HomeMy WebLinkAbout060-2013RESOLUTION NO. 60-2013
CERTIFYING A FINAL ENVIRONMENTAL IMPACT REPORT AND ADOPTING
FINDINGS AND A STATEMENT OF OVERRIDING CONSIDERATIONS,
ADOPING MITIGATION MEASURES AND A MITIGATION
MONITORING AND REPORTING PROGRAM AND APPROVING
PRELIMINARY DEVELOPMENT PLAN - REZONING REQUEST
LEG10 -0004, MAJOR SUBDIVISION REQUEST DEV10 -0071,
FINAL DEVELOPMENT PLAN REQUEST DEV10 -0072
AND TREE REMOVAL REQUEST TR10 -0028
(APN: 202 - 050 -071, 073, 078, 079, 080, 202 - 100 -017, 019,
038,040,215-040-002 - SUMMERHILL HOMES)
WHEREAS, SUMMERHILL HOMES (Applicant) and Magee Investment Company &
Teardrop Partners, L.P (Owners) have requested approval of a Preliminary
Development Plan - Rezoning request (LEG10- 0004), Major Subdivision request
(DEV10- 0071), Final Development Plan request (DEV10- 0072), and Tree Removal
request TR10 -28, on a 410 +/- acre site; and
WHEREAS, the site is located on the south side of Diablo Road and Blackhawk Road
extending approximately two miles east from the intersection of Diablo Road /Green
Valley Road /McCauley Road; and
WHEREAS, the site is also identified as Assessor's Parcel Numbers 202 - 050 -071, 073,
078, 079, and 080; 202 - 100 -017, 019, 038, and 040, and 215 - 040 -002; and
WHEREAS, the Town deemed these applications complete on November 7,2010; and
WHEREAS, collectively, these approvals would: 1) rezone the property from A -4;
Agricultural Preserve District, A -2; General Agricultural District, and P -1; Planned Unit
Development District to P -1; Planned Unit Development District; 2) approve the
subdivision of the 410 +/- acre site to create 69 single family residential lots and
associated parcels; 3) authorize a minimum of 10% of the lots created to include a
second dwelling unit ( "casita "); 4) provide for architectural design and landscape
details for the development, and; 5) authorize the removal of 12 Town - protected trees (a
total of 56 trees would be removed as part of the project); 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 Major Subdivision and /or Final Development Plan request; and
WHEREAS, the Danville Tree Preservation Ordinance requires approval of a Tree
Removal permit prior to the removal of Town - protected trees; and
WHEREAS, the project's parkland dedication obligations have been satisfied through
the project's provision of adequate acreage of private and public open space and
recreational facilities; and
WHEREAS, the development applications were defined a "project" under the
California Environmental Quality Act (CEQA) and the Town of Danville determined
that preparation of an Environmental Impact Report (EIR) for the project would be
required; and
WHEREAS, the Town of Danville prepared and circulated a Notice of Preparation
(NOP) on November 17, 2010, for a 30 -day review period ending on December 6, 2010,
soliciting guidance from the public and interested agencies on the scope and content of
the EIR; and
WHEREAS, the NOP was sent to the California State Clearinghouse and the EIR was
assigned the Clearinghouse Number 240112042; and
WHEREAS, the Town of Danville held a publicly noticed scoping session on the EIR on
November 30,2010; and
WHEREAS, the Town of Danville subsequently completed a Draft Environmental
Impact Report (Draft EIR) in accordance with CEQA; and
WHEREAS, on November 29, 2012, the Draft EIR was released by the Town of Danville
to the public and interested agencies for a 60 -day review period, which exceeded the
CEQA mandated 45 -day review period, for commenting on a Draft EIR; and
WHEREAS, the public review period ended on January 28, 2013, and
WHEREAS, notice was mailed to more than 1,200 addresses advertising the availability
of the Draft EIR and a public hearing on the Draft EIR which occurred on January 28,
2013; and
WHEREAS, public comment was received by the Planning Commission at the January
28, 2013 hearing; and
WHEREAS, after preparation of the Draft EIR, on February 28, 2013, the applicant
revised its development plans to reduce the number of requested lots in the project
PAGE 2 OF RESOLUTION NO. 60-2013
from 70 to 69 by removing three custom lots and their associated access points along
Diablo Road and increased the open space area from 302 to 372 acres (two new lots
were added in the eastern portion of the project site); and
WHEREAS, the applications defined above along with all revisions are collectively
referred to as the "Project "; and
WHEREAS, the Town of Danville prepared a Draft Environmental Impact Report (EIR)
and a Final EIR (collectively, EIR) and released it to the public and interested agencies
on April 12, 2013; and
WHEREAS, on April 23, 2013, and May 14, 2013, the Danville Planning Commission
held public hearings to consider the EIR and the Project; and
WHEREAS, at the May 14, 2013, meeting, the Planning Commission approved
Resolution No. 2015 -05 recommending that the Town Council certify the EIR and adopt
findings and a Statement of Overriding Considerations and approve Preliminary
Development Plan - Rezoning request (LEG10- 0004), Major Subdivision request
(DEV10- 0071), Final Development Plan request (DEV10- 0072), and Tree Removal
request TR10 -28; and
WHEREAS, on June 18, 2013, the Danville Town Council held a public hearing to
consider the EIR and the Project; and
WHEREAS, a staff report was submitted recommending that the Town Council certify
the Final EIR, approve a Statement of Overriding Considerations, adopt mitigation
measures and a Mitigation Monitoring and Reporting Program and approve the Project;
and
WHEREAS, after the conclusion of the public hearings on the EIR and the Project, the
Town Council determined that the EIR has been prepared in compliance with CEQA;
and
WHEREAS, the Town Council reviewed and considered the information contained in
the EIR and the testimony presented at the public hearings prior to making a
recommendation on the Project; and
WHEREAS, the Town Council finds that the EIR reflects its independent judgment and
analysis; and
PAGE 3 OF RESOLUTION NO. 60-2013
WHEREAS, the Town Council finds that all feasible mitigation measures were
considered and recommended for adoption, and to the extent a measure or alternative
was not feasible, that there are specific economic, legal, social, technological, and other
considerations explaining why a measure or alternative was not feasible to reduce those
impacts to a less than significant level; and
WHEREAS, prior to taking action, the Town Council declares that it has heard and
been presented with, reviewed, and considered all of the information and data in the
administrative record, including the EIR and other documentation relating to the
Project; and
WHEREAS, the Town Council also adopts a Statement of Overriding Considerations
which evaluates the benefits of the Project against any unavoidable impacts; and
WHEREAS, the required CEQA Findings and Statement of Overriding Considerations
are attached to this Resolution as Attachment 1; now, therefore, be it
RESOLVED that the Town Council makes the following findings:
Section 1. The Town Council finds that the EIR has been prepared in compliance with
CEQA, and reflects the independent judgment and analysis of the Town of Danville.
Section 2. The Town Council declares that it has made a reasonable and good faith
effort to eliminate or substantially mitigate, through adoption of all feasible mitigation
measures, all potential impacts that may result from the Project.
Section 3. The Town Council concurs with the CEQA Findings and Statement of
Overriding Considerations in Attachment 1 to this Resolution and incorporated herein
by this reference and finds, that if an environmental impact remains significant and
unavoidable, the benefits of the Project outweigh any potential significant and
unavoidable environmental impact. The Town Council also concurs that there are no
additional feasible alternatives or mitigation measures within its powers that would
substantially lessen or avoid any significant and unavoidable impacts that may result
from the Project.
Section 4. The Town Council certifies the EIR for the Project and approves the Project.
Section 5. The Town Council authorizes that a Notice of Determination shall be filed
within five working days of approval of the Project.
PAGE 4 OF RESOLUTION NO. 60-2013
And, be it further
RESOLVED, that the Danville Town Council approves Preliminary Development Plan
- Rezoning request (LEG10- 0004), Major Subdivision request (DEV10- 0071), Final
Development Plan request (DEV10- 0072), and Tree Removal request TR10 -0028 per the
conditions contained herein, and makes the following findings in support of these
actions:
FINDINGS
PRELIMINARY DEVELOPMENT PLAN - REZONING
1. The rezoning of the site to P -1; Planned Unit Development District is consistent
with the Town of Danville 2010 General Plan. The General Plan contains policies
that encourage clustering of development on flatter portions of properties to
preserve open space and natural features. 2010 General Plan Policies 1.07, 2.05,
and 18.02 contain such provisions, with Policies 1.07 and 18.02 specifically
identifying PUD or P -1 zoning as implementation measures. All three of these
policies are carried forward in the Danville 2030 General Plan, with Policy 18.02
being renumbered 20.02. In addition, Municipal Code section 32 -63.1b provides
that the P -1 zoning district is intended to be used for properties identified as
Special Concern Areas in the General Plan: the subject property is identified as a
Special Concern Area.
2. The project site is identified as a Special Concern Area in the General Plan. The
text for the Special Concern Area of the Magee Ranch property (on page 58 of the
2010 General Plan) includes the following relevant direction:
• The Plan describes Diablo Road in this area as retaining "the flavor of an
ambling country road. The Town strongly supports retention of this
character and protection of the views and vistas from the road."
• "[P]roposals which transfer the allowable number of homes to the least
sensitive and obtrusive parts of the site are encouraged."
• "As on the other large undeveloped hillside sites in Danville, protection of
scenic slopes and ridgelines is imperative. Despite the A -2 (General
Agricultural) zoning on much of the site, subdivision of this Special
Concern Area into five -acre 'ranchette' sites similar to those in the
Tassajara Lane /Sherburne Hills area is strongly discouraged. Such
development would require grading and road construction that could
substantially diminish the visual qualities of the area. On the other hand,
transferring allowable densities to a limited number of areas within the
ranch would enable the bulk of the site to be set aside as permanent open
PAGE 5 OF RESOLUTION NO. 60 -2013
space. This would also provide opportunities to establish park and trail
connections and to preserve wildlife corridors between this area and the
Sycamore Valley Open Space.
