HomeMy WebLinkAbout2017-13RESOLUTION NO. 2017-13
A RESOLUTION RECOMMENDING THE TO\^/N COUNCIL TO ADOPT A
MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL
SIGNIFICANCE AND APPROVE PRELIMINARY DEVELOPMENT PLAN -
REZONTNG REQUEST pUD16-01L0 AND FINAL DEVELOPMENT PLAN DEV16-
0L07- MAIOR SUBDIVISION SD 9437 (SUB16-0110)
(APNs : 203 -782-027 and. 203:182-04n
WHEREAS, Bradclock & Logan Flomes (Applicant) has requested approval of Preliminary
r r ñt nrrnr / ^nn^ -,- -' n:,--1 n^_--l Dl--- T-ìT'II 7lZueveloPment rran - Kez()rung requesr ruL.rro-urru alrLr .rllral r-leveruPrrrerrL r-rarr uDv LU-
0107 - Major SubdivisionsD 9347 (SUB16-0110) request to rezone a2.97+ / - acre site from
P-1.; Planned Unit Development District to a new P-1; Planned Unit Development District
to subdivide the site into 19 single family residential parcels (L7 single family detached
residential units and two single family attached units); and
WHEREAS, the subject site is located at3743 &.3755 Old Blackhawk Road, and is further
identified as Assessor's Parcel Number 203-182-027 and203-182-047; and
WHEREAS, the Town of Danville P-1; Planned Unit Development District Ordinance
requires approval of a Preliminary Development Plan - Rezoning request prior to the
approval of a Final Development Plan - Major Subdivision application; and
WHEREAS, the Old Blackhawk Road Specific Plan (OBSRP) requires approval of a P-1,;
Planned Unit Development District, prior to the development of the site; and
WHEREAS, the Town of Danville Subdivision Ordinance requires approval of a Major
Subdivision request prior to recordation of afinal map; and
WHEREAS; the State Density Bonus Law requirement allows for a5% density bonus to
projects developing for-sale units where the target affordable housing units are for-sale
units appropriate to moclerate income households aud where the project cornmits to
develop 10o/o of. the baseline allowable units in the project as affordable units; and
WHEREAS, a Mitigated Negative Declaration of Environmental Significance has been
prepared for the project indicating that, as modified through project revisions or mitigation
measures included as recornmended conditions of approval, no significant environmental
impacts are anticipated to be associated with the projecÇ and
WHEREAS, the Planning Commission did review the project at a noticed public hearing on
November1"4,2017; and
PAGE 1 OF RESOLUTION NO. 2017-13
WHEREAS, the public notice of this action was given in all respects as required by law;
and
WHEREAS, a staff report was submitted recommending that the Planning Commission
recoÍunend the Town Council approve PUD16-0110, DEV16-0107, and SD 9347 (SUB1,6-
0110); and
WHEREAS, the Planning Commission did hear and consider all reports, recommendations,
and testimony submitted in writing and presented at the hearing; now, therefore, be it
RESOLVED that the Planning Commission of the Tor,rm oi Danville recoÍunends that the
Town Council adopt the Mitigated Negative Declaration of Environmental Significance
and approve Preliminary Development Plan - Rezoning request PUD16-0110, Final
Development Plan request DEV16-0107) and Major Subdivision request SD 9347 (SUB16-
0110) request rezoning the 2.97+ / - acre project site from P-L; Planned Unit Development
District to a new P-L; Planned Unit Development District, authorizing the project site's
subdivision into L9 single family residential parcels (L7 single family detached residential
units and two single family attached units), and approving project architecture and
landscaping per the conditions hereiry and makes the following findings in support of this
action:
Preliminary Development Plan - Rezoning:
The proposed Rezoning would substantially comply with the Danville 2030 General
Plan and further finds that the rezoning for residential development is within the
maximum permitted density under the property's General Plan land use
designation-
The uses authorized or proposed in the land use district are compatible within the
district and to uses authorizedin adjacent districts. The proposed infill housing is
an efficient development pattern consistent with surrounding residential
subdivisions and will add to existing infrastructure that services the adjacent single
family residential uses.
3. Community need has been demonstrated for the use proposed.
Final Development Plan - Major Subdivision:
The proposed subdivision is in substantial conformance with the goals and policies
of the Danville 2030 General Plan and the site's Residential - Single/Multiple
General Plan land use designation.
1
2
1
PAGE 2 OF RESOLUTION NO. 2OI7-73
2.
3
The design of the proposed subdivision is in conformance with the P-1; Planned
Unit Development District since the subjec tP-'[,; Planned Unit Development District
is customi zed to the subject Development Plan. The P-L; Planned Unit Development
District is listed as a consistent zoning designation under site's Residential -
Single/Multiple General Plan land use designation.
The development standards for OBRSP Sub Area 3 require observance of a 1,5'
minimum secondary front yard setback for corner lots. In addition, the standards
call for observance of a 1"5' minimum building-to-building separation. Lot l" is
considered to be a corner lot in this project and is proposed with anll' minimum
secondary front yard setback (i.e., the setback irom the lot's property line along Old
Blackhawk Road). In acknowledgment that the P-L; Planned Unit Development
process provides the opportunity to flexibly apply developmentstandards to avoid
monotonous or inappropriate neighborhood design, this reduced secondary front
yard setback has been deemed as a reasonable and an appropriate assignment of the
available area for setbacks between and around the three residences proposed on
Lots L, 2 and 3. An observance of an 1"1"' minimum secondary front yard setback
along the west side of the residence on Lot L allows both the observance of the full
L5' building-to-building minimum separation for residences to be placed on Lots L,
2, and 3 and allows a larger (i.e.,4' greater than the minimum standard) side yard
setback from the east side of the residence proposed for Lot 3 to the east property
line of that lot.
