HomeMy WebLinkAbout046-2019
RESOLUTION NO. 46-2019
CERTIFYING A FINAL REVISED ENVIRONMENTAL IMPACT REPORT,
ADOPTING FINDINGS AND A STATEMENT OF OVERRIDING
CONSIDERATIONS, MITIGATION MEASURES AND A MITIGATION
MONITORING AND REPORTING PROGRAM, AND APPROVING
MAJOR SUBDIVISION REQUEST, FINAL DEVELOPMENT
PLAN REQUEST AND TREE REMOVAL REQUEST
(MAGEE PRESERVE – DAVIDON HOMES)
WHEREAS, DAVIDON HOMES (Applicant) and MAGEE INVESTMENT COMPANY
& TEARDROP PARTNERS, L.P (Owners) have requested approval of a Preliminary
Development Plan – Rezoning request (LEG10-0004), Major Subdivision request
(DEV10-0071), Final Development Plan request (DEV10-0072), and Tree Removal
request TR10-0028, on a 410 +/- acre site; and
WHEREAS, the site is located on the south side of Diablo Road and Blackhawk Ro ad
extending approximately two miles east from the intersection of Diablo Road/Green
Valley Road/McCauley Road; and
WHEREAS, the site is also identified as Assessor’s Parcel Numbers 202-050-071, 073,
078, 079, and 080; 202-100-017, 019, 038, and 040; and 215-040-002; and
WHEREAS, collectively, these approvals would: 1) rezone the property from A-4;
Agricultural Preserve District, A-2; General Agricultural District, and P-1; Planned Unit
Development District to P-1; Planned Unit Development District; 2) approve the
subdivision of the 410 +/- acre site to create 69 single family residential lots and
associated parcels; 3) authorize a minimum of 10% of the lots created to include an
Accessory dwelling unit (“casita”); 4) provide for architectural design and landscape
details for the development, and; 5) authorize the removal of 15 Town-protected trees (a
total of 67 on and off-site trees would be removed as part of the project); and
WHEREAS, the Town of Danville P-1; Planned Unit Development District Ordinance
requires approval of a Preliminary Development Plan – Rezoning request prior to
approval of a Final Development Plan request; and
WHEREAS, the Town’s Subdivision Ordinance requires approval of a tentative map
prior to the recordation of the final map; and
WHEREAS, the Danville Tree Preservation Ordinance requires approval of a Tree
Removal permit prior to the removal of Town-protected trees; and
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WHEREAS, the development applications would authorize a “project” under the
California Environmental Quality Act (CEQA) and the Town of Danville determined
that preparation of a Revised Environmental Impact Report (REIR) for the project
would be required; and
WHEREAS, a substantially similar development application and a Final Environmental
Impact Report were approved by the Danville Town Council in July, 2013; and
WHEREAS, a lawsuit was filed to challenge the project approvals, alleging that the
project’s 2013 Final EIR inadequately addressed impacts to traffic, bicycle safety,
pedestrian safety, California red-legged frog, emergency access, safe evacuation,
flooding, erosion, and siltation. The lawsuit further alleged that the EIR failed to
adequately respond to public comments, failed to consider project alternatives that
would have eliminated traffic impacts, and should have been recirculated for public
comment. Finally, the lawsuit alleged that the project was inconsistent with the Town’s
General Plan and with other land use restrictions; and
WHEREAS, the Court of Appeal rejected all allegations except the claim that the EIR
did not adequately address impacts to bicycle safety. As to bicycle safety, further CEQA
analysis was required before the Town considers approval of the proposed project; and
WHEREAS, on April 19, 2016, the Town Council adopted Resolution No. 39-2016
setting aside and rescinding certification of the EIR and project approval; and
WHEREAS, in February 2017, Davidon Homes became the project applicant; and
WHEREAS, the Town of Danville prepared and circulated a Notice of Preparati on
(NOP) on August 31, 2017 for a 30-day review period ending on October 2, 2017,
soliciting guidance from the public and interested agencies on the scope and content of
the EIR; and
WHEREAS, the NOP was sent to the California State Clearinghouse under
Clearinghouse Number 2010112042; and
WHEREAS, the Town of Danville subsequently completed a Draft Revised EIR in
accordance with CEQA; and
WHEREAS, on August 31, 2018, the Draft Revised EIR was released by the Town of
Danville to the public and interested agencies for a 45-day public review period; and
WHEREAS, the public review period ended on October 15, 2018; and
WHEREAS, public comment on the Draft Revised EIR was received by the Planning
Commission at the September 25, 2018 hearing; and
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WHEREAS, the Town of Danville prepared a Final Revised EIR and released it to the
public and interested agencies on May 16, 2019; and
WHEREAS, on May 28, 2019, the Planning Commission held a public hearing on the
Final Revised EIR and Project; and
WHEREAS, a staff report was submitted recommending that the Danville Planning
Commission recommend the Town Council certify the Final Revised EIR, approve a
Statement of Overriding Considerations, adopt mitigation measures and a Mitigation
Monitoring and Reporting Program and approve the development applications; and
WHEREAS, at that meeting, the Planning Commission approved Resolution No. 2019-
05 recommending the Town Council certify the Final Revised EIR, approve a Statement
of Overriding Considerations, adopt mitigation measures and a Mitigation Monitoring
and Reporting Program, and approve the development applications; and
WHEREAS, on July 2, 2019, the Town Council held a public hearing on the Final
Revised EIR and Project; and
WHEREAS, a staff report was submitted recommending that the Town Council certify
the Final Revised EIR, approve a Statement of Overriding Considerations, adopt
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 Final Revised EIR and
Project, the Town Council determined that the Revised Final EIR has been prepared in
compliance with CEQA; and
WHEREAS, the Town Council reviewed and considered the information contained in
the Final Revised EIR and the testimony presented at the public hearings prior to
making a recommendation on the Project; and
WHEREAS, the Town Council finds that the Final Revised EIR reflects the Town’s
independent judgment and analysis; and
WHEREAS, the Town Council finds that all feasible mitigation measures were
considered and recommended for adoption, and to the extent a measure or alternative
was not feasible, that there are specific economic, legal, social, technological, and other
considerations explaining why a measure or alternative was not feasible to reduce those
impacts to a less than significant level; and
WHEREAS, prior to taking action, the Town Council declares that it has heard and
been presented with, reviewed, and considered all of the information and data in the
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administrative record, including the Final Revised EIR and other documentation
relating to the Project; and
WHEREAS, the Planning Commission also recommended approval of a Statement of
Overriding Considerations which evaluates the benefits of the Project against its
significant and potentially unavoidable traffic congestion impacts; and
WHEREAS, the required CEQA Findings and Statement of Overriding Considerations
are attached to this Resolution as Exhibit 1 and the required Mitigation Monitoring and
Reporting Program is attached this Resolution as Exhibit 2; now, therefore, be it
RESOLVED that the Danville Town Council makes the following findings:
Section 1. The Town Council finds that the Final Revised 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 declares that it has made a reasonable and good faith
effort to eliminate or substantially mitigate, through adoption of all fea sible mitigation
measures, all potentially significant impacts that may result from the Project.
Section 3. The Town Council concurs with the CEQA Findings and Statement of
Overriding Considerations in Exhibit 1 to this Resolution and incorporated herein by
this reference and finds, that if an environmental impact remains significant and
unavoidable, the benefits of the Project outweigh any potential significant and
unavoidable environmental impact. The Town Council also herein incorporates the
project’s Mitigation Monitoring and Reporting Program attached as Exhibit 2 to this
Resolution. The Town Council also concurs that there are no additional feasible
alternatives or mitigation measures within its powers that would substantially lessen or
avoid any significant and unavoidable impacts that may result from the Project.
Section 4. The Town Council certified the Final Revised EIR,
Section 5. The Town Council authorizes a Notice of Determination be filed within five
working days of approval of the Project.
And, be it further
RESOLVED, that the Danville Town Council approve Preliminary Development Plan –
Rezoning request (LEG10-0004), Major Subdivision request (SD9291 & DEV10-0071),
Final Development Plan request (DEV10-0072), and Tree Removal request (TR10-0028)
per the conditions contained herein, and makes the following findings in support of
these actions:
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FINDINGS
PRELIMINARY DEVELOPMENT PLAN – REZONING
1. The rezoning of the site to P-1; Planned Unit Development District is consistent
with the Town of Danville 2030 General Plan. The General Plan contains policies
that encourage clustering of development on flatter portions of properties to
preserve open space and natural features. 2030 General Plan Policies 1.07, 2.05,
and 21.02 contain such provisions, with Policies 1.07 and 21.02 specifically
identifying PUD or P-1 zoning as implementation measures. In addition,
Municipal Code Section 32-63.1b provides that the P-1; Planned Unit
Development District is intended to be used for properties identified as Special
Concern Areas in the General Plan: the subject property is identified as a special
concern area.
2. The project site is identified as a Special Concern Area in the General Plan. The
text for the Special Concern Area of the Magee Ranch property (on pages 3-49
and 3-50 of the 2030 General Plan) includes the following relevant direction:
• The Plan describes Diablo Road in this area as retaining “the character of a
country road. The Town strongly supports retention of this character and
protection of the views and vistas from the road.”
• “[P]roposals which transfer the allowable number of homes to the least
sensitive and obtrusive parts of the site are encouraged.”
• “As on the other large undeveloped hillside sites in Danville, protection of
scenic slopes and ridgelines is imperative. Despite the A-2 (General
Agricultural) zoning on much of the site, subdivision of this Special
Concern Area into five-acre ‘ranchette’ sites similar to those in the
Tassajara Lane/Sherburne Hills area is strongly discouraged. Such
development would require grading and road construction that could
substantially diminish the visual qualities of the area. Transferring
allowable densities to a limited number of areas within the ranch would
enable the bulk of the site to be set aside as permanent open space. This
would also provide opportunities to establish park and trail connections
and to preserve wildlife corridors between this area and the Sycamore
Valley Open Space.
P-1 zoning is the only zoning designation that permits this clustering of potential
development, without creation of 5-acre “ranchettes,” which the Special Concern
Area language specifically discourages on the property. With clustering, the new
residences would not be visible to motorists on Diablo Road. Approximately 381
acres of the project site would be set aside as permanent open space and two
miles of trails would be dedicated to create connections to the Sycamore Valley
Open Space.
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3. The Town further finds that the rezoning for residential deve lopment is within
the maximum permitted density under the existing General Plan land use
designations on the property, which include Single Family-Low Density, Rural
Residential, Agricultural and General Open Space.
4. The uses authorized or proposed in the land use district are compatible within
the district and to uses authorized in adjacent districts. The proposed infill
housing is an efficient development pattern consistent with surrounding
residential subdivisions and will add to existing infrastruct ure that services the
adjacent single family residential uses.
FINAL DEVELOPMENT PLAN – MAJOR SUBDIVISION
1. The proposed subdivision is in substantial conformance with the goals and
policies of the 2010 General Plan, including the requirements of Measure S. The
Town’s 2030 General Plan recognizes the site as an important site that merits
specific direction for its development. As such, the site is designated as one of 11
Special Concern Areas within the General Plan. The Special Concern Area
language includes the following provisions, which are addressed through the
proposed project:
• The Plan describes Diablo Road in this area as retaining “the character of a
country road. The Town strongly supports retention of this character and
protection of the views and vistas from the road.” The project residences
would be clustered at the lowest, flattest areas of the project site, where
they would not be visible to motorists on Diablo Road.
• The Plan provides that “[P]roposals which transfer the allowable number
of homes to the least sensitive and obtrusive parts of the site are
encouraged.” The clustering of homes would comply with this directive.
• The Plan provides that “As on the other large undeveloped hillside sites in
Danville, protection of scenic slopes and ridgelines is imperative. Despite
the A-2 (General Agricultural) zoning on much of the site, subdivision of
this Special Concern Area into five-acre “ranchette” sites similar to those
in the Tassajara Lane/Sherburne Hills area is strongly discouraged. Such
development would require grading and road construction that could
substantially diminish the visual qualities of the area. Transferring
allowable densities to a limited number of areas within the ranch would
enable the bulk of the site to be set aside as permanent open space. This
would also provide opportunities to establish park and trail connections
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and to preserve wildlife corridors between this area and the Sycamore
Valley Open Space.” The project, through the use of P-1 zoning to cluster
the permitted development, would avoid creation of “ranchette” sites,
would limit grading and road construction and substantially preserve the
visual quality of the area. The clustering of the project would also
permanently preserve 381 acres, or approximately 93% of the site as open
space, which would include trail connections to the Sycamore Valley
Open Space, provision of easements necessary to create a
bicycle/pedestrian trail parallel to Diablo Road, and preservation of
wildlife corridors through the site.
2. The design of the proposed subdivision is in conformance with the P-1; Planned
Unit Development District since the subject P-1; Planned Unit Development
District is customized to the subject Development Plan. The P-1; Planned Unit
Development District is an appropriate zoning designation for infill projects and
lands designated as Special Concern Areas in the General Plan. Additional
detailed findings regarding P-1 zoning consistency can be found under
Preliminary Development Plan – Rezoning above.
3. The design of the subdivision and the type of associated improvements will not
likely cause serious public health problems, because water and sanitary facilities
services will be available to the new parcels.
4. The site of the subdivision is physically suitable for the proposed density of
development. The proposed development of 69 lots on the 410 +/- acre site falls
within the allowable maximum density range of up to 78 units, consistent with
the site’s Danville 2030 General Plan land use designations of Residential – Single
Family – Low Density, Rural Residential, Agricultural and General Open Space.
With respect to density on the portions of the site designated as “Agricultural” in
the 2030 General Plan, the General Plan provides the following:
“Because properties with this designation are bound by Williamson Act contract
to remain in agricultural uses, a density range is not applicable. In the event that
Williamson Act contracts are not renewed, continued agricultural use is
encouraged and the underlying zoning density (one unit per 20 acres or one unit
per five acres) would apply upon the contract expiration.”
The portions of the site designated as Agricultural are no longer bound by
Williamson Act contract. In such situations, the Town’s practice (and that of
Contra Costa County, prior to the Town's incorporation in 1982) was to zone
lands to A-4 (20 acre minimum) upon execution of a Williamson Act contract,
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regardless of the size or prior zoning of the property. The purpose of this A-4
zoning designation is to show that the property is under a Williamson Act
contract. For example, the Town rezoned the “Borel” property (APN 218-090-
031) from P-1 to A-4 upon execution of a Williamson Act contract, despite the
entire parcel being only 17 acres. Under the A-4 zoning designation one home
per 20 acres is allowed.
Upon expiration of a Williamson Act contract, the General Plan dictates that the
Town apply the “underlying” zoning, which has been the zoning in effect prior
to entering into the contract. This reflects the intent to place the property in the
position it held prior to entering into the contract, neither increasing nor
decreasing the property’s development potential. This practice was previously
applied by the Town with respect to Assessors Parcels 202-100-017, -018, and -019
on the subject property. In February 1986, the Town approved a Williamson Act
contract for these parcels and at the same time adopted an ordinance rezoning
them from A-2 to A-4. In March 1988, after discovery that the contract had never
been properly executed, the property owner requested, and the Town approved,
an ordinance rezoning the property back to the prior designation of A-2.
The property owner in this case did not apply to rezone the property after the
Williamson Act contract expired. However, in determining potential density for
purposes of this application, the Town used the underlying zoning of A -2 (with
the corresponding maximum development density of one unit per five acres) as
provided for in the General Plan and consistent with prior applications,
including the Elworthy Ranch project approved by the Town in 2008 under the
approval granted for Preliminary Development Plan – Rezoning request PUD
2005-02.
5. 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. The Revised Environmental Impact Report prepared for the
project found that, with implementation of recommended mitigation measures,
the project would have no significant negative impacts on the wildlife on site,
including California Red Legged Frogs, wetlands, trees and plant life.
6. The design of the proposed subdivision and proposed improvements will not
conflict with easements, acquired by the public at large, for access through or use
of property within the proposed subdivision. There are currently no existing
public easements for access through or use of the subdivision. Through project
conditions of approval, the subdivision will offer new easements for public
access.
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7. The project will not cause on-site flooding or add to existing downstream
flooding as detailed in the Hydraulic Report prepared for the project by ENGEO,
Inc. and as concurred with by the Contra Costa County Flood Control and Water
Conservation District.
TREE REMOVAL PERMIT
The project as proposed would preserve 272 trees out of the 321 surveyed trees and
many other trees located throughout the site, and remove 49 trees. Of the 49 trees to be
removed, seven are designated as protected trees under the Town’s Tree Preservation
Ordinance. In addition, to construct roadway improvements at and near the intersection
of Diablo Road/Green Valley Road/McCauley Road, the project would remove 18
trees, including eight protected trees.
The findings below address only the 15 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.
1. Necessity. The primary reason for removal of the 67 trees, including 15 Town-
protected trees, is that preservation of those trees would be inconsistent with the
proposed residential development of the property , including the creation of a
new roadway to access the main project area, including a new creek crossing, to
be located east of Jillian Way, and the widening of the Diablo Road/Green Valley
Road/McCauley Road intersection to the south to improve the function of that
intersection.
2. Erosion/surface water flow. Removal of the 15 Town-protected trees and 67
total trees would 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 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 approved
species “of a cumulative number and diameter necessary to equal the diameter of
the tree(s) which are approved for removal” in accordance with the Town’s Tree
Preservation Ordinance. 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-size trees (i.e., trees
less than 10 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.
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Removal of the 67 trees, including 15 Town-protected trees, would not
significantly affect off-site shade or adversely affect privacy between properties
due to the site’s topography, the other trees that would remain, and the locations
of the trees in relation to other properties.
CONDITIONS OF APPROVAL
Conditions of approval with an asterisk (*) in the left-hand column are standard project
conditions of approval.
Conditions of approval typed in italicized text are mitigation measures derived from the
Environmental Impact Report prepared for the project.
Unless otherwise specified, the following conditions shall be complied with prior to
recordation of the final map for the project or the issuance of grading permits or
building permits (as determined appropriate by the Planning Division). Each item is
subject to review and approval by the Planning Division unless otherwise specified.
A. GENERAL
1. This approval is for Preliminary Development Plan – Rezoning request
(LEG10-0004), Major Subdivision request (DEV10-0071), Final
Development Plan request (DEV10-0072), and Tree Removal request
TR10-0028 which would collectively serve to: 1) rezone the property from
A-4; Agricultural Preserve District, A-2; General Agricultural District, and
P-1; Planned Unit Development District to P-1; Planned Unit
Development District; 2) approve the subdivision of the 410 +/- acre site
to create 69 single family residential lots and associated parcels; 3)
authorize 10% of the lots created to include an accessory dwelling unit
(“casita”); 4) provide for architectural design and landscape details for the
development, and; 5) authorize the removal of 15 Town-protected trees (a
total of 67 trees would be removed as part of the project); and
Development shall be substantially as shown on the project drawings as
follows, except as may be modified by conditions contained herein;
a. Planned Unit Development Site Summary Sheet labeled
“Subdivision 9291 – Magee Preserve,” as prepared by Ruggeri-
Jensen-Azar, consisting of one sheet, dated July 24, 2017.
b. Vesting Tentative Map labeled “Subdivision 9291 – Magee
Preserve,” including Site Plans, Grading Plans, Utility Plans, and
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Storm Water Treatment Plans, as prepared by Ruggeri-Jensen-Azar,
consisting of 13 sheets, dated January 22, 2019.
c. Architectural Plans labeled “Magee Preserve,” consisting of floor
plans, elevations, roof plans, and details as prepared by Dahlin
Group Architecture and Planning consisting of 39 sheets and dated
January 16, 2018.
d. Conceptual Landscape Site Plan labeled “Magee Preserve,” as
prepared by Ripley Landscape Architecture Land Planning,
consisting of six sheets, dated November 6, 2017.
e. Environmental Impact Report dated November, 2013, as prepared
by Denise Duffy and Associates, Draft Revised Environmental
Impact Report as prepared by Denise Duffy & Associates dated
August, 2018, and Final Revised Environmental Impact Report as
prepared by Denise Duffy & Associates dated May 2019.
f. Preliminary Stormwater Management Plan as prepared by
Ruggeri-Jensen-Azar, dated April 19, 2013.
