HomeMy WebLinkAbout092022-05.5 ADMINISTRATIVE STAFF REPORT 5.5
TO: Mayor and Town Council September 20, 2022
SUBJECT: Resolution No. 83-2022, approving Subdivision Map and Subdivision
Improvement Agreement for Subdivision 9291, Magee Preserve, located
at 2200 Blackhawk Road
BACKGROUND
On July 2, 2022, the Town Council approved a Preliminary Development Plan, Rezoning
Request, Final Development Plan and Tree Removal Request for Major Subdivision 9291,
Magee Preserve, per the Conditions of Approval (Attachment E) for a 69-unit single-
family residential development and associated parcels, located at 2200 Blackhawk Road.
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 public improvements, the Town will be responsible for routine
maintenance of 5,470 linear feet of street and drainage improvements for an estimated
annual cost of $6,200.
Approving Subdivision Map, 2 September 20, 2022
Subdivision Improvement Agreement;
SD 9291, Magee Preserve
RECOMMENDATION
Adopt Resolution No. 83-2022, approving Subdivision Map and Subdivision
Improvement Agreement for Subdivision 9291, Magee Preserve, located at 2200
Blackhawk Road.
Prepared by:
Mark Rusch
Civil Engineering Associate
Reviewed by:
Tai J. Williams
Assistant Town Manager
Attachments: A - Resolution No. 83-2022
B - Subdivision Map
C - Subdivision Improvement Agreement
D - Location Map
E - Conditions of Approval
cc: Subdivider: Davidon Homes
1600 South Main Street, Suite 150
Walnut Creek, CA 94596
Engineer: RJA
4690 Chabot Drive, Suite 200
Pleasanton, CA 94588
RESOLUTION NO. 83-2022
APPROVING SUBDIVISION MAP AND SUBDIVISION IMPROVEMENT
AGREEMENT FOR SUBDIVISION 9291, MAGEE PRESERVE,
LOCATED AT 2200 BLACKHAWK ROAD
WHEREAS, the Town Council previously approved the Mitigation Measures and a
Mitigation Monitoring and Reporting Program and approved Major Subdivision, Final
Development Plan and Tree Removal request for SD 9291, Magee Preserve, per
Resolution 46-2019; and
WHEREAS, Davidon Homes, 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.
DocuSign Envelope ID: DDEEBC48-7E52-46E9-BA74-3D0B0224700F
ATTACHMENT A
PAGE 2 OF RESOLUTION NO. 83-2022
APPROVED by the Danville Town Council at a regular meeting on September 20, 2022,
by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
________________________________
MAYOR
APPROVED AS TO FORM: ATTEST:
_____________________________ ________________________________
CITY ATTORNEY CITY CLERK
DocuSign Envelope ID: DDEEBC48-7E52-46E9-BA74-3D0B0224700F
ATTACHMENT B
ATTACHMENT C
ATTACHMENT D
RESOLUTION NO. 46-2019
CERTIFYING A FINAL REVISED ENVIRONMENTAL IMPACT REPORT,
ADOPTING FINDINGS AND A STATEMENT OF OVERRIDING
CONSIDERATIONS, MITIGATION MEASURES AND A MITIGATION
MONITORING AND REPORTING PROGRAM, AND APPROVING
MAJOR SUBDIVISION REQUEST, FINAL DEVELOPMENT
PLAN REQUEST AND TREE REMOVAL REQUEST
(MAGEE PRESERVE DAVIDON HOMES)
WHEREAS, DAVIDON HOMES (Applicant) and MAGEE INVESTMENT COMPANY
& TEARDROP PARTNERS, L.P (Owners) have requested approval of a Preliminary
Development Plan Rezoning request (LEG10-0004), Major Subdivision request
(DEV10-0071), Final Development Plan request (DEV10-0072), and Tree Removal
request TR10-0028, on a 410 +/- acre site; and
WHEREAS, the site is located on the south side of Diablo Road and Blackhawk Road
extending approximately two miles east from the intersection of Diablo Road/Green
Valley Road/McCauley Road; and
WHEREAS, t -050-071, 073,
078, 079, and 080; 202-100-017, 019, 038, and 040; and 215-040-002; and
WHEREAS, collectively, these approvals would: 1) rezone the property from A-4;
Agricultural Preserve District, A-2; General Agricultural District, and P-1; Planned Unit
Development District to P-1; Planned Unit Development District; 2) approve the
subdivision of the 410 +/- acre site to create 69 single family residential lots and
associated parcels; 3) authorize a minimum of 10% of the lots created to include an
Accessory dwelling unit (); 4) provide for architectural design and landscape
details for the development, and; 5) authorize the removal of 15 Town-protected trees (a
total of 67 on and off-site trees would be removed as part of the project); and
WHEREAS, the Town of Danville P-1; Planned Unit Development District Ordinance
requires approval of a Preliminary Development Plan Rezoning request prior to
approval of a Final Development Plan request; and
WHEREAS,
prior to the recordation of the final map; and
WHEREAS, the Danville Tree Preservation Ordinance requires approval of a Tree
Removal permit prior to the removal of Town-protected trees; and
ATTACHMENT E
PAGE 2 OF RESOLUTION NO. 46-2019
WHEREAS, the development applications would authorize
California Environmental Quality Act (CEQA) and the Town of Danville determined
that preparation of a Revised Environmental Impact Report (REIR) for the project
would be required; and
WHEREAS, a substantially similar development application and a Final Environmental
Impact Report were approved by the Danville Town Council in July, 2013; and
WHEREAS, a lawsuit was filed to challenge the project approvals, alleging that the
pedestrian safety, California red-legged frog, emergency access, safe evacuation,
flooding, erosion, and siltation. The lawsuit further alleged that the EIR failed to
adequately respond to public comments, failed to consider project alternatives that
would have eliminated traffic impacts, and should have been recirculated for public
General Plan and with other land use restrictions; and
WHEREAS, the Court of Appeal rejected all allegations except the claim that the EIR
did not adequately address impacts to bicycle safety. As to bicycle safety, further CEQA
analysis was required before the Town considers approval of the proposed project; and
WHEREAS, on April 19, 2016, the Town Council adopted Resolution No. 39-2016
setting aside and rescinding certification of the EIR and project approval; and
WHEREAS, in February 2017, Davidon Homes became the project applicant; and
WHEREAS, the Town of Danville prepared and circulated a Notice of Preparation
(NOP) on August 31, 2017 for a 30-day review period ending on October 2, 2017,
soliciting guidance from the public and interested agencies on the scope and content of
the EIR; and
WHEREAS, the NOP was sent to the California State Clearinghouse under
Clearinghouse Number 2010112042; and
WHEREAS, the Town of Danville subsequently completed a Draft Revised EIR in
accordance with CEQA; and
WHEREAS, on August 31, 2018, the Draft Revised EIR was released by the Town of
Danville to the public and interested agencies for a 45-day public review period; and
WHEREAS, the public review period ended on October 15, 2018; and
WHEREAS, public comment on the Draft Revised EIR was received by the Planning
Commission at the September 25, 2018 hearing; and
PAGE 3 OF RESOLUTION NO. 46-2019
WHEREAS, the Town of Danville prepared a Final Revised EIR and released it to the
public and interested agencies on May 16, 2019; and
WHEREAS, on May 28, 2019, the Planning Commission held a public hearing on the
Final Revised EIR and Project; and
WHEREAS, a staff report was submitted recommending that the Danville Planning
Commission recommend the Town Council certify the Final Revised EIR, approve a
Statement of Overriding Considerations, adopt mitigation measures and a Mitigation
Monitoring and Reporting Program and approve the development applications; and
WHEREAS, at that meeting, the Planning Commission approved Resolution No. 2019-
05 recommending the Town Council certify the Final Revised EIR, approve a Statement
of Overriding Considerations, adopt mitigation measures and a Mitigation Monitoring
and Reporting Program, and approve the development applications; and
WHEREAS, on July 2, 2019, the Town Council held a public hearing on the Final
Revised EIR and Project; and
WHEREAS, a staff report was submitted recommending that the Town Council certify
the Final Revised EIR, approve a Statement of Overriding Considerations, adopt
mitigation measures and a Mitigation Monitoring and Reporting Program and approve
the development applications; and
WHEREAS, after the conclusion of the public hearings on the Final Revised EIR and
Project, the Town Council determined that the Revised Final EIR has been prepared in
compliance with CEQA; and
WHEREAS, the Town Council reviewed and considered the information contained in
the Final Revised EIR and the testimony presented at the public hearings prior to
making a recommendation on the Project; and
WHEREAS, the Town Council finds that the Final Revised EIR reflects
independent judgment and analysis; and
WHEREAS, the Town Council finds that all feasible mitigation measures were
considered and recommended for adoption, and to the extent a measure or alternative
was not feasible, that there are specific economic, legal, social, technological, and other
considerations explaining why a measure or alternative was not feasible to reduce those
impacts to a less than significant level; and
WHEREAS, prior to taking action, the Town Council declares that it has heard and
been presented with, reviewed, and considered all of the information and data in the
PAGE 4 OF RESOLUTION NO. 46-2019
administrative record, including the Final Revised EIR and other documentation
relating to the Project; and
WHEREAS, the Planning Commission also recommended approval of a Statement of
Overriding Considerations which evaluates the benefits of the Project against its
significant and potentially unavoidable traffic congestion impacts; and
WHEREAS, the required CEQA Findings and Statement of Overriding Considerations
are attached to this Resolution as Exhibit 1 and the required Mitigation Monitoring and
Reporting Program is attached this Resolution as Exhibit 2; now, therefore, be it
RESOLVED that the Danville Town Council makes the following findings:
Section 1. The Town Council finds that the Final Revised EIR has been prepared in
compliance with CEQA, and reflects the independent judgment and analysis of the
Town of Danville.