P -1 zoning is the only zoning designation that permits this clustering of potential
development, without creation of 5 -acre "ranchettes," which the Special Concern
Area language specifically discourages on the property.
3. The Town further finds that the rezoning for residential development is within
the maximum permitted density under the existing General Plan land use
designations on the property, which include Single Family -Low Density, Rural
Residential, Agricultural and General Open Space.
4. 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.
FINAL DEVELOPMENT PLAN - MAJOR SUBDIVISION
1. The proposed subdivision is in substantial conformance with the goals and
policies of the 2010 General Plan, including the requirements of Measure S. The
Town's 2010 General Plan recognizes the site as an important site that merits
specific direction for its development. As such, the site is designated as one of 14
Special Concern Areas within the General Plan. The Special Concern Area
language includes the following provisions, which are addressed through the
proposed project:
• The Plan describes Diablo Road in this area as retaining "the flavor of an
ambling country road. The Town strongly supports retention of this
character and protection of the views and vistas from the road." The
revised project removes all lots with direct driveway access to Diablo
Road and, with the exception of the main driveway into the project,
reduces the visibility of the project from Diablo Road.
• The Plan provides that "[P]roposals which transfer the allowable number
of homes to the least sensitive and obtrusive parts of the site are
encouraged." The project would transfer all but three lots to the area of
the site which is the least environmentally sensitive. The clustering of
homes would comply with this directive.
• The Plan provides that "As on the other large undeveloped hillside sites in
Danville, protection of scenic slopes and ridgelines is imperative. Despite
PAGE 6 OF RESOLUTION NO. 60-2013
the A -2 (General Agricultural) zoning on much of the site, subdivision of
this Special Concern Area into five -acre "ranchette" sites similar to those
in the Tassajara Lane /Sherburne Hills area is strongly discouraged. Such
development would require grading and road construction that could
substantially diminish the visual qualities of the area. On the other hand,
transferring allowable densities to a limited number of areas within the
ranch would enable the bulk of the site to be set aside as permanent open
space. This would also provide opportunities to establish park and trail
connections and to preserve wildlife corridors between this area and the
Sycamore Valley Open Space." The project, through the use of P -1 zoning
to cluster the permitted development, would avoid creation of "ranchette"
sites, would limit grading and road construction and substantially
preserve the visual quality of the area. The clustering of the project would
also permanently preserve 372 acres, or approximately 91% of the site as
open space, which would include trail connections to the Sycamore Valley
Open Space and preserve wildlife corridors through the site.
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 an appropriate zoning designation for infill projects and
lands designated as Special Concern Areas in the General Plan. Additional
detailed findings regarding P -1 zoning consistency can be found under
Preliminary Development Plan - Rezoning above.
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.
4. The site of the subdivision is physically suitable for the proposed density of
development. The proposed development of 69 lots on the 410 +/- acre site falls
within the allowable maximum density range of up to 78 units, consistent with
the site's Danville 2010 General Plan land use designations of Residential - Single
Family - Low Density, Rural Residential, Agricultural and General Open Space.
With respect to density on the portions of the site designated as "Agricultural" in
the 2010 General Plan, the General Plan provides the following:
"Because properties with this designation are bound by Williamson Act contract
to remain in agricultural uses, a density range is not applicable. In the event that
Williamson Act contracts are not renewed, continued agricultural use is
PAGE 7 OF RESOLUTION NO. 60-2013
encouraged and the underlying zoning density (one unit per 20 acres or one unit
per five acres) would apply upon the contract expiration."
The portions of the site designated as Agricultural are no longer bound by
Williamson Act contract. In such situations, the Town's practice (and that of
Contra Costa County, prior to the Town's incorporation in 1982) was to zone
lands to A -4; Agricultural Preserve District (20 acre minimum) upon execution of
a Williamson Act contract, regardless of the size or prior zoning of the property.
The purpose of this A -4; Agricultural Preserve District zoning designation is to
show that the property is under a Williamson Act contract. For example, the
Town rezoned the "Borel" property (APN 218 - 090 -031) from P -1; Planned Unit
Development District to A -4; Agricultural Preserve District upon execution of a
Williamson Act contract, despite the entire parcel being only 17 acres. Under the
A -4; Agricultural Preserve District zoning designation one home per 20 acres is
allowed.
Upon expiration of a Williamson Act contract, the General Plan dictates that the
Town apply the "underlying" zoning, which has been the zoning in effect prior
to entering into the contract. This reflects the intent to place the property in the
position it held prior to entering into the contract, neither increasing nor
decreasing the property's development potential. This practice was previously
applied by the Town with respect to Assessors Parcels 202 -100 -017, -018, and -019
on the subject property. In February 1986, the Town approved a Williamson Act
contract for these parcels and at the same time adopted an ordinance rezoning
them from A -2; General Agricultural District to A -4; Agricultural Preserve
District. In March 1988, after discovery that the contract had never been properly
executed, the property owner requested, and the Town approved, an ordinance
rezoning the property back to the prior designation of A -2; General Agricultural
District. The property owner in this case did not apply to rezone the property
after the Williamson Act contract expired. However, in determining potential
density for purposes of this application, the Town used the underlying zoning of
A -2; General Agricultural District (with the corresponding maximum
development density of one unit per five acres) as provided for in the General
Plan and consistent with prior applications, including the Elworthy Ranch
project approved by the Town in 2008 under the approval granted for
Preliminary Development Plan - Rezoning request PUD 2005 -02.
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. The Environmental Impact Report prepared for the project
found that, with implementation of recommended mitigation measures, the
PAGE 8 OF RESOLUTION NO. 60-2013
project would have no significant negative impacts on the wildlife on site,
including California Red Legged Frogs, wetlands, trees and plant life.
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. There are currently no existing
public easements for access through or use of the subdivision. Through project
conditions of approval, the subdivision will offer new easements for public
access.
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 ENGEO,
Inc. and as concurred with by the Contra Costa County Flood Control and Water
Conservation District.
TREE REMOVAL PERMIT
The project as proposed would preserve 262 trees of more than 300 surveyed trees and
many other trees located throughout the site, and remove 56 trees. Of the 56 trees to be
removed, 12 are designated as Town - protected trees under the Town's Tree
Preservation Ordinance.
The findings below address only the 12 trees designated as protected under the Town's
Tree Preservation Ordinance. The EIR for the project analyzes the potential
environmental impacts of removing all trees, whether or not they are designated as
protected.
1. Necessity The primary reason for removal of the 56 trees, including 12 Town -
protected trees, is that preservation of those trees would be inconsistent with the
proposed residential development of the property, including the creation of a
new roadway to access the main project area, including a new creek crossing, to
be located east of Jillian Way, and the widening of the Diablo Road/ Green Valley
Road /McCauley Road intersection to the south to improve the function of that
intersection.
2. Erosion/ surface water flow Removal of the 12 Town - protected trees and 56
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 trees in the area, the project site contains a
significant number of additional trees, including Town - protected Oak trees that
PAGE 9 OF RESOLUTION NO. 60-2013
would not be removed for the project. In addition, the project proponent will be
required to replace all Town - protected trees to be removed with approved
species "of a cumulative number and diameter necessary to equal the diameter of
the tree(s) which are approved for removal" in accordance with the Town's Tree
Preservation Ordinance. Tree replacement will be conducted in accordance with
the Town's requirements, including planting a mixture of small and large box
trees to meet the cumulative diameter number of the removed trees. The project
proponent will also be required to replace all non - ordinance -size trees (i.e., trees
less than 10 inches in diameter for single -trunk trees or less than 20 inches in
diameter for multi -trunk trees) at a replacement -to- removal ratio of 1:1.
Removal of the 56 trees, including 12 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 trees in relation to other properties.
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.
Unless otherwise specified, the following conditions shall be complied with prior to
recordation of the final map for the project or the issuance of grading permits or
building permits (as determined appropriate by the Planning Division). Each item is
subject to review and approval by the Planning Division unless otherwise specified.
A. GENERAL
1. This approval is for Preliminary Development Plan - Rezoning request
(LEG10- 0004), Major Subdivision request (DEV10- 0071), Final
Development Plan request (DEV10- 0072), and Tree Removal request
TR10 -28 which would collectively serve to: 1) rezone the property from A-
4; Agricultural Preserve District, A -2; General Agricultural District, and P-
1; Planned Unit Development District to P -1; Planned Unit Development
District; 2) approve the subdivision of the 410 +/- acre site to create 69
single family residential lots and associated parcels; 3) authorize 10% of
the lots created to include a second dwelling unit; 4) provide for
architectural design and landscape details for the development, and; 5)
authorize the removal of 12 Town - protected trees (a total of 56 trees
PAGE 10 OF RESOLUTION NO. 60-2013
would be removed as part of the project). Development shall be
substantially as shown on the project drawings as follows, except as may
be modified by conditions contained herein;
a. Planned Unit Development Site Summary Sheet labeled
"Subdivision 9291 - Magee Ranches," as prepared by Ruggeri -
Jensen -Azar, consisting of one sheet, dated May 31, 2013.
b. Vesting Tentative Map labeled "Subdivision 9291 - Magee
Ranches," including Site Plans, Grading Plans, Utility Plans, and
Storm Water Treatment Plans, as prepared by Ruggeri - Jensen -Azar,
consisting of 13 sheets, dated May 31, 2013.
C. Architectural Plans labeled "Magee Ranches," consisting of floor
plans, elevations, roof plans, and details as prepared by Dahlin
Group Architecture and Planning consisting of 14 sheets and dated
June 3, 2013.
d. Conceptual Landscape Site Plan labeled "Magee Ranches," as
prepared by Ripley Landscape Architecture Land Planning,
consisting of five sheets, dated June 5, 2013.
e. Draft Environmental Impact Report as prepared by Denise Duffy &
Associates dated November 2012, and Final Environmental Impact
Report as prepared by Denise Duffy & Associates dated April 2013.
f. Preliminary Stormwater Management Plan as prepared by
Ruggeri - Jensen -Azar, dated April 19, 2013.
g. Design and construct improvements for the intersection of Diablo
Road and McCauley Road /Green Valley Road as shown on the
plan labeled "Magee Ranches - Conceptual Diablo Road at
McCauley /Green Valley Road Improvements," by Ruggeri- Jensen-
Azar, dated March 6, 2012.
