HomeMy WebLinkAbout2018-02RESOLUTION NO. 2018-02
AppRovtrNG DEVELOPMENT PLAN REQUEST DEVL7-0022 ALLOWTNG FOR
THE CONSTRUCTION OF AN APPROXIMATELY 11,986 +/- SQUARE
FOOT ADDITION TO AN EXISTING 11,298 +/- SQUA.RE FOOT
BUILDING AND THE EXTERIOR REMODEL OF THE
EXISTING BUILDING LOCATED AT 2OO HARTZ AVENUE
(APN: 200-212-017)
WHEREAS, FCGA ARCHITECTURE (Architect) and GALLEO CAPRI (Owner) have
requested approval of a Development Plan request (DEV17-0022) to allow for the
construction of an approximately 11,,986 square foot two-story addition to an existing
1'L,474 + f - square foot building and the exterior remodel of the existing building; and
WHEREAS, the subject .6 acre site is located at2}}HaftzAvenue and is further identified
as Assessor's Parcel Number 202-212-017; and
WHEREAS, the Town of Danville Downtown Business District Ordinance requires
approval of a Development Plan application prior to new commercial developmenU and
WHEREAS, the Planning Commission did review the project at a noticed public hearing on
March 13,2018; and
WHEREAS, the public notice of this action was given in all respects as required by law;
and
WHEREAS, the project has been found to be Categorically Exempt from the requirements
of the California Environmental Quality Act, Class 1, Section 15301; and
WHEREAS a staff report was submitted recommending that the Planning Commission
approve the requesü 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 Town of Danville approves
Development Plan request DEV17-0022per the conditions contained hereiry and makes the
following findings in support of this action:
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Development Plan:
1. The orooosed nroiect is consistent with the Danville 2030 Gen-eral Plan-r- "J--'
The proposed development will constitute commercial structures of sustained
desirability and stability, and will be in harmony with the character of the existing
development in the area, the surrounding neighborhood and the community.
The applicant intends to obtain permits for constructionwithin 18 months from the
effective date of the Development Plan approval.
The proposed development is needed at the proposed location to provide adequate
facilities of the type proposed.
TrafÍiccongestion will notlikelybecreated by the proposed development due to the
proper location of,access to the site and adequate internal plovisions for off-site
parking and access to the municipal parking lots located withirr the downtown area.
6.The proposed development will be an attractive and efficient development which
will fit harmoniously into, and will have no adverse effects upory the adjacent or
surrounding d evelopment.
CONDITIONS OF APPROVAL
Conditions of Approval with an asterisk 7"*") inthe left-hand column are standard project
Conditions of Approval.
Unless otherwise specified, the following conditions shall be complied with prior to the
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 Development Plan request DEV17-0022 allowingfor: The
construction of anl'L,986 + / - squàre foot two-story addition to an existing
1'1.,474 + f . square foot building and the exterior remodel of the existing
building. A portion of the existing building would be converted to
unconditioned space, including the provision of 1"7 interior parking spaces,
resulting in18,36V +f - square feet of conditioned space for the proposed
building. The site is located at 200 H:aftz Avenue and further identified as
APN: 200-212-017. DeVelopment shall be substantially as shown on the
project drawings as follows, except as may be modified by conditions
contained herein;
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PAGE 2 OF RESOLUTION NO. 2OI8-02
Site Plan, Floor Plans, Building Elevations, Roof Plan, and
rletails cnnsisfins of 11 sheet-c. âs nrenared hv FCGAv^rvv!g,r^-r..---J
Architecture, dated received by the Planning Division on
January 3'l..,2018.
11.Conceptual Landscape Plary consisting of one sheet, as
prepared by Camp & Camp Associates, dated received by the
Planning Division March 16,2018.
111.Grading, Drainage, and Stormwater Control Plan consisting of
three sheets as prepared by Humann Company, Inc., dated
received by the Planning Division on March 7,20t8.