* 2. All Town and other related fees that the property may be subject to shall
be paid by the applicant. These fees shall be based on the current fee
schedule in effect at the time the relevant permits are secured, and shall be
paid as listed below:
The following fees are due at final map approval for the above-mentioned
project:
a. Map Check Fee (71 parcels) ..............................$ 7,130.00
b. Improvement Plan Check Fee ......... 3% of cost estimate
c. Engineering Inspection Fee ............. 5% of cost estimate
d. Grading Plan Check, Permit & Inspection ..............TBD
e. Base Map Revision Fee (71 parcels) .................$ 6,674.00
f. Excavation Mitigation Fee (Green Valley) ...$ 87,950.00
The following fees are due at building permit issuance for the above-
mentioned project:
a. Child Care Facilities Fee .................................... $ 335/lot
b. Storm Water Pollution Program Fee ................. $ 56/lot
c. Finish Grading Inspection Fee ........................... $ 84/lot
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d. SCC Regional Fee ............................................ $ 1,404/lot
e. Residential TIP Fee ......................................... $ 2,000/lot
f. Tri-Valley Transportation Fee ................... $4,457.63/lot
3. Prior to the recordation of the final map, the applicant shall reimburse the
Town for notifying surrounding residents of the public hearing. The fee
shall be $4,985.00 ($105 + 1,176 notices X $0.83 per notice X 5 mailings).
4. Prior to any grading or other construction activities, the applicant shall
develop a construction mitigation plan in close coordination with the
Town of Danville staff to assure that construction activities are scheduled
to minimize noise disturbance. The following conditions shall be
incorporated into the building contractor specifications:
a. Muffle and maintain all equipment used on site. All internal
combustion engine driven equipment shall be fitted with mufflers,
which are in good condition. Good mufflers shall result in non -
impact tools generating a maximum noise level of 80 dB when
measured at a distance of 50 feet.
b. Utilize “quiet” models of air compressors and other stationary
noise sources where technology exists.
c. Locate stationary noise-generating equipment as far as possible
from sensitive receptors when sensitive receptors adjoin or are near
a construction project area.
d. Prohibit unnecessary idling of internal combustion engines.
e. Prohibit audible construction workers’ radios on adjoining
properties.
f. Restrict noise-generating activities at the construction site or in
areas adjacent to the construction site to the hours between 8:00
a.m. and 5:00 p.m., Monday through Friday.
g. Do not allow machinery to be cleaned or serviced past 6:00 p.m. or
prior to 7:00 a.m. Monday through Friday.
h. Limit the allowable hours for the delivery of materials or
equipment to the site and truck traffic coming to and from the site
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for any purpose to Monday through Friday between 7:00 a.m. and
6:00 p.m.
i. Do not allow any outdoor construction or construction-related
activities at the project site on weekends and holidays. Indoor
construction activities may be allowed based on review/approval
of the Town.
j. Allowable construction hours shall be posted clearly on a sign at
each construction site.
k. Designate a Disturbance Coordinator for each of the clustered
development sites for the duration of the Phase 1 (site work) and
for each home site during the Phase 2 (home building) construction.
Because each home would be constructed individually and would
have its own building permit, a Disturbance Coordinator should be
designated during the construction of each home. The requirement
for a Disturbance Coordinator for each home site should be
incorporated in the CCRs of the development, such that
responsibility of the Property Owners’ Association and/or home
builder to designate this Disturbance Coordinator for each lot for
the duration of construction until full site buildout. The
Disturbance Coordinator shall conduct the following: receive and
act on complaints about construction disturbances during
infrastructure installation, landslide repair, road building,
residential construction, and other construction activities;
determine the cause(s) and implement remedial measures as
necessary to alleviate significant problems; clearly post his/her
name and phone number(s) on a sign at each clustered
development and home building site; and, notify area residents of
construction activities, schedules, and impacts.
* 5. 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 and the San Ramon Valley Unified School
District have been, or will be, met to the satisfaction of these respective
agencies.
* 6. 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 $3,271.00. In addition, the applicant shall pay a $50.00
administrative fee. Both checks shall be made payable to the Contra Costa
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County Clerk and shall be submitted to the Town within five days of
project approval.
7. If during the course of project construction, archaeological resources or human
remains are accidentally discovered during construction, work shall be halted
within 20 feet of the find until a qualified professional archaeologist can evaluate
it. Work shall not recommence until the project archaeologist has submitted
documentation to the Town indicating that discovered resources have been
adequately salvaged and no further resources have been identified within the area
of disturbance.
8. Pursuant to Section 7050.5 of the Health and Safety Code and Section 5097.94 of
the Public Resources Code of the State of California, in the event of the discovery
of human remains during construction, no further excavation or disturbance shall
be conducted on the site or any nearby area reasonably suspected to overlie
adjacent remains. The Contra Costa County Coroner shall be notified and make a
determination as to whether the remains are Native American. If the Coroner
determines that the remains are not subject to his authority, he shall notify the
Native American Heritage Commission who shall attempt to identify descendants
of the deceased Native American. If no satisfactory agreement can be reached as
to the disposition of the remains pursuant to this State law, then the land owner
shall re-inter the human remains and items associated with Native American
burials on the property in a location not subject to further subsurface disturbance.
9. If during the course of project construction, paleontological resources are
accidentally discovered during construction, work shall be halted within 20 feet of
the find until a qualified professional paleontologist can evaluate it. Work shall
not recommence until the project paleontologist has submitted documentation to
the Town indicating that discovered resources have been adequately salvaged and
no further resources have been identified within the area of disturbance.
* 10. Prior to any construction work on the site, including grading, the
applicant shall install a minimum 3’x3’ sign at the project entry which
specifies the allowable construction work days and hours, and lists the
name and contact person for the overall project manage r and all
contractors and sub-contractors working on the job.
* 11. The applicant shall provide security fencing as determined necessary and,
to the satisfaction of the City Engineer and/or the Chief Building Official,
around the construction site during construction of the project.
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* 12. If the applicant intends to construct the project in phases, then the first
submittal for building permits shall be accompanied by an overall phasing
plan. This plan shall address: off-site improvements to be installed in
conjunction with each phase; erosion control for undeveloped portions of
the site; timing of delivery of emergency vehicle access connections; and
phasing of project grading. No structure shall be occupied until
construction activity in the adjoining area is complete and the area is safe,
accessible, provided with all reasonably expected services and amenities,
and appropriately separated from remaining additional construction
activity. The phasing plan shall be subject to the review and approval of
the City Engineer and Chief of Planning.
* 13. The applicant shall submit a written Compliance Report, signed by the
applicant, 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, and/or building permit review process (whichever occurs first).
This report shall list each condition of approval followed by a description
of what the applicant has provided as evidence of compliance with that
condition. The report is subject to review and approval by the City
Engineer and/or Chief of Planning and/or Chief Building Official, and
may be rejected by the Town if it is not comprehensive with respect to the
applicable conditions of approval.
* 14. Planning Division sign-off is required prior to final Building Inspection
sign-off.
15. Although the project would not exceed the BAAQMD significance
thresholds, the project shall be subject to the following BAAQMD Best
Management Practices:
a. All exposed surfaces (e.g., parking areas, staging areas, soil piles,
graded areas, and unpaved access roads) shall be watered two
times per day.
b. All haul trucks transporting soil, sand, or other loose material off-
site shall be covered.
c. All visible mud and dirt tracked-out onto adjacent public roads
shall be removed using wet power vacuum street sweepers at least
once per day. The use of dry power sweeping is prohibited.
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d. All vehicle speeds on unpaved roads shall be limited to 15 miles
per hour.
e. All roads, driveways, and sidewalks to be paved shall be
completed as soon as possible. Building pads shall be laid as soon
as possible after grading unless seeding or soil binders are used.
f. A publicly visible sign shall be posted with the telephone number
of the person to contact at the Lead Agency regarding dust
complaints. This person shall respond and take corrective action
within 48 hours. The BAAQMD’s phone number shall also be
visible to ensure compliance with applicable regulations.
g. All off-road construction equipment shall have at least Tier 2
engines with Level 3 verified retrofits for diesel emissions.
16. The applicant shall pay a school impact fee pursuant to the criteria set forth
within California Government Code Section 65995. Prior to the issuance of
building permits, the applicant shall pay required school mitigation fees, subject
to the review and approval of the Town of Danville and San Ramon Valley
Unified School District. The fees set forth in Government Code Section 65996
constitute the exclusive means of both “considering” and “mitigating” school
facilities impacts of projects [Government Code Section 65996(a)]. They are
“deemed to provide full and complete school facilities mitigation” [Government
Code Section 65996(b)].
17. 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 a
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 in conjunction with the developer and the Town based on
the development schedule for the project. This report shall be subject to
review and approval by the Planning Division.
18. The applicant shall be responsible for washing the exterior of abutting
residences, and cleaning pools, patios, etc. at the completion of mass
grading activities. 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.
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19. In order to minimize potential human health hazards associated with the
historical use of hazardous materials on portions of the project site, the project
proponent shall retain a trained professional to prepare a Site Management Plan
to maintain the safety of construction workers and assure proper management of
any contaminated soils on the site in accordance with federal, state and local
regulatory requirements. This plan shall be subject to review and approval by
Contra Costa County Health Services, and evidence of approval provided to the
Town of Danville, prior to the issuance of any grading permit, demonstrating
that all necessary remedial actions have been completed pursuant to the approved
Site Management Plan. At a minimum, the Site Management Plan shall include
1) the collection and chemical analysis of soil samples from the former UST
location and 2) excavation and soils characterization to confirm that sufficient
soils removal has occurred for OCPs and elevated 4, 4-DDE at location SB-3, and
3) proper removal and disposal of all hazardous materials on the site, including
contaminated soils, chemical containers observed in the storage shed, and
herbicides spray bottles at an approved disposal facility.
B. SITE PLANNING
1. All buildings shall be designed so that reflective surfaces are limited, and exterior
lighting is down-lit and illuminates the intended area only. Building applications
for new structures shall include an exterior lighting plan subject to approval by
the Town of Danville that includes the following requirements: 1) exterior
lighting shall be directional; 2) the source of directional lighting shall not be
directly visible; and 3) vegetative screening shall be installed, where appropriate.
* 2. The location of any pad mounted electrical transformers shall be subject to
review and approval by the Planning Division prior to installation. To the
extent feasible, such transformers shall not be located between any street
and the front of any building.
* 3. Any on-site wells and septic systems shall be destroyed in accordance
with Contra Costa County Health Services Department - Environmental
Health Division regulations. Environmental Health Division permit and
inspections for this work shall be obtained. Wells used for irrigation or
cattle may be retained subject to approval of the Contra Costa County
Health Services Department - Environmental Health Division.
4. Zoning standards and land uses for the development shall be as follows:
Primary Frontyard Setbacks: 20’ Minimum
Secondary Front Yard Setbacks: 15’ Minimum
Rearyard Setbacks: 20’ Minimum
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Sideyard Setbacks: 5’ Minimum
Aggregate Sideyard Setback: 15’ Minimum
All other development standards, allowed uses and conditional uses shall
be as listed under the Town’s R-10; Single Family Residential District
Ordinance.
5. As part of the subject P-1; Planned Unit Development District, the
remaining approximately 381 acre undeveloped portion of the site shall be
preserved as permanent open space, and shall be designated as such on
the final map for the project. In addition, the applicant shall dedicate to
the Town of Danville a Scenic Easement covering the undeveloped
portions of the project site. The scenic easement shall preclude any future
development on the portions of the project site not approved for
development as part of this project. The public trail easement area to be
located along Diablo Road shall be excluded from the scenic easement.
6. In conformance with the Townwide Trails Master Plan dated January 1989
and the Town’s adopted Parks, Recreation, and Arts Strategic Plan dated
July, 2017, the applicant shall dedicate a public trail easement to the Town
covering the trail from the main entry at Blackhawk Road near Jillian
Way, south along Street “A”, west along the north side of Street “B”
(south side of Green Valley Creek), then northwest over the proposed
emergency vehicle access (EVA) roadway, and finally west over the
existing agricultural/fire trail along the south side of Diablo Road. The
easement shall terminate at the point west of the Diablo Road and
Alameda Diablo intersection. The easement shall be a floating easement
covering the entirety of the affected parcels, as determined appropriate by
the Town. Excess easement areas will be relinquished by the Town after
completion of the trail.
7. The applicant shall construct a public trail from Blackhawk Road near
Street “A” to a point where the EVA connects to Diablo Road, as part of
the subdivision improvements. The trail design standard shall be that of a
“Paved Trail” as described in the Townwide Trails Master Plan dated
January 1989 and the Town’s adopted Parks, Recreation, and Arts Strategic
Plan dated July, 2017. The trail shall be separate and distinct from any
internal sidewalks within the subdivision. Signage, trash/recycling
receptacles, doggy-bag dispensers, entry gates, and benches shall be
provided as required by the Town according to current design standards.
Maintenance of the trail improvements shall be provided by the project
Homeowner’s Association and/or the GHAD. The Town will have the
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responsibility for the future construction of the extension of the public
trail from the EVA west along the south side of Diablo Road, as part of a
future Capital Improvement Project. The exact design/alignment of the
trail and construction timing will be determined by the Town at a future
date.
8. The applicant shall dedicate a pedestrian access easement to the East Bay
Regional Park District (EBRPD) which links Diablo Road with Sycamore
Valley to the south. The easement shall be a minimum width of 25’wide
and shall generally follow the existing fire trails as shown on plans
referenced under condition of approval A.1.a. above. The exact alignment
of the trail shall be subject to review and approval by the Town and the
EBRPD prior to recordation of the final map.
9. The existing Green Valley Creek culverts along the developments frontage
with Diablo Road require the following improvement measures to assure
a properly functioning drainage course:
a. At Clydesdale Drive there exists a double 10’-wide by 6’-high
reinforced concrete box culvert. The applicant shall remove the
ranch-constructed cattle gate (corrugated sheet metal) that
currently obstructs flows through one of the two adjacent culverts.
b. At Alameda Diablo there exists a 12’-diameter corrugated steel
structural plate culvert. The applicant shall pay $100,000 toward
the future repair of this facility.
c. At the creek crossing located approximately 150 yards west of
Avenida Nueva there exists a 12’-wide by 10’-high reinforced
concrete box culvert. The applicant shall remove the ranch-
constructed cattle gate (corrugated sheet metal) that currently
obstructs flows.
The above stated improvements shall be performed to the satisfaction of
the Engineering Division and shall be done prior to acceptance of the
subdivision improvements.
10. The developer shall provide a gravel parking area to accommodate motor
vehicles in the area on the east side of the project’s main entry drive, south
of the bridge. The developer shall complete additional study of this area
with the intent on providing up to eight parking spaces. The final design
of this area shall be subject to review and approval by the Town’s Design
Review Board prior to recordation of the final map.
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C. LANDSCAPING
* 1. Final landscape and irrigation plans shall be submitted for review and
approval by the Planning Division and the Design Review Board. 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.
* 2. All plant material shall be served by an automatic underground irrigation
system and maintained in a healthy growing condition.
* 3. All trees shall be a minimum of 15-gallon container size. All trees shall be
properly staked. All remaining shrubs used in the project, which are not
used as ground cover, shall be a minimum of five gallons in size. A
minimum of 25% of the true shrubs planted in the project shall be 10 or
15-gallon container size shrubs.
* 4. All landscaped areas not covered by shrubs and trees shall be planted
with live ground cover or covered with mulch. All proposed ground
cover shall be placed so that it fills in within two years.
* 5. If site construction activity occurs in the direct vicinity of the on -site and
off-site protected trees which are not approved for removal, 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 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 such potentially affected trees. The appraisal shall 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 Pl anning. A
tree preservation agreement shall be prepared and shall be submitted for
review and approval by the Planning Division 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 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 approved tree preservation
agreement.
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* 6. A minimum of two street trees per lot (three for corner lots) shall be
incorporated into the final landscape and irrigation plan for the project.
7. The proposed open wire fencing shall include a rigid and durable top bar
to prevent the fence from sagging. All applicant-installed fencing shall be
subject to review and approval by the Planning Division and the Design
Review Board as part of a Final Fencing Location, Design and
Construction Details submittal.
8. The project’s homeowner’s association shall be responsible for the
maintenance of all landscaping within the public right-of-way along
Blackhawk Road at the main project entry.
9. The project’s stormwater detention facility shall be fenced and gated to
prevent public access into it. The fence design shall be subject to review
and approval by the Town’s Design Review Board prior to recordation of
the final map.
D. ARCHITECTURE
1. 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.
2. All ducts, meters, air conditioning and/or any other mechanical
equipment whether on the structure or on the ground shall be effectively
screened from view with landscaping or materials architecturally
compatible with the main structures.
* 3. The street numbers for each building in the project shall be posted so as to
be easily seen from the street at all times, day and night by emergency
service personnel. If the street numbers are under four inches in height,
they shall be illuminated consistent with the Uniform Building Code.
* 4. 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.
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5. If project entry signage for the development is desired, a Sign Review
permit shall be submitted to the Town for consideration under a separate
application.
* 6. The location, 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.
7. The development of Lots 1, 67, 68, and 69 of this subdivision shall be
limited to single story homes only.
E. BIOLOGICAL
1. The project proponent shall implement the following measures during
construction activities in or along East Branch Green Valley Creek to avoid take
of individual CRLF:
a. Prior to the start of construction, the project proponent shall retain a
qualified biologist to train all construction personnel regarding habitat
sensitivity, identification of special status species, and required practices.
b. Prior to the start of construction, the project proponent shall retain a
qualified biologist to conduct pre-construction surveys to ensure that
CRLF are absent from the construction area. If CRLF are present, a
qualified biologist possessing all necessary permits shall relocate them or
they shall be allowed to move out of the construction area on their own.
c. Immediately following the pre-construction surveys and a determination
that CRLF are not present in the construction zone, the construction zone
shall be cleared and silt fencing erected and maintained around
construction zones to prevent CRLF from moving into these areas.
d. The project proponent shall retain a qualified biological monitor to be
present onsite during times of construction within the riparian habitat of
East Branch Green Valley Creek to ensure no CRLF are harmed, injured,
or killed during project buildout.
2. The project would impact approximately 0.3 acres of moderate-quality riparian
habitat resulting from construction of the vehicular bridges across East Branch
Green Valley Creek. The project shall replace the lost value of this impact by
restoring the impacted riparian habitat at a minimum 1:1 replacement-to-loss
ratio. (Final mitigation amounts will be based on actual impacts to be determined
during the design phase.) This shall be accomplished by restoring riparian habitat
at the four following locations:
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a. The existing wet crossing and asphalt near the panhandle (i.e., where the
new bridge is to be constructed) shall be removed. The silt and sediment
buildup behind and adjacent to the wet crossing and asphalt shall also be
removed and the creek bed shall be lowered to restore the natural flow of
this portion of the creek.
b. The existing crossing from San Andreas Drive shall be removed and the
creek restored in this area.
c. The two existing cattle grates on Magee West near the existing culverts
shall be removed. One of these is causing sediment build up and adversely
impacting the creek. The natural flow of this channel shall be restored back
to its original condition prior to the original installation of the grates.
d. The riparian corridor along the East Branch of Green Valley Creek will be
enhanced with suitable planting and placement of riparian vegetation along
the proposed trail on Magee East. Approximately 2 acres along East
Branch Green Valley Creek between the creek and the trail is available to
accommodate the minimum 0.3 acres of riparian enhancement plantings.
The enhancement area shall be planted with native species appropriate for
the corridor.
3. The project would impact approximately 0.5 acres of jurisdictional waters that are
of a degraded quality and marginal value for the CRLF. The project shall replace
the lost functions and value of this impact to aquatic habitats at a minimum of 1:1
replacement-to-loss acreage ratio. The final mitigation amounts will be based on
actual impacts to be determined during the design phase. Habitat replacement via
creation of and/or enhancements to existing waters shall occur onsite. Onsite
lands proposed to be preserved as open space are within the same watershed as the
offsite detention basin known to support breeding CRLF and are expected to fully
accommodate creation of and/or enhancements to aquatic habitats that would be of
substantially higher value to CRLF than the impacted waters. Compensation for
impacts to jurisdictional waters to benefit the CRLF will include all of the
aforementioned components discussed under “Compensation: riparian
restoration,” along with improving the wetland character of the onsite stock pond
and enhancing the associated riparian habitat between the stock pond and the
detention basin. (Refer also to mitigation measures 4.4-13 and 4.4-14 below for
impacts to jurisdictional waters.)
4. The project proposes to preserve approximately 381 acres of the project site as
open space. Areas to be preserved would be placed under a conservation easement
or deed restriction to prohibit construction and preserve conservation value. The
project proposes to create a geologic hazard abatement district (GHAD) to provide
suitable funding for management and long-term maintenance of the site. Upland
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habitats shall be managed via a long-term management plan to maintain the
quality of the habitat for the movement and dispersal of CRLF. Prior to
construction, the project proponent shall retain a qualified biologist to prepare an
open space management plan for the explicit purpose of managing and
monitoring the proposed open space area. This plan shall be submitted to the
Town of Danville for review and approval prior to issuance of grading permits.
