HomeMy WebLinkAbout044-2013RESOLUTION NO. 44 -2013
DENYING THE APPEAL, OVERTURNING THE PLANNING COMMISSION
DECISION OF MARCH 26, 2013 AND ADOPTING A MITIGATED NEGATIVE
DECLARATION OF ENVIRONMENTAL SIGNIFICANCE, APPROVING MINOR
SUBDIVISION REQUEST MS851 -2011 AND VARIANCE REQUEST
VARI I -0003 AT 1 OHLSON LANE
(APN: 200 - 220 -017 — OHLSON)
WHEREAS, Thomas and Gloria Ohlson (OWNER) and DeBolt Civil Engineering
(APPLICANT) have requested approval of a Minor Subdivision request to subdivide an existing
2.49 +/- acre parcel into two single family residential parcels, resulting in one additional parcel;
and
WHEREAS, While both parcels would have gross square footages that meet the minimum lot
size requirements, a variance request is required to allow Parcel A to have a net area of 36,318+/ -
square feet where 40,000 square feet is required and Parcel B to have a net area of 61,447+/ -
square feet where 65,000 square feet is required, due to a shared access driveway; and
WHEREAS, the subject property is located at 1 Ohlson Lane, APN: 200 - 220 -017, and
WHEREAS, the Town's Subdivision Ordinance requires approval of a Minor Subdivision
request prior to recordation of a Parcel Map; and
WHEREAS, the Town's Single Family Residential District Ordinance requires approval of
Variance application to allow any reduction in minimum required development standards; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing on
March 26, 2013; and
WHEREAS, the Planning Commission adopted a Mitigated Negative Declaration of
Environmental Significance, approved Minor Subdivision MS 851 -2011, and denied Variance
VARI1 -0003: and
WHEREAS, an appeal was filed by neighboring property owners to overturn the Planning
Commission decision in its entirety in order to deny the application in its entirety; and
WHEREAS, the Town Council reviewed the appeal and the project proposal at a noticed public
hearing on May 7, 2013; and
WHEREAS, the public notice of this hearing was given in all respects as required by law; and
WHEREAS, a staff report was submitted recommending that the'Ibwn Council deny the appeal,
overturn the Planning Commission decision, and approve the requests MS 851 -2011 and
VAR] 1 -0003; and
PAGE 1 OF RESOLUTION NO. 44 -2013
WHEREAS, the "Requested Conditions" of merit and significance presented on Pages 8 and 9
of the Appellant's letter of appeal (included as Attachment C of the Administrative Staff Report
dated May 7, 2013 for this project) will be adequately and appropriately addressed by the
Conditions of Approval imposed on the project by Town Council Resolution No. 44 -2013, as
modified by the Town Council on May 7, 2013, with the pertinent "Requested Conditions"
addressed as follows:
• Point 91 (pertaining to " improvements, repairs, modifications to Ohlson Lane ") to be
adequately addressed through Condition of Approval (COA) #F.3.
• Point #2 (seeking to "restrict or mitigate the impacts of grading for landscaping, pool
construction, etc. ") to be adequately addressed by COA #17.3.
• Points 93 and #8— as pertains to the 1 Ohlson Lane property - (seeking to assure provision
of "sufficient drainage and storm water provisions ") to be adequately addressed by COAs
#H.4. through #H.9..
• Point #4 — as pertains to the 1 Ohlson Lane property - (seeking to assure compliance with
"refined design standards addressing grading, landscaping, building color and materials,
building massing and height restrictions ") to be adequately addressed by COA #D.3.(a)
through (e).
• Point #5 — as pertains to the 1 Ohlson Lane property - (seeking to "address privacy issues
related to neighbors ") to be adequately addressed by COA 4D.3.(c).
• Point 47 (seeking an update of a modified road maintenance agreement for Ohlson Lane)
to be adequately addressed by COA #13.4.
• Point #9 (seeking acknowledgement that Ohlson Lane is a private roadway facility not a
public street) to be adequately addressed by modified heading for Section F of the COAs
( "Streets" changed to "Private or Public Streets ") and by final language for COAs #H.1.
through #H.3., and COA #G.7.