Section 2. The Town Council declares that it has made a reasonable and good faith
effort to eliminate or substantially mitigate, through adoption of all feasible mitigation
measures, all potentially significant impacts that may result from the Project.
Section 3. The Town Council concurs with the CEQA Findings and Statement of
Overriding Considerations in Exhibit 1 to this Resolution and incorporated herein by
this reference and finds, that if an environmental impact remains significant and
unavoidable, the benefits of the Project outweigh any potential significant and
unavoidable environmental impact. The Town Council also herein incorporates the
itigation Monitoring and Reporting Program attached as Exhibit 2 to this
Resolution. The Town Council also concurs that there are no additional feasible
alternatives or mitigation measures within its powers that would substantially lessen or
avoid any significant and unavoidable impacts that may result from the Project.
Section 4. The Town Council certified the Final Revised EIR,
Section 5. The Town Council authorizes a Notice of Determination be filed within five
working days of approval of the Project.
And, be it further
RESOLVED, that the Danville Town Council approve Preliminary Development Plan
Rezoning request (LEG10-0004), Major Subdivision request (SD9291 & DEV10-0071),
Final Development Plan request (DEV10-0072), and Tree Removal request (TR10-0028)
per the conditions contained herein, and makes the following findings in support of
these actions:
PAGE 5 OF RESOLUTION NO. 46-2019
FINDINGS
PRELIMINARY DEVELOPMENT PLAN REZONING
1. The rezoning of the site to P-1; Planned Unit Development District is consistent
with the Town of Danville 2030 General Plan. The General Plan contains policies
that encourage clustering of development on flatter portions of properties to
preserve open space and natural features. 2030 General Plan Policies 1.07, 2.05,
and 21.02 contain such provisions, with Policies 1.07 and 21.02 specifically
identifying PUD or P-1 zoning as implementation measures. In addition,
Municipal Code Section 32-63.1b provides that the P-1; Planned Unit
Development District is intended to be used for properties identified as Special
Concern Areas in the General Plan: the subject property is identified as a special
concern area.
2. The project site is identified as a Special Concern Area in the General Plan. The
text for the Special Concern Area of the Magee Ranch property (on pages 3-49
and 3-50 of the 2030 General Plan) includes the following relevant direction:
character of a
country road. The Town strongly supports retention of this character and
protect
scenic slopes and ridgelines is imperative. Despite the A-2 (General
Agricultural) zoning on much of the site, subdivision of this Special
Concern Area into five-
Tassajara Lane/Sherburne Hills area is strongly discouraged. Such
development would require grading and road construction that could
substantially diminish the visual qualities of the area. Transferring
allowable densities to a limited number of areas within the ranch would
enable the bulk of the site to be set aside as permanent open space. This
would also provide opportunities to establish park and trail connections
and to preserve wildlife corridors between this area and the Sycamore
Valley Open Space.
P-1 zoning is the only zoning designation that permits this clustering of potential
development, without creation of 5-acre ranchettes which the Special Concern
Area language specifically discourages on the property. With clustering, the new
residences would not be visible to motorists on Diablo Road. Approximately 381
acres of the project site would be set aside as permanent open space and two
miles of trails would be dedicated to create connections to the Sycamore Valley
Open Space.
PAGE 6 OF RESOLUTION NO. 46-2019
3. The Town further finds that the rezoning for residential development is within
the maximum permitted density under the existing General Plan land use
designations on the property, which include Single Family-Low Density, Rural
Residential, Agricultural and General Open Space.
4. The uses authorized or proposed in the land use district are compatible within
the district and to uses authorized in adjacent districts. The proposed infill
housing is an efficient development pattern consistent with surrounding
residential subdivisions and will add to existing infrastructure that services the
adjacent single family residential uses.
FINAL DEVELOPMENT PLAN MAJOR SUBDIVISION
1. The proposed subdivision is in substantial conformance with the goals and
policies of the 2010 General Plan, including the requirements of Measure S. The
0 General Plan recognizes the site as an important site that merits
specific direction for its development. As such, the site is designated as one of 11
Special Concern Areas within the General Plan. The Special Concern Area
language includes the following provisions, which are addressed through the
proposed project:
character of a
country road. The Town strongly supports retention of this character and
protection of the view The project residences
would be clustered at the lowest, flattest areas of the project site, where
they would not be visible to motorists on Diablo Road.
The Plan provides that
of homes to the least sensitive and obtrusive parts of the site are
The clustering of homes would comply with this directive.
The Plan provides that
Danville, protection of scenic slopes and ridgelines is imperative. Despite
the A-2 (General Agricultural) zoning on much of the site, subdivision of
this Special Concern Area into five-acre ranchette sites similar to those
in the Tassajara Lane/Sherburne Hills area is strongly discouraged. Such
development would require grading and road construction that could
substantially diminish the visual qualities of the area. Transferring
allowable densities to a limited number of areas within the ranch would
enable the bulk of the site to be set aside as permanent open space. This
would also provide opportunities to establish park and trail connections
PAGE 7 OF RESOLUTION NO. 46-2019
and to preserve wildlife corridors between this area and the Sycamore
The project, through the use of P-1 zoning to cluster
the p sites,
would limit grading and road construction and substantially preserve the
visual quality of the area. The clustering of the project would also
permanently preserve 381 acres, or approximately 93% of the site as open
space, which would include trail connections to the Sycamore Valley
Open Space, provision of easements necessary to create a
bicycle/pedestrian trail parallel to Diablo Road, and preservation of
wildlife corridors through the site.
2. The design of the proposed subdivision is in conformance with the P-1; Planned
Unit Development District since the subject P-1; Planned Unit Development
District is customized to the subject Development Plan. The P-1; Planned Unit
Development District is an appropriate zoning designation for infill projects and
lands designated as Special Concern Areas in the General Plan. Additional
detailed findings regarding P-1 zoning consistency can be found under
Preliminary Development Plan Rezoning above.
3. The design of the subdivision and the type of associated improvements will not
likely cause serious public health problems, because water and sanitary facilities
services will be available to the new parcels.
4. The site of the subdivision is physically suitable for the proposed density of
development. The proposed development of 69 lots on the 410 +/- acre site falls
within the allowable maximum density range of up to 78 units, consistent with
Danville 2030 General Plan land use designations of Residential Single
Family Low Density, Rural Residential, Agricultural and General Open Space.
With respect to density on the portions of the site designated as in
the 2030 General Plan, the General Plan provides the following:
to remain in agricultural uses, a density range is not applicable. In the event that
Williamson Act contracts are not renewed, continued agricultural use is
encouraged and the underlying zoning density (one unit per 20 acres or one unit
The portions of the site designated as Agricultural are no longer bound by
practice (and that of
Contra Costa County, prior to the Town's incorporation in 1982) was to zone
lands to A-4 (20 acre minimum) upon execution of a Williamson Act contract,
PAGE 8 OF RESOLUTION NO. 46-2019
regardless of the size or prior zoning of the property. The purpose of this A-4
zoning designation is to show that the property is under a Williamson Act
contract. For example, the Town rezoned the Borel property (APN 218-090-
031) from P-1 to A-4 upon execution of a Williamson Act contract, despite the
entire parcel being only 17 acres. Under the A-4 zoning designation one home
per 20 acres is allowed.
Upon expiration of a Williamson Act contract, the General Plan dictates that the
, which has been the zoning in effect prior
to entering into the contract. This reflects the intent to place the property in the
position it held prior to entering into the contract, neither increasing nor
was previously
applied by the Town with respect to Assessors Parcels 202-100-017, -018, and -019
on the subject property. In February 1986, the Town approved a Williamson Act
contract for these parcels and at the same time adopted an ordinance rezoning
them from A-2 to A-4. In March 1988, after discovery that the contract had never
been properly executed, the property owner requested, and the Town approved,
an ordinance rezoning the property back to the prior designation of A-2.
The property owner in this case did not apply to rezone the property after the
Williamson Act contract expired. However, in determining potential density for
purposes of this application, the Town used the underlying zoning of A-2 (with
the corresponding maximum development density of one unit per five acres) as
provided for in the General Plan and consistent with prior applications,
including the Elworthy Ranch project approved by the Town in 2008 under the
approval granted for Preliminary Development Plan Rezoning request PUD
2005-02.
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. The Revised Environmental Impact Report prepared for the
project found that, with implementation of recommended mitigation measures,
the project would have no significant negative impacts on the wildlife on site,
including California Red Legged Frogs, wetlands, trees and plant life.
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. There are currently no existing
public easements for access through or use of the subdivision. Through project
conditions of approval, the subdivision will offer new easements for public
access.
PAGE 9 OF RESOLUTION NO. 46-2019
7. The project will not cause on-site flooding or add to existing downstream
flooding as detailed in the Hydraulic Report prepared for the project by ENGEO,
Inc. and as concurred with by the Contra Costa County Flood Control and Water
Conservation District.