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 parcels.
The density of the subdivision is physically suitable for the subject site and
surrounding neighborhood.
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, in part because the project site is an area where development has previously
occurred. The Mitigated Negative Declaration of Environmental Significance
prepared for the project found that, with project modifications made during project
review and with implementation of recommended mitigationmeasures, the project
would have no significant negative impacts on the wildlife on site.
The design of the proposed subdivision and proposed improvements would not
conflict with easements, acquired by the public atlarge,for access through or use of,
property within the proposed subdivision. There are currently no existing public
4.
5
6.
7.
PAGE 3 OF RESOLUTION NO. 2017-13
1.
easements for access through or use of the subject properties. Through project
conditions of approval, the subdivision will offer new easements for public access.
State Density Bonus Law:
Pursuant to the State Density Bonus law (i.e., Government Code Section 65915), the
applicant is entitled to waivers of development standards if application of those standards
would have the effect of physically precluding the construction of development at the
density permittedby the statute. TheTownmay refuse any suchrequestedwaiverif there
is substantial evidence that such a waiver would have specific, adverse impact upon the
health or safety of the community or the physicai environment. The Town makes the
following findings in support of its approval of waivers of development standards listed
below that have been requested by the applicant as imposing the specified standards
would physically preclude the development at the density permitted:
Waiver of the minimum parcel size for the below market rate units: The Old
Blackhawk Road Specific Plan (OBRSP) Sub Area 3 requires lot sizes to be
determined on a project-by-project basis in the development of plan (P-1) but shall
be a minimurn ol. 4,500 square feet in size. Lot 15 is proposed at2,372 square feet
and Lot 16 is proposed at 3,455 square feet. Given the project is in a P-L; Planned
Unit Development District and in order to achieve the number of units permitted as
allowed by the state density bonus law, imposition of this development standard
would preclude the below market rate units from being constructed (i.e., the duet
unit that would occupy Lots L5 and 16).
Waiver of the requirement to provide on-site recreational amenities: Section IV of
the OBRSP requìres that sepãrate but equal amenities be provided by project
homeowners associations created within the OBRSP area. Given the size of the
property approved for development, and in recognition of the relatively small
number of units permitted in the project even after accounting for density bonus
units, imposition of this development standard would require removal of at least
one residential lot to create an on-site recreational amenity or facility.
Waiver of front yard setback for the below marker rate units: The OBRSP Sub Area 3
requires a minimum average setback of 20 feet for front yard areas. The below
market rate duet pairing would result in provision of an 1.8' average front yard
setback for the unit on Lot 15 and a 19' average front yard setback for the unit on
Lot 16. Given the smaller lot sizes being provided for the below market rate duet
pairing of lots, imposition of this development standard would preclude the below
market rate units from being constructed (i.e., the proposed units would not fit on
the lots if the full minimum setback had to be observed).
2.
3
PAGE 4 OF RESOLUTION NO. 2077.73
4.Waivers requested from the following OBRSP standards: minimum side yard
setback, aggregate minimum side yard setback, minimum building-to-building
separatiorç minimum rear yard setback, and the minimum secondary front yard
setback. The OBRSP Sub Area 3 requires observance of a 15'minimum aggregate
side yard setback, a L5' minimum building-to-building separation, a15'
minimum rear yard setback for one story building massing, a 20' minimum rear
yard setback for two story building massing, and 1.5'minimum secondary front
yard setback. The project would create minimum side yard setbacks in the range
of 0' to 7.5' f.cl"Lots12,13,15 and L6 (Lots L5 and 1.6 of the lots occupied by the
duet pairing of below market rate units); would create minimum building-to-
building separations involving the residences placed on Lots 12,13,1.4,15 and L6
in the range of 0' to 14' ; would create a minimum rear yard setback of 7 .5' f.or Lot
15; would create a'14.5' rear yard setback to second story massing for the
residence on Lot 12, andwould create a7.5'rear yard setback to second story
massing for the residence on Lot 15. Given the reduced parcel size f.or the below
market rate units and in acknowledgment that the development is within aP-'[.;
Planned Unit Development District, strict imposition of the required minimum
development setback standards would preclude the below market rate units
from being constructed in the project.
5.Relaxation of minimum garage interior clear width and interior clear depth
standards for the below market rate units: Danville Municipal Code Section 32-
22.13 requires the enclosed parkingareaprovided for each dwelling unit to have a
minimum interior clear width of 20' and to have a minimum interior clear depth of
22' . T}rre location of the below market rate units are constrained dimensionally and
cannot accorrunodate the provision of a compliant garage.
CONDITIONS OF APPROVAL
Conditions of approval with an asterisk 1"*"') inthe left-hand column are standard project
conditions of approval.
Conditions of approval typed initølicized text are mitigation measures derived from the
Environmental lmpact Report prepared for the project.
