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HomeMy WebLinkAbout2001-20RESOLUTION NO. 2001-20 ADOPTING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND APPROVING DEVELOPMENT PLAN REQUEST DP 2001- 15 AND VARIANCE REQUEST VAR 2001-21 ALLOWING THE DEVELOPMENT OF A 74-UNIT AFFORDABLE SENIOR APARTMENT HOUSING DEVELOPMNT AT 35, 45, 65 AND 85 LAUREL DRIVE, AND AT 1021 AND 1031 HARTZ WAY (APN: 216-102-001, 002, 003, 004, 008, 009 — BRIDGE HOUSING CORPORATION) WHEREAS, the Danville Community Development Agency (OWNERS) and Bridge Housing Corporation (APPLICANTS) have requested approval of a Development Plan request DP 2001- 15 and Variance request VAR 2001-21 to allow the construction of a 74-unit affordable senior apartment housing development on a 2.79 +/- acre site; and WHEREAS, the Variance request would allow a portion of the building to encroach a maximum of 17.32 +/- feet into the minimum required 25-foot frontyard setback along Laurel Drive, resulting in a minimum 7.68 +/- foot frontyard setback; and WHEREAS, a density bonus, consistent with the provision of the Town's Density Bonus Ordinance, is requested to increase the residential density of the site from 22 units per acre to 26.5+/- units per acre; and WHEREAS, the proposed development is a partnership between the Danville Community Development Agency and Bridge Housing Corporation; and WHEREAS, the subject site is located at 35, 45, 65, and 85 Laurel Drive and 1021 and 1031 Hartz Court and is further identified as Assessor's Parcel Numbers 216-102-001, 002, 003, 004, 008, 009; and WHEREAS, the Town of Danville Downtown Business District Ordinance requires approval of a Development Plan application prior to the construction of a multiple family housing development; and WHEREAS, a Mitigated Negative Declaration of Environmental Significance has been prepared for the project indicating that, as amended through modifications incorporated into the project and/or through recommended conditions of approval, no significant environmental impacts are expected to be associated with this project; and WHEREAS, the Planning Commission did review the project at anoticed public hearing on June 12, 2001; 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 Planning Commission approve the request; 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 of the Town of Danville approves a Mitigated Negative Declaration of Environmental Significance and approves DevelopmentPlan requestDP 2001-15 and Variance request VAR 2001-21 per the conditions contained herein, and makes the following findings in support of this action: Development Plan: 1. The applicant intends to obtain permits for construction within 18 months from the effective date of plan approval. 2. The proposed development is consistent with the General Plan and the Downtown Master Plan. 3. The proposed development is needed to provide adequate affordable senior housing facilities, and that traffic congestion will not likely be created by the proposed housing development. 4. The development will be an attractive and efficient development which will fit harmoniously into and will have no adverse effects upon the adjacent or surrounding development. 5. The proposed project is consistent with the Danville 2010 General Plan and the Downtown Business District Ordinance. 6. The proposed development is consistent with the Town's Housing Element since the development will provide housing at an affordable level within the Town. 7. The proposal will not be detrimental to the health, safety, and general welfare of the Town. PAGE 2 OF RESOLUTION NO. 2001-20 Variance: This variance does not constitute a grant of special privilege inconsistent with the limitations on other properties in the area and the Downtown Business District 9: Multiple Family District in which the subject property is located. 2. Because of the following special circumstances applicable to this specific property, strict application of the applicable zoning regulations would deprive the subject property of rights enjoyed by others in the general vicinity and/or located in the same zoning district: a. The reduced frontyard setbacks will allow for additional variation in the front setbacks for a relatively long building, improving the street scene and benefiting the visual/aesthetic quality of the neighborhood. The reduced setbacks will also allow for the maximization of the courtyard area on the east side of the building, enhancing the use of the outdoor area and the overall quality of the project. b. The proposed variance is consistent with the limitations of other development in the area including; the Laurel Cottages project (west side of Laurel Drive) which has a setback of approximately five feet from the front property line, with a six foot wood fence virtually on the property line; the Laurel Court project (also on west side of Laurel Drive) which has an approximately 10 foot frontyard setback; a portion of the condominium development on the west side of Laurel further to the south which has a setback of approximately 10 feet to the property line; and the office building on the southeast corner of Laurel Drive and Hartz Way which also has a setback of approximately 10 feet from the Laurel Drive property line. 3. This variance is in substantial conformance with the intent and purpose of the Downtown Business District 9: Multiple Family in which the subject property is located since the variance allows for construction of an attractive and functional multiple family development. PAGE 3 OF RESOLUTION NO: 2001-20 CONDITIONS OF APPROVAL Conditions of approval with an asterisk ("*") in the left-hand column are standard project conditions of approval. Unless otherwise specified, the following conditions shall be complied with prior to the issuance of a building permit for the project. Each item is subject to review and approval by the Planning Division unless otherwise specified. A. GENERAL This approval is for a Development Plan request DP 2001-15 and Variance request VAR 2001-21 allowing the construction of a 74-unit senior affordable apartment development identified as "Danville Senior Apartments." The site is located at 35, 45, 65 and 85 Laurel Drive, and at 1021 and 1031 Hartz Way (APN: 216-102- 001, 002, 003, 004, 008 and 009). Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; a. Site plan, floor plans, roof plan, architectural elevations and details, as prepared by KTGY Group, Inc. labeled "Danville Senior Apartments," consisting of 17 sheets, dated received by the Planning Division on June 6, 2001. b. Conceptual Landscape Plan as prepared by Smith & Smith Landscape Architects and Environmental Planners labeled "Danville Senior Apts.," consisting of two sheets, dated received by the Planning Division on June 7, 2001. C. Tree Removal Plan, as prepared by Smith & Smith Landscape Architects labeled "Danville Senior Apartments," consisting of one sheet, dated received by the Planning Division on June 7, 2001. 2. This approval authorizes a density bonus, consistent with the provision of the Town's Density Bonus Ordinance, to increase the residential density of the site from 22 units per acre to 26.52 units per acre. 3. The applicant shall pay any and all Town and other related fees that the property may be subject to. 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 PAGE 4 OF RESOLUTION NO.2001-20 said permit and/or prior to any Town Council final approval action. Notice should be taken specifically of the Town's Residential Transportation Improvement Program (TIP) fee ($73,840.00), Park Land In -lieu fee ($139,120.00), storm water pollution fee ($906.00), SCC Regional Transportation fee ($32,896.00), Tri- Valley Transportation fee ($17,088.00), Flood Control & Water Conservation District (Drainage Areas and Mitigation), plan checking and inspection fees. 4. Prior to the issuance of a building permit, the applicant shall reimburse the Town for notifying surrounding neighboring residents of the public hearing. The fee shall be $ 260.25 ( 347 notices X $0.75 per notice). 5. Prior to the issuance of grading or building permits, the applicant shall submit written documentation that all requirements of the San Ramon Valley Fire Protection District and the San Ramon Valley Unified School District have been, or will be, met to the satisfaction of these respective agencies. * 6. The applicant shall submit to the Town of Danville fees required to file allotice of Determination for this project as required by AB 3185. The fee shall be $25.00. * 7. In the event that subsurface archeological remains are discovered during any 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. * 8. Construction activity shall be restricted to the period between the weekday hours of 7:30 a.m. to 5:30 p.m. (Mondays through Fridays), 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 applicant 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. 9. The applicant shall provide security fencing, to the satisfaction of the City PAGE 5 OF RESOLUTION NO.2001-20 Engineer and/or the Chief Building Official, around the site during construction of the project. 10. 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. 11. 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. 12. 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. 13. As part of the initial submittal for the final map, plan check, and/or building permit review process (whichever occurs first), the applicant shall submit awritten Compliance Report detailing how the conditions of approval for this project have been complied with. This report shall list each condition of approval followed by a description of what the applicant has provided as evidence of compliance with that condition. The report must be signed by the applicant. The report is subject to review and approval by the City Engineer and/or Chief of Planning and/or Chief Building Official, and may be rejected by the Town if it is not comprehensive with respect to the applicable conditions of approval. 14. Planning Division sign -off is required prior to the completion of a Final Building Inspection. 15. A11 composite wall, window, and door elements facing the freeway shall have a maximum interior noise level of 45 DNL. This means that the composite wall shall have a Sound Transmission Class of a minimum of 28 DNL. In order to PAGE 6 OF RESOLUTION NO. 2001-20 meet State of California's energy conservation requirements, all project sliding glass doors and windows must be duel glazed with insulating glass and sealed. This requirement alone gives a Sound Transmission Class of 28 DNL. But since the wall construction of each room will usually produce a Sound Transmission Class rating of approximately 40 DNL, the wall, window, sliding glass door combination will produce a composite wall Sound Transmission Class well in excess of the 28 STC rating required. 