HomeMy WebLinkAbout014-2020 with policyDocuSign Envelope ID: BEDCCA4B-7333-4D46-B11B-0E8738411515
RESOLUTION NO. 14-2020
ADOPTING A POLICY ESTABLISHING RESIDENTIAL
DEVELOPMENT STANDARDS
WHEREAS, California Senate Bill SB 330, known as the Housing Crisis Act (HCA), was
approved by the State and went into effect on January 1, 2020; and
WHEREAS, under the law, "housing developments" include residential developments
of any size, mixed use where at least two-thirds of the square footage is residential, and
transitional or supportive housing; and
WHEREAS, one of the provisions of the HCA creates a "preliminary application"
process. Once a preliminary application is submitted, all development standards, design
guidelines, policies, and fees in affect at that time are fixed, and no new, non -
environmental related requirements can be imposed on the development; and
WHEREAS, the Town of Danville desires to adopt a policy establishing residential
development standards applicable to new residential pre -applications or applications;
and
WHEREAS, the standards are intended to provide clear, objective, development
standards which would inform an applicant of Town requirements prior to the submittal
of a pre -application or application; and
WHEREAS, the project has been found to be Categorically Exempt from the requirements
of the California Environmental Quality Act; and
WHEREAS, the Planning Commission did review the proposed residential development
standards policy at a noticed public hearing on January 28, 2020 and February 11, 2020,
and did recommend that Town Council adopt the policy; and
WHEREAS, the Town Council did review the proposed residential development
standards policy at a noticed public hearing on February 18, 2020; and
WHEREAS, the public notice of this action was given in all respects as required by law;
and
WHEREAS, a staff report was submitted recommending that the Town Council approve
the request; and
WHEREAS, the Town did hear and consider all reports, recommendations, and
testimony submitted in writing and presented at the hearing; now, therefore, be it
DocuSign Envelope ID: BEDCCA4B-7333-4D46-B11B-0E8738411515
RESOLVED, that the Danville Town Council adopt the Residential Development
Standards Policy.
APPROVED by the Danville Town Council at a regular meeting on February 18, 2020 by
the following vote:
AYES: Arnerich, Blackwell, Morgan, Stepper, Storer
NOES: None
ABSTAINED: None
ABSENT: None
LtiocuSfgned by:
r i
— 1 T 2 D55,1556A4404..
MAYOR
APPROVED AS TO FORM: ATTEST:
—R_ucuSIgned by:
RDx E. Ew•41
pocu9l ned by:
71735A3F04C942F .
CITY ATTORNEY CITY CLERK
PAGE 2 OF RESOLUTION NO. 14-2020
DEVELOPMENT STANDARDS FOR RESIDENTIAL DEVELOPMENTS
Purpose.
The purpose of this policy is to provide clear and objective development standards for
certain residential development projects to maintain the public health, safety, and
welfare, assure the compatibility of new development with the character of the Town,
and to facilitate the efficient processing of applicable development applications
consistent with the requirements of State law.
Applicability.
The provisions contained within this section shall apply to any development application
proposing: the development of any number of residential uses at any density; mixed use
developments consisting of residential and non-residential uses with at least two-thirds
of the square footage designated for residential use; and transitional or supportive
housing.
If provisions within this policy conflict provisions contained within the Danville
Municipal Code, the provisions in this section shall prevail.
Development Standards
A. GENERAL
1. All approved developments shall be built and/or operated in compliance with the
approved development plans and drawings related to the development and on file
with the Planning Division. Plans may include a site summary sheet, tentative
subdivision or parcel map, civil drawings, grading plans, drainage plans,
stormwater management plan, site plans, plot plans, architectural drawings, and
landscape plans.
2. All approved developments shall be built and/or operated in compliance with all
special reports which may have been prepared for the project, including traffic
impact studies, soils and geotechnical reports, hydraulic reports, C.3 reports and
plans, biologic reports, tree survey and reports, acoustical reports, and any other
report the project may be subject to as found necessary through a project specific
environmental analysis.
3. All development projects shall be constructed as approved. Minor modifications
in the design, but not the use, may be approved by staff. Any other change requires
Planning Commission approval.
4. The applicant shall pay all Town and related agency fees in effect when a
preliminary development application is submitted. These fees shall be as shown
within the Town's Master Fee Schedule.