Unless otherwise specified, the following conditions shall be complied with prior to the
Town Council approval of the initial final map or issuance of a building permit for the
project. Each item is subject to review and approval by the Planning Division unless
otherwise specified.
PAGE 5 OF RESOLUTION NO. 2017-73
A. GENERAL
*2.
1,This approval is for Preliminary Development Plan - Rezoning request
PUD16-0110, Final Development Plan request DEV16-0107, and Major
Subdivision request SD 9347 (SUB16-011"0), authoizing t}ire 2.97+ / - acre
project site to be rezoned from P-1,; Planned Unit Development District to a
new P-1; Planned Unit Development District, authorizing the project site to
be subdivided into 19 single family residential parcels, and directing that
development be substantially as shown on the project drawings as follows,
except as may be modified by conditions contained herein;
a. Tentative Parcel Map, Demolition and Tree Removal Plan, Site
Development Plan, Preliminary Utility Plan, Preliminary Grading Plan,
Preliminary Erosion Control Plan, and Stormwater Control Plan
consisting of eight sheets, as prepared by MacKay & Somps, dated
received by the Planning Division on September 13,2017.
b. Preliminary Stormwater Control Plary as prepared by MacKay & Somps
and dated March 3,2017.
c. Preliminary Architectural Plans consisting of 17 sheets, as prepared by
WHA, dated received by the Planning Division on September 13,2017.
d. Preliminary Landscape Plans, consisting of two sheets, as prepared by
Thomas Baak & Associates LLP, dated received by the PlanningDivision
on September 13,2017.
e. Geotechnical Report, as prepared by Engeo and dated December 18,2015.
Í. Arborist Report, as prepared by Tim Ghiradelli Consulting Arborist,
prepared on October 4,201.6 and updated on April 5,2017 .
g. Arborist Report, as prepared by Joseph McNeil third paîty consulting
Arborist, prepared on May 3'l..,2017.
The applicant shall pay any and all Town and other related fees applicable to
the pioperty. These fees shall be based on the current fee schedule in effect at
the time the relevant permits are secured, and shall be paid prior to issuance
of said permit.
PAGE 6 OF RESOLUTION NO. 2OI7-13
3.
4
The following fees are due at Final Map approval for the above-mentioned
project:
a. Map Check Fee fi5,217.00
b. Improvement Plan Check Fee.......... 3% of Cost Estimate
c. Engineering Inspection Fee ...5% ofCost Estimate
d. Base Map Revision Fee........... ............$ 1,880.00
e. Excavation Mitigation Fee SV (Flood Control).$ 8,106.00
f. Park Land in Lieu Fee (17 units) ...$ 175,838.00
Thp fnlln-¡.¡ino fees .are drre .at Rrrildinø Permif issrrance for the above-I ILç TV¡¡V
mentioned project:
a. Child Care Facilities Fee $ 335/unit
b. Stormwater Pollution Program Fee ..........;........ $ 56/unit
c. SCC Regional Fee... ...... $ 1,320 /unitd. SCC Sub-Regional Fee............................j........ $ 3,6;42/:unit
e. Residential TIP Fee ...... $ 2,000 / urtrt
f. Tri-Valley Transportation Fee........... $ 3,060/unit
Prior to the recordation of the final map the applicant shall reimburse the
Town for notifying surrounding neighboring residents of the public hearing.
The fee shall be fi824.71, ($130.00 plus 279 notices X $0.83 per notice X 3
mailings).
Prior.to the issuance of grading or building permits, the project developer
shall submit written documentation that all requirements of the San Ramon
Valley Fire Protection District have beery or will be, met to the satisfaction of
the District. Prior to the issuance of building permits for the project, the
applicant shall verify that payment of the applicable school impact fees have
been paid to the San Ramon Valley Unified School District.
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
befi2,2'1.6.25. This check shall be made payable to the Contra Costa County
Recorder's Office and shall be submitted to the Town within five days of
project approval. The applicant shall submit to the Town of Danville fees
required to file a Notice of Determination for this project within 10 days of
approval of this project. The fee to be paid by the applicant for the Notice of
Determination shall be $50.00.
5
PAGE 7 OF RESOLUTION NO. 2077:13
6.If subsurface deposits believed to be cultural or human in origin are
discovered during the construction of the project, all work shall halt within a
200-foot radius of the discovery and a qualified archaeologist, meeting the
Secretary of the Interior's QualificationStandards for prehistoric and historic
archaeologist, shall be retained at the project applicanf s expense to evaluate
the significance of the find. Work shall not continue at the discovery site
until the archaeologist conducts sufficient research and data collection to
make a determination that the resource is either: (a) not cultural in origin; or,
(b) not potentially significant or eligible for listing on the National Register of
Historic Places or the California Register of Historical Resources. If a
potentially-etigible resource is encounterecl, then the archaeo-logist, iead
agency and project applicant shall arrange for either: (a) total avoidance of
the resource, if possible; or (b) test excavations to evaluate eligibility and, if
eligible, data recovery as mitigation. The determination shall be formally
documented in writing and submitted to the lead agency and filed with the
Northwest Information Center as verifiçation that the provisions in this
mitigation measure have been met. If human remains of any kind are found
during construction activities, all activities shall cease immediately and the
Contra Costa County Coroner be notified as required by state law (Section
7050.5 of the Health and Safety Code). If the coroner determines the remains
to be of Native American origiry he or she shall notify the Native American
Heritage Commission (NAHC). The NA.HC shall then identify the most
likely descendant(s) (MLD) to be consulted regarding treatment andf or
reburial of the remains (Section 5097.98 of the Public Resources Code). If an
MLD cannot be identified, or the MLD fails to make a recoÍunendation
regarding the treatment of the remains within 48 hours after gaining access
to the reÃains, the Town shall rebury the Native American human remains
and associated grave goods with appropriate dignity on the property in a
location not subject to further subsurface disturbance. Work can continue
once the MLD's tecofiunendations have beeri implemented or the remains
have been reburied if no agreement can be reached with the MLD (Section
5097.98 of the Public Resources Code).