At a minimum this plan shall include the following components:
a. Identify the location of the restoration efforts for replacing jurisdictional
waters and riparian habitats. The replacement ratio for both habitats will
be at a minimum of a 1:1 ratio.
b. Identify the approaches to be used, including the extent that the onsite
stock pond be expanded, reconfiguring of the pond bottom and increase in
depth, and providing evidence that sufficient water budget exist for any
proposed enhancement.
c. Identify a suitable planting regime for restoring wetland and riparian
habitats.
d. Identify success criteria for monitoring both the wetland and riparian
habitats that are consistent with similar habitats regionally.
e. Monitor restored wetland habitats for at least five years and restored
riparian habitats for 10 years.
f. Define and identify the GHAD maintenance and management activities to
manage the open space habitats to meet the stated goals of support habitat
characteristics suitable for the CRLF. This would include suitable fencing
so as to control access, limited cattle grazing or other procedures to
manage grass height and forage production at levels that benefit the
CRLF, and removal of trash.
g. Define the financial mechanism for the GHAD to manage the open
space into perpetuity.
5. Prior to the start of construction, the project proponent shall retain a qualified
biologist to train construction personnel regarding habitat sensitivity,
identification of special status species, and required practices.
6. Prior to the start of construction within the East Branch Green Valley Creek
riparian area, the project proponent shall retain a qualified biologist to conduct
pre-construction surveys to ensure that western pond turtles are absent from the
construction area. If western pond turtles are present, a qualified biologist
possessing all necessary permits shall be retained to relocate them.
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7. If western pond turtles are found to be absent from the construction zone,
immediately following the pre-construction surveys the project proponent shall
clear the construction zone and install/maintain silt fencing around the
construction zone to prevent western pond turtles from entering these areas.
8. During construction within the East Branch Green Valley Creek riparian area,
the project proponent shall retain a biological monitor to be present onsite during
times of construction to ensure that turtles are not harmed, injured, or killed.
9. To the maximum extent practicable, the project proponent shall remove trees
during the non-breeding season (September 1 through January 31). If it is not
possible to avoid tree removal and associated disturbances during the breeding
season (February 1 through August 31), the project proponent shall retain a
qualified biologist to conduct a pre-construction survey for tree-nesting raptors
and other tree- or ground-nesting migratory birds in all trees or other areas of
potential nesting habitat within the construction footprint and 250 feet of the
footprint, if such disturbance would occur during the breeding season. This
survey shall be conducted no more than 14 days prior to the initiation of
demolition/construction activities during the early part of the breeding season
(February through April) and no more than 30 days prior to the initiation of these
activities during the late part of the breeding season (May through August). If
nesting raptors or migratory birds are detected on the site during the survey, a
suitable construction-free buffer shall be established around all active nests. The
precise dimension of the buffer (a minimum of 150 feet up to a maximum of 250
feet) shall be determined at that time and may vary depending on location and
species. Buffers shall remain in place for the duration of the breeding season or
until it has been confirmed by a qualified biologist that all chicks have fledged and
are independent of their parents. Pre-construction surveys during the non-
breeding season are not necessary, as the birds are expected to abandon their
roosts during construction activities.
10. In order to avoid impacts to active burrowing owl nests, the project proponent
shall retain a qualified biologist to conduct pre-construction surveys for
burrowing owls within the construction footprint and within 250 feet of the
footprint no more than 30 days prior to the onset of ground disturbance. These
surveys shall be conducted in a manner consistent with the CDFG’s burrowing
owl survey methods (CDFG 2012b). If pre-construction surveys determine that
burrowing owls occupy the site during the non-breeding season (September 1
through January 31), then a passive relocation effort (e.g., blocking burrows with
one-way doors and leaving them in place for a minimum of three days) may be
used to ensure that the owls are not harmed or injured during con struction.
Once it has been determined that owls have vacated the site, the burrows can be
collapsed, and ground disturbance can proceed. If burrowing owls are detected
within the construction footprint or immediately adjacent lands (i.e., within 250
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feet of the footprint) during the breeding season (February 1 through August 31),
a construction-free buffer of 250 feet shall be established around all active owl
nests. The buffer area should be enclosed with temporary fencing, and
construction equipment and workers may not enter the enclosed setback areas.
Buffers must remain in place for the duration of the breeding season or until it
has been confirmed by a qualified biologist that all chicks have fledged and are
independent of their parents. After the breeding season, passive relocation of any
remaining owls may take place as described above.
11. Pre-construction surveys conducted for burrowing owls shall also be used to
determine the presence or absence of badgers in the development footprint. If a n
active badger den is identified during pre-construction surveys within or
immediately adjacent to the construction envelope, the project contractor shall
establish a construction-free buffer around the den of up to 300 feet or a distance
specified by the resource agencies (i.e., CDFG). Because badgers are known to use
multiple burrows in a breeding burrow complex, the project contractor shall
retain a biological monitor during construction activities to ensure the buffer is
adequate to avoid direct impacts to individuals or nest abandonment. The
monitor shall be present onsite until it is determined that young are of an
independent age and construction activities would not harm individual badgers.
Once it has been determined that badgers have vacated the site, the burrows can
be collapsed or excavated, and ground disturbance can proceed.
12. The project proponent shall replace wetland and riparian habitat at a 1:1
replacement-to-loss ratio. It is expected that all compensation measures can be
accommodated within the 381 acres of the site proposed as open space. Prior to
issuance of a grading permit, the project proponent shall retain a qualified
biologist to prepare an onsite habitat mitigation and monitoring plan (HMMP)
that includes both an aquatic habitat restoration plan and a riparian habitat
restoration plan. The HMMP would specifically address the wetland and riparian
habitats and is separate from the Open Space Management Plan identified in
Mitigation 4.4-4, although there may be some overlap. The HMMP shall include
the following components, at a minimum:
a. Define the location of all restoration/creation activities;
b. Provide evidence of a suitable water budget to support any created
wetland and riparian habitats;
c. Identify the species, amount, and location of plants to be installed;
d. Identify the time of year for planting and method for supplemental
watering during the establishment period;
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e. Identify the monitoring period, which should be not less than 5 years for
wetland restoration and not less than 10 years for riparian restoration,
defines success criteria that will be required for the wetland restoration to
be deemed a success;
f. Identify adaptive management procedures that include (but are not limited
to) measures to address colonization by invasive species, unexpected lack
of water, excessive foraging of installed wetland plants by native wildlife,
and similar;
g. Define management and maintenance activities (weeding of invasives,
providing for supplemental water, repairing of water delivery systems) of
the proposed GHAD; and
h. Provide for assurance in funding the monitoring and ensuring that the
created wetland and riparian habitats fall within lands to be preserved and
managed into perpetuity. Confirm that the proposed GHAD will meet
these responsibilities.
13. The project proponent shall comply with all state and federal regulations related
to construction work that will impact aquatic habitats occurring on the site.
Prior to construction, the project proponent shall obtain a Section 404 Clean
Water Act permit from the USACE, Section 401 Water Quality Certification
from the RWQCB, and/or Section 1600 Streambed Alteration Agreement from
the CDFG, and submit proof of such documentation to the Town of Danville.
14. Prior to issuance of a grading permit, a tree preservation plan shall be prepared
for all trees to be retained that identifies all protection and mitigation measures to
be taken and includes the tree preservation guidelines by HortScience in their tree
report(s). These measures shall remain in place for the duration of construction
activities at the project site.
15. Upon completion of construction, the project proponent shall replace all
ordinance-size trees to be removed with approved species “of a cumulative
number and diameter necessary to equal the diameter of the tree(s) which are
approved for removal” in accordance with the Town’s tree ordinance. Tree
removal shall 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 shall replace all
non-ordinance-size trees (i.e., trees less than 10 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. To the maximum extent practicable, all
native trees that are removed shall be replaced with like species. All non -native
trees that are removed shall be replaced with species that are known to occur
naturally within similar habitats in the region.
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16. Prior to construction, the project proponent must retain a qualified arborist to
develop a monitoring plan for replacement trees (outside the riparian habitat) and
submit it to the Town of Danville during the permit process. The basic
components of the monitoring plan shall include final success criteria, specific
performance criteria, monitoring methods, data analysis, monitoring schedule,
contingency/remedial measures, and reporting requirements.
17. For tree removal necessitated by the improvements to the Diablo Road/Green
Valley Road intersection, the project shall implement Conditions of Approval 14-
16 above, as applicable.
F. GRADING
* 1. Any grading on adjacent properties will require prior written approval of
those property owners affected.
* 2. At least one week prior to commencement of grading, the applicant shall
post the site and mail to the owners of property within 300 feet of the
exterior boundary of the project site, to the homeowner associations of
nearby residential projects and to the Town of Danville Development
Services Department, a notice that construction work 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.
* 3. Development shall be completed in compliance with a detailed soils
report and the construction grading plans prepared for this project. The
engineering recommendations outlined in the project specific soils report
shall be incorporated into the design of this project. The report shall
include specific recommendations for foundation design of the proposed
buildings and shall be subject to review and approval by the Town’s
Engineering and Planning Divisions.
* 4. Where soils or geologic conditions encountered in grading operations are
different from that anticipated in the soil report, a revised soils report
shall be submitted for review and approval by the City Engineer. It shall
be accompanied by an engineering and geological opinion as to the safety
of the site from settlement and seismic activity.
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5. In order to avoid water quality impacts, a Storm Water Pollution Prevention
Plan (SWPPP) shall be prepared for the site preparation, construction, and post-
construction periods. The SWPPP shall incorporate best management practices
consistent with the requirements of the National Pollution Discharge Elimination
System (NPDES) Municipal Stormwater permit (No. CAS612008). The project
proponent shall obtain a NPDES General Construction Permit and prepare the
SWPPP in accordance with all legal requirements, prior to the issuance of a
grading permit. Additional requirements for erosion control are detailed in
mitigation measure 4.6-1 in 4.6 Geotechnical and Geologic Hazards.
* 6. 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.
* 7. All cut and fill areas shall be appropriately designed to minimize the
effects of ground shaking and settlement.
* 8. Stockpiles of debris, soil, sand or other materials that can be blown by the
wind shall be covered.
* 9. If toxic or contaminated soil is encountered during construction, all
construction activity in that area shall cease until the appropriate action is
determined and implemented. The concentrations, extent of the
contamination and mitigation shall be determined by the Contra Costa
County Health Department. Suitable disposal and/or treatment of any
contaminated soil shall meet all federal, state and local regulations. If
deemed appropriate by the Health Department, the applicant shall make
provisions for immediate containment of the materials.
10. Runoff from any contaminated soil shall not be allowed to enter any
drainage facility, inlet or creek.
11. In order to minimize potential impacts from landslides, final project
design plans shall incorporate the recommendations in the preliminary
geotechnical report, which includes the following corrective measures:
a. Landslide avoidance;
b. Construction of catchment areas between landslides and proposed
improvements;
c. Partial landslide debris removal and buttressing with engineered
fill; and
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d. Complete landslide debris removal and replacement as engineered
fill.
The table below sets forth the required mitigation measures by landslide
area (shown in Figure 4.6-2 of the Draft EIR).
Landslide Mitigation
1 Partial landslide removal and buttressing with
engineered fill
2
Construction of catchment areas between landslides and
proposed improvements
3 Partial landslide removal and buttressing with
engineered fill
4
Construction of catchment areas between landslides and
proposed improvements
5 Complete landslide removal and replacement as
engineered fill
6 Complete landslide removal and replacement as
engineered fill
7 Complete landslide removal and replacement as
engineered fill
8-16 Landslide avoidance
Detailed 40-scale corrective grading plans for the entire project will be
prepared when project grading plans have been finalized. Final plans
showing the identified recommendations shall be submitted to the Town
of Danville for review and approval prior to issuance of a building permit.
12. In order to minimize potential impacts from expansive soils, final project
design shall incorporate the recommendations in the preliminary
geotechnical report (see Appendix E of the Draft EIR) that include special
measures for mitigating adverse impacts from expansive soils, as follows:
a. Conditioning the expansive soils to higher moisture content during
site preparation and grading.
b. Supporting the houses on structural slab foundations designed to
withstand potential movements of expansive soils.
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c. Pre-soaking the near-surface expansive soils prior to concrete
placement for the slab foundations.
d. Conditioning the expansive subgrade soils in exterior concrete
flatwork area to higher moisture content prior to the placement of
base rock or concrete (if the flatwork is supported directly on the
subgrade).
e. Providing surface drainage away from the house foundations and
draining the rainwater collected on the roof through pipes
connecting to the adjacent storm drains.
The final project plans incorporating all the finalized geotechnical
recommendations shall be submitted to the Town of Danville for review
and approval prior to issuance of a building permit.
13. Prior to any grading or other construction activities, the applicant shall
develop a construction mitigation plan in close coordination with the
Town of Danville to minimize noise disturbance. The following conditions
shall be incorporated into the building contractor specifications:
a. Muffle and maintain all equipment used on site. All internal
combustion engine driven equipment shall be fitted with mufflers,
which are in good condition. Good mufflers shall result in non-
impact tools generating a maximum noise level of 80 dB when
measured at a distance of 50 feet.
b. Utilize “quiet” models of air compressors and other stationary
noise sources where technology exists.
c. Locate stationary noise-generating equipment as far as possible
from sensitive receptors when sensitive receptors adjoin or are near
a construction project area.
d. Prohibit unnecessary idling of internal combustion engines.
e. Prohibit audible construction workers’ radios on adjoining
properties.
f. Restrict noise-generating activities at the construction site or in
areas adjacent to the construction site to the hours between 8:00
a.m. and 5:00 p.m., Monday through Friday.
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g. Do not allow machinery to be cleaned or serviced past 6:00 p.m. or
prior to 7:00 a.m. Monday through Friday.
h. Limit the allowable hours for the delivery of materials or
equipment to the site and truck traffic coming to and from the site
for any purpose to Monday through Friday between 7:00 a.m. and
6:00 p.m.
The allowable hours for delivery of materials and equipment to the
site and truck traffic coming to and from the site for any purpose
shall be further limited to avoid the area’s peak morning and
afternoon weekday school commute hours of 7:00 a.m. to 9:00 a.m.
and 2:00 p.m. to 4:00 p.m.
i. Do not allow any outdoor construction or construction-related
activities at the project site on weekends and holidays. Indoor
construction activities may be allowed based on review/approval
of the Town.
j. Allowable construction hours shall be posted clearly on a sign at
each construction site.
k. Designate a Disturbance Coordinator for each of the clustered
development sites for the duration of the Phase 1 (site work) and
for each home site during the Phase 2 (home building) construction.
Because each home would be constructed individually and would
have its own building permit, a Disturbance Coordinator should be
designated during the construction of each home. The requirement
for a Disturbance Coordinator for each home site should be
incorporated in the CCRs of the development, such that
responsibility of the Property Owners’ Association and/or home
builder to designate this Disturbance Coordinator for each lot for
the duration of construction until full site buildout. The
Disturbance Coordinator shall conduct the following: receive and
act on complaints about construction disturbances during
infrastructure installation, landslide repair, road building,
residential construction, and other construction activities;
determine the cause(s) and implement remedial measures as
necessary to alleviate significant problems; clearly post his/her
name and phone number(s) on a sign at each clustered
development and home building site; and, notify area residents of
construction activities, schedules, and impacts.
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14. Concurrent with the submittal of the final grading plans, the applicant
shall submit a plan detailing all retaining walls greater than three feet in
height in the project. Details shall include wall height, design,
construction materials, and method of provision for drainage behind the
walls. The plans shall also depict which retaining walls will be
maintained by the homeowners association. Final wall design shall be
subject to approval by the Planning Division prior to issuance of grading
permits.
G. STREETS
* 1. The applicant shall obtain an encroachment permit from the Engineering
Division or the Contra Costa County Public Works Department prior to
commencing any construction activities within any public right -of-way or
easement.
* 2. Street signing shall be installed by the applicant as may be required by the
City Engineer. Traffic signs and parking restriction signs, which may be
required to be installed, shall be subject to review and approval by the
Transportation Division and the Police Department.
* 3. All mud or dirt carried off the construction site onto adjacent streets shall
be swept each day. Water flushing of site debris or sediment or concrete
washing is expressly prohibited.
* 4. Any damage to street improvements now existing or done duri ng
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.
* 5. All improvements within the public right-of-way, including curb, gutter,
sidewalks, driveways, paving and utilities, shall be constructed in
accordance with approved standards and/or plans and shall comply with
the standard plans and specifications of the Development Services
Department and Chapters XII and XXXI of the Town Code. At the time
project improvement plans are submitted, the applicant shall supply to
the City Engineer an up-to-date title report for the subject property.
* 6. Handicapped ramps shall be provided and located as required by the City
Engineer.
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* 7. Public streets shall be improved to the standards in #G.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 #A.1. above and shall conform to Standard Plan
104 a and b.
* 8. The Project shall be required to stripe curbs and install any necessary
parking or circulation signage, as determined by the Transportation
Division.
* 9. Prior to the approval of the Improvement Plans, Danville Transportation
Division shall review and approve the location, type and design of the
speed control device, as well as the locations and number of signage and
striping.
10. If approved by Contra Costa County, install a traffic signal at the intersection of
Diablo Road/Blackhawk Road and Mt. Diablo Scenic Boulevard at the applicant’s
expense. The traffic signal shall be installed prior to occupancy of the 35th
residence in the project, or within one year of the County’s final approval
of the intersection improvement plan, whichever comes last.
11. The project proponent shall modify the roadway striping along McCauley
Road between the intersection and approximately 350 feet south of Diablo
Road/Green Valley Road. The modified roadway striping shall
substantially conform to the following: a) reconfigure the existing 17 -foot
southbound through lane to a 10-foot shoulder and a 12-foot through lane;
b) replace the existing 3-foot double-double yellow centerlines with a
single double yellow center-line; c) maintain the existing 10-foot
northbound left turn lane while shifting it two feet toward the easterly
curb line; d) reduce the existing 16-foot northbound through/right turn
lane to 13 feet; and e) transition existing downstream (to the south)
centerline/left turn lane on McCauley Road accordingly to accommodate
the new configuration, as illustrated at page 4.3-44 of the Draft REIR. This
improvement shall be completed prior to issuance of building permits for
any of the three residences just east of McCauley Road.
12. The project proponent shall install a new pedestrian crossing and
supplemental pedestrian-actuated warning system at the project main
entrance on Blackhawk Road. The crossing shall physically connect the
project’s pedestrian traffic to the existing paved pathway located along
the north side of Blackhawk Road. The project proponent will be
required to submit improvement plans to Contra Costa County for
review and approval. If Contra Costa County elects not to maintain the
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selected pedestrian safety improvement, then said maintenance shall be
provided by the project Homeowner’s Association.
13. The applicant shall apply for a Large Road Encroachment Permit from
Contra Costa County Public Works for the construction of the intersection
of Appaloosa Street with Blackhawk Road. The applicant shall contact the
Engineering Services Division of the County Public Works Department
(925-313-2000) to process a Road Acceptance Agreement along with the
review of plans associated with the encroachment permit. The application
shall include the applicant’s proposal to close off Jillian Way to create a
single point of ingress/egress to Blackhawk Road.
14. No construction work requiring closure or detour from any portion of
Diablo Road or Blackhawk Road shall be performed during the morning
or evening commute hours, or on weekends or holidays. Commute hours
shall be assumed to be between the hours of 6:00 a.m. and 10:00 a.m. a nd
between 3:00 p.m. and 7:00 p.m.
15. According to the Final Map for Subdivision 7985 (recorded on June 3, 1999
in Book 392 of Map at Pages 47-48), temporary right-of-way was granted
to the Town across a portion of Lot 6 in order to provide the residents of
Jillian Way access to Blackhawk Road. A note on the map indicates that
the Town will abandon this right-of-way and give fee title back to Lot 6
when alternative access is provided through the adjoining property to the
east. Since the applicant’s development project seeks to grant alternative
access to the Jillian Way residents and seeks to close-off the access through
Lot 6 to Blackhawk Road, the applicant shall provide the Town with a
legal description and plat map to effectuate the abandonment.
16. The applicant shall establish a fund (with a preset amount of $30,000) that
shall be used to subsidize TRAFFIX use or other transportation programs.
17. The applicant shall make an offer of dedication to the Town of
approximately 50 feet of frontage along the project site’s Diablo Road
frontage from the Diablo Road/McCauley Road intersection easterly to
the intersection of the project’s Emergency Vehicle Access/pedestrian
trails and Diablo Road (approximately 7,200 linear feet). The exact width
of the dedication shall be subject to review and approval by the City
Engineer prior to recordation of the Final Map.
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18. The project shall be required to install two solar powered radar signs
along the project site’s Diablo Road frontage. The exact location sha ll be
determined by the Town prior to recordation of the final map.
19. The improvements for the Diablo Road/Green Valley Road/McCauley
Road intersection, as shown on the approved project plans, shall be
completed prior to occupancy of the 18th residence in the development.
H. INFRASTRUCTURE
* 1. Domestic water supply shall be from an existing public water system.