The following fees are applicable to developments which includes a subdivision,
and are due at the Town Council approval of the Project Final Map:
a. Map Check Fee
b. Improvement Plan Check Fee
c. Engineering Inspection Fee
d. Base Map Revision Fee
e. Excavation Mitigation Fee (Flood Control)
f. Park Land in -Lieu Fee
The following fees are due prior to issuance of a Building Permit:
a. Child Care Facilities Fee
b. Stormwater Pollution Program Fee
c. SCC Regional Fee
d. SCC Sub -Regional Fee
e. Residential TIP Fee
f. Tri -Valley Transportation Fee
g. Building and Plan Check Fees
5. The applicant shall reimburse the Town for notifying surrounding neighboring
residents as may be required under state law and Town Ordinance. The fee shall
be as established within the Town's Master Fee Schedule.
6. If an Environmental Impact Report, Mitigated Negative Declaration, or Negative
Declaration is prepared for the development, 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 paid in the form of a check which shall be
made payable to the Contra Costa County Recorder's Office. The applicant shall
also submit a check to cover County administrative fees, made payable to the
Contra Costa County Recorder's Office. Both fees shall be submitted to the
Danville Development Services Department within five days of project approval.
7. All development shall meet all requirements of the San Ramon Valley Fire
Protection District.
8. The applicant shall pay all applicable fees as established by the San Ramon Valley
Unified School District.
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9. All project developers shall provide security fencing to the satisfaction of the City
Engineer and/or the Chief Building Official around the construction site during
construction of the project. All security fencing shall be fitted with woven
polyethylene privacy and windscreen fabric, 85% minimum closed mesh with
grommets for securing to chain link fabric.
10. Where applicable, the developer shall document to the satisfaction of the
Development Services Department that any on-site wells or septic systems have
been destroyed in accordance with Contra Costa County Health Services
Department - Environmental Health Division regulations. Copies of the
appropriate Environmental Health Division permit and inspection records for this
work shall be submitted to the Development Services Department prior to the
issuance of building permits.
11. A homeowners' association (HOA) shall be created, or private maintenance
agreement shall be executed, to provide for the maintenance of any private on-site
improvements, streets, and common areas, subject to review and approval by the
Development Services Department and City Attorney.
12. If applicable, the developer shall coordinate with the Danville Development
Services Department to prepare and execute an appropriate Affordable Housing
Agreement for compliance with the project's Inclusionary Housing Ordinance or
Density Bonus Ordinance. Said agreements are subject to review and approval by
the Danville Town Council prior to execution. All agreements shall be consistent
with the applicable provisions of the State Density Bonus Law (Government Code
Section 65915), and the Town's Density Bonus and Inclusionary Housing
Ordinances (Municipal Code Section 32-74 & 32-73).
13. 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' approval concerning the subject development
application, which action is brought within the time period provided for in Section
66499.37. The Town would promptly notify the applicant of any such claim, action,
or proceeding and cooperate fully in the defense.
B. ARCHITECTURE
1. Final architectural elevations and details shall be submitted for review and
approval by the Design Review Board (DRB). The final plans shall reflect any
architectural or site plan modifications that may be required as project conditions
of approval. Seven full size sets of construction drawings and one 11" x 17" set of
3 Residential Development Standards
construction drawings for the project shall be submitted to the Danville
Development Services Department for DRB review prior to the applicant initiating
the building permit plan check process.
2. All exterior lighting installed as part of a development shall be compliant with the
following dark sky criteria: lights shall be shielded 011 the top and sides so that
light does not go up to the sky, and; except where needed for safety, lights shall
utilize motion detectors so that they are only used when needed and shall utilize
the minimum wattage necessary.
3. Samples of final materials and the proposed color palette shall be submitted for
review and approval by the Design Review Board (DRB) prior to the issuance of
building permits for the project. If deemed necessary by DRB, color mock-ups shall
be made available at the project site prior to application of exterior colors.
4. The location, design, and number of gang mailbox structures serving a
development project shall be subject to review and approval by the Planning
Division and the local Postmaster.
5. To the extent feasible, the location of any pad mounted electrical transformers shall
not be located between any street and the front of a building.
6. 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
structure(s).
7. The street numbers for the development building(s) shall be posted so as to be
easily seen from the street at all times, day and night by emergency service
personnel. If the street numbers are less than four inches in height, they shall be
illuminated consistent with the requirements of the Uniform Building Code.
