HomeMy WebLinkAbout055-2019DocuSign Envelope ID: 1E3F4FE3-7B2F-467B-8961-FD77361AA12A
RESOLUTION NO. 55-2019
CERTIFYING A FINAL ENVIRONMENTAL IMPACT REPORT AND APPROVING
GENERAL PLAN AMENDMENT, MAJOR SUBDIVISION, FINAL DEVELOPMENT
PLAN, AND TREE REMOVAL PERMIT REQUESTS ALLOWING
FOR THE DEVELOPMENT OF A 37 -UNIT TOWNHOUSE
PROJECT ON A 1.88 ACRE SITE LOCATED
AT 359 AND 375 WEST EL PINTADO
(GMMR, LLC)
WHEREAS, GMMR LLC (Owner) and TALMONT HOMES (Applicant) have requested
approval of a General Plan Amendment (GPA2015-0001), Preliminary Development Plan
- Rezoning (PUD2015-0001), Major Subdivision, and a Final Development Plan (DP2015-
0065) to allow for the development of a maximum 37 -unit townhouse development. The
General Plan Amendment request pertains to the 359 West El Pintado parcel only (.29
acres) and would amend the Town's General Plan Land Use Designation from Residential
- Single Family - Low Density (1-3 units per acre) to a Mixed Use Land Use Designation.
The Preliminary Development Plan - Rezoning request would rezone the project site to a
new P-1; Planned Unit Development District, and the Major Subdivision would subdivide
the site creating a maximum of 37 townhomes. The Final Development Plan would
provide for the approval of project architecture, site design, and landscape design. A Tree
Removal application (TR2015-0039) is also required to allow for the removal of 7 Town -
Protected trees; and
WHEREAS, the development applications were defined a "Project" under the California
Environmental Quality Act (CEQA) and the Town of Danville determined that
preparation of an Environmental Impact Report (EIR) for the project would be required;
and
WHEREAS, the Town of Danville prepared and circulated a Notice of Preparation (NOP)
on January 22, 2016, for a 30 -day review period ending on February 22, 2016, 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 and the EIR was
assigned the Clearinghouse Number 2016012045; and
WHEREAS, the Town of Danville held a publicly noticed scoping session on the EIR on
February 9, 2016; and
WHEREAS, the Town of Danville subsequently completed a Draft Environmental Impact
Report (Draft EIR) in accordance with CEQA; and
DocuSign Envelope ID: 1 E3F4FE3-7B2F-467B-8961-FD77361AA12A
WHEREAS, on July 30, 2018, the Draft EIR was released by the Town of Danville to the
public and interested agencies for a 45 -day review period, which ended on September 14,
2018; and
WHEREAS, notice was mailed to approximately 148 addresses advising of the
availability of the Draft EIR for public review and of the public hearing to allow
comments on the Draft EIR which occurred on September 11, 2018; and
WHEREAS, the Town of Danville prepared a Final Environmental Impact Report (Final
EIR) and released it to the public and interested agencies on January 12, 2019; and
WHEREAS, on January 22, 2019, the Planning Commission held a public hearing to
consider the Final EIR and the development application; and
WHEREAS, a staff report was submitted recommending that the Planning Commission
recommend the Town Council certify the Final EIR, adopt findings of fact, mitigation
measures and a Mitigation Monitoring and Reporting Program and approve the
development applications; and
WHEREAS, at that meeting, the Planning Commission expressed concerns regarding the
project's on-site parking, potential traffic impacts, and potential bicycle and pedestrian
safety impacts, and continued the item to an unspecified future date; and
WHEREAS, on June 11, 2019, the Planning Commission held a public hearing to consider
the Final EIR and the development application; and
WHEREAS, at that meeting, the Planning Commission approved Resolution No. 2019-01
recommending that the Town Council certify the Final EIR and approve the project on a
4-3 vote; and
WHEREAS, on July 16, 2019, the Town Council held a public hearing to consider the EIR
and the development application; and
WHEREAS, after the conclusion of the public hearings on the EIR and Project, the Town
Council determined that the Draft EIR and Final EIR (collectively, the EIR) have been
prepared in compliance with CEQA; and
WHEREAS, the Town Council reviewed and considered the information contained in the
EIR and the testimony presented at the public hearings prior to taking an action on the
Project; and
WHEREAS, the Town Council finds that the EIR reflects its independent judgment and
analysis; and
PAGE 2 OF RESOLUTION NO. 55-2019
DocuSign Envelope ID: 1E3F4FE3-7B2F-467B-8961-FD77361AA12A
WHEREAS, the Town Council finds that all feasible mitigation measures were
considered and recommended for adoption; 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
administrative record, including the EIR and other documentation relating to the Final
EIR and the development application; and
WHEREAS, the required CEQA Findings are attached to this Resolution as Exhibit 1 and
the required Mitigation Monitoring and Reporting Program is attached as Exhibit 2 of
this Resolution; now, therefore, be it
RESOLVED that the Town Council make the following findings:
Section 1. The Town Council finds that the EIR has been prepared in compliance with
CEQA, and reflects the independent judgment and analysis of the Town of Danville.
Section 2. The Town Council declares that it has made a reasonable and good faith effort
to eliminate or substantially mitigate, through adoption of all feasible mitigation
measures, all potential negative impacts that may result from the development
application.
Section 3. The Town Council concurs with the CEQA Findings contained in Exhibit 1 to
this Resolution and incorporated herein by this reference. The Town Council also herein
incorporates the project's Mitigation Monitoring and Reporting Program attached as
Exhibit 2 to this Resolution.
Section 4. The Town Council Certifies the EIR and approves the development
application.
Section 5. The Town Council authorize that a Notice of Determination be filed within
five working days of approval of the development application.
And, be it further
RESOLVED, that the Town Council approves General Plan Amendment (GPA2015-
0001), Preliminary Development Plan - Rezoning (PUD2015-0001), Major Subdivision,
Final Development Plan (DP2015-0065), and Tree Removal permit TR15-0039, and makes
the following findings in support of these actions:
PAGE 3 OF RESOLUTION NO. 55-2019
DocuSign Envelope ID: 1 E3F4FE3-7B2F-467B-8961-FD77361AA12A
FINDINGS OF APPROVAL
Preliminary Development Plan - Rezoning
1. The proposed Rezoning would substantially comply with the Danville 2030
General Plan and further finds that the rezoning for residential development is
within the maximum permitted density under the property's General Plan land
use designation and because the proposed development is consistent with the
direction provided within the 2030 General Plan under the GMMR LLC Special
Concern Area. Both of these designations permit residential units at a density of
20-25 units per acre.
2. The uses authorized or proposed in the land use district are compatible within the
district and to uses authorized in adjacent districts. The proposed infill housing is
an efficient development pattern consistent with surrounding residential and
commercial developments and will add to existing infrastructure that services the
adjacent single family residential uses.
3. Community need has been demonstrated for the use proposed. The location,
density, size and type of proposed use are compatible with the existing uses in the
surrounding neighborhood because it is an infill site that is compatible with
existing development in the area and will provide housing in an area that is largely
built out.
Final Development Plan - Major Subdivision
1. The proposed subdivision is in substantial conformance with the goals and
policies of the Danville 2030 General Plan and the site's Mixed Use land use
designation which allows multiple family residential development in the range of
20-25 units per acre.
2. The design of the proposed subdivision is in conformance with the P-1; Planned
Unit Development District since the subject P-1; Planned Unit Development
District is customized to the subject development. The P-1; Planned Unit
Development District is listed as a consistent zoning designation under the site's
Mixed Use land use designation.
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
and services will be available to the parcels. The project has been reviewed by the
San Ramon Valley Fire Protection District, Central Contra Costa Sanitary District,
East Bay Municipal Utility District, and the Town's Building Division and it was
determined that the site is adequately served by public facilities and services. In
addition, the Final EIR prepared for the project did not find any potential
significant impacts related to the provision of public services.
PAGE 4 OF RESOLUTION NO. 55-2019
DocuSign Envelope ID: 1 E3F4FE3-7B2F-467B-8961-FD77361AA12A
4. The density of the subdivision is physically suitable for the subject site and
surrounding neighborhood because the proposed development is similar in size
and density to the residential development adjacent to the site to the west, and is
compatible on scale to the commercial development to the north and east. The
project provides for an adequate buffer and transition to the single family
residential area to the south.
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, in part because the project site is an area where development has
previously occurred. Biological resources were reviewed as part of the EIR
prepared for the project and found that the development would not have a
significant impact on biological resources with mitigation incorporated.
6. The design of the proposed subdivision and proposed improvements would 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 subject properties.
Tree Removal Permit
The project as proposed would remove 43 trees. Of the 43 trees to be removed, seven have
been determined to be protected trees under the provision of the Town's Tree
Preservation Ordinance.
The findings below address only the seven trees designated as protected under the
Town's Tree Preservation Ordinance. The 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 Town -protected trees is that
preservation of those trees would be inconsistent with the proposed residential
development of the property, including the creation of a new roadway system and
grading to create residential development pads.
2. Erosion/ surface water flow. Removal of the Town -protected trees will not cause
significant soil erosion or cause a significant diversion or increase in the flow of
surface water.
3. Visual effects. With respect to other trees in the area, the project site contains a
significant number of additional trees, including additional Town -protected Oak
trees that would not be removed for the project. In addition, the project proponent
will be required to replace all Town -protected trees to be removed with trees of an
approved species and of a cumulative number and diameter necessary to equal
PAGE 5 OF RESOLUTION NO. 55-2019
DocuSign Envelope ID: 1 E3F4FE3-7B2F-467B-8961-FD77361AA12A
the diameter of the tree(s) which have been approved for removal in accordance
with the Town's Tree Preservation Ordinance. Tree replacement will be conducted
in accordance with the Town's requirements, including planting a mixture of small
and large box trees to meet the cumulative diameter number of the removed trees.
The project proponent will also be required to replace all non -ordinance -species
or size trees (i.e., trees less than 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.
Removal of the 43 trees, including seven Town -protected trees, will 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
Final Environmental Impact Report prepared for the project.
Unless otherwise specified, the following conditions shall be complied with prior to the
Town Council approval of the initial final map or issuance of a building permit for the
project. Each item is subject to review and approval by the Planning Division unless
otherwise specified.
A. GENERAL
1. This approval is for a General Plan Amendment (GPA2015-0001),
Preliminary Development Plan - Rezoning (PUD2015-0001), Major
Subdivision, and a Final Development Plan (DP2015-0065) to allow for the
development of a maximum 37 -unit townhouse development. The General
Plan Amendment request pertains to the 359 West El Pintado parcel only
(.29 acres) and would amend the Town's General Plan Land Use
Designation from Residential - Single Family - Low Density (1-3 units per
acre) to a Mixed Use Land Use Designation. The Preliminary Development
Plan - Rezoning request would rezone the project site to a new P-1; Planned
Unit Development District, and the Major Subdivision would subdivide the
site creating a maximum of 37 townhomes. The Final Development Plan
would provide for the approval of project architecture, site design, and
landscape design. A Tree Removal application (TR2015-0039) is also
required to be approved to allow for the removal of 7 Town -Protected trees.
Development shall be substantially as shown on the project drawings as
follows, except as may be modified by conditions contained herein;
PAGE 6 OF RESOLUTION NO. 55-2019
DocuSign Envelope ID: 1E3F4FE3-7B2F-467B-8961-FD77361AA12A
a. Preliminary Architectural Plans, Floor Plans, and Landscape Plans
consisting of 22 sheets, as prepared by Talmont Homes and dated
received by the Planning Division on January 16, 2019.
b. Vesting Tentative Map, Preliminary Grading and Drainage Plans,
Site Section drawings, and Stormwater Pollution Control Plan
consisting of nine sheets, as prepared by Talus Engineering and
dated received by the Planning Division on January 16, 2019.
c. Final Environmental Impact Report prepared by Rincon
Consultants, Inc. (SCH#2016012045).
* 2. The following fees are due at final map approval for the above-
mentioned development:
1. Map Check Fee (based upon 9 parcels) $ 4,291.00
2. Improvement Plan Check Fee %3 of cost estimate
3. Engineering Inspection Fee %5 of cost estimate
4. Grading Plan Check, Inspection & Permit TBD
4. Base Map Revision Fee (based on (parcels) $ 846.00
5. Park Land in Lieu Fee (based on 36 units) .. $ 236,452.00
6. Excavation Mitigation Fee (SR) $ 7, 030.00
The following fees are due at building permit issuance:
1. Child Care Facilities Fee $ 115/unit
2. Finish Grading Inspection Fee $ 198/building
3. Stormwater Pollution Program Fee $ 228/building
4. SCC Regional Fee $ 1,404/unit
5. SCC Sub -Regional Fee $ 3,873/unit
6. Residential TIP Fee $ 1,400/unit
7. Tri -Valley Transportation Fee $ 3,070.59/unit*
*Affordable units are exempt from this fee
3. Prior to issuance of a building permit, the applicant shall reimburse the
Town for notification costs. The fee shall be $ 1,134.
* 4. Prior to the issuance of grading or building permits, the applicant shall
submit written documentation that all requirements of the San Ramon
Valley Fire Protection District (SRVFPD) and the San Ramon Valley Unified
School District have been, or will be, met to the satisfaction of these
respective agencies.
PAGE 7 OF RESOLUTION NO. 55-2019
DocuSign Envelope ID: 1 E3F4FE3-7B2F-467B-8961-FD77361AA12A
5. 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. This check shall be made payable to the Contra Costa
County Recorder's Office and shall be submitted to the Town within five
working days of project approval.
6. Prior to the commencement of ground disturbance, including site preparation and
grading activities, the applicant will ensure that all construction workers are
trained to recognize archaeological resources (e.g., obsidian and chert flakes and
chipped stone tools; grinding and mashing implements such as slabs and
handstones, and mortars and pestles; bedrock outcrops and boulders with mortar
cups; and locally darkened midden soils containing some of the previously listed
items plus fragments of bone, shellfish, and fire affected stones; fragments of glass,
ceramic, and metal objects; milled and split lumber; and structure and feature
remains such as building foundations and discrete trash deposits). The cultural
resources awareness training shall be conducted by a qualified professional
archaeologist with experience in training non -specialists. A record of completion of
cultural resources awareness training for all construction workers shall be
submitted to the Town of Danville prior to the issuance of a grading permit, and a
copy of the training completion record shall be maintained onsite for the duration
of construction activities.
7. If previously unidentified cultural resources are encountered during construction
or land disturbance activities, work shall stop within 50 feet of the find and the
Town of Danville shall be notified at once to assess the nature, extent, and potential
significance of any cultural resource find. The applicant shall retain a qualified
archaeologist to implement a Phase II subsurface testing program to determine the
resource boundaries, assess the integrity of the resource, and evaluate the resource's
significance through a study of its features and artifacts. If the resource is
determined significant, the Town of Danville may choose to allow the capping of
the area containing the resource using culturally sterile and chemically neutral fill
material. If such capping occurs, then a qualified archaeologist shall be retained to
monitor the placement of fill upon the resource. If a significant resource will not be
capped, the results and recommendations of the Phase II study shall determine the
need for a Phase III data recovery program designed to record and remove
significant cultural materials that could otherwise be tampered with. If the resource
is determined to be not significant, no capping and/or further archaeological
investigation or mitigation shall be required. The results and recommendations of
the Phase II study shall determine the need for construction monitoring. If
monitoring is warranted, a qualified archaeologist shall be retained by the applicant
to be present during all earth moving activities that have the potential to affect
archaeological or historical resources. A monitoring report shall be submitted to the
Town upon completion of construction.
PAGE 8 OF RESOLUTION NO. 55-2019
DocuSign Envelope ID: 1 E3F4FE3-7B2F-467B-8961-FD77361AA12A
8. If previously unidentified human remains are encountered during project
construction, State Health and Safety Code Section 7050.5 shall be adhered to,
which requires that no further disturbance shall occur until the County Coroner
has made the necessary findings as to origin and disposition pursuant to Public
Resources Code Section 5097.98. If the remains are determined to be of Native
American descent, the coroner has 24 hours to notify the Native American Heritage
Association (NAHC). The NAHC would then identify the person(s) thought to be
the Most Likely Descendent (MLD) of the deceased Native American, who would
then help determine what course of action should be taken in dealing with the
remains.
* 9. Construction activity shall be restricted to the period between the weekday
hours of 7:30 a.m. to 5:30 p.m. (Monday through Friday), unless otherwise
approved in writing by the City Engineer for general construction activity
and the Chief Building Official for building construction activity.
