HomeMy WebLinkAbout081622-09.05ADMINISTRATIVE STAFF REPORT 9,5
TO: Mayor and Town Council August 16, 2022
SUBJECT: Resolution No. 65-2022, approving Subdivision Map and Subdivision
Improvement Agreement for Subdivision 9382, located at 805 and 813 La
Gonda Way
BACKGROUND
On February 24, 2015, the Planning Commission passed Resolution No. 2015-02
approving Major Subdivision request SD 9382, a 5 -lot single-family residential
development at 805 and 813 La Gonda Way. On February 12, 2017, the Planning
Commission passed Resolution No. 2017-10 granting a one-year time extension for the
subdivision, subject to the Conditions of Approval (Attachment E).
DISCUSSION
Plans identifying the improvements to be built have been completed and approved. All
Conditions of Approval have been satisfied and a Subdivision Improvement Agreement
with the appropriate securities has been submitted by the subdivider for approval.
PUBLIC CONTACT
Posting of the meeting agenda serves as notice to the general public. A copy of this
Administrative Staff Report has been sent to the subdivider.
FISCAL IMPACT
Upon completion of the project improvements, there will be no fiscal impact to the Town.
RECOMMENDATION
Adopt Resolution No. 65-2022, approving Subdivision Map and Subdivision
Improvement Agreement for Subdivision 9382, located at 805 and 813 La Gonda Way.
Prepared by:
Mark Rusch
Engineering Associate
Reviewed by:
R
Diane Friedmann
Deputy Town Manager
Attachments: A - Resolution 65-2022
B - Subdivision Map
C - Subdivision Improvement Agreement
D - Location Map
E - Conditions of Approval
c: Subdivider: Elham Zarnegar
Engineer: Sterling Consultants
46560 Fremont Boulevard #205, Fremont CA 94538
Approving Subdivision Map, 2 August 16, 2022
Subdivision Improvement Agreement
SD 9382
DocuSign Envelope ID: 24EB84D2-99E0-40FD-BA26-BA6A3E06E209
RESOLUTION NO. 65-2022
APPROVING SUBDIVISION MAP AND SUBDIVISION IMPROVEMENT
AGREEMENT FOR SUBDIVISION 9382,
LOCATED AT 805 AND 813 LA GONDA WAY
WHEREAS, Elham Zarnegar, subdivider of said Subdivision, has requested the Town of
Danville approve said Subdivision Map and Subdivision Improvement Agreement; and
WHEREAS, the Subdivision Map and Subdivision Improvement Agreement comply
with standards set forth in the California Subdivision Map Act and Danville Municipal
Code; and
WHEREAS, subdivider has now complied with all Conditions of Approval established
by the Town of Danville for the subject subdivision; and
WHEREAS, said subdivision lies within the corporate limits of the Town of Danville; and
WHEREAS, this Subdivision Map and Subdivision Improvement Agreement are
consistent with the Town's General Plan; now, therefore be it
RESOLVED, that the Subdivision Map and Subdivision Improvement Agreement are
hereby approved, and Town staff is hereby authorized and directed to execute the same
on behalf of the Town.
APPROVED by the Danville Town Council at a regular meeting on August 16, 2022, by
the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
MAYOR
APPROVED AS TO FORM: ATTEST:
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DocuSigned by:
�G�x F. Ew+4•5
CITY ATTORNEY
CITY CLERK
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SUBDIVISION IMPROVEMENT AGREEMENT
Subdivision Name: Vista Oaks - SUBD. 9382
Council Action: Completion Date:
THE SIGNATURES ATTEST TO THE PARTIES' AGREEMENT HERETO:
TOWN OF DANVILLE SUBDIVIDER:
Steven Jones
City Engineer
R.C.E. 69367 Expires 6/30/2022
�ttach�d
�,�" m
E
Subdividers printed name
gna re
Printed Name & Title
Address
Phone:' — 3 —
(NOTE: All Subdivider(s) signatures to be acknowledged. If Subdivider is incorporated, signatures must conform with
the designated representative groups pursuant to Corporations Code section 313.)
(This area for official notary flags. All Subdivider signatures must be properly notarized in accordance with Civil Code section 1180.
The name and titles of the people signing the documents must be listed on the notary flag.)
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ATTACHMENT C
CALIFORNIA ACKNOWLEDGMENT CERTIFICATE
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document, to which this certificate is attached, and -not the truthfulness, accuracy,
or validity of that document.
State Of: California
County Of: Cov��4 C04
On 0 5- ZU �� , 2021 before me, A. Singh Bola, Notary Public, personally appeared,
who proved to me on the basis of satisfactory evidence to be
the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
she/he/they executed the same in her/his/their authorized capacity(ies), and that by her/his/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF -PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
A. SINGH BOLA,,,,.,.,•,
COMM. # 2333123
<< NOTARYPUBLIC ®CALIFORNIA
"' ¢ CONTRA COSTA
Commission Expires SEPT 03, 2.024
Signature: A. Singh Bola .,..,.,3 ....„ ..... .........................°
Title of Document: W') cu V 1 &-i 00
Total Number of Pages including Attachment:
Notary Commission Expiration Date: Sept 03, 2024
Notary Commission Number: 2333123
SUBDIVISION IMPROVEMENT AGREEMENT
1. PARTIES & DATE. Effective on the date of Council action, the Town of Danville, County
of Contra Costa, California, hereinafter called "Town," and the named Subdivider, mutually promise
and agree as follows concerning this subdivision:
2. IMPROVEMENTS. The subdivider shall comply with all Conditions of Approval
established by the Town Planning Commission and shall construct and install those improvements
identified on improvement plans prepared by the Subdivider, approved by the City Engineer on
and kept on file in the Town offices of Development Services. The general
nature and description of the work and improvements to be constructed and installed are as follows:
Construct public and private street paving_ curb gutter, sidewalk,driveway approaches, bioretention
facilities storm drainage facilities relocate existing power poles, and all related appurtenances as
shown on the approved plans.