16. Mechanical Ventilation shall be required so the windows can remain closed while necessary air exchanges are provided. For this purpose, the use of heat pumps will be required. The pump shall be provided with a fan that can be in operation at all times. Any through the wall units shall be provided with noise baffles and shall have an STC rating of 28+. The final design shall be subject to review and approval by the Design Review Board prior to issuance of buddingpermits for the project. 17. Exterior balcony and patios must be provided with noise reduction. This could mean solid balcony walls ofapproximately 4' height on all sides ofthe balconies and patios along_ the east and north sides of the project. The use of one half inch fir for the noise barrier/balcony walls may be required. The final design shall be subject to review and approval by the Design Review Board prior to issuance of building permits for the project. B. SITE PLANNING 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. 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. 3. Any on -site wells and septic systems shall be destroyed in accordance with Contra Costa County Health Services Department - Environmental Health Division regulations. Environmental Health Division permit and inspections for this work shall be obtained. 4. The Town's abandonment of Hartz Way shall be completed and recorded prior to the issuance of building permits for the project. PAGE 7 OF RESOLUTION NO.2001-20 Prior to issuance of building permits for the project, a parcel merger shall be approved and recorded by the Town that combines the six existing lots (and includes the abandoned right-of-way for Hartz Court). C. LANDSCAPING Final landscape and irrigation plans (with planting shown at 1 "=20' scale) 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. 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. Unless otherwise authorized, all trees shall be a minimum of 15 gallon container size. All trees shall be properly staked. Unless otherwise authorized, 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. All proposed ground cover shall be placed so that they fill in within two years. All existing trees on the site shall be preserved to the extent practical. Removal will be allowed only upon prior written approval from the Planning Division. 6. The tree preservation guidelines established in the tree survey/arborist report performed for this site, prepared by HortSience dated December, 1998, and updated by Mayne Tree Expert Company, dated February 15, 2001, shall be incorporated into the detailed site development plans. The tree survey shall be updated to provide tree -specific preservation measures for those existing trees to be retained within the project. The recommendations of this supplemental report shall be incorporated into the final design and construction of the project. PAGE 8 OF RESOLUTION NO.2001-20 7. If found to be feasible during the Town's review of the final improvement plans for the site, tree numbers 52, 103, 97, 98, 3, 8, 12, 11, and 9, as shown on the tree removal plan referenced under condition A.1.c. above, shall be saved and incorporated into the project's landscape plan. 8. If it is determined that the eastern half of the Hartz Way right-of-way adjacent to the site is not necessary for the Caltrans auxiliary lane project or other future I-680 projects, and is subsequently abandoned by the Town, this area shall be incorporated into the project, if permitted by State financing authorities. If this determination is reached prior to construction of the parking lot, the lot shall be shifted to the east to allow for a larger courtyard area for the project. If the availability of the right-of-way is determined after construction, this area shall be landscaped as found to be appropriate by the Town. 9. During the review of the final improvement plans for the site, and if the parking lot is re -designed as a result of the incorporation of the abandonment of the remainder of Hartz Court, all efforts shall be made to save the three London Plan Trees (tree numbers 85, 86, and 87) and to incorporate these trees into the project. 10. This project shall be subject to compliance with the requirement of the Town's Tree Preservation Ordinance. D. ARCHITECTURE 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 structure in the project shall be posted so as to be easily seen from the street at all times, day and night. At a minimum, colors and materials shall be as shown on the color and material board and colored renderings on file with the Planning Division. Priorto issuance of building permits for the project, samples of final materials and the proposed color palette shall be submitted for review and approval by the Design Review Board. The applicant shall develop varied but compatible color schemes for each building for review and approval by the Design Review Board. If determined necessary by the Design Review Board, the applicant shall provide mock-up color samples on the buildings prior to the final approval of the building colors. PAGE 9 OF RESOLUTION NO.2001-20 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. If signing for the development is desired, in addition to any signs approved as part of this application, a comprehensive sign program shall be submitted to the Town for consideration under a separate application. 