HomeMy WebLinkAbout2019-01RESOLUTION NO. 2019-0'].
RECOMMENDING THE TOWN COUNCIL CERTIFY A FINAL ENVIRONMENTAL
IMPACT REPORT AND APPROVE REQUESTS FOR A GENERAL PLAN
AMENDMENT, PRELIMINARY DEVELOPMENT PLAN - REZONING, MAJOR
SUBDIVISION, FINAL DEVELOPMENT PLAN, AND TREE REMOVAL
PERMIT ALLOWING FOR THE DEVELOPMENT OF A 37.UNIT
TOI^/NHOUSE PROJECT ON A 1.88 ACRE SITE LOCATED
AT 359 AND 375 WEST EL PINTADO
WHEREAS, GMMR LLC (Owner) and TALMONT HOMES (Applicant) have requested
approval of a General Plan Amendment (GP42015-0001), Preliminary Development Plan
- Rezoning (PUD2015-0001), Major Subdivisiorç and a Final Development Plan (DP2015-
0065) to allow for the development of a maximum 37-unit townhouse development. The
General Plan Amendment request pertains to the 359 West El Pintado parcel orny (.29
acres) and would amend the Town's General Plan Land Use Designation from Residential
- Single Family - Low Density (1-3 units per acre) to a Mixed Use Land Use Designation.
The Preliminary Development Plan - Rezoning request would rezone the project site to a
new Pl; Planned Unit Development District, and the Major Subdivision would subdivide
the site creating a maximum of 37 townhomes. The Final Development Plan would
provide for the approval of project architecture, site design, and landscape design. A Tree
Removal application (TR2015-0039) is also required to allow for the removal of 9 Town-
Protected trees; and
WHEREAS, the development applications were defined a "Project" under the California
Environmental Quality Act (CEQA) and the Town of Danville determined that
preparation of an Environmental Impact Report (EIR) for the project would be required;
and
WHEREAS, the Town of Danville prepared and circulated a Notice of Preparation (NOP)
on January 22,201.6, for a 30-day review period ending on February 22,201.6, soliciting
guidance from the public and interested agencies on the scope and content of the EI&
and
WHEREAS, the NOP was sent to the California State Clearinghouse and the EIR was
assigned the Clearinghouse Number 201.6012045; and
WHEREAS, the Town of Danville held a publicly noticed scoping session on the EIR on
February 9,20'1.6; and
WHEREAS, the Town of Danville subsequently completed a Draft Environmental Impact
Report (Draft EIR) in accordance with CEQA; and
WHEREAS, on July 30, 2018, the Draft EIR was released by the Town of Danville to the
public and interested agencies for a 45-day review period, which ended on September 1.4,
2018; and
WHEREAS, notice was mailed to approximately 1,48 addresses advising of the
availability of the Draft EIR for public review and of the public hearing to allow
comments on the Draft EIR which occurred on September 11,,2018; and
WHEREAS, the Town of Danville prepared a Final Environmental lmpact Report (Final
EIR) and released it to the public and interested agencies on January 12,2019; and
WHEREAS, on January 22,2019, the Planning Commission held a public hearing to
consider the Final EIR and the development application; and
WHEREAS, a staff report was submitted recommending that the Planning Commission
recoûrmend the Town Council certify the Final EIR, adopt findings of Íact, mitigation
measures and a Mitigation Monitoring and Reporting Program and approve the
development applications; and
WHEREAS, after the conclusion of the public hearings on the EIR and Project, the
Planning Commission determined that the Draft EIR and Final EIR (collectively, the EIR)
has been prepared in compliance with CEQA; and
WHEREAS, the Planning Commission reviewed and considered the information
contained in the EIR and the testimony presented at the public hearings prior to making
a recoÍunendation on the Project; and
WHEREAS, the Planning Commission finds that the EIR reflects its independent
judgment and analysis; and
WHEREAS, the Planning Commission finds that all feasible mitigation measures were
considered and recommended for adoption; and
WHEREAS, prior to taking action and making this recoffunendation to the Town
Council, the Planning Commission declares that it has heard and been presented with,
reviewed, and considered all of the information and data in the administrative record,
including the EIR and other documentation relating to the Final EIR and the development
application; and
WHEREAS, the required CEQA Findings are attached to this Resolution as Exhibit 1;
now therefore, be it
PAGE 2 OF RESOLUTION NO. 2019.01"
RESOLVED that the Planning Commission recommends the following to the Town
Council:
Section L. The Town Council find that the EIR has been prepared in compliance with
CEQA, and reflects the independent judgment and analysis of the Town of Danville.
Section 2. The Town Council declare that it has made a reasonable and good faith effort
to eliminate or substantially mitigate, through adoption of all feasible mitigation
measures, all potential negative impacts that may result from the development
application.
Section 3. The Town Council concurs with the CEQA Findings of Fact in Exhibit L to this
Resolution and incorporated herein by this reference.
Section 4. The Town Council Certify the EIR and approve the development application.
Section 5. The Town Council authorize that a Notice of Determination be filed within
five working days of approval of the development application.
And, be it further
RESOLVED, that the Planning Commission of the Town of Danville recornmends that
the Town Council approve General Plan Amendment (GP42015-0001), Preliminary
Development Plan - Rezoning (PUD2015-0001), Major Subdivisioru Final Development
Plan (DP2015-0065), and Tree Removal permit TR15-0039, and makes the following
findings in support of this action:
FINDINGS OF APPROVAL
Preliminøry D eu elopment Pløn - Rezoning
The proposed Rezoning would substantially comply with the Danville 2030
General Plan and further finds that the rezoning for residential development is
within the maximum permitted density under the property's General Plan land
use designation and because the proposed development is consistent with the
direction provided within the 2030 General Plan under the GMMR LLC Special
Concern Area. Both of these designations permit residential units at a density of
20-25 units per acre.
The uses authorized or proposed in the land use district are compatible within the
district and to uses authorized in adjacent districts. The proposed infill housing is
an efficient development pattern consistent with surrounding residential and
commercial developments and will add to existing infrastructure that services the
adjacent single family residential uses.
PAGE 3 OF RESOLUTION NO. 2OL9-O'',
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Einøl Deaelopment Pløn - Major Subdiaision
The proposed subdivision is in substantial conformance with the goals and
policies of the Danville 2030 General Plan and the site's Mixed Use land use
designation which allows multiple family residential development in the range of
20-25 units per acre.
2.The design of the proposed subdivision is in conformance with the P-1; Planned
Unit Development District since the subject P-'1,; Planned Unit Development
District is customized to the subject development. The P-1; Planned Unit
Development District is listed as a consistent zoning designation under the site's
Mixed Use land use designation.