Subdivider shall complete said work and improvements (hereinafter called "work") within the
above completion period from date hereof as required by the California Subdivision Map Act
(Government Code section 66410 and following), in a good workmanlike manner, in accordance
with accepted construction practices and in a manner equal or superior to the requirements of the
Town of Danville Municipal Code and rulings made thereunder; and where there is a conflict
between the improvement plans and the Town Municipal Code, the stricter requirements shall
govern.
3. IMPROVEMENT SECURITY. Upon executing this Agreement, the Subdivider shall,
pursuant to Government Code section 66499, and the Town of Danville Municipal Code, provide as
security to the Town:
A. For Performance and Guarantee: $ 5,000 cash, plus additional security, in the amount
of $ 163,000 which together total $ 168,000 which is one hundred percent (100%) of the estimated
cost of the work. Such additional security is presented in the form of:
Cash, Certified Check, Cashier's Check or Certificate of Deposit.
Acceptable Corporate Surety Bond.
Acceptable Irrevocable Letter of Credit.
With this security, the Subdivider guarantees performance under this Agreement and
maintenance of the work for one year after its completion and acceptance against any defective
workmanship or materials or any unsatisfactory performance.
2 of 6
SUBDIVISION IMPROVEMENT AGREEMENT
B. For paw: Security in the amount of $ 85,000 of which is fifty percent (50%) of
the estimated cost of the work. Such security is presented in the form of.
✓ Cash, Certified Check, Cashier's Check or Certificate of Deposit
Acceptable Corporate Surety Bond
Acceptable Irrevocable Letter of Credit
With this security, the Subdivider guarantees payment to the contractor, to his
subcontractors, and to persons renting equipment or furnishing labor or materials to them or to the
Subdivider.
C. For legal costs: Security in the amount of $10,000. Such security is presented in
the form of.
Cash, Certified Check, Cashier's Check or Certificate of Deposit
Acceptable Irrevocable Letter of Credit
With this security, the Subdivider guarantees payment to the Town of Danville for legal
and other costs associated with enforcing this subdivision agreement or in compelling performance
or recovering the security under this agreement.
D. Upon acceptance of the work as complete by the Town Council and upon request of
the Subdivider, the amount of the improvement securities may be reduced in accordance with
Section 31-11.16 a. of the Danville Municipal Code.
4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work
shall be free from defects in material or workmanship and shall perform satisfactorily for a period of
one (1) year from and after the Town Council accepts the work as complete in accordance with
Section 31-11.16 of the Danville Municipal Code. Subdivider agrees to correct, repair, or replace, at
his expense, any defects in said work.
The guarantee period does not apply to road improvements for private roads which are
not to be accepted into the Town street system.
5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform plant establishment
work for landscaping installed under this agreement. Said plant establishment work shall consist of
adequately watering plants, replacing unsuitable plants, doing weed, rodent and other pest control
and other work determined by the City Engineer to be necessary to insure establishment of plants.
3 of 6
SUBDIVISION IMPROVEMENT AGREEMENT
Said plant establishment work shall be performed for a period of one (1) year from and
after the Town Council accepts the work as complete.
6. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for
the work are adequate to accomplish the work as promised in Section 2 and as required by the
Conditions of Approval for the Subdivision. If, at any time before the Town Council accepts the
work as complete or during the one year guarantee period, said improvement plans prove to be
inadequate in any respect, Subdivider shall make whatever changes are necessary to accomplish the
work as promised.
7. NO WAIVER BY TOWN. Inspection of the work and/or materials, or approval of work
and/or materials or statement by any officer, agent or employee of the Town indicating the work or
any part thereof complies with the requirements of this Agreement or acceptance of the whole or any
part of said work and/or materials, or payments therefor, or any combination or all of these acts,
shall not relieve the Subdivider of his obligation to fulfill this agreement as prescribed; nor shall the
Town be thereby stopped from bringing any action for damages arising from the failure to comply
with any of the terms and conditions hereof.
8. INDEMNITY. Subdivider shall defend, hold harmless and indemnify the indemnities from
the liabilities as defined in this section:
A. The indemnities benefited and protected by this promise are the Town and its
elective and appointive boards, commissions, officers, agents and employees.
B. The liabilities protected against are any liability or claim for damage of any kind
allegedly suffered, incurred or threatened because of actions defined below, and including personal
injury, death, property damage, inverse condemnation, or any combination of these, and regardless
of whether or not such liability, claim or damage was unforeseeable at any time before the Town
reviewed said improvement plans or accepted the work as complete, and including the defense of
any suit(s), action(s) or other proceeding(s) concerning said liabilities and claims.
C. The actions causingliability are any act or omission (negligent or non -negligent) in
connection with the matters covered by this Agreement and attributable to the Subdivider,
Contractor, Subcontractor or any officer, agent or employee of one or more of them.
D. Non -Conditions: The promise and agreement in this section are not conditioned or
dependent on whether or not any indemnity has prepared, supplied, or reviewed any plan(s) or
4 of 6
SUBDIVISION IMPROVEMENT AGREEMENT
specifications(s) in connection with this work or subdivision, or has insurance or other
indemnification covering any of these matters, or that the alleged damage resulted partly from any
negligent or willful misconduct of any Indemnity.
9. COSTS. Subdivider shall pay when due, all the costs of the work, including inspections
thereof and relocating existing utilities required thereby.
10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the
filed map and to the satisfaction of the City Engineer.
11. NON-PERFORMANCE AND COSTS. If Subdivider fails to complete the work within
the time specified in this Agreement, and subsequent extensions, or fails to maintain the work, Town
may immediately declare Subdivider in default of this Agreement. Immediately upon a declaration
of default, Subdivider, and any Surety having posted security pursuant to Section 3, shall be liable to
the Town for all costs and charges incurred by the Town (including, but not limited to: engineering,
inspection, surveys, contract, overhead, etc.) in completing and/or maintaining the work.