* 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 as listed below:
PAGE 11 OF RESOLUTION NO. 60-2013
The following fees are due at final map approval for the above - mentioned
project:
1. Map Check Fee (71 parcels) .............. ............................... $ 6,358.00
2. Improvement Plan Check Fee ........................ 3% of cost estimate
3. Engineering Inspection Fee ............................ 5% of cost estimate
4. Grading Plan Check, Permit & Inspection . ............................TBD
5. Base Map Revision Fee (71 parcels) . ..............................$ 6,248.00
6. Excavation Mitigation Fee (Green Valley Creek) ..... $ 87,950.00
The following fees are due at building permit issuance for the above -
mentioned project:
1. Child Care Facilities Fee ......... ..............................$ 335/ lot
2. Storm Water Pollution Program Fee ..................... $ 51/lot
3. Finish Grading Inspection Fee ............................... $ 76/ lot
4. SCC Regional Fee ....................... .........................$1,233 /lot
5. Residential TIP Fee ............... ..............................$ 2,000/ lot
6. Tri- Valley Transportation Fee ...........................$ 2,279/ lot
3. Prior to the recordation of the final map, the applicant shall reimburse the
Town for notifying surrounding residents of the public hearing. The fee
shall be $5,122.00 ($105 + 1,209 notices X $0.83 per notice X 5 mailings).
* 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 AB 3185. The fee
shall be $2,995.50. In addition, the applicant shall pay a $50.00
administrative fee. Both checks shall be made payable to the Contra Costa
County Clerk and shall be submitted to the Town within five days of
project approval.
6. If during the course of project construction, archaeological resources or human
remains are accidentally discovered during construction, work shall be halted
Within 20 feet of the find until a qualified professional archaeologist can evaluate
it. Work shall not recommence until the project archaeologist has submitted
PAGE 12 OF RESOLUTION NO. 60-2013
documentation to the Tozun indicating that discovered resources have been
adequately salvaged and no further resources have been identified within the area
of disturbance.
7. Pursuant to Section 7050.5 of the Health and Safety Code and Section 5097.94 of
the Public Resources Code of the State of California, in the event of the discovery
of human remains during construction, no further excavation or disturbance shall
be conducted on the site or any nearby area reasonably suspected to overlie
adjacent remains. The Contra Costa County Coroner shall be notified and make a
determination as to whether the remains are Native American. If the Coroner
determines that the remains are not subject to his authority, he shall notify the
Native American Heritage Commission who shall attempt to identify descendants
of the deceased Native American. If no satisfactory agreement can be reached as
to the disposition of the remains pursuant to this State laze, then the land owner
shall re -inter the human remains and items associated with Native American
burials on the property in a location not subject to further subsurface disturbance.
8. If during the course of project construction, paleontological resources are
accidentally discovered during construction, work shall be halted u7ithin 20 feet of
the find until a qualified professional paleontologist can evaluate it. Work shall
not recommence until the project paleontologist has submitted documentation to
the Tozvn indicating that discovered resources have been adequately salvaged and
no further resources have been identified within the area of disturbance.
* 9. Prior to any construction work on the site, including grading, the
applicant shall install a minimum 3'x3' 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.
* 10. The applicant shall provide security fencing as determined necessary and,
to the satisfaction of the City Engineer and/or the Chief Building Official,
around the construction site during construction of the project.
* 11. If the applicant intends to construct the project in phases, then the first
submittal for building permits shall be accompanied by an overall phasing
plan. This plan shall address: off -site improvements to be installed in
conjunction with each phase; erosion control for undeveloped portions of
the site; timing of delivery of emergency vehicle access connections; and
phasing of project grading. 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,
PAGE 13 OF RESOLUTION NO. 60 -2013
and appropriately separated from remaining additional construction
activity. The phasing plan shall be subject to the review and approval of
the City Engineer and Chief of Planning.
* 12. The applicant shall submit a written Compliance Report, signed by the
applicant, 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 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.
* 13. Planning Division sign -off is required prior to final Building Inspection
sign -off.
14. The project proponent shall implement the following measures to control diesel
exhaust emissions associated with grading and new construction. A plan
indicating hozo compliance will be achieved shall be submitted to the Town of
Danville prior to construction.
a. During the grading phase, the developer or contractor shall provide a plan
for approval by the Town or BAAQMD demonstrating that the heavy -
duty ( >50 horseport7er) off -road vehicles to be used in the construction
project, including owned, leased and subcontractor vehicles, mill achieve a
project zaide fleet- average 20 percent NOx reduction and 45 percent
particulate reduction compared to the most recent CARB fleet average for
the year 2010; This plan should address all equipment that zaill be on site
for more than 2 working days.
b. During the building construction phase, establish on -site electric pozner to
reduce the use of diesel - powered generators and inhere feasible, on -site
generators u7ith internal combustion engines shall utilize alternative fuels
such as bio- diesel blended fuels.
C. Arrange for service to provide on -site meals for construction u7orkers to
avoid travel to off -site locations;
d. Stage construction equipment at least 200 feet from existing or nezo
habitable residences.
e. Properly tune and maintain equipment for loin emissions.
f. Idling times shall be minimized either by shutting equipment off zt7hen not
in use or reducing the maximum idling time to 5 minutes in accordance
PAGE 14 OF RESOLUTION NO. 60-2013
with the California airborne toxics control measure Title 13, Section 2485
of California Code of Regulations. Clear signage shall be provided for
truck operators and construction workers at all access points.
g. All construction equipment shall be maintained and properly tuned in
accordance with manufacturer's specifications. All equipment shall be
checked by a certified mechanic and determined to be running in proper
condition prior to operation.
h. Require an on -site disturbance coordinator to ensure that the construction
period mitigation measures are enforced. This coordinator shall respond
to complaints regarding construction activities and construction caused
nuisances. The phone number of this disturbance coordinator shall be
clearly posted at the construction site and provided to nearby residences.
A log documenting any complaints and the timely remedy or outcome of
such complaints shall be kept.
15. Implementation of the measures recommended by BAAQMD and listed below
would reduce the air quality impacts associated with grading and new
construction to less- than - significant. The contractor shall implement the
following best management practices:
a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded
areas, and unpaved access roads) shall be watered two times per day.
b. All haul trucks transporting soil, sand, or other loose material off -site shall
be covered.
C. All visible mud or dirt track -out onto adjacent public roads shall be
removed using wet power vacuum street sweepers at least once per day.
The use of dry power sweeping is prohibited.
d. All vehicle speeds on unpaved roads shall be limited to 15 mph.
e. All roadways, driveways, and sidewalks to be paved shall be completed as
soon as possible. Building pads shall be laid as soon as possible after
grading unless seeding or soil binders are used.
f. Post a publicly visible sign with the telephone number and person to
contact at the Lead Agency regarding dust complaints. This person shall
respond and take corrective action within 48 hours. The Air District's
phone number shall also be visible to ensure compliance with applicable
regulations.
16. In order to minimize potential human health hazards associated with the
historical use of hazardous materials on portions of the project site, the project
proponent shall retain a trained professional to prepare a Site Management Plan
to maintain the safety of construction workers and assure proper management of
any contaminated soils on the site in accordance with federal, state and local
PAGE 15 OF RESOLUTION NO. 60-2013
regulatory requirements. This plan shall be subject to review and approval by
Contra Costa County Health Services, and evidence of approval provided to the
Town of Danville, prior to the issuance of any grading permit, demonstrating
that all necessary remedial actions have been completed pursuant to the approved
Site Management Plan. At a minimum, the Site Management Plan shall include
1) the collection and chemical analysis of soil samples from the former UST
location and 2) excavation and soils characterization to confirm that sufficient
soils removal has occurred for OCPs and elevated 4, 4 -DDE at location SB -3, and
3) proper removal and disposal of all hazardous materials on the site, including
contaminated soils, chemical containers observed in the storage shed, and
herbicides spray bottles at an approved disposal facility.
17. The diesel generator enclosure and surrounding area at the western edge of the
Magee West site shall be monitored for evidence of a diesel release as may be
required by the BAAQMD. An annual report on the status of the enclosure shall
be submitted to the Town of Danville.
18. The applicant shall pay a school impact fee pursuant to the criteria set forth
within California Government Code Section 65995. Prior to the issuance of
building permits, the applicant shall pay required school mitigation fees, subject
to the review and approval of the Town of Danville and San Ramon Valley
Unified School District. The fees set forth in Government Code Section 65996
constitute the exclusive means of both "considering" and "mitigating" school
facilities impacts of projects [Government Code Section 65996(a)]. They are
"deemed to provide full and complete school facilities mitigation" [Government
Code Section 65996(b)].
19. Prior to the issuance of grading permits, the applicant shall retain a
specialist to assess rodent control impacts anticipated to be associated
with grading activity and installation of subdivision improvements. As
deemed necessary, following the Planning Division's review of the
specialist's assessment, the applicant shall develop and implement a
rodent control plan to reduce impacts to surrounding properties to the
extent reasonably possible for the time periods of heavy construction
activity. The report shall include a schedule for regular rodent inspections
and mitigation in conjunction with the developer and the Town based on
the development schedule for the project. This report shall be subject to
review and approval by the Planning Division.
20. The applicant shall be responsible for washing the exterior of abutting
residences, and cleaning pools, patios, etc. at the completion of mass
grading activities. For the residences that are to receive cleaning, the
PAGE 16 OF RESOLUTION NO. 60-2013
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
Planning Division.