10. At a minimum, all on-site structures shall include the following to achieve an
acceptable interior noise level:
• Air conditioning or a mechanical forced—air ventilation system so that windows
and doors may remain closed
• Double -paned windows and sliding glass doors mounted in low air infiltration
rate frames (0.5 cubic feet per minute, per ANSI specifications)
• Solid core exterior doors with perimeter weather stripping and threshold seals
• Roof and attic vents facing away from 1-680
11. The applicant shall apply the following measures during construction of the project.
• Construction Staging. The contractor shall provide staging areas on-site to
minimize off-site transportation of heavy construction equipment. These areas
shall be located to maximize the distance between activity and sensitive
receptors. This would reduce noise levels associated with most types of idling
construction equipment.
• Mufflers. Construction equipment shall be properly maintained and all internal
combustion engine driven machinery with intake and exhaust mufflers and
engine shrouds, as applicable, shall be in good condition and appropriate for the
equipment. During construction, all equipment, fixed or mobile, shall be
operated with closed engine doors and shall be equipped with properly operating
and maintained mufflers, consistent with manufacturers' standards.
• Electrical Power. Electrical power, rather than diesel equipment, shall be used
to run compressors and similar power tools and to power any temporary
structures, such as construction trailers or caretaker facilities.
• Equipment Staging. All stationary equipment shall be staged as far away from
the adjacent multi family residential development as feasible.
• Equipment Idling. Construction vehicles and equipment shall not be left idling
for longer than five minutes when not in use.
PAGE 9 OF RESOLUTION NO. 55-2019
DocuSign Envelope ID: 1 E3F4FE3-7B2F-467B-8961-FD77361AA12A
• Workers' Radios. All noise from workers' radios shall be controlled to a point
that they are not audible at sensitive receptors near construction activity.
• Smart Back-up Alarms. Mobile construction equipment shall have smart
back-up alarms that automatically adjust the sound level of the alarm in response
to ambient noise levels. Alternatively, back-up alarms shall be disabled and
replaced with human spotters to ensure safety when mobile construction
equipment is moving in the reverse direction.
• Disturbance Coordinator. The applicant shall designate a disturbance
coordinator who shall be responsible for responding to any local complaints
about construction noise. The noise disturbance coordinator shall determine the
cause of the noise complaint (e.g., starting too early, bad muffler, etc.) and shall
require that reasonable measures warranted to correct the problem be
implemented. A telephone number for the disturbance coordinator shall be
conspicuously posted at the construction site.
• Construction Notice. Two weeks prior to the commencement of construction
and grading at the project site, the applicant shall install a 3 -foot by 3 -foot sign
at the project entry that discloses the allowable construction work days and
hours, the planned construction schedule, and the contact name and phone
number for residents to call for construction noise related complaints. All
reasonable concerns shall be rectified within 24 hours of receipt.
* 12. The applicant shall provide security fencing, to the satisfaction of the City
Engineer and/or the Chief Building Official, around the site during
construction of the project.
* 13. A watering program which incorporates the use of a dust suppressant, and
which complies with Regulation 2 of the Bay Area Air Quality Management
District shall be established and implemented for all on and off-site
construction activities. Equipment and human resources for watering all
exposed or disturbed soil surfaces shall be supplied on weekends and
holidays as well as workdays. Dust -producing activities shall be
discontinued during high wind periods.
* 14. All physical improvements shall be in place prior to occupancy of any
structure in the project. If occupancy within the project is requested to
occur in phases, all physical improvements shall be required to be in place
prior to occupancy except for items specifically excluded in a construction -
phases occupancy plan approved by the Planning Division. No structure
shall be occupied until construction activity in the adjoining area is
complete and the area is safe, accessible, provided with all reasonably
expected services and amenities, and appropriately separated from
remaining additional construction activity. A temporary vehicular
turnaround shall be provided at the end of the completed section of loop
roadway to allow separation of resident traffic and construction traffic.
PAGE 10 OF RESOLUTION NO. 55-2019
DocuSign Envelope ID: 1 E3F4FE3-7B2F-467B-8961-FD77361AA12A
15. The applicant shall submit a written Compliance Report detailing how the
conditions of approval for this project have been complied with as part of
the initial submittal for the final map, plan check, 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 applicant must sign the
report. 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.
* 16. Planning Division sign -off is required prior to final Building Inspection
sign -off.
17. The applicant shall be responsible for washing the exterior of abutting
residences and businesses, and cleaning pools, patios, etc. at the completion
of each phase of project mass grading activity. The residences to receive
cleaning, the extent of the cleaning efforts to be performed, and the timing
(and frequency) of such cleaning shall be subject to review and approval by
the Planning Division.
B. SITE PLANNING
* 1. All lighting shall be installed in such a manner that lighting is generally
down directed and glare is directed away from surrounding properties and
rights-of-way.
* 2. 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.
3. As part of the development, the developer shall provide vehicular electrical
charging stations for assigned surface parking spaces. The final number and
locations shall be subject to review and approval by the Town prior to
recordation of the final map.
C. LANDSCAPING
* 1. Final landscape and irrigation plans shall be submitted for review and
approval by the Planning Division. The plan shall include common names
of all plant materials and shall indicate the size that various plant materials
will achieve within a five-year period of time.
PAGE 11 OF RESOLUTION NO. 55-2019
DocuSign Envelope ID: 1 E3F4FE3-7B2F-467B-8961-FD77361AA12A
2. All plant material shall be served by an automatic underground irrigation
system and maintained in a healthy growing condition. Irrigation shall
comply with Town of Danville Landscape Ordinance #91-14 and landscape
guidelines and shall be designed to avoid runoff and overspray. Proposed
common maintenance lawn areas within the project shall not exceed a
maximum of 25 percent of proposed common landscaped areas.
* 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.
* 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. The applicant shall comply with Town requirements (DMC Section 32-79), as
applicable, to plant on-site or off-site replacement trees for removed protected trees
which are of a cumulative diameter necessary to equal the diameter of trees
approved for removal as determined by the Town's Planning Division. For the non -
Town protected trees that would be removed as part of the project, the applicant
shall plant new minimum 15 gallon trees either on-site or off-site, as determined by
the Town, at a 1:1 ratio. The exact locations and tree species shall be subject to
review and approval by the Town's Planning Division.
6. The following measures shall be implemented prior to the start of construction for
all trees not designated for removal.
a. Trees to be retained on site shall be temporarily fenced with chain-link or other
substantial, highly visible material while all grading and construction activities
occur, including landscaping activities that require substantial ground
disturbance (more than the use of hand tools). The fencing shall be five feet from
the dripline of the canopy, at least six feet high, staked to prevent collapse, and
shall contain signs identifying the protection area.
b. When construction activities occur within five feet of the dripline, a certified
arborist shall be on site to monitor and make recommendations.
c. All roots shall be cut cleanly, if possible back to a lateral branching root. Cuts
should be made at right angles to the roots.
7. If canopy trimming is needed it shall be done under the supervision of an
International Society of Arboriculture (ISA) Certified Arborist and by an ISA
Certified Tree Worker. Trees shall be pruned according to American National
Standards Institute (ANSI) 300 standards. ANSI 300 provides guidelines for
pruning trees and other woody plants.
PAGE 12 OF RESOLUTION NO. 55-2019
DocuSign Envelope ID: 1 E3F4FE3-7B2F-467B-8961-FD77361AA12A
8. If site construction activity occurs in the direct vicinity of the on-site and
off-site protected trees, a security deposit in the amount of the assessed
value of the tree(s) (calculated pursuant to the Town's Tree Protection
Ordinance) shall be posted with the Town prior to the issuance of a grading
permit or building permit to maximize the probability that the affected trees
will be retained in good health. The applicant shall be required to secure an
appraisal of the condition and value of all affected trees. The appraisal shall
be done in accordance with the current edition of the "Guide for
Establishing Values of Trees and Other Plants," by the Council of Tree and
Landscape Appraisers under the auspices of the International Society of
Arboriculture. The appraisal shall be performed by a Certified Arborist,
and shall be subject to review and approval by the Chief of Planning. A tree
preservation agreement shall be prepared that outlines the intended and
allowed use of funds posted as a tree preservation security deposit. That
portion of the security deposit still held by the Town two full growing
seasons 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 tree preservation agreement.
9. The proposed good -neighbor fence on the south side of the project shall be
seven feet tall, including six feet of solid wood and a one -foot lattice top.
D. ARCHITECTURE
* 1. 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.
* 2. 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.
* 3. 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.
4. 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.
PAGE 13 OF RESOLUTION NO. 55-2019
DocuSign Envelope ID: 1 E3F4FE3-7B2F-467B-8961-FD77361AA12A
5. The project covenants, conditions and restrictions shall provide a review
and approval process for any proposed repainting or re -roofing of exteriors
of the units in this project.
6. All project exterior lighting shall be Dark Sky compliant subject to review
and approval by the Planning Division.
E. BIOLOGICAL RESOURCES
1. For construction activities occurring outside of the nesting season (September 1 to
January 31), no mitigation is necessary. For construction activities occurring
during the nesting season (February 1 to August 31), surveys for nesting birds and
raptors covered by the CFC and the MBTA shall be conducted by a qualified
biologist no more than 14 days prior to initiation of any construction activities,
including construction staging and vegetation or tree removal, or tree trimming.
The surveys shall include the entire disturbance areas plus a 200 foot buffer (where
accessible) around any disturbance areas for passerine species, and 500 foot buffer
(where accessible) for raptors. If active nests are located, all construction work shall
be conducted outside a buffer zone from the nest to be determined by the qualified
biologist. The nest avoidance buffer shall be determined by the qualified biologist
and be commensurate with species and location of the nest in relation to proposed
work activity. Raptor avoidance buffers shall be a minimum of 150 feet, but may be
larger depending on species, nest location and observed behavior. The qualified
biologist shall have full discretion for establishing a suitable buffer. The buffer
area(s) shall be closed to all construction personnel and equipment until the adults
and young are no longer reliant on the nest, or the nest has otherwise become
inactive through natural processes (E.G., depredation). A qualified biologist shall
confirm that breeding/nesting is completed and young have fledged the nest prior
to removal of the buffer.
2. The applicant shall contract a qualified jurisdictional waters expert to conduct a
formal jurisdictional delineation and prepare a Jurisdictional Delineation Report to
support Jurisdictional Waters permitting with USACE, RWQCB and CDFW. The
jurisdictional delineation shall determine the extent of the jurisdiction for each of
these agencies and shall be conducted in accordance with the requirement set forth
by each agency. The result shall be a preliminary jurisdictional delineation report
that shall be submitted to the implementing agency, USACE, RWQCB, and
CDFW, as appropriate, for review and approval. Impacts to jurisdictional features
shall be minimized to the extent feasible based on the findings of the Jurisdictional
Delineation and the agency verification of limits of jurisdiction within the project
site.
3. Jurisdictional areas that would be impacted would require one or more of the
following permits: 1) a RWQCB Waste Discharge Requirements permit and/or
Section 401 Water Quality Certification (depending upon whether or not the
PAGE 14 OF RESOLUTION NO. 55-2019
DocuSign Envelope ID: 1 E3F4FE3-7B2F-467B-8961-FD77361AA12A
feature falls under federal jurisdiction), 2) a CDFW Streambed Alteration
Agreement pursuant to Section 1600 et seq. of the California Fish and Game Code
for impacts within the areas of CDFW jurisdiction, and 3) a USACE permit
pursuant to Section 404 of the Clean Water Act. The applicant shall acquire any
required permits from the USACE, RWQCB, and CDFW prior to conducting
construction activity (including grading, vegetation removal, and site preparation)
within any and all Waters of the State or Waters of the U.S. under the jurisdictions
of USACE, RWQCB or CDFW.
4. Mitigation for impacts to drainages/linear wetlands that may be required by the
USACE, RWQCB and CDFW in permits issued/authorized for the project shall be
implemented by the applicant as required. This mitigation compensation may
include either creation of mitigation wetlands at an off-site location or the purchase
of credits from an agency -approved mitigation bank. Purchase of mitigation credits
or creation of mitigation wetlands to mitigate for permanent impacts to wetland
features shall be at a minimum ratio of 1:1 for man-made features, and 2:1 for
natural wetland features and associated riparian habitat (that is, for each acre of
impact it would be necessary to set aside one acre of wetland/riparian habitat for
man-made features and two acres of wetland/riparian habitat for natural features
as compensation). Mitigation to offset temporary impacts to wetland features shall
be required at a 1:1 ratio through restoration of areas with temporary impacts. The
agencies may require higher mitigation ratios in permit documents, and, if so,
agency permit mitigation ratios would supersede the 1:1 ratio required here.
Minimum requirements for mitigating impacts to wetlands include:
a) Replacement of impacted wetlands at a minimum 1:1 ratio. For permanent
wetland impacts, wetlands can be replaced at a minimum ratio of one acre
created for each acre, or fraction thereof permanently impacted.
b) Creation of in -perpetuity preservation. The USACE, RWQCB and CDFW
generally require that Waters of the U.S. not impacted by the project and
any new wetlands created to mitigate project impacts be set aside in
perpetuity, either through deed restrictions or conservation easements.
c) For restoration or creation of mitigation wetlands it shall be necessary to
establish a five-year monitoring program to monitor the progress of the
wetland mitigation toward an established goal. At the end of each
monitoring year, an annual report would be submitted to the Town of
Danville, USACE, RWQCB, and/or CDFW depending on permitting
requirements for each agency. This report would document the hydrological
and vegetative condition of the mitigation wetlands, and would recommend
remedial measures as necessary to correct deficiencies.
d) If purchasing credits from an approved mitigation bank is an option, then
wetland creation off-site with subsequent monitoring requirements may not
be necessary. This would be determined at the time permits are applied
for/issued by the USACE, RWQCB and CDFW.
PAGE 15 OF RESOLUTION NO. 55-2019
DocuSign Envelope ID: 1 E3F4FE3-7B2F-467B-8961-FD77361AA12A
Aside from the minimum replacement ratio and in -perpetuity protection, various
regulatory agencies may provide additional conditions and stipulations for permits.
Additional conditions that are stipulated for wetland impacts by the USACE,
RWQCB and/or CDFW shall also become conditions of project approval.
F. AIR QUALITY
1. In order to reduce exposure of proposed residences to toxic air contaminants
emissions from vehicles on 1-680, the applicant shall submit to the Town of Danville
for review and approval a ventilation proposal prepared by a licensed design
professional for all on-site buildings that describes the ventilation design and how
that design ensures all dwelling units would be below the excess cancer risk level
of 10 in one million established by the Bay Area Air Quality Management District.
The ventilation proposal shall include, but is not limited to, the following measures:
a) If the proposed buildings would use operable windows or other sources of
infiltration of ambient air, the development shall install a central HVAC
system that includes high efficiency particulate filters (a MERV rating of
13 or higher). These types of filters are capable of removing approximately
90 percent of the DPM emissions from air introduced into the HVAC
system. The system may also include a carbon filter to remove other
chemical matter. Filtration systems must operate to maintain positive
pressure within the building interior to prevent entrainment of outdoor air
indoors.
b) If the development limits infiltration through non-operable windows, a
suitable ventilation system shall include a ventilation system with filtration
specifications equivalent to or better than the following: (1) American
Society of Heating, Refrigerating and Air -Conditioning Engineers MERV-
13 supply air filters, (2) greater than or equal to one air exchanges per hour
of fresh outside filtered air, (3) greater than or equal to four air exchanges
per hour recirculation, and (4) less than or equal to 0.25 air exchanges per
hour in unfiltered infiltration. These types of filtration methods are capable
of removing approximately 90 percent of the DPM emissions from air
introduced into the HVAC system.
c) Windows and doors shall be fully weatherproofed with caulking and
weather-stripping that is rated to last at least 20 years. Weatherproof should
be maintained and replaced by the property owner, as necessary, to ensure
functionality for the lifetime of the project
d) Where appropriate, install passive (drop-in) electrostatic filtering systems,
especially those with low air velocities (i.e., 1 mph)
e) Ensure an ongoing maintenance plan for the HVAC and filtration systems.
Manufacturers of these types of filters recommend that they be replaced after two
to three months of use. The applicant shall inform occupants regarding the
proper use of any installed air filtration system.
PAGE 16 OF RESOLUTION NO. 55-2019
DocuSign Envelope ID: 1 E3F4FE3-7B2F-467B-8961-FD77361AA12A
G. PARKING
1. All parking spaces shall be striped and provided with wheel stops unless
they are fronted by concrete curbs, in which case sufficient areas shall be
provided beyond the ends of all parking spaces to accommodate the
overhang of automobiles.
* 2. Where authorized, compact car spaces shall be clearly designated with
appropriate pavement marking or signage. Compact spaces shall be no less
than 8 feet by 16 feet in size, including allowable overhang.
* 3. Regulatory signage/curb painting for the non -parking side of the interior
loop roadway shall be provided, if deemed necessary, to the satisfaction of
the San Ramon Valley Fire Protection District and the City Engineer.
4. Project CC&Rs shall include language addressing a provision requiring that
all garages shall be maintained to accommodate vehicular parking as
required and shall include a financial penalty to enforce the requirement.
