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HomeMy WebLinkAbout126-2010RESOLUTION NO. 126 -2010 APPROVING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND GENERAL PLAN AMENDMENT LEG10 -0003, PRELIMINARY DEVELOPMENT PLAN - REZONING REQUEST LEG10 -0002, FINAL DEVELOPMENT PLAN REQUEST DEV10 -0041, AND MAJOR SUBDIVISION REQUEST SD 9287 (APN: 215 - 090 -032 - TASSAJARA LANE) WHEREAS, CASALE FAMILY TRUST, Owner/ Applicant, have requested approval of a General Plan Amendment request LEG10 -0003, Preliminary Development Plan - Rezoning request LEG10 -0002, Final Development Plan request DEV10 -0041, and Major Subdivision request SD 9287 to amend the General Plan Land Use Designation of the site from Residential - Country Estates - 1 Acre Lot Minimum to Residential - Multiple Family - Low Density, 7 -12 units/ acre and to rezone the subject site from P -1; Planned Unit Development District to a new P -1; Planned Unit Development District, in order to allow a seven lot subdivision and the construction of seven single - family residential units; and WHEREAS, the subject site portrayed on the project plans is located at the northeast corner of Camino Tassajara and Tassajara Lane and is further identified as Assessor's Parcel Numbers 215 - 090 -032; and WHEREAS, the proposed project requires the approval of a General Plan Amendment to allow the proposed density on the project site; and WHEREAS, the Town of Danville P -1; Planned Unit Development District Ordinance requires approval of a Preliminary Development Plan - Rezoning request prior to the approval of a Final Development Plan - Major Subdivision application; and WHEREAS, the Town of Danville Subdivision Ordinance requires approval of a Major Subdivision request prior to recordation of a final map; and WHEREAS, a Mitigated Negative Declaration of Environmental Significance has been prepared for the project indicating that, as modified through project revisions or recommended conditions of approval, no significant environmental impacts are anticipated to be associated with the project, 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 Planning Commission recommend to the Town Council approve the request; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on October 12 2010, and did recommend that the Town Council approve the request; WHEREAS, the Danville Town Council did review the project at a noticed public hearing on November 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 General Plan Amendment request LEG10 -0003, Preliminary Development Plan - Rezoning request LEG10 -0002, Final Development Plan request DEV10 -0041, and Major Subdivision request SD 9287 per the following conditions, and makes the following findings in support of this recommendation: General Plan Amendment 1. The General Plan Amendment is consistent with the Goals and Policies of the 2010 General Plan, specifically Policies: 1.02 (scale, appearance and character of development); 1.04 (provide higher density residential development near shopping centers and bus routes); 1.06 (cumulative effects of development on community facilities and services); 1.08 (protect existing residential development from incompatible uses and traffic impacts); 1.13 (prohibit gated residential communities); 2.01 (achieve high standard of residential design); 2.07 (improve appearance of the community by encouraging aesthetically designed buildings, screening, adequate setbacks and landscaping); 3.01 (provide adequate pedestrian, bicycle and parking facilities); 3.08 (encourage the reuse of vacant and underutilized commercial buildings for more economically productive purposes, including new businesses, housing, and mixed use development); 4.02 (promote affordable housing); 5.06 (growth management policy relating to local and regional transportation system); 5.07 (growth management policy relating to parks, fire, police, sanitary sewer, water and flood control services); 9.02 (parkland acreage -per- resident performance standard); 10.03 (provide access links to trail systems); 10.06 (preserve and enhance Iron Horse Trail usage); 10.08 PAGE 2 OF RESOLUTION 126 -2010 (work with EBRPD in developing access to District facilities); 11.01 (ensure new development pays fair share of the cost of civic and community facilities); 11.06 (ensure new development contributes its fair share towards development of school facilities); 15.05 (require design measures to accommodate access by pedestrians, bicycles and transit); 17.07 (protect surface water from pollution); 18.09 (encourage recycling); 19.05 (pursue "best management practices' for controlling stormwater runoff impacts); 20.06 (ensure appropriate structural and engineering standards are implemented); 21.04 (fire services response time performance standard); 23.01 (residential development to meet noise level guidelines); 24.05 (promote development patterns that reduce the need to travel by car); and 26.01 (police services response time performance standard). 2. The General Plan Amendment will not adversely affect the preservation of present aesthetics and other community qualities. 3. The General Plan Amendment will not adversely affect the Town's ability to maintain high - quality public facilities and services. 