HomeMy WebLinkAbout067-2011RESOLUTION NO. 67-2011
CERTIFYING A FINAL ENVIRONMENTAL IMPACT REPORT, ADOPTING
MITIGATION MEASURES AND A MITIGATION MONITORING AND
REPORTING PROGRAM, APPROVING FINAL DEVELOPMENT
PLAN - MAJOR SUBDIVISION REQUEST SD 8919, AND
TREE REMOVAL REQUEST TR 2006 -02
(APN: 196- 310 -007 THROUGH 196- 310 -036 - DAVIDON 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 -1; Planned Unit Development District and subdivide
the site into 22 single family residential lots and one remainder 3.7 +/- acre parcel; and
WHEREAS, Tree Removal request TR 2006 -02 would authorize the removal of 25
Town - protected trees (a total of 93 Town - protected and non - protected trees) as. part of
this project; and
WHEREAS, the approval for Preliminary Development Plan - Rezoning request (PUD
2004 -04) is contained within Town Council Ordinance No. 2011 -01; and
WHEREAS, the subject site is located at 333 Hill Road and is further identified as
Assessor's Parcel Numbers 196- 310 -007 through 196- 310 -036; and
WHEREAS, the Town of Danville P -1; Planned Unit Development District Ordinance
requires approval of a Preliminary Development Plan - Rezoning request prior to
approval of a Final Development Plan - Major Subdivision request; 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 approved by the Town
Council on April 17, 2007, and April 21, 2009; and
WHEREAS, subsequent to the April 2007 approval, a group calling themselves Citizens
for Civic Accountability (CCA) 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
finding that the Mitigated Negative Declaration was "properly issued" with respect to
all issues except that of tree removal and directed the Town to prepare 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, the Town prepared a Supplemental Initial Study addressing tree removal
and any associated cumulative impacts and a new .Mitigated Negative Declaration; and
WHEREAS, the Danville Town Council took action approving the revised Mitigated
Negative Declaration of Environmental Significance and the proposed project in April,
2009; and
WHEREAS, CCA filed an appeal of Judge Flinn s 2008 decision and in an unpublished
decision issued on October 14, 2009, the California Court of Appeal ruled that the Town
should have prepared an EIR rather than a mitigated negative declaration analyzing
these four areas: wetlands, riparian habitat, cumulative riparian impacts and aesthetics.
The Court of Appeal ruled that CCA had not established the need for an EIR on other
subjects. The case was then remanded back to the trial court to provide direction to the
Town on how to proceed; and
WHEREAS, on April 1, 2010, Judge Flinn issued a Final Judgment and Peremptory Writ
of Mandate requiring the Town and Davidon Homes to: set aside the April 2009
approvals; prepare an EIR "in accordance with the views expressed by the First District
Court of Appeal... "; consider the EIR and the proposed project "without regard" to the
recorded subdivision map; suspend all "project activities" (defined by the court as
physical activities on the site) until the Town considered the EIR and the proposed
project; and, Davidon Homes was enjoined from selling or transferring any of the lots
created by the recorded subdivision map unless and until the Town reapproves the
project; and
WHEREAS, in conformance with the requirements of the California Environmental
Quality Act (CEQA), a Final EIR has been prepared for the project. The Final EIR
identified one or more significant environmental effects and concluded that all such
impacts can be mitigated with "Mitigation Measures" to a less- than - significant level;
and
WHEREAS, pursuant to CEQA, including without limitation Section 15091 of the
CEQA Guidelines, prior to project approval for which an EIR has been certified, written
findings must be made for each significant effect identified in the EIR accompanied
with a brief explanation of the rationale for each finding. Exhibit A, attached to this
PAGE 2 OF RESOLUTION NO.. 67 -2011
Resolution and incorporated herein by this reference as if set forth in full, presents such
required findings ( "CEQA Findings of Fact ") for the Weber Residential Project; and
WHEREAS, pursuant to CEQA, including without limitation Section 15097 of the
CEQA Guidelines, a Mitigation Monitoring and Reporting Program (MMRP) has been
prepared, which outlines the procedures/ steps and requirements for implementing all
mitigation measures identified in the Final EIR. Exhibit B, attached to this Resolution
and incorporated herein by this reference as if set forth in full, presents the MMRP for
the Weber Residential Project; and
WHEREAS, the Final EIR and the development project were reviewed by the Danville
Planning Commission during a noticed public hearing on June 14, 2011. At that
meeting, the Planning Commission recommended that the Town Council Certify the
Final EIR, approve the Preliminary Development Plan - Rezoning request, approve
Final Development Plan - Major Subdivision, and approve Tree Removal permit on a
