HomeMy WebLinkAbout031-2019DocuSign Envelope ID: 34331802-5C7C-47E2-AADC-B8AFAF6CBBDC
ESO U 10 N 31-2019
A TIN AMITIG EDNG IV DCLAAIO 0
EN RO NASIG FICA EA APRO N VSTIN
TEN ATIV MAP REQ ST SD 9479, FIN D V LO MEN PLA REQU ST
D V 18-09 A TREE REMOVAL REQ ST TR 18-26
(A N 217-010-008 - TRU K H S, LLC)
WHEREAS, Trurn rk H rn s, LLC (A plicant and Property 0 er) has requested
approval of Prelim nary D velopm nt Plan - Rezoning request PU 18-01, Vesting
Tentative M p request SD 9479, Final D velopm nt Plan request D V 18-09, and Tree
Rem val request TR 18-26, on the 5.05 -acre Tassajara N rsery property; and
WHEREAS, Trum rk H m s, LLC has invoked state and local density bonus law
specifically seeking authorization to add tw additional m rket rate units into the project
above the sixteen -unit baseline density applicable to a density bonus project; and
WHEREAS, the project, after provision of a density bonus, w uld have a developm nt
density of 3.56 units per acre, w th the density bonus being linked to an applicant
com tment to provide eight attached <550 square foot accessory dw Ming units (i.e.,
second dw Ming units hereafter referred to as A in the project as housing
appropriate for low incom households; and
WHEREAS, the 5.05 -acre subject property is located at the southern corner of the
intersection of Cam no Tassajara and Sherburne H Ils Road, being further identified as
2550 Camino Tassajara and as A sessor's Parcel N m er A N 217-010-008; and
WHEREAS, the Tow deem d these applications com Tete on February 15, 2019, and
WHEREAS, these approvals w uld serve to rezone the property from a P-1; Planned U it
D velopment D strict to the proposed new P-1; Planned U it D velopm nt D strict and
w uld approve the subdivision of the 5.05 acre site to be developed as an 18 -lot single
fam ly residential project w th associated com now ership parcels; and
WHEREAS, these approvals w uld also serve to obligate the applicant to m ke provision
of eight attached <550 square foot A in the project, being an A w thin eight of the
eighteen approved prim ry residential units, to satisfy the project's density bonus
requirements; and
WHEREAS, these approvals w uld also provide for final architectural design and
landscape details for the developm nt, w uld authorize the rem val of seven Tow -
protected trees, and w uld allow construction activity in proxim ty to additional onsite
and offsite Tow -protected trees; and
DocuSign Envelope ID: 34331802-5C7C-47E2-AADC-B8AFAF6CBBDC
WHEREA , the Tow of D nville P-1; Planned U it D velopm nt D strict 0 dinance
requires approval of a Prelim nary D velopm nt Plan - Rezoning request prior to
approval of a M jor Subdivision and/or a Final D velopm nt Plan request; and
WHEREAS, the D nville Tree Preservation 0 dinance requires approval of a Tree
Rem val perm t prior to the rem val of Tow -protected trees; and
WHEREAS, the developm nt applications m et the definition of a "project" under the
California Environm ntal Q ality A t (CEQ and the Tow of D nville, upon
com letion of an Initial Study and Environm ntal Checklist (Initial Study) for the project,
determ ned that adoption of a M tigated N gative D claration of Environm ntal
Significance w s appropriate for the project; and
WHEREAS, to solicit review and input from the public and interested agencies on the
M the Tow of D nville prepared and circulated a N tice of Intent to A opt a
M tigated N gative D claration of Environm ntal Significance (M for the project on
M rch 19, 2019, for a 21 -day review period ending on A ril 9, 2019; and
WHEREAS, on A ril 9, 2019, the Planning Com ssion held a public hearing on the
M and the project and received testim ny from the public at the hearing; and
WHEREAS, a staff report w s subm tted recom nding that the D nville Planning
Com ssion approve Planning Com ssion Resolution N . 2019-03 to recom end the
Tow Council adopt the M and approve the developm nt applications; and
WHEREAS, the Planning Com ssion closed the public hearing and approved
Resolution N . 2019-03; and
WHEREAS, the Tow Council review d the project at a noticed public hearing on M y
7, 2019; and
WHEREAS, a public notice of the public hearing w s given in all respects as required by
law and
WHEREAS, after conclusion of the public hearing on the M and the project, the Tow
Council determ ned that the D aft M has been prepared in com liance w th CEQ
and
WHEREAS, prior to taking an action on the project the Tow Council review d and
considered the inform tion contained in the M and the testim ny presented at the
public hearing; and
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DocuSign Envelope ID: 34331802-5C7C-47E2-AADC-B8AFAF6CBBDC
WHEREA , the Tow Council finds that the M reflects its independent judgm nt and
analysis; and
WHEREAS, the Tow Council finds that appropriate m tigation m asures w re
considered and recom nded for adoption to reduce identified potential project im acts
to a less than significant level; and
WHEREAS, prior to taking action the Tow Council declares that it has heard and been
presented w th, review d, and considered all of the inform tion and data in the
adm nistrative record, including the M and other docum ntation relating to the
project; now therefore, be it
RESO VED that the Tow Council adopts the M tigated N gative D claration of
Environmental Significance and approves Prelim nary D velopm nt Plan - Rezoning
request PU 18-01, Vesting Tentative M p request SD 9479, Final D velopment Plan
request DEV 18-09, and Tree Rem val request TR 18-26, authorizing the project site's
subdivision into 18 single fam ly residential lots and associated parcels, and approves the
proposed project architecture and landscaping per the conditions herein, and makes the
follow ng findings in support of this action:
FIN N SO A PRO
Prelim nary D velopm nt Plan - Rezoning
1. he proposed rezoning of the site to P-1; Planned U it D velopm nt D strict
(PUD is consistent w th the D nville 2030 G neral Plan. The proposed residential
developm nt is, w th the granting of the requested density bonus, within the
perm tied developm nt density under the property's Residential - Single Fam ly -
Low D nsity (1-3 units per acre) land use designation.
2. he project site is identified as a Special Concern A ea in the G neral Plan. A
m dified by the proposed conditions of approval, the project w 11 be consistent
w th the G neral Plan language for the Tassajara Lane/Sherburne H Ils Special
Concern A ea found on Pages 3-51 and 3-52 of the D nville 2030 G neral Plan.
3. he proposed uses are com atible w th property's proposed P-1; Planned U it
D velopm nt D strict zoning designation and the uses authorized by zoning on
adjacent and neighboring properties. The proposed infill housing is an efficient
developm nt pattern consistent w th surrounding residential subdivisions and
w 11 add to existing infrastructure that services the adjacent single fam ly
residential uses.
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4. he uses authorized or proposed in the land use district are com atible w thin the
district and to uses authorized in adjacent districts. The proposed infill housing is
an fficient evelopm nt attern onsistent th urrounding esidential
subdivisions and w 11 add to existing infrastructure that services the adjacent
single fam ly residential uses.
5. he single fam ly residential developm nt standards for lots <15,000 square feet
(net) in lot size require observance of specific m nim m prim ry front yard and
secondaryf ronty msd etbacksf ors elaond-storyb uilding ssing.l n
acknow edgm nt that the P-1; Planned U it D velopm nt process provides the
opportunity to flexibly apply developm nt standards to avoid m notonous or
inappropriate neighborhood design, relaxation of the prim ry front yard and
secondary front yard setbacks for second -story m ssing has been deem d a
reasonable and appropriate project -specific developm nt standard.
Final D velopm nt Plan - Major Subdivision
1. he proposed subdivision is in conform nce w th the goals and policies of the
D nville 2030 G neral Plan and the site's Residential - Single Fam ly - Low D nsity
(1-3 units per acre) land use designation.
2. he design of the proposed subdivision is in conform nce w th the P-1; Planned
U it D velopm nt D strict since the subject P-1; Planned U it D velopm nt
D strict is custom zed to the subject Prelim nary and Final D velopm nt Plans.
The P-1; Planned U it D velopm nt D strict is an appropriate zoning designation
for infill projects and lands designated as Special Concern A eas in the G neral
Plan. A ditional detailed findings regarding P-1 zoning consistency can be found
under Prelim nary D velopm nt Plan - Rezoning above.
3. he design of the subdivision and the type of associated im rovem nts w 11 not
likely cause serious public health problem , because w ter and sanitary facilities
and services w 11 be available to the proposed lots.
4. he density of the subdivision is physically suitable for the subject site and
surrounding neighborhood because the proposed developm nt is sim lar in size
and density to the residential developm nts adjacent and vicinity of the site.
5. he design of the proposed subdivision and im rovem nts are not likely to cause
substantial environm ntal dam ge or subsequently injure fish or w ldlife or their
habitat, in part because the project site is w thin an area w ere development has
previously occurred. The M tigated N gative D claration of Environm ntal
Significance prepared for the project found that, w th project m difications m de
during project review and w th im lem ntation of recom nded m tigation
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DocuSign Envelope ID: 34331802-5C7C-47E2-AADC-B8AFAF6CBBDC
m asures, the project w uld have no significant negative im acts on the w ldlife
on site.
6. he design of the proposed subdivision and proposed im rovem nts would not
conflict w th easem nts, acquired by the public at large, for access through or use
of, property w thin the proposed subdivision. There are currently no existing
public easem nts for access through or use of the subject properties. Through
project conditions of approval, the subdivision w 11 offer new easem nts for public
access.
7. he project w 11 not cause on-site flooding or add to existing dow stream flooding.
The pplicant 11 e equired o repare nd ubm t detailed
hydrology/ hydraulic report for the project in conjunction w th the initial
subm ttal of project im rovem nt plans and subm ttal of the Final Storm ter
Control Plan. The applicant w 11 be required to docum nt that requisite review
and approval of these docum nts, w th a focus on the project's hydro m dification
requirem nts, has been m de by the Contra Costa County Flood Control and
Water Conservation D strict.
Tree Removal Perm t
The project, as proposed, w uld rem ve 37 of the 71 surveyed onsite and offsite trees. O
the trees to be rem ved, seven are designated as protected trees under the Town's Tree
Preservation O dinance.
The findings below address only the seven trees designated as protected under the
Tow 's Tree Preservation O dinance. The conditions of approval for the project present
m tigation m asures to address the rem val of these trees and to establish direction for a
Tree Protection Plan to address the potential im acts resulting from project developm nt
on other Tow -protected onsite and offsite trees that are slated for retention.
1. —cessity. The prim ry reason for rem val of the 37 trees, including seven Tow -
protected trees, is that preservation of those trees w uld be inconsistent w th the
proposed residential developm nt of the property, including the creation of a new
roadw y to access the m in project area.
2. rosion/surface w ter flow Rem val of the 37 trees, including seven Tow -
protected trees, w uld not cause significant soil erosion or cause a significant
diversion or increase in the flow of surface w ter.
3. isual effects. W th respect to othei trees in the area, the project site and
im diately abutting area contain a num er of additional trees, including Tow -
protected Valley O ks, Coast Live O k, and California Buckeye trees that w uld
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not be rem ved for the project. In addition, the applicant w 11 be required to
replace all Tow -protected trees to be rem ved w th approved species "of a
cum lative num er and diam ter necessary to equal the diarn ter of the tree(s)
w ich are approved for rem val" in accordance w th the Tow 's Tree Preservation
0 dinance.
4. em val of the 37 trees, including seven Tow -protected trees, w uld not
significantly affect off-site shade or adversely affect privacy betw en properties
due to the site's topography, the other trees that w uld rem in, and the locations
of the trees in relation to other properties.