Construction actiztity shallbe restricted to thc periodbetutteen the ueekdøy hours of
7:30 a.m. to 5:30 p.m. (Mondøys through Fridøys), unless othenttise npproaed in
writing by the City Engineer for generøl construction actiaity ønd the Chief
Building Official for building construction actitsity. Prior to any construction uork
on the site, including grøding, the øpplicant shallinstøll aminimum 3' x 3' sign at
the project entry which specifies the alloutable constructiøn roork dnys øndhaurs, ønd
lists the nãtne and contøct person for the ooerall project mnnñger ønd øII confuactors
and sub-contractors working on the job,
7
PAGE 8 OF RESOLUTION NO. 20\7-13
8 The applicant shall provide security fencing, as deemed necessary and to the
satisfaction of the City Engineer and/or the Chief Building Official, around
the construction site during construction of the project. All security fencing
shall be fitted with woven polyethylene privacy and windscreenfabric,S5%
minimum closed mesh with grommets for securing to chain link fabric.
The applicant shall require their contractors and subcontractors to fit all
internal combustion engines withmufflers, which are in good conditiory and
to locate stationary noise-generating equipment as far away from existing
residences as feasible.
A watering program which incorporates the use of a dust suppressant, and
which complies with Regulation 2 of the Bay Area Air Quality Management
District shall be established and implemented for all on and off-site
construction activities. Equipment and human resources for watering all
exposed or disturbed soil surfaces shall be supplied on weekends and
holidays as well as workdays. Dust-producing activities shall be
discontinued during high wind periods. The applicant shall post a publicly
visible sign with the telephone numbers and persons to contact both for the
project superintendent and for the Town of Danville regarding dust
complaints. The project superintendent, once advised of the dustcomplaint,
shall respond and take corrective action within 48 hours. The BAAQMD's
phone number shall also be visible to ensure compliance with applicable
regulations.
As part of the initial submittal for the final map, plan check, andf orbuilding
permit review process (whichever occurs first), the applicant shall submit a
written Compliance Report detailing how the conditions of approval for this
project have been complied with. This report shall list each condition of
approval followed by a description of what the applicant has provided as
evidence of compliance with that condition. The applicant must sign the
report. The report is subject to review and approval by the City Engineer
andf or Chief of Planning and/ or Chief Building Official, and may be
rejected by the Town if it is not comprehensive with respect to the applicable
conditions of approval.
Planning Division sign-off is required prior to final Building Inspection sign-
off for the initial residence completed in the project, for the tenth residence
completed in the project and for the final residence completed in the project.
*
*
*
tr
9
10
11,
12.
PAGE 9 OF RESOLUTION NO. 2017.13
ìt
13
1.4.
15.
1,6
17.
The developer shall create a construction staging plan that addresses the
ingress and egress location for all construction vehicles, parking and material
storage area. This plan shall be subject to review and approval by the Town
prior to the issuance of a grading permit. The construction staging plan shall
not utilize any portion of the nearby roadway system, Old Blackhawk Road.
Prior to recordation of the final Írapr the applicant and Town shall prepare
an affordable housing agreement for the two moderate income units
provided as part of the density bonus. This agreement, which must be
approved by the Town Council, shall be consistent with the applicable
provisions of the state density bonus law (Government Code Section 659i5)
and the Town's density bonus ordinance (Municipal Code Section 32-74).
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: (a) qff-site improvements to be installed in
conjunction with each phase; (b) erosion control for undeveloped portions of
the site; (c) timing of delivery of emergency vehicle access connections; and
(d) 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, 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 Building Official. Prior to initiation of each discrete
phase of conbtruction activity, the applicant shall document to the
satisfaction of the City Engineer and the Chief Building Official that
construction phases (e.g., grading, utility installatioru paving, building
constructiory etc.) do not overlap.
The applicant shall be responsible for washing the exterior of abutting
residences, and cleaning pools, patios, etc. at the completion of each phase of
project mass grading activity. The residences to receive cleaning, the extent
of the cleaning efforts to be performed, and the timing (and frequency) of
such cleaning shall be subject to review and approval by the Planning
Division.
Prior to demolition activities, the applicant shall secure a J Permit from the
Bay Area Air Quality Management District (BAAQMD).
PAGE 10 OF RESOLUTION NO. 2OL7-73
18
1.
The residential units developed in the project may be used for home
occupation uses, as that activity is defined and regulated by the Danville
Municipal Code. Any home occupation use established shall be clearly
ancillary to the primary, residential use of the unit it is located within. Home
occupation compliance reports shall be processed for each proposed home
occupation through the Planning Division and business license applications
shall be processed through the Finance Department before the home
occupation use is established.