4. The General Plan Amendment will not adversely affect the quality of life within existing developed areas of the community because the community around the project is developed with a mix of uses, including directly proximate residential uses. 5. The General Plan Amendment will not adversely affect the harmony between Danville's development and its physical setting. Preliminary Development Plan - Rezoning/ Final Development Plan Requests: 1. The proposed Rezoning is in substantial conformance with the goals and policies of the Danville 2010 General Plan. 2. The uses authorized or proposed in the land use district are compatible within the district and to uses authorized in adjacent districts. 3. Community need has been demonstrated for the uses authorized or proposed. Major Subdivision Request: 1. The proposed subdivision is in substantial conformance with the goals and policies of the Danville 2010 General Plan. 2. The design of the proposed subdivision is in substantial conformance with the applicable zoning regulations. PAGE 3 OF RESOLUTION 126 -2010 3. The design of the subdivision and the type of associated improvements will not likely cause serious public health problems because, in part, water and sanitary facilities services will be available to the project. 4. The density of the subdivision is physically suitable for the site and for the surrounding area. 5. The design of the proposed subdivision and improvements are not likely to cause substantial environmental damage or subsequently injure fish or wildlife or their habitat since this property is in an area where development has previously occurred. 6. The design of the proposed subdivision and proposed improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. CONDITIONS OF APPROVAL Conditions of approval with an asterisk ( "') in the left -hand column are standard project conditions of approval. Conditions of approval typed in italicized text are mitigation measures derived from the Mitigated Negative Declaration of Environmental Significance prepared for the project. Unless otherwise specified, the following conditions shall be complied with prior to the Town Council approval of the initial final map for the project. Each item is subject to review and approval by the Planning Division unless otherwise specified. A. GENERAL 1. This approval is for General Plan Amendment LEG10 -0003, Preliminary Development Plan - Rezoning request LEG10 -0002, Final Development Plan request DEV10 -0041, and Major Subdivision request SD 9287 to allow the subdivision of the 0.80 +/- acre site into seven lots and construct seven single - family residences. 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 and Preliminary Grading and Drainage Plan consisting of two sheets, as prepared by Debolt Civil Engineering, and dated October 6, 2010. PAGE 4 OF RESOLUTION 126 -2010 b. Preliminary Architecture and Landscape, consisting of ten sheets, as prepared by Dahlin Group, dated May 14, 2010 c. Stormwater Control Plan consisting of eleven sheets and associated appendices, as prepared by Debolt Civil Engineering, dated September 22, 2010. 2. All Town and other related fees that the property may be subject to shall be paid by the applicant. These fees shall be based on the current fee schedule in effect at the time the relevant permits are secured, and shall be paid prior to issuance of said permit and prior to any Town Council final approval action. Preliminary fee calculations are as follows: a. Map Check Fee - $ 3,796.00 b. Improvement Plan Check Fee - 3% of cost estimate c. Engineering Inspection Fee - 5% of cost estimate d. Street Lighting - $125.00 e. Grading Permit, Plan Check & Inspection Fee -TBD f. Excavation Mitigation Fee (Flood Control) - $3010.00 +/- g. Park Land in Lieu Fee - $62, 081.00 h. Base Map Revision Fee - $ 765.00 The following fees are due at building permit issuance for the above mentioned project: a. Child Care Facilities Fee -$ 335/ unit b. Storm Water Pollution Program fee - $ 48/ unit c. SCC Regional Fee - $1,175.00 d. SCC Sub - Regional Fee - $3,243.00 e. Residential TIP Fee - $ 2,000/ unit f. Tri- Valley Transportation Fee - $2,170.00 /unit g. Finish Grading Inspection Fee - $71 /unit 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 $232.84 (74 notices X $0.83 per notice x 2 notices plus one 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 particularly as referenced in the memorandum PAGE 5 OF RESOLUTION 126 -2010 dated August 23, 2010 from the SRVFPD. 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. * 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 and /or the Society of Professional Archeology, shall be notified. Site work in this area shall not occur until the archeologist has had an opportunity to evaluate the significance of the find and to outline appropriate mitigation 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, and lists the name and contact person for the overall project manager and all contractors and sub - contractors working on the job. * 8. 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. * 9. The developer shall require their contractors and subcontractors to fit all internal combustion engines with mufflers, which are in good condition, and to locate stationary noise - generating equipment as far away from existing residences as feasible. * 10. 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 PAGE 6 OF RESOLUTION 126 -2010 shall be discontinued during high wind periods. * 11. 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. * 12. 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. 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. 