State D nsity Bonus Law
Pursuant to the State D nsity Bonus law (i.e., G vernm nt Code Section 65915), the
applicant is entitled to w fivers of developm nt standards if application of those
standards uld ave he ffect f hysically recluding he onstruction f
development at the density perm tted by the statute. The Tow m y refuse any such
requested w iver if there is substantial evidence that such a w iver w uld have specific,
adverse impact upon the health or safety of the com nity or the physical environm nt.
The applicant has not requested any w fivers of developm nt standards as part of their
request for a density bonus.
CO TIO 0 A PRO
Conditions of approval w th an asterisk ("") in the left-hand colum are standard project
conditions of approval.
Conditions of approval typed in italicized text are m tigation m asures derived from the
M tigated N gative D claration of Environm ntal Significance prepared for the project.
U less otherw se specified, the follow ng conditions shall be com lied w th prior to the
Tow Council approval of the Final M p or issuance of a grading perm t or building
perm t for the project. Each item is subject to review and approval by the D nville
D velopment Services D partm nt unless otherw se specified.
This approval is for: (a) Prelim nary D velopm nt Plan - Rezoning request
PU 18-01, w ich requests approval to rezone the 5.05 acre property from
a P-1; Planned U it D velopm nt D strict to a new project -specific, P-1;
Planned U it D velopm nt D strict for a proposed eighteen lot single
fam ly residential project; (b) M jor Subdivision request SU 18-01, a
vesting tentative m p application, w ich requests approval to create
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eighteen residential lots and six com n parcels, w ich w uld constitute
parcels for project roadw ys, storm w ter treatm nt facilities, and for
com n project landscaping im rovem nts; (c) Final D velopm nt Plan
request D V 18-09, w ich requests approval of final developm nt design
for project architecture and project landscape im rovem nts; and (d) Tree
Rem val request TR 18-26, w ich seeks authorization to rem ve seven
Tow -protected trees and to allow construction activity in proxim ty to
additional onsite and offsite Tow -protected trees. D velopm nt shall be
as show on the project draw ngs as follow , except as m y be m dified by
conditions contained herein:
a. roject D scription consisting of eight pages, as prepared by John C.
Willsie, G neral Counsel, Trum rk H m s LLC, dated March 11,
2019.
b. esting Tentative Tract M p, Existing Conditions, D m lition Plan,
Tree Rem val Plan, Site D velopm nt Plan and Sections, D tails and
Sections, relim nary ading Ian, relim nary ility Ian,
Prelim nary rosion ontrol Ian nd tails, relim nary
Storm ter Control Plan, and Signing and Striping Plan consisting
of eleven sheets, as prepared by M cKay & Som s, dated January
2019.
C. relim nary Storm ter Control Plan, as prepared by MacKay &
Som s and dated January 16, 2019.
d. relim nary A chitectural Plans consisting of eight sheets, as
prepared by SD A chitects, Inc., dated January 11, 2019 (excludes
"Contem orary 'B' Exterior Elevations" Sheet for both plans - being
Sheets A 03 and A 08 of the plan subm ttal).
e. relim nary Landscape Plans, consisting of six sheets, as prepared
by G tes & A sociates, dated A gust 28, 2018.
f. nded Tree Survey and Report, as prepared by N al Kram r,
Certified A borist for Live O k A sociates, Inc., dated D cem er 14,
2018.
g. nvironm ntal N ise A sessm nt, as prepared by Charles M Salter
A sociates, Inc., dated M rch 7, 2018.
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h. hase I Environm ntal Site A sessm nt and Prelim nary Soil,
G ound Water, and Soil Vapor Q ality Evaluation, as prepared by
Cornerstone Earth G cup and dated 0 tober 5, 2017.
i. relim nary G otechnical Report, as prepared by Cornerstone Earth
G cup, Inc., dated Septem er 18, 2017.
The applicant shall pay any Tow and related fees applicable to the
property. These fees shall be based on the current fee schedule in effect at
the tim relevant perm is are secured and shall be paid prior to issuance of
said perm t.
Prior to approval of the Final M p the applicant shall pay the following fees:
i. ase M p Revision Fee (24 parcels @ $94/ea.)$ 2,256.00
ii. p Check Fee ...................................................$ 5,250.00
iii. ngineering Plan Check Fee ............ 3% of cost estim to
iv. ngineering Inspection Fee .............5 % of cost estim to
V. xcavation M tigation Fee (Flood Control) ..$10,245.00
vi. ark Land in Lieu Fee (18 @ $11,020) ..........$198,360.00
Prior to issuance of building perm is the applicant shall pay the following fees:
i. hild Care Facilities Fee .................................. $ 335/ unit
ii. torm ter Pollution Program Fee .................$ 81 /unit
iii. torm ter Pollution Program Fee .................$ 56/ unit
iv. CC Regional Fee .......................................... $ 1,404/ unit
V. CC Sub -Regional Fee .................................. $ 3,873/unit
vi. esidential TIP Fee .......................................$ 2,000/unit
vii. Tri -Valley Transportation Fee ..................... $ 4,458/unit
Concurrent w th the initial subm ttal of the Final M p, grading plans,
and/or building perm ts, the applicant shall subm t a w itten Compliance
Report detailing how the conditions of approval for this project have been,
or w 11 be, m t. This report shall list each condition of approval follow d
by a description of w at the applicant has provided as evidence of existing
or future com liance w th that condition. The report shall be signed by the
applicant to attest its accuracy and com leteness. The report shall be subject
to review and approval by the D nville D velopm nt Services D partm nt
and m y be rejected by the Tow if it is not com rehensive w th respect to
the applicable conditions of approval.
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4. rior to approval of the Final M p or issuance of grading or building
perm is (w ichever com s first) the applicant shall subm t w itten
docum ntation that all requirem nts of the San Ram n Valley Fire
Protection D strict (SRVFPD have been m t to the satisfaction of SRVFPD
SRVFPD s initial com nts on this project are dated M y 31, 2018. [N te:
Refer to Exhibit D of the project's A ril 9, 2019 Planning Comm ssion
A m nistrative Staff Report for a copy of SRVFPD s M y 31, 2019
com nts.]
Prior to the issuance of building perm ts, the applicant shall provide
docum ntation to the Tow of D nville to confirm that the school
m tigation fees have been paid to the San Ram n Valley U ified School
D strict (SRVU D pursuant to the criteria set forth w thin California
G vernm nt Code Section 65995. SRVU D s initial com nts on this
project are dated Septem er 25, 2018. [N te: Refer to Exhibit D of the
project's A ril 9, 2019 Planning Com ssion A m nistrative Staff Report
for a copy of SRVU D s Septem er 25, 2019 com nts.]
6. (AR Q ITY M CO The following m tigation m asures shall be
im lem nted during project construction to m tigate potential adverse im acts to
air quality:
a. watering program which incorporates the use of a dust suppressant, and
which com lies with Regulation 2 of the Bay Area Air Q ality
M nagem nt D strict shall be established and im lem nted for on- and off-
site construction activities.
b. quipm nt and hum n resources for watering exposed or disturbed soil
surfaces shall be supplied on weekends and holidays as well as workdays.
C. st-producing activities shall be discontinued during high wind periods.
d. toekpiles of debris, soil, sand or other m terials that can be blown by the
wind shall be covered.
e. he applicant shall post a publicly visible sign with the point of contacts
(nam , num er, and em il) for the project superintendent and for the Town
of D nville regarding dust com faints. The project superintendent shall
take appropriate corrective action within 48 hours of receiving a dust
com faint. The phone num er for the Bay Area Air Q ality M nagem nt
D strict (BAAQ shall also be clearly displayed on the publicly visible
project sign to direct concerned parties to the BAAQ with an intent to
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help ensure com fiance with applicable air quality construction activity
regulations.
f. rior to dem lition activities, the applicant shall secure a J Perm t from the
Bay Area Air Q ality M nagem nt D strict (BAAQ
g. ll haul trucks transporting soil, sand, or other loose m terial off-site shall
be covered.
h. ll building pads shall be laid as soon as reasonably feasible after grading
unless seeding or soil binders are used.
7. (A R Q ITY M CO Idling tim s of construction equipm nt shall be
m nim zed either by shutting equipm nt off when not in use or by reducing the
m xim m idling tim to 5 m nutes (as required by the California airborne toxics
control m asure Title 13, Section 2485 of California Code of Regulations (CCR]).
Clear signage stating these operation standards shall be provided by the applicant
for construction workers at all project access points.
8. (AR Q ITY M CO Prior to construction activity, construction
equipm nt shall be checked by a certified visible em ssions evaluator. All
construction equipm nt shall be m intained and properly tuned in accordance with
m nufacturer specifications.
9. (N SE M CO Prior to any construction work on the site, including
grading, the applicant shall install a m nim m 3' x 3' sign at the project entry
which specifies the allowable construction work days and hours, and lists the nam
and contact person for the overall project m eager and all contractors and sub-
contractors working on the job. Construction activity shall be restricted to the
period between the weekday hours of 7:30 a.m to 5:30 p.m (M nday through
Friday), unless otherwise approved in writing by the City Engineer for general
construction activity and the Chief Building Oficial for building construction
activity.
0. N SE M CO The applicant shall require contractors and subcontractors
to fit internal com ustion engines with m fflers and to locate stationary noise -
generating equipm nt as far away from existing residences as feasible.
1. N SE M CO Construction Equipm nt M fflers and M intenance. All
internal com ustion engine -driven equipm nt utilized on the project site and all
stationary noise sources shall be equipped with intake and exhaust m fflers that are
m intained in good condition and are equipm nt-specific accordance with the
m nufacturers' recom ndations for the respective equipm nt utilized.
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2. N SE M CO Construction Equipm nt Idling. The applicant shall take
reasonable efforts to assure unnecessary idling of internal com ustion engines is
m nim 1.
3. N SE O quipm nt ocations. tationary oise-generating
equipm nt shall be located as far as reasonably feasible from sensitive receptors.
4. N SE M CO Construction Traffic. Construction traffic to and from the
construction sites shall be routed as directed by the City Engineer and the
Transportation M nager of the D nville D velopm nt Services D partm nt.
Construction -related heavy truck traffic is prohibited from traveling through
residential areas and shall be routed onto m jor roadways and as far from sensitive
receptors as feasible.
5. N SE M CO Q iet Equipm nt Selection. To the extent feasible, the
project shall m ke se f uiet construction equipm nt, particularly it
com ressors. Air com ressors and pneum tic equipm nt shall be equipped with
m fflers, and im act tools shall be equipped with shrouds or shields. [N te: "Q iet
construction equipm nt" is considered to be equipm nt that typically generates
noise levels 5 dBA lower than that of com arable equipm nt.]
6. N SE M CO N ise Construction Liaison. A noise construction liaison
shall be designated by the applicant to ensure coordination between construction
staff and property owners and residential and com rcial tenants within 350 foot
radius from the external boundaries of the project site. These property owners and
tenants shall be notified in writing of the contact inform tion for the construction
liaison a m nim m of 15 days prior to the initiation of construction or pre -
construction activity.
7. N SE M CO Exterior -to -Interior N ise M tigation. Exterior building
assem lies shall be sound -rated as deem d necessary by the project acoustical
engineer to reduce transportation noise to the CN L 45 dB interior noise goal set
forth in the D nville 2030 General Plan for residential uses. Sound -rating
assem lies for windows and exterior doors shall be as called for in Figure 2 of the
project's Environm ntal N ise Assessm nt, unless otherwise dictated by the project
acoustical engineer at the tim of subm ttal for building perm ts. Sound insulations
ratings shall be for the com lete window and door assem ly, including glass and
fram , as based on laboratory test reports of sim lar sized sam les from an N LAP
accredited lab. W ndows and exterior doors shall be assem led with sound
insulation ratings of up to Sound Transm ssion Class (STC) 37, as applicable.