Water supply service shall be from the East Bay Municipal Utility District
water system in accordance with the requirements of 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.
* 3. 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.
4. In order to reduce wind and water erosion on the project site, an erosi on control
plan and Storm Water Pollution Prevention Plan (SWPPP) shall be prepared for
the site preparation, construction, and post-construction periods (see mitigation
measure 4.8-1.).
The project shall prepare an erosion control plan in accordance with the Town’s
Erosion Control Ordinance. The project proponent shall implement the following
measures, where appropriate, to control erosion: 1) keep construction machinery
off of established vegetation as much as possible, especially the vegetation on the
upwind side of the construction site; 2) establish specific access routes at the
planning phase of the project, and limits of grading prior to development, which
should be strictly observed; 3) utilize mechanical measures (i.e., walls from sand
bags and/or wooden slat or fabric fences) to reduce sand movement; 4) immediate
re-vegetation (plus the use of temporary stabilizing sprays), to keep sand
movement to a minimum; and 5) for larger-scale construction, fabric or wooden
slat fences should be placed around the construction location to reduce sand
movement. This erosion control plan shall be submitted to the Town of Danville
for review and approval prior to issuance of a grading permit.
* 5. Roof drainage from structures shall be collected via a close d pipe and
conveyed to an approved storm drainage facility in the street curb. No
concentrated drainage shall be permitted to surface flow across sidewalks.
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* 6. Any portion of the drainage system that conveys runoff from public
streets shall be installed within a dedicated drainage easement or public
street.
* 7. If a storm drain must cross a lot, or be in an easement between lots, the
easement shall be equal to or at least double the depth of the storm drain.
* 8. The applicant shall furnish proof to the City Engineer of the acquisition of
all necessary rights of entry, permits and/or easements for the
construction of off-site temporary or permanent road and drainage
improvements.
* 9. All new utilities required to serve the development shall be installed
underground in accordance with the Town policies and existing
ordinances. All utilities shall be located and provided within public utility
easements, sited to meet utility company standards or in public streets.
* 10. All utility distribution facilities, including but not limited to electric,
communication and cable television lines, within a residential 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.
* 11. All street, drainage or grading improvement plans shall be prepared by a
licensed civil engineer.
12. Prior to the recordation of the final map for each phase of development, the
applicant shall submit detailed design-level infrastructure drawings approved by
the East Bay Municipal Utility District to the Town of Danville for review and
approval. All new water supply infrastructure shall be designed in accordance
with all applicable East Bay Municipal Utility District specifications. All water
supply infrastructure plans shall be reviewed and approved prior to final map
recordation.
13. The East Bay Municipal Utility District maintains a right-of-way (R/W 1581)
through the project site, which provides access to the Green Valley Reservoir. In
order to avoid potential effects to East Bay Municipal Utility District’s existing
operations, the final map shall clearly delineate all known easements, including
East Bay Municipal Utility District’s right-of-way (R/W 1581). Any and all
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activities proposed within the right-of-way shall be coordinated with East Bay
Municipal Utility District. This easement shall be reflected in all final des ign-
level improvement plans and appropriate notes shall also be included, subject to
the review and approval of the East Bay Municipal Utility District and the Town
of Danville.
14. The final map for the applicant shall abandon all abutters rights to the
project site along Diablo Road and Blackhawk Road except for the
approved main entry drive and the Emergency Vehicle Access road.
I. MISCELLANEOUS
* 1. The project shall be constructed as approved. Minor modifications in the
design, but not the use, may be approved by staff. Any other change will
require Planning Commission approval through the revised final
Development Plan review process.
* 2. Conditions of this approval may require the applicant to install public
improvements on land over which neither the applicant, nor the Town,
has easement rights to allow for the installation of the improvements. The
applicant shall be responsible for acquisition of said easement rights
through private negotiations. If the applicant is unsuccessful in
negotiations, the applicant shall apply to the Town for use of eminent
domain powers in accordance with Town Resolution No. 78-85. All
easement rights shall be secured prior to Town Council final approval of
any subdivision map. All costs associated with such acquisition shall be
borne by the applicant.
* 3. Pursuant to Government Code section 66474.9, the applicant (including
the applicant or any agent thereof) shall defend, indemnify and hold
harmless the Town of Danville and its agents, officers and employees
from any claim, action or proceeding against the Town or its agents,
officers or employees to attack, set aside, void, or annul, the Town's
approval concerning this application, 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.
4. The project homeowners' association, through project -specific covenants,
conditions and restrictions (CC&Rs), shall be r esponsible for maintenance
of all common landscape areas and common fencing. Draft project CC&Rs
shall be submitted to the Town of Danville for review and approval a
minimum of 45 days prior to recordation of the final map. The CC&Rs
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shall also include language notifying homeowners of the public trails
through the project, the public parking area/trailhead, and that the public
may park on the neighborhood streets to access area trails.
5. A Geologic Hazard Abatement District (GHAD) shall be established or
annexed into. The GHAD shall consider implementing measures to
prevent, mitigate, abate, or control geologic hazards and also mitigate or
abate structural hazards that are caused by geologic hazards. Said GHAD
shall be established or the property annexed into a GHAD according to
Public Resources Code §26500 et seq. The GHAD should consider owning
or maintaining the approximately 381 acres of permanent open space. The
GHAD should consider assuming responsibility for maintenance and
upkeep of the detention basin, other stormwater pollution control and
hydromodification facilities constructed as part of the project, and the
future public trail to be constructed by the Town between the western
EVA terminus and the western terminus of the trail near the Diablo
Road/Alameda Diablo intersection. The GHAD should consider
establishing a comprehensive plan to maintain the restored creek and
bridge and provide corrective measures as needed. If any duties listed
above are unable to be included as part of the GHAD’s responsibilities,
they shall be included as the responsibility of the project’s Homeowner’s
Association (HOA). A quarterly report regarding GHAD funding and
activities shall be prepared for the first five years after the GHAD assumes
responsibilities under the Plan of Control and submitted for review by the
Town and made available for review by other watershed stakeholders.
6. The project is in the San Ramon Creek watershed. The project shall
mitigate the impact of additional stromwater runoff draining t o San
Ramon Creek by either of the following methods:
• Remove 1 cubic yard of channel excavation material from the
inadequate portion of San Ramon Creek for each 50 square feet of new
impervious surface area created by the development. All excavated
material shall be disposed of off-site by the developer at his own cost.
The site selection, land rights, and construction staking will be
performed by the Contra Costa County Flood Control District (“FC
District”).
OR, upon written request by the developer:
• Provide for a cash payment in lieu of actual excavation and removal of
material from the inadequate portion of San Ramon Creek. The cash
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payment will be calculated at a rate of $0.10 per square foot of new
impervious surface area created by the development. The added
impervious surface area created by the development will be based on
the FC District’s standard impervious surface area ordinance. The FC
District will use these funds to work on San Ramon Creek annually.
7. The project site is also upstream of known inadequate reaches of Green
Valley Creek. As a result, this project shall be subject to the Green Valley
Creek Mitigation fee of $0.10 per square foot of newly created impervious
surface area. This fee is based on the Contra Costa County Flood Contro l
District’s Report on Impervious Surface Ordinance. The Town shall collect
this fee for transfer to the County’s Drainage Deficiency Fund.
8. As required by Division 1010 (Drainage) of the County Title 10 Ordinance,
the applicant shall obtain a drainage permit (1010 permit) from the Flood
Control District prior to conducting any work (including but not limited
to new storm drain outfalls, bridges, and road widening) in natural or
man-made watercourses located in unincorporated Contra Costa County.
9. The applicant shall construct the detention basin and drainage facilities in
accordance with the Regional Hydrologic Analysis prepared by Engeo
Incorporated and dated June 8, 2011, and revised on April 17, 2012. Prior
to allowing any changes to these drainage facilities as modeled, the
developer shall submit a revised Hydrologic Analysis for Contra Costa
County Flood Control District review and the Town’s approval.
10. The applicant shall submit a final stormwater control plan for review and
approval by the Town and the Contra Costa County Flood Control
District prior to recordation of the final map.
* 11. Use of a private gated entrance is expressly prohibited.
* 12. As a part of the issuance of a demolition permit and/or building permit
for the project, the developer shall submit a recycling plan for building
and construction materials and the disposal of green waste generated
from land clearing on the site. Prior to obtaining framing inspection
approval for the project, the applicant/owner shall provide the Planning
Division with written documentation (e.g. receipts or records) indicating
that waste materials created from the demolition of existing buildings and
the construction of new buildings were/are being recycled according to
their recycling plan or in an equivalent manner.
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* 13. 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 Stormwater
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 Stormwater C.3 Guidebook.
14. The project shall conform to the Town’s Inclusionary Housing for
Affordable Residential Housing Ordinance. The developer shall provide
at least seven below market rate for-rent second units, as defined by the
Ordinance. If rented, these second units shall be rented at an affordable
rate, as set by the California Department of Housing and Community
Development, to be affordable to low income households. The
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PAGE 42 OF RESOLUTION NO. 46-2019
development and tenant occupancy of below market rate units shall be
subject to an affordable housing agreement, which shall be subject to
review and approval by the Town Council prior to recordation of the final
map for the project. In addition, a deed restriction shall be recorded with
the Contra Costa County Recorder in accordance with the Town’s Second
Dwelling Unit Ordinance precluding concurrent use of the second units
and the respective primary residence as rental units. This condition does
not preclude future property owners in this subdivision from building
additional second dwelling units in compliance with the Town’s Second
Dwelling Unit Ordinance and State Law.
15. The project shall include the following sustainable design features:
• Rooftop solar installations
• GreenPoint rated design
• Tankless hot water heaters
• High efficiency irrigation systems
• Low emitting insulation at walls and ceilings
• Insulation on all hot water pipes
• Energy Star appliances
• Low VOC paints, caulking and construction adhesives
• Energy Star bath fans
• Low flow toilets
• HVAC filters
• High efficiency air conditioners with environmentally responsible
refrigerants
• Electric vehicle chargers
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PAGE 43 OF RESOLUTION NO. 46-2019
APPROVED by the Danville Town Council at a regular meeting on July 2, 2019, by the
following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
_____________________________
MAYOR
APPROVED AS TO FORM: ATTEST:
_______________________________ ______________________________
CITY ATTORNEY CITY CLERK
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Arnerich, Blackwell, Morgan, Stepper, Storer
None
None
None
MAGEE PRESERVE
CEQAFINDINGS
AND
STATEMENT OF
OVERRIDING CONSIDERATIONS
1.44459224.1
EXHIBIT 1
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TABLE OF CONTENTS
SECTION I. STATEMENT OF FINDINGS
1.0 Introduction ..I-1
2.0 Puqpose and Backgtound
01 2267.0006\3082006. 1
..I-3
II-1
...I-9
r-28
r-28
r-32
4.0
5.0
6.0
7:0
8.0
Findings Regarding Potentiaþ Significant Impacts and Mitigatioo
Findings Related to Cumulative Impacts and Mitigation Measutes
Findings Regarding Monitoring of Mitigation Measures
Grcwih-Inducing Impacts
SECTION II. STATEMENT OF OVERRIDING CONSIDERATIONS
1.0 Statement of Overriding Considetations
il
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SECTION I
STATEMENT OF FINDINGS
1.0 INTRODUCTION
Section 1.1 provides a description of the required CEQ,\ findings for a ptoject. Section 1.2 provides a description of the
public review process that has led decision makers to their conclusions regarding the Magee Preserve Project (?roject).
Section 2.0 presents the purpose and background of the ?roject, including a ptoiect description, to provide the context
upon which these Findings ate based. Section 3.0 presents the substantiation for certiÊcation of the EIR. The Findings
in Section 4.0 relate to those impacts that have been determined to be less than significant. Section 5.0 contains Find-
ings for impacts have been identified as potentiâlly significant impacts. Section 6.0 contains the Findrngs for cumulative
impacts and Section 7.0 contains Findings regarding monitoring of mitigation meâsutes. Section 8.0 contains Findings
tegarding the altematives to the Project. Secdon 9.0 contains Findings for gtowth-inducing impacts. The Statement of
Overriding Considerations in contained in Section II.
1.1 Califomia Envitonmental Quality Act
The California Environmental Quality Act ("CEQA") (Public Resources Code $21000-21177) and the State CEQÀ
Guidelines (Cal. Code of Regulations, Title 14, 515000-15387) require that specific findings be made if a lead agency
decides to approve a project which v¡ill have significant impacts. $21081 of the California Public Resources Code states:
[N]o public agency shall approve ot ca:rry out a project for which ar.r Environmental Impact Report. has been cer-
tified which identifies oûe or more signiÊcant effects on the environment that would occur if the project is ap-
proved or carried out unless both of the following occur:
(r) The public âgency makes one, oi more, of the following findings with respect to each significant effect:
(1) Changes or altetations have been required in, or incorporated into, the project which mitigate or
avoid the significant effects on the enviroûmett.
Ø Those changes or alterations are within the responsibility and jurisdiction of another public agency
and have been, or can and should be, adopted by that other agency.
(3) Specific economic, legal, social, technological, or other considerations. Including considerations fot
the provision of employment opportunities for highly trained wotkers, make infeasible the mitiga-
tion measures or alternatives identified in the environmental irnpact report.
þ) \With respect to significant effects which were subject to a finding under paragraph (3) of subdivision (a),
the public agency finds that specific overiding economic, legal, social, technological, or other benefits of
the proiect outweigh the sigrrificant effects on the environment.
The Revised Environmental Impact Report ("REIR") for the Project (State Clearinghouse No. 2010712042) identifies
sigrrificant or potentiâlly significant environmental impacts which, prior to mitigation, may occur as a result of imple-
mentation of the Project. Trus, in accotdance with the provisions of CEQA, the Town of Danville, as the "lead agency"
hereby adopts these Findings.
L.2 Envitonmental Rcview Ptocess
In conformance with CEQ,A., the Town of Danville conducted an environmental review process on the Project. The
environmental review process included the following:
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I Relationship to 2013 EIR:
In June 2013, the Town certified an Environmental Impact Report for and approved SummerHill Flomes' applica-
tions fot a 69-lot residential project on the Project site. Sos-Danville Group then filed suit to challenge the project
approvals, alleging that the Environmental Impact Report for the project inadequatel¡' addressed impacts to traffic,
bicycle safety, pedestrian safety, Califomia redlegged frog,. emergency access, safe evacuation, flooding, erosion,
and siltation. The lawsuit further alleged that the 2013 EiR filed to adequately respond to public comments, failed
to consider project alternatives that would have eliminated traffrc impacts, and should have been recirculated fo¡
public comment. Finally, the lawsuit alleged that the project was inconsisrent with the Town's General Plan and
with other land use restrictions and that a public vote under the Town's Measure S was required before the proiect
could be approved.
The only claim that prevailed in the litigation was that the EIR did not adequately address impacts to bicycle safety.
Äs to bicycle safety, the Court of Appeal required further CEQA analysis before the Town could make a decision
whether to re-approve the project. As required by the final judgment in the litigation, the Town rescinded its ap-
provals of the 2073 project pending further CEQA review on this issue.
In Febrrrary 2017,Davrdon Flomes became the project âpplicânt. Davidon llomes revised the Project ptoposal to
reduce developed area arrð. correspondingly increase protected open spâce by approximately nine âcres; to replace,
rather than remove, the existing corral on the site; to include an electric vehicle charging staúon on each residential
lot; and to include as Project elements certain requirements that had been imposed as mitigation measures 1fi 2073.
In August 2077 , the Town issued a Notice of Preparation of a Revised Draft Environmental Impact Report and an
Initial Study/CEQA Environmental Checklist ("NOP/Checklist") that compared the impacts of the Project to the
impacts of the project as analyzed in the 2013 EIR. The NOP/Checklist stated the Town's determination that the
Revised Draft EIR would address not only bicycle safety, but also update the 2073 EIR's analyses of other aspects
of transportation and circulation, as well as air quality, greenhouse gas emissions, noise, and energy. ,\s to all other
environmental topics, the NOP/Checklist explained that the analysis in the 2013 EIR remained applicable to the
Project.
.) Scoping Ptocess:
The Town of Danville prepared the NOP for the Project in accordance with $15082 of the CEQ-A. Guidelines. The
NOP was distributed for public review on August 29,2017. Environmental issues raised by commeflts received in
response to the NOP during its 30-day public review period (Ä.ugust 31 - Octob er 2,2018) *"." .orr.ìd"red for in-
clusion i¡ the Dtaft REIR. Public and agency comments received on the NOP were reviewed and addressed in the
Draft REIR.
r) Preparation of a Dtaft REIR by the Town of Danville:
The Draft REIR was distributed to Responsible Agencies, other affected agencies, and intetested parties. The No-
tice of Completion (1.{OC) of the Draft EIR was distributed as required by CEQ-A, including publication of notice
n the San Ranon Valle1 Times on Âugust _ 2018. The 45-day public review period began on -August 3I,2018 and
ended on October 15,2018. During the public review period, the Draft REIR, including appendices, was made
available and circulated fot public review.
t Public Hearing on the Dtaft REIR:
A public hearing was held by the Town of Danville Planning Commission on September 25,2018 to receive public
commeflt on the Draft R-EIR. The Town responded to all envitonmental questions submitted verbally or in writing
in the Final REIR.
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,a
o Pteparation of the Final REIR:
Pursuant to Public Resources Code $21092.5, the Town prepared the Final REIR in response to comments on the
Draft REIR. The Final REIR contains the following: refinêments and clarifications to the Draft REIR; written
comments received on the Draft REIR; responses to those comments; and testimony presented to the Planning
Commission and responses thereto. The Final REIR was issued on May 16,2079.
2.0 PURPOSEANDBACKGROUND
2.1 Desctiption of the Ptoject
The Project evaluated in the Draft REIR consists of development of a 470 acte property currently referred to as Magee
Ranches (Àdagee !7est and Magee East) in the Town of Danville. Magee lWest extends east of McCauley road just south
of the intersection of Diablo/McCauley Road and South of Diablo/Blackhawk Road east of the Diablo McCauley intet-
section. Magee East lies south of Diablo/Blackhawk Road, toughly between Jillian '$Øay and Creekledge Court.
The Project evaluated in the Draft REIR proposes 69 single family lots, with three lots on Magee West and 63 lots on
Magee East. The Project proposes to locate the lots, along with road rights-of-way and privately-operated open space,
on approximately 29 acres of the flatter portions of the site, avoiding the steepet slopes and ridges. The temaining *
381 acres of the site would be.preserved as new permâflent open space. A minimum of L}o/o of the homes would in-
clude second dwelling units in accordance with the Town's Inclusionary Housing Ordinance. The Proiect would provide
a publicly accessible trail along Green Valley Creek and would dedicate land to the Town for the Town's potential trail
along the south side of Diablo Road.
The overall objectives of the Project are to:
r) Develop a residential proiect that is consistent with the Town of Danville Agricultural, General Open Space, Rural
Residential, and Single Family-Low Density General Plan Land use desþations for tlre site as well as the General
Plan's Magee Ranch Special Concern Area langu.age
O Provide 69 residential lots, including 66 home sites at the east ånd of the site south of Blackhawk Road and 3 homes
home sites near the southeast corner of the Diablo Road/McCauley road intersection,
O Desþ the project to cluster development on the lower portions of the site to minimize visual impacts and limit dis-
turbance on the property,
t Provide for a minimum of 10o/o of the 69 lots to include a second dwelling unit ("casita") to satisfi the Town's af-
fordable housing requirements,
O Preserve approximately 381 acres of the project site as permanent open space, and
o Preserve significant features of scenic hillsides and majot ddgeline areas.
The obiectives have been updated from those stated in ¡he 2013 Final EIR to reflect the Ptoject's increase in permanent
open space kom372 to 381 acres.
2.2 Purpose of the REIR
Pursuant to CEQA, ?ublic Resources Code sections 21000 et seq., ând the CEQA Guidelines, California Code of Regu-
lations, Title 14, 515000 et seq., the Town agency prepared the REIR to analyze the Project's potential environmental
effects. The Draft REIR was circulated for public review for a 45-day period beginning.A,ugust 37,2018 and ending on
October 75,2018. Responses to comments were ptepâred and are contained in the Final REIR. The REIR includes
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Âppendix -4, the NOP/Checklist, which examined the Project for potential changes in impacts since the 2013 EIR and
determined that additional analyses would be prepared not only as to bicycle safety, but also as to Air Quali-
ty/Greenhouse Gas, Noise, Transportation and Circulation issires othet than bicycle safety, and Energy.