The applicant shall pay any and all Town and other related fees that the
property may be subject to. 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 and final approval action. The following
fees estimates are due prior to building permit issuance:
1.. Child Care Facilities Fee ($0.25lsq.ft.)... .. $ 2,503.00
2. Storm Water Pollution Program Fee.... . ...$ 464.00
3. SCC Regional Fee..... ..........$ 22,527.00
4. Commercial TIP Fee ($4.50/sq.ft.)..... $ 45,054.00
5. Tri-Valley Transportation Fee .. . .. . ...$ 75891".00
6. Finish Grading Inspection (Stormwater) Fee. ....$ 198.00
Prior to the issuance of a grading or building permit whichever occurs first,
the applicant shall reimburse the Town for notifying surrounding
neighboring residents of the public hearings for this project. The fee shall be
$340.00 ($130.00 + 48 notices X $0.83 per notice X 2 mailings).
Prior to the issuance a building permit the applicant shall submit written
documentation that all requirements of the San Ramon Valley Fire Protection
District and the San Ramon Valley Unified School District have been, or will
be, met to the satisfaction of these respective agencies. If determined
necessary by the Fire District, one oï more fire hydrants shall be installed in
conjunction with the improvement to the project's frontages.
Construction activity shall be restricted to the period between the weekday
hours of7:30 a.m. to 5:30 p.m. (Mondays throughFridays), 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
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PAGE 3 OF RESOLUTION NO. 2OI8-02
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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
cnncfrrrcfinn r¡¡nrk d.a-¡s and horlrs- and lisfs the name and confact nerson forL.v 4L v,
the overall project manager and all contractors and sub-contractors working
on the job.
The applicant shall provide security fencing, to the satisfaction of the City
Engineer andf or the Chief Building Official, around the site during
construction of the project.
The applicant shall require their contractors and subcontractors to fit all
internal combustion engines with mufflers which are in good conditioru and"
to locate stationary noise-generating equipment as far away from existing
residences as feasible.
A watering program which incorporates the use ef 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 work days. Dust-producing activities shall be
discontinued during high wind periods.
Prior to the issuance of a grading permit, the applicant shall complete an
archeological survey of the site. In the event that subsurfaçe archeological
remains are discovered as the result of the survey or during any construction
or pre-construction activities on the site, all land alteration work within 100
feet of the find shall be halted, the Town's Planning Division notified, and a
professional archeologist, certified by the Society of California Archeology
andf or the Society of Professional Archeology, shall be notified. Site work in
this area shall not occur until the archeologist has had an opportunity to
evaluate the significance of the find and to outline appropriate mitigation
measures, if they are deemed necessary. If prehistoric archaeological
deposits are discovered during development of the site, local Native
American organizations shall be consulted and involved inmakingresource
management decisions.
All physical improvements shall be in place prior to occupancy. If occupancy
within the project is requested to occur in phases, all physical improvements
shall be required to be in place prior to occupancy except for items
specifically excluded in a construction-phases occupancy plan approved by
the Planning Division. No portion of the structure shall be occupied until
construction activity in the adjoining area is complete and the area is safe,
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PAGE 4 OF RESOLUTION NO. 20I.8-02
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accessible, provided with all reasonably expected services and amenities, and
appropriately separated from remaining additional construction activity.
+11 As part of the initial submittal for the building permit review process, the
applicant shall submit a written Compliance Report, detailing how each
condition of approval for this project has beery or willbe, complied with.
This report shall be submitted with the building permit application for the
review and approval of the Planning Division. This report shall list each
condition of approval followed by a description of what the applicant has
provided as evidence of compliance with that condition. The report must be
signed by the applicant. The report may be rejected by the Town if it is not
comprehensive with respect to the applicable conditions of approval.
12.Prior to approval of a building permit, all projects must conform to the
applicable Uniform Building Codes and the California building codes.
*13 Planning Division sign-off is required prior to the completion of a Final
Building Inspection.
B. SITE PLANNING
1 All lighting shall be installed in such a manner that lighting is generally
down-directed and glare is directed away from surrounding properties and
rights-of-way.
Jr 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 p"t-it. To the extent feasible,such transformers shall not be located
between any street and the front of a building.
3.The final project site plan shall reflect the loss of one of the parallel parking
spaces to accommodate the stormwater pollution control basin along East
Linda Mesa.