H. 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. In accordance with the recommendations of the preliminary geotechnical
investigation, the applicant shall conduct a design -level geotechnical investigation.
The design -level geotechnical investigation shall include additional field
exploration and laboratory testing. Soil borings and/or cone penetration tests
(CPT) soundings shall be conducted to evaluate the potential for liquefaction in the
area of the preliminary geotechnical investigation Boring 2. The recommendations
of the design -level geotechnical investigation shall be incorporated into the
proposed project grading and building plans after review and approval by the
PAGE 17 OF RESOLUTION NO. 55-2019
DocuSign Envelope ID: 1 E3F4FE3-7B2F-467B-8961-FD77361AA12A
Town's Building Services Division. These recommendations may include the
removal of expansive soils, replacing expansive soils with non -expansive
engineered fill, deepening foundations to develop support below the zone of
significant seasonal moisture change, designing foundation/slab systems to resist
uplift pressures generated by swelling soils, providing drainage and landscaping to
minimize seasonal moisture fluctuations in the near -surface soils, compacting soils
to the appropriate relative compaction, and designing foundations to resist the
adverse effects of liquefaction and corrosive soils.
* 4. Where soils or geologic conditions encountered in grading operations are
different from that anticipated in the soils 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.
* 5. All development shall comply with Danville Ordinance 2004-06 which
added Chapter 20 to the Danville Municipal Code relating to Stormwater
Management and Discharge Control. All development shall also comply
with the General Permit for Storm Water Discharges associated with
Construction and Land Disturbance Activities (Order No. 2009-0009-DWQ,
NPDES No. CAS000002) adopted by the State Water Resources Control
Board on September 2, 2009, and effective on July 1, 2010. These regulations
require, among other things, that a Storm Water Pollution Prevention Plan
(SWPPP) be prepared by a Qualified SWPPP Developer for submission to
the State of California via the on-line Storm Water Multi -Application
Reporting & Tracking (SMARTS) system. No land -disturbing activity shall
occur until a Notice of Intent (NOI) is filed and a Waste Discharger
Identification (WDID) number is issued by the State of California. A copy
of the final NOI, including WDID number and attached SWPPP, shall be
kept at the project site at all times, with a copy provided to the Town. The
requirements of the SWPPP and all other Permit Registration Documents
shall be fully implemented during land -disturbing activities.
* 6. All grading activity shall address National Pollutant Discharge Elimination
System (NPDES) concerns. Specific measures to control sediment runoff,
construction pollution and other potential construction contamination shall
be addressed through the Erosion Control Plan (ECP) and Storm Water
Pollution Prevention Plan (SWPPP). The SWPPP shall supplement the
Erosion Control Plan and project improvement plans. These documents
shall also be kept on-site while the project is under construction. A NPDES
construction permit may be required, as determined by the City Engineer.
* 7. All new development shall be consistent with modern design for resistance
to seismic forces. All new development shall be in accordance with the
Uniform Building Code and Town of Danville Ordinances.
PAGE 18 OF RESOLUTION NO. 55-2019
DocuSign Envelope ID: 1 E3F4FE3-7B2F-467B-8961-FD77361AA12A
* 8. All cut and fill areas shall be appropriately designed to minimize the effects
of ground shaking and settlement.
* 9. Stockpiles of debris, soil, sand or other materials that can be blown by the
wind shall be covered.
* 10. 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.
Runoff from any contaminated soil shall not be allowed to enter any
drainage facility, inlet or creek.
11. Prior to the issuance of grading permits, the applicant shall retain a
specialist to assess rodent control impacts anticipated to be associated with
grading activity and installation of subdivision improvements. As deemed
necessary, following the Planning Division's review of the specialist's
assessment, the applicant shall develop and implement the corresponding
rodent control plan to reduce impacts to surrounding properties to the
extent reasonably possible for the time periods of heavy construction
activity. The rodent control plan shall include installation of screen barriers
into the ground where adjacent to developed properties where found
appropriate and necessary and appropriate by the rodent control specialist
and the Town. The report shall include a schedule for regular rodent
inspections and mitigation based on the development schedule for the
project. This rodent control plan is subject to review and approval by the
Planning Division.
12. Prior to ground disturbing activities, the project applicant shall install a silt
fence or fabric fence along the perimeter of the site, adjacent to residential
development, to provide a barrier to movement by rodents and other
wildlife. The fence shall be maintained until all vegetation is remove from
the site. During grading and construction activities, the project applicant
shall maintain a contact person including a phone number, should issues
associated with rodent dispersal occur, and shall monitor these
recommended actions to determine their efficacy.
PAGE 19 OF RESOLUTION NO. 55-2019
DocuSign Envelope ID: 1 E3F4FE3-7B2F-467B-8961-FD77361AA12A
I. STREETS
* 1. The applicant shall obtain an encroachment permit from the Engineering
Division prior to commencing any construction activities within any public
right-of-way or easement.
* 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 during
construction on or adjacent to the subject property shall be repaired to the
satisfaction of the City Engineer, at full expense to the applicant. This shall
include slurry seal, overlay or street reconstruction if deemed warranted by
the City Engineer.
* 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.
* 7. Public streets shall be improved to the standards in #I.5. above. Private
streets shall be improved to public street structural standards. Private street
improvements, and their dimensions, shall be as shown on the project plans
identified in #A.1. above and shall conform to Standard Plan 104 a & b.
8. A satisfactory private road and private storm drain maintenance agreement
shall be submitted for approval of the City Attorney prior to any Town
Council final approval action. All private road maintenance agreements
shall include provisions for regular street sweeping.
9. The Project shall be required to stripe curbs and install any necessary
parking or circulation signage, as determined by the Transportation
Division.
PAGE 20 OF RESOLUTION NO. 55-2019
DocuSign Envelope ID: 1 E3F4FE3-7B2F-467B-8961-FD77361AA12A
J.
10. The project applicant shall develop and submit for approval to the Town of Danville
a Construction Management and Mitigation Plan that includes designated haul
routes and staging areas, traffic control procedures, emergency access provisions
and construction crew parking, to minimize traffic impacts during construction.
The plan shall ensure that haul routes and construction activity timing shall
comply with the Town of Danville's requirements. The plan shall also ensure that
construction period employees can either park on-site or at an off-site location. In
addition, the plan shall require that temporary signage, alternative pedestrian
passage, and/or protected walkways be provided should sidewalks be closed during
construction.
INFRASTRUCTURE
1. Domestic water supply shall be from an existing public water system.
Water supply service shall be from the East Bay Municipal Utility District
water system in accordance with the requirements of the District.
2. All wastewater shall be disposed into an existing sewer system. Sewer
disposal service shall be from the Central Contra Costa Sanitary District
sewer system in accordance with the requirements of the District.
* 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. All required improvements to area creeks for drainage purposes shall meet
the requirements of existing Town of Danville, Contra Costa County Flood
Control & Water Conservation District, the Department of Fish & Game,
the Department of U.S. Fish and Wildlife, California Regional Water
Quality Control Board and the United States Army Corps of Engineers
codes and policies.
5. Prior to commencement of any site work, the applicant/ owner shall submit
evidence to the Town that the requirements for obtaining a State General
Construction Permit have been met. Such evidence may be the copy of a
WDID number issued by the State Water Resources Control Board in
response to an application submitted via their online SMARTS System by a
qualified SWPPP developer. Additionally, the applicant/owner shall
submit evidence that the requirements for obtaining the U.S. Army Corps
of Engineers 404 Permit, the State Water Resources Control Board 401
Certification, and the California Department of Fish and Game's
Streambank Alteration Agreement have been or will be met. Such evidence
might be a copy of the permit(s)/agreement and/or a letter from the
applicant/ owner stating that the above permit(s) are not required for the
subject project.
PAGE 21 OF RESOLUTION NO. 55-2019
DocuSign Envelope ID: 1 E3F4FE3-7B2F-467B-8961-FD77361AA12A
6. Roof drainage from structures shall be collected via a closed pipe and
conveyed to an approved storm drainage facility in the street curb. No
concentrated drainage shall be permitted to surface flow across sidewalks.
* 7. Any portion of the drainage system that conveys runoff from public streets
shall be installed within a dedicated drainage easement or public street.
* 8. 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.
* 9. 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.
* 10. 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.
* 11. 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.
* 12. All street, drainage or grading improvement plans shall be prepared by a
licensed civil engineer.
* 13. If a common carwash area is created to serve the project, the wastewater
created by washing cars shall be directed to the sewer collection system
rather than the storm water collection system, unless otherwise authorized
by the SWPPP.
K. 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 Development Plan
review process.
PAGE 22 OF RESOLUTION NO. 55-2019
DocuSign Envelope ID: 1 E3F4FE3-7B2F-467B-8961-FD77361AA12A
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 responsible for maintenance
of all on-site roads, pedestrian ways, common landscape areas, common
fencing, the project recreation areas, internal roads and parking areas, and
common drainage facilities. The CC&Rs shall include a provision that
requires all landscape maintenance contractors which may be hired to
maintain project landscape features to comply with the requirements of the
Town's Noise Ordinance in affect at the time. Draft project CC&Rs shall be
submitted to the Town of Danville for review and approval a minimum of
30 days prior to recordation of the final map.
5. Use of a private gated entrance is expressly prohibited.
* 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 proposed project shall conform to the Town's Stormwater Management
and Discharge Control Ordinance (Ord. No. 2004-06) and all applicable
construction Best Management Practices (BMPs) for the site. For example,
construction BMPs may include, but are not limited to: the storage and
handling of construction materials, street cleaning, proper disposal of
wastes and debris, painting, concrete operations, dewatering operations,
pavement operations, vehicle/equipment cleaning, maintenance and
PAGE 23 OF RESOLUTION NO. 55-2019
DocuSign Envelope ID: 1 E3F4FE3-7B2F-467B-8961-FD77361AA12A
fueling and stabilization of construction entrances. Training of contractors
on BMPs for construction activities is a requirement of this permit. At the
discretion of the City Engineer, a Storm Water Pollution Prevention Plan
(SWPPP) may be required for projects under five acres.
8. Prior to approval of the project's Improvement Plans, he project's
hydrology report and drainage plans shall be subjected to a third peer
review. The peer reviewer shall work under contract to the Town, but shall
be funded by the applicant/ developer.
* 9. 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
PAGE 24 OF RESOLUTION NO. 55-2019
DocuSign Envelope ID: 1E3F4FE3-7B2F-467B-8961-FD77361AA12A
of the Town's Stormwater C.3 Guidebook.
10. This project shall be responsible for the provision of a minimum of five
residential units that shall be made available to moderate income
households, as defined by the State Department of Housing and
Community Development (HCD) and the United States Department of
Housing and Urban Development (HUD). The developer shall enter into a
formal agreement with the Town which specifies the maximum income of
the buyer(s) (to be less than or equal to 110% of median income as adjusted
for household size) and which regulates the terms of occupancy, resale or
any other restriction deemed necessary to assure the long term affordability
of the units to moderate income households. This agreement shall be
subject to approval by the Town Council prior to recordation of the final
map for the project or issuance of building permits, whichever occurs first.
APPROVED by the Danville Town Council at a regular meeting on July 16, 2019, by the
following vote:
AYES: Arnerich, Blackwell, Morgan, Stepper, Storer
NOES: None
ABSTAINED: None
ABSENT: None
APPROVED AS TO FORM:
,—DocuSigned by:
g. E'4
`---895C6C40AD3F4BF..
CITY ATTORNEY
�DocuSigned by:
'•--.....2640007461784-D D...
MAYOR
ATTEST:
e—DacuSnedby:
�
`---• 71735A3F04C942F.
CITY CLERK
PAGE 25 OF RESOLUTION NO. 55-2019
DocuSign Envelope ID: 1 E3F4FE3-7B2F-467B-8961-FD77361AA12A
375 West El Pintado Road Residential Project
California Environmental Quality Act (CEQA) Findings of
Fact
SCH #2016012045
prepared by
Town of Danville
Development Services Department
510 La Gonda Way
Danville, California 94526
Contact: David Crompton, Principal Planner
prepared with the assistance of
Rincon Consultants, Inc.
449 15th Street, Suite 303
Oakland, California 94610
July 2019
EXHIBIT 1
DocuSign Envelope ID: 1E3F4FE3-7B2F-467B-8961-FD77361AA12A
THIS PAGE INTENTIONALLY LEFT BLANK
DocuSign Envelope ID: 1E3F4FE3-7B2F-467B-8961-FD77361AA12A
375 West El Pintado Residential Project
Final Environmental Impact Report
1.0 INTRODUCTION
This statement of findings addresses the potentially significant environmental impacts associated with the
proposed 375 West EI Pintado Residential Project (project) located in the Town of Danville, Contra Costa
County, California and is made pursuant to Section 15091 of the California Environmental Quality Act
Guidelines (CEQA Guidelines), which provides that:
(a) No public agency will approve or carry out a project for which an Environmental Impact Report (EIR)
has been certified which identifies one or more significant environmental effects of the project
unless the public agency makes one or more written findings for each of those significant effects,
accompanied by a brief explanation of the rationale for each finding. The possible findings are:
(1) Changes or 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.
(2) Such 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 or can and should be adopted by such other agency.
(3) Specific economic, legal, social, technological, or other considerations, including provision of
employment opportunities for highly trained workers, make infeasible the mitigation measures
or project alternatives identified in the final EIR.
(b) The findings required by subsection (a) will be supported by substantial evidence in the record.
Section 15092 of the CEQA Guidelines further stipulates that:
(b) A public agency will not decide to approve or carry out a project for which an EIR was prepared
unless either:
(1) The project as approved will not have a significant effect on the environment, or
(2) The agency has:
(A) Eliminated or substantially lessened all significant effects on the environment where feasible
as shown in findings under Section 15091, and
(B) Determined that any remaining significant effects on the environment found to be
unavoidable under Section 15091 are acceptable due to overriding concerns as described in
Section 15093.
As required by CEQA, the Town of Danville (Town), in adopting these findings, and must also adopt a
Mitigation Monitoring and Reporting Program (MMRP) for the project. The MMRP, which is incorporated by
reference and made a part of these findings, meets the requirements of Section 15097 of the CEQA
Guidelines by providing for the implementation and monitoring of measures intended to mitigate potentially
significant effects of the project.
January 2019 1 Findings of Fact
DocuSign Envelope ID: 1E3F4FE3-7B2F-467B-8961-FD77361AA12A
375 West El Pintado Residential Project
Final Environmental Impact Report
Whenever these findings specifically refer to a mitigation measure that will avoid or mitigate a potentially
significant impact, that specific mitigation measure is hereby made a specific condition of approval of the
375 West EI Pintado Residential Project.
1.1 PROJECT SUMMARY
The Town prepared the 375 West El Pintado Residential Project Environmental Impact Report (EIR) to
analyze the potential environmental effects that may result from the project. The project involves a request
for a General Plan Amendment (GPA2015-0001), Preliminary Development Plan — Rezoning (PUD2015-
0001), Major Subdivision (SD 9399), and Final Development Plan (DP2015-0065) to allow for the
development of a 37 -unit townhouse development. The General Plan Amendment request pertains to the
0.29 -acre lot only, and would amend the Town's 2030 General Plan land use designation from Residential —
Single Family — Low Density (one to three units per acre) to a Mixed Use land use designation. The
Preliminary Development Plan — Rezoning request would rezone the project site to a new P -I, Planned Unit
Development District. The Major Subdivision would subdivide the site, creating 37 multifamily townhome
units. The Final Development Plan would provide for the approval of project architecture, site design, and
landscape design. A Tree Removal permit (TR2015-0039) is also required to allow for the removal of Town -
protected trees.
The project would involve demolition of the existing on-site residence, site preparation (including grading
and tree removal), and construction of eight new multifamily townhome buildings. The 37 townhome units
would include one-, two-, and three-bedroom units in buildings with partially below -grade and at -grade
garages. Six of the units (15 percent of the total) would be affordable housing units in accordance with the
Town's inclusionary housing requirements. Proposed site amenities include landscaping, off-street parking, a
play structure, as well as a lawn, walking path, outdoor seating area on the northeast corner of the site. Six
larger two-story buildings would be constructed on the northern portion of the project site, each with a mix
of one-, two-, and three-bedroom units. These six buildings (Buildings A -F) would range from 28 to 35 feet in
height (2-2.5 stories) and include partially below -grade garages. Two smaller two-story buildings (buildings G
and H) would be constructed on the southeastern portion of the project site, each with two three-bedroom,
2.5 -bathroom units. These two buildings with at -grade garages would each be approximately 25 feet in
height.
1.2 ENVIRONMENTAL REVIEW PROCESS
Pursuant to the California Environmental Quality Act (CEQA), lead agencies are required to consult with
public agencies having jurisdiction over a proposed project and to provide the general public with an
opportunity to comment on the Draft EIR.