2.3 Desctiption of the Record
Fot purposes of CEQA and these Findings, the record before the Town includes, without limitation, the following:
1) The NOP/Checklist for the REIR;
2) The Dtaft REIR and all appendices to the Draft REIR;
3) The Final REIR and all appendices to the Final REIR;
4) All notices, staff repotts, and presentation materials related to the Projecg
5) All studies and reports conducted for the Project which are contained in, or referenced by, staff reports, the
Draft R-EIR, or the Final REIR;
6) All public reports and documents related to the Ptoiect ptepared fot the Town and other agencies;
7) All documentary and oral evidence received and reviewed at public hearings and workshops and âll trafl-
scripts and minutés of those hearings related to thê Project, the Draft REIR, and the Final REIR;
8) For documentary'and informational purposes, all locally-adopted land-use plans and ordinances, including,
u¡ithout lirnitation, specific plans and ordinances, mâstet plans togethet with environmental review docu-
ments, findings, mitigation monitoring progïams and other documentation relevant to plaqned growth in the
ate ;
9) Any proposed decisions or findings or statemeflts submitted to the decision makers by staff or othèts;
10) Documentation of the final decisions, including the REIR, as well as all documents relied on in the Town's
CEQA Findings and statement of overriding considetations;
n) The Reco¡d of Proceedings for the 2013 EIR; and
12) Any additional items not included above, if they ate required by law.
2.4 DisctetionaryActions
The discretionary action for the Project involves the following approval by the Danville Town Council:
1)
2)
Certification of the REIR for the Ptoject
Approval of:
¡ Preliminary Development Plan and Final Development Pl¿n to tezoÍ7e apprcximately 410 acres from
A-4, A-2 and P-1, to a new P-1 (LEG 10-0004, DEV 10-0071, DEV 10-0072) ('rezoning');
. Vesting Tentative Map to create 69 single family lots (SD 9291) ('VTM"); and
¡ Tree Removal Permit (IR-10-0028) ('Tree Permit").
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These Findings are made by the Planning Commission pursuânt to $15091 of the CEQ,\ Guidelines. The Planning
Commission is also recommending the adoption of a Statement of Overiding Considerations pursuant to $15093 of the
CEQA Guidelines.
3.0 GENERAL FINDINGS
3.1 Terminology of Findings
CEQÀ Guidelines 515091 requires that, for each significant environmental effect identified in an EIR for a proposed
project, the approving âgency must issue a written fittditrg reaching one or more of three allowable conclusions. The
first is that "[c]hanges ot alterations have.been required in, or incorporated into, the project which avoid or substantially
lessen the significant environmental effect as identified in the [Final] EIR." The second potentiâl finding is that "[s]uch
changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making
the finding. Such changes have been adopted by such other agency ot can and should be adopted by such other agen-
cy." The third petmissible conclusion is that "[s]pecific economic, social, or other considetations make infeasible the
mitigation measures or project alternatives identified in the final EIR."
For purposes of these Findings, the tern "mitigation measures" shall constitute the "changes or alterations" discussed
above. The term "avoid or substantially lessen" will refer to the effectiveness of one or more of the mitigation measures
or altetnatives to reduce an otherwise signiûcant environmental effect to a less-than-significant level.
In the process of adopting any mitigation, the Town wpuld also m¿ke decisions on whether each mitigation measure
proposed in the Dnft REIR is feasible or infeasible. Pursuant to the CEQA Guidelines, "fe¿sible means capable of
being accomplished in a successful manner within a reasonable period of time, taking into account economic, environ-
mental, legal, social, and technological factors." (CEQÄ Guidelines, 515364.) When the Town finds a measure is not
feasible, evidence for its decision will be provided.
3.2 Cettification of Envitonmental Impact Report and Adoption of Findings
On May 28,2019, the Planning Commission of the Town of Danville recommended certification of the EIR to tlle
Town Council and approval of the Project (R.esolution No. ). Based upon the substantial evidence in the record,
the Planning Commission finds and declares as stated herein.
3.3 The Town of Danville is the "lead agency" fot the Project evaluated in the REIR. The Planning Commission
finds that the REIR has been prepared in compliance with CEQA Statute and the State CEQA Guidelines.
3-4 The REIR evaluates all potentially significant impacts that can tesult from the Project. The REIR considered the
significant and unavoidable environmental effects, if any, as well as cumulative impacts in each of these environ-
mental topic ateas in Chapter 4 and -Àppendlr -A of the Draft REIR. Additionally, the Draft REIR considered
the following issues in Chapters 5 and 6: growth inducement, cumulative impacts, significant unavoidable im-
pacts, irreversible environmental changes and alternatives. The cumulative impacts of the Project and other past,
preseût, and reasonably foreseeable future projects v/ere considered in the REIR as required by CEQA (Public
Resources Code $21083) and the State CEQ,\ Guidelines (Cal. Code of Regulations,Title 14, $15130). The cu-
mulative anâlysis at the end of each section in Chapter 4 of the Draft REIR includes an analysis of future envi-
ronmental conditions in the Town of Danville and surrounding âreas to the extent required in order to determine
the significance of the Project's inctemental contribution to cumulative impacts.
3.5 The Planning Commission finds that the EIR provides objective information to assist the Town's decision-
makers and the public-atJarge in their consideration of the environmental consequences of the Project. The pub-
Iic review period provided all interested jurisdictions, agencies, private organizations, and individuals the oppor-
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tunity to submit comments tegarding the Draft EIR. The Final EIR was prepared after the public review period
and responds to comments made during the public review period (August 31, 2018 through October 15, 2018), as
well as those rriade at, or prior to the noticed public meetings and/or public hearings on the issues televant to the
REIR.
3.6 The Planning Commission finds that the Town evaluated comments on environmental issues received from per-
sons who reviewed the Draft REIR. In accordance with CEQ,{, the Town prepared written responses describing
the disposition of significant environmental issues raised. The Finat REIR provides adequate, good faith, and rea-
soned responses to the comñents received by the Town. The Town has reviewed the comments teceived and re-
spoflses the¡eto and has determined that neithet the comments received nor the responses to such comments add
significant new information regarding environmental impacts to the Draft REIR, consistent with Public Re-
sources Code $21092.1 and CEQA Guidelines $15088.5. Specifrca\, changes resulting from comments made on
the Draft REIR do not result in the following:
1. A significant new environmental impact that would result from the Project ot reconìmeflded mitigation
measufe;
2. Â substantial increase in the severity of an environmental impact that is not teduced to a level of less
than significant by adopted mitigation measrues;
3. A feasible Project altemative or mitigation meâsure not adopted that is considetably different frqm oth.
erc analyzed in the Draft REIR tlat would clearþ lessen the sþificant environmental impacts of the
Project; or
4. Info¡-ation that indicates that the public was deprived of a meaningful oppo*unity to review and
commert on the Draft REIR.
The Planning Comrnission has based their recommendation on full appraisal of all viewpoints, including all
comments received up to the date of adoption of these Findings, concerning the environmental impacts identi-
fied and aralyzedin the REIR.
3.6 These Findings are based upon substantial evidence in the entire record before the Town as described in Sec-
tton 2.4.
3.7 The references to the Draft REIR and Final R-EIR set forth in these findings are for ease of reference and are not
intended to provide an exhaustive list of the evidence relied upon for these findings.
3.8 These Findings reflect the Planning Commission's recommendations regarding the significance of impacts of the
Project.
3.9 The Planning Commission certifies that it has independentþ reviewed and considered the information in the
REIR.
3.10 CEQA defines the term "project" as the whole of an action or "activity which is being approved and which may
be subject to several discretionary approvals by governmental agencies." -Accordingly, the Planning Commission
is recommending certification of the REIR and approval of these Findings for the entirety of the actions de-
scribed in these Findings and in the REIR as comprising the Project.
It is contemplated that there may be a variety of discretionary actions undertaken by other federal, state and local
agencies (who might be referred to as "responsible agencies" under CEQA), concerning the Project, including
without limitation:
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I California Department of Fish and Wildlife (CDFG)
) CaLfornta Regional lVater Quality Control Board @ì7QCB)
o San Francisco Bay Regional l7ater Quality Control Board (SFBRWQCB)
a U.S.,\rmy Coqps of Engineers (,\COE)
a U.S. Fish and l7ildlife Sewice (JSFWS)
Other agencies, organizations, and/or special interest groups not formally identified as a responsible agency, but
otherwise anticipated to be participants in the local review process for the Project include:
t East Bay Municipal Utilities District (EBMUD)
a Contrâ Costa County Flood Control and lù7ater Conservation District (CCCF!øCD)
o Contra Costa Local Agency Formation Commission (i-AFCo)
r) East Bay Regronal Patks District @BRPD)
I Contra Costa County
Because the Town of Danville is the lead ^geflcy for the Project, the EIR which the Town has prepared is intend-
ed to be the basis fot compliance with CEQA fo¡ each of the possible discretionary actions by other agencies to
caffy out the Project.
3.IL In several comments oû the Drâft REIR, various measures u/ere suggested by commenters âs proposed additional
mitigation meâsures. Most of the proposed mitigation meâsures were for impacts that were less than significant.
Based on the explanation and anaþsis in the REIR, these requests for additional mitigation measures ate declined.
3.72 Having received, reviewed, and considered the above described information, as well as all other information and
documents in the record, the Planning Commission heteby finds as stated in these Findings.
3.73 Pursuant to Public Resources Code $21081.ó and California Code of Regulations, Title 14, $15091, the Town of
Danville is the custodian of the documents and other material that constitute the record of ptoceedings upon
which the Town's decision is based, and such documents and other rnatenal are located at: Town of Danville De-
velopment Services Department, 570 Lz Gonda !lay, Danvill e, Califolirria,94526.
4.0 FINDINGS REGARDING POTENTIALLY SIGNIFICANT IMPACTS AND MITIGATION
MEASURES
The REIR identified potentially significant impacts in the areas identified below. The REIR tecommended mitigation
meâsures to reduce all potentiaþ significant impacts to a level of insignificance. All of these mitigation measures were
also identified jn the 2013 EIR; some have been modified to reflect Project changes (e.g., 381 rather than 372 acres of
pemaûent open space) or feedback from agencies (e.g., EBMUD). Several mitigation meâsures identified in the 2013
EIR are not included in the REiR either because they have been incorporated into the Project Description ot because
they are no longet applicable to the Project as revised.
4.1 Aesthetics
Impact:The ptoject would create new sources of light that would adversely affect
nighttime views in the area.
Mitigation Measute 4.1-1 All buildings shall be designed so that teflective surfaces are limited and exterior light-
ing is down-lit and illuminates the intended area only. Building applications for new
structures shall include an exterior lighting plan subject to approval by the Town of
Danville that includes the following tequirements: 1) exterior lighting shall be direc-
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tiotzl;2) the source of dkectional lighting shall not be directly visible; and 3) vegeta-
tive screening shall be installed, where appropriate.
Finding: The Planning Commission tecommends the adoption of Mitigation Measure 4.1-1. Based on the explanation
and analysis in the REIR, the Planning Commission Ênds that with the adoption of the Measure, the impact on aesthèt-
ics as described above will be mitigated to a less than signiFrcant level.
4.2 BiologicalResources
Impact:Consttuction of the proposed subdivision could tesult in potential impacts to
Califomia ted-legged ftog.
Mitigation Measure 4.4-1 The project proponent shall implement the following measures during construction
activities in or along East Branch Green Valley Creek to avoid take of individual
CRLF:
A.Prior to the start of construction, the project propoflent shall retain
a qualiñed biologist to train all construction personnel regarding
habitat sensitivity, identification of special status species, and re-
quired practices.
Prior to the start of construction, the project proponent shall retain
a qualified biologist to conduct pre-construction surveys to erìsrüe
that CRLF are absent from the construction area. If CRLF are pre-
sent, a qualified biologist possessing all necessary permits shall relo-
cate them or they shall be allowed to move out of tlre construction
^re oî their own.
c.Immediately following the pre-construction surveys and a determi-
nation that CRLF are flot present in the constnrcúon zone, the con-
struction zone shall be cleated and silt fencing erected and main-
tained around construction zofles to prevent CRLF from moving
into these areas.
The project proponeflt shall retain a qualified biological monitor to
be present onsite during times of coflstrrlction within the npanan
habitat of East Branch Green Yalley Creek to ensure no CRLF are
harmed, injured, or killed during project buildout.
Mitigation Measute 4.4-2 The project would impact approximately 0.3 acres of moderate-quality ripanar. habitat
resultìng from construction of the vehiculat bridges across East Branch Green Valley
Creek. The project shall replace the lost value of this impact by restoring the impacted
riparian habitat at a minimum 1:1 replacement-to-loss ratio. (Final mitigation amounts
will be based on actual impacts to be determined during the desþ phase.) Tlus shall
be accomplished by restoring riparian habitat ¿t the four foltowing locations:
^. The existing wet crossing and asphalt near the panhandle (i.e.,
where the new bridge is to be constructed) shall be removed. The
silt and sediment buildup behind and adjacent to the wet crossing
and asphalt shall also be removed and the creek bed shall be low-
b.
d.
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ered to restore the natural flow ofthis portion ofthe creek.
The existing crossing from San Andreas Drive shall be removed and
the creek restored in this area.
The two existing cattle grates on Magee West near the eústing cul-
verts shall be temoved.' One of these is causing sediment build up
and adversely impacting the cteek. The natural flow of this channel
shall be restored back to its original condition prior to the original
installation oI the gtates.
The ripatian coridor along the East Branch of Green Valley Creek
will be enhanced with suitable plantìng and placement of riparian
vegetation along the proposed trail on Magee East. Âpproximately
2 acres along East Branch Green Valley Creek between the cteek
and the trail is available to accomrnodate the minimum 0.3 acres of
nparian enhancement plantings. The enhancement area shall be
planted with native species appropriate for the cotridot.
The project would impact approximateþ 0.5 acres of jurisdictional watets thzt arc of a
degraded quality and matginal value for the CRLF. The project shall replace the lost
functions and value of this impact to aquatic habitats at a minimum of 1:1 replace-
ment-to-loss
^cteage
ratio. The final mitigation amounts will be based on actual im-
pacts to be determined duting the design phase. Habitat teplacement via creation of
andf ot enhancements to existing waters shall occur onsite. Onsite lands proposed to
be preserved âs open spâce âre within the same watemhed as the offsite detention ba-
sin known to support breeding CRLF and are expected to firlly accommodate creation
of arrðf or enhancements to aquatic habitats that would be of substantially higher value
to CRLF than the impacted waters. Compensation for impacts to jurisdictional waters
to benefit the CRLF will include all of the aforementioned components along with
improving the wetland character of the onsite stock pond and enhancing the associ¿t-
ed riparian habitat between the stock pond and the detention basin. @efèr also to
mitigation measures 4.4-73 and 4.4-14 below for impacts to jurisdictional watets.)
The project proposes to preserve apptoximately 381 acres of the site âs open sPace.
Areas to be preserved would be placed under a conservation easement or deed re-
striction to prohibit coflstruction and preserve conservation value. The proiect pro-
poses to create ^ geologic hazard abatement district (GHAD) to provide suitâble fund-
ing for maflagement and long-term maintenance of the site. Upland habitats shall be
managed via a long-term management plân to maintain the quality of the habitat fot
the movement and dispersal of CRLF. Prior to construction, the project proponent
shall retain a qualifìed biologist to prepare ân operl space management Plan for the
explicit pulpose of managing and monitoring the proposed open space area. This plan
shall be submitted to the Town of Danville for review and approval prior to issuance
of gading permits. At â minimum this plan shall include the following components:
^. Identify the location of the restoration efforts for replacing jutisdictional
waters and npanzr habitats. The replacement ratio for both habitats
will be at a minimum of a 7:7 ntio.
b. Identi$r the approaches to be used, including the extent that the onsite
stock pond be expanded, reconfiguring of the pond bottom and increase
in depth, and providing evidence that sufficient water budget exist for
any ptoposed enhancement.
b.
c.
d.
Mitigation Measute 4.4-3
Mitigation Measure 4.4-4
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c. Identi$r a suitable planting regime for restoring wetland and ripanan
habitats.
d. Identify success criteda for monitoring both the wetland and riparian
habitats that are consistent with similar habitats tegionally.
e. Monitor restored wetland habitats for at least ltve years and iestored ri-
parian habitats for 10 years.
f. Define and identi$r the GFIA.D maintenance and management activities
to manage the open space habitats to meet the stated goals of support
habitat characteristics suitable for the CRLF. This would include suita-
ble fencing so as to control access, limited catùe grazing or other proce-
dures to manâge grass height and forage production at levels that benefit
the CRLF, and removal of trash.
g. Define the financial mechanism for the GHAD to manage the open
space into peqpetuity.
Finding: The Planning Commission recomrnends the adoption of Mtigation Measures 4.4-1 through 4.4-4. Based on
the explanation and analysis in the REIR, the Planning Commission finds that with the adoption of these Measutes, the
impacts on biological resorrces as described above will be mitigated to a less than significant level.
Impact:Consuuction of the ptoposed subdivision could result in potential impacts to
westetn pond turtle.
Mitigation Measute 4.4-5 Implementation of the avoidance, minimization, and compensation measures for the
CRLF (see discussion above) would address impacts to westero pond turtles. The
proiect proponent shall also implement the following measures.
Prior to the start of construction, the ptoject proponent shall retain a qualified biolo-
gist to train constructiori personnel regarding habitat sensitivity, identification of spe-
cial status species, and required practices.
Mitigation Measure 4.4-6 Prior to the start of construction within the East Bnnch Green Valley Creek riparian
atea, fhe project proponent shall retain a qualifred biologist to conduct pre-
construction surveys to eflsure that western pond turtles are absent ftom the coristruc-
tion atea. Ifwestem pond tutles are present, a qualified biologist possessing all neces-
sary permits shall be retained to relocate them.
Mitigation Measute 4.4-7 If westem pond turtles are found to be absent from the construction zone, immediate-
ly following the pte-construction surveys the proiect proponent shall clear the con-
struction zonle ard install/maintain silt fencing around the constructiofi zoîe to pre-
vent westetn pond turtles from entering these areas.
Mitigation Measute 4.4-8 During construction within the East Branch Green Valley Creek ripadan area, the
project proporert shall retain a biological monitor to be present onsite during times of
construction to ensure that turtles âre not harmed, iniured, or killsd.
Finding: The Planning Commission recommends the adoption of Mtigation Measures 4.4-5 through 4.4-8. Based on
the explanation and anal¡'sis in the REIR, the Planning Commission finds that with the adoption of these Measures, the
impacts on biological resources as described above will be mitigated to a less than significant level.
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Impact:Construction of the proposed subdivision could tesult in potential impacts to
nesting raptors and migratory bitds.
Mitigation Measute 4.4-9 To the maximum extent practicable, the project propoflent shall remove trees during
the non-breeding season (September 1 thtough January 31). If it is not possible to
avoid tree removal and associated disturbances during the breeding season (February 1
through August 31), the project proporrent shall retain a qualiÊed biologist to conduct
a pre-coflstruction survey for tree-nesting raptors and other tree- or ground-nesting
migratory birds in all tees or other areas of potential nesting habitat within the con-
struction footprint and 250 feet of the fooçrint, if such disturbance would occut dur-
ing the breeding seâson. This survey shall be conducted no more than L4 days prior to
the initiation of demolition/construction activities during the earþ part of the breeding
season @ebnrary through April) and no more than 30 days prior to the initiation of
these activities during the late part of the breeding season (À4ay through ,{'ugust). If
nesting raptors or migtatory birds are detected on the site during the survey, a suitable
construction-free buffer shall be established around all active nests. The precise di-
mension of the buffet (a minimum of 150 feet up to a maximum of 250 feet) shall be
determined at th¿t time and may vary depending on location and species. Buffers shall
remain in place for the duration of the breeding season or until it has been confirmed
by a qualified biologist that all chicks have fledged ar'd are independent of their par-
ents. Pre-construction surveys during the non-breeding season are not necessâq/, âs
the birds are expected to abandon thei¡ roosts during construction activities.
Finding: The Planning Commission recommends the adoption of Mtigation Measwe 4.4-9. Based on the explanation
and analysis in the REIR, the Planning Commission finds that with the adoption of the Measure, the impacts on biologi-
cal resoutces as described above will be mitigated to a less than significant level.
Impact:Construction of the proposed subdivision could tesult in potentiâl impacts to
butrowing owls.
Mitigation Measute 4.4-10 In order to avoid impacts to active burrowing owl nests, the project proponent shall
rctairt a qualified biologist to conduct pre-construction surveys for burrowing owls
within the construction footprint and within 250 feet of the fooçrint no more than 30
days prior to the onset of ground disturbance. These surweys shall be conducted in a
nrânner consistent with the CDFG's burrowing owl survey methods (CDFG 2012b).
If pre-construction surveys determine that burrowing owls occupy the site dudng the
non-breeding season (Septembet 1 through January 31), then a passive relocation ef-
fot (e.g., blocking burrows with one-way doors and leaving them in place for a mini-
mum of three days) may be used to ensure that the owls are not harmed or injured
during construction. Once it has been determined that owls have vacated the site, the
burrows can be collapsed, and gtound distutbance can proceed. Ifburrowing owls are
detected within the construction fooprint or immediately adjacent lands (i.e." within
250 feet of the footprint) during the breeding season (February 1 through 'August 3i),
â construction-free buffer of 250 feet shall be established around all active owl nests.