TREE REMOVAL PERMIT
The project as proposed would preserve 272 trees out of the 321 surveyed trees and
many other trees located throughout the site, and remove 49 trees. Of the 49 trees to be
removed, seven
Ordinance. In addition, to construct roadway improvements at and near the intersection
of Diablo Road/Green Valley Road/McCauley Road, the project would remove 18
trees, including eight protected trees.
The findings below address only the 15
Tree Preservation Ordinance. The EIR for the project analyzes the potential
environmental impacts of removing all trees, whether or not they are designated as
protected.
1. Necessity. The primary reason for removal of the 67 trees, including 15 Town-
protected trees, is that preservation of those trees would be inconsistent with the
proposed residential development of the property, including the creation of a
new roadway to access the main project area, including a new creek crossing, to
be located east of Jillian Way, and the widening of the Diablo Road/Green Valley
Road/McCauley Road intersection to the south to improve the function of that
intersection.
2. Erosion/surface water flow. Removal of the 15 Town-protected trees and 67
total trees would not cause significant soil erosion or cause a significant
diversion or increase in the flow of surface water.
3. Visual effects. With respect to other trees in the area, the project site contains a
significant number of additional trees, including Town-protected Oak trees that
would not be removed for the project. In addition, the project proponent will be
required to replace all Town-protected trees to be removed with approved
ree
Preservation Ordinance. Tree replacement will be conducted in accordance with
trees to meet the cumulative diameter number of the removed trees. The project
proponent will also be required to replace all non-ordinance-size trees (i.e., trees
less than 10 inches in diameter for single-trunk trees or less than 20 inches in
diameter for multi-trunk trees) at a replacement-to-removal ratio of 1:1.
PAGE 10 OF RESOLUTION NO. 46-2019
Removal of the 67 trees, including 15 Town-protected trees, would not
significantly affect off-site shade or adversely affect privacy between properties
of the trees in relation to other properties.
CONDITIONS OF APPROVAL
Conditions of approval with an asterisk (*) in the left-hand column are standard project
conditions of approval.
Conditions of approval typed in italicized text are mitigation measures derived from the
Environmental Impact Report prepared for the project.
Unless otherwise specified, the following conditions shall be complied with prior to
recordation of the final map for the project or the issuance of grading permits or
building permits (as determined appropriate by the Planning Division). Each item is
subject to review and approval by the Planning Division unless otherwise specified.
A. GENERAL
1. This approval is for Preliminary Development Plan Rezoning request
(LEG10-0004), Major Subdivision request (DEV10-0071), Final
Development Plan request (DEV10-0072), and Tree Removal request
TR10-0028 which would collectively serve to: 1) rezone the property from
A-4; Agricultural Preserve District, A-2; General Agricultural District, and
P-1; Planned Unit Development District to P-1; Planned Unit
Development District; 2) approve the subdivision of the 410 +/- acre site
to create 69 single family residential lots and associated parcels; 3)
authorize 10% of the lots created to include an accessory dwelling unit
(; 4) provide for architectural design and landscape details for the
development, and; 5) authorize the removal of 15 Town-protected trees (a
total of 67 trees would be removed as part of the project); and
Development shall be substantially as shown on the project drawings as
follows, except as may be modified by conditions contained herein;
a. Planned Unit Development Site Summary Sheet labeled
Subdivision 9291 Magee Preserve, as prepared by Ruggeri-
Jensen-Azar, consisting of one sheet, dated July 24, 2017.
b. Vesting Tentative Map labe Magee
Preserve, including Site Plans, Grading Plans, Utility Plans, and
PAGE 11 OF RESOLUTION NO. 46-2019
Storm Water Treatment Plans, as prepared by Ruggeri-Jensen-Azar,
consisting of 13 sheets, dated January 22, 2019.
c. Architectu floor
plans, elevations, roof plans, and details as prepared by Dahlin
Group Architecture and Planning consisting of 39 sheets and dated
January 16, 2018.
d. Conceptual Landscape
prepared by Ripley Landscape Architecture Land Planning,
consisting of six sheets, dated November 6, 2017.
e. Environmental Impact Report dated November, 2013, as prepared
by Denise Duffy and Associates, Draft Revised Environmental
Impact Report as prepared by Denise Duffy & Associates dated
August, 2018, and Final Revised Environmental Impact Report as
prepared by Denise Duffy & Associates dated May 2019.
f. Preliminary Stormwater Management Plan as prepared by
Ruggeri-Jensen-Azar, dated April 19, 2013.
* 2. All Town and other related fees that the property may be subject to shall
be paid by the applicant. These fees shall be based on the current fee
schedule in effect at the time the relevant permits are secured, and shall be
paid as listed below:
The following fees are due at final map approval for the above-mentioned
project:
a. Map Check Fee (71 parcels) ..............................$ 7,130.00
b. Improvement Plan Check Fee ......... 3% of cost estimate
c. Engineering Inspection Fee ............. 5% of cost estimate
d. Grading Plan Check, Permit & Inspection ..............TBD
e. Base Map Revision Fee (71 parcels) .................$ 6,674.00
f. Excavation Mitigation Fee (Green Valley) ...$ 87,950.00
The following fees are due at building permit issuance for the above-
mentioned project:
a. Child Care Facilities Fee .................................... $ 335/lot
b. Storm Water Pollution Program Fee ................. $ 56/lot
c. Finish Grading Inspection Fee ........................... $ 84/lot
PAGE 12 OF RESOLUTION NO. 46-2019
d. SCC Regional Fee ............................................ $ 1,404/lot
e. Residential TIP Fee ......................................... $ 2,000/lot
f. Tri-Valley Transportation Fee ................... $4,457.63/lot
3. Prior to the recordation of the final map, the applicant shall reimburse the
Town for notifying surrounding residents of the public hearing. The fee
shall be $4,985.00 ($105 + 1,176 notices X $0.83 per notice X 5 mailings).
4. Prior to any grading or other construction activities, the applicant shall
develop a construction mitigation plan in close coordination with the
Town of Danville staff to assure that construction activities are scheduled
to minimize noise disturbance. The following conditions shall be
incorporated into the building contractor specifications:
a. Muffle and maintain all equipment used on site. All internal
combustion engine driven equipment shall be fitted with mufflers,
which are in good condition. Good mufflers shall result in non-
impact tools generating a maximum noise level of 80 dB when
measured at a distance of 50 feet.
b.
noise sources where technology exists.
c. Locate stationary noise-generating equipment as far as possible
from sensitive receptors when sensitive receptors adjoin or are near
a construction project area.
d. Prohibit unnecessary idling of internal combustion engines.
e.
properties.
f. Restrict noise-generating activities at the construction site or in
areas adjacent to the construction site to the hours between 8:00
a.m. and 5:00 p.m., Monday through Friday.
g. Do not allow machinery to be cleaned or serviced past 6:00 p.m. or
prior to 7:00 a.m. Monday through Friday.
h. Limit the allowable hours for the delivery of materials or
equipment to the site and truck traffic coming to and from the site
PAGE 13 OF RESOLUTION NO. 46-2019
for any purpose to Monday through Friday between 7:00 a.m. and
6:00 p.m.
i. Do not allow any outdoor construction or construction-related
activities at the project site on weekends and holidays. Indoor
construction activities may be allowed based on review/approval
of the Town.
j. Allowable construction hours shall be posted clearly on a sign at
each construction site.
k. Designate a Disturbance Coordinator for each of the clustered
development sites for the duration of the Phase 1 (site work) and
for each home site during the Phase 2 (home building) construction.
Because each home would be constructed individually and would
have its own building permit, a Disturbance Coordinator should be
designated during the construction of each home. The requirement
for a Disturbance Coordinator for each home site should be
incorporated in the CCRs of the development, such that
ion and/or home
builder to designate this Disturbance Coordinator for each lot for
the duration of construction until full site buildout. The
Disturbance Coordinator shall conduct the following: receive and
act on complaints about construction disturbances during
infrastructure installation, landslide repair, road building,
residential construction, and other construction activities;
determine the cause(s) and implement remedial measures as
necessary to alleviate significant problems; clearly post his/her
name and phone number(s) on a sign at each clustered
development and home building site; and, notify area residents of
construction activities, schedules, and impacts.
* 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 a
Notice of Determination for this project as required by AB 3185. The fee
shall be $3,271.00. In addition, the applicant shall pay a $50.00
administrative fee. Both checks shall be made payable to the Contra Costa
PAGE 14 OF RESOLUTION NO. 46-2019
County Clerk and shall be submitted to the Town within five days of
project approval.
7. If during the course of project construction, archaeological resources or human
remains are accidentally discovered during construction, work shall be halted
within 20 feet of the find until a qualified professional archaeologist can evaluate
it. Work shall not recommence until the project archaeologist has submitted
documentation to the Town indicating that discovered resources have been
adequately salvaged and no further resources have been identified within the area
of disturbance.
8. Pursuant to Section 7050.5 of the Health and Safety Code and Section 5097.94 of
the Public Resources Code of the State of California, in the event of the discovery
of human remains during construction, no further excavation or disturbance shall
be conducted on the site or any nearby area reasonably suspected to overlie
adjacent remains. The Contra Costa County Coroner shall be notified and make a
determination as to whether the remains are Native American. If the Coroner
determines that the remains are not subject to his authority, he shall notify the
Native American Heritage Commission who shall attempt to identify descendants
of the deceased Native American. If no satisfactory agreement can be reached as
to the disposition of the remains pursuant to this State law, then the land owner
shall re-inter the human remains and items associated with Native American
burials on the property in a location not subject to further subsurface disturbance.