B. SITE PLANNING
1. All buildings shall be designed so that reflective surfaces are limited and exterior
lighting is down -lit and illuminates the intended area only. Building applications
for neu) structures shall include an exterior lighting plan subject to approval by
the Tou?n of Danville that includes the follozoing requirements: 1) exterior
lighting shall be directional, 2) the source of directional lighting shall not be
directly visible; and 3) vegetative screening shall be installed, where appropriate.
* 2. The location of any pad mounted electrical transformers shall be subject to
review and approval by the Planning Division prior to installation. To the
extent feasible, such transformers shall not be located between any street
and the front of any 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. Wells used for irrigation or
cattle may be retained subject to approval of the Contra Costa County
Health Services Department - Environmental Health Division.
4. Zoning standards and land uses for the development shall be as follows:
Primary Frontyard Setback: 20' Minimum
Secondary Front Yard Setback: 15' Minimum
Rearyard Setback: 20' Minimum
Sideyard Setback: 5' Minimum
Aggregate Sideyard Setback: 15' Minimum
All other development standards, allowed uses and conditional uses shall
be as listed under the Town's R -15; Single Family Residential District
Ordinance.
5. As part of the subject P -1; Planned Unit Development District, the
remaining approximately 372 acre undeveloped portion of the site shall be
preserved as permanent open space, and shall be designated as such on
the final map for the project. In addition, the applicant shall dedicate to
PAGE 17 OF RESOLUTION NO. 60-2013
the Town of Danville a Scenic Easement covering the undeveloped
portions of the project site. The scenic easement shall preclude any future
development on these portions of the project site. The public trail
easement area to be located along Diablo Road shall be excluded from the
scenic easement.
6. In conformance with the Townwide Trails Master Plan dated January 1989
and the Town's adopted Parks, Recreation, and Arts Strategic Plan dated
February 2006, the applicant shall dedicate a public trail easement to the
Town covering the trail from the main entry at Blackhawk Road near
Jillian Way, south along Street "A ", west along the north side of Street "B"
(south side of Green Valley Creek), then northwest over the proposed
emergency vehicle access (EVA) roadway, and finally west over the
existing agricultural/ fire trail along the south side of Diablo Road. The
easement shall terminate at the point where a pedestrian bridge crossing
over Green Valley Creek is possible near the Alameda Diablo /Diablo
Road intersection. The easement shall be not less than 20 feet wide with
larger areas where landslide repairs may be needed, where topographic
constraints dictate a wider construction envelope, and/or where the
future pedestrian bridge will be located. Prior to recordation of the final
map, the applicant shall provide a conceptual design of the future public
trail and pedestrian bridge to the Town to aid in determining the required
easement width.
7. The applicant shall construct a public trail from Blackhawk Road near
Street "A" to a point where the EVA connects to Diablo Road, as part of
the subdivision improvements. The trail design standard shall be that of a
"Paved Trail" as described in the Townwide Trails Master Plan dated
January 1989 and the Towr s adopted Parks, Recreation, and Arts
Strategic Plan dated February 2006. The trail shall be separate and distinct
from any internal sidewalks within the subdivision. Signage,
trash /recycling receptacles, doggy -bag dispensers, entry gates, and
benches shall be provided as required by the Town according to current
design standards. Maintenance of the trail improvements shall be
provided by the project Homeowner's Association and/or the GRAD.
The Town will have the responsibility for the future construction of the
extension of the public trail from the EVA west along the south side of
Diablo Road, as part of a future Capital Improvement Project. The exact
design/ alignment of the trail and construction timing will be determined
by the Town at a future date.
PAGE 18 OF RESOLUTION NO. 60-2013
8. The applicant shall dedicate a pedestrian access easement to the East Bay
Regional Park District ( EBRPD) which links Diablo Road with Sycamore
Valley to the south. The easement shall be a minimum width of 25'wide
and shall generally follow the existing fire trail as shown on plans
referenced under Condition of Approval A.1.a., above. The exact
alignment of the trail shall be subject to review and approval by the Town
and the EBRPD prior to recordation of the final map.
9. The existing Green Valley Creek culverts along the developments frontage
with Diablo Road require the following improvement measures to assure
a properly functioning drainage course:
a. At Clydesdale Drive there exists a double 10' -wide by 6' -high
reinforced concrete box culvert. The applicant shall remove the
ranch - constructed cattle gate (corrugated sheet metal) that
currently obstructs flows through one of the two adjacent culverts,
and shall remove accumulated sediment and debris from within
the culvert.
b. At Alameda Diablo there exists a 12'- diameter corrugated steel
structural plate culvert. The applicant shall repair the deteriorated
invert of the culvert as determined appropriate by the Town.
C. At the creek crossing located approximately 150 yards west of
Avenida Nueva there exists a 12' -wide by 10' -high reinforced
concrete box culvert. The applicant shall remove the ranch -
constructed cattle gate (corrugated sheet metal) that currently
obstructs flows.
The above stated improvements shall be performed to the satisfaction of
the Town of Danville Engineering Division and shall be done prior to
acceptance of the subdivision improvements.
10. The developer shall provide a gravel parking area to accommodate up to
four motor vehicles in the area on the east side of the project's main entry
drive, south of the bridge. The final design of this area shall be subject to
review and approval by the Town's Design Review Board prior to
recordation of the final map.
PAGE 19 OF RESOLUTION NO. 60-2013
C. LANDSCAPING
* 1. Final landscape and irrigation plans shall be submitted for review and
approval by the Planning Division and the Design Review Board. 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 plant material shall be served by an automatic underground irrigation
system and maintained in a healthy growing condition.
* 3. All trees shall be a minimum of 15- gallon container size. All trees shall be
properly staked. All remaining shrubs used in the project, which are not
used as ground cover, shall be a minimum of five gallons in size. A
minimum of 25% of the true shrubs planted in the project shall be 10 or
15- gallon container size shrubs.
* 4. All landscaped areas not covered by shrubs and trees shall be planted
with live ground cover or covered with mulch. All proposed ground
cover shall be placed so that it fills in within two years.
* 5. If site construction activity occurs in the direct vicinity of the on -site and
off -site protected trees which are not approved for removal, a security
deposit in the amount of the assessed value of the tree(s) (calculated
pursuant to the Town's Tree Protection Ordinance) shall be posted with
the Town prior to the issuance of a grading 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 such potentially 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 and shall be submitted for
review and approval by the Planning Division 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 approved tree preservation
agreement.
PAGE 20 OF RESOLUTION NO. 60-2013
6. 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.
7. The proposed open wire fencing shall include a rigid and durable top bar
to prevent the fence from sagging. All applicant - installed fencing shall be
subject to review and approval by the Planning Division and the Design
Review Board as part of a Final Fencing Location, Design and
Construction Details submittal.
8. The project's Homeowner's Association shall be responsible for the
maintenance of any landscaping within the public right -of -way along
Blackhawk Road at the main project entry.
9. The project's stormwater detention facility shall be fenced and gated to
prevent public access into it. The fence design shall be subject to review
and approval by the Town's Design Review Board prior to recordation of
the final map.
D. ARCHITECTURE
1. Final architectural elevations, details and revisions shall be submitted for
review and approval by the Design Review Board prior to issuance of
building permits for the project. Six full size sets of construction drawings
for the project shall be submitted to the Planning Division for design
review concurrent or prior to, the applicant initiating the Building
Division plan check process.
2. Residences to be constructed on the six custom lots approved as part of
this project (Lots 61 -66) shall be subject to review and approval by the
Planning Division and the Design Review Board under separate
Development Plan applications. Development of these lots shall be
consistent with the development standards contained within the Town's
Major Ridgeline and Scenic Hillside Development Ordinance.
3. 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.
4. 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
PAGE 21 OF RESOLUTION NO. 60-2013
service personnel. If the street numbers are under four inches in height,
they shall be eliminated consistent with the Uniform Building Code.
* 5. Samples of final materials and the proposed color palette shall be
submitted for review and approval by the Design Review Board prior to
the issuance of building permits for the project.
6. If project entry signage for the development is desired, a Sign Review
Permit shall be submitted to the Town for consideration under a separate
application and shall be subject to review and approval by the Town's
Design Review Board.
* 7. The location, design and number of gang mailbox structures serving the
project shall be subject to review and approval by the Design Review
Board and the local Postmaster.
8. The development of Lots 1, 67, 68, and 69 of this subdivision shall be
limited to single story homes only.
9. All of the homes to be constructed as part of this project, excluding the six
custom homes, shall be pre -wired to accommodate possible future solar
installations.
E. BIOLOGICAL
1. The project proponent shall implement the follouing measures during
construction activities in or along East Branch Green Valley Creek to avoid take
of individual CRLF:
a. Prior to the start of construction, the project proponent shall retain a
qualified biologist to train all construction personnel regarding habitat
sensitivity, identification of special status species, and required practices.
b. Prior to the start of construction, the project proponent shall retain a
qualified biologist to conduct pre - construction surveys to ensure that
CRLF are absent from the construction area. If CRLF are present, a
qualified biologist possessing all necessary permits shall relocate them or
they shall be allowed to move out of the construction area on their own.
C. Immediately following the pre - construction surveys and a determination
that CRLF are not present in the construction zone, the construction zone
PAGE 22 OF RESOLUTION NO. 60-2013
shall be cleared and silt fencing erected and maintained around
construction zones to prevent CRLF from moving into these areas.
d. The project proponent shall retain a qualified biological monitor to be
present onsite during times of construction within the riparian habitat of
East Branch Green Valley Creek to ensure no CRLF are harmed, injured,
or killed during project buildout.
2. The project would impact approximately 0.3 acres of moderate - quality riparian
habitat resulting from construction of the vehicular bridges across East Branch
Green Valley Creek. The project shall replace the lost value of this impact by
restoring the impacted riparian habitat at a minimum 1:1 replacement -to -loss
ratio. (Final mitigation amounts will be based on actual impacts to be determined
during the design phase.) This shall be accomplished by restoring riparian habitat
at the four following locations:
a. The existing wet crossing and asphalt near the panhandle (i.e., where the
new bridge is to be constructed) shall be removed. The silt and sediment
buildup behind and adjacent to the wet crossing and asphalt shall also be
removed and the creek bed shall be lowered to restore the natural flow of
this portion of the creek.
b. The existing crossing from San Andreas Drive shall be removed and the
creek restored in this area.