Once action is taken by Town to complete or maintain the work, Subdivider agrees to
pay all costs incurred by the Town, even if Subdivider subsequently completes the work.
Should Town sue to compel performance under this Agreement or to recover costs
incurred in completing or maintaining the work, Subdivider agrees to pay all attorney's fees, and all
other expenses of litigation incurred by Town in connection therewith, even if Subdivider
subsequently proceeds to complete the work.
12. AS -BUILT PLANS. Before acceptance of the improvements by the Town Council, the
Subdivider (or his Engineer) shall furnish the City Engineer a complete set of the original tracings of
the improvement plans for the subdivision (including all revisions thereto).
13. RECORD MAP. In consideration hereof, Town shall allow Subdivider to file and record
the Final Map or Parcel Map for said Subdivision.
Approved as to Form:
5 of 6
SUBDIVISION IMPROVEMENT AGREEMENT
City Attorney Date
Attachments: Securities required
1) Performance and Guarantee ...................................$ 163,000.00 + $5,000.00 (cash)
2) Payment..................................................................................................$ 85,000.00
3) Legal..........................................................................................................10,000.00
6 of 6
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ATTACHMENT D
RESOLUTION NO. 2015-02
ADOPTING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL
SIGNIFICANCE AND APPROVING MAJOR SUBDIVISION REQUEST SD 9382,
VARIANCE REQUEST 201.4-001, AND TREE REMOVAL REQUEST TRI -5-0010
ALLOWING THE SUBDIVISION OF A 3.7344- ACRE SITE INTO FIVE SINGLE
FAMILY RESIDENTIAL LOTS WITH REDUCED LOT WIDTHS FOR
LOT 1, 2, 4, AND 5, AND THE REMOVAL OF TEN
TOWN -PROTECTED TREES FOR THE
VISTA OAKS SUBDIVISION
(APNs: 200-080-011,-13,-014)
WHEREAS, RONALD P. ELVIDGE (Owner) and DK CONSULTING (Applicant) have
requested approval of a Major Subdivision request to subdivide two parcels totaling
3.73 +/- acres into five single family residential lots. The Variance would allow for
reduced lot widths for Lot 1 (96 feet), Lot 2 (95 feet), Lot 4 (110 feet) and Lot 5 (110 feet)
where a minimum lot width of 120 feet is required. by the site's R-20; Single Family
Residential zoning district. The Tree Removal Permit would allow for the removal ten
Town -protected trees; and
WHEREAS, the subject property is located at 805 & 813 La Gonda Way, APNs: 200-080-
011,43, -014; and
WHEREAS, the Town's Subdivision Ordinance requires approval of a Major
Subdivision application prior to recordation of a final map; and
WHEREAS, a Variance request must be approved to allow Lots 1, 2, 4, and 5 to be
created with average lot widths which are less than the minimum average lot width as
required under the subject R-20; Single Family Residential zoning district; and
WHEREAS, the Town's Tree Preservation Ordinance required approval of a Tree
Removal permit prior to the removal of a Town -protected tree; and
WHEREAS, pursuant to the requirements of the California Environmental Quality Act
(CEQA), a Mitigated Negative Declaration of Environmental Significance has been
prepared for the project indicating that, as mitigated. through recommended conditions
of approval, no significant adverse environmental impacts are expected to be associated
with this project; and
WHEREAS, the Planning Commission did review the project at a noticed public
hearing on February 24, 2015; and
ATTACHMENT E
WHEREAS, the public notice of this action was given in all respects as required by law;
anal
WHEREAS, a staff report was subriti.tted recomrrnerndirlg that the Planning Commission
approve the request; and.
WHEREAS, the Planning Commission dill hear and consider all reports,
recommendations, and testimony submitted in writing and presented at the hearing;
now, therefore, be it
RESOLVED that the Danville Planning Commission approves the Mitigated Negative
Declaration of Environmental Significance and approves Major Subdivision request SD
9382, Variance request VA.R1.4-0001, and Tree Removal request TR15-0010 and makes
the following findings in support of this action:
FINDINGS:
Mayor Subdivision
1. The proposed subdivision is in substantial conformance with the goals and
policies of the Danville 2030 General Plan.
2. The design of the proposed subdivision is in substantial conformance with the
applicable zoning regulations.
3. The design of the subdivision and the type of associated improvements will not
likely cause serious public health problems because crater and sanitary facilities
services will be available to the five new parcels (three net .new parcels).
4. The density of the subdivision is physically suitable for the proposed density of
the development.
5. The design of the proposed subdivision and improvements are not likely to
cause substantial environmental damage or subsequently injure fish or wildlife
or their habitat since this property is in an area where residential development
has previously occurred.
6. The design of the proposed. subdivision and proposed improvements will not
conflict with easements, acquired by the public at large, for access through or use
of, property within the proposed subdivision.
PAGE 2 OF RESOLUTION NO. 2015-O2
Variance
1. This variance does not constitute a grant of special privilege inconsistent with the
limitations on other properties in the area and the R-20; Single Family Residential
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 subject site contains steep slopes and a significant number of Town -
protected trees. The lot width variance will allow for the retention of the
existing driveway alignment on the site and a lot configuration that will
allow for a reduced volume of grading and a reduction in. the number of
Town -protected trees required to be removed.
b. The subject site contains the San Ramon creek, which includes very steep
and deep creek banks. The Geotechnical Report prepared by ENGEO
Incorporated dated May 5, 2014 found soil instabilities such _ as land
sliding and active erosion adjacent to the creek bank. The granting of this
variance would allow for the creation of deeper lots adjacent to the creek
resulting in larger and more stable building sites.
3. This variance is in substantial conformance with the intent and purpose of the R-
20; Single Family Residential. District in which the subject property is located
since the variance would allow for the subdivision of the property in a manner
that minimizes impacts and allows for the reasonable development of the
property in a manner that is substantially consistent with. the intent of the zoning
district.