6. The pad elevations for the three buildings shall be the minimum elevation necessary to allow for positive drainage from the site. 7. If found to be feasible and desirable by the Town upon review of a detailed project budget, the applicant shall include a detached garden shed, to be located generally around the garden. Final design of the shed shall be subject to review and approval by the Design Review Board prior to issuance of building permits for the project. The design of the project balcony rails shall be simplified by removing the cross element. 9. The applicant shall modify the architectural design of the main entry area on the west elevation of Building B. The modifications shall include the use of alternate materials, such as stone or brick on the base of the columns and shingle or wood siding (or' approved equivalent) on the building wall to better highlight this area as the main building entry. The design of the entry elevation should be more similar to the previous design of the entry, which included a smaller, lower second story gable element and more wood siding. E. PARKING 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. The proposed parking space at the northeast corner of the parking lot (at the southern terminus of Hartz Way) shall be eliminated and the parking lot shall be modified to incorporate one additional parking space along the western row of parking spaces. A landscape median shall be included on the north side of the new parking stall at the northeast corner of the parking lot. PAGE 10 OF RESOLUTION NO. 2001-20 F. GRADING Any grading on adjacent properties will require prior written approval of those property owners affected. 2. At least one week prior to commencement of grading, the applicant shall post the site and mail to the owners of property within 300 feet of the exterior boundary of the project site, to the homeowner associations of nearby residential projects and to the Town of Danville Development Services Department, a notice that construction work will commence. The notice shall include a list of contact persons with name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be kept current at all times and shall consist of persons with authority to initiate corrective action in their area of responsibility. The names of individuals responsible for dust, noise and litter control shall be expressly identified in the notice. 3. Development shall be completed in compliance with a detailed soils report and the construction grading plans prepared for this project. The engineering recommendations outlined in the project specific -soils report shall be incorporated into the design of this project. The report shall include specific recommendations for foundation design of the proposed buildings and shall be subject to review and approval by the Town's Engineering and Planning Divisions. 4, Where soils or geologic conditions encountered in grading operations are different from that anticipated in the soil report, a revised soils report shall be submitted for review and approval by the City Engineer. It shall be accompanied by an engineering and geological opinion as to the safety of the site from settlement and seismic activity. 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) 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 fencing, pad berming and other techniques to minimize erosion. 6. All new development shall be consistent with modern design for resistance to seismic forces. All new development shall be in accordance with the Uniform PAGE 11 OF RESOLUTION NO.2001-20 Building Code and Town of Danville Ordinances. * 7. All cut and fill areas shall be appropriately designed to minimize the effects of ground shaking and settlement. * 8. Stockpiles of debris, soil, sand or other materials that can be blown by the wind shall be covered. * 9. If toxic or contaminated soil is encountered during construction, all construction activity in that area shall cease until the appropriate action is determined and implemented. The concentrations, extent of the contamination and mitigation shall be determined by the Contra Costa County Health Department. Suitable disposal and/or treatment of any contaminated soil shall meet all federal state and local regulations. If deemed appropriate by the Health Department, the applicant shall make provisions for immediate containment of the materials. Runoff from any contaminated soil shall not be allowed to enter any drainage facility, inlet or creek. * 10. 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 maybe required, as determined by the City Engineer. 11. The applicant shall be responsible for the construction of a new six foot wide sidewalk along the site's Laurel Drive frontage. The sidewalk shall be designed to work around the existing London Plane trees, with the precise design and location of the sidewalk subject to review and approval by the Town as part of the final improvement plans for the project. G. 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 PAGE 12 OF RESOLUTION NO.2001-20 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. 1 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 X1I and XXXI of the Town Code. At the time project improvement plans are submitted, the applicant shall supply to the City Engineer an up-to-date title report for the subject property. & Handicapped ramps shall be provided and located as required by the City Engineer. T Public streets shall be improved to the standards in #G.5. above. Private streets shall be improved to public street structural standards. Private street improvements, and their dimensions, shall be as shown on the project plans identified in #A.1. above and shall conform to Standard Plan 104 a & b. 8. The pick-up/drop-off looped driveway on Laurel Drive shall be signed and striped as determined necessary by the City Engineer for one way traffic only. 9. Appropriate signage, as determined necessary/desirable bythe City Engineer, shall be located on Laurel Drive advising visitors of the main parking area to the rear accessed from Hartz Court. 