C. The two existing cattle grates on Magee West near the existing culverts
shall be removed. One of these is causing sediment build up and adversely
impacting the creek. The natural flow of this channel shall be restored back
to its original condition prior to the original installation of the grates.
d. The riparian corridor along the East Branch of Green Valley Creek will be
enhanced with suitable planting and placement of riparian vegetation along
the proposed trail on Magee East. Approximately 2 acres along East
Branch Green Valley Creek between the creek and the trail is available to
accommodate the minimum 0.3 acres of riparian enhancement plantings.
The enhancement area shall be planted with native species appropriate for
the corridor.
3. The project would impact approximately 0.5 acres of jurisdictional waters that are
of a degraded quality and marginal value for the CRLF. The project shall replace
the lost functions and value of this impact to aquatic habitats at a minimum of 1:1
replacement -to -loss acreage ratio. The final mitigation amounts will be based on
actual impacts to be determined during the design phase. Habitat replacement via
PAGE 23 OF RESOLUTION NO. 60 -2013
creation of and /or enhancements to existing waters shall occur onsite. Onsite
lands proposed to be preserved as open space are within the same watershed as the
offsite detention basin known to support breeding CRLF and are expected to fully
accommodate creation of and /or enhancements to aquatic habitats that would be of
substantially higher value to CRLF than the impacted waters. Compensation for
impacts to jurisdictional waters to benefit the CRLF will include all of the
aforementioned components along with improving the wetland character of the
onsite stock pond and enhancing the associated riparian habitat between the stock
pond and the detention basin. (Refer also to mitigation measures 4.4 -13 and 4.4-
14 below for impacts to jurisdictional waters.)
4. The project proposes to preserve approximately 372 acres of the project site as
open space. Areas to be preserved would be placed under a conservation easement
or deed restriction to prohibit construction and preserve conservation value. The
project proposes to create a geologic hazard abatement district (GHAD) to provide
suitable funding for management and long -term maintenance of the site. Upland
habitats shall be managed via a long -term management plan to maintain the
quality of the habitat for the movement and dispersal of CRLF. Prior to
construction, the project proponent shall retain a qualified biologist to prepare an
open space management plan for the explicit purpose of managing and
monitoring the proposed open space area. This plan shall be submitted to the
Town of Danville for review and approval prior to issuance of grading permits.
At a minimum this plan shall include the following components:
a. Identify the location of the restoration efforts for replacing jurisdictional
waters and riparian habitats. The replacement ratio for both habitats will
be at a minimum of a 1:1 ratio.
b. Identify the approaches to be used, including the extent that the onsite
stock pond be expanded, reconfiguring of the pond bottom and increase in
depth, and providing evidence that sufficient water budget exist for any
proposed enhancement.
C. Identify a suitable planting regime for restoring wetland and riparian
habitats.
d. Identify success criteria for monitoring both the wetland and riparian
habitats that are consistent with similar habitats regionally.
e. Monitor restored wetland habitats for at least five years and restored
riparian habitats for 10 years.
f. Define and identifij the GHAD maintenance and management activities to
manage the open space habitats to meet the stated goals of support habitat
PAGE 24 OF RESOLUTION NO. 60-2013
characteristics suitable for the CRLF. This would include suitable fencing
so as to control access, limited cattle grazing or other procedures to
manage grass height and forage production at levels that benefit the
CRLF, and removal of trash.
g. Define the financial mechanism for the GHAD to manage the open
space into perpetuity.
5. Prior to the start of construction, the project proponent shall retain a qualified
biologist to train construction personnel regarding habitat sensitivity,
identification of special status species, and required practices.
6. Prior to the start of construction within the East Branch Green Valley Creek
riparian area, the project proponent shall retain a qualified biologist to conduct
pre - construction surveys to ensure that western pond turtles are absent from the
construction area. If western pond turtles are present, a qualified biologist
possessing all necessary permits shall be retained to relocate them.
7. If western pond turtles are found to be absent from the construction zone,
immediately following the pre - construction surveys the project proponent shall
clear the construction zone and install /maintain silt fencing around the
construction zone to prevent western pond turtles from entering these areas.
8. During construction within the East Branch Green Valley Creek riparian area,
the project proponent shall retain a biological monitor to be present onsite during
times of construction to ensure that turtles are not harmed, injured, or killed.
9. To the maximum extent practicable, the project proponent shall remove trees
during the non - breeding season (September 1 through January 31). If it is not
possible to avoid tree removal and associated disturbances during the breeding
season (February 1 through August 31), the project proponent shall retain a
qualified biologist to conduct a pre- construction survey for tree - nesting raptors
and other tree- or ground - nesting migratory birds in all trees or other areas of
potential nesting habitat within the construction footprint and 250 feet of the
footprint, if such disturbance would occur during the breeding season. This
survey shall be conducted no more than 14 days prior to the initiation of
demolition /construction activities during the early part of the breeding season
(February through April) and no more than 30 days prior to the initiation of these
activities during the late part of the breeding season (May through August). If
nesting raptors or migratory birds are detected on the site during the survey, a
suitable construction free buffer shall be established around all active nests. The
precise dimension of the buffer (a minimum of 150 feet up to a maximum of 250
feet) shall be determined at that time and may vary depending on location and
PAGE 25 OF RESOLUTION NO. 60-2013
species. Buffers shall remain in place for the duration of the breeding season or
until it has been confirmed by a qualified biologist that all chicks have fledged and
are independent of their parents. Pre - construction surveys during the non -
breeding season are not necessary, as the birds are expected to abandon their
roosts during construction activities.
10. In order to avoid impacts to active burrowing owl nests, the project proponent
shall retain a qualified biologist to conduct pre - construction surveys for
burrowing owls within the construction footprint and within 250 feet of the
footprint no more than 30 days prior to the onset of ground disturbance. These
surveys shall be conducted in a manner consistent with the CDFG's burrowing
ozal survey methods (CDFG 2012b). If pre - construction surveys determine that
burrowing owls occupy the site during the non - breeding season (September 1
through January 31), then a passive relocation effort (e.g., blocking burrows with
one -way doors and leaving them in place for a minimum of three days) may be
used to ensure that the owls are not harmed or injured during construction.
Once it has been determined that owls have vacated the site, the burrows can be
collapsed, and ground disturbance can proceed. If burrowing owls are detected
within the construction footprint or immediately adjacent lands (i.e., within 250
feet of the footprint) during the breeding season (February 1 through August 31),
a construction -free buffer of 250 feet shall be established around all active owl
nests. The buffer area should be enclosed with temporary fencing, and
construction equipment and workers may not enter the enclosed setback areas.
Buffers must remain in place for the duration of the breeding season or until it
has been confirmed by a qualified biologist that all chicks have fledged and are
independent of their parents. After the breeding season, passive relocation of any
remaining owls may take place as described above.
11. Pre- construction surveys conducted for burrowing owls shall also be used to
determine the presence or absence of badgers in the development footprint. If an
active badger den is identified during pre - construction surveys within or
immediately adjacent to the construction envelope, the project contractor shall
establish a construction -free buffer around the den of up to 300 feet or a distance
specified by the resource agencies (i.e., CDFG). Because badgers are known to use
multiple burrows in a breeding burrow complex, the project contractor shall
retain a biological monitor during construction activities to ensure the buffer is
adequate to avoid direct impacts to individuals or nest abandonment. The
monitor shall be present onsite until it is determined that young are of an
independent age and construction activities would not harm individual badgers.
Once it has been determined that badgers have vacated the site, the burrows can
be collapsed or excavated, and ground disturbance can proceed.
PAGE 26 OF RESOLUTION NO. 60-2013
12. The project proponent shall replace wetland and riparian habitat at a 1:1
replacement -to -loss ratio. It is expected that all compensation measures can be
accommodated within the 372 acres of the site proposed as open space. Prior to
issuance of a grading permit, the project proponent shall retain a qualified
biologist to prepare an onsite habitat mitigation and monitoring plan (HMMP)
that includes both an aquatic habitat restoration plan and a riparian habitat
restoration plan. The HMMP would specifically address the wetland and riparian
habitats and is separate from the Open Space Management Plan identified in
Mitigation 4.4 -4, although there may be some overlap. The HMMP shall include
the following components, at a minimum:
a. Define the location of all restoration /creation activities;
b. Provide evidence of a suitable water budget to support any created
wetland and riparian habitats;
C. Identify the species, amount, and location of plants to be installed,
d. Identifij the time of year for planting and method for supplemental
watering during the establishment period,
e. Identify the monitoring period, which should be not less than 5 years for
wetland restoration and not less than 10 years for riparian restoration,
defines success criteria that will be required for the wetland restoration to
be deemed a success;
f. Identify adaptive management procedures that include (but are not limited
to) measures to address colonization by invasive species, unexpected lack
Of water, excessive foraging of installed wetland plants by native wildlife,
and similar,
g. Define management and maintenance activities (weeding of invasives,
providing for supplemental water, repair of water delivery systems) of the
proposed GHAD; and
h. Provide for assurance in funding the monitoring and ensuring that the
created wetland and riparian habitats fall within lands to be preserved and
managed into perpetuity. Confirm that the proposed GHAD will meet
these responsibilities.
PAGE 27 OF RESOLUTION NO. 60-2013
13. The project proponent shall comply with all state and federal regulations related
to construction zaork that will impact aquatic habitats occurring on the site.
Prior to construction, the project proponent shall obtain a Section 404 Clean
Water Act permit from the USACE, Section 401 Water Quality Certification
from the RWQCB, and /or Section 1600 Streambed Alteration Agreement from
the CDFG, and submit proof of such documentation to the Town of Danville.