On January 22, 2016, the Town of Danville circulated a Notice of Preparation (NOP) for a 30 day comment
period to help identify the types of impacts that could result from the proposed project, as well as potential
areas of controversy. The NOP was filed with the County Clerk, published in a local newspaper, mailed to
public agencies (including the State Clearinghouse), and mailed to property owners and residential and
commercial occupants within 750 feet of the project site. A public scoping meeting was held on February 9,
2016, to receive input on the scope and content of the EIR. Comments received by the Town on the NOP
were taken into account during the preparation of the Draft EIR.
Findings of Fact 2 January 2019
DocuSign Envelope ID: 1E3F4FE3-7B2F-467B-8961-FD77361AA12A
375 West El Pintado Residential Project
Final Environmental Impact Report
The Draft EIR was made available for public review on July 30, 2018. The Notice of Availability of a Draft EIR
was posted with the County Clerk, mailed to local and state agencies, and mailed to property owners and
residential and commercial occupants within 750 feet of the project site. The Draft EIR and an
announcement of its availability were posted electronically on the Town's website, and a paper copy was
available for public review at the Town of Danville Planning Division Office and at the Danville Public Library.
The 45 -day Draft EIR public comment period began on July 30, 2018 and ended on September 14, 2018. The
Town held a hearing on the Draft EIR before the Planning Commission on September 11, 2018. The Town
received five comment letters on the Draft EIR (not including public hearing comments).
Subsequent to the end of the public review period for the Draft EIR, and consistent with the requirements of
Section 15088(a) of the CEQA Guidelines, the Town of Danville, as the Lead Agency, has considered the
public comments received on the Draft EIR for the project and has prepared written responses to each of
the comments received relative to environmental issues.
Pursuant to Section 15132 of the CEQA Guidelines, the Final EIR consists of the following:
(a) The Draft EIR, including all of its appendices.
(b) A list of persons, organizations, and public agencies commenting on the Draft EIR.
(c) Copies of all letters received by the Town during the Draft EIR public review period and responses to
significant environmental points concerning the Draft EIR raised in the review and consultation
process.
(d) Any other information added by the Lead Agency.
2.0 CEQA FINDING OF INDEPENDENT JUDGMENT
Section 15091 of the CEQA Guidelines requires that the Lead Agency prepare written findings for identified
significant impacts, accompanied by a brief explanation for the rationale for each finding. The Final EIR for
the project identified potentially significant effects that could result from project implementation. However,
the Town finds that the inclusion of proposed design features and mitigation measures identified in the
Draft EIR will reduce all of those effects to less than significant levels.
In accordance with CEQA and the CEQA Guidelines, the Town adopts these findings as part of its approval of
the project. Pursuant to Public Resources Code§ 21082.1(c)(3), the Town also finds that the Final EIR reflects
the Town's independent judgment as the Lead Agency for the project.
3.0 ADMINISTRATIVE RECORD
The record, upon which all findings and determinations related to the approval of the project are based,
includes the following:
• The EIR and all documents referenced in or relied upon by the EIR.
January 2019 3 Findings of Fact
DocuSign Envelope ID: 1E3F4FE3-7B2F-467B-8961-FD77361AA12A
375 West El Pintado Residential Project
Final Environmental Impact Report
• All prior or present information (including written evidence and testimony) provided by Town staff
to the Planning Commission and Town Council relating to the EIR and the project.
• All prior or present information (including written evidence and testimony) presented at any
Planning Commission and Town Council meeting related to the project and the EIR.
• The MMRP for the project.
• The Town of Danville General Plan, its related Environmental Document, and Municipal Code
(including its Zoning Ordinance).
• All other documents composing the record pursuant to Public Resources Code§ 21167.6(e).
• The custodian of the documents and other materials that constitute the record of the proceedings
upon which the Town's decisions are based is David Crompton, Principal Planner, or his designee.
Such documents and other materials are located at the Town of Danville, Development Services
Department -Planning Division, 510 La Gonda Way, Danville, CA 94526.
4.0 FINDINGS OF FACT
The following sections make detailed findings with respect to the potential effects of the project and refer,
where appropriate, to the mitigation measures set forth in the Final EIR and the MMRP to avoid or
substantially reduce potentially significant adverse impacts of the project. The EIR and the administrative
record concerning the project provide additional facts in support of the findings herein. The Final EIR is
hereby incorporated into these findings in its entirety. Furthermore, the mitigation measures set forth in the
Final EIR and the MMRP are incorporated by reference in these findings. The MMRP was developed in
compliance with Section 15097 of the CEQA Guidelines and is provided under separate cover.
4.1 POTENTIALLY SIGNIFICANT BUT MITIGABLE IMPACTS
Pursuant to CEQA Guidelines Sections 15091(a)(I) and 15092(b), and to the extent reflected in the EIR and
the MMRP, the Town finds that changes or alterations have been required to, or incorporated into, the
components of the project to mitigate or avoid potentially significant effects on the environment. Based on
the analysis contained in the EIR, the following impacts have been determined to fall within the category of
impacts that can be reduced to less than significant levels with implementation of the mitigation measures
set forth below:
• Air Quality • Hydrology and Water Quality
• Biological Resources • Noise
• Cultural Resources • Traffic and Circulation
• Geology and Soils
Findings of Fact 4 January 2019
DocuSign Envelope ID: 1E3F4FE3-7B2F-467B-8961-FD77361AA12A
375 West El Pintado Residential Project
Final Environmental Impact Report
4.1.1 AIR QUALITY
Summary of Potential Impacts
The project site is located within 500 feet of 1-680. New residents on the project site would be exposed to
toxic air contaminants from freeway vehicle emissions at levels that exceed BAAQMD screening thresholds
and therefore may create health risks. Impacts would be Class 11, significant but mitigable (see Impact AQ -2
in Section 4.2, Air Quality, of the Draft EIR).
Mitigation Measures
The following mitigation measure is required to reduce potential impacts to nesting birds to a less than
significant level.
Mitigation Measure AQ -1: Toxic Air Contaminants Emissions Reductions. In order to reduce exposure of
proposed residences to toxic air contaminants emissions from vehicles on 1-680, the applicant shall
submit to the Town of Danville for review and approval a ventilation proposal prepared by a licensed
design professional for all on-site buildings that describes the ventilation design and how that design
ensures all dwelling units would be below the excess cancer risk level of 10 in one million established by
the Bay Area Air Quality Management District. The ventilation proposal shall include, but is not limited to,
the following measures:
a) If the proposed buildings would use operable windows or other sources of infiltration of ambient air,
the development shall install a central HVAC system that includes high efficiency particulate filters (a
MERV rating of 13 or higher). These types of filters are capable of removing approximately 90 percent
of the DPM emissions from air introduced into the HVAC system. The system may also include a
carbon filter to remove other chemical matter. Filtration systems must operate to maintain positive
pressure within the building interior to prevent entrainment of outdoor air indoors.
b) If the development limits infiltration through non-operable windows, a suitable ventilation system
shall include a ventilation system with filtration specifications equivalent to or better than the
following: (1) American Society of Heating, Refrigerating and Air -Conditioning Engineers MERV-13
supply air filters, (2) greater than or equal to one air exchanges per hour of fresh outside filtered air,
(3) greater than or equal to four air exchanges per hour recirculation, and (4) less than or equal to 0.25
air exchanges per hour in unfiltered infiltration. These types of filtration methods are capable of
removing approximately 90 percent of the DPM emissions from air introduced into the HVAC system.
c) Windows and doors shall be fully weatherproofed with caulking and weather-stripping that is rated to
last at least 20 years. Weatherproof should be maintained and replaced by the property owner, as
necessary, to ensure functionality for the lifetime of the project
d) Where appropriate, install passive (drop-in) electrostatic filtering systems, especially those with low air
velocities (i.e., 1 mph)
e) Ensure an ongoing maintenance plan for the HVAC and filtration systems. Manufacturers of these
types of filters recommend that they be replaced after two to three months of use.
f) The applicant shall inform occupants regarding the proper use of any installed air filtration system.
January 2019 1 Findings of Fact
DocuSign Envelope ID: 1E3F4FE3-7B2F-467B-8961-FD77361AA12A
375 West El Pintado Residential Project
Final Environmental Impact Report
Findings
The Town finds that, pursuant to Section 15091(a)(I) of the CEQA Guidelines, changes or alterations have
been required in, or incorporated into, the project, which mitigate or avoid potentially significant air quality
impacts, as identified in the EIR. The Town further finds that the change or alteration in the project or the
requirement to impose the mitigation as a condition of project approval is within the jurisdiction of the
Town to require, and the mitigation is appropriate and feasible.
4.1.2 BIOLOGICAL RESOURCES
Summary of Potential Impacts
Construction of the project could directly impact special -status species including nesting raptors and other
avian species protected under existing regulations by causing injury, death, or nest failure. Potential impacts
to nesting birds would be Class II, significant but mitigable (see Impact BIO -1 in Section 4.3, Biological
Resources of the Draft EIR). In addition, implementation of the project would directly impact
wetlands/waterways. Potential impacts to federally protected wetlands and waterways as defined by
Sections 404 and 401 of the Clean Water Act and Section 1602 of the California Fish and Game Code would
be Class II, significant but mitigable (see Impact BIO -3 in Section 4.3, Biological Resources of the Draft EIR)..
Further, implementation of the project would require removal of trees protected under the Danville
Municipal Code. This impact would be Class II, significant but mitigable (see Impact BIO -5 in Section 4.3,
Biological Resources of the Draft EIR).
Mitigation Measures
The following mitigation measures are required to reduce potential impacts to biological resources to a less
than significant level.
Mitigation Measure BIO -1: Pre -construction Surveys for Nesting Birds and Raptors. For
construction activities occurring outside of the nesting season (September 1 to January 31), no
mitigation is necessary. For construction activities occurring during the nesting season (February 1
to August 31), surveys for nesting birds and raptors covered by the CFC and the MBTA shall be
conducted by a qualified biologist no more than 14 days prior to initiation of any construction
activities, including construction staging and vegetation or tree removal, or tree trimming. The
surveys shall include the entire disturbance areas plus a 200 -foot buffer (where accessible) around
any disturbance areas for passerine species, and 500 -foot buffer (where accessible) for raptors. If
active nests are located, all construction work shall be conducted outside a buffer zone from the
nest to be determined by the qualified biologist. The nest avoidance buffer shall be determined by
the qualified biologist and be commensurate with species and location of the nest in relation to
proposed work activity. Raptor avoidance buffers shall be a minimum of 150 feet, but may be larger
depending on species, nest location and observed behavior. The qualified biologist shall have full
discretion for establishing a suitable buffer. The buffer area(s) shall be closed to all construction
personnel and equipment until the adults and young are no longer reliant on the nest, or the nest
has otherwise become inactive through natural processes (E.G., depredation). A qualified biologist
shall confirm that breeding/nesting is completed and young have fledged the nest prior to removal
of the buffer.
Findings of Fact 2 January 2019
DocuSign Envelope ID: 1E3F4FE3-7B2F-467B-8961-FD77361AA12A
375 West El Pintado Residential Project
Final Environmental Impact Report
Mitigation Measure BIO -2: Formal Jurisdictional Delineation. The applicant shall contract a
qualified jurisdictional waters expert to conduct a formal jurisdictional delineation and prepare a
Jurisdictional Delineation Report to support Jurisdictional Waters permitting with USACE, RWQCB
and CDFW. The jurisdictional delineation shall determine the extent of the jurisdiction for each of
these agencies and shall be conducted in accordance with the requirement set forth by each agency.
The result shall be a preliminary jurisdictional delineation report that shall be submitted to the
implementing agency, USACE, RWQCB, and CDFW, as appropriate, for review and approval. Impacts
to jurisdictional features shall be minimized to the extent feasible based on the findings of the
Jurisdictional Delineation and the agency verification of limits of jurisdiction within the project site.
Mitigation Measure BIO -3: Regulatory Permitting. Jurisdictional areas that would be impacted
would require one or more of the following permits: 1) a RWQCB Waste Discharge Requirements
permit and/or Section 401 Water Quality Certification (depending upon whether or not the feature
falls under federal jurisdiction), 2) a CDFW Streambed Alteration Agreement pursuant to Section
1600 et seq. of the California Fish and Game Code for impacts within the areas of CDFW jurisdiction,
and 3) a USACE permit pursuant to Section 404 of the Clean Water Act. The applicant shall acquire
any required permits from the USACE, RWQCB, and CDFW prior to conducting construction activity
(including grading, vegetation removal, and site preparation) within any and all Waters of the State
or Waters of the U.S. under the jurisdictions of USACE, RWQCB or CDFW.
Mitigation Measure BIO -4: Wetland/Drainage Compensation. Mitigation for impacts to
drainages/linear wetlands that may be required by the USACE, RWQCB and CDFW in permits
issued/authorized for the project and shall be implemented by the applicant as required. This
mitigation compensation may include either creation of mitigation wetlands at an off-site location
or the purchase of credits from an agency -approved mitigation bank. Purchase of mitigation credits
or creation of mitigation wetlands to mitigate for permanent impacts to wetland features shall be at
a minimum ratio of 1:1 for man-made features, and 2:1 for natural wetland features and associated
riparian habitat (that is, for each acre of impact it would be necessary to set aside one acre of
wetland/riparian habitat for man-made features and two acres of wetland/riparian habitat for
natural features as compensation). Mitigation to offset temporary impacts to wetland features shall
be required at a 1:1 ratio through restoration of areas with temporary impacts. The agencies may
require higher mitigation ratios in permit documents, and, if so, agency permit mitigation ratios
would supersede the 1:1 ratio required here.
Minimum requirements for mitigating impacts to wetlands include:
■ Replacement of impacted wetlands at a minimum 1:1 ratio. For permanent wetland impacts,
wetlands can be replaced at a minimum ratio of one acre created for each acre, or fraction
thereof, permanently impacted.
■ Creation of in perpetuity preservation. The USACE, RWQCB and CDFW generally require that
Waters of the U.S. not impacted by the project and any new wetlands created to mitigate project
impacts be set aside in perpetuity, either through deed restrictions or conservation easements.
■ For restoration or creation of mitigation wetlands it shall be necessary to establish a five-year
monitoring program to monitor the progress of the wetland mitigation toward an established
goal. At the end of each monitoring year, an annual report would be submitted to the Town of
Danville, USACE, RWQCB, and/or CDFW depending on permitting requirements for each agency.
January 2019 3 Findings of Fact
DocuSign Envelope ID: 1E3F4FE3-7B2F-467B-8961-FD77361AA12A
375 West El Pintado Residential Project
Final Environmental Impact Report
This report would document the hydrological and vegetative condition of the mitigation
wetlands, and would recommend remedial measures as necessary to correct deficiencies.
■ If purchasing credits from an approved mitigation bank is an option, then wetland creation off-
site with subsequent monitoring requirements may not be necessary. This would be determined
at the time permits are applied for/issued by the USACE, RWQCB and CDFW.
Aside from the minimum replacement ratio and in -perpetuity protection, various regulatory
agencies may provide additional conditions and stipulations for permits. Additional conditions that
are stipulated for wetland impacts by the USACE, RWQCB and/or CDFW shall also become
conditions of project approval.
Mitigation Measure BIO -5: Tree Replacement. The applicant shall comply with Town requirements
(DMC Section 32-79), as applicable, to plant on-site or off-site replacement trees for removed
protected trees which are of a cumulative diameter necessary to equal the diameter of trees
approved for removal as determined by the Town's Planning Division. For the non -Town protected
trees that would be removed as part of the project, the applicant shall plant new minimum 15 gallon
trees either on-site or off-site, as determined by the Town, at a 1:1 ratio. The exact locations and
tree species shall be subject to review and approval by the Town's Planning Division.
Mitigation Measure BIO -6: Tree Protection. The following measures shall be implemented prior to
the start of construction for all trees not designated for removal.
■ Trees to be retained on site shall be temporarily fenced with chain-link or other substantial,
highly visible material while all grading and construction activities occur, including landscaping
activities that require substantial ground disturbance (more than the use of hand tools). The
fencing shall be five feet from the dripline of the canopy, at least six -feet high, staked to prevent
collapse, and shall contain signs identifying the protection area.
■ When construction activities occur within five feet of the dripline, a certified arborist shall be on
site to monitor and make recommendations.
■ All roots shall be cut cleanly, if possible back to a lateral branching root. Cuts should be made at
right angles to the roots.
If canopy trimming is needed it shall be done under the supervision of an International Society of
Arboriculture (ISA) Certified Arborist and by an ISA Certified Tree Worker. Trees shall be pruned
according to American National Standards Institute (ANSI) 300 standards. ANSI 300 provides
guidelines for pruning trees and other woody plants.