9. If during the course of project construction, paleontological resources are
accidentally discovered during construction, work shall be halted within 20 feet of
the find until a qualified professional paleontologist can evaluate it. Work shall
not recommence until the project paleontologist has submitted documentation to
the Town indicating that discovered resources have been adequately salvaged and
no further resources have been identified within the area of disturbance.
* 10. Prior to any construction work on the site, including grading, the
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.
* 11. The applicant shall provide security fencing as determined necessary and,
to the satisfaction of the City Engineer and/or the Chief Building Official,
around the construction site during construction of the project.
PAGE 15 OF RESOLUTION NO. 46-2019
* 12. If the applicant intends to construct the project in phases, then the first
submittal for building permits shall be accompanied by an overall phasing
plan. This plan shall address: off-site improvements to be installed in
conjunction with each phase; erosion control for undeveloped portions of
the site; timing of delivery of emergency vehicle access connections; and
phasing of project grading. 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. The phasing plan shall be subject to the review and approval of
the City Engineer and Chief of Planning.
* 13. The applicant shall submit a written Compliance Report, signed by the
applicant, 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 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 final Building Inspection
sign-off.
15. Although the project would not exceed the BAAQMD significance
thresholds, the project shall be subject to the following BAAQMD Best
Management Practices:
a. All exposed surfaces (e.g., parking areas, staging areas, soil piles,
graded areas, and unpaved access roads) shall be watered two
times per day.
b. All haul trucks transporting soil, sand, or other loose material off-
site shall be covered.
c. All visible mud and dirt tracked-out onto adjacent public roads
shall be removed using wet power vacuum street sweepers at least
once per day. The use of dry power sweeping is prohibited.
PAGE 16 OF RESOLUTION NO. 46-2019
d. All vehicle speeds on unpaved roads shall be limited to 15 miles
per hour.
e. All roads, driveways, and sidewalks to be paved shall be
completed as soon as possible. Building pads shall be laid as soon
as possible after grading unless seeding or soil binders are used.
f. A publicly visible sign shall be posted with the telephone number
of the person to contact at the Lead Agency regarding dust
complaints. This person shall respond and take corrective action
visible to ensure compliance with applicable regulations.
g. All off-road construction equipment shall have at least Tier 2
engines with Level 3 verified retrofits for diesel emissions.
16. The applicant shall pay a school impact fee pursuant to the criteria set forth
within California Government Code Section 65995. Prior to the issuance of
building permits, the applicant shall pay required school mitigation fees, subject
to the review and approval of the Town of Danville and San Ramon Valley
Unified School District. The fees set forth in Government Code Section 65996
constitu
facilities impacts of projects [Government Code Section 65996(a)]. They are
Code Section 65996(b)].
17. Prior to the issuance of grading permits, the applicant shall retain a
specialist to assess rodent control impacts anticipated to be associated
with grading activity and installation of subdivision improvements. As
deemed necessary, following the Planning Di
rodent control plan to reduce impacts to surrounding properties to the
extent reasonably possible for the time periods of heavy construction
activity. The report shall include a schedule for regular rodent inspections
and mitigation in conjunction with the developer and the Town based on
the development schedule for the project. This report shall be subject to
review and approval by the Planning Division.
18. The applicant shall be responsible for washing the exterior of abutting
residences, and cleaning pools, patios, etc. at the completion of mass
grading activities. The residences to receive cleaning, the extent of the
cleaning efforts to be performed and the timing (and frequency) of such
cleaning shall be subject to review and approval by the Planning Division.
PAGE 17 OF RESOLUTION NO. 46-2019
19. In order to minimize potential human health hazards associated with the
historical use of hazardous materials on portions of the project site, the project
proponent shall retain a trained professional to prepare a Site Management Plan
to maintain the safety of construction workers and assure proper management of
any contaminated soils on the site in accordance with federal, state and local
regulatory requirements. This plan shall be subject to review and approval by
Contra Costa County Health Services, and evidence of approval provided to the
Town of Danville, prior to the issuance of any grading permit, demonstrating
that all necessary remedial actions have been completed pursuant to the approved
Site Management Plan. At a minimum, the Site Management Plan shall include
1) the collection and chemical analysis of soil samples from the former UST
location and 2) excavation and soils characterization to confirm that sufficient
soils removal has occurred for OCPs and elevated 4, 4-DDE at location SB-3, and
3) proper removal and disposal of all hazardous materials on the site, including
contaminated soils, chemical containers observed in the storage shed, and
herbicides spray bottles at an approved disposal facility.
B. SITE PLANNING
1. All buildings shall be designed so that reflective surfaces are limited, and exterior
lighting is down-lit and illuminates the intended area only. Building applications
for new structures shall include an exterior lighting plan subject to approval by
the Town of Danville that includes the following requirements: 1) exterior
lighting shall be directional; 2) the source of directional lighting shall not be
directly visible; and 3) vegetative screening shall be installed, where appropriate.
* 2. The location of any pad mounted electrical transformers shall be subject to
review and approval by the Planning Division prior to installation. To the
extent feasible, such transformers shall not be located between any street
and the front of any 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. Wells used for irrigation or
cattle may be retained subject to approval of the Contra Costa County
Health Services Department - Environmental Health Division.
4. Zoning standards and land uses for the development shall be as follows:
Primary Frontyard Setbacks:
Secondary Front Yard Setbacks:
Rearyard Setbacks: 20
PAGE 18 OF RESOLUTION NO. 46-2019
Sideyard Setbacks: Minimum
Aggregate Sideyard Setback:
All other development standards, allowed uses and conditional uses shall
be as -10; Single Family Residential District
Ordinance.
5. As part of the subject P-1; Planned Unit Development District, the
remaining approximately 381 acre undeveloped portion of the site shall be
preserved as permanent open space, and shall be designated as such on
the final map for the project. In addition, the applicant shall dedicate to
the Town of Danville a Scenic Easement covering the undeveloped
portions of the project site. The scenic easement shall preclude any future
development on the portions of the project site not approved for
development as part of this project. The public trail easement area to be
located along Diablo Road shall be excluded from the scenic easement.
6. In conformance with the Townwide Trails Master Plan dated January 1989
and the Parks, Recreation, and Arts Strategic Plan dated
July, 2017, the applicant shall dedicate a public trail easement to the Town
covering the trail from the main entry at Blackhawk Road near Jillian
Way, , west along the
(south side of Green Valley Creek), then northwest over the proposed
emergency vehicle access (EVA) roadway, and finally west over the
existing agricultural/fire trail along the south side of Diablo Road. The
easement shall terminate at the point west of the Diablo Road and
Alameda Diablo intersection. The easement shall be a floating easement
covering the entirety of the affected parcels, as determined appropriate by
the Town. Excess easement areas will be relinquished by the Town after
completion of the trail.
7. The applicant shall construct a public trail from Blackhawk Road near
to a point where the EVA connects to Diablo Road, as part of
the subdivision improvements. The trail design standard shall be that of a
Townwide Trails Master Plan dated
January 1989 and the Parks, Recreation, and Arts Strategic
Plan dated July, 2017. The trail shall be separate and distinct from any
internal sidewalks within the subdivision. Signage, trash/recycling
receptacles, doggy-bag dispensers, entry gates, and benches shall be
provided as required by the Town according to current design standards.
Maintenance of the trail improvements shall be provided by the project
and/or the GHAD. The Town will have the
PAGE 19 OF RESOLUTION NO. 46-2019
responsibility for the future construction of the extension of the public
trail from the EVA west along the south side of Diablo Road, as part of a
future Capital Improvement Project. The exact design/alignment of the
trail and construction timing will be determined by the Town at a future
date.
8. The applicant shall dedicate a pedestrian access easement to the East Bay
Regional Park District (EBRPD) which links Diablo Road with Sycamore
Valley to the south. The easement shall be a minimum width of
and shall generally follow the existing fire trails as shown on plans
referenced under condition of approval A.1.a. above. The exact alignment
of the trail shall be subject to review and approval by the Town and the
EBRPD prior to recordation of the final map.
9. The existing Green Valley Creek culverts along the developments frontage
with Diablo Road require the following improvement measures to assure
a properly functioning drainage course:
a. --high
reinforced concrete box culvert. The applicant shall remove the
ranch-constructed cattle gate (corrugated sheet metal) that
currently obstructs flows through one of the two adjacent culverts.
b. -diameter corrugated steel
structural plate culvert. The applicant shall pay $100,000 toward
the future repair of this facility.
c. At the creek crossing located approximately 150 yards west of
Aveni --high reinforced
concrete box culvert. The applicant shall remove the ranch-
constructed cattle gate (corrugated sheet metal) that currently
obstructs flows.
The above stated improvements shall be performed to the satisfaction of
the Engineering Division and shall be done prior to acceptance of the
subdivision improvements.
10. The developer shall provide a gravel parking area to accommodate motor
of the bridge. The developer shall complete additional study of this area
with the intent on providing up to eight parking spaces. The final design
Review Board prior to recordation of the final map.
PAGE 20 OF RESOLUTION NO. 46-2019
C. LANDSCAPING
* 1. Final landscape and irrigation plans shall be submitted for review and
approval by the Planning Division and the Design Review Board. 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.
* 3. All trees shall be a minimum of 15-gallon container size. All trees shall be
properly staked. All remaining shrubs used in the project, which are not
used as ground cover, shall be a minimum of five gallons in size. A
minimum of 25% of the true shrubs planted in the project shall be 10 or
15-gallon container size shrubs.