C. LANDSCAPING
1 Final landscape and irrigation plans (with planting shown at1":20'scale)
shall be submitted for review and approval by the Planning Division and the
Design Review Board. The plan shall include conrnon names of all plant
matêrials and shall indicate the size that various plant materials will achieve
within a five-year period of time.
2. Automatic drip irrigation for all trees and plant material shall be served by
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D. ARCHITECTURE
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an automatic underground irrigation system and maintained in a healtþ
growing condition. Irrigation shall be designed to avoid runoff and
^ttôfcñfâr7v v LroyrqJ .
All trees shall be a minimum of 1,S-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.
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.
On.site landscaping and decorative hardscape shall be maintained in good
shape, with planting material refreshed or replaced as may be necessary to
address dead, failing or damaged planting material.
The project frontages shall be improved to include street trees, brick banding,
and street lights in compliance with the Town's Old Town Beautification
Plan, as determined by the Town.
All landscaping for the project's stormwater control basins shall receive
upgraded landscape treatment similar to the landscape materials approved as
part of the Abigale Place subdivision approval (DEV16-0107), subject to
review and approval by the Design Review Board prior to issuance of
building permits for the project.
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tr All ducts, meters, air conditioning andf or any other mechanical equipment
(including San Ramon Valley Fire Protection District required water valves,
fire hook ups, post indicator valves, and reduced backflow devices) 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 location of the above equipmentf infuastructure shall be
shown on the building permit plans.
All trash and refuse shall be contained within the garbage enclosure, to be
constructed within the retail building, as identified on the project plans.
Doors to the enclosure shall be self-closing and selfJatching. Prior to issuance
of a building permit, the applicant shall document that the trash/recycling
areas are appropriately sized and located. An area drain for the trash
enclosure area shall be provided and shall be connected to the sanitary
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sewer, not the storm drain system. A hose bib shall be provided within the
enclosure to allow for periodic wash-down.
The street numbers for each structure in the project shall be posted so as to be
easily seen from the street at all times, day and night.
Final architectural elevations, details and revisions shall be submitted for
review and approval by the Design Review Board prior to issuance of
building permits for the project.
No window tinting is permitted in any storefront windows or doors without
prior authorization by the Planning Division,
A Master Sign Program shall be required to establish guidelines to ensure a
consistent format that will enhance the overall appearance of the building
and attain good.exposure to the public in a way that is architecturally
compatible with the architecture of the project. The Master Sign Program
shall require prior review and approval of a separate sign applicationby the
Design Review Board.
All temporary signage utilized by the tenants in this retail center shall
conform to the standards for temporary business signage contained within
the Town's Sign Ordinance
Mock-up samples of proposed exterior paint colors shall be provided lor
review and approval by the Design Review Board prior to the painting of the
building.
The applicant shall provide powder coated metal awning options for review
and approved by the Design Review Board prior to issuance of building
permits.
E. PARKING
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1,Prior to the issuance of building permits, the applicant shall pay to the Torn¡n
all applicable parking in-lieu fees, as established under the Town's
Downtown Business District Ordinance and Master Fee Schedule. This fee
shall be subject to the off-site parking in-lieu fees in effect at the time that
building permits for the project are secured. Based on the current fee
amounts, the off-site parking in-lieu fee foi this development haé been
determined to be $409,100.00. This fee estimate is based on the existing uses
in the building, including Troy Foustino Salon, and the proposed uses for the
new building, including a food-to-go restaurant use in a new 1',213 square
PAGE 7 OF RESOLUTION NO.2OI8-02
2.
F. GRADING
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foot ground floor tenant space at the corner of Hartz Avenue and Linda
Mesa and including office use for all new second floor space created by the
nrniecf Thic fee esfirnafe is elsn hesed nn the nlanned nrovision nf 26 nn-siterrvJLLr. I rrrù rvv loLurrqlL ro u¡Ùv vqÙLu
parking spaces and provision to the applicant of a Town credit of 12 parking
spaces for the level of project dependency on municipal parking facilities in
place at the time of project approval. The additional off-site parking demand
created by this project has been calculated to create a 41" space enhanced
dependency on municipal parking facilities over existing conditions. If the
land use mix or intensity should change prior to the issuance of building
permits, the off-site parking in-lieu fee shall be adjusted accordingly. The fee
is also based on the existing limitation that a maximum of six personal work
stations in the 917 square foot personal service tenant space will be observed
- with the extra limitation that no more than four of the workstations will be
used concurrently.