unanimous vote; and
WHEREAS, the Final EIR and the development project were reviewed by the Danville
Town Council during a noticed public hearing on July 5, 2011; and
WHEREAS, a staff report was submitted recommending that the Danville Town
Council approve the request; and
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 Final Environmental Impact Report, all
project studies and reports, letters submitted to the Town, and the descriptions and
explanations set forth in the staff report and attachments thereto, Certifies the Final
Environmental Impact Report, adopts mitigation measures and a mitigation monitoring
and reporting program, 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:
PAGE 3 OF RESOLUTION NO. 67-2011
FINDINGS
PRELIMINARY DEVELOPMENT PLAN - REZONING
1. The proposed Rezoning will substantially comply and is consistent 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). The P -1 zoning designation is defined in the
zoning ordinance as being appropriate for development of lands identified as
Special Concern Areas in the General Plan. The subject property is designated as
a Special Concern Area in the 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. The proposed infill
housing is an efficient development pattern consistent with surrounding
residential subdivisions and will add to existing infrastructure that services the
adjacent single family residential uses.
3. Community need has been demonstrated for the proposed residential use. As
required by state law and the Towns mandated housing element, 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. In addition, the
addition of a new public road connecting Blemer Road and Matadera Way will
improve vehicular circulation in the area, thereby reducing traffic congestion.
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 Concerns Areas
within the General Plan. The Special Concern Area language includes. the
requirement for a roadway connection between Blemer Road and Matadera Way,
a potential 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
PAGE 4 OF RESOLUTION NO. 67-2011
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 and is an appropriate zoning designation for
infill projects and lands designated as Special Concern Areas in the General Plan.
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 intersections 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 /Matadera Circle neighborhood would be insignificant given the
expected good operation of the Diablo Road /Matadera 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 +/-
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 Environmental Impact Report prepared for the
project found that, with implementation of recommended mitigation measures,
the project would have no significant negative impacts on the environment.
PAGE 5 OF RESOLUTION NO. 67-2011
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 potential 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 REMOVAL PERMIT
1. Necessi . The primary reason for removal of the 93 trees, including 25 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 associated student pick-up/drop-off area, and
to create transitions between project parcels and adjoining non - project parcels.
Alternative 2 in the Environmental Impact Report illustrates that the construction
of the new road and the pick-up/drop-off area, both of which will improve
traffic flow and safety in the area, cannot occur without removal of 21 Town-
protected trees.
2. Erosion /surface water flow Removal of the 25 Town - protected trees and 93
total trees would not cause significant soil erosion or cause a significant
diversion or increase in the flow of surface water.
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 93 trees, including 25 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.
PAGE 6 OF RESOLUTION NO. 67-2011
As documented within the Aesthetics section of the Environmental Impact
Report that was prepared for the project, the proposed project would not
substantially degrade the existing visual character of the project site. Specifically
regarding removal of the 93 trees, including 25 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.
Also, as documented with the Environmental Impact Report and shown on
Figure 4.2 -12a and 4.2 -12b, 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. 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.
CONDITIONS OF APPROVAL
Conditions of approval with an asterisk ( *) in the left -hand column are standard project
conditions of approval.
Conditions of approval typed in italicized text are mitigation measures derived from the
Environmental Impact Report prepared for the project and from mitigation measures
derived from the 2009 Initial Study and Mitigated Negative Declaration.
Unless otherwise specified, the following conditions shall be complied with prior to the
issuance of grading permits or building permits 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.