* 4. All landscaped areas not covered by shrubs and trees shall be planted
with live ground cover or covered with mulch. All proposed ground
cover shall be placed so that it fills in within two years.
* 5. If site construction activity occurs in the direct vicinity of the on-site and
off-site protected trees which are not approved for removal, a security
deposit in the amount of the assessed value of the tree(s) (calculated
the Town prior to the issuance of a grading permit to maximize the
probability that the affected trees will be retained in good health. The
applicant shall be required to secure an appraisal of the condition and
value of all such potentially affected trees. The appraisal shall be done in
of Tree
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 and shall be submitted for
review and approval by the Planning Division 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 approved tree preservation
agreement.
PAGE 21 OF RESOLUTION NO. 46-2019
* 6. A minimum of two street trees per lot (three for corner lots) shall be
incorporated into the final landscape and irrigation plan for the project.
7. The proposed open wire fencing shall include a rigid and durable top bar
to prevent the fence from sagging. All applicant-installed fencing shall be
subject to review and approval by the Planning Division and the Design
Review Board as part of a Final Fencing Location, Design and
Construction Details submittal.
8. all be responsible for the
maintenance of all landscaping within the public right-of-way along
Blackhawk Road at the main project entry.
9.
prevent public access into it. The fence design shall be subject to review
the final map.
D. ARCHITECTURE
1. Final architectural elevations, details and revisions shall be submitted for
review and approval by the Design Review Board prior to issuance of
building permits for the project. Six full size sets of construction drawings
for the project shall be submitted to the Planning Division for design
review concurrent or prior to, the applicant initiating the Building
Division plan check process.
2. 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.
* 3. The street numbers for each building in the project shall be posted so as to
be easily seen from the street at all times, day and night by emergency
service personnel. If the street numbers are under four inches in height,
they shall be illuminated consistent with the Uniform Building Code.
* 4. Samples of final materials and the proposed color palette shall be
submitted for review and approval by the Design Review Board prior to
the issuance of building permits for the project.
PAGE 22 OF RESOLUTION NO. 46-2019
5. If project entry signage for the development is desired, a Sign Review
permit shall be submitted to the Town for consideration under a separate
application.
* 6. The location, design and number of gang mailbox structures serving the
project shall be subject to review and approval by the Design Review
Board and the local Postmaster.
7. The development of Lots 1, 67, 68, and 69 of this subdivision shall be
limited to single story homes only.
E. BIOLOGICAL
1. The project proponent shall implement the following measures during
construction activities in or along East Branch Green Valley Creek to avoid take
of individual CRLF:
a. Prior to the start of construction, the project proponent shall retain a
qualified biologist to train all construction personnel regarding habitat
sensitivity, identification of special status species, and required practices.
b. Prior to the start of construction, the project proponent shall retain a
qualified biologist to conduct pre-construction surveys to ensure that
CRLF are absent from the construction area. If CRLF are present, a
qualified biologist possessing all necessary permits shall relocate them or
they shall be allowed to move out of the construction area on their own.
c. Immediately following the pre-construction surveys and a determination
that CRLF are not present in the construction zone, the construction zone
shall be cleared and silt fencing erected and maintained around
construction zones to prevent CRLF from moving into these areas.
d. The project proponent shall retain a qualified biological monitor to be
present onsite during times of construction within the riparian habitat of
East Branch Green Valley Creek to ensure no CRLF are harmed, injured,
or killed during project buildout.
2. The project would impact approximately 0.3 acres of moderate-quality riparian
habitat resulting from construction of the vehicular bridges across East Branch
Green Valley Creek. The project shall replace the lost value of this impact by
restoring the impacted riparian habitat at a minimum 1:1 replacement-to-loss
ratio. (Final mitigation amounts will be based on actual impacts to be determined
during the design phase.) This shall be accomplished by restoring riparian habitat
at the four following locations:
PAGE 23 OF RESOLUTION NO. 46-2019
a. The existing wet crossing and asphalt near the panhandle (i.e., where the
new bridge is to be constructed) shall be removed. The silt and sediment
buildup behind and adjacent to the wet crossing and asphalt shall also be
removed and the creek bed shall be lowered to restore the natural flow of
this portion of the creek.
b. The existing crossing from San Andreas Drive shall be removed and the
creek restored in this area.
c. The two existing cattle grates on Magee West near the existing culverts
shall be removed. One of these is causing sediment build up and adversely
impacting the creek. The natural flow of this channel shall be restored back
to its original condition prior to the original installation of the grates.
d. The riparian corridor along the East Branch of Green Valley Creek will be
enhanced with suitable planting and placement of riparian vegetation along
the proposed trail on Magee East. Approximately 2 acres along East
Branch Green Valley Creek between the creek and the trail is available to
accommodate the minimum 0.3 acres of riparian enhancement plantings.
The enhancement area shall be planted with native species appropriate for
the corridor.
3. The project would impact approximately 0.5 acres of jurisdictional waters that are
of a degraded quality and marginal value for the CRLF. The project shall replace
the lost functions and value of this impact to aquatic habitats at a minimum of 1:1
replacement-to-loss acreage ratio. The final mitigation amounts will be based on
actual impacts to be determined during the design phase. Habitat replacement via
creation of and/or enhancements to existing waters shall occur onsite. Onsite
lands proposed to be preserved as open space are within the same watershed as the
offsite detention basin known to support breeding CRLF and are expected to fully
accommodate creation of and/or enhancements to aquatic habitats that would be of
substantially higher value to CRLF than the impacted waters. Compensation for
impacts to jurisdictional waters to benefit the CRLF will include all of the
and enhancing the associated riparian habitat between the stock pond and the
detention basin. (Refer also to mitigation measures 4.4-13 and 4.4-14 below for
impacts to jurisdictional waters.)
4. The project proposes to preserve approximately 381 acres of the project site as
open space. Areas to be preserved would be placed under a conservation easement
or deed restriction to prohibit construction and preserve conservation value. The
project proposes to create a geologic hazard abatement district (GHAD) to provide
suitable funding for management and long-term maintenance of the site. Upland
PAGE 24 OF RESOLUTION NO. 46-2019
habitats shall be managed via a long-term management plan to maintain the
quality of the habitat for the movement and dispersal of CRLF. Prior to
construction, the project proponent shall retain a qualified biologist to prepare an
open space management plan for the explicit purpose of managing and
monitoring the proposed open space area. This plan shall be submitted to the
Town of Danville for review and approval prior to issuance of grading permits.
At a minimum this plan shall include the following components:
a. Identify the location of the restoration efforts for replacing jurisdictional
waters and riparian habitats. The replacement ratio for both habitats will
be at a minimum of a 1:1 ratio.
b. Identify the approaches to be used, including the extent that the onsite
stock pond be expanded, reconfiguring of the pond bottom and increase in
depth, and providing evidence that sufficient water budget exist for any
proposed enhancement.
c. Identify a suitable planting regime for restoring wetland and riparian
habitats.
d. Identify success criteria for monitoring both the wetland and riparian
habitats that are consistent with similar habitats regionally.
e. Monitor restored wetland habitats for at least five years and restored
riparian habitats for 10 years.
f. Define and identify the GHAD maintenance and management activities to
manage the open space habitats to meet the stated goals of support habitat
characteristics suitable for the CRLF. This would include suitable fencing
so as to control access, limited cattle grazing or other procedures to
manage grass height and forage production at levels that benefit the
CRLF, and removal of trash.
g. Define the financial mechanism for the GHAD to manage the open
space into perpetuity.
5. Prior to the start of construction, the project proponent shall retain a qualified
biologist to train construction personnel regarding habitat sensitivity,
identification of special status species, and required practices.
6. Prior to the start of construction within the East Branch Green Valley Creek
riparian area, the project proponent shall retain a qualified biologist to conduct
pre-construction surveys to ensure that western pond turtles are absent from the
construction area. If western pond turtles are present, a qualified biologist
possessing all necessary permits shall be retained to relocate them.
PAGE 25 OF RESOLUTION NO. 46-2019
7. If western pond turtles are found to be absent from the construction zone,
immediately following the pre-construction surveys the project proponent shall
clear the construction zone and install/maintain silt fencing around the
construction zone to prevent western pond turtles from entering these areas.
8. During construction within the East Branch Green Valley Creek riparian area,
the project proponent shall retain a biological monitor to be present onsite during
times of construction to ensure that turtles are not harmed, injured, or killed.
9. To the maximum extent practicable, the project proponent shall remove trees
during the non-breeding season (September 1 through January 31). If it is not
possible to avoid tree removal and associated disturbances during the breeding
season (February 1 through August 31), the project proponent shall retain a
qualified biologist to conduct a pre-construction survey for tree-nesting raptors
and other tree- or ground-nesting migratory birds in all trees or other areas of
potential nesting habitat within the construction footprint and 250 feet of the
footprint, if such disturbance would occur during the breeding season. This
survey shall be conducted no more than 14 days prior to the initiation of
demolition/construction activities during the early part of the breeding season
(February through April) and no more than 30 days prior to the initiation of these
activities during the late part of the breeding season (May through August). If
nesting raptors or migratory birds are detected on the site during the survey, a
suitable construction-free buffer shall be established around all active nests. The
precise dimension of the buffer (a minimum of 150 feet up to a maximum of 250
feet) shall be determined at that time and may vary depending on location and
species. Buffers shall remain in place for the duration of the breeding season or
until it has been confirmed by a qualified biologist that all chicks have fledged and
are independent of their parents. Pre-construction surveys during the non-
breeding season are not necessary, as the birds are expected to abandon their
roosts during construction activities.
