HomeMy WebLinkAbout2019-03RESOLUTION NO. 2OL9.O3
RECOMMENDING THAT THE DANVILLE TOWN COUNCIL
ADOPT A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL
SIGNIFICANCE AND APPROVE PRELIMINARY DEVELOPMENT PLAN -
REZONING REQUEST PUD 1.8.0]., VESTING TENTATIVE MAP REQUEST
SUB 1.8.01, FINAL DEVELOPMENT PLAN REQUEST
DEV 18-09 AND TREE REMOVAL REQUEST TR L8-26
(APN: 217-010-008 - TRUMARK HOMES, LLC)
WHEREAS, Trumark Homes, LLC (Applicant and Property Owner) has requested
approval of Preliminary Development Plan - Rezoning request PUD 18-01, Vesting
Tentative Map request SUB L8-01, Final Development Plan request DEV 18-09, and Tree
Removal request TR 18-26, on a 5.05-acre site; and
WHEREAS, Trumark Homes, LLC has invoked state and local density bonus law,
specifically seeking authorization to add two adclitional market rate units into the project
above the sixteen-unit baseline density applicable to a density bonus projecf and
WHEREAS, the project, after provision of a density bonus, would have a development
density of just over 3.5 units per acÍe/ with the density bonus being linked to an applicant
commitment to provide eight attached 5550 square foot accessory dwelling units (aka
" .ÃDUs" or "second dwelling units") in the project as housing appropriate for low income
households; and
WHEREAS, the 5.05-acre subject property is located at the southern corner of the
intersection of Camino Tassajara and Sherburne Hills Road, being further identified as
the Tassajara Nursery Property at 2550 Camino Tassajara and as Assessor's Parcel
Number APN 217-010-008; and
WHEREAS, the Town deemed these applications complete on February 15,2019, and
WHEREAS, these approvals would serve to rezone the property from aP-'1.; Planned Unit
Developrnent District to the proposed new P-1; Planned Unit Development District and
would approve the subdivision of the 5.05 acre site to create 18 single family residential
lots and associated parcels; and
WHEREAS, these approvals would also serve to direct the provision of a minimum of
eight attached 5550 square foot second dwelling units to satisfy the project's density
bonus requirements; and
WHEREAS, these approvals would also provide for final architectural design and
landscape details for the development, and would authorize the removal of seven Town-
protected trees and allow construction activity in proximity to additional onsite and
offsite Town-protected trees; and
WHEREAS, the Town of Danville P-1; Planned Unit Development District Ordinance
requires approval of a Preliminary Development Plan - Rezoning request prior'to
approval of a Major Subdivision and/or Final Development Plan request; and
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WHEREAS, the Danville Tree Preservation Ordinance requires approval of a Tree
Removal permit prior to the removal of Town-protected trees; and
WHEREAS, the development applications were defined a"project" under the California
Environmental Quality Act (CEQA) and the Town of Danville/ upon completion of an
Initial Study and Environmental Checklist (Initial Study) for the project, determined that
adoption of a Mitigated Negative Declaration of Environmental Significance was
appropriate for the projecü and
WHEREAS, the Town of Danville prepared and circulated a Notice of Intent to Adopt a
Mitigated Negative Declaration of Environmental Significance (MND) on March 19,2019,
for a2L-day review period ending on April 9,2019, soliciting review and input from the
public and interested agencies on the MND; and
WHEREAS, on April 9, 2019, the Planning Commission held a public hearing on the
MND and the project and received testimony; and
WHEREAS, a staff report was submitted recommending that the Danville Planning
Commission recommend the Town Council adopt the MND and approve the
development applications; and
WHEREAS, after the conclusion of the public hearings on the MND and the project, the
Planning Commission determined that the Draft MND has been prepared in compliance
with CEQA; and
WHEREAS, the Planning Commission reviewed and considered the information
contained in the MND and the testimony presented at the public hearing prior to making
a recornmendation on the project; and
WHEREAS, the Planning Commission finds that the MND reflects its independent
judgment and analysis; and
WHEREAS, the Planning Commission finds that appropriate mitigation measures were
considered and recoÍrmended for adoption to reduce identified potential project impacts
to a less than significant level; and
PAGE 2 OF RESOLUTION NO.2019.03
WHEREAS, prior to taking action and making this recoÍrmendation to the Town
Council, the Planning Commission declares that it has heard and been presented with,
reviewed, and considered all of the information and data in the administrative record,
including the MND and other documentation relating to the projec! no\M, therefore, be it
RESOLVED that the Planning Commission of the Town of Danville reconunends that
the Town Council adopt the Mitigated Negative Declaration of Environmental
Significance and approve Preliminary Development Plan - Rezoning request PUD 18-01,
Vesting Tentative Map request SUB 18-01, Final Development Plan request DEV L8-09,
and Tree Removal request TR 18-26, authorizing the project site's subdivision into L8
single family residential lots and associated parcels, and makes the following findings in
support of this action:
FINDINGS OF APPROVAL
Preliminary Development Plan - Rezoning
The proposed rezoning of the site to P-1; Planned Unit Development District
(PUD) is consistent with the Danville 2030 General Plan. The proposed residential
development is, with the granting of the requested density bonus, within the
permitted development density under the property's Residential - Single Family -
Low Density (1-3 units per acre) land use designation.
The project site is identified as a Special Concern Area in the General Plan. As
modified by the proposed conditions of approval, the project will be consistent
with the General Plan language for the TassajaraLanefSherburne Hills Special
Concern Area found on Pages 3-51, and 3-52 of the Danville 2030 General Plan.
The proposed uses are compatible with property's proposed P-L; Planned Unit
Development District zoning designation and the uses authorized by zoning on
adjacent and neighboring properties. 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.
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4.The uses authorized or proposed in the land use district are compatible within the
district and to uses authorized in adjacent districts. The proposed infill housing is
an efficient development pattern consistent with surrounding residential
subdivisions and will add to existing infrastructure that services the adjacent
single family residential uses.
PAGE 3 OF RESOLUTION NO. 2019-03
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5.The single family residential development standards for lots <L5,000 square feet
(net) in lot size require observance of specific minimum primary front yard and
secondary front yard setbacks for second-story building massing. In
acknowledgment that the P-l-; Planned Unit Development process provides the
opportunif to flexibly apply development standards to avoid monotonous or
inappropriate neighborhood desigo relaxation of the primary front yard and
secondary front yard setbacks for second-story massing has been deemed a
reasonable and appropriate project-specific development standard.
Final Development Plan - Major Subdivision
The proposed subdivision is in conformance with the goals and policies of the
Danville 2030 General Plan and the site's Residential - Single Family - Low Density
(L-3 units per acre) land use designation.
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 Preliminary and Final Development Plans.
The P-L; Planned Unit Development District is an appropriate zoning designation
for infill projects and lands designated as Special Concern Areas in the General
Plan. Additional detailed findings regarding P-L zoning consistency can be found
under Preliminary Development Plan - Rezoning above.
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 proposed lots.
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 and vicinity of the site.
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 within 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.
The design of the proposed subdivision and proposed improvements would not
conflict with easements, acquired by the public atlarge, for access through or use
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PAGE 4 OF RESOLUTION NO.2019-03
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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.
The project will not cause on-site flooding or add to existing downstream flooding.
The applicant will be required to prepare and submit a detailed
hydrology/hydraulic report for the project in conjunction with the initial
submittal of project improvement plans and submittal of the Final Stormwater
Control Plan. The applicant will be required to document that requisite review
and approval of these documents, with a focus on the project's hydro modification
requirements, has been made by the Contra Costa County Flood Control and
Water Conservation District.
Tree Removal Permit
The project, as proposed, would remove 37 oÍthe71. surveyed onsite and offsite trees. Of
the trees to be removed, seven are designated as protected trees under the Town's Tree
Preservation Ordinance.
The findings below address only the seven trees designated as protected under the
Town's Tree Preservation Ordinance. The conditions of approval for the project present
mitigation measures to address the removal of these trees and to establish direction for a
Tree Protection Plan to address the potential impacts resulting from project development
on other Town-protected onsite and offsite trees that are slated for retention.
Necessity. The primary reason for removal of the 37 trees, including seven Town-
protected trees, is that preservation of those trees would be inconsistent with the
proposed residential development of the property, including the creation of a new
roadway to access the main project area.
Erosion/surface water flow. Removal of the 37 trees, including seven Town-
protected trees, would not cause significant soil erosion oÍ cause a significant
diversion or increase in the flow of surface water.
Visual effects. With respect to other trees in the area, the project site and
immediately abutting area contain a number of additional trees, including Town-
protected Valley Oaks, Coast Live Oak, and California Buckeye trees that would
not be removed for the project. In addition, the applicant will be required to
replace all Town-protected trees to be removed with approved species "oÍ a
cumulative number and diameter necessary to equal the diameter of the tree(s)
which are approved for removal" in accordance with the Town's Tree Preservation
Ordinance
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PAGE 5 OF RESOLUTION NO.201.9-03
4.Removal of the 37 trees, including seven Town-protected trees, would not
significantly affect off-site shade or adversely affect privacy between properties
due to the site's topography, the other trees that would remain, and the locations
of the trees in relation to other properties
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 applicant has not requested any waivers of development standards as part of their
request for a density bonus.
CONDITIONS OF APPROVAL
Conditions qf approval with an aste.risk ç'*") inthe left-hand column are standard project
conditions of approval.
Conditions of approval typed initalicized text are mitigation measures derived from the
Mitigated Negati-ve Declaiation of Environmental significance prepared for the project.
Unless otherwise specified, the following conditions shall be complied with prior to the
Town Council approval of the Final Map or issuance of a grading permit or building
permit for the project. Each item is subject to review and approval by the Danville
Development Services Department unless otherwise specified.
A. GENERAL
1 This approval is for: (a) Preliminary Development Plan - Rezoning request
PUD 18-0L, which requests approval to rezone the 5.05 acre property from
a P-'1,; Planned Unit Development District to a new, project-specific, P-1;
Planned Unit Development District lor a proposed eighteen lot single
family residential projecf (b) Major Subdivision request SUB 1,8-01, a
vesting tentative map application, which requests approval to create
eighteen residential lots and six corrunon parcels, which would constitute
parcels for project roadways, storm water treatment facilities, and for
coûunon project landscaping improvements; (c) Final Development Plan
request DEV 18-09, which requests approval of final development design
for project architecture and project landscape improvements; and (d) Tree
PAGE 6 OF RESOLUTION NO.2019-03
b
Removal request TR 18-26, which seeks authorization to remove seven
Town-protected trees and to allow construction activity in proximity to
additional onsite and offsite Town-protected trees. Development shall be
as shown on the project drawings as follows, except as may be modified by
conditions contained herein:
a.Project Description consisting of eight pages, as prepared by John C.