PAGE 7 OF RESOLUTION NO. 67-2011
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 -1; 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 25 Town - protected
trees. A total of 93 trees (including 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
November 2010) "Vesting Tentative Map, Preliminary Grading and
Utility Plan," (dated November 2010) "Preliminary and Final
Development Plan Vesting Tentative Map," (dated November 2010)
"Tree Preservation Plan," (dated November, 2010) and "Boundary
and Topographic Survey," (dated November, 2010) as prepared by
DK Associates.
b. Preliminary Landscape Plan, as prepared by Environmental
Foresight, Inc., dated November 2010.
C. Project architectural floor plans, elevations, sections, roof plans,
and details, as prepared by Bassenian Lagoni Architects, labeled
"Matadera," currently approved for construction by the Town of
Danville.
d. Stormwater Control Plan C.3. report dated October 4, 2007, as
prepared by DK Associates.
e. Final Environmental Impact Report for the Weber Residential
Development prepared for the Town of Danville by RBF
Consulting.
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
PAGE 8 OF RESOLUTION NO. 67-2011
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 June, 2011):
The following fees are due at building permit issuance for each single
family dwelling:
1. Child Care Facilities Fee ............................. $ 335.00/ unit
2. Storm Water Pollution Program Fee .......... $ 48.00/ unit
3. SCC Regional Fee ................ ..................... $1,175.00/ unit
4. Residential TIP Fee ......... ..............................$ 2,000 /unit
5. Tri- Valley Transportation Fee .................... $ 2,170 /unit
6. Finish Grading Inspection Fee .................... $ 71.00 /unit
3. Prior to the issuance of building permits, the applicant shall reimburse the
Town for notifying surrounding neighboring residents of the public
hearing. The fee shall be $1,584.00 (396 notices x $0.83 X 4 mailings, plus
$110.00).
* 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 711.4. The fee shall be $2,839.25. This check shall be made
payable to the California Department of Fish and Game. In addition, a
$50.00 processing fee shall be made payable to the Contra Costa County
Clerk's office. Both fees 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 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
PAGE 9 OF RESOLUTION NO. 67-2011
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 Y x 3'
sign at the project entry which specifies the allowable construction workdays and
hours, and lists the name and contact person for the overall project manager and
all contractors and sub - contractors working on the job.
* 8. The applicant shall provide security fencing, to the satisfaction of the City
Engineer 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. 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.
* 11. All physical improvements 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.
PAGE 10 OF RESOLUTION NO. 67-2011
* 12. Planning Division sign -off is required prior to final building inspection
sign -off by the Building Division.
13. 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. The
delivery of equipment and materials shall be scheduled to avoid the a.m.
peak traffic hour of 7:30 to 8:30 a.m.
14. 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 Divisions 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.
15. 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.
16. 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.
17. 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.
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.
PAGE 11 OF RESOLUTION NO. 67-2011
* 2. Any on -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. 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
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 materials and shall indicate
the size that various plant materials will achieve within a five -year period
of time.
* 2. All street tree plantings 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. 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 15- 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. 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.
5. The applicant shall provide for the planting of 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 18 -22
feet). The final landscape plan shall be subject to review and approval by
the Town. The height restriction for the landscape material shall be
recorded as a deed restriction to run with the title of these lots.
PAGE 12 OF RESOLUTION NO. 67-2011
D. BIOLOGICAL RESOURCES
1. Prior to grading within the approved limits of disturbance, a determination shall
be made as to whether grading is proposed during the burrowing owl breeding
season (February 15 through August 15). If grading is proposed during the
burrowing owl breeding season, a focused pre - construction survey for occupied
burrows shall be conducted by a qualified biologist. The survey shall take place
three to five days prior to grading. Vegetation removal (by whacking, bush
hogging, or mowing) shall be conducted, if necessary, to make all potential
burrows within the approved limits of disturbance more easily observed. Such
vegetation removal shall be monitored by the biologist to ensure that burrows (if
any) are not disturbed during the process. If burrows are detected and are
determined to be occupied by burrowing owls, passive relocation with the use of
one -way doors shall be implemented by the biologist in accordance with California
Department of Fish and Game mitigation protocols. When the biologist has
determined that the owls have vacated the active burrows, the biologist shall
carefully excavate said burrows to confirm they are empty and then fill them to
prevent reoccupation.