Findings
The Town finds that, pursuant to Section 15091(a)(I) of the CEQA Guidelines, changes or alterations have
been required in, or incorporated into, the project, which mitigate or avoid potentially significant impacts to
biological resources, as identified in the EIR. The Town further finds that the change or alteration in the
project or the requirement to impose the mitigation as a condition of project approval is within the
jurisdiction of the Town to require, and the mitigation is appropriate and feasible.
Findings of Fact 4 January 2019
DocuSign Envelope ID: 1E3F4FE3-7B2F-467B-8961-FD77361AA12A
375 West El Pintado Residential Project
Final Environmental Impact Report
4.1.3 CULTURAL RESOURCES
CULTURAL RESOURCES
Summary of Potential Impacts
Although the likelihood of encountering prehistoric archaeological resources on the project site is low, there
is still a potential for discovery of previously unidentified, buried historic era or prehistoric resources
(including unique geologic features and human remains) beneath the fill and other soils on the project site.
Therefore, Mitigation Measures CR -1 through CR -3 are required to prevent damage to or destruction of
previously unidentified cultural resources. Impacts would be Class II, significant but mitigable (see Initial
Study, Appendix A of the Draft EIR).
Mitigation Measures
The following mitigation measures are required to reduce potential impacts to cultural resources to a less
than significant level.
Mitigation Measure CR -1: Cultural Resources Awareness Training. Prior to the commencement of
ground disturbance, including site preparation and grading activities, the applicant will ensure that
all construction workers are trained to recognize archaeological resources (e.g., obsidian and chert
flakes and chipped stone tools; grinding and mashing implements such as slabs and handstones, and
mortars and pestles; bedrock outcrops and boulders with mortar cups; and locally darkened midden
soils containing some of the previously listed items plus fragments of bone, shellfish, and fire
affected stones; fragments of glass, ceramic, and metal objects; milled and split lumber; and
structure and feature remains such as building foundations and discrete trash deposits). The cultural
resources awareness training shall be conducted by a qualified professional archaeologist with
experience in training non -specialists. A record of completion of cultural resources awareness
training for all construction workers shall be submitted to the Town of Danville prior to the issuance
of a grading permit, and a copy of the training completion record shall be maintained onsite for the
duration of construction activities.
Mitigation Measure CR -2: Unanticipated Discovery of Cultural Remains. If previously unidentified
cultural resources are encountered during construction or land disturbance activities, work shall
stop within 50 feet of the find and the Town of Danville shall be notified at once to assess the
nature, extent, and potential significance of any cultural resource find. The applicant shall retain a
qualified archaeologist to implement a Phase II subsurface testing program to determine the
resource boundaries, assess the integrity of the resource, and evaluate the resource's significance
through a study of its features and artifacts.
If the resource is determined significant, the Town of Danville may choose to allow the capping of
the area containing the resource using culturally sterile and chemically neutral fill material. If such
capping occurs, then a qualified archaeologist shall be retained to monitor the placement of fill upon
the resource. If a significant resource will not be capped, the results and recommendations of the
Phase II study shall determine the need for a Phase III data recovery program designed to record
and remove significant cultural materials that could otherwise be tampered with. If the resource is
January 2019 5 Findings of Fact
DocuSign Envelope ID: 1E3F4FE3-7B2F-467B-8961-FD77361AA12A
375 West El Pintado Residential Project
Final Environmental Impact Report
determined to be not significant, no capping and/or further archaeological investigation or
mitigation shall be required. The results and recommendations of the Phase II study shall determine
the need for construction monitoring. If monitoring is warranted, a qualified archaeologist shall be
retained by the applicant to be present during all earth moving activities that have the potential to
affect archaeological or historical resources. A monitoring report shall be submitted to the Town
upon completion of construction.
Mitigation Measure CR -3: Unanticipated Discovery of Human Remains. If previously unidentified
human remains are encountered during project construction, State Health and Safety Code Section
7050.5 shall be adhered to, which requires that no further disturbance shall occur until the County
Coroner has made the necessary findings as to origin and disposition pursuant to Public Resources
Code Section 5097.98. If the remains are determined to be of Native American descent, the coroner
has 24 hours to notify the NAHC. The NAHC would then identify the person(s) thought to be the
Most Likely Descendent (MLD) of the deceased Native American, who would then help determine
what course of action should be taken in dealing with the remains.
Findings
The Town finds that, pursuant to Section 15091(a)(I) of the CEQA Guidelines, changes or alterations have
been required in, or incorporated into, the project, which mitigate or avoid potentially significant impacts to
cultural resources during grading and construction activities, as identified in the EIR. The Town further finds
that the change or alteration in the project or the requirement to impose the mitigation as a condition of
project approval is within the jurisdiction of the Town to require, and the mitigation is appropriate and
feasible.
4.1.4 GEOLOGY AND SOILS
Summary of Potential Impacts
The combination of site topography and on-site soil characteristics results in the potential for landslide,
lateral spreading, subsidence, liquefaction, and collapse. Impacts would be Class II, significant but mitigable
(see Initial Study, Appendix A of the Draft EIR).
Mitigation Measure
The following mitigation measure is required to reduce potential impacts related to geology and soils to a
less than significant level.
Mitigation Measure GEO-1: Design -Level Geotechnical Investigation. In accordance with the
recommendations of the preliminary geotechnical investigation, the applicant shall conduct a
design -level geotechnical investigation. The design -level geotechnical investigation shall include
additional field exploration and laboratory testing. Soil borings and/or cone penetration tests (CPT)
soundings shall be conducted to evaluate the potential for liquefaction in the area of the preliminary
geotechnical investigation Boring 2. The recommendations of the design -level geotechnical
investigation shall be incorporated into the proposed project grading and building plans after review
and approval by the Town's Building Services Division. These recommendations may include the
Findings of Fact 6 January 2019
DocuSign Envelope ID: 1E3F4FE3-7B2F-467B-8961-FD77361AA12A
375 West El Pintado Residential Project
Final Environmental Impact Report
removal of expansive soils, replacing expansive soils with non -expansive engineered fill, deepening
foundations to develop support below the zone of significant seasonal moisture change, designing
foundation/slab systems to resist uplift pressures generated by swelling soils, providing drainage
and landscaping to minimize seasonal moisture fluctuations in the near -surface soils, compacting
soils to the appropriate relative compaction, and designing foundations to resist the adverse effects
of liquefaction and corrosive soils.
Findings
The Town finds that, pursuant to Section 15091(a)(I) of the CEQA Guidelines, changes or alterations have
been required in, or incorporated into, the project, which mitigate or avoid potentially significant impacts
from landslide, lateral spreading, subsidence, liquefaction or collapse during operation of the project, as
identified in the EIR. The Town further finds that the change or alteration in the project or the requirement
to impose the mitigation as a condition of project approval is within the jurisdiction of the Town to require,
and the mitigation is appropriate and feasible.
4.1.5 HYDROLOGY AND WATER QUALITY
Summary of Potential Impacts
Construction and operation of the project could potentially result in an increase in pollutant discharges to
Waters of the State, but compliance with Danville General Plan policies and actions, as well as existing
regulatory requirements, would avoid such impacts. The project would therefore not violate water quality
standards or waste discharge requirements or otherwise substantially degrade water quality, and this
impact would be Class II, significant but mitigable (see Impact HWQ-1 in Section 4.5, Hydrology and Water
Quality, of the Draft EIR).
Mitigation Measures
Mitigation measures BIO -2, BIO -3, and BIO -4 listed above are required to reduce potential impacts related
to hydrology and water quality to a less than significant level.
Findings
The Town finds that, pursuant to Section 15091(a)(I) of the CEQA Guidelines, changes or alterations have
been required in, or incorporated into, the project, which mitigate or avoid potentially significant water
quality impacts construction and operational activities, as identified in the Final EIR. The Town further finds
that the change or alteration in the project or the requirement to impose the mitigation as a condition of
project approval is within the jurisdiction of the Town to require, and the mitigation is appropriate and
feasible.
January 2019 7 Findings of Fact
DocuSign Envelope ID: 1E3F4FE3-7B2F-467B-8961-FD77361AA12A
375 West El Pintado Residential Project
Final Environmental Impact Report
4.1.6 NOISE
Summary of Potential Impacts
The proposed project would introduce residents to the project site that would be exposed to ambient noise
levels in the Town's "conditionally acceptable" range. Impacts would be Class 11, significant but mitigable
(see Impact N-1 in Section 4.7, Noise, of the Draft EIR). Construction of the project, including demolition of
the existing on-site residence, would substantially increase ambient noise levels at nearby sensitive
receptors, such as nearby residences, parks, and schools, intermittently for a period of approximately 20
months. Therefore, impacts would be Class II, significant but mitigable (see Impact N-4 in Section 4.7, Noise,
of the Draft EIR).
Mitigation Measures
The following mitigation measures are required to reduce potential noise impacts to a less than significant
level.
Mitigation Measure N-1: Interior Noise. At a minimum, all on-site structures shall include the
following to achieve an acceptable interior noise level:
■ Air conditioning or a mechanical forced—air ventilation system so that windows and doors may
remain closed
■ Double -paned windows and sliding glass doors mounted in low air infiltration rate frames (0.5
cubic feet per minute, per ANSI specifications)
■ Solid core exterior doors with perimeter weather stripping and threshold seals
■ Roof and attic vents facing away from 1-680
Mitigation Measure N-2: Construction -Related Noise Reduction Measures. The applicant shall
apply the following measures during construction of the project:
■ Construction Staging. The contractor shall provide staging areas on-site to minimize off-site
transportation of heavy construction equipment. These areas shall be located to maximize the
distance between activity and sensitive receptors. This would reduce noise levels associated with
most types of idling construction equipment.
■ Mufflers. Construction equipment shall be properly maintained and all internal combustion
engine driven machinery with intake and exhaust mufflers and engine shrouds, as applicable,
shall be in good condition and appropriate for the equipment. During construction, all
equipment, fixed or mobile, shall be operated with closed engine doors and shall be equipped
with properly operating and maintained mufflers, consistent with manufacturers' standards.
■ Electrical Power. Electrical power, rather than diesel equipment, shall be used to run
compressors and similar power tools and to power any temporary structures, such as
construction trailers or caretaker facilities.
■ Equipment Staging. All stationary equipment shall be staged as far away from the adjacent multi-
family residential development as feasible.
■ Equipment Idling. Construction vehicles and equipment shall not be left idling for longer than five
minutes when not in use.
Findings of Fact 8 January 2019
DocuSign Envelope ID: 1E3F4FE3-7B2F-467B-8961-FD77361AA12A
375 West El Pintado Residential Project
Final Environmental Impact Report
■ Workers' Radios. All noise from workers' radios shall be controlled to a point that they are not
audible at sensitive receptors near construction activity.
■ Smart Back-up Alarms. Mobile construction equipment shall have smart back-up alarms that
automatically adjust the sound level of the alarm in response to ambient noise levels.
Alternatively, back-up alarms shall be disabled and replaced with human spotters to ensure
safety when mobile construction equipment is moving in the reverse direction.
■ Disturbance Coordinator. The applicant shall designate a disturbance coordinator who shall be
responsible for responding to any local complaints about construction noise. The noise
disturbance coordinator shall determine the cause of the noise complaint (e.g., starting too early,
bad muffler, etc.) and shall require that reasonable measures warranted to correct the problem
be implemented. A telephone number for the disturbance coordinator shall be conspicuously
posted at the construction site.
■ Construction Notice. Two weeks prior to the commencement of construction and grading at the
project site, the applicant shall install a 3 -foot by 3 -foot sign at the project entry that discloses
the allowable construction work days and hours, the planned construction schedule, and the
contact name and phone number for residents to call for construction noise related complaints.
All reasonable concerns shall be rectified within 24 hours of receipt.
Findings
The Town finds that, pursuant to Section 15091(a)(I) of the CEQA Guidelines, changes or alterations have
been required in, or incorporated into, the project, which mitigate or avoid potentially significant noise
impacts during construction and operation, as identified in the EIR. The Town further finds that the change
or alteration in the project or the requirement to impose the mitigation as a condition of project approval is
within the jurisdiction of the Town to require, and the mitigation is appropriate and feasible.
4.1.7 TRAFFIC AND CIRCULATION
Summary of Potential Impacts
Construction of the project would result in increased vehicle trips to and from the project site and could
adversely affect the performance of the circulation system. This impact is Class II, significant but mitigable
(see Impact T-1 in Section 4.8, Traffic and Circulation, of the Draft EIR).
Mitigation Measure
The following mitigation measure is required.
Mitigation Measure T-1: Construction Mitigation Plan. The project applicant shall develop and
submit for approval to the Town of Danville a Construction Management and Mitigation Plan that
includes designated haul routes and staging areas, traffic control procedures, emergency access
provisions and construction crew parking, to minimize traffic impacts during construction. The plan
shall ensure that haul routes and construction activity timing shall comply with the Town of
Danville's requirements. The plan shall also ensure that construction period employees can either
park on-site or at an off-site location. In addition, the plan shall require that temporary signage,
January 2019 9 Findings of Fact
DocuSign Envelope ID: 1E3F4FE3-7B2F-467B-8961-FD77361AA12A
375 West El Pintado Residential Project
Final Environmental Impact Report
alternative pedestrian passage, and/or protected walkways be provided should sidewalks be closed
during construction.
Findings
The Town finds that, pursuant to Section 15091(a)(I) of the CEQA Guidelines, changes or alterations have
been required in, or incorporated into, the project, which mitigate or avoid potentially significant traffic
impacts during construction, as identified in the EIR. The Town further finds that the change or alteration in
the project or the requirement to impose the mitigation as a condition of project approval is within the
jurisdiction of the Town to require, and the mitigation is appropriate and feasible.
5.0 FINDINGS REGARDING ALTERNATIVES ANALYZED IN
THE DRAFT EIR
The following findings and brief explanation of the rationale for the findings regarding project alternatives
identified in the EIR are set forth to comply with the requirements of Section 15091(a)(3) of the CEQA
Guidelines.
The consideration of alternatives is an integral component of the CEQA process. The selection and
evaluation of a reasonable range of alternatives provides the public and decision -makers with information
on ways to avoid or lessen environmental impacts created by a proposed project. When selecting
alternatives for evaluation, CEQA requires alternatives that meet most of the basic objectives of the project,
while avoiding or substantially lessening the project's significant effects.
Four alternatives to the project were defined and analyzed. These alternatives are described below.
5.1 ALTERNATIVE 1: NO PROJECT/NO DEVELOPMENT
Alternative
This alternative assumes that the project is not implemented and the project site remains in its current
condition. The No Project/No Development alternative would involve no changes to the physical
environment and thus would have no environmental effects. As such, this alternative would have generally
reduced impacts with respect to aesthetics, air quality, biological resources, GHG emissions, hydrology and
water quality, traffic, and noise. Construction impacts associated with the project would be avoided because
no development would occur on the project site. The existing single-family residence would not be
demolished. No mitigation measures would be required for the No Project/No Development alternative.
Overall impacts would be lower than those of the project since no change to environmental conditions
would occur.
Findings
The Town finds that the No Project/No Development alternative would avoid all of the project's impacts.
However, the No Project/No Development Alternative would not meet any of the objectives of the project.
This alternative would not: develop a well-designed project that facilitates achievement of the Town's land
Findings of Fact 10 January 2019
DocuSign Envelope ID: 1E3F4FE3-7B2F-467B-8961-FD77361AA12A
375 West El Pintado Residential Project
Final Environmental Impact Report
use vision for the project site, as contemplated in the 2030 General Plan (Objective 1), would not provide
housing including low-income housing (Objective 2), would not provide new housing to accommodate
households varying in size, type, and income (Objective 3), incorporate stormwater best management
practices to increase on-site permeability, infiltration, and stormwater treatment (Objective 4), would not
provide infill development in close proximity to commercial and employment activities that are accessible by
foot, bicycle, or transit (Objective 5), and would not provide on-site park facilities and pedestrian paths,
which will enhance the neighborhood and integrate with the surrounding community (Objective 6). Further,
this alternative would not preclude future development of the site. For the reasons described above, the
Town rejects Alternative 1 because it fails to meet the project's objectives. As such, the Town finds that this
alternative is not desirable or feasible and finds that the project is preferred over this alternative.
5.2 ALTERNATIVE 2: EXISTING ZONING
Alternative
The 1.88 -acre site is composed of two legal parcels: a 1.59 -acre undeveloped parcel and a smaller 0.29 -acre
parcel developed with a single-family residence. This alternative would involve development consistent with
the existing zoning designations and therefore would not include a request to change the site's zoning.