10. Project landscaping to be installed within the sight distance triangle for the one- way loop pick-upldrop off driveway on Laurel Drive shall be of a low growing variety to prevent sight distance obstructions. All landscaping in this area shall be kept low as may be necessary to prevent sight distance obstructions. PAGE 13 OF RESOLUTION NO.2001-20 11. No parking shall be allowed on the east side of Hartz Way. Appropriate curb painting and signage shall be installed as determined necessary by the City Engineer. 12. Parking shall not be allowed on -street on the east side of Laurel Drive. Appropriate curb painting and signage shall be installed as determined necessary by the City Engineer. H. INFRASTRUCTURE 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 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. Prior to the issuance of building permits for the project, a detailed drainage plan shall be submitted for review and approval by the Town. In addition, a hydraulic plan shall be submitted addressing the adequacy of the existing drainage system within the Caltrans right-of-way. An encroachment permit may be required from Caltrans to connect into or improve this existing system. 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 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. Roof drainage from structures shall be collected via a closed pipe and conveyed to an approved storm drainage facility in the street curb. No concentrated drainage shall be permitted to surface flow across sidewalks. PAGE 14 OF RESOLUTION NO.2001-20 * 6. Any portion of the drainage system that conveys runoff from public streets shall be installed within a dedicated drainage easement, or public street. * 7. If a storm drain must cross a lot, or be in an easement between lots, the easement shall be equal to or at least double the depth of the storm drain. * & The applicant shall furnish proof to the City Engineer of the acquisition of all necessary rights of entry, permits and/or easements for the construction of off -site temporary or permanent road and drainage improvements. * 9_ 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, or in public streets. * 10. All new utilities required to serve the development shall be installed underground. * 11. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. * 12. If a common carwash area is created to serve the project, the waste water created by washing cars shall be directed to the sewer collection system rather than the storm water collection system, unless otherwise authorized by the Storm Water Pollution Prevention Plan. 13. Drainage plans for the parking lot shall incorporate cobble stone drainage swails to filter storm water run-off prior to the water's release into the storm drain system. MISCELLANEOUS The project shall be constructed as approved. Minor modifications in the design, but not the use, maybe approved by staff. Any other change will require Planning Commission approval through the Development Plan review process. 2. Conditions of this approval may require the applicant to install public improvements on land over which neither the applicant, nor the Town, has easement rights to allow for the installation of the improvements. The applicant shall be responsible for acquisition of said easement rights through private negotiations. If the applicant is unsuccessful in negotiations, the applicant shall PAGE 15 OF RESOLUTION NO.2001-20 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. 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. 4. As a part of the issuance of a demolition permit and/or building permit for the project, the developer shall submit a recycling plan for building and construction materials and the disposition of green waste generated from land clearing on the site. Prior to obtaining framing inspection approval for the project, the applicant/owner shall provide the Planning Division with written documentation (e.g., receipts or records) indicating that waste materials created from the demolition of existing buildings and the construction of new buildings were/are being recycled according to their recycling plan, or in an approved equivalent manner. 5, The proposed project shall conform to the Town's Stormwater Management and Discharge Control Ordinance (Ord. No. 94-19) and all applicable construction and post -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 may be required for projects under five acres. 6. This development shall comply with all affordability requirements contained within the Disposition and Development Agreement by and between the Community Development Agency of the Town of Danville and Bridge Housing Corporation related to the development of this site. Prior to occupancy of the project, the applicant shall work with the Town to determine a mutually acceptable name for the project. PAGE 16 OF RESOLUTION NO. 2001-20 APPROVED by the Danville Planning Commission at a regular meeting on June 12, 2001, by the following vote: AYES: NOES: ABSTAINED: ABSENT: APPROVED AS TO FORM: Ci Attorney om airman Chief of g PAGE 17 OF RESOLUTION NO.2001-20