2. Prior to tree removal and grading within the development area, a determination
shall be made as to whether tree removal or grading is proposed during the
nesting seasons for both raptors and passerines protected by the Migratory Bird
Treaty Act (February 1 through August 31). If tree removal or grading is
proposed during this timeframe, a focused pre - construction tree survey for raptor
and passerine nests shall be conducted by a qualified biologist to identify active
nests within or adjacent to the development area. The survey shall be conducted
no less than 14 days, and no more than 30 days, prior to the beginning of tree
removal or grading. If nesting raptors or passerines are found during the focused
survey, no tree removal or grading shall occur within an appropriate distance
from an active nest (as determined by the biologist) until the young have fledged
and are no longer returning to the nest area (also to be determined by the qualified
biologist). The biologist shall supervise the placement of a temporary fence to
delineate the limits of the non - disturbance buffer. If impacts to nest trees are
unavoidable, they shall be removed outside the February through August
timeframe unless the biologist determines that the young have fledged and are no
longer returning to the nest area.
In addition, if active nesting is identified within the reach of Green Valley Creek
adjacent to the project site, no grading or construction activities shall occur
within an appropriate distance from the active nest(s) (as determined by the
biologist) until the young have fledged and are no longer returning to the nest
area (also to be determined by the biologist).
PAGE 13 OF RESOLUTION NO. 67-2011
3. A qualified biologist familiar with bat biology shall be engaged by the project
sponsor to survey the onsite horse barns and pump house prior to their demolition
to determine if any bats are roosting in these structures. If bats are found, the type
Of roost (maternity, night or day) shall be determined by the biologist who shall
direct the construction contractor to avoid the structure(s) that have active
maternity roosts. A temporary fence shall be placed at a minimum distance of 100
feet from the outer wall of the structure(s) or as recommended by CDFG.
Entrances to day roosts, night roosts and inactive maternity roosts, after fledging,
shall be blocked to allow bats to leave but not return. Building demolition shall
only begin when roost locations are determined to be unoccupied by the biologist.
Once demolition is initiated, it shall be completed within one or two days for each
structure to prevent bats from injury should they return to roost.
4. The following measures shall be incorporated into the project construction
documents and specifications, and implemented by the contractor, to avoid
potential construction- related impacts to Green Valley Creek outside of the
approved disturbance limits: (1) construction worker training shall be provided
by a qualified biologist at the first pre- construction meeting, (2) exclusionary
fencing shall be erected near the top of the creek bank adjacent to the work zone to
prevent accidental or unauthorized intrusions during construction; (3) no
equipment shall be operated in areas of flowing water; (4) construction staging
areas for storage of materials and heavy equipment, and fueling, cleaning, or
maintenance of construction vehicles or equipment, shall be prohibited within 20
feet of the top of the bank of Green Valley Creek; and (5) Best Management
Practices (BMPs) shall be implemented in accordance with a Storm Water
Pollution Prevention Plan (SWPPP) as required under the California General
Construction Storm Water Permit pursuant to SWQCB and RWQCB
regulations.
5. It is currently estimated that the total diameter of all of the trees to be
removed as part of this project is 404 inches. The project plans referenced
under Condition of Approval A.1.a. above show a total of 77 replacement
trees to be planted on -site, totaling approximately 158 inches in diameter.
The remaining off -site replacement trees, totaling 246 inches in diameter,
shall be planted in a location(s) subject to approval by the Town. In
reviewing off -site tree planting locations, preference shall be given to
public lands within the Town such as parks, schools, creek, or roadside
areas. If sufficient areas for tree planting within these area cannot be
found, the Town may allow the planting of off -site trees in other areas, or
may allow that the cost of the plantings be applied to a recognized off -site
planting or restoration program such as Save Mount Diablo's Irish
Canyon oak woodland restoration project. All trees shall be planted prior
PAGE 14 OF RESOLUTION NO. 67-2011
to occupancy of the last home in the project. In addition, any trees planted
by the developers in the rear yard areas of Lots 10,11,12, and 13 for visual
mitigation for the existing homes on San Gregorio Court may be counted
toward the total diameter of mitigation planting on an inch for inch basis.
6. The tree preservation guidelines established in the tree survey /arborist 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.