Figure 5 in Section 2, Project Description, shows the zoning for the project site and surrounding uses, and
Figure 6 shows the General Plan land use designations for the project site and surrounding uses. The larger
1.59 -acre parcel is zoned Limited Office (0-1), which allows a wide range of professional offices provided
that no merchandise is stored, handled, displayed or sold on the premises (DMC Section 32-51). The smaller
0.29 -acre portion of the site is located in the R-15 Single -Family Residential Zone, which allows for uses
including residential, that complement Danville's existing small town character and established quality of life
such as, but not limited to, detached single family dwellings, publicly or privately owned parks and
playgrounds, group homes and health facilities caring for or having six or fewer persons reside, small family
day cares in addition to the residential use of the property, and residential greenhouses under 300 square
feet (DMC Section 32-22). Consistent with the 0-1 and R-15 zoning, this alternative assumes that 0-1
portion of the project site would be developed with approximately 24,241 square feet of professional office
space to a height of 35 feet. The existing single-family residence would remain on the R-15 zoned parcel
under this alternative and would not be demolished and replaced with another structure.
Findings
The Town finds that Alternative 2 would meet most of the project objectives. However, because it would not
provide housing, including affordable housing, it would not be consistent with project Objective 2 or
Objective 3. In addition, this alternative would increase impacts related to air quality, GHG emissions, and
traffic. Therefore, the Town rejects Alternative 2 because it would not reduce the environmental effects of
the project. As such, the Town finds that this alternative is not desirable or feasible and finds that the
project is preferred over this alternative.
January 2019 11 Findings of Fact
DocuSign Envelope ID: 1E3F4FE3-7B2F-467B-8961-FD77361AA12A
375 West El Pintado Residential Project
Final Environmental Impact Report
5.3 ALTERNATIVE 3: M-25 ZONING
Alternative
This alternative would involve development of a townhome project on the 0-1 and R-15 parcels, but at a
higher density as compared to the project. This alternative would propose to rezone the 0-1 and R-15
parcels to M-25 and would involve construction of three townhome buildings with a total of 44 residential
units, which is within the allowed density under the M-25 zoning district. The buildings would be two stories,
or 35 feet, in height and would be arranged in a courtyard formation around the perimeter of the site with a
pool and clubhouse near the center of the site. These units would range from one -bedroom, two -bath plus
den up to three -bedrooms, two -bath units. This alternative would provide 94 parking spaces with 69 of
them being covered. A majority of the parking would be provided partially at -grade and at -grade under each
of the three residential buildings.
Findings
The Town finds that Alterative 3 would meet most of the project objectives. However, this alternative would
increase impacts related to aesthetics, air quality, GHG emissions, and traffic. Therefore, the Town rejects
Alternative 3 because it would not reduce the environmental effects of the project. As such, the Town finds
that this alternative is not desirable or feasible and finds that the project is preferred over this alternative.
5.4 ALTERNATIVE 4: SINGLE-FAMILY RESIDENTIAL
Alternative
This alternative involves rezoning the 0-1 portion of the project site to R-15, the same zoning as the existing
single-family lot on the southeast corner of the project site, and developing the site with single-family
residences. This alternative assumes that the existing single-family residence in the 0.29 -acre lot on the
southeast corner of the project site would be demolished and replaced. In the R-15 zone, the minimum lot
size is 15,000 square feet. Therefore, approximately five lots (or five new units) could be accommodated in
the 1.88 -acre (81,893 -square -foot) site. The residences would be two stories, or approximately 25 feet, in
height. This alternative would also involve preserving the natural features of the existing on-site drainages
to a greater extent than the proposed project, though some portions of the drainages would need to be
covered to accommodate vehicular driveways and pedestrian walkways as needed. This alternative would
include on-site pedestrian walkways and open space areas, though these would be developed to a lesser
extent than the proposed project and would be for private use.
Findings
Among the development options, the Town finds that Alternative 4 (Single -Family Residential) would be
environmentally superior to the project as it would involve fewer emissions of air pollutants and GHGs,
decreased construction and operational noise levels, and reduced traffic. However, Alternative 4 would not
meet objectives regarding land use designation of the project site (Objective 1), the provision of affordable
housing (Objective 2), providing housing to accommodate households of varying size, type, and income
(Objective 3), and the provision of on-site parks and pedestrian paths (Objective 6). Alternative 4 would
meet objectives 4 and 5. In addition, Alternative 4 would not be consistent with General Plan Policy 1.05.
Findings of Fact 12 January 2019
DocuSign Envelope ID: 1E3F4FE3-7B2F-467B-8961-FD77361AA12A
375 West El Pintado Residential Project
Final Environmental Impact Report
This policy discourages General Plan amendments which result in the loss of lands designated for multiple
family housing. For these reasons, the Town rejects Alternative 4. As such, the Town finds that this
alternative is not desirable or feasible and finds that the project is preferred over this alternative.
6.0 NO RECIRCULATION OF THE DRAFT EIR IS REQUIRED
In response to comments from public agencies and the public, the project has incorporated changes
subsequent to publication and circulation of the Draft EIR. All of the changes to the Draft EIR are described
in the Responses to Comments document. Pursuant to CEQA Guidelines Section 15088.5, the Town hereby
finds:
1. None of the comments raise any significant new information that would have to be added to the Draft
EIR;
2. Factual corrections and minor changes added to the Draft EIR have been made to merely clarify, amplify,
and/or make insignificant modifications to the information provided in the Draft EIR;
3. The factual corrections and minor changes to the Draft EIR are not substantial changes to the Draft EIR
that would deprive the public of a meaningful opportunity to comment on a substantial adverse
environmental effect of the Project, a feasible way to mitigate or avoid such an effect, or a feasible
project alternative;
4. The factual corrections and minor changes to the Draft EIR will not result in new significant
environmental effects or substantially increase the severity of the previously identified significant
effects disclosed in the Draft EIR;
5. The factual correction and minor changes to the Draft EIR will not involve required mitigation measures
or alternatives which are considerably different from those analyzed in the Draft EIR that would
substantially reduce one or more significant effects on the environment; and
6. The factual corrections and minor changes to the Draft EIR do not render the Draft EIR so fundamentally
inadequate and conclusory in nature that meaningful public review and comment would be precluded.
7. Additional studies that are added to the Draft EIR do not reveal any new potentially significant
environmental impacts or exacerbate the unavoidable significant environmental impacts previously
disclosed in the Draft EIR.
Thus, none of the conditions set forth in CEQA Guidelines Section 15088.5 requiring recirculation of a draft
EIR have been met.
January 2019 13 Findings of Fact
DocuSign Envelope ID: 1E3F4FE3-7B2F-467B-8961-FD77361AA12A
375 West El Pintado Residential Project
Final Environmental Impact Report
7.0 FINDINGS WITH RESPECT TO MITIGATION OF
SIGNIFICANT ADVERSE IMPACTS AND ADOPTION OF
MITIGATION MONITORING PLAN
Based on the entire record before the Town, the Town hereby determines that feasible mitigation within the
responsibility and jurisdiction of the Town has been adopted to reduce or avoid the potentially significant
impacts identified in the EIR, and that these mitigation measures reduce identified environmental impacts to
less -than -significant levels. The feasible mitigation measures are discussed above, and are set forth in the
MMRP.
CEQA provides that each public agency mitigate or avoid the significant effects on the environment of
projects it approves or carries out whenever it is feasible to do so (Public Resources Code § 21001.1[b]). In
mitigating or avoiding a significant effect of a project, a public agency may exercise only those express or
implied powers provided by law other than under CEQA (Public Resources Code § 21004). The Town has
specific powers to mitigate effects that occur within its jurisdiction, namely within the Town.
Public Resources Code § 21081.6 requires the Town to adopt a monitoring or compliance program regarding
the changes in the project and mitigation measures imposed to lessen or avoid significant effects on the
environment. The MMRP for the 375 West El Pintado Road Residential Project is hereby adopted by the
Town because it fulfills the CEQA mitigation monitoring requirements.
The MMRP is designed to ensure compliance with the changes in the project and mitigation measures
imposed on the project during project implementation. Measures to mitigate or avoid significant effects on
the environment are fully enforceable through conditions of approval, permit conditions, agreements, or
other measures.
Findings of Fact 14 January 2019
DocuSign Envelope ID: 1E3F4FE3-7B2F-467B-8961-FD77361AA12A
Town of Danville
375 West El Pintado Road Residential Project
Mitigation Monitoring and Reporting Program
The Environmental Impact Report (EIR) for the 375 West El Pintado Road Residential Project
identifies the mitigation measures that will be implemented to reduce the impacts associated with
the project. The California Environmental Quality Act (CEQA) requires a public agency to adopt a
monitoring and reporting program for assessing and ensuring compliance with any required
mitigation measures applied to proposed development. As stated in section 21081.6(a)(1) of the
Public Resources Code:
...the public agency shall adopt a reporting or monitoring program for the changes made to the
project or conditions of project approval, adopted in order to mitigate or avoid significant
effects on the environment.
Section 21081.6 also provides general guidelines for implementing mitigation monitoring programs
and indicates that specific reporting and/or monitoring requirements, to be enforced during project
implementation, shall be defined as part of adopting a mitigated negative declaration.
The mitigation monitoring table lists those mitigation measures that may be included as conditions
of approval for the project. To ensure that the mitigation measures are properly implemented, a
monitoring program has been devised which identifies the timing and responsibility for monitoring
each measure. The project applicant will have the responsibility for implementing the measures,
and the various Town of Danville departments will have the primary responsibility for monitoring
and reporting the implementation of the mitigation measures.
The first column identifies mitigation measures that were identified in the Draft EIR. The second
column, entitled "Action Required," refers to the monitoring action that must be taken to ensure
the mitigation measure's implementation. The third column, entitled "Monitoring Timing," refers to
when the monitoring will occur to ensure that the mitigation action is complete. The fourth column,
"Responsible Agency," refers to the agency responsible for oversight or ensuring that the mitigation
measure is implemented. The "Compliance Verification" column is where the Responsible Agency
verifies that the measures have been implemented.
Mitigation Monitoring and Reporting Program
EXHIBIT 2
DocuSign Envelope ID: 1 E3F4FE3-7B2F-467B-8961-FD77361AA12A
• �•rV
ar
To
m
L 0
N
Q
2 o
o ° C
ra 47.
no =o
C
u
1
CO C a)
E > -° 41 0 00 N >n
u aL O
O> m m o V CO L 0a -° V Y O
Y C Ql O E Y O 1.- C V .v >. O N
c O_ N d 'Y°- L m p L C 0 N •` O- bO 0 .Q CO O N i, L
0 CL ILO
'O Q) fi GO LE ` y,, L > +' C m N C_ Q °- a w c
N -° Q aL.+ Y a) C ° 7 >> Y Q) Q) 7 0
c° o m N_ ° 411 O o o x Q C E
°1 3 3 Q o w m o N .- > c a o L v aL (13 13 s m p Q) y
c •v •= c m o c o o E v N Q Oa O' m v o o m y a) E vi N 5
m` N 7 m O a) w O. m a) c a) 7 4J Q) c E N E o
E ›..CL o o> 3 o m o Ln CO v c> N o
Y
Y ° a1 i, ° ° Y •N Gl N O 40 o N O_ •m '� V>f
:_uoc
C E ON a+ O -O, Lc O u -°Op E L CCto
3 Na1 al L N C V y_ Y �a CY O -.=—:5 o o � y F ani c .� `0 3 a`) 2
- a) L
.mCI
C vmi ..0j:::
O V N C C °- a) N ,C 7 w Y CO
co
'X O •N N Q L00 U m .i_ m e 'a+ Oa N N° m L o= Y -° O
° c 0 c v o= t v o `a o "11'� _ °0 `o v o 3 4- o o m O.
0 3 o v oc To o -a `o c _ u
v v c on ° 3 c ti ° m° °c '- °• v �_ o c o Q u a" > s
. Q) u p N C n p L N a'Ji «. m N 'i •° O y - v v v
-O Y a1 m 4 m U O = V • a1 a) Y •N Q L -E-
1.-, L
N YO -° Y `^ N N m YO O v°i m N a' w L (13
N c °- O 1-,
v E NJ E O O s co 001 m O Q) Y .6.,"" m °- V- 'O ° N m Q) O •� +L+
-CS
o o a N- > E c o •v m a 0 3 m e
eL m m 0 .o 43
-O :Eci
mv v �,>40a N 0 4' cu s T>m'vi°.vEo- N >' mQ1 `°O = h VTi Q)wf6e"Io>Co NN4Y-0'" m E`0c 4aWc3 OQ)cCC Y W N7 L ° -Q Y V NI 0 Q C °
ul
_ U
a1 U v N Y N N Y Q L 0 0 +N N 0a �/ i F c = CO al C m a y v
O Q p ° N al C —y `� m~ i 41 �_ m ?� �O v ° V .,,. m c N m
N N ... L
O CL m v o a) ,17.;
-= > O On co r+ °_ N O al +-' Q i m E 1.13
Q a Y V '� al m c Y u- 0 'O c 7 0 °' N Q) yam,, .t' 0a w
a) L N N (C1 U i)1 N V O T Y a1 7 •� OA L L 01 ° CO C
N i c 3 0
Q) Y N C N a) c E E u Y .� Q c Y W Gl N C >• YO o O_ > OOa N
O l0 > U O m O. ' m 12 Q m Q) O — O_ O_ 'O yam., c -0 i LO i CCU
O O-
'O O Y m _ > E C a) L m cc c N N N m m 2„.1 N Cl. m c✓
° p CO N Q/ °- N N .Q L •" C -6 E Y O OA OVCA °) ,X O s- ° aJ O �) N
'O 4J m Q Y C Y E vV.- m YO L 7 .' ? a) O X X Q j, L L fjL }' C Y
O— •U C 30 `- m fu U SI — N Jo u a) a) C m N i Y Y i •i W o
O L C N O
>> v n 2 0 m _o u -o v
C
0
(13v
Y
c
0
0
7
G)
O-
O
o_
LC
Oa
c
f0
Oa
m
0.
°
0
0
0
_c L
Y
m
U
n E•
as y
.1-",
>
Mitigation Monitoring and Reporting Program
DocuSign Envelope ID: 1 E3F4FE3-7B2F-467B-8961-FD77361AA12A
ca
0
(0
>.
C
`o C
o
E a
0
c2
00
0 00
C
Co E
F
o
cu o
0.
MI 0-
2 a
0
O OC
cc Y
00 -0
Y c
c°
o (L) c c
3 > C'-
0 m ° >
H 0 a 0
O an 0
CU 7 0))
00
7 Q
CU
CO
0 0-
V (0
:t c v 0 0) so
° w t
-C UL a
ao 0) (0 .
Y
wvyi 7 7 CO 0
> 00 0 U.
m .0
a pre -construction
buffer as appropriate.
C a) al
i CO(0Y 0 0 0�) 0) H . C 0 L tF
yy Y n
(0 C fn 4- 4- y O v (0 0)
C 00'0 •- O L L O > C N O O' N
CO C 07 Y Y Y O Y C t0 Y
O 'Yn V i) 0 0 )0 L fa C �_ O C Q
0) v C O w N O Y 0) 7 U U C 0
ti W 0 0 0 o pO' Y `y ) O 0 `� L y 0 00
a Y +- N cn o ._ 0(0 C c v
> ,o 0 (0 0 3 c 0J L o° .-c5: v
CD cE bp - n cL7 -CS c a Y o �° " c >
.NO 'D y f>0 0s wt •01 U Y 00 O Q) '� O it - 00
C C >
V eon v (0 .0 L O_ 0 > '17.0 -0 N 7
0 C 0u .--I a) (0 a C -0 .0 Y f0 0 N 00 W 0
vs C E C
00 U O L '>6 C 01 _ 0 o .1-,
C O p)
'^ 0s o C E 'E 'Po L -0 w 0 Vf (0
O O Y
0A vs n7 O 4 01 � N L C cu
u -0
Y •a) U O m 7 07 0) IL 6 c 0) -= 5 it ° 2
}'cu > C E eA _ 0. Y "0 .0 ati (0 L (0 O. N
c Y f 0 0 -6 U a) Y y O0 6 0 �p E0.
cu 4-
Y C L y O y (p 01 O.0 01 4- L 0)) > (Y0 OU
O H
N O C L 0) .0 C c_ w E O C L e0
"a L y 'Yi) L., u 01 a) E 0 E > ,f4- vim) 7 C
Y utC 'O O N 07 C +' N O C -C 7 Y O. (0
0 o o-8 > E v 0 E n ar -0
C
0
Co)
' p
tut)
C a7+ U O -° 0 (o -O -IC:
00) > C
N Q =
'0 0) '0 .0_ U 0)
73m
U(0 7>, C H C i 0(. n7 07 L 7 0 .0 .0 a)
O N 0 L N N m O H 0) C O _01) 7 v Y w
a) a) ;Li' -O a) y C (°0 0) V ''' "O C E L L
Y v m a0+ ,+' > 7 7 w O. N C S a1 Y
u > o 7 (o
00 C 07 a) O N 0) Y L ut 7 Q) �-
f c 7 O L 0) 0) '0 _ ' 0) N (0 0- .0 C °
o ¢ u C H.0 _0 y l o c o env 3° TD
N 0 v •O on N N 0 .0 +' O C C 0`) = g
U to -1- L C 0 0 O> f (0 N_ f Y a' E
„" i co y= u u e m° c 0 vs 0)
'� E L of E t0 n7 v Y C (0 -O C v( +'
C O 01 vl C co O U'' 0) vi +co C (0 .N 0
0 C L Q° Y 7 C E O •N 'n O L 00
U
u°.. m (co Y 3 3 00 H 0 cc n. 0.c .0 0.
