HomeMy WebLinkAbout105-2017RESOLUTION NO. 105-2017
ADOPTING THE MITIGATED NEGATIVE DECLARATION OF
ENVIRONMENTAL SIGNIFICANCE AND APPROVING MAJOR SUBDIVISION
REQUEST SD 9437 (SUB16-0110) AND FINAL DEVELOPMENT PLAN REQUEST
DEV16-0107 (APNs: 203-182-027 and 203-182-047)
WHEREAS, Braddock & Logan Homes (Applicant) has requested approval of Preliminary
Development Plan - Rezoning request PUD16-0110, Major Subdivision request SD 9347
(SUB16-0110), and Final Development Plan request DEV16-0107; and
WHEREAS, the subject site is located at 3743 & 3755 Old Blackhawk Road, and is further
identified as Assessor's Parcel Number 203-182-027 and 203-182-047; and
WHEREAS, collectively the requests would serve to: (1) rezone the property from an
existing P-1; Planned Unit Development District to a new P-1; Planned Unit Development
District; (2) subdivide the 2.97 +/- acre site to create 19 residential lots (with two of the lots
proposed to be developed as below market rate units contained in a duet unit); and (3)
provide for architectural design and landscape details for the development.
WHEREAS, approval of Preliminary Development Plan - Rezoning request PUD16-0110 is
provided for under Town Council Ordinance No. 2018-02; 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 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 a final map; and
WHEREAS, the State Density Bonus Law requirement allows for a 5% density bonus to
projects developing for -sale units where the target affordable housing units are for -sale
units appropriate to moderate income households and where the project commits to
develop 10% 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 recommended conditions of approval, no significant environmental
impacts are anticipated to be associated with the project; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing on
November 14, 2017; and
WHEREAS, a staff report was submitted recommending that the Planning Commission
approve Resolution 2017-13 to recommend the Town Council approve PUD16-0110,
DEV16-0107, and SD 9347 (SUB16-0110); and
WHEREAS, the Planning Commission did approve Resolution No. 2017-13; and
WHEREAS, a public notice of this action was given in all respects as required by law; and
WHEREAS, the Town Council held a public hearing to consider all reports,
recommendations, and testimony submitted in writing and presented at the hearing; now,
therefore, be it
RESOLVED that the Danville Town Council adopts the Mitigated Negative Declaration of
Environmental Significance and approve Preliminary Development Plan - Rezoning
request PUD16-0110, Major Subdivision request SD 9347 (SUB16-0110), and Final
Development Plan request DEV16-0107, to rezone the 2.97 +/- acre project site from P-1;
Planned Unit Development District to a new P-1; Planned Unit Development District,
authorizing the project site's subdivision into 19 single family residential parcels (17 single
family detached residential units and two single family attached units), and approving
project architecture and landscaping per the conditions herein, and makes the following
findings in support of this action:
Preliminary Development Plan - Rezoning
1. 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 because the proposed development standards under the Old Blackhawk
Road Specific Plan allows the same density of development as the General Plan land
use designation of 4-8 units per acre. Both of these designations permit residential
units at a density of 7.4 units per acre.
2. The uses authorized or proposed in the land use district are compatible within the
district and to uses authorized in adjacent districts. The proposed infill housing is
an efficient development pattern consistent with surrounding residential
subdivisions and will add to existing infrastructure that services the adjacent single
family residential uses.
PAGE 2 OF RESOLUTION NO. 105 - 2017
3. Community need has been demonstrated for the use proposed. The location,
density, size and type of proposed use are compatible with the existing uses in the
surrounding neighborhood because it is an infill site that is compatible with existing
development in the area and will provide housing in an area that is largely built out
and desirable.
Final Development Plan - Major Subdivision
1. 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 because the proposed development standards
under the Old Blackhawk Road Specific Plan allows the same density of
development as the General Plan land use designation of 4-8 units per acre. Both of
these designations permit residential units at a density of 7.4 units per acre.
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 listed as a consistent zoning designation under the site's Residential -
Single/ Multiple General Plan land use designation.