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. Any on -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. 4. Future additions or modifications to the approved plans shall be reviewed by the Planning Division under a separate Development Plan. The setbacks shown on the approved plans are intended to be the minimum allowable setback requirements. PAGE 7 OF RESOLUTION 126 -2010 C. LANDSCAPING * 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 Planning Division and 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. Specific attention shall be paid to the review of landscaping materials in the underpinning area of the residences. 2. The landscape plan for all C.3. facilities shall be substantially consistent with the recommendations contained in the C.3 Guidebook, including plant materials, soil and irrigation details. Irrigation for all the C.3 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. 6. 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. PAGE 8 OF RESOLUTION 126 -2010 7. The existing chain -link fence which borders the Town's neighboring Maintenance Service Center shall be replaced with a masonry (or similar) wall to alleviate noise and dust concerns. Final design of the subject wall shall be subject to review and approval by the Town Planning and Engineering Division, as well as the Design Review Board. 8. The common property line between Lots 3 and 4, and Lots 2 and 5 shall be graded to maximum of 3:1 slope so that healthy landscape may be established and maintained and so that the area can convey overland storm runoff to the biofiltration areas near Tassajara Lane. 9. A revocable license agreement shall be recorded and executed by the homeowners association and the Town obligating the homeowner's association to perform maintenance of any developer - installed landscaping and irrigation on Town -owned land bounded by the subdivision's eastern property line and the existing curb and fencing near the rear gate at the Town's Maintenance Service Center. The agreement shall indemnify the Town of Danville for any liability associated with the maintenance activity and shall be subject to final review and approval by the Town Manger and City Attorney. D. ARCHITECTURE * 1. All ducts, meters, air conditioning and/or any other mechanical equipment whether on the structure or on the ground shall be effectively screened from view with landscaping or materials architecturally compatible with the main structures. * 2. 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. Final plans shall be submitted to the Planning Division for design review concurrent or prior to, the developer initiating the Building Division plan check process. Design Review Board shall be provided appropriate cross - sections which analyze the slope between buildings in Plan 1 -B, Plan 1 -3, Plan 2, and Plan 3. PAGE 9 OF RESOLUTION 126 -2010 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 prohibit the use of portable storage sheds and specifically disallow construction in the underpinning areas of the residences. 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. E. TRAFFIC /PARKING 1. On- street parking shall be restricted along the east side of Tassajara Lane for a distance of approximately 70 feet, from Camino Tassajara intersection northward to the first access driveway of the subdivision. Parking restriction shall be identified via two R28 (NO PARKING) signs. F. GRADING/ ENGINEERING * 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. PAGE 10 OF RESOLUTION 126 -2010 * 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 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 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. PAGE 11 OF RESOLUTION 126 -2010 * 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. 11. The boundary of the existing easements for Street and Utility Purposes and for Landscape and Access (Series No. 96- 235213) shall coincide with the location of the lot line separating Parcel A from Parcel B and Lot 1 from Parcel B. The masonry sound wall shall be constructed on this common property boundary in the alignment shown, or in an alignment otherwise approved by the Town Planning and Engineering Divisions. The wall shall be designed to match, to the greatest extent practical, the existing walls along Camino Tassajara. The Town will accept maintenance responsibility for the structural integrity of the wall and for aesthetics of the surface of the wall that faces Camino Tassajara. The homeowners association shall be obligated to maintain the surface of the wall facing the subdivision improvements. 12. All driveway approaches and public sidewalks shall be constructed in accordance with Town of Danville Standard Plans 107 and 110. All curb ramps shall be constructed according to Caltrans Revised Standard Plan RSPA88A. Any new street lights shall be per Holophane Drawing TSG000434 and specification sheet US1592. The masonry wall along the Camino Tassajara frontage shall be constructed to match other walls along the roadway corridor with final design subject to review and approval by the Town's Planning Division and Engineering Division. 