The design of the subdivision and the type of associated improvements will not
likely cause serious public health problems, because water and sanitary facilities
and services will be available to the parcels. The project has been reviewed by the
San Ramon Valley Fire Protection District, Central Contra Costa County Sanitary
District, East Bay Municipal Utility District, and the Town's Building Division and
it was determined that the site is adequately served by public facilities and
services. In Addition, the Final EIR prepared for the project did not find any
potential significant impacts related to the provision of public services.
The density of the subdivision is physically suitable for the subject site and
surrounding neighborhood because the proposed development is similar in size
and density to the residential development adjacent to the site to the west, and is
compatible on scale to the commercial development to the north and east. The
project provides for an adequate buffer and transition to the single family
residential area to the south.
Community need has been demonstrated for the use pioposed. The location,
density, size and type of proposed use are compatible with the existing uses in the
surrounding neighborhood because it is an infill site that is compatible with
existing development in the area and will provide housing in an area that is largely
built out.
The design of the proposed subdivision and improvements are not likely to cause
substantial environmental damage or subsequently injure fish or wildlife or their
habitat, in part because the project site is an area where development has
previously occurred. Biological resources were reviewed as part of the EIR
prepared for the project and found that the development would not have a
significant impact on biological resources with mitigation incorporated.
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PAGE 4 OF RESOLUTION NO. 2019-01.
6.The design of the proposed subdivision and proposed improvements would not
conflict with easements, acquired by the public atlarge, for access through or use
of, property within the proposed subdivision. There are currently no existing
public easements for access through or use of the subject properties.
Tree Remoaøl Permit
The project as proposed would remove 43 trees. Of the 43 trees to be removed, t have
been determined to be protected trees under the provision of the Town's Tree
Preservation Ordinance.
The findings below address only the 9 trees designated as protected under the Town's
Tree Preservation Ordinance. The EIR for the project analyzes the potential
environmental impacts of removing all trees, whether or not they are designated as
protected.
Necessity. The primary reason for removal of the Town-protected trees is that
preservation of those trees would be inconsistent with the proposed residential
development of the property, including the creation of a new roadway system and
grading to create residential development pads.
Erosion/surface water flow. Removal of the Town-protected trees will not cause
significant soil erosion or cause a significant diversion or increase in the flow of
surface water.
3. Visual effects With respect to other trees in the area, the project site contains a
significant number of additional trees, including additional Town-protected Oak
trees that would not be removed for the project. In addition, the project proponent
will be required to replace all Town-protected trees to be removed with trees of an
approved species and of a cumulative number and diameter necessary to equal
the diameter of the tree(s) which have been approved for removal in accordance
with the Town's Tree Preservation Ordinance. Tree replacement will be conducted
in accordance with the Town's requirements, including planting a mixture of small
and large box trees to meet the cumulative diameter number of the removed trees.
The project proponent will also be required to replace all non-ordinance-species
or size trees (i.e., trees less than l-0 inches in diameter for single-trunk trees or less
than 20 inches in diameter for multi-trunk trees) at a replacement-to-removal ratio
of 1:1.
Removal of the 43 trees, including 9 Town-protected trees, will not significantly
affect off-site shade or adversely affect privacy between properties due to the site's
topograph/, the other trees that would remain, and the locations of the trees in
relation to other properties.
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PAGE 5 OF RESOLUTION NO. 2019-01
CONDITIONS OF APPROVAL
Conditions of approval with an asterisk (*) i. the left-hand column are standard project
conditions of approval.
Conditions of approval typed in italicized text are mitigation measures derived from the
Final Environmental Impact Report prepared for the project.
Unless otherwise specified, the following conditions shall be complied with prior to the
Town Council approval of the initial final map issuance'of a building permit for the
project. Each item is subject to review and approval by the Planning Division unless
otherwise specified.
A. GENERAL
This approval is for a General Plan Amendment (GP42015-0001),
Preliminary Development Plan Rezoning (PUD2015-0001), Major
Subdivisiorç and a Final Development Plan (DP2015-0065) to allow for the
development of a maximum 37-unit townhouse development. The General
Plan Amendment request pertains to the 359 West El Pintado parcel only
(.29 acres) and would amend the Town's General Plan Land Use
Designation from Residential - Single Family - Low Density (1-3 units per
acre) to a Mixed Use Land Use Designation. The Preliminary Development
Plan - Rezoning request would tezone the project site to a new P-1; Planned
Unit Development District, and the Major Subdivision would subdivide the
site creating a maximum of 37 townhomes. The Final Development Plan
would provide for the approval of project architecture, site design, and
landscape design. A Tree Removal application (TR2015-0039) is also
required to be approved to allow for the removal of 9 Town-Protected trees.
Development shall be substantially as shown on the project drawings as
follows, except as may be modified by conditions contained herein;
a.Preliminary Architectural Plans, Floor Plans, and Landscape Plans
consisting oÍ 22 sheets, as prepared by Talmont Flomes and dated
received by the Planning Division on January 1.6,2019.
Vesting Tentative Map, Preliminary Grading and Drainage Plans,
Site Section drawings, and Stormwater Pollution Control Plan
consisting of nine sheets, as prepared by Talus Engineering and
dated received by the Planning Division on January 1.6,2019.
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c Final Environmental Impact Report prepared by Rincon
Consultants, Inc. (SCH#201 6012045)
PAGE 6 OF RESOLUTION NO.2019.01
tr 2.The following fees are due at final map approval for the above-
mentioned development:
Map Check Fee (based upon 9 parcels)............$ 4,291.00
Improvement PIan Check Fee...........%3 of cost estimate
Engineering Inspection Fee %5 of cost estimate
Grading Plan Checþ Inspection & Permit................ TBD
Base Map Revision Fee (based on (parcels)........$ 846.00
Park Land in Lieu Fee (based on 36 units) ...fi236,452.00
Excavation Mitigation Fee (SR)......................... $ 7, 030.00
The following fees are due at building permit issuance:
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Child Care Facilities Fee $ 115/unit
Finish Grading Inspection Fee................. $ 198/building
Stormwater Pollution Program Fee ........ $ 229/br:Jlding
SCC Regional Fee fi1,404/urrrt
fi3,873/untt
$ 1,400/unit
SCC Sub-Regional Fee.................................
Tri-Valley Transportation Fee................. $ 3,07 0.59 / unlt*
Residential TIP Fee
3.
*Affordable units are exempt from this fee
Prior to issuance of a building permit, the applicant shall reimburse the
Town for notification costs. The fee shall be 91,,134.
Prior to the issuance of grading or building permits, the applicant shall
submit written documentation that all requirements of the San Ramon
Valley Fire Protection District (SRVFPD) and the San Ramon Valley Unified
School District have been, or will be, met to the satisfaction of these
respective agencies.