Willsie, General Counsel, Trumark Homes LLC, dated March 1L,
2019.
Vesting Tentative Tract Map, Existing Conditions, Demolition Plary
Tree Removal Plary Site Development Plan and Sections, Details and
Sections, Preliminary Grading Plan, Preliminary Utility Plan,
Preliminary Erosion Control Plan and Details, Preliminary
Stormwater Control Plan, and Signing and Striping Plan consisting
of eleven sheets, as prepared by MacKay & Somps, dated ]anuary
2019.
Preliminary. Stormwater Control Plan, as prepared by MacKay &
Somps and dated ]anuary 16,2019.
Preliminary Architectural Plans consisting of eight sheets, as
prepared by SDG Architects, hac., dated January 11,2019 (excludes
"Contemporary'B'Exterior Elevations" Sheet for both plans - being
Sheets 4003 and 4008 of the plan submittal).
Preliminary Landscape Plans, consisting of six sheets, as prepared
by Gates & Associates, dated August 28,2018.
Amended Tree Survey and Report, as prepared by Neal Kramer,
Certified Arborist for Live Oak Associates, Inc., dated December L4,
2018.
Environmental Noise Assessment, as prepared by Charles M. Salter
Associates, Inc., dated March 7, 2018.
Phase I Environmental Site Assessment and Preliminary Soil,
Ground Water, and Soil Vapor Quality Evaluatiory as prepared by
Cornerstone Earth Group and dated October 5,2017.
Preliminary Geotechnical Report, as prepared by Cornerstone Earth
Group, Inc., dated September 18,2017.
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PAGE 7 OF RESOLUTION NO. 201,9-03
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The applicant shall pay arry Town and related fees applicable to the
property. These fees shall be based on the current fee schedule in effect at
the time relevant permits aÍe secured and shall be paid prior to issuance of
said permit.
Prior to approval of the Final Map the applicant shall pay the following fees:
i. Base Map Revision Fee (24 parcels @fi94/ ea.)52,256.00
ii. Map Check Fee ...............$ 5,250.00
iii. Engineering Plan Check Fee............3% of cost estimate
iv. Engineering Inspection Fee ..5% of cost estimate
v. Excavation Mitigation Fee (Flood Control)..$ 10,245.00
vi. Park Land in Lieu Fee (18 @ $11,020)..........$ 198,360.00
Prior to issuance of building permits the applicant shall pay the following fees:
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Child Care Facilities Fee $ 335/unit
Stormwater Pollution Program Fee................. $ 81/ unit
Stormwater Pollution Program Fee................. $ 56/ unit
SCC Regional Fee... ...fi1,404/unlt
SCC Sub-Regional Fee........... .....fi3,873/anit
Residential TlP Fee ... $ 2,000/unit
Tri-Valley Transportation Fee........... fi 4,458/urrtt
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Concurrent with the initial submittal of the Final Map, grading plans,
andf or building permits, the applicant shall submit a written Compliance
Report detailing how the conditions of approval for this project have been,
or will be, met. This report shall list each condition of approval followed
by a description of what the applicant has provided as evidence of existing
or future compliance with that condition. The report shall be signed by the
applicant to attest its accuracy and completeness. The report shall be subject
to review and approval by the Danville Development Services Department,
and may be rejected by the Town if it is not comprehensive with respect to
the applicable conditions of approval.
Prior to approval of the Final Map or issuance of grading or building
permits (whichever comes first) the applicant shall submit written
documentation that all requirements of the San Ramon Valley Fire
Protection District (SRVFPD) have been met to the satisfaction of SRVFPD.
SRVFPD's initial comments on this project are dated May 31, 2018. [Note:
Refer to Exhibit D of the project's April 9, 2019 Planning Commission
PAGE 8 OF RESOLUTION NO.201.9-03
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Administrative Staff Report for a copy of SRVFPD's May 31, 2019
comments.]
Prior to the issuance of building permits, the applicant shall provide
documentation to the Town of Danville to confirm that the school
mitigation fees have been paid to the San Ramon Valley Unified School
District (SRVUSD) pursuant to the criteria set forth within California
Government Code Section 65995. SRVUSD's initial comments on this
project are dated September 25, 2018. [Note: Refer to Exhibit D of the
projecfs April 9,2019 Planning Commission Administrative Staff Report
for a copy of SRVUSD's September 25,20L9 comments.]
(AIR QUALITY MND COA) The follouting mitigøtion measures shøll be
implemented during project construction to mitigate potential adaerse impøcts to
air quality:
a. A uatering progrøm uthich incorporates the use of n dust suppressant, and
uhich complies utith Reguløtion 2 of the Bøy Area Air Quali$
Mønagement District shøllbe es.tøblished andimplementedfor on- ønd off-
site construction actiaities.
Equipment ønd human resources for wøtering exposed or disturbed soil
surføces shall be supplied on zoeekends øndholidøys øs zttell as uorkdøys.
Dust-pro ducing actiaities shall be discontinued during high ruind periods.
Stockpiles of debris, soil, sand or other materials that cnn be blorun by the
r.oind shøll be coaered.
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e The øpplicønt shall post ø publicly aisible sign ruith the point of contacts
(nøme, number, and emøil) for the project superintendent andfor the Toutn
of Danaille regarding dust complaints. The project superintendent shall
tøke appropriøte correctiae action utithin 48 hours of receiaing ø dust
complaint. The phone number for the Bay Areø Air Quølity Mønagement
District (BAAQMD) shøll also be cleørly displøyed on the publicly aisible
project sign to direct concerned parties to the BAAQMD tuith an intent to
help ensure compliance ruith applicøble øir quølity construction øctioity
reguløtions.
Prior to demolition actiaities, the øpplicant shøIl secure a I Permit from the
Bøy Area Air Quølity ManagementDistrict (BAAQMD).
Att høul trucks trønsporting soil, sand, or other loose materiøl off-site shøtt
be coaered.
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PAGE 9 OF RESOLUTION NO. 2019-03
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h.All building pads shall be Inid as soon øs reasonably feøsible øfter grading
unless seeding or soil binders øre used.
(AIR QUALITY MND COA) Idling times of construction equipment shøll be
minimized either by shutting equipment off ruhen not in use or by reducing the
møximum idling time to 5 minutes (øs required by the Cøliforniø øirborne toxics
control measure Title 13, Section 2485 of Caliþrnia Code of Reguløtions [CCR]).
Clear signøge støting these operation støndørds shall be proaided by the applicant
for construction uorkers at øll project access points.
(AIR QUALITY MND COA) Prior to construction øctiaity, construction
equipment shøll be checked by ø certified aisible emissions eaøluator. AII
construction equipment shøllbe maintøined andproperly tunedin øccordønce utith
m anufn ctur er sp e cifi c atio n s .
(NOISE MND COA) Prior to any construction uork on the site, including
grading, the øpplicant shøIl install a minimum 3' x 3' sign at the proiect entry
uthich specifies tlæ allotttøble construction zttork days and hours, and lists the nøme
ønd contøct person for the oaerall project manager ønd all contractors and sub-
contractors zuorking on the job. Construction actiaity shøll be restricted to the
period bettoeen the ueekdøy hours of 7:30 ø.m. to 5:30 p.m. (Monday through
Friday), unless otherzuise øpproaed in writing by the City Engineer for generøl
construction øctiaity and the Chief Building OfficiøI for building construction
actiaity.
(NOISE MND COA) The applicant shall require contractors ønd subcontrøctors
to fit internal combustion engines uith mufflers and to locøte stationary noise-
generøting equipment øs før aruøy from existing residences øs feøsible.
(NOISE MND COA) Construction Equipment Mufflers ønd Mnintenønce. AII
internal combustion engine-driaen equipment utilized on the project site and ølI
støtionøry noise sources shøllbe equipped zuith intøke and exhaust mufflers thøt are
møintøined in good condition and øre equipment-specific øccordance uith the
manuføcturers' recommendøtions for the respectiae equipment utilized,
(NOISE MND COA) Construction Equipment Idling. The npplicønt shøll tøke
reasonable ffirts to assure unnecessãry idling of internøl combustion engines is
minimal.
(NOISE MND COA) Equipment Locations. Stationøry noise-generating
equipment shøll be locøted øs før øs reøsonøbly feøsible from sensitiae receptors.
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PAGE 10 OF RESOTUTION NO. 2OL9-03
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(NOISE MND COA) Construction Trffic. Construction trffic to ønd from the
construction sites shøIl be routed øs directed by the City Engineer and the
Transportation Manager of the Dønuille Deaelopment Seraices Department.
Construction-reløted heaay truck trffic is prohibited from trøaeling through
residential øreøs ønd shallbe routed onto major roødrttays and as far from sensitiae
receptors as feasible.
(NOISE MND COA) Quiet Equipment Selection. To the extent feøsible, the
project shnll make use of quiet construction equipment, particulnrly øir
compressors. Air compressors ønd pneumøtic equipment shøll be equipped with
muffIers, and impøct tools shall be equipped utith shrouds or shields. fNote: " Quiet
construction equipment" is considered to be equipment that typically generates
noise leuels 5 dBA louter thøn thøt of comparable equipment.l
(NOISE MND COA) Noise Construction Liøison. A noise construction liaison
shøll be designated by the øpplicønt to ensure coordinøtion befutteen construction
støff and property or.ttners ønd residential and commercial tenants ruithin 350 foot
radius from the externalboundøries of the project site. These property ozaners and
tenants shnll be notifled in rttriting of the contøct information for the construction
Iiøison.n minimum of 15 days.prior to the initiøtion of construction or pre-
construction øctiaity.
(NOISE MND COA) Exterior-to-Interior Noise Mitigøtion. Exterior building
øssemblies shøll be sound-rated as deemed necessøry by the project acousticøl
engineer to reduce trønsportation noise to the CNEL 45 dB interior noise goal set
forth in the Døm:ille 2030 General Plan for residentiøl uses. Sound-rating
assemblies for ruindouts and exterior doors shall be as cølled for in Figure 2 of the
proj ect' s Enaironmentøl N oise Assessment, unless otherzoise dictated by the proj ect
øcoustical engineer at the time of submittal for building permits. Sound insulations
ratings shall be for the complete utindout and door assembly, including glass and
frøme, as bøsed on Inboratory test reports of similar sized sømples from an NVLAP
accredited lab. Windouts and exterior doors shøll be assembled uith sound
insuløtion røtings of up to Sound Transmission Cløss (STC) 37, øs applicable.