Tree Removal
1. Removal of the ten Town -protected trees is necessary for the reasonable
development of the property. The tree removal is the minimum number of trees
necessary to be removed to allow for necessary development infrastructure,
including La Gonda Way frontage improvements and the project's private
driveway.
2. The removal of the ten trees will not have a .negative effect upon shade or
privacy between properties or the scenic beauty of the area due to the distance of
PAGE 3 OF RESOLUTION NO, 20I5-02
the home from. the neighboring property and the significant nurrnber of
additional existing trees on the site.
3. The removal. of the ten trees will not have a negative effect upon soil erosion nor
will it result in a significant diversion or increase in the flow of surface water as
there are a significant number of additional trees on the site that will be
preserved and development of the site will result in the planting of a significant
number of additional trees and storm drain improvements.
CONDITIONS OF APPROVAL
Conditions of approval with an asterisk (") in the left-hand column are standard project
conditions of approval.
Conditions of approval typed in italicized text are mitigation measures derived from
the Mitigated Negative Declaration of linvironrnental Significance prepared for the
project.
Unless otherwise specified, the following conditions shall, be complied with prior to the
recordation of the final reap or the issuance of a grading or building permit as
determined by the Planning Division. Each iteral is subject to review and approval by
the Planning Division unless otherwise specified.
A. GENERAL,
1. This approval is for a Major Subdivision request to subdivide two exising
parcels totaling 3.73 +/- acres into five single family residential lots. The
Variance allows for reduced lot widths for Lot 1 (96 feet), I.,ot 2 (95 feet),
Lot 4 (110 feet) and Lot 5 (1.10 feet) where a minirnuln lot width of 1.20 feet
is required by the site's R-20; Single Family Residential zoning district.
The Tree Removal Permit allows for the removal ten `:Fowr.-r-protected.
trees. Development shall be substantially as shown on the project
drawings as follows, except as may be modified by conditions contained
herein;
a. `Tentative Map as prepared by dk Consulting, consisting of six
sheets, dated received by the Planning Division on January 13,
2015.
b. Preliminary Stormwater Control. Plan as prepared by dk
Consulting, dated January 2015.
C, Geotechnical Investigation as prepared by Engeo Incorporated,
dated May 5, 2014.
PAGE 4 OF RESOLUTION NO. 2015-02
d. Arborist report prepared by Stewart's Tree Service Incorporated,
dated June 24, 201.4,
2. All Town. and other related fees [hat 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.
The following fees are due at final neap approval:
1. Base Map Revision Fee ($'91/1ot).......................$455.00
2. Map Check Fee ................................................$3,317.00
3. Irnproveinent Plan Check Fee ...........3% of cost estimate
4. f-:ngineering Inspection Fee..............5% of cost estimate
5. Excavation Mitigation Fee (SR) .....................$ 4,170.00
6. Park Larul in Lieu Fee (3 nein lots) ...............$ 29,550.00
The following fees are due at building permit issuance:
1. Child Cara FaciUtn'es Fee ..............................$ 335/lot
2. Stonrnwater Pollution. Program Fee .................. $54/1ot
3. SCCRegion.a.l Fee.......................................$1,318/lot
4. SCC Sub -Regional Fee ................................ $ 3, 630,/lot
.5. Residential TIP Fee ..................................... $ 2, 000/1,ot
6. Tri -Valley Transportation F'ee................... I2,4331lot
3. Prior to the issuance of grading or building permits, whichever occurs first, the
applicant shall reimburse the Town. for notifying surrounding residents regarding
this project. The fee shall be $512.24 ($240 plus 82 notices X 4 notification.. X
$0.83 per notice).
4. The applicant shall subinit 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 $2,210.00.
This check shall be made payable to the Contra Costa County Clerk's Office and
shall be subnnitted to the Town within four darts of project approval, The applicant
shall also submit within four days of project approval a separate check in the
amount of $50.00 made payable to the Contra Costa County Clerk's Office as
required to cover the County's processing fee.
5. The applicant shall submit to the Town. of Danville payment associated to the
Variance permit. The fee shall be $1,500 and shall be made payable to the Town of
Danville and shall be submitted to the Town zoithin. four darts of project approval.
PAGE 5 OF RESOLUTION NO. 2015--02
6. Prier to the issuance of grading or building permits, the applicant shall
sr.,brr it written documentation that all requirements of the San Ramon.
Valley :hire Protection District (SRVFPD) and. the San Ramon Valley
Unified_ School District have been, or will be, islet to the satisfaction of
these respective agencies.
7. In the event that subsurface archeological reniabi.s are discovered during any
constniction 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
anal/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 lititigation -measures, if deemed
necessary. If prehistoric archaeological deposits are discovered during
development of the site, local Native American organizations shall be consulted
and involved in rnaking resource irtartagerrtent decisions.
8. In the even[ that human, remains are discovered during grading or site
development, all work shall be halted in [lie vicinity of the find, the applicant shall
notify the county coroner and comply with all state law reriuireutents, including
Health. and Safety Code section 7050.0 and Public Resources Code section.
5097.98, to ensure proper disposition of the human remains or suspected human
remains, including those identified to be Native American remains.
9. Construction activity shall be restricted to the period between the weekday hours
of 7:30 a.m. to 5:30 p.m. (Monday through Friday), unless otherwise approved in
writing by the City Engineer for general construction activity and the C=hief
Building Official for building construction acl:ivity. Prior to any construction
work on the site, including grading, the applicant, shall install a minimum 3'x3'
sign at the project entry which specifies the allowable construction work days and
hours, and lists the name and contact person for the overall project manager and
all contractors and sub -contractors working on the job.
x 1.o. The applicant shall provide security fencing, to the satisfaction of the City
:Engineer and/or the Chief Building Official, around the site during
construction, of the project.
I1. The applicant shall require contractors and subcontractors to fit all internal
combustion engines with mufflers, which are in good condition, and to locate
stationary noise gerierating equipment as far away from existing residences as
feasible.