The applicant shall submit to the Town of Danville fees required to file a
Notice of Determination for this project as required by AB 3185. The fee
shall be 93,27\. This check shall be made payable to the Contra Costa
County Recorder's Office and shall be submitted to the Town within five
days of project approval.
Prior to tlrc colnmencement of ground disturbance, including site prepørøtion ønd
grading actiztities, the applicnnt ruill ensure thøt øll construction zoorkers are
trøined to recognize archaeological resources (e.g., obsidian ønd chert flakes and
chipped stone tools; grinding and mashing implements such øs slnbs ønd
handstones, and mortars ønd pestles; bedrock outcrops ønd boulders utith mortar
PAGE 7 OF RESOLUTION NO. 2O1g-07
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cups; and locally darkened midden soils contnining some of the preaiously listed
items plus fragments of bone, shellfish, ønd fire fficted stones; fragments of glass,
cerømic, and metal objects; milled ønd split lumber; ønd structure and feature
remøins such as building foundøtions and discrete trash deposits). The cultural
resources art)areness trøining shall be conducted by a quølified professional
nrchøeologist toith experience in trøining non-specialists. A record of completion of
culturøl resources ølr)øreness training for all construction rttorkers shall be
submitted to the Toutn of Danaille prior to the issuance of ø grading permit, and a
copy of the training completion record shøll be møintøined onsite for the duration
of construction øctiuitie s.
If preaiously unidentifled cultural resources øre encountered during construction
or lønd disturbønce actiaities, work shall stop roithin 50 feet of the find ønd the
Torun of Danaille shallbe notified at once to assess the nøture, extent, øndpotentiøl
significance of any cultural resource find. The applicant shall retain ø qualified
archøeologist to implement a Phøse lI subsurface testing program to determine the
resourceboundøries, øssess the integrity of the resource, ønd eaøIuøte the resource's
significønce through a study of its features ønd ørtifacts. If the resource is
determined significant, the Torun of Dønaille may choose to øllortt the cøpping of
the area containing the resource using culturally sterile and chemicølly neutral fill
møteriøL. If such cøpping occurs, then a qualified archaeologist shøIl be retøined to
monitor the placement of fíll upon the resource. If ø significant resource ruill not be
capped, the results and recommendøtions of the Phøse Il study shall determine the
need for ø Phase III data recoaery progrøm designed to record nnd remoae
significant culturøl materials thøt could otherruise be tampered ruith. If the resource
is determined to be not significant, no capping and/or further ørchaeological
inaestigøtion or mitigøtion shøll be required. The results and recommendøtions of
the Phase II study shøll determine the need for construction monitoring. If
monitoring is utarranted, ø quølified ørchaeologist shallbe retøinedby the øpplicant
to be present during nll earth moaing actiaities thøt haue the potentiøl to ffict
ørchøeologicøl or historicøI resources. A monitoring report shallbe submitted to the
Torttn upon completion of construction.
If preuiously unidentified human remøins are encountered during project
construction, State Health nnd Søfety Code Section 7050.5 shall be ødhered to,
rchich requires that no further disturbance shall occur until the County Coroner
has made the necessary findings as to origin ønd disposition pursuant to Public
Resources Code Section 5097.98. If the remains øre determined to be of Nøtizte
Americøn descent, the coroner has 24hours to notify the NAHC. The NAHC tttould
then identify the person(s) thought to be the Most Likely Descendent (MLD) of the
deceøsed Natiae Americøn, ruho ruould then help determine uthat course of action
shouldbe tøken in deøling utith the remøins.
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PAGE 8 OF RESOLUTION NO. 2019.0'1.
tç 9 Construction activity shall be restricted to the period between the weekday
hours oI7:30 a.m. to 5:30 p.m. (Monday through Friday), unless otherwise
approved in writing by the City Engineer for general construction activity
and the Chief Building Official for building construction activity.
10. At a minimum, all on-site structures shall include the folloruing to øchieae øn
øcceptøble interior noise leuel:
. Air conditioning or a mechanical forced-air ventiløtion system so that utindouts
ønd doors may remøin closed. Double-paned ruindozos ønd sliding glass doors mounted in loru øir inflltrøtion
rnte fratnes (0.5 cubic feet per minute, per ANSI speciflcøtions)
c Solid core exterior doors with perimeter roeøther stripping ønd threshold seals
o Roof ønd attic aents føcing moøy from I-680
11,The applicant shøll øpply the folloroing meûsures during construction of
the project.
o Construction Staging. The contrnctor shøll proaide staging areøs on-site to
minimize off-site transportation of heaay construction equþment. These øreas
shøll be located to maximize the distønce befutteen actiaity and sensitiae
receptors. This would reduce noise leuels associated uith most types of idling
construction e quipment.
. Mufflers. Construction equipment shallbe properly maintained ønd øllinternøl
combustion engine driaen møchinery uith intake ønd exlmust mufflers ønd
engine shrouds, as applicable, shøllbe in good condition ønd appropriøte for the
equþment. During construction, øll equipment, fixed or mobile, shall be
operøted utith closed engine doors and shallbe equþped ruithproperly opernting
and møintained muftlers, consistent with manufacturers' støndørds.
o Electricøl Power. Electrical polr)eL rather than diesel equipment, shøllbe used
to run compressors and similar porr.ter tools ønd to poztter øny temporary
structures, such øs construction trailers or caretøker facilities.o Equipment Støging. AII støtionary equipment shøllbe støged as før autøy from
the adjacent multi-family residential deuelopment as feøsible.. Equipment lilling. Construction r:ehicles ønd equipment shall notbe left idling
for longer than fiue minutes uthen not in use.
o Workers' Rødios. AII noise from ruorkers' rødios shøll be controlled to n point
that they øre not audible at sensitiue receptors neør construction øctiaity.
o Smørt Bøck-up Alarms. Mobile construction equipment shall haae smart
bøck-up alarms that automaticnlly adjust the sound leael of the alørm in response
to ambient noise leuels. Alternøtiaely, back-up alctrms shøll be disabled nnd
replnced ruith human spotters to ensure safety uthen mobile construction
equþment is moaing in the reoerse direction.
o Disturbønce Coordinøtor. The øpplicant shøll designøte ø disturbance
coordinøtor ruho shøll be responsible for responding to øny local complaints
PAGE 9 OF RESOLUTION NO. 2019.01,
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about construction noise. The noise disturbance coordinator shall determine the
cøuse of the noise complaint (e.g., starting too eørly, bad muffler, etc.) ønd shall
require thøt reasonøble meãsLlres utarranted to correct the problem be
implemented, A telephone number for the disturbance coordinator shøll be
conspicuousty pòsted øt the construction site.