The buffer area should be enclosed with temporary fencing, and construction equip-
ment and workers mây not enter the enclosed setback areas. Buffets must remain in
place for the duration of the breeding season or until it has been confitmed by a quali-
fied biologist that all chicks have fledged and a:te independent of their parents. After
the breeding seâson, passive relocation oÍ any remaining owls may take place as de-
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scribed above.
Finding: The Planning Commission recommends the adoption of Mitigation Measure 4.4-70. Based on the explana-
tion and analysis in the REIR, the Planning Commission finds that u¡ith the adoption of the Measure, the impacts on
biological resources as described above will be mitigated to a less than significant level.
Impact:Constuction of the ptoposed subdivision could result in potential impacts to
Ametican badgets.
Mitigation Measure 4.4-11 Pre-construction surveys conducted for burrowing owls shall also be used to deter-
mine the plesence or absence of badgers in the development footprint. If an active
badger den is identifred during pre-construction surveys within ot immediateþ adja-
cent to the constnrction envelope, the ptoiect contractor shall establish a construction-
free buffer around the den of up to 300 feet or a distance specified by the resource
agencies (i.e., CDFG). Because badgers are known to use multiple burrows in a breed-
ing burrow complex, the project contractor shall retain a biological monitor during
construction activities to ensure the buffer is adequate to avoid direct impacts to indi-
viduals or Írest abandonment. The monitor shall be present onsite until it is deter-
mined that young âre of an independent age and construction activities would not
harm individual badgers. Once it has been determined that badgers have vacated the
site, the burrows can be collap.sed or excavated, and gtound disturbance.can ptoceed.
Finding: The Planning Commission recommends the adoption of Mitigation Measure 4.4-11. Based on the explana-
tion and analysis in the REIR, the Planning Commission finds that with tlre adoption of the Measure, the impacts on
biological resources as described above will be mitigated to a less than significant level.
Impact:Development of the ptoposed subdivision would impact wetlands (0.5 actes)
and riparian habitat (0.3 actes).
Mitigation Measute 4.4-12 The project proponent shall teplace wetland and riparian habitat at a 1:1 replacement-
to-loss ratio. It is expected that all compensation measures can be accommodated
within the 381 acres of the site ptoposed as open space. Pdor to issuance of a grading
petmit, the project, proponent shall tetain a qualified biologist to prepâre an onsite
habitat mitigation and monitoring plan (HMUI) that includes both an aquatic habitat
restoration plan and a npanan habitat restoration plan. The HMMP would specifically
address the wetland and riparian habitats and is separate from the Open Space Man-
agement Plan identified in Mitigaúon 4.4-4, although there may be some ovedap. The
HMMP shall include the following components, at a minimum:
^. Define the location of all restoration/cteation activities;
b. Ptovide evidence of a suitable water budget to support any created wet-
land and ripzriar habitats;
c. Identify the species, amoufl.t, and location of plants to be installed;
d. Identi$' the time of yeat for planting and method for supplemental wa-
tering during the establishment period;
e. Identify the monitoring period, which should be not less than 5 years for
wetland testoration and not less than 10 years for riparian restoration,
defines success criteria that will be required for ihe wetland restoration
to be deemed a success;
f. Identify adaptive manâgement procedures that include þut are not lim-
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ited to) meâsures to address colonization by invasive species, unexpected
lack of water, excessive foraging of installed wetland plants by native
wildlife, and similar;
C. Define management and maintenance acùvities (weeding of invasives,
providing for supplemental water, repair of water delivery systems) of
the ptoposed GFIAD; and
h. Provide for assutance in funding the monitoring and ensuring that the
created wetland and riparian habitats fall within lands to be preserved
and managed into perpetuity. Confirm that the proposed GI{AD v/ill
meet these responsibiJities.
Mitigation Measute 4.4-13 The project proponent shall comply with all state and federal regulations related to
construction work that will impact aquatic habitats occurring on the site. Prior to con-
struction, the project proponeût sh¿ll obtain a Section 404 Clem'V7ater Act permit
from the USACE, Section 401 \7atet Qualiq' Certification from the Rì7QCB, andf or
Section 1ó00 Streambed Alteration Agreement from the CDFG, and submit proof of
such documentatìon to the Town of Danville.
Finding: The Planning Commission recommends the adoption of Mitigation Measutes 4.4-T2through 4.4-13. Based
on the explanation and anaiysis in the REIR, the Planning Commission finds that with the adoption of these Measures,
the impacts on biological resources as described above,will be mitigated to a less than significant level.
Impact:The ptoject would tesult in the temoval of 49 üees on the site, which reptesents
a potentially significant impact.
Mitigation Measure 4.4-14 Prior to issuance of a grading permit, a tree preservation plan shall be prepared for all
trees to be retained that identifies all protection and mitigation meâsures to be taken
and includes the tree preservation guidelines by HortScience in their tree report(s).
These measures shall remain in place for the dutation of construction aitivities at the
project site.
Mitigation Measute 4.4-15 Upon completion of construction, the ptoject proponent shall replace all ordinance-
size trees to be removed with approved species "of a cumul¿tive number and diameter
necessâry to equal the diameter of the tree(s) which are approved for removal" in ac-
cordance with the Town's. tree t¡rdin¿nce. Ttee removal shall be conducted in accord-
ance 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 shall replace all non-ordinance-size trees (i.e., trees less than 10 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. To the maximum extent practicable, all native
trees that are removed shall be replaced with like species. AII non-native trees that are
removed shall be replaced with species that are known to occur naturally within sirnilar
habitats in the region.
Mitigation Measure 4.4-16 Prior to construction, the project proponent shall retai¡ a qualified arborist to develop
a monitoring plan for replacement trees (outside the riparian habitat) and submit it to
the Town of Danville during the permit process. The basic components of the moni-
toring plan shall include ûnal success criteria, specifrc performance criteria, monitoring
methods, data analysis, monitoring schedule, conúngency/remedial measures, and
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fepofung fequrements.
Finding: The Plaining Commission recommends the adoption of Mitigation Measures 4.4-14 through 4.4-76. Baseð
on the explanation and analysis in the REIR, the Planning Commission finds that with the adoption of these Measures,
the impacts on biological resources as described above wj.ll be mitigated to a less than significant level.
Impact:The imptovements to the Diablo Road/Gteen Valley Road intetsection would
requite the temoval of 18 tees within the Town tight-of-way, which represents
a significant impact.
Mitigation Measure 4.4-17 The Project shall implement Mitigation Measures 4.4-14 thtough 4.4-76 as applicable.
Finding: The Planning Commission recommends the adoption of Mtigation Measure 4.4-11 . Based on the explana-
tion and analysis in the REIR, the Planning Commission finds that with the adoption of the Measute, the impacts on
biological resources as described above will be mitigated to a less than significant level.
4.3 Cultutal Resoutces
Impact:Consttuction of the ptoiect may tesult in the discovery and disturbance of un-
ftnown atchaeological tesoutces and/ot human remains.
Mitigation Measure 4.5-1 If during the course of project construction, archaeological resources or human re-
mains are accidentaþ discovered during construction, wotk shall be halted within 20
feet of the find until a qualified professional archaeologist can evaluate it. \Work shall
not recommence until the project archaeologist has submitted docurnentation to the
Town indicating that discovered resources have been adequately salvaged and no fur-
ther resoutces have been identified witlin the area of disturbance.
Mitigation Measute 4.5-2 Pursuant to Section 7050.5 of the Health and Safety Code and Section 5097.94 of the
'Public Resoutces Code of the State of Califomia, in the event of the discovery of hu-
man remains during construction, no further excavation or disturbance shall be con-
ducted on the site or any neatby area reasonably suspected to ovedie adjacent remains.
The Contra Costa County Coroner shall be notifred and make a determination as to
whether the remains are Native American. If the Coroner determines that the remains
are not subject to his authority, he shall noti$r the Native Ämerican Heritage Commis-
sion who shall attempt to identi$r descendants of the deceased Native American. If
no satisfactory agreement can be reached as to the disposition of the remains pursuânt
to this State law, tlren the land owner shall re-inter the human remains and items asso-
ciated with Native American burials on the property rna location not subject to fur-
t]ler subsurface disturbance.
Finding: The Planning Commission recommends the adoption of Mtigation Measures 4.5-1 through 4.5-2. Based on
the explanation and analysis in the REIR, the Planning Commission finds that with the adoption of these Measures, the
impacts on cultural resources as described above will be mitigated to a less than significant level.
Impact:Consttuction of the ptoject may result in the discovery and disturbance of un-
known paleontological tesoutces.
Mitigation Measute 4.5-3 If during the course of project construction, paleontological resources are accidentall¡'
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discovered during construction, work shall be halted within 20 feet of the find until a
qualified professional paleontologist can evaluate it. \ùíork shall not recommence untjl
the project paleontologist has submitted documentation to the Town indicating that
discovered resources have been adequately salvaged and no furthet resoutces have
been identiFred within the area of disturbance.
Finding: The Planning Commission tecommends the adoption of Mitìgation Measure 4.5-3. Based on.the explanation
and analysis in the REIR, the Planning Commission finds that with the adoption of the Measure, the impacts on paleon-
tological resources as described above will be mitigated to a less than sigruficant level.
4,4 Geotechnical
Impact 4.6-1 Construction of the proiect could tesult in temporary soil etosion and loss of
topsoil
Mitigation Measute 4.6-1 In order to reduce wind and water erosion on the project site, an erosion control plan
and Storm rùØater Pollution Prevention Plan (SWPPP) shall be prepated for the site
preparation, construction, and post-construction periods (see mitigation measute 4'8-1
in 4.8 Hydrology and Watet Qualiry).
The project 5þ¿lì prepare an etosion control plan in accordance with the Town's Eto-
sion Control Ordi¡ance. The ptoject proponeût shall implement the. following
measures, where appropriate, to cottrol etosion: 1) keep constructioû machinery off
of established vegetation as much as possible, especially the vegetation on the upwind
side of the construction site; 2) establish specific access routes at the planning phase of
the project, and limits of grading priot to development, which should be strictly ob-
sewed; 3) utilize mechanical measures (i.e., walls from sand bags and/or woodeû slat
or fabdc fences) to teduce sand movemenq 4) immediate re-vegetation þlus the use of
temporary stabiJizing sprays), to keep sand movement to a minimum; and 5) for larger-
scale construction, fabric or wooden slat fences should be placed around the construc-
tion location to reduce sand movement. This etosion control plan shall be submitted
to the Town of Danville for review and apptoval prior to issuance of a grading permit.
Finding: The Planning Commission tecommends the adoption of Mitigation Measure 4.ó-1. Based on the explanation
and analysis in the REIR, the Planning Commission finds that with the adoption of the Measute, the impacts orr ge-
otechnical as described above will be mitigated to a less than significant level.
4.5 ]f{azatds & Ffazatdous Matetials
Impact:Development of the ptoposed proiect, including excâvation and other land dis-
turbãnce, could tesult in the telease of hazatdous materials that may be ptesent
orr portions of the proiect site, exposing consttuction petsonnel and the envi-
rofrment to potential health and safet5r risks.
Mitigation Measure 4.7-1 In order to minimize potenúal human healthhazatds associated with the historical use
of hazardous materials on portions of the proiect site, the ptoiect proponent shall re-
tain a trained professional to prepare a Site Management Plan to maifltâin the safety of
construction workers and assure propet mân¿gement of any contaminated soils on the
site in accotdance with fedetal, state and local regulatory requirements. This plan shall
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be subject to review and approval by Contra Costa County Health Sewices, and evi-
dence of approval ptovided to the Town of Danville, priot to the issuance of any grz'd-
ing permit, demonstrating that all necessâry remedial actions have been completed
pursuânt to the approved Site Management Plan. -At a minimum, the Site Manage-
ment Plan shall include 1) the collection ^nd chemical analysis of soil samples from the
former UST location and 2) excavation and soils characteÅzatfo¡ to confìrm that suf-
ficient soils removal has occurred for OCPs and elevated 4, 4-DDE at location SB-3,
and 3) proper temoval and disposal of all hazardous matedals on the site, including
contaminated soils, chemical containers observed in the storage shed, and herbicides
spray bottles ât ân approved disposal facility.
Finding: The Planning Commission recommends the adoption of Mitigation Measure 4.7-1. Based on the explanation
and anaþsis in the REIR, the Planning Commission finds that with the adoption of the Measure, the impacts on hazards
and hazardous materials as described above will be mitigated to a less than significant level.
4.6 Hydtology & Water Quality
Impacû Consttuction aûd operation of the ptoiect could impact surface watet quality.
Mitigation Measute 4.8-1 In order to avoid water quality impacts, a Storm llater Pollution Prevention Plan
(SWPPP) shall be prepared for the site preparation, construction, and post-
coflstmction periods. The SWPPP shall incorporate best mânâgement practices con-
sistent with the requirements of the National Pollution Discharge Elirnination System
G\fPDES) Municipal Stormwater petmit (l'{o. C4S612008). The project proponent
shall obtain a NPDES General Construction Permit and prepare the S!7PPP in ac-
cordance with all legal requirements, prior to the issuance of a grading permit. ,\ddi-
tional requirements for erosion control are detailed in mitigation meâsure 4.6-I tfl 4.6
Geotechnic¿l and Geologic Hazards.
Finding: The Planning Commission recommends the adoption of Mitigation Measure 4.8-1. Based on the explanation
and analysis in the REIR, the Planning Commission finds that with the adoption of the Measu¡e, the impacts on hydrol-
ogy and water quality as described above will be mitigated to a less than significant level.
4.7 Public Services
Impact:The project would tesult in an inctemental inctease in the student poPulation
in the SRVUSD.
Mitigation Measute 4.11-1 The applicant shall pay a school impact fee pursuant to the criteria set fotth within
California Government Code Section 65995. Prior to the issuance of building permits,
the applicant shall pay required school mitigation fees, subject to the tevieu¡ and ap-
proval of the Town of Danville and San Ramon Valley Unified School District. The
fees set forth in Govemment Code Section 65996 constitute the exclusive means of
both "considering" and "mitigating" school facilities impacts of projects [Government
Code Section 65996(a). They are "deemed to provide full and complete school facili-
ties mitigation" [Government Code Section 65996(b)].
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Finding: The Planning Commission recommends the adoption of Mitigation Measure 4.lt-1. Based on the explana-
tion and analysis in the REIR, the Planning Commission finds that with the adoption of the Measure, the impacts on
public services as described above will be mitigated to a less than signifrcant level.
4.8 Transportation & Citculation
Impact:The project trips added to the intetsection of Diablo Road/Blackhawk Road &
Mt. Diablo Scenic Boulevard undet Existing plus Ptoject and Cumulative plus
Project Conditions will increase the V/C tatio by more than 5 petcent during
the AM and School PM peak hours, which constitutes a significant impâct
based on the established thtesholds ofsignificance.
Install a traffic sþal at the intersection of Diablo Road/Blackhawk Road & Mt. Dia-
blo Scenic Boulevard at the applicant's expense. With signalization, the intersection
would operate at LOS ,\ or B under all scenatios.
Mitigation Measure 4.3-1
Finding: The Planning Commission recommends the adoption of Mtigation Measure 4,12-t. Based on the explana-
tion and anaþsis in the REIR, the Planning Commission finds that with the adoption of the Measure, the impacts on
traffic and circulation as described above will be mitigated to a less than significant level.
The Planning Comrnission further finds that Mtigation Measure 4.3-1 is v¡ithin the responsibility and jurisdibtion of
Contra Costa County and not the Town, and that the County can and should adopt this Measute. If the County does
not adopt this Measure, this tr¿ffic congestion impact will be significant and unavoidable. The Planning Commission
addresses this potential significant and unavoidable impact in the Statement of Overriding Considerations in Section II.
4.9 Utilities
Impact:Development of the ptoposed project would tequire the consttuction of new
watet inftastructure in otdet to serve the proiect. EBMUD has identified that
specific imptovements may be necessary to setve nevr' uses. These imptove-
merits are necessâry to mitigate potential water supply infrasttucture impacts.
Mitigation Measure 4.13-2 Prior to the tecordation of the final map for each phase of development, the applicant
shall submit detailed desþJevel infrastructute drawings approved by the East Bay
Municipal Utility District to the Town of Danville fot review and approval. All new
water supply infrastructure shall be desþed in accordance with all applicable East Bay
Municþal Utihty District specifications. Alì water supply inftastructure plâns shall be
teviewed and approved prior to final map recordâtion.
Mitigation Measute 4.13-3 The East Bay Municipal Utility District maintains a right-of-way ß/W 1581) through
the project site, which provides access to the Green Valley Reservoir. Iu order to avoid
potential effects to East Bay Municþal Utitity District's existing operations, the final
map shall clearþ delineate all known easements, including East Bay Municipal UtiJity
1 44459224.1
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District's right-of-way ß/W 1581). Any and all activities proposed within the right-of-
way shall be coordinated v¡ith East Bay Municþal Utility District. This easement shall
be reflected in all final desþ-level improvement plans and appropriate notes shall also
be included, subject to the ¡eview and apptoval of the East Bay Municipal Utility Dis-
trict and tle Town of Danville.
Finding: The Planning Commission recommends the adoption of Mitigation Measures 4.73-2 and 4.13-3' Based on
the explanation and analysis in the REIR, the Planning Commission finds that with the adoptìon of these Measures, the
impacts on utilities as described above will be mitigated to a less than significant level.
5.0 FINDINGS RELATED TO CUMUI-ATIVE IMPACTS AND MITIGATION MEASURES
CEQ,{ Guidelines require consideration of the potential cumulative impacts that could result from a proposed ptoject in
conjunction with other projects in the vicinity. Such impacts can occur when two or more individual effects create a
considerable environmental impact or compound othet environmental consequences. An explanation of the cumulaúve
impact analysis is in Section 5.2 of the Draft REIR.
One significant cumulative impact was found for the Ptoject, in the area of ttafftc congestion. This cumulative impact
can be mitigated to a level of insignificance as discussed above. If the County declines to adopt Mtigation Measure 4.3-
1 (sþalization of the Diablo Road/Blackhawk Road & Mt. Diablo Scenic Boulevard intersecúon) then this impact will
be significant and unavoidable. There is no evidence in the tecotd to indicate the County vuill not adopt the Measure.
Flowever, a Statement of Overiding Considerations is included in Section II in response to that unlikely scenado.
6.0 FINDINGS REGARDING MONITORING OF MITIGATION MEASURES
In order to ensure that the mitigation meâsutes identified herein are implemented, the Planning Commission recom-
mends the adoption of the Mitigation Monitoring and Reponing Program i¡clude with the Project approvals.
7.0 FINDINGSREGARDINGÁLTERNATIVES
CEQA Guidelines $15126.6 requires a discussion of a teasonable range of alternatives to the project ot to the location of
the project. However, an EIR need not consider an alternative whose implementation is remote or speculative. -A'n EIR
is required to describe and comparativeiy evaluat e ^
t^îge of reasonable alternatives to a project, or location of the pro-
ject, that would feasibly attain most of the basic objectives of the project but would avoid or substantially lessen any of
the significant effects of the ptoject. Thus, the range of alternatives evaluated in the Draft REIR was dictated by CEQA
and by the range of significant impacts identified in the D¡aft REIR, and evaluated alternatives were limited to those that
theoretically could have reduced or eliminated identified environmental impacts.
The Draft R-EIR also considered and reiected two alternaúves from further considetation. First, an alternative location
wâs not carried forward for analysis since there is no other site that cafl âccommodate the Project and implement the
criteria specified in the General Plan that identi$r the Project site as an Area of Special Concem. Second, Alternative 5
from the 2013 EIR (a 66-unit, 20,000-sf-lot alternative) was not carried forward for analysis because the proposed Pro-
ject no longer includes custom lots; 20,000-square-foot iots would increase fooçrint impacts compared to the Proposed
Ptoject; and the number of residential lots in tlis alternative (66) was virtually the same as the 69 lots in the proposed
Project and i¡ Alternative 3.
T'he Draft REIR discussed the following altematives in detail:
7. No Project/No Build
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2. No Project/Build without Subdivision (7 residential lots)
3. More Clustered Altemative/Minimum 5,000 SF Lots (69 residential lots)
4. Non-Clustered Àlternative (78 residential lots, no zone change)
F.ach of these altematives \¡/as ewaluated under the sa{ne environmental categories as presented fot the Project and as
idenúhed in Chapter 4 and -Appendix Ä of the Draft REIR. Based on the comparison of the relative merits of each al-
temative compared to the Project, each of the altematives was found to be deficient in meeting the Proiect's goals and
objectives, and Altemative 4 would câuse greater environmental impacts.