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8. N SE M CO U -shielded Traffic N ise M tigation. To reduce the
im acts of traffic noise to approxim telt' CN L 65 dB from Cam no Tassajara and
Sherburne H Us Road to the backyard areas for proposed Lots 1, 11 and 12, the
project precast concrete wall to be placed at the Cam no Ram n property lines for
these three lots and at the Sherburne H lls Road property line for Lot 1 shall be
constructed with a residence -side wall height of seven feet. To reduce the im acts
of traffic noise to approxim telt' 60 dB from Sherburne H lls Road to the backyards
of proposed Lots 2 and 3, the proposed precast concrete wall to be placed at the
Sherburne H lls Road property line for these two lots shall be constructed with a
residence -side wall height of seven feet.
9. CU TU A RESO CES M CO In response to the project com nts
dated Septem er 24, 2018 from the N rthwest Inform tion Center Sonom State
U iversity regarding the project's potential to adversely affect cultural (i.e.,
archaeological, native Am riean, and/or built environm nt considerations), the
applicant shall arrange for a qualified archaeologist to conduct archival and field
study of the project site, supplem ming the previous study (Porter 1980) that
covered approxim telt' 10% of the proposed project area to identify cultural
resources that m y be present at the project site. Prior to com neem nt of
dem lition work and prior to the issuance of a grading perm t, the applicant shall
docum nt to the Town's satisfaction that appropriate coordination with the
N rthwest Inform tion Center Sonom State U iversity was secured relative to
the scope and m thodology of the supplem ntal study. Initial com nts on this
project from the N rthwest Inform tion Center Sonom State U iversity are dated
Septem er 24, 2018. [N te: Refer to Exhibit D of the project's April 9, 2019
Planning Com ssion Adm nistrative Staff Report for a copy of the Septem er 24,
2018 com nts.]
0. CU TU A RESO CES M CO In the event that subsurface
archeological rem ins are discovered during any construction or pre construction
activities on the site: (a) all land alteration work within 100 feet of the find shall be
halted, (b) the Town of D nville D velopm nt Services D partm nt shall be
notified, and (c) a professional archeologist, certified by the Society of California
Archeology and/or the Society of Professional Archeology, shall be notified. Site
work in this area shall not occur until the archeologist has had an opportunity to
evaluate the significance of the find and to outline appropriate m tigation m asures,
if they are deem d necessary. If prehistoric archaeological deposits are discovered
during developm nt of the site, local N tive Am riean organizations shall be
consulted and involved in m king resource m nagem nt decisions If subsurface
deposits believed to be cultural or hum n in origin are discovered during the
construction of the project, all work shall halt within a 200 foot radius of the
discovery and a qualified archaeologist, m eting the Secretary of the Interior's
PA 12 0 RESO U IO N 31-2019
DocuSign Envelope ID: 34331802-5C7C-47E2-AADC-B8AFAF6CBBDC
Q alification Standards for prehistoric and historic archaeologist, shall be retained
at the applicant's expense to evaluate the significance of the find. W rk shall not
continue at the discovery site until the archaeologist conducts sufficient research
and data collection to m ke a determ nation that the resource is either: (a) not
cultural in origin; or, (b) not potentially significant or eligible for listing on the
N tional Register of H storic Places or the California Register of Historical
Resources. If a potentially -eligible resource is encountered, then the archaeologist,
lead agency and applicant shall arrange for either: (a) total avoidance of the
resource, if possible, or (b) test excavations to evaluate eligibility and, if eligible,
data recovery as m tigation. The determ nation shall be form lly documented in
writing and subm tted to the lead agency and filed with the N rthwest Inform tion
Center as verification that the provisions in this m tigation m asure have been m t.
1. CU TU A RESO CES M CO If hum n rem ins of any kind are
found during construction activities, all activities shall cease im diately, and the
Contra Costa County Coroner be notified as required by state law (Section 7050.5
of the H alth and Safety Code). If the coroner determ nes the rem ins to be of
N tive Am rican origin, he or she shall notify the N tive Am rican H ritage
Com ssion (N H ). The N H shall then identify the m st likely descendant(s)
(M D to be consulted regarding treatm nt and/or reburial of the rem ins (Section
5097.98 of the Public Resources Code). If an M D cannot be identified, or the M D
fails to m ke a recom ndation regarding the treatm nt of the rem ins within 48
hours after gaining access to the rem ins, the Town shall rebury the N tive
Am rican hum n rem ins and associated grave goods with appropriate dignity on
the property in a location not subject to further subsurface disturbance. W rk can
continue once the M D s recom ndations have been im lem nted or the rem ins
have been reburied if no agreem nt can be reached with the M D (Section 5097.98
of the Public Resources Code).
2. he applicant shall provide security fencing, as deem d necessary and to
the satisfaction of the D nville D velopm nt Services D partm nt, around
the construction site during construction of the project. A 1 security fencing
shall be fitted w th w ven polyethylene privacy and w ndscreen fabric, 85 %
m nim m closed m sh w th grom is for securing to chain link fabric.
3. rior to approval of the Final M p the applicant shall reim urse the Tow
for notifying surrounding neighboring residents of the public hearing. The
fee shall be $756.03 ($130.00 plus 147 notices X $0.83 per notice X 3
m ilings).
4. he pplicant hall ontact he Planning D vision of the D nville
D velopm nt Services D partm nt to schedule a site visit for review and
approval prior to release of final Building Inspection sign -off for the initial
PA 13 0 RESO U IO N 31-2019
DocuSign Envelope ID: 34331802-5C7C-47E2-AADC-B8AFAF6CBBDC
residence com leted in the project, for the tenth residence com leted in the
project and for the second to last residence com leted in the project.
5. he applicant shall create a construction staging plan that addresses the
ingress and egress location for all construction vehicles, parking and
in terial storage area. This plan shall be subject to review and approval by
the D nville D velopm nt Services D partm nt prior to the issuance of a
dem lition perm t or a grading perm t. A 1 construction staging shall be
done on site. The construction staging plan shall indicate that construction
vehicle access to Cam no Tassajara shall be lim ted to access from the
property's frontage along Sherburne H Us Road and/or from the existing
drivew y connection to Cam no Tassajara located at the northeast corner of
the property.
6. he applicant shall w rk w th the Tow to prepare an affordable housing
agreem nt (A reem nt) for the project, addressing the developm nt,
retention, and tenant occupancy of the eight attached for rent below in rket
rate accessory dw Ming units (BM A ) to be provided in the project as
a result of the project's approved density bonus. The A reem nt shall be
consistent w th the applicable provisions of the state density bonus law
(G vernm nt Code Section 65915) and the Tow 's density bonus ordinance
(M nicipal Code Section 32-74). Where rented during the term of the
A reem nt, the BM A shall be rented at an affordable rate, as set by
the California D partm nt of H using and Com nity D velopment to be
affordable to low incom households. Prior to approval of the Final M p
A reem nt shall be subject to review and approval by the Tow Council
prior to recordation of the Final M p for the project. In addition, a deed
restriction shall be recorded w th the Contra Costa County Recorder in
accordance th he ow 's cessory fling it rdinance
precluding concurrent use of the second units and the respective prim ry
residence as rental units. Com liance w th this condition of approval does
not preclude future property ow ers in this subdivision beyond the ow ers
of the prim ry residences containing the eight BM A from building
attached or detached A in com liance w th the Tow 's Second
D fling U it O dinance and state law
* 7. f the applicant intends to construct the project in phases, then the first
subm ttal for building perm is shall be accom anied by an overall phasing
plan subject to review and approval by the D nville D velopm nt Services
D partm nt. This plan shall address: (a) off-site im rovem nts to be
installed n onjunction th ach hase; b) rosion ontrol or
undeveloped portions of the site; (c) tim ng of delivery of em rgency
vehicle access connections; and (d) phasing of project grading. N structure
PA 14 0 RESO U IO N 31-2019
DocuSign Envelope ID: 34331802-5C7C-47E2-AADC-B8AFAF6CBBDC
shall be occupied until construction activity in the adjoining area is
com Tete and the area is safe, accessible, provided w th all reasonably
expected services and am nities, and appropriately separated from
rem ining additional construction activity. Prior to initiation of each
discrete phase of construction activity, the applicant shall provide
docum ntation verifying that construction phases (e.g., grading, utility
installation, paving, building construction, etc.) are not conflicting and do
not inappropriately overlap.
8. he applicant shall be responsible for w shing the exterior of abutting
residences, and cleaning pools, patios, etc. at the com letion of each phase
of project m ss grading activity. The applicant shall subm t a proposed list
of residences to receive cleaning, a sum ry of the proposed extent of the
cleaning efforts to be perform d, and the proposed tim ng and frequency
of such cleaning for review and approval by the D nville D velopm nt
Services D partm nt.
9. he residential units developed in the project m y be used for hom
occupation uses, as that activity is defined and regulated by the D nville
M nicipal Code. A y hom occupation use established shall be clearly
ancillary to the prim ry, residential use of the unit it is located w thin.
H m occupation com liance reports shall be processed for each proposed
hom occupation through the D nville D velopm nt Services D partm nt
as part of the business license application process and shall be fully
processed by the Tow prior to the hom occupation use com ncing. The
hom occupation use m st be clearly ancillary to the prim ry use of the
property (i.e., single fam ly residential).
(A STH TICS M CO All buildings shall be designed so that reflective
surfaces are lim ted, and exterior lighting is down -lit and illum nates the intended
area only. Prior to issuance of a building perm t, the applicant shall subm t an
exterior lighting plan for review and approval by the D nville D velopm nt
Services D partm nt that includes the following requirem nts: (a) exterior
lighting shall be directional; (b) the source of directional lighting shall not be
directly visible, and (c) vegetative screening shall be installed, where appropriate.
* Prior to approval of the project im rovem nt plans, the location of any
above -grade m unted electrical transform rs shall be subject to review and
approval by the D nville D velopm nt Services D partm nt. To the extent
feasible, such transform rs shall not be located betw en any street and the
front of a building.
PA 15 0 RESO U IO N 31-2019
DocuSign Envelope ID: 34331802-5C7C-47E2-AADC-B8AFAF6CBBDC
f project entry signage for the developm nt is desired, a Sign Review
perm t shall be subm tted to the Tow for consideration under a separate
application prior to sign installation.
M nim m yard setbacks for prim ry residences in the project shall be as
follow :
Prim ry front yard setbacks: 0' (15' for side loaded garages and open porches)
Secondary front yard setbacks: 15' (10' for open porches)
Rear yard setbacks: 5' M nim m (including attached open porches)
Side yard setbacks: 0' M nim m
A gregate side yard setbacks: 0' M nim m
A exception to these setback m nim m is granted for the setbacks for
residences on Lots 9 and 10 relative the easem nt and road section for the
em rgency vehicle turnaround to be located betw en these tw lots, w ere
the m nim m setbacks shall be substantially as depicted on Sheet 5 of the
Vesting Tentative M p subm ttal cited in Condition of A proval A 1(b).
For clarification, 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' m nim m setback. All other
developm nt standards, allow d uses and conditional uses, shall be as
listed under the Tow 's R-10; Single Fam ly Residential D strict O dinance.
C. AN CA IN
* Final landscape and irrigation plans (w th planting show at 1"=20' scale)
shall be subm tted for review and approval by the D sign Review Board.
The plan shall include com n nam s of all plant m terials and shall
indicate the size that various plant m terials w uld achieve w thin a five-
year period of tim .