8. For any development, building bulk, height, land coverage, visual appearance
from adjacent land, and design compatibility with existing adjoining development
shall be considered as part of the project design.
9. All new development shall reflect a design that integrates individual buildings
and building groups with the surrounding development and other physical
features in the area.
10. The design of all structures shall provide for harmonious composition of mass,
scale, color, and textures, with special emphasis on the transition from one (1)
building type to another, termination of groups of structures, relationships to
4 Residential Development Standards
streets, exploitation of views, and integration of spaces and building forms with
the topography of the site and the character of the area.
11. Provisions shall be made for an efficient, direct and convenient system of
pedestrian circulation, together with landscaping and appropriate treatment of
any public areas or lobbies.
C. LANDSCAPING
1. Final Landscape and Irrigation Plans (with planting shown at 1"=20' scale) shall
be submitted for review and approval by the Design Review Board prior to the
issuance of building permits. The final plans shall reflect any site plan or
landscaping plan modifications, including C.3 requirements, that may be required
as project conditions of approval.
2. All plant material shall be served by an automatic underground irrigation system
and maintained in a healthy growing condition. Irrigation shall comply with the
State Model Water Efficiency Ordinance (MWELO) and all water conservation
requirements established by the East Bay Municipal Utility District (EBMUD).
3. All trees planted by the developer shall be a minimum of 15 -gallon container size
and shall be properly staked at the time of planting. All shrubs shall be a minimum
of five gallons in size. A minimum of 20% of the true shrubs planted in the project
shall be ten-gallon container size shrubs.
4. All landscaped areas installed by the developer not covered by shrubs or trees
shall be planted with live ground cover using a planting grid to assure ground
cover will fill in within a two-year period after installation.
5. All good neighbor fences shall be constructed of pressure treated Douglas Fir, or
an approved equivalent. Bottom kickboards shall have a minimum 2"x 10" full cut
dimension, and fence boards shall be 1" full cut dimension material. Top cap and
bottom cap rails shall have a minimum 2"x 6" full cut dimension where there is no
dado cut for the fence boards and shall have a minimum 3" x 6" full cut dimension
if there is to be a dado "U" cut of the top cap rail or "L" cut for the bottom cap
rail. Side cap rails shall have a minimum 2"x 2" full cut dimension. Interior side
yard and rear yard good neighbor fences may be extended to a height of 7' where
the top 12" section is lattice fencing fully wrapped with 2"x 4" railing. Where
lattice is utilized, it shall be a minimum 3/8th inch by 1 1/2 inch vertical and
horizontal lattice.
5 Residential Development Standards
6. Any and all existing trees on the site shall be preserved to the extent practical.
Removal will be allowed only upon approval as part of the development
application.
D. ENVIRONMENTAL MITIGATION
Archeological Resources
1. If subsurface deposits believed to be cultural or human in origin are discovered
during the construction of the project, all work shall halt within a 200 -foot radius
of the discovery and a qualified archaeologist, meeting the Secretary of the
Interior's Qualification Standards for prehistoric and historic archaeologist, shall
be retained at the project applicant's expense to evaluate the significance of the
find. Work shall not continue at the discovery site until the archaeologist conducts
sufficient research and data collection to make a determination that the resource
is either: (a) not cultural in origin; or, (b) not potentially significant or eligible for
listing on the National Register of Historic Places or the California Register of
Historical Resources. If a potentially -eligible resource is encountered, then the
archaeologist, lead agency and Applicant or Project Developer shall arrange for
either: (a) total avoidance of the resource, if possible; or (b) test excavations to
evaluate eligibility and, if eligible, data recovery as mitigation. The determination
shall be formally documented in writing and submitted to the Town of Danville
and filed with the Northwest Information Center as verification that the provisions
in this mitigation measure have been met.