10. In order to avoid impacts to active burrowing owl nests, the project proponent
shall retain a qualified biologist to conduct pre-construction surveys for
burrowing owls within the construction footprint and within 250 feet of the
footprint no more than 30 days prior to the onset of ground disturbance. These
owl survey methods (CDFG 2012b). If pre-construction surveys determine that
burrowing owls occupy the site during the non-breeding season (September 1
through January 31), then a passive relocation effort (e.g., blocking burrows with
one-way doors and leaving them in place for a minimum of three days) may be
used to ensure that the owls are not harmed or injured during construction.
Once it has been determined that owls have vacated the site, the burrows can be
collapsed, and ground disturbance can proceed. If burrowing owls are detected
within the construction footprint or immediately adjacent lands (i.e., within 250
PAGE 26 OF RESOLUTION NO. 46-2019
feet of the footprint) during the breeding season (February 1 through August 31),
a construction-free buffer of 250 feet shall be established around all active owl
nests. The buffer area should be enclosed with temporary fencing, and
construction equipment and workers may not enter the enclosed setback areas.
Buffers must remain in place for the duration of the breeding season or until it
has been confirmed by a qualified biologist that all chicks have fledged and are
independent of their parents. After the breeding season, passive relocation of any
remaining owls may take place as described above.
11. Pre-construction surveys conducted for burrowing owls shall also be used to
determine the presence or absence of badgers in the development footprint. If an
active badger den is identified during pre-construction surveys within or
immediately adjacent to the construction envelope, the project contractor shall
establish a construction-free buffer around the den of up to 300 feet or a distance
specified by the resource agencies (i.e., CDFG). Because badgers are known to use
multiple burrows in a breeding burrow complex, the project contractor shall
retain a biological monitor during construction activities to ensure the buffer is
adequate to avoid direct impacts to individuals or nest abandonment. The
monitor shall be present onsite until it is determined that young are of an
independent age and construction activities would not harm individual badgers.
Once it has been determined that badgers have vacated the site, the burrows can
be collapsed or excavated, and ground disturbance can proceed.
12. The project proponent shall replace wetland and riparian habitat at a 1:1
replacement-to-loss ratio. It is expected that all compensation measures can be
accommodated within the 381 acres of the site proposed as open space. Prior to
issuance of a grading permit, the project proponent shall retain a qualified
biologist to prepare an onsite habitat mitigation and monitoring plan (HMMP)
that includes both an aquatic habitat restoration plan and a riparian habitat
restoration plan. The HMMP would specifically address the wetland and riparian
habitats and is separate from the Open Space Management Plan identified in
Mitigation 4.4-4, although there may be some overlap. The HMMP shall include
the following components, at a minimum:
a. Define the location of all restoration/creation activities;
b. Provide evidence of a suitable water budget to support any created
wetland and riparian habitats;
c. Identify the species, amount, and location of plants to be installed;
d. Identify the time of year for planting and method for supplemental
watering during the establishment period;
PAGE 27 OF RESOLUTION NO. 46-2019
e. Identify the monitoring period, which should be not less than 5 years for
wetland restoration and not less than 10 years for riparian restoration,
defines success criteria that will be required for the wetland restoration to
be deemed a success;
f. Identify adaptive management procedures that include (but are not limited
to) measures to address colonization by invasive species, unexpected lack
of water, excessive foraging of installed wetland plants by native wildlife,
and similar;
g. Define management and maintenance activities (weeding of invasives,
providing for supplemental water, repairing of water delivery systems) of
the proposed GHAD; and
h. Provide for assurance in funding the monitoring and ensuring that the
created wetland and riparian habitats fall within lands to be preserved and
managed into perpetuity. Confirm that the proposed GHAD will meet
these responsibilities.
13. The project proponent shall comply with all state and federal regulations related
to construction work that will impact aquatic habitats occurring on the site.
Prior to construction, the project proponent shall obtain a Section 404 Clean
Water Act permit from the USACE, Section 401 Water Quality Certification
from the RWQCB, and/or Section 1600 Streambed Alteration Agreement from
the CDFG, and submit proof of such documentation to the Town of Danville.
14. Prior to issuance of a grading permit, a tree preservation plan shall be prepared
for all trees to be retained that identifies all protection and mitigation measures to
be taken and includes the tree preservation guidelines by HortScience in their tree
report(s). These measures shall remain in place for the duration of construction
activities at the project site.
15. Upon completion of construction, the project proponent shall replace all
ordinance-size trees to be removed with approved species
number and diameter necessary to equal the diameter of the tree(s) which are
including planting a mixture of small and large box trees to meet the cumulative
diameter number of the removed trees. The project proponent shall replace all
non-ordinance-size trees (i.e., trees less than 10 inches in diameter for single-
trunk trees or less than 20 inches in diameter for multi-trunk trees) at a
replacement-to-removal ratio of 1:1. To the maximum extent practicable, all
native trees that are removed shall be replaced with like species. All non-native
trees that are removed shall be replaced with species that are known to occur
naturally within similar habitats in the region.
PAGE 28 OF RESOLUTION NO. 46-2019
16. Prior to construction, the project proponent must retain a qualified arborist to
develop a monitoring plan for replacement trees (outside the riparian habitat) and
submit it to the Town of Danville during the permit process. The basic
components of the monitoring plan shall include final success criteria, specific
performance criteria, monitoring methods, data analysis, monitoring schedule,
contingency/remedial measures, and reporting requirements.
17. For tree removal necessitated by the improvements to the Diablo Road/Green
Valley Road intersection, the project shall implement Conditions of Approval 14-
16 above, as applicable.
F. GRADING
* 1. Any grading on adjacent properties will require prior written approval of
those property owners affected.
* 2. At least one week prior to commencement of grading, the applicant shall
post the site and mail to the owners of property within 300 feet of the
exterior boundary of the project site, to the homeowner associations of
nearby residential projects and to the Town of Danville Development
Services Department, a notice that construction work will commence. The
notice shall include a list of contact persons with name, title, phone
number and area of responsibility. The person responsible for maintaining
the list shall be included. The list shall be kept current at all times and
shall consist of persons with authority to initiate corrective action in their
area of responsibility. The names of individuals responsible for dust, noise
and litter control shall be expressly identified in the notice.
* 3. 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 revie
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.
PAGE 29 OF RESOLUTION NO. 46-2019
5. In order to avoid water quality impacts, a Storm Water Pollution Prevention
Plan (SWPPP) shall be prepared for the site preparation, construction, and post-
construction periods. The SWPPP shall incorporate best management practices
consistent with the requirements of the National Pollution Discharge Elimination
System (NPDES) Municipal Stormwater permit (No. CAS612008). The project
proponent shall obtain a NPDES General Construction Permit and prepare the
SWPPP in accordance with all legal requirements, prior to the issuance of a
grading permit. Additional requirements for erosion control are detailed in
mitigation measure 4.6-1 in 4.6 Geotechnical and Geologic Hazards.
* 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 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.
10. Runoff from any contaminated soil shall not be allowed to enter any
drainage facility, inlet or creek.
11. In order to minimize potential impacts from landslides, final project
design plans shall incorporate the recommendations in the preliminary
geotechnical report, which includes the following corrective measures:
a. Landslide avoidance;
b. Construction of catchment areas between landslides and proposed
improvements;
c. Partial landslide debris removal and buttressing with engineered
fill; and
PAGE 30 OF RESOLUTION NO. 46-2019
d. Complete landslide debris removal and replacement as engineered
fill.
The table below sets forth the required mitigation measures by landslide
area (shown in Figure 4.6-2 of the Draft EIR).
Landslide Mitigation
1 Partial landslide removal and buttressing with
engineered fill
2 Construction of catchment areas between landslides and
proposed improvements
3 Partial landslide removal and buttressing with
engineered fill
4 Construction of catchment areas between landslides and
proposed improvements
5 Complete landslide removal and replacement as
engineered fill
6 Complete landslide removal and replacement as
engineered fill
7 Complete landslide removal and replacement as
engineered fill
8-16 Landslide avoidance
Detailed 40-scale corrective grading plans for the entire project will be
prepared when project grading plans have been finalized. Final plans
showing the identified recommendations shall be submitted to the Town
of Danville for review and approval prior to issuance of a building permit.
12. In order to minimize potential impacts from expansive soils, final project
design shall incorporate the recommendations in the preliminary
geotechnical report (see Appendix E of the Draft EIR) that include special
measures for mitigating adverse impacts from expansive soils, as follows:
a. Conditioning the expansive soils to higher moisture content during
site preparation and grading.
b. Supporting the houses on structural slab foundations designed to
withstand potential movements of expansive soils.
PAGE 31 OF RESOLUTION NO. 46-2019
c. Pre-soaking the near-surface expansive soils prior to concrete
placement for the slab foundations.
d. Conditioning the expansive subgrade soils in exterior concrete
flatwork area to higher moisture content prior to the placement of
base rock or concrete (if the flatwork is supported directly on the
subgrade).
e. Providing surface drainage away from the house foundations and
draining the rainwater collected on the roof through pipes
connecting to the adjacent storm drains.
The final project plans incorporating all the finalized geotechnical
recommendations shall be submitted to the Town of Danville for review
and approval prior to issuance of a building permit.