7. A security, deposit in the amount of the assessed value of the Town - protected
tree(s) for which development is proposed to occur within the dripline, (calculated
pursuant to the Town's Tree Protection Ordinance) shall be posted with the Town
prior to the issuance of a grading permit or building permit to maximize the
probability that the affected trees will be retained in good health. The applicant
shall be required to secure an appraisal of the condition and value of all affected
trees. The appraisal shall be done in accordance with the then current addition of
the "Guide for Establishing Values of Tree and Other Plants," by the Council of
Tree and Landscape Appraisers under the auspices of the International Society of
Arboriculture. The appraisal shall be performed by a Certified Arborist, and shall
be subject to review and approval by the Chief of Planning. A tree preservation
agreement shall be prepared that outlines the intended and allowed use of funds
posted as a tree preservation security deposit. That portion of the security deposit
still held by the Town two full growing seasons after project completion shall be
returned upon verification that the trees covered by the deposit are as healthy as
can be provided for under the terms of the tree preservation agreement.
E. 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. 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.
PAGE 15 OF RESOLUTION NO. 67-2011
F. PARKING
* 1. Regulatory signage /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.
G. GRADING
* 1. Any grading on adjacent properties will require prior written approval of
those property owners affected.
* 2. At least one week prior to commencement of grading, the applicant shall
post the site and mail to the owners of property within 300 feet of the
exterior boundary of the project site, to the homeowner associations of
nearby residential projects and to the Town of Danville Development
Services Department, a notice that construction work will commence. The
notice shall include a list of contact persons with name, title, phone
number and area of responsibility. The person responsible for maintaining
the list shall be included. The list shall be kept current at all times and
shall consist of persons with authority to initiate corrective action in their
area of responsibility. The names of individuals responsible for dust, noise
and litter control shall be expressly identified in the notice.
* 3. Development shall be completed in compliance with a detailed soils
report and the construction grading plans prepared for this project. The
engineering recommendations outlined in the project specific soils report
shall be incorporated into the design of this project. The report shall
include specific recommendations for foundation design of the proposed
buildings and shall be subject to review and approval by the Town's
Engineering and Planning Divisions.
* 4. Where soils or geologic conditions encountered in grading operations are
different from that anticipated in the soil report, a revised soils report
shall be submitted for review and approval by the City Engineer. It shall
be accompanied by an engineering and geological opinion as to the safety
of the site from settlement and seismic activity.
* 5. All development shall take place in compliance with the Town Erosion
Control Ordinance (Ord. 91 -25). Restrictions include limiting earth
disturbing construction primarily to the dry months of the year (May
through October). If all or part of the construction does occur during the
PAGE 16 OF RESOLUTION NO. 67-2011
rainy season, the developer shall submit an Erosion Control Plan to the
City Engineer for review and approval. This plan shall incorporate
erosion control devices such as, the use of sediment traps, silt fencing, pad
berming and other techniques to minimize erosion.
* 6. All grading activity shall address National Pollutant Discharge
Elimination System (NPDES) concerns. Specific measures to control
sediment runoff, construction pollution and other potential construction
contamination shall be addressed through the Erosion Control Plan
(ECP) and Storm Water Pollution Prevention Plan (SWPPP). The SWPPP
shall supplement the Erosion Control Plan and project improvement
plans. These documents shall also be kept on -site while the project is
under construction. A NPDES construction permit may be required, as
determined by the City Engineer.
* 7. All new development shall be consistent with modern design for
resistance to seismic forces. All new development shall be in accordance
with the Uniform Building Code and Town of Danville Ordinances.
* 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 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.
PAGE 17 OF RESOLUTION NO. 67-2011
H. STREETS
* 1. The applicant shall obtain an encroachment permit from the Engineering
Division prior to commencing any construction activities within any
public right -of -way or easement.
* 2. Street signing shall be installed by the applicant as may be required by the
City Engineer. Traffic signs and parking restriction signs, which may be
required to be installed, shall be subject to review and approval by the
Transportation Division and the Police Department.
* 3. All mud or dirt carried off the construction site onto adjacent streets shall
be swept each day. Water flushing of site debris or sediment or concrete
washing is expressly prohibited.