A parking management plan shall be developed by the applicant to formalize
the timing and location of the loading and delivery activities of the project.
The plan shall be submitted for review and approval by the Development
Services Department, and is subject to further review and approval by the
Planning Division six months after occupancy. If necessary, the Planning
Division may require refinements to.the parking management plan. The
plan shall also address the manner in which employee parking will be
managed (i.e., the location of employee parking, enforcement mechanisms
and the means that employee parking restrictions will be tied to individual
commercial leases). A goal of the plan shall be to maximize the availability
of proximate parking in the general area that is available for customer usage.
To implement this condition, the applicant shall include language in all
tenant lease agreements and distribute a copy of the parking management
plan to the tenant.
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Any grading on adjacent properties will require prior written approval of
those property owners affected.
At least one week prior to commencement of grading and demolitiory the
applicant shall post the site and mail to the owners of property within 300
feet of the exterior boundary oÍ the project site, to the homeowner
associations of nearby residential projects and to the Town of Danville
Development Services Department, a notice that construction work will
coÍunence. 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
PAGE 8 OF RESOLUTION NO.2018-02
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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.
Development shall be completed in compliance with a detailed soils and/or
other applicable environmental reports, and the construction/ grading plans
prepared for this project. The engineering reconunendations outlined in the
project specific soils report shall be incorporated into the design of this
project. The report shall include specific Íecommendations for foundation
design of the proposed buildings and shall be subject to review and approval
by the Town's Engineering and Planning Divisions.
Where soils or geologic conditions encountered in grading operations are
different from that anticipated in the soil reporÇ 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 qettlement and seismic 4ctivity
All development shall take place in compliance with the Town Erosion
Control Ordinance (Ord. 19-4). Restrictions include limiting construction
primarily to the dry months of the year (May through October) and, if
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,padberming, and other techniques to minimize erosion.
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.
All cut and fill areas shall be appropriately designed to minimize the effects
of ground shaking and settlement.
Stockpiles of debris, soil, sand or other materials that can be blown by the
wind shall be covered.
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 ánd mitigation shall be determined 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 Department, the applicant shall make
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PAGE 9 OF RESOLUTION NO. 2018-02
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G. STREETS
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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 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). A NPDES construction permit may be
required, as determined by the City Engineer.
Building pad elevations shall be no higher thannecessary to provide positive
drainage away from the buildings.
The applicant shall obtain an encroachment permit flom the Engineering
Division prior to commencing any construction activities within any public
right-of-way or easement.
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 subject property shall be repaired to the
satisfaction of the City Engineer, at full expense to the applicant. This shall
include slurry seal, overluy ot street r".orrrt ,r"tioru if deemed warranted by
the City Engineer.
All improvements within the public right-of-way, including curb, gutter,
sidewalks, drivçways, paving and utilities, shall be constructed in accordance
with approved standards andf or plans and shall comply withthe standard
plans and specifications of the Development Services Department and
Chapters XII and XXXI of the Danville Municipal 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.
Handicapped ramps shall be provided and located as required by the City
Engineer.
6. Public streets shall be improved to the standards in #G.4. above
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PAGE 10 OF RESOLUTION NO. 2OI8.O2
The property owner shall provide for regular vacuum sweeping for the
pervious pavers in the parking lot. Documentation that the property owner
has entered into a contract to perform such maintenance shall be submitted
to the Town prior to issuance of building permits.
H. INFRASTRUCTURE
Domestic water supply shall be from an existing public water system. Water
supply service shall be from the East Bay Municipal Utility District (EBMUD)
water system in accordance with the requirements of the District.
All wastewater shall be disposed into an existing sewer system. Sewer
disposal service shall be from the Central Contra Costa Sanitary District
(CCCSD) sewer system in accordance with the requirements of the District.
Drain4ge facilities and easements shall be provided tq the satisfaction of the
City Engineer andf or the Chief Engineer of the Contra Costa County Flood
Control & Water Conservation District.