(NOISE MND COA) Un-shielded Trffic Noise Mitigøtion. To reduce the
impøcts of trffic noise to øpproximøtely CNEL 65 dB from Camino Tassøjørø and
Sherburne HiIIs Road to the bnckyard øreøs for proposed Lots 1, 11- and 12, the
project precast concrete zuøll to be placed at the Cømino Ramon property lines for
these three lots and at the Sherburne Hills Roød property line for Lot 1 shøll be
constructed with a residence-side wall height of seaen þet. To reduce the impacts
of trffic noise to approximately 60 dB from Sherburne Hills Roød to the baclcyørds
of proposed Lots 2 ønd 3, the proposed precast concrete ruall to be pløced at the
Sherburne Hills Road property line for these tttto lots shall be constructed ruith ø
residence-side tuall height of seuen feet.
PAGE 1.1. OF RESOLUTION NO.2019-03
19.(CULTURAL RESOURCES MND COA) In response to the project comments
dated September 24, 2018 from the Northruest Information Center Sonoma State
lJniaersity regørding the project's potentiøl to ødaersety ffict cultural (i,e.,
ørchaeological, nøtiae Americøn, and/or built enaironment considerations), the
applicant shall arrange for a quølifled archaeologist to conduct ørchiaøl and field
study of the project site, supplementing the preaious study (Porter L980) that
coaered øpproximntely 1,0% of the proposed project areø to identifu culturøI
resources that may be present nt the project site. Prior to commencement of
demolition utork and prior to the issuance of a grading permit, the applicant shøll
document to the Toun's søtisfaction thøt appropriate coordination ruith the
Northrttest Information Center Sonoma Støte Uniaersity ut)as secured reløtiae to
the scope ønd methodology of the supplementøl study. Initiøl comments on this
project from the Northroest Information Center Sonoma State t lniuersity øre dated
September 24, 2018. fNote: Rtft to Exhibit D of the project's April 9, 20L9
Plønning Commission Administrøtirte Støff Reportfor a copy of the September 24,
2018 comments.l
(CULTURAL RESOURCES MND COA) In the eaent thøt subsurface
archeological remains are discoaered during øny construction or pre construction
actizsities on the site: (a) all land alteration uork ruithin L00 feet of the fnd shøllbe
halted; þ) the Toutn of Dønaille Deaelopment Seroices Department shøIl be
notified; and (c) ø professionøl archeologist, certified by the Society of Caliþrniø
Archeology and/or the Society of Professional Archeology, shall be notifed. Site
zuork in this øreø shøll not occur until the ørcheologist høs had an opportunity to
eaaluøte the significance of the find and to outline øppropriate mitigation meøsure+
if they are deemed necess{try. lf prehistoric archaeologicøl deposits øre discoaered
during deaelopment of the site, local Nntiae American orgønizøtions shnll be
consulted and inaolaed in møking resource management decisions If subsurføce
deposits belieaed to be culturøl or human in origin nre discoaered during the
construction of the project, all utork shøll halt uithin a 200-foot rødius of the
discoaery and a quølified ørchaeologist, meeting the Secretary of the Interior's
Quølificøtion Standards for prehistoric andhistoric ørchaeologist, shnllbe retained
at the øpplicønt's expense to eaaluate the significance of the fnd. Work shøll not
continue at the discouery site until the ørchaeologist conducts sufficient research
and døta collection to møke a determinntion that the resource is either: (ø) not
cultural in origin; or, (b) not potentiølly signiflcant or eligible for listing on the
Nationøl Register of Historic Places or the Caliþrnia Register of Historical
Resources. If a potentiølly-eligible resource is encountered, then the archøeologtst,
leød øgency ønd applicant shall ãrrange for either: (ø) totøl auoidance of the
resoL:rce, if possible; or (b) test excaaøtions to euøIuate eligibility ønd, if eligible,
dntø recoaery øs mitigation. The determination shøll be formally documented in
ruriting and submitted to the leød ûgency and filed roith the Northroest Information
Center as aerificøtion thøt the proaisions in this mitigøtion measlme høae been met.
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PAGE 12 OF RESOLUTION NO. 2OL9-03
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(CULTURAL RESOURCES MND COA) If humøn remøins of any kind øre
found during construction actiaities, all actiaities shall cease immediøtely, and the
Contrø Costø County Coroner be notifled as requiredby støte larc (Section 7050.5
of the HeøIth ønd Safety Code). If the coroner determines the remøins to be of
Nøtiae Americøn origin, he or she shall notifu the Natiue American Heritøge
Commission (NAHC). The NAHC shall then identifu the most likely descendant(s)
(MLD) to be consulted regarding treatment and/or reburiøl of the remains (Section
5097.98 of the Public Resources Code). If an MLD cannotbe identifed, or the MLD
føils to møke ø recommendøtion regørding the treøtment of the remains zoithin 48
hours after gøining øccess to the remains, the Torun shall rebury the Nøtiae
Americønhuman remøins and øssociated grøae goods tuith appropriate dignity'i)n
the property in a locøtion not subject to further subsurføce disturbance. Work cøn
continue once the MLD's recommendøtions haae been implemented or the remains
høae been reburied if no agreement cøn be reached ruith the MLD (Section 5097.98
of the Public Resources C-ode).
The applicant shall provide security fencing, as deemed necessary and to
the satisfaction of the Danville Development Services Department, around
the construction site during construction of the project. All security fencing
shall be fitted with wovên polyetþlene privacy and windscreenfabric,'85%
minimum closed mesh with grommets for securing to chain link fabric.
Prior to approval of the Final Map the applicant shall reimburse the Town
for notifying surrounding neighboring residents of the public hearing. The
fee shall be $756.03 ($130.00 plus 1.47 notices X $0.83 per notice X 3
mailings).
The applicant shall contact the Planning Division of the Danville
Development Services Department to schedule a site visit for review and
approval prior to release of final Building Inspection sign-off for the initial
residence completed in the projec! for the tenth residence completed in the
project and for the second to last residence completed in the project.
The applicant shall create a construction staging plan that addresses the
ingress and egress location for all construction vehicles, parking and
material storage area. This plan shall be subject to review and approval by
the Danville Development Services Department prior to the issuance of a
demolition permit or a grading permit. All construction staging shall be
done on site. The construction staging plan shall indicate that construction
vehicle access to Camino Tassajara shall be limited to access from the
property's frontage along Sherburne Hills Road andf or from the existing
driveway connection to Camino Tassajara located at the northeast corner of
the property.
PAGE 13 OF RESOLUTION NO. 2OL9-03
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26.
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The applicant shall work with the Town to prepare an affordable housing
agreement (Agreement) for the project, addressing the developmenf
retentiory and tenant occupancy of the eight attached for rent below market
rate accessory dwelling units (BMR ADUs) to be provided in the project as
a result of the project's approved density bonus. The Agreement 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). \tVhere rented during the term of the
Agreement, the BMR ADUs shall be rented at an affordable rate, as set by
the California Department of Housing and Community Development to be
affordable to low income households. Prior to approval of the Final Map
Agreement shall be subject to review and approval by the Town Council
prior to recordation of the Final Map for the project. In additiory a deed
restriction shall be recorded with the Contra Costa County Recorder in
accordance with the Town's Accessory Dwelling Unit Ordinance
precluding concurrent use of the second units and the respective primary
residence as rental units. Compliance with this condition of approval does
not preclude future property owners in this subdivision beyond the owners
of the primary residences containing the eight BMR ADUs from building
attached or detached ADUs in compliance with the Town's Second
Dwelling Unit Ordinance and state law.
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 subject to review and approval by the Danville Development Services
Department. 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. Prior to initiation of each
discrete phase of construction activity, the applicant shall provide
documentation verifying that construction phases (e.g., grading, utility
installation, paving, building constructiory etc.) are not conflicting and do
not inappropriately overlap.
The applicant shall be responsible for washing the exterior of abutting
residences, an:rd cleaning pools, patios, etc. at the completion of each phase
of project mass grading activity. The applicant shall submit a proposed list
of residences to receive cleaning, a summary of the proposed extent of the
28.
PAGE 14 OF RESOLUTION NO.2019=03
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2
cleaning efforts to be performed, and the proposed timing and frequency
of such cleaning for review and approval by the Danville Development
Services Department.
29 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 Danville Development Services Department
as part of the business license application process and shall be fully
processed by the Town prior to the home occupation use cornmencing. The
home occupation use must be clearly ancillary to the primary use of the
property (i.e., single family residential).
B. SITE PLANNING
(AESTHETICS MND COA) All buildings shall be designed so that reflectiae
surfaces øre limited, ønd exterior lighting is doutn-lit ønd illuminates the intended
ørea only. Prior to issuønce of a building þermit, the øpplicant shøll submit øn
exterior lighting plan for reoieut ønd approaal by the Dønaille Deaelopment
Sensices Department that includes the follouing requirements: (ø) exterior
lighting shall be directional; þ) the source of directional ligþting shall not be
directly aisible; and (c) aegetatiae screening shallbe installed, uthere øppropriøte.
Prior to approval of the project improvement plans, the location of any
above-grade mounted electrical transformers shall be subject to review and
approval by the Danville Development Services Department. To the extent
feasible, such transformers shall not be located between any street and the
front of a building.
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.
Minimum yard setbacks for primary residences in the project shall be as
follows:
Primary front yard setbacks: 20' (15'for side loaded garages and open porches)
Secondary front yard setbacks: 15' (L0' for open porches)
Rear yard setbacks: 25'Minimum (including attached open porches)
Side yard setbacks: 1.0'Minimum
Aggregate side yard setbacks: 20'Minimum
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4.
PAGE 15 OF RESOLUTION NO. 2OL9.O3
An exception to these setback minimums is granted for the setbacks for
residences on Lots 9 and 10 relative the easement and road section for the
emergency vehicle turnaround to be located between these two lots, where
the minimum setbacks shall be substantially as depicted on Sheet 5 of the
Vesting Tentative Map submittal cited in Condition of Approval 4.1(b).
For clarificatiory the building setback from the south corner of the residence
on Lot 6 to the south project boundary shall be handled as a side yard
setback condition and therefore shall be a 10' minimum setback. All other
development standards, allowed uses and conditional uses, shall be as
listed under the Town's R-LO; Single Family Residential District Ordinance.
tr
C. LANDSCAPING
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*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 and
planting design shall comply with EBMUD Section 31. Outdoor Wøter Use
regulations and the Model Water Efficient Landscape Ordinance (M\AIELO)
in conjunction with the Town of Danville Landscape Ordinance #91.-'1.4 for
landscape guidelines. All irrigation 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
ateas.