* A 1 plant m terial shall be served by an autom tic underground irrigation
system and m intained in a healthy grow ng condition. Irrigation and
planting design shall com ly w th EBM Section 31 O tdoor Water U e
regulations and the M del Water Efficient Landscape O dinance (MWELO
in conjunction w th the Tow of D nville Landscape O dinance #91-14 for
landscape guidelines. A 1 irrigation shall be designed to avoid runoff and
overspray. Proposed com n m intenance law areas w thin the project
shall not exceed a m xim m of 25 percent of proposed com n landscaped
areas.
PA 16 0 RESO U IO N 31-2019
DocuSign Envelope ID: 34331802-5C7C-47E2-AADC-B8AFAF6CBBDC
I trees shall be a rn nim m of 15 -gallon container size. A I trees shall be
properly staked. A I rem fining shrubs used in the project, w ich are not
used as ground cover, shall be a m nim m of five gallons in size. A
rn nim m of 25 % of the true shrubs planted in the project shall be 10 or 15 -
gallon container size shrubs.
A I landscaped areas not covered by shrubs and trees shall be planted w th
live ground cover. A I proposed ground cover shall be placed so that they
fill in w thin tw years.
The consulting arborist shall be on site to supervise the rem val of trees and
installation of solider piers for fencing to ensure the w rk is perform d in a
m neer that protects trees im diately adjacent to the project site.
6. A least three w eks prior to com ncem nt of tree rem val, the applicant
shall post the site and m it to the ow ers of property w thin 300 feet of the
exterior boundary of the project site, to the hom ow er associations of
nearby residential projects and to the Tow of D nville D velopm nt
Services D partm nt, a notice that tree rem val w rk w uld comm nce.
The notice shall include a list of contact persons w th nam , title, phone
num er and area of responsibility. The person responsible for m intaining
the list shall be included. The list shall be kept current at all tim s and shall
consist of persons w th authority to initiate corrective action in their area of
responsibility. The nam s of individuals responsible for dust, noise and
litter control shall be expressly identified in the notice.
7. The evelopm nt's -3 acilities hall eceive pgraded andscape
treatm nt to avoid an "engineered" appearance and have the appearance
of a project open area landscape am nity. The final design shall be subject
to review and approval by the D sign Review Board.
D CH TECTU E
A I ducts, m ters, air conditioning and/or any other m chanical equipm nt
w ether on the structure or on the ground shall be effectively screened from
view w th landscaping or m terials architecturally com atible w th the
m in structures.
he street num ers for each building in the project shall be posted so as to
be easily seen from the street at all tim s, day and night by ern rgency
service personnel. If the street num ers are less than four inches in height,
PA 17 0 RESO U 10 N 31-2019
DocuSign Envelope ID: 34331802-5C7C-47E2-AADC-B8AFAF6CBBDC
they shall be ilium nated consistent w th the requirem nts of the U iform
Building Code.
* Prior to issuance of building perm ts, final architectural elevations and
details shall be subm tted for review and approval by the D sign Review
Board (D B). Seven full size sets of construction draw ngs and one 11" x
17" set of construction draw ngs for the project shall be subm tted to the
D nville D velopm nt Services D partm nt for D B prior to, or concurrent
w th, the applicant initiating the building perm t plan check process w th
the Building D vision of the D nville D velopm nt Services D partm nt
plan check process.
* Prior to issuance of building perm ts, sam les of final exterior building
m terials and the proposed color palette shall be subm tted for review and
approval by the D B.
A ditionally, D B's review shall include review and approval of the plan
types and architectural schem s utilized for all the lots created in the
project. In addition, enhancem nts to unit side and rear elevations shall be
added subject to D B review
The developer shall w rk w th all abutting property ow ers to the east to
determ ne the construction type of the fence/w 11 to be built on the shared
property line. The developer shall construct a fence/w 11 w ich is the
consensus preferred choice of those abutting neighbors, subject to review
and approval by the Tow .
A 1 good neighbor fences and H m intained w od fences shall be
constructed w th solid m terials and reflecting a substantial design. Fence
posts shall be constructed of pressure treated D uglas Fir, or an approved
equivalent, and shall have a m nim m 4"x 6" full cut dim nsion. Bottom
kickboards shall have a m nim m 2"x 10" full cut dim nsion. Fence boards
shall be 1" full cut dim nsion m terial. Top cap and bottom cap rails shall
have a m nim m 2"x 6" full cut dim nsion w ere there is no dado cut for
the fence boards and shall have a m nim m 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 m nim m 2"x 2" full cut dimension.
Interior side yard and rear yard good neighbor fences m y be extended to
a height of 7' w ere the top 12" to 15" section is lattice fencing fully
w apped w th 2"x 6" railing. Where lattice is utilized, it shall be 3/8th inch
by 1 1/2 inch vertical and horizontal lattice as generally depicted on the
project plans.
PA 18 0 RESO U IO N 31-2019
DocuSign Envelope ID: 34331802-5C7C-47E2-AADC-B8AFAF6CBBDC
he project sound w II/ architectural w 11 along the project's Sherburne
H lls Road and Cam no Tassajara frontages shall be revised from the
proposed design to be a design consistent w th the w 11 design used
throughout the Sycam re Valley Specific Plan A ea.
Project entry signage proposed for the project shall be subject to the Sign
Review application process.
0. he applicant is required to provide final project design details to the
D sign Review Board that include a design focus on how the entry
treatm nt w thin the triangular area at the northeast corner of Cam no
Tassajara and Sherburne H lls Road w 11 com lem nt the entry treatm nt
in place for the abutting Lasata project. If the treatm nt provided does not
virtually m tch that for the Lasata project (in term of the size and shape of
the accent landscape area; the height and "cadence" of steps for the
surrounding m sonry w 11; and the plant m terial utilized, etc.), the
r F alaplicadt hull ro+ice- etailed itten xplanation of y
com lim ntary treatm nt is not being proposed. N to is taken that the
location of the northw st property line for proposed Lot 10 m y be affected
by the process of refining the entry area treatm nt.
E. IOLO CA RESO CES
1. (BIO O G CA RESO CES M CO If dem lition or construction
activity (e.g., structure or hardscape dem lition, tree rem val, grading, road
construction, hom construction, etc.) is to occur within the raptor nesting season
(i.e., between February I and July 31), a pre -construction survey of the property
for nesting raptors shall be conducted, with such survey to occur a m nimum of 15
days prior to planned com ncem nt of dem lition or construction activity. The
nesting survey shall include exam nation of all trees within 200 feet of the area
proposed for dem lition or construction activity. If birds are identified nesting on
or within the zone of proposed dem lition or construction activity, a qualified
biologist shall establish a tem orary protective nest buffer around the nest(s).
W ere protective nest buffering is deem d necessary, the nest buffer(s) shall be
staked with orange construction fencing or orange lath staking. The buffer shall be
of sufficient size to protect the nesting site from dem lition or construction related
disturbance and shall be established by a qualified ornithologist or biologist with
extensive experience working with nesting birds near construction sites. Typically,
adequate nesting buffers are 50 feet from the nest site or nest tree dripline for sm ll
birds, and up to 250 feet for sensitive nesting birds that include several raptor
species known in the region of the project site. N dem lition, construction or
earth -m ving activity shall occur within the established buffer until it is
determ ned by a qualified biologist that the young have fledged and have attained
PA 19 0 RESO U IO N 31-2019
DocuSign Envelope ID: 34331802-5C7C-47E2-AADC-B8AFAF6CBBDC
sufficient flight skills to avoid project construction zones. This typically occurs by
July 151h of each year. This date m y be earlier or later and shall be determ ned by
the qualified ornithologist or biologist.
2. (BIO O CA RESO CES M CO The applicant shall m ke paym nt
of the $2,354.75 California D partm nt of Fish and W ldlife (CD W) CEQ
Environm ntal D cum nt Filing Fee, or the applicable fee in place at the tim of
project approval if that fee is higher, within four days of the effective date of the
project approval, unless the applicant subm is to the Town of D nville a written
explanation as to the basis, under Cal. Code Regs., tit. 14, §§ 15260-15333 and
Fish & G. Code, § 711.4, subd. (d)(1), that the project is exem t from paying filing
fee. A copy of this written explanation shall concurrently be forwarded to CD W
3. (BIO O CA RESO CES M CO The following recom endations
shall be observed/im lem nted to help reduce im acts to trees from developm nt
and to m intain and im rove their health and vitality through the clearing, grading
and construction phases of the project.
a. ny changes to the plans affecting Town -protected trees shall be reviewed
by the Consulting Arborist with regard to potential tree im acts. These
include, but are not lim ted to, changes to project dem lition plans, site
plans, project im rovem nt plans, utility and drainage plans, grading
plans, and landscape and irrigation plans.
b. he vertical and horizontal locations of the Town -protected trees that are
slated for retention, whether onsite trees or offsite trees, with at least 15%
of their tree dripline extending into the project site, shall be established and
plotted on all plans. O ce trunk locations for such trees are plotted on plans,
they shall be reviewed by the Consulting Arborist who shall have the
responsibility to assess potential im acts to individual trees and to establish
tree protection zones for such trees. N grading, excavation, construction
or storage of m terials shall occur within that zone.
C. o the extent reasonably feasible, underground services, including utilities,
sub -drains, water or sewer, shall be routed around tree protection zones.
W ere encroachm nt cannot be avoided, special construction techniques,
such as hand digging or tunneling under roots, shall be employed to
m nim ze root injury.
d. ree Preservation N tes, prepared by the Consulting Arborist, shall be
included on all plans.
e. rrigation system shall be designed so that no trenching would occur
within a tree protection zone.
PA 20 0 RESO U IO N 31-2019
DocuSign Envelope ID: 34331802-5C7C-47E2-AADC-B8AFAF6CBBDC
f. ny herbicides placed under paving m terials m st be safe for use around
trees and labeled for that use.
g. f hm treatm nt is to be applied on the property in conjunction with site
grading and/or site preparation, it shall not occur within 50' of any
identified Town -protected tree to be preserved.
h. he dem lition contractor and construction superintendent shall m et with
the Consulting Arborist before beginning work to discuss work procedures
and tree protection m asures.
ree pruning of identified Town -protected trees m y be required to clean
the crown and/or to provide construction clearance. W ere such pruning
will occur, it shall be done by a State of California Licensed Tree Contractor
(C61/D 9 license) and all pruning shall be done by Certified Arborist or
Certified Tree W rker in accordance with the Best M nagem nt Practices
for Pruning (International Society of Arboriculture, 2002) and adhere to
the m st recent editions of the Am rican N tional Standard for Tree Care
O erations (Z133.1) and Pruning (A300).
j. tructures, underground features, and existing hardscape that is to be
rem ved for the project within tree protection zones shall use the sm llest
equipm nt feasible for the work perform d, which shall operate from outside
the affected tree protection zone. The Consulting Arborist shall be onsite
during all operations within the tree protection zone to m nitor such
dem lition activity.
k. rior to initiating construction activity, all contractors working in the
vicinity of Town -protected trees slated for preservation shall m et with the
Consulting Arborist at the site to review all work procedures, access routes,
storage areas and tree protection m asures.
1. ny grading, construction, dem lition or other work that is expected to
encounter tree roots shall be m nitored by the Consulting Arborist.
In onstruction trailers, traffic and storage areas shall rem in outside of
identified tree protection zones areas at all tim s.
n. rior to grading, pad preparation, excavation for foundations, footings,
walls, or trenching, trees requiring root pruning outside the tree protection
zone shall be done by cutting all roots cleanly to the depth of the excavation.
Roots shall be cut by m nually digging a trench and cutting exposed roots
with a saw, vibrating knife, rock saw, or other approved root pruning
equipm nt. The Consulting Arborist shall identify where root pruning is
required and m nitor all root pruning.