Construction Notic:e. Truo rtteeks prior to the commencement of construction
and grading at the project site, the applicnnt shøll instøIl ø S-foot by 3-foot sign
at the project entry thøt discloses the alloruable construction utork døys ønd
hours, the planned construction schedule, and the contact nøme and phone
number for residents to cnll for construction noise related complaints. All
reasonable concerns shøll be rectified ruithin 24 hours of receipt.
The applicant shall provide security fencing, to the satisfaction of the City
Engineer andf or the Chief Building Official, around the site during
construction of the project.
A watering program which incorporates the use of a dust suppressant, and
which complies with Regulation 2 of the Bay Area Air Quality Management
District shall be established and implemented for all on and off-site
construction activities. Equipment and human resources for watering all
exposed or disturbed soil surfaces shall be supplied on weekends and
holidays as well as workdays. Dust-producing activities shall be
discontinued during high wind periods.
All physical improvements shall be in place prior to occupancy of any
structure in the project. If occupancy within the project is requested to
occur in phases, all physical improvements shall be required to be in place
prior to occupancy except for items specifically excluded in a construction-
phases occupancy plan approved by the Planning Division. No structure
shall be occupied until construction activity in the adjoining area is
complete and the area is safe, accessible, provided with all reasonably
expected services and amenities, and appropriately separated from
remaining additional construction activity. A temporäry vehicular
turnaround shall be provided at the end of the completed section of loop
roadway to allow separation of resident traffic and construction traffic.
The applicant shall submit a written Compliance Report detailing how the
conditions of approval for this project have been complied with as part of
the initial submittal for the final map, plan check, andf or building permit
review process (whichever occurs first). This report shall list each condition
of approval followedby a description of what the applicant has provided
as evidence of compliance with that condition. The applicant must sign the
report. The report is'subject to review and approval by the City Engineer
andf or Chief of Planning andf or Chief Building Official, and may be
PAGE 10 OF RESOLUTION NO. 2019.01
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B. SITE PLANNING
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C. LANDSCAPING
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rejected by the Town if it is not comprehensive with respect to the
applicable conditions of approval.
Planning Division sign-off is required prior to final Building Inspection
sign-off.
The applicant shall be responsible for washing the exterior of abutting
residences and businesses, and cleaning pools, patios, etc. at the completion
of each phase of project mass grading activity. The residences to receive
cleaning, the extent of the cleaning efforts to be performed, and the timing
(and frequency) of such cleaning shall be subject to review and approval by
the Planning Division.
tr All lighting shall be installed in such a manner that lighting is generally
down directed and glare is directed away from surrounding properties and
rights-of-way.
Any on-site wells and septic systems shall be destroyed in accordance with
Contra Costa County Health Services Department - Environmental Health
Division regulations. Environmental Health Division permit and
inspections for this work shall be obtained.
As part of the development, the developer shall provide vehicular electrical
charging station for assigned surface parking spaces. The final number and
locations shall be subject to review and approval by the Town prior to
recordation of the final map.
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tr Final landscape and irrigation plans shall be submitted for review and
approval by the Planning Division. The plan shall include common names
of all plant materials and shall indicate the size that various plant materials
will achieve within a five-year period of time.
All plant material shall be served by an automatic underground irrigation
system and maintained in a healthy growing condition. Irrigation shall
comply with Town of Danville Landscape Ordinance #91,-1'4 and landscape
guidelines and shall be designed to avoid runoff and overspray. Proposed
conlrnon maintenance lawn areas within the project shall not exceed a
maximum of 25 percent of proposed corrunon landscaped areas.
PAGE 11. OF RESOLUTION NO. 2019-01.
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All trees shall be a minimum of 15-ga11on container size. All trees shall be
properly staked. All remaining shrubs used in the projecÇ which are not
used as ground cover, shall be a minimum of five gallons in size.
All landscaped areas not covered by shrubs and trees shall be planted with
live ground "orrut or covered with mulch. All proposed. ground cover shall
be placed so that it fills in within two years.
The applicant shall comply ruith Toutn requirements (DMC Section 32-79), as
applicable, to plønt on-site or off-site replacement trees for remoaed protected trees
ruhich are of ø cumulatiue diømeter necessary to equal the diømeter of trees
øpproaed for remoaal as determinedby the Tortn's Plønning Diuision. For the non-
Toun pratected trees thøt rttould be remoaed as part of the project, the øpplicant
shøll plønt nezo minimum 15 gallon trees either on-site or off-site, as determinedby
the Tontn, at a 1:1 ratio. The exøct locations ønd tree species shall be subject to
reaieu ønd approaalby the Tolttn's Plønning Diaision.
The folloruing mensures shall be implemented prior to the start of construction for
øll trees not designated for remoaø\.
a. Trees to be retained on site shall be temporarily fenced ruith chøin-link or other
substantial, highly aisible materiøl zohile all grading and construction actiuities
occnr, including landscaping actiaities that require substøntiøl ground
disturbance (more than the use of hand tools). The fencing shnllbe fiae feet from
the dripline of the canopy, at least six-feet high, støked to preaent collapse, and
shall contnin signs identifuing the protection areø.
b. INhen construction actiuities occur rttithin fiae feet of the dripline, ø certified
arborist shall be òn site to monitor and møke recommendations.
c. All roots shall be cut clennly, if possible bøck to a lateral branching root. Cuts
shouldbe møde øt right øngles to the roots.
If canopy trimming is needed it shøll be done under the superaision of øn
Internntional Society of Arboriculture (ISA) Certified Arborist ønd by an ISA
Certified Tree Worker. Trees shøll be pruned øccording to American Nøtionøl
Støndards Institute (ÁNSI) 300 standørds. ANSI 300 proaides guidelines for
pruning trees and other utoody plants.
If site construction activity occurs in the direct vicinity of the on-site and
off-site protected trees, a security deposit in the amount of the assessed
value of the tree(s) (calculated pursuant to the Town's Tree Protection
Ordinance) shall be posted with the Town prior to the issuance of a grading
permit or building permit to maximize 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
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PAGE 12 OF RESOLUTION NO. 2019-01
be done in accordance with the current edition of the "Guide for
Establishing Values of Trees and Other Plants," by the Council of Tree and
Landscape Appraisers. under the auspices of . the International Society of
Arboriculture. The appraisal shall be performed by a Certified Arborist,
and shall be subject to review and approval by the Chief of Planning. A tree
preservation agreement 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 #ter project completion shall be returned upon verification that the
trees covered by the deposit are as healthy as can be provided for under the
terms of the tree preservation agreement.
The proposed good-neighbor fence on the south side of the project shall be
seven feet tall, including six feet of solid wood and a one-foot lattice top.
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D. ARCHITECTURE
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All ducts, meters, air conditioning andf or any other mechanical equipment
whether on the structure or on the ground shall be effectively screened from
view with landscaping or materials architecturally compatible with the
main structures.