3. The development standards for Old Blackhawk Road Specific Plan Sub Area 3
require observance of a 15' minimum secondary front yard setback for corner lots.
In addition, the standards call for observance of a 15' minimum building -to -
building separation. Lot 1 is considered to be a corner lot in this project and is
proposed with an 11' minimum secondary front yard setback (i.e., the setback from
the lot's property line along Old Blackhawk Road). In acknowledgment that the P-
1; Planned Unit Development process provides the opportunity to flexibly apply
development standards to avoid monotonous or inappropriate neighborhood
design, this reduced secondary front yard setback has been deemed a reasonable
and an appropriate assignment of the available area for setbacks between and
around the three residences proposed on Lots 1, 2 and 3. An observance of an 11'
minimum secondary front yard setback along the west side of the residence on Lot 1
allows both the observance of the full 15' building -to -building minimum separation
for residences to be placed on Lots 1, 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.
4. The design of the subdivision and the type of associated improvements will not
likely cause serious public health problems, because water and sanitary facilities and
services will be available to the parcels. The project has been reviewed by the San
Ramon Valley Fire Protection District, Central Contra Costa County Sanitary
PAGE 3 OF RESOLUTION NO. 105 - 2017
District, East Bay Municipal Utility District, and the Towns Building Division and it
was determined that the site is adequately served by public facilities and services.
5. The density of the subdivision is physically suitable for the subject site and
surrounding neighborhood because the proposed development is similar in size and
density to the residential developments adjacent to the site.
6. 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 mitigation measures, the project
would have no significant negative impacts on the wildlife on site.
7. The design of the proposed subdivision and proposed improvements would 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 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 permitted by the statute. The Town may refuse any such requested waiver if there
is substantial evidence that such a waiver would have specific, adverse impact upon the
health or safety of the community or the physical 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:
1. Waiver of the minimum parcel size for the below market rate units: The Old
Blackhawk Road Specific Plan Sub Area 3 requires lot sizes to be determined on a
project -by -project basis in the development plan (P-1) but shall be a minimum of 4,
500 square feet in size. Lot 15 is proposed at 2,372 square feet and Lot 16 is
proposed at 3,455 square feet. Given the project is in a P-1; 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 15 and 16).
PAGE 4 OF RESOLUTION NO. 105 - 2017
2. Waiver of the requirement to provide on-site recreational amenities: Section IV of
the Old Blackhawk Road Specific Plan requires that separate but equal amenities be
provided by project homeowners associations created within the Old Blackhawk
Road Specific Plan 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.
3. Waiver of front yard setback for the below market rate units: The Old Blackhawk
Road Specific Plan 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 18' 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).
4. Waivers requested from the following Old Blackhawk Road Specific Plan standards:
minimum side yard setback, aggregate minimum side yard setback, minimum
building -to -building separation, minimum rear yard setback, and the minimum
secondary front yard setback. The Old Blackhawk Road Specific Plan Sub Area 3
requires observance of a 15' minimum aggregate side yard setback, a 15' minimum
building -to -building separation, a 15' minimum rear yard setback for one story
building massing, a 20' minimum rear yard setback for two story building massing,
and 15' minimum secondary front yard setback. The project would create minimum
side yard setbacks in the range of 0' to 7.5' for Lots 12,13,15 and 16 (Lots 15 and 16
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, 14, 15 and 16 in the range of 0' to 14'; would create a minimum rear yard
setback of 7.5' for Lot 15; would create a 14.5' rear yard setback to second story
massing for the residence on Lot 12, and would create a 7.5' rear yard setback to
second story massing for the residence on Lot 15. Given the reduced parcel size for
the below market rate units and in acknowledgment that the development is within
a P-1; 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 parking area provided for each dwelling unit to have a
PAGE 5 OF RESOLUTION NO. 105 - 2017
minimum interior clear width of 20' and to have a minimum interior clear depth of
22'. The location of the below market rate units are constrained dimensionally and
cannot accommodate the provision of a compliant garage.