12. A watering program which incorporates the use of a dust suppressant,
and which. cornplies will, Regulation 2 of the Bay Area Air Quality
PAGE 6 OF RI+ SO.I.XTION NO. 2015-02
Management District shall be established and implemer.ited for all on and
off-site construction: activities. Equipment and human resources for
watering all exposed or disturbed soil surfaces shall be supplied on
weekends and holidays as well as workdays. gust -producing activities
shallbe discontinued during high wind periods.
x 13. All physical improvements shall be in place prior to occupancy of any
new 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.
14. The applicant shall submit a written Compliance Report detailing how the
conditions of approval for this project have been complied with as part of
the initial submittal for the final map, plan check, and/or building permit
review process (whichever occurs first). This report shall list each
condition of approval followed. by a description of what the applicant has
provided as evidence of compliance with that condition. The applicant
must sign the report. The report is subject to review and approval by the
City Engineer and/or Chief of Planning and/or Chief Building Official,
and may be rejected by the Town if it is not comprehensive with respect to
the applicable conditions of approval.
15. A rare plant survey of the Property in accordance with CDFW and CLAPS
guidelines may be required prior to construction. The survey should be scheduled
to coincide with the identified blooming or identification periods for those species
having potential to occur. Based on the blooming periods for the four species
O"ragrant Fritillary (Fritillaria liliacae), Mount. Diablo Fairy Lantern
(Calochortus pulchellus), Diablo Helianthella (Helianthella castanea) and Mount
Diablo Manzanita. (Arctostaphylos auriculata), surveys would be performed
between March and April. Any rare, threatened, or endangered plant species
should be identified and mapped. If'any of these species are found, consultation.
with the USFWS and/or CDFW may be required regarding appropriate
mitigation.
16. To avoid "take" of special -status bats, the following mitigation measures shall be
implemented prior to the removal of any existing trees or structures ori the project
site:
a) A bat habitat assessment shall be conducted by a qualified bat biologist
during seasonal periods c f bat activity (nud-February through rnid-
October - ca. Feb. 15-28 Apr. 15, and Aug. 15 - October 30), to determine
suitability of each existing structure as bat roost habitat.
PAGE 7 OF RESOLUTION NO. 201.5-02
b) Structures found to have no suitable openings can be considered clear for
project activities as long as they are maintained so that new olrentngs do
not occuI"
c) Structures found to provide suitable roosting habitat, but without
evidence of use by bats, may be sealed until project activities occur, as
recommended by the bat biologist.
Structures with openings and exhibiting evidence of use by bats shall be
scheduled for h.unrane bat exclusion and eviction, conducted during
appropriate seasons, and under supervision of a qualified bat biologist.
d) Bat exclusion and eviction shall only occur between February 15 and
April 15, acrd from August 15 through October 30, in order to avoid take
Of non—volant (non flying or inactive, either young, or seasonally torpid)
J ndividuals.
OR
A qualified wildlife biologist experienced in surveying for and identifying
bat species should survey the portion of the mixed oak woodland and
mixed riparian habitats if tree removal is proposed to determine if any
special—status bats reside in tyre, trees. Any special—status bats identified
should be removed without harm. Bat houses sufficient to shelter the
number of bats removed should be erected in open space areas that would
not be disturbed by project development.
17. The San Francisco dusky -footed woodrat was determined to have a moderate
potential of occurring on the Property. This species is identified as a California
Species of Special Concern. Although no zvoodrat nests were observed throughout
the Property during the November 2014 survey the species occurs within the
mixed riparian woodland and mixed oak woodland habitats which are both
present at this Property. Prior to commencing any Project activities that may
result in the destruction of dusky -footed woodrat nests; surveys shall be
conducted by a qualified biologist to determine the occurrence of the crests. If
found, to avoided impact, orange construction fencing will be installed around the
nest, and a biological monitor will be present upon the initiation of construction.
to monitor construction activities to ensure that the nests are not disturbed. The
biological monitor will educate construction workers so that they can identify and
avoid the nests.
18. While potential occurrence of CRLF is unlikely along San Ramon. Creek, a pre -
construction survey should be performed no more than 48 hours prior to ground
disturbance or vegetation removal. Surveys would be required to determine
presence/absence of this species.
PAGE 8 OF RESOLUTION NO. 201.5-02
19. While potential occurrence of Alarneda whipsrake is unlikely zvith.i.n the isolated
chaparral and oak zrioodland habitat, a pr,e-constructionn survey should be
performed no more than 48 hours prior to ground. disturbance or vegetation
rernoval. Surveys would be required to determine presence/absence of this species.
20. Prior to the completion of any work within the creek, the applicant shall be
required to subinit documentation that all requirernents of the California
Department of Fish and Wildlife, LIS Department of Fish- and Wildlife, and
California Regional Water Control Board have been nzet.
B. SITE PLANNING
x. 1. All lighting shall be installed in such a manner that lighting is generally
down directed and glare is directed away from surrounding properties
and rights of way.
2. 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 DepartrYient - Environinental
Health Division regulations. Environmental Health Division permit and
inspections for this work shall be obtained. Wells may be retained for
landscaping purposes only if approved by the Contra Costa County
Health Services Departnnent - Environmental Health Division.
4. In accordance with Danville Municipal Code ;31-11.14 et. seq., the
applicant will be required to guarantee the installation of common area
improvements. The guarantee will take the form of a Subdivision
Agreement and acceptable performance security. The applicant is
encouraged to read and understand the Municipal Code requirements
associated with the guarantee and be prepared to execute the agreement
and provide the performance security in advance of the final map.
C. LANDSCAPING
1.. 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
PAGE 9 OF RE SOLUTION NO. 2015-02
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.