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 adopts the Mitigated Negative Declaration of
Environmental Significance and approves Minor Subdivision request MS851 -2011 and Variance
request VARI 1 -0003 and makes the following findings in support of this action:
PAGE 2 OF RESOLUTION NO. 44 -2013
FINDINGS OF APPROVAL
Minor Subdivision
The proposed subdivision is in substantial conformance with the goals and policies of the
Danville 2030 General Plan.
2. The design of the proposed subdivision is in substantial conformance with the applicable
zoning regulations.
3. The design of the subdivision and the type of associated improvements will not likely
cause serious public health problems because water and sanitary facilities services will be
available to the new parcel.
4. The density of the subdivision is physically suitable for the proposed density of the
development.
5. The design of the proposed subdivision and improvements are not likely to cause
substantial environmental damage or subsequently injure fish or wildlife or their habitat
since this property is in an area where residential 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.
Variance
This variance does not constitute a grant of special privilege inconsistent with the
limitations on other properties in the area and the R -40; Single Family Residential
District and the R -65; Single Family Residential District in which the subject property is
located.
2. Because of the following special circumstances applicable to this specific property, strict
application of the zoning regulations would deprive the subject property of rights enjoyed
by others in the general vicinity and /or located in the same zoning district:
a. A two parcel subdivision of the subject property could be accomplished without
the need for approval of a variance. However, the variance would allow for a
shared driveway which would reduce the overall amount of new impervious
surface area and associated stormwater runoff. The gross square footages of the
subdivided parcels would meet the minimum lot size requirements for their
respective zoning districts and the parcels would have an average of 1.25 - -/- acres
per unit, which exceeds the one unit per acre standard established under the
Residential — Country Estates General Plan land use designation.
b. There are existing lots within the adjacent area that are less than one acre in net or
gross area. The size of the new subject parcels would be in character with the
existing surrounding lots within the same zoning district.
PAGE 3 OF RESOLUTION NO. 44 -2013
3. This variance is in substantial conformance with the intent and purpose of the R -40;
Single Family Residential District and the R -65; Single Family Residential District in
which the subject property is located since the variance will allow for a two parcel minor
subdivision that is consistent with the development pattern of the neighborhood.
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
issuance of a grading or building permit, whichever occurs first. Each item is subject to review
and approval by the Planning Division unless otherwise specified.
A. GENERAL
1. This approval is for a Minor Subdivision request to subdivide an existing 2.49 - -/-
acre parcel into two single family residential parcels, resulting in one additional
parcel. While both parcels would have gross square footages that meet the
minimum lot size requirements, a Variance request is required to allow Parcel A
to have a net area of 36,318 + /- square feet where 40,000 square feet is required
and Parcel B to have a net area of 61,447 + /- square feet where 65,000 square feet
is required, due to a shared access driveway. Development shall be substantially
as shown on the project drawings as follows, except as may be modified by
conditions contained herein;
a. Vesting Tentative Map and Storm Water Management Plan as prepared by
DeBolt Civil Engineering, consisting of two sheets, dated received by the
Planning Division on January 30, 2013.
b. Geotechnical Study labeled "Soil and Geologic Reconnaissance, Ohlson
Property," as prepared by ENGEO Incorporated on July 10, 1998 and
updated on April 21, 2011.
C. Stormwater Control Plan, as prepared by DeBolt Civil Engineering, dated
February, 2013.
d. The Vesting Tentative Map shall be revised during the final map stage as
follows: the access easement shall be reduced and limited to the minimum
area required to provide access to Parcel B across the southeast portion of
Parcel A to allow a functional shared driveway to meet Fire District
requirements and to preserve existing trees.
* 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
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The following fees are due at building permit issuance for the above - mentioned
project:
3. Prior to the issuance of grading or building permits, whichever occurs first, the
applicant shall reimburse the "Town for notifying surrounding residents of the
public hearing. The fee shall be $165.65 ($120 plus 55 notices X $.83 per notice).