0
O
U
O 0D
C C
n
(0
co
L
t -O
O C 0a0
O. v
0) -° +L•' 00
(v (0°c v c
C C (0 .0 Y
L - O 0) °0)
u (0 E> E
C c Ok_
a.
a N N Q
> 0 -0 N
00 U
C a)
CD
N L C at.+ O
_ -0 v) 0) 0 4-0.
(o C Y E '�'' O 0)
E c0 0) y ut L
Ig _ ut E, V O0 .
O O f0 v E O_ c C
(0 Q 0 0 .0 E C +L+
UgU�HL- 3
Y v
( ° v u 0 > o
U O L 000 Q O U
v
0 O a) w f0 _ 0 -0 'an
6
L K F O u E '0 ut
0) C U a) 7 ns L .(..
X.P LL (0 >• v N O
01 co o a1 .a 0) N 4 Y
vs W
05 C
Q1
ra
3 m m = v (0"- Y c
0 ., c_ o 0)) M
y 0 u
U s o � E o -
v 0. 0 >
Q w 7 C
N O Q O 0 u
V
-° f Y i N_ C
,F (0 S' 0) a-0 0) E (00
•C (0
O. C (L A= -0 O E y
U
(0 -D y Y C "0 L C
i f0 E C C O (0 c C
c Q `v E -a U co , 0
cum
o •m 0.9 a Y o 0' v IP
N •C 2- N � 2 a
a, 0 = (o
0 f0 CO 0) < f0(0
C C C ti,
C C
ya. 0 0 0 t -E D 0 0
Na -° v o 0 -u:.6 -O
H .� -, "0 L L ca.- -, v)
Mitigation Monitoring and Reporting Program
DocuSign Envelope ID: 1 E3F4FE3-7B2F-467B-8961-FD77361AA12A
0
a)
1)
w
a
0
O
N a
1X
c aIi
•trw�
a)
ns
0
(0
0
00
c 4
•
L N
O
O
E 0-
0 O
2 z
Oa
c
o C
o
2
C (0
L O
(0 0-
(O a
CU 2a
O
O ° C
•
m
no =a
,a,
2
0
O u
C
O N
0 .�
C
E
co
v
OA a
a)
a) E 0
-C 0) V
• a (o
ra a)
al
Y N
>.
cu
a) a CO
> 0 -C
O c
(O
LL
CT -o a) 0
oa N 4, N •5 C = 0
O N L.13O
a1 O O M U 03
u
W C)fu
c "a N C C
Y• O 0 O 0 CC
C a) C U c
a- O -O •(O 00 LE 1.2
O Y C U C Y CJ
0 7 Nm
OIn N Q ° E. 3 V7
E Y u ° -° C
C w v C O p
H U (o vs
yO 0 (O , o YQ.0e'aEwQ0o
`L
v a) a)
a
E c
L o
c C v C 0 'O v
a o a0 3 CO
w 0 (0 4,
0E Q -°
.L oUc
oO 0) >
() 7U a) —Q -' CO E
C3 E iV v o0Lv
ea
E `0 o Q°° cc o a)
(o a -oY
v L 7 a) '00 C W (O
-O ,LA to S O° < u N O
-O o c E u a°i anoi
o a, L E v, > y
3 co aa, tr)
Y
C m ° L c (0 E(0 o
4,0 C 0 N
i Ok
Oa
a
mci ouL .
`a (0_L"n 'lc
0. C
caw, co,E 0_ u Yv
0 a 0 c 1 y 0. C .�
Y= 0. /3 u4)=L2 Y
a) _rl N D o 0
0
0
O U
c
O N
a
c
E
m �
00 a
-° -C B
>. > (9 N N p
au N 7
w' v w = �O O- O- O
0 O E
«7 a) C ? O o N Y a7 a) (0 (0
D a) .2 C h E -O E c
v Q m nvo -17.2
°+ t o aN3:
7115
> t_ 71
0 Y (0 (0 N 0 00
Q a) U CO a) `� w N a)
.5:
s E 3 o s `0 a) oo 1.-,
a) tO ,F, O C ° L .0
' ,�. v 'E• -
CU L N w O ++ C Y (9 L _
a^ v N0 s- o H E
C i= na (0 -a vi c a
(0 (0Y -° ,o E° 0 u Q
V Q. (0 N >.
S o .0 U E
((0 N 3 T O O C a) o Y a1 E N
O 4,, O _ n0
E Q E E N c E m v 0 O> p
L L O(0 N (0 ON N c . (0 O
Y 4=0
i L ,,,.,.,°
a) f0 co a `.-
N O V a) C •( a
c o cvs ° n_ 0° a E v v
Y 13 aY oN (0 (0:- .L (ca
N EO O -O cu N L (o C 3 aN+
CO L 0 C U L a0, H 1.0 Q N a)
W 0 0 •° c +°. W 0 3 5 0)
C\ N U ...2
N 'a 4-s..._
w ,�, a3 V L
a w
N o ,� 00 'a N N O H O -O .0
Oa N Y a, N w C
Y
ns E E as v a) o° 5 v
r.1=, 3 o m v.
H o° ;4' c°° a o
O N -O 0: ,O. 3 o H .0 L
N 0 L +' i Y C= (O IP L p O
C •5 N O V 721 (0 0 L .-
N � (0 O ° N. a0 N N
Ev x= 1 3 5 2 ° c '.I
_ ;OU N Y Y a0+ -C:
O
II.
c---..;'‘c,:,07
. v c m m .,
C U C C co O E v0i i a)
O O O E vi . (O C E U
N u a .47'(0 N 4J 20
° E N
CU
OO (� a7 Oa nD t]. ,O. 0.1
'C a .:4 L N
E m na a
2 cc 4 5 5 w° w(0 5 o° (a O ,an
Minimum requirements for mitigating impacts to wetlands include:
al 2 G)
V
O O '.= CO
CO
-ar 6 Y N N -O
(c0 0 L _°a) O0 ,0 @
N a! T N - -O O 4
O
3Y .,' -O
Y a) V N N C O
C "a C L v 0 0
c -, OOa C ° ° O 3
CO i a) L.. ha i
E v
Q L >'s cL
c. E L
U 3 V 0
c', v v m
o a) C C �O C (O 7
C co O C
° ° m c 3 (o
iO O -a co a) c
0 2 C a,a j s ,�., (0
O 0
E 0 . a) .= v N a,
a E N >,
E N o .3 c L oc
E " Q Q. 7-: n0 ._
•-o
c arL 3 cc. .4-,
E a) a c
c E
u, coE ° v -o 00 0
M Y o a 13 -CS
E 0 w
a a v ' .E (- E °
O
3 L c „ v o -o
n7 a O -0 C I. C
v a, E>- C N ,,; ° E a)
a ,= m v
Y Y Y ,
CL °, o a) D Q a) L 0.0Y
E U O Y
5 N o a a) E a) Q Q
_ N O
o c o 0) O c c (o
—° v c O ?' c O 00
C 4-'
4- N O ° co o
E 30) a• i :s.., y
0) Y 0 N y> O ° N
° -' y L E
0.0.9.. 2 (O LL
c (O y
OAC .� O 0 4, E °U ? N
•
Mitigation Monitoring and Reporting Program
DocuSign Envelope ID: 1 E3F4FE3-7B2F-467B-8961-FD77361AA12A
•trw�
CO
0
m
c
00 =
0 c
E 0-
o
2 z
on
o tip
C c
O E
2 F
rte,
vs
_ O ` 0
TO ,n CO O
Y
O m L - 10
c O2 E CU C c cc sio O O
O > v Y
b.0 _c 3 U Q 0 .vs 4 c
O VI + v)
C ''E m c D m -O >
a) os E s+ c C. 0
E u c o >, 4 «0 u
3 v O C s U E O
LL O -O 0- m 0 ao.
� -O O O E 7 O a C
3 6 Y VI
0 o m
O "O 0 c Y w- U
Cr
C a CO C E 4' CU 0
O c
Y
m p co ,i) N a .� cc
U °- C C O Q a) Li
ry v m O y 0. a 0. U
v LA N N •c U N
ac 3.ar °D�`m � 0
u = • C
U> .0 aa)) E o.4 m 'o c
C •u -0 O 0
o0)n to v> o v i 0 _0
a; m :Y 0 o E o =
-L E Y a+' ar c -o u
C N L v N 7 E O Q
0 0 0 Ou CO C Cr 0 0 U - 2
L m C -O
o 0 C 0 E s" Q O c
C C 0 LO O m CU ..= m
IJI
o E- ° 0 Y E 3
v
a) . o U v ai • L E -o o
'L.' 0- a) C U +'' Q) C > "O
o o b , v E o a
LNm c w vy 0. m
'
O c a)vm LL ''
0.Y
CU 7 u .4 -0 0 E E �'
L -O a) 40
0- ami O w .9 i)
a rco E w- `u 3 co a) u m
'O c Y
■ Q m Y
0
0-
0-
m
U
0
n
0
O
O
O
a)
E
O
CI)
Q
0)
L
Y_
O = a)
a) o O a) v
s )0 f0 3 0) Y
N •
U 0 > m C
O- i 0 .,..,_>(°
c n
CL m E 0 0 C
m L 2- O
c O.1.-.
0)
vs 0
m Y f U
m 3 -0 v
N a) > o E U
M .4, X
O E m
o -0 a 0. •c a)
v CO E -C
as 0.1 -
O0 Fu Y Cnw C
0 O C c r!
O N Lw _ m
E Y
E c m O - m
a)) O LL C
5 '- c 0 m 0
is N a' .N ,u F
v 0) m '> a a)
C Y0 p O. ,L,
F
0 0) o
0Q.0y s
H E O .E 4L.' "O
Y OL c C
0 m m V
3 m n a .a) E
>, O. ' O
0. 2'. v
2 a) 3 v 0
O N v H m
_ CU
w
m o ar .c o 6
L
'n O o >- m
a
CO + -o U O
U N > a) m
Y C -00
O.. O co E > a)
m Y 0 - 0 .N
a) C E
r 0 7 a) `1 C
F- 0- u 'O 0
O
0
00
c
c
a
C
0
a)
L
s
R
0
0.
c
a)
0)
0
U
CU
a)
L
v
0)
0.
>-
0
O oa
o c
a 0
-0
0
a)
C cO
a),
a)
s
v O
M
w 0.
a)
> +
construction
measures
N c Y a)
f0 '0 Ys
i) Y >:, a '0
+ u v OCL 0 O O
is Q) O O(0 C 4 L
..ca E U • m 'n
CU — > Y
0 Y a) a) "= a) O
C V
O Y C V- (J
O �" -
4 a) OC a) 027 — c 7 c c
m
N C O v) - oo to
C m U 'O 9',7) a) c
O U i s -'O c C -C
�- L VI c v ,c, E- C
0 CO O aL' CO -O m
3tr
CM U On E U v
;n 13m O= Y C m
v c C 4- m w o_
Y c c Y .o O Y CO
w C 4 -9tr) N ' a) "m6
0 >, '0 -0 w- ( w c m
O iL 0 > a, v 0
to �' w in > E
0- o- a) a) o. V= E 0
CO
Q CO -O co c O L
0) c N s N O aL' a) a,
c QS V
E n 3 bO v 3
io L c O
a) m ,' •0 a) 0 E 0- Y
E L v- c Q O 'O `�
n .y w N C
v °3 E •> a) m `0 2 v
C L
L C u~ N •> YO m Y
- :o a) O
v) > -0 .� C- +' 0 0 U Y
o v> o c E 0 v
L E c m Yo s 0 0 0 en
O L co u a, c m
N O L/ L -0 C L v ` a_ — Y
E .- N R t N 00 vii '^ c
co v C c
0.0 CU
0. •0 C c O X O O O in Y
c a m vOi cn U C L O
3 c aj
CU in 0 3 +� y v= °-0
O. L j v 0) (0 0 L to - m
o f 01 a v, Q E
CU Y
L O
C X.1 N M
Mitigation Monitoring and Reporting Program
DocuSign Envelope ID: 1 E3F4FE3-7B2F-467B-8961-FD77361AA12A
•trw�
a)
°
0
To
c
00 =
•L ,,
0 C
O
C 0-
0 0
2 z
c
° 00
C
O E
2i=
rte,
i O
(0 0-
03 0CU Q
G
O
c c
co
O }+
no v
.a+ C
u
(0
c• O
O
Ca Y mm Y
Ca
° C
V) f6
c v CU v
4-° v Y 3
O 0 a,
C 'teEn C — L
O'a6
_
0N O
L V a
v - m C
Q V) C f0
,7 c NV,
a) (0 fn i
Y L CO Y
C 00
a) CO C
C a (0 C
7 '., z2
v, Q
C O Co
O .0 u °
W Q • 0 0
h
.0 oE c
is `,- Q 0)
LY o -o
`)g
t= v 00 00
CU < 0
-0._ O >
a) V >
a)
c v0
co O
7 0"
al 0
00 0 C 0
•C _, 7 m
QV)
Q00 Q
5.. o (a `"
Q
N v) (a
C a) 0)-6
V O s0 ca
CUL -1: Cultural Resources Awareness Training
00
o °) c c
3 > _
(a>
I- 0 a 0
o 4-a) c c
3 c c
(o>
F- 0 a 0
2 c
V- 2 0
o 0 fa U
.� c OA
C VO n0 -,t,,'
C u5 E
7 C
m
.'� 00 0. d '76 O
4- N
14
Y C - 0 6 a)
ti v 0 0. 0 Y
c -C 0 (0= 0 0 v `o
Y Ca
(0 -6 0 co 5 fa c 00 4- 4-
O c v
ra 00 y 0 O �, Ca C 0 ++ O
Y O N 0 00 U Y C 'a C 0
Oa 0 0
i E c w E o
v> ° >0Y
(o v,7
construction activities.
-o L (0 -o
c a) • Y N a)
co 3 0) v c
16 N "23 (0 (a — 00 fa O
a00 0 .0 c i ° 3•4 E
0 O oo o C o 0 .7, N L7, ° 0)
ICa N co 0 i V U V Q L
c 0 0 .0 0 Y �, W to 0 aJ (a
• L
'O 0 a) N N ,0) C H To v C 0
(,c_1.o C i
C 16
a
m- o N ON ..�, o 0 O
E N Q c v 'vf .° 0 U
`7 Y v s 0 O O v
00 Y cu 0 N ,n Q ((0 a C 0) 0.
C ° `o c_ 4-'
w 0. E
0 3(0 E` a) a3 v 0 8
V C y Ca" -Co i O' O- -6 00
C y C '6 -6 V fa E 0 C
. ,Y O>. 0) 0 0 0Y ,E
or 0 w ,,= -O C >' V
u a, fo o ' . V- E (�
fco v c o E c -c 0_ i7.)5
, vi
O U 1:3":!:
6 ° Y N V -° L Y
V 'O -O C N N C 7 OV a +' '�
c c (o c o v v o.0
m , c
° +J c L a E ° o °u Q t >•• (o
C L f6 C 7 00 (o C a) vi ° C
° �, ` E ° - = a`, (a 0
00 Q ` 0"'"
N fa - i
O C Ora
v, O a C C pVj 0 (cb coY
�, 0) 00 v, E y (a "O 00 Q C
__ c ,n = o
0 ` L Y N U 4 .•C C O E w
V C V ,n 3 -O (0-
2 V L v, C i 00 O
a) .Y 0 c 'O ,in 0 a) •E in C .1.--,-2'
E a v E o 2... ('"o N e m o 7
E o 76 a, = 00c m �,_ 0n6
0 a) a- •0A Q c '° 0 E N .5 0 w aL-,
Y (0 E N Y a) 0) V ° °
O ..2 a°) 0 Q v 0 V 0C) C U O
c a)
° .? L (0 4U, aL+ 000 P. 0 d c 7 v,
u ,_ , 7 v- ((0 a, a) X (L_ 1// C
a. f0 CO 5 0 0 -- 0) Y. 0
1
CUL -2: Unanticipated Discovery of Cultural Remains
00
o v cCE
3 > C
O (o a>
H 0 a 0
(a
00
C .2
n0 -6 -6
0 0 j 7
o (o O u+', a+
0 0. v 00 'o (0
C
bCD O .c
IP U_
u
v
-0 NL
00 a) c C
O N O 0
0
0 U C 4-•
0 0 N
'L' C O
(0 (0 a) 0. co
of the find has been
halted until such time
as the find is
0)
a/
To
0)
te+ Y
a
fa U
L .1-. (a ci= 1, = 00
_ _ O C
-6 0 fo - O to co 0 `! (0 Q
(o '> 7 ,/, ,T, 7 CO L fa O 0
C +' N •C -° ,L.+ a, E Y 'O U U
O u a y rCa 3 C° -6 = coYO
W T Y a) '''.°
c
O O fa Y 0 V 0 Q al C
0 C �O 0 0 E L •-• y .0 U d a, U
E Y •
0) a, •°
0 H Vc 0 0 `~ 00 L0 `) - 0 N C
O O to °- 0^ - O -c a) O ° E °0
0 Y 0 £ L....:1-'
_co
C .0 C '6
00 -O :� O (0 0 0 co — = a) (` 0
E (Ca ab0 +, ,9 v — C 3 c ' 0c,
0 •N o E v '^ w a, .0
-o C N 0.0 a) 2 '^ U Y 0 O
CU 7-.." O L. — >. a) C Y
,0, _ a0+ C -O 7 (0 L. N L! E 9° C_
C 0. O 0
a.. 00 E
OV 0 -O (o V Y 0 7 L) fo N 'N a,
a.) 4.- (0 a1 ° 0 C 00 f0 = 0 a,
u,u
v O `- v C o .N _ CO TO E 'O
0LcI N c 0 u 0 7 w v( of a) a)
X Cr [a fa >•• ,- U
U L 0 N 0) bC0 v w C 7
3 ai c .c '� c o m ai 0n m°
0 Q 7 Y E N fa v c U= -6 v
U
a1 v U `•c L O v0, O 0
1/1 C .1,-, j C t +' v, to V L
7 (o 0 ca L _° ON Y i i L 0 4-
0.
