HomeMy WebLinkAbout2019-09RESOLUTION NO. 2OL9.O9
APPROVING MINOR SUBDMSION REQUEST MS 851-20L9, VARIANCE
REQUEST 1"9-0018, AND TREE REMOVAL REQUEST TR 19-0026 ALLOWING
THE SUBDIVISION OF AN EXISTING 0.76 ACRE PARCEL INTO
INTO TWO SINGLE FAMILY RESIDENTIAL PARCELS.
THE SITE IS LOCATED AT 46 SMOKEWOOD COURT
(APN 207-202-022',)
WHEREAS, TIM AND ALEXA SHANNON (Owners/Applicants) have requested
approval of Minor Subdivision application MS 851,-2019 to subdivide an existing0.76 + / -
acre (33,081+ / - square foot) parcel, into two single family residential parcels, resulting in
one additional single family residential parcel; and
WHEREAS, a Variance is requested to allow for a deviation from the R-15; Single-
Family Residential District zoning standards to allow for Parcel L to have a net size of
1,4,238 square feet, while the zoning district requires a minimum 15,000 square foot
parce| and
WHEREAS, The Tree Removal request would allow for the removal of two Town-
protected Oak trees with diameters of 36 and 64 inches; and
WHEREAS, the subject site is located at 46 Smokewood Court is further identified as
Assessor's Parcel Number 207-202-022; and
WHEREAS, the Town of Danville Subdivision Ordinance requires Planning Commission
approval of a tentative parcel map prior to recordation of a final map; and
WHEREAS, the Town's Single Family Residential Ordinance sets standards forminimum
lot sizes, and any deviation from those standards requires approval of a Variance
application; and
WHEREAS, the Town's Tree Preservation Ordinance requires approval of a Tree Removal
application prior to the removal of any Town-protected tree; and
WHEREAS, the project is Categorically Exempt from the requirements of the California
Environmental Quality Act (CEQA), Section 15315, Class L5, Minor Land Divisions; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing on
September 24,2019; and
WHEREAS, the public notice of this action was given in all respects as required by law;
and
WHEREAS, the Planning Commission did hear and consider all reports, recommendations,
and testimony submitted in writing and presented at the hearing; now therefore, be it
RESOLVED that the Planning Commission approves Minor Subdivision request MS 851-
2019, Variance request VAR 19-18, and Tree Removal request TR 19-26, subject to the
conditions contained herein, and make the following findings in support of this action:
Minor Subdivision:
The proposed subdivision is in substantial conformance with the goals and policies
of the 2030 General Plan.
The design of the proposed subdivision is in substantial conformance with the
applicable zoning regulations.
The design of the subdivision and the type of associated improvements will not
likely cause sérious public health problems because water and sanitary facilities
services will be available to the new parcel.
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 since this property is in an area where residential development has
previously occurred.
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Variance:
The design of the proposed subdivision and proposed improvements will not
conflict with easements, acquired by the public atlarge,for access through or use of,
property within the proposed subdivision.
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This variance does not constitute a grant of special privilege inconsistent with the
limitations on other properties in the area and the R-15; Single Family Residential
District in which the subject property is located.
Because of the following special circumstances applicable to the subject property,
strict application of the zoningregulations would deprive the subject property of
rights enjoyed by others in the general vicinity andf or located in the same zoning
district.
PAGE 2 OF RESOLUTION NO.2019.09
a. The reduced lot size for Parcel 1 will allow an increase lot size for Parcel 2,
allowing Parcel 2 to accommodate the proposed larger home footprint to be
developed on that parcel. As a result, a proposed smaller home footprint can be
developed.on Parcel L, resulting less of an encroachment, and less potential
impacts to three Town-protected Oak trees located in the front yard area of that
parcel.
J.This variance is in substantial conformance with the intent and purpose of the R-15;
Single Family Residential District in which the subject property is located as it
would allow for the reasonable development of a single family residence while
preserving three Town-protected Oak trees.