The street numbers for each building in the project shall be posted so as to
be easily seen from the street at all times, day and night by emergency
service personnel.
Samples of final materials and the proposed color palette shall be submitted
for review and approval by the Design Review Board prior to the issuance
of building permits for the project.
Final architectural elevations, details and revisions shall be submitted for
review and approval by the Design Review Board prior to issuance of
building permits for the project. Six full size sets of construction drawings
for the project shall be submitted to the Planning Division for design
review concurrent or prior to, the applicant initiating the Building
Division plan check process.
The project covenants, conditions and restrictions shall provide a review
and approval process for any proposed repainting or re-roo{ing of exteriors
of the units in this project.
*5.
PAGE 1.3 OF RESOLUTION NO. 2019-07
E. BIOLOGICAL
1 For construction øctiaities occurring outside of the nesting season (September L to
Jønuøry 31), no mitigation is necessary. For construction actiaities occurring
during the nesting senson (Februøry 1- to August 31), suraeys for nestingbirds and
raptors co,aered by the CFC nnd the MBTA shøll be conducted by a qualified
biologist no more than 1-4 døys prior to initiøtion of any construction actiaities,
including construction staging and aegetation or tree remoaøL, or tree trimming.
The suraeys shallinclude the entire disturbønce øreas plus ø200-þotbuffr, (tahere
øccessible) around any disturbønce areas for pøsserine species, and 500-foot buffer
(r.ohere accessible) for røptors. If øctive nests øre locøted, øll construction uork shøll
be conducted outside a buffer zone from the nest to be determined by the quølified
biologist. The nest aaoidance buffer shall be determined by the quølified biologist
øndbe commensurøte ntith species ønd locøtion of the nest in relation to proposed
utork nctiaity. Røptor auoidønce bffirs shøll be a minimum of L50 feet, but møy be
larger depending on species, nest location and obseraed behøaior. The qualified
biologist shall høae full discretion for estøblishing a suitøble bufftr. The buffer
ørea(s) shctll be closed to all construction personnel ønd equipment until the adults
and young ãre no longer reliønt on the nest, or the nest høs otherrttise become
inøctiae through nøtural processes (8.G., depredøtion). A qualified biologist shall
confirm that breedinglnesting is completed and young haae fledged the nest prior
to remoaal of the bffir.
The øpplicønt shall contract a quølified jurisdictional zttaters expert to conduct ø
formal jurisdictionøl delineation ønd prepare ø lurisdictionøl Delineation Report to
support Jurisdictionøl Wøters permitting ruith US ACE, RWQCB ønd CD FW. The
jurisdictional delineation shall determine the extent of the jurisdiction for eøch of
these ngencies and shøll be conducted in accordønce ruith the requirement set forth
by each agency. The result shøll be ø preliminary jurisdictionøl delineation report
that shall be submitted to the implementing øgency, USACE, RWQCB, and
CDFW, as nppropriate, for reztieto and øpproual. Impacts to jurisdictionøl features
shøll be minimized to the extent feasible based on the findings of the lurisdictional
Delineation ønd the agency aerirtcaüon of limits of jurisdiction roithin the project
site.
lurisdictional øreas that ruould be impøcted zttould require one or more of the
following permits: 1) ø RWQCB Waste Discharge Requirements permit ønd/or
Section 40L Water Quality C,ertificøtion (depending upon uthether or not the
feature falls under federal jurisdiction), 2) ct CDFW Streømbed Alterøtion
Agreement pursuant to Section 1600 et seq. of the Caliþrniø Fish nnd Game Code
for impacts tuithin the øreøs of CDFW jurisdiction, ønd 3) a USACE permit
pursuønt to Section 404 of the Clean Water Act. The øpplicønt shall acquire nny
required permits from the USACE, RWQCB, ønd CDFW prior to conducting
construction øctioity (including grøding, aegetation remorsøL, ønd site preparation)
2.
J,
PAGE 14 OF RESOLUTION NO. 2019.0\
4.
Tzithin any and øllWøters of the State orWøters of the U.S. under the jurisdictions
of USACE, RWQCB or CDFW.
Mitigation for impøcts to drøinagesflinear zttetlønds that may be required by the
USACE, RWQCB ønd CDFW in permits issued/authorized þr the project and
shøll be implemented by the øpplicønt øs required. This mitigation compensation
may include either creation of mitigation utetlands øt øn off-site location or the
purchøse of credits from øn agency-approaed mitigøtion bank. Purchase of
mitigøtion credits or crention of mitigation wetlands to mitigøte for permønent
impacts to utetlønd fentures shall be øt ø minimum røtio of 1:L for man-møde
features, ønd 2:'l- for nøturøl ruetlnnd features and øssociøted riparian habitat (thnt
is, for each acre of impøct it roould be necessøry to set aside one acre of
roetlnnd/ripøriøn habitat for man-møde feøtures and ktto acres of ruetland/ripariøn
habitat for natural features as compensation). Mitigation to ffiet temporary
impacts to zuetlønd feøtures shall be required øt a L:L ratio through restoration of
øreas utith temporary impøcts. The agencies may require higher mitigation røtios
in permit documents, ønd, if so, agency permit mitigøtion ratios tttould supersede
the L:1- ratio requiredhere.
Minimum requirements for mitigøting impøcts to utetlands include:
ø) Replacement of impacted utetlands øt ø minimum L:L røtio. For permønent
zttetlønd impacts, uetlønds cøn be replaced at a minimum ratio of one acre
created for each acre, or frøction thereof, permanently impacted,
b) Creøtion of in perpetuity preseraation. The USACE, RWQCB and CDFW
generally require thøt Wøters of the U.S. not impacted by the project ønd
any nerL) utetlønds creøted to mitigøte project impøcts be set øside in
perpetuity, either through deed restrictions or conseraøtion eøsements.
c) For restoration or creation of mitigation utetlønds it shall be necessary to
establish ø fiae-yeør monitoring progrøm to monitor the progress of the
wetlønd mitigøtion tozuard an estnblished goø1. At the end of each
monitoring yeñr, ãn ønnual report utould be submitted to the Torun of
Danaille, USACE, RWQCB, and/or CDFW depending on permitting
requirements for each øgency. This report uould document the lrydrological
ønd aegetøtiae condition of the mitigøtion utetlønds, and would recommend
remedial meøsures as necessãry to correct deficiencies.
d) If purchøsing credits from øn approaed mitigation bank is an option, then
utetland creation off-site utith subsequent monitoring requirements may not
be necessøry. This tttould be determined at tLte time permits øre øpplied
for/issuedby the USACE, RWQCB and CDFW.
Aside from the minimum repløcement røtio and in-perpetuity protection, rtarious
regulatory agencies may proaide additional conditions and stipulations for permits.