PA 210 RESO U IO N 31-2019
DocuSign Envelope ID: 34331802-5C7C-47E2-AADC-B8AFAF6CBBDC
o. ere there is 2' or m re of fill placed within the dripline of an identified
Town -protected tree, aeration im rovem nts shall be installed. These shall,
at a m nim m include provision of a 4" drain line place at natural grade
prior to fill. The num er and plaeem nt of drain lines shall be as directed
by the Consulting Arborist.
P. Prior to the issuance of grading or building perm ts, a security deposit in
the am unt of the assessed value of the tree(s) (calculated pursuant to the
Town's Tree Protection O dinance) shall be posted with the Town to
m xim ze the probability that the affected trees will be retained in good
health. The applicant shall be required to secure an appraisal of the condition
and value of all affected trees. The appraisal shall be done in accordance with
the current edition of the "Guide for Establishing Values of Trees and O her
Plants," by the Council of Tree and Landscape Appraisers under the
auspices of the International Society of Arboriculture. The appraisal shall
be perform d by a Certified Arborist, and shall be subject to review and
approval by the Chief of Planning. A tree preservation agreem nt shall be
prepared that outlines the intended and allowed use of funds posted as a tree
preservation security deposit. That portion of the security deposit still held
by the Town two full growing seasons after project com letion shall be
returned upon verification that the trees covered by the deposit are as
healthy as can be provided for under the term of the tree preservation
agreem nt.
q. ocused applicant attention shall be given to m nim zing adverse project
im acts to the existing offsite Redwood trees lying to the west of Lot 1 that
are located in the side yard area of 327 M ntoya W y.
4. (BIO O CA RESO CES M CO To com ensate for the proposed
rem val of identified Town -protected trees, the applicant shall assure the
im lem ntation of the following m asures:
a. he applicant's Consulting Arborist shall calculate the total inches of
diam ter of Town -protected trees to be rem ved, as of the date of the grading
perm t application (i.e., the "Total Inches"), and subm t that calculation to
the Planning D vision of the D nville D velopm nt Services D partm nt.
The applicant shall be required to replace the identified Town -protected
trees to be rem ved with a num er and size of oak trees equal to the total
inches of the diam ter of the trees to be rem ved. The required tree
m tigation planting m y be part of the project's landscape plan.
b. t is currently estim ted that all m tigation oak trees cannot be
accom dated onsite. O site m tigation trees shall be either 15 -gallon size
trees (credited at a ratio of 2" per tree toward the aggregate replacem nt
planting) or 24 -inch box size trees (credited at a ratio of 4" per tree toward
PA 22 0 RESO U IO N 31-2019
DocuSign Envelope ID: 34331802-5C7C-47E2-AADC-B8AFAF6CBBDC
the aggregate replacem nt planting). Tree m tigation planting that cannot
be accom dated onsite shall be handled through the applicant's paym nt
Of an in -lieu fee, which shall be m de payable to the Town of D nville. This
in -lieu fee shall be in the am unt of $135.00 per off-site m tigation tree. This
m tigation fee is based on a $135.00 installed cost per 15 -gallon tree
indicated in recently approved Town -sponsored capital im rovem nt
projects. The in -lieu m tigation funds received by the Town will be applied
to an account chosen by the Town for use by the D nville M intenance
D partm nt staff to allow the purchase and planting of beautification trees
within the Town of D nville.
A y grading on adjacent properties w uld require prior w itten approval
of those property ow ers affected.
A least one w ek prior to com neem nt of grading, the applicant shall
post the site and m it to the ow ers of property w thin 300 feet of the
exterior boundary of the project site, to the hom ow er associations of
nearby residential projects and to the D nville D velopm nt Services
D partm nt, a notice that construction w rk w 11 com nce. The notice
shall include a list of contact persons w th nam , title, phone number and
area of responsibility. The person responsible for m intaining the list shall
be included. The list shall be kept current at all tim s and shall consist of
persons w th authority to initiate corrective action in their area of
responsibility. The nam s of individuals responsible for dust, noise and
litter control shall be expressly identified in the notice.
(G O O /SO LS M CO The following conditions shall be met to the
satisfaction of the D nville Building D vision of the D nville D velopm nt Services
D partm nt:
a. eparate building perm is shall be secured for the retaining walls that are
over 4' in height, as m asured from the bottom of the footing to the top of
the wall and/or where the retaining wall will support a surcharge load.
b. eparate building perm is shall be secured for retaining walls that support
the access road, with such walls required to be built in advance of the
proposed construction of the two additional hom s at the project location.
(Refer to California Residential Code [CRC] R105.2, Item 3.)
C. ll site drainage and foundation drainage system shall be directed to an
approved storm water disposal location, which shall be clearly identified on
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the project plans. D ainage easem nts for these facilities shall be detailed
on the project plans and shall be recorded. Precise depictions of existing
and planned drainage easem nts shall be included as part of the project
im rovem nt plans and shall be subject to review and approval by the
Building vision nd he ngineering vision f he D nville
D velopm nt Services D partm nt.
d. he design and construction of new residences, accessory structures and
utilities shall be consistent with the "Geotechnical Feasibility Review"
prepared by Cornerstone Earth Group, Inc. and dated Septem er 18, 2017.
(G O O /SO LSM CO D velopm nt shall be com leted in com fiance
with a detailed soils report and the construction grading plans prepared for this
project. The engineering recom ndations outlined in the project specific soils
report shall be incorporated into the design of this project. The report shall include
specific recom ndations for foundation design of the proposed buildings and shall
be subject to review and approval by the Engineering and Planning D visions of
the D nville D velopm nt Services D partm nt.
(G O O /SO LSM CO W ere soils or geologic conditions encountered
in grading operations are different from that anticipated in the soil report, a revised
soils report shall be subm tted for review and approval by the D nville
D velopm nt Services D partm nt. It shall be accom anied by an engineering and
geological opinion as to the safety of the site from settlem nt and seism c activity.
(G O O /SO LS M CO All developm nt shall take place in com fiance
with the Town Erosion Control O dinance (O d. 91-25). Restrictions include
lim ting construction prim rily to the dry m nths of the year (M y through
O tober). If all or part of the construction does occur during the rainy season, the
applicant shall subm t an Erosion Control Plan to the D nville D velopm nt
Services D partm nt for review and approval. This plan shall incorporate erosion
control devices such as, the use of sedim nt traps, silt fencing, pad berm ng and
other techniques to m nim ze erosion. All visible m d or dirt track -out onto
adjacent private or public roads shall be rem ved using wet power vacuum street
sweepers, with a m nim m frequency of at least once per day. The use of dry power
sweeping for this cleaning is expressly prohibited.
(G O O /SO LS M CO All new developm nt shall be consistent with
m dere design for resistance to seism c forces. All new developm nt shall be in
accordance with the U iform Building Code and Town of D nville O dinances.
G O O /SO LS M CO All cut and fill areas shall be appropriately
designed to m nim ze the effects of ground shaking and settlem nt.
PA 24 0 RESO U IO N 31-2019
DocuSign Envelope ID: 34331802-5C7C-47E2-AADC-B8AFAF6CBBDC
G O O /SO LS M CO If toxic or eontam nated soil is encountered
during construction, all construction activity in that area shall cease until the
appropriate action is determ ned and im lem nted. The concentrations, extent of
the eontam nation and m tigation shall be determ ned by the Contra Costa County
H alth D partm nt. Suitable disposal and/or treatm nt of any eontam nated soil
shall m et all federal, state and local regulations. If deem d appropriate by the
H alth D partm nt, the applicant shall m ke provisions for im diate eontainm nt
of the m terials.
0. G O O /SO LSM CO Runoff from any eontam nated soil shall not
be allowed to enter any drainage facility, inlet or creek.
11. rior to the issuance of grading perm ts, the applicant shall retain a
specialist to assess rodent control im acts anticipated to be associated w th
grading activity and installation of subdivision im rovem nts. A deem d
appropriate, follow ng the D nville D velopm nt Services D partm nt's
review of the specialist's assessm nt, the applicant shall develop and
im lem nt the corresponding rodent control plan to reduce impacts to
surrounding properties to the extent reasonably possible for the tim
periods of heavy construction activity. The report shall include a schedule
for regular rodent inspections and m tigation based on the developm nt
schedule for the project. This rodent control plan is subject to review and
approval by the D nville D velopm nt Services D partm nt.
12. rior to ground disturbing activities, the applicant shall install a silt fence
or fabric fence along the perim ter of the site, adjacent to residential
developm nt, to provide a barrier to m vem nt by rodents and other
w ldlife. The fence shall be m intained until all vegetation is rem ve from
the site. D ring grading and construction activities, the applicant shall
m intain a contact person including a phone num er, should issues
associated th odent ispersal ccur, nd hall nitor hese
recom nded actions to determ ne their efficacy.
13. oncurrent w th the subm ttal of the final grading plans, the applicant shall
subm t a plan detailing all project retaining w lls greater than 4' in height
(w th this height standard as m asured from the base of any proposed w 11
footing) and all other retaining w lls determ ned to be installed. D tails
shall include w 11 height, design, construction m terials, and method of
provision for drainage behind the w lls. The plans shall also depict w ich
retaining w lls are proposed to be m intained by the project hom ow ers'
association. Final retaining w 11 design shall be subject to review and
approval by the D nville D velopm nt Services D partm nt prior to
issuance of grading perm ts.
PA 25 0 RESO U IO N 31-2019
DocuSign Envelope ID: 34331802-5C7C-47E2-AADC-B8AFAF6CBBDC
14. G O O /SO LSM CO In order to m nim ze potential im acts from
expansive soils, seism c settlem nt, the potential presence of liquefiable soils, and
the presence of shallow ground water, a Final Geotechnical Report shall be prepared
that expands upon the findings and recom ndations of the Prelim nary
Geotechnical Feasibility Review prepared for the project. The final project plans
shall incorporate the finalized geotechnical recom ndations and shall be subject
to review and approval by the D nville D velopm nt Services D partm nt prior to
issuance of a building perm t.
G TREETS
* The applicant shall obtain an encroachm nt perm t from the Engineering
D vision prior to com ncing any construction activities w thin any public
right -of -w y or public easem nt.
Regulatory signage/curb painting for the non -parking side of the interior
public and private roadw ys shall be provided, as m y be deem d
necessary and appropriate, to the satisfaction of the San Ram n Valley Fire
Protection D strict and the D nville Transportation D vision.
* Street signing shall be installed by the applicant as determ ned to be
necessary by the D nville D velopm nt Services D partm nt during the
Tow 's review of the project im rovem nt plans. Traffic signs and parking
restriction signs shall also be subject to review and approval by the D nville
Transportation D vision and the D nville Police D partm nt.
(TRA PO TA IO M CO Any dam ge to street im rovem nts found
existing or found construction on or adjacent to the project site shall be repaired by
the applicant to the satisfaction of the Engineering D vision. As determ ned
warranted by the Engineering D vision, such repair m y include slurry seal;
pavem nt overlay, and/or street reconstruction. Prior to com ncem nt of any site
work, the applicant shall establish baseline preconstruction roadway conditions in
a m nner, and covering an appropriate section of Sherburne H lls Road, Fieldstone
D ive, Fieldstone D ive, Fieldstone Court, and Cam no Tassajara, satisfactory to
the D nville D velopm nt Services D partm nt.