Tree Removal:
1 Necessit)¡. The primary reason for removal of the Town-protected trees is that one
of the trees is dead and the second tree has a severe lean and has been found to be a
hazard to the property. \
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.
surrounding neighborhood contains a significant number of additional trees not
effected by the development. In addition, the project proponentwill be required to
replace all Town-protected trees removed with trees of an approved species and of a
cumulative number and diameter necessary to equal the diameter of the tree(s)
which have been approved for removal in accordance with the Town's Tree
Preservation Ordinance.
With respect to other trees in the area,. the project site and
PAGE 3 OF RESOLUTION NO.201.9-09
CONDITIONS OF APPROVAL
Conditions of approval with an asterisk 1tt*tt) in the left-hand column are standard project
conditions of approval. Unless otherwise specified, the following conditions shall be
complied with prior to the approval of the final map for the project. Each item is subject to
review and approval by the Planning Division unless otherwise specified.
A. GENERAL
This approval is for a Minor Subdivision application MS 851"-2019 to
subdivide an existing0.76 acre (33,081 square foot) parcel, into two single
family residential parcels. This approval also authorizes a parcel size
Variance for Parcel 1, and the removal of two Town-protected Oak trees.
Development shall be substantially as shown on the project drawings as
follows, except as may be modified by conditions contained herein;
a. Vesting Tentative Parcel Map MS 851,-2019 titled "46 Smokewood Court,"
as prepared by Carlson, Barbee, and Gibsory Inc., consisting of five
sheets, dated August 7,2019 and stamped received by the Town of
Danville on August 8, 2019.
b. Tree Survey Report prepared by Traverso Tree Service, dated Illf.ay 29,
2019 andrevised August 6,2019.
c. Stormwater Control Plan for Small Land Development Projects prepared
by Carlsorç Barbee & Gibsoru Inc., dated l|l4ay 20,2019.
All Town and other related fees that the property may be subject to shall be
paid by the applicant. These fees shall be based on the current fee schedule in
effect at the time the relevant permits are secured, and shall be paid prior to
issuance of said permit and prior to any Town Council final approval action.
The following fees are due at final map approval for the project:
1. Base Map Revision Fee........... $ 188.00
2. Parcel Map Plan Check Fee.....,..... .......$ 2,954.00
3. Improvement Plan Check Fee........... ....3% of cost estimate
4. Engineering Inspection Fee .5% oÍ cost estimate
5. Excavation Mitigation Fee (Flood Control) .........$ 1,300.00
fi11.,462.00
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6. Park Land in Lieu Fee (l unit)
PAGE 4 OF RESOLUTION NO. 2019-09
The following fees are due at building permit issuance for the project:
1. Finish Grading Inspection Fee.................
2. Stormwater Pollution Program Fee ........
3. SCC Regional Fee (1 unit)
4. SCC Sub-Regional Fee (1 unit) .................
5. Residential TlP Fee (1 uni.t)
6. Tri-Valley Transpoitation Fee (L unit)....
$ 84lunit
$ 56lunit
........... $ 1.,465.00
...........$ 4,042.00
...........$ 2,000.00
...........$ 4,613.65
J.Prior to issuance of building permit the applicant shall reimburse the Town
for notifying surrounding residents. The fee shall be $307.58 ($120 plus 1L3
notices x $0.83 per notice x two notices).
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 beeru or will be, met to the satisfaction of these respective
agencies.
In the event that subsurface archeological remains are discovered duringarry
construction or pre-construction activities on the site, all land alteration work
within 100 feet of the find shall be halted, the Town Planning Division
notified, and a professional archeologist, certified by the Society of California
Archeology and/ or the Society of Professional Archeology, shall be notified.
Site work in this area shall not occur until the archeologist has had an
opportunity to evaluate the significance of the find and to outline
appropriate mitigation measures, if they are deemed necessary. If prehistoric
archaeological deposits are discovered during development of the site, local
Native American organizations shall be consulted and involved in making
resource management decisions.
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. Prior to
any construction work on the site, including grading, the property owner
shall install a minimum 3' x 3' sign at the project entry which specifies the
allowable construction work days and hours, and lists the name and contact
person for the overall project manager and all contractors and sub-
contractors working on the job.