All trees shall be a minimum of L5-ga11on 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 25o/o of the true shrubs planted in the project shall be L0 or 1,5-
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 consulting arborist shall be on site to supervise the removal of trees and
installation of solider piers for fencing to ensure the work is performed in a
manner that protects trees immediately adjacent to the project site.
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PAGE 16 OF RESOLUTION NO. 2OL9.O3
6 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
exteri,or 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 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 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.
*
D. ARCHITECTURE
1
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fr 4
All ducts, 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 height,
they shall be illuminated consistent with the requirements of the Uniform
Building Code.
Prior to issuance of building permits, final architectural elevations and
details shall be submitted for review and approval by the Design Review
Board (DRB). Seven full size sets of construction drawings and one LL" x
17" set of construction drawings for the project shall be submitted to the
Danville Development Services Department for DRB prior to, or concurrent
witlu the applicant initiating the building permit plan check process with
the Building Division of the Danville Development Services Department
plan check process.
Prior to issuance of building permits, samples of final exterior building
materials and the proposed color palette shall be submitted for review and
approval by the DRB.
Additionally, DRB's review shall include review and approval of the plan
types and architectural schemes utilized for all the lots created in the
project.
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PAGE 17 OF RESOLUTION NO. 2OL9-03
6 All good neighbor fences and HOA-maintained wood fences shall be
constructed with solid materials and reflecting a substantial design. Fence
posts shall be constructed of pressure treated Douglas Fir, or an approved
equivalent, and shall have a minimum 4"x 6" full cut dimension. Bottorn
kickboards shall have a minimum 2" x10" full cut dimension. Fence boards
shall be 1" fullcut dimension material. Top cap and bottom cap rails shall
have a minimum 2"x 6" full cut dimension where there is no dado cut for
the fence boards and shall have a minimum 3" x 6" full cut dimension if
there is to be a dado "U" cut of the top cap rail or "L" cut for the bottom
cap rail. Side cap rails shall have a minimum 2"x 2" fuII cut dimension.
Interior side yard and rear yard good neighbor fences may be extended to
a height of 7' where the top 12" to 15" section is lattice fencing fully
wrapped with2"x6" railing. Where lattice is utilized, it shall be 3/8th inch
by 1, 1/z inch vertical and horizontal lattice as generally depicted on the
project plans.
The project sound wall/architectural wall along the project's Sherburne
Hills Road and Camino Tassajara frontages shall be revised from the
proposed design to be a design consistent with the wall design used
throughout the Sycamore Valley Specific Plan Area.
Project entry signage proposed for the project shall be subject to the Sign
Review application process.
The applicant is required to provide final project design details to the
Design Review Board that include a design focus on how the entry
treatment within the triangular area at the northeast corner of Camino
Tassajara and Sherburne Hills Road will complement the entry treatment
in place for the abutting Lasata project. If the treatment provided does not
virtually match that for the Lasata project (in terms of the size and shape of
the accent landscape area; the height and "cadence" of steps for the
surrounding masonry wall; and the plant material utilized, etc.), the
applicant shall provide a detailed written explanation of why
complimentary treatment is not being proposed. Note is taken that the
location of the northwest property line for proposed Lot L0 may be affected
by the process of refining the entry area treatment.
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9
E. BIOLOGICAL
1 (BIOLOIGICAL RESOURCES MND COA) If demolition or construction
actiuity (e.g., structure or hørdscøpe demolition, tree remoaal, grøding, road
construction, home construction, etc.) is to occur rcithin the raptor nesting season
PAGE 18 OF RESOLUTION NO. 2OL9-03
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(i.e., betrueen February 1 rmd July 31.), ø pre-construction surcey of the property
for nesting raptors shøllbe conducted, utith such suruey to occur øminimum of 15
døys prior to planned commencement of demolition or construction øctioity. The
nesting surrey shøll include examinøtion of all trees within 200 feet of the area
proposed for demolition or construction actiztity. If birds are identified nesting on
or uithin the zone of proposed demolition or construction øctiuity, a qualified
biologist shall estøblish ø temporary protectiue nest buffer around the nest(s).
IMere protectizte nest buffering is deemed necessnryt the nest buffer(s) shall be
støked zuith orønge construction fencing or orange løth støking. The bffir shøIlbe
of sufficient size to protect the nesting site from demolition or construction reløted
disturbance and shall be estøblished by a quølified ornithologist or biologist toith
extensiae experience ruorking utith nestingbirds near construction sites. Typicølly,
ødequate nestingbffirs are 50 feet from the nest site or nest tree dripline for small
birds, and up to 250 feet for sensitiae nesting birds thøt include seaerøl røptor
species knoutn in the region of the project site. No demolition, construction or
earth-moaing øctiaity shall occur ruithin the established buffer until it is
determined by a quølified biologist thøt the young haae fledged ønd haue øttnined
sufficient flight skills to au¡oid project construction zones. This typicølly occurs by
JuIy L5th of eøch yeør. This date may be earlier or løter and shøll be determinedby
the qualified ornithologist or biologist.
(BIOLOGICAL RESOURCES MND COA) The øpplicant shall møke payment
of the 92,354.75 Caliþrnia Depørtment of Fish and Wildlife (CDW CEQA
Enaironmentøl Document Filing Fee, or the øpplicable fee in place at the time of
project approaal if that fee is higher, ruithin four days of the effectiae døte of the
project approaal, unless the øpplicønt submits to the Toutn of Danaille ø utritten
explanation as to the bøsis, under CøL Code Regs,, tit. '14, SS 15260-15333 and
Fish t G. Code, S 71-1-.4, subd. (d)(L), thnt the project is exempt from paying filing
fee. A copy of this utritten explanation shøll concurrently be forroarded to CDFW.
(BIOLOGICAL RESOURCES MND COA) The follouing recommendøtions
shall be obseraed/implemented to help reduce impacts to trees from deaelopment
and to maintain and improae their henlth øndaitality through the cleøring, grøding
and construction phases of the project.
a.Any chønges to the plans fficting Town-protected trees shall be reaiezued
by the Consulting Arborist roith regørd to potentiøl tree impøcts. These
include, but are not limited to, changes to project demolition pløns, site
plans, project improaement plans, utility ønd drainøge plans, grading
plans, and landscape ønd irrigøtion plans.
The aerticøl and horizontøl locøtions of the Torun-protected trees thøt are
slated for retention, rtthether onsite trees or offsite trees, ruith at leøst 15%
J.
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PAGE 1.9 OF RESOTUTION NO. 2OL9-03
c
of their tree dripline extending into the project site, shøllbe estøblished and
plotted on all pløns. Once trunklocations for such trees øre plotted on pløns,
they shatt be reaieuted by the Consulting Arborist ruho shøll høue the
responsibility to øssess potentiøl impøcts to indiuidual trees ønd to establish
tree protection zones for such trees. No grading, excøaøtion, construction
or storøge of materials shøll occur within that zone.
To the extent reasonøbly feasible, underground seraices, including utilities,
sub-drøins, utater or sezr)er, shøll be routed around tree protection zones.
INhere encroachment cannot be øaoided, special construction techniques,
such as hnnd digging or tunneling under roots, shøll be employed to
minimize root injury.
Tree Preseraation Notes, prepared by the Consulting Arborist, shøll be
included on øIl plans.
Irrigation systems shall be designed so thøt no trenching would occur
utithin ø tree protection zone.
Any herbicides pløcëd under paaing materiølS must be safe þr use arouind
trees and labeled for thøt use.
If lime treatment is to be øpplied on the property in conjunction with site
grading and/or site preparation, it shall not occur uithin 50' of any
identifled Town-protected tree to be preseroed.
The demolition contrnctor and construction superintendent shall meet uith
the Consulting Arborist beþre beginning utork to discuss uork procedures
ønd tree protection measures.
Tree pruning of identified Town-protected trees møy be required to cleøn
the crown and/or to proaide construction clearønce.IMere such pruning
zuill occur, it shallbe doneby ø State of CøliþrniøLicensedTree Contrøctor
(C61./D49 license) and øII pruning shall be done by Certified Arborist or
Certified Tree Worker in øccordancc utith the Best Management Practices
for Pruning (Internøtional Society of Arboriculture, 2002) and adhere to
the most recent editions of the Americøn Nøtiannl Støndard for Tree Care
Operøtions (2133J-) and Pruning (A300).
Structures, underground features, nnd existing hardscøpe thøt is to be
remoaed for the project ruithin tree protection zones shall use the smøllest
equipment feasible for the rttorkperþrmed, uhich shall operate from outside
the fficted tree protection zone. The Consulting Arborist shøll be onsite
d.
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PAGE 20 OF RESOLUTION NO. 2019-03
k.
during all operøtions utitLtin the tree protection zone to monitor such
demolition nctiaity.
Prior to initiating construction actiuity, aII contractors ruorking in the
oicinity of Town-protected trees slated for preseraation shall meet uith the
Consulting Arborist at the site to reaieut øll work procedures, access ro"utes,
storøge nreøs and tree protection measures.
Any grnding, construction, demolition or other utork that is expected to
encounter tree roots shøllbe monitoredby the Consulting Arborist.
Construction trailers, trffic ønd storage areas shall remøin outside of
identified tree protection zones øreøs øt all times.
Prior to grøding, pad prepøration, excøaøtion for foundations, footings,
utalls, or trenching, trees requiring root pruning outside the tree protection
zone shall be done by cutting all roots cleønly to the depth of the excøaation.
Roots shøll be cut by manuølly digging a trench and cutting exposed roots
uith a sau, aibrating knife, rock saut, or other approaed root pruning
equipment. The'Consulting Arborist shall identifu zuhere root pruning is
required ønd monitor øll root pruning.
INhere there is 2' or more of fill placed zoithin the dripline of an identified
Toutn-protected tree, aerøtion improaements shallbe installed. These shall,
at a minimum, include proaision of a 4" drain line place at naturøl grøde
prior to fill, The number ønd pløcement of drain lines shall be øs directed
by the Consulting Arborist.
Prior to tLte issuønce of grøding or building permits, ø security deposit in
the amount of the assessed aalue of the tree(s) (calculøted pursuønt to the
Toutn's Tree Protection Ordinønce) shall be posted with the Toutn to
maximize the probability that the fficted trees ruill be retøined in good
heølth. The applicant shsll be required to secure øn øppraisøl of the condition
ønd ualue of all fficted trees. The appraisøl shsllbe done in accordance r.ttith
the current edition of ihe "Guide for Establishing Values of Trees and Other
Plants," by the Council of Tree and Landscøpe Appraisers under the
auspices of the International Society of Arboriculture. The øpprnisøl shøll
be perþrmed by ø Certified Arborist, and shall be subject to reaiezu ønd
approaøl by the Chief of Planning. A tree preseruation agreement shøll be
prepared thøt outlines the intended and allortted use of funds posted as a tree
presentation security deposit. Thøt portion of the security deposit still held
by the Toutn tzoo full grouing sensons øfter project completion shøll be
returned upon uerification thøt the trees couered by the deposit are as
m.