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 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.
A. GENERAL
1. This approval is for Preliminary Development Plan - Rezoning request
PUD16-0110, Final Development Plan request DEV16-0107, and Major
Subdivision request SD 9347 (SUB16-0110), authorizing the 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 January 9, 2018.
b. Preliminary Stormwater Control Plan, as prepared by MacKay & Somps
and dated January 9, 2018.
c. Preliminary Architectural Plans consisting of 17 sheets, as prepared by
WHA, dated received by the Planning Division on January 9, 2018.
d. Preliminary Landscape Plans, consisting of three sheets, as prepared by
Thomas Baak & Associates LLP, dated received by the Planning Division
PAGE 6 OF RESOLUTION NO. 105 - 2017
on January 9, 2018.
e.. Geotechnical Report, as prepared by Engeo and dated December 18, 2015.
Arborist Report, as prepared by Tim Ghirardelli Consulting Arborist,
prepared on October 4, 2016 and updated on April 5, 2017.
g. Arborist Report, as prepared by Joseph McNeil third party consulting
Arborist, prepared on May 31, 2017.
2. The applicant shall pay any and all Town and other related fees applicable to
the property. 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.
The following fees are due at Final Map approval for the above-mentioned
project:
a. Map Check Fee ......................................................$ 5,217.00
b. Improvement Plan Check Fee .......... 3% of Cost Estimate
C. Engineering Inspection Fee ..............5% of Cost 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) .....................$175,838.00
The following fees are due at Building Permit issuance for the above-
mentioned project:
a. Child Care Facilities Fee .....................................$ 335/ unit
b. Stormwater Pollution Program Fee ....................$ 56/ unit
C. SCC Regional Fee ............................................. $1,320/ unit
d. SCC Sub -Regional Fee ..................................... $ 3,642/ unit
e. Residential TIP Fee .......................................... $ 2,000/ unit
f. Tri -Valley Transportation Fee ........................ $ 3,060/ unit
3. 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 $824.71 ($130.00 plus 279 notices X $0.83 per notice X 3
mailings).
4. 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 been, or will be, met to the satisfaction of
PAGE 7 OF RESOLUTION NO. 105 - 2017
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.
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 $2,216.25. 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.
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 Qualification Standards for prehistoric and historic
archaeologist, shall be retained at the project applicant'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 -eligible resource is encountered, then the archaeologist, lead
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 verification 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 origin, he or she shall notify the Native American
Heritage Commission (NAHC). The NAHC shall then identify the most
likely descendant(s) (MLD) to be consulted regarding treatment and/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 recommendation
regarding the treatment of the remains within 48 hours after gaining access
to the remains, 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
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once the MLD's recommendations have been implemented or the remains
have been reburied if no agreement can be reached with the MLD (Section
5097.98 of the Public Resources Code).
7. Construction activity shall be restricted to the period between the weekday hours of
7:30 a.m. to 5:30 p.m. (Mondays through Fridays), unless otherwise approved in
writing by the City Engineer for general construction activity and the Chief
Building Official for building construction activity. Prior to any construction work
on the site, including grading, the applicant shall install a minimum 3' x 3' sign at
the project entry which specifies the allowable construction work days and hours, and
lists the name and contact person for the overall project manager and all contractors
and sub -contractors working on the job.
8. The 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 windscreen fabric, 85 %
minimum closed mesh with grommets for securing to chain link fabric.
* 9. The applicant shall require their contractors and subcontractors to fit all
internal combustion engines with mufflers, which are in good condition, and
to locate stationary noise -generating equipment as far away from existing
residences as feasible.
* 10. A watering program which incorporates the use of a dust suppressant, and
which complies with Regulation 2 of the Bay Area Air Quality Management
District shall be established and implemented for all on and off-site
construction activities. Equipment and human resources for watering all
exposed or disturbed soil surfaces shall be supplied on weekends and
holidays as well as workdays. Dust -producing activities shall be
discontinued during high wind periods. 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 dust complaint,
shall respond and take corrective action within 48 hours. The BAAQMD's
phone number shall also be visible to ensure compliance with applicable
regulations.