2. Prior to tree removal and grading within the development area, a determination
shall be made as to whether gradinX or tree removal is proposed, during the raptor
nesting season (.February through August). If gradin& or tree removal is proposed
during the raptor cresting season, a focused tree pre -construction suroey for
raptor nests shall be conducted by a qualified biologist during the nesting season
to identify active nests on the project site. The survey shall be conducted no less
than 14 days, and no more than 30 days, prior to the beginning of grading or tree
removal. lfnesting raptors are found during the focused survey, no grading or
tree removal shall occur within. 500 feet of an active nest until the young have
fledged (as determined by a qualified biologist). If impacts to nest trees are
unavoidable, they shall be removed during the non -breeding season.
Project approval includes the removal of 29 trees, ten of which are Town -protected
trees rzs shown. on Sheet 5 of the Tentative Map which are as follows: #42 (Valley
Oak), #44 (2 Valley Oak trees), #45 (Valley Oak), #47 (Live Oak), #59 (Valley
Oak), #64 (Valley Oak), #114 (Live Oak), #118 (Valley Oak), and #119 Valley
Oak). Due to the significant amount of trees to be removed, replacement trees
shall be required for 29 trees. Replacement trees for Town -protected trees shall be
equivalent to the diarneter(s) of the tree to be removed. The applicant shall also be
required to plant one new tree for each non Town-- .Protected tree to be removed.
The trees shall be a minimum of 15 -gallon trees planted on site or within other
Tozon approved locations within the Town. of Danville.
4. The location of mitigation trees associated with this approval shalt be within the
subdivision subject to 'Town staff review and approval or off-site in an open space
area in Town as determined by tate Tozvn's Maintenance Division. Off-site trees
shall be provided for through the applicant's payment of a mitigation fee which
shall be made payable to the Town of Danville. This mitigation fee shall be in the
amount equivalent to the costs of the replacement trees. Mitigation funds
received by the Town will be applied to an account chosen by the Town for use by
PAGE 10 OF RESOLUTION NO. 2015-02
the Maintenance Department staff to allow for the purchase and 1>lantIng of
beautification trees within the Town of Danville.
S. Tree removal approved as part of this approval shall be as shown on the 'Free
Removal Preservation Plan referenced ander Condition of Approval A.2 of this
Resolution. Approval for the removal of additional non Town. -protected trees,
which may be f and to be necessary to allow for the reasonable development of the
lots, shall be subject to review and approval by the Town and the Design Review
Board in conjunction with the review of the Development .flan applications for
the development of each lot.
D. ARCHITECTURE
1. All ducts, meters, air conditioning and/or any other mechanical
equipment whether on the structure or on the ground shall be effectively
screened from view with landscaping or materials a.rclaitecturally
compatible with the main structures.
X' 2. The street numbers for each building in the project shall be posted so as to
be easily seen from the street at all tunes, clay and night by emergency
service personnel,
3. The architecture, landscaping, and site design for the future development
of each lot within this subdivision shall be Subject to approval by the
Town under separate Development Plan applications. The Development
Plan applications shall be subject to review and approval by the Town and
the Town's Design Review Board.
4. Homes to be constructed on all lots created by this subdivision shall strive
to rnirlimize privacy impact between the new homes and existing
neighboring homes through design considerations such as, but not limited
to, window placement, window type, potential height limitations, and
landscape screening subject to review and approval by the Town and the
Town's Design Review Board as part of the review of the individual
Development Plan application for each lot.
E. GRADING
1. Any grading on adjacent properties will require prior written approval of
those property owners affected.
x 2. At least one week prior to com2nencement 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
PAGE 11 OF RESOiLUTION NO. 2015-02
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, tide, phone
ni.r.inher 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, Tl -e 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 reconlmen.dations for foundation design of the proposed
buildings and, shall be subject to review and approval by the down's
Engineering and Planning Divisions. A design level geotechnical
exploration report shall be required before the final design of any
residential unit or site improvement is developed to identify ways of
mitigating the colluvial deposits within the sctiYal.e area of the site, to resist
potential movement in expansive soils, and to design suitable foundations
for any structures.
x 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. crigin.eering and geological opinion as to the safety
of the site from settlement and seismic activity.
5. 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 SW.PPP shall supplement the Erosion Control
Planand project improvernent plans. These documents shall also be retained on-
site while the project- is under construction. A NPDES constructionn permit may
be required, as determined by the City Engineer.
x 6. All new development shall be consistent with modern design for
resistance to seismic forces. All new development shall be in accordance
with the Uniform Building Code and Torn of Danville Ordinances.
x 7. All Cut and fill areas shall be appropriately designed to minimize the
effects of ground shaking and. settlement.
PAGE, 12 O1{ RESOLUTION NO. 2015-02
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 malEe
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. The applicant shall create a. construction. staging plan that addresses the
ingress and, egress location for all construction vehicles, parking and
material storage area. This plan shall be subject to review and approval by
the Town prior to the issuance of a grading permit.
11. Because the grading work involves moving more than 100 cubic yards of
soil, the applicant must obtain. a Grading Permit in conformance with
Municipal Code Chapter 19. A plan showing appropriate erosion and
sediment control pleasures shall accompany any plans developed in
support of the Grading Permit, subject to the review and approval by the
Town. The applicant is responsible for payment of all fees and security
deposits according to the schedule in effect at the time the permit is
issued.
F. STREETS
1. The applicant shall obtain. an encroachment permit froln the Engineering
Division prior to commencing any construction activities within any
public right-of-way or easement.
2. Street signing shall be installed by the applicant as may be required by the
City Engineer. Traffic signs and parking restriction signs, which may be
required to be installed, shall be subject to review and approval by the
Transportation Division and the. Police Department.
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.
PAGE 1.3 OF RESOLUTION NO. 2015-02
4. The applicant is responsible for identifying and mitigating impacts to
public roads during construction. A pre -project survey of haul route(s)
must be conducted; thereafter, damaged or deteriorated pavement
resulting from the project truck traffic must be restored to pre. -project
conditions by the applicant at their cost.