2. If human remains of any kind are found during construction activities, all activities
shall cease immediately, and the Contra Costa County Coroner be notified as
required by state law (refer to Section 7050.5 of the California Health and Safety
Code). If the coroner determines the remains to be of Native American origin, the
Applicant or Project Developer shall take the necessary steps to assure notice of
the Coroner's findings are provided to the Native American Heritage Commission
(NAHC). The Project Developer shall have the responsibility to track the findings
and determination of the NAHC and to advise the Town of Danville of the
determination of the most likely descendant(s) (MLD) that is to be consulted
regarding treatment and/or reburial of the remains (refer to Section 5097.98 of the
California Public Resources Code). If an MLD cannot be identified, or the MLD
fails to make a recommendation regarding the treatment of the remains within 48
hours after gaining access to the remains, the Project Developer shall have the
responsibility to rebury the Native American human remains and associated grave
goods with appropriate dignity on the property in a location not subject to further
subsurface disturbance. Project construction activities may recommence once the
MLD's recommendations have been implemented or the remains have been
6 Residential Development Standards
reburied if no agreement can be reached with the MLD (refer to Section 5097.98 of
the California Public Resources Code).
Biological Resources
3. If demolition or construction activity (e.g., structure or hardscape demolition, tree
removal, grading, road construction, home construction, etc.) is to occur within
the raptor nesting season (i.e., between February 1 and July 31), a pre -construction
survey of the property for nesting raptors shall be conducted, with such survey to
occur a minimum of 15 days prior to planned commencement of demolition or
construction activity. The nesting survey shall include examination of all trees
within 200 feet of the area proposed for demolition or construction activity. If birds
are identified nesting on or within the zone of proposed demolition or
construction activity, a qualified biologist shall establish a temporary protective
nest buffer around the nest(s). Where protective nest buffering is deemed
necessary, the nest buffer(s) shall be staked with orange construction fencing or
orange lath staking. The buffer shall be of sufficient size to protect the nesting site
from demolition or construction related disturbance and shall be established by a
qualified ornithologist or biologist with extensive experience working with
nesting birds near construction sites. Typically, adequate nesting buffers are 50
feet from the nest site or nest tree dripline for small birds, and up to 250 feet for
sensitive nesting birds that include several raptor species known in the region of
the project site. No demolition, construction or earth -moving activity shall occur
within the established buffer until it is determined by a qualified biologist that the
young have fledged and have attained sufficient flight skills to avoid project
construction zones. This typically occurs by July 15th of each year. This date may
be earlier or later and shall be determined by the qualified ornithologist or
biologist.
4. Pursuant to the Town's Tree Preservation Ordinance (Municipal Code Section 32-
79), and other preservation practices, if there are any Town -protected trees on the
project site, the following requirements shall be implemented to help reduce
impacts to trees from development and to maintain and improve their health and
vitality through the clearing, grading and construction phases of the project.
a. The vertical and horizontal locations of any Town -protected trees that are
slated for retention, whether onsite trees or offsite trees, with at least 15%
of their tree dripline extending into the project site, shall be established and
plotted on all plans. Once trunk locations for such trees are plotted on plans,
they shall be reviewed by the Consulting Arborist who shall have the
responsibility to assess potential impacts to individual trees and to establish
tree protection zones for such trees. No grading, excavation, construction
or storage of materials shall occur within that zone. Any changes to the
7 Residential Development Standards
plans affecting Town -protected trees shall be reviewed by the Consulting
Arborist with regard to potential tree impacts. These include, but are not
limited to, changes to project demolition plans, site plans, project
improvement plans, utility and drainage plans, grading plans, and
landscape and irrigation plans.
b. To the extent reasonably feasible, underground services, including utilities,
sub -drains, water or sewer, and irrigation shall be routed around tree
protection zones. Where encroachment cannot be avoided, special
construction techniques, such as hand digging or tunneling under roots,
shall be employed to minimize root injury.
c. Tree Preservation Notes, as may be prepared by the Consulting Arborist,
shall be included on all plans.
d. Any herbicides placed under paving materials must be safe for use around
trees and labeled for that use.
e. If lime treatment is to be applied on the property in conjunction with site
grading and/or site preparation, it shall not occur within 50' of any
identified Town -protected tree to be preserved.
f. If there are trees on site that are required to be preserved, the demolition
contractor and construction superintendent shall meet with the Consulting
Arborist before beginning work to discuss work procedures and tree
protection measures.
g.
Tree pruning of identified Town -protected trees may be required to clean
the crown and/or to provide construction clearance. Where such pruning
will occur, it shall be done by a State of California Licensed Tree Contractor
(C61/D49 license) and all pruning shall be done by Certified Arborist or
Certified Tree Worker in accordance with the Best Management Practices
for Pruning (International Society of Arboriculture, 2002) and adhere to the
most recent editions of the American National Standard for Tree Care
Operations (Z133.1) and Pruning (A300).
h. Structures, underground features, and existing hardscape that is to be
removed for the project within tree protection zones shall use the smallest
equipment feasible for the work performed, which shall operate from
outside the affected tree protection zone. The Consulting Arborist shall be
onsite during all operations within the tree protection zone to monitor such
demolition activity.