13. Prior to any grading or other construction activities, the applicant shall
develop a construction mitigation plan in close coordination with the
Town of Danville to minimize noise disturbance. The following conditions
shall be incorporated into the building contractor specifications:
a. Muffle and maintain all equipment used on site. All internal
combustion engine driven equipment shall be fitted with mufflers,
which are in good condition. Good mufflers shall result in non-
impact tools generating a maximum noise level of 80 dB when
measured at a distance of 50 feet.
b.
noise sources where technology exists.
c. Locate stationary noise-generating equipment as far as possible
from sensitive receptors when sensitive receptors adjoin or are near
a construction project area.
d. Prohibit unnecessary idling of internal combustion engines.
e.
properties.
f. Restrict noise-generating activities at the construction site or in
areas adjacent to the construction site to the hours between 8:00
a.m. and 5:00 p.m., Monday through Friday.
PAGE 32 OF RESOLUTION NO. 46-2019
g. Do not allow machinery to be cleaned or serviced past 6:00 p.m. or
prior to 7:00 a.m. Monday through Friday.
h. Limit the allowable hours for the delivery of materials or
equipment to the site and truck traffic coming to and from the site
for any purpose to Monday through Friday between 7:00 a.m. and
6:00 p.m.
The allowable hours for delivery of materials and equipment to the
site and truck traffic coming to and from the site for any purpose
afternoon weekday school commute hours of 7:00 a.m. to 9:00 a.m.
and 2:00 p.m. to 4:00 p.m.
i. Do not allow any outdoor construction or construction-related
activities at the project site on weekends and holidays. Indoor
construction activities may be allowed based on review/approval
of the Town.
j. Allowable construction hours shall be posted clearly on a sign at
each construction site.
k. Designate a Disturbance Coordinator for each of the clustered
development sites for the duration of the Phase 1 (site work) and
for each home site during the Phase 2 (home building) construction.
Because each home would be constructed individually and would
have its own building permit, a Disturbance Coordinator should be
designated during the construction of each home. The requirement
for a Disturbance Coordinator for each home site should be
incorporated in the CCRs of the development, such that
builder to designate this Disturbance Coordinator for each lot for
the duration of construction until full site buildout. The
Disturbance Coordinator shall conduct the following: receive and
act on complaints about construction disturbances during
infrastructure installation, landslide repair, road building,
residential construction, and other construction activities;
determine the cause(s) and implement remedial measures as
necessary to alleviate significant problems; clearly post his/her
name and phone number(s) on a sign at each clustered
development and home building site; and, notify area residents of
construction activities, schedules, and impacts.
PAGE 33 OF RESOLUTION NO. 46-2019
14. Concurrent with the submittal of the final grading plans, the applicant
shall submit a plan detailing all retaining walls greater than three feet in
height in the project. Details shall include wall height, design,
construction materials, and method of provision for drainage behind the
walls. The plans shall also depict which retaining walls will be
maintained by the homeowners association. Final wall design shall be
subject to approval by the Planning Division prior to issuance of grading
permits.
G. STREETS
* 1. The applicant shall obtain an encroachment permit from the Engineering
Division or the Contra Costa County Public Works Department prior to
commencing any construction activities within any public right-of-way or
easement.
* 2. Street signing shall be installed by the applicant as may be required by the
City Engineer. Traffic signs and parking restriction signs, which may be
required to be installed, shall be subject to review and approval by the
Transportation Division and the Police Department.
* 3. All mud or dirt carried off the construction site onto adjacent streets shall
be swept each day. Water flushing of site debris or sediment or concrete
washing is expressly prohibited.
* 4. Any damage to street improvements now existing or done during
construction on or adjacent to the subject property shall be repaired to the
satisfaction of the City Engineer, at full expense to the applicant. This
shall include slurry seal, overlay or street reconstruction if deemed
warranted by the City Engineer.
* 5. All improvements within the public right-of-way, including curb, gutter,
sidewalks, driveways, paving and utilities, shall be constructed in
accordance with approved standards and/or plans and shall comply with
the standard plans and specifications of the Development Services
Department and Chapters XII and XXXI of the Town Code. At the time
project improvement plans are submitted, the applicant shall supply to
the City Engineer an up-to-date title report for the subject property.
* 6. Handicapped ramps shall be provided and located as required by the City
Engineer.
PAGE 34 OF RESOLUTION NO. 46-2019
* 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
104 a and b.
* 8. The Project shall be required to stripe curbs and install any necessary
parking or circulation signage, as determined by the Transportation
Division.
* 9. Prior to the approval of the Improvement Plans, Danville Transportation
Division shall review and approve the location, type and design of the
speed control device, as well as the locations and number of signage and
striping.
10. If approved by Contra Costa County, install a traffic signal at the intersection of
Diablo Road/Blackhawk Road and
expense. The traffic signal shall be installed prior to occupancy of the 35th
residence in the project final approval
of the intersection improvement plan, whichever comes last.
11. The project proponent shall modify the roadway striping along McCauley
Road between the intersection and approximately 350 feet south of Diablo
Road/Green Valley Road. The modified roadway striping shall
substantially conform to the following: a) reconfigure the existing 17-foot
southbound through lane to a 10-foot shoulder and a 12-foot through lane;
b) replace the existing 3-foot double-double yellow centerlines with a
single double yellow center-line; c) maintain the existing 10-foot
northbound left turn lane while shifting it two feet toward the easterly
curb line; d) reduce the existing 16-foot northbound through/right turn
lane to 13 feet; and e) transition existing downstream (to the south)
centerline/left turn lane on McCauley Road accordingly to accommodate
the new configuration, as illustrated at page 4.3-44 of the Draft REIR. This
improvement shall be completed prior to issuance of building permits for
any of the three residences just east of McCauley Road.
12. The project proponent shall install a new pedestrian crossing and
supplemental pedestrian-actuated warning system at the project main
entrance on Blackhawk Road. The crossing shall physically connect the
the north side of Blackhawk Road. The project proponent will be
required to submit improvement plans to Contra Costa County for
review and approval. If Contra Costa County elects not to maintain the
PAGE 35 OF RESOLUTION NO. 46-2019
selected pedestrian safety improvement, then said maintenance shall be
13. The applicant shall apply for a Large Road Encroachment Permit from
Contra Costa County Public Works for the construction of the intersection
of Appaloosa Street with Blackhawk Road. The applicant shall contact the
Engineering Services Division of the County Public Works Department
(925-313-2000) to process a Road Acceptance Agreement along with the
review of plans associated with the encroachment permit. The application
single point of ingress/egress to Blackhawk Road.
14. No construction work requiring closure or detour from any portion of
Diablo Road or Blackhawk Road shall be performed during the morning
or evening commute hours, or on weekends or holidays. Commute hours
shall be assumed to be between the hours of 6:00 a.m. and 10:00 a.m. and
between 3:00 p.m. and 7:00 p.m.
15. According to the Final Map for Subdivision 7985 (recorded on June 3, 1999
in Book 392 of Map at Pages 47-48), temporary right-of-way was granted
to the Town across a portion of Lot 6 in order to provide the residents of
Jillian Way access to Blackhawk Road. A note on the map indicates that
the Town will abandon this right-of-way and give fee title back to Lot 6
when alternative access is provided through the adjoining property to the
lopment project seeks to grant alternative
access to the Jillian Way residents and seeks to close-off the access through
Lot 6 to Blackhawk Road, the applicant shall provide the Town with a
legal description and plat map to effectuate the abandonment.
16. The applicant shall establish a fund (with a preset amount of $30,000) that
shall be used to subsidize TRAFFIX use or other transportation programs.
17. The applicant shall make an offer of dedication to the Town of
approximately 50 feet of frontage a
frontage from the Diablo Road/McCauley Road intersection easterly to
trails and Diablo Road (approximately 7,200 linear feet). The exact width
of the dedication shall be subject to review and approval by the City
Engineer prior to recordation of the Final Map.
PAGE 36 OF RESOLUTION NO. 46-2019
18. The project shall be required to install two solar powered radar signs
ll be
determined by the Town prior to recordation of the final map.
19. The improvements for the Diablo Road/Green Valley Road/McCauley
Road intersection, as shown on the approved project plans, shall be
completed prior to occupancy of the 18th residence in the development.
H. INFRASTRUCTURE
* 1. Domestic water supply shall be from an existing public water system.
Water supply service shall be from the East Bay Municipal Utility District
water system in accordance with the requirements of the District.
* 2. All wastewater shall be disposed into an existing sewer system. Sewer
disposal service shall be from the Central Contra Costa Sanitary District
sewer system in accordance with the requirements of the District.
* 3. Drainage facilities and easements shall be provided to the satisfaction of
the City Engineer and/or the Chief Engineer of the Contra Costa County
Flood Control & Water Conservation District.
4. In order to reduce wind and water erosion on the project site, an erosion control
plan and Storm Water Pollution Prevention Plan (SWPPP) shall be prepared for
the site preparation, construction, and post-construction periods (see mitigation
measure 4.8-1.).
The project shall prepare an erosion control plan in accordance w
Erosion Control Ordinance. The project proponent shall implement the following
measures, where appropriate, to control erosion: 1) keep construction machinery
off of established vegetation as much as possible, especially the vegetation on the
upwind side of the construction site; 2) establish specific access routes at the
planning phase of the project, and limits of grading prior to development, which
should be strictly observed; 3) utilize mechanical measures (i.e., walls from sand
bags and/or wooden slat or fabric fences) to reduce sand movement; 4) immediate
re-vegetation (plus the use of temporary stabilizing sprays), to keep sand
movement to a minimum; and 5) for larger-scale construction, fabric or wooden
slat fences should be placed around the construction location to reduce sand
movement. This erosion control plan shall be submitted to the Town of Danville
for review and approval prior to issuance of a grading permit.