14. Prior to issuance of a grading permit, a tree preservation plan shall be prepared
for all trees to be retained that identifies all protection and mitigation measures
to be taken and includes the tree preservation guidelines by HortScience in their
tree report(s). These measures shall remain in place for the duration of
construction activities at the project site.
15. Upon completion of construction, the project proponent shall replace all
ordinance -size trees to be removed with approved species "of a cumulative
number and diameter necessary to equal the diameter of the tree(s) which are
approved for removal" in accordance with the Tou7n's tree ordinance. Tree
removal shall be conducted in accordance u7ith the Town's requirements,
including planting a mixture of small and large box trees to meet the cumulative
diameter number of the removed trees. The project proponent shall replace all
non - ordinance -size trees (i.e., trees less than 10 inches in diameter for single -
trunk trees or less than 20 inches in diameter for multi -trunk trees) at a
replacement -to- removal ratio of 1:1. To the maximum extent practicable, all
native trees that are removed shall be replaced with like species. All non- native
trees that are removed shall be replaced with species that are known to occur
naturally within similar habitats in the region.
16. Prior to construction, the project proponent shall retain a qualified arborist to
develop a monitoring plan for replacement trees (outside the riparian habitat)
and submit it to the Town of Danville during the permit process. The basic
components of the monitoring plan shall include final success criteria, specific
performance criteria, monitoring methods, data analysis, monitoring schedule,
contingency /remedial measures, and reporting requirements.
17. If the Town determines that the improvements to the Diablo Road /Green Valley
Road intersection are required, the project shall implement Mitigation Measures
4.4 -14 through 4.4 -16 above, as applicable.
F. GRADING
* 1. Any grading on adjacent properties will require prior written approval of
those property owners affected.
PAGE 28 OF RESOLUTION NO. 60-2013
* 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. In order to avoid v)ater quality impacts, a Storm Water Pollution Prevention
Plan (SWPPP) shall be prepared for the site preparation, construction, and post -
construction periods. The SWPPP shall incorporate best management practices
consistent with the requirements of the National Pollution Discharge Elimination
System (NPDES) Municipal Stormuiater permit (No. CAS612008). The project
proponent shall obtain a NPDES General Construction Permit and prepare the
SWPPP in accordance with all legal requirements, prior to the issuance of a
grading permit. Additional requirements for erosion control are detailed in
mitigation measure 4.6 -1 in 4.6 Geotechnical and Geologic Hazards.
* 6. 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.
PAGE 29 OF RESOLUTION NO. 60-2013
* 7. All cut and fill areas shall be appropriately designed to minimize the
effects of ground shaking and settlement.
* 8. Stockpiles of debris, soil, sand or other materials that can be blown by the
wind shall be covered.
* 9. 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.
10. Runoff from any contaminated soil shall not be allowed to enter any
drainage facility, inlet or creek.
11. In order to minimize potential impacts from landslides, final project design plans
shall incorporate the recommendations in the preliminary geotechnical report
(Appendix E in the Draft EIR), which includes the following corrective measures:
a. Landslide avoidance;
b. Construction of catchment areas between landslides and proposed
improvements;
C. Partial landslide debris removal and buttressing with engineered fill; and
d. Complete landslide debris removal and replacement as engineered fill
The table below sets forth the required mitigation measures by landslide area
(shown in Figure 4.6 -2 of the Draft EIR).
Landslide
Mitigation
Partial landslide removal and buttressing with engineered fill
1
Construction of catchment areas betzveen landslides and
2
proposed improvements
Partial landslide removal and buttressing with engineered fill
3
PAGE 30 OF RESOLUTION NO. 60-2013
Corrective grading for custom lot areas outside the proposed grading envelopes
shall be evaluated when more detailed plans are available. Detailed 40 -scale
corrective grading plans for the entire project will be prepared when project
grading plans have been finalized. Final plans showing the identified
recommendations shall be submitted to the Town of Danville for review and
approval prior to issuance of a building permit.
12. In order to minimize potential impacts from expansive soils, final project design
shall incorporate the recommendations in the preliminary geotechnical report (see
Appendix E of the Draft EIR) that include special measures for mitigating
adverse impacts from expansive soils, as follows:
a. Conditioning the expansive soils to higher moisture content during site
preparation and grading.
b. Supporting the houses on structural slab foundations designed to
withstand potential movements of expansive soils.
C. Presoaking the near - surface expansive soils prior to concrete placement for
the slab foundations.
d. Conditioning the expansive subgrade soils in exterior concrete flatwork
area to higher moisture content prior to the placement of baserock or
concrete (if the flatwork is supported directly on the subgrade).
e. Providing surface drainage away from the house foundations and draining
the rainwater collected on the roof through pipes connecting to the
adjacent storm drains.
The final project plans incorporating all the finalized geotechnical
recommendations shall be submitted to the Town of Danville for review and
approval prior to issuance of a building permit.
PAGE 31 OF RESOLUTION NO. 60-2013
Construction of catchment areas between landslides and
4
proposed improvements
Complete landslide removal and replacement as engineered fill
5
Complete landslide removal and replacement as engineered fill
6
Complete landslide removal and replacement as engineered fill
7
8 -16
Landslide avoidance
Corrective grading for custom lot areas outside the proposed grading envelopes
shall be evaluated when more detailed plans are available. Detailed 40 -scale
corrective grading plans for the entire project will be prepared when project
grading plans have been finalized. Final plans showing the identified
recommendations shall be submitted to the Town of Danville for review and
approval prior to issuance of a building permit.
12. In order to minimize potential impacts from expansive soils, final project design
shall incorporate the recommendations in the preliminary geotechnical report (see
Appendix E of the Draft EIR) that include special measures for mitigating
adverse impacts from expansive soils, as follows:
a. Conditioning the expansive soils to higher moisture content during site
preparation and grading.
b. Supporting the houses on structural slab foundations designed to
withstand potential movements of expansive soils.
C. Presoaking the near - surface expansive soils prior to concrete placement for
the slab foundations.
d. Conditioning the expansive subgrade soils in exterior concrete flatwork
area to higher moisture content prior to the placement of baserock or
concrete (if the flatwork is supported directly on the subgrade).
e. Providing surface drainage away from the house foundations and draining
the rainwater collected on the roof through pipes connecting to the
adjacent storm drains.
The final project plans incorporating all the finalized geotechnical
recommendations shall be submitted to the Town of Danville for review and
approval prior to issuance of a building permit.
PAGE 31 OF RESOLUTION NO. 60-2013
13. Prior to any grading or other construction activities, the applicant shall develop a
construction mitigation plan in close coordination u7ith the Tozon of Danville staff
to assure the construction activities are scheduled to minimize noise disturbance.
The follou7ing conditions shall be incorporated into the building contractor
specifications.
a. Muffle and maintain all equipment used on site. All internal combustion
engine driven equipment shall be fitted with mufflers, which are in good
condition. Good mufflers shall result in non - impact tools generating a
maximum noise level of 80 dB when measured at a distance of 50 feet.
b. Utilize "quiet" models of air compressors and other stationary noise
sources where technology exists.
C. Locate stationary noise - generating equipment as far as possible from
sensitive receptors when sensitive receptors adjoin or are near a
construction project area.
d. Prohibit unnecessary idling of internal combustion engines.
e. Prohibit audible construction workers' radios on adjoining properties.
f. Restrict noise - generating activities at the construction site or in areas
adjacent to the construction site to the hours betzoeen 8:00 a.m. and 5:00
p.m., Monday through Friday.
g. Do not allow machinery to be cleaned or serviced past 6:00 p.m. or prior to
7:00 a.m. Monday through Friday.
h. Limit the allowable hours for the delivery of materials or equipment to the
site and truck traffic coming to and from the site for any purpose to
Monday through Friday between 7:00 a.m. and 6:00 p.m.
The allowable hours for delivery of materials and equipment to the
site shall be further limited to avoid the area's peak morning and
afternoon weekday school commute hours of between 7:30 a.m.
and 9:00 a.m. and between 2:30 p.m. and 4:00 p.m. Truck traffic
related to the delivery of materials and equipment may exit the site
to the east, but not to the west, prior to 9:00 a.m. In addition, all
cement truck shall be limited to accessing the site from the easterly
direction. Appropriate signage shall be posted on site to specifying
PAGE 32 OF RESOLUTION NO. 60-2013
these restrictions, subject to review and approval by the Planning
Division.
Do not alloul any outdoor construction or construction- related activities
at the project site on weekends and holidays. Indoor construction
activities may be allozned based on review /approval of the Town.
j. Allowable construction hours shall be posted clearly on a sign at each
construction site.
k. Designate a Disturbance Coordinator for each of the clustered
development sites for the duration of the Phase 1 (site zi)ork) and for each
home site during the Phase 2 (home building) construction. Because each
home zaould be constructed individually and would have its own building
permit, a Disturbance Coordinator should be designated during the
construction of each home. The requirement for a Disturbance Coordinator
for each home site should be incorporated in the CCRs of the development,
such that responsibility of the Property Owners' Association and /or home
builder to designate this Disturbance Coordinator for each lot for the
duration of construction until full site buildout. The Disturbance
Coordinator shall conduct the follozc)ing: receive and act on complaints
about construction disturbances during infrastructure installation,
landslide repair, road building, residential construction, and other
construction activities; determine the cause(s) and implement remedial
measures as necessary to alleviate significant problems; clearly post
his/her name and phone number(s) on a sign at each clustered
development and home building site, and, notify area residents of
construction activities, schedules, and impacts.
14. Concurrent with the submittal of the final grading plans, the applicant
shall submit a plan detailing all retaining walls greater than three feet in
height in the project. Details shall include wall height, design,
construction materials, and method of provision for drainage behind the
walls. The plans shall also depict which retaining walls will be
maintained by the Homeowners Association. Final wall design shall be
subject to approval by the Planning Division and the Design Review
Board prior to issuance of grading permits.
PAGE 33 OF RESOLUTION NO. 60-2013
G. STREETS
* 1. The applicant shall obtain an encroachment permit from the Engineering
Division or the Contra Costa County Public Works Department 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.