13. Because the grading work involves moving more than 100 cubic yards of soil, the applicant must obtain a Grading Permit in conformance with Municipal Code Chapter 19. A plan showing appropriate erosion and sediment control measures shall accompany any plans developed in support of the Grading Permit, subject to the review and approval of the Town. The applicant is responsible for payment of all fees according to the schedule in effect at the time the permit is issued. PAGE 12 OF RESOLUTION 126 -2010 G. STREETS * 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. This shall also include pavement repairs and an asphalt concrete overlay of Tassajara Lane as bounded by Camino Tassajara and the prolongation of the subdivision's northeast property line to the center of Tassajara Lane. * 5. All improvements within the public right -of -way, including curb, gutter, sidewalks, driveways, paving and utilities, shall be constructed by the developer 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. H. INFRASTRUCTURE * 1. Domestic water supply shall be from an existing public water system. Water supply service shall be from the East Bay Municipal Utility District 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. PAGE 13 OF RESOLUTION 126 -2010 * 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 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. * 11. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. PAGE 14 OF RESOLUTION 126 -2010 I. CLEAN WATER /STORMWATER 1. The proposed project shall conform to the Toum's Stormzater 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 u7astes and debris, painting, concrete operations, dezvatering operations, pavement operations, vehicl %quipment 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 imll 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 znith 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 126 -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 C.3. Stormwater Plan. • Inspect drain rock and imported specified soil per the C.3. 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 C.3. 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. 5. The online calculator needs to be re- calculated to include DMA areas for the self- retaining areas including IMP -6. In the final grading and improvement plans for the project, the elevation for the drain inlets for all self- retaining areas should be set three inches above grade and the grade surrounding them should be as flat as possible. Downspouts or run -off from impervious areas shall not drain into these self- retaining areas. 6. The rear yards for units 4 and 5 should be included in the DMA Areas of the buildings they abut. The design and grading of the above -grade flows into the IMPs require further design details subject to review and approval by the Engineering Division at the final improvement plan stage. These plans shall also be integrated into the final landscape plan for the project. PAGE 16 OF RESOLUTION 126 -2010 7. The size and dimension of all the IMPs require additional review at the final plan stage to properly determine whether the size and capacity will function properly for the design. Specifically the drainage area for IMP -4 may need to be reduced or re- directed. J 8. All inlets to the proposed IMPs shall be designed with rock aprons. The final design details for these basins shall be subject to review and approval by the Engineering Division at the final plan stage to ensure the stepped design accounts for proper flow, capacity and infiltration. 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. * 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 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, pedestrian ways, common landscape areas (including C.3. treatment facilities), common fencing, retaining walls, mailbox structures, entry signs, parking areas, common drainage facilities and any project installed off -site landscaping. Project CC &Rs shall also include language which requires residents to keep their garages clear so that two cars may PAGE 17 OF RESOLUTION 126 -2010 be parked in the enclosed spaces at all times to ensure minimal overflow to surface and street parking. 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. * 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. The preliminary project signage shown in the architectural elevations is not approved as part of this action. Future project signage maintenance shall be the responsibility of the homeowners association. 8. The Town Maintenance Service Center borders the subject property to the north. The existing activity on the site generates noise and dust that could be considered a nuisance by future homeowners. A disclosure shall be recorded against each residential lot to inform homeowners about the potential for noise, dust, and similar nuisance from the Town's Maintenance Service Center prior to final inspection. The language of the disclosure shall be subject to review and approval by the Town Planning Division. 9. Every effort shall be made to accommodate additional on -site guest parking. The applicant shall study the site for additional guest parking opportunities, particularly at the grouping of three guest parking spaces at the southeast corner of the site, prior to returning to Design Review Board for final review and approval of construction drawings. The final guest parking design shall be subject to review and approval by the Design Review Board prior to issuance of Building Permits. PAGE 18 OF RESOLUTION 126 -2010 APPROVED by the Danville Town Council at a regular meeting on November 16, 2010, by the following vote: AYES Doyle, Andersen, Arnerich, Stepper, Storer NOES: None ABSTAINED: None ABSENT: None tAYO�R APPROVED AS TO FORM: CITY ATTORNEY ATTEST: CITY CLERK PAGE 19 OF RESOLUTION 126 -2010