4. Prior to the issuance of grading or building permits, the applicant shall submit
written documentation that all requirements of the San Ramon Valley Fire
Protection District (SRVFPD) and the San Ramon Valley Unified School District
have been, or will be, met to the satisfaction of these respective agencies.
5. The applicant shall submit to the Town of Danville fees required to file a Notice
of Determination for this project as required by AB 3185. The fee shall be
$2,156.25. This check shall be made payable to the Contra Costa County Clerk's
Office and shall be submitted to the Town within five days of project approval.
The applicant shall also submit within five days of project approval a separate
check in the amount of $50.00 made payable to the Contra Costa County Clerk's
Office as required to cover the County's processing fee.
6. In the event that subsurface archeological remains are discovered during any
construction or preconstruction 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
PAGE 5 OF RESOLUTION NO. 44 -2013
said permit and prior to any Town Council final approval action. The following
fees are due at final map approval for the above - mentioned project:
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 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. (Monday through Friday), unless otherwise approved in
writing by the City Engineer for general construction activity and the Chief
Building Official for building construction activity. Prior to any construction
work on the site, including grading, the applicant shall install a minimum 3'0'
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 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 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 new
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.
* 12. The applicant shall submit a written Compliance Report detailing how the
conditions of approval for this project have been complied with as part of the
initial submittal for the final map, plan check, and /or building permit review
process (whichever occurs first). This report shall list each condition of approval
followed by a description of what the applicant has provided as evidence of
compliance with that condition. The applicant must sign the report. The report is
subject to review and approval by the City Engineer and /or Chief of Planning
and /or Chief Building Official, and may be rejected by the Town if it is not
comprehensive with respect to the applicable conditions of approval.
PAGE 6 OF RESOLUTION NO. 44 -2013
* 13. Planning Division sign -off is required prior to final Building Inspection sign -off.
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 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. Work performed to satisfy this condition of approval shall
include soil remediation as may be recommended by the Project Soils Engineer.
4. Upon approval and recordation of the new subdivision map, the roadway
maintenance agreement recorded as Series No. 84 -51445 on April 16, 1984 shall
be amended to segregate the maintenance responsibilities for Ohlson Lane (a
private road) among current properly owners who are party to the agreement, and
all future property owners within the boundaries of the subject minor subdivision.
Another similar road maintenance agreement for Ohlson Lane was recorded as
Series No. 92- 369824 on November 26, 1992, among the property owners within
MS855 -90. It would be advantageous for the two agreements to be combined into
one for the benefit of all property owners who utilize Olilson Lane for access to
their properties.
5. h1 accordance with Danville Municipal Code §31 -11.14 et seq., the applicant is
required to guarantee the installation of common area improvements that benefit
both created parcels. Said common area improvements shall include shared
portions of driveways and storm drain systems. The guarantee shall take the form
of a Subdivision Agreement and acceptable performance security. The applicant
is encouraged to read and understand the Municipal Code requirements associated
with this guarantee and be prepared to execute the agreement and provide the
performance security in advance of the approval of the final map.
C. LANDSCAPING
1. This approval does not authorize the removal of any Town - protected trees. A
security deposit in the amount of the assessed value of the Town- protected tree(s)
on the property (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
PAGE 7 OF RESOLUTION NO. 44 -2013
value of all affected trees. The appraisal shall be done in accordance with the
current edition of the "Guide for Establishing Values of Trees and Other Plants,"
by the Council of Tree and Landscape Appraisers under the auspices of the
International Society of Arboriculture. The appraisal shall be performed by a
Certified Arborist, and shall be subject to review and approval by the Chief of
Planning. A tree preservation agreement shall be prepared that outlines the
intended and allowed use of funds posted as a tree preservation security deposit.
That portion of the security deposit still held by the Town two full growing
seasons after project completion shall be returned upon verification that the trees
covered by the deposit are as healthy as can be provided for under the terms of the
tree preservation agreement. All grading or construction work in proximity to
Town - protected trees shall be supervised by a Certified Arborist.