B
*
SITE PLANNING
All lighting shall be installed in such a manner that lighting is generally
down directed and glare is directed away from surrounding properties and
rights-of-way.
2.The location of any pad mounted electrical transformers shall be subject to
review and approval by the Planning Division prior to the issuance of a
building permit. To the extent feasible, suchtransformers shall notbe located
between any street and the front of a building.
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.
Project CC&R s shall include language addressing maintenance
responsibilities for all conunon areas and facilities. This document shall be
submitted to the Town of Danville to be reviewed by the City Attorney prior
to recordation.
3
4.
Minimum setbacks for the primary residences for this development shall be
as shown on the approved plotting plans referenced under Condition of
Approval A.1..a, above. Unless otherwise directed by the development
standards contained with the Old Blackhawk Road Specific Plan or these
project conditions of approval, future building additions and future detached
accessory structures developed on lots in the project shall be subject to the R-
7;Single Family Residential District development standards and the Single
Family Residential District Ordinance. Allowed uses and conditionally
allowed uses shall be as listed under the R-7; Single Family Residential
District Ordinance. ,
*
*
5
PAGE 11 OF RESOLUTION NO. 2OT7-73
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 prior to sign installation.
*
C. LANDSCAPING
1
*2.
*4.
Final landscape and irrigation plans (with planting shown at1"=20' scale)
shall be submitted for review and approval by the Design Review Board.
The plan shall include common names of all plant materials and shall
indicate the size that various plant materials would achieve within a five-
year period of time.
All plant material shall be served by an automatic underground irrigation
system and maintained in a healthy growing condition. Irrigation shall
comply with Town of Danville Landscape Ordinance #91"-1,4and landscape
guidelines and shall be designed to avoid runoff and overspray. Proposed
cofiunon maintenance lawn areas within the project shall not exceed a
maximum oÍ.25 percent of proposed conunon landscaped areas.
All trees shall be a minimum of 15-gallon container size. All trees shall be
properly staked. AIl remaining shrubs used in the project, which are not
used as ground cover, shall be a minimum of five gallons in size. A minimum
oÍ 25% of the true shrubs planted in the project shall be L0 or 1S-gallon
container size shrubs. ,
All landscaped areas not covered by shrubs and trees shall be planted with
live ground cover. All proposed ground cover shall be placed so that they
fill in within two years.
The applicant shallbe required to plønt three trees per lot in the reør yørds of lots 1-
14, toith the exception of lots L0 and 4 uthich shall proaide 6 trees per lot. The screen
trees shøll include 24" box Coast Liue Oøk and 15 gallon sized Brisbane Box trees,
with the exception of the eastern side of the project uthich shall include 24" box trees.
The applicønt shall consult with adjøcent property orr)ners on the eastern side of the
project as to thc desired tree species, number of trees, ønd the placement of the trees
to be planted for priaacy screening, such as screening bettueen zuindoztts. These
screen trees øre in addition to the street trees and generøl løndscøpe trees for the
project. Finøl løndscnpe pløns shall be submitted for reaiew and øpproual by the
Design Reaieu Boørd (DRB) prior to issuance of building permits for the project.
3
5
PAGE 1.2 OF RESOLUTION NO. 2017-73
6.
8.
D. ARCHITECTURE
1
*2.
It J
7
An arborist shall be on site to supervise the removal of trees and installation
of solider piers for fencing to ensure the work is performed appropriately
and in a manner that protects trees immediately adjacent to the project site.
At least three weeks prior to commencement of tree removal, 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 tree removal work would 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 iist
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.
The øpplicønt shøll consult tuith adjøcent property ouoners as to the desired ønd
øppropriate height of the respectiae shøred good neighbor fences. Final fence details
shallbe submittedfor reoieut and øpproaalby the Design Reaieu Boørd (DRB) prior
to issuønce of building permits for the project.
:t Al1ducts, meters, air conditioning andf 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.
The street numbers for each building in the project shall be posted so as to be
easily seen from the street at all times, day and night by emergency service
personnel. If the street numbers are less than four inches in heighg they shall
be illuminated consistent with the requirements of the Uniform Building
Code.
Final architectural elevations and details shall be submitted for review and
approval by the Design Review Board (DRB) 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.
PAGE 13 OF RESOLUTION NO. 2017:13
*
4.
5
PARKING
1
2.
Samples of final materials and the proposed color palette shall be submitted
for review and approval by the DRB prior to the issuance of building permits
for the project. If deemed necessary by DRB color mock-ups shall be made
available at the project site prior application of exterior colors.
The project covenants, conditions and restrictions shall provide a review and
approval process for any proposed repainting or re-roofing of exteriors of the
units in this project.
E
*
:t
Project CC&R's shall include language related to the maintenance of the
private road and private street parking.
Regulatory signage / curb þainting for the non-parking side of the interior
loop roadway shall be provided, if deemed necessary, to the satisfaction of
the San Ramon Valley Fire Protection District and the Transportation
Division.
Street signing shall be installed by the applicant as maybe 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.
Project CC&R s shall include language addressing a provision requiring that
all garages shall be maintained to accommodate vehicular parking as
required and shall include a financial penalty to enforce the requirement.
GRADING / ENGINEERING / GENERAL CONSTRUCTION ACTIVITY
Any grading on adjacent properties would require prior written approval of
those property owners affected.