* To facilitate the Tow 's review of the project im rovem nt plans, that
applicant shall subm t an up-to-date title report for the subject property to
the D nville D velopm nt Services D partm nt. A 1 im rovem nts w thin
the public right -of -w y, including curb, gutter, sidew lks, drivew ys,
paving and utilities, shall be constructed in accordance w th approved
standards and/or plans and shall com ly w th the standard plans and
PA 26 0 RESO U IO N 31-2019
DocuSign Envelope ID: 34331802-5C7C-47E2-AADC-B8AFAF6CBBDC
specifications of the D nville D velopm nt Services D partm nt and
Chapters XII and XXXI of the Tow Code.
Private streets shall be im roved to public street structural standards.
Private street im rovem nts, and their dim nsions, shall be as show on
the project plans identified in #A 1. above and shall conform to Standard
Plan 104 a & b.
A part of the final m p, abutter's rights of access along the existing and
proposed public road frontages shall be relinquished. A exception to this
requirem nt is granted for the existing private vehicular easem nt at the
northeast corner of the project site. The easem nt serving A N 217-010-003
(2570 Cam no Tassajara) m y continue to be provide interim access for
project traffic and for vehicular traffic accessing to and from A N 217-010-
003.
The applicant shall have the financial obligation to cover the estim ted
future costs associated w th the conversion of the interim private vehicular
connection to Cam no Tassajara located at the northeast corner of the
project site into an em rgency vehicular access (EVA w th a public trail
access easem nt (PTA ). The planned future im rovem nts 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 D velopm nt Services D partm nt prior to the approval of
the final m p. The conversion of the interim private vehicular connection
w uld ccur t uture ate hrough ow -sponsored apital
im rovem ntp roject,o ccurringa ftera T ow -determndtion hat
appropriate alternate vehicular access to A N 217-010-003 (the 6.75 -acre
H kam S. and Sim at M sson Trust property) has been established that
w uld How ehicular raffic ssociated th xisting nd uture
developm nt on that property to access Cam no Tassajara at its signalized
intersection w th Sherburne H Ils Road. Preparation of construction -detail
im rovem nt plans for the future EVA / PTA im rovem nts shall be the
responsibility of the applicant, w th the design to be detailed as a phased
future im rovem nt on the project im rovem nt plans. Prior to approval
of the final m p, the design of the future EVA / PTA , and the requisite
corresponding adjustm nts to: (a) interim hardscape im rovements; (b)
project architectural sound w Ils; (c) pedestrian w lkw y im rovem nts;
(d) sidew Iks along the project frontage for Cam no Tassajara; and (e)
interim applicant -installed landscape and irrigation im rovem nts shall be
subject to review and approval by the D nville D velopm nt Services
D partm nt and the San Ram n Valley Fire Protection D strict. The
applicant shall m ke a front-end financial contribution to the Tow in an
PA 27 0 RESO U 10 N 31-2019
DocuSign Envelope ID: 34331802-5C7C-47E2-AADC-B8AFAF6CBBDC
am unt equivalent to 125% of a Tow -approved engineer's estim to for the
im rovem nts for the change from interim private vehicular connection to
an EVA / PTA . The im rovem nts to be installed in the future shall
include, am ng other things: (a) an extension of the architectural sound
w lls on either side of the interim vehicular access to narrow the interim
w 11 "gap" as narrow as deem d functionally feasible for the approved
EVA (b) dem lition of interim hardscape, landscaping and irrigation
im rovem nts; c) nstallation f final ardscape, andscaping nd
irrigation m rovem nts; nd d) nstallation f ltim to frontage
im rovem nts on Cam no Tassajara needed to establish the EVA / PTA .
The PTA shall link to onsite im rovem nts and easem nts in a m nner
that w uld ultim telt' allow public trail access from Cam no Tassajara
through the project site to the project's southern boundary for pubic trail
access to the planned ultim to creek side trail system planned along
Sycam re Creek.
Prior to approval of the Final M p or approval of project im rovem nt
plans, the project im rovem nt plans shall be m dified as deem d
necessary and appropriate by the D nville Transportation D vision to m et
the intent and requirem nts of the Transportation D vision com nts
contained in their N vem er 2, 2018 com nt m m randum [N te: Refer
to Exhibit D of the project's A ril 9, 2019 Planning omm ssion
A m nistrative Staff Report for a copy of the Transportation Division's
N vem er 2, 2018 com nts.]
0. he applicant shall m ke a provision to stripe curbs and install any
necessary arking r irculation ignage, s eterm ned by he
Transportation D vision.
1. rior to the approval of the project im rovem nt plans, the Transportation
D vision shall be provided an opportunity to review and approve the
location, type and design of any proposed speed control devices, as w 11 as,
the location of any related signage or street striping.
12. he applicant shall be responsible for the installation of offsite public
im rovem nts associated w th the closure of the tem orary vehicular
connection serving the Valerosa project at Fairw od Court and Cam no
Tassajara. The closure of this tem orary vehicular connection w s
anticipated and m ndated through the approval of the Valerosa project (see
Condition of A proval #I.14 of Tow Council Resolution N . 164-97 for
Planned U it D velopm nt - Rezoning request PU 98-04 and Final
D velopm nt Plan - M jor Subdivision requests D 97-14 and D D 8078).
The im rovem nt plans prepared for the Valerosa project included plans
PA 28 0 RESO U IO N 31-2019
DocuSign Envelope ID: 34331802-5C7C-47E2-AADC-B8AFAF6CBBDC
for both the interim and ultim to roadw y conditions for this area. The
developer of the Valerosa project m de a $22,500 paym nt to the Tow in
1998 that w s to be applied to the future im rovem nts. The applicant for
current project shall update the im rovem nt plans to the satisfaction of the
D velopm nt Services D partm nt and shall be responsible for the
installation of the im rovem nts. The previously collected payor nt of
$22,500 held by the Tow w 11 be applied to the project costs. The tim ng of
installation of these im rovem nts, as w 11 as the tim ng to allow Valerosa
residents to use interim and ultim to project roadw ys in the current
project, is subject to review and approval by the D velopm nt Services
D partm nt prior to the approval of the final m p.
H NFRA TRU TU E
D m stic w ter supply shall be from an existing public w ter system
Water supply service shall be from the East Bay M nicipal U ility D strict
(EBM w ter system in accordance w th the requirem nts of EBM
EBM s initial com nts on this project are dated Septem er 19, 2018.
[N tes: See A visory Com nt #2 for EBM s project com ents and
refer to Exhibit D of the project's A ril 9, 2019 Planning Comm ssion
A m nistrative Staff Report for a copy of SRVU D s Septem er 25, 2018
com nts for project D velopm nt D to and Water Services D ta.]
A 1 w stew ter shall be disposed into an existing sew r system. Sew r
disposal service shall be from the Central Contra Costa Sanitary D strict
sew r system in accordance w th the requirem nts of the D strict. The
D strict's initial com nts on this project are dated Septem er 24, 2018.
[N te: See A visory Com nt #3 for sum tion of the District's
com nts.]
D ainage facilities and easem nts shall be provided for review and
approval o he atisfaction f he nville velopm nt Services
D partm nt.
* A 1 runoff from im ervious surfaces shall be intercepted at the project
boundary and shall be collected and conducted via an approved drainage
m thod through the project to an approved storm drainage facility, as
determ ned y he nville velopm nt ervices partm nt.
D velopm nt w ich proposes to contribute additional w ter to existing
drainage system shall be required to com Tete a hydraulic study and m ke
im rovem nts to the system as required to handle the expected ultim to
peak w ter flow and to stabilize erosive banks that could be im acted by
additional storm w ter flow
PA 29 0 RESO U IO N 31-2019
DocuSign Envelope ID: 34331802-5C7C-47E2-AADC-B8AFAF6CBBDC
oof drainage from structures shall be collected via a closed pipe and
conveyed to an approved storm drainage facility in the street curb. N
concentrated drainage shall be perm tted to surface flow across sidew Iks.
A y portion of the drainage system that conveys runoff from public streets
shall be installed w thin a dedicated drainage easem nt, or public street.
If a storm drain m st cross a lot, or be in an easem nt betw en lots, the
easem nt shall be equal to or at least double the depth of the storm drain.
The applicant shall furnish proof to the D nville D velopm nt Services
D partm nt of the acquisition of all necessary rights of entry, perm is
and/or easem nts for the construction of off-site tem orary or perm nent
road and drainage im rovem nts.
A I new utilities required to serve the developm nt shall be installed
underground n ccordance th he ow olicies nd existing
ordinances. A I utilities shall be located and provided w thin public utility
easem nts, sited to rn et utility com any standards, or in public streets.
0. 1 utility distribution facilities, including but not lim ted to electric,
com nication, and cable television lines, w thin a residential subdivision
shall be under ground, except as follow :
a. quipm nt appurtenant to underground facilities, such as surface
m unted transform rs, pedestal m unted term nal boxes and m ter
boxes, and concealed ducts; or
b. tal poles supporting street lights.
1. 1 street, drainage or grading im rovem nt plans shall be prepared by a
licensed civil engineer.
2. arcels A B, and C shall be im roved w th private storm treatm nt facilities
and shall be encum ered w th the follow ng easem nt language: "Parcels
A B, and C are designated as "Storm Treatm nt Facility Easements" or
"STFEs" and are for the exclusive purpose to collect and treat storm ter
and for housing the related im rovem nts and appurtenances associated
w th the storm ter treatm nt facilities approved on the storm ter
control plan for this property. Easem nt rights include construction, access,
and m intenance for these im rovem nts. The construction of buildings or
structures, or the introduction of other activity w ich m y interfere w th
the planned perform nce of the storm ter treatm nt facilities is strictly
PA 30 0 RESO U 10 N 31-2019
DocuSign Envelope ID: 34331802-5C7C-47E2-AADC-B8AFAF6CBBDC
prohibited unless specifically approved in advance by the D nville
D velopm nt Services D partm nt. In addition, developm nt rights w thin
said STFEs are hereby offered in dedication to the Tow of D nville.
O going m intenance w thin said STFEs shall be perform d by the project
hom ow ers association as stated in the associated recorded O eration and
M intenance A reem nt."
13. asem nts m rked to be quitclaim d on the Vesting Tentative M p shall be
quitclaim d and recorded prior to Final M p approval.
14. he applicant shall prepare and subm t a detailed hydrology/ hydraulic
report for the project for review and approval by the D nville D velopm nt
Services D partm nt. The report shall be subm tted to the Tow in
conjunction w th the applicant's initial subm ttal of project im rovem nt
plans and the subm ttal of the Final Storm ter Control Plan for the project.
The applicant shall docum nt to the Tow 's satisfaction that the requisite
review of the hydrology/ hydraulic report, w th a focus on the project's
hydro m dification requirem nts, has been m de by the Contra Costa
County Flood Control and Water Conservation D strict.
N0YyNOA;WO]
* The project shall be constructed as approved. M nor m difications in the
design, but not the use, m y be approved by staff. A y other change w uld
require lanning om ssion pproval hrough he evised final
D velopm nt Plan review process.
* Conditions of this approval m y require the applicant to install public
im rovem nts on land over w ich neither the applicant, nor the Tow , has
easem nt rights to allow for the installation of the im rovem nts. The
applicant shall be responsible for acquisition of said easem nt rights
through rivate egotiations. f he pplicant s nsuccessful n
negotiations, the applicant shall apply to the Tow for use of em nent
dom in pow rs in accordance w th Tow Resolution N . 78-85. A l
easem nt rights shall be secured prior to Tow Council final approval of
any subdivision m p. A l costs associated w th such acquisition shall be
borne by the applicant.