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PAGE 21 OF RESOLUTION NO. 2OL9-03
4.
F.GRADING AND SOILS
Any grading on adjacent properties would require prior written approval
of those property owrlers 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
ãxterior boundary of the project site, to the homeowner associations of
heatthy as can be proaided for under the terms of the tree preseroation
agreement.
q. Focused applicant attention shall be giaen to minimizing adaerse proiect
impacts to the existing offtit Redtuood trees lying to the ruëst of Lot 1' that
are locøted in the side yard øreø of 327 MontoyaWay.
(BIOLOGICAL RESOURCES MND COA) To compensate for the proposed
remoaal of identifed Tozun-protected trees, the applicant shnll assure the
implementation of the þIlottting meøsures:
a. The applicønt's Consulting Arborist shall cølculøte the total inches of
diameter of Town-protected trees to be remoaed, as of the døte of the grading
permit øpplicøtion (i.e., the "TotøI Inches"), ønd submit thøt calculation to
the Planning Diaision of the Danaille Deaelopment Seroices Department.
The øppticaht shatl be required to repløce the identifled Toutn-protected
trees to be remoaed with a number and size of oak trees equal to the total
inches of th" diameter of the trees to be remoaed. The required tree
mitigøtion planting may be part of the proiect's landscape plan.
b. It is currently estimated thøt all mitigation oak trees cannot be
accommodated onsite. Onsite mitigation trees shøllbe either lí-gallon size
trees (credited øt ø ratio of 2" per tree toward the aggregate replacement
plønting) or 2L-inchbox size trees (credited at ø røtio of 4" pey tree toward
the aggyegate replacement ptanting).- Tree mitigøtion planting that cannot
be accommodnted onsite shatt be høndled through the applicant's payment
of øn in-tieu fee, which shatlbe made payable to the Toutn of Dønttille. This
in-lieu fee shøll be in the amount of $135 .00 per off-site mitigation tree. This
mitigation fee is bøsed on a 61-35.00 installed cost per lí-gallon tree
indicated in recently øpproaed Tozon-sponsored capitøl ímprouement
projects. The in-lieu mitigation funds re,ceioedby the Tozttn utillbe applied
to øn account chosen by the Toun for use by the Dønuille Møintenønce
Depørtment staff to allout the purchase andplønting of beautiflcation trees
utithin the Tozun of DønviIIe
1.
2.
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PAGE 22 OF RESOLUTION NO. 2OL9-03
3
nearby residential projects and to the Danville Development Services
Department, a notice that construction work will commence. The notice
shall include a list of contact persons with name, title, phone number and
area of responsibility. The person responsible for maintaining the list shall
be included. The list shall be kept current at all times and shall consist of
persons with authority to initiate corrective action in their area of
responsibility. The names of individuals responsible for dust, noise and
litter control shall be expressly identified in the notice.
(GEOLOGY/SOLS MND COA) The follozoing conditions shøll be met to the
satisføction of the Dønaille BuildingDiuision of the Danaille Deaelopment Seraices
Depørtment:
Sepørate building permits shall be secured for the retaining ualls that are
oaer 4' in height, as measured from the bottom of the footing to the top of
the zoall and/or ztthere the retaining zuall uill support ø surchørge loød.
Separøte building permits shall be secured þr retaining walls thøt support
the access roød, uith such utalls required to be built in adaance of the
proposed construction of the ttoo additional homes at the project locøtion.
(Refer to Californiø Residential Code ICRCI R105.2, Item 3.)
AII site drøinøge and foundøtion drainage systems shall be directed to an
approaed storm utøter disposal locøtions, ruhich shnllbe clearly identifud on
the project plans. Drainage easements for these føcilities shall be detøiled
on the project plans ønd shall be record.ed. Precise depictions of existing
and plønned drainage easements shall be included as part of the project
improaement plans and shall be subject to reaieut and approaøl by the
Building Diaision nnd the Engineering Diaision of the Dønaille
D ea elopment S eraice s D ep artment.
The design and construction of neru residences, accessory structures ønd
utilities shall be consistent zttith the "Geotechnicnl Feøsibility Reuiew"
preparedby Cornerstone Earth Group,Inc. and døted September 18,201.7.
(GEOLOGY/SOIS MND COA) Deaelopment shøllbe completedin compliønce
ruith a detailed soils report ønd the construction grading plans prepøred for this
project. The engineering recommendøtions outlined in the project speciftc soils
report shall be incorporøted into the design of this project, The report shall include
specific recommendøtions for foundation design of the proposedbuildings ønd shøII
be subject to reaieru and approaal by the Engineering nnd Planning Diaisions of
the D ønaille D eaelopment Senti ces D ep ør tment.
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PAGE 23 OF RESOLUTION NO. 2OL9-03
6
5.
10
11.
(GEOLOGY/SOLS MND COA) Where soils or geologic conditions encountered
in grøding operntions øre different from thøt ønticipated in the soil yeport, a reaised
soils report shall be submitted for reaieut and approaøl by the Dønaille
Deaelopment Seruices Depørtment. It shallbe øccompaniedby an enginee,ring and
geological opinion øs to the saþty of the site from settlement and seismic actiaity.
(GEOLOGY/SOILS MND COA) All deaelopment shall tøke pløce in compliance
ruith the Tozon Erosion Control Ordinance (Ord. 91--25). Restrictions include
limiting construction primørily to the dry months of the year (Møy through
October).If øll or part of the construction does occur during the rainy season, the
npplicant shøll submit øn Erosion Control Plan to the Dønuille Deaelopment
Seraices Department for reaieut and approaøL. This pløn shøll incorpornte erosion
control deaices such øs, the use of sediment trøps, silt fencing, pød berming and
other techniques to minimize erosion. All aisible mud or dirt track-out onto
adjacent priaate or public roads shall be remoaed using utet pouter ancuuÍn street
sTzeepers, zttith a minimum frequency of øt leøst once per døy. The use of dry pou)er
srueeping for this cleaning is expressly prohibited.
(GEOLOGY/SOILS MND COA) AII neru deaelopment shøll be consistent with
modern design for resistønce to seisrnic forces. AII netu deoelopirn¿nt shøll be in
øccordance zoith the Uniþrm Building Code andToutn of Danaille Ordinances.
(GEOLOGY/SOIS MND COA) AII cut and fill areas shøII be appropriately
designed to minimize the effects of ground shøking and settlement.
(GEOLOGY/SOLS MND COA) If toxic or contaminated soil is encountered
during construction, ølI construction actiaity in thøt area shall ceøse until the
appropriøfe action is determined and implemented. The concentrations, extent of
the contamination ønd mitigation shøIlbe determinedby the Contrø Costa County
Health Department. Suitøble disposøl and/or treatment of øny contøminated soil
shall meet all federal, state and local regulations. If deemed nppropriøte by the
HealthDepørtment, the applicønt shall make proaisions for immediøte containment
of the møteriøls.
(GEOLOGY/SOIS MND COA) Runoff from any contøminated soil shøll not
be alloued to enter any drainage facility, inlet or creek.
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
appropriate, following the Danville Development Services Department's
review of the specialist's assessment, the applicant shall develop and
7
8
9
PAGE 24 Oß RESOLUTION NO. 2079-03
12.
implement the corresponding rodent control plan to reduce impacts to
surrounding properties to the extent reasonably possible for the time
periods of heavy tonstruction 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 Danville Development Services Department.
Prior to ground disturbing activities, the 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 applicant shall
maintain a contact person including a phone number, should issues
associated with rodent dispersal occur, and shall monitor these
recoûunended actions to determine their efficacy.
Concurrent with the submittal of the final grading plans, the applicant shall
submit a plan detailing all project retaining walls greater than 4' in height
(with this height standard as measured from the base of any proposed wall
footing) and all other retaining walls determined to be installed. 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 are proposed to be maintained by the project homeowners'
association. Final retaining wall design shall be subject to review and
approval by the Danville Development Services Department prior to
issuance of grading permits.
(GEOLOGY/SOIS MND COA) In order to minimize potentiøl impncts from
expansiae soils, seismic settlement, the potential presence of liquefiøble soils, ønd
the presence of shøIlout ground loøter, a Final Geotechnical Report shallbe prepared
thøt expands upon the findings and recommendøtions of the Preliminary
Geotechnical Feasibility Reaieut prepøred for the project. The final proiect plans
shall incorporøte the finalized geotechnical recommendøtions ønd shall be subject
to reaieru nnd øpprooalby the Dønaille Deaelopment Seraices Department prior to
issuønce of ø building permit.
The applicant shall obtain an encroachment permit from the Engineering
Division prior to commencing any construction activities within any public
right-of-way or public easement.
PAGE 25 OF RESOTUTION NO. 2OT9.O3
i\
13.
1.4.
G. STREETS
*1
2.Regulatory signage / curb painting for the non-parking side of the interior
public and private roadways shall be provided, as may be deemed
necessary and appropriate, to the satisfaction of the San Ramon Valley Fire
Protection District and the Danville Transportation Division.
Street signing shall be installed by the applicant as determined to be
necessary by the Danville Development Services Department during the
Town's review of the project improvement plans. Traffic signs and parking
restriction signs shall also be subject to review and approval by the Danville
Transportation Division and the Danville Police Department.
(TRANSPORTATION MND COA) Any damage to streetimprouements found
existing or found construction on or ødjøcent to the project site shallbe repøiredby
the øpplicant to the søtisfaction of the Engineering Diaision. As determined
zuarrønted by the Engineering Dioision, such repair may include slurry seøl;
paaement oaerløy; and/or streetreconstruction. Prior to commencement of any site
work, the npplicant shall establishbaseline preconstruction roødtuøy conditions in
a manne4 and coaering an appropriate section of Sherburne Hills Roød, Fieldstone
Drhte, .Fieldstone Drive, Fieldstone Court, ønd Cømino Tassajørø, søtisfactory to
the D anoille D eaelopment Seraice s D ep artment.
To facilitate the Town's review of the project improvement plans, that
applicant shall submit an up-to-date title report for the subject property to
the Danville Development Services Department. All improvements within
the public right-of-way, including curb, gutter, sidewalks, driveways,
paving and utilities, shall be constructed in accordance with approved
standards andf or plans and shall comply with the standard plans and
specifications of the Danville Development Services Department and
Chapters XII and XXXI of the Town Code.