5. All improvements within the public right-of-way, including curb, nutter,
sidewalks, driveways, paving and utilities, shall be constructed in
accordance with approved standards and/or plans and shall comply with
the standard plans and specifications of the Development Services
Department and Chapters XII and XXXI of the Town Code. At the time
project improvement plans are submitted, the applicant shall supply to
the City Engineer an up to date title report for the subject property.
x 6. Handicapped ramps shall be provided and located as required by the City
Engineer.
7. Public streets shall be improved to the standards in #G.5. above. Private
streets shall be 'improved to public street structural standards. Private
street improvements, and their dimensions, shall be as shown on the
project plans identified in #A.1. above and shall conform to Standard Plan
104a&b.
8. A private access and utility easement shall be dedicated across the drive
aisle for the benefit of all properties within the subdivision, and
maintained as a common area improvement.
9. Relinquish abutter's rights of access along the public road frontages except for the
approved main entry drive for Dots .1 and 2,
10. Land along the frontage of the property (approximately 8 feet deep) shall be
dedicated to the Toz-on of Danville.
11, A sidewalk, curb and gutter shall be constructed along the public street frontage
in accordance with Municipal Code Chapter 31 section 77.2.
G. 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. The
District's initial comments on this project are summarized with their
memorandum dated January 6, 2015.
PACE 14 OF RESOLUTION NO. 2015-02
* 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 requirernents of the District.
3. Drainage facilities and easements shall be. provided to the satisfaction of
the City Engineer and/or the Chief Engineer of the Contra Costa County
Flood Control & Water Conservation District.
4. Prior to commencement of any site work that will result in a laud disturbance of
one (1) acre or rnore in area, the applicant/owner shall submit evidence to the
Town that, the requirementsfor obtaininga State General Construction Permit
have been met. Such evidence may be the copy of a WDID number issued by the
State Water Resources Control hoard in response to an application submitted via
their online SMARTS Sjystem by a qualified SWPPP developer. Additionally, the
applican.t/owner shall submit evidence that, the requirements for obtaining the
U.S. Army Corps of engineers 404 Permit, the State Water Resources Control
Board 401 Certification, and the California Department of Fish and Gauze's
Streambank Alteration Agreement have been or will be wet. Such evidence might
be a copy of the permit(s)Jagreement and/or a letter from the applicant/owner
stating that the above permit(s) are not required for the subject project.
x 5. 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.
b. Any portion of the drainage system that conveys runoff from, public
streets shall be. .installed within a dedicated drainage easement or public
street.
7. If a storm drain must cross a lot, or be in an easement between lots, the
easement shall be equal to or at least double the depth of the storm drain.
8. The existing joint utility poles and overhead wires shall be
undergrounded as part of the project.
9. All new utilities required to serve the development shall be installed
underground in accordance with the Town policies and existing
ordinances and must be completed prior to resurfacing of the streets. All.
utilities shall be located and provided within public utility easements,
sited to meet utility company standards or in public streets.
X. 10. All street, drainage or grading improvement plans shall be prepared by a
PAGE 15 OF Rli;SOt,UTIUN NO. 2015-02
licensed civil engineer.
H. MISCELLANEOUS
1. The project shall be constructed as approved. Minor modifications in the
design, but not the use, may be approved by Staff. Any other change will
require Planning Commission approval through the Development Plan
review process,
a. 2. Pursuant to Government Code section 66474.9, the applicant (including
the applicant or any agent thereof) shall defend, indemnify and hold
harmless the Town of Danville and its agents, officers and employees
from any claim, action or proceeding against the Town or its agents,
officers or employees to attack, set aside, void., or annul, the Town's
approval concerning this application, which action is brought within the
time period provided for .in Section. 66499.37. The: Town. will promptly
notify the applicant of any such claire, action or proceeding and cooperate
fully in the defense.
3. The project homeowners' association, through project -specific covenants,
conditions and restrictions (CC&Rs), shall be responsible for nnaintenaiace
of all on-site private roads, common landscape areas, common fencing,
the bio -retention facility, and common drainage facilities. Draft project
CC&Rs shall be submitted to the Town of Danville for review and
approval a minimum of 30 days prior to recordation of the final snap.
* 4. Use of a private gated entrance is expressly prohibited.
* 5. As a. part of the issuance of a demolition permit and/or building permit
for the project, the developer shall submit a recycling plan for building
and construction materials and the disposal of green waste generated
from land clearing on the site. Prior to obtaining framing inspection
approval for the project, the applicant/owner shall provide the Planning
Division with written documentation (e.g. receipts or records) indicating
that waste mate -.rials created from the demolition of existing buildings and
the construction of new buildings were/are being recycled according to
their recycling plan or in an equivalent manner.
6. The proposed project shall conform to the Town's Stormwater Management and
Discharge Control Ordinance (Ord. No. 2004-06) and all applicable construction
Best Managenient Practices (BMPs) for the site. For example, construction BMPs
lnay include, but are. not 11rnited to; the storage and handling- of constrlfction.
rnaterials, street cleaning, prober disposal of wastes and debris, painting, concrete
operations, dewatering operations, pavernent operations, z;ehiclejequipinent
PAGE 16 OFRE, SOLUTION NO. 2015-02
cleaning, maintenance and fueling and stabilization of construction. entrances.
Training of contractors on BMPs for constructionactivities is a requirement of
this permit. At the discretion of the City Engineer, a Storrs Water Pollution
Prevention Plan (SWT)PP) may be required for projects under five acres,
7. The project shall conform. to the Regional Water Quality Control Board post -
construction C.3 regulations which shall be designed and engineered to integrate
into the project's overall site, architectural, landscaping and improvement plans.
These requirements are contained in the project's Stormwater Control Plan and
are to be implemented as follows:
a. Prior to issuance of pe'r'n-tits for building, site nrrproveme'nts, or
landscaping, the permit application shall be consistent with the applicant's
approved Storinwater Control Plan and shall include drawings and
specifications necessary to implement all nneasures in the approved plan.