* Pursuant to G vernm nt Code section 66474.9, the applicant (including the
applicant or any agent thereof) shall defend, indem ify, and hold harm ess
the Tow of D nville and its agents, officers, and em loyees from any
claim action, or proceeding against the Tow or its agents, officers, or
em loyees to attack, set aside, void, or annul, the Tow ' approval
PA 310 RESO U IO N 31-2019
DocuSign Envelope ID: 34331802-5C7C-47E2-AADC-B8AFAF6CBBDC
concerning these developm nt applications, w ich action is brought w thin
the tim period provided for in Section 66499.37. The Tow w uld
prom tly notify the applicant of any such claim action, or proceeding and
cooperate fully in the defense.
* U e of any private gated entrance in the project is expressly prohibited.
(H AD A H AD M ERIA S M CO Although the
Phase 1 Environm ntal Site Assessm nt prepared by Cornerstone Earth Group,
dated O tober 5, 2017 indicates that no significant im acts from the 1,000 -gallon
underground storage tank (U T) were detected during the investigation for the
Phase 1 report, pockets of im acted soil, vapor and/or ground water m y be
encountered in the vicinity of the U T during rem val of the U T or construction
activities. A Site M nagem nt Plan (SM ) and H alth and Safety Plan (HSP) shall
be prepared that establishes appropriate m nagem nt practices for handling suspect
conditions (e.g., soil with an odor or discoloration) or structures, if encountered
during construction activities.
(H A D A H AD M ERIA S M CO Prior to
dem lition activities, an asbestos survey shall be conducted by an Asbestos H zard
Em rgency Response Act (AH RA) and California D vision of O cupational
Safety and H alth (Cal/O H ) certified building inspector to determ ne the
presence or absence of asbestos containing -m terials (ACM ). If ACM are located,
abatem nt of asbestos shall be com leted prior to any activities that would disturb
ACM or create an airborne asbestos hazard. Asbestos rem val shall be perform d
by a State certified asbestos containm nt contractor in accordance with the Bay
Area Air Q ality M nagem nt D strict (BAAQ Regulation 11, Rule 2.
(H A D A H AD M ERIA S M CO If paint is
separated from building m terials (chem tally or physically) during demolition of
the structures, the paint waste shall be evaluated independently from the building
m terial for lead by a qualified Environm ntal Professional. If lead-based paint is
found, the applicant shall be responsible for abatem nt, which shall be completed by
a qualified Lead Specialist prior to any activities that would create lead dust or fum
hazard. Lead-based paint rem val and disposal shall be perform d in accordance
with California Code of Regulation Title 8, Section 1532. 1, which specifies exposure
lim ts, exposure m nitoring and respiratory protection, and m ndates good worker
practices by workers exposed to lead. Contractors perform ng lead-based paint
rem val shall provide evidence of abatem nt activities to the Town Engineer.
(H AD A H AD M ERIA S M CO If the asbestos
containing -m terials (ACM report determ nes there are ACM present, the
applicant shall have the responsibility to:
PA 32 0 RESO U IO N 31-2019
DocuSign Envelope ID: 34331802-5C7C-47E2-AADC-B8AFAF6CBBDC
em ve and dispose all ACM in accordance with applicable Federal, State
and local regulations governing asbestos including, but not lim ted to those
prom lgated by O H , EPA, Cal -O H , Cal -D H D SC, and the Bay
Area Air Q ality M nagem nt D strict (BAAQ ;
b. upply notification to em loyees, contractors, subcontractors, and tenants
having access to the buildings on the project site as to the presence, location,
and quantity of ACM docum nted to be present at the site, with such
notification to occur within 15 days of receiving such inform tion;
C. etention of a State of California licensed and Cal -O H registered
asbestos contractor to com Tete the recom nded pre -dem lition abatem nt
of all ACM at the site;
d. rovision of a 10 working day m nim m advanced written notification to
BAAQ rior o em lition ctivities with aid otice o e
accom anied by paym nt of requisite adm nistrative fees); and
e. rovision of an "Intent to Conduct ACM Related W rk" notification to
Cal -O H .
(H A D A H AD M ERIA S M CO If the lead-based
paint (LBP) report determ nes there are LBPs present, the applicant shall have the
responsibility to: (a) rem ve and dispose all LBPs in accordance with applicable
Federal, State and local regulations; (b) advise contactors engaged in work at the
site that LBPs are present and that said LBPs shall only be im acted by properly
trained workers, using appropriate lead -related work practices in com Hance with
applicable Cal -O H worker exposure regulations; and (c) provision of an "Intent
to Conduct Lead Related W rk" notification to Cal -O H .
0. H D O O A WATER Q ITY M CO A perm t is required
from the Contra Costa H alth Services D partm nt - Environm ntal H alth
D vision (CCEH for any well or soil boring prior to com ncing drilling
activities, ncluding hose ssociated ith ater upply, nvironm ntal
investigation and cleanup, or geotechnical investigation.
1. H D O O A WATER Q ITY M CO Any abandoned wells
(water, environm ntal investigation, or geotechnical) and septic tanks shall be
destroyed under perm t from Contra Costa County H alth Services D partm nt -
Environm ntal H alth D vision (CCEH. If the existence of such wells or septic
tanks are known in advance or discovered during construction or other activities,
these m st be clearly m rked, kept secure, and destroyed pursuant to CCEH
regulations.
PA 33 0 RESO U IO N 31-2019
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2. U ILITIES A SERVICE SYSTEM M CO The proposed project shall
conform to the Town's Storm ater M nagem nt and D scharge Control
O dinance (O d. N . 2004-06) and all applicable construction Best M nagem nt
Practices (BM s) for the site. For exam le, construction BM s m y include, but
are not lim ted to: the storage and handling of construction m terials, street
cleaning, proper disposal of wastes and debris, painting, concrete operations,
v dewatering Aerations, avem nt perations, ehiel%quipm nt cleaning,
m intenance and fueling and stabilization of construction entrances. Training of
contractors on BM s for construction activities is a requirem nt of this perm t. At
the discretion of the D nville D velopm nt Services D partm nt, a Storm W ter
Pollution Prevention Plan (SW PP) m y be required for projects under five acres.
3. H D O O A WATER Q ITY M CO All grading activity
shall address N tional Pollutant D scharge Elim nation System (N D S)
concerns. Specific m asures to control sedim nt runoff, construction pollution and
other potential construction contam nation shall be addressed through the Erosion
Control Plan (ECP) and Storm W ter Pollution Prevention Plan (SW PP). The
SW PP shall supplem nt the Erosion Control Plan and project im rovem nt
plans. These docum nts shall also be kept on-site while the project is under
construction. A N D S construction perm t m y be required, as determ ned by
the D nville D velopm nt Services D partm nt.
4. H D O O ER ITY O Prior o
com neem nt of any site work that will result in a land disturbance of one acre
or m re in area, the applicant shall subm t evidence to the Town that the
requirem nts for obtaining a State General Construction Perm t have been m t.
Such evidence m y be the copy of the N tice of Intent (N ) sent to the State W ter
Resources Control Board.
5. H D O O A WATER Q ITY M CO The project shall
conform to the Regional W ter Q ality Control Board post -construction C.3
regulations which shall be designed and engineered to integrate into the project's
overall site, architectural, landscaping and im rovem nt plans. These requirem nts
are contained in the project's Storm ater Control Plan and are to be im lem nted
as follows:
a. rior o ssuance f erm is or uilding, ite m rovements, r
landscaping, the perm t application shall be consistent with an approved
Storm ater Control Plan and shall include drawings and specifications
necessary to im lem nt all m asures in the approved plan. The perm t
application shall include a com leted Construction Plan C.3 Checklist as
described in the Town's Storm ater C.3 Guidebook.
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DocuSign Envelope ID: 34331802-5C7C-47E2-AADC-B8AFAF6CBBDC
b. s m y be required by the D nville D velopm nt Services D partm nt,
drawings subm tted with the perm t application (including structural,
m ehanieal, architectural, grading, drainage, site, landscape, and other
drawings) shall show the details and m thods of construction for site design
features; m asures to lim t directly connected im ervious area; pervious
pavem nts; self-retaining areas; treatm nt Best M nagem nt Practices
(BM s); perm nent source control BM s; and other features that control
storm ater flow and potential storm ater pollutants.
C. rior to approval of the Final M p, the applicant shall execute any
agreem nts identified in the Storm ater Control Plan which pertain to the
transfer of ownership and/or long-term m intenanee of storm ater
treatm nt or hydrograph m dification BM s.
d. rior to approval of the Final M p, the applicant shall subm t, for the
Town's eview nd pproval, torm ater M eration nd
M intenanee Plan in accordance with the Town of D nville guidelines.
16. H D O O A WATER Q ITY M CO A final Storm ater
Control Plan (SCP) shall be prepared and subm tted as part of the Final M p
review. The Contra Costa Clean W ter Program has developed the 711, Edition
Storm ater C.3 Guidebook to assist those who prepare SCP's. Information and
guidance re vailable n he rogram ebsite s follows:
http://www.eccleanwater.org e3-guidebook.htm .
17. H D O O A WATER Q ITY M CO The project is in the
San Ram n Creek watershed. Consistent with FC D strict recom ndations, the
project is required to m tigate its potential adverse drainage im acts upon the San
Ram n Creek watershed. Toward that end, the applicant shall m tigate the im act
of adding storm ater runoff into the San Ram n Creek watershed by either of the
following m thods:
a. em ve 1 cubic yard of channel excavation m terial from the inadequate
portion of San Ram n Creek for each 50 square feet of new impervious
surface area created by the developm nt. All excavated m terial shall be
disposed of off-site by the applicant at his own cost. The site selection, land
rights, and construction staking will be perform d by the Contra Costa
County Flood D strict & W ter Conservation D strict (FC D strict).
or, upon written request by the applicant:
b. rovide for a cash paym nt in lieu of actual excavation and rem val of
m terial from the inadequate portion of San Ram n Creek. The cash
paym nt will be calculated at a rate of $0.20 per square foot of new
PA 35 0 RESO U IO N 31-2019
DocuSign Envelope ID: 34331802-5C7C-47E2-AADC-B8AFAF6CBBDC
im ervious surface area created by the developm nt. The added im ervious
surface area created by the developm nt will be based on the FC D strict's
standard im ervious surface area ordinance. The FC D strict will use these
funds to work on San Ram n Creek annually. The m tigation fee for this
project will be based on the increase of im ervious area. The applicant shall
supply a worksheet to the FC D strict, which includes a scalable m p that
shows the square footage of the existing and proposed im ervious areas.
18. H D O O A WATER Q ITY M CO W en sites are
developed, debris from construction or dem lition activity shall go to a solid waste
and/or recycling facility that com lies with the applicable requirem nts and can
lawfully accept the m terial (e.g., solid waste perm t, EA N tification, etc.). The
debris shall be transported by a hauler that can lawfully transport the m terial.
D bris bins or boxes of one cubic yard or m re owned by the collection service
operator shall be identified with the nam and telephone num er of the agent
servicing the container.
19. U ILITIES A SERVICE SYSTEM M CO The proposed project shall
conform to the Town's Storm ater M nagem nt and D seharge Control
O dinance (O d. N . 2004-06) and all applicable construction Best M nagem nt
Practices (BM s) for the site. For exam le, construction BM s m y include, but
are not lim ted to: the storage and handling of construction m terials, street
cleaning, proper disposal of wastes and debris, painting, concrete operations,
v dewatering perations, avem nt perations, ehicl%quipm nt cleaning,
m intenance and fueling and stabilization of construction entrances. Training of
contractors on BM s for construction activities is a requirem nt of this perm t. At
the discretion of the D nville D velopm nt Services D partm nt, a Storm W ter
Pollution Prevention Plan (SW PP) m y be required for projects under five acres.
20. U ILITIES A SERVICE SYSTEM M CO All grading activity shall
address N tional Pollutant D scharge Elim nation System (N D S) concerns.