2. Prior to the recordation of the Final Map, the applicant shall prepare for Town
approval an Operation and Maintenance Agreement and Plan for the subdivision.
These documents shall also be recorded prior to recordation of the Final Map.
3. The preservation of existing trees and /or additional tree planting shall occur to
mitigate privacy concerns between the subject property and the adjacent property
at 4 Ohlson Lane. Trees planted for privacy mitigation shall be a minimum 24"
box size.
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. Development of new homes on both parcels shall be subject to approval of a
Development Plan application by the Town's Planning Division, with the
following requirements:
(a) Building Mass The design of the primary residence shall minimize the
perception of excessive bulk. Structures constructed on slopes shall utilize
stepped foundations. Architecture shall include sufficient variation to
avoid large flat wall areas and to create shade and shadow. Two -story
vertical walls and long, uninterrupted roof ridgelines shall be avoided.
(b) Colors and materials The structure shall use natural and non- reflective
colors and materials.
(c) Landscaping To the extent feasible, the project shall provide for the
preservation of existing trees. Additional tree planting shall be provided to
PAGE 8 OF RESOLUTION NO. 44 -2013
mitigate privacy concerns between the subject property and the adjacent
property at 4 Ohlson Lane. Screening landscaping to be installed shall be
reflective of reasonable input secured from the property owner of the 4
Ohlson Lane property, as regards the location, number, and species of tree
planting provided as screening landscaping.
(d) Public notice requirement The receipt of the development plan
application shall be circulated to property owners within 750 feet for a
public comment period.
(e) Specified development activity area for Parcel B As part of the
development plan, the applicant shall identify a building envelope for
current and long -term development activity for Parcel B. A scenic
easement, which requires a specified area to be retained in its natural state,
shall be determined and recorded on the steepest portion of the slope at the
western area of Parcel B.
E. 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. A design level
geotechnical exploration report shall be required before the final design of any
residential unit or site improvement is developed to identify ways of mitigating
the colluvial deposits within the Swale area of the site, to resist potential
movement in expansive soils, and to design suitable foundations for any
structures.
* 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
PAGE 9 OF RESOLUTION NO. 44 -2013
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 /or Stormwater 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 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. The applicant 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.
PAGE 10 OF RESOLUTION NO. 44 -2013
12. 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 and security deposits according to the schedule in effect at the time the
permit is issued.
F. PRIVATE OR PUBLIC STREETS
1. Private and /or public street signage 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.
2. All mud or dirt carried off the construction site onto adjacent private or public
streets shall be swept each day. Water flushing of site debris or sediment or
concrete washing is expressly prohibited.
* 3. Any damage to private or public 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.
G. 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 the 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. 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 11 OF RESOLUTION NO. 44 -2013
* 6. 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.
* 7. All private or public street, drainage or grading improvement plans shall be
prepared by a licensed civil engineer.
H. MISCELLANEOUS
1. The project shall be constructed as approved. Minor modifications in the design,
but not the use, may be approved by staff. Any other change will require
Planning Division approval through the Development Plan review process.
* 2. Pursuant to Goverment 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.
* 3. As a part of the issuance of a demolition permit and/or building permit for the
project, the developer shall submit a recycling plan for building and construction
materials and the disposal of green waste generated from land clearing on the site.
Prior to obtaining framing inspection approval for the project, the applicant /owner
shall provide the Planning Division with written documentation (e.g. receipts or
records) indicating that waste materials created from the demolition of existing
buildings and the construction of new buildings were /are being recycled
according to their recycling plan or in an equivalent manner.
* 4. The proposed project shall conform to the Town's Stormwater Management and
Discharge Control Ordinance (Ord. No. 2004 -06) and all applicable construction
Best Management Practices (BMPs) for the site. For example, construction
BMPs may include, but are not limited to: the storage and handling of
construction materials, street cleaning, proper disposal of wastes and debris,
painting, concrete operations, dewatering operations, pavement operations,
vehicle /equipment cleaning, maintenance and fueling and stabilization of
construction entrances. Training of contractors on BMPs for construction
activities is a requirement of this permit. At the discretion of the City Engineer, a
Storm Water Pollution Prevention Plan (SWPPP) may be required for projects
under five acres.