The permit applicationn shall include a completed Construction_ Plan C.3
Checklist as described in the Town's Storinwater C.3 Guidebook.
b. As may be required by the City E=ngineer and the Chief of Planning,
drawings submitted with the permit application (including structural,
mechanical, architectural, grading, drainage, site, landscape, and other
drawings) shall show the details and methods of construction for site
design features, measures to limit directly connected impervious area,
pervious pavements, self-retaining areas, treatment (Best Management
Practices) BMPs, permanent source control BMI's, and otherfeatures that
control stormwater flow and potential stormwater pollutants.
.Prior to building permit final and issuance of a Certificate of Occupancy,
the applicant shall execute any agreements identified in the Storinwater
Control Plan which pertain to the transfer of ownership andlor long -terra
maintenance of storinwater treatment or hydrograph modification BMPs.
d. Prior to building permit final and issuance of a Certificate of Occupancy,
the applicant shall submit, for the T'own's review and approval, a
Stormwater BMP Operation and Maintenance Plan in accordance with
the Town of Danville guidelines to ensure that the storm water pollution
control facilities are property maintained and operated post construction.
Guidelines for the preparation of Stormwater BMP Operation and
Maintenance Plans are in Appendix l- of the Town's Slorinwater C.3
Guidebook. The Integrated Management Practices (IMP) proposed for the
treatment areas shall be consistent with the recommendations of the
Contra Costa Clean Water Program.
8. A final Stormwater Control Plan (SC.P) must be prepared and submitted
as part of the final subdivision map review according to the adopted
PAGE 17 OF RESOLUTION NO. 2015-02
MUnicipal Regional Permit (MRP) that governs land. development in
Denville. The Contra Costa Clean Water Program has developed the 611)
Edition Storniwater C.3 G7.ridebook to assist t1.iose who prepare SCI's.
Information is available on the Program website as follows:
http://www.cccleaiiwa.te.i,.oi,(�,/c3-�-,tii(lebook,].itii.11
9. The applicant shell dedicate a private maintenance easement over the
creek -defined drainage areas shown on. the :Final Map. Ongoing creek
maintenance shall be the responsibility of the owners of Lots 4 and 5. The
development rights within the creek -defined drainage easement shall be
granted to the Town of Danville with the understanding that no
permanent structures of any kind, other than drainage structures, may be
constructed within or over this easement without the approval of the City
Engineer. Non-invasive landscaping within the creek -defined drainage
easement is allowed provided the flood control, characteristics of the creek
are not adversely altered.
APPROVED by the Danville Planning Commission �t a regular meeting on February
24, 2014 by the following vote:
AYES:
Rowles, Graham, Habrel, Heusler, Radich
NOES:
Verriere
ABSENT:
Combs
ABSTAIN:
Chairman
APPROVED AS TO FORM:
City Attorney 6hietof Panning
PAGE 1.8 OF RESOLUTION NO. 2015-02
I Ra -me] 1111 IMIZINZIEWN-111MAN
APPRO"T'll-G A V,,AE-7EAR,nYTiE EXTENSION AnD AA AITIEII#MENT TO THE
CONDITIONS OF APPROVAL TO REMOVE THE REQUIREMENT TO
UNDERGROUND THE EXISTING JOINT UTILITY POLE AND OVERHEAD
WIRES ALONG LA GONDA WAY FOR THE PREVIOUSLY APPROVED
MAJOR SUBDIVISION SD 9382
200-080-01,1,-013,-014 - ZARNEGAR)
WTIEREAS, Elham Zarnegar has requested a one-year time extension and an
amendment to the conditions of approval to remove the requirement to underground
the existing joint utility pole and overhead wires along La Gonda Way for previously
approved Major Subdivision SD 9382.
W11EREAS, the subject property is located at 805 & 813 La. Gonda Way and is further
identified as Assessor's Parcel Number 200-080-011, -013, -01.4; and
WHEREAS, the Town of Danville Subdivision Ordinance allows for extensions of a
previously approved tentative subdivision. parcel map for a maximum time period of 24
months; and
WHEREAS, the subject extension request constitutes the first 12 -month extension,
extending the valid time period for the approval until August 24, 2018; and
WHEREAS, Condition of Approval G.8 of Town Council Resolution No. 2015-02
requires the removal of the existing joint utility pole and overhead wires along the
frontage of the subject property; and
WHEREAS, the Planning Commission did review the project at a noticed public
hearing on September 12, 2017; and
a e C e
WHEREAS, the project has been found to bo Cab, orially Ex mpt fi- im th
r — __ _-b J - 11
requirements of the California Envirorunental Quality Act (CEQA), Section 15305, Class
5; 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
IA71-IEREAS, 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 Plazu-ting Commission of the Town of Danville approves a one-
year time extension of Major Subdivision SD 9382 and the request to eliminate the
Condition of Approval G.8 of Resolution. No. 201.5-02 related to the undergrounding of
the existing joint utility pole and overhead wires along the La Gonda Way frontage and
makes the following findings in support of this action:
1. The proposed. project is consistent with the Danville 2030 General Plan,
2. The uses authorized and the subdivision of land are consistent with the
requirements of the subject R-20; Single Family Residential District.
3. Conditions within the neighborhood are substantially the sane as the conditions
under which the project was originally approved.
4. The exercise of the previously approved Major Subdivision will not result in an
adverse impact the health, safety, or welfare of the Town.
5. The design of the subdivision and the type of associated improvements are in
conformance with the surrounding developments.
6. The requirement to underground existing joint utility poles and overhead wires
along the La Gonda Way frontage would not necessitate the net decrease of
utility poles or reduce a significant amount of overhead powerlines and wires
along La Gonda Way.
APPROVED by the Danville Planning Conunission at a regular meeting on September
12, 2017, by the following vote:
AYES: Bowles, Combs, Graham, Haberl, Havlik, Radich
NOES:
ABSTAINED: Ileusler
ABSENT: Verriere
Chairman
APPROVED AS TO FORM:
Cit Aiforrce Chief Plana itzg
Y y .,
PAGE 2 OF RESOLUTION NO. 2017@10