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
Plan104a&b.
As part of the final map, abutter's rights of access along the existing and
proposed public road frontages shall be relinquished. An exception to this
requirement is granted for the existing private vehicular easement at the
northeast corner of the project site. The easement serving APN 217-010-003
(2570 Camino Tassajara) may continue to be provide interim access for
project fiaffic and for vehicular traffic accessing to and from APN 217-0L0-
003.
,r
*
3.
4.
5.
6
7
PAGE 26 OF RESOLUTION NO. 2OI9-O3
8.The applicant shall have the financial obligation to cover the estimated
future costs associated with the conversion of the interim private vehicular
connection to Camino Tassajara located at the northeast corner of the
project site into an emergency vehicular access (EVA) with a public trail
access easement (PTAE). The planned future improvements shall be
described on a deed notification that shall be recorded against each lot
created in the project. The deed notification language subject to review and
approval by the Development Services Department prior to the approval of
the final map. The conversion of the interim private vehicular connection
would occur at a future date through a Town-sponsored capital
improvement project occurring after a Town-determination that
appropriate alternate vehicular access to APN 217-010-003 (the 6.75-acre
Hakam S. and Simrat Misson Trust property) has been established that
would allow vehicular traffic associated with existing and future
development on that property to access Camino Tassajara at its signalized
intersection with Sherburne Hills Road. Preparation of construction-detail
improvement plans for the future EVA / PTAE improvements shall be the
responsibility of the applicant, with the design to be detailed as a phased
future improvement on the project improvement plans. Prior to approval
of the final map, the design of the future EVA / PTAE, and the requisite
corresponding adjustments to: (a) interim hardscape improvements; (b)
project architectural sound walls; (c) pedestrian walkway improvements;
(d) sidewalks along the project frontage for Camino Tassajara; and (e)
interim applicant-installed landscape and irrigation improvements shall be
subject to review and approval by the Danville Development Services
Department and the San Ramon Valley Fire Protection District. The
applicant shall make a front-end financial contribution to the Town in an
amount equivalenttol2l% of a Town-approved engineer's estimate for the
improvements for the change from interim private vehicular connection to
an EVA / PTAE. The improvements to be installed in the future shall
include, among other things: (a) an extension of the architectural sound
walls on either side of the interim vehicular access to narrow the interim
wall " gap" as narrow as deemed functionally feasible for the approved
EVA; (b) demolition of interim hardscape, landscaping and irrigation
improvements; (.) installation of final hardscape, landscaping and
irrigation improvements; and (d) installation of ultimate frontage
improvements on Camino Tassajara needed to establish the EVA / PTAE.
The PTAE shall link to onsite improvements and easements in a manner
that would ultimately allow public trail access from Camino Tassajara
through the project site to the project's southern boundary for pubic trail
access to the planned ultimate creek side trail system planned along
Sycamore Creek.
PAGE 27 OF RESOLUTION NO. 2OL9.O3
9 Prior to approval of the Final Map or approval of project improvement
plans, the project improvement plans shall be modified as deemed
necessary and appropriate by the Danville Transportation Division to meet
the intent and requirements of the Transportation Division comments
contained in their November 2,2018 comment memorandum. [Note: Refer
to Exhibit D of the projecfs April 9, 2019 Planning Commission
Administrative Staff Report for a copy of the Transportation Division's
Novembe r 2, 2018 comments.]
The applicant shall make a provision to stripe curbs and install any
necessary parking or circulation signage, as determined by the
Transportation Division.
Prior to the approval of the project improvement plans, the Transportation
Division shall be provided an opportunity to review and approve the
locatiory type and design of any proposed speed control devices, as well as,
the location of any related signage or street striping.
The applicant shall be responsible for the installation of offsite public
improvements associated with the closure of the temporary vehicular
connection serving the Valerosa project at Fairwood Court and Camino
Tassajara. The closure of this temporary vehicular connection was
anticipated and mandated through the approval of the Valerosa project (see
Condition of Approval #I.1.4 of Town Council Resolution No. 164-97 for
Planned Unit Development - Rezoning request PUD 98-04 and Final
Development Plan - Major Subdivision requests DP97-'1.4 and DSD 8078).
The improvement plans prepared for the Valerosa project included plans
for both the interim and ultimate roadway conditions for this area. The
developer of the Valerosa project made a fi22,500 payment to the Town in
L998 that was to be applied to the future improvements. The applicant for
current project shall update the improvement plans to the satisfaction of the
Development Services Department and shall be responsible for the
installation of the improvements. The previously collected payment of
fi22,500 held by the Town will be applied to the project costs. The timing of
installation of these improvements, as well as the timing to allow Valerosa
residents to use interim and ultimate project roadways in the current
project, is subject to review and approval by the Development Services
Department prior to the approval of the final map.
*10.
*11,.
12.
PAGE 28 OF RESOLUTION NO.2Oi19-03
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 EBMUD.
EBMUD's initial comments on this project are dated September 19,2018.
[Notes: See Advisory Comment #2 for EBMUD's project comments and
refer to Exhibit D of the project's April 9, 2019 Planning Commission
Administrative Staff Report for a copy of SRVUSD's September 25,2018
comments for project Development Data and Water Services Data.]
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. The
District's initial comments on this project are dated September 24,2018.
[Note: See Advisory Comment #3 for summation of the District's
comments.]
Drainage facilities and easements shall be provided for review and
approval to the satisfaction of the Danville Development Services
Department.
1
2
3
*
*
4.
5.
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 Danville Development Services Department.
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 depth of the storm drain.
6*
7*
PAGE 29 OF RESOLUTION NO. 2OT9-O3
tr 8
tr 9
tr 10
*11
12.
The applicant shall furnish proof to the Danville Development Services
Department 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:
a.Equipment appurtenant to underground facilities, such as surface
mounted transformers, pedestal mounted terminal boxes and meter
boxes, and concealed ducts; or
b. Metal poles supporting street lights.
All street, drainage or grading improvement plans shall be prepared by a
licensed civil engineer.
Parcels A, B, and C shall be improved with private storm treatment facilities
and shall be encumbered with the following easement language: "Parcels
A, B, and C are designated as "Storm Treatment Facility Easements" or
"STFEs" and are for the exclusive purpose to collect and treat stormwater
and for housing the related improvements and appurtenances associated
with the stormwater treatment facilities approved on the stormwater
control plan for this property. Easement rights include construction, access,
and maintenance for these improvements. The construction of buildings or
structures, or the introduction of other activity which may interfere with
the planned performance of the stormwater treatment facilities is strictly
prohibited unless specifically approved in advance by the Danville
Development Services Department. In addition, development rights within
said STFEs are hereby offered in dedication to the Town of Danville.
Ongoing maintenance within said STFEs shall be performed by the project
homeowners association as stated in the associated recorded Operation and
Maintenance Agreement."
Easements marked to be quitclaimed on the Vesting Tentative Map shall be
quitclaimed and recorded prior to Final Map approval.
13.
PAGE 30 OF RESOLUTION NO. 2OL9-O3
1,4.
I. MISCELLANEOUS
1,
*2.
*J.
The applicant shall prepare and submit a detailed hydrology/hydraulic
report for the project for review and approval by the Danville Development
Services Department. The report shall be submitted to the Town in
conjunction with the applicanfs initial subrnittal of project improvement
plans and the submittal of the Final Stormwater Control Plan for the project.
The applicant shall document to the Town's satisfaction that the requisite
review of the hydrology/hydraulic report, with a focus on the project's
hydro modification requirements, has been made by the Contra Costa
County Flood Control and Water Conservation District.
*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 Revised Final
Development Plan review process.
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.
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, actiory or proceeding against the Town or its agents, officers, or
employees to attack, set aside, void, or annul, the Town' approval
concerning these development applications, 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.
Use of any private gated entrance in the project is expressly prohibited.
(HAZARDS AND HAZARDOUS MATERIAI-S MND COA) Although the
Phøse 1 Enaironmental Site Assessment prepøred by Cornerstone Earth Group,
4.
5.
tr
PAGE 31 OF RESOLUTION NO. 2OL9-03
6
dated October 5, 2017 indicates that no significønt impøcts from the 1,000-gøllon
underground stornge tank (UST) uere detected during the inaestigøtion for the
Phnse 1 report, pockets of impacted soil, aapor and/or ground utøter møy be
encountered in the aicinity of the UST during.remoaal of the UST or construction
øctioities. A Site Management Pløn (SMP) andHeølth and Snfety PIan (HSP) shøll
be prepared thøt establishes øppropriate management prøctices for handling suspect
conditions (e.g., soil utith øn odor or discoloration) or structures, if encountered
during constru ction øctiuities.
(HAZARDS AND HAZARDOUS MATERIALS MND COA) Prior to
demolition actiaities, an øsbestos suTuey shøllbe conductedby øn Asbestos Høzard
Emergency Response Act (AHERA) and Californiø Diaision of Occupational
SofttV and Heølth (CaI/OSHA) certifed building inspector to determine the
presence or øbsence of asbestos containing-møteriøls (ACMs). If ACMs ørelocøted,
abøtement of asbestos shøIl be completed prior to any actiaities thøt utould disturb
ACMs or create øn airborne øsbestos hazard. Asbestos remoaal shall be perþrmed
by a State certified asbestos containment contrøctor in øccordønce utith the Bøy
Area Air Quality Management District (BAAQMD) Regulation'1L, RuIe 2.
(HAZARDS AND HAZARDOUS MATERIALS MND COA) If paint is
separated from building materials (chemically or physically) during demolition of
the structures, the pøint zttaste shøllbe eaaluated independently from the building
materiøl for leød by ø quøIified Enaironmental ProfessionøL. If lead-based pnint is
found, the applicønt shøllbe responsible for abatement, ruhich shallbe completedby
ø qualified Leød Specialist prior to øny actiuities that utould creøte lead dust or fr*t
hazard. Lead-based pøint remooal and disposøl shall be perþrmed in accordance
with Catifoinia Code of Regutation Title B, Section 1-532.1-, ruhich specifies exposure
limits, eL?osure monitoring and respiratory protection, ønd mandates good worker
practices by utorkers exposed to leød. Contractors perþrming lead-based paint
remoaøl shøll proaide eaidence of crbatement actiuities to the Torun Engineer.