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 would coûunence. The notice
shall include a list of contact persorìs with name, title, phone number and
area of responsibility. The p"tron responsible for maintaining the list shall be
included. The list shall be kept current at all times and shall consist of
3
4.
F
*1
2:k
PAGE 14 OF RESOLUTION NO. 2017-73
tr
*
*
3.
4.
6.
5
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.
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 reconunendations for foundation design of the proposed buildings
and shall be subject to review and approval by the Tornm's Engineering and
Planning Divisions.
\Atrhere 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.
All development shall take place in compliance with the Town Erosion
Control Ordinance (Ord. 91"-25). Restrictions include limiting construction
primarily to the dry months of the year (May through October). If all or part
of the construction does occur during the rainy seasorì, the developer shall
submit an Erosion Control Plan to the City Engineer for review and
approval. This plan shall incorporate erosion control devices such as, the use
of sediment traps, silt fencinç, pad berming and other techniques to
minimize erosion. All visible mud or dirt track-out onto adjacent public
roads shall be removed using wet power vacuum street sweepers, with a
minimum frequency of at least once per day. [Note: The use of dry power
sweeping for this cleaning is expressly prohibited.]
All grading activity shall address National Pollutant Discharge Elimination
system (NPDES) concerns. Specific measures to control sediment runoff,
construction pollution and other potential construction contamination shall
be addressed through the Erosion Control Plan (ECP) and Storm Water
Pollution prevention Plan (SWPPP). The S\AIPPP shall supplement the
Erosion Control Plan and project improvement plans. These documents shall
also be kept on-site while the project is under construction. A NPDES
construction permit may be required, as determined by the City Engineer.
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.
*F7
PAGE 1.5 OF RESOLUTION NO. 2017-13
*
*
ìt
8.
9
10
11,.
12.
All cut and fill areas shall be appropriately designed to minimize the effects
of ground shaking and settlement.
Stockpiles of debris, soil, sand or othe.r materials that can be blown by the
wind shall be covered.
If toxic or contaminated soil is encountered during constructioru 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 determinecl by the Contra Costa
County Health Department. Suitable disposal andf or treatment of any
contaminated soil shall meet all federal state and local regulations. If
deemed appropriate by the Health Departmenf the applicant shall make
provisions for immediate containment of the materials. Runoff from any
contaminated soil shall not be allowed to enter any drainage facility, inlet or
creek.
All grading and improvement plans shall be in conformance with the Kropp
report and any approved revisions thereto. The final soils report shall
address reconunendations for pavement d esign thicknesses.
In accordance with Danville Municipal Code 3'l.,-1'1,.1"4 et seq., the applicant
will be required to guarantee the installation of common area improvements
that benefit both created pafcels. Said common area improvements will
include shared portions of driveways and the soldier piers. The guarantee
will take the form of a Subdivision Agreement and acceptable performance
security. The applicant is encouraged to read and understand the Municipal
Code requirements associated with this guarantee and be prepared to
execute the agreement and provide the performance security prior to the
scheduling of any building permit inspections for either parcel.
If the grading work involves moving more than 100 cubic yards of soil, the
applicant must obtain a Grading Permit in conformance with Municipal
Code Chapter 19. A plan showing appropriate erosion and sediment control
measures shall accompany any plans developed in support of the Grading
Permit, subject to the review and approval of the Town. The applicant is
responsible for payment of all fees according to the schedule in effect at the
time the permit is issued.
13.
PAGE 1.6 OF RESOLUTION NO. 2017-13
1,4.
15.
16.
17.
18.
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 implernent the corresponding 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 based on the
development schedule for the project. This rodent control plan is subject to
review and approval by the Planning Division.
Prior to ground disturbing activities, the project applicant shall install a silt
fence or fabric fence along the perimeter of the site, adjacent to residential
development, to provide a barrier to movement by rodents and other
wildlife. The fence shall be maintained until all vegetation is removed the
site. During grading and construction activities, the project applicant shall
maintain a contact person including a phone number, should issues
associated withrodentdispersal occur and shall monitor these recommended
actions to determine their efficacy.
All haul trucks transporting soil, sand, or other loose material off-site shall be
covered.
All building pads shall be laid as soon as reasonably feasible after grading
unless seeding or soil binders are used.
Idling times of construction equipment shall be minimized either by shutting
equipment off when not in use or by reducing the maximum idling time to 5
minutes (as required by the California airborne toxics control measure Title
1.3, Section 2485 of California Code of Regulations [CCR]). Clear signage
stating these operation standards shall be provided by the applicant for
construction workers at all project access points.
All construction equipment shall be maintained and properly tuned in
accordance with manufacturer's specifications. All construction equipment
shall be checked by a certified visible emissions evaluator prior to use on the
project site.
Runoff from any contaminated soil shall not be allowed to enter any
drainage facility, inlet or creek.
20.
PAGE 17 OF RESOLUTION NO. 2077:13
tr
21,
G. STREETS
1
tr 2.
It 3
tç 5.
Concurrent with the submittal of the final grading plans, the applicant shall
submit a plan detailing all project retaining walls greater than three feet in
height (with height measured from base of wall footing) and all other
retaining walls determined to need to be reviewed through the building
permit review process that are proposed to be installed inthe project. Details
shall include wall height, desigru construction materials, and method of
provision for drainage behind the walls. The plans shall also depict which
retaining walls will be maintained by the project homeowners' association.