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PAGE 5 OF RESOLUTION NO. 2019.09
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The applicant shall provide security fencing, to the satisfaction of the City
Engineer andf or the Chief Building Official, around the site during
construction of the project.
The applicant shall require their contractors and subcontractors to fit all
internal combustion engines with mufflers which are in good condition, and
to locate stationary noise-generating equipment as far away from existing
residences as feasible.
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 work days. Dust-producing activities shall be
discontinued during high wind periods.
As part of the initial submittal for the final map, plan check review process/
the applicant shall submit a written Compliance Report detailing how the
conditions of approval for this project has been complied with. This report
shall list each condition of approval followed by a description of what the
property owner has provided as evidence of compliance with that condition.
The report must be signed by the applicant. The report is subject to review
andapprovalbytheCityEngineer andf or Chief of Planningand/or Chief
Building O Íficial, and may be rejected by the Town if it is not comprehensive
with respect to the applicable conditions of approval.
*11 Planning Divisionsign-off is required prior to final Buildinglnspectionsign-
off.
Prior to the issuance of grading or building 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 specialisfs
assessment, the applicant shall develop and implement the corresponding
rodent control plan to reduce impacts to surrounding properties to the extent
reasonably possible for the time periods of heavy construction activity. The
report shall include a schedule for regular rodent inspections and mitigation
based on the development schedule for the project. This rodent control plan
is subject to review and approval by the Planning Division.
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PAGE 6 OF RESOLUTION NO. 2019-09
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B. SITE PLANNING
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C. LANDSCAPING
All lighting shall be installed in such a manRer that lighting is generally
down-directed and glare is directed away from surrounding properties and
rights-of-way.
The location of any pad mounted electrical transformers shall be subject to
review and approval by the Planning Division prior to the issuance of a
building permit. To the extent feasible, such transformers shall not be located
between any street and the front of a building.
Any on-site wells and septic systems shall be destroyed in accordance with
Contra Costa County Health Services Department - Environmental Health
Divisionregulations. Environmental HealthDivisionpermits and inspections
for this work shall be obtained. The maintenance of existing on-site wells
shall be allowed for landscape irrigation purposes subject to review and
approval by the Contra Costa County Health Services Department -
Environmental Health Division.
The development and use of the parcels created by this subdivision shall
comply with all requirements of the Town's R-15; Single Family
Residential District Ordinance.
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1 Project approval authorizes the removal of two Town protected Oaþ
identified as Trees #35 and #36 within the projec! arborist report. The
applicant shall mitigate the removal of the Town-protected trees by
providing for the planting of new trees of a number equal to the diameter(s)
of the tree to be removed. The trees shall be a minimum of L5-gallon trees.
The location of mitigation trees associated with this approval shall be subject
to Town review and approval. Alternatively, off-site trees may be provided
for through the applicant's payment of a mitigation fee to the Town. This
mitigation fee shall be in the amount equivalent to the costs of the materials
and labor for the mitigation trees. Prior to removal of the two Town
protected oak trees, the applicant shall consult a certified arboristfor feasible
alternatives for preserving Trees #35 and #36 as labeled in the arborist
report. If a feasible alternative exists, as determined by the Town, the
applicant shall preserve these two Town protected Oaks.
PAGE 7 OF RESOLUTION NO. 2019.09
2.Prior to occupancy of new residences built as part of this subdivision, the
applicant shall be responsible for planting trees or shrubs for privacy
between the site and existing adjacent residences. The applicant shall consult
with affected neighbors in choosing the type and location of the vegetation.
This approval does not authorize the removal of Tree 31 as identified within
the arborist report prepared for this project.
A security deposit, in the amount of the assessed value of the Town-
protected tree(s) for which grading is proposed to occur within the dripline
(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. All grading or construction work in proximity to Town-protected
trees shall be supervised by a Certified Arborist.