The Final REIR at pages 27-28, explains why altematives suggested by commentets would not meet project objectives,
would not reduce environmental impacts, or both. These alternatives are: a) a reduction in tesidential lots sufficient to
avoid the Project's significant traffic congestion impact at Diablo Road/Blackhawk Road & Mt. Diablo Scenic Boule-
vard (which would not require the applicant to signalize the intersection and therefore would maintain the intersection's
current tOS E and F at z\M peak and School PM Peak hours, respectiveþ; b) nine 2}-acre parcels on land currently
zoned Agricultural, with smâll clusters elsewhere on the site (which would spread development mote widely across the
site, adding to visual impacts and failing to meet the project objecúve of extensive public open space); and c) elirnination
of the three residential lots at Magee !7est (which would not avoid any significant traffic impact).The overall objectives
of the Proiect are to:
0 Develop a residential project that is consistent with the Town of Danville Agdcultural, General Open Space, Rual
Residential, and Single Family-Low Density Genetal Plan Land use desþations for the site as well as the General
Plan's Magee Ranch Special Concem Area language,
0 Provide 69 residential lots, including 66 home sites at the east end of site south of Blackhawk Road, and 3 homes
sites near the southeast coÍrer of the Diablo Road/McC¿uley road intersection,
f Desþ the project to cluster development on the lower pottions of the site to minimize visual impacts and limit dis-
turbance en the property,
o Provide for a minimurn of 70o/o of the 69 lots to include a second dwelling unit ("casita'l) to satis$' the Town's af-
fordable housing requirements,
O Preserve approximately 381 acres of the project site as permanent open space, and
o Preserve significant features of scenic hillsides and major ridgeline areas.
7.1 No Ptoiect/No Build Altetnative
7.L,1 Descdption of Altetnative 1
CEQA requires the discussion of the No Project Altemative "to allow decision makers to comPare the impacts of
approving the proposed project with the impacts of not approving the proposed proiect." For the pu{poses of this
analysis the No Project Alternative represents the "no development" scenario in which the site is left in its current
generally undeveloped condition þer CEQA Guidelines Section 1512ó.6(e)(3) and existing ranching uses continuing to
operâte. This alternative would eliminate the preservation of over 381 actes of the site in permanent open space, with
public trails, proposed by the Project.
7.1.2 Rejection of Altetnative
The No Project Alternative would avoid all of the environmental impacts of the proposed Project. The No Proiect
Alternative would result in the continuation of the existing operation of ranching uses on the. site (which would also be
continued on most of the Proiect site under the proposed Proiect). The No Project ,\lternative is infeasible because it
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DocuSign Envelope ID: B7269F56-A20D-4829-92BF-C3AB8F5BDFBF
would fail to meet any project objectives, rncluding to build a residential community on the site consistent with the
existing zoning and General Plan and preserve over 381 acres in permânent open spâce. The Alternative would not
provide public access thtough a ftail system
7.2 Ptoiect/BuildWithoutSubdivision
7.2.1 Description of Alternative
The No Project/Build Alternative consists of elirninating the proposed subdivision and developing the proiect site with
one residential lot per existing parcel. Since the site currently contains seven buildable parcels, this altemative would
result in the construction of a total of seven residential homes.on the site. This altemative would require the provision of
infrastructure to each individual parcel, including roads, water, powet, and sanitary sewer. It is assumed that each lot
would require its own water well and septic system, although it may be technically possible to connect these parcels to
the public system via lengthy lateral extensions. This alternative would eliminate the preservation of ovet 381 acres of
the site in permanent open space proposed by the Project.
7 .2.2 Reiection of Alternative
This alternative would lessen the environmental impacts of the Project by decreasing total unit count from 69 lots to 7
lots. This alternative is infeasible because it would fail to meet any project objectives, including to develop a ó9-lot
residential community on the site and preserve over 381 acres in permaflent operi space.
7.3 Mote Clusteted Alternative/Minimum 51000 S.F. Lots
7.3.1 Desctiption of Alternative
This alternative consists of the development of the site with 69 lots sized a minimum of 5,000 square feet, within a
smaller development fooçdnt than the proposed Project. This altemative would eliminate development on approxi-
mately ten acres, primarily within the south portion of Magee East, by eliminating the southernmost portion of Court F.
This area of development was eliminated to provide a logical boundary for the smallet fooçrint scenario, primarily from
an engineering perspective. This alternative comprises three lots on Magee West and 66 lots on Magee East. This alter-
native is intended to reduce overall site disturbance compared with the Project.
7.3.2 Reiection of Alternative
The 5,000 SF lot alternative would lessen some impacts of the Ptoiect associated with site disturbance since the devel-
opment footprint would be reduced. These areas include aesthetics, cultural resources, and geology/soils, which repre-
sent potential significant but mitigable impacts for the proposed Project. For many areas, including tralfrc congestion,
the irnpacts would be unchanged due to the number of residential units. This altemative is rejected as infeasible because
it would creâte an abrupt change in density compared to existing residential neighborhoods adjoining the project site.
7.4 Non-ClustetedAltetnative
7.4.1 Description of Alternative
This alternative consists of the development of the project site with 78 lots, v¡ith most lots sized a minimum of five
acres. This alternative comprises 67 ftve-acre lots on the portions of the site covered by the Town's Residential - Rural
Residential or Public and Open Space - ,{gricultural General Plan land use desþations. The ftve-acre portion of the site
covered with the Town's Residential - Single tramily - Low Density General Plan land use designation (opposite Fairway
Drive) would contain 11 tots with a minimum size of 13,000 square feet. This alternative would eliminate the presewa-
tion of over 381 acres of the site in permanent open spâce proposed by the Project.
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This alternative would not cluster development on the flatter portions of the site but rather develop the majority of the
project site with five-acte "tanchettes." This altemative consists of 24 lots on Magee West and 54 lots on Magee East.
The lot configuration under tlis altemative would not allow for pteservation of large'portio¡s of the project site in open
space. This altetnative is being evaluated at the request of the community at the scoping meeting for the 2013 EIR, as
well as because it is the t¡le of development that could occur on the site using zoning that is consistent with the Town's
2010 General Plan land use designations for the project site other than the P-1; Planned Unit Development District.
This alternative would not confotm to the Town's General Plan policies that recommend development be concentrated
on the flatter less visjble portions of the site.
7.4.2 Rejection of Altetnative
Tlris altemative is infeasible because it would increase environmental impacts compared to the proposed Project and
would not meet proiect objêctives. This alternative u¡ould introduce non-clustered development on the entire site. This
would result in substantially greater, significant aesthetic impacts due to viewshed alteration. It would result þ gleâter
land dis¡rrbance impacts by requiring additional grading, an extensive roadway system, and additional proiect iflfrastruc-
ture to provide service and access to each lot. The overall impacts of this altemative would be substantially greater than
the Project. This altemative would not meet the Ptoject objectives to cluster development on the flatter portions of the
site and minimize grâd;ng and infrastructure requirements. Moreover, the Project, as approved, includes fewet housing
units. This alternative would not conform to the policy of the Magee Ranch Special Concern Area identified in the
General Plan, which "sttongly discourages" subdivision of the ptoperty into s-acre ranchettes and encourages clustering
of development.
8.0 GROWTH INDUCING IMPACTS
Finding: The Planning Commission finds that the Project will not result in significant growth inducing impacts be-
cause the Project does not allow for development that creates population or other growth beyond what is currentþ per-
mitted under the Town's 2010 General Plan and 2030 General Plan. The Project would not establish policies nor add
inftastrucnrre which would induce furthet $o$/th in the vicinity
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DocuSign Envelope ID: B7269F56-A20D-4829-92BF-C3AB8F5BDFBF
SECTION II
STATEMENT OF OVERRIDING CONSIDERATIONS
1.0 Inttoduction
In determining whether to âpprove a project that creates significant and unavoidable impacts, CEQA Guidelines 515093
requires a public agency to balance the benefits of the project against its unavoidable environmental risks. The REIR
identified mitigation measures that can reduce all potential environmental impacts to less than significant level. The
Mitigation Measute to reduce the Ptoject's contribution to traffic at the intersection of Mt. Diablo Scenic/Diablo
(À4easure 4.3-1), is within the tesponsibility and jurisdiction of Contra Costa County and not the Town. If the County
does not adopt this Measure, this traffic impact will be significant and unavoidable. There is no evidence in the record
from Conta Costa County will not implement this Measure. Rather, the letter from the County commenting on the
Draft REIR (Comment Letter 1 in Final P.EIR) is supportive of the measure..
The Planning Commission has found, in Section I above, that the County can and should adopt Mitigation Measure 4.3-
1. Nevertheless, it is not certain at this stage that the County will adopt this measure. For this reâson, a Statement of
Overiding Considerations is ptesented. In accordance with Public Resources Code S2i081(b) and CEQA Guidelines
515093, the Planning Commission has, in determining whether or not to recommended approval of the Project, bal-
anced the economic, social, technological, envitonmental, and other benefits of the Project against this potential una-
voidable environmental effect, and has foi¡nd that the benefits of the Project outweigh this possibility, for the reâsons
set forth below. This Statement of Overiding Considerations is based on the Planning Commission's review of the
REIR and othet information in the administrative record. The Planning Comrnission finds that each of the following
benefits is an overriding consideration, independent of the other beneñts, that watrants approval of the Ptoject notwith-
standing the possibility of a significant unavoidable impact.
2.0 OvettidingConsiderations
Substantial evidence is included in the record of these proceedings and in documents relating to the Project demonsftat-
ing the benefits which the Town would derive from the implementation of the Project. The Planning Commission has
balanced the economic and social benefit of the Project against the possible unavoidable environmental impact that can
occur if the County fails to adopt Mitigation Measure 4.3-7, and concludes that the economic, social and environmental
benefits that will be derived from the Project outrweigh that potential environmental impact. Upon balancing the envi-
ronmental risks and countervailing benefits, the Planning Commission concludes that the benefits derive from the Pro-
ject outweigh that potential environmental risk.
The specific benefits are as follows:
¡ The Proiect is consistent with the goals and policies in the Town's General Plan, Zonttg Ordinance and other
planning documents and provides a density of 69 units which is below the allowable density range of 78 units.
r The Project implements the direction in the General Plan relating to contemplated development in the Plan-
ning -A.rea/Special Concern ,\rea for this property by clustering development to the least sensitive and obstruc-
tive areas of the site.
¡ The Project will provide 381 acres (out of 410 acres) in pemânent open space.
¡ The Ptoject as conditioned will be required to make imptovements to the intersection of Diablo Road/Green
\ra[ey Road even though the Project does not create significant traffic impacts at this intersection. These im-
provements will improve traffic flow at the intersection.
¡ The Project will provide 69 housing units to the area, in addition to 7 affordable units. These new uflits will in-
crease the housing alternatives available to home buyers and generâte economic activrty in the area.
012267.0006\3082006.1 'lhe Planning Center I DC&li
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The General Plan establishes the goal of providing affordable housing oppottunities. The Project will help
meet these affordable housing needs by corstructirig seven casitas as affordable housing.
The Project will provide a pedestrian/bicycle trail adjacent to Diablo Road and hiking trails that will allow op-
portunities to establish park and trail connections to Sycamore Valley Open Space.
The Project will provide an alternative âçcess route to be used in emergencies along a segment of Diablo Road.
The Planning Commission finds that the above described benefits which will be derived from the Project, when weighed
against the absence of the Project, overlide the significant and unavoidable traffic congestion impact that may result.
3.0 Summary
Based on the foregoing Findings and the information contained in the Record, the Planning Commission has made one
or more of the following findings with respect to each of the significant environmental effects of the Project:
1) Changes or alterations have been required in, or inco¡porated into, the Project which mitigate or avoid tlie sig-
nificant effects on the environment.
Those changes or alterations ate within the responsibility and jurisdiction of another public agency and have
been, or'can and should be, adopted by that other agency. This Finding relates to Mitigation Measure 4.3-1.
Specific economic, legal, social, technological, or other considerations, including conside¡ations for the provi-
sion of employment opportunities for highly trained workers, make infeasible the mitigation measures or alter-
natives identified in the environmental impact report.
1)All significant effects on the environment due to the approval of the Project have been eliminated or substan-
tially lessened whete feasible.
,{,ny rcmaining significant effects on the envüonment found to be unavoidable are acceptable due to the factors
described in the Statement of Overriding Considerations and the Planning Commission recommends that the
Project should be apptoved.
a
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3)
Based on the foregoing findings ¿nd the information contained in the record, it is determined that:
2)
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Th
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pr
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o
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a
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a
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be
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of
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s
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4.
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1:
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p
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m
e
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:
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cr
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d
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fr
o
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a
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m
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d
in
th
i
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a
.
c.
Th
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tw
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s
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ca
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l
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gr
a
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cu
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th
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k
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th
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s
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d.
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ri
p
a
r
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co
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r
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d
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n
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th
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h
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h
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a
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pl
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r
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4
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3
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pr
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p
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ac
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l
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t
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of
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de
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d
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d
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t
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d
ma
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va
l
u
e
fo
r
th
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CR
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e
pr
o
j
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c
t
sh
a
l
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th
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t
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va
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th
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p
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aq
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of
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p
l
a
c
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m
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n
t
-
t
o
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l
o
s
s
ac
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e
fi
n
a
l
mi
t
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t
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am
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n
t
s
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ba
s
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d
on
ac
t
u
a
l
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p
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t
s
to
be
de
t
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m
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du
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g
th
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de
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ph
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s
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.
Ha
b
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t
a
t
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p
l
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m
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cr
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d
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sh
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t
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pr
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p
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d
to
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pr
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r
v
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as
op
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sp
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th
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sa
m
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as
th
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to
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p
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4.
4
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a
y
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of
13
DocuSign Envelope ID: B7269F56-A20D-4829-92BF-C3AB8F5BDFBF
X
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4
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an
d
4.
4
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1
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be
l
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w
fo
r
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p
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to
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.
)
4.
4
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pr
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pr
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r
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of
th
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pr
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si
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as
op
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sp
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a
s
to
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pr
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wo
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be
pl
a
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r
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co
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pr
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r
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ab
a
t
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m
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r
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(G
H
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)
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mo
v
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t
an
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p
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a
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r
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co
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th
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to
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t
pl
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r
th
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ex
p
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p
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th
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a
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i
s
pl
a
n
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a
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be
su
b
m
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t
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to
th
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w
n
of
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n
v
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l
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v
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an
d
ap
p
r
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pr
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r
to
is
s
u
a
n
c
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of
gr
a
d
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g
pe
r
m
i
t
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.
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a
mi
n
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m
u
m
th
i
s
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a
l
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in
c
l
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d
e
th
e
fo
l
l
o
w
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g
co
m
p
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n
t
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:
a.
Id
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f
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of
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ef
f
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p
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a
l
wa
t
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r
s
an
d
ri
p
a
r
i
a
n
ha
b
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a
t
s
.
Th
e
re
p
l
a
c
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m
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n
t
ra
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o
fo
r
bo
t
h
ha
b
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a
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s
wi
l
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be
at
a
mi
n
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m
u
m
of
a
1:
l
ra
t
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o
.
b.
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t
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f
u
th
e
ap
p
r
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a
c
h
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to
be
us
e
d
,
in
c
l
u
d
i
n
g
th
e
ex
t
e
n
t
th
a
t
th
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on
s
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t
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st
o
c
k
po
n
d
be
ex
p
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n
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e
d
,
re
c
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n
f
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g
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r
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of
th
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bo
t
t
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m
an
d
in
c
r
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s
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de
p
t
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r
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4.
4
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1
DD
&
A
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y
20
1
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of
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p
a
r
i
a
n
ha
b
i
t
a
t
s
fo
r
10
ye
a
r
s
.
f.
De
f
i
n
e
an
d
id
e
n
t
i
f
f
th
e
GH
A
D
ma
i
n
t
e
n
a
n
c
e
an
d
ma
n
a
g
e
m
e
n
t
ac
t
i
v
i
t
i
e
s
to
ma
n
a
g
e
th
e
op
e
n
sp
a
c
e
ha
b
i
t
a
t
s
to
me
e
t
th
e
st
a
t
e
d
go
a
l
s
of
su
p
p
o
r
t
ha
b
i
t
a
t
ch
a
r
a
c
t
e
r
i
s
t
i
c
s
su
i
t
a
b
l
e
fo
r
th
e
CR
L
F
.
Th
i
s
wo
u
l
d
in
c
l
u
d
e
su
i
t
a
b
l
e
fe
n
c
i
n
g
so
as
to
co
n
t
r
o
l
ac
c
e
s
s
,
li
m
i
t
e
d
ca
t
t
l
e
gr
a
z
i
n
g
or
ot
h
e
r
pr
o
c
e
d
u
r
e
s
to
ma
n
a
g
e
gr
a
s
s
he
i
g
h
t
an
d
fo
r
a
g
e
pr
o
d
u
c
t
i
o
n
at
le
v
e
l
s
th
a
t
be
n
e
f
i
t
th
e
CR
L
F
,
an
d
re
m
o
v
a
l
of
tr
a
s
h
.
g.
De
f
i
n
e
th
e
fi
n
a
n
c
i
a
l
me
c
h
a
n
i
s
m
fo
r
t
h
e
GH
A
D
to
ma
n
a
g
e
th
e
op
e
n
sp
a
c
e
in
t
o
pe
r
p
e
t
u
i
t
y
.
Im
p
l
e
m
e
n
t
a
t
i
o
n
of
th
e
av
o
i
d
a
n
c
e
,
mi
n
i
m
i
z
a
t
i
o
n
,
an
d
co
m
p
e
n
s
a
t
i
o
n
me
a
s
u
r
e
s
fo
r
th
e
CR
L
F
(s
e
e
di
s
c
u
s
s
i
o
n
ab
o
v
e
)
wo
u
l
d
ad
d
r
e
s
s
im
p
a
c
t
s
to
we
s
t
e
r
n
po
n
d
tu
r
t
l
e
s
.
Th
e
pr
o
j
e
c
t
pr
o
p
o
n
e
n
t
sh
a
l
l
al
s
o
im
p
l
e
m
e
n
t
th
e
fo
l
l
o
w
i
n
g
me
a
s
u
r
e
s
.
4.
4
-
5
Pr
i
o
r
t
o
th
e
st
a
r
t
of
c
o
n
s
t
r
u
c
t
i
o
n
,
th
e
pr
o
j
e
c
t
pr
o
p
o
n
e
n
t
sh
a
l
l
re
t
a
i
n
a
qu
a
l
i
f
i
e
d
bi
o
l
o
g
i
s
t
to
tr
a
i
n
co
n
s
t
r
u
c
t
i
o
n
pe
r
s
o
n
n
e
l
re
g
a
r
d
i
n
g
ha
b
i
t
a
t
se
n
s
i
t
i
v
i
t
y
,
id
e
n
t
i
f
i
c
a
t
i
o
n
of
sp
e
c
i
a
l
st
a
t
u
s
sp
e
c
i
e
s
,
an
d
re
q
u
i
r
e
d
pr
a
c
t
i
c
e
s
.
4.
4
-
6
Pr
i
o
r
to
th
e
st
a
r
t
of
co
n
s
t
r
u
c
t
i
o
n
wi
t
h
i
n
th
e
Ea
s
t
Br
a
n
c
h
Gr
e
e
n
Va
l
l
e
y
Cr
e
e
k
ri
p
a
r
i
a
n
ar
e
a
,
th
e
pr
o
j
e
c
t
pr
o
p
o
n
e
n
t
sh
a
l
l
re
t
a
i
n
a
qu
a
l
i
f
i
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d
bi
o
l
o
g
i
s
t
to
co
n
d
u
c
t
pr
e
-
c
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s
t
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c
t
i
o
n
su
r
v
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y
s
to
en
s
u
r
e
th
a
t
we
s
t
e
r
n
po
n
d
tu
r
t
l
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s
ar
e
ab
s
e
n
t
fr
o
m
th
e
co
n
s
t
r
u
c
t
i
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n
ar
e
a
.
If
we
s
t
e
r
n
po
n
d
tu
r
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l
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s
ar
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pr
e
s
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n
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l
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be
re
t
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e
d
to
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l
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a
t
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th
e
m
.
Im
p
a
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t
s
Co
n
s
t
r
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of
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pr
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re
s
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in
po
t
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im
p
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t
s
to
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s
t
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r
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.
Se
e
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p
a
c
t
fo
r
Mi
t
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g
a
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Me
a
s
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4.
4
-
5
DD
&
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Ma
y
20
1
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of
13
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a
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4.