* 11. As part of the initial submittal for the final map, plan check, and/or building
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
PAGE 9 OF RESOLUTION NO. 105 - 2017
approval followed by a description of what the applicant has provided as
evidence of compliance with that condition. The applicant must sign the
report. The report is subject to review and approval by the City Engineer
and/or Chief of Planning and/or Chief Building Official, and may be
rejected by the Town if it is not comprehensive with respect to the applicable
conditions of approval.
* 12. 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.
13. The developer shall create a construction staging plan that addresses the
ingress and egress location for all construction vehicles, parking and material
storage area. This plan shall be subject to review and approval by the Town
prior to the issuance of a grading permit. The construction staging plan shall
not utilize any portion of the nearby roadway system, Old Blackhawk Road.
14. Prior to recordation of the final map, 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 65915)
and the Town's density bonus ordinance (Municipal Code Section 32-74).
* 15. 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) off-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 Building Official. Prior to initiation of each discrete
phase of construction activity, the applicant shall document to the
satisfaction of the City Engineer and the Chief Building Official that
construction phases (e.g., grading, utility installation, paving, building
construction, etc.) do not overlap.
16. The applicant shall be responsible for washing the exterior of abutting
residences, and cleaning pools, patios, etc. at the completion of each phase of
PAGE 10 OF RESOLUTION NO. 105 - 2017
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.
17. Prior to demolition activities, the applicant shall secure a J Permit from the
Bay Area Air Quality Management District (BAAQMD).
18. 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
* 1. All lighting shall be dark sky compliant and installed in such a manner that
lighting is generally down directed and glare is directed away from
surrounding properties and rights-of-way.
* 2. The location of any pad mounted electrical transformers shall be subject to
review and approval by the Planning Division prior to the issuance of a
building permit. To the extent feasible, such transformers shall not be located
between any street and the front of a building.
* 3. Any on-site wells and septic systems shall be destroyed in accordance with
Contra Costa County Health Services Department - Environmental Health
Division regulations. Environmental Health Division permit and inspections
for this work shall be obtained.
4. Project CC&R's shall include language addressing maintenance
responsibilities for all common areas and facilities. This document shall be
submitted to the Town of Danville to be reviewed by the City Attorney prior
to recordation.
5. 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
PAGE 11 OF RESOLUTION NO. 105 - 2017
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.
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. Final landscape and irrigation plans (with planting shown at 1"=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.
* 2. All plant material shall be served by an automatic underground irrigation
system and maintained in a healthy growing condition. Irrigation shall
comply with Town of Danville Landscape Ordinance #91-14 and landscape
guidelines and shall be designed to avoid runoff and overspray. Proposed
common maintenance lawn areas within the project shall not exceed a
maximum of 25 percent of proposed common landscaped areas.
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. All proposed ground cover shall be placed so that they
fill in within two years.
5. The applicant shall be required to plant three trees per lot in the rear yards of lots 1
through 14, with the exception of lots 9 and 3 which shall each be provided a
minimum of eight trees in the rear and exterior side yards. The screen trees shall
include 36" box trees and appropriate species type for immediate screening. The
applicant shall consult with adjacent property owners on the eastern side of the
project as to the desired tree species, number of trees, and the placement of the trees
to be planted for privacy screening, such as screening between windows. These
PAGE 12 OF RESOLUTION NO. 105 - 2017
screen trees are in addition to the street trees and general landscape trees for the
project. Final landscape plans shall be submitted for review and approval by the
Design Review Board (DRB) prior to issuance of building permits for the project.
6. 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.
7. 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 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.
8. The applicant shall consult with adjacent property owners as to the desired and
appropriate height of the respective shared good neighbor fences. Final fence details
shall be submitted for review and approval by the Design Review Board (DRB) prior
to issuance of building permits for the project.
D. ARCHITECTURE
* 1. All ducts, meters, air conditioning and/or any other mechanical equipment
whether on the structure or on the ground shall be effectively screened from
view with landscaping or materials architecturally compatible with the main
structures.