* 5. Prior to commencement of any site work that will result in a land disturbance of
one (1) acre or more in area, the applicant /owner shall submit evidence to the
Town that the requirements for obtaining a State General Construction Permit
PAGE 12 OF RESOLUTION NO. 44 -2013
have been met. Such evidence may be the copy of a WDID number issued by the
State Water Resources Control Board in response to an application submitted via
their online SMARTS System by a qualified SWPPP developer. 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
401 Certification, and the California Department of Fish and Game's Streambank
Alteration Agreement have been or will be met. Such evidence might be a copy
of the permit(s) /agreement and /or a letter from the applicant/owner stating that the
above permit(s) are not required for the subject project.
* 6. The project shall conform to the Regional Water Quality Control Board post -
construction C.3 regulations which shall be designed and engineered to integrate
into the project's overall site, architectural, landscaping and unprovement plans.
These requirements are contained in the project's Stormwater Control Plan and
are to be implemented as follows:
a. Prior to issuance of permits for building, site improvements, or
landscaping, the permit application shall be consistent with the applicant's
approved Stormwater Control Plan and shall include drawings and
specifications necessary to implement all measures in the approved plan.
The permit application shall include a completed Construction Plan C.3
Checklist as described in the Town's Stormwater C.3 Guidebook.
b. 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, sell' retaining areas, treatment (Best Management
Practices) BMPs, permanent source control BMPs, and other features that
control stormwater flow and potential stormwater pollutants.
C. 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.
d. Prior to building permit final and issuance of a Certificate of Occupancy,
the applicant shall submit, for the Town's review and approval, a
Stormwater BMP Operation and Maintenance Plan in accordance with the
Town of Danville guidelines. Guidelines for the preparation of
Stormwater BMP Operation and Maintenance Plans are in the Town's
Stormwater C.3 Guidebook.
7. As part of this project, the applicant shall prepare and record an Operations and
Maintenance Agreement and Plan to ensure that the storm water pollution control
facilities are properly maintained and operated post construction. The hitegrated
PAGE 13 OF RESOLUTION NO. 44 -2013
Management Practices (IMP) proposed for the treatment areas shall be consistent
with the recommendations of the Contra Costa Clean Water Program.
8. A final Stormwater Control Plan shall be submitted for review and approval by
the Town prior to recordation of the parcel map.
9. Both IMP -1 & IMP -2 must have an unobstructed minimum four -foot width access
path, without a fence, from the access road in order to maintain and inspect the
facilities. These pathways must have an access easement allowing the Town of
Danville or its designee to inspect the facilities as necessary.
10. Future development of Parcel B shall meet all San Ramon Valley Fire Protection
District requirements, including the requirement to provide adequate water
supply, in compliance with the California Fire Code water storage requirements.
11. Portions of the driveway with slopes exceeding 15% shall be constructed with
grooved concrete.
12. 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.
13. The project proposes to discharge treated stormwater onto the north side of
Ohlson Lane at the eastern subdivision boundary where it will flow against the
existing curb to the downstream inlet located near the intersection of Ohlson Lane
and El Pintado Road. The applicant's engineer shall perform a hydraulic
calculation for review and approval by the City Engineer that demonstrates the
existing curb is sufficient in height to contain the 10 -year storm flows. If the curb
is insufficient in height, the curb shall be removed and replaced with a new curb
that has sufficient height.
f 7Y/7 Df �[I] y �iD[.Y17 /1Q10 [I]`►�►[17� Ic6�Ili[t3
APPROVED by the Danville Town Council at a regular meeting on May 7, 2013, by the
following vote:
AYES: Arnerich, Doyle, Morgan, Stepper, Store
NOES:
ABSTAINED: -
ABSENT: -
1ur:»WALI
APPROVED AS TO FORM: ATTEST:
CITY ATTORNEY
PAGE 15 OF RESOLUTION NO. 44 -2013