* 4. Any damage to street improvements now existing or done during
construction on or adjacent to the subject property shall be repaired to the
satisfaction of the City Engineer, at full expense to the applicant. This
shall include slurry seal, overlay or street reconstruction if deemed
warranted by the City Engineer.
* 5. All improvements within the public right -of -way, including curb, gutter,
sidewalks, driveways, paving and utilities, shall be constructed in
accordance with approved standards and/or plans and shall comply with
the standard plans and specifications of the Development Services
Department and Chapters XII and XXXI of the Town Code. At the time
project improvement plans are submitted, the applicant shall supply to
the City Engineer an up -to -date title report for the subject property.
* 6. Handicapped ramps shall be provided and located as required by the City
Engineer.
* 7. Public streets shall be improved to the standards in #G.S. 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
104a &b.
8. The developer shall install three vertical deflection devices (speed humps),
along Weber Lane at locations designated by the Transportation Division.
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.
PAGE 18 OF RESOLUTION NO. 67-2011
9. The developer shall be required to install stop signs at the thr ee -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 El Quanito Drive shall be installed subject to determination
of need through the Town's Neighborhood Transportation Management
Program.
13. 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. The timing of the
construction of the drop- off /pick -up /turn around area shall be subject to
review and approval by the Town as part of an overall phasing plan.
14. 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
Towri s Transportation Department.
15. The applicant shall be required to install a five foot wide sidewalk
(measured from the face -of -curb to the back -of- sidewalk) along the
project's Matadera Way street frontage.
PAGE 19 OF RESOLUTION NO. 67-2011
16. The applicant shall be required to install a five foot wide sidewalk
(measured from the face -of -curb to the back -of- sidewalk) along the east
side of Weber Lane in the front of the five homes located just south of
Blemer Road (Lots 18 through 22).
I. 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.
* 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.
* 6. Roof drainage from structures shall be collected via a closed pipe and
conveyed to an approved storm drainage facility in the street curb. No
concentrated drainage shall be permitted to surface flow across sidewalks.
* 7. Any portion of the drainage system that conveys runoff from public
streets shall be installed within a dedicated drainage easement, or public
street.
* 8. If a storm drain must cross a lot, or be in an easement between lots, the
easement shall be equal to or at least double the depth of the storm drain.
PAGE 20 OF RESOLUTION NO. 67-2011
* 9. The applicant shall furnish proof to the City Engineer of the acquisition of
all necessary rights of entry, permits and /or easements for the
construction of off -site temporary or permanent road and drainage
improvements.
* 10. All new utilities required to serve the development shall be installed
underground in accordance with the Town policies and existing
ordinances. All utilities shall be located and provided within public utility
easements, sited to meet utility company standards, or in public streets.
*
11. 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.
* 12. All street, drainage or grading improvement plans shall be prepared by a
licensed civil engineer.
J. MISCELLANEOUS
* 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.
* 2. Pursuant to Government Code section 66474.9, the applicant (including
the applicant 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's
approval concerning this application, which action is brought within the
time period provided for in Section 66499.37. The Town will promptly
notify the applicant of any such claim, action or proceeding and cooperate
fully in the defense.
PAGE 21 OF RESOLUTION NO. 67-2011
3. 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. At the developer's discretion, the
HOA may be expanded to include the homes within the adjacent O'Brien
subdivision.
* 4. 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.
5. The proposed project shall conform to the Towns 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.
6. 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. 67-2011
* 7. 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.
8. The project shall conform to the Regional Water Quality Control Board
post- construction C.3 regulations in place at the time that the application
was deemed complete and 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' 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 Towri 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. 67-2011
the preparation of Stormwater BMP Operation and Maintenance
Plans are in Appendix F of the Towns Stormwater C.3 Guidebook.
9. The project shall conform to the Towns 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 Towns 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 Towns Second Dwelling Unit Ordinance.
APPROVED by the Danville Town Council at a regular meeting on July 5, 2011, by the
following vote:
AYES Stepper, Andersen, Arnerich, Doyle, Storer
NOES:
None
ABSTAIN:
None
ABSENT:
None
� gi 4i 44-
� - tk , v 1; � /-, � N O
•
APPROVED AS TO FORM:
— T44�ea
CITY ATTORNEY
PAGE 24 OF RESOLUTION NO. 67-2011