PAGE 34 OF RESOLUTION NO. 60-2013
* 8. The Project shall be required to stripe curbs and install any necessary
parking or circulation signage, as determined by the Transportation
Division.
* 9. Prior to the approval of the Improvement Plans, Danville Transportation
Division shall review and approve the location, type and design of the
speed control device, as well as, the locations and number of signage and
striping.
10. Per the Tozon of Danville, signalize the intersection of Hidden Oaks Drive/Magee
Ranch Road and Blackhazvk Road. Because the impact occurs under cumulative
conditions and not under existing plus project conditions, the project is not the
sole cause of the impact. For this reason, the project applicant shall make a fair
share contribution toward signalization at this intersection. With signalization,
the intersection zoould operate at LOS B or better under all scenarios.
11. For the traffic operational improvements at the Hidden Oaks /Magee
Ranch intersection, the applicant shall provide the development's fair
share contribution towards the future construction cost of the identified
improvements. These improvements would not be implemented until the
traffic signal warrants at this intersection have been met and there is
concurrence by both Contra Costa County and the Town of Danville to
install the traffic signal.
The cost of the signal and roadway improvements shall be determined
through the preparation of a conceptual design based on Danville, County
and Caltrans standards. The applicant shall incur the costs associated
with the conceptual design, which is subject to the review and approval of
the Town of Danville and Contra Costa County.
The applicant's fair share contribution towards future construction of the
signal and roadway improvements shall be not less than the difference
between the estimated total project cost and the prior funding amount,
nor more than the ratio of 'project traffic' to 'existing + project traffic'
volumes during the AM Peak Hour multiplied by the estimated total cost
of the signal and roadway improvements.
12. The intersection of Mt. Diablo Scenic Boulevard/Diablo Road should be
considered for signalization. The project is not the sole cause of the impact. For
this reason, the mitigation for this impact shall be the project applicant's fair
PAGE 35 OF RESOLUTION NO. 60-2013
share contribution tort7ards the installation of a traffic signal. With signalization,
the intersection zoould operate at LOS C or better under all scenarios.
13. For the traffic operational improvements at the Mt. Diablo Scenic
Boulevard/ Diablo Road intersection, the applicant shall provide the
development's fair share contribution towards the future construction cost
of the identified improvements. These improvements could only be
implemented by Contra Costa County, as the intersection lies within the
County's jurisdiction.
The cost of the traffic operational improvements shall be determined
through the preparation of a conceptual design based on Contra Costa
County and Caltrans standards. The applicant shall incur the costs
associated with the conceptual design. The applicant shall deposit a fair
share contribution towards future construction of the traffic operational
improvements, which shall be calculated based on the ratio of 'project
traffic' to 'existing + project traffic' volumes during the AM Peak Hour
multiplied by the estimated total cost of the traffic operational
improvements. Said fair share contribution shall be collected by the Town
and transferred to Contra Costa County. The deposit shall then be kept in
the County Roads Trust Fund until such time that improvements are
warranted at the intersection.
14. The project proponent shall modifij the roadzvay striping along McCauley Road
between the intersection and approximately 350 feet south of the Diablo
Road /Green Valley Road. The modified roadzvay striping shall substantially
conform to the follouiing: a) reconfigure the existing 17 foot southbound through
lane to a 10 foot shoulder and a 12 foot through lane, b) replace the existing 3-foot
double - double yellow centerlines with a single double yellow center -line; c)
maintain the existing 10 foot northbound left turn lane while shifting it tzvo feet
toward the easterly curb line; d) reduce the existing 16 foot northbound
through /right turn lane to 13 feet; and e) transition existing downstream (to the
south) centerline left turn lane on McCauley Road accordingly to accommodate
the new configuration, as illustrated in the body of the Final EIR.
15. The project proponent shall install a new pedestrian crossing, with in- pavement
lighting or other equivalent pedestrian safety improvement, at the project main
entrance on Blackhawk Road. The crossing shall physically connect the project's
pedestrian traffic to the existing paved pathway located along the north side of
Blackhawk Road.
PAGE 36 OF RESOLUTION NO. 60 -2013
16. The applicant shall retain the services of a qualified/ licensed engineer to
prepare the design of the pedestrian safety improvement, subject to the
review and approval of the Town of Danville and Contra Costa County. If
Contra Costa County elects not to maintain the selected pedestrian safety
improvement, then said maintenance shall be provided by the project
Homeowner's Association.
17. The applicant shall design and construct improvements for the
intersection of Diablo Road and McCauley Road /Green Valley Road in
conformance with the document titled "Magee Ranches - Conceptual
Diablo Road at McCauley /Green Valley Road Improvements" by
Ruggeri - Jensen -Azar dated March 6, 2012 (referenced under Condition of
Approval A.1.g above). All costs for said improvement shall be the
responsibility of the applicant and will not be subject to any impact fee
credits. The aesthetic qualities of the proposed retaining wall along the
south side of Diablo Road, east of the intersection are subject to review
and approval by the Town's Design Review Board. The constructed
retaining wall shall be coated with an anti - graffiti material. This
intersection improvement shall be completed prior to final occupancy of
the project. The timing of the construction work shall be subject to review
and approval by the Town.
18. The applicant shall apply for a Large Road Encroachment Permit from
Contra Costa County Public Works for the construction of the intersection
of Street "A" with Blackhawk Road. The applicant shall contact the
Engineering Services Division of the County Public Works Department
(925- 313 -2000) to process a Road Acceptance Agreement along with the
review of plans associated with the encroachment permit. The application
shall include the applicant's proposal to close off Jillian Way to create a
single point of ingress/ egress to Blackhawk Road.
19. No construction work requiring closure or detour from any portion of
Diablo Road or Blackhawk Road shall be performed during the morning
or evening commute hours, or on weekends or holidays. Commute hours
shall be assumed to be between the hours of 7:00 a.m. and 9:00 a.m. and
between 3:00 p.m. and 7:00 p.m.
20. According to the Final Map for Subdivision 7985 (recorded on June 3, 1999
in Book 392 of Map at Pages 47 -48), temporary right -of -way was granted
to the Town across a portion of Lot 6 in order to provide the residents of
Jillian Way access to Blackhawk Road. A note on the map indicates that
PAGE 37 OF RESOLUTION NO. 60-2013
the Town will abandon this right -of -way and give fee title back to Lot 6
when alternative access is provided through the adjoining property to the
east. Since the applicant's development project seeks to grant alternative
access to the Jillian Way residents and seeks to close -off the access through
Lot 6 to Blackhawk Road, the applicant shall provide the Town with a
legal description and plat map to effectuate the abandonment.
21. The applicant shall establish a fund (with a preset amount of $30,000) that
shall be used to purchase TRAFFIX bus passes for new homeowners until
the $30,000 is expended. Similar to other transit incentive programs, this
fund would help establish a habit of transit use that would further reduce
the project's impacts to the roadway corridor.
22. The applicant shall make an offer of dedication to the Town
approximately 25 feet of frontage along the project site's Diablo Road
frontage from the Diablo Road/ McCauley Road intersection easterly to
the intersection of the project's Emergency Vehicle Access/ pedestrian
trails and Diablo Road (approximately 7,200 linear feet). The exact width
of the dedication shall be subject to review and approval by the City
Engineer prior to recordation of the Final Map.
23. The project shall be required to install two solar powered radar signs
along the project site's Diablo Road frontage. The exact location shall be
determined by the Town prior to recordation of the final map.
H. INFRASTRUCTURE
* 1. Domestic water supply shall be from an existing public water system.
Water supply service shall be from the East Bay Municipal Utility District
water system in accordance with the requirements of 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. In order to reduce wind and water erosion on the project site, an erosion control
plan and Storm Water Pollution Prevention Plan (SWPPP) shall be prepared for
PAGE 38 OF RESOLUTION NO. 60-2013
the site preparation, construction, and post - construction periods (see mitigation
measure 4.8 -1.).
The project shall prepare an erosion control plan in accordance zuith the Tozon's
Erosion Control Ordinance. The project proponent shall implement the following
measures, where appropriate, to control erosion: 1) keep construction machinery
off of established vegetation as much as possible, especially the vegetation on the
upwind side of the construction site; 2) establish specific access routes at the
planning phase of the project, and limits of grading prior to development, which
should be strictly observed; 3) utilize mechanical measures (i.e., walls from sand
bags and /or zuooden slat or fabric fences) to reduce sand movement, 4) immediate
re- vegetation (plus the use of temporary stabilizing sprays), to keep sand
movement to a minimum; and 5) for larger -scale construction, fabric or zuooden
slat fences should be placed around the construction location to reduce sand
movement. This erosion control plan shall be submitted to the Town of Danville
for review and approval prior to issuance of a grading permit.
* 5. Roof drainage from structures shall be collected via a closed pipe and
conveyed to an approved storm drainage facility in the street curb. No
concentrated drainage shall be permitted to surface flow across sidewalks.
* 6. Any portion of the drainage system that conveys runoff from public
streets shall be installed within a dedicated drainage easement or public
street.
* 7. If a storm drain must cross a lot, or be in an easement between lots, the
easement shall be equal to or at least double the depth of the storm drain.
* 8. The 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.
* 9. All new utilities required to serve the development shall be installed
underground in accordance with the Town policies and existing
ordinances. All utilities shall be located and provided within public utility
easements, sited to meet utility company standards or in public streets.
* 10. All utility distribution facilities, including but not limited to electric,
communication and cable television lines, within a residential or
commercial subdivision shall be underground, except as follows:
PAGE 39 OF RESOLUTION NO. 60 -2013
a. Equipment appurtenant to underground facilities, such as surface
mounted transformers, pedestal mounted terminal boxes and meter
boxes, and concealed ducts;
b. Metal poles supporting street lights.
* 11. All street, drainage or grading improvement plans shall be prepared by a
licensed civil engineer.