* 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.
PAGE 37 OF RESOLUTION NO. 46-2019
* 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.
* 8. 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. All new utilities required to serve the development shall be installed
underground in accordance with the Town policies and existing
ordinances. All utilities shall be located and provided within public utility
easements, sited to meet utility company standards or in public streets.
* 10. All utility distribution facilities, including but not limited to electric,
communication and cable television lines, within a residential or
commercial subdivision shall be underground, except as follows:
a. Equipment appurtenant to underground facilities, such as surface
mounted transformers, pedestal mounted terminal boxes and meter
boxes, and concealed ducts;
b. Metal poles supporting street lights.
* 11. All street, drainage or grading improvement plans shall be prepared by a
licensed civil engineer.
12. Prior to the recordation of the final map for each phase of development, the
applicant shall submit detailed design-level infrastructure drawings approved by
the East Bay Municipal Utility District to the Town of Danville for review and
approval. All new water supply infrastructure shall be designed in accordance
with all applicable East Bay Municipal Utility District specifications. All water
supply infrastructure plans shall be reviewed and approved prior to final map
recordation.
13. The East Bay Municipal Utility District maintains a right-of-way (R/W 1581)
through the project site, which provides access to the Green Valley Reservoir. In
operations, the final map shall clearly delineate all known easements, including
-of-way (R/W 1581). Any and all
PAGE 38 OF RESOLUTION NO. 46-2019
activities proposed within the right-of-way shall be coordinated with East Bay
Municipal Utility District. This easement shall be reflected in all final design-
level improvement plans and appropriate notes shall also be included, subject to
the review and approval of the East Bay Municipal Utility District and the Town
of Danville.
14. The final map for the applicant shall abandon all abutters rights to the
project site along Diablo Road and Blackhawk Road except for the
approved main entry drive and the Emergency Vehicle Access road.
I. 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 revised final
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 apply to the Town for use of eminent
domain powers in accordance with Town Resolution No. 78-85. All
easement rights shall be secured prior to Town Council final approval of
any subdivision map. All costs associated with such acquisition shall be
borne by the applicant.
* 3. Pursuant to Government Code section 66474.9, the applicant (including
the applicant or any agent thereof) shall defend, indemnify and hold
harmless the Town of Danville and its agents, officers and employees
from any claim, action or proceeding against the Town or its agents,
officers or employees to attack, set aside, void, or annul, the Town's
approval concerning this application, which action is brought within the
time period provided for in Section 66499.37. The Town will promptly
notify the applicant of any such claim, action or proceeding and cooperate
fully in the defense.
4. The project homeowners' association, through project-specific covenants,
conditions and restrictions (CC&Rs), shall be responsible for maintenance
of all common landscape areas and common fencing. Draft project CC&Rs
shall be submitted to the Town of Danville for review and approval a
minimum of 45 days prior to recordation of the final map. The CC&Rs
PAGE 39 OF RESOLUTION NO. 46-2019
shall also include language notifying homeowners of the public trails
through the project, the public parking area/trailhead, and that the public
may park on the neighborhood streets to access area trails.
5. A Geologic Hazard Abatement District (GHAD) shall be established or
annexed into. The GHAD shall consider implementing measures to
prevent, mitigate, abate, or control geologic hazards and also mitigate or
abate structural hazards that are caused by geologic hazards. Said GHAD
shall be established or the property annexed into a GHAD according to
Public Resources Code §26500 et seq. The GHAD should consider owning
or maintaining the approximately 381 acres of permanent open space. The
GHAD should consider assuming responsibility for maintenance and
upkeep of the detention basin, other stormwater pollution control and
hydromodification facilities constructed as part of the project, and the
future public trail to be constructed by the Town between the western
EVA terminus and the western terminus of the trail near the Diablo
Road/Alameda Diablo intersection. The GHAD should consider
establishing a comprehensive plan to maintain the restored creek and
bridge and provide corrective measures as needed. If any duties listed
responsibilities,
Association (HOA). A quarterly report regarding GHAD funding and
activities shall be prepared for the first five years after the GHAD assumes
responsibilities under the Plan of Control and submitted for review by the
Town and made available for review by other watershed stakeholders.
6. The project is in the San Ramon Creek watershed. The project shall
mitigate the impact of additional stromwater runoff draining to San
Ramon Creek by either of the following methods:
Remove 1 cubic yard of channel excavation material from the
inadequate portion of San Ramon Creek for each 50 square feet of new
impervious surface area created by the development. All excavated
material shall be disposed of off-site by the developer at his own cost.
The site selection, land rights, and construction staking will be
performed by the Contra Costa County Flood Control District FC
District .
OR, upon written request by the developer:
Provide for a cash payment in lieu of actual excavation and removal of
material from the inadequate portion of San Ramon Creek. The cash
PAGE 40 OF RESOLUTION NO. 46-2019
payment will be calculated at a rate of $0.10 per square foot of new
impervious surface area created by the development. The added
impervious surface area created by the development will be based on
District will use these funds to work on San Ramon Creek annually.
7. The project site is also upstream of known inadequate reaches of Green
Valley Creek. As a result, this project shall be subject to the Green Valley
Creek Mitigation fee of $0.10 per square foot of newly created impervious
surface area. This fee is based on the Contra Costa County Flood Control
8. As required by Division 1010 (Drainage) of the County Title 10 Ordinance,
the applicant shall obtain a drainage permit (1010 permit) from the Flood
Control District prior to conducting any work (including but not limited
to new storm drain outfalls, bridges, and road widening) in natural or
man-made watercourses located in unincorporated Contra Costa County.
9. The applicant shall construct the detention basin and drainage facilities in
accordance with the Regional Hydrologic Analysis prepared by Engeo
Incorporated and dated June 8, 2011, and revised on April 17, 2012. Prior
to allowing any changes to these drainage facilities as modeled, the
developer shall submit a revised Hydrologic Analysis for Contra Costa
10. The applicant shall submit a final stormwater control plan for review and
approval by the Town and the Contra Costa County Flood Control
District prior to recordation of the final map.
* 11. Use of a private gated entrance is expressly prohibited.
* 12. 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 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 equivalent manner.
PAGE 41 OF RESOLUTION NO. 46-2019
* 13. The project shall conform to the Regional Water Quality Control Board
post-construction C.3 regulations which shall be designed and engineered
imp
Stormwater Control Plan and are to be implemented as follows:
Prior to issuance of permits for building, site improvements, or
landscaping, the permit application shall be consistent with the
drawings and specifications necessary to implement all measures in
the approved plan. The permit application shall include a completed
Construction Plan C.3 Checklist as described in the T Stormwater
C.3 Guidebook.
As may be required by the City Engineer and the Chief of Planning,
drawings submitted with the permit application (including structural,
mechanical, architectural, grading, drainage, site, landscape, and other
drawings) shall show the details and methods of construction for site
design features, measures to limit directly connected impervious area,
pervious pavements, self-retaining areas, treatment (Best Management
Practices) BMPs, permanent source control BMPs, and other features
that control stormwater flow and potential stormwater pollutants.
Prior to building permit final and issuance of a Certificate of
Occupancy, the applicant shall execute any agreements identified in
the Stormwater Control Plan which pertain to the transfer of
ownership and/or long-term maintenance of stormwater treatment or
hydrograph modification BMPs.
Prior to building permit final and issuance of a Certificate of
approval, a Stormwater BMP Operation and Maintenance Plan in
accordance with the Town of Danville guidelines. Guidelines for the
preparation of Stormwater BMP Operation and Maintenance Plans are
Stormwater C.3 Guidebook.
14. The project shall
Affordable Residential Housing Ordinance. The developer shall provide
at least seven below market rate for-rent second units, as defined by the
Ordinance. If rented, these second units shall be rented at an affordable
rate, as set by the California Department of Housing and Community
Development, to be affordable to low income households. The
PAGE 42 OF RESOLUTION NO. 46-2019
development and tenant occupancy of below market rate units shall be
subject to an affordable housing agreement, which shall be subject to
review and approval by the Town Council prior to recordation of the final
map for the project. In addition, a deed restriction shall be recorded with
Dwelling Unit Ordinance precluding concurrent use of the second units
and the respective primary residence as rental units. This condition does
not preclude future property owners in this subdivision from building
additional second dwelling units in compliance with the
Dwelling Unit Ordinance and State Law.
15. The project shall include the following sustainable design features:
Rooftop solar installations
GreenPoint rated design
Tankless hot water heaters
High efficiency irrigation systems
Low emitting insulation at walls and ceilings
Insulation on all hot water pipes
Energy Star appliances
Low VOC paints, caulking and construction adhesives
Energy Star bath fans
Low flow toilets
HVAC filters
High efficiency air conditioners with environmentally responsible
refrigerants
Electric vehicle chargers
PAGE 43 OF RESOLUTION NO. 46-2019
APPROVED by the Danville Town Council at a regular meeting on July 2, 2019, by the
following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
_____________________________
MAYOR
APPROVED AS TO FORM: ATTEST:
_______________________________ ______________________________
CITY ATTORNEY CITY CLERK