
The project shall be constructed as approved. Minor modifications in the
project design, but not its use, may be approved by Staff. Any other
change would require Planning Commission approval through the
Development Plan review process.
2. Conditions of this approval may require the developer to install public
improvements on land over which neither the developer, nor the Town,
has easement rights to allow for the installation of the improvements. The
developer shall be responsible for acquisition of said easement rights
through private negotiations. All easement rights shall be secured prior to
Town Council final approval of any subdivision map. All costs associated
with such acquisition shall be borne by the developer.
PAGE 16 OF RESOLUTION 14-2010
*
*
*
*
3.
Pursuant to Government Code section 66474.9, the developer (including
the developer or any agent thereof) shall defend, indemnify, and hold
harmless the Town of Danville and its agents, officers, and employees
from any claim, action, or proceeding against the Town or its agents,
officers, or employees to attack, set aside, void, or annul, the Town'
approval concerning this Planned Unit Development Application, which
action is brought within the time period provided for in Section 66499.37.
The Town would promptly notify the developer of any such claim, action,
or proceeding and cooperate fully in the defense.
4.
The project homeowners' association, through project-specific covenants,
conditions and restrictions (CC&Rs), shall include language related to the
on-going maintenance, responsibilities, and requirements for all on-site
roads, trash container storage, pedestrian ways, common landscape areas
(including C.3. treatment faciltites), common fencing, retaining walls,
mailbox structures, entry signs, parking areas, common drainage facilities
and any project installed off-site landscaping. 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. Project CC&Rs shall also
include language which requires residents to keep their garages clear so
that two cars may be parked in the enclosed spaces at all times to ensure
minimal overflow to surface and street parking.
5.
Use of a private gated entrance is expressly prohibited.
6.
The final location, design and number of gang mailbox structures serving
the project shall be subject to review and approval by the Planning
Division and the local Postmaster.
7. Any associated project identification signage shall be reviewed and
approved by the Planning Division under a separate sign application.
8. This project shall be responsible for the provision of a minimum of one
residential unit that shall be made available to a moderate income
household, as defined by the State Department of Housing and
Community Development (HCD) and the United States Department of
Housing and Urban Development (HUD). The developer shall enter into
a formal agreement with the Town which specifies the maximum income
of the buyer(s) (to be less than or equal to 110% of median income for a
four-person household), regulates the terms of occupancy, resale or any
other restriction deemed necessary to assure the long term affordability of
the units to moderate income households. This agreement shall be subject
to approval by the Town Council prior to recordation of the final map for
PAGE 17 OF RESOLUTION 14-2010
the project or issuance of building permits, whichever occurs first.
9. A ten foot swinging gate shall be installed in lieu of the proposed man-
gate on the shared property line of the subject property and Lot 6 of
Subdivision 4819 in order to allow access for Lot 6 to and from Camino
Ramon. The design of the swinging gate shall be subject to review and
approval by the Town's Planning Division and may be referred to the
Design Review Board at the discretion of the Chief of Planning.
Advisory Comment
1. The project shall conform to the Town's Construction and Demolition
Ordinance (Ordinance No. 2009-05), in effect as of September 10, 2009.
APPROVED by the Danville Town Council at a regular meeting on February 16, 2010,
by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Doyle, Andersen, Stepper, Storer
None
None
Arnerich
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MAYOR
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CITY ATTORNEY
ATTEST:
PAGE 18 OF RESOLUTION 14-2010