The developer shall be responsible for the installation of new solid wood
design good neighbor fencing around the perimeter of the parcel. Fences
shall be constructed of pressure treated Douglas Fir (or equivalent), shall
include minimum 2"x8" kickboards, solid 2"x4" top and bottom rails, and
2"x2" nail strips at the top and bottom of the fence boards. An exception to
this requirement may be given if both the developer and the adjoining
property owner agree to retain the existing fence.
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PAGE 8 OF RESOLUTION NO. 2019-09
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D. ARCHITECTURE
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GRADING
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All ducts, metels, afu conditioning andf or any other mechanical
equipment whether on the sffucflrre or on the ground shall be effectively
screened from view with landscaping or materials architecturally
compatible with the main structures
The street numbers for each structure in the project shall be posted so as
to be easily seen from the street at all times, day and night.
The development of Parcel L and Parcel2, including associated landscaping,
shall be subject to the review and approval by the Town and Design Review
Board under a separate Development Plan application(s)'
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tr Development shall be completed in compliance with a detailed soils report
and the construction grading plans prepared for this project. The engineering
recoÍunendations outlined in the project specific soils report shall be
incorporated into the design of this project. The report shall include specific
recommendations for foundation design of the proposed buildings and shall
be subject to review and approvalby the Town's Engineering and Planning
Divisions.
Where soils or geologic conditions encountered in grading operations are
different from that anticipated in the soil report, a revised soils report shall
be submitted for review and approval by the City Engineer. It shall be
accompanied by an engineering and geological opinion as to the safety of the
site from settlement and seismic activity.
All development shall take place in compliance with the Town Erosion
Control Ordinance (Ord19-4). Restrictions include limiting construction
primarily to the dry months of the year (May through October) and, if
construction does occur during the rainy season, the developer shall submit
an Erosion Control Plan to the City Engineer for review and approval. This
plan shall incorporate erosion control devices such as, the use of sediment
traps, silt fencinE, padberming and other techniques to minimize erosion.
All new development shall be consistent with moclern design for resistance
to seismic forces. Al1 new development shall be in accordance with the
Uniform Building Code and Town of Danville Ordinances.
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PAGE 9 OF RESOLUTION NO. 2079-09
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STREETS
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Stockpiles of debris, soil, sand or other materials that can be blown by the
wind shall be covered.
If toxic or contaminated soil is encountered during constructioru all
construction activity in that area shall cease until the appropriate action is
determined and implemented. The concentrations, extent of the
contamination and mitigation shall be determined by the Contra Costa
County Health Department. Suitable disposal andf or treatment of any
contaminated soil shall meet all federal state and local regulations. lf
deemed appropriate by the Health Department, the property owner 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.
All grading activity shall address National Pollutant Discharge Elimination
system (NPDES) concerns. Specific rneasures to control sediment runofl
construction pollution and other potential construction contamination shall
be addressed through the Erosion control Plan (ECP) and Storm Water
Pollution Prevention Plan (SWPPP). The S\¡VPPP 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.
The applicant shall create a construction staging plan that addresses the
ingress and egress location for all construction vehicles, parking and material
storage area. All staging of construction materials and equipment shall occur
on-site. This plan shall be subject to review and approval by the Town prior
to the issuance of a grading permit.
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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.
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.
All improvements within the public right-of-way, including curb, gutter,
sidewalks, driveways, paving and utilities, shall be constructed in accordance
with approved standards andf or plans and shall comply with the standard
PAGE 1.0 OF RESOLUTION NO. 2019.09
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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.
The new private driveway serving Parcel 1 and Parcel 2 shall meet all
requirements of the San Ramon Valley Fire Protection District.
A guarantee is required for the installation of common area improvements
that benefit both parcels. The common area improvements shall include
shared portions of driveways and utilities. The guarantee shall take the form
of a Subdivision Agreement and acceptable performance security. The
guarantee, agreement, and performance security shall be executed prior to
the approval of the final map.
Any deficiencies in the existing public curb, gutter, sidewalk, or road
pavement along the property's Smokewood Court frontage shall be repaired
or replaced to current Town standards. These improvements shall be
guaranteed by the Subdivision Agreement.
A satisfactory private road and private storm drainmaintenance agreement
for Parcels L and 2 shall be submitted for review and approval by the Town.