8 Residential Development Standards
i. Prior to initiating construction activity, all contractors working in the
vicinity of Town -protected trees slated for preservation shall meet with the
Consulting Arborist at the site to review all work procedures, access routes,
storage areas and tree protection measures.
j. Any grading, construction, demolition or other work that is expected to
encounter tree roots shall be monitored by the Consulting Arborist.
k. Prior to grading, pad preparation, excavation for foundations, footings,
walls, or trenching, trees requiring root pruning outside the tree protection
zone shall be done by cutting all roots cleanly to the depth of the
excavation. Roots shall be cut by manually digging a trench and cutting
exposed roots with a saw, vibrating knife, rock saw, or other approved root
pruning equipment. The Consulting Arborist shall identify where root
pruning is required and monitor all root pruning.
1. Where there is 2' or more of fill placed within the dripline of an identified
Town -protected tree, aeration improvements shall be installed. These shall,
at a minimum, include provision of a 4" drain line placed at natural grade
prior to fill. The number and placement of drain lines shall be as directed
by the Consulting Arborist.
m. If development is to occur within 15 percent of the dripline of a Town -
protected tree, prior to the issuance of grading or building permits, 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 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.
n. If any Town -identified protected trees are approved for removal the
applicant shall assure the implementation of the following measures:
9 Residential Development Standards
The applicant's Consulting Arborist shall calculate the total inches of
diameter of Town -protected trees to be removed, as of the date of the
grading permit application (i.e., the "Total Inches"), and submit that
calculation to the Planning Division of the Danville Development
Services Department. The applicant shall be required to replace the
identified Town -protected trees to be removed with a number and
size of oak trees equal to the total inches of the diameter of the trees
to be removed. The required tree mitigation planting may be part of
the project's landscape plan.
ii. Mitigation trees shall be either 15 -gallon size trees (credited at a ratio
of 2" per tree toward the aggregate replacement planting) or 24 -inch
box size trees (credited at a ratio of 4" per tree toward the aggregate
replacement planting). Tree mitigation planting that cannot be
accommodated onsite shall be handled through the applicant's
payment of an in -lieu fee, which shall be made payable to the Town
of Danville and shall be equal to current cost of the required
mitigation fees. The in -lieu mitigation funds received by the Town
will be applied to an account chosen by the Town for use by the
Danville Maintenance Department staff to allow the purchase and
planting of beautification trees within the Town of Danville.
iii. If there are any natural drainages on site, prior to construction, silt
fencing or equivalent shall be installed along the top of bank to
prevent the movement of amphibians or reptiles from the riparian
area onto the project site. Vegetation shall be cleared from the soil
surface prior to the installation of the silt fencing. The bottom of this
fencing shall be buried to a depth of six inches and shall be checked
and maintained weekly by the construction team to ensure that no
gaps develop through which amphibians or reptiles could pass. This
fencing shall be removed when determined appropriate by the
project biologist.
Noise Impacts
5. Noise created by development construction shall be minimized through the
following requirements:
a. Construction activity shall be restricted to the period between the
weekday hours of 7:30 a.m. to 5:30 p.m., unless otherwise approved
in writing by the City Engineer for general construction activity and
the Chief Building Official for building construction activity.
10 Residential Development Standards
b. The developer shall install a project information sign (minimum size
of 3' x 3') at the project entry prior to commencement of any project
site preparation or construction activity. The project information
sign shall specify the allowable construction work days and work
hours and shall list the name and contact information for the overall
project manager and for all contractors and sub -contractors working
on the job.
c. Any internal combustion engine -driven equipment utilized on the
project site and all stationary noise sources shall be equipped with
intake and exhaust mufflers that are maintained in good condition
and are equipment -specific in accordance with the manufacturers'
recommendations for the respective equipment utilized.
d. The developer shall require contractors and subcontractors to fit
internal combustion engines with mufflers and to locate stationary
noise -generating equipment as far away from existing residences as
feasible.
e. The developer shall take reasonable efforts to assure unnecessary
idling of internal combustion engines is minimal.
f. Stationary noise -generating equipment shall be located as far as
reasonably feasible from sensitive receptors.
g.