* 2. The street numbers for each building in the project shall be posted so as to be
easily seen from the street at all times, day and night by emergency service
personnel. If the street numbers are less than four inches in height, they shall
be illuminated consistent with the requirements of the Uniform Building
Code.
* 3. 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
PAGE 13 OF RESOLUTION NO. 105 - 2017
concurrent or prior to, the applicant initiating the Building Division plan
check process.
4. 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.
5. The project covenants, conditions and restrictions shall provide a review and
approval process for any proposed repainting or re -roofing of exteriors of the
units in this project.
E. PARKING
1. Project CC&R's shall include language related to the maintenance of the
private road and private street parking.
2. Regulatory signage/curb painting 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.
3. 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.
4. 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.
F. GRADING/ENGINEERING/GENERAL CONSTRUCTION ACTIVITY
* 1. Any grading on adjacent properties would require prior written approval of
those property owners affected.
2. At least one week prior to commencement of grading, the applicant shall
post the site and mail to the owners of property within 300 feet of the exterior
boundary of the project site, to the homeowner associations of nearby
residential projects and to the Town of Danville Development Services
Department, a notice that construction work would commence. The notice
shall include a list of contact persons with name, title, phone number and
PAGE 14 OF RESOLUTION NO. 105 - 2017
area of responsibility. The person responsible for maintaining the list shall be
included. The list shall be kept current at all times and shall consist of
persons with authority to initiate corrective action in their area of
responsibility. The names of individuals responsible for dust, noise and litter
control shall be expressly identified in the notice.
* 3. Development shall be completed in compliance with a detailed soils report
and the construction grading plans prepared for this project. The
engineering recommendations outlined in the project specific soils report
shall be incorporated into the design of this project. The report shall include
specific recommendations for foundation design of the proposed buildings
and shall be subject to review and approval by the Town's Engineering and
Planning Divisions.
* 4. Where soils or geologic conditions encountered in grading operations are
different from that anticipated in the soil report, a revised soils report shall
be submitted for review and approval by the City Engineer. It shall be
accompanied by an engineering and geological opinion as to the safety of the
site from settlement and seismic activity.
5. All development shall take place in compliance with the Town Erosion
Control Ordinance (Ord. 91-25). Restrictions include limiting construction
primarily to the dry months of the year (May through October). If all or part
of the construction does occur during the rainy season, the developer shall
submit an Erosion Control Plan to the City Engineer for review and
approval. This plan shall incorporate erosion control devices such as, the use
of sediment traps, silt fencing, pad berming and other techniques to
minimize erosion. 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.]
* 6. All grading activity shall address National Pollutant Discharge Elimination
system (NPDES) concerns. Specific measures to control sediment runoff,
construction pollution and other potential construction contamination shall
be addressed through the Erosion Control Plan (ECP) and. Storm Water
Pollution Prevention Plan (SWPPP). The SWPPP shall supplement the
Erosion Control Plan and project improvement plans. These documents shall
also be kept on-site while the project is under construction. A NPDES
construction permit may be required, as determined by the City Engineer.
PAGE 15 OF RESOLUTION NO. 105 - 2017
* 7. All new development shall be consistent with modern design for resistance
to seismic forces. All new development shall be in accordance with the
Uniform Building Code and Town of Danville Ordinances.
* 8. All cut and fill areas shall be appropriately designed to minimize the effects
of ground shaking and settlement.
* 9. Stockpiles of debris, soil, sand or other materials that can be blown by the
wind shall be covered.
* 10. If _toxic or contaminated soil is encountered during construction, all
construction activity in that area shall cease until the appropriate action is
determined and implemented. The concentrations, extent of the
contamination and mitigation shall be determined by the Contra Costa
County Health Department. Suitable disposal and/or treatment of any
contaminated soil shall meet all federal, state, and local regulations. If
deemed appropriate by the Health Department, the applicant shall make
provisions for immediate containment of the materials. Runoff from any
contaminated soil shall not be allowed to enter any drainage facility, inlet or
creek.