.. o N YO C U L 0 O L
V Y8 y C E a) 110
c C U Y C -6 Y
v 3 `L" .0 "L E o. o° O o
w co Q 0 y 41 O .a 7 C 'VI a,
c v a Q, y a Q= O -o v
aJ+ U 0 b0 to a 0 U w. a Q
c >_ c L > • co L o E
U ° ~ tY/1 a) U Y Y
c -c3 v o a 0 0 v o Q va'
o7 7 a) a a) a >
c oY 0 n .
0,-
4-4
Mitigation Monitoring and Reporting Program
DocuSign Envelope ID: 1 E3F4FE3-7B2F-467B-8961-FD77361AA12A
•trw�
co
0
m
c
00 =
c -0
0 C
o C
O
C 0-
0
2 c
onO y0
C C
o E
2i=
rte,
O
CU >
0
N a
CO 0-
Q
O
C C
0 °
ro
00 "i3
C
0U
by
C
0 CO YO
C
+' 0
E
C
O
CD '
H 3
C �
v c
3 O
a) 0
_0 00)
C
L a)
O L
C
.43 0 c
._
o E
v
E
C
O —
C _c
b.0a
Y Y
CU N
C N
N
UCU
L
•00 CL
o
O aLr
a)
fo 0
c
m o
a) o
L -0
C
a)
E
C
CCO
CU 1—
O
0 jo
*' U_
0
Y b
c ro O
V 0
v
0. c
0
v m
Y U
L w
-o m
O O
c Y
Y
L 40
C
0 al
L O
roC
0)
b0 >
O
O L
0 0
n3
-C aL
i 9
f0 +�
a) >
4_ U
0) O
b0
C
a o
E
i 1=
(.0
`o
3 ,
00
00 C
C
C
O Y
C C
o ar
E aa))
O
O
0)
C1
E
O
0
Q
3
a)
0
C
E
n
a)
L
0
0.
a)
b0
0
0
E
0)
O
c
O
0 u
c
O in
c
a)
0
construction
110
C
roE
C O
U
C i 0
a) 00 a
v c '>
< o 0ro
a)
c no 00 .c ac)
a) cu
3 u .> L L a)
Y 3 -0 L N U Y C
v C
C C . C O
CO . ++ OU Y ,C 3 N U
L
Y V T
C CCO
w c O c0 30 a) O L m L 3 C
0 3 YTO Z
0> C N C 0= 4— (0 > 0
> a) 3 0) 0. CO 0 L co a) U
a) c . 0
i
CEI b0 U
ti O Q - C
C i
O 3 YO a) C u
+ N N L -0 co
c 4-
3 c Cw O
ac) c0 C _ Y h N
C Y o E o ar
0U cn w 0) C 0 O
0 v >T a) YO 0) U
a) c0 4--.
L Y N
0 0• N. o J 3
0. i) V 00 L Ln
b0 U 0) N 0 C
(: _
0 L L 0O co a)
• 3 3 Y 111 L Y ,45
C O a) C u a) a)
a) + C O 0L C
N C C0 •*' O O-
a) N V( O OU t L
0 R L o v 00 C
SU
C 0 0 Y 0-C
a) a) c (.) . L Y
a) L O in c C
c0 ns O ` U 0
VI L 0 N C
C' T 3 a) 0 3
co� •' °� ;^ 0
C a) C (1) L
0) O� 3 0C c6 O-
Q., o U . V c� a)
03 C a) -0 v 1 'Co
E o Y 0 E V
0 Q
s v c > aci E
-o N 3 1.0 -o Q
CU v C CO ar
.4= C 3 0M Z C >
C U V ` OL
a) T O 3 0 .+Z
2
w CO L C p 3 a)
3 CO of O Y O of
ill
c c 3
7 O c Q N
.0 CO CO 0-
L .O O E C
03
6
Y C v a) C
0- a) C 0) L 4_
= C c0 C H 0
vi
C
co
CU
CU
L
DO
c
To0
0)
te+
a)
L
C
3
O
s
0
4- -o
0O O C
110 an
O. > c C
0 8E
0. C
�—
C
m oa.0 o.
O^ v
0 N C 2 .0 .-.
.' c L 00 o O> c a) v
C •a+ 'o-' n, ~ .vc O no U
C 0 O
O Y (Y00 0 0 Y co i0 ++
co •O m Q Q C b0 N c
• O) 0 io Q .0 x 3 •C O O
0 E
O4 N �' a>i ++ C N 4(';', b0 0- a7 N
CO C
C c O YO Q0 .0 0 N C) O y C
b0 0 C N— 0_ >O C C cn ,c- 0
U v� > f0 0_,(::
E QppaoC pp
C C C 3 .0 cn C v a1 C N .0
V CU co
L o C O O cO 7:3o C L O O by
O C •0 OU c a) v= o N v
b0 O` V> C 0:1)
3 L y, C
NM O— a) N 0 3 0 N CU s- 13C V C
00 0. R 0 > C O O u- a3
C 0 N U b00 C o .T C E m 2 C
E> C cn m co N 'no co 0 0 0
-- •c v c(0 U E v o y
— w ,c c c n v no 0 n
a) .0 C 0 .- N 0- O .� al a) E E
Y L .0 O 0) b0 0 C •r 3 CO 0
C -0 co C N C U
0N 2 C CL 0 b0 C a) X. co V 0 N>
C O CO U Y a) 3 E v 0. 0
o 0 y - w > s E c c .� a0 co
C y, 0:c,
C O b0 `� 0 iv
CU
c0 OJ 3
an c0 C OV C •H Q N
C O) U 2 al D cO y1 Y 0 7 E +'
ar 7 .c c 0 c v 3 ar n 'c `°
E O ,0 L C - a1 �n O v E 0
E L (o Y 0 L N
28 1 O C C CL
06 C a..L ON a N
3 E'a a,
y 3 0(0 00 Q O> (0 O N 0 Y
v
-c.4-'
o> o a-0 o v s o
C C O U 00 0 N '—° '0
V a7 — 0 O. ` .0 0. TA -0 vc
cmO cn .0 0 �O E LO 0 RI 3 C t0 hc0
C Y C a3 _ E O. to O. O 0 ++
O f0 v a C N .., nj c v 0. m N
Q
V° a 4-,
`o o .c o 0 .o > o o
- c0 00 L O- H C Ca 0 -0 4— C U
Mitigation Monitoring and Reporting Program
DocuSign Envelope ID: 1 E3F4FE3-7B2F-467B-8961-FD77361AA12A
U
4)
d
a
a)
w
v
O
ce
O
N a
c 0-
a
3 Ln
•trw�
a)
Y
as
0
m
Y
c
00 =
• L •N
O c
O
C 0-
o
C
6a
O 0a
C •C
o E
2 F
rte,
cai
i O
0 -
CC 0-
<
O
c C
gro '47
00 c
a+ C
2 u
0
O
O
0
c
as
C
0
U
w
CU
C7
O
U
0))
a)
a)
>
co
co
a)
a)
0
z
> C
o
Q o a)
0- N
C
co
C
c 0)
>
>=
CU 5 C
CL n a,
ro
a
CU -0
C a)
-0 CO is
CO N
O. 3 c
CU
O O
U -a Y
N .0 i
c 3 Y
co Y
a) co C
>c 1 -
CU 0 -c
LE N Y
U
ca E O c
O a) co
Y
C
N N oa
C N N O 0-
Y y a
C
0 o C
+ 7 U ...
O co O C*
a c LI' t
.c al Y
> O N co
a) O a) O
'O •fp -0 z 3 00
0 -O Q Y l0
C u 131 wco EE
CL to .t w c di •6 ?ft '-
N
O is
2 E 7 E r 3
2 c E a7
3 do
L
N "O a) N .0
v. E p 3 0. al 0 O ro
0
a) co V -OO N -O N
N O .� c u O c
al
oa ro 3 0 • >
0 .. c E 3 a) O
a3 > O > C V1 al +'
m
a) ,.o N Q O a) V
E cu v
o C E a, ° cco
C p 7 E= 6
_ o
E o ¢ -O 0 w. N cc
faa)
Y Y
Q c • • •
eshold seals
construction
The applicant shall apply the following measures during construction of the project.
a) a)
w N _C 4J T
o O 0a N 0a a)
O O c Y C c fa C L
N Y C a) L 0 Y
v a) a) t
E N 7 C _ °a) • 3 - p N
C 2 c C •� O vi -O N E 00 Y
E o" a v o c
O O Y C Y 7 Y w -O O
7 C y N >, o -
a= 3 — tn 3 E a ° v as
'c' s v v OO N -O m Y 0
N t y K- 4— f0 C N N a1
O N H C a3 7 — a)
4, af Y
m a)^ E E° c .1 c
to O O. C N 0. to E O- -O = c >
on ^ v Cr+° o° E Q E •s O,
c a) U a) C c O. T. — -c •5 a) co N N U c0
Y
H C a) t co a) >' N -0 cu C
m o E�� N c al a) g
c> +'' >• C C a) as -0 v E co u
a) a) 74,7>a
` ••- a) a) - w O- C i
Q c 0- -.v o o '0 3 t m .6 an N
O a1 c O a) y,, a) c O N N
Y C
0.5 6 'O Ov O- C -a E O t 0 C ac) 'O C O
a) C a) C O> • Y Y •• a) C
i O N N E Q a7 a5
i 0 N 4) FOa r-+ O. " ) N a) L O O
L N 47 N C N +L., N N > vOi 3 d
0 coC
o° v? Q s a 3 v 0 a, m o c ,o c o cuv
4--
0.1> a) O Cr C L a Y N 0- 10 CO "O i 0 a) >
a U .N C N
H t E a) j N— •a w . m U N 61 N c .O ++
C • = Y N
c Q U y O 0 C N C N .E 0 Q 0- G v
c C (0'3 u a) coo O cco w 'N 3< '''
'C5 O i •C U a) N C E a0 N Y
ia'+ +"' N N c O. 7_ t a) C 2 1006 W c N O N
of co _
C Y v o v �_ 3 c° c N' -a (5 9
o n o o o c o Y a 0.2 c E c E, 0
`N tN0 N vi OU N U a) ` C W> i a7
7.7 E
Yv1 (0 al 7 c =� y 0- Y E u Q .47 ` C
c o a; ccoo > C 3 E 2 'c 0 c y E c o m 3 c o v
u 'N E 41 C OU LV1 0 "O OU W oU cU W co WL... 3 [a
• • • • •
Mitigation Monitoring and Reporting Program
DocuSign Envelope ID: 1 E3F4FE3-7B2F-467B-8961-FD77361AA12A
•trw�
0)
Y
°
0
m
c
0a =
c .0
• L N
O c
°
E 0-
0
2 z
c
O to
C
O E
2i=
rte,
a
>
0
O 0-
m 0_
Q
0
C C
O 0
aa _
6 -
Y C
2
N I^ C v
E v.2 of a1 .- C
f6 Y u L
0 CU 3 N ao ° m L
Q O O. -0 `0 .O -. C fl. U '
C N a1 i N v
4C, COCvs C C C `/ +L. a) N +' C N a1
E '= o co (5 C w
-4 Q L v O Ou °- 65 O C U C °- -0 `1
i E v oa
*' E L O 0J 0 . 0 C 61 in !�
E o 3 c '-4 v a1 o
v'S4-,-0 C C °U '0 co c N Ou w 7 �O N
> 00.0 c C v c.. M o 61 y
CO C 67 C ° C O 0 >. L 0
L 0.a > L° Y m 0 v c. ° E E
N v 0 aS w i L L 61 O C 7 a1
N"-0 E ,N, o Y v' E ,° N C C
_ n) .,, +6/,, N N 4-' +O, 65 u M CO C Ou
C E N N co 0. V CU Q 6/ a1 Y 0.
0 ea
ly
v - - 6 N`
a1C Ttu o cc o1 -3o
.—
0 0 L C L O E.0 a1 0 +L, L 0 E
�' — 00. N C N °- U O N i C
i> L 0 C f6 al -O E Y C .-+ Q
c fl N
vs
N 61 N 1- U _vs 0 co O -° 0 6/ C U O �+ +'
o E c -,.:,0_
m 0 o a 0 La"
C '�
° a3 -° N 4-'0,46_ a1 6/ Y N U a
N m a, C ^- n 61 v co ar E
. a1 0. N L 0 0 G1 0 7N .c 3.0 0
.0
_0 -c 7 0 1—N cYa L 3 o 'O
G Y Y 0 y• i./ C 7 N 0 Y N C 0
IA st,
co
"CS E7 .00 C R 0 E +L.. , H N a1 6. N
u .0 u .
Q ca CL o.? ? p N C 0 0 O n u p
7 Y ca w 0 ° as
U0 Z a1 0 N C
u E c 10 v 0 al O 6 O +L. O O O
m = Q 7 .0 a1 -0 06 c-0 Z 00 = 0 7
t CO viC 3 S aJ C C
61 a1 Y N L ~ y C "O vs vs
L > ° V/ ° N c6 N cL6 ++ C C
Cr) Y 9 Y G N C vs 3 '6 8 0a a1 O O
•
24 hours of receipt.
IUMitt*III: f1MIFi %
0. °
3 c .N
0 m >
H 0 H 0
W >. Y C
0
O
=.-
41)To 'Fa •W 0
a!^ 00 0. a . °u
3 0 03
L/ 61 Y
u E W
fC6 C i/ 0 6/ N
N ca N
N -C 7 + P O
G1 0 H 0
'> 7 .0C F-jc C a1
C 0 'n a.. N 0 v.0
QC �J N i Y N
O — —
ns
0 .0 c >C °- v
v`° a, 0 s
0 0 c N w Y 00 N
61 0A N C C v 7
+L.. N >O a7 cc6j c6 t
0 'D L' 12 N 0 N
_ N 0. 61 CU
0.71
'O
ca 61 ' L L >. E a1
> v I— +' 0 6./ -O
0U U 0 C +• L❖' - O
.CCOL
m 0 '3 `°
67 Y u a'2 L 0.
T
O L C i 0. O i L
' C O -4_—
Q N
E a E u— 0 0 c °_' 3
N0
a1 top C L O 67
° 4,-). N 0 . 63C
Y a1 0 00 i N
ca 00 0 -° .5 ++ C
y
o ' Y E v,
c-11 U
0 U� Y o v
61 -O 2 Q T U a1 YO
-° Y O u u .L-. c'
TD (7,+_, f6 0) °
C
N E ., O NC
C 00 U N u a)
U N CO E 0 coIP0
a2 *' C C m ° N
63 c C 'E Ou CO •' 0. 0
a) * -'‘-•.-.c 1) 0 C N O N uc C
U a7 fa C U 0
O� i 0a 66 ,� m a1
C di Y VI b0
v c'0 v,_-
1— 0 N 0. 1— 0 0- 'O
pedestrian passage.
Mitigation Monitoring and Reporting Program