PAGE 1.5 OF RESOLUTION NO. 2079-01
Additional conditions thøt are stipulated for wetland impøcts by the USACE,
RWQCB and/or CDFW shall ølsobecome conditions of project øpproaal.
F. AIR OUALITY
1,In order to reduce exposure of proposed residences to toxic air contøminants
emissions from ztehicles on I-680, the applicønt shall submit to the Toutn of Danaille
for reaieut and øpproaøl ø aentilation proposal prepared by a licensed design
professional for all on-site buildings thøt describes the aentiløtion design ønd hout
thøt design ensures øll droelling units tttould be beloru the excess cancer risk leael
of 10 in one million establishedby the Bay Area Air Quølity ManngementDistrict.
The aentilation proposøl shall include, but is not limited to, the follouting measures:
a) If the proposed buildings utould use operable utindouts or other sources of
infiltration of ambient air, the deaelopment shall install ø central HVAC
system thøt includes high fficiency particulate filters (ø MERV røting of
13 or higþer). These types of filters nre cnpnble of remouing approximately
90 percent of the DPM emissions from øir introduced into the HVAC
system. The system mny øIso include a carbon filter to remoae other
chemicøl matter. Filtrøtion systems must operøte to maintain positiae
pressure uithin the building interior to preaent entrøinment of outdoor øir
indoors.
b) If the deuelopment limits infiltration through non-operøble utindous, a
suitøble aentiløtion system shall include a aentiløtion system utith filtrøtion
specifícations equiaalent to or better thøn the folloroing: (L) Americøn
Society of Heøting, Refrigerating ønd Air-Conditioning Engineers MERV-
13 supply øir filters, (2) greater thøn or equal to one air exchanges per hour
of fresh outside filtered øir, (3) greøter than or equal to four air exchanges
per hour recirculøtion, and (4) Iess thnn or equal to 0.25 nir exchanges per
hour in unfiltered infiltration. These types of filtrøtion methods øre cøpable
of remoaing øpproximately 90 percent of the DPM emissions from air
introducedinto the HVAC system.
c) Windouts ønd doors shøll be fully uteøtherproofed with cøulking and
uteather-strtpping that is rnted to last øt leøst 20 yeßrs. Weatherproof should
be møintained and repløced by the property olllner, øs necessãry, to ensure
functionølity for the lifetime of the project
d) Where øppropriate, instøll pøssiae (drop-in) electrostøtic filtering systems,
especially those with loru air aelocities (i.e,, L mph)
e) Ensure an ongoingmaintenance planfor the HVAC andfltration systems.
Manufacturers of these types of flters recommend thøt they be repløced after
tztto to three months of use.
The applicønt shall inform occupønts regørding the proper use of øny installed air
fltrøtion system.
PAGE 16 OF RESOLUTION NO. 2019.0],
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G. PARKING
1
*2.
*3.
H. GRADING
1
2.
All parking spaces shall be striped and provided with wheel stops unless
they are fronted by concrete curbs, in which case sufficient areas shall be
provided beyond the ends of all parking spaces to accommodate the
overhang of automobiles.
Where authorized, compact car spaces shall be clearly designated with
appropriate pavement marking or signage. Compact spaces shall be no less
than 8 feet by '1,6 feet in size, including allowable overhang.
Regulatory signage / curb painting for the non-parking side of the interior
loop roadway shall be provided, if deemed necessary, to the satisfaction of
the San Ramon Valley Fire Protection District and the City Engineer.
Project CC&R's shall include language addressing a provision requiring
that all garages shall be maintained to accommodate vehicular parking as
required and shall include a financial penalty to enforce the requirement.
4
*
¡t
Any grading on adjacent properties will require prior written approval of
those property owners affected.
At least one week prior to commencement of grading, the applicant shall
post the site and mail to the owners of property within 300 feet of the
exterior boundary of the project site, to the homeowner associations of
nearby residential projects and to the Town of Danville Development
Services Department, a notice that construction work will commence. The
notice shall include a list of contact persons with name, title, phone number
and area of responsibility. The person responsible for maintaining the list
shall be included. The list shall be kept current at all times and shall consist
of persons with authority to initiate corrective action in their area of
responsibility. The names of individuals responsible for dust, noise and
litter control shall be expressly identified in the notice.
In øccordance ruith the recommendøtions of the preliminary geotechnical
inuestigøtion, the øpplicant shøll conduct a design-Ieael geotechnicøl inaestigøtion.
The design-leael geotechnicøl inaestigøtion shøll include additional field
exploration and løborøtory testing. Soil borings ønd/or cone penetrøtion tests
GPD soundings shnllbe conducted to eaaluate the potentialfor liqueføctionin the
area of the preliminary geotechnicøl imsestigation Boring 2. The recommendøtions
of the design-leael geotechnical inztestigøtion shall be incorpornted into the
proposed project grøding ønd building pløns after reaieut and approaal by the
PAGE 17 OF RESOLUTION NO. 2019.01.
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4.
5
6
Tontn's Building Seraices Diuision. These recommendations may include the
remoaøl of expønsiae soils, replacing expønsiae soils uith non-expønsiae
engineered fill, deepening foundøtions to deztelop support beloro the zone of
significant sensonal moisture chønge, designing foundation/slab systems to resist
uplift pressures generøtedby swelling soils, proaiding drainage andløndscaping to
minimize seasonøl moisture fluctuøtions in the near-surface soils, compacting soils
to the øppropriate relatiae compøction, ønd designing foundøtions to resist the
adaerse fficts of liquefaction and corrosiae soils.
\rVhere soils or geologic conditions encountered in grading operations are
different from that anticipated in the soil report, a revised soils report shall
be submitted for review and approval by the City Engineer. It shall be
accompanied by an engineering and geological opinion as to the safety of
the site from settlement and seismic activity.
All development shall comply with Danville Ordinance 2004-06 which
added Chapter 20 to the Danville Municipal Code relating to Stormwater
Management and Discharge Control. All development shall also comply
with the General Permit for Storm Water Discharges associated zuith
Construction ønd Land Disturbance Actiaities (Order No. 2009-0009-DWQ,
NPDES No. C4S000002) adopted by the State Water Resources Control
Board onSeptember2,2009, and effective onJuly 1.,2010. These regulations
require, among other things, that a Stormwater Pollution Prevention Plan
(SWPPP) be prepared by a Qualified SWPPP Developer for submission to
the State of California via the online Storm Water Multi-Application
Reporting & Tracking (SMARTS) system. No land-disturbing activity shall
occur until a Notice of Intent (NOI) is filed and a Waste Discharger
Identification (WDID) number is issued by the State of California. A copy
of the final NOI, including WDID number and attached S\IVPPR shall be
kept at the project site at all times, with a copy provided to the Town. The
requirements of the S\¡VPPP and all other Permit Registration Documents
shall be fully implemented during land-disturbing activities.