Construction traffic to and from the construction sites shall be routed
as directed by the City Engineer and the Transportation Manager of
the Danville Development Services Department. Construction -
related heavy truck traffic is prohibited from traveling through
residential areas when not necessary, and shall be routed onto major
roadways and as far from sensitive receptors as feasible.
h. The development shall make use of quiet construction equipment,
particularly air compressors. Air compressors and pneumatic
equipment shall be equipped with mufflers, and impact tools shall
be equipped with shrouds or shields. [Note: "Quiet construction
equipment" is considered to be equipment that typically generates
noise levels 5 dBA lower than that of comparable equipment.]
Hydrology and Stormwater
6. All development projects shall conform to the Town's Stormwater Management
and Discharge Control Ordinance (Ord. No. 2004-06) and all applicable
11 Residential Development Standards
construction Best Management Practices (BMPs) for the site. 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 one acre.
7. If applicable, a development must prepare a Stormwater Control Plan (SCP) to be
submitted as part of the project review or development plan. The Contra Costa
Clean Water Program has developed a Stormwater C.3 Guidebook to assist those
who prepare SCPs. Information and guidance are available on the Program website
as follows: http://www.cccleanwater.org/c3-guidebook.html.
8. If applicable, all developments 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:
a. Prior to issuance of permits for building, site improvements, or
landscaping, the permit application shall be consistent with an approved
Final Stormwater C.3 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.
b. As may be required by the Danville Development Services Department,
drawings submitted with the development 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 -treating and self-retaining areas; treatment Best
Management Practices (BMPs); permanent source control BMPs; and other
features that control stormwater flow and potential stormwater pollutants.
c. Prior to approval of a Final Map, the applicant shall execute any agreements
identified in the Stormwater Control Plan which pertain to the transfer of
ownership and/ or long-term operation and maintenance of stormwater
treatment and hydrograph modification facilities.
12 Residential Development Standards
d. Prior to approval of a Final Map, the applicant shall submit, for the Town's
review and approval, a Stormwater Operation and Maintenance agreement
and Plan in accordance with the Town of Danville guidelines.
9. 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 Danville Development Services Department and the State of
California.
10. If applicable, the developer, including project general contractor and appropriate
project sub -contractors, shall attend a pre -construction meeting with the Town to
discuss the project Stormwater Control Plan (SCP) and related Best Management
Practices (BMP) and to discuss the inspection process to be used to assure BMPs
are installed consistent with the approved Final SCP.
11. If applicable, written Engineering Division or Stormwater Program inspection
staff sign -offs are required for each phase of construction and installation of all
project Integrated Management Practices (IMPs). The IMP inspection sequence
includes: a) layout inspection (required prior to beginning project excavation); b)
excavation inspection (required prior to backfilling IMPs with any material or pipe
installation); c) overflow inlet/ surface connection to storm drain system
inspection (required prior to backfilling IMPs with any material); d) underground
connection to storm drain outlet or orifice inspection (required prior to backfilling
IMPs with any material); e) drain rock/sub-drain inspection (required prior to soil
media mix inspection/test and installation); f) soil media mix inspection/test
(required prior to soil media installation); g) soil media installation inspection
(required prior to irrigation installation); h) irrigation inspection (required prior to
plant material installation); i) planting inspection (required prior to final
Engineering Division Inspection); and j) Engineering Division Final (required
prior to building permit final). The applicant shall utilize the inspection log
provided by the Engineering Division at the pre -construction meeting.
12. All site drainage, C.3 stormwater IMPs, and foundation drainage systems shall be
directed to an approved storm water disposal location, which shall be clearly
identified on the project plans. Drainage easements for these facilities shall be
detailed on the Final Map and project plans, and shall be recorded. Precise
depictions of existing and planned drainage easements shall be included as part
of the project improvement plans and shall be subject to review and approval by
13 Residential Development Standards
the Building Division and the Engineering Division of the Danville Development
Services Department.
13. 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 run-off.
14. Roof drainage from all structures shall be collected via a closed pipe and conveyed
to an approved storm drainage facility in the street curb, unless the SCP states
otherwise. No concentrated drainage shall be permitted to surface flow across
sidewalks.
15. Any portion of the drainage system that conveys runoff from public streets shall
be installed within a dedicated drainage easement, or public street.