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G. INFRASTR
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,r The new residences shall be required to connect to public water and sewer
facilities, subject to all permitting requirements and conditions imposed by
EBMUD and CCCSD.
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 (CCCFC & WCD).
All runoff from impervious surfaces shall be intercepted at the project
boundary and shall be collected and conducted via an approved drainage
method through the project to an approved storm drainage facility, as
determined by the City Engineer. Development which proposes to contribute
additional water to existing drainage systems shall be required to complete a
hydraulic study and make improvements to the system as required to handle
the expected ultimate peak water flow and to stabilize erosive banks that
could be impacted by additional storm water flow.
PAGE 11. OF RESOLUTION NO. 2079-09
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H. MISCELLANEOUS
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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 drainãge shall be permittedto surface flow across sidewalks.
Any portion of the drainage system that conveys runoff from public streets
shall be installed within a dedicated drainage easement, or public street.
If a storm drain must cross a lot, or be in an easement between lots, the
easement shall be equal to or at least double the depth of the storm drain.
The applicant shall furnish proof to the City Engineer of the acquisition of all
necessary rights of entry, permits andf or easements for the construction of
off-site temporary or permanent road and drainage improvements.
Electrical, gas, telephone, and cable TV services, shall be provided
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, ot in public streets.
All new utilities required to serve the development shall be installed
underground.
All street, drainage or grading improvement plans shall be prepared by a
licensed civil engineer.
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*The project shall be constructed as approved. Minor modifications in the
desigo but not the use, may be approved by staff. Any other change will
require Planning Commission approval through the Development Plan
review process.
Pursuant to Government Code section 66474.9, the applicant (including the
applicant or any agent thereof) shall defend, indemnify, andhold harmless
the Town of Danville and its agents, officers, and employees from any claim,
actiory or proceeding against the Town or its agents, officers, or employees to
attack, set aside, void, or annul, the Town's approval concerning this Minor
Subdivision 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.
PAGE 12 OF RESOLUTION NO. 2019-09
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Use of a private gated entrance for more than one house is expressly
prohibited
As a part of the issuance of a demolition permit andf or building permitfor
thê project, the developer shall submit a recycling plan for building and
construction materials and the disposition of green waste generated fr.om
land clearing on the site. Prior to obtaining framing inspection approval for
the project, the applicant/owner shall provide the Planning Division with
written documentation (e.g. receipts or records) indicating that waste
materials created from the demolition of existing buildings and the
construction of new buildings were f arc being recycled according to their
recycling pIan, or in an equivalent manner.
The proposed project shall conform to the Town's Stormwater Management
and Discharge Control Ordinance (Ord. No. 2004-06) and all applicable
construction Best Management Practices (BMPs) for the site. For example,
construction BMPs may include, but are not limited to: the storage and
handling of construction materials, street cleaning, proper disposal of wastes
and debris, painting, concrete operations, dewatering operations, pavement
operations, vehicle/equipment cleaning, maintenance and fueling and
stabilization of construction entrances. Training of contractors on BMPs for
construction activities is a requirement of this permit. At the discretion of the
City Engineer, a Storm Water Pollution Prevention Plan (SWPPP) may be
required for projects under five acres.
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 projecfs 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 for a Small Land
Development Project and shall include drawings and specifications
necessary to implement all measures in the approved plan. The permit
application shall include a completed Stormwater Control Plan for a
Small Land Development Project as published by the Contra Costa Clean
Water Program.
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The applicant shall conduct a boundary survey to verify the exactlocationof
all property lines prior to recordation of the final map.
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PAGE 13 OF RESOLUTION NO. 2079-09
APPROVED by the Danville PlanningCommissionata regular.meeting onSeptember2{,
2019, by the following vote:
AYES:Combs, Graham, Haberl, Havlik, Radich
NOES: None
ABSTAINED: None
ABSENT: Bowles, Trujillo, Verriere
APPROVED AS TO FORM:
CITY ATTORNEY G
PAGE 1.4 OF RESOLUTION NO. 2019.09