(HAZARDS AND HAZARDOUS MATERIALS MND COA) lf the øsbestos
containing-materials (ACM) report determines there øre ACMs present, the
applicant shøll høae the responsibility to:
a. Remoae and dispose øIl ACM in øccordønce ruith øpplicable Federal, Stnte
nnd local regulations goaerning øsbestos including, but not limited to those
promulgatedby OSHA, EPA, Ca\-OSHA, CaI-DPH, DTSC, nnd the Bøy
Areø Air Quølity Mønagement District (BAAQMD);
Supply notification to employees, contractors, subcontrnctors, and tenants
høaing access to the buildings on the project site øs to the presence, location,
and quøntitV of ACMs documented to be present øt the site, zttith such
notification to occur uithin 15 døys of receiaing such information;
7
8.
b.
PAGE 32 OF RESOTUTION NO. 2OL9.O3
c.
d.
Retention of ø Støte of Caliþrniø licensed and CøI-OSHA registered
asbestos contrøctor to complete the recommended pre-demolition abøtement
of nlt ACM at the site;
Proaision of a 10 toorking day minimum øduanced turitten notification to
BAAQMD prior to demolition actiaities (ruith said notice to be
accompaniedby payment of requisite ødministratiae fees); ønd
Proaision of an "Intent to Conduct ACM Reløted Work' notification to
Cal-OSHA.
e
9
10.
11
(HAZARDS AND HAZARDOUS MATERIALS MND COA) If thelend-based
paint (LBP) report determines there are LBPs present, the applicant shallhøae the
responsibility to: (ø) remoae ønd dispose all LBPs in accordønce ruith øpplicable
Federal, Støte ønd local reguløtions; þ) adaise contøctors engaged in utork at the
site thøt LBPs are present and that said LBPs shall only be impøcted by properly
trøined utorkers, using appropriøte leød-related utork prøctices in compliance utith
applicøble CøI-OSHA rttorker exposure reguløtions; and (c) proaision of an "Intent
to Conduct Lead ReløtedWork' notificøtion to CaI-OSHA.
(HYDROLOGY AND WATER QUALITY MND COA) A permit is required
from the Contra Costa Heølth Seraices Department - Emtironmentøl Health
Diaision (CCEH) for any utell or soil boring prior to commencing drilling
actioities, including those øssociated utith rttøter supply, enaironmental
inaestigøtion and cleanup, or geotechnical inaestigation.
(HYDROLOGY AND WATER QUALITY MND COA) Any abandoned ruells
(ruater, enaironmentøl inaestigøtion, or geotechnicøl) and septic tønks shall be
destroyed under permit from Contrø Costa County Heølth Seruices Department -
Enaironmentøl Health Diaision (CCEH). If the existence of such utells or septic
tønks are known in adaance or discoaered during construction or other øctiaities,
these must be clearly mørked, kept secure, nnd destroyed pursuant to CCEH
reguiations
(UTILITIES AND SERVICE SYSTEMS MND COA) The proposedproject shall
conform to the Toutn's Stormtuøter Management ønd Discharge Control
Ordinance (Ord. No. 2004-06) and all applicable construction Best Mønagement
Practices (BMPs) for the site. For exømple, construction BMPs may include, but
are not limited to: the storage and høndling of construction møterials, street
cleaning, proper disposal of utastes and debris, painting, concrete operøtions,
deuøtering operøtions, paaement operøtions, aehicleþquipment clenning,
møintenønce and fueling and stabilization of construction entrances. Trøining of
contrøctors on BMPs for construction øctiaities is ø requirement of this permit. At
12.
PAGE 33 OF RESOLUTION NO. 2OL9.O3
13
1,4.
15
the discretion of the Danaille Deztelopment Seroices Department, a Storm Water
Pollution Preaention Plan (SINPPP) møy be required for projects under fiae acres.
(HYDROLOGY AND WATER QUALITY MND COA) AII grøding actiaity
shøll address National Pollutant Discharge Elimination System (NPDES)
concerns. Specific meûsures to control sediment runoff, construction pollution ønd
other potentiøl construction contømination shøllbe addressed through the Erosion
Control Plan (ECP) and StormWater Pollution Preaention Plan (SINPPP). The
SWPPP shall supplement the Erosion Control Plan ønd project improuement
plans. These documents shøll øIso be kept on-site uhile the project is under
construction, A NPDES construction permit may be required, øs determined by
the D ønaille D eoelopment S eraice s D ep artment.
(HYDROLOGY AND WATER QUALITY MND COA) Prior to
commencement of øny site ruork thøt wiII result in ø lønd disturbønce of one acre
or rnore in areø, the øpplicant shall submit eaidence to the Tor.ttn that the
requirements for obtaining a Støte General Construction Permit høae been meL
Such euidence may be the copy of the Notice of lntent (NOI) sent to the State Water
Re sour ces Control B o ar d,
(HYDROLOGY AND WATER QUALITY MND COA) The proiect shall
conform to the Regional Wøter Quality Control Boørd post-construction C.3
regulations zuhich shall be designed and engineered to integrøte into the project's
oaerall site, ørchitectural, løndscaping and improaement plnns, These requirements
øre contained in the project's Stormtttater Control Pløn and areto be implemented
øs follotos:
a.Prior to issuønce of permits for building, site improaements, or
løndscapins, the permit øpplication shall be consistent rttith an approaed
Stormtuater Control Plan ønd shall include drawings ønd specificøtions
necessary to implement øll measures in the øpprotsed plan. The permit
øpplication shøll include ø completed Construction Pløn C.3 Checklist as
describedin the Tolln's Stormzuater C,3 Guidebook,
As møy be required by the Danrtille Deaelopment Seraices Depørtment,
drøzoings submitted with the permit application (including structural,
mechønical, architectural, grading, drainøge, site, løndscape, a.nd other
drazuings) shøll show the detøils ønd methods of construction for site design
feøtures; meøsures to limit directly connected imperaious areø; peraious
paaements; self-retaining areøs; treatment Best Manøgement Prøctices
(BMPs); permanent source control BMPs; ønd other feøtures that control
stormtttater floru ønd potentiøl stormrttater pollutønts.
b
PAGE 34 OF RESOLUTION NO. 2019-03
c Prior to øpproaal of the Finøl Møp, the øpplicønt shall execute øny
øgreements identified in the Stormruater Control PIan ruhichpertain to the
tiansþr of otunership ønd/or long-term maintenance of stormzuater
treøtment or Ltydrogrøph modification BMPs.
d Prior to approaøl of the Final Map, the øpplicønt shall submit, for the
Tol.ttn's reaieut and øpproaal, n Stormtoøter BMP Operation and
Maintenønce Pløn in øccordønce roith the Toutn of Danuille guidelines.
(HYDROLOGY AND WATER QUALITY MND COA) A fnøl Stormruater
Control Plan (SCP) shall be prepøred ønd submitted as part of the Finøl Møp
reaiertt. The Contra Costa Cleøn Wøter Program høs derteloped the 7tn Edition
Stormzuater C.3 Guidebook to assist those ruho prepare SCP's. lnformation and
guidance øre msailable on the Program utebsite øs follotus:
ht tp : ", ttroro. cccle anru ater.or I /c3- guideb ook.html.
(HYDROLOGY AND WATER QUALITY MND COA) The project is in the
Søn Ramon Creek utatershed. Consistent zuith FC District recommendations, the
project is required to mitigate its potential ødaerse drainøge impacts upon the San
Rømon Creek ruatershed. Toutard that end, the applicønt shnll mitigate the impøct
of ødding stormtttøter runoff into the San Ramon Creek wøtershed by either of the
folloruing methods:
a.Remoae L cubic yard of chønnel excnaøtion møterial from the inødequate
portion of Søn Rømon Creek for each 50 squøre feet of neztt imperaious
surface ørea created by the deaelopment. All excaaated materiøI shall be
disposed of off-site by the øpplicønt at his outn cost. The site selection, lønd
rights, ønd construction staking ruill be perþrmed by the Contrø Costa
County Floo d D istrict I Water Consera ntion D istrict (F C D istrict) .
oL upon zoritten requestby the øpplicønt:
Proaide for a cash payment in lieu of øctual excøaation and remoaøl of
materiøl from the inadequate portion of San Ramon Creek. The cash
payment zoill be cølculated øt ø rate of 60.L0 per squøre foot of neru
imperaious surface ørea createdby the deaelopment. The added imperaious
surface area created by the deaelopment uill be bøsed on the FC District's
standørd imperoious surface area ordinønce. The FC District tttill use these
funds to zrtork on Søn Rømon Creek annually. The mitigation fee for this
project uillbe bøsed on the increase of imperuious ørea. The applicønt shøll
supply a uorksheet to the FC District, ruhich includes a scølable møp thøt
shoztts the square footøge of the existing ønd proposed imperoious øreøs.
1.6.
17
b.
PAGE 35 OF RESOLUTION NO. 2019-03
18
19.
20
21,
22.
(HYDROLOGY AND WATER QUALITY MND COA) INhen sites øre
deaeloped, debris from construction or demolition actiaity shøll go to a solid uaste
and/or recycling fncitity that complies ruith the applicable requirements ønd can
taufully accept the materiøl (e.g., solid zuaste permit, EA Notificøtion, etc.). The
debris shall be transported by ø høuler that can løzufully transport the møteriø\.
Debris bins or boxes of one cubic yørd or more outned by the collection seruice
operator shøll be identifed with the name and telephone number of the agent
seruicing the contøiner.
(UTILITIES AND SERVICE SYSTEMS MND COA) The proposed project shall
conform to the Toron's Stormruøter Mønagement and Discharge Control
Ordinance (Ord. No.2004-06) and øIl øpplicable construction Best Manøgement
Prøctices (BMPs) for the site. For example, construction BMPs møy include, but
are not limited to: the storage and handling of construction møteriøls, street
cleaning, proper disposal of roastes ønd debris, pøinting, concrete operations,
detuatering operations, paaement operations, aehicleþquipment cleaning,
maintenance ønd fueling and støbilization of construction entrances. Trøining of
contractors on BMPs for construction øctiaities is ø requirement of this permit. At
the discretion of the Dønaille Deaelopment Seraices Department, ø StormWøter
Pollution Preaention Plhn (SINPPP) møy be requiredfor projects under fiae øcres.
(UTILITIES AND SERVICE SYSTEMS MND COA) All grading øctioity shall
øddress Nationøl Pollutant Dischørge Eliminøtion System (IVPDES) concerns.
Specific measures to control sediment runoff, construction pollution and other
potentiøl construction contaminøtion shall be addressed through the Erosion
Control PIan (ECP) and StormWøter Pollution Preaention Plan (SINPPP). The
SWPPP shøll supplement the Erosion Control Pløn and project improaement
plans. These documents shall ølso be lcept on-site ruhile the project is under
construction. A NPDES construction permit may be required, øs determined by
the D anaille D eaelopment S eraices D ep ar tment.