16. 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.
17. If applicable, project stormwater IMPs or detention facilities shall be fenced and
gated to prevent public access, while providing maintenance access to IMPs and
detention facilities. The fence design shall be subject to review and approval by
the Town's Design Review Board prior to recordation of the final map.
18. Runoff from any contaminated soil shall not be allowed to enter any drainage
facility, inlet or creek.
Energy
19. In order to ensure that energy demand is reduced to avoid the wasteful or
inefficient use of energy, as part of the final building plans, the applicant shall
submit detailed design -level plans to the Town of Danville identifying that energy
conservation measures have been incorporated into design and operation of the
project, prior to the issuance of any building permit. The applicant shall implement
the following or comparable energy conservation measures, including, but not
limited to:
a. Project design shall meet or exceed the requirements of California Title 20
and Title 24 - Building Energy Efficiency Standards.
14 Residential Development Standards
b. The applicant shall install efficient lighting and lighting control systems.
c. Applicant -installed landscape hardscape shall be generally limited to light-
colored cool pavements which shall be supplemented with strategically
placed applicant -installed shade trees.
d. The applicant shall install energy efficient heating and cooling systems,
appliances and equipment, and control systems, including, but not limited
to:
• Smart meters and programmable thermostats; and
• Heating, Ventilation, and Air Condition (HVAC) duct sealing.
e. Applicant -install landscape outdoor lighting shall be generally limited to
light emitting diodes (LEDs).
f. The applicant shall provide outdoor electrical outlets for the project
residences.
The applicant may propose substitute measures provided they achieve
comparable energy use reductions as the measures proposed above. If alternative
measures are proposed, the applicant shall provide detailed evidence
demonstrating the measures efficacy at reducing energy demand.
E. 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. 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 Municipal 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.
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4. The developer shall furnish proof to the City Engineer of the acquisition of all
necessary rights of entry, permits and/or easements for the construction of offsite
temporary or permanent road and drainage improvements. If a developer is
required 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 developer shall be responsible for acquisition of said easement
rights through private negotiations. If the developer is unsuccessful in
negotiations, the developer may 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.
5. All street, drainage or grading improvement plans shall be prepared by a licensed
civil engineer.
6. 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.
7. 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.
8. Drainage facilities and easements shall be provided to the satisfaction of the City
Engineer of the Town of Danville.
9. Prior to recordation of the final map or issuance of building permits, whichever
comes first, the applicant shall document to the Town that all requirements of the
Contra Costa County Flood Control and Water Conservation District have been or
will be met.
F. STREETS & PARKING
1. 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 Town of Danville Standard Plan 104
a & b. Provisions shall be made to ensure adequate street sweeping for all private
streets.
2. The developer shall be responsible for the preparation of a Construction Staging
Plan that addresses the ingress and egress location for all construction vehicles,
staging of demolition of structures and utilities located on the project site, staging
16 Residential Development Standards
of mass grading, and location of construction -related parking and project material
storage areas. The Construction Staging Plan shall be subject to review and
approval by the Danville Development Services Department prior to the issuance
of a project grading permit or any associated demolition permit. The Danville
Development Services Department shall have the ability to restrict usage of any
surrounding public roadway system for construction staging that may be
impacted by project -related construction activity.
3. Accessible curb ramps shall be provided and located as required by the City
Engineer. Accessible curb ramps shall be in compliance with the current American
with Disabilities Act standards.
4. All roadways, driveways, and sidewalks to be paved shall be completed as soon
as reasonably feasible.
5. The applicant shall make provision to install curb markings and necessary parking
or circulation signage, as determined by the Danville Transportation Division.
6. The Town's Transportation Division shall review and approve the location, type
and design of any proposed speed control and/ or traffic calming devices, and
associated signage and pavement markings. All devices and markings shall
conform to the standards prescribed in the current addition of the California
Manual on Uniform Traffic Control Devises.
7. Streets and sidewalks shall provide accommodation for bicycle and pedestrian
facilities in conformance with Complete Streets policies prescribed in the current
Town of Danville General Plan. Bicycle and pedestrian facility improvements
shall be provided and installed by the developer as directed by the City Engineer
and Transportation Division.
8. Street name signage shall be provided and installed by the developer as directed
by the City Engineer. Street name signage shall conform to Danville Standard Plan
No. 121 and standards prescribed in the current edition of the California Manual
on Uniform Traffic Control Devices.