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 stornrr drainage facility, as
determined by the City Engineer.
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Roof drainage from structures shall be collected via a closed pipe and
conveyed to an approved storm drainage facility in the street curb. No
concenfrated drainage shall be permitted to surface flow across sidewalks.
Sidewalk drains must be constructed in accordance with Contra Costa
County Standard Plan CD 06.
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 depth of 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.
Electrical, Eãs, telephone, and Cable TV services, shall be provided
underground in accordance with the Town policies and existing ordinances.
All utilities shall be located and provided within public utility easements,
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PAGE 11 OF RESOLUTION NO. 2OI8-02
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I. MISCELLANEOUS
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sited to meet utility company standards, or in public streets.
Â. ll -o.^t ,rfilifioo nonrtinorT ln carr¡a flro rlo.tolnnmonf oLoll Éto incfallorll \rr rlLvv uLurL¡Lù rLYq[vu Lv oLr v L L¡rL sv v v¡vl/rrr
underground.
All street, drainage or grading improvement plans shall be prepared by a
licensed civil engineer.
The joint utility poles and overhead utility cabling that extends across the
property frontages on E. Linda Mesa and Rose Street shall be placed
underground in conformance with Section 31-18.1 of the Danville Municipal
Code.
*The project shall be const{ucted as approved. Minor modifications in the
desigo but not the use, may be approved by staff. Any other change will
require Planning Commission approval through the Development Plan
review process.
The proposed project shall conform to the Town's Stormwater Management
and Discharge Control Ordinance (Ord. No. 94-19) and all applicable
construction and post-construction Best Management Practices (BMPs) for
the site. For example, construction BMFs 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.
The project shall conform to the Regional Water Quality Control Board post-
construction C.3 regulations which shall be designed and engineered to
integrate into the project's overall site, architectural, landscaping and
improvement plans. These requirements are contained in the project's
Stormwater Control Plan and are to be implemented as follows:
A final Stormwater Control Plan (SCP) must be prepared and
submitted as part of the final subdivision map review according to the
adopted Municipal Regional Permit (MRP) that governs land
development in Danville. The Contra Costa Clean Water Program has
developed the 6th Edition Stormwater C.3 Guidebook to assist those
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PAGE 12 OF RESOLUTION NO. 2OI8-02
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who prepare SCP's. Information is available on the Program website
as follows:
http: / / www.cccleanwater.org/ stormwater-c3-guidebook'html
As may be required by the City Engineer and the Chief of Planning,
drawings submitted with the permit application (including structural,
mechanical, architectural, grading, drainage, site, landscape, and
other drawings) shall show the details and methods of construction
for site design features, measures to limit directly connected
impervious area, pervious pavements, self-retaining areas, treatment
(Best Management Practices) BMPs, permanent source control BMPs,
and other features that control stormwater flow and potential
stormwater pollutants.
Prior to building permit final and issuance of a Certificate of
Occupanc/, the.applicant shall execute.any agreements identified in
the Stormwater Control PIan which pertain to the transfer of
ownership and/or long-term maintenance of stormwater treatment or
hydrograph modification BMPs.
Prior to building permit final and issuance of a Certificate of
Occupancy¡ the applicant shall submit, for the Town's review and
approval, a Stormwater BMP Operation and Maintenance Plan in
accordance with the Town of Danville guidelines to ensure that the
storm water pollution control facilities are properly maintained and
operated post construction. Guidelines for the preparation of
Stormwater BMP Operation and Maintenance Plans are in Appendix
F of the Town's Stormwater C.3 Guidebook. The Integrated
Management Practices (IMP) proposed for the treatment areas shall be
consistent with the recornmendations of the Contra Costa Clean
Water Program.
PAGE 13 OF RESOLUTION NO.2018.02
APPROVED by the Danville PlanningCommissionataregular meetingonMarchl-3,2018
by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
APPROVED AS TO FORM:
City Attorney
Bowles, Haberl, Combs, Graham, Radich
Havlik, Heusler, Verriere
Chairman
Chief
PAGE 14 OF RESOLUTION NO. 2OI8.O2
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