Final wall design shall be subject to review and approval by the Plaruring
Division prior to issuance of grading permits.
The applicant shall obtain an encroachment permit from the Engineering
Division prior to commencing any construction activities within any public
right-of-way or éasement.
Street signing shall be installed by the applicant as may be required by the
City Engineer. Trcffic 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.
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.
Ary damage to street improvements now existing or done during
construction on or adjacent to the project site shall be repaired to the
satisfaction of the Engineering Division by the developer. As determined
warranted by the Engineering Divisiory such repair may include slurry seal;
pavement overlay; andf or street reconstruction. Prior to commencement of
any site work, the project developer shall establishbaseline preconstruction
roadway conditions in a manner satisfactory to the City Engineer for that
portion of Old Blackhawk Road.
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
4
PAGE 18 OF RESOLUTION NO. 2017-13
plans are submitted, the applicant shall supply to the City Engineer an
up-to-date title report for the subject property.
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 #4.1. above and shall conform to Standard PIan
104a&b.
Deaeloper shall install stop signs at tlte trao new project intersections and ølso install
a raised pedestrian uosswølk with actiaated Jløshing zuarning lights øt the site of the
existing crosszuøIk to reduce speeds on Oid Blackhmok f{oad. The crosswølk shaäbe
designed to be flushed to the top of curb ønd the drain inlets notblocked.
Abutter's rights of .access along the public road frontages shall be
relinquished as part of the final map approval.
All roadways, driveways, and sidewalks to be paved shall be completed as
soon as reasonably feasible.
The applicant shall make provisionto stripe curbs and install any necessary
parking or circulation signage, as determined by the Transportation Division.
Prior to the approval of the Improvement Plans, the Transportation Division
shall be provided an opportunity to review and approve the locatior¡ type
and design of any proposed speed control device, as well as, the location of
any related signage or street striping.
H. INFRASTRUCTURE
1 Domestic water supply shall be from an existing public water system. Water
supply service shall be from the East Bay Municipal Utility District water
system in accordance with the requirements of District.
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.
6
7
8.
9
10
*
11,.
2*
3 Drainage facilities and easements shall be provided to the satisfaction of the
City Engineer of the Town of Danville.
All runoff from impervious surfaces shall be intercepted at the project
boundary and shall be collected and conducted via an approved drainage
ìh 4.
PAGE 19 OF RESOLUTION NO. 2OL7-13
,r
,f 5.
6.
tr 9
*10
,r 11.
method through the project to an approved storm drainage facility, as
determined by the City Engineer. Development which proposes to contribute
additional water to existing drainage systems shall be required to complete a
hydraulic study and make improvements to the system as required to handle
the expected ultimate peak water flow and to stabilize erosive banks that
could be impacted by additional storm water flow.
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.
Any portion of the drainage system that conveys runoff from public streets
shall be installed within a dedicated drainage easement, or public street.
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 depthof the storm drain.
The applicant shall furnish proof to the City Engineer of the acquisition of all
necessary rights of entry, permits andf or easements for the construction of
off-site temporary or permanent road and drainage improvements.
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.
All utility distribution facilities, including but not limited to electric,
communication, and cable television lines, within a residential subdivision
shall be under ground, except as follows:
Equipment appurtenant to underground facilities, such as surface
mounted transformers, pedestal mounted terminal boxes and meter
boxes, and concealed ducts;
7
8
*
*
a.
b. Metal poles supporting street lights.
All street, drainage or grading improvement plans shall be prepared by a
licensed civil engineer.
PAGE 20 OF RESOLUTION NO. 2077-13
12.
13.
Parcel A shall have a private storm treatment facility easemenl "The areas
designated as "Storm Treatment Facility Easement" or "STFE" is foi the
exclusive purpose to collect and treat stormwater and the related
improvements and appurtenances associated with the stormwater treatment
facility approved on the stormwater control planfor this property, including
construction, access and maintenance for these improvements. The
construction of buildings, structures, or other activity which may interfere
withthe performance of the facilities is strictly prohibited unless specifically
approved by the City Engineer. In addition, development rights within said
STFE are hereby dedicated to the Town of Danville. On-going maintenance
within said STFE shall be performed by the home owners association as
stated in the recorded operation and maintenance agreement."
Those easements marked to be quitclaimed (PG&E 16188 OR 848, ROW and
Utility Easement 2993 OR 43, ROW and utility easement 3633 OR 472) shall
be quitclaimed and recorded prior to final map approval.
1,4.The applicant shall submit a hydrology and hydraulic report for review and
approval by the Town Engineering Services.
I. BIOLOGICAL RESOURCES
Prior to construction, silt fencing or equivalent shall be installed along the
top of bank to prevent the movement of amphibians or reptiles from the
riparian area onto the project site. Vegetation shall be cleared from the soil
surface prior to the installation of the silt fencing. The bottom of this fencing
shall be buried to a depth of six inches and shall be checked and maintained
weekly by the construction team to ensure that no gaps develop through
which amphibians or reptiles could pass. This fencing shall be removed when
construction of the proposed project is complete.