9. Regulatory traffic and parking signage and pavement and curb markings shall be
provided and installed by the developer as directed by the City Engineer and
Transportation Division. All signage and pavement markings shall conform to
standards prescribed in the current edition of the California Manual on Uniform
Traffic Control Devices.
10. Regulatory parking signage and curb markings for non -parking sides of interior
project roadways shall be provided, if deemed necessary, to the satisfaction of the
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San Ramon Valley Fire Protection District and the Danville Transportation
Division.
11. Use of a private gated entrance that serves more than one residential unit is
expressly prohibited.
12. Any damage to street improvements now existing or done during construction on
or adjacent to the project site shall be repaired to the satisfaction of the Engineering
Division by the developer. As determined to be warranted by the Engineering
Division, such repair may include slurry seal; pavement overlay; and/or street
reconstruction. Prior to commencement of any site work, the project developer
shall establish baseline preconstruction roadway conditions in a manner
satisfactory to the City Engineer.
13. 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.
14. 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.
G. GRADING
1. If the grading work involves moving more than 100 cubic yards of soil, the
applicant must obtain a Grading Permit in conformance with Danville Municipal
Code Chapter 19. A plan showing appropriate erosion and sediment control
measures shall accompany any plans developed in support of the Grading Permit,
subject to the review and approval of the Town. The applicant is responsible for
payment of all fees according to the schedule in effect at the time the permit is
issued.
2. Development shall be completed in compliance with a detailed soils report and
the construction grading plans prepared for this project. The engineering
recommendations outlined in the project specific soils report shall be incorporated
into the design of this project. The report shall include specific recommendations
for foundation design of the proposed buildings and shall be subject to review and
approval by the Engineering and Planning Divisions of the Danville Development
Services Department.
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 Danville Development Services Department. It shall
18 Residential Development Standards
be accompanied by an engineering and geological opinion as to the safety of the
site from settlement and seismic activity.
3. All development shall take place in compliance with the Town Erosion Control
Ordinance (Ord. 91-25). Restrictions include limiting construction primarily to the
dry months of the year (May through October). If all or part of the construction
does occur during the rainy season, the applicant shall submit an Erosion Control
Plan to the Danville Development Services Department for review and approval.
This plan shall incorporate erosion control devices such as, hydroseeding, rock
bags, fiber rolls, the use of sediment traps, silt fencing, pad berming and other
techniques to minimize erosion. All visible mud or dirt track -out onto adjacent
private or public roads shall be removed using wet power vacuum street
sweepers, with a minimum frequency of at least once per day. The use of dry
power sweeping for this cleaning is expressly prohibited.
4. 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.
5. 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.
6. At least one week prior to commencement of grading or site demolition, the
developer shall post the site and mail to the owners of properties 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.
7. Developments shall be required to implement a watering program which
incorporates the use of a dust suppressant, and which complies with Regulation 2
19 Residential Development Standards
of the Bay Area Air Quality Management District for on- and off-site construction
activities.
8. If development related activities creates dust which settles in surrounding areas,
the developer shall be responsible for providing for the washing of the exterior of
abutting residences, as well as being responsible for providing for the cleaning of
pools, patios, etc.
9. Any stockpile of debris, soil, sand or other materials that can be blown by the wind
shall be covered.
10. All haul trucks transporting soil, sand, or other loose material off-site shall be
covered.
11. Any grading on adjacent properties will require prior written approval of those
property owners affected.
12. If the development includes retaining walls over three feet in height, the applicant
shall submit a plan detailing all of these walls. Details shall include wall height,
design, construction materials, and method of provision for drainage behind the
walls. Final wall design shall be subject to approval by the Development Services
Department.
13. Prior to the issuance of grading permits, the applicant shall retain a specialist to
assess rodent control impacts anticipated to be associated with grading activity
and installation of subdivision improvements. As deemed necessary, following
the Planning Division's review of the specialist's assessment, the applicant shall
develop and implement a rodent control plan to reduce impacts to surrounding
properties to the extent reasonably possible for the time periods of heavy
construction activity. The report shall include a schedule for regular rodent
inspections and mitigation in conjunction with the developer and the Town based
on the development schedule for the project. This report shall be subject to review
and approval by the Planning Division.
END
20 Residential Development Standards