All grading activity shall address National Pollutant Discharge Elimination
System (NPDES) concerns. Specific measures to control sediment runofl
construction pollution and other potential construction contamination shall
be addressed through the Erosion Control Plan (ECP) and Storm Water
Pollution Prevention Plan (SWPPP). The S\AIPPP shall supplement the
Erosion Control Plan and project improvement plans. These documents
shall also be kept on-site while the project is under construction. A NPDES
construction permit may be required, as determined by the City Engineer.
All new development shall be consistent with modern design for resistance
to seismic forces. All new development shall be in accordance with the
Uniform Building Code and Town of Danville Ordinances.
PAGE 1.8 OF RESOLUTION NO. 2019-01
*7
8¿
*
tç
9
10.
11.
12.
STREETS
All cut and fill areas shall be appropriately designed to minimize the effects
of ground shaking and settlement.
Stockpiles of debris, soil, sand or other materials that can be blown by the
wind shall be covered.
If toxic or contaminated soil is encountered during constructiory all
construction activity in that area shall cease until the appropriate action is
determined and implemented. The concentrations, extent of the
contamination and mitigation shall be determined by the Contra Costa
County Health Department. Suitable disposal andf or treatment of any
contaminated soil shall meet all federal, state and local regulations. If
deemed appropriate by the Health Department, the applicant shall make
provisions for immediate containment of the materials.
Runoff from any contaminated soil shall not be allowed to enter any
drainage facility, inlet or creek.
Prior to the issuance of grading permits, the applicant shall retain a
specialist to assess rodent control impacts anticipated to be associated with
grading activity and installation of subdivision improvements. As deemed
necessary, following the Planning Division's review of the specialist's
assessment, the applicant shall develop and implement the corresponding
rodent control plan to reduce impacts to surrounding properties to the
extent reasonably possible for the time periods of heavy construction
activity. The report shall include a schedule for regular rodent inspections
and mitigation based on the development schedule for the project. This
rodent control plan is subject to review and approval by the Planning
Division.
Prior to ground disturbing activities, the project applicant shall install a silt
fence or fabric fence along the perimeter of the site, adjacent to residential
development, to provide a barrier to movement by rodents and other
wildlife. The fence shall be maintained until all vegetation is remove from
the site. During grading and construction activities, the project applicant
shall maintain a contact person including a phone number, should issues
associated with fodent dispersal occur, and shall monitor these
recoÍunended actions to determine their efficacy.
I.
+The applicant shall obtain an encroachment permit from the Engineering
Division prior to commencing any construction activities within any public
right-of-way or easement.
1
PAGE 19 OF RESOLUTION NO. 2019.0.].
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2.
4.
5
6.
7
8.
9
Street signing shall be installed by the applicant as may be required by the
City Engineer. Traffic signs and parking restriction signs, which may be
required to be installed, shall be subject to review and approval by the
Transportation Division and the Police Department.
AII mud or dirt carried off the construction site onto adjacent streets shall
be swept each day. Water flushing of site debris or sediment or concrete
washing is expressly prohibited.
Ary damage to street improvements now existing or done during
construction on or adjacent to the subject property shall be repaired to the
satisfaction of the City Engineer, at full expense to the applicant. This shall
include slurry seal, overlay or street reconstruction if deemed warranted by
the City Engineer.
All improvements within the public right-of-way, including curb, gutter,
sidewalks, driveways, paving and utilities, shall be constructed in
accordance with approved standards andf or plans and shall comply with
the standard plans and specifications of the Development Services
Department and Chapters XII and XXXI of the Town Code. At the time
project improvement plans are submitted, the applicant shall supply to the
City Engineer an up-to-date title report for the subject property.
Handicapped ramps shall be provided and located as required by the City
Engineer.
Public streets shall be improved to the standards in #I.5. above. Private
streets shall be improved to public street structural standards. Private street
improvements, and their dimensions, shall be as shown on the project plans
identified in #4.1. above and shall conform to Standard Plan 104 a & b.
A satisfactory private road and private storm drain maintenance agreement
shall be submitted for approval of the City Attorney prior to any Town
Council final approval action. All private road maintenance agreements
shall include provisions for regular street sweeping
The Project shall be required to stripe curbs and install any necessary
parking or circulation signage, as determined by the Transportation
Division.
The project applicant shall deaelop and submit for crpproaal to the Torun of Dønaille
a Construction Mønøgement and Mitigøtion PIan thøt includes designated haul
routes ønd staging øreûs, trffic control procedures, effiergency øccess prouisions
and construction creut pørking, to minimize trøffic impøcts during construction.
The plan shall ensure thøt haul routes and construction øctiztity timing shøll
PAGE 20 OF RESOLUTION NO. 2019-01.
10.
l
comply toith the Toutn of Danztille's requirements. The plan shnll ølso ensure that
construction period employees cøn either park on-site or at an off-site location. In
addition, the plan shøll require that temporøry signøge, øIternøtiae pednstriøn
pãssage, and/or protected zuølkruays be proaided should sideruølks be closed during
construction.
INFRASTRUCTURE
1 Domestic water supply shall be from an existing public water system.
Water supply service shall be from the East Bay Municipal Utility District
water system in accordance with the requirements of the District.
2.All wastewater shall be disposed into an existing sewer system. Sewer
disposal service shall be from the Central Contra Costa Sanitary District
sewer system in accordance with the requirements of the District.
Drainage facilities and easements shall be provided to the satisfaction of the
City Engineer and/or the Chief Engineer of the Contra Costa County Flood
Control & Water Conservation District.
tr
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ıJ.
4.
5
All required improvements to area creeks for drainage purposes shall meet
the requirements of existing Town of Danville, Contra Costa County Flood
Control & Water Conservation District, the Department of Fish & Game,
the Department of U.S. Fish and Wildlife, California Regional Water
Quality Control Board and the United States Army Corps of Engineers
codes and policies.
Prior to commencement of any site work, the applicant/owner shall submit
evidence to the Town that the requirements for obtaining a State General
Construction Permit have been met. Such evidence may be the copy of a
WDID number issued by the State Water Resources Control Board in
response to an application submitted via their online SMARTS System by a
qualified SWPPP developer. Additionally, the applicant/owner shall
submit evidence that the requirements for obtaining the U.S. Army Corps
of Engineers 404 Permit, the State Water Resources Control Board 40L
Certificatiory and the California Department of Fish and Game's
Streambank Alteration Agreement have been or will be met. Such evidence
might be a copy of the permit(s)/agreement and/or a letter from the
applicant/ owner stating that the above permit(s) are not required for the
subject project.