11. In accordance with Danville Municipal Code 31-11.14 et seq., the applicant
will be required to guarantee the installation of common area improvements
that benefit both created parcels. Said common area improvements will
include shared portions of driveways and the soldier piers. The guarantee
will take the form of a Subdivision Improvement 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.
12. 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.
PAGE 16 OF RESOLUTION NO. 105 - 2017
13. 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 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.
14. 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 remove from
the site. During grading and construction activities, the project applicant
shall maintain a contact person including a phone number, should issues
associated with rodent dispersal occur, and shall monitor these
recommended actions to determine their efficacy.
15. All haul trucks transporting soil, sand, or other loose material off-site shall be
covered.
16. All building pads shall be laid as soon as reasonably feasible after grading
unless seeding or soil binders are used.
17. 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
13, 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.
18. 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.
19. Runoff from any contaminated soil shall not be allowed to enter any
drainage facility, inlet or creek.
PAGE 17 OF RESOLUTION NO. 105 - 2017
20. 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 be installed in the project need to be reviewed
through the building permit review process. 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 project homeowners' association. Final wall design shall
be subject to review and approval by the Planning Division prior to issuance
of grading permits.
G. STREETS
* 1. The applicant shall obtain an encroachment permit from the Engineering
Division prior to commencing any construction activities within any public
right-of-way or easement.
* 2. Street signing shall be installed by the applicant as may be required by the
City Engineer. Traffic signs and parking restriction signs, which may be
required to be installed, shall be subject to review and approval by the
Transportation Division and the Police Department.
* 3. All mud or dirt carried off the construction site onto adjacent streets shall be
swept each day. Water flushing of site debris or sediment or concrete
washing is expressly prohibited.
4. Any damage to street improvements now existing or done during
construction on or adjacent to the project site shall be repaired to the
satisfaction of the Engineering Division by the developer. As determined to
be warranted by the Engineering Division, such repair may include slurry
seal; pavement overlay; and/or street reconstruction. Prior to
commencement of any site work, the project developer shall establish
baseline preconstruction roadway conditions in a manner satisfactory to the
City Engineer for that portion of Old Blackhawk Road.
* 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.
PAGE 18 OF RESOLUTION NO. 105 - 2017
6. 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.
7. Developer shall install stop signs at the two new project intersections and also install
a raised pedestrian crosswalk with activated flashing warning lights at the site of the
existing crosswalk to reduce speeds on Old Blackhawk Road. The crosswalk shall be
designed to be flushed to the top of curb and the drain inlets not blocked.
S. Abutter's rights of access along the public road frontages shall be
relinquished as part of the final map approval.
9. All roadways, driveways, and sidewalks to be paved shall be completed as
soon as reasonably feasible.
10. The applicant shall make provision to stripe curbs and install any necessary
parking or circulation signage, as determined by the Transportation Division.
11. Prior to the approval of the Improvement Plans, the Transportation Division
shall be provided an opportunity to review and approve the location, 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.
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 of the Town of Danville.
4. All runoff from impervious surfaces shall be intercepted at the project
boundary and shall be collected and conducted via an approved drainage
method through the project to an approved storm drainage facility, as
determined by the City Engineer. Development which proposes to contribute
additional water to existing drainage systems shall be required to complete a
hydraulic study and make improvements to the system as required to handle
PAGE 19 OF RESOLUTION NO. 105 - 2017
the expected ultimate peak water flow and to stabilize erosive banks that
could be impacted by additional storm water flow.
* 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 subdivision
shall be under ground, except as follows:
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. Parcel A shall have a private storm treatment facility easement: "The areas
designated as "Storm Treatment Facility Easement" or "STFE" is for 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 plan for this property, including
construction, access and maintenance for these improvements. The
construction of buildings, structures, or other activity which may interfere
PAGE 20 OF RESOLUTION NO. 105 - 2017
with the 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. Ongoing maintenance
within said STFE shall be performed by the homeowners association as
stated in the recorded operation and maintenance agreement."