Prior to tree remoaøl and grnding zaithin the deoelopment areø, a determination shall
be møde as to ttthether grading or tree remouøI is proposed during the raptor nesting
seøson (February through August) . If grøding or tree remoaal is proposed during the
røptor nesting season, a focused tree pre-construction suruey for raptor nests shallbe
conductedby a qualifiedbiologist during the nesting season to identifu actiae nests
on the project site. The surcey shøIlbe conducted no less than'|4 dnys, ønd no more
than30 døys,prior to thebeginningof gradingor treeremoaøLlfnestingraptorsøre
found during the focused surt)eyt no grøding or tree remoaal shall occur within 500
feet of an actiae nest until the young høae fledged (as determined by a qualified
biologist).If impacts to nest trees are unaaoidøble, they shøIlbe remoaed during the
non-breeding seøson.
1
2.
PAGE 2L OF RESOLUTION NO. 2017:13
3 A nesting suluey ruill be conducted prior to commencing uith construction ruork if
this work utill commence befuoeen February l't and August 3L't. The nesting surrey
shøll include exømination of all trees ruithin 200 feet of the entire project site. The
survey shall be conducted no more thøn 1-4 døys prior to the start of zoork. If birds are
identified nesting on or uithin the zone of influence of the construction project, a
quølifed biologist shall establish a temporary protectiae nest bffir øround the
nest(s).Thenestbffir shouldbe stakedwithorange constructionfencingor orange
Iath staking.ru b"fftr must be of sufficient size to protect the nesting site from
construction related disturbønce and shøIlbe estøblishedby a qualified ornithologist
or biologist zuith extensiae experience working utith nestingbirds near construction
siies. Typicalíy, adequate nesting buffers are 5û feei irom ihe nesi siie or nesi tree
dripline for small birds, ønd up to 200 feet for sensitiae nesting birds that include
seoeral raptor species knozun in the region of the project site that are not generally
expected to occur at the project site. No construction or earth-moaing actiaity shall
occur within thc establishedbffir until it is determinedby a qualifledbiologist that
the young haae fledged and haae attained sufficient flight skills to øaoid project
construction zones. This typically occurs by luly 15tnl.7¡¡t date may be earlier or
Inter and zoill høae to be determinedby a qualifedbiologist. If a quølifiedbiologist is
not hired to ruøtch the nesting birds, then the buffers shall be møintained in place
througþ the month of August and utork within the bffir can commence September
'l.tt.
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 would
require Planning Commission approval through the 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 Towry has
easement rights to allow for the installation of the improvements. The
applicant shall be responsible for acquisition of said easementrights 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.
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,
J
*
*3
PAGE 22 OF RESOLUTION NO. 2017:13
*
It
4.
5.
actioru or proceeding against the Town or its agents, officers, or employees to
attack, set aside, void, or annul, the Town' approval concerningthis Planned
Unit Development Application, which action is brought within the time
period provided for in Section 66499.37. The Town would promptly notify
the applicant of any such claim, actiorç or proceeding and cooperate fully in
the defense.
Use of a private gated entrance is expressly prohibited.
The locatiory design and number of garrg mailbox structures serving the
project shall be subject to review and approval by the I'lanning Division and
the local Postmaster.
As a part of the issuance of a demolition permit andf 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 f arebeing recycled according to their
recycling plan, or in an equivalent manner. Froject demolition plans and
specifications shall stipulate, to the satisfaction of the Chief Building Official
and prior to initiation of any demolition activities, that such demolition
activities will comply with BAAQMD Regulation 11,, Rule 2: Asbestos
Demolitior¡ Renovatiory and Manufacturing.
The proposed project shall conform to the Town's Stormwater Management
and Discharge Control Ordinance (Ord. No. 2004-06) and all applicable
construction Best Management Practices (BMPs) for the site. For example,
construction BMPs may include, but are not limited to: the storage and
handling of construction materials, street cleanin& proper disposal of wastes
and debris, painting, concrete operations, dewatering operations, pavement
operations, vehicle/equipment cleaning, maintenance and fueling and
stabllization of construction entrances. Training of contractors on BMPs for
construction activities is a requirement of this permit. At the discretion of the
City Engineer, a Storm Water Pollution Prevention Plan (SWPPP) may be
required for projects under five acres.
6
*7
PAGE 23 OF RESOLUTION NO. 2077:13
An Operation and Maintenance Agreement and an Operation and
Maintenance Plan for this project is required to be prep ared, approved by the
Town and recorded prior to Final Occupancy of the project. These
documents shall designate the Homeowners Association to be responsible for
all operation and maintenance of all drainage facilities on the site. These two
documents shall also be made a part of the CCRs.
A project homeowners' association (HOA) shall be created that shall be
responsible for maintenance of the private storm treatment facility, the
interior private roadway, sidewalk and drainage improvements, all common
landscape areas, and common retaining walls and fencing. Draft project
CC&Rs for the HOA shall be submitted to the Planning Division and City
Attorney for review and approval a minimum of 45 days prior the applicant
requesting approval to record the final map for the project.
APPROVED by the Danville PlanningCommissionat aregular meeting onNovemberl.4,
2017, by the following vote:
8.
9
AYES:
NOES:
ABSTAINED:
ABSENT:
APPROVED AS TO FORM:
/,-i--,/ tá
City Attorney Chief
PAGE 24OF RESOLUTION NO. 2017.L3
Bowles, Combs, Graham, Haberl, Heusler, Radich, Verriere
None
None
None