12. Prior to final map recordation, the applicant shall enter into a Low Pressure
Service Agreement with East Bay Municipal Utility District for each residential
parcel located entirely or partially above the 650 elevation contour. All
appropriate water supply infrastructure, including pumping and storage
facilities, shall be provided in accordance with the Low Pressure Service
Agreement. For new residential parcels that are partially located above the 650
foot contour residential building envelopes may be delineated below the 650'
contour to avoid the need for additional site - specific infrastructure, subject to
approval by the Town of Danville. New building envelopes, if identified, shall be
coordinated directly with East Bay Municipal Utility District. These facilities
shall be incorporated into the final design -level infrastructure drawing for the
project. The applicant shall sign and execute a Low Pressure Service Agreement
prior to final map recordation. All infrastructure improvements shall be
incorporated into design -level drawings.
13. Prior to the recordation of the final map for each phase of development, the
applicant shall submit detailed design -level infrastructure drawings to the East
Bay Municipal Utility District and the Town of Danville for review and
approval. All new water supply infrastructure shall be designed in accordance
with all applicable East Bay Municipal Utility District specifications. All water
supply infrastructure plans shall be reviewed and approved prior to final map
recordation.
14. The East Bay Municipal Utility District maintains a right -of -way (R/W 1581)
through the project site, which provides access to the Green Valley Reservoir. In
order to avoid potential effects to East Bay Municipal Utility District's existing
operations, the final map shall clearly delineate all known easements, including
East Bay Municipal Utility District's right -of -way (R/W 1581). Any and all
activities proposed within the right -of -way shall be coordinated with East Bay
Municipal Utility District. This easement shall be reflected in all final design -
level improvement plans and appropriate notes shall also be included, subject to
the review and approval of the East Bay Municipal Utility District and the Town
of Danville.
PAGE 40 OF RESOLUTION NO. 60-2013
15. In order to ensure that energy demand is reduced to avoid the wasteful or
inefficient use of energy, the project proponent shall submit detailed design -level
plans to the Town of Danville identifying that energy conservation measures have
been incorporated into design and operation of the project, prior to the issuance of
any building permit. The proponent shall implement the following or comparable
energy conservation measures, including, but not limited to:
a. Final - design that takes advantage of shade, prevailing winds, landscaping
and sun screens to reduce energy use. Project shall meet and /or exceed the
requirements of Title 20 and Title 24.
b. Install efficient lighting and lighting control systems. Use daylight as an
integral part of lighting systems in buildings.
C. Install light - colored cool pavements, and strategically placed shade trees.
d. Install energy efficient heating and cooling systems, appliances and
equipment, and control systems. Including:
• smart meters and programmable thermostats.
• Heating, Ventilation, and Air Condition (HVAC) ducts sealing.
e. Install light emitting diodes (LEDs) for outdoor lighting.
f. Provide outdoor electrical outlets.
The project applicant may proposed substitute measures provide they achieve
comparable energy use reductions as the measures proposed above. If alternative
measures are proposed, the applicant shall provide detailed evidence
demonstrating the measures efficacy at reducing energy demand.
16. The final map for the applicant shall abandon all abutters rights to the
project site along Diablo Road and Slackhawk Road except for the
approved main entry drive and the Emergency Vehicle Access road.
I. 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 Commission approval through the revised final
Development Plan review process.
* 2. Conditions of this approval may require the applicant to install public
improvements on land over which neither the applicant, nor the Town,
PAGE 41 OF RESOLUTION NO. 60-2013
has easement rights to allow for the installation of the improvements. The
applicant shall be responsible for acquisition of said easement rights
through private negotiations. If the applicant is unsuccessful in
negotiations, the applicant shall apply to the Town for use of eminent
domain powers in accordance with Town Resolution No. 78 -85. All
easement rights shall be secured prior to Town Council final approval of
any subdivision map. All costs associated with such acquisition shall be
borne by the applicant.
3. 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.
4. The project homeowners' association, through project- specific covenants,
conditions and restrictions (CC &Rs), shall be responsible for maintenance
of all common landscape areas and common fencing. Draft project CC &Rs
shall be submitted to the Town of Danville for review and approval a
minimum of 45 days prior to recordation of the final map. The CC &Rs
shall also include language notifying homeowners of the public trails
through the project, the public parking area /trailhead, and that the public
may park on the neighborhood streets to access area trails.
5. A Geologic Hazard Abatement District (GRAD) shall be established or
annexed into. The GRAD shall consider implementing measures to
prevent, mitigate, abate, or control geologic hazards and also mitigate or
abate structural hazards that are caused by geologic hazards. Said GRAD
shall be established or the property annexed into a GHAD according to
Public Resources Code §26500 et seq. The GHAD should consider owning
or maintaining the approximately 372 acres of permanent open space. The
GHAD should consider assuming responsibility for maintenance and
upkeep of the detention basin, other stormwater pollution control and
hydromodification facilities constructed as part of the project, and the
future public trail to be constructed by the Town between the western
EVA terminus and the western terminus of the trail near the Diablo
Road/ Alameda Diablo intersection. The GHAD should consider
PAGE 42 OF RESOLUTION NO. 60 -2013
establishing a comprehensive plan to maintain the restored creek and
bridge and provide corrective measures as needed. If any duties listed
above are unable to be included as part of the GHAD's responsibilities,
they shall be included as the responsibility of the project's Homeowner's
Association (HOA). A quarterly report regarding GHAD funding and
activities shall be prepared for the first five years after the GHAD assumes
responsibilities under the Plan of Control and submitted for review by the
Town and made available for review by other watershed stakeholders.
6. The project is in the San Ramon Creek watershed. The project shall
mitigate the impact of additional stormwater runoff draining to San
Ramon Creek by either of the following methods:
• Remove 1 cubic yard of channel excavation material from the inadequate
portion of San Ramon Creek for each 50 square feet of new impervious
surface area created by the development. All excavated material shall be
disposed of off -site by the developer at his own cost. The site selection,
land rights, and construction staking will be performed by the FC District.
OR, upon written request by the developer:
• Provide for a cash payment in lieu of actual excavation and removal of
material from the inadequate portion of San Ramon Creek. The cash
payment will be calculated at a rate of $0.10 per square foot of new
impervious surface area created by the development. The added
impervious surface area created by the development will be based on the
FC District's standard impervious surface area ordinance. The FC District
will use these funds to work on San Ramon Creek annually.
7. The project site is also upstream of known inadequate reaches of Green
Valley Creek. As a result, this project shall be subject to the Green Valley
Creek Mitigation fee of $0.10 per square foot of newly created impervious
surface area. This fee is based on the Contra Costa County Flood Control
District's Report on Impervious Surface Ordinance. The Town shall collect
this fee for transfer to the County's Drainage Deficiency Fund.
8. As required by Division 1010 (Drainage) of the County Title 10 Ordinance,
the applicant shall obtain a drainage permit (1010 Permit) from the Flood
Control District prior to conducting any work (including but not limited
to new storm drain outfalls, bridges, and road widening) in natural or
man -made watercourses located in unincorporated Contra Costa County.
PAGE 43 OF RESOLUTION NO. 60-2013
9. The applicant shall construct the detention basin and drainage facilities in
accordance with the Regional Hydrologic Analysis prepared by Engeo
Incorporated and dated June S, 2011, and revised on April 17, 2012. Prior
to allowing any changes to these drainage facilities as modeled, the
developer shall submit a revised Hydrologic Analysis for Contra Costa
County Flood Control District review and the Town's approval.
10. The applicant shall submit a final stormwater control plan for review and
approval by the Town and the Contra Costa County Flood Control
District prior to recordation of the final map.
* 11. Use of a private gated entrance is expressly prohibited.
* 12. 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.
* 13. The project shall conform to the Regional Water Quality Control Board
post - construction C.3 regulations which shall be designed and engineered
to integrate into the project's overall site, architectural, landscaping and
improvement plans. These requirements are contained in the project's
Stormwater Control Plan and are to be implemented as follows:
Prior to issuance of permits for building, site improvements, or
landscaping, the permit application shall be consistent with the
applicant's approved Stormwater Control Plan and shall include
drawings and specifications necessary to implement all measures in
the approved plan. The permit application shall include a completed
Construction Plan C.3 Checklist as described in the Town's Stormzmter
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 (Best Management
Practices) BMPs, permanent source control BMPs, and other features
that control stormwater flow and potential stormwater pollutants.
Prior to building permit final and issuance of a Certificate of
Occupancy, the applicant shall execute any agreements identified in
the Stormwater Control Plan which pertain to the transfer of
ownership and/or long -term maintenance of stormwater treatment or
hydrograph modification BMPs.
Prior to building permit final and issuance of a Certificate of
Occupancy, the applicant shall submit, for the Town's review and
approval, a Stormwater BMP Operation and Maintenance Plan in
accordance with the Town of Danville guidelines. Guidelines for the
preparation of Stormwater BMP Operation and Maintenance Plans are
in Appendix F of the Town' Stormzater C.3 Guidebook.
14. The project shall conform to the Town's Inclusionary Housing for
Affordable Residential Housing Ordinance. The developer shall provide
at least seven below market rate for -rent second units, as defined by the
Ordinance. 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 occupancy of below market rate units shall be
subject to an affordable housing agreement, which shall be subject to
review and approval by the Town Council prior to recordation of the final
map for the project. In addition, a deed restriction shall be recorded with
the Contra Costa County Recorder in accordance with the Town's Second
Dwelling Unit Ordinance precluding concurrent use of the second units
and the respective primary residence as rental units. This condition does
not preclude future property owners in this subdivision from building
additional second dwelling units in compliance with the Town's Second
Dwelling Unit Ordinance and State Law.
PAGE 45 OF RESOLUTION NO. 60-2013
APPROVED by the Danville Town Council at a regular meeting on June 18, 2013, by
the following vote:
AYES: Arnerich, Doyle, Morgan, Steppe
NOES: None
ABSTAINED: None
ABSENT: None
APPROVED AS TO FORM:
CITY ATTORNEY
PAGE 46 OF RESOLUTION NO. 60-2013