Specific m asures to control sedim nt runoff, construction pollution and other
potential construction contam nation shall be addressed through the Erosion
Control Plan (ECP) and Storm W ter Pollution Prevention Plan (SW PP). The
SW PP shall supplem nt the Erosion Control Plan and project im rovem nt
plans. These docum nts shall also be kept on-site while the project is under
construction. A N D S construction perm t m y be required, as determ ned by
the D nville D velopm nt Services D partm nt.
21. U ILITIES A SERVICE SYSTEM M CO Prior to com neem nt of
any site work that will result in a land disturbance of one acre or m re in area, the
applicant shall subm t evidence to the Town that the requirem nts for obtaining a
State General Construction Perm t have been m t. Such evidence m y be the copy
of the N tice of Intent (N ) sent to the State W ter Resources Control Board.
PA 36 0 RESO U IO N 31-2019
DocuSign Envelope ID: 34331802-5C7C-47E2-AADC-B8AFAF6CBBDC
22. U ILITIES A SERVICE SYSTEM M CO The project shall conform
to the Regional W ter Q ality Control Board post -construction C.3 regulations
which shall be designed and engineered to integrate into the project's overall site,
architectural, landscaping and im rovem nt plans. These requirements are
contained in the project's Storm ater Control Plan and are to be im lemented as
follows:
a. rior o ssuance f erm is or uilding, ite m rovements, r
landscaping, the perm t application shall be consistent with an approved
Storm ater Control Plan and shall include drawings and specifications
necessary to im lem nt all m asures in the approved plan. The perm t
application shall include a com leted Construction Plan C.3 Checklist as
described in the Town's Storm ater C.3 Guidebook.
b. s m y be required by the D nville D velopm nt Services D partm nt,
drawings subm tted with the perm t application (including structural,
m chanical, architectural, grading, drainage, site, landscape, and other
drawings) shall show the details and m thods of construction for site design
features; m asures to lim t directly connected im ervious area; pervious
pavem nts; self-retaining areas; treatm nt Best M nagem nt Practices
(BM s); perm nent source control BM s; and other features that control
storm ater flow and potential storm ater pollutants.
C. rior to building perm t final and issuance of a Certificate of O cupancy,
the applicant shall execute any agreem nts identified in the Storm ater
Control Plan which pertain to the transfer of ownership and/or long-term
m intenance of storm ater treatm nt or hydrograph m dification BM s.
d. rior to building perm t final and issuance of a Certificate of O cupancy,
the applicant shall subm t, for the Town's review and approval, a
Storm ater BM O eration and M intenance Plan in accordance with the
Town of D nville guidelines. Guidelines for the preparation of Storm ater
BM O eration and M intenance Plans are in Appendix F of the Town's
Storm ater C.3 Guidebook.
23. U ILITIES A SERVICE SYSTEM M CO Prior to issuance of
grading or building perm is for the project, the applicant, project general
contractor, and appropriate project sub -contractors shall attend a pre -construction
m eting with the assigned Engineering D vision and Storm ater inspection staff
to discuss the project SCP and related IM s and to discuss the inspection process
to be used to assure IM s are installed consistent with the SCP.
PA 37 0 RESO U IO N 31-2019
DocuSign Envelope ID: 34331802-5C7C-47E2-AADC-B8AFAF6CBBDC
24. U ILITIES A SERVICE SYSTEM M CO W itten Engineering
D vision or Storm ater Program inspection staff sign -offs shall be secured for
construction and installation of all project IM s, with IM s inspections observing
the following m nim m inspection sequence: a) layout inspection (required prior to
beginning project excavation); b) excavation inspection (required prior to
backfilling IM s with any m terial or pipe installation); e) overflow inlet/surface
connection to storm drain system inspection (required prior to backfilling IM s
with any m terial); d) underground connection to storm drain outlet or orifice
inspection (required prior to backfilling IM s with any m terial); e) drain rock/sub-
drain inspection (required prior to soil m dia m x inspection/test and installation);
J) soil m dia m x inspection/test (required prior to soil m dia installation); g) soil
m dia installation inspection (required prior to irrigation installation); h)
irrigation inspection (required prior to plant m terial installation); i) planting
inspection (required prior to final Engineering D vision Inspection); and j)
Engineering D vision Final (required prior to building perm t final). The applicant
shall utilize the inspection log provided by the Engineering D vision at the pre -
construction m eting.
25. U ILITIES A SERVICE SYSTEM M CO Prior to approval of the
Final M p, the applicant shall prepare and subm t a detailed O eration and
M intenance Agreem nt to the D velopm nt and Services D partm nt for review
and approval. The O enation and M intenance Agreem nt shall identify the
m intenance and funding for proposed storm water m nagem nt features at the
project site (i.e., bio -retention facility, storm water detention basin). All features
shall be m intained and funded by the local hom owners' association (H ),
GH D or other instrum nt determ ned to be acceptable to the Town. The
m intenance protocols shall address both routine and non -routine m intenance
activities and shall explicitly identify m nitoring and reporting requirem nts.
These protocols shall include an estim to of annual m nitoring and m intenance
costs.
6. EN RG M CO In order to ensure that energy dem nd is reduced to avoid
the wasteful or inefficient use of energy, the applicant shall subm t detailed design -
level plans to the Town of D nville identifying that energy conservation m asures
have been incorporated into design and operation of the project, prior to the issuance
of any building perm t. The applicant shall im lem nt the following or com arable
energy conservation m asures, including, but not lim ted to:
a. reject design shall m et or exceed the requirem nts of California Title 20
and Title 24 - Building Energy Efficiency Standards,
b. he applicant shall install efficient lighting and lighting control system .
PA 38 0 RESO U IO N 31-2019
DocuSign Envelope ID: 34331802-5C7C-47E2-AADC-B8AFAF6CBBDC
C. pplicant-installed landscape hardscape shall be generally lim ted to light-
colored cool pavem nts which shall be supplem rated with and strategically
placed applicant -installed shade trees.
d. he applicant shall install energy efficient heating and cooling system ,
appliances and equipm nt, and control system , including, but not lim ted
to:
Sm rt m ters and program ble therm stats; and
H ating, Ventilation, and Air Condition (H AC) ducts sealing.
pplicant-install landscape outdoor lighting shall be generally lim ted to
light em King diodes (LED ).
f. he applicant shall provide outdoor electrical outlets for the project
residences.
he applicant m y propose substitute m asures provided they achieve com arable
energy use reductions as the m asures proposed above. If alternative m asures are
proposed, the applicant shall provide detailed evidence dem nstrating the m asures
efficacy at reducing energy dem nd.
7. he location, design and num er of grouped m ilbox structures serving the
project hall e ubject o eview nd pproval y he D nville
D velopm nt Services D partm nt and the local Postm ster.
8. a part of the issuance of a dem lition perm t and/or building perm t for
the project, the applicant shall subm t a recycling plan through G een H to
for dem lition, building and construction m terials and the disposal of
green w ste generated from land clearing on the site. Prior to obtaining
fram ng inspection approval for the project, the applicant/ow er shall
provide the Building D vision of the D nville D velopm nt Services
D partm nt w th w itten docum ntation (e.g. receipts or records) through
the Tow 's G een H to system indicating that w ste m terials created from
the dem lition of existing buildings and the construction of new buildings
w re/are being recycled according to the Tow 's Recycling O dinance.
Project em lition Tans nd pecifications hall tipulate, o he
satisfaction of the Chief Building O ficial and prior to initiation of any
dem lition activities, that such dem lition activities w 11 com ly w th
BA Regulation 11, Rule 2: A bestos D m lition, Renovation, and
M nufacturing.
PA 39 0 RESO U IO N 31-2019
DocuSign Envelope ID: 34331802-5C7C-47E2-AADC-B8AFAF6CBBDC
9. he project hom ow er's association, through project -specific covenants,
conditions and restrictions (CC& s), shall be responsible for m intenance
of all com n landscape areas and com n fencing. D aft project CC& s
shall be subm tted to the Tow of D nville for review and approval a
m nim m of 45 days prior to approval of the Final M p.
0. he roject om ow er's ssociation hall e esponsible for he
m intenance of front yard landscape and irrigation im rovem nts, project
installed architectural sound w 11 facilities, private roadw ys, the area
southw st of the interim term nation of Private A ley 1, and all com n
project fencing. A part of the subm ttal for project im rovem nt plans, the
applicant shall detail all areas and im rovem nts proposed for project
hom ow er's association responsibility.
A visory Com nts
1. In accordance w th D nville M nicipal Code 31-11.14 et seq., the applicant
w 11 e equired o uarantee he nstallation f om on rea
im rovem nts that benefit the lots in the developm nt. The guarantee w 11
be required to take the form of a Subdivision A reem nt and acceptable
perform nce security. The applicant is encouraged to read and understand
the M nicipal Code requirem nts associated w th this guarantee and be
prepared to execute the agreem nt and provide the perform nce security
prior to the scheduling of any building perm t inspections for any new y
constructed residence in the project.
2. O ce the property is subdivided, separate (w ter service) m ters for each
lot w 11 be required. A m in extension at the project sponsor's expense w 11
be required to serve the proposed developm nt. When the developm nt
plans are finalized, the project sponsor should contact EM U 's N w
Business O fice and request a w ter service estim to to determ ne the costs
and conditions of providing w ter service to the developm nt. Engineering
and installation of w ter m ins and m ters requires substantial lead tim
w ich should be provided for in the sponsor's developm nt schedule. N
w ter m ters are allow d to be located in drivew ys. The project sponsor
should be aw re that Section 31 of EBM s Water Service Regulations
requires that w ter service shall not be furnished for new or expanded
service unless all the applicable w ter -efficiency m asures described in the
regulation are installed at the project sponsor's expense. D e to EBM s
lim ted w ter supply, all custom rs should plan for shortages in tim s of
drought.
PA 40 0 RESO U IO N 31-2019
DocuSign Envelope ID: 34331802-5C7C-47E2-AADC-B8AFAF6CBBDC
3. cording to Central Contra Costa Sanitary D strict (Central San) records,
the project site is w thin Central San's service area and sanitary sew r
service is available to the project site. The applicant w uld need to construct
a set of on-site public m in sew rs and private laterals. The proposed
project w uld not be expected to produce an unm nageable added capacity
dem nd on the w stew ter system nor interfere w th existing facilities. The
applicant w 11 be required to subm t full-sized building plans for Central
San M inline Review in advance and to pay fees and charges at the tim of
m inline Ian ubm ssion, ew r erm t ssuance nd esidential
connection to the sew r system For details, contact Central San's Perm t
Section at (925) 229-7371.
4. The follow ng advisory com nt relates to the Contra Costa County Flood
Control & Water Conservation D strict's (FC D strict's) review of the project
proposal. The FC D strict is not the approving local agency for this project
as defined by the Subdivision M p A t. A a special district, the FC D strict
has an independent authority to collect drainage fees that is not restricted
by the Subdivision M p A t. The FC D strict regularly adjusts its drainage
fees to reflect increasing construction costs. The drainage fee rate does not
vest at the tim of vesting tentative m p approval. The drainage fees due
and payable w 11 be based on the fee in effect at the tim of fee collection.
A PRO ED by the D nville Tow Council at a regular m eting on M y 7, 2019, by the
follow ng vote:
A ES• Arnerich, Blackwell, Morgan, Storer, stepper
N S: None
A STA NED None
A SEN : None
A PRO ED A TO FO M:
DoacuSidned by'..
$.
CITY A TO N Y
DocuSigned by
264QD074617840D
MAYO
TEST:
_. DaenSFgncd by.
S t i
ITY CLERK
PA 410 RESO U IO N 31-2019