Roof drainage from structures shall be collected via a closed pipe and
conveyed to an approved storm drainage facility in the street curb. No
concentrated drainage shall be permitted to surface flow across sidewalks.
PAGE 2']. OF RESOLUTION NO. 2019.0'1.
tr 6.
7*Any portion of the drainage system that conveys runoff from public streets
shall be installed within a dedicated drainage easement or public street.
If a storm drain must cross a lot, or be in an easement between lots, the
easement shall be equal to or at least double the depth of the storm drain.
The applicant shall furnish proof to the City Engineer of the acquisition of
all necessary rights of entry, permits andf or easements for the construction
of off-site temporary or permanent road and drainage improvements.
All new utilities required to serve the development shall be installed
underground in accordance with the Town policies and existing
ordinances. All utilities shall be located and provided within public utility
easements, sited to meet utility company standards or in public streets.
All utility distribution facilities, including but not limited to electric,
communication and cable television lines, within a residential or
commercial subdivision shall be underground, except as follows:
a.Equipment appurtenant to underground facilities, such as surface
mounted transformers, pedestal mounted terminal boxes and meter
boxes, and concealed ducts;
b. Metal poles supporting street lights
All street, drainage or grading improvement plans shall be prepared by a
licensed civil engineer.
If a common carwash area is created to serve the project, the wastewater
created by washing cars shall be directed to the sewer collection system
rather than the storm water collection system, unless otherwise authorized
by the SWPPP.
8
9
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*10
*11
12
13
K. MISCELLANEOUS
1
*
*
tr The project shall be constructed as approved. Minor modifications in the
design, but not the use, may be approved by staff. Any other change will
require Planning Commission approval through the Development Plan
review process.
Conditions of this approval may require the applicant to install public
improvements on land over which neither the applicant, nor the Towry has
easement rights to allow for the installation of the improvements. The
tr 2.
PAGE 22OF RESOLUTION NO. 2019.0].
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4.
7
5
6
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applicant shall be responsible for acquisition of said easement rights
through private negotiations. If the applicant is unsuccessful in
negotiations, the applicant shall apply to the Town for use of eminent
domain powers in accordance with Town Resolution No. 78-85. All
easement rights shall be secured prior to Town Council final approval of
any subdivision map. All costs associated with such acquisition shall be
borne by the applicant.
Pursuant to Government Code section 66474.9, the applicant (including the
applicant or any agent thereof) shall defend, indemnify and hold harmless
the Town of Danville and its agents, officers and employees from any claim,
action or proceeding against the Town or its agents, officers or employees
to attack, set aside, void, or annul, the Town's approval concerning this
applicatiory which action is brought within the time period provided for in
Section 66499.37. The Town will promptly notify the applicant of any such
claim, action or proceeding and cooperate fully in the defense.
The project homeowners' associatiory through project-specific covenants,
conditions and restrictions (CC&Rs), shall be responsible for maintenance
of all on-site roads, pedestrian ways, cornmon landscape areas, cornmon
fencing, the project recreation areas, internal roads and parking areas, and
conunon drainage facilities. Draft project CC&Rs shall be submitted to the
Town of Danville for review and approval a minimum of 30 days prior to
recordation of the final map.
Use of a private gated entrance is expressly prohibited.
The locatiory design and number of gang mailbox structures serving the
project shall be subject to review and approval by the Design Review Board
and the local Postmaster.
The proposed project shall conform to the Town's Stormwater Management
and Discharge Control Ordinance (Ord. No. 2004-06) and all applicable
construction Best Management Practices (BMPs) for the site. For example,
construction BMPs may include, but are not limited to: the storage and
handling of construction materials, street cleaning, proper disposal of
wastes and debris, painting, concrete operations, dewatering operations,
pavement operations, vehicle/equipment cleaning, maintenance and
fueling and stabilization of construction entrances. Training of contractors
on BMPs for construction activities is a requirement of this permit. At the
discretion of the City Engineer, a Storm Water Pollution Prevention Plan
(SWPPP) may be required for projects under five acres.
PAGE 23 OF RESOLUTION NO. 2019.01
tr 8.The project shall conform to the Regional Water Quality Control Board
post-construction C.3 regulations which shall be designed and engineered
to integrate into the project's overall site, architectural, landscaping and
improvement plans. These requirements are contained in the project's
Stormwater Control Plan and are to be implemented as follows:
Prior to issuance of permits for building, site improvements, or
landscaping, the permit application shall be consistent with the
applicant's approved Stormwater Control Plan and shall include
drawings and specifications necessary to implement all measures in the
approved plan. The permit application shall include a completed
Construction Plan C.3 Checklist as described in the Town's Stormtttater
C.3 Guidebook.
As may be required by the City Engineer and the Chief of Planning,
drawings submitted with the permit application (including structural,
mechanical, architectural, grading, drainage, site, landscape, and other
drawings) shall show the details and methods of construction for site
design features, measures to limit directly connected impervious area,
pervious pavements, self-retaining areas, treatment (Best Management
Practices) BMPs, permanent source control BMPs, and other features
that control stormwater flow and potential stormwater pollutants.
Prior to building permit final and issuance of a Certificate of Occupancy,
the applicant shall execute any agreements identified in the Stormwater
Control Plan which pertain to the transfer of ownership and/or long-
term maintenance of stormwater treatment or hydrograph modification
BMPs.
Prior to building permit final and issuance of a Certificate of Occupancy,
the applicant shall submit, for the Town's review and approval, a
Stormwater BMP Operation and Maintenance Plan in accordance with
the Town of Danville guidelines. Guidelines for the preparation of
Stormwater BMP Operation and Maintenance Plans are in Appendix F
of the Town's Stormroøter C,3 Guidebook.
This project shall be responsible for the provision of a minimum of five
residential units that shall be made available to moderate income
households, as defined by the State Department of Housing and
Comrnunity Development (HCD) and the United States Department of
Housing and Urban Development (HUD). The developer shall enter into a
formal agreement with the Town which specifies the maximum income of
the buyer(s) (to be less than or equal to11,0% of median income as adjusted
for household size) and which regulates the terms of occupancy, resale or
9
PAGE 24 OF RESOLUTION NO. 2019.01
any other restoiction deemed necessary to assure the long term affordability
of the units to moderate income households. This agreement shall be
subject to approval by the Town Council prior to recordation of the final
map for the project or issuance of building permits, whichever occurs first.
APPROVED by the Danville Planning Commission at a regular meetingonlune 11,2019,
by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
APPROVED AS TO FORM:
.5
City Attorney
Combs, Graham, Radich, Trujillo
Bowles, Haberl, Verriere
Chairman
Chief
PAGE 25 OF RESOLUTION NO. 2019-01,
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None