13. 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.
14. The applicant shall submit a hydrology and hydraulic report for review and
approval by the Town Engineering Services.
I. BIOLOGICAL RESOURCES
1. 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.
2. Prior to tree removal and grading within the development area, a determination shall
be made as to whether grading or tree removal is proposed during the raptor nesting
season (February through August). If grading or tree removal is proposed during the
raptor nesting season, a focused tree pre -construction survey for raptor nests shall be
conducted by a qualified biologist during the nesting season to ideritifii active nests
on the project site. The survey shall be conducted no less than 14 days, and no more
than 30 days, prior to the beginning of grading or tree removal. If nesting raptors are
found during the focused survey, no grading or tree removal shall occur within 500
feet of an active nest until the young have fledged (as determined by a qualified
biologist). If impacts to nest trees are unavoidable, they shall be removed during the
non -breeding season.
3. A nesting survey will be conducted prior to commencing with construction work if
this work will commence between February 1St and August 31St. The nesting survey
shall include examination of all trees within 200 feet of the entire project site. The
survey shall be conducted no more than 14 days prior to the start of work. If birds are
identified nesting on or within the zone of influence of the construction project, a
qualified biologist shall establish a temporary protective nest buffer around the
PAGE 21 OF RESOLUTION NO. 105 - 2017
nest(s). The nest buffer should be staked with orange construction fencing or orange
lath staking. The buffer must be of sufficient size to protect the nesting site from
construction related disturbance and shall be established by a qualified ornithologist
or biologist with extensive experience working with nesting birds near construction
sites. Typically, adequate nesting buffers are 50 feet from the nest site or nest tree
dripline for small birds, and up to 200 feet for sensitive nesting birds that include
several raptor species known in the region of the project site that are not generally
expected to occur at the project site. No construction or earth -moving activity shall
occur within the established buffer until it is determined by a qualified biologist that
the young have fledged and have attained sufficient flight skills to avoid project
construction zones. This typically occurs by July 15th. This date may be earlier or
later and will have to be determined by a qualified biologist. If a qualified biologist is
not hired to watch the nesting birds, then the buffers shall be maintained in place
through the month of August and work within the buffer can commence September
1St.
J. 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 Town, 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' approval concerning this 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, action, or proceeding and cooperate fully in
the defense.
PAGE 22 OF RESOLUTION NO. 105 - 2017
* 4. Use of a private gated entrance is expressly prohibited.
* 5. The location, design and number of gang mailbox structures serving the
project shall be subject to review and approval by the Planning Division and
the local Postmaster.
6. 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. Project 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
Demolition, Renovation, and Manufacturing.
* 7. The proposed project shall conform to the Town's Stormwater Management
and Discharge Control Ordinance (Ord. No. 2004-06) and all applicable
construction Best Management Practices (BMPs) for the site. For example,
construction BMPs may include, but are not limited to: the storage and
handling of construction materials, street cleaning, proper disposal of wastes
and debris, painting, concrete operations, dewatering operations, pavement
operations, vehicle/ equipment cleaning, maintenance and fueling and
stabilization of construction entrances. Training of contractors on BMPs for
construction activities is a requirement of this permit. At the discretion of the
City Engineer, a Storm Water Pollution Prevention Plan (SWPPP) may be
required for projects under five acres.
8. An Operation and Maintenance Agreement and an Operation and
Maintenance Plan for this project is required to be prepared, approved by the
Town and recorded prior to Final Occupancy of the project. These
documents shall designate the homeowners association 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.
9. A project homeowners' association (HOA) shall be created that shall be
responsible for maintenance of the private storm treatment facility, the
PAGE 23 OF RESOLUTION NO. 105 - 2017
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 Town Council at a regular meeting on January 16, 2018, by
the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Arnerich, Blackwell, Morgan, Stepper, Storer
None
None
None
APPROVED AS TO FORM:
CITY ATTORNEY
ATTEST:
CITY CLERK
PAGE 24 OF RESOLUTION NO. 105 - 2017