(UTILITIES AND SERVICE SYSTEMS MND COA) Prior to commencement of
nny site uork that uill result in a lønd disturbønce of one acre or more in ørea, the
øpplicant shøll submit eaidence to the Toutn thøt the requirements for obtøining n
State General Construction Permit haae been met. Such euidence møy be the copy
of the Notice of Intent (NOI) sent. to the Støte Water Resources Control Board.
(UTILITIES AND SERVICE SYSTEMS MND COA) The project shøll conform
to the Regionøl Wøter Quality Control Board post-construction C.3 regulations
which shall be designed and engineered to integrøte into the project's oaerøIl site,
architectural, løndscøping ønd improaement pløns. These requirements are
contøined in the project's Stormruøter Control Pløn and øre to be implemented as
folloztts:
PAGE 36 OF RESOLUTION NO. 2079-03
b
a.Prior to issuønce of permits for building, site improtsements, or
løndscøpinç, the permit applicøtion shall be consistent. utith an øpprooed
Stormzoater Control Pløn ønd shøll include drawings ønd specifications
necessary to implement all meøsures in the approaed plan. The permit
application shall include a completed Construction Plan C.3 Checklist øs
described in the ToTItn's Stormtttater C.3 Guidebook.
As møy be required by the Dønaille Development Seraices Department,
drawings submitted roith the permit øpplication (including structurøL,
mechønical, architectural, grading, drøinøge, site, landscøpe, ønd other
drmaings) shøIl shoru the details and methods of construction for site design
feøtures; meøsures to limit directly connected imperuious areø; peruious
pauements; self-retnining øreøs; treøtment Best Mønøgement Practices
(BMPs); permanent source control BMPs; ønd other feøtures thøt control
stormruater flozu ønd potential stormtttater pollutants.
Prior to building permit fnal and issuance of ø Certificate of Occupancy,
the applicant shøll execute any agreements identified in the Stormtttater
Control Pløn uthich pertain to the transfer of orunership ønd/or long-term
maintennnce'of stormzttater treatment or Lty dro grøph modification B MP s.
Prior to building permit final ønd issuance of a Certifcøte of Occupancy,
the applicnnt shall submit, for the Toutn's reaieut ønd øpproaø\, ø
Stormzttater BMP Operntion ønd Mainten{trnce PIan in øccordance ruith the
Toun of Danaille guidelines. Guidelines for the preparation of Stormtuater
BMP Operation ønd Maintenønce Pløns øre in Appendix F of the Tol.un's
S tormro øter C.3 Guidebook.
(UTILITIES AND SERVICE SYSTEMS MND COA) Prior to issuance of
grading or building permits for the project, the applicønt, project general
contractor, and øppropriøte project sub-contractors shall øttend a pre-construction
meeting with the assigned Engineering Diuision and Stormzttøter inspection staff
to discuss the project SCP and related IMPs and to discuss the inspection process
to be used to øssure IMPs are instøIled consistent uith the SCP.
(UTILITIES AND SERVICE SYSTEMS MND COA) Written Engineering
Dittision or Stormruater Progrøm inspection staff sign-offs shall be secured for
construction and installation of øll project IMPs, ruith IMPs inspections obseraing
the following minimum inspection sequence: a) layout inspection (requiredprior to
beginning project excøaation); b) excøaøtion inspection (required prior to
backfilling IMPs tuith nny møterial or pipe instølløtion); c) ooerfloru inlet/surføce
connection to storm drain system inspection (required prior to bøckfilling IMPs
rcith øny møterial); d) underground connection to storm drain outlet or orifice
c
d.
23.
24
PAGE 37 OF RESOLUTION NO. 2OL9-03
25
26
inspection (requiredprior tobøckfillinglMPs tuith øny material); e) drain rocl</sub-
drøin inspection (requiredprior to soil mediø mix inspection/test ønd instølløtion);
fl soil media mix inspection/test (required prior to soil mediø installation); Ð soil
media instøllation inspection (required prior to irrigation installøtion); h)
irrigation inspection (required prior to plønt materiøl instøIlntion); i) planting
inspection (required prior to final tr,ngineering Diaision Inspection); and j)
EngineeringDiaisionFinøl (requiredprior tobuildingpermitfinal). The applicønt
shall utilize the inspection log proaided by the Engineering Diaision at the pre-
construction meeting.
(UTILITIES AND SERVICE SYSTEMS MND COA) Prior to approaøI of the
Finøl Møp, the applicønt shøll prepnre and submit a detailed Operøtion and
Maintenønce Agreement to the Deaelopment and Seraices Department for reaieru
ønd approual. The Operøtion and Møintenance Agreement shøll identifu the
møintenønce and funding for proposed storm utøter mnnngement feøtures øt the
project site (i.e., bio-retention facility, storm utater detention basin). All features
shøII be maintained and funded by the local homeoutners' association (HOA),
GHAD, or other instrument determined to be øcceptable to the Totun. Th.e
maintenønce protocols shøll address both routine ønd non-routine maintenønce
actiaities ønd shall explicitly identifu monitoring ønd reporting requirements.
These protocols shnll include an estimate of annuøl monitoring ønd møintennnce
costs.
(ENERGY MND COA) In order to ensure thøt energy demøndis reduced to øaoid
the utasteful or inefficient use of energy, the applicant shall submit detailed design-
Ieael plans to the Torttn of Danaille identifuing that energy conseraation meßsures
haae been incorporated into design ønd operation of the project, prior to the issuønce
of any building permit. The applicant shall implement the follotuing or comparable
enery conseruøtion measureï including, but not limited to:
ã. Project design shall meet or exceed the requirements of California Title 20
and Title 24 - Building Energy Efficiency Standnrds.
The applicønt shall install efficient lighting andlighting control systems
Applicønt-instølledløndscøpe hørdscøpe shallbe generølly limited to light-
colored cool paaements uthich shallbe supplemented with and strategicnlly
place d øpplicant-instølle d shade tree s.
The applicnnt shøll install enerry efficient heating and cooling systems,
appliances and equipment, and control systems, including, but not limited
to:
. Smart meters and programmable thermostats; and
. Heating, Ventilation, and Air Condition (HVAC) ducts sealing.
b,
c.
d.
PAGE 38 OF RESOLUTION NO. 2OL9-03
e.
f
Applicant-install løndscøpe outdoor lighting shøll be generølly limited to
light emitting diodes (LEDs).
The øpplicant shall proaide outdoor electricøl outlets for the project
residences.
The applicønt may propose substitute meøsures proaided they achieae comparable
enerry use reductions as the meøsures proposed øbove.If alternøtiae measures íile
proposed, the applicønt shallproaide detailed euidence demonstrating the measures
efficacy at reducing enerry demand.
The locatiory design and number of grouped mailbox structures serving the
project shall be subject to review and approval by the Danville
Development Services Department and the local Postmaster.
As a part of the issuance of a demolition permit andf or building permit for
the project, the applicant shall submit a recycling plan through Green Halo
for demolition, 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 Building Division of the Danville Development Services
Department with written documentation (e.g. receipts or records) through
the Town s Green Halo system indicating that waste materials created from
the demolition of existing buildings and the construction of new buildings
were/are being recycled according to the Town's Recycling Ordinance.
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 Regulationltl., Rule 2: Asbestos Demolitiory Renovation, and
Manufacturing.
The project homeowner's association, through project-specific covenants,
conditions and restrictions (CC&Rs), shall be responsible for maintenance
of all corrunon landscape areas and common fencing. Draft project CC&Rs
shall be submitted to the Town of Danville for review and approval a
minimum of 45 days prior to approval of the Final Mup.
The project homeowner's association shall be responsible for the
maintenance of front yard landscape and irrigation improvements, project
installed architectural sound wall facilities, private roadways, the area
southwest of the interim termination of Private Alley 1", and all common
project fencing. As part of the submittal for project improvement plans, the
:t
*
27
28.
29
30.
PAGE 39 OF RESOLUTION NO. 2019-03
applicant shall detail all areas and improvements proposed for project
homeowner's association responsibility.
Advisory Comments
2.
1,In accordance with Danville Municipal Code 31,-11..L4 et seq., the applicant
will be required to guarantee the installation of cofiunon area
improvements that benefit the lots in the development. The guarantee will
be required to 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 oÍ any building permit inspections for any newly
constructed residence in the project.
Once the property is subdivided, separate (water service) meters for each
lot will be required. A main extension at the project sponsor's expense will
be required to serve the proposed development. When the development
plans are, finalized, the project.sponsor should contact EMBUD's New
Business Office and request a water service estimate to determine the costs
and conditions of providing water service to the development. Engineering
and installation of water mains and meters requires substantial lead time,
which should be provided for in the sponsor's development schedule. No
water meters are allowed to be located in driveways. The project sponsor
should be aware that Section 31, of EBMUD's Water Service Regulations
requires that water service shall not be furnished for new or expanded
service unless all the applicable water-efficiency measures described in the
regulation are installed at the project sponsor's expense. Due to EBMUD's
limited water supply, all customers should plan for shortages in times of
drought.
According to Central Contra Costa Sanitary District (Central San) records,
the project site is within Central San's service area and sanitary sewer
service is available to the project site. The applicant would need to construct
a set of on-site public main sewers and private laterals. The proposed
project would not be expected to produce an urunanageable added capacity
demand on the wastewater system, nor interfere with existing facilities. The
applicant will be required to submit full-sized building plans for Central
San Mainline Review in advance and to pay fees and charges at the time of
mainline plan submissiory sewer permit issuance and residential
connection to the sewer system. For details, contact Central San's Permit
Section at (925) 229-7371,.
J.
PAGE 40 OF RESOLUTION NO. 2OL9-03
4.
AYES:
NOES:
ABSTAINED:
ABSENT:
APPROVED by the Danville Planning Commission at a regular meeting on April 9,2019,
by the following vote:
The following advisory comrnent relates to the Contra Costa County Flood
Control & Water Conservation District's (FC Districf s) review of the project
proposal. The FC District is not the approving local agency for this project
as defined by the Subdivision Map Act. As a special district, the FC District
has an independent authority to collect drainage fees that is not restricted
by the Subdivision Map Act. The FC District regularly adjusts its drainage
fees to reflect increasing construction costs. The drainage fee rate does not
vest at the time of vesting tentative map approval. The drainage fees due
and payable will be based on the fee in effect at the time of fee collection.
Combs, Graham, Haberl, Trujillo, Verriere
Bowles, Havlik, Radich
APPROVED AS TO FORM:
City Attorney of
PAGE 41 OF RESOLUTION NO. 2OL9.O3
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