4
-
7
If
we
s
t
e
r
n
po
n
d
tu
r
t
l
e
s
ar
e
fo
u
n
d
to
be
ab
s
e
n
t
fr
o
m
th
e
co
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s
t
r
u
c
t
i
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n
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n
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,
im
m
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d
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l
y
fo
l
l
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n
g
th
e
pr
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-
c
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s
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r
u
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t
i
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n
su
r
v
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y
s
th
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pr
o
j
e
c
t
pr
o
p
o
n
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n
t
sh
a
l
l
cl
e
a
r
th
e
co
n
s
t
r
u
c
t
i
o
n
zo
n
e
an
d
in
s
t
a
l
l
/
m
a
i
n
t
a
i
n
si
l
t
fe
n
c
i
n
g
ar
o
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n
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th
e
co
n
s
t
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fr
o
m
en
t
e
r
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th
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a
s
.
4.
4
-
8
Du
r
i
n
g
co
n
s
t
r
u
c
t
i
o
n
wi
t
h
i
n
th
e
Ea
s
t
Br
a
n
c
h
Gr
e
e
n
Va
l
l
e
y
Cr
e
e
k
ri
p
a
r
i
a
n
ar
e
a
,
th
e
pr
o
j
e
c
t
pr
o
p
o
n
e
n
t
sh
a
l
l
re
t
a
i
n
a
bi
o
l
o
g
i
c
a
l
mo
n
i
t
o
r
to
be
pr
e
s
e
n
t
on
s
i
t
e
du
r
i
n
g
ti
m
e
s
of
co
n
s
t
r
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t
i
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n
to
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r
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th
a
t
tu
r
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l
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ar
e
no
t
ha
r
m
e
d
,
in
j
u
r
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d
,
or
ki
l
l
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d
.
4.
4
-
9
To
th
e
ma
x
i
m
u
m
ex
t
e
n
t
pr
a
c
t
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c
a
b
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du
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th
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n
-
b
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s
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(S
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p
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b
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r
1
th
r
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g
h
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n
u
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y
31
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.
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it
is
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d
25
0
fe
e
t
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p
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,
if
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c
h
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s
t
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a
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du
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d
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a
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.
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14
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m
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15
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up
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ma
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of
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a
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de
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.
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f
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a
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l
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m
a
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in
pl
a
c
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fo
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th
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du
r
a
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of
th
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br
e
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se
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s
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l
it
ha
s
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6
of
13
DocuSign Envelope ID: B7269F56-A20D-4829-92BF-C3AB8F5BDFBF
x
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f
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Co
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th
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bu
r
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s
ca
n
be
co
l
l
a
p
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a
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a
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n
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d
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4
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1
2
Th
e
pr
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t
pr
o
p
o
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n
t
sh
a
l
l
re
p
l
a
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we
t
l
a
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d
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ri
p
a
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ha
b
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t
at
a
7:
1
re
p
l
a
c
e
m
e
n
t
-
t
o
-
l
o
s
s
ra
t
i
o
.
It
is
ex
p
e
c
t
e
d
th
a
t
al
l
co
m
p
e
n
s
a
t
i
o
n
me
a
s
u
r
e
s
ca
n
be
ac
c
o
m
m
o
d
a
t
e
d
wi
t
h
i
n
th
e
38
1
ac
r
e
s
o
f
th
e
si
t
e
pr
o
p
o
s
e
d
as
op
e
n
sp
a
c
e
.
Pr
i
o
r
to
is
s
u
a
n
c
e
of
a
gr
a
d
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pe
r
m
i
t
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th
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pr
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j
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c
t
pr
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p
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n
t
sh
a
l
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re
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a
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a
qu
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d
bi
o
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t
to
pr
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p
¿
r
e
an
on
s
i
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ha
b
i
t
a
t
mi
t
i
g
a
t
i
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d
mo
n
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n
(I
I
M
M
P
)
th
a
t
in
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l
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d
e
s
bo
t
h
an
aq
u
a
t
i
c
ha
b
i
t
a
t
re
s
t
o
r
a
t
i
o
n
pl
a
n
an
d
a
ri
p
a
r
i
a
n
ha
b
i
t
a
t
re
s
t
o
r
a
t
i
o
n
pl
a
n
.
Th
e
HM
M
P
wo
u
l
d
sp
e
c
i
f
i
c
a
l
l
y
ad
d
r
e
s
s
th
e
we
t
l
a
n
d
an
d
ri
p
a
r
i
a
n
ha
b
i
t
a
t
s
an
d
is
se
p
a
r
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t
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fr
o
m
th
e
Op
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n
Sp
a
c
e
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n
a
g
e
m
e
n
t
Pl
a
n
id
e
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t
i
f
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d
in
Mi
t
i
g
a
t
i
o
n
4.
4
-
4
,
al
t
h
o
u
g
h
th
e
r
e
ma
y
be
so
m
e
ov
e
r
l
a
p
.
Th
e
HM
M
P
sh
a
l
l
in
c
l
u
d
e
th
e
fo
l
l
o
w
i
n
g
co
m
p
o
n
e
n
t
s
,
at
a
mi
n
i
m
u
m
:
a.
De
f
i
n
e
th
e
lo
c
a
t
i
o
n
of
al
l
re
s
t
o
r
a
t
i
o
n
/
c
r
e
a
t
i
o
n
ac
t
i
v
i
t
i
e
s
;
b.
Pr
o
v
i
d
e
ev
i
d
e
n
c
e
of
a
su
i
t
a
b
l
e
wa
t
e
r
bu
d
g
e
t
to
su
p
p
o
r
t
an
y
cr
e
a
t
e
d
we
t
l
a
n
d
an
d
ri
p
a
r
i
a
n
ha
b
i
t
a
t
s
;
c.
Id
e
n
t
i
f
u
th
e
sp
e
c
i
e
s
,
am
o
u
n
t
,
an
d
lo
c
a
t
i
o
n
of
pl
a
n
t
s
to
be
in
s
t
a
l
l
e
d
;
d.
Id
e
n
t
i
f
u
th
e
ti
m
e
of
ye
a
r
fo
r
pl
a
n
t
i
n
g
an
d
me
t
h
o
d
fo
r
su
p
p
l
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m
e
n
t
a
l
wa
t
e
r
i
n
g
du
r
i
n
g
th
e
es
t
a
b
l
i
s
h
m
e
n
t
pe
r
i
o
d
;
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Id
e
n
t
i
f
f
th
e
mo
n
i
t
o
r
i
n
g
pe
r
i
o
d
,
wh
i
c
h
sh
o
u
l
d
be
no
t
le
s
s
th
a
n
5
ye
a
r
s
fo
r
we
t
l
a
n
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s
t
o
r
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t
i
o
n
an
d
no
t
le
s
s
th
a
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ye
a
r
s
fo
r
ri
p
a
r
i
a
n
re
s
t
o
r
a
t
i
o
n
,
de
f
i
n
e
s
su
c
c
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s
s
cr
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t
e
r
i
a
th
a
t
wi
l
l
be
re
q
u
i
r
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d
fo
r
th
e
we
t
l
a
n
d
re
s
t
o
r
a
t
i
o
n
to
be
de
e
m
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d
a
su
c
c
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s
s
;
f.
Id
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n
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f
f
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m
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p
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m
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n
t
a
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r
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re
p
a
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r
of
wa
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de
l
i
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y
sy
s
t
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m
s
)
of
th
e
pr
o
p
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s
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d
GH
A
D
;
an
d
h.
Pr
o
v
i
d
e
fo
r
as
s
u
r
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n
c
e
in
fu
n
d
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g
th
e
mo
n
i
t
o
r
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n
g
an
d
en
s
u
r
i
n
g
th
a
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th
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cr
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d
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t
l
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d
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p
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a
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ha
b
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t
h
i
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la
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d
s
to
be
pr
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s
e
r
v
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d
an
d
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d
in
t
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r
p
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e
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s
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s
.
4.
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to
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me
a
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pr
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s
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a
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in
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th
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4
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4
DD
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ha
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4.
4
-
1
6
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n
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th
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4.
4
-
1
7
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14
th
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h
4.
4
-
1
6
as
ap
p
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c
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b
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4.
5
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l
If
d
u
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of
p
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or
hu
m
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m
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ar
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ac
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n
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s
c
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v
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r
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d
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s
t
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,
wo
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k
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q
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d
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d
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4.
4
-
1
4
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p
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t
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to
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a
b
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l
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in
t
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c
t
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n
wo
u
l
d
re
q
u
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r
e
th
e
re
m
o
v
a
l
of
18
tr
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e
s
wi
t
h
i
n
th
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w
n
ri
g
h
t
-
o
f
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w
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,
wh
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c
h
re
p
r
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s
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n
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s
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t
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p
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t
.
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n
s
t
r
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of
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pr
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j
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t
ma
y
re
s
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l
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in
th
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di
s
c
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s
t
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m
a
n
re
m
a
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s
.
DD
&
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Ma
y
20
1
9
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4.
5
-
3
If
du
r
i
n
g
th
e
co
u
r
s
e
of
p
r
o
j
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c
t
co
n
s
t
r
u
c
t
i
o
n
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pa
l
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n
t
o
l
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g
i
c
a
l
re
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r
c
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ar
e
ac
c
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d
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n
t
a
l
l
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s
c
o
v
e
r
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d
du
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n
g
co
n
s
t
r
u
c
t
i
o
n
,
wo
r
k
sh
a
l
l
be
ha
l
t
e
d
wi
t
h
i
n
20
fe
e
t
of
th
e
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n
d
un
t
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l
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qu
a
l
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pr
o
f
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s
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pa
l
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o
n
t
o
l
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g
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s
t
ca
n
ev
a
l
u
a
t
e
it
.
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r
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sh
a
l
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no
t
re
c
o
m
m
e
n
c
e
un
t
i
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th
e
pr
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j
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pa
l
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o
n
t
o
l
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i
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t
ha
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su
b
m
i
t
t
e
d
do
c
u
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n
t
a
t
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o
n
to
th
e
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w
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in
d
i
c
a
t
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n
g
th
a
t
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s
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v
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r
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d
re
s
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ha
v
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be
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ad
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q
u
a
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l
y
sa
l
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g
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d
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d
no
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r
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r
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ha
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id
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t
h
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of
di
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r
b
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n
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4.
6
-
l
In
or
d
e
r
to
re
d
u
c
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wi
n
d
an
d
wa
t
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r
er
o
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on
th
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pr
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t
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t
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,
an
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co
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t
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Pr
e
v
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t
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Pl
a
n
(S
W
P
P
P
)
sh
a
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be
pr
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p
a
r
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d
fo
r
th
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p
a
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mi
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me
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4.
8
-
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in
4.
8
Hy
d
r
o
l
o
g
y
an
d
Wa
t
e
r
Qu
a
l
i
t
y
)
.
Th
e
pr
o
j
e
c
t
ap
p
l
i
c
a
n
t
sh
a
l
l
pr
e
p
a
r
e
an
er
o
s
i
o
n
co
n
t
r
o
l
pl
a
n
in
ac
c
o
r
d
a
n
c
e
wi
t
h
th
e
To
w
n
'
s
Er
o
s
i
o
n
Co
n
t
r
o
l
Or
d
i
n
a
n
c
e
.
Th
e
pr
o
j
e
c
t
pr
o
p
o
n
e
n
t
sh
a
l
l
im
p
l
e
m
e
n
t
th
e
fo
l
l
o
w
i
n
g
me
a
s
u
r
e
s
,
wh
e
r
e
ap
p
r
o
p
r
i
a
t
e
,
to
co
n
t
r
o
l
er
o
s
i
o
n
:
1)
ke
e
p
co
n
s
t
r
u
c
t
i
o
n
ma
c
h
i
n
e
r
y
of
f
of
es
t
a
b
l
i
s
h
e
d
ve
g
e
t
a
t
i
o
n
as
mu
c
h
as
po
s
s
i
b
l
e
,
es
p
e
c
i
a
l
l
y
th
e
ve
g
e
t
a
t
i
o
n
on
th
e
up
w
i
n
d
si
d
e
of
th
e
co
n
s
t
r
u
c
t
i
o
n
si
t
e
;
2)
es
t
a
b
l
i
s
h
sp
e
c
i
f
i
c
ac
c
e
s
s
ro
u
t
e
s
at
th
e
pl
a
n
n
i
n
g
ph
a
s
e
of
t
h
e
pr
o
j
e
c
t
,
an
d
li
m
i
t
s
of
gr
a
d
i
n
g
pr
i
o
r
to
de
v
e
l
o
p
m
e
n
t
,
wh
i
c
h
sh
o
u
l
d
be
st
r
i
c
t
l
y
ob
s
e
r
v
e
d
;
3)
ut
i
l
i
z
e
me
c
h
a
n
i
c
a
l
me
a
s
u
r
e
s
(i
.
e
.
,
wa
l
l
s
fr
o
m
sa
n
d
ba
g
s
an
d
/
o
r
wo
o
d
e
n
sl
a
t
or
fa
b
r
i
c
fe
n
c
e
s
)
to
re
d
u
c
e
sa
n
d
mo
v
e
m
e
n
t
;
4)
im
m
e
d
i
a
t
e
re
-
v
e
g
e
t
a
t
i
o
n
(p
l
u
s
th
e
us
e
of
te
m
p
o
r
a
r
y
st
a
b
i
l
i
z
i
n
g
sp
r
a
y
s
)
,
to
ke
e
p
sa
n
d
mo
v
e
m
e
n
t
to
a
mi
n
i
m
u
m
;
an
d
5)
fo
r
la
r
g
e
r
-
sc
a
l
e
co
n
s
t
r
u
c
t
i
o
n
,
fa
b
r
i
c
or
wo
o
d
e
n
sl
a
t
fe
n
c
e
s
sh
o
u
l
d
be
pl
a
c
e
d
ar
o
u
n
d
th
e
co
n
s
t
r
u
c
t
i
o
n
lo
c
a
t
i
o
n
to
re
d
u
c
e
sa
n
d
mo
v
e
m
e
n
t
.
Th
i
s
er
o
s
i
o
n
co
n
t
r
o
l
pl
a
n
sh
a
l
l
be
su
b
m
i
t
t
e
d
to
th
e
To
w
n
of
Da
n
v
i
l
l
e
fo
r
re
v
i
e
w
an
d
ap
p
r
o
v
a
l
pr
i
o
r
to
is
s
u
a
n
c
e
of
a
gr
a
d
i
n
g
pe
r
m
i
t
.
4.
7
-
I
In
or
d
e
r
to
mi
n
i
m
i
z
e
po
t
e
n
t
i
a
l
hu
m
a
n
he
a
l
t
h
ha
z
a
r
d
s
as
s
o
c
i
a
t
e
d
wi
t
h
th
e
hi
s
t
o
r
i
c
a
l
us
e
of
ha
z
a
r
d
o
u
s
ma
t
e
r
i
a
l
s
.
o
n
po
r
t
i
o
n
s
of
th
e
pr
o
j
e
c
t
si
t
e
,
th
e
pr
o
j
e
c
t
pr
o
p
o
n
e
n
t
sh
a
l
l
re
t
a
i
n
a
tr
a
i
n
e
d
pr
o
f
e
s
s
i
o
n
a
l
to
pr
e
p
a
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a
Si
t
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Ma
n
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m
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t
Pl
a
n
to
ma
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a
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th
e
Im
p
a
c
t
s
Co
n
s
t
r
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of
th
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pr
o
j
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c
t
ma
y
re
s
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c
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of
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p
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d
to
th
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w
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n
v
i
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e
,
pr
i
o
r
to
th
e
is
s
u
a
n
c
e
of
an
y
gr
a
d
i
n
g
pe
r
m
i
t
,
de
m
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n
s
t
r
a
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th
a
t
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l
ne
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s
s
a
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n
e
d
i
a
l
ac
t
i
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s
ha
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e
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m
p
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d
pu
r
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p
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o
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d
Si
t
e
Ma
n
a
g
e
m
e
n
t
Pl
a
n
.
At
a
mi
n
i
m
u
m
,
th
e
Si
t
e
Ma
n
a
g
e
m
e
n
t
Pl
a
n
sh
a
l
l
in
c
l
u
d
e
1)
th
e
co
l
l
e
c
t
i
o
n
an
d
ch
e
m
i
c
a
l
an
a
l
y
s
i
s
of
so
i
l
sa
m
p
l
e
s
fr
o
m
th
e
fo
r
m
e
r
US
T
lo
c
a
t
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n
an
d
2)
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c
a
v
a
t
i
o
n
an
d
so
i
l
s
ch
a
r
a
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t
e
r
i
z
a
t
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o
n
to
co
n
f
i
r
m
th
a
t
su
f
F
r
c
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n
t
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l
s
re
m
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s
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c
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r
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e
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fo
r
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s
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d
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e
v
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t
e
d
4,
4
-
D
D
E
at
lo
c
a
t
i
o
n
SB
-
3
,
an
d
3)
pr
o
p
e
r
re
m
o
v
a
l
an
d
di
s
p
o
s
a
l
of
al
l
ha
z
a
r
d
o
u
s
ma
t
e
r
i
a
l
s
on
th
e
si
t
e
,
in
c
l
u
d
i
n
g
co
n
t
a
m
i
n
a
t
e
d
so
i
l
s
,
ch
e
m
i
c
a
l
co
n
t
a
i
n
e
r
s
ob
s
e
r
v
e
d
in
th
e
st
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r
a
g
e
sh
e
d
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d
he
r
b
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c
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r
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t
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ap
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s
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s
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l
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c
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l
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t
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4.
8
-
1
In
or
d
e
r
to
av
o
i
d
wa
t
e
r
qu
a
l
i
t
y
im
p
a
c
t
s
,
a
St
o
r
m
Wa
t
e
r
Po
l
l
u
t
i
o
n
Pr
e
v
e
n
t
i
o
n
Pl
a
n
(S
W
P
P
P
)
sh
a
l
l
be
pr
e
p
a
r
e
d
fo
r
th
e
si
t
e
pr
e
p
a
r
a
t
i
o
n
,
co
n
s
t
r
u
c
t
i
o
n
,
an
d
po
s
t
-
c
o
n
s
t
r
u
c
t
i
o
n
pe
r
i
o
d
s
.
Th
e
SW
P
P
P
sh
a
l
l
in
c
o
r
p
o
r
a
t
e
be
s
t
ma
n
a
g
e
m
e
n
t
pr
a
c
t
i
c
e
s
co
n
s
i
s
t
e
n
t
wi
t
h
th
e
re
q
u
i
r
e
m
e
n
t
s
of
th
e
Na
t
i
o
n
a
l
Po
l
l
u
t
i
o
n
Di
s
c
h
a
r
g
e
El
i
m
i
n
a
t
i
o
n
Sy
s
t
e
m
(N
P
D
E
S
)
Mu
n
i
c
i
p
a
l
St
o
r
m
w
a
t
e
r
þe
r
m
i
t
(N
o
.
C4
S
6
1
2
0
0
8
)
.
Th
e
pr
o
j
e
c
t
pr
o
p
o
n
e
n
t
sh
a
l
l
ob
t
a
i
n
aN
P
D
E
S
Ge
n
e
r
a
l
Co
n
s
t
r
u
c
t
i
o
n
Pe
r
m
i
t
an
d
pr
e
p
a
r
e
th
e
SW
P
P
P
in
ac
c
o
r
d
a
n
c
e
wi
t
h
al
l
le
g
a
l
re
q
u
i
r
e
m
e
n
t
s
,
pr
i
o
r
to
th
e
is
s
u
a
n
c
e
of
a
gr
a
d
i
n
g
pe
r
m
i
t
.
Ad
d
i
t
i
o
n
a
l
re
q
u
i
r
e
m
e
n
t
s
fo
r
er
o
s
i
o
n
co
n
t
r
o
l
ar
e
de
t
a
i
l
e
d
in
mi
t
i
g
a
t
i
o
n
me
a
s
u
r
e
4.
6
-
1
in
4.
6
Ge
o
t
e
c
h
n
i
c
a
l
an
d
Ge
o
l
o
g
i
c
Ha
z
a
r
d
s
.
4,
1
1
-
l
Th
e
ap
p
l
i
c
a
n
t
sh
a
l
l
pa
y
a
sc
h
o
o
l
im
p
a
c
t
fe
e
pu
r
s
u
a
n
t
to
th
e
cr
i
t
e
r
i
a
se
t
fo
r
t
h
wi
t
h
i
n
Ca
l
i
f
o
r
n
i
a
Go
v
e
r
n
m
e
n
t
Co
d
e
Se
c
t
i
o
n
65
9
9
5
.
Pr
i
o
r
to
th
e
is
s
u
a
n
c
e
of
bu
i
l
d
i
n
g
pe
r
m
i
t
s
,
th
e
ap
p
l
i
c
a
n
t
sh
a
l
l
pa
y
re
q
u
i
r
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DocuSign Envelope ID: B7269F56-A20D-4